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Polity - NCERT
Sunday, 23 July 2017 15:23

A. Types of majority

Simple Absolute Effective Special - types

Meanin 50% of present & the means more Type 1 Article 249: 2/3 members
g voting majority than 50% of present and voting. Pass the RS
of more the effective resolution to empower the parliament
than 50% strength of the to make laws in the state list
of the house (all who
total were present)
strength
of the
house
Practica 500 present, 50 50% of 545 seats, 5 Type 2 Article 368: 2/3 members
l abstain. 50% of 545=273 vacant, 40 present and voting + 50% support of
450+1=226. People absent, 10 total strength (273/123 MPs). For
who abstain are not abstain. Then constitutional amends (non-federalism
counted. 50% of affecting), removal of SC/HC/CEC/CAG,
500+1=251. national emergency, changes to Vidhan
People who Parishad. No joint session.
abstain are
counted.
Used No-confidence Usually for Type 3 Article 368: Constitutional
for Motion, Motion of not removal amendment involving change of federal
Confidence, Motion required of Vice- structure. 2/3rd members present and
of Thanks, Censure in President, voting supported by more than 50% of
Motion, isolation Deputy the state legislatures by a simple
Adjournment in the Chairman majority. E.g. NJAC
Motion, Money Indian of RS, LS
Bills, Ordinary Bills  Parliame speaker
nt and
Deputy
Speaker.
Wordin "All the then Type 4 Article 61: Majority of
g members" 2/3rd members of the total
strength of the house. 364 LS, 164
RS. Impeach President.

B. Social & Political Life - Class 6

1. Diversity
a. Inequality comes about when someone doesn't have resources and opportunities that are
available to others. Kesar saga (is a Tibetan national song epic). Indian unity is something
imposed from outside but rather something deeper and within its fold, the widest
tolerance of belief and custom was practiced.
b. Eight major religions in world - every single one practiced in India + 1600 languages.
c. Prejudice - judge other people negatively or see them as inferior. Stereotype - when we
fix people into one image. Discrimination happens when people act on their prejudices or

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stereotypes. Struggle for independence also included people who fought to be treated
more equally (eg - dalits, women, tribals)
d. For writers of Constitution, respect for diversity was a significant element in ensuring
equality.
2. Government (local & administration)
a. Democracy in our times - representative democracies. People don’t participate directly -
choose reps thru elections. +Universal adult franchise.
b. People should be alert and interested in how the country is run. Democratic govt ->
committed to equality & justice which are inseparable.
c. Gram Panchayat = rep from each ward (panch) + sarpanch. Elected for 5 years. Gram
Panchayat secy (appointed by govt) to both GP & GS. Work of Gram Panchayat needs to
be approved by Gram Sabha.
d. Panchayati Raj - first tier of democratic govt. Panchayat Samiti (block level) - many gram
panchayats. Above panchayat samiti - Zila Parishad.
e. Rural administration - patwari/lekhpal keeps land records. Sub division of districts are
called tehsils. Hindu Succession Law Amendment Act 2005 (?)
3. Livelihoods

C. Social & Political Life - Class 8

1. Indian Constitution
a. In 1934, INC made demand for Constituent Assembly, gained momentum during WW2
and convened in Dec 1946. Drafted bw then and Nov 1949. Not all democratic countries
have a written constitution (Israel and NZ). A constitution is the rules that set out how a
country’s government can use its power. Most countries have a single document as their
constitution. 
i. It helps in safeguarding rights of the citizens against misuse by authority.
ii. Prevent tyranny or domination of minority by majority
iii. A little bit inflexible to disallow whims and emotions
299 people were members of Constituents Assembly, including 9 women
b. Key features of Indian Constitution - 284 members were signatories, replaced Indian
Independence Act 1947
i. Federalism - existence of more than 1 level of govt in the country. States draw their
authority from Constitution as well. Indians governed by laws and policies of these
3 levels of govt.
ii. Parliamentary form of govt - universal adult suffrage to encourage democratic
mindset and break clutches of caste, class and gender hierarchies
iii. Separation of powers - 3 organs of state - legislature, executive and judiciary. Each
organ acts as a check on the others. //State represents a political institution that
represents a sovereign people who occupy definite territory.
iv. Fundamental Rights - conscience of Indian Constitution, to protect citizens against
arbitrary and absolute exercise of power by the State. 2 fold objective = every
citizen in position to claim those rights AND rights must be binding upon every
authority that law making power. DPSP - designed to ensure greater social and
economic reform, serve as guide to independent India, help reduce poverty of the
masses.
v. Secularism - means state doesn't officially promote any one religion as the state
religion.
2. Secularism
a. Separation of religion from the state. Why keep em separate? To prevent tyranny of the
majority and abuse of Fundamental Rights. Need to protect right to freedom of religion
b. Indian Secularism - Constitution mandates that Indian state be secular to realize following
objectives
i. One religious community doesn’t dominate another
ii. No domination of members of same religious community
iii. No enforcement of any particular religion or take religious freedom
Govt spaces are not supposed to display or promote any one religion; state makes certain
exceptions for particular communities (no helmet for turbaned Sikhs); state intervention

