MODULE 3

Cabinet form of Government - Center and States Government - Appointment of

President, Vice president, Governors - Emergency powers -Elections and Election
Commission.

Asst. Prof Prince S A

Nehru Academy of Law | Constitutional Law 1 | 5s2

Cabinet System in India:

The Cabinet System in India forms an important part of the parliamentary form of government.
It consists of Council of Ministers, headed by the Prime Minister. The Cabinet is the highest
decision-making body in the government and is responsible for formulating policies and
making important decisions on various issues. The principle of collective responsibility and
individual responsibility are a cornerstone of the cabinet form of government and the Lok
Sabha, as the lower house of Parliament, holds the Cabinet accountable through debates and
discussions.

The Cabinet System in India is a fundamental feature of its parliamentary form of government.
It comprises senior ministers led by the Prime Minister is the real executive authority. The
President of India appoints the Prime Minister and acts on the advice of the Council of
Ministers. The principle of collective responsibility is a fundamental feature of the Cabinet
System. The Cabinet meets regularly to discuss and decide on important policy matters and
issues facing the country and serves three principal functions: to determine government policy,
to implement government policy, and to carry out interdepartmental coordination and
cooperation.

o Brief History of the Cabinet System

During pre-independent India, the concept of a cabinet system evolved with the Executive
Council of the Viceroy serving as an early precursor. The Cabinet System was formally
established after India gained independence in 1947. Jawaharlal Nehru became the first Prime
Minister, leading the interim government and later the first elected government. The
Constitution of India, adopted in 1950, outlined the structure and function of the Cabinet
System. Articles 74 and 75 of the Constitution deal with the roles of the Prime Minister, the
Council of Ministers, and their relationship with the President.

o Cabinet Form of Government

In a parliamentary democracy, the Cabinet consisting of the Prime Minister and senior
ministers appointed by the President, functions as the highest decision-making body in the
government. Cabinet ministers in the parliament usually belong to the majority party or
coalition. It meets frequently to deliberate, discuss and make decisions in relation to the
government functions. It represents the collective functions. It represents the executive branch
of the government and guides the council of ministers for policy decisions. It supervises the
implementation of its decision by the council of ministers.

The Cabinet is responsible to the Parliament, and its members are held accountable to the
legislative body for their decisions and actions. It is responsible for the implementation of the
policies and programmes of the government that ensures the efficient and smooth functioning
of the government.

o Process of a Cabinet System

The cabinet system is a key component of parliamentary governance, involving the

organization, functioning, and decision-making processes of the executive branch. Here's an
overview of the process of a cabinet system, particularly in the context of a parliamentary
democracy like India:
1. Formation of the Cabinet

1. Appointment of the Prime Minister:

o The head of state (President in India) appoints the leader of the majority party
or coalition in the lower house of Parliament (Lok Sabha) as the Prime Minister.
2. Selection of Ministers:
o The Prime Minister selects members of the Parliament, usually from the ruling
party or coalition, to be part of the cabinet. These ministers are then appointed
by the President on the advice of the Prime Minister.
3. Types of Ministers:
o Cabinet Ministers: Senior ministers heading major departments.
o Ministers of State: May have independent charge of smaller departments or
assist Cabinet Ministers.
o Deputy Ministers: Assist higher-ranking ministers and may not be part of the
cabinet.

2. Organization of the Cabinet

1. Portfolios Allocation:
o The Prime Minister allocates specific portfolios (departments or ministries) to
each cabinet minister. This determines their areas of responsibility and
authority.
o Example: Arun Jaitley was appointed as the Finance Minister.
2. Cabinet Committees:
o The cabinet may establish various committees (e.g., Economic Affairs,
Security, Political Affairs) to handle specific areas of policy. These committees
streamline decision-making and allow for detailed examination of issues.
o Example: The Cabinet Committee on Security includes key ministers like the
Defence Minister, Home Minister, and Finance Minister to focus on national
security issues.

Cabinet Committees are essential for the efficient functioning of the government, enabling a
division of labour among ministers and facilitating focused discussions on specific issues.
Although they are not mentioned in the Indian Constitution, their establishment and functioning
are guided by the Rules of Business of the Government of India.

Key Characteristics of Cabinet Committees:

§ Extra-Constitutional Bodies:
o Cabinet Committees are not mentioned in the Constitution of India but are based
on the Rules of Business.
§ Types of Committees:
o Standing Committees: Permanent in nature and deal with ongoing government
functions and issues.
o Ad Hoc Committees: Temporary and formed to address specific issues or
situations. They are disbanded after their task is completed.
§ Establishment and Composition:
o Cabinet Committees are set up by the Prime Minister based on the requirements
of the situation.
 o The composition, number, and tenure of these committees can vary. The Prime
Minister determines which ministers will be part of each committee.

Key Points on Composition:

§ Number of Members:
o The number of members in a Cabinet Committee can vary from three to eight,
depending on the nature and scope of the committee's responsibilities.
§ Inclusion of Cabinet Ministers:
o Most members are typically cabinet ministers who have relevant expertise and
responsibility for the issues being addressed by the committee.
§ Inclusion of Non-Cabinet Ministers:
o Non-cabinet ministers may also be appointed to provide specialized knowledge
or to represent specific interests within the government.
§ Leadership:
o Most Cabinet Committees are chaired by the Prime Minister, ensuring that the
highest level of leadership is involved in key decisions.
o In some cases, other senior cabinet ministers, such as the Home Minister or the
Finance Minister, may chair the committees.

§ Functions:
o Issue Resolution: Sort out complex issues and formulate proposals for the
Cabinet's consideration.
o Decision Making: Some committees have the authority to take decisions on
behalf of the Cabinet and review their decisions if necessary.
o Workload Management: They help reduce the workload of the Cabinet by
allowing focused discussions and efficient decision-making.
§ Operational Efficiency:
o Cabinet Committees facilitate detailed and specialized discussions on various
policy matters.
o They enhance coordination among different ministries and departments.

Examples of Cabinet Committees:

§ Standing Committees:
o Cabinet Committee on Economic Affairs (CCEA):Deals with economic
policy, including foreign investment, industrial licensing, and economic
reforms.
o Cabinet Committee on Security (CCS):Responsible for decisions related to
defense policy, internal security, and strategic affairs.
o Cabinet Committee on Political Affairs (CCPA):Acts as a super-cabinet and
deals with all major political issues.
§ Ad Hoc Committees:
o Cabinet Committee on COVID-19 Management:Formed to address the
specific challenges posed by the COVID-19 pandemic, coordinating the
government’s response and strategies.
o Cabinet Committee on Price Control:Established to tackle inflation and
manage the prices of essential commodities.
Examples in Practice:

§ Cabinet Committee on Economic Affairs (CCEA):

o The CCEA, chaired by the Prime Minister, approves significant economic
policies and projects. For instance, it may approve large-scale infrastructure
projects, reforms in the financial sector, or major foreign investment proposals.
§ Cabinet Committee on Security (CCS):
o The CCS, also chaired by the Prime Minister, makes crucial decisions regarding
national security. For example, it would be responsible for approving military
operations, defense procurements, and security strategies.
§ Ad Hoc Committees:
o During the COVID-19 pandemic, the government formed an ad hoc committee
to manage the crisis. This committee coordinated the nationwide lockdown,
formulated health policies, and ensured the distribution of vaccines.

Conclusion

Cabinet Committees, though not mentioned in the Constitution, play a crucial role in the Indian
government's functioning. They enable efficient decision-making, ensure better coordination
among ministries, and manage the workload of the Cabinet. By focusing on specific issues,
these committees contribute significantly to the effective governance and administration of the
country.

Classification of Cabinet Committees

There is a total of eight cabinet committees which are as listed below:

§ Appointments Committee of the Cabinet.

§ Cabinet Committee on Economic Affairs.
§ Cabinet Committee on Political Affairs.
§ Cabinet Committee on Investment and Growth.
§ Cabinet Committee on Security.
§ Cabinet Committee on Parliamentary Affairs.
§ Cabinet Committee on Employment & Skill Development.
§ Cabinet Committee on Accommodation.

3. Functioning of the Cabinet

1. Cabinet Meetings:
o The Prime Minister chairs regular cabinet meetings where ministers discuss and
decide on major policies and issues. These meetings ensure coordination and
collective decision-making.
o Example: A cabinet meeting is held to discuss the annual budget and economic
policies.
2. Decision-Making Process:
o Decisions are typically made through consensus. The principle of collective
responsibility ensures that all ministers publicly support cabinet decisions, even
if they privately disagreed during discussions.
o Example: The cabinet collectively decides on introducing the Goods and
Services Tax (GST) Bill in Parliament.
 3. Policy Formulation:
o The cabinet is the primary body responsible for formulating government
policies. It discusses proposals, drafts bills, and sets strategic priorities for the
government.
o Example: The formulation of the National Education Policy (NEP) is discussed
and approved by the cabinet.

4. Legislative Process and Cabinet’s Role

1. Introducing Legislation:
o The cabinet drafts bills and introduces them in Parliament. Most significant
legislation originates from the cabinet, reflecting its policy agenda.
2. Legislative Support:
o The cabinet must ensure that it has the support of the majority in the lower house
of Parliament (Lok Sabha) to pass legislation. This often involves negotiating
with coalition partners and other members of Parliament.
3. Ordinances:
o In case Parliament is not in session, the cabinet can advise the President to
promulgate ordinances, which have the force of law but must be approved
byParliament within six weeks of reassembly.
o Part 5, Chapter 3, Article 123: Power of the President to promulgate
Ordinances during the recess of Parliament. These ordinances have the same
force as laws enacted by Parliament but must be approved by Parliament within
six weeks of reassembly.

5. Executive Responsibilities

1. Implementation of Policies:
o Once policies and laws are approved, it is the responsibility of the cabinet to
ensure their implementation through various government departments and
agencies.
2. Administration:
o The cabinet oversees the administration of the country, managing day-to-day
affairs, addressing public grievances, and ensuring the smooth functioning of
government services.
3. Budget and Finance:
o The cabinet is responsible for preparing and presenting the budget to
Parliament, outlining revenue and expenditure for the financial year. It manages
public finances and allocates resources to various sectors.

6. Accountability and Resignation

1. Collective Responsibility:
o The cabinet is collectively responsible to the lower house of Parliament (Lok
Sabha). If the Lok Sabha passes a vote of no confidence against the cabinet, all
members, including the Prime Minister, must resign.
2. Individual Responsibility:
o Each minister is individually responsible for their ministry's performance. They
must answer questions in Parliament and can be asked to resign if found
incompetent or involved in a scandal.
 3. Cabinet Reshuffles:
o The Prime Minister may periodically reshuffle the cabinet, changing the
portfolios of ministers to improve efficiency, address political considerations,
or respond to performance issues.

7. Role of the Prime Minister

1. Leadership:
o The Prime Minister provides leadership to the cabinet, setting the agenda,
coordinating policies, and ensuring unity and coherence in the government's
actions.
2. Representation:
o The Prime Minister represents the country in international forums, engages with
foreign leaders, and plays a central role in diplomacy.
3. Crisis Management:
o The Prime Minister leads the government in times of crisis, making critical
decisions and ensuring stability.

Example of GST Implementation:

1. Formation:
o After winning the 2014 general elections, Narendra Modi is appointed Prime
Minister, and Arun Jaitley is selected as Finance Minister. They prioritize the
implementation of GST.
2. Organization:
o The Cabinet Committee on Economic Affairs, including Finance Minister Arun
Jaitley, is formed to focus on the GST policy.
3. Functioning:
o Regular cabinet meetings and discussions take place to finalize the GST Bill.
The cabinet collectively agrees on the draft and decides to introduce it in
Parliament.
4. Legislative Process:
o The GST Bill is introduced in the Lok Sabha by Arun Jaitley, debated, and
referred to a Select Committee. After scrutiny, it is passed by both houses and
receives the President’s assent.
5. Executive Responsibilities:
o The GST law is implemented through the GST Council and GSTN. The Finance
Ministry oversees the rollout and addresses initial challenges.
6. Accountability:
o The cabinet is accountable to the Lok Sabha for the successful implementation
of the GST. Arun Jaitley answers questions regarding its impact and
administration.
7. Prime Minister’s Role:
o Narendra Modi leads the initiative, ensuring state governments' cooperation,
addressing public concerns, and managing any crises that arise during
implementation.
Key Features of the Cabinet Form of Government in India:

1. Collective Responsibility:
o The Cabinet operates on the principle of collective responsibility. This means
that all members of the Cabinet are collectively responsible to the Lok Sabha
(House of the People) for their actions and policies. If the Lok Sabha passes a
vote of no confidence against the Cabinet, all members, including the Prime
Minister, must resign.
2. Bicameral Legislature:
o The Parliament of India consists of two houses: the Lok Sabha and the Rajya
Sabha (Council of States). The Cabinet is primarily accountable to the Lok
Sabha, where it must command a majority.
3. Leadership of the Prime Minister:
o The Prime Minister is the head of the government and the leader of the Cabinet.
The Prime Minister is appointed by the President of India and is usually the
leader of the party or coalition that has a majority in the Lok Sabha.
4. Executive Authority:
o The executive authority is vested in the President, who acts on the advice of the
Prime Minister and the Cabinet. The President's role is largely ceremonial, with
real executive power resting with the Prime Minister and the Cabinet.
5. Ministers and Portfolios:
o The Cabinet consists of various ministers, each in charge of specific portfolios
such as Finance, Defence, Home Affairs, and External Affairs. These ministers
are responsible for the administration of their respective departments.
6. Cabinet Meetings:
o The Cabinet meets regularly to discuss and decide on major policies and issues.
Decisions are made collectively, and ministers must adhere to these decisions
in their public pronouncements and actions.

Functions and Responsibilities of the Cabinet:

1. Policy Formulation:
o The Cabinet is responsible for formulating policies on various national and
international issues. These policies guide the administrative and legislative
agenda of the government.
2. Legislation:
o The Cabinet plays a crucial role in the legislative process. It introduces bills in
Parliament, which must be passed by both houses and receive the President's
assent to become law.
3. Budget and Finance:
o The Cabinet prepares the annual budget, outlining the government's revenue and
expenditure plans. The Finance Minister presents the budget in the Lok Sabha,
and it must be approved by Parliament.
4. Administration:
o The Cabinet oversees the administration of government departments and
agencies. It ensures that policies are implemented effectively and that public
services are delivered efficiently.
5. Foreign Policy:
 o The Cabinet determines India's foreign policy and conducts diplomatic relations
with other countries. The External Affairs Minister plays a key role in this area.
6. Crisis Management:
o The Cabinet is responsible for managing national crises, such as natural
disasters, economic downturns, or security threats. It coordinates the response
of various government agencies to address these challenges.
7. Advising the President:
o The Cabinet advises the President on various matters, including the appointment
of judges, governors, and other high-ranking officials. The President acts on the
advice of the Cabinet in these matters.

o Functions of the Cabinet System

Functions of the cabinet are as follows:

§ It is the highest decision making body.

§ The Cabinet is responsible for formulating and shaping major policies of the central
government.
§ It is the main executive authority of the central government.
§ Cabinet is the chief coordinator of the central government.
§ It act as an advisory body to the President and its advice are binding on him.
§ It looks after all the important legislative and financial matters.
§ Cabinet exercise control over appointments at the higher level such as constitutional
authorities.
§ Cabinet deal with all the foreign programme and policies.
§ It acts as a chief crisis manager and therefore deal with all the emergency situations.

Kitchen Cabinet or Inner Cabinet in the Indian Context

The term "Kitchen Cabinet" refers to an informal group of advisors to the Prime Minister,
typically consisting of close and trusted colleagues, friends, and sometimes family members.
This group operates outside the formal structures of government, providing counsel and support
on various issues.

Characteristics of the Kitchen Cabinet:

1. Informal Nature:
o Unlike the official cabinet, the kitchen cabinet is not bound by constitutional or
legal norms. It operates informally, and its meetings and discussions are not part
of the official record.
2. Membership:
o The kitchen cabinet can include cabinet ministers, other ministers, party leaders,
personal friends, and even family members of the Prime Minister. It is a highly
selective and trusted group.
3. Role and Function:
o The kitchen cabinet provides the Prime Minister with candid advice and support
on important matters. It helps the Prime Minister make critical decisions,
formulate strategies, and manage crises.
o It often serves as a sounding board for ideas and policies before they are
presented to the official cabinet or the public.
 4. Significance:
o The kitchen cabinet can wield significant influence over the Prime Minister’s
decisions due to the personal trust and loyalty involved. It acts as a close-knit
advisory body that the Prime Minister can rely on for honest and unfiltered
opinions.

