Category: Polity

Constitution of India historical background Tnpsc samacheer notes

1. Historical Background & Pre-Constitutional Evolution

The Company Rule (1773–1858)

  • Regulating Act of 1773:
    • Great constitutional importance: first step by the British Government to control and regulate East India Company affairs; recognised for the first time its political and administrative functions; laid foundations of central administration in India.
    • Designated Governor of Bengal as the “Governor-General of Bengal” and created a 4-member Executive Council to assist him (first was Lord Warren Hastings).
    • Made Governors of Bombay and Madras subordinate to the Governor-General of Bengal.
    • Provided for the establishment of a Supreme Court at Calcutta (1774) with one Chief Justice and three other judges.
    • Prohibited servants of the Company from engaging in private trade or accepting presents/bribes from “natives”.
    • Required the Court of Directors to report on revenue, civil, and military affairs to the British Government.
  • Pitt’s India Act of 1784:
    • British Parliament passed the Amending Act of 1781 (Act of Settlement) to rectify defects of the 1773 Act.
    • Distinguished between commercial and political functions of the Company.
    • Court of Directors managed commercial affairs; created a “Board of Control” to manage political affairs, establishing a system of “double government”.
    • Board of Control supervised and directed all operations of civil and military government or revenues of British possessions.
    • Territories in India were for the first time called the “British possessions in India,” and the British Government was given supreme control over Company affairs.
  • Charter Act of 1833:
    • Final step towards centralisation in British India.
    • Made Governor-General of Bengal the “Governor-General of India”, vesting in him all civil and military powers (first was Lord William Bentinck).
    • Deprived Governors of Bombay and Madras of legislative powers; Governor-General of India received exclusive legislative powers for the entire British India (laws previously called “Regulations”, now called “Acts”).
    • Ended the Company’s commercial activities, turning it into a purely administrative body holding territories “in trust for His Majesty, His heirs and successors”.
    • Attempted to introduce open competition for civil servants selection, stating Indians should not be debarred, but this provision was negated after opposition from the Court of Directors.
  • Charter Act of 1853:
    • Separated for the first time the legislative and executive functions of the Governor-General’s council.
    • Added 6 new members (“legislative councillors”), creating the Indian (Central) Legislative Council, functioning as a mini-Parliament.
    • Introduced an open competition system for civil servants recruitment; covenanted civil service was thrown open to Indians; Macaulay Committee appointed in 1854.
    • Extended Company’s rule on trust for the British Crown without specifying a particular time limit.
    • Introduced local representation in the Indian Legislative Council: 4 out of 6 legislative members were appointed by local governments of Madras, Bombay, Bengal, and Agra.

The Crown Rule (1858–1947)

  • Government of India Act of 1858:
    • Enacted after the Revolt of 1857 (First War of Independence / “sepoy mutiny”); known as the Act for the Good Government of India.
    • Abolished the East India Company and transferred powers of government, territories, and revenues to the British Crown.
    • Changed the designation of Governor-General of India to “Viceroy of India” (direct representative of the Crown; Lord Canning was the first).
    • Ended double government by abolishing the Board of Control and Court of Directors.
    • Created the office of Secretary of State for India, a member of the British Cabinet responsible to the British Parliament.
    • Established a 15-member advisory Council of India to assist the Secretary of State (who was chairman); constituted Secretary of State-in-Council as a body corporate capable of suing and being sued.
  • Indian Councils Act of 1861:
    • Began representative institutions by associating Indians with law-making (in 1862, Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao to the legislative council).
    • Initiated legislative decentralisation by restoring legislative powers to Bombay and Madras Presidencies.
    • Provided for new legislative councils for Bengal (1862), NWFP (1866), and Punjab (1897).
    • Recognised the “portfolio” system introduced by Lord Canning in 1859.
    • Empowered Viceroy to issue ordinances during emergencies (validity: 6 months).
  • Indian Councils Act of 1892:
    • Increased additional (non-official) members in Central and provincial legislative councils, maintaining official majorities.
    • Gave legislative councils the power to discuss the budget and address questions to the executive.
    • Provided for nomination of non-official members by recommendations of provincial bodies, universities, zamindars, etc. (limited/indirect use of election, though the word “election” was not used).
  • Indian Councils Act of 1909 (Morley-Minto Reforms):
    • Increased size of Central Legislative Council from 16 to 60.
    • Retained official majority at Centre, but allowed non-official majority in provincial legislative councils.
    • Enlarged deliberative functions (asking supplementary questions, moving resolutions on budget).
    • Associated Indians with executive councils of Viceroy and Governors (Satyendra Prasad Sinha was the first Indian to join the Viceroy’s Executive Council as law member).
    • Introduced separate electorates for Muslims (“legalised communalism”); Lord Minto known as the “Father of Communal Electorate”.
  • Government of India Act of 1919 (Montagu-Chelmsford Reforms):
    • Demarcated and separated central and provincial subjects; relaxed central control but structure remained centralized and unitary.
    • Introduced dyarchy in provinces: transferred subjects (administered by governor with ministers responsible to council) and reserved subjects (administered by governor and executive council without responsibility).
    • Introduced bicameralism (Council of State and Legislative Assembly) and direct elections in the country.
    • Required 3 of 6 Viceroy’s executive council members (other than commander-in-chief) to be Indian.
    • Extended separate electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
    • Granted limited franchise based on property, tax, or education.
    • Created office of High Commissioner for India in London.
    • Provided for establishment of a Public Service Commission (Central Public Service Commission set up in 1926).
    • Separated provincial budgets from Central budget.
    • Provided for a statutory commission after 10 years to inquire into its working.
  • Simon Commission & Communal Award:
    • Simon Commission appointed in November 1927 (headed by Sir John Simon; all 7 members British; boycotted by all parties); reported in 1930 recommending abolition of dyarchy and federation setup.
    • Ramsay MacDonald announced the Communal Award in August 1932 extending separate electorates to depressed classes (Scheduled Castes).
    • Poona Pact between Congress leaders and depressed classes retained joint electorates and gave reserved seats.
  • Government of India Act of 1935:
    • Contained 321 Sections and 10 Schedules.
    • Provided for an All-India Federation consisting of provinces and princely states with three lists: Federal List (59 items), Provincial List (54 items), Concurrent List (36 items); residuary powers with Viceroy (federation never materialized).
    • Abolished provincial dyarchy and introduced “provincial autonomy” (operated 1937–1939).
    • Provided for dyarchy at Centre (did not come into operation).
    • Introduced bicameralism in 6 out of 11 provinces (Bengal, Bombay, Madras, Bihar, Assam, United Provinces).
    • Extended separate electorates to depressed classes, women, and labour.
    • Abolished Council of India; extended franchise to ~10% of the population.
    • Provided for the establishment of Reserve Bank of India, Federal Court (set up in 1937), Federal PSC, Provincial PSCs, and Joint PSCs.
  • Indian Independence Act of 1947:
    • Declared India independent and sovereign from August 15, 1947.
    • Provided for partition and creation of two independent dominions (India and Pakistan) with the right to secede from the Commonwealth.
    • Abolished offices of Viceroy and Secretary of State for India.
    • Empowered Constituent Assemblies to frame/adopt any constitution, repeal British acts, and act as Dominion Legislatures until new constitutions were drafted.
    • Lapsed British paramountcy over princely states and treaty relations with tribal areas.
    • Provided for governance under GoI Act of 1935 with modifications until new constitutions were framed.
    • Lord Mountbatten became the first Governor-General of independent India; swore in Jawaharlal Nehru as the first Prime Minister.