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to end discriminatory practices. IC grants right to communities to set up their own school
and colleges and gives aid on non-preferential basis.
3. Parliament
a. Basic idea in democracy is that citizen is the most important person and in principle the
govt and public institutions need to have trust of these citizens. Functions of the
parliament
i. To select the national government - parliament in India consists of President, Lok
Sabha and Rajya Sabha. 272 majority in LS to form the govt. Lok sabha important
function - choose the executive. When we say govt, we mean executive.
ii. To control, guide and inform the govt - parliament begins with question hour.
Important way by which Parliament controls the executive.
iii. Law making - next point
b. Out of 543 constituencies, 131 total are reserved. SC - 84 and ST - 47, President
nominates 2 from Anglo-Indians. Only Delhi and Puducherry have their own Legislative
Assembly.
4. Laws
a. Rule of law means that all laws apply equally to all citizens of the country and no one is
above the law.
b. British brought rule of law in India? Disputed claim - (i) Colonial law was arbitrary (e.g.
Sedition Act of 1870, Rowlatt Act 1919) (ii) Indian nationalists played prominent role in
development of legal sphere in British India.
Read? Protection of Women from Domestic Violence Act - provides for the first time in
Indian law a definition of "domestic violence", with this definition being broad and
including not only physical violence, but also other forms of violence such as
emotional/verbal, sexual, and economic abuse. It is a civil law
5. Judiciary
a. Work of judiciary -
i. Dispute resolution - bw citizens, citizen v govt, state v union
ii. Judicial review - final interpreter of Constitution, power to strike down laws
iii. Upholding law and enforcing FRs - citizens can approach HC or SC if FRs have been
violated.
b. Independent judiciary - separation of power hence legislature and executive cannot
interfere in work. Ensure no misuse of power by legislature and executive.
c. Structure of courts - 3 different levels. Most people interact with district courts, presided
over by District Judge. 24 HCs in the country (latest added in 2013, Meghalaya, Manipur
and Tripura). Integrated judicial system - meaning decisions made by higher courts are
binding on the lower courts.
d. PIL - in early 80s devised by SC. Allowed any individual/org to file PIL in HC or SC on behalf
of those whose rights were being violated. Even a letter/telegram to SC/HC could be
treated as PIL (mid day meal is because of PIL).
e. Right to Livelihood part of Right to Life, which is conferred by Article 21. Olga Tellis v
Bombay Municipal Corporation (right to livelihood is part of right to life).
6. Criminal Justice System
a. 4 key players - police, public prosecutor, defense lawyer, judge.
b. Police - not the job of police to decide whether a person is guilty or innocent. Everyone is
subject to law of the land. Article 22 of the Constitution and criminal law guarantees to
every arrested person the following Fundamental Rights:
i. Right to be informed at the time of arrest of the office for which arrested
ii. Right to be presented before a magistrate within 24 hours of arrest
iii. Right not to be ill treated or tortured during arrest/custody
iv. Confessions made in police custody cannot be used as evidence
v. Made <15 and women cannot be called to police station only for questioning
c. DK Basu Guidelines - police officials should wear accurate and visible identification and
name tags with their designations. Memo of arrest at time of arrest, including time and
date of arrest + attested by one witness (can include family) and counter signed by person
arrested. Person detained has a right to inform someone. Police to notify relatives within
8-12 hours of arrest if no one in district. //Legal right to get a free copy of FIR from the
police.
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d. Public Prosecutor - criminal offence is public wrong, not just affected victims but against
society.
e. Judge - Delivers justice depending on what the law prescribes.
f. Fair trial - Article 21 guarantees the Right to life which states that a person's life or liberty
can be taken away following a reasonable and just legal procedure. Fair trial ensures
Article 21 is upheld.
7. Marginalization
a. Adivasis - term means 'original inhabitants' - lived and continue to live in close association
with forests. 8% population in India, heterogeneous group spread across India. Adivasi
societies distinct because very little hierarchy among them, radically different from
communities organized around principles of jati-varna. Santhali language has largest
number of speakers among adivasis. //The adivasi will not dance - Hansda Shekhar.
b. Niyamgiri hill (Kalandi, Odisha) is sacred mountain of Dongarria Konds. In news for their
fight against Vedanta, which wanted to exploit their bauxite rich hills.
c. Muslims are 14% of population. Low access to basic amenities, lowest literacy rates
among major religions, low public employment. These are findings of committee chaired
by Justice Sachar. Debunked myths about number of children in madrasas (only 4%).
d. Marginalization results in having low social status and not equal access to education and
other resources.
e. Article 17 states that untouchability has been abolished, and punishable crime. Article 15
- no discrimination on the basis of religion, race, caste, sex or place of birth. Dalit means
broken. //Soryabai and Chokhamela (Bhakti poet) belonged to Mahar caste.
f. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - ill treatment
and humiliation of Dalits acquired a violent character in late 1970s and 1980s. It
distinguishes several level of crimes - modes of humiliation, actions that dispossesses
them of their resources, crimes against women. 1989 Act is referred to by Adivasi activists
to assert their right to occupy land that was traditionally theirs. Scheduled Tribes and
Other Forest Dwellers (Recognition of Forest Rights) Act 2006.
g. Manual scavenging - refers to practice of removing human and animal waste/excreta
using brooms, tin plates and baskets from dry latrines and disposing it off. Pakhis (AP),
Sikkaliars (TN), Bhangis - names in different parts of country. 1933 - Employment of
Manual Scavengers and Construction of Dry Latrines (Prohibition) Act.
8. Public Facilities & social justice
a. Right to life includes right to water under Article 21. Supply of water in urban areas
should be 135 litres per day - standard set by Urban Water Commission (?). Bhopal Gas
Tragedy - Union Carbide, American company producing pesticides - gas that killed people
was methyl-isocyanite.
D. Class 9
1. Military dictatorship in Chile from 1973-1990. Salvador Allende overthrown by General Augusto
Pinochet. Referendum in 1988 which led to restoration of democracy. Poland - Lech Walesa
mobilized workers into an independent union Solidarnosc in 1980 and victory in free elections
of 1989, Walesa elected president of Poland.
Phases in expansion of democracy - 19th century struggles for democracy around - political
equality, freedom and justice. Universal adult suffrage - NZ was first in 1893. Early democracies
established in Europe, North America, LatAm. UN has 193 members and 2 observer (Holy See
and Palestine).
2. Democracy - form of govt in which rulers are elected by the people. Rulers elected by the
people take all the major decisions. Elections offer a choice and fair opportunity to people to
change current rulers. Choice and opportunity is available to all the people on an equal basis.
Exercise of this choice leads to govt limited by basic rules of constitution and citizens' rights.
a. Democratic govt better because more accountable
b. Improves quality of decision making
c. Provides a method to deal with differences and conflict
d. Enhances dignity of citizens
e. Allows us to correct our own mistakes
3. Constitution of a country is a set of written rules that are accepted by all people living together
in a country. Constitution is the supreme law that determines the relationship among people
living in a territory and also the relationship bw people and govt. A Constitution:
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a. Generates a degree of trust and coordination

b. How govt will be constituted, who will have powers to take which decisions
c. Lays down limits on the powers of govt and tell us right of the citizens
d. Expresses the aspirations of the people about creating a good society
All countries that have constitutions are not necessarily democratic. Vice versa is also true
(Israel, NZ). India has longest constitution.
Making of Indian Constitution -
British left it to rulers of princely states to decide whether they want to merge with India or
Pakistan or remain independent. Our national movement was not merely a struggle against a
foreign rule, also a struggle to rejuvenate our country to transform our society and politics. First
draft of constitution by Motilal Nehru (+8) in 1928. Some basic values were accepted by all
leaders much before Constituent Assembly met to deliberate.
Experience gained by Indians in the working of legislative institutions proved to be very useful
for the country in setting up its own institutions. Indian constitutions adopted many details and
procedures from colonial laws like Government of India Act, 1935. Leaders were inspired by -
ideals of French revolution, practice of parliamentary democracy of UK and Bill of Rights in
USA.
Constituent Assembly- elections to constituent assembly were held in July 1946. First meeting in
Dec 1946. Deliberated 114 days over 3 years. 299 members wrote the current Constitution -
229 were provinces (UP, Madras had the highest representation) & 70 princely states. (284
signed - 24 Jan, last day), Gandhi wasn't a member. Adopted on 26 Nov 1949 and in effect from
26 January 1950. Limitations of CA - not elected, dominated by INC members.
Philosophy of the Constitution - embedded in Preamble of the Indian Constitution - short
statement of basic values of Constitution. Guides all the articles of Indian Constitution and is its
soul. Preamble is an American inspiration. Beohar Rammanohar Sinha did illustrations in the
original final manuscript of Constitution of India and Preamble. Calligraphy was done by Prem
Behari Narain Raizada.
Preamble -
a. We the people of India - constitution has been drawn up and enacted by the people
through their representatives and not handed down to them
b. Sovereign - people have supreme rights to make decisions on internal as well as external
matters
c. Socialist - wealth is generated socially and should be shared equally by society
d. Secular - people have freedom to follow any religion
e. Democratic - form of govt where people enjoy equal political rights, elect their rulers and
hold them accountable
f. Republic - head of state is an elected person and not a hereditary position
g. Justice - citizens cannot be discriminated, social inequalities have to be reduced, govt to
work for welfare of all
h. Liberty - no unreasonable restrictions on the citizens
i. Equality - all are equal before the law
j. Fraternity - no one to treat fellow citizen as inferior.
Important personalities from Constituent Assembly: first cabinet (interim)
a. Vallabhbhai Patel - played decisive role in integration of princely states. Deputy PM
(Home, I&B)
b. Abul Kalam Azad - not born in India, opposed Muslim separatist politics. Education
Minister.
c. TT Krishnamachari - Finance Minister.
d. Rajendra Prasad - president of constituent assembly. Champaran satyagraha. President.
e. Jaipal Singh - Captain of first national hockey team, founder president of Adivasi Maha
Sabha, Jharkhand party
f. HC Mukherjee - vice chairman of constituent assembly, governor of WB
g. G Durgabai Deshmukh - founder of Andhra Mahila Sabha, Central Social Welfare Board
h. Baldev Singh - Panthic Akali Party, Defence Minister.
i. KM Munshi - Founder of Swatantra Party.
j. BR Ambedkar - Founder of Republican Party of India, Law Minister.
k. Shyama Prasad Mukherjee - founder president of Bhartiya Jansangh
l. Jawaharlal Nehru - Socialism, democracy and anti-imperialism, first Prime Minister.
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m. Sarojini Naidu - Foremost women leader, governor of UP

