All acts from 1773 to 1947 Upsc pdf

The Company Rule

The Company rules are Regulating Act of 1773, Pitts India Act of 1784, Charter Act of 1793, Charter Act of 1833, and Charter Act of 1853. These rules came between 1773 to 1858. After 1858, the rules formed were called the Crown Rule.

Regulating Act of 1773

Regulating Act of 1773 was the first step by the British Crown to laid laws to regulate the affairs of the East India Company in India. It also laid the foundation of central administration in India.

Features ofthe Regulating Act of 1773

The Governor of Bengal was designated as Governor-General of Bengal. The Executive Council of four members was created to assist the Governor-General of Bengal.
Lord Warren Hastings was the first Governor-General of Bengal. Earlier, the three presidencies were independent, but now the Governor of Madras and Bombay presidencies were made subordinate to the Governor-General of Bengal.
The Supreme Court of Calcutta was established in 1774 with one chief justice and three other judges.
Prohibited the workers of the company from doing private trade. Also, the workers of the company were prohibited from accepting Gifts or bribes from the native people.
British control over the company was strengthened by making the Court of Directors report its affairs, such as revenue, and civil and military affairs, to the British Government.

Act of Settlement or Amending Act of 1781

Regulating the Act of 1773 had some defects. To rectify those defects Act of Settlement or the Amending Act of 1781 was made.

The Amending Act of 1781 features

It exempts the acts done by the Governor-General and the Council from the Jurisdiction of the Supreme Court for their official action. It also exempts the worker of the company from the Jurisdiction of the Supreme Court for their official action.
It exempts the revenue and revenue collection from the jurisdiction of the Supreme Court.
The Supreme Court will have jurisdiction over the inhabitants of Calcutta.
The Supreme Court is required to administer the personal law of defendants. Hindu law for Hindus and Mohammedan Law for Muslims.
The appeal from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.
Now, the Provincial court and council regulations could be framed by the Governor-in-Council.

Pitts India act of 1784

Pitt’s India Act (1784), was named after the British prime minister William Pitt the Younger. It was an Act of the Parliament of Great Britain intended to address the drawbacks of the Regulating Act of 1773.

Pitts India act of 1784 features

The Pitts India Act (1784), distinguished the Political and Commercial functions of the company. By Pitts Acts, the Court of Directors will manage the commercial affairs, and the Board of Control will manage Political affairs. By this policy, the Double Government System is established.
It increased the power of the Board of Control in affairs of revenue and civil and military government possession in India. After, the Company territories were first time called British Possessions in India.
Then the British government had supreme power over the company.

Charter Act of 1786

It was a supplementary act passed in 1786. This act made Lord Cornwallis appointed as the Governor-general of Bengal.

Act of 1786 features

Lord Cornwallis was appointed as the 2nd governor-general of Bengal, and the effective ruler of British India by the authority of the Board of Control and Court of Directors.
By this law, the Governor-General got more powers and power over the Madras and Calcutta Presidencies.
This law also extended the trade Monopoly of East India Company in India for the next twenty years.
As per this act, the commander-in-chief was not to be a member of the Governor-General Council, unless he is appointed.
The members of the Board of Control and its servants are to be paid out of the Indian Revenue.

Charter Act of 1813 or East India Company Act, 1813

Charter Act of 1813 passed by the British Parliament renewed the East India Company’s charter for another 20 years.

Charter Act of 1813 features

This act abolished the EIC trade monopoly in India. EIC monopoly continued in tea and trade with China. This act asserted the sovereignty of the British Empire over the Company Territory of India.
It allowed Christian missionaries in India. It allowed western education for people in British Territories in India.
It allowed the local government to impose taxes and allowed punishment in case of non-payment of taxes.

Charter Act of 1833 or Saint Helena Act 1833

Charter Act of 1833 was passed in the British Parliament which renewed the East India Company’s charter for another 20 years. The company’s trade with China is brought to an end. This act allowed the Brits to settle freely in India.

Charter Act of 1833 Features

As per this Act, the Governor-General of Bengal made as to the Governor-General of India. He was vested with all the power of civil and military.
For the first time, the government of India has complete authority over the territory possessed by British in India. The powers of the Governor of Madras and Bombay were deprived.
The Governor-general of India was given full legislative power of the entire British possessions in India.
By the Charter Act of 1833, the laws made previous to this Act were called Regulations, and laws made by the Act of 1833 were called Acts. It also ended the EIC as a commercial body.
EIC then becomes the pure administrative body. This law provided the Company’s territories in India to the British Crown and its heirs and successors.
Introduced open competition for civil service exams to Indians. This law also states that Indians should not be debarred from holding any position under the company.
But it was negated after being opposed by the court of directors.

Charter Act of 1853

This is the last charter Act passed between 1793 and 1853, in British Parliament. This Act did not mention the time period of the company charter being renewed. Charter Act of 1853 empowered the British East India Company to retain the territories and the revenues in India in trust for the British crown and not mention its time and will be specified by the parliament.

Main features of charter act 1853

For the first time, the legislative and executive functions of the Governor-General’s council were separated. It also provided an additional 6 members to the council called Legislative councillors. Out of 6 new legislative members, 4 members were appointed by the provincial governors of Madras, Bombay, Bengal, and Agra.
It established Indian Legislative Council and it adopted the procedures of the British Parliament. The Civil Services was opened to the Indians.
The committee on the Indian Civil Service was appointed in 1854, as Macaulay Committee. The Act also extended the EIC rule and allowed it to retain its territories in India on trust for the British Crown.
But it did not specify any time period like mentioned in the previous charters.

British laws in India after 1857 or Crown Rule

Government of India Act 1858

This act was passed after the Revolt of 1857. To know more about the Revolt of 1857 kindly check the book Indian War of Independence 1857. It aims to create a responsible government. Also, it abolished the East India Company and transferred its power to the British Crown.

Features of Government of India Act 1858

India will be governed by ‘Her Majesty’. The designation of Governor-general of India was changed to Viceroy of India.
Viceroy was the direct representative of the British Crown in India. The first Viceroy of India was Lord Canning.
It abolished the Board of Control and Court of Directors. Thereby double government is abolished. Then it created the Secretary of State for India.
Secretary of State, a new office that was responsible for the authority and control over the Indian administration. The Secretary of State is responsible for the British Parliament and is a member of the British Cabinet. The Secretary of the state is assisted by 15 member Council of India, which was established.
The secretary of state is made Chairman of the Council of India.

Indians Council Act of 1861

This act made significant changes in the Governor-General’s Council. The Indian Councils Act 1861 restored the power of legislation to the governor-in-councils of Madras and Bombay in respective matters.

Indian council act 1861 features

For the first time, Indians were associated with the law-making process. Some Indian were selected as non-official members of the expanded council by Viceroy.
These three Indians are selected to the legislative council by Lord Canning in 1862. They are Raja of Benaras, Maharaja of Patiala and Sir Dinkar Rao.
Decentralization of powers was initiated as Powers was restored to the Presidencies of Madras and Bombay.
As your centralization of powers started in 1773 by Regulating Act of 1773 and reached its zenith with the Charter Act of 1833.
By this New legislative councils were established for Bengal in 1862, North-Western Provinces in 1886, and Punjab in 1897.
It gave recognition to the portfolio system which was introduced by Lord Canning in 1859.
This act empowered the Viceroy to issue ordinances, without approval or informing the legislative council during an emergency and its life is 6 months.

Indian Council Act of 1892

Indian Councils Act 1892 was an act of the British Parliament that increased the size of the legislative councils in India.

The act dealt exclusively with the powers, functions, and composition of the Legislative Councils in India.

Indian council act 1892 features

This Act increased the seats of non-official members in Provincial legislative councils and Central legislative councils. It maintained the official majority on them.
These acts increase the powers of the legislative council and gave powers of discussing the budget and other issues to the executive.
This act allowed the nomination of some non-official members of the a) Central Legislative Council by the viceroy based on the recommendation of the provincial legislative councils and the Bengal Chamber of commerce, And provincial legislative councils by the governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars, and chambers.

Indian Councils Act of 1909

Also referred to as Minto Morley reforms.