Download

1. Constitution of India tnpsc notes pdf

Attorney general of India Tnpsc Samacheer Notes

  • Constitutional Body: The Attorney General of India is categorized under the Constitutional Bodies of India.
    • The specific constitutional article governing the office of the Attorney General of India is listed in the constitutional references as Article 76 (“Attorney-General for India”).
  • Topics/Sub-sections Covered in the Document:
    • Appointment and Term of the Attorney General of India.
    • Duties and Functions of the Attorney General of India.
    • Rights and Limitations of the Attorney General of India.
    • Solicitor General of India (treated alongside the office of the Attorney General).
  • Eligibility for Public Office: The office of the Attorney General of India is explicitly classified among the public offices that are exclusively reserved for citizens of India and denied to aliens.
  • Corresponding State Counterpart:
    • Each state in India has an Advocate General, who is the state-level official corresponding directly to the Attorney General of India and performs similar functions for the state.
    • The Advocate General of a state is appointed by the Governor of the state and must be a person qualified to be a judge of a High Court.

Council of Ministers Tnpsc Samacheer Notes

Constitutional Provisions & Nature of the Council of Ministers

  • Constitutional Mandate (Article 74):
    • Article 74 of the Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice.
    • The Constitution ensures that there shall always be a Council of Ministers.
    • The President accepts the advice tendered by the Council of Ministers.
  • Collegiate Executive:
    • The Constitution provides for a collegiate executive, namely the Council of Ministers under the chairpersonship of the Prime Minister.
    • Executive refers to a body of persons having the authority to initiate major policies, make decisions, and implement them based on the Constitution and the laws of the country.
    • Articles 52 to 78 in Part V of the Constitution deal with the Union Executive.
  • Real Executive Responsibilities:
    • Unlike the President of the USA who wields de facto (real, functional) executive powers, the President of the Indian Republic is not vested with direct executive responsibilities.
    • Direct and real executive responsibilities are assigned by the Constitution to the Council of Ministers led by the Prime Minister.

Appointment and Formation

  • Constitutional Procedure (Article 75):
    • Under Article 75, the Prime Minister is appointed by the President, and the other ministers are appointed by the President on the advice of the Prime Minister.
    • The Constitution does not specify a separate detailed procedure for the selection of the Prime Minister; the President appoints the leader of the majority party or coalition that commands a majority in the Lok Sabha.
    • In case no single party obtains a majority, the President appoints the person most likely to secure majority support.
  • Ministry-Making Process:
    • The first and foremost function of the Prime Minister is to prepare the list of his ministers.
    • The Prime Minister meets the President with this list, leading to the formation of the Council of Ministers.
    • In actual practice, ministers are selected by the Prime Minister, and the President cannot appoint anyone not recommended by the Prime Minister.
    • The President allocates portfolios among the ministers solely on the advice of the Prime Minister.

Composition and Categories of Ministers

  • Three Categories: The Council of Ministers consists of three categories of ministers, distinguished by their rank, emoluments, and political importance:
    • Cabinet Ministers: Prominent ministers of Cabinet rank who are involved in policy decision-making.
    • Ministers of State: Second-ranking ministers who have administrative responsibilities (they may sometimes hold independent charge of a ministry/department).
    • Deputy Ministers: Ministers belonging to the third rank who handle administrative responsibilities.
  • Deputy Prime Minister: It is within the discretionary powers of the Prime Minister to designate a minister as Deputy Prime Minister.
  • Leadership: At the apex stands the Prime Minister, the supreme governing authority and head of the government, who is described as primus inter pares (first among equals).

Tenure, Dismissal, and Removability

  • Pleasure of the President: According to the Constitution, ministers hold office during the pleasure of the President.
  • De Facto Power of the Prime Minister: In reality, the Prime Minister holds the power of selecting ministers and advising the President to dismiss any of them individually or require any of them to resign.
  • Portfolio Reshuffling: The Prime Minister can transfer a minister from one department to another, keep departments under direct control, advise the President to reshuffle portfolios, bifurcate or trifurcate departments, or amalgamate different departments.
  • Impact of Vacancy vs. Resignation/Death of the Prime Minister:
    • The resignation of an individual minister merely creates a vacancy.
    • The resignation or death of the Prime Minister dissolves and ends the entire Council of Ministers.

Accountability and Principles of Responsibility

  • Accountability to the Lok Sabha:
    • The Council of Ministers, both collectively and individually, is responsible and accountable to the Union Legislature (specifically the Lok Sabha).
    • Minsters can be members of either House of Parliament, but irrespective of their membership, they are responsible only to the Lok Sabha.
  • Collective Responsibility:
    • The entire Council of Ministers is jointly responsible to the Lok Sabha for all acts of the government.
    • Ministers must not speak in public in different voices.
    • All ministers are expected to remain unanimous in support of government policies on all public occasions and issues.
  • Legislative Control & No-Confidence Motion:
    • The Lok Sabha controls the Council of Ministers through devices such as asking questions, supplementary questions, passing resolutions, motions, and no-confidence motions.
    • The government remains in power only as long as it enjoys the confidence/majority support of the Lok Sabha.
    • If the Prime Minister or the government loses the confidence of the Lok Sabha, the entire government must resign and face elections.
    • The Rajya Sabha cannot remove the Council of Ministers through a no-confidence motion, though it can discuss and criticize government policies.
  • Channel of Communication: The Prime Minister acts as the sole channel of communication between the President and the Council of Ministers, as well as between Parliament and the Ministers.

The Union Cabinet and Other Variants

  • Union Cabinet:
    • The Cabinet consists of ministers of Cabinet rank and represents the inner core/nucleus within the broader Council of Ministers.
    • It is an extra-constitutional authority created out of the Council of Ministers.
    • The entire Council of Ministers does not meet to conduct business; instead, the Cabinet takes policy decisions and advises the President.
    • It is the highest decision-making and policy-formulating executive body governing administrative, legislative, financial, and foreign policy matters.
    • Functions include exercising control over higher appointments, recommending ordinances during parliamentary recess, appointing inquiry commissions, resolving inter-departmental disputes, and advising the President on declaring emergencies or dissolving the Lok Sabha.
  • Kitchen Cabinet:
    • An informal, smaller body or “a Cabinet within a Cabinet” representing a circle within a circle.
    • Acts as an informal body and the real center of power that assists the Prime Minister in preserving secrecy while deciding critical political issues.
  • Shadow Cabinet:
    • Originating in the British parliamentary tradition, the opposition party forms a group among its members to examine issues portfolio-wise, keeping the opposition informed and the government vigilant.

Supporting Administrative Framework

  • Cabinet Secretary:
    • The senior-most civil servant in India and head of the Cabinet Secretariat (office created in 1950; first held by N.R. Pillai).
    • Assists Cabinet ministers, acts as Chief Advisor to the Prime Minister on administration and policy, presides over the annual conference of Chief Secretaries, and chairs the Senior Selection Board.
    • Acts as the crucial link between the Prime Minister’s Office, civil services, administrative agencies, and the political executive.
  • Cabinet Secretariat:
    • Operates directly under the Prime Minister to handle secretarial assistance to the Cabinet and Cabinet Committees.
    • Divided into three functional wings: Civil wing (main wing providing aid, advice, and assistance to the Union Cabinet), Military wing, and Intelligence wing.
    • Responsible for inter-ministerial coordination, preparing and circulating meeting agendas, recording and circulating discussions with PM approval, monitoring implementation, and serving as custodian of Cabinet papers.
  • Prime Minister’s Office (PMO):
    • Provides secretarial assistance and advice directly to the Prime Minister and acts as an extra-constitutional agency with departmental status (originally established in 1947 as the Prime Minister’s Secretariat; renamed PMO in 1977 under Morarji Desai).
    • Headed politically by the Prime Minister and administratively by the Principal Secretary.
    • Coordinates with all ministers in the central union cabinet, ministers of independent charge, and state governments.
    • It does not deal with the Prime Minister’s responsibilities as Chairman of the Union Cabinet, as Cabinet affairs are managed directly by the Cabinet Secretariat.