4. Electoral politics
a. Elections make the voters to - choose who will make law for them, who will form the govt
and whose policies will guide the govt and law making. Most non -democratic countries
also hold some kind of elections.
b. Right to vote - these people can't: prisoners/lawful custody, (preventive detention can
vote) Section 62 of RP Act 1951, unsound mind, non-citizens, registered in 2 or more
constituencies, convicted under certain offences (till six years after sentence
completion).
c. Right to contest - 25 years of age (lower house), 30 years (upper house) 21 years
(panchayat/municipality), citizen of India, registered as a voter, not jailed for more than 2
years. Less 1/6 of votes polled = lose deposit, if in jail can contest (2013). Candidates
need to declare - criminal cases, details of assets of family + self, education qualifications.
NOTA (PUCL judgment)
d. Model code of conduct - not use any place of worship for election propaganda, not use
govt resources, once elections are announced no big policy decisions, appeal to them in
name of caste and religion, bribe or threaten them, 25 lakhs (MP) 10 lakhs (MLA)
spending limit. //paid news is not electoral offense yet, EC has been disqualifying
representatives based on not showing it in accounts.
e. Election Commission of India - constitutional body, holds elections for LS, RS, state
legislative assemblies & office of President and VP. Any dispute relating to the conduct
and management of elections have to placed before the Election Commission of India.
However, any dispute with respect of LS, RS, and State Elections have to be placed
before respective High Courts. Articles 324 – 329 mention the Election Commission of
India and contain all the relevant provisions.
State EC (one member) does for local govt bodies and is constitutional as well (Article
243)
i. Operates under Article 324 and RP Act. Enjoys same kind of independence that
judiciary enjoys. CEC is appointed by President on advice of council of ministers, 6
years of 65 age
ii. 3 member commission since 1989. CEC can be removed with 2/3 majority in both
houses on proven grounds of misconduct. Other 2 by President on reco of CEC. CEC
has no extra power than the other EC.
iii. When on election duty, govt officers work under control of EC. There's a Chief
Electoral Officer in every state.
iv. Functions - (1) prep of updated voters list which is error free (2) determines timing
of elections and prepares the election schedule (3) Implements model code of
conduct, can order re-poll, recount, postpone, cancel (4) EC accords recognition to
political parties and assigns symbols
5. Working of institutions
a. President is head of the state and highest formal authority in the country. Prime Minister
is head of government and actually exercises all governmental powers. Parliament has 2
houses - PM needs majority support from LS.
b. Commissions in India -
i. Kalelkar Commission (Article 340) - first backward classes commission.
ii. Mandal Commission (Article 340) - second backward classes commission. Was
asked to determine the criteria to identify the socially and backward classes and
recommend steps to be taken for advancement. Gave 27% of jobs to socially and
educationally backward classes.
iii. Led to Indra Sawheny judgment where SC upheld the action, reservation not to
exceed 50%. No reservation in promotions -> Govt inserts article 16(4) to provide
for reservations in promotions for SC/ST. SC upheld it in Nagraj case but State must
satisfy (a) backwardness of particular group (b) inadequate representation of the
said group c) maintain efficiency of administration. 117 amendment is pending in LS
which says (1) all notified SC/ST are backward (2) overrides Article 335 - claim
balanced with maintaining efficiency
iv. Article 15(4) & 15(5) - 1st amendment 1951 - are foundation bricks of reservation
policy in India - state was empowered to make special provisions for the
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advancements of any socially and educationally backward classes of the citizens or

for the SCs and STs.
v. Article 14 - right to equality, article 15 - right against discrimination, article 16 -
equality to opportunity
c. Why parliament important - (1) final authority for making laws (2) run the govt (3) control
all the money govt has (4) highest forum for debate. President is a part of the parliament
as he approves bill but without being a member of either house. Vice-President is not a
member of either House of Parliament or of a House of a Legislature of any state.
i. Lok Sabha - maximum strength of 552 as per Constitution. 530 to represent states,
20 for UT, 2 for Anglo-Indians. Quorum is 10% of total membership. Term is 5 years,
during Emergency can be extended by law for 1 year and dissolved within 6 months
after Emergency has ended. Delimitation Commission - to redraw boundary of
constituencies after every census but suspended since 1976 following amendment
to avoid adverse effects on family planning. Lok Sabha controls the council of
ministers.
ii. Emergency has been declared 3 times in India since independence. President can
declare - national (352), state (356) or financial emergency (360). Under advice of
council of ministers (union cabinet must submit in writing) headed by PM and
powers vested in Part XVIII of Constitution. LS+RS must approve it within 30 days
voting separately in special majority. Goes in 6 month increments. Right to Life and
personal liberty can't be suspended as per original constitution.
1. State Emergency - every state except Chhattisgarh and Telangana has been
under President's rule. It has to be approved by Parliament within 2 months.
2. Financial emergency - reduce salaries of govt officials, including judges.
Fundamental rights cannot be suspended.
iii. Rajya Sabha - maximum of 250, current laws - 245. Members have 6 year terms,
1/3 retiring every 2 years. Not subject to dissolution, but can sessions can be
prorogued by President, just like LS. Single transferable votes by state legislatures -
ranked voting. RS powerless on money bills - can't introduce, amend or stall (14
days to return the bill, else passed). No power to bring no-confidence motion
against the govt. Powers - (1) no law on matter reserved for states without 2/3
special majority of RS (2) creation of all India service.
iv. Joint session - chaired by the Speaker of Lok Sabha. Convened by the President on
advice of the government which already has a majority in Lok Sabha, the joint
session is usually convened to get bills passed through a Rajya Sabha in which the
government has a minority. 1961 Dowry Prohibition, 1978 Banking Services
Commission, 2002 Prevention of Terrorism.
d. Political executive - permanent and political. Political executive consists of Union Council
of Minister - cabinet minister, minister of state, deputy ministers. Union cabinet = PM +
cabinet ministers.
i. Prime Minister - can dismiss ministers. Any minister not part of LS or RS for 6
consecutive months is automatically removed from ministerial post. Total number
of council of ministers = 15% of total house membership of both houses.
ii. President - head of state, supervises overall functioning of all political institutions,
indirectly elected. All government activities take place in name of the President. All
treaties and agreements in the name of the President. Supreme Commander of
defense forces.
iii. Supreme Court - guardian of the Fundamental Rights, interpreter of the
Constitution, ruled that basic principles of Constitution cannot be changed by
Parliament. 31 members (2008 revision, original 8).
1. Appointment - judge of HC for >5 years, advocate in HC for 10 years,
distinguished jurist in President's opinion. Max 65 years, can't practice law in
India after that. Collegium consists of - CJI + 4 senior SC judges + 1 senior
most HC judge from prospective appointee
2. Removal - proven ground of misconduct or incapacity signed by 100 members
(LS) or 50 members (RS) passed by 2/3 majority in both houses
6. Democratic Rights -

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a. Guantanamo Bay (denying rights to other citizens) & Saudi Arabia (own citizens) -
instances of profound human right abuses in recent past.
b. Rights are claims of a person over other fellow beings, over society and over govt. A right
is possible when it equally possible for others to get. Rights acquire meaning only in
society. Rights are claims of persons recognized by society and sanctioned by law. 6
fundamental rights (mentioned in Constitution).
i. Right to equality - govt shall not deny to any person equality before the law. Called
rule of law. No discrimination on any basis. Equality means giving everyone an
equal opportunity to achieve whatever one is capable of (positive discrimination,
affirmative action).
ii. Right to Freedom - absence of constraints in our affairs by others. Freedom of
speech and expression (not to instigate violence, rebellion against state,
defamation), assembly in a peaceful manner, form associations and unions, move
freely throughout the country, reside in any part of the country, carry on any
occupation. No person can be deprived of life or personal liberty except according
to procedure established by law.
iii. Right against exploitation - constitution mentions 3 specific evils - traffic in human
beings, forced labor or begar (worker forced to render service master for
free/nominal charge), child labor.
iv. Right to Freedom of Religion - Secularism is based on the idea that State is
concerned only with relations among human beings and NOT with relation among
human beings and God. Secular state = no official religion. Doesn't mean forced
conversion is allowed.
v. Cultural and educational rights (Article 29 & 30) - working of democracy gives
power to democracy - hence no special rights to majority. (1) citizens with distinct
language and culture have right to conserve it (2) govt or govt funded educational
institutions can't deny citizens on the ground of language or religion (3) all
minorities have right to establish educational institutions (including language
minorities).
vi. Right to constitutional remedies (Article 32) - heart and soul of constitution as
declared by Ambedkar. FRs are guaranteed against actions of legislature, executive
and any other authority. SC and HC has power to issue writs for enforcement of FRs.
Any person can move the court if social or public interest through PIL.
c. Certain rights like right to freedom of press, right to information and right to education
(flowed from right to freedom of thought and expression) are derived from the
Fundamental Rights. Right to property and right to vote are constitutional rights (not
FRs).
d. International Covenant on Economic, Social and Cultural Rights - multilateral treaty
adopted by UNGA signed 1966. Right to work, right to safe working conditions & fair
wages, right to adequate food and standard of living, right to social security and
insurance, right to health, right to education. India has signed and ratified.
E. Class 10
1. Power sharing
a. Ethnic groups may not necessarily have same religion or nationality. Sri Lanka got
independence from British in 1948 and was on a path of majoritarian rule. Established
Sinhala as the only official language, followed by discrimination in govt jobs and university
posts, marginalizing Tamils.
b. Why power sharing is good - (1) reduce possibility of conflict bw social groups (prudential
reason) (2) share power with those who have to live with its effects (moral reason). Basic
principle of democracy - people are the source of all political power. Power sharing forms
in modern democratic set up is among - (1) different organs of govt (2) govt at different
levels (3) different social groups (4) pressure groups & movements
2. Federalism
a. Federation - power divided bw central authority and various constituent units, Unitary -
only one level or sub-units are subordinate to the central govt. Key features - Different
tiers of govt govern same citizens but each tier has own jurisdiction in specific matters.
Existence and authority of each tier of govt is constitutionally guaranteed. Changes can't