Features of Indian Council Act 1909

Both Central and Provincial legislative council sizes were increased. In Central legislative councils the seat increased from 16 to 60. Where the Provincial legislative council the seat was not uniform.
It retained the official majority of the central legislative council to have a non-official majority. Its the first time allowed Indians with executive councils of the Viceroys.
Satyendra Prasad Sinha is the first Indian to join the Viceroy’s executive council. Then Satyendra Prasad Sinha was appointed as the Law member.
It introduced the communal system of representation for Muslims. This Act legalized Communalism and Lord Minto came to be known as Father of Communal Electorate.
Minto-Morley reforms also gave a separate representation of the presidency, corporations, chambers of commerce, universities, and zamindars.

Government of India Act 1919

Also called as Montagu-Chelmsford Reforms.

Feature Government of India Act 1919

This act lightened the central control over the provinces. This is done by demarcating (எல்லை நிர்ணயம் செய்தல்) and separating the central and provincial subjects. The provincial and central legislatures were permitted to make laws on their respective subjects. But the structure of the government still stayed centralized and unitary.
This act further divided the provincial subject into two parts they are transferred and reserved subjects. Transferred subject – This subject is administered by a governor and with aid of ministers who are responsible to the legislative council. Reserved Subject – This subject is administered by the governor and his executive council without being answerable to the legislative council. This dual system of governance is known as Dyarchy. This system first time introduced bicameralism and also direct elections in India.
By Bicameralism, the Indian Legislative Council was replaced by a bicameral legislature with Upper and lower houses, where the majority of its members were selected through direct elections.
Out of 6 members of the Viceroy executive council, three were to be Indians, other than the commander in chief.
It extended communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo Indians, and Europeans.
Voting rights (Franchise) were given to a limited number of people on the basis of property, tax, or education.
A new office called as High Commissioner for India is created in London. Some functions of the Secretary of state for India were transferred to him.
These acts provided the establishment of a Public service commission by that central public service commission was established in 1926.
For the first time, it separated the provincial budget from the central budget and also authorized the provincial legislature to enact a budget.

Government of India Act 1935

This act was detailed and has 321 Sections and 10 schedules.

Features of Government of India Act 1935

It provided the establishment of the All India Federation consisting of provinces and princely states as units.
The powers were divided between the Centre and the states called as Federal list, Provincial list, and concurrent list.
Viceroy is given Residuary powers. But the federation did not happen.
Provincial autonomy was established in place of the Dyarchy. The Act introduced responsible Government in the provinces by that the governor was required to act with the advice of ministers who are responsible to the provincial legislature. This came into effect in 1937 and it was discontinued in 1939.
It introduced bicameralism in six out of eleven provinces. Thus legislatures of Bengal, Bombay, Madras, Bihar, Assam, and United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (upper house).
This act provided communal representation by giving separate electorates for SC, women, and workers/labourers.
This act established the council of India which was established by the Government of India Act of 1858.
It extended the voting rights and about 10% of the total population got the voting right. This act established the Reserve Bank of India.
This act established the Federal Court in 1937.
This act provided for the establishment of not only a federal public service commission but also a provincial public service commission and joint public service commission for two or more provinces.

Indian Independence Act of 1947

On 20th February 1947, British Prime Minister Clement Atlee declared that British Rule in India will come to end by 30 June 1948. On 3 June 1947, Lord Mountbatten put a Partition plan known as Mountbatten Plan. Mountbatten’s plan was accepted by Congress and the Muslim league.

The feature of the Indian Independence Act of 1947

India declare Independence and Sovereign state on August 15, 1947. It provided a partition of India.
It abolished the office of the Viceroy and provided, a governor-general for each dominion.
“His majesty” government in Britain has no responsibility to India and Pakistan.
It gave power to the constituent assemblies of two dominions to frame their own constitution and abolish any act of the British Parliament, including the Independence Act itself.
It empowered the constituent assemblies of both dominions to frame legislation for their territories till the new constitutions were drafted and enforced.
It granted freedom to Indian princely states either to join Pakistan or India or to remain independent.

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1.All Acts from 1773 to 1947 Upsc PDF

Making of the Indian Constitution Tnpsc samacheer notes

Demand for a Constituent Assembly

1934: The idea of a Constituent Assembly for India was put forward for the first time by M.N. Roy, a pioneer of the communist movement in India.
1935: The Indian National Congress (INC) officially demanded a Constituent Assembly to frame the Constitution of India for the first time.
1938: Jawaharlal Nehru, on behalf of the INC, declared that “the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise”.
1940: The demand was accepted in principle by the British Government in what is known as the “August Offer”.
1942: Sir Stafford Cripps, a member of the British cabinet, came to India with a draft proposal on framing an independent Constitution to be adopted after World War II.
- The Cripps Proposals were rejected by the Muslim League, which wanted India divided into two autonomous states with two separate Constituent Assemblies.
1946: A Cabinet Mission (consisting of Lord Pethick Lawrence, Sir Stafford Cripps, and A.V. Alexander) arrived in India on March 24, 1946, and published its plan on May 16, 1946.
- It rejected the idea of two Constituent Assemblies but put forward a scheme that more or less satisfied the Muslim League.

Composition of the Constituent Assembly

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
Total Strength: 389 seats.
- British India: 296 seats.
  - 292 members drawn from the 11 governors’ provinces (Madras, Bombay, UP, Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal, and Assam).
  - 4 members drawn from the 4 chief commissioners’ provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan), one from each.
- Princely States: 93 seats.
Seat Allocation Principles:
- Seats were allotted to each province and princely state (or group of states) in proportion to their respective population—roughly one seat for every million population.
- British province seats were divided among three principal communities: Muslims, Sikhs, and General (all except Muslims and Sikhs), in proportion to their population.
Method of Election and Nomination:
- Representatives of each community were elected by members of that community in the provincial legislative assembly using the method of proportional representation by means of single transferable vote.
- Representatives of princely states were nominated by the heads of the princely states.
- The Constituent Assembly was thus a partly elected and partly nominated body, indirectly elected by provincial assemblies who were themselves elected on a limited franchise under the Government of India Act of 1935 (based on tax, property, and education).
Election Results (July–August 1946) for 296 British Indian seats:
- Congress: 208
- Muslim League: 73
- Unionist Party: 1
- Unionist Muslims: 1
- Unionist Scheduled Castes: 1
- Krishak-Praja Party: 1
- Scheduled Castes Federation: 1
- Sikhs (Non-Congress): 1
- Communist Party: 1
- Independents: 8
- Total: 296
Community-wise Representation (1946):
- Hindus: 163
- Muslims: 80
- Scheduled Castes: 31
- Indian Christians: 6
- Backward Tribes: 6
- Sikhs: 4
- Anglo-Indians: 3
- Parsees: 3
- Total: 296
The 93 seats allotted to princely states were not filled initially as they decided to stay away.
The Assembly included representatives of all sections (Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, and women of all these sections) and all important personalities of India at the time, with the exception of Mahatma Gandhi.

Working of the Constituent Assembly

First Meeting: December 9, 1946.
- Boycotted by the Muslim League, which insisted on a separate state of Pakistan.
- Attended by only 211 members.
- Dr. Sachchidanand Sinha, the oldest member, was elected temporary President following French practice.
Office Bearers:
- Dr. Rajendra Prasad was elected President of the Assembly.
- Two Vice-Presidents were elected: H.C. Mukherjee and V.T. Krishnamachari.

Objectives Resolution

Moved by Jawaharlal Nehru on December 13, 1946.
Unanimously adopted by the Assembly on January 22, 1947.
Its modified version forms the Preamble of the present Constitution.
Key declarations of the Resolution:
1. Firm and solemn resolve to proclaim India as an Independent Sovereign Republic and draw up a Constitution for her future governance.
2. Territories of British India, Indian States, and other willing parts/territories shall form a Union.
3. These territories shall be autonomous units with residuary powers, exercising all governmental and administrative powers except those assigned to or inherent in the Union.
4. All power and authority of Sovereign Independent India, its constituent parts, and organs of government are derived from the people.
5. Guaranteed and secured to all people of India: justice (social, economic, political); equality of status, opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association, and action (subject to law and public morality).
6. Adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
7. Maintenance of the integrity of the territory and sovereign rights on land, sea, and air according to justice and the law of civilized nations.
8. Attainment of India’s rightful and honoured place in the world to contribute to world peace and human welfare.