Prime Minister Tnpsc Samacheer Notes

1. Constitutional Position and Nature of the Office

  • Part of the Union Executive: Articles 52 to 78 in Part V of the Indian Constitution deal with the “Union Executive”. The Union Executive consists of the President, the Vice-President, and the Council of Ministers and the Cabinet headed by the Prime Minister.
  • Head of Government: India has adopted the British Parliamentary executive model where the Prime Minister functions as the Head of the Government, while the President is the Head of the State.
  • Real Executive Authority: Unlike the President, who is the constitutional and nominal head, the Prime Minister exercises real (de-facto) executive authority and leads the collegiate executive.
  • Primus Inter Pares: The Prime Minister is described as “primus inter pares” (first among equals) and the “key stone of the Cabinet arch” (Lord Morley). Lord Morley noted that the head of the Cabinet occupies a position of exceptional and peculiar authority.
  • Prime Ministerial Government: Due to the pivotal role and supreme governing authority of the Prime Minister, political scientists often refer to the parliamentary system as a “Prime Ministerial Government”.
  • Apex Decision-Making Authority: The Prime Minister stands at the top as the supreme governing authority of the country.

2. Appointment, Selection, and Tenure

  • Constitutional Provision (Article 75): Article 75 specifies that the Prime Minister shall be appointed by the President of India.
  • No Direct Election: There is no direct election to the post of Prime Minister, nor does the Constitution lay down a detailed specific procedure for selection.
  • Appointment Rules:
    • The appointment is not by the personal choice of the President.
    • The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha.
    • If no single party gets a majority, the President appoints the person most likely to secure majority support.
  • House Membership: Under the Constitution, ministers including the Prime Minister can be members of either House of Parliament (Lok Sabha or Rajya Sabha). However, irrespective of their House membership, they are responsible only to the Lok Sabha.
  • Tenure:
    • The Prime Minister does not have a fixed tenure.
    • He/she remains in power only as long as he/she commands the confidence of the majority legislators/enjoys the majority support in the Lok Sabha.
    • If the Prime Minister loses the confidence of the Lok Sabha, the entire government has to quit and face elections.

3. Role in Cabinet and Council of Ministers

  • Formation of the Council of Ministers: The first and foremost function of the Prime Minister is to prepare the list of his ministers, submit it to the President, and form the Council of Ministers.
  • Appointment of Other Ministers: Other ministers are appointed by the President strictly on the advice of the Prime Minister; the President cannot appoint anyone not recommended by the Prime Minister.
  • Allocation and Reshuffling of Portfolios:
    • Allocates portfolios among ministers (Cabinet Ministers, Ministers of State, and Deputy Ministers).
    • Retains the power to transfer ministers between departments, reshuffle their portfolios from time to time, bifurcate or trifurcate departments, or amalgamate different departments into one.
    • Has the discretionary power to designate any minister as Deputy Prime Minister.
    • May keep any department or departments under his/her direct control.
  • Dismissal and Resignation of Ministers: The Prime Minister has the power to advise the President to dismiss any minister individually or require any minister to resign.
  • Central Arch of Cabinet: While the resignation of an individual minister merely creates a single vacancy, the resignation or death of the Prime Minister dissolves and brings an end to the entire Council of Ministers.
  • Cabinet Meetings: Functions as the Chairman of the Cabinet, summons its meetings, and presides over them.
  • Policy Coordination and Supervision: In-charge of coordinating the general policy of the government and possesses the right of supervision over all government departments.
  • Kitchen Cabinet: Every Prime Minister in India has had an informal “Kitchen Cabinet” (an Inner Cabinet or a smaller circle within the cabinet) to maintain secrecy and assist in making decisions on important political matters.

4. Channels of Communication and Constitutional Duties

  • Sole Channel of Communication:
    • Acts as the sole channel of communication between the President and the Council of Ministers.
    • Acts as the sole channel of communication between the Parliament and the Ministers.
  • Constitutional Duties (Article 78): Deals with the duties of the Prime Minister regarding the furnishing of information to the President.
  • Aid and Advice to the President (Article 74): The Council of Ministers with the Prime Minister at the head aids and advises the President, who must act in accordance with such advice.
  • Chief Spokesperson: Functions as the chief spokesperson of the government in foreign affairs.

5. Ex-Officio Roles and Chairmanships

  • Inter-State Council: Serves as the Chairperson of the Inter-State Council established under Article 263.
  • NITI Aayog: Serves as the Ex-Officio Chairman of the National Institution for Transforming India (NITI Aayog).
  • National Development Council (NDC): Serves as Chairman of the National Development Council.
  • Nuclear Command Authority: Serves as the Chairman of the Nuclear Command Authority.

6. Prime Minister’s Office (PMO)

  • Meaning & Status:
    • An agency established to provide secretarial assistance and advice to the Prime Minister.
    • It is an extra-constitutional body holding the status of a department of the Government of India.
    • Houses the Prime Minister and selected civil service officers to manage and coordinate government actions.
  • History:
    • Came into existence in 1947.
    • Originally named the Prime Minister’s Secretariat (PMS); renamed Prime Minister’s Office (PMO) in 1977 during the Morarji Desai ministry.
  • Leadership: Headed politically by the Prime Minister and administratively by the Principal Secretary to the Prime Minister.
  • Key Components: Includes an anti-corruption unit and a public wing dealing with grievances.
  • Core Functions of the PMO:
    1. Assists the Prime Minister in his/her overall responsibilities as head of government and in maintaining communication with central ministries/departments and state governments.
    2. Assists the Prime Minister in duties as Chairman of NITI Aayog and the National Development Council.
    3. Manages public relations, including press interactions and communications with the general public.
    4. Handles all references coming to the Prime Minister under the Rules of Business.
    5. Provides assistance in examining cases submitted for orders under prescribed rules.
    6. Maintains harmonious relationships with the President, State Governors, and foreign representatives.
    7. Acts as the “think-tank” of the Prime Minister, handling subjects not allotted to any specific department or ministry.
    8. Distinction from Cabinet Secretariat: Does not handle the Prime Minister’s responsibilities as Chairman of the Union Cabinet; Cabinet cases are handled directly by the Cabinet Secretariat, which also functions under the Prime Minister’s direction.

7. Historical Details Mentioned in the Document

  • Pandit Jawaharlal Nehru:
    • Appointed Vice-President of the Viceroy’s Executive Council in the Interim Government (1946).
    • Became the first Prime Minister of independent India, sworn in by Governor-General Lord Mountbatten on August 15, 1947.
    • Held the portfolios of Prime Minister, External Affairs & Commonwealth Relations, and Scientific Research in the first cabinet of free India (1947).
    • Remarked that the Zonal Councils (established in 1956) were intended to “develop the habit of co-operative working”.
    • Outlined the significance of the Speaker of the Lok Sabha and emphasized cooperation between the two Houses of Parliament.
  • Indira Gandhi: Enacted the 42nd Constitutional Amendment in 1976 during the National Emergency.
  • Morarji Desai: Led the first Administrative Reforms Commission formed in 1966 before K. Hanumanthaiah, and renamed the Prime Minister’s Secretariat to the Prime Minister’s Office in 1977.
  • H. D. Deve Gowda and I. K. Gujral: Prime Ministers in the United Front Government (1996–1998) under whom S.R. Bommai served as Human Resource Development Minister.
  • Atal Bihari Vajpayee: Led the NDA Government that constituted the National Commission to Review the Working of the Constitution (Venkatachaliah Commission) on February 22, 2000.