Examples of Kitchen Cabinets in India:

1. Jawaharlal Nehru’s Kitchen Cabinet:

o Nehru's kitchen cabinet included trusted colleagues like Krishna Menon and
close aides who played a significant role in shaping his policies and decisions.
2. Indira Gandhi’s Kitchen Cabinet:
o Indira Gandhi relied heavily on her close advisors, including her son Sanjay
Gandhi, who wielded considerable influence during her tenure.
3. Narendra Modi’s Kitchen Cabinet:
o Prime Minister Narendra Modi is known to consult a close group of trusted
advisors, including key ministers like Amit Shah and personal aides who help
him with critical decision-making.

Advantages and Disadvantages:

Advantages:

1. Quick Decision-Making:
o The kitchen cabinet allows for swift and flexible decision-making, free from the
procedural constraints of the formal cabinet.
2. Confidentiality:
o Sensitive issues can be discussed in a confidential setting, away from public and
media scrutiny.
3. Trusted Advice:
o The Prime Minister receives advice from a group of trusted individuals who are
loyal and committed to his vision and goals.

Disadvantages:

1. Lack of Accountability:
o The informal nature of the kitchen cabinet means that it lacks transparency and
accountability, which can lead to criticisms of secretive governance.
2. Exclusion of Other Ministers:
o Relying too heavily on the kitchen cabinet can sideline other experienced and
capable ministers, potentially leading to resentment and a lack of cohesion in
the official cabinet.
3. Potential for Bias:
o The advice given by close friends and family may sometimes be biased, leading
to decisions that are not in the best interest of the broader government or public.

Conclusion

The kitchen cabinet plays a crucial role in the decision-making process of the Prime Minister,
providing a reliable and trusted advisory group. While it offers the advantage of swift and
confidential counsel, it must be balanced with the need for transparency and inclusivity in
governance to ensure that decisions are well-rounded and in the best interest of the nation.

Relevant Articles with Examples

The term "Cabinet" is not explicitly defined in the Constitution of India, but its concept and
role are implied through various provisions. Constitutional Provision:The term "Cabinet" is
explicitly mentioned in the Constitution under the 44th Amendment Act of 1978, which added
Article 352(3) specifying that the President shall not issue a proclamation of Emergency unless
the decision of the Union Cabinet is communicated to him in writing.

The Cabinet is part of the Council of Ministers, which is pivotal in the functioning of the
executive branch of the government. The Indian Constitution establishes the cabinet form of
government through several articles that outline the roles, responsibilities, and functioning of
the executive branch. Here are the key articles with practical examples to illustrate how they
operate:

1. Article 74: Council of Ministers to Aid and Advise the President

• Article 74(1): 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. However, the President may require the Council of
Ministers to reconsider such advice, and the President shall act in accordance with the
advice tendered after such reconsideration.

Example: The President of India signs an ordinance based on the advice of the Council
of Ministers headed by the Prime Minister. If the President has doubts, he may ask the
Council to reconsider the ordinance, but must accept their advice after reconsideration.

• Article 74(2): The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.

Example: If the President issues an ordinance or makes a decision based on the advice
of the Council of Ministers, the content of that advice cannot be challenged or
questioned in court.

2. Article 75: Other Provisions as to Ministers

• Article 75(1): The Prime Minister shall be appointed by the President, and the other
Ministers shall be appointed by the President on the advice of the Prime Minister.

Example: After the general elections, the President appoints the leader of the majority
party as the Prime Minister (e.g., Narendra Modi in 2014). The Prime Minister then
recommends other ministers, who are subsequently appointed by the President.

• Article 75(2): The Ministers shall hold office during the pleasure of the President.

Example: If a minister is found to be involved in a scandal, the Prime Minister may

advise the President to remove the minister from office.
 • Article 75(3): The Council of Ministers shall be collectively responsible to the House
of the People (Lok Sabha).

Example: If the Lok Sabha passes a vote of no confidence against the Council of
Ministers, the entire cabinet, including the Prime Minister, must resign.

• Article 75(4): Before a Minister enters upon his office, the President shall administer
to him the oaths of office and of secrecy according to the forms set out for the purpose
in the Third Schedule.

Example: When new ministers are appointed, they take an oath of office and secrecy,
administered by the President, before assuming their duties.

• Article 75(5): A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of that period cease to be
a Minister.

Example: If a person is appointed as a minister but is not a member of Parliament, he

must get elected to either the Lok Sabha or Rajya Sabha within six months to continue
as a minister.

• Article 75(6): The salaries and allowances of Ministers shall be such as Parliament may
from time to time by law determine and, until Parliament so determines, shall be as
specified in the Second Schedule.

Example: The salaries of ministers are determined by laws passed by Parliament. Until
such laws are enacted, their salaries are specified in the Second Schedule of the
Constitution.

3. Article 78: Duties of the Prime Minister

• It shall be the duty of the Prime Minister:

o Article 78(a): To communicate to the President all decisions of the Council of
Ministers relating to the administration of the affairs of the Union and proposals
for legislation.

Example: The Prime Minister briefs the President on the cabinet's decisions
regarding a new economic policy or a proposed bill.

o Article 78(b): To furnish such information relating to the administration of the

affairs of the Union and proposals for legislation as the President may call for.

Example: The President may ask the Prime Minister for details on the
implementation of a major government program like the Pradhan Mantri Jan
Dhan Yojana, and the Prime Minister must provide this information.

o Article 78(c): If the President so requires, to submit for the consideration of the
Council of Ministers any matter on which a decision has been taken by a
Minister but which has not been considered by the Council.
 Example: If a minister makes a decision on an important issue independently,
the President can ask the Prime Minister to bring the matter before the full
Council of Ministers for discussion and approval.

4. Article 88: Rights of Ministers as Respects the Houses

• Every Minister and the Attorney-General of India shall have the right to speak in, and
otherwise to take part in the proceedings of, either House, any joint sitting of the
Houses, and any committee of Parliament of which he may be named a member, but
shall not by virtue of this article be entitled to vote.

Example: The Finance Minister can participate in debates in both the Lok Sabha and
Rajya Sabha, present the budget, and explain government policies, but if they are not a
member of that house, they cannot vote on bills or resolutions.

o Responsibility of Ministers

Various form of responsibility of the ministers are described below:

§ Collective Responsibility

Article 75 states that the council of ministers is collectively responsible to the lok sabha. That
is all the council of ministers are jointly responsible to the Lok sabha for all their decisions and
actions. When no confidence motion is passed in the lok sabha against the council of ministers,
all the ministers need to resign including those ministers who are from Rajya sabha. Collective
responsibility also means that all the cabinet ministers are bound by the decision taken by the
cabinet.

§ Individual Responsibility

Article 75 states that the ministers hold office during the pleasure of the President. It means
that the ministers can be removed by the President even when the council of ministers enjoy
the confidence of the lok sabha. Although the President can remove a minister only in the
advice of the Prime Minister.

§ No Legal Responsibility

Indian constitution does not have any provision for the legal responsibility. It means that the
order passed by the President need not be countersigned by a minister. Additionally the court
are not allowed to enquire into the nature of the advice given by the ministers to the President.

o Difference Between Cabinet and Council of Ministers

The Difference Between Cabinet and Council of Ministers are as follows:
Aspect Cabinet Council of Ministers

Usually consists of key Encompasses a broader

Composition
ministers, including senior group, including Cabinet
Aspect Cabinet Council of Ministers

ones, and is led by the Ministers and Ministers of

Prime Minister. State.

Holds the highest decision- Involves both major and

Decision-Making making authority and is minor decisions, with some
Authority crucial for major policy decisions made collectively
decisions. in the Cabinet.

Headed by the Prime Includes various ministers,

Minister, who is the chief and the leadership may be
Leadership
executive and leader of the distributed among them
government. based on portfolios.

May have a mix of

Deliberations within the
confidential Cabinet
Cabinet are confidential,
Confidentiality decisions and broader
and decisions are binding
discussions involving the
on all members.
entire Council.

Collective responsibility is
All members collectively
a guiding principle, but its
Collective Responsibility share responsibility for
application may vary for
government decisions.
Ministers of State.

Involved in policy
Central in formulating
formulation, but some
major policies and
Policy Formulation decisions may be made at
decisions that shape the
the level of individual
country’s direction.
ministries.

Individual ministers are

Members are accountable accountable for their
Accountability to the Parliament for their specific portfolios, with the
actions and decisions. entire Council being
collectively accountable

Difference Between Cabinet and Council of Ministers

In the parliamentary system of India, the terms "Cabinet" and "Council of Ministers" are often
used, but they refer to distinct entities with different roles, compositions, and functions.
Understanding the differences between these two is crucial to comprehending the executive
branch of the Indian government.
Council of Ministers:

1. Composition:
o The Council of Ministers includes all categories of ministers: Cabinet Ministers,
Ministers of State (with or without independent charge), and Deputy Ministers.
2. Size:
o The Council of Ministers is a larger body, encompassing all ministers appointed
by the President on the advice of the Prime Minister.
3. Meetings:
o The Council of Ministers as a whole does not meet regularly. Its meetings are
less frequent and often involve broader discussions.
4. Function:
o The primary function of the Council of Ministers is to aid and advise the
President in the exercise of executive functions. It ensures that the executive
branch runs smoothly by managing various departments and ministries.
5. Constitutional Provision:
o The Council of Ministers is mentioned in Article 74 of the Indian Constitution,
which states that there shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President.
6. Collective Responsibility:
o The Council of Ministers is collectively responsible to the Lok Sabha, the lower
house of Parliament.

Cabinet:

1. Composition:
o The Cabinet is a smaller, more powerful subset of the Council of Ministers. It
consists only of the senior-most ministers, specifically designated as Cabinet
Ministers.
2. Size:
o The Cabinet is more compact, typically including around 15 to 20 senior
ministers who hold key portfolios such as Home, Finance, Defence, and
External Affairs.
3. Meetings:
o The Cabinet meets more frequently, often weekly, to discuss and decide on
major policies and issues. Cabinet meetings are crucial for policy formulation
and strategic decision-making.
4. Function:
o The Cabinet is the main decision-making body of the government. It formulates
policies, takes key administrative decisions, and oversees their implementation.
5. Constitutional Provision:
o The term "Cabinet" is explicitly mentioned in the Constitution under the 44th
Amendment Act of 1978, which added Article 352(3) specifying that the
President shall not issue a proclamation of Emergency unless the decision of the
Union Cabinet is communicated to him in writing.
6. Role in Governance:
o The Cabinet plays a pivotal role in the governance and administration of the
country. It takes the lead in shaping and directing national policy and strategy.
Key Differences:

1. Hierarchy and Influence:

o The Cabinet, being the core group of senior ministers, holds more influence and
authority in decision-making compared to the larger Council of Ministers.
2. Frequency of Meetings:
o The Cabinet meets regularly and frequently, while the Council of Ministers
meets less often and generally in broader, less frequent sessions.
3. Decision-Making:
o Major decisions and policies are primarily made in Cabinet meetings. The
Council of Ministers is more involved in the execution and management of these
decisions across various ministries.
4. Responsibility:
o While both the Cabinet and the Council of Ministers are collectively responsible
to the Lok Sabha, the Cabinet takes the lead in steering the government's
direction and responding to the legislature.

Conclusion:

Understanding the distinction between the Cabinet and the Council of Ministers is essential for
grasping the nuances of the executive branch in India's parliamentary system. The Cabinet,
with its smaller and more influential composition, is the primary decision-making body,
whereas the Council of Ministers, encompassing all ministers, supports broader administrative
functions and the implementation of policies. This structure ensures a balance of concentrated
leadership and comprehensive administrative management in the governance of India.
The Central Government of India

Part V (Article 52-151) of the Indian constitution deals with the union government and its
functions. There are five chapters inside.

§ Chapter 1 deals with the structure and functions of the executive. (Article 52-78)
§ Chapter 2 deals with the structure and the functions of the Parliament. (Article 79-122)
§ Chapter 3 deals with the legislative powers of the President. (Article 123)
§ Chapter 4 deals with the union judiciary. (Article 124-147)
§ Chapter 5 deals with the powers of the Comptroller and Auditor-General of India.
(Article 148-151)

All in all, part V of the Indian constitution forms a very crucial part of governance in India.

The Union Government of India is the official name for the country’s government. The Central
Government is another name for it. In 1950, the Indian Constitution established it. The
Republic of India, which consists of 29 states and seven union territories, is governed by the
Central Government. The Indian Central Government is based in New Delhi, the country’s
capital.

Our constitution establishes a federal framework in which the federal government and state
governments operate independently. However, certain unanimous decisions are made in order
to fulfil particular emergency situations or exigencies, which are regulated or directed by the
Central Government for the country’s national interest.

The central government in a unitary state is the government that exercises control over the
state. Central governments come in a variety of shapes and sizes. Maintaining national security
and conducting foreign diplomacy, including the authority to sign binding treaties, are common
responsibilities of this level of government that are not afforded to lower levels. In contrast to
local administrations, the central government has the power to establish laws that affect the
entire country.

o The basic structure of central government in India

According to the Constitution, India’s central government is divided into three divisions. Each
department of the government has its own set of powers. Each department is given certain
functions and responsibilities in order for the country to run smoothly.

§ Executive: President, Vice President, and Cabinet Ministers

§ Legislative: Parliament, Lok Sabha, and Rajya Sabha
§ Judiciary: Supreme Court of India, High Courts of India at the state level, and District
Courts and Sessions Courts at the district level

Roles and responsibilities of:

The Executive

The President, the Vice President, Cabinet Ministers, and the Independent Executive Agencies
make up the executive branch of the Central Government. The President is in charge of carrying
out the department’s duties. It is in charge of carrying out and enforcing legislation. To put it
another way, the executive branch does not make or interpret laws. However, it is responsible
for enforcing the laws enacted by the legislature and interpreted by the courts. Certain types of
laws in the country can come from the Central Government’s executive branch. This
department of government has sole authority and responsibility for the state bureaucracy’s
everyday administration and operation.

The executive branch of the Indian government is responsible for implementing and enforcing
laws, and it plays a crucial role in the administration and governance of the country. The
executive includes the President, Vice President, Prime Minister, Council of Ministers, and a
large bureaucracy. Here is an overview of their roles and responsibilities:

1. The President of India:

• Role:
o The President is the ceremonial head of the state and the supreme commander
of the armed forces.
o Acts as the formal executive authority, executing actions on the advice of the
Council of Ministers.
• Responsibilities:
o Appointments: Appoints the Prime Minister, other ministers, judges of the
Supreme Court and High Courts, the Comptroller and Auditor General, and
other key officials.
o Legislative Functions: Summons and prorogues Parliament sessions,
addresses the first session of Parliament every year, and dissolves the Lok
Sabha.
o Pardoning Power: Grants pardons, reprieves, respites, or remissions of
punishment.
o Emergency Powers: Declares national, state, and financial emergencies as per
the Constitution.
o Ordinances: Promulgates ordinances when Parliament is not in session, which
have the force of law.

2. The Vice President of India:

• Role:
o The Vice President is the ex-officio Chairperson of the Rajya Sabha (Council
of States).
• Responsibilities:
o Presiding Over Rajya Sabha: Presides over sessions of the Rajya Sabha and
ensures orderly conduct.
o Acting President: Acts as President in the event of the President’s absence,
resignation, removal, or death.

3. The Prime Minister of India:

• Role:
o The Prime Minister is the head of the government and the leader of the Council
of Ministers.
o Acts as the chief advisor to the President.
• Responsibilities:
 o Policy Making: Plays a pivotal role in shaping national policies and decisions.
o Coordination: Coordinates the work of different ministries and ensures
effective implementation of policies.
o Head of the Council of Ministers: Chairs Cabinet meetings and decides the
agenda.
o Communication with the President: Keeps the President informed about all
decisions of the Council of Ministers relating to the administration of the Union.

4. The Council of Ministers:

• Role:
o The Council of Ministers, headed by the Prime Minister, is responsible for
aiding and advising the President in the exercise of executive functions.
• Responsibilities:
o Collective Responsibility: The Council is collectively responsible to the Lok
Sabha for its policies and actions.
o Individual Responsibility: Each minister is responsible for the work of their
respective ministry.
o Legislation: Proposes and drafts bills for legislation and formulates policies.
o Administration: Oversees the implementation of laws and administration of
government services.

5. Cabinet Ministers:

• Role:
o Senior ministers in charge of specific ministries, such as Finance, Defence,
Home Affairs, External Affairs, etc.
• Responsibilities:
o Policy Formulation: Develop and implement policies within their ministry’s
jurisdiction.
o Budget Management: Oversee the allocation and expenditure of the budget for
their ministry.
o Representation: Represent their ministries in Parliament, defending policies
and answering questions.

6. Ministers of State:

• Role:
o Junior ministers who may be assigned independent charge of ministries or assist
Cabinet ministers.
• Responsibilities:
o Assistance: Assist Cabinet ministers in their duties and manage specific areas
within a ministry.
o Independent Charge: If holding independent charge, they have full
responsibility for their ministry’s operations.