Changes Introduced by the Indian Independence Act of 1947

On April 28, 1947, representatives of six princely states (Baroda, Bikaner, Jaipur, Patiala, Rewa, and Udaipur) joined the Assembly. After the Mountbatten Plan of June 3, 1947, most other princely state representatives and Muslim League members from the Indian Dominion took their seats.
The Act introduced three structural changes:
1. Fully Sovereign Body: The Assembly could frame any Constitution it pleased and could abrogate or alter any law made by the British Parliament in relation to India.
2. Legislative Body (Dual Role): Two separate functions were assigned to be performed on separate days:
  - Making of the Constitution (chaired by Dr. Rajendra Prasad).
  - Enacting ordinary laws as the Dominion Legislature / first Parliament of free India (chaired by G.V. Mavlankar; first met as Dominion Legislature on November 17, 1947).
  - These dual roles continued until November 26, 1949.
3. Reduction in Strength: Following the withdrawal of Muslim League members representing areas included in Pakistan, total Assembly strength dropped from 389 to 299.
  - Indian Provinces strength reduced from 296 to 229.
  - Princely States strength reduced from 93 to 70.

Statewise Membership of the Assembly (as on December 31, 1947 – Total 299)

Provinces (229 members):
- Madras: 49
- Bombay: 21
- West Bengal: 19
- United Provinces: 55
- East Punjab: 12
- Bihar: 36
- C.P. and Berar: 17
- Assam: 8
- Orissa: 9
- Delhi: 1
- Ajmer-Merwara: 1
- Coorg: 1
Indian States / Princely States (70 members):
- Alwar: 1
- Baroda: 3
- Bhopal: 1
- Bikaner: 1
- Cochin: 1
- Gwalior: 4
- Indore: 1
- Jaipur: 3
- Jodhpur: 2
- Kolhapur: 1
- Kotah: 1
- Mayurbhanj: 1
- Mysore: 7
- Patiala: 2
- Rewa: 2
- Travancore: 6
- Udaipur: 2
- Sikkim and Cooch Behar Group: 1
- Tripura, Manipur and Khasi States Group: 1
- U.P. States Group: 1
- Eastern Rajputana States Group: 3
- Central India States Group (including Bundelkhand and Malwa): 3
- Western India States Group: 4
- Gujarat States Group: 2
- Deccan and Madras States Group: 2
- Punjab States Group: 3
- Eastern States Group I: 4
- Eastern States Group II: 3
- Residuary States Group: 4

Other Functions Performed by the Assembly

Ratified India’s membership of the Commonwealth in May 1949.
Adopted the National Flag on July 22, 1947.
Adopted the National Anthem on January 24, 1950.
Adopted the National Song on January 24, 1950.
Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

Timeline, Sessions, and Duration

Total time taken: 2 years, 11 months, and 18 days.
Held 11 sessions:
- First Session: 9–23 December, 1946
- Second Session: 20–25 January, 1947
- Third Session: 28 April–2 May, 1947
- Fourth Session: 14–31 July, 1947
- Fifth Session: 14–30 August, 1947
- Sixth Session: 27 January, 1948
- Seventh Session: 4 November, 1948–8 January, 1949
- Eighth Session: 16 May–16 June, 1949
- Ninth Session: 30 July–18 September, 1949
- Tenth Session: 6–17 October, 1949
- Eleventh Session: 14–26 November, 1949
The Assembly met once again on January 24, 1950, when members appended their signatures.
The Draft Constitution was considered for 114 days.
Constitution-makers reviewed constitutions of about 60 countries.
Total expenditure incurred: ₹64 lakh.
Continued as the Provisional Parliament from January 26, 1950, until the first elected Parliament with two Houses came into being in May 1952 (Provisional Parliament ceased on April 17, 1952).

Committees of the Constituent Assembly

Major Committees (8) and Chairmen

Union Powers Committee: Jawaharlal Nehru
Union Constitution Committee: Jawaharlal Nehru
Provincial Constitution Committee: Sardar Patel
Drafting Committee: Dr. B.R. Ambedkar
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Patel
- Fundamental Rights Sub-Committee: J.B. Kripalani
- Minorities Sub-Committee: H.C. Mukherjee
- North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee: Gopinath Bardoloi
- Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee: A.V. Thakkar
- North-West Frontier Tribal Areas Sub-Committee: Members included Khan Abdul Ghaffar Khan, Khan Abdul Samad Khan, and Mehr Chand Khanna (did not function due to NWFP and Baluchistan joining Pakistan; chairman information not found).
Rules of Procedure Committee: Dr. Rajendra Prasad
States Committee (Committee for Negotiating with States): Jawaharlal Nehru
Steering Committee: Dr. Rajendra Prasad

Minor Committees and Chairmen

Finance and Staff Committee: Dr. Rajendra Prasad
Credentials Committee: Alladi Krishnaswami Ayyar
House Committee: B. Pattabhi Sitaramayya
Order of Business Committee: Dr. K.M. Munshi
Ad-hoc Committee on the National Flag: Dr. Rajendra Prasad
Committee on the Functions of the Constituent Assembly: G.V. Mavalankar
Ad-hoc Committee on the Supreme Court: S. Varadachari (Not an Assembly Member)
Committee on Chief Commissioners’ Provinces: B. Pattabhi Sitaramayya
Expert Committee on the Financial Provisions of the Union Constitution: Nalini Ranjan Sarkar (Not an Assembly Member)
Linguistic Provinces Commission: S.K. Dar (Not an Assembly Member)
Special Committee to Examine the Draft Constitution: Jawaharlal Nehru
Press Gallery Committee: Usha Nath Sen
Ad-hoc Committee on Citizenship: S. Varadachari (Not an Assembly Member)

Drafting Committee

Set up on August 29, 1947; entrusted with preparing the draft of the new Constitution.
Consisted of 7 members:
1. Dr. B.R. Ambedkar (Chairman)
2. N. Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr. K.M. Munshi
5. Syed Mohammad Saadullah
6. N. Madhava Rau (replaced B.L. Mitter, who resigned due to ill-health)
7. T.T. Krishnamachari (replaced D.P. Khaitan, who died in 1948)
First draft published in February 1948 (public given 8 months to discuss and propose amendments).
Second draft published in October 1948.
Sat for only 141 days and took less than 6 months to prepare its draft.

Enactment of the Constitution

Readings:
- First Reading: November 4, 1948 – November 9, 1948 (general discussion for 5 days after introduction by Dr. Ambedkar).
- Second Reading (clause-by-clause consideration): November 15, 1948 – October 17, 1949.
  - Amendments proposed: 7,653.
  - Amendments actually discussed: 2,473.
- Third Reading: Started November 14, 1949.
Adoption:
- Dr. Ambedkar moved the motion: “the Constitution as settled by the Assembly be passed”.
- Motion declared passed on November 26, 1949.
- Signed by the President and 284 members present out of 299.
- Contained a Preamble, 395 Articles, and 8 Schedules.
- The Preamble was enacted after the entire Constitution was already enacted.
Role of Dr. B.R. Ambedkar: Law Minister who piloted the Draft Constitution; recognized as the “Father of the Constitution of India”, “chief architect of the Constitution of India”, and “Modern Manu”.

Enforcement of the Constitution

Provisions enacted on November 26, 1949: Articles relating to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title—namely Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393.
Provisions enacted on January 26, 1950: The remaining major part came into force on this date, celebrated as Republic Day and referred to as the “date of its commencement”.
- January 26 was specifically chosen because of its historical significance: Purna Swaraj day was celebrated on this date in 1930 following the Lahore Session resolution (December 1929) of the INC.
Repeals: With commencement, the Indian Independence Act of 1947 and the Government of India Act of 1935 (along with all amending/supplementing enactments) were repealed.
- The Abolition of Privy Council Jurisdiction Act (1949) was continued.