Vice president of India Tnpsc Samacheer Notes

1. Constitutional Basis and Position

  • Constitutional Model: On the pattern of the Constitution of the USA, the Indian Constitution provides for the office of the Vice-President of India under Article 63.
  • Precedence: The Vice-President of India occupies the second highest office in the country.
  • Union Executive Component: Along with the President, the Council of Ministers, and the Cabinet headed by the Prime Minister, the Vice-President forms part of the Union Executive.
  • Constitutional Articles: Articles 63 to 70 of the Indian Constitution deal with the ‘Vice-President’.
  • Source Influence: Provisions relating to the removal and post of the Vice-President were adopted/inspired from the US Constitution.
  • Apex Body: The Vice President of India is listed among the Union Government Apex Bodies.

2. Qualifications

To be eligible for election to the office of Vice-President, a person:

  • Must be a citizen of India.
  • Must have completed the age of thirty-five (35) years.
  • Must be eligible for election as a member of the Rajya Sabha.
  • Must not hold any office of profit.
  • In this connection, provisions similar to those relating to the President apply.

3. Election Procedure

  • Electoral Body: The Vice-President is elected by the elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
  • Voting Method: The election is held by secret ballot on the basis of the proportional representation system, by means of the single transferable vote.
  • Dispute Resolution: In the evaluation exercises, disputes regarding the election of the Vice-President are addressed under the jurisdiction of the Supreme Court.

4. Term of Office, Resignation, and Removal

  • Term: The Vice-President is elected for a term of five (5) years.
  • Resignation: He/she can voluntarily resign from office before the completion of the term by writing directly to the President.
  • Removal Process:
    • Can be removed from office if a resolution to that effect is passed by the Rajya Sabha by an absolute majority (special majority) of its members and agreed to by the Lok Sabha by a simple majority.
    • Rajya Sabha alone can initiate the removal of the Vice-President.
    • At least fourteen (14) days’ notice must be given prior to moving such a resolution.
    • The judicial removal procedure by Parliament is referred to as impeachment.

5. Functions and Duties

  • Ex-Officio Chairman of Rajya Sabha:
    • The Vice-President is the ex-officio Chairman of the Rajya Sabha under Article 64 of the Indian Constitution.
    • Presides over the meetings and proceedings of the Rajya Sabha and regulates the House.
    • As the presiding officer of the Rajya Sabha, his/her functions and powers are similar to those of the Speaker of the Lok Sabha.
  • Salary and Emoluments:
    • The Vice-President draws his/her salary specifically in the capacity as the Chairman of the Rajya Sabha, as the Vice-President’s office itself carries no salary.
  • Discharge of Presidential Functions / Acting President:
    • When a vacancy occurs in the office of the President due to death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected.
    • The President can also tender resignation directly to the Vice-President.
    • The period during which the Vice-President acts as President shall not exceed six (6) months.
    • Discharges presidential functions when the sitting President is unable to do so due to absence, illness, or any other cause until the President resumes office.
    • While acting as President, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha.
    • While acting as President, he/she enjoys all powers and immunities of the President and receives such salary, allowances, and emoluments as may be determined/fixed by Parliament by law.

6. Historical Note

  • In the Constituent Assembly of India, two Vice-Presidents were elected: H.C. Mukherjee and V.T. Krishnamachari.

President of India Tnpsc Samacheer Notes

Constitutional Status and Nature of the Office

  • Head of the State: The President is the Head of the Indian State, the First Citizen of India, and acts as the symbol of unity, integrity, and solidarity of the nation.
  • Constitutional Domain: Articles 52 to 78 in Part V of the Indian Constitution deal with the Union Executive, of which the President is a constituent part along with the Vice-President, Prime Minister, and Council of Ministers.
  • Establishment of Office: Article 52 provides that there shall be a President of India.
  • Executive Power: Article 53 lays down that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or indirectly.
  • Supreme Head: The President is the supreme head of all constitutional wings of the State—Legislature, Executive, Judiciary, and Armed Forces—supervising their functions and ensuring adherence to constitutional provisions.
  • Nominal Executive: Unlike the President of the USA, who wields real (de-facto) executive powers, the President of India is not vested with direct executive responsibilities; direct executive responsibilities are assigned to the Council of Ministers led by the Prime Minister. The President serves as the nominal (de jure or titular) executive.

Qualifications for Election (Article 58)

Under Article 58, no person shall be eligible for election as President unless he:

  • Is a citizen of India.
  • Has completed the age of 35 years.
  • Is qualified for election as a member of the Lok Sabha.
  • Does not hold any office of profit under the Government of India, the government of any state, or under any local or other authority subject to the control of any of the said governments.

Nomination Requirements

  • Electors Support: The nomination of a candidate for election must be subscribed by at least 50 electors as proposers and seconded by another 50 electors from the Electoral College.
  • Security Deposit: Every candidate has to make a security deposit of Rs. 15,000 in the Reserve Bank of India.
  • Forfeiture: This security deposit is forfeited if the candidate fails to secure 1/6th of the votes polled.

Electoral College Composition

The President is elected indirectly by an Electoral College consisting of:

  • The elected members of both Houses of Parliament.
  • The elected members of the Legislative Assemblies of the States.
  • The elected members of the Legislative Assemblies of the Union Territories of Delhi and Pondicherry.

System of Election and Voting Method

  • Manner of Election: The election is held in accordance with the system of proportional representation by means of a single transferable vote, and voting is conducted by secret ballot.
  • Majority Requirement: This system ensures that the successful candidate is returned by an absolute majority of votes.
  • Electoral Quota Formula:
    $$\text{Electoral Quota} = \left(\frac{\text{Total number of valid votes polled in the election}}{\text{Number of electors to be elected} + 1}\right) + 1$$
  • Ballot Paper: Each member of the Electoral College is given only one ballot paper.
  • Preference Marking: The voter is required to indicate preferences by marking 1, 2, 3, 4, etc., against the names of the candidates, indicating as many preferences as there are candidates in the fray.
  • Counting Process:
    • In the first phase, the first-preference votes are counted.
    • If a candidate secures the required quota in this phase, he is declared elected.
    • Otherwise, the transfer of votes is carried out: the ballots of the candidate securing the least number of first-preference votes are cancelled, and his second-preference votes are transferred to the first-preference votes of other candidates.
    • This process continues until a candidate secures the required quota.

Oath or Affirmation

  • Pledge: Before entering upon his office, the President takes and subscribes an oath or affirmation swearing:
    • To faithfully execute the office.
    • To preserve, protect, and defend the Constitution and the law.
    • To devote himself to the service and well-being of the people of India.
  • Administering Authority: The oath of office is administered by the Chief Justice of India, and in his absence, by the senior-most judge of the Supreme Court.

Entitlements, Emoluments, and Immunities

  • Official Residence: Entitled to the rent-free use of the official residence (Rashtrapati Bhavan, New Delhi).
  • Emoluments and Allowances: Entitled to such emoluments, allowances, and privileges as determined by Parliament.
  • Legal and Criminal Immunity:
    • Enjoys personal immunity from legal liability for official acts.
    • Completely immune from any criminal proceedings during his term of office.

Term of Office, Resignation, and Re-election (Article 56)

  • Tenure: Holds office for a term of 5 years from the date on which he enters upon his office.
  • Resignation: Can resign at any time by addressing the resignation letter to the Vice-President of India.
  • Holding Beyond Term: Can hold office beyond the five-year term until his successor assumes charge.
  • Re-election: Eligible for re-election to the office.