7. Bureaucracy:

• Role:
 o Comprises civil servants and officials who execute government policies and
administer public services.
• Responsibilities:
o Policy Implementation: Implement the laws and policies formulated by the
government.
o Public Administration: Manage day-to-day operations of the government and
deliver public services.
o Advisory Role: Provide expert advice to ministers on various issues.
o Regulatory Functions: Enforce laws and regulations in various sectors.

Example: Implementation of the Goods and Services Tax (GST)

1. Prime Minister:

• Initiates the proposal for GST as a major economic reform.

2. Cabinet Ministers:

• Finance Minister drafts the GST Bill, consults with states, and presents it in Parliament.
• Other relevant ministers coordinate with their departments for the smooth
implementation of GST.

3. Council of Ministers:

• Approves the GST Bill and supports its passage in Parliament.

4. President:

• Gives assent to the GST Bill, turning it into law.

5. Bureaucracy:

• The Finance Ministry’s bureaucrats prepare the rules and regulations for GST.
• Tax officials across the country implement and monitor GST compliance.

6. GST Council:

• A special body comprising the Union Finance Minister, State Finance Ministers, and
other officials, oversees the administration and amendments of GST.

The Legislature

The legislative branch is also known as Parliament. The Indian Parliament, which is the most
important part of the legislative branch, is made up of two houses: the Lok Sabha (House of
People) and the Rajya Sabha (Council of States), with the President of India at its head.

This branch creates laws and policies that affect the entire country. Parliamentary supremacy,
but not complete sovereignty, is enjoyed by the legislative branch. It does, however, have some
influence over the executive branch. Its responsibilities are as follows:
 § Drafting of all principal legislation for the Central Government
§ Ordinances to be announced by the President
§ Regulations to be made by the President for Union Territories
§ Framing of election laws
§ To decide on bills to be introduced in the Parliament
§ Measures to be taken for states under the President’s rule and
§ Deals with certain matters like personal law, contracts, evidence, etc.

The legislature does not have absolute power. The reason for this is that its laws are open to
judicial scrutiny by the Indian judiciary or the Supreme Court.

Lok Sabha (House of the People)

Composition:

• Members: The Lok Sabha consists of up to 552 members.

o Elected Members: 543 members are directly elected by the people of India
from constituencies across the country.
o Nominated Members: Up to 2 members of the Anglo-Indian community can
be nominated by the President if he/she believes they are not adequately
represented.
• Term: Members serve for a term of five years, unless the house is dissolved sooner.

Roles and Responsibilities:

• Legislative Function:
o The primary role is to pass laws. Bills can be introduced by either the
government or private members.
o Money Bills can only be introduced in the Lok Sabha.
• Control Over Executive:
o The Lok Sabha exercises control over the executive through mechanisms like
Question Hour, Zero Hour, and debates.
o The government must retain the confidence of the Lok Sabha to remain in power
(confidence motions, no-confidence motions).
• Financial Control:
o The Lok Sabha has the final authority on financial matters, including the budget
and Money Bills.
o The Appropriation Bill and the Finance Bill are introduced and passed first in
the Lok Sabha.
• Representation:
o Lok Sabha members represent the people of their constituencies, raising issues
and concerns on their behalf.

Powers:

• Greater Legislative Power:

o In the case of a deadlock between the two houses on ordinary bills, a joint sitting
of both houses can be convened, where the Lok Sabha, with its larger
membership, has a greater influence.
Rajya Sabha (Council of States)

Composition:

• Members: The Rajya Sabha consists of up to 250 members.

o Elected Members: 238 members are elected by the elected members of State
Legislative Assemblies and Electoral College for Union Territories through a
single transferable vote system.
o Nominated Members: 12 members are nominated by the President for their
expertise in fields like literature, science, art, and social service.
• Term: Members serve for a term of six years, with one-third of the members retiring
every two years, making it a permanent body that is never dissolved.

Roles and Responsibilities:

• Legislative Function:
o Participates in the legislative process, with most bills needing approval by both
houses to become law.
o Can suggest amendments to Money Bills, but cannot amend or reject them; the
Lok Sabha can accept or reject these suggestions.
• Review and Debate:
o Acts as a revising chamber, providing detailed scrutiny of legislation passed by
the Lok Sabha.
o Engages in discussions and debates on key national and international issues.
• Representation of States:
o Represents the interests of the states and Union territories in the Parliament,
ensuring a federal balance.

Powers:

• Legislative Initiative:
o Can introduce ordinary bills (except Money Bills) and discuss and pass bills.
o Has the power to delay Money Bills but cannot reject them.
• Permanent Body:
o Being a permanent body, it ensures continuity in the legislative process and
national governance.

Key Differences between Lok Sabha and Rajya Sabha

Aspect Lok Sabha Rajya Sabha

Composition Up to 552 members (543 elected, 2 Up to 250 members (238 elected,
nominated) 12 nominated)
Election Directly elected by the people Elected by State Legislative
Assemblies
Term 5 years 6 years (one-third retire every 2
years)
Powers Greater control over financial Revising chamber, represents
matters and executive states
 Money Bills Can introduce and has final say
Can suggest amendments but
cannot reject
Confidence Can pass no-confidence motion No such power
Motions against the government
Dissolution Can be dissolved Permanent body

Roles and Responsibilities of the Legislature in India

The Legislature in India, comprising the Parliament at the central level and the state legislatures
at the state level, plays a pivotal role in the democratic framework of the country. The
Parliament of India consists of the President, the Rajya Sabha (Council of States), and the Lok
Sabha (House of the People). Here are the key roles and responsibilities of the Legislature in
India:

1. Law Making

• Primary Function:
o The principal function of the Legislature is to formulate, amend, and repeal
laws. This is done through the introduction of bills, which can be proposed by
members of Parliament (MPs) or the government.
• Types of Bills:
o Ordinary Bills: Can be introduced in either House and require approval by both
Houses and the President.
o Money Bills: Concern taxation or expenditure and can only be introduced in
the Lok Sabha, with the Rajya Sabha having limited powers over them.
o Financial Bills: Deal with financial matters but are not Money Bills; they
require the same procedure as Ordinary Bills.
o Constitutional Amendment Bills: Amend the Constitution and require a
special majority in both Houses.

2. Representation

• Voice of the People:

o MPs in the Lok Sabha represent the citizens of their constituencies and advocate
on their behalf. Members of the Rajya Sabha represent the states and Union
territories.
• Election of Members:
o Lok Sabha members are directly elected by the people.
o Rajya Sabha members are elected by the elected members of State Legislative
Assemblies and Electoral College for Union Territories.

3. Oversight and Accountability

• Government Oversight:
o The Legislature exercises oversight over the executive branch. It holds the
government accountable for its actions through various mechanisms.
• Instruments of Oversight:
o Question Hour: MPs ask questions to ministers about their ministries' work.
o Zero Hour: MPs raise urgent matters without prior notice.
 o Debates and Discussions: Thorough discussions on policies, bills, and national
issues.
o Committees: Specialized committees (Standing Committees, Select
Committees, Joint Committees) scrutinize legislation, budgets, and policies.

4. Financial Control

• Budget Approval:
o The Legislature approves the Union Budget, which includes the government's
revenue and expenditure for the year.
• Examination of Finances:
o Detailed examination of the budget by Standing Committees on Finance and
Public Accounts Committee.
• Taxation and Spending:
o No taxes can be levied or money spent without legislative approval.

5. Amending the Constitution

• Amendment Process:
o The Legislature has the power to amend the Constitution. This requires a special
majority in both Houses of Parliament and, in some cases, ratification by at least
half of the state legislatures.

6. Representation of States (Rajya Sabha)

• State Interests:
o The Rajya Sabha represents the states and Union territories, ensuring that
regional interests are considered in national legislation.
• Indirect Election:
o Members of the Rajya Sabha are elected by the elected members of State
Legislative Assemblies, representing the federal structure of the country.

7. Electoral Functions

• Elections to High Offices:

o The Legislature participates in the election of the President and Vice-President
of India.
o The Rajya Sabha and Lok Sabha, along with state legislatures, form the
Electoral College for these elections.

8. Judiciary Influence

• Impeachment Powers:
o The Legislature has the power to impeach the President, Vice-President, and
judges of the Supreme Court and High Courts.

Example: Passing a Bill

1. Introduction:
 o A bill is introduced in either House of Parliament (Lok Sabha or Rajya Sabha).
Money Bills can only be introduced in the Lok Sabha.
2. First Reading:
o The bill is introduced, and its title and objectives are read out.
3. Second Reading:
o The bill is debated in detail. It may be referred to a committee for further
scrutiny.
4. Committee Stage:
o The bill is examined by a committee, which may suggest amendments.
5. Third Reading:
o The final version of the bill is debated. Members can discuss but not amend the
bill.
6. Voting:
o The bill is put to vote. If it passes by a simple majority, it moves to the other
House.
7. Other House:
o The same process is repeated in the other House. Both Houses must agree on
the bill.
8. President’s Assent:
o The bill is sent to the President for assent. Once signed, it becomes law.

The Judicial system

It is the Supreme Court. The Supreme Court of India is the country’s highest judicial authority.
The judiciary is responsible for upholding and propagating the country’s law and order. Its
responsibilities are as follows:

§ It interprets the laws and carries out judicial reviews, sentences verdicts in complying
with laws as per the constitution, and ensures equality of everyone in front of the law.
§ It also solves conflicts between the Executive and Legislature and other public related
matters or conflicts.
§ It solves disputes between the Government of India and one or more states.
§ It solves disputes between two or more states.

Roles and Responsibilities of the Judiciary in India

The judiciary in India is an independent branch of the government, tasked with upholding the
Constitution, interpreting laws, and ensuring justice. It plays a crucial role in maintaining the
rule of law, protecting the rights and liberties of individuals, and checking the powers of the
executive and legislature. The judiciary in India consists of the Supreme Court at the apex,
followed by High Courts in each state, and subordinate courts at the district and lower levels.

1. Interpretation and Application of Laws

• Constitutional Interpretation:
o The judiciary interprets the Constitution and ensures that all laws and executive
actions conform to constitutional provisions.
• Statutory Interpretation:
o Courts interpret statutes and other legal documents, providing clarity on the
meaning and application of laws.
2. Adjudication of Disputes

• Civil and Criminal Cases:

o The judiciary adjudicates disputes between individuals, organizations, and the
state in both civil and criminal cases.
• Jurisdiction:
o Original Jurisdiction: The authority to hear cases for the first time, such as
disputes between states or between the center and states (Supreme Court and
High Courts).
o Appellate Jurisdiction: The authority to review and revise the decisions of
lower courts (Supreme Court and High Courts).
o Advisory Jurisdiction: The Supreme Court can provide advisory opinions to
the President on legal questions.

3. Protection of Fundamental Rights

• Writ Jurisdiction:
o The Supreme Court (Article 32) and High Courts (Article 226) can issue writs
such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to
protect fundamental rights.

1. Habeas Corpus

• Meaning: "You may have the body."

• Purpose: To release a person who has been detained unlawfully, whether in prison or
in private custody.
• Application: If a person is detained without legal justification, a writ of habeas
corpus can be filed in the court to order the person's release.
• Example: If a person is arrested and detained without being presented before a
magistrate within the stipulated time, a writ of habeas corpus can be filed to secure
their release.

2. Mandamus

• Meaning: "We command."

• Purpose: To direct a public official, public body, corporation, inferior court, tribunal,
or government to perform a duty that they are legally obligated to complete.
• Application: It is issued when a public official or entity fails to perform their duty,
and there is no other specific legal remedy available.
• Example: If a public official refuses to issue a license or permit that a person is
legally entitled to, a writ of mandamus can be issued to compel the official to perform
their duty.

3. Prohibition

• Meaning: "To forbid."

• Purpose: To direct a lower court or tribunal to stop proceedings in a case where it has
no jurisdiction or is exceeding its jurisdiction.
• Application: It is issued by a superior court to prevent an inferior court or tribunal
from continuing proceedings that are beyond its jurisdiction.
 • Example: If a lower court is hearing a case that legally falls outside its jurisdiction, a
writ of prohibition can be issued to stop the court from proceeding with the case.

4. Certiorari

• Meaning: "To be certified" or "To be informed."

• Purpose: To transfer a case from a lower court or tribunal to a higher court for review
or to quash the order of a lower court or tribunal.
• Application: It is issued when a lower court or tribunal has passed a judgment or
order beyond its jurisdiction or in violation of the principles of natural justice.
• Example: If a tribunal passes an order without giving the affected party a fair
hearing, a writ of certiorari can be issued to quash the order and review the case.

5. Quo Warranto

• Meaning: "By what authority."

• Purpose: To challenge the legality of a person's claim to a public office.
• Application: It is issued to prevent a person from holding a public office to which
they are not legally entitled.
• Example: If a person is appointed to a public office without meeting the necessary
qualifications or following the due process, a writ of quo warranto can be issued to
challenge the person's right to hold that office.

• Public Interest Litigation (PIL):

o The judiciary entertains PILs to address issues of public concern and protect the
rights of disadvantaged groups.

4. Judicial Review

• Constitutional Validity:
o The judiciary has the power to review and invalidate laws, ordinances, and
executive orders that violate the Constitution (judicial review).
• Checks and Balances:
o Through judicial review, the judiciary acts as a check on the powers of the
executive and legislature, ensuring they act within their constitutional limits.

5. Guardian of the Constitution

• Role:
o The judiciary safeguards the Constitution and ensures its supremacy by
interpreting its provisions and resolving constitutional disputes.

6. Ensuring Rule of Law

• Legal Certainty:
o The judiciary ensures that laws are applied consistently and fairly, promoting
legal certainty and predictability.
• Equality Before Law:
o Upholds the principle that all individuals are equal before the law and are
entitled to equal protection of the laws (Article 14 of the Constitution).
7. Administrative Functions

• Court Administration:
o The judiciary oversees the administration of the court system, ensuring efficient
and effective functioning.
• Appointments and Transfers:
o The judiciary plays a role in the appointment, transfer, and removal of judges
(through the collegium system for higher judiciary).

8. Advisory Role

• Advisory Opinions:
o The Supreme Court can provide advisory opinions to the President on legal
matters, although such opinions are not binding.

Examples of Judicial Functions and Decisions

1. Landmark Judgments:
o Kesavananda Bharati Case (1973): The Supreme Court ruled that the basic
structure of the Constitution cannot be altered by amendments, establishing the
doctrine of the basic structure.
o Maneka Gandhi v. Union of India (1978): The Supreme Court expanded the
interpretation of the right to life and personal liberty under Article 21,
emphasizing that any procedure depriving a person of these rights must be fair,
just, and reasonable.
2. Protection of Fundamental Rights:
o Shayara Bano v. Union of India (2017): The Supreme Court declared the
practice of instant triple talaq (talaq-e-biddat) unconstitutional, protecting the
rights of Muslim women.
3. Public Interest Litigation (PIL):
o M.C. Mehta v. Union of India (1987): The Supreme Court issued directions
for controlling pollution in the Ganga River, illustrating the use of PIL for
environmental protection.

Powers of the central government of India

§ The central government has the power to do the decision-making for the state in matters
related to national security (Articles 352 to 360).
§ States must exercise their executive power in abidance with the laws made by the
Central government (Article 356).
§ No state government can impede the executive power of the Central government within
the states (Article 357).
§ It has the power to declare war, raise, and maintain the armed forces.
§ The Central Government regulates trade and trade affairs between states and foreign
trade.
§ The Central Government of India possesses special powers to reduce oppression and
mismanagement in a company (under Sec. 408 of the Companies Act, 1956).
§ It can also conduct diplomacy and authorise treaties with foreign countries.
The Central Government has the power to take all measures as it seems necessary for the
purpose of protecting and improving the quality of the environment and preventing and
controlling pollution (1986 Environment Protection Act, etc.

Part V of the Indian Constitution: The Union (Articles 52-151)

Chapter I: The Executive

• Article 52: The President of India

• Article 53: Executive power of the Union
• Article 54: Election of President
• Article 55: Manner of election of President
• Article 56: Term of office of President
• Article 57: Eligibility for re-election
• Article 58: Qualifications for election as President
• Article 59: Conditions of President's office
• Article 60: Oath or affirmation by the President
• Article 61: Procedure for impeachment of the President
• Article 62: Time of holding election to fill vacancy in the office of President and the
term of office of person elected to fill casual vacancy
• Article 63: The Vice-President of India
• Article 64: The Vice-President to be ex officio Chairman of the Council of States
• Article 65: The Vice-President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence, of President
• Article 66: Election of Vice-President
• Article 67: Term of office of Vice-President
• Article 68: Time of holding election to fill vacancy in the office of Vice-President and
the term of office of person elected to fill casual vacancy
• Article 69: Oath or affirmation by the Vice-President
• Article 70: Discharge of President's functions in other contingencies
• Article 71: Matters relating to, or connected with, the election of a President or Vice-
President
• Article 72: Power of President to grant pardons, etc., and to suspend, remit, or commute
sentences in certain cases
• Article 73: Extent of executive power of the Union
• Article 74: Council of Ministers to aid and advise President
• Article 75: Other provisions as to Ministers
• Article 76: Attorney-General for India
• Article 77: Conduct of business of the Government of India
• Article 78: Duties of Prime Minister as respects the furnishing of information to the
President, etc.