Criticisms of the Constituent Assembly

Not a Representative Body: Members were not directly elected by the people of India on universal adult franchise.
Not a Sovereign Body: Created by proposals of the British Government and held its sessions with British permission.
Time Consuming: Framers took nearly 3 years compared to the American Constitution framers who took only 4 months.
- Assembly member Naziruddin Ahmed coined the contemptuous term “Drifting Committee” for the Drafting Committee.
Dominated by Congress: Granville Austin remarked: “The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India”.
Lawyer-Politician Domination: Dominated by lawyers and politicians while other sections were underrepresented, resulting in bulkiness and complicated legal language.
Dominated by Hindus: Lord Viscount Simon called it “a body of Hindus”, and Winston Churchill commented that it represented “only one major community in India”.

Important Facts

Symbol (Seal): Elephant was adopted as the symbol (seal) of the Constituent Assembly.
Constitutional Advisor (Legal Advisor): Sir B.N. Rau.
Secretary to the Assembly: H.V.R. Iyengar.
Chief Draftsman of the Constitution: S.N. Mukerjee.
Calligrapher of English Text: Prem Behari Narain Raizada (handwrote the original constitution in a flowing italic style).
Decoration & Illumination (English Text): Beautified by Shantiniketan artists including Nand Lal Bose and Beohar Rammanohar Sinha.
- Preamble Page: Illuminated, beautified, and ornamented specifically by Beohar Rammanohar Sinha.
Calligrapher of Hindi Version: Vasant Krishan Vaidya.
Decoration of Hindi Version: Elegantly decorated and illuminated by Nand Lal Bose.

Relationship between Constitutional law and Administrative law

Constitutional Law

It is known that everything man people do is governed by rules. For example, there are rules for games and social clubs. Rules of morality and customs also play an important role to establish our day-to-day life. Rules that are made by legislatures, for the nation are called ‘laws’.

Laws in society are a must so our society can regulate its work properly. They are designed to safeguard our property and safeguard us and to ensure that everyone in society behaves in a proper manner.

Essentially, the Constitutional law is the supreme law. All other laws have to conform to the Constitutional law. Constitutional law contains laws concerning the government and its people.

Constitutional law is a body of laws that defines the role, powers, and structures of different entities of the State, namely, the legislature, the executive, and the judiciary, as well as the basic rights of citizens and, the relationship between the central government and state governments.

Constitutional law is a set of rules which can either be imposing or directive. It provides a way to regulate the nation by proposing a set of laws that shall be abided by the citizens of the country. It leads the country in the right direction without fail.

It includes various fundamental rights, fundamental duties, and directive principles. We need constitutional laws to regulate the system that prevails in the country.

It acts as an obligation on the citizens where they cannot go beyond its fundamental rights, which is a must so as to monitor the whole nation at a time.

Constitutional law creates a sense of equality amongst the citizens. It is like a parent to a child who imposes certain conditions but its sole purpose is the well-being of the child. The same way Constitutional law acts for its citizens.

Constitutional laws provide to some people who can either be elected or nominated for lawmaking depending upon the nation’s Constitutional provisions.

Constitutional law facilitates the head of the State to administer the whole country which is large, culturally, and linguistically diverse.

Administrative Law

Administrative law is the law that governs administrative actions. As per Ivor Jennings, administrative law is the law relating to administration. It determines the organization, powers, and duties of administrative authorities.

It includes law relating to the rulemaking power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities.

It governs the executive and ensures that the executive treats the public fairly. Administrative law is a branch of public law. It deals with the relationship between individuals and the government.

It determines the organization and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

There are a few reasons for the development of administrative law in India.

Firstly, India is a ‘Welfare State’. Government activities have increased and thus the need to regulate the same.

Therefore, this branch of administrative law was developed. Secondly, there is the inadequacy of the legislatures. The legislatures have no time to legislate upon the ever-changing needs of society.

Even if it does, the lengthy and time taking legislation procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.

Thirdly, there is a judicial delay in India. The judicial procedure of adjudicating matters is very slow, costly complex, and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible.

Hence, the need for administrative tribunals arose.

Fourthly, as administrative law is not a codified law there is a scope of modifying it as per the requirement of the State machinery. Hence, it is more flexible. The rigid legislating procedures need not be followed again and again.

There is a basic difference between constitutional law and administrative law. Constitutional law is the supreme law of the land. No law is above the constitutional laws and hence must satisfy its provisions and not be in its violation.

Administrative law is therefore subordinate to constitutional law. Constitutional law deals with the structure of the State and its various organs.

Administrative laws deal only with the administration. Administrative authorities should first follow the constitutional laws and then work as per administrative law.

Rule of law Tnpsc Samacheer Notes

Source and Origin

Source of the Indian Provision: The “Rule of Law” is a feature borrowed into the Indian Constitution from the British Constitution.
Originator: The concept of “Rule of Law” was propounded by the British jurist A.V. Dicey.
Constitutional Connection: The concept of “equality before law” (contained in Article 14) is an element of Dicey’s concept of “Rule of Law”.

The Three Elements / Aspects of A.V. Dicey’s Concept

Absence of arbitrary power: No man can be punished except for a breach of law.
Equality before the law: Equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.
- Dicey’s observation: “No man is above the law, but every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Every official from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”.
Primacy of the rights of the individual: The constitution is the result of the rights of the individual as defined and enforced by the courts of law, rather than the constitution being the source of the individual rights.

Application of the Three Elements to the Indian System

Elements Applicable: The first and the second elements of Dicey’s concept are applicable to the Indian System.
Element Not Applicable: The third element is not applicable to the Indian System.
Reason: In the Indian System, the constitution is the source of the individual rights.

Constitutional Status and Basic Structure

Embodiment: The “Rule of Law” is embodied in Article 14 of the Indian Constitution.
Basic Feature: The Supreme Court held that the “Rule of Law” as embodied in Article 14 is a “basic feature” of the Constitution.
Indestructibility: Because it is a basic feature, it cannot be destroyed even by a constitutional amendment.
Democratic Manifestation: Along with universal adult franchise, periodic elections, independence of judiciary, and absence of discrimination on certain grounds, the Rule of Law is a manifestation of the democratic character of the Indian polity.
Facilitated by Fundamental Rights: Fundamental Rights facilitate the establishment of the rule of law in the country.

Exceptions to Equality / Rule of Law

The rule of equality before law is not absolute and is subject to constitutional and other exceptions:

President of India and Governors of States (Article 361):
- Not answerable to any court for the exercise and performance of the powers and duties of their office.
- No criminal proceedings shall be instituted or continued against them in any court during their term of office.
- No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during their term of office.
- No civil proceedings in respect of any act done in personal capacity (before or after entering office) shall be instituted in any court during the term of office until the expiration of two months next after written notice has been delivered.
Press / Media Immunity (Article 361-A): No person is liable to civil or criminal proceedings in any court for publishing a substantially true report of proceedings of either House of Parliament or a State Legislature in a newspaper, radio, or television.
Members of Parliament (Article 105): No MP is liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.
Members of State Legislatures (Article 194): No MLA/MLC is liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof.
Article 31-C Exception: Laws made by the State for implementing Directive Principles contained in Article 39(b) or Article 39(c) cannot be challenged on the ground that they violate Article 14. The Supreme Court observed that “where Article 31-C comes in, Article 14 goes out”.
Foreign Sovereigns, Ambassadors, and Diplomats: Enjoy immunity from criminal and civil proceedings.
United Nations Organisation (UNO) and its Agencies: Enjoy diplomatic immunity.

Judiciary in India Tnpsc

Supreme Court of India

The Indian Constitution provides a three-tier Judicial system:

The Supreme Court (Supreme Court)
The High courts (State Level)
The District and Sessions court in the Judicial Districts.

The Indian constitution provides independence of the judiciary from the executive and the legislature. The Supreme court of India acts as the guardian of the constitution and solves even the disputes between the center and state, and also between the states.

The supreme court is the highest appellate court in all civil and criminal cases. It is also the responsibility of safeguarding and enforcing the fundamental rights and freedom of its citizen.

The USA has two sets of judiciary (one as federal and another for states). But India has only a unitary judiciary system, with the Supreme court as a top court or apex court.

And also supreme court has authority over all the courts.

The Sources of Law

The constitution is the source of law in India. The statutes enacted by the legislatures of Central, State, or Union Territories also become the law as long as it follows the basic of the constitution.

“Besides the subordinate legislations in the form of rules, regulations as well as by-laws of any administrative body, unless and until negated by the judiciary constitute the third source of law”.