Impeachment Procedure (Article 61)

  • Ground: Can be removed from office before completion of the term through the process of impeachment for “violation of the Constitution”.
  • Initiation: The impeachment charge can be initiated in either House of Parliament.
  • Notice and Signatures: Requires a resolution signed by at least 1/4th of the total number of members of the originating House, moved after giving at least 14 days’ advance notice.
  • First House Approval: The resolution must be passed by a majority of not less than two-thirds of the total number of members of the House.
  • Investigation and Second House Approval: The charge is investigated by the other House; if a resolution is passed by the investigating House by a majority of two-thirds of its total membership, the President stands removed from office from the date of passing of the resolution.

Vacancy and Succession

  • Causes of Vacancy: Vacancy arises due to:
    1. Expiry of the five-year tenure.
    2. Resignation.
    3. Removal by impeachment.
    4. Death.
    5. Becoming disqualified to hold office or election declared void.
  • Election Timeline: If vacancy occurs due to resignation, removal, or death, the election to fill the vacancy must be held within six months.
  • Acting President:
    • The Vice-President acts as President until a new President is elected.
    • During temporary absence or illness, the Vice-President discharges presidential functions until the President resumes office.
    • If the office of the Vice-President is vacant, the Chief Justice of India acts as President.
    • If the Chief Justice’s office is also vacant, the senior-most judge of the Supreme Court acts as President or discharges the functions.
    • Any person acting as President enjoys all the powers, immunities, emoluments, allowances, and privileges of the President as determined by Parliament.

Powers and Functions of the President

1. Executive Powers

  • Administration in President’s Name: All administration is carried out in the President’s name; makes rules for the transaction of government business and allocation of work among ministers.
  • Appointments and Removals: Appoints the Prime Minister, other ministers, State Governors, Supreme Court and High Court judges, and heads/members of various constitutional bodies and diplomatic corps.
  • Supreme Command: Holds the supreme command of the Defence Forces; war is declared in the name of the President.
  • Foreign Relations: Maintains foreign relations; Ambassadors and High Commissioners act as his representatives in foreign lands.
  • Supervision over Cabinet: Entitled to have information of all important Cabinet decisions, can refer any matter for Cabinet consideration, and ensures the Council of Ministers retains majority support in the Lok Sabha.
  • Independent Agencies: Approves rules and regulations for the working of the Supreme Court and other independent agencies.
  • Directing States: Sends directions and instructions to state governments and can invoke Article 356 in case of breakdown of constitutional machinery in a state.

2. Legislative Powers

  • Summoning and Dissolution: Summons and prorogues Parliament and can dissolve the Lok Sabha.
  • Joint Sessions: Can convene joint sessions of the Lok Sabha and Rajya Sabha to resolve deadlocks between the two Houses.
  • Inaugural Address and Messages: Delivers inaugural addresses to Parliament at the commencement of the first session each year and sends messages to Parliament.
  • Nominations:
    • Nominates 12 members of eminence in literature, science, art, and social service to the Rajya Sabha.
    • Nominates 2 members from the Anglo-Indian community to the Lok Sabha.
  • Presiding Officer Pro Tem: Appoints a presiding officer pro tem in the Lok Sabha.
  • Assent and Veto Powers:
    • Exercises veto power over non-money bills passed by Parliament (absolute as well as suspensive vetoes) and can return non-money bills for reconsideration.
    • Exercises absolute veto power over State legislation in certain cases.
  • Prior Sanction: Prior permission/recommendation is mandatory for introducing certain categories of bills in Parliament.
  • Ordinance-Making Power: Can promulgate ordinances when Parliament is not in session for a period not exceeding six months.
  • Presentation of Reports: Causes the presentation of reports and recommendations of various commissions (such as the CAG audit reports) before Parliament.

3. Financial Powers

  • Money Bills: Prior recommendation of the President is required for introducing a Money Bill in the Lok Sabha.
  • Contingency Fund: Keeps control over the Contingency Fund of India to meet unforeseen expenditures.
  • Annual Budget: Causes the annual financial statement (budget) to be presented to Parliament.
  • Finance Commission: Appoints the Finance Commission every five years.
  • Revenue Allocation: Determines the amounts of grants-in-aid in lieu of jute export duty to Assam, Bihar, Odisha, and West Bengal, and determines the shares of States in income tax proceeds.

4. Judicial Powers

  • Prerogative of Mercy: Grants pardons, reprieves, respites, or remissions of punishments, and suspends or commutes sentences (including capital punishment/death sentences) under the prerogative of mercy.
  • Judicial Appointments: Appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
  • Advisory Jurisdiction (Article 143): Can refer any question of law or fact of public importance to the Supreme Court for advisory opinion (the advice is non-binding).

5. Emergency Powers (Part XVIII)

The Constitution confers extraordinary emergency powers under Part XVIII to deal with three types of emergencies:

  • National Emergency (Article 352): Proclaimed when the security of India is threatened by war, external aggression, or internal rebellion.
  • President’s Rule / State Emergency (Articles 356 & 365):
    • Article 356: Imposed in the event of the breakdown of constitutional machinery in a State.
    • Article 365: Enforced when a State fails to comply with or obey the directions of the Union Government or the Constitution.
  • Financial Emergency (Article 360): Declared if the President is satisfied that the financial stability or credit of India is threatened.
  • Impact during emergencies: The President can suspend laws and dissolve ministries and legislatures for specified periods.

6. Miscellaneous Powers

  • Determines the strength of judges in the High Courts.
  • Frames rules for the composition and working of the Union Public Service Commission (UPSC).
  • Sets up the Official Languages Commission and oversees measures for the progressive use of Hindi for official purposes.
  • Promulgates special regulations for the administration of the State of Jammu and Kashmir.
  • Makes special rules and regulations for the administration of Scheduled and Tribal Areas, as well as Union Territories.
  • Directly runs the administration of Union Territories and Scheduled and Tribal Areas.
  • Allows the extension, modification, or abrogation of laws in cases of ports and aerodromes.

Directive principles of state policy Tnpsc samacheer notes

1. Introduction, Meaning, and Constitutional Placement

  • Constitutional Location: Enshrined in Part IV of the Constitution, spanning Articles 36 to 51.
  • Origin and Inspiration:
    • The framers borrowed the concept from the Irish Constitution of 1937, which had adapted it from the Spanish Constitution.
    • Notable sources also indicate structural parallels to the Instrument of Instructions issued under the Government of India Act of 1935.
  • Philosophical Essence & Characterizations:
    • Dr. B.R. Ambedkar identified these principles as novel features of the Constitution, emphasizing that their core objective is establishing economic democracy alongside political democracy.
    • Granville Austin referred to the Fundamental Rights and the Directive Principles together as the “Conscience of the Constitution”.
    • They embody the ideals of establishing a welfare state rather than a colonial-era police state.
  • Definition of “State” (Article 36):
    • In Part IV, the term “State” shares the same definition as provided under Part III (Fundamental Rights), encompassing legislative and executive organs across Union, State, and local levels, along with other statutory and public authorities.

2. Nature, Sanction, and Enforceability

  • Non-Justiciable Character (Article 37):
    • DPSPs are not legally enforceable through the courts of law for any non-compliance or violation.
    • Consequently, judicial orders cannot directly compel the central, state, or local authorities to enforce them.
  • Constitutional Obligation (Article 37):
    • Article 37 explicitly affirms that these directives are fundamental in governance, making it the bounden duty of the State to apply them when framing legislation and formulating policies.
  • Ultimate Sanction Behind Directives:
    • Unlike Fundamental Rights which enjoy legal sanctions, the primary sanction supporting DPSPs is political and moral—specifically, an awakened public opinion and accountability before voters during elections.
  • Reasons for Non-Justiciability at Framing:
    • Severe limitation of financial resources in the newly independent country.
    • Enormous societal diversity and backwardness posing logistical challenges.
    • Avoiding an overwhelming burden on the developing Indian State, allowing it freedom regarding time, mode, and priority of execution.
  • Judicial Utility:
    • Courts routinely reference DPSPs to assess the constitutional validity of laws, determining whether legislative restrictions under Article 14 or Article 19 are reasonable when enacted to achieve these directive objectives.