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be made unilaterally. Sources of revenue specified. Courts as umpires. Safeguard and

promote unity + accommodate regional diversity.
b. 'Coming together' federations vs 'holding together federation. Federation of states (USA)
vs Union of states (India). Constitution declares India as a union of states, word
federation is not used but based on federalism principles. Panchayati Raj formalized in
1992 with73rd amendment (except in Naga, Mizo, Megha + Delhi). 1/3 reservation for
women. State Election Commission conducts panchayat and municipal elections.
Independent officer, constitutional post, not linked or under ECI.
c. Union list - defense, foreign affairs, banking, communications, currency.
State list - police, trade, commerce, agriculture, irrigation
Concurrent list - education, forest, trade unions, marriage, adoption, succession.
Residuary - anything not on the three lists. Special status to States under 370 & 371.
Union territories - too small to be a state and couldn't be merged with existing states.
d. State boundaries were changed / new states were created - people who spoke same
language lived in same state OR to recognize differences based on culture, ethnicity,
geography. Constitution doesn't give national language status - official language of
Government of India are Hindi and English. // Every person submitting a petition for the
redress of a grievance to a government officer or authority has a constitutional right to
submit it in any language used in that state.
e. Article 344 & 351 - 22 Languages in Eight Schedule. Original 14, then +1 (Sindhi) +3+4
(Bodo, Dogri, Maithili, Santhali 2003) =22. Govt under obligation to develop these
languages (not English because not in this list).
f. Decentralization - when power taken away from Central & State govt and given to local
govt. Panchayat works under overall supervision of gram sabha. Has to meet at least 2-3
times a year to approve annual budget and review performance.
3. Democracy & Diversity
a. Civil Rights Movement (1954-1968) - set of events & reform movements aimed at
abolishing legal racial discrimination against African-Americans led by Martin Luther King
Jr (killed by James Earl Ray). Non-violent method of civil disobedience. //We have
different identities in different context.
b. Social division takes place when some social difference overlaps with other differences,
which might create conflict. Cross cutting social differences are easier to accommodate .
//Romani people are nomadic (Gypsies) originated in NW India around 1000 years ago,
were mostly Dalits.
c. 3 factors crucial in deciding outcome of politics of social divisions - (1) how people
perceive their identities (2) how political leaders raise demands of any community (3)
how govt reacts
4. Gender, caste & religion
a. Gender division is based on social expectations and stereotypes. Sexual division of labor
leads to half of humanity's role in public sphere diminished. Paid work leads to work
being visible. Sex ratio of India is 940 (Kerala top, Haryana bottom - only states). Literacy
rate of females at 65%, male 82%. Women in Lok Sabha - 11% (Rwanda, Bolivia tops
btw)
b. Communal politics - based on idea that religion is principal basis of social community.
Sachar committee 2005 (socio economic condition of Muslims)
c. Caste division is special to India, casteism - rooted in belief that caste is sole basis of social
community. Hereditary occupational division was sanctioned by rituals.
i. No parliamentary constituency has clear majority of 1 single caste. No party wins all
votes of a caste.
ii. How caste gets politicized - include sub castes to become bigger group, 2 similar
castes combining forces, backward + forward caste
5. Popular struggles & movements
a. Nepal - struggle for democracy against King Gyanendra. Bolivia - water war. Democracy
evolves through popular struggles, democratic conflict is resolved through mass
mobilization, many agencies of organized politics.
b. Pressure groups - organizations that attempt to influence govt policies but do not aim to
control or share political power. Movements do the same thing but have a looser

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organization (spontaneous mass participation). Sectional interest groups and public

interest groups - self explanatory.
c. How pressure groups influence - gain public support, organize protest activity.
Relationship bw pressure groups and political parties can take different forms - political
extension (Bhartiya Kisan Sangh), political parties out of a movement (AAP). When
different groups function actively, no one single group can achieve dominance -> balance
of power.
6. Political parties -
a. EC has banned wall writing & defacement of govt offices, allowed for banners et al in
other places.
b. What to parties do?
i. Contest elections, devise policies and programs, law making, form and run govts,
play role of opposition, shape public opinion.
ii. Rise of political parties is directly linked to emergence of representative
democracies.
iii. Any democratic system must allow at least 2 parties to compete for power. In India,
we have multi party system.
c. National party - any of 3 criteria fulfilled (a) at least 2% seats (11 seats) in LS from at least
3+ states. (b) 4 LS seats + 6% of valid votes (general or assembly) in 4+ states (c) State
party status in 4+ states.
i. National party is entitled to a reserved symbol for its candidates contesting from
across the country, dedicated broadcast slots on public broadcasters Doordarshan
and All India Radio during the general elections.
ii. National party can have a maximum of 40 ‘star campaigners’ while a registered
unrecognized party can nominate a maximum of 20 ‘star campaigners’, (whose
travel expenses are not accounted for in the election expense accounts of
candidates), require only one proposer to file their nominations and are entitled to
two sets of electoral rolls free of cost.
d. State party - (a) 3% vote/3 seats in Assembly (b) at least 1/25 LS seat allotted to that state
c) 6% of valid (LS or assembly) + >1 (LS) or >2(Assembly) seats (d) 8% of votes + 1 seat
e. Challenge to political parties - lack of internal democracy, dynastic politics, money and
muscle power, don't offer meaningful choice.
f. Party reforms - Anti defection, affidavit submission, file tax returns of candidates.
Suggested reforms - regulation by law of internal affairs, women representation in parties
made compulsory, state funding of elections in kind, electoral bonds.
7. Outcomes of Democracy
a. Why democracy better - promotes equality, enhances dignity, quality of decision making,
conflict resolution, room to correct mistakes. Democracy can only create conditions for
achieving something, citizens need to take advantage.
b. The fact that people are complaining is testimony to the success of democracy.
8. Challenges to democracy
a. Common challenges - foundational challenge (Venezuela), challenge of expansion (Sri
Lanka), Deepening of democracy (India).
F. Class 11 - Indian Constitution
1. Constitution - why and how
a. Functions
i. First function of constitution is to provide a set of basic rules that allow for minimal
coordination amongst members of a society.
Second function is to specify who has power make decisions in society, decides how
govt will be constituted. Authority that constitutes govt in first place.
ii. Third function is to set limits on what govt can impose on its citizens, limits are
fundamental as govt may never trespass them.
iii. Fourth function is to enable govt to fulfil inspirations of a society and create
conditions for a just society.
iv. Fifth function is to express the fundamental identity of people (political, moral
identity). People as a collective entity come into being only through the basic
constitution.