Jurisdiction and Powers on the Supreme Court

The supreme court has the original, appellate, and advisory jurisdiction. The original jurisdiction of the supreme court extends to all cases which can originate in the supreme court. It includes the disputes between the state and the centre, and also state-state disputes.

The supreme court has both original and appellate jurisdiction, in disputes involving fundamental rights. The supreme court can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

“The Supreme Court is the Highest or Apex Appellate Court in India, Where the appeals against the Judgements of High Courts can be made in both the civil and criminal cases”.

There are certain advisory powers are vested with the Supreme court. For a legislative measure, the President can seek advice from the Supreme Court. But the advice of the Supreme Court is not binding on the President by Article 143.

Advisory Jurisdiction – By Article 143, Authorises the president to get the opinion of the Supreme Court in Two Categories:

On many matter or question of law of public importance which has arisen or like to arise. Any dispute arising out of the Preconstitution Agreement or treaty, etc

Organization of the Supreme Court

The Supreme Court is established by the Constitution of India, Part V, Chapter IV. Articles 124 to 147 of the Constitution laydowns acts and powers of the Supreme court of India.

Originally the constitution provides for the Chief Justice and seven lower-ranking Judges. By 2008 the number of judges is increased from 8 to 30.

Appointment, Resignation and Impeachment of Supreme Court Judge

With the appointment of the supreme court judges, the Chief Justice of India should consult a “Collegium” of four senior-most judges of the Supreme Court. Then the Collegium makes the decision in consensus.

Every Judge of the Supreme court is appointed by the president after consulting the cabinet and supreme court judges. The supreme court Judges hold the office till they attain the age of 65 years.

If the judges of the Supreme court want to resign, they can give a handwritten signed resignation letter to the president of India. The Parliament can remove a Judge through an impeachment.

“A Judge of the Supreme Court tries an order of the president, after an address by each House of the Parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of the house present and voting in the same session”.

How to become Supreme Court Judge

One must be a citizen of India and the qualification is per the Parliaments’ decision. The person should be a Judge of the High Court at least for a period of 5 years.

Or the person should be an advocate of a high court or of two or more such Courts in succession for at least 10 years. Or the person should be a distinguished Jurist, as the opinion of the President.

Other Facts about the Supreme Court of India

Appointments are generally made on the basis of Seniority. Justice K.G. Balakrishnan in 200 became the first Judge from the depressed class. IN 2007, he became the first Dalit Chief Justice of the Supreme Court of India.

The Supreme court under the present constitution of India started functioning on January 28, 1950. The Supreme court was then placed in the Chamber of Princes in the Parliament.

It moved to the present building in 1958. Harilal J.Kania was the first Chief Justice of the Supreme Court.

The other Judges who assumed office along with Harilal J.Kania are Justice Sayid Faze Ali, M.Pantanjali Sastri, Mehar Chand Mahajan, Bijan Kumar, Mukherjea, and S.R. Das

High Courts

The High Court is the top court of the state. At present, four high courts have jurisdiction over more than one state. Delhi alone has a high court of its own for a Union Territory.

On the other hand, Six union territories come under the Jurisdiction of the nearby state High courts. Example Puducherry is under Madras Court.

Each High Court comprises of a chief justice and other such judges as the President may appoint from time to time. The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.

In appointing other judges, the Chief Justice of that High court is also consulted. The retirement age of a high court judge is 62 years and is removable in the same manner as a Judge of the supreme court.

High Court Judge Qualification

Must be a citizen of India.
Must have held a judicial office in India for 10 years.
Or must have practised as an advocate of the high court.

Other Things concerning High Courts

To be considered for appointed, the high courts also have original and appellate jurisdictions, in the cases that arise within the state. Each High court has powers of Super Intendant over all courts within its jurisdiction.

Even though the High courts are part of a single and integrated judicial system, yet they are completely independent judicial institutions. The supreme court has no direct administrative control over the high court.

But the Judges may be transferred from one High Court to another by the President with the consultation with the Chief Justice of India.

The high also has the power to issue a Writ in cases involving the ‘Fundamental Right‘.

Legal Remedies for Safeguarding Fundamental Rights

Both the Supreme court and High court have the power to issue writs. Besides these writs, the High courts under Article 226, may issue other directions and orders in the interest of the Justice of the people.

Prerogative Writs in India Upsc

Judicial Review, Public Interest Litigation And Judicial Activism

Judicial Review

To safeguard the liberty and rights of the individual, judicial review is enshrined in the constitution. The supreme and high court is entrusted with the power of judicial review.

This extends to adjudicating upon the constitutionality of legislation as well as the legality of executive actions. The most daring exercise of judicial review was the invalidation by the supreme court of Bank Nationalization legislation.

The legislation which infringed the rights of the minorities to establish and administer their educational institutions has been struck down. The Judicial review has been extended to the reviewability of constitutional amendments by evolving the doctrine of the basic structure of the constitution.

In the administration of law, judicial review in India is very active. Article 13(2) believed that countrywide shall not create any regulation, those abbreviated or takes away the rights as deliberated in part-3 of the constitution.

If any rule was created against this clause of the constitution, it will be declared null or void. But in 2007, the Supreme court ruled laws included in this schedule after April 24, 1973, or now open to Judicial review cannot be conducted in respect of the laws incorporated in the 9th schedule.

Judicial review applies only to the questions of law. It cannot be exercised with respect to political issues. The supreme court does not use the power of judicial review of its own.

It can only use it when any law or rule is challenged before it.

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) in India Upsc

Constitutional Law, Administrative Law and Indian Penal Code

Functions of state government in India Upsc

Functions of state government in India

The Functions of state government in India are mentioned in Part VI of the Indian Constitution from Articles 153 to 167.

Within the jurisdiction of the State government, there are two lists one is a state list and another concurrent list.

The functions of state government are mentioned in the State List. This includes subjects like Public Health, Transport, Public order, Prison, Education, etc.

Accordingly, there are 61 subjects in the state list. Originally it was 66 subjects. These are mentioned in the 7th schedule of the constitution of India.

Click the below link to read the complete list of the 7th Schedule.

https://www.mea.gov.in/Images/pdf1/S7.pdf

Also, state governments have exclusive powers to legislate on those matters.

State government structure in India Upsc

Concurrent List

It is the list of subjects, where both state and centre have power over it. If there is a conflict between state and centre over a particular subject mentioned in the Concurrent List. Then centre will win over it.

In India, 52 Items are mentioned in the Concurrent List. It includes Criminal law, Marriage, and Divorce, Bankruptcy and insolvency, Forest, Protection of Wind animals and birds, etc.

Union Executive Tnpsc

Alright, let’s jazz this up and make the Indian Executive branch pop! Think of it as a vibrant infographic come to life.

Unpacking the Powerhouse: India’s Executive Branch 🇮🇳

Imagine a grand stage with several key players, all working (mostly!) in harmony to run the country. That’s essentially the Union Executive of India!

The Head of State: The President 👑

Think of the President as the symbol of India, the first citizen, representing the unity and integrity of the entire nation. Like the head on a coin, they embody the country.

What it Takes to be the President: Qualifications 💪

According to Article 58:

Must be a citizen of India. Simple enough! 🇮🇳
Must be at least 35 years young. Time to gain some wisdom! 🎂
Must be qualified to be a member of the Lok Sabha (the House of the People). They need to understand how Parliament works! 🏛️
No “office of profit” under the government. This means they can’t hold another paid government job while being President. One important job at a time! 💼➡️👑

How is the President Elected? 🗳️ (Not Your Usual Election!)