3. Classification of the Directive Principles

The Constitution does not explicitly group these articles, but based on ideological leanings and content, they are categorized into three broad divisions:

A. Socialistic Principles

Aim to realize a democratic socialist state providing socio-economic justice:

  • Article 38: Securing a just social order to foster public welfare and reducing disparities regarding income, status, facilities, and opportunities.
  • Article 39: Guiding state action to secure:
    • Adequate means of livelihood for all citizens.
    • Fair and equitable distribution of material resources for public benefit.
    • Prevention of concentration of wealth and means of production to common harm.
    • Equal remuneration for identical work across genders.
    • Protection of the health, stamina, and wellbeing of workers and preventing abuse of young children.
    • Sufficient opportunities ensuring healthy development of children.
  • Article 39A: Facilitating equal justice and offering free legal aid to underprivileged citizens.
  • Article 41: Assuring the right to work, education, and public assistance during unemployment, infirmity, sickness, and old age.
  • Article 42: Creating humane and just conditions of labor, including provisions for maternity relief.
  • Article 43: Ensuring all workers receive a living wage, reasonable working hours, decent living conditions, and avenues for social and cultural life.
  • Article 43A: Empowering workers by providing avenues for their participation in industrial management.
  • Article 47: Enhancing the level of public nutrition, raising general living standards, and bettering overall public health.

B. Gandhian Principles

Incorporate the national movement’s rural and social reconstruction agenda envisioned by Mahatma Gandhi:

  • Article 40: Establishing village panchayats and giving them authority to operate as genuine self-governing units.
  • Article 43: Promoting cottage and rural industries on an individual or cooperative basis.
  • Article 43B: Promoting democratic control, professional administration, autonomous functioning, and voluntary setup of cooperative societies.
  • Article 46: Protecting the educational and economic advancements of Scheduled Castes, Scheduled Tribes, and other vulnerable sections, shielding them against social injustices and exploitation.
  • Article 47: Enforcing the prohibition of intoxicating drinks and toxic substances harmful to individual health.
  • Article 48: Halting the slaughter of cows, calves, and draught cattle, alongside improving their breeds.

C. Liberal–Intellectual Principles

Reflect principles rooted in liberal governance and institutional independence:

  • Article 44: Striving toward a Uniform Civil Code applicable to all citizens nationwide.
  • Article 45: Fostering early childhood care and offering education to every child until they attain the age of six years.
  • Article 48: Organizing modern and scientifically backed techniques in agriculture and animal husbandry.
  • Article 48A: Protecting and enhancing environmental ecosystems, including forests and wildlife.
  • Article 49: Preserving artistic, historical, and declared monuments or locations of national significance.
  • Article 50: Safeguarding public administration by keeping the judiciary separated from executive branches.
  • Article 51: Fostering international harmony, maintaining just relationships among nations, respecting treaty obligations, and resolving disputes via arbitration.

4. Directives Added or Modified by Constitutional Amendments

  • 42nd Amendment Act (1976): Introduced four new directives:
    • Opportunities for healthy development of children (Article 39).
    • Promotion of equal justice and free legal assistance (Article 39A).
    • Ensuring worker participation in industrial management (Article 43A).
    • Safeguarding forests, wildlife, and the environment (Article 48A).
  • 44th Amendment Act (1978):
    • Mandated minimizing inequalities concerning income, social status, and access to opportunities under Article 38.
  • 86th Amendment Act (2002):
    • Modified the scope of Article 45 to emphasize early childhood care up to six years of age (following the elevation of primary education to a Fundamental Right under Article 21A).
  • 97th Amendment Act (2011):
    • Added Article 43B, aiming for the voluntary, professional, and autonomous management of cooperative societies.

5. Conflict with Fundamental Rights and the Basic Structure Doctrine

The tension between justiciable Fundamental Rights (Part III) and non-justiciable DPSPs (Part IV) evolved across several landmark cases:

  • Champakam Dorairajan Case (1951):
    • The Supreme Court held that in situations of conflict, Fundamental Rights prevail over DPSPs; the directives must remain subordinate to rights, although Parliament can amend Part III to give effect to directives.
  • Golaknath Case (1967):
    • The Court held that Parliament could not amend, abridge, or abolish Fundamental Rights to enforce DPSPs, viewing Fundamental Rights as sacrosanct.
  • 25th Amendment Act (1971) & Article 31C:
    • Parliament enacted Article 31C stating that laws aimed at giving effect to Article 39(b) and Article 39(c) could not be struck down for violating Articles 14, 19, or 31.
    • It also contained a clause precluding judicial review of declarations made under such laws.
  • Kesavananda Bharati Case (1973):
    • The Court upheld the constitutional validity of granting Article 39(b) and (c) protection over Articles 14 and 19.
    • However, it invalidated the portion barring judicial review, declaring judicial scrutiny a part of the basic structure.
  • Minerva Mills Case (1980):
    • The Supreme Court struck down the 42nd Amendment’s expansion of Article 31C that attempted to give blanket primacy to all DPSPs over Fundamental Rights.
    • The Court noted that the Constitution rests on the bedrock of balance and harmony between Part III and Part IV; they resemble two wheels of a chariot, and elevating one over the other undermines this constitutional equilibrium.
  • Present Legal Status:
    • Fundamental Rights maintain general primacy, but laws enacted specifically to implement Article 39(b) and Article 39(c) are shielded against challenges under Article 14 and Article 19.

6. Comparison: Fundamental Rights vs. Directive Principles

  • Restrictions vs. Mandates: Rights act as negative injunctions checking government overreach, whereas Directives are positive mandates steering state actions.
  • Enforceability: Fundamental Rights are justiciable and enforceable via judicial writs; DPSPs are non-justiciable and cannot be legally enforced by courts.
  • Democratic Focus: Rights establish political democracy; DPSPs aspire to establish social and economic democracy.
  • Sanction Types: Rights hold legal remedies; Directives rely upon moral and public electoral sanctions.
  • Scope: Rights lean toward individual protection and liberties; Directives promote collective community welfare.
  • Operational Mechanism: Rights are mostly self-executing; DPSPs require proactive legislative enactments for real-world implementation.

7. Implementation Measures Since 1950

  • Economic Planning: Launch of the Planning Commission in 1950, subsequent Five-Year Plans, and its replacement by NITI Aayog in 2015 to reduce inequalities and foster inclusive growth.
  • Agrarian Restructuring: Widespread land reform statutes addressing tenancy security, redistribution of ceiling-surplus land, cooperative farming, and the elimination of intermediaries (zamindars, jagirdars).
  • Labor Protections: Minimum Wages Act, Payment of Bonus Act, Factories Act, Mines Act, Trade Unions Act, Contract Labour Regulation Act, and the Bonded Labour System Abolition Act.
  • Child and Youth Protection: Legislation against child labour culminating in the Child and Adolescent Labour (Prohibition and Regulation) Act, and the establishment of commissions under the Commissions for Protection of Child Rights Act.
  • Welfare of Women Workers: Maternity Benefit Act (1961) and Equal Remuneration Act (1976) guaranteeing workplace equality and care.
  • Financial Redistribution: Public control measures including nationalization of commercial banks, life insurance, general insurance, and abolition of privy purses.
  • Access to Justice: Legal Services Authorities Act (1987) creating free nationwide legal aid mechanisms and Lok Adalats.
  • Rural & Small Scale Industries: Setting up specialized boards for khadi, village crafts, handlooms, sericulture, and coir industries.
  • Poverty Alleviation & Employment Schemes: MGNREGA, Integrated Rural Development Programme, and Community Development Programmes.
  • Ecology & Wildlife: Wildlife Protection Act (1972), Forest Conservation Act (1980), and Central and State Pollution Control Boards.
  • Local Self-Governance: Constitutionalization of Panchayati Raj via the 73rd Amendment Act (1992).
  • Social Equality & Vulnerable Sections: Civil Rights Protection Act, Prevention of Atrocities Act, along with constitutional/statutory bodies for SCs, STs, OBCs, Women, and Minorities.
  • Separation of Powers: Implementation of the Criminal Procedure Code (1973), which decoupled judicial functions from executive district magistrates.
  • Health & Preservation: Setting up primary health infrastructure, combating communicable diseases, and passing the Ancient and Historical Monuments Act.