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b. Constitution is a compact document that comprises a number of articles about state,

specifying how it is to be constituted and what norms it should follow. UK doesn't have a
Constitution, rather unwritten or uncodified. Indian constitution drew enormous
legitimacy because it was drawn up by people who had immense public capacity. Indian
constitution was never subjected to a referendum.
No Constitution by itself achieves perfect justice, but convinces people that it provides
the framework for pursuing basic justice. Fragmenting power across different institutions
to ensure no one acquires monopoly of power.
c. Constitutionalism is a political philosophy based on the idea that government authority is
derived from the people and should be limited by a constitution that clearly expresses
what the government can and can’t do.
d. Constituent Assembly - members chosen by indirection election by members of provincial
legislative assemblies (est under GOI Act 1935), composed along the plan proposed by
British, known as Cabinet mission. 1:1 million representation ration. 292 from British India
+ 93 from princely states. Seats divided bw Generals, Sikhs and Muslims in proportion to
population. Proportional representation through single transferable vote. Liberty,
equality and fraternity are holy trinities, can't exist without the other.
e. Post partition, 299 members. 26 Nov 1949 adopted, 284 people signed on 24 Jan 1950
(last day). Authority of constitution - broadly not perfectly representative, principle of
deliberations with public reasoning. Universal adult suffrage - passed without virtually any
debate (21 age). Inheritance of national movement - CA was giving concrete shape and
form to principles inherited from nationalist movement. Summary of principles that
national movement brought is best encapsulated in Objectives Resolution (Nehru 1946),
basis of equality, liberty, democracy, sovereignty and cosmopolitan identity.
f. Provision adopted from different countries
i. British - first past the post, parliamentary form, idea of rule of law, institution of
speaker and her role, law making procedure
ii. USA - charter of fundamental rights, power of judicial review and independence of
judiciary
iii. Irish - DPSP
iv. French - principles of Liberty, equality & Fraternity
v. Canada - Quasi-federal form (strong center), residual power.
vi. Others - Emergency (Germany), Amendment (South Africa), Fundamental Duties
(Soviet), Trade bw states & concurrent list (Australia).
g. Other facts - longest written constitution of a sovereign country, it imparts constitutional
supremacy and not parliamentary supremacy. Parliament cannot override the
constitution. B. N. Rau was appointed as the Constitutional Adviser to the Constituent
Assembly in formulating the Indian Constitution in 1946.
h. Constitution - Preamble with the words "socialist", "secular" and "integrity" added to it in
1976 by the 42nd constitutional amendment
i. Part 1 - Union and its territory
ii. Part II - Citizenship
iii. Part III - Fundamental Rights
iv. Part IV - DPSP, Part IVA - Fundamental Duties
v. Part V - legislature and executive of the Union
vi. Part VI - The States
vii. Part VII - repealed in 1956 (Part B states)
viii. Part VIII - Union Territories
ix. Part IX - Panchayats, Part IXA - Municipalities, Part IXB - Co-op societies
x. Part X- scheduled & tribal areas
xi. Part XI - Relation bw union and states
Schedules
i. First Schedule - Articles 1 to 4 - lists the states and territories of India, lists any
changes to their borders and the laws used to make that change
ii. Second Schedule - Articles et al -  lists the salaries of officials holding public office,
judges, CAG
iii. Third Schedule - various articles - forms of oaths
iv. Fourth Schedule - allocation of seats of RS
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v. Fifth Schedule - Scheduled Areas & Tribes, administration and control.

vi. Sixth - administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Gorkhaland Territorial Administration is constituted under this.
vii. Seventh - union, state, and concurrent lists of responsibilities
viii. Eighth - official languages
ix. Ninth - Validation of certain Acts and Regulations
x. Tenth - anti defection laws
xi. Eleventh - rural local bodies, PRIs
xii. Twelfth - urban local bodies, Nagarpalika
President's rule - under Article 356. President to dismiss a state government and assume
direct authority when a situation has arisen in which the Government of the State cannot
be carried on in accordance with the provisions of the Constitution. Led to SR Bommai
judgment, declared that federalism is a basic feature of the Constitution and States are
supreme in their sphere.
Amendment - under Article 368 - amendment bill must be passed by each House by a
majority of the total membership when at least two-thirds members are present and
voted. Federal amendments must be ratified by a majority of state legislatures. No
provision for joint sitting.
2. Rights in Indian Constitution
a. Right to Equality -
i. Equality before law and equal protection of laws
ii. Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth. Includes equal access
iii. Equality of opportunity in public employment
iv. Abolition of untouchability
v. Abolition of titles
vi. Article 16(4) says reservation will not be seen as a violation of right to equality.
b. Right to Freedom
i. Protection of right to freedom of speech and expression, assemble peacefully, form
associations/unions, move freely, reside and settle anywhere, practice any
profession
ii. Right to life and personal liberty (Article 21). SC expanded scope to include to live
with human dignity, free from exploitation, right to shelter and livelihood.
iii. Right to education is a fundamental right 6-14 years.
iv. Protection against arrest and detention in certain cases. Preventive detention can
be extended only for 3 months.
v. Rights of accused - (1) no person will be punished for same offense more than once
(2) no law shall declare any action illegal from backdate (3) no personal shall be
asked to give evidence against himself
c. Right against exploitation
i. Prohibition of traffic in human beings and forced labor
ii. Prohibition of employment of children in hazardous jobs
d. Right to freedom of religion
i. Freedom of conscience and free profession and practice (not unlimited right).
Constitution doesn’t allow forcible conversions.
ii. Freedom to manage religious affairs
iii. Freedom to pay taxes for promotion of any particular religion
iv. Freedom to attend religious instruction or worship
e. Cultural and educational rights
i. Protection of language, culture of minorities
ii. Right of minorities to establish educational institutions
f. Right to constitutional remedies
i. Right to move courts to issue directions/writs for enforcement of rights.
ii. SC and HC can issue orders and give directives to govt for enforcement of rights.
1. Habeas corpus - court orders that arrested person be presented before it. Or
set free an arrested person.
2. Mandamus - office holder not doing legal duty
3. Prohibition - by HC or SC when lower court goes beyond its jurisdiction
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4. Quo warranto - holding office but not entitled

5. Certiorari - lower court or authority to transfer a pending matter to higher
court or authority
iii. National Commission on Minorities
iv. National Commission on Women
v. National Commission on Scheduled Castes
vi. National Human Rights Commission - 1993 statutory body. CJI, SC judge, CJHC + 2
members. No persecution power.
g. Directive Principles of State Policy - Constitution didn't want to bind future govt by certain
policy decisions. Hence, guidelines in constitution which aren't legally enforceable. Mainly
3 things
i. Goals & objectives we as a society should adopt
ii. Rights that individuals should enjoy apart from FRs
iii. Certain policies that govt should adopt.
Fundamental duties - 42nd amendment 1976. 10 duties enumerated but no enforcement.
Not dependent on FRs.
Right to property - earlier constitutional right, then legal right (44th amendment 1978
under article 300A).
3. Election and representation
a. Direct democracy - e.g. Greece city states & gram sabha of panchayats. Indirect -
necessary for large democracy. Constitution of a democratic country lays down some
basic rules about elections.
b. First past the post system - whoever has more votes than all other candidates is declared
elected. Method also called plurality system, prescribed by Constitution.
c. Proportional representation - each party allotted share of seats in parliament in
proportion to its share of votes. Each party fills quota of seats by picking nominees from a
pre-declared list.

FPTP PR
Country divided into small Large geographical area demarcated as
geographical units called constituencies. Entire country may be one.
constituencies
d. Every constituency elects one More than one representative may be elected
representative from one constituency.
Voter votes for a candidate Voter votes for the party
Party gets more seats than share of Party gets seats in proportion of votes polled
votes
Candidate wins without getting Candidates who wins elections gets majority of
majority votes votes

e. PR in Rajya Sabha - single transferable votes. State has specific quota of seats. Voters are
MLAs of that state. Candidates ranked according to preference. Minimum votes needed =
[Total votes polled/(candidates to be elected+1)+1].
If after first preference votes fail to fulfil quota, lowest voted 1st preference candidate
gets voted out, and her votes are transferred to 2nd preference.
Why India chose FPTP - simple for the illiterate electorate at that point. Accountability of
MP/MLA. Choice bw parties and candidate both. Stable govt with clear majority. FPTP
system encourages voters from different groups to come together.
f. Reservation of constituencies - 84 for SC and 47 for ST. Delimitation Commission decides
(1) which constituency is to be reserved. Appointed by President of India, and works with
EC. Draws up boundaries of constituencies. Reservation of seats in every state is in
proportion of SC or ST in that state. Those constituencies which have highest proportion
of ST population are reserved for ST. For SC - same as ST + spreads these constituencies in
different regions of the state and rotate them in every cycle.