As per Article 52, it’s not a direct vote by all citizens. Instead, the Electoral College chooses the President. Think of it as a special team of voters:

Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha). 🏛️🏛️
Elected members of the Legislative Assemblies of the States. Every state gets a say! Assembly 🏘️
Elected members of the Legislative Assemblies of Delhi and Pondicherry (Union Territories with their own assemblies). Special representation! 🏙️🏖️

Key Election Facts:

Nomination Power: You need at least 50 electors to propose your name and another 50 to second it. It’s not easy to get on the ballot! ✍️✍️
Security Deposit: A ₹15,000 deposit is required, which you lose if you don’t get at least 1/6th of the votes. Skin in the game! 💰➡️🗑️ (if you don’t do well)
Secret Ballot & Single Transferable Vote with Proportional Representation: This is a fancy way of ensuring a fair outcome where your vote can move to your second preference if your first choice doesn’t win. Think of it like ranking your favourite ice cream flavours! 🍦➡️🍫➡️🍓
Electoral Quota: There’s a specific formula to determine the winning number of votes: Electoral Quota = Number of Electors to be Elected+1Total Valid Votes+1. This ensures the winner has a strong mandate. 📊

Taking the Oath: A Promise to the Nation 🙏

Before stepping into office, the President takes a solemn oath administered by the Chief Justice of India (or the senior-most Supreme Court judge in their absence). They swear:

To faithfully execute the office. 🤝
To preserve, protect, and defend the Constitution and the law. 🛡️📜
To devote themselves to the service and well-being of the people of India. ❤️🇮🇳

Presidential Perks: Entitlements and Immunity 🏡💰🛡️

Official Residence: They get to live in the magnificent Rashtrapati Bhavan in Delhi, rent-free! 🏰
Emoluments, Allowances, and Privileges: These are decided by the Parliament. They are well taken care of! 💸
Personal Immunity: They have legal protection for their official actions and are immune from criminal proceedings during their term. This allows them to perform their duties without fear of frivolous lawsuits. ⚖️🚫

Term, Impeachment, and Succession: The Presidential Cycle ⏳➡️🚪➡️🆕

Term of President:

A standard term of 5 years. 🗓️
Can resign at any time by writing to the Vice President. ✍️➡️📤
Can be removed before the end of their term through impeachment. 🚪
Can continue in office until their successor takes over. Continuity is key! ➡️🆕
Eligible for re-election. They can serve another term! 🔄

Impeachment of the President:

This is the process for removing a President for violating the Constitution (Article 61):

Charge in Either House: An impeachment charge is brought in either the Lok Sabha or Rajya Sabha, signed by at least 1/4th of the members of that house, with 14 days’ advance notice. 📜➡️🏛️
Special Majority: The resolution needs to be passed by a 2/3rd majority of the total membership of that house. This shows it’s a serious matter with broad support. 📊➡️✅✅
Investigation by the Other House: The other house then investigates the charges. They act like a jury. 🕵️‍♀️🕵️‍♂️
Another 2/3rd Majority: If the investigating house also passes a resolution for impeachment by a 2/3rd majority of its total membership, the President is removed from office from the date the resolution is passed. 🚪💥

Succession of the President:

If the President’s office becomes vacant due to:

End of their 5-year term 🗓️➡️🚪
Resignation ✍️➡️🚪
Impeachment 📜➡️🏛️➡️🚪
Death 💀➡️🚪
Disqualification 🚫➡️🚪
Election being declared void ❌➡️🗳️➡️🚪

Then:

An election to fill the vacancy must be held within six months. ⏱️➡️🗳️
The Vice President steps in as the acting President until a new President is elected. 🦸‍♂️➡️👑 (temporary)
If the Vice President is also unavailable, the Chief Justice of India takes over. 🧑‍⚖️➡️👑 (if needed)
If the Chief Justice is also unavailable, the senior-most judge of the Supreme Court acts as President. 👨‍⚖️➡️👑 (as a last resort)

Functions and Powers of the President: A Wide Reach! 🖐️

The President wears many hats:

Parliamentary Powers:
- Convenes, addresses, and prorogues (ends a session) Parliament. 🗣️🏛️
- Nominates 12 eminent members to the Rajya Sabha and up to two Anglo-Indian members to the Lok Sabha (though the Anglo-Indian nomination is currently inactive). ✍️➡️🏛️
- Has veto power over non-money bills (can send them back for reconsideration). 🚫➡️📜
- Can convene joint sessions of both houses. 🤝🏛️🏛️
- Can issue ordinances (temporary laws) when Parliament is not in session (for a maximum of six months). 📜➡️⏳
- Has veto power over certain state legislation. 🚫➡️ 📜
Executive Powers:
- Appoints the Prime Minister and facilitates the formation of the Council of Ministers. 🤝➡️🧑‍💼➡️ मंत्रिमंडल
- Appoints ministers and allocates portfolios (on the PM’s advice). ✍️➡️ 💼
- Can dismiss the ministry if they lose the majority support in the Lok Sabha. 🚪➡️
- Nominates members to various constitutional bodies (like the judiciary, armed forces, diplomats). ✍️➡️🧑‍⚖️🧑‍✈️🧑‍
Emergency Powers: Has significant powers during national emergencies (though these are used with caution). 🚨
- Can suspend laws and dissolve ministries/legislatures for specific periods. 🛑📜➡️🚪
Judicial Powers:
- Can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute sentences, especially capital punishments. 🕊️➡️🧑‍⚖️
Acting as President: When the Vice President, Chief Justice, or senior-most judge acts as President, they have all the powers and privileges of the President. Temporary Power-Up! 💪👑

The Second-in-Command: The Vice President 🥈

Inspired by the US system (Article 63), India has a Vice President, the second-highest office in the land.

Electing the Vice President: Another Special Vote 🗳️

The Vice President is elected by the elected members of both Houses of Parliament through a secret ballot using a proportional representation system with a single transferable vote. Similar to the Presidential election, but without the state assemblies. 🏛️🏛️➡️🗳️

Qualifications for the VP: Similar but Not Identical 💪

Must be a citizen of India. 🇮🇳
Must be at least 35 years old. 🎂
Must be eligible for election as a member of the Rajya Sabha. Different criteria than the President! 🏛️
Must not hold any office of profit. 💼➡️🥈

Terms of Office: Same Duration, Different Removal ⏳➡️🚪

Elected for a term of 5 years. 🗓️
Can resign by writing to the President. ✍️➡️📤
Can be removed by a resolution passed by the Rajya Sabha by an absolute majority and agreed to by the Lok Sabha. The Rajya Sabha takes the lead here! 🏛️➡️✅✅➡️🏛️➡️✅✅➡️🚪
Requires 14 days’ notice before such a resolution can be moved. 📜➡️⏳

Functions and Duties: Primarily the Rajya Sabha Chair 🏛️👨‍⚖️

The Vice President is the ex-officio Chairman of the Rajya Sabha (Article 64). This is their primary role! 🏛️👨‍⚖️
They preside over the meetings of the Rajya Sabha, maintaining order and decorum. 🗣️🏛️
Their powers as presiding officer are similar to the Speaker of the Lok Sabha. 🤝🗣️🏛️
They draw their salary as the Chairman of the Rajya Sabha, not as Vice President itself (the VP office doesn’t have a separate salary). 💰➡️🏛️👨‍⚖️
Acts as President if the President’s office becomes vacant (due to death, resignation, removal, etc.) until a new President is elected (for a maximum of six months). 🦸‍♂️➡️👑 (temporary)
While acting as President, they receive the President’s salary and don’t perform their duties as Chairman of the Rajya Sabha. Full Presidential Mode! 💪👑

The Real Powerhouse: The Prime Minister and the Council of Ministers 🧑‍💼🤝

While the President is the head of state, the Prime Minister is the head of the government and the real executive authority. India follows a parliamentary system, where the executive is responsible to the legislature.

The Union Executive: A Team Effort 🤝

Articles 52 to 78 of the Constitution deal with the Union Executive, which includes:

The President 👑
The Vice President 🥈
The Prime Minister 🧑‍💼 (The Captain!)
The Council of Ministers 🤝 (The Crew!)
The Union Cabinet 💼 (The Inner Circle!)
The Cabinet Secretary 🧑‍💼📝 (The Top Bureaucrat!)

The Prime Minister: First Among Equals (Primus Inter Pares) 🧑‍💼👑

Although part of the Council of Ministers, the Prime Minister holds a pre-eminent position, being the “first among equals.”