Chapter II: Parliament

• Article 79: Constitution of Parliament

• Article 80: Composition of the Council of States
• Article 81: Composition of the House of the People
• Article 82: Readjustment after each census
• Article 83: Duration of Houses of Parliament
• Article 84: Qualification for membership of Parliament
• Article 85: Sessions of Parliament, prorogation, and dissolution
• Article 86: Right of President to address and send messages to Houses
• Article 87: Special address by the President
• Article 88: Rights of Ministers and Attorney-General as respects Houses
• Article 89: The Chairman and Deputy Chairman of the Council of States
• Article 90: Vacation and resignation of, and removal from, the office of Deputy
Chairman
• Article 91: Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman
• Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for
his removal from office is under consideration
• Article 93: The Speaker and Deputy Speaker of the House of the People
• Article 94: Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker
• Article 95: Power of the Deputy Speaker or other person to perform the duties of the
office of, or to act as, Speaker
• Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration
• Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker
• Article 98: Secretariat of Parliament
• Article 99: Oath or affirmation by members
• Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and
quorum
• Article 101: Vacation of seats
• Article 102: Disqualifications for membership
• Article 103: Decision on questions as to disqualifications of members
• Article 104: Penalty for sitting and voting before making oath or affirmation or when
not qualified or when disqualified
• Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members
and committees thereof
• Article 106: Salaries and allowances of members
• Article 107: Provisions as to introduction and passing of Bills
• Article 108: Joint sitting of both Houses in certain cases
• Article 109: Special procedure in respect of Money Bills
• Article 110: Definition of "Money Bills"
• Article 111: Assent to Bills
• Article 112: Annual financial statement
• Article 113: Procedure in Parliament with respect to estimates
• Article 114: Appropriation Bills
• Article 115: Supplementary, additional or excess grants
• Article 116: Votes on account, votes of credit and exceptional grants
• Article 117: Special provisions as to financial Bills
• Article 118: Rules of procedure
• Article 119: Regulation by law of procedure in Parliament in relation to financial
business
• Article 120: Language to be used in Parliament
• Article 121: Restriction on discussion in Parliament
• Article 122: Courts not to inquire into proceedings of Parliament
Chapter III: Legislative Powers of the President

• Article 123: Power of President to promulgate Ordinances during recess of Parliament

Chapter IV: The Union Judiciary

• Article 124: Establishment and constitution of Supreme Court

• Article 125: Salaries, etc., of Judges
• Article 126: Appointment of acting Chief Justice
• Article 127: Appointment of ad hoc Judges
• Article 128: Attendance of retired Judges at sittings of the Supreme Court
• Article 129: Supreme Court to be a court of record
• Article 130: Seat of Supreme Court
• Article 131: Original jurisdiction of the Supreme Court
• Article 131A: [Repealed]
• Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases
• Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in
regard to civil matters
• Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters
• Article 134A: Certificate for appeal to the Supreme Court
• Article 135: Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court
• Article 136: Special leave to appeal by the Supreme Court
• Article 137: Review of judgments or orders by the Supreme Court
• Article 138: Enlargement of the jurisdiction of the Supreme Court
• Article 139: Conferment on the Supreme Court of powers to issue certain writs
• Article 139A: Transfer of certain cases
• Article 140: Ancillary powers of Supreme Court
• Article 141: Law declared by Supreme Court to be binding on all courts
• Article 142: Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
• Article 143: Power of President to consult Supreme Court
• Article 144: Civil and judicial authorities to act in aid of the Supreme Court
• Article 144A: [Repealed]
• Article 145: Rules of court, etc.
• Article 146: Officers and servants and the expenses of the Supreme Court
• Article 147: Interpretation

Chapter V: Comptroller and Auditor-General of India

• Article 148: Comptroller and Auditor-General of India

• Article 149: Duties and powers of the Comptroller and Auditor-General
• Article 150: Form of accounts of the Union and of the States
• Article 151: Audit reports
Significance of Part V:

1. Foundation of Governance:
o Part V provides the constitutional framework for the functioning of the Union
Government, ensuring a clear separation of powers among the executive,
legislature, and judiciary.
2. Checks and Balances:
o It establishes mechanisms for checks and balances to prevent any single branch
of government from becoming too powerful, thereby protecting democratic
governance.
3. Accountability and Transparency:
o By detailing the powers, functions, and responsibilities of key officials and
institutions, Part V ensures accountability and transparency in the functioning
of the government.
4. Comprehensive Governance:
o It encompasses the entire spectrum of the Union Government’s functions, from
legislative processes and executive duties to judicial independence and financial
accountability.

Conclusion:

Part V of the Indian Constitution is integral to the governance of India, setting out the structure
and functions of the Union Government. Through its detailed provisions, it ensures a robust,
accountable, and efficient system of governance, upholding the principles of democracy and
the rule of law.
 o The Basic structure of a state government in India

Part VI of the Indian Constitution: The States (Articles 152-237)

Chapter I: General

• Article 152: Definition

Chapter II: The Executive

• Article 153: Governors of States

• Article 154: Executive power of State
• Article 155: Appointment of Governor
• Article 156: Term of office of Governor
• Article 157: Qualifications for appointment as Governor
• Article 158: Conditions of Governor's office
• Article 159: Oath or affirmation by the Governor
• Article 160: Discharge of the functions of the Governor in certain contingencies
• Article 161: Power of Governor to grant pardons, etc., and to suspend, remit, or
commute sentences in certain cases
• Article 162: Extent of executive power of State
• Article 163: Council of Ministers to aid and advise Governor
• Article 164: Other provisions as to Ministers
• Article 165: Advocate General for the State
• Article 166: Conduct of business of the Government of a State
• Article 167: Duties of Chief Minister as respects the furnishing of information to
Governor, etc.

Chapter III: The State Legislature

• Article 168: Constitution of Legislatures in States

• Article 169: Abolition or creation of Legislative Councils in States
• Article 170: Composition of the Legislative Assemblies
• Article 171: Composition of the Legislative Councils
• Article 172: Duration of State Legislatures
• Article 173: Qualification for membership of the State Legislature
• Article 174: Sessions of the State Legislature, prorogation, and dissolution
• Article 175: Right of Governor to address and send messages to the House or Houses
• Article 176: Special address by the Governor
• Article 177: Rights of Ministers and Advocate-General as respects the Houses
• Article 178: The Speaker and Deputy Speaker of the Legislative Assembly
• Article 179: Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker
• Article 180: Power of the Deputy Speaker or other person to perform the duties of the
office of, or to act as, Speaker
• Article 181: Speaker or Deputy Speaker not to preside while a resolution for his
removal from office is under consideration
• Article 182: The Chairman and Deputy Chairman of the Legislative Council
• Article 183: Vacation and resignation of, and removal from, the offices of Chairman
and Deputy Chairman
 • Article 184: Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman
• Article 185: Chairman or Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
• Article 186: Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman
• Article 187: Secretariat of State Legislature
• Article 188: Oath or affirmation by members
• Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies, and
quorum
• Article 190: Vacation of seats
• Article 191: Disqualifications for membership
• Article 192: Decision on questions as to disqualifications of members
• Article 193: Penalty for sitting and voting before making oath or affirmation or when
not qualified or when disqualified
• Article 194: Powers, privileges, and immunities of State Legislatures and their
members
• Article 195: Salaries and allowances of members
• Article 196: Provisions as to introduction and passing of Bills
• Article 197: Restriction on powers of Legislative Council as to Bills other than Money
Bills
• Article 198: Special procedure in respect of Money Bills
• Article 199: Definition of “Money Bills”
• Article 200: Assent to Bills
• Article 201: Bills reserved for consideration
• Article 202: Annual financial statement
• Article 203: Procedure in Legislature with respect to estimates
• Article 204: Appropriation Bills
• Article 205: Supplementary, additional, or excess grants
• Article 206: Votes on account, votes of credit, and exceptional grants
• Article 207: Special provisions as to financial Bills
• Article 208: Rules of procedure
• Article 209: Regulation by law of procedure in the Legislature of the State in relation
to financial business
• Article 210: Language to be used in the Legislature
• Article 211: Restriction on discussion in the Legislature
• Article 212: Courts not to inquire into proceedings of the Legislature

Chapter IV: The High Courts in the States

• Article 214: High Courts for States

• Article 215: High Courts to be courts of record
• Article 216: Constitution of High Courts
• Article 217: Appointment and conditions of the office of a Judge of a High Court
• Article 218: Application of certain provisions relating to Supreme Court to High Courts
• Article 219: Oath or affirmation by Judges of High Courts
• Article 220: Restriction on practice after being a permanent Judge
• Article 221: Salaries, etc., of Judges
• Article 222: Transfer of a Judge from one High Court to another
• Article 223: Appointment of acting Chief Justice
 • Article 224: Appointment of additional and acting Judges
• Article 224A: Appointment of retired Judges at sittings of High Courts
• Article 225: Jurisdiction of existing High Courts
• Article 226: Power of High Courts to issue certain writs
• Article 227: Power of superintendence over all courts by the High Court
• Article 228: Transfer of certain cases to High Court
• Article 228A: [Repealed]
• Article 229: Officers and servants and the expenses of High Courts
• Article 230: Extension of jurisdiction of High Courts to Union territories
• Article 231: Establishment of a common High Court for two or more States

Chapter V: Subordinate Courts

• Article 233: Appointment of district judges

• Article 233A: Validation of appointments of, and judgments, etc., delivered by, certain
district judges
• Article 234: Recruitment of persons other than district judges to the judicial service
• Article 235: Control over subordinate courts
• Article 236: Interpretation
• Article 237: Application of the provisions of this Chapter to certain class or classes of
magistrates

The basic structure of the state government in India mirrors that of the central government,
ensuring a coherent and balanced distribution of powers. Here is an outline of the fundamental
components of a state government:

1. Executive

Governor

• Role: The ceremonial head of the state.

• Appointment: Appointed by the President of India.
• Functions:
o Summons, prorogues, and dissolves the state legislature.
o Appoints the Chief Minister and, on the advice of the Chief Minister, other
ministers.
o Has discretionary powers in certain situations, like reserving bills for the
President’s consideration.
o Acts as the Chancellor of state universities.

Chief Minister

• Role: The real executive head of the state.

• Appointment: Appointed by the Governor. Usually, the leader of the majority party in
the Legislative Assembly.
• Functions:
o Heads the Council of Ministers.
o Advises the Governor on the appointment of other ministers.
o Responsible for the administration of the state and policy implementation.
o Represents the state in the federal setup.
Council of Ministers

• Composition: Includes Cabinet Ministers, Ministers of State, and Deputy Ministers.

• Functions:
o Formulates and implements state policies.
o Administers various state departments.
o Collectively responsible to the Legislative Assembly.

2. Legislature

Legislative Assembly (Vidhan Sabha) Art 170

• Role: The lower house of the state legislature.

• Composition: Members (MLAs) are directly elected by the people.
• Tenure: Typically five years unless dissolved sooner.
• Functions:
o Enacts laws on subjects in the State List and Concurrent List.
o Controls state finances and passes the budget.
o Holds the executive accountable through debates, questions, and motions.

Legislative Council (Vidhan Parishad) Art 171

• Role: The upper house of the state legislature (exists only in some states).
• Composition: Members (MLCs) are elected by various constituencies or nominated by
the Governor.
• Tenure: Permanent body with one-third of members retiring every two years.
• Functions:
o Reviews and suggests amendments to legislation passed by the Legislative
Assembly.
o Cannot indefinitely reject bills, particularly money bills.

The Legislative Council (Vidhan Parishad) and Legislative Assembly (Vidhan Sabha) are two
components of the state legislature in Indian states that have a bicameral system. Here are the
key differences between them:

Legislative Assembly (Vidhan Sabha)

1. Composition:
o The Legislative Assembly is the lower house of the state legislature.
o Members of the Legislative Assembly (MLAs) are directly elected by the people
of the state through state elections.
o The number of members varies from state to state based on population, with a
minimum of 60 and a maximum of 500 members.
2. Tenure:
o The tenure of the Legislative Assembly is typically five years, unless dissolved
sooner.
o In case of a proclamation of emergency, the term can be extended by one year
at a time by the Parliament.
3. Powers and Functions:
 o The Legislative Assembly has significant legislative powers, including the
ability to make laws on subjects listed in the State List and Concurrent List.
o It has financial control and plays a key role in the budget process. Money bills
can only be introduced in the Legislative Assembly.
o The Assembly exercises control over the executive by questioning ministers,
discussing policies, and passing motions of no confidence.
o The Assembly can pass a vote of no confidence against the Council of Ministers,
which can lead to the resignation of the Chief Minister and the dissolution of
the government.
4. Leadership:
o The Speaker is the presiding officer of the Legislative Assembly, elected by its
members.
o The Leader of the House is usually the Chief Minister, while the Leader of the
Opposition is the head of the largest non-governing party.

Legislative Council (Vidhan Parishad)

1. Composition:
o The Legislative Council is the upper house of the state legislature and is present
only in some states (e.g., Bihar, Karnataka, Maharashtra, Uttar Pradesh).
o Members of the Legislative Council (MLCs) are not directly elected by the
people but are elected by various constituencies, including:
§ One-third by the members of the Legislative Assembly.
§ One-third by graduates of three years standing and residing in the state.
§ One-third by teachers who have been teaching for at least three years in
the state.
§ One-sixth are nominated by the Governor for their contributions to
literature, science, art, cooperative movement, and social service.
o The size of the Council cannot be more than one-third of the total membership
of the Legislative Assembly but cannot be less than 40 members.
2. Tenure:
o The Legislative Council is a permanent body and is not subject to dissolution.
o One-third of its members retire every two years and are replaced by new
members, ensuring continuity.
3. Powers and Functions:
o The Legislative Council has less legislative power compared to the Legislative
Assembly. It can review, suggest amendments, and delay legislation but cannot
reject bills indefinitely.
o Money bills cannot be introduced in the Council. Once the Assembly passes a
money bill, the Council can only suggest amendments within 14 days, which
the Assembly may accept or reject.
o The Council serves as a revising chamber, providing expertise and experience
in the legislative process.
4. Leadership:
o The Chairman is the presiding officer of the Legislative Council, elected by its
members.
o The Deputy Chairman assists the Chairman and presides in their absence.
Key Differences Summary:

• Composition: MLAs in the Legislative Assembly are directly elected, whereas MLCs
in the Legislative Council are elected by various constituencies or nominated.
• Tenure: The Assembly has a fixed term of five years, while the Council is a permanent
body with one-third of members retiring every two years.
• Legislative Powers: The Assembly has greater legislative and financial powers,
including the ability to introduce money bills. The Council mainly reviews and suggests
amendments.
• Control over Executive: The Assembly can pass a vote of no confidence against the
government, but the Council does not have this power.

These differences ensure a balance of power and representation within the state legislature,
with the Assembly being the primary legislative body and the Council providing additional
oversight and expertise.

3. Judiciary

High Court

• Role: The highest judicial authority in the state.

• Composition: Chief Justice and other judges appointed by the President of India.
• Jurisdiction:
o Original jurisdiction in civil and criminal cases.
o Appellate jurisdiction over lower courts.
o Supervisory jurisdiction over all courts and tribunals within the state.
o Constitutional jurisdiction to ensure laws comply with the Constitution of India.

Key Points of State Government Structure

• Executive: Headed by the Governor (ceremonial) and the Chief Minister (real
executive), supported by the Council of Ministers.
• Legislature: Consists of the Legislative Assembly (lower house, mandatory) and the
Legislative Council (upper house, optional).
• Judiciary: Led by the High Court, which oversees the judicial administration of the
state.

This structure ensures a clear division of powers and responsibilities, facilitating efficient
governance at the state level while maintaining alignment with the central government’s
overarching framework.
Appointment of President, Vice President, and Governors in the Indian Constitution

President of India

Constitutional Provisions:

• Article 52: There shall be a President of India.

• Article 54: Election of President.
• Article 55: Manner of election of President.
• Article 56: Term of office of President.
• Article 57: Eligibility for re-election.
• Article 58: Qualifications for election as President.