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i. Delimitation Commission - orders cannot be challenged in a court of law. The orders

are laid before the Lok Sabha and the respective State Legislative Assemblies.
Modifications are not permitted.
ii. The present delimitation of parliamentary constituencies has been done on the
basis of 2001 census figures under the provisions of Delimitation Act, 2002.
However, the Constitution of India was specifically amended in 2002 not to have
delimitation of constituencies till the first census after 2026.
g. Universal franchise and right to contest - 1989 reduced age of voting to 18. EC (detailed
read above).
h. Electoral reform ideas - PR system, 1/3 reservation to women, role of money - state funds
and electoral bonds, criminalization of politics, ban of caste and religious appeals,
transparency of political parties.
4. Executive -
a. Organ of govt that looks after function of implementation and administration is executive.
Executive often involved in framing of policy. Heads of govt and ministers with overall
responsibility of govt policy are together known as political executive and those
responsible for day to day management are permanent executive.
Types of executive

Parliamentary Semi-presidential Presidential

Head of govt is PM/Chancellor Head of govt is PM President is
head of govt
Leader of majority party in Legislature President may force President
cabinet to resign directly elected
by the people
Accountable to legislature PM & council are Not accountable
responsible to legislature to legislature
Head of state maybe monarch President as head of state, President is
(constitutional monarchy) or president popularly elected. Not head of state
(republic). CEREMONIAL. ceremonial.
India, UK, Portugal, Italy France, Russia, Sri Lanka USA, Brazil, and
most LatAm
countries

Parliamentary executive in India - when Constitution written India had already gained
experience of running parliamentary system through Acts of 1919 and 1935. Alternative
presidential form of govt was rejected because - single of source of all executive power &
danger of personality cult. Parliamentary form has many safeguards to ensure executive is
answerable to legislature.
b. President - Constitution vests executive power of Union formally in him/her, exercised
through council of ministers headed by PM (Article 74). President is elected indirectly - by
MLAs and MPs, principle of proportional representation with single transferable vote
(STV).
i. Impeachment of president - nominated members can participate (can't in election).
MLAs can't participate (do in elections). He may terminate his own term by writing
a resignation addressed to Vice president. He can be removed from the office ONLY
by impeachment due to violation of Constitution by Parliament. He is eligible to re-
elect for the same office for unlimited times. CJI becomes acting president if P & VP
both out.
ii. Disputes - All doubts or disputes arising out of election are decided by the Supreme
Court which is the only authority which can do so. Petition can be filed by any
candidates or any 20 or more electors as joint petitioners. 
iii. President has right to be informed of all important matters and deliberations of
council of ministers. Further - (1) ask to reconsider (2) veto bills except money bills,
but may pocket veto (only used by Gyani Zail Singh, 1986 Indian Post Office

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amendment, APJ has used suspension veto) (3) appoint PM in case of unclear
majority.
c. Prime Minister - support of majority in Lok Sabha essential. PM and all ministers have to
be members of parliament, within six months if not already. Number of ministers in
center/state limited by 91st amendment, restricting it to 15%, Delhi & Puducherry 10%.
Executive is routinely under control of Legislative. Council of ministers cannot exist
without the PM, automatically dissolves if PM resigns. PM is lynchpin of govt - Nehru.
d. Why was coalition bad - (1) discretionary role of president in choosing PM (2) erosion of
PM authority (3) restrictions on PM executive decisions due to alliance considerations (4)
policy paralysis
e. Governors and lieutenant-governors are appointed by the President for five years on
advice of central govt. L-G is in Delhi, Puducherry and A&NI. Primary function of the
governor is to preserve, protect and defend the constitution and the law as incorporated
in his/her oath of office. No provision for impeachment.
f. Bureaucracy - Administrative or permanent executive cannot act in violation of policies
adopted by legislature. Expected to be politically neutral.
i. UPSC -  The commission reports directly to the President and can advice the
Government through him. Charter in Part XIV of Constitution. Members are elected
for 5 years or 65 age which is earlier. Removal is subject to enquiry under SC judge.
5. Legislature
a. Parliament (legislature) is center of all democratic political process. Basis of
representative democracy is that legislature helps people in holding the representatives
accountable. It is the most representative of all organs of govt. Vested with power to
choose and dismiss govt.
b. Two houses of legislature is bicarmel legislature - Council of States (Rajya Sabha) & House
of People (Lok Sabha). Constitution has given states option to choose bw unicameral or
bicameral legislature. 7 states have bicarmel ones (Vidhan Parishad) - UP, Bihar, J&K,
Telangana, Andhra, Maharashtra, Karnataka. Bicameralism helps in - wider representation
and double check on decisions.
c. Rajya Sabha - represents states of India, indirectly elected body. Residents of state elect
members to State Legislative Assembly who in turn elect members of Rajya Sabha. 2
principles of representation - equal representation to all (symmetrical representation) or
according to population. India follows tweaked model, number of members from each
state are fixed by 4th Schedule of Constitution.
i. Elected for 6 year terms, can get re-elected. Every 2 years, 1/3 members complete
their term. RS is, thus, never dissolved and called permanent House of the
Parliament. Advantage - when LS is dissolved and elections yet to take place, RS can
conduct urgent business. RS has 12 nominated members who President nominates,
from the different walks of life.
d. Lok Sabha - directly elected by the people. Entire country divided into territorial
constituencies of roughly equal population. LS can be dissolved if no party or coalition can
form the govt or PM advises President to dissolve LS and hold fresh elections.
e. Functions of parliament -
i. Legislative - merely approves the bill, drafting is by bureaucracy and concerned
minister. Major bills are introduced in Parliament with approval of Cabinet.
ii. Control of executive - ensures executive doesn't overstep its authority
iii. Financial - powers involve grant of resources to govt to implement its program.
Govt gives the account through budget and other annual financial statements.
iv. Representation - represents divergent views of members from different
backgrounds
v. Debating - highest forum of debate, members free to speak on any matter without
fear (parliamentary privilege) and exercise effective control over executive.
vi. Constituent - power of discussing and enacting amendments to the Constitution
vii. Electoral - Elects president and vice president
viii. Judicial - removal of president, vice President, judges of high court and supreme
court.
f. Powers of two houses

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Lok Sabha Rajya Sabha

Laws on union and concurrent list, Proposals Considers and approves non
for taxation, budgets and financial money bills, and suggests on
statements money bills
Approves constitutional amendment Approves constitutional
amendments
Controls the executive Controls the executive -
i. somewhat
Elects - President and VP Elects - president and VP.
Removes - president (including nominated), Removes - president, VP (only RS
VP, judges of SC & HC can initiate), judges of SC & HC.
Establishes committees, commission and Gives LS power to make laws on
consider reports. matters in state list - special
powers
Removing a govt and controlling the finances
- special powers

g. Types of bills - large part of bill discussion takes place in committees (miniature
legislatures) and recommendation of committee is sent to the House.
i. Govt bills - When introduced by minister of the govt.
ii. Private members bill - when introduced by member other than a minister.
iii. Money bill (Article 109) - only introduced in Lok Sabha after recommendation of
President. RS can either approve or suggest changes but can't reject. No action
within 14 days means deemed to have passed.  Appropriation Bill and Annual
Financial Bill (Budget).
iv. Financial bill - Bill dealing with revenues or expenditure but not certified as money
bill by the Speaker. Only introduced in Lok Sabha on the recommendation of the
President.
v. Ordinary bill - other than money, financial or CA bills. Introduced in either houses
without recommendation of President.
vi. Constitutional Amendment bill - bill can be introduced in any of the two Houses
without recommendations of President. Obligatory for the president to give his
assent
h. How legislators control Parliament?
i. Discussion -