Appointment:

Article 75 states that the President appoints the Prime Minister. ✍️➡️🧑‍💼
However, this isn’t arbitrary. The President usually appoints the leader of the party or coalition that has a majority in the Lok Sabha. 🏛️➡️🧑‍💼
If no single party has a clear majority, the President appoints the person most likely to gain majority support. 🤝➡️🧑‍💼
The Prime Minister doesn’t have a fixed tenure. They stay in power as long as they have the support of the majority in the Lok Sabha. 💪🏛️

Functions and Position: The PM’s Wide Influence 🖐️

Forms the Ministry: Prepares a list of ministers and advises the President on their appointment. 📝➡️🤝➡️
Categorizes Ministers: Designates ministers as Cabinet Ministers (top rank, policy-making), Ministers of State (assist Cabinet Ministers), and Deputy Ministers (lower rank). Hierarchy in action!
Allocates Portfolios: Advises the President on assigning specific responsibilities (ministries) to the ministers. 💼➡️
Controls Departments: Can keep departments under their own charge and reshuffle portfolios as needed. 💼🔄
Leads the Majority Party: Is the leader of the party with the most seats in the Lok Sabha. 💪🏛️
Advises on Dismissal: Can advise the President to dismiss a minister or ask them to resign. 🚪➡️
Allocates Government Business: Distributes work among the ministers. 💼
Chairs the Cabinet: Presides over Cabinet meetings. 🗣️💼
Heads Key Bodies: Is the chairperson of important organisations like the Inter-State Council and the Nuclear Command Authority. 👑➡️
Coordinates Government Policy: Supervises all departments to ensure policy coherence. 🤝➡️💼
Resignation Impact: The resignation or death of the Prime Minister leads to the collapse of the entire Council of Ministers. Big responsibility! 💥➡️
Chief Communicator: Is the main channel of communication between the President and the ministers, and between the Parliament and the government. 🗣️🤝
Spokesperson on Foreign Affairs: Is the government’s primary voice on international matters. 🗣️🌍

The Prime Minister’s Office (PMO): The Engine Room ⚙️

An agency providing secretarial assistance and advice to the Prime Minister. Think of it as their personal support team. 🧑‍💼➡️📝💡
An extra-constitutional body (not directly mentioned in the original Constitution but evolved over time). 📜➡️⚙️
Has the status of a department of the Government of India. 🏢
Headed politically by the Prime Minister and administratively by the Principal Secretary. 🧑‍💼➡️📝
Previously known as the Prime Minister’s Secretariat (PMS) until 1977. 🕰️➡️⚙️

Functions of the PMO: Keeping Things Running Smoothly 🏃‍♀️

Assists the PM in overall responsibilities, communication with ministries and states. 🗣️🤝
Helps in their role as Chairman of Niti Aayog and the National Development Council (key policy bodies). 💡➡️
Manages the PM’s public relations (press, public). 📰🗣️
Handles references that need the PM’s attention. 📂➡️🧑‍💼
Provides assistance in examining cases for the PM’s orders. 🧐➡️🧑‍💼
Maintains relationships with the President, Governors, and foreign representatives. 🤝👑 губернатор 🌍
Acts as a think-tank for the Prime Minister, dealing with subjects not assigned to any specific ministry. 🧠💡
Does not handle Cabinet matters directly; that’s the Cabinet Secretariat’s job. 💼🚫➡️📝

The Central Council of Ministers: The Broader Team 🤝

Article 74 mandates a Council of Ministers headed by the Prime Minister to aid and advise the President, who generally acts on their advice. 🤝➡️👑
Always exists – there can’t be a President without a Council of Ministers. ➡️
Consists of three ranks of ministers:
- Cabinet Ministers: Key policy-makers hold important portfolios. 💼➡️
- Ministers of State: Assist Cabinet Ministers, may have independent charge of some departments. 💼➡️
- Deputy Ministers: Lower rank, assist Ministers of State or Cabinet Ministers. 💼➡️
The difference lies in rank, pay, and political importance. Hierarchy within the team!

Appointment of the Council of Ministers:

The Prime Minister is appointed by the President. ✍️➡️🧑‍💼
Other ministers are appointed by the President on the advice of the Prime Minister. ✍️➡️🤝➡️
Ministers hold office at the pleasure of the President, but in reality, the PM selects them. 👑➡️ (on PM’s advice)➡️
Shadow Cabinet: In some countries like England, the opposition forms a “shadow cabinet” to scrutinise the government, keeping them on their toes! 👤 ➡️👀➡️🔔

Council of Ministers: Responsibilities – Teamwork and Accountability! 🤝🏛️

Collective Responsibility: The entire Council is jointly responsible to the Lok Sabha for all government actions. If the Lok Sabha loses confidence in the government, the whole team goes! 🤝➡️🏛️➡️🚪
This means ministers should speak with a united voice in public and support government policies. 🗣️🤝
Individual Responsibility: Each minister is also individually responsible to the President for the performance of their department. 💼➡️👑➡️ accountability

Kitchen Cabinet: The Inner Circle Within the Inner Circle 🤫🍳

A smaller, informal body within the Cabinet, the real center of power for critical decisions. 💼➡️🍳
Every Prime Minister in India has had one. A trusted group for confidential discussions. 🧑‍💼➡️👂👂👂
Helps the PM maintain secrecy on important political issues. 🤫

For More information click “Indian Polity and Governance“

Governor of State in India Upsc

Governor of State in India

The Governor of the State of India has similar powers and functions at the state level as those of the President of India. The is also called Rajyapal.

He/She is the titular head of the state and the agent of the centre as the Union government nominates of Governor in each state.

Article 163

There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

The executive power of the state is vested Governor and all executive action in the state taken in the name of the governor.
But he has to act as the nominal head of the state due to parliamentary system.
As per article 153, there shall be governor for each state.
But an amendment of 1956 makes it appointed of the governor for two or more states.
The governor is not elected but appointed by the President and hold office at the pleasure of the president.

Here’s a table explaining Article 163 of the Indian Constitution:

Aspect	Details
Article Number	163
Title	Council of Ministers to aid and advise the Governor
Key Provisions	– There shall be a Council of Ministers, headed by the Chief Minister, to aid and advise the Governor. – The Governor must act in accordance with the advice provided by the Council of Ministers, except in matters where the Constitution requires the Governor to act at their own discretion.
Governor’s Discretion	– The Governor has discretionary powers in certain situations, such as the selection of a Chief Minister in a hung assembly or sending a report to the President under Article 356.
Scope of Application	Applicable to all states in India.
Significance	– Ensures that the Governor, though the nominal head, acts on the advice of the elected Council of Ministers. – Maintains the principle of parliamentary democracy at the state level.
Judicial Interpretation	– The discretionary powers of the Governor under Article 163 have been debated in several court cases, such as Samsher Singh v. State of Punjab (1974), which clarified that the Governor’s discretion is limited.

Eligibility of Governor

Aspect	Details	Relevant Article
Citizenship	Must be a citizen of India.	Article 157
Age	Must have completed 35 years of age.	Article 157
Office of Profit	Should not hold any office of profit under the Government of India, any state government, or any local authority.	Article 158(2)
Dual Governorship	A Governor can be appointed for more than one state simultaneously.	Article 153
Membership of Legislature	Should not be a member of either House of Parliament or a State Legislature at the time of appointment. If they are, they must vacate the seat upon appointment.	Article 158(1)
Other Restrictions	– Cannot hold any other office. – Cannot perform professional practices such as being part of a trade or business.	Article 158(2)
Term of Office	Holds office for a term of five years but can continue in office until a successor is appointed.	Article 156
Conditions of Office	– Entitled to an official residence without paying rent. – Salary and allowances are determined by Parliament and charged to the Consolidated Fund of India.	Article 158(3)

Term of Governor

The normal term of governor’s office shall be five years.
Governor continues in office till his successor joins the office.
Governor may lose his office by resignation or the dismissal by the president.
Governor gets his salary from the Consolidated Fund of the state which is non-votable in the State Legislature.
No Fixed Removal Process: The Governor does not have a fixed removal process like impeachment but serves at the President’s discretion.
Tenure Flexibility: While the term is specified as five years, it is not rigid due to the “pleasure of the President” clause.
Multiple States: A Governor can be appointed for more than one state simultaneously (Article 153).