8. Directives Situated Outside Part IV

The Constitution also prescribes certain non-justiciable directives in other parts, which courts read harmoniously with the rest of the text:

  • Article 335 (Part XVI): Considering the claims of Scheduled Castes and Scheduled Tribes in public service recruitments consistently with overall administrative efficiency.
  • Article 350-A (Part XVII): Providing mother-tongue facilities for primary education to linguistic minority children.
  • Article 351 (Part XVII): A duty on the Union government to spread and foster the Hindi language to reflect the shared composite culture of India.

Fundamental Duties of indian constitution Tnpsc Samacheer Notes

1. Constitutional Placement and Origin

  • Original Status in the Constitution:
    • The original Constitution of India did not provide for the fundamental duties of citizens.
  • Historical Background & Addition:
    • Fundamental duties were added during the operation of internal emergency (1975–1977).
    • They were incorporated into the Constitution by the 42nd Constitutional Amendment Act of 1976.
    • Their inclusion was based on the recommendations of the Swaran Singh Committee.
    • The feature was borrowed from the Soviet Constitution (USSR, now Russia).
  • Subsequent Amendment:
    • The 86th Constitutional Amendment Act of 2002 added one more fundamental duty to the list.
  • Location in the Constitution:
    • Fundamental Duties are located in Part IV-A of the Constitution.
    • This part contains only one article: Article 51-A.

Here are the core structural attributes of the Fundamental Duties.

AttributeDetails
Part of ConstitutionPart IV-A
ArticleArticle 51-A (or 51A)
Borrowed SourceSoviet Constitution (USSR, now Russia)
Recommending BodySwaran Singh Committee
Initial Enactment42nd Constitutional Amendment Act of 1976 (added during the 1975–77 internal emergency)
Subsequent Addition86th Constitutional Amendment Act of 2002
Total NumberOriginally ten, currently eleven
Legal NatureNon-justiciable (cannot be enforced by courts)

2. Number and List of Fundamental Duties

  • Part IV-A (Article 51-A) specifies a total of eleven Fundamental Duties.

11 fundamental duties of indian citizens

  • to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  • to cherish and follow the noble ideals that inspired the national struggle for freedom;
  • to uphold and protect the sovereignty, unity and integrity of India;
  • to defend the country and render national service when called upon to do so;
  • to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
  • to value and preserve the rich heritage of the country’s composite culture;
  • to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
  • to develop scientific temper, humanism and the spirit of inquiry and reform;
  • to safeguard public property and to abjure violence;
  • to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and
  • to provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

3. Purpose, Significance, and Features

  • Reminder to Citizens:
    • Fundamental duties serve as a reminder to citizens that while enjoying their rights, they must also be conscious of the duties they owe to their country, society, and fellow citizens.
  • Promotion of National Values:
    • They foster fraternity, promote national integration, and protect the dignity of individuals and women.
  • Non-Justiciable Character:
    • Like the Directive Principles of State Policy, Fundamental Duties are non-justiciable in nature (they are not legally enforceable by the courts for their violation).

Amendments related to Fundamental Duties

  • Original Status: The original Constitution (1949) did not provide for the Fundamental Duties of citizens.
  • 42nd Constitutional Amendment Act of 1976:
    • Context and Addition: Fundamental duties were added during the operation of an internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.
    • New Part and Article: The amendment added a new Part, Part IV-A, which consists of only one Article: Article 51-A (or 51A).
    • Initial Scope: It originally specified ten Fundamental Duties. These duties serve as a reminder to citizens that while enjoying their rights, they must also be conscious of duties owed to their country, society, and fellow citizens.
    • Nature: Like the Directive Principles of State Policy, the Fundamental Duties are non-justiciable in nature.
  • 86th Constitutional Amendment Act of 2002:
    • Addition of the 11th Duty: Added one more Fundamental Duty, bringing the total number of duties under Article 51-A to eleven.
    • Content of the Added Duty: It added a duty under Article 51A specifying that: “It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years”.

List of fundamental rights available to foreigners in India

Fundamental rights for foreigners

The Constitutional Foundation

The Constitution of India, adopted in 1950, serves as the supreme law of the land. Part III of the Constitution encapsulates the fundamental rights granted to individuals, irrespective of their nationality. However, the application of these rights to foreigners is nuanced, and understanding the specific articles is crucial.

1. Equality before the Law (Article 14)

The cornerstone of democratic societies, Article 14 ensures equality before the law and equal protection of the laws. Foreigners residing in India are entitled to this fundamental right, emphasizing the nation’s commitment to fairness and justice for all.

2. Protection of Life and Personal Liberty (Article 21)

Article 21 guarantees the right to life and personal liberty, ensuring that no person, including foreigners, is deprived of these rights except according to the procedure established by law. This provision underscores the universal significance of life and liberty.

3. Article 21A: Right to elementary education.

Article 21A is a fundamental right enshrined in the Constitution of India that guarantees free and compulsory education to all children in the age group of six to fourteen years. It was inserted into the Constitution through the 86th Amendment Act, 2002, recognizing the crucial role of education in empowering individuals and contributing to the nation’s development.

4.Article 22: Protection against arrest and detention in certain cases.

Article 22 of the Indian Constitution is a crucial safeguard against arbitrary arrest and detention. It guarantees certain fundamental rights to individuals who are arrested or detained, ensuring due process and protecting their personal liberty.

5.Article 23: Prohibition of traffic and human beings and forced labour.

Article 23 of the Indian Constitution prohibits various forms of exploitation and guarantees dignity and freedom for all individuals. Here’s a breakdown of its key aspects:

Provisions:

Article 23(1):

  • Prohibition of human trafficking: This prohibits the buying and selling of individuals for any purpose, including forced labor, slavery, prostitution, and organ harvesting.
  • Prohibition of forced labor: This includes practices like “begar,” where individuals are forced to work without fair compensation or under threat of punishment.
  • Punishment: Any violation of this provision is punishable by law, ensuring accountability and deterring future violations.

Article 23(2):

  • Exception for public service: This clause allows the state to impose compulsory service for public purposes. However, it emphasizes that such service should not discriminate based on religion, race, caste, class, or any other factor.

6.Article 24: Prohibition of employment of children in factories etc.

Article 24 of the Indian Constitution is a crucial provision that safeguards the well-being of children and protects them from exploitation. Here’s a breakdown of its key aspects:

Provision:

  • “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

Key points:

  • Minimum age: This article sets the minimum age for employment in factories, mines, and other hazardous activities to 14 years.
  • Scope: It applies to all factories, mines, and hazardous activities, ensuring broad protection for children.
  • Hazardous activities: While not explicitly defined, the Constitution allows for legislation to determine what constitutes “hazardous employment.”
  • Objective: This article aims to prevent child labor and exploitation, ensuring that children can focus on education and healthy development.