Process of Appointment:

• Electoral College: The President is elected by an electoral college consisting of:

o The elected members of both Houses of Parliament.
o The elected members of the Legislative Assemblies of the States.
o The elected members of the Legislative Assemblies of Union territories of Delhi
and Puducherry.
• Manner of Election:
o The election is held by means of a single transferable vote system and by secret
ballot.
o The value of the vote of each MLA and MP is calculated based on the population
of the respective states and the total number of elected members of Parliament.
• Term:
o The President holds office for a term of five years from the date on which they
enter office.
o The President can be re-elected and is eligible for re-election any number of
times.
• Qualifications:
o Must be a citizen of India.
o Must be at least 35 years of age.
o Must be qualified for election as a member of the Lok Sabha.
o Must not hold any office of profit under the Government of India or the
Government of any state or under any local or other authority subject to the
control of any of the said Governments.

Article 52: The President of India

• Provision: This article states that there shall be a President of India.

• Significance: It establishes the office of the President as the head of the state.

Article 53: Executive Power of the Union

• Clause (1):
o Provision: The executive power of the Union shall be vested in the President
and shall be exercised by him either directly or through officers subordinate to
him in accordance with this Constitution.
 o Significance: This clause makes the President the chief executive authority,
who exercises power either personally or through subordinate officers, in line
with constitutional provisions.
• Clause (2):
o Provision: Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union shall be vested in the
President and the exercise thereof shall be regulated by law.
o Significance: This clause designates the President as the Supreme Commander
of the Indian Armed Forces, although the operational command is regulated by
law.
• Clause (3):
o Sub-clause (a):
§ Provision: Nothing in this article shall be deemed to transfer to the
President any functions conferred by any existing law on the
Government of any State or other authority.
§ Significance: This ensures that the President does not usurp functions
assigned to the state governments or other authorities by existing laws.
o Sub-clause (b):
§ Provision: Nothing in this article shall prevent Parliament from
conferring by law functions on authorities other than the President.
§ Significance: This allows Parliament to delegate functions to
authorities other than the President if deemed necessary.

Article 54: Election of President

• Provision: The President shall be elected by the members of an electoral college

consisting of:
o (a) the elected members of both Houses of Parliament; and
o (b) the elected members of the Legislative Assemblies of the States.
• Significance: This article outlines the composition of the electoral college responsible
for electing the President. It includes elected members of both the Lok Sabha (House
of the People) and the Rajya Sabha (Council of States), as well as the elected members
of the State Legislative Assemblies. This ensures a broad representation from both the
central and state legislatures in the election of the President.

Example: Election Process for the President

Example Scenario:

• Suppose the term of the current President is ending, and a new election is scheduled.
• The electoral college, consisting of elected members of Parliament and State
Legislative Assemblies, participates in the voting process.
• Each member casts a vote, and the votes are counted following a specified value
assigned to each vote, ensuring proportional representation.
• The candidate who secures more than 50% of the total value of votes is declared elected
as the new President of India.

This structured electoral process ensures that the President is elected through a representative
and balanced approach, reflecting the federal structure of India's political system.
Article 55: Manner of Election of President

Clause (1)

• Provision: As far as practicable, there shall be uniformity in the scale of representation

of the different States at the election of the President.
• Significance: Ensures that states are fairly represented in the election of the President,
maintaining a balance between states with large and small populations.

Clause (2)

• Purpose: Secures uniformity among states and parity between states and the Union in
the number of votes each member can cast.
• Details:
o Sub-clause (a):
§ Provision: Every elected member of the Legislative Assembly of a state
shall have as many votes as there are multiples of one thousand in the
quotient obtained by dividing the population of the state by the total
number of elected members of the Assembly.
§ Example: If a state has a population of 2 crore and 200 elected members
in the Legislative Assembly, each member would have 100 votes
(2,00,00,000 / 200 = 1,00,000; multiples of 1,000 = 100).
o Sub-clause (b):
§ Provision: If the remainder after dividing the population by the number
of elected members is not less than 500, each member's vote count is
increased by one.
§ Example: If the remainder is 750, each member gets an additional vote.
o Sub-clause (c):
§ Provision: Each elected member of either House of Parliament shall
have votes calculated by dividing the total votes assigned to state
assembly members by the total number of elected members of both
Houses of Parliament. Fractions exceeding one-half are counted as one,
others disregarded.
§ Example: If the total votes from state assemblies is 5,00,000 and the
total number of elected Parliament members is 500, each Parliament
member would have 1,000 votes (500,000 / 500 = 1,000).

Clause (3)

• Provision: The election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the voting at
such election shall be by secret ballot.
• Significance: Ensures a fair and representative election process where the President is
elected by a method that reflects the preferences of the electors.

Explanation

• Provision: The term "population" refers to the population ascertained at the last
preceding census of which the relevant figures have been published.
 o Proviso: Until the figures for the first census after 2026 are published, the 1971
census figures will be used.
• Significance: Provides a clear basis for calculating representation, ensuring
consistency and fairness.

Example of the Election Process

1. Calculation of Votes for State Assembly Members:

o State A has a population of 3 crore and 300 elected members in the Legislative
Assembly.
o Votes per member = 3,00,00,000 / 300 = 1,00,000; multiples of 1,000 = 100
votes per member.
2. Adjustment for Remainder:
o If remainder = 600, each member gets an additional vote = 101 votes per
member.
3. Calculation of Votes for Parliament Members:
o Total votes assigned to state assemblies = 6,00,000.
o Total elected members of Parliament = 600.
o Votes per Parliament member = 6,00,000 / 600 = 1,000 votes.
4. Election Process:
o Voting is by proportional representation with a single transferable vote.
o Votes are cast by secret ballot.
o If a candidate does not secure the necessary quota, the candidate with the least
votes is eliminated, and votes are transferred based on second preferences,
continuing until a candidate secures the required majority.

This comprehensive process ensures the election of the President is fair, representative, and
adheres to the constitutional provisions.

How Single Transferable Vote (STV) Works

1. Ranking Candidates:
o Voters rank candidates in order of preference on their ballot paper (1st
preference, 2nd preference, etc.).
2. Quota Calculation:
o A quota is calculated to determine the number of votes a candidate needs to be
elected. The most commonly used quota is the Droop quota, calculated as:

Quota=(Total valid votes / Number of seats+1)+1

o This ensures that only as many candidates as there are seats can reach the quota
and be elected.
3. First Preferences Count:
o All the first-preference votes are counted. Any candidate who reaches or
exceeds the quota with these votes is elected.
4. Transfer of Surplus Votes:
o If a candidate has more votes than the quota, their surplus votes are transferred
to other candidates based on the voters' next preferences. The surplus is
transferred at a fractional value to ensure proportional representation.
5. Elimination and Redistribution:
 o If no candidate reaches the quota after the first count and transfers, the candidate
with the fewest votes is eliminated. Their votes are redistributed to the
remaining candidates based on the next preferences indicated on the eliminated
candidate's ballots.
o This process of elimination and redistribution continues until all the seats are
filled.

Example of STV in Action

Let's consider an example where there are 3 seats to be filled and 100 valid votes cast.

Step-by-Step Process

1. Quota Calculation:
o Using the Droop quota:

Quota=(100 / 3+1)+1=25+1=26

o Candidates need 26 votes to be elected.

2. First Preferences Count:
o Candidate A: 40 votes
o Candidate B: 30 votes
o Candidate C: 20 votes
o Candidate D: 10 votes

Candidates A and B exceed the quota and are elected.

3. Transfer of Surplus Votes:

o Candidate A has a surplus of 40−26=14 votes.
o These surplus votes are transferred to the remaining candidates based on the
next preferences on those ballots. Assume the next preferences distribute 8 votes
to Candidate C and 6 votes to Candidate D.
o New vote counts:
§ Candidate C: 20+8=28
§ Candidate D: 10+6=16

Why 8 Votes for C and 6 Votes for D?

• This allocation is determined by the actual number of ballots that have each candidate
listed as the next preferred choice after Candidate A.
• If more voters marked Candidate C as their next choice, Candidate C would receive a
larger portion of the surplus votes.

Candidate C now exceeds the quota and is elected.

4. Final Result:
o Candidate A, B, and C are elected to the three available seats.
Benefits of STV

Here are the key reasons why STV is used:

1. Proportional Representation:

• Better Representation: STV allows for proportional representation, meaning that the
number of seats won by a party or group of candidates is proportional to the number of
votes they receive. This ensures that minority groups have a better chance of being
represented.
• Diverse Representation: It allows multiple candidates to be elected in multi-member
constituencies, reflecting the diversity of opinions among voters.

2. Minimizing Wasted Votes:

• Effective Use of Votes: STV reduces the number of wasted votes (votes that do not
contribute to the election of any candidate). Voters’ preferences are transferred to other
candidates if their top choice is either already elected with surplus votes or eliminated,
making every vote count.

3. Voter Choice and Flexibility:

• Ranking Candidates: Voters can rank candidates in order of preference, allowing them
to express a nuanced view rather than a simple binary choice. This means voters are not
forced to choose between two main candidates if they prefer someone else.
• Independent Candidates: STV allows independent candidates to compete more
effectively, as they can win based on a broad range of second or third preferences even
if they are not a voter’s first choice.

4. Encourages Moderate Politics:

• Broad Appeal: Since candidates need to attract not just first-preference votes but also
second and third preferences, they are incentivized to appeal to a broader spectrum of
voters, which can lead to more moderate and less polarizing politics.

5. Reduces Strategic Voting:

• Voter Integrity: Voters can vote sincerely for their preferred candidate without fear
that they are "wasting" their vote or inadvertently helping elect a less favored candidate.
The transfer of votes ensures that if their preferred candidate doesn’t have enough
support, their vote can still help elect their next preferred candidate.

6. Electing Multiple Representatives:

• Multi-Member Constituencies: STV is particularly useful in elections where multiple

representatives are elected from a single constituency, such as in Rajya Sabha elections
in India or city councils. It ensures that the elected representatives more accurately
reflect the preferences of the electorate.

7. Promotes Accountability:
 • Direct Link: STV allows voters to have a direct link to their representatives, who are
more accountable to the electorate because they are elected based on their ability to
garner broad support.

Application in India

In India, the STV system is used for elections to the Rajya Sabha (Council of States) and for
the election of the President and Vice President.

Example: Election of Rajya Sabha Members

• Members of State Legislative Assemblies (MLAs) rank candidates in order of

preference.
• The votes are counted and candidates are elected based on reaching the quota through
the process of transferring surplus votes and eliminating candidates with the fewest
votes.

The STV system helps in achieving a representative and fair election process by ensuring that
votes contribute to the election of preferred candidates as effectively as possible.

Article 56: Term of Office of President

1. Five-Year Term:
o The President holds office for a term of five years from the date of entering
office.
2. Resignation, Removal, and Continuation:
o The President can resign by writing to the Vice-President.
o The President can be removed from office for violation of the Constitution by
impeachment (as per Article 61).
o The President continues to hold office until a successor assumes the position.
3. Communication of Resignation:
o Any resignation must be communicated by the Vice-President to the Speaker of
the Lok Sabha (House of the People).

Article 57: Eligibility for Re-election

• A person who holds, or has held, the office of President is eligible for re-election,
subject to other constitutional provisions.

Article 58: Qualifications for Election as President

1. Eligibility Criteria:
o Must be a citizen of India.
o Must be at least 35 years old.
o Must be qualified for election as a member of the Lok Sabha.
2. Disqualifications:
o A person holding any office of profit under the Government of India, State
government, or any local or other authority under government control is not
eligible, except for the President, Vice-President, Governor, or a Minister at
Union or State level.
Article 59: Conditions of President's Office

1. Non-membership:
o The President cannot be a member of either House of Parliament or any State
Legislature, and if elected, must vacate any such seat.
2. No Other Office of Profit:
o The President cannot hold any other office of profit.
3. Residence and Allowances:
o The President is entitled to official residences, emoluments, allowances, and
privileges as determined by Parliament.
4. Protection of Emoluments:
o Emoluments and allowances cannot be diminished during the President's term.

Article 60: Oath or Affirmation by the President

• The President must make and subscribe an oath or affirmation to faithfully execute the
office, preserve, protect, and defend the Constitution, and dedicate to the service and
well-being of the people of India. This oath is made in the presence of the Chief Justice
of India or the senior-most Judge of the Supreme Court available.

Article 61: Procedure for Impeachment of the President

1. Initiation of Impeachment:
o Impeachment charges for violation of the Constitution can be preferred by either
House of Parliament.
2. Notice and Resolution:
o A resolution proposing the charge requires at least fourteen days' notice, signed
by at least one-fourth of the total members of the House, and must be passed by
a two-thirds majority.
3. Investigation and Right to Representation:
o The other House investigates the charge, allowing the President to appear and
be represented.
4. Removal from Office:
o If the investigating House passes a resolution by a two-thirds majority, the
President is removed from office.

Article 62: Time of Holding Election to Fill Vacancy in the Office of President

1. Regular Election:
o An election to fill a vacancy caused by the expiration of the President's term
must be completed before the term ends.
2. Casual Vacancy:
o An election to fill a vacancy due to death, resignation, removal, or otherwise
must be held within six months. The new President holds office for a full five-
year term from the date of entering office.

Vice President of India

Constitutional Provisions:
 • Article 63: There shall be a Vice President of India.
• Article 64: The Vice President to be ex officio Chairman of the Council of States.
• Article 65: The Vice President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence, of the President.
• Article 66: Election of Vice President.
• Article 67: Term of office of Vice President.
• Article 68: Time of holding election to fill a vacancy in the office of Vice President
and the term of office of person elected to fill a casual vacancy.
• Article 69: Oath or affirmation by the Vice President.
• Article 70: Discharge of President’s functions in other contingencies.
• Article 71: Matters relating to, or connected with, the election of a President or Vice
President.

Process of Appointment:

• Electoral College: The Vice President is elected by an electoral college consisting of

the members of both Houses of Parliament.
• Manner of Election:
o The election is held by means of a single transferable vote system and by secret
ballot.
• Term:
o The Vice President holds office for a term of five years from the date on which
they enter office.
o The Vice President can be re-elected and is eligible for re-election any number
of times.
• Qualifications:
o Must be a citizen of India.
o Must be at least 35 years of age.
o Must be qualified for election as a member of the Rajya Sabha.
o Must not hold any office of profit under the Government of India or the
Government of any state or under any local or other authority subject to the
control of any of the said Governments.

Article 63: The Vice-President of India

This article establishes the position of the Vice-President of India.

• Key Point: There shall be a Vice-President of India.

• Role: The Vice-President serves as the second-highest constitutional office in India,
just below the President.

Article 64: The Vice-President to be ex officio Chairman of the Council of States (Rajya
Sabha)

This article details the dual role of the Vice-President.

• Key Point: The Vice-President is the ex officio Chairman of the Rajya Sabha (Council
of States).
• Ex Officio Role: Being "ex officio" means that by virtue of holding the office of Vice-
President, the individual automatically serves as the Chairman of the Rajya Sabha.
 • Restriction: The Vice-President shall not hold any other office of profit.

Provision to Article 64

This proviso addresses the situation when the Vice-President has to act as the President.

• Acting as President: When the Vice-President acts as President or discharges the

functions of the President under Article 65 (in case of the President's death, resignation,
removal, or otherwise unable to perform their duties), the Vice-President:
o Does not perform the duties of the Chairman of the Rajya Sabha: During
this period, the Vice-President does not function as the Chairman of the Rajya
Sabha.
o No Entitlement to Chairman's Salary or Allowance: The Vice-President is
not entitled to receive the salary or allowances payable to the Chairman of the
Rajya Sabha as specified under Article 97. Instead, they would receive the
salary and allowances of the President.

Article 65: The Vice-President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence, of President

This article outlines the procedures and responsibilities of the Vice-President when the
President's office is vacant or the President is unable to perform their duties.

Provisions:

1. Acting as President during a Vacancy (Clause 1):

o Situations Covered: This applies when there is a vacancy in the office of the
President due to:
§ Death
§ Resignation
§ Removal from office
§ Any other reason
o Role of Vice-President: The Vice-President shall act as President from the date
of the vacancy until a new President is elected and assumes office.
2. Discharging Functions during Temporary Absence (Clause 2):
o Situations Covered: This applies when the President is unable to discharge
their functions due to:
§ Absence
§ Illness
§ Any other cause
o Role of Vice-President: The Vice-President shall discharge the President's
functions until the President is able to resume their duties.
3. Powers, Immunities, and Privileges (Clause 3):
o Powers and Immunities: While acting as or discharging the functions of the
President, the Vice-President shall have all the powers and immunities of the
President.
o Emoluments, Allowances, and Privileges: During this period, the Vice-
President is entitled to the President’s emoluments, allowances, and privileges
as determined by Parliament. Until such a law is made, these are specified in
the Second Schedule of the Constitution.
Article 66 - election of the Vice-President of India.