Aspect	Details	Relevant Article
Tenure	The Governor holds office for a term of five years from the date of assuming office.	Article 156(3)
Continuance Beyond Term	The Governor continues to hold office beyond the five-year term until a successor is appointed.	Article 156(3)
At the Pleasure of the President	The Governor serves at the pleasure of the President of India and can be removed at any time without reason.	Article 156(1)
Resignation	The Governor can resign at any time by submitting a written resignation to the President.	Article 156(2)
Reappointment	A Governor is eligible for reappointment or appointment as Governor of another state.	Convention

Power and Functions of the Governor

The Governor is the head of the state executive and has enormous powers.
In the exercise of functions and powers, the Governors, except in some case is to be guided by a council of ministers headed by Chief Minister under Article 163.
The powers of the governor are divided into six, that are Executive, Legislative, Financial, Judicial, Discretionary and Miscellaneous Powers.

Executive Powers of Governor

All executive actions of the state government are formally taken in the name of the governor.
Governor appoints the Chief Minister and other ministers. They also hold office during his pleasure.
Governor appoints the Advocate-General of the state and determines his remuneration. The advocate general holds his office during the pleasure of the governor.
Governor appoints the State Election Commissioner and determines his condition of service and tenure of office.
Governor appoints the Chairman and Members of the State Public Service Commission. But they can be removed only by the President and not by the Governor.
Governor can seek any information relating to the affairs of the state and the proposals for legislation from the Chief Minister.
Governor can require the Chief Minister to submit for the consideration of the council of ministers on any matter.
Governor cam make rules specifying the manner in which the orders and other instruments made and executed in governors name, shall be authenticated.
Governor can make rules for the more convenient transaction of the business of the government and for the allocation among the ministers of the said business
Governor can recommend for the imposition of President’s rule in the state to the President under Article 356. During such rule, the governor enjoys extensive executive powers as an agent of the President.

Legislative Powers of Governor

Governor is an integral part of the state legislature. But he is not a member in either house of the legislature.
In this capacity the governor enjoys the following legislative powers:
Governor has the right to summon or prorogue the state legislature and dissolve the State Legislative Assembly.
Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year.
the governor can send messages to the house of the state legislature relating to a bill pending in the legislature.

FAQ

1.Who is rajyapal in India?

Rajyapal in India are the governors of state, who is titular head of the state.

State legislature in India Tnpsc

State legislature in India

The state legislature in India consists of the Governor, the Legislative Assembly, and the Legislative Council (Some States).

Some states have a bicameral legislature. The Lower house is called Legislative Assembly and the upper house is called the Legislative council.

At present, Andhra Pradesh, Bihar, Maharashtra, Uttar Pradesh, Karnataka, Telangana, and Jammu & Kashmir have Legislative Councils.

The Legislative council may be created or abolished in a state if the Legislative assembly of that state passes a resolution to that effect by the special majority, and the Parliament, consequently, enacts the law to that effect.

The maximum strength of the Legislative council cannot exceed the 1/3 number of the strength of the legislative assembly and the minimum strength of the council shall not be less than 40 members.

The one-sixth members of the total members of the Legislative Council are nominated by the Governor and the rest 5/6 are indirectly elected.

Among the elected members, 1/3rd are elected by electorates consisting of local bodies like municipalities and District boards.

The 1/12th members of the council are elected by electorates consisting of graduates of three years standing.

Again, 12th members are elected by electorates consisting of persons who have been for at least three years engaged in teaching in educational institutions which are not lower than a secondary school.

The remaining 1/3rd members of the Legislative are elected by the members of the Legislative Assembly.

The members nominated by the governor are persons who have special knowledge or practical experience in the fields of literature, science, art, the cooperative movement, and social service.

The Legislative council is a permanent house and is not subject to dissolution.

The 1/3 members of the Legislative council retire after 2 years.

The term of the member of the Legislative council is 6 years.

State legislative assembly

The maximum strength of the legislative assembly cannot exceed 500 and the minimum strength cannot be lower than 60 members.

The governor may nominate one member belonging to the Anglo-India community in the Legislative Assembly if he is convinced that the Anglo India community is not adequately represented in the Assembly.

The term of the legislative assembly is 5 years.

The legislative assembly can be dissolved before the expiry of its five years term by the Governor.

when the proclamation of national emergency is in operation under Article 352, the term of the Assembly may be extended by parliament for one year at a time which should not extend in any case beyond a period of six months after the Proclamation has been withdrawn.

the legislative assembly elects its speaker and Dy. Speaker and the Legislative council elects its chairman and Dy.Chairman.

The question as to the qualification and disqualification of a member of the state legislature is decided by the governor with the consultation of the election commission.

the legislative council can withhold money bills for only 14 days and ordinary bills for only three months. It can withhold a bill after reconsideration by the Legislative Assembly for a period of one month.

If the Legislative council and the Legislative Assembly disagree on a bill, there is no provision for a joint sitting to resolve the disagreement. The desire of the Legislative Assembly prevails in such a situation.

If a bill is passed by the Legislative council and presented to the legislative assembly and it is not passed by the assembly, the will come to an end.

State Legislative Council or Vidhan Parishad

It is an establishment that is defined in Article 169.

FAQ

Which state legislative assembly has the maximum strength?

Uttar Pradesh has largest assembly and it has 404 members in its assembly.

2. What is the maximum strength prescribed for state legislative assemblies?

The maximum strength prescribed for state legislative assembly is “It must not exceed 500 or its minimum strength should not fall below 60”.

2. Which state legislative assembly has minimum strength?

However an exception may be granted via an Act of Parliament. In the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
Goa is the smallest state whose legislative assembly with only 40 members.

4. Which state legislative assembly has two houses and How many legislative councils are there in India?

As of December 2020, there 6 legislative councils are there in India. The states are Andra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Citizenship in Indian Constitution Tnpsc Notes

Citizenship in the Indian Constitution

India is a secular, democratic nation-state. The Indian constitution provides full citizenship to all groups irrespective of what they belong to. The women, people from SC and ST, and remote communities from the Andaman and Nicobar Islands, who previously did not enjoy equal rights were given full citizenship rights.

The provisions about citizenship were found in Part II. By passing subsequent laws in the parliament, citizenship can be acquired by Birth, descent, registration, naturalisation or inclusion of territory.

Also, there are provisions that the state should not discriminate against citizens on grounds of race, sex, place of birth, caste etc. The rights of religious and linguistic minorities are also protected.

Citizenship

The word ‘Citizen’ is derived from the Latin term ‘Civis’, which means a resident of a city-state.
The Constitution of India provides for a single and uniform citizenship for the whole of India.
Articles 5 to 11 under part II of the constitution deal with citizenship.

Citizenship Act of 1955

The Citizenship Act of 1955 provides for the acquisition and loss of citizenship after the commencement of the constitution.
The Citizenship Act has been amended eight times so far.
Originally, the Citizenship Act (1955) also provided for commonwealth citizenship.
But this provision was repealed by the Citizenship (Amendment) Act 2003.

Acquisition of Citizenship

The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, such as birth, descent, registration, naturalization and incorporation of territory.
According to the Citizenship Act 1955, citizenship could be acquired through any of the following methods:

By Birth: All persons born in India on or after January 26, 1950, are treated as citizens by birth.
By Descent: A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if his father is a citizen of India at the time of his birth.
By Registration: A person can acquire citizenship in India by registration with the appropriate authority.
By Naturalization: A foreigner can acquire citizenship of India on application for naturalization to the Governor of India.
By Incorporation of Territory: In the event of a certain territory being added to the territory of India, the Government of India shall specify the persons of that territory who shall be citizens of India.

Loss of Citizenship

The Citizenship Act of 1955 prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution viz, renunciation, termination and deprivation.

It can be voluntarily renounced by a citizen.
It can be terminated if a person acquires the citizenship of some other country.
The central government can deprive a naturalized citizen if it is satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years.

Single Citizenship

India adopted a system of single citizenship. There is no separate citizenship for states. All the people, irrespective of the state in which they are born or reside enjoy the same rights throughout India.

On the other hand, some federal states such as the US, Switzerland and Australia have dual citizenship. That is one is national citizenship and the other is state citizenship.

Facts about the Citizenship of India

A foreigner will have no political rights but will have legal obligations and protection.

Conclusion

This article is written for the Tnpsc on the topic “Citizenship”. This post covers What is Citizenship, How it is acquired in India and How one loses their citizenship in India. Also covers the Articles in the Indian constitution that deal with Citizenship in India.