Question Hour: The first hour of every sitting of Parliament is generally reserved for
the asking and answering of questions.
Zero Hour: The time immediately following the Question Hour has come to be
known as "Zero Hour". Starts at 12 noon (hence the name) and members can, with
prior notice to the Speaker, raise issues of importance during this time. Typically,
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discussions on important Bills, the Budget, and other issues of national importance
take place from 2pm onwards.
ii. Approval and ratification of bills
iii. Financial control - preparation and presentation of budget for approval of
legislature is constitutional obligation of govt.
iv. No confidence motion - only in LS.
i. Parliamentary Committees-  permanent and regular committee which is constituted
according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of
Business. 2 types - standing or ad hoc. Out of the 19 Standing Parliamentary Committees,
three are Financial Committees viz. Committee on Public Accounts, Committee on
Estimates and Committee on Public Undertakings. Ad hoc committees are temporary and
created for specific task such as MPLADS.
Joint Parliamentary Committees - are ad hoc committees. Formed when motion is
adopted by both houses OR speaker and chairman of both houses agree.
j. Anti-defection - if member remains absent in House when asked by leadership or votes
against party whip or voluntarily leaves membership of party is defection. 52nd
Amendment is anti-defection amendment and law was in 1985. Defected member may
lose membership of the house and disqualified from holding any political office. 2/3rd of
faction needs to leave to escape anti-defection laws.
6. Judiciary
a. Idea of rule of law implies - everyone is subjected to same law. Ensures democracy
doesn't give way to individual or group leadership. Independence of judiciary means -
other organs of govt must not restrain functioning of judiciary, or its decisions, and judges
are able to work without fear or favor. Judiciary is accountable to Constitution,
democratic traditions and people of country.
b. How is judiciary independent? (1) Legislature is not part of process of appointment (2)
fixed tenure so they can work without fear or favor (3) difficult process in removing (4)
Financially not dependent on legislature or executive, Constitution provides salaries and
allowances of judges not subjected to approval of legislature (5) Power to penalize those
are in contempt (protection from unfair criticism)
c. Appointment of judges - collegium system, which appoints judges to the nation's
constitutional courts, has its genesis in, and continued basis resting on, three of its own
judgments which are collectively known as the Three Judges Cases.
i. 1982 S P Gupta - held no primacy, consultation doesn't mean concurrence
ii. 1993 Advocates on record - held primacy of CJI, plus 2; CJI should be senior most
iii. 1998 not actually a case but an opinion after President raised the issue. President
(council of ministers) + CJI + 4 SC judges. For appointments to the high courts, the
collegium must consult such other senior judges serving in the Supreme Court who
had previously served as judges of the high court concerned. Even if 2 adverse
opinions, CJI shouldn't send recommendation
Convention of CJI as senior most judge was broken twice 1973 and 1975 during
Emergency.
Constitution does not specify the strength of a high court and leaves it to the discretion of
the president (not Parliament).
d. Removal of judges - only on grounds of proven misbehavior or incapacity. Motion
containing charges against the judge must be approved by special majority (2/3 present
and voting + half of total strength).
e. Structure of judiciary - single integrated judiciary system.
i. Supreme Court - decision binding on all courts, can transfer HC judges, can transfer
any case to itself, can transfer cases bw HCs.
ii. High Court - can issue writs for restoring FRs, cases within state jurisdiction
iii. District Court - cases in districts, appeals on decisions by lower court, cases with
serious criminal offences
iv. Subordinate Courts - cases of civil and criminal nature.
f. Supreme Court - functions within the limitations imposed by Constitution. Functions and
responsibilities defined by Constitution. Jurisdiction
i. Original - settles disputes bw Union and states, states v states. Interprets powers of
Union and State govts as per constitution
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ii. Appellate - appeals from lower courts in civil, criminal, constitutional cases. SC
holds power to decide whether to admit appeal.
iii. Advisory - advises president on matters of public importance and law. SC is not
bound to give advise to President and s/he is not bound to accept it. Allows govt to
seek legal opinion & make suitable changes in action/legislation.
iv. Writ - habeas corpus, mandamus, prohibition, certiorari, quo warranto - to protect
Fundamental Rights. Can approach either HC or SC directly and court can give
orders to executive.
v. Special Powers - can grant special leave to an appeal from any judgment or matter
passed by any court in India
Article 137 - SC has power to review any judgment or order made by it.
Article 144 - all authorities, civil and judicial, shall act in aid of SC.
g. Judicial Activism
i. 1979 - courts agreed to hear case not filed by aggrieved person but others on their
behalf. Issue of public interest, hence PIL, which became most important vehicle of
judicial activism. Early famous ones - Hussainara Khatoon v Bihar 1979 (rights of
prisoners). Sunil Batra v Delhi Administration 1980.
ii. This democratized judicial system, forced executive accountability, free and fair
elections (affidavits). However, courts over-burdened, judicial overreach.
h. Judiciary and protection of rights - Protector of FRs of citizen (writs) and interpreter of
Constitution (judicial review). JR can be done by SC or HC of any law if the law is
inconsistent with provisions of constitution, fundamental or federal rights of are
violated.
i. Judiciary and parliament - preventing subversion of Constitution through political practice
(powers of president and governor under preview of courts now).1973 Kesavananda
Bharti case gave basic structure of Constitution doctrine, that it can't be violated. Further,
right to property not part of basic structure and can be abridged. And, right to decide
what are matters pertaining to basic structure. Right to Property as FR taken away in
1979.
Unresolved conflicts - can person guilty of breach of parliamentary privileges seek
protection of courts? Can judiciary regulate functioning of legislature? Constitution
provides that conduct of judges cannot be discussed in parliament.
7. Federalism
a. Key ideas of federalism - (1) two set of policies, one at regional level and other at national
level. (2) Two set of identities - Gujarati and Indian. (3) Written constitution which is
supreme and source of power of both sets of govt. (4) Independent judiciary to settle
disputes.
b. Federalism in Indian constitution - necessary to divide power as regional and linguistic
diversity existed. While recognizing diversity, Constitution emphasized unity. Constitution
doesn't mention the word 'federation' but 'Union of States'. Division of power

Union State Concurrent

Defense, atomic energy, Agriculture, Police, Prison, Education, Transfer of
Foreign Affairs, War and Local Govt, Public Health, Property other than
Peace, Banking, Railways, Land, Liquor, Trade and agricultural lands,
Post & Telegraph, Ports, Commerce, Livestock and Forests, Trade Unions,
Foreign Trade, Currency and Animal Husbandry, State Adulteration, Adoption
coinage Public Services and Succession