Clause (1): Electoral College and Voting Process

• Electoral College: The Vice-President is elected by an electoral college consisting of

the members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
• Voting System: The election is conducted using the system of proportional
representation by means of a single transferable vote, and the voting is by secret ballot.
This means that each member of the electoral college ranks the candidates in order of
preference. The candidate who achieves the required quota of votes through this ranking
system is elected.

Clause (2): Conditions Regarding Membership of Parliament

• Non-Membership: The Vice-President cannot be a member of either House of

Parliament or any State Legislature. If a sitting member of any of these legislative
bodies is elected as Vice-President, they must vacate their seat in the legislature upon
assuming office.

Clause (3): Eligibility Criteria for Vice-President

• Citizenship: The candidate must be a citizen of India.

• Age Requirement: The candidate must be at least 35 years old.
• Qualifications: The candidate must be eligible for election as a member of the Rajya
Sabha (Council of States). This typically involves meeting certain criteria related to
citizenship, age, and residency.

Clause (4): Disqualification Due to Holding an Office of Profit

• Office of Profit: A person is disqualified from being elected as Vice-President if they

hold any office of profit under the Government of India, any State Government, or any
local or other authority subject to the control of these governments.
• Exemptions: Certain offices, such as the President, Vice-President, Governor, or
Minister for the Union or a State, are not considered as offices of profit for this purpose,
meaning holding these positions does not disqualify a candidate from being elected as
Vice-President.

Explanation

The explanation clarifies that certain positions, like being the President, Vice-President,
Governor, or a Minister, do not count as holding an office of profit. Therefore, a person holding
these positions is still eligible to be elected as Vice-President.
Article 67 - term of office of Vice-President of India

Term of Office

• The Vice-President holds office for a term of five years from the date on which he
enters upon his office.

Provisions for Resignation and Removal

• Resignation: The Vice-President may resign from office at any time by submitting a
resignation letter to the President of India. The resignation must be in writing and signed
by the Vice-President.
• Removal: The Vice-President can be removed from office by a resolution of the Rajya
Sabha (Council of States) passed by a majority of all the then members of the Rajya
Sabha and agreed to by the Lok Sabha (House of the People). However, the resolution
for removal can only be moved if at least fourteen days' notice has been given before
the resolution is moved.

Continuation in Office

• Even after the expiration of the Vice-President's five-year term, he shall continue to
hold office until his successor assumes the position. This ensures that there is no
vacancy in the office of the Vice-President.

Article 68 - Time of holding election to fill vacancy in the office of Vice- President and the
term of office of person elected to fill casual vacancy.

1. Election Before Term Expiration

• If the Vice-President's term is nearing its end, an election to fill the position must be
completed before the current term expires. This ensures a smooth transition and
prevents any vacancy in the office.

2. Election in Case of Casual Vacancy

• If a vacancy in the office of the Vice-President arises due to death, resignation,

removal, or any other reason, an election must be held as soon as possible after the
vacancy occurs.
• The individual elected to fill this vacancy will serve the full term of five years from the
date they assume office, regardless of the remaining duration of the previous Vice-
President's term.

Article 69. Oath or affirmation by the Vice-President.

1. Requirement of Oath or Affirmation

• Before the Vice-President can officially assume office, they must make and subscribe
to an oath or affirmation.

2. Who Administers the Oath

 • The oath or affirmation is administered by the President of India. If the President is
unable to do so, a person appointed by the President for this purpose can administer the
oath.

3. Content of the Oath or Affirmation

• The Vice-President swears or affirms to:

o Bear true faith and allegiance to the Constitution of India as established by
law.
o Faithfully discharge the duties of the office they are about to enter.

Article 70: Discharge of President's Functions in Other Contingencies

• This article allows Parliament to create rules for what should happen if an unexpected
situation arises where the President cannot perform their duties, and there is no specific
guideline already in place for that situation.

Article 71: Matters Related to the Election of the President and Vice-President

1. Disputes Resolution: If there are any issues or disputes about the election of the
President or Vice-President, the Supreme Court will resolve them, and its decision is
final.
2. Void Elections: If the Supreme Court cancels the election of a President or Vice-
President, any actions they took before the cancellation will still be valid.
3. Parliament's Role: Parliament can pass laws regarding the election process for the
President and Vice-President.
4. Electoral College Vacancies: The election cannot be challenged just because there are
vacancies in the electoral college (the group of people who vote for the President or
Vice-President).

Article 72: President's Power to Grant Pardons, etc.

• The President has the power to reduce or cancel punishments in certain cases:
o (a) Punishments given by a military court.
o (b) Punishments for breaking laws that fall under the Union government's
control.
o (c) Death sentences.

This power is important for showing mercy in special cases.

Article 73: Extent of Executive Power of the Union

• Scope of Union Power: The Union government's executive power covers:

o (a) Issues that Parliament can make laws about.
o (b) Rights and powers the government has under international treaties or
agreements.
• Union's Executive Power: The Union government's executive power includes
handling all matters that Parliament can make laws about, and managing any rights,
authority, or jurisdiction that India has through treaties or agreements.
 • State Matters: The Union's executive power generally does not extend to matters
where State Legislatures also have the power to make laws, unless the Constitution or
a law made by Parliament specifically allows it.
• State Continuation: Until Parliament decides otherwise, States and their officials can
continue to exercise executive power on matters where Parliament can also make laws,
just as they did before the Constitution came into effect.

However, this power does not extend to matters where both the Union and State
Legislatures can make laws, unless the Constitution or Parliament specifically says so.

• Continuation of State Power: Until Parliament decides otherwise, State governments

can continue to exercise certain powers that they had before the Constitution was
implemented, even if those matters are now under the Union government's control.

Governors of States

Constitutional Provisions:

• Article 153: Governors of States.

• Article 154: Executive power of State.
• Article 155: Appointment of Governor.
• Article 156: Term of office of Governor.
• Article 157: Qualifications for appointment as Governor.
• Article 158: Conditions of Governor’s office.
• Article 159: Oath or affirmation by the Governor.
• Article 160: Discharge of the functions of the Governor in certain contingencies.
• Article 161: Power of Governor to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.

Process of Appointment:

• Appointment:
o The Governor of a state is appointed by the President of India by warrant under
his hand and seal.
• Term:
o The Governor holds office during the pleasure of the President.
o The Governor’s term is usually five years, but they can be removed earlier by
the President or can resign by writing to the President.
• Qualifications:
o Must be a citizen of India.
o Must be at least 35 years of age.
o Should not hold any office of profit.
• Conditions of Office:
o The Governor shall not be a member of either House of Parliament or of a House
of the Legislature of any state specified in the First Schedule, and if a member
of either House of Parliament or of a House of the Legislature of any such state
be appointed Governor, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as Governor.
o The Governor shall not hold any other office of profit.
Summary

• President: Elected by an electoral college consisting of MPs and MLAs; serves a five-
year term; must be at least 35 years old and eligible for Lok Sabha.
• Vice President: Elected by an electoral college consisting of MPs; serves a five-year
term; must be at least 35 years old and eligible for Rajya Sabha.
• Governors: Appointed by the President; usually serves a five-year term; must be at
least 35 years old and not hold any other office of profit.

These provisions ensure a democratic process for the highest offices in the country and the
states, maintaining a balance between the executive and legislative branches of government.

Article 153: Governors of States

• Every state in India shall have a Governor.

• Provision: The same person can be appointed as the Governor for two or more states
simultaneously.

Article 154: Executive Power of the State

1. Governor's Role: The Governor holds the executive power of the state, which can be
exercised by the Governor directly or through officers subordinate to him, as per the
Constitution.
2. Limitations:

• Governor's Limited Role: The Governor does not automatically assume the
responsibilities or functions that have been assigned to other authorities by existing
laws. This means that if a law gives certain powers or duties to a specific authority (like
a local government body or an independent agency), the Governor cannot take over
those roles unless explicitly allowed by law.
• Assignment of Functions: Parliament or the State Legislature has the power to assign
specific functions to authorities that are under the Governor's control. This means that
through new laws, these legislative bodies can give additional responsibilities to
authorities that report to the Governor, thereby expanding their roles within the state
government.

Article 155: Appointment of Governor

• The Governor of a state is appointed by the President of India, who issues a formal
warrant under his hand and seal for the appointment.

Article 156: Term of Office of Governor

1. At the President's Pleasure: The Governor holds office as long as the President
desires, meaning the President can remove the Governor at any time.
2. Resignation: The Governor can resign by submitting a resignation letter to the
President.
3. Term Length: A Governor typically serves a five-year term but can stay in office
beyond this period until a successor takes over.
Article 157: Qualifications for Appointment as Governor

• To be eligible for appointment as a Governor:

1. The person must be a citizen of India.
2. The person must be at least 35 years old.

Article 158: Conditions of Governor's Office

This article lays out the specific conditions under which the Governor of a state operates. Let's
break it down:

1. Non-Membership in Legislatures:
o The Governor cannot be a member of either House of Parliament or the
Legislature of any State mentioned in the First Schedule.
o If someone who is already a member of Parliament or a State Legislature is
appointed as Governor, they must vacate their seat in that legislative body upon
taking up the role of Governor.
2. Prohibition of Other Offices:
o The Governor cannot hold any other office of profit while serving as Governor.
This ensures that the Governor remains independent and free from conflicts of
interest.
3. Official Residence and Entitlements:
o The Governor is entitled to use the official residence provided by the
government without paying rent.
o The Governor is also entitled to certain emoluments (salary), allowances, and
privileges, which are determined by Parliament.
o Until Parliament makes a specific provision, the emoluments and privileges are
specified in the Second Schedule of the Constitution.

Sub-clause (3A):

o If the same person is appointed as the Governor for two or more states, the
emoluments and allowances are to be divided among those states in a proportion
determined by the President.
4. Protection of Emoluments:
o The salary and allowances of the Governor cannot be reduced during their term
in office. This provision is designed to protect the independence of the
Governor's office.

Article 159: Oath or Affirmation by the Governor

Before the Governor assumes office, they must take an oath or affirmation. This oath is
administered by the Chief Justice of the High Court of the state, or, if the Chief Justice is
unavailable, the senior-most judge of that court. The oath is a formal commitment by the
Governor to:

1. Faithfully Execute the Office:

o The Governor pledges to execute the duties of the office faithfully.
2. Preserve, Protect, and Defend the Constitution and the Law:
o The Governor promises to uphold the Constitution and the law.
 3. Serve the People:
o The Governor commits to the service and well-being of the people of the state
they govern.

The oath or affirmation is a solemn declaration that emphasizes the Governor's role as a
guardian of the Constitution and a servant of the people.

Article 160: Discharge of the Functions of the Governor in Certain Contingencies

This article empowers the President of India to make arrangements for the discharge of the
functions of the Governor of a state in situations not specifically covered by the Constitution.

• Contingencies: The term "contingencies" refers to unexpected or unforeseen situations

that may arise, such as the absence, illness, or other inability of the Governor to perform
their duties.
• President’s Role: The President can decide how the Governor’s functions should be
carried out in such cases. The Constitution does not specify the exact circumstances,
allowing the President to use discretion to handle any unexpected situations.

Article 161: Power of Governor to Grant Pardons, etc.

This article grants the Governor of a state certain powers related to the punishment of
individuals convicted of crimes within the jurisdiction of that state.

• Pardons, Reprieves, Respites, Remissions:

o Pardon: The Governor can completely forgive a convicted person’s crime,
erasing the conviction as if it never occurred.
o Reprieve: Temporarily postponing the execution of a sentence.
o Respite: Reducing the severity of the punishment (e.g., reducing a death
sentence to life imprisonment) on special grounds like pregnancy, physical
disability, etc.
o Remission: Reducing the length of a sentence without changing its nature (e.g.,
reducing a 10-year sentence to 7 years).
• Suspension, Remission, Commutation:
o Suspension: Temporarily halting the enforcement of a sentence.
o Remission: As noted above, reducing the length of the sentence.
o Commutation: Substituting a lesser form of punishment for a greater one (e.g.,
reducing a death sentence to life imprisonment).
• Scope: The Governor’s powers extend to matters where the executive power of the state
is applicable, meaning the Governor can exercise these powers for offenses against laws
that fall within the state's legislative authority.

Article 162: Extent of Executive Power of State

This article defines the extent to which the executive power of a state government can be
exercised.

• Executive Power: Refers to the authority of the state government to implement laws,
make decisions, and administer government functions.
 • Scope: The state government’s executive power is limited to matters on which the state
legislature has the authority to make laws. These matters are usually listed in the State
List of the Seventh Schedule of the Constitution.
• Concurrent Matters: When both the state legislature and Parliament can make laws
on the same matter (Concurrent List), the state’s executive power is subject to the
Union’s executive power. The state’s executive authority is restricted by any specific
powers granted to the Union or its authorities by the Constitution or laws made by
Parliament.
• Limitations: The state's executive power does not extend to areas where the Union
government has been explicitly granted authority by the Constitution or by laws made
by Parliament. The Union government’s authority takes precedence in such cases.

This framework ensures that while states have significant autonomy, their powers are balanced
with the overarching authority of the Union government, particularly in areas of shared or
national interest.

EMERGENCY POWERS

The Indian Constitution provides for emergency provisions under Part XVIII (Articles 352 to
360), allowing the central government to deal with extraordinary situations that threaten the
security, integrity, or financial stability of the country or a part of it. These provisions give the
President of India significant powers to impose different types of emergencies.

Types of Emergencies:

1. National Emergency (Article 352):

o Conditions: A National Emergency can be proclaimed by the President if there
is a threat to the security of India or any part of its territory due to war, external
aggression, or armed rebellion.
o Effects:
§ The central government assumes greater control over the states.
§ The fundamental rights under Article 19 can be suspended.
§ The Parliament can make laws on subjects in the State List.
§ The life of the Lok Sabha may be extended beyond the normal five-year
term.
o Approval and Duration:
§ The proclamation must be approved by both Houses of Parliament
within one month.
§ Once approved, it can remain in force for six months and can be
extended indefinitely with further parliamentary approvals every six
months.
2. President’s Rule (Article 356):
o Conditions: President’s Rule, also known as a "State Emergency" or
"Constitutional Emergency," can be imposed if the President is convinced that
the governance in a state cannot be carried out according to the provisions of
the Constitution. This often happens when there is a breakdown of constitutional
machinery in a state.
o Effects:
§ The President takes over the executive authority of the state.
 § The state legislature can be dissolved or suspended, and the Parliament
assumes legislative powers of the state.
o Approval and Duration:
§ The proclamation must be approved by both Houses of Parliament
within two months.
§ Once approved, it remains in force for six months and can be extended
up to three years with periodic parliamentary approvals.
3. Financial Emergency (Article 360):
o Conditions: A Financial Emergency can be declared if the President believes
that the financial stability or credit of India or any part of its territory is
threatened.
o Effects:
§ The central government gains control over the state’s financial matters.
§ The President can direct states to observe financial propriety and can
reduce the salaries of all government officials, including judges of the
Supreme Court and High Courts.
§ All money bills passed by the state legislatures may be reserved for the
consideration of the President.
o Approval and Duration:
§ The proclamation must be approved by both Houses of Parliament
within two months.
§ Once approved, it remains in force indefinitely until it is revoked by the
President.

Key Points:

• Safeguards: The imposition of these emergencies is subject to judicial review. For

instance, the 44th Amendment Act (1978) introduced several safeguards, including the
requirement that a National Emergency can only be declared on the basis of a written
recommendation by the Cabinet and that the emergency must be approved by both
Houses of Parliament within a specified period.
• Fundamental Rights: While the right to move the courts for the enforcement of
fundamental rights is generally suspended during a National Emergency, rights under
Articles 20 and 21 (protection in respect of conviction for offenses and protection of
life and personal liberty) cannot be suspended.

These emergency provisions are designed to protect the country in times of grave crisis, but
they also have the potential to concentrate significant power in the hands of the central
government, which is why their use is carefully regulated and subject to checks and balances.

Article 352: Proclamation of Emergency

Article 352 of the Indian Constitution deals with the provisions related to the proclamation of
a National Emergency. This article outlines the conditions under which an emergency can be
declared, the procedure for its declaration, approval, duration, and revocation.

Let's break down each clause of Article 352 for a clear understanding.
1. Article 352(1): Grounds for Proclamation of Emergency

Text:

(1) If the President is satisfied that a grave emergency exists whereby the security of India or
of any part of the territory thereof is threatened, whether by war or external aggression or armed
rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of
India or of such part of the territory thereof as may be specified in the Proclamation.

Explanation:

• Conditions for Declaration:

o The President can declare a National Emergency if he is satisfied that there is
a grave threat to the security of India or any part of its territory.
• Types of Threats:
o War: An official state of armed conflict between countries.
o External Aggression: Hostile actions by foreign entities short of declared war.
o Armed Rebellion: Internal disturbances or uprisings threatening the nation's
security (previously termed as "internal disturbance" before the 44th
Amendment).
• Scope of Proclamation:
o The emergency can be declared across the entire country or specific parts as
deemed necessary.