Residuary powers - cyber laws. Sarkaria Commission 1988 worked on Center-State

relations. Indian constitution has a strong unitary bias, thus creating a strong central
govt.
c. Provisions for creating a strong central govt
i. Existence of states - and its territorial integrity is in hands of Parliament.
Constitution does provide some safeguards to the state legislature in case of name
change or boundary change. //what are these
ii. Emergency provisions
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iii. Revenue - generating items are under central govt control. Grants and loan to
states is controlled by central govt.
iv. Governor - is head of a state with discretionary powers over elected
representatives.
v. Power - executive power of center are superior to that of states. Central govt can
legislate on state list items after RS assent.
vi. Admin - All India Services offices can't be removed by states.
vii. Article 33 & 34 - protects persons in service of union/states for their actions to
maintain law and order. AFSPA is based on these articles.
d. Center-state conflicts - 1950s & 60s were under Nehru so smooth relations bw center and
states as Congress ran govt practically all over the country. From late 1960s, regional
parties came to power leading to tussle bw center and state. From 1990s, political
domination of single party at center gave way to coalition politics, resulting in greater say
for states. Demands for autonomy have taken the shape of: (1) more power to states (2)
independent sources of revenue and control over resources (3) control over state
machinery (4) cultural and linguistic issues
e. Role of governors and president's rule - Sarkaria Commission recommended that
appointments of Governors should be non-partisan. Emergency can be applied when
state govt cannot carry on in accordance with provision of Constitution. Constitutional
validity of decision to impose President's rule can be examined by judiciary.
f. State Reorganization Commission 1953 - states were reorganized beginning 1956 with
State Reorganizing Act. Inter-state conflicts still continue over border (MH/KTK and
PB/HR) and water sharing (TN/KTK and GJ/MP).
g. Special provision -
i. Article 371 - 12 states have it, for regulating ownership and transfer of land in order
to conserve the limited resources available for development and to ensure that the
State preserve its unique identity
ii. Article 370 - No emergency due to internal disturbances can be declared in J&K
without state govt concurrence.
8. Local Govt
a. Self-governing village communities existed from earliest times in form of sabhas. In 1882,
Lord Ripon created elected local govt bodies called local boards. Govt of India Act 1919
established village panchayats in number of provinces. Gandhi looked at panchayats as
instruments of decentralization and participatory democracy. Constitution put subject of
local govt to states, also mentioned in DPSP. Why (1) Turmoil of partition caused unitary
constitution (2) Extreme localism as threat to integration of nation (3) faction and caste
ridden rural society will defeat purpose of local govt.
b. 1952 Community Development Program sought to promote people's participation but not
enough powers and function doomed it to failure. Many states didn't establish elected
local bodies. 1989 Thungon Committee recommended constitutional recognition for local
govt bodies.
1993 - 73 & 74 amendments come into force. States had to change laws about their local
bodies.
c. 73rd amendment - Panchayati Raj institution, all states have uniform 3 tier structure.
Base - gram panchayat (village or group of villages). Middle - mandal (block or taluka)
which is not needed in smaller states. Apex - zilla panchayat (entire rural area of district).
Mandatory creation of gram panchayat consisting of all adult registered voters in the
area. All 3 level members elected directly by people. Term is 5 years. State govt can
dissolve panchayat, but fresh elections within 6 months. Before - indirect elections and no
provision for immediate elections.
Reservation - 1/3 seats for women. For SC/ST proportion to population. State can also
reserve for OBCs. Reservations apply even for chairperson level. Transfer of 29 subjects
from state list to PRIs, depending on state decision. Not applicable to adivasi populated
areas, separate act for them.
State Finance Commission - once in 5 years by state govt. Review distribution of revenue
bw state and local bodies, and rural and urban local govt.
d. 74th amendment - in urban areas as defined by census, 31% India's population lives in
urban areas. City Corporations, Town Municipalities and Nagar Panchayats are
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components of ULBs. Around 32 lakhs people are elected to both these bodies, around 10
lakh are women and 7 lakhs SC/ST.
9. Constitution as a living document
a. Constitution is an instrument that society creates for themselves, reflects the dreams and
aspirations of the concerned society. But it also needs to provide framework for future as
well. It has to be contemporary and durable, at the same time. Our constitution is not
static document, not final word about everything, and not unalterable.
b. Constitution makers wanted Constitution to be flexible and rigid, combining both these
characteristics. All amendments are initiated in the Parliament, no special body or agency
needed. President has no power to send it back for reconsideration. Three ways to amend
the Constitution
i. Simple majority - most articles have wording 'by law', indicating these can be
modified by simple majority
ii. Article 368 - 2/3 majority in both houses
iii. Article 368 - 2/3 majority in both house + 50% ratification by state legislatures.
Parliament sovereignty is basis of the amendment process.
c. Incidence of amendments is not dependent merely on nature of majority of ruling party
alone (2000-05 saw 10 amendments with NDA). Types of amendments -
i. Technical and administrative - Reserved seats for SC/ST in legislature is a
constitutional amendment which is made every ten years. President shall act as per
advice of Council of Ministers.
ii. Differing interpretations - Parliament clashed with judiciary over the interpretation
and sought to amend Constitution to overcome ruling of judiciary. E.g. NJAC.
iii. Amendments through political consensus - evolving consensus on issues such as
anti-defection (52and 91st amendment), minimum age of voting (61st), local bodies
(73rd and 74th).
d. Controversial amendments - 38th (barred judicial review of declaration of Emergency),
39th (election of President, VP, PM and Speaker of LS beyond scrutiny of courts), 42nd,
made in the background of Emergency did the following:
i. 42nd - attempt to override the ruling of SC in Kesavananda Bharti case. Duration of
LS extended to 6 years. Fundamental Duties included, restrictions on review power
of judiciary. Added "socialist, secular" and "integrity" to Preamble.
ii. Amendment's 59 clauses stripped the Supreme Court of many of its powers and
moved the political system toward parliamentary sovereignty. It curtailed
democratic rights in the country, and gave sweeping powers to the Prime Minister's
Office.
iii. Minerva Mills v. Union of India, SC declared unconstitutional two provisions of the
42nd Amendment which prevent any constitutional amendment from being "called
in question in any Court on any ground" and accord precedence to the DPSP over
the Fundamental Rights of individuals.
iv. 43rd and 44th amendments reverted most of the changes brought by above
amendments.
e. Basic structure doctrine - set specific limits to parliament's power to amend the
Constitution except basic structure, allows parliament to amend any and all parts of
Constitution within this limitation, places judiciary as final authority in deciding if
amendment violates basic structure and what constitutes it. This theory of basic structure
is an example of a living constitution (no mention of it otherwise, emerging from judicial
interpretation - an invention of judiciary). Underlined rigid nature while being flexible.
Other examples of judicial interpretation changing understanding of Constitution
i. Reservation not to exceed 50% of total seats.
ii. Identification of creamy layer.
iii. Other rulings - right to education, right to life, liberty et al
f. Why living document - Constitution keeps responding to situations and circumstances
arising from time to time. Constitution which protects democracy and allows for evolution
of new practices becomes durable and respected by people.
Judiciary's role - to ensure legislature works within the framework provided by the
Constitution. Once law is bypassed with good intentions, it can also be done to use power
arbitrarily.
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10. Philosophy of Indian Constitution

a. There is a connection bw our laws and moral values. Therefore must look at constitution
as document based on certain moral vision. Approach of political philosophy to
constitution
i. Possible meaning of terms such as rights, citizenship, minority or democracy
ii. Attempt to work out coherent vision of society and grasp of set of ideals
iii. Constitution to be read in conjunction with debates of constituent assembly
b. Means of democratic transformation - constitution restricts the exercise of power,
providing basic rules and thus prevent states from turning tyrannical. Provides peaceful,
democratic means to bring about social transformation. Constitutions exist not only to
limit people in power but to empower those who traditionally have been deprived of it.
Three core features and achievements of Constitution:
c. Individual freedom - result of Indian nationalists demanding freedom of press to
communicate needs of people. Freedom of expression and freedom from arbitrary arrest
are integral part of our constitution.
d. Social justice - classical liberalism always privileges rights of individuals over demands of
social justice and community values. Indian liberalism differs - linked to social justice and
special constitutional measures to advance interests of weaker groups.
e. Respect for diversity and minority rights - It was important to ensure that no one
community systematically dominates others, hence leading to Constitution recognizing
community based rights. E.g. right of religious communities to run own educational
institutions. Shows that constitution doesn't see religion as private matter concerning the
individual.
f. Secularism - means mutual exclusion of state and religion in order to protect individual
rights and freedom. Indian constitution departs from this model in two ways:
i. Rights of religious groups - rights to all communities, as in Indian context person's
freedom and status directly dependent on status of communities.
ii. State's power of intervention - religious sanctioned customs are deeply rooted and
state simply has to intervene when they impinge on fundamental rights of
individuals and communities (such as not allowing a section of women in temples).
India promotes principled distance rather than mutual exclusion.
g. Universal franchise - bold step when no other population dynamics as complex and
conflicted as India extends it to all people. Constitution of India Bill 1895 (Tilak), first non-
official attempt, declares that anyone born in India has right to take part in its public
affairs.
h. Federalism - with Article 370 & 371 Indian constitution anticipates asymmetric
federalism, to meet specific needs of sub-units. Robust political arena for multiple
identities that complement one another
i. Procedural achievements of Indian constitution
i. Reflects faith in political deliberation, open ended approach. Willingness to
recognize creative value in difference and disagreement.
ii. Spirit of compromise and accommodation. Most important issues to be arrived at
consensually rather than by majority vote.
j. Criticism
i. Unwieldy - it's long and convoluted.
ii. Unrepresentative - constituent assembly was not elected on universal adult
franchise and hence not representative in true sense.
iii. Alien to our conditions - sits uneasily with our cultural ethos as it is mostly Western.
However it was innovative borrowing and selective adaptation.
Limitations
i. Constitution has a centralized idea of national unity
ii. Glossed over important issues of gender justice, particularly within family
iii. Why in poor developing country, certain rights went to DPSP and not fundamental
rights.

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