Note:

• The President's satisfaction is subject to constitutional provisions and procedures; it

is not entirely discretionary.

2. Explanation to Article 352(1): Imminent Danger Provision

Text:

Explanation.—A Proclamation of Emergency declaring that the security of India or any part of
the territory thereof is threatened by war or by external aggression or by armed rebellion may
be made before the actual occurrence of war or of any such aggression or rebellion, if the
President is satisfied that there is imminent danger thereof.

Explanation:

• Preventive Measure:
o Allows the President to declare an emergency pre-emptively, i.e., before an
actual war, external aggression, or armed rebellion occurs.
• Imminent Danger:
o The threat must be immediate and evident, indicating that such events are
likely to happen soon.
• Purpose:
o Enables the government to take proactive steps to safeguard national security
and prepare for potential threats.
3. Article 352(2): Variation and Revocation of Proclamation

Text:

(2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent
Proclamation.

Explanation:

• Modification:
o The President has the power to modify (vary) the existing emergency
proclamation as situations evolve.
• Revocation:
o The emergency can be revoked entirely through a new proclamation.
• Flexibility:
o This provision ensures that the emergency status can be adjusted in response
to changing circumstances.

4. Article 352(3): Cabinet Decision Requirement

Text:

(3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying
such Proclamation unless the decision of the Union Cabinet (that is to say, the Council
consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article
75) that such a Proclamation may be issued has been communicated to him in writing.

Explanation:

• Collective Decision:
o The declaration of emergency must be based on a written
recommendation from the Union Cabinet.
• Purpose:
o Ensures that such a significant decision is made collectively by the highest
executive body, not unilaterally by the Prime Minister or any single minister.
• Safeguard:
o Introduced by the 44th Amendment to prevent misuse of emergency powers
and maintain democratic accountability.

5. Article 352(4): Parliamentary Approval and Duration

Text:

(4) Every Proclamation issued under this article shall be laid before each House of
Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration of one month unless before the expiration
of that period it has been approved by resolutions of both Houses of Parliament.
Explanation:

• Mandatory Approval:
o The emergency proclamation must be presented to both the Lok Sabha and
Rajya Sabha.
• Time Frame:
o Must receive parliamentary approval within one month from the date of
issuance.
• Effect of Non-Approval:
o If not approved within this period, the emergency automatically ceases to
operate.
• Provision During Lok Sabha Dissolution:
o If the Lok Sabha is dissolved during this period:
§ Approval by Rajya Sabha is sufficient initially.
§ The proclamation must be approved by the newly constituted Lok
Sabha within 30 days of its first sitting; otherwise, it ceases to operate.

6. Article 352(5): Extension of Emergency Duration

Text:

(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of
a period of six months from the date of the passing of the second of the resolutions approving
the Proclamation under clause (4):

Provided that if and so often as a resolution approving the continuance in force of such a
Proclamation is passed by both Houses of Parliament the Proclamation shall, unless
revoked, continue in force for a further period of six months from the date on which it
would otherwise have ceased to operate under this clause:

Provided further that if the dissolution of the House of the People takes place during any such
period of six months and a resolution approving the continuance in force of such Proclamation
has been passed by the Council of States but no resolution with respect to the continuance in
force of such Proclamation has been passed by the House of the People during the said period,
the Proclamation shall cease to operate at the expiration of thirty days from the date on
which the House of the People first sits after its reconstitution unless before the expiration of
the said period of thirty days, a resolution approving the continuance in force of the
Proclamation has been also passed by the House of the People.

Explanation:

• Initial Duration:
o Once approved by Parliament, the emergency remains in force for six months.
• Extension:
o Can be extended indefinitely in increments of six months, each
requiring fresh approval from both Houses before the expiry of the current
period.
• Conditions During Lok Sabha Dissolution:
o If Lok Sabha is dissolved during the emergency:
§ Rajya Sabha's approval suffices temporarily.
 § The newly formed Lok Sabha must approve the continuation within
30 days of its first session; failure to do so results in the termination of
the emergency.

Purpose:

• Ensures parliamentary oversight and periodic review of the emergency situation,

preventing indefinite continuation without legislative scrutiny.

7. Article 352(6): Special Majority Requirement

Text:

(6) For the purposes of clauses (4) and (5), a resolution may be passed by either House of
Parliament only by a majority of the total membership of that House and by a majority of
not less than two-thirds of the Members of that House present and voting.

Explanation:

• Stringent Approval Criteria:

o Requires a dual majority:
§ Absolute Majority: More than 50% of the total membership of the
House.
§ Special Majority: At least two-thirds of members present and
voting.
• Purpose:
o Sets a high threshold to ensure that the decision to impose or continue an
emergency has broad consensus across the political spectrum.
• Democratic Safeguard:
o Prevents misuse by ensuring that no single party or small coalition can impose
or extend an emergency without substantial support.

8. Article 352(7): Mandatory Revocation upon Lok Sabha Disapproval

Text:

(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a
Proclamation issued under clause (1) or a Proclamation varying such Proclamation if
the House of the People passes a resolution disapproving, or, as the case may be,
disapproving the continuance in force of, such Proclamation.

Explanation:

• Lok Sabha's Authority:

o The Lok Sabha (House of the People) has the power to compel the President
to revoke the emergency proclamation by passing a disapproving resolution.
• Mandatory Action:
o Upon such disapproval, the President must revoke the proclamation; it's not
discretionary.
 • Democratic Control:
o Empowers the directly elected lower house to check and balance the
emergency powers, reflecting the will of the people.

9. Article 352(8): Procedure for Disapproval Motion

Text:

(8) Where a notice in writing signed by not less than one-tenth of the total number of
members of the House of the People has been given, of their intention to move a resolution
for disapproving, or, as the case may be, for disapproving the continuance in force of, a
Proclamation issued under clause (1) or a Proclamation varying such Proclamation,—

(a) to the Speaker, if the House is in session; or

(b) to the President, if the House is not in session,

a special sitting of the House shall be held within fourteen days from the date on which such
notice is received by the Speaker, or, as the case may be, by the President, for the purpose of
considering such resolution.

Explanation:

• Initiating Disapproval:
o If 10% of Lok Sabha members submit a written notice expressing intent to
move a disapproval resolution:
§ During Session: Notice given to the Speaker.
§ Not in Session: Notice given to the President.
• Special Sitting:
o A special session of Lok Sabha must be convened within 14 days of receiving
the notice to discuss and vote on the resolution.
• Purpose:
o Facilitates a timely and structured process for Parliament to review and
potentially revoke emergency provisions.
• Ensures Accountability:
o Provides a mechanism for members to challenge and debate the continuation
of emergency, reinforcing parliamentary democracy.

10. Article 352(9): Multiple Proclamations on Different Grounds

Text:

(9) The power conferred on the President by this article shall include the power to issue
different Proclamations on different grounds, being war or external aggression or armed
rebellion or imminent danger of war or external aggression or armed rebellion, whether or not
there is a Proclamation already issued by the President under clause (1) and such
Proclamation is in operation.

Explanation:
 • Concurrent Emergencies:
o The President can issue multiple emergency proclamations based
on different grounds simultaneously.
• Flexibility:
o Allows the government to address varied threats separately, tailoring
responses as per the nature and location of each threat.
• Independent Operation:
o New proclamations can be issued regardless of existing ones, ensuring
that emerging threats can be dealt with promptly.

Example:

• If there is ongoing external aggression in one part of the country and an armed rebellion
emerges elsewhere, separate emergencies can be declared and managed accordingly.

Summary of Key Points:

• Declaration: President can declare National Emergency due to war, external

aggression, or armed rebellion, even in anticipation of such events.
• Cabinet Approval: Requires written recommendation from the Union Cabinet.
• Parliamentary Oversight: Must be approved by both Houses within one month; can
be extended every six months with approval.
• Majority Requirement: Approval and extension require a special majority in both
Houses.
• Revocation: Can be revoked by the President at any time; mandatory revocation if
Lok Sabha disapproves.
• Disapproval Mechanism: 10% of Lok Sabha members can initiate a motion to
disapprove the emergency.
• Multiple Emergencies: President can issue multiple proclamations based on different
threats concurrently.

Purpose and Significance:

• Safeguarding the Nation: Provides a constitutional mechanism to protect the

sovereignty and integrity of India during grave threats.
• Checks and Balances: Incorporates safeguards to prevent abuse, ensuring that
emergency powers are exercised responsibly and democratically.
• Democratic Accountability: Emphasizes the role of Parliament, especially the Lok
Sabha, in overseeing and controlling the imposition and continuation of emergency
provisions.
• Flexibility and Responsiveness: Allows the government to respond swiftly and
appropriately to various types of national crises.

Note: The 44th Amendment Act of 1978 introduced several of these safeguards, especially
the requirement for Cabinet approval and the provision for Parliamentary disapproval, in
response to past experiences to prevent misuse of emergency powers.

Article 353 - Effect of Proclamation of Emergency

This article explains the effects of an emergency once it is declared by the President:
 1. Extension of Union Executive Power (Clause a):
o During an emergency, the executive power of the Union extends to giving
directions to any State regarding how the executive power of that State should
be exercised. This means the Central Government can direct State Governments
in matters that usually fall within the State's jurisdiction.
2. Parliament's Power to Legislate (Clause b):
o Parliament's power to make laws extends even to matters not listed in the Union
List (typically the domain of the States) during an emergency. Parliament can
also confer powers and impose duties on Union officers and authorities related
to those matters.
3. Proviso:
o If the emergency is declared only in a part of the country, the Union's power to
give directions and make laws can still extend to other States if the security of
India or any part of it is threatened by activities in the area where the emergency
is declared.

Article 354 - Distribution of Revenues during Emergency

1. Modification of Revenue Distribution (Clause 1):

o The President can modify the distribution of revenues between the Union and
the States as specified in Articles 268 to 279 of the Constitution during an
emergency. This modification can continue for the financial year in which the
emergency ends.
2. Parliamentary Oversight (Clause 2):
o Any order made by the President under this article must be laid before both
Houses of Parliament as soon as possible.

Article 355 - Union's Duty to Protect States

• This article mandates that it is the Union's duty to protect States against external
aggression and internal disturbances and to ensure that the governance of each State is
carried on according to the provisions of the Constitution. This serves as the basis for
the Union's intervention in a State under certain conditions.

Article 356 - Failure of Constitutional Machinery in States

1. Presidential Proclamation (Clause 1):

o If the President, on receiving a report from the Governor or otherwise, is
convinced that the governance of a State cannot be carried out according to the
Constitution, he can issue a proclamation:
§ (a) Assuming to himself or any other authority the functions of the State
Government.
§ (b) Declaring that the powers of the State Legislature shall be exercised
by or under the authority of Parliament.
§ (c) Making necessary provisions, except for taking over the powers of
the High Court.
2. Variation or Revocation (Clause 2):
o The President can revoke or vary the proclamation by issuing a subsequent
proclamation.
3. Parliamentary Approval (Clause 3):
 oEvery such proclamation must be approved by both Houses of Parliament
within two months, or it ceases to operate. If the Lok Sabha is dissolved during
this period, the proclamation can continue for a limited time until it is approved
after the House is reconstituted.
4. Duration of the Proclamation (Clause 4):
o Once approved, the proclamation remains in force for six months, extendable
by further six-month periods, with a maximum of three years. However, after
one year, it can only be extended if a national emergency is also in force or if
the Election Commission certifies difficulties in conducting State elections.
5. Special Provision for Punjab (Clauses 4 and 5):
o The maximum period of three years for a State emergency was extended to five
years specifically for the State of Punjab during its period of political instability
in the 1980s.

Summary:

These articles collectively outline the framework for the declaration of an emergency, the
consequent centralization of powers, and the mechanisms to ensure that State governance
continues in accordance with the Constitution. Article 356, in particular, is often referred to as
the "President's Rule," a tool used when a State Government is unable to function according to
constitutional provisions.

Article 357 - Legislative Powers under Proclamation (Article 356)

Clause 1:

• (a) When a proclamation under Article 356 (President's Rule) declares that the State
Legislature's powers will be exercised by Parliament, Parliament may confer this power
on the President. The President can further delegate this power to another authority,
subject to conditions he sees fit.
• (b) Parliament or the President (or the delegated authority) can make laws that confer
powers and impose duties on the Union or its officers.
• (c) The President can authorize expenditure from the State’s Consolidated Fund when
the House of the People (Lok Sabha) is not in session, pending Parliament's sanction.

Clause 2:

• Any law made by Parliament, the President, or the delegated authority under the powers
conferred by this article will continue to be in effect after the proclamation ceases to
operate unless it is altered, repealed, or amended by a competent legislature or
authority.

Article 358 - Suspension of Article 19 during Emergencies

Clause 1:

• During a proclamation of emergency where India's security is threatened by war or

external aggression, Article 19 (which guarantees certain freedoms) is suspended. The
State can make laws or take executive actions that would otherwise be restricted by
 Article 19. However, these laws cease to have effect once the emergency ends, except
for actions already taken.

Proviso:

• If the emergency is declared in only part of India, laws can still be made in other parts
if the security of India is threatened by activities in or related to the area under
emergency.

Clause 2:

• The suspension of Article 19 does not apply to laws or actions unless they contain a
(writing)recital indicating their relation to the emergency.

Suspension of Article 19 during Emergency

1. Scope:
o Article 358 deals exclusively with the suspension of Article 19 (which provides
six fundamental freedoms) during an emergency declared under Article
352 (external aggression or war, not internal emergency).
2. Automatic Suspension:
o As soon as an emergency is declared under Article 352, all six fundamental
rights under Article 19(freedom of speech, assembly, movement, etc.) are
automatically suspended.
3. Scope of Application:
o The suspension of rights under Article 19 is only applicable in the case of war
or external aggression, not internal disturbances.
4. Effect During Emergency:
o The State can make any law or take executive actions that would normally
violate Article 19, and those laws cannot be challenged for violating
fundamental rights under Article 19 during the emergency.
5. After Emergency:
o Once the emergency ends, any law made or action taken during the emergency
that violates Article 19 becomes invalid unless continued by Parliament.

Article 359 - Suspension of Rights under Part III during Emergencies

Clause 1:

• During a proclamation of emergency, the President can suspend the right to move any
court for the enforcement of the rights conferred by Part III (except Articles 20 and 21)
of the Constitution. All proceedings pending in any court for the enforcement of these
rights are suspended during the emergency.

Clause 1A:

• While such an order is in effect, the State can make laws or take actions that would
normally be restricted by Part III. These laws cease to have effect once the order ends,
except for actions already taken.
Proviso:

• Similar to Article 358, this clause also applies to the parts of the country where the
emergency is not in operation if the security of India is threatened by activities in or
related to the area under emergency.

Clause 1B:

• The suspension of rights does not apply unless the law or action contains a recital
indicating its relation to the emergency.

Clause 2:

• The order can extend to the whole or any part of India, but if the emergency is in a part
of India, the order does not extend to other parts unless deemed necessary by the
President.

Clause 3:

• Every such order must be laid before both Houses of Parliament as soon as possible.

Suspension of Enforcement of Fundamental Rights during Emergency

1. Scope:
o Article 359 allows for the suspension of enforcement of any fundamental
rights, except those guaranteed by Articles 20 and 21, during an emergency
declared under Article 352.
2. Suspension of Enforcement, Not the Rights:
o Unlike Article 358, it does not suspend the fundamental rights themselves but
rather the right to move to court for enforcement of those rights. The rights
remain intact, but citizens cannot approach the court to challenge violations
during the emergency.
3. Scope of Application:
o Article 359 can apply to a broader range of fundamental rights and can be
applied during any emergency (whether due to war, external aggression, or
internal disturbances). However, it must be specified by the President in the
Emergency Proclamation.
4. Effect During Emergency:
o If the President specifies that the enforcement of certain fundamental rights is
suspended, citizens cannot approach courts to enforce those rights during the
emergency. However, Articles 20 (protection in respect of conviction for
offenses) and 21 (protection of life and personal liberty) cannot be suspended.
5. After Emergency:
o After the emergency ends, any law made or action taken during the emergency
can still be challenged, and the judiciary can review its constitutionality. The
rights come back into force for enforcement.
Article 360 - Provisions for Financial Emergency

Clause 1:

• If the President is satisfied that India's financial stability or credit (or any part thereof)
is threatened, he may declare a financial emergency.

Clause 2:

• A proclamation of financial emergency:

o (a) May be revoked or varied by a subsequent proclamation.
o (b) Must be laid before both Houses of Parliament.
o (c) Ceases to operate after two months unless approved by both Houses. If the
Lok Sabha is dissolved during this period, the proclamation continues for 30
days after it is reconstituted unless approved.

Clause 3:

• During a financial emergency, the Union executive can direct States to observe
financial propriety and other necessary actions.

Clause 4:

• The President can:

o (i) Direct the reduction of salaries and allowances of persons serving the State.
o (ii) Require Money Bills or other financial Bills in the State to be reserved for
his consideration.
o (b) Issue directions for reducing the salaries and allowances of those serving the
Union, including judges of the Supreme Court and High Courts.

Here are some famous cases related to the exercise of emergency powers in India:

1. Indira Gandhi Emergency Case:

The "Indira Gandhi Emergency Case" refers to the series of events and legal battles surrounding
the Emergency declared in India by then-Prime Minister Indira Gandhi on June 25, 1975. The
most significant legal case associated with this period is Indira Nehru Gandhi v. Raj
Narain (1975), often referred to simply as the "Election Case" or the "Indira Gandhi Case."

Background to the Emergency

• Indira Gandhi's Election: Indira Gandhi, then Prime Minister of India, won the 1971
general elections by a landslide. Her opponent, Raj Narain, who contested the election
from the Rae Bareli constituency, challenged her victory, alleging electoral
malpractices, including bribery, use of government machinery, and exceeding election
expenses.
• Allahabad High Court Verdict (June 12, 1975): Justice Jagmohan Lal Sinha of the
Allahabad High Court found Indira Gandhi guilty of electoral malpractices under the
Representation of the People Act, 1951. The court declared her election null and void
 and barred her from holding any elected office for six years. This verdict threatened her
position as Prime Minister.
• Political Crisis: Facing this unprecedented situation, Indira Gandhi appealed to the
Supreme Court. Meanwhile, there were widespread protests and calls for her
resignation. In response, she advised the President, Fakhruddin Ali Ahmed, to declare
a state of Emergency under Article 352 of the Indian Constitution, citing internal
disturbances.

Declaration of Emergency (June 25, 1975)

• Emergency Proclamation: The Emergency was declared on the night of June 25,
1975. Civil liberties were suspended, press censorship was imposed, political
opponents were arrested, and constitutional amendments were rushed through
Parliament.
• Suspension of Fundamental Rights: Fundamental Rights under Part III of the
Constitution, including the right to move the courts for enforcement of those rights,
were suspended.

Legal Proceedings: Indira Gandhi v. Raj Narain

• Supreme Court Appeal: Indira Gandhi appealed the Allahabad High Court's decision
to the Supreme Court. Meanwhile, she pushed through the 39th Amendment to the
Constitution, which effectively placed the election of the Prime Minister and the
Speaker of the Lok Sabha beyond the scrutiny of the courts. This amendment was seen
as a direct attempt to overturn the Allahabad High Court's verdict.
• Supreme Court's Ruling: In November 1975, the Supreme Court upheld the validity
of the 39th Amendment, which retrospectively validated Indira Gandhi's election.
However, the Court did not directly address the issue of whether her election was indeed
invalid under the original law.

Impact of the Emergency

• Political Repression: The Emergency period saw widespread human rights violations,
including arbitrary arrests, forced sterilizations, and suppression of political dissent.
Key political leaders like Jayaprakash Narayan, Morarji Desai, and others were
imprisoned.
• Media Censorship: The press was heavily censored, and any criticism of the
government was suppressed. Several newspapers were shut down, and journalists were
jailed.
• 1977 General Elections: The Emergency was lifted in January 1977, and general
elections were called. Indira Gandhi and her party, the Indian National Congress, were
decisively defeated by the Janata Party, a coalition of opposition parties. This election
marked the first time the Congress Party lost power at the national level.

Legal and Constitutional Reforms Post-Emergency

• 44th Amendment (1978): In response to the misuse of Emergency powers, the Janata
government passed the 44th Amendment, which made it more difficult to declare a
national emergency. The amendment ensured that the President could only declare an
Emergency on the written advice of the Cabinet and required that such a declaration
 must be approved by both Houses of Parliament within one month. The amendment
also restored judicial review of laws and actions taken during an Emergency and
protected certain fundamental rights, such as the right to life and personal liberty, from
suspension.
• Overruling of ADM Jabalpur Case: The infamous ADM Jabalpur v. Shivkant Shukla
case (1976), where the Supreme Court held that even the right to life could be suspended
during an Emergency, was later overruled in the landmark case of K.S. Puttaswamy
v. Union of India (2017). The Court acknowledged that the ADM Jabalpur ruling was
a grave error.

Conclusion

The Emergency period is one of the most controversial chapters in Indian political history. It
highlighted the potential for abuse of executive power and the fragility of democratic
institutions in the face of authoritarianism. The legal battles, particularly the Indira Gandhi v.
Raj Narain case, underscored the importance of the judiciary in upholding democratic
principles and protecting individual rights against arbitrary state action. The aftermath of the
Emergency led to significant constitutional reforms aimed at preventing such a crisis in the
future.

2. A.K. Gopalan v. State of Madras (1950)

• Issue: The case dealt with preventive detention under the Preventive Detention Act,
1950, and the right to personal liberty under Article 21 of the Constitution.
• Significance: The Supreme Court initially held that each of the Fundamental Rights
was separate and distinct, thereby allowing preventive detention even during peacetime.
This interpretation was later overruled in subsequent cases.

3. ADM Jabalpur v. Shivkant Shukla (1976) (Habeas Corpus Case)

• Issue: This case arose during the Emergency declared by Prime Minister Indira Gandhi
in 1975. The primary question was whether the right to move a court to enforce
fundamental rights remained available during the Emergency when those rights were
suspended.
• Significance: The Supreme Court controversially held that during the Emergency, the
right to seek enforcement of fundamental rights (including the right to life and liberty
under Article 21) could be suspended. This judgment was widely criticized and is
considered a low point in Indian judicial history. It was later effectively overruled by
the 44th Amendment to the Constitution, which ensured that certain fundamental rights
cannot be suspended even during an Emergency.

4. Minerva Mills Ltd. v. Union of India (1980)

• Issue: This case dealt with the constitutionality of amendments made to the
Constitution during the Emergency under Article 368, particularly those that sought to
limit judicial review.
• Significance: The Supreme Court struck down these amendments, affirming that the
power of judicial review is part of the basic structure of the Constitution and cannot be
taken away. This case reinforced the basic structure doctrine and curtailed the misuse
of Emergency powers.
5. S.R. Bommai v. Union of India (1994)

• Issue: Although primarily dealing with the dismissal of state governments under Article
356 (President's Rule), the case also touched upon the misuse of emergency powers.
• Significance: The Supreme Court laid down guidelines to curb the misuse of Article
356, emphasizing that the power to impose President's Rule should be exercised only
in exceptional circumstances. It also affirmed that any proclamation under Article 356
is subject to judicial review.

6. K.S. Puttaswamy v. Union of India (2017)

• Issue: Although not directly related to Emergency powers, this landmark case, which
recognized the right to privacy as a fundamental right, also revisited the principles
established in the ADM Jabalpur case.
• Significance: The Supreme Court explicitly overruled the ADM Jabalpur judgment,
stating that it was an "aberration" and declaring that fundamental rights, especially the
right to life and personal liberty, cannot be suspended even during an Emergency.
Elections and Election Commission.

The Indian Constitution provides a comprehensive framework for elections and the Election
Commission to ensure free and fair elections across the country. Here’s an overview:

1. Elections:

• Democratic Process: Elections are a crucial part of the democratic process in India,
allowing citizens to choose their representatives in the Parliament (Lok Sabha and
Rajya Sabha), State Legislatures, and local bodies.
• Parliamentary Elections: The Lok Sabha (House of the People) members are directly
elected by the people of India through general elections, usually held every five years.
Rajya Sabha (Council of States) members are elected by the elected members of the
State Legislative Assemblies.
• State Legislative Elections: Members of the Legislative Assemblies (MLAs) in each
state are also elected through direct elections by the people of the state.
• Local Body Elections: These include elections for Municipalities, Panchayats, and
other local bodies, conducted at the district, block, and village levels.

2. Election Commission of India (ECI):

• Constitutional Authority: The Election Commission of India is an independent

constitutional authority established under Article 324 of the Constitution to conduct and
supervise elections in India.
• Composition: The ECI consists of the Chief Election Commissioner (CEC) and other
Election Commissioners appointed by the President of India. Initially, there was only
one CEC, but the commission now usually has multiple members.
• Powers and Functions:
o Conduct of Elections: The ECI is responsible for conducting elections to the
Parliament, State Legislatures, the offices of the President and Vice-President,
and various local bodies.
o Model Code of Conduct: It enforces a Model Code of Conduct during
elections to ensure that the ruling party does not misuse its position to gain an
unfair advantage.
o Voter Registration: The ECI manages the preparation and updating of
electoral rolls, ensuring all eligible citizens can vote.
o Disqualification and Disputes: It has the power to disqualify candidates and
adjudicate disputes related to elections.
o Election Campaign: It regulates the conduct of political parties and candidates,
including campaign financing and election expenditure.

3. Related Articles in the Constitution:

• Article 324: Grants the ECI the power to conduct and supervise elections.
• Article 325: Ensures no person is ineligible for inclusion in the electoral rolls on the
grounds of religion, race, caste, or sex.
• Article 326: States that elections to the Lok Sabha and State Legislative Assemblies
shall be based on adult suffrage (i.e., the right to vote for citizens aged 18 and above).
• Article 327: Empowers Parliament to make provisions regarding elections to the
Parliament and State Legislatures.
 • Article 328: Allows State Legislatures to make laws related to elections in their
respective states, subject to the provisions of the Constitution.
• Article 329: Bars interference by courts in electoral matters, except through an election
petition filed after the results are declared.

These provisions ensure that the electoral process in India is transparent, fair, and upholds the
democratic principles enshrined in the Constitution.

Article 324

Article 324 of the Indian Constitution outlines the powers and responsibilities of the Election
Commission of India (ECI) regarding the conduct of elections. Here's a breakdown of its
provisions:

1. Superintendence, Direction, and Control (Clause 1)

• Scope: The Election Commission is responsible for overseeing the preparation of

electoral rolls and the conduct of all elections to Parliament, State Legislatures, and the
offices of the President and Vice-President.
• Authority: The Commission has the authority to supervise and control every aspect of
these elections.

2. Composition of the Election Commission (Clause 2)

• Chief Election Commissioner (CEC): The ECI must have a Chief Election
Commissioner, and it may also have other Election Commissioners, as decided by the
President.
• Appointments: The President appoints the Chief Election Commissioner and any other
Election Commissioners, based on laws made by Parliament.

3. Role of the Chief Election Commissioner (Clause 3)

• Chairmanship: If there are other Election Commissioners, the Chief Election

Commissioner serves as the Chairman of the Election Commission.
• Coordination: The CEC is the primary authority within the Commission and
coordinates the activities of the other Election Commissioners.

4. Regional Commissioners (Clause 4)

• Appointment: The President can appoint Regional Commissioners, after consulting

the Election Commission, to assist in managing elections, particularly during general
elections.
• Support Role: These Regional Commissioners help in the effective performance of the
Commission's duties.

5. Service Conditions and Tenure (Clause 5)

• Determination: The President, following any applicable laws made by Parliament,

determines the service conditions and tenure of the Election Commissioners and
Regional Commissioners.
 • Protection from Removal: The Chief Election Commissioner enjoys the same security
of tenure as a Supreme Court Judge, meaning they can only be removed under the same
conditions. Other Election Commissioners or Regional Commissioners can only be
removed based on the CEC's recommendation.

6. Provision of Staff (Clause 6)

• Support from President/Governor: The President or the Governor of a State must

provide the necessary staff to the Election Commission or Regional Commissioners
when requested, ensuring that the Commission has the resources needed to fulfil its
duties.

In summary, Article 324 grants the Election Commission of India significant autonomy and
authority to ensure the fair and efficient conduct of elections in the country, safeguarding the
democratic process.

Article 325: No Person to Be Ineligible for Inclusion in Electoral Roll on Grounds of

Religion, Race, Caste, or Sex

• Single Electoral Roll: For every territorial constituency in India, there is only one
general electoral roll. This roll includes all eligible voters, regardless of their religion,
race, caste, or sex.
• Equal Eligibility: No person can be excluded from the electoral roll based solely on
these characteristics, ensuring that everyone has an equal right to vote without
discrimination.

Article 326: Elections to Be Based on Adult Suffrage

• Adult Suffrage: Elections for the House of the People (Lok Sabha) and State
Legislative Assemblies are based on adult suffrage, meaning all citizens of India aged
18 or older are eligible to vote.
• Eligibility: To be eligible, a person must be a citizen of India and meet the age
requirement. However, there are certain disqualifications, such as non-residence,
unsoundness of mind, criminal activity, or involvement in corrupt or illegal practices,
that can prevent someone from being registered as a voter.

Article 327: Power of Parliament to Make Provisions Regarding Elections to Legislatures

• Authority of Parliament: Article 327 grants Parliament the power to create laws
regarding all aspects of elections for the House of Parliament (Lok Sabha and Rajya
Sabha) and the State Legislatures (Vidhan Sabha and Vidhan Parishad).
• Scope of Power: This power includes everything related to elections, such as:
o Preparation of Electoral Rolls: The process of registering voters.
o Delimitation of Constituencies: Defining the geographic boundaries of
electoral districts.
o Other Election-Related Matters: Any other necessary provisions to ensure the
proper and lawful constitution of the Houses.
• Constitutional Compliance: While exercising this power, Parliament must ensure that
its laws comply with the provisions of the Constitution.
In essence, this article empowers Parliament to regulate the entire election process, ensuring
that it is conducted fairly and effectively within the framework of the Constitution.

Article 328: Power of State Legislature to Make Provisions for State Legislature Elections

• State Legislature's Authority: Article 328 allows the Legislature of a State to make
laws concerning the elections to its Legislative Assembly or Council.
• Scope of Power: The State Legislature can create laws regarding:
o Electoral Rolls: The process of registering voters within the state.
o Other Election-Related Matters: Any other necessary provisions to ensure
proper and lawful elections to the State Legislature.
• Constitutional Compliance: The State Legislature's power is subject to the
Constitution's provisions. If Parliament has already made laws on these matters, the
State Legislature cannot override them.

Article 329: Bar to Judicial Interference in Electoral Matters

• Protection of Electoral Laws: Article 329 limits the ability of courts to interfere in
certain electoral matters.
• Key Provisions:
o Clause (a): The validity of laws related to the delimitation of constituencies or
the allocation of seats (created under Articles 327 or 328) cannot be challenged
in court.
o Clause (b): The legality of an election to Parliament or a State Legislature
cannot be questioned in court except through an election petition filed according
to the law made by the appropriate Legislature.
• Election Petition: Disputes regarding elections must be addressed through a specific
legal process called an election petition, not through general court proceedings.

Article 329A: Special Provision (Omitted)

• Omitted Provision: Article 329A, which once provided special provisions regarding
elections to Parliament in the case of the Prime Minister and Speaker, was removed by
the 44th Amendment in 1978.

Here are some important case laws related syllubus:

1. Cabinet Form of Government

• Samsher Singh v. State of Punjab (1974): This case clarified that the President and
Governors are bound by the advice of the Council of Ministers, affirming the principle
of collective responsibility central to the Cabinet system.
• U.N.R. Rao v. Indira Gandhi (1971): It was held that the President’s power to dismiss
a government is limited and should only be exercised in exceptional circumstances
where a government loses the confidence of the House.
2. Central and State Government

• State of Rajasthan v. Union of India (1977): This case dealt with the power of the
Union Government to dismiss state governments under Article 356. The Supreme Court
upheld the President’s power but emphasized that it should be exercised sparingly.
• S.R. Bommai v. Union of India (1994): A landmark judgment that defined the limits
of the President’s power to dismiss state governments under Article 356 and
emphasized the importance of federalism in the Constitution.

3. Appointment of President, Vice President, Governors

• B.P. Singhal v. Union of India (2010): The Supreme Court ruled that the Governors
cannot be removed arbitrarily and that their removal must be for valid reasons.
• Election Commission of India v. Dr. Subramaniam Swamy (1996): This case dealt
with the powers and independence of the Election Commission in conducting elections
for the President and Vice-President.

4. Emergency Powers

• ADM Jabalpur v. Shivkant Shukla (1976): Also known as the Habeas Corpus case,
this judgment dealt with the suspension of fundamental rights during the Emergency
under Article 352.
• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court held that the
amendment made during the Emergency to limit judicial review was unconstitutional,
thereby reinforcing the basic structure doctrine.

5. Elections and Election Commission

• Indira Nehru Gandhi v. Raj Narain (1975): This case is famous for challenging the
election of Indira Gandhi and led to significant discussions on the powers of the
Election Commission and the validity of election laws.
• Union of India v. Association for Democratic Reforms (2002): The Supreme Court
ruled that voters have a right to know the criminal background, assets, and educational
qualifications of candidates, enhancing transparency in elections.