7. Freedom of Religion (Article 25-28)

Foreigners in India are granted the freedom to profess, practice, and propagate their religion, as enshrined in Articles 25-28. This inclusivity reflects India’s secular ethos, promoting religious diversity and harmony.

The Scope and Limitations

While the Constitution extends several fundamental rights to foreigners, it’s essential to recognize certain limitations and exceptions that may apply.

1. Right to Vote (Article 326)

One notable limitation is the right to vote, reserved exclusively for Indian citizens. Despite residing in India, foreigners are not eligible to participate in the electoral process, reflecting a distinction between citizen and non-citizen political rights.

2. Specific Employment Rights

Certain government positions and roles may be restricted to Indian citizens, particularly those involving sensitive matters such as national security. Understanding these limitations provides clarity on the areas where distinctions based on citizenship exist.

Landmark Cases and Legal Interpretations

To comprehend the practical application of fundamental rights to foreigners, examining landmark legal cases is insightful. Cases such as Rajagopal v. State of Tamil Nadu and National Human Rights Commission v. State of Arunachal Pradesh have shaped the jurisprudence surrounding the rights of foreigners in India.

Contemporary Issues and Evolving Perspectives

As India navigates the complexities of a globalized world, the rights of foreigners within its borders continue to evolve. Addressing contemporary issues such as refugee rights, the treatment of foreign detainees, and access to legal remedies provides a snapshot of the ongoing discourse on this subject.

Conclusion

In conclusion, India’s commitment to upholding fundamental rights extends to foreigners residing within its borders. As we’ve explored the constitutional foundation, limitations, landmark cases, and contemporary issues, it becomes evident that the legal framework is dynamic and responsive to the changing needs of a diverse society.

Understanding the list of fundamental rights available to foreigners in India not only facilitates a more inclusive society but also underscores the nation’s commitment to justice, equality, and human dignity. As India continues to be a melting pot of cultures and identities, this exploration of fundamental rights serves as a testament to the nation’s democratic values and its embrace of individuals from all walks of life.

Salient features of Indian constitution Tnpsc

The features of the Indian Constitution are:

The Longest Written Constitution

  • It is lengthiest written constitution is often compared to elephant (Elephantine constitution) due to its size.
  • The things that make the constitution bulky is the incorporation of provisions such as the Public Service Commission, elections, All India service, Organization of Legislature, Executive and Judiciary of the Union and the state etc.
  • The original constitution that presented in 26th January 1950 consisted of 395 articles divided is divided into 22 parts and 8 schedules.
  • Currently, it is 448 articles divided into 24 parts and 12 schedules.
  • Although the last article of the constitution is Article 395.
  • The total number of articles in March 2013 is 448.
  • The new articles are added to the constitution without disturbing the original numbering order.
  • As of March 2013, there were 98 amendments to the constitution which was first enacted in 1950.

Parliamentary Democracy

  • There was debate between choosing the form of government during the independence between Parliamentary form or Presidential form.
  • The Presidential form of government was not choose as there was separation of powers between the Legislature and Executive, which may result in fight between the two, and newly formed country cannot be good for such conflicts.
  • Parliamentary form of government or Cabinet form was chosen, which is based on Britain’s Westminster Model with a nominal and a real executive.
  • As India is a republic, the country adopted an elective president who became the nominal executive acting as the head of the state (country) and the real power were vested in the real executive consisting of the council of minister headed by the Prime Minister. Similar to Britain.
  • “The real executive is directly responsible individually and collectively to the parliament for acts of commissions and omissions”.
  • India enacted the Democracy form of government, election to held every 5 years with certain basic freedoms.

A Combination of Flexibility and Rigidity

  • It is a combination of flexibility and rigidity in amending the constitution.
  • The intelligent balance between flexibility and rigidity depends upon whether a law to be amended is a constitutional law or an ordinary law.
  • Only a few provisions of the constitution that require ratification by not less than 1/2 of the state legislature beside 2/3 majority in both the houses of Parliament present and voting.
  • With special majority some of not less than 2/3 in both upper and lower house of the Parliament present and voting for amending some provisions of the constitution.
  • Some provisions such as changes in names, boundaries of the state, abolition or creation of second chamber of a state legislature etc can be modified or changed by a simple majority.

Enforcement of Constitution

  • Some provision came in force on November 26, 1949, itself such as provisions regarding citizenship, elections, provisional parliamentary, temporary and transitional provisions and short titles which present in the Article 5, Article 6, Article7 Article 8, Article 9, Article 60, Article 324, Article 366, Article 367, Article 379, Article 380, Article 388, Article 391, Article 392, and Article 393.
  • Then the majority of remaining provision came into force on January 26, 1950.

A Statement of Fundamental Rights

  • The fundamental rights form the ‘sine qua non’ of a civic society.
  • Motilal Nehru Committee Report of 1928 demanded for the incorporation of fundamental rights for the first time.
  • But the one emphatic on Fundamental right was the Sapru Committee Report of 1944.
  • ” The framing of fundamental rights is not only necessary for giving assurances to the minorities but also for preserving standards of conduct for the legislature, government and the courts.”
  • The fundamental rights are not absolute.
  • There were seven fundamental rights in 1950, right to property was deleted from the list of fundamental list and placed under statute by 44th amendment of 1978.
  • In 2002, by 86th amendment, education is made as a fundamental right by the Parliament and added as Article 21A.
  • On April 1, 2010, the Right of Children to free and compulsory Education Act came into force.
  • Currently, there are 6 fundamental rights under article 14 to 32 in Part III of the constitution, as follows:
  1. Right to equality by Articles 14 to 18.
  2. Right to freedom of speech and expression, right to life and liberty and right to education, etc. under the articles 19, 20, 21, 21A, and 22.
  3. Right against exploitation by Articles 23 & 24.
  4. Right to freedom of religion by Articles 25 to 28.
  5. Cultural and educational rights by Articles 29 & 30
  6. Right to constitutional remedies by Articles 32 to 35.

DPSP (Directive Principles of State Policy)

  • Directive Principles of State Policy is a declaration of the comprehensive social, political, and economic programme of the state for the creation of a society based on justice and equality which is included in Part IV of the constitution.
  • DPSP is a non-justiciable, that means no action can be taken against the government for non-adherence of the policies of DPSP.
  • However, the government must fulfil the policies mentioned in DPSP as it is considered as ‘Fundamental’ in governance or else the government must face the wrath of people as observed by Ambedkar.
  • DPSP acts as a guide to the government.
  • DPSP is inspired by Gandhian, Socialist and liberal principles.
  • Some of its principles are the abolition of liquor, the abolition of cow slaughter, right to adequate means of livelihood, equal pay for equal work, uniform civil code throughout the country, separation of the executive from judiciary etc.

Federalism

  • The founders of the constitution chosen the federal form of government, that is the state government and central government.
  • The power and authority are divided between the Central and State government for administrative convenience.
  • ‘both are mutually exclusive yet interdependent’
  • There are three lists in the division of powers that are the Union List, State List and Concurrent List.
  • The Union Government or Central government has more power and authority, it has over 97 subjects, they are Defence, Science and Technology, Home, Atomic Energy etc.
  • The State government has over 66 subjects such as education, health, family planning etc
    • The concurrent list, the Union and the state’s shares over 47 subjects such as Marriage, contract based on mutual consent and consultation, divorce etc.
    • Indian constitution is fully federal because the residuary power is with the union by the states, the centre has the power to supersede a state government.
    • Also, the president has the power to withdraw to the Union, executive and legislative power of a state at any time, if state administration is not properly carried out by Article 356.
    • Due to its dual nature of the Indian constitution, it is considered as partly federal and partly unitary (Quasi Federal).
    • Indian constitution is a combination of both, by Alexandrowiez.

Independent Judiciary

  • For the purpose of Judicial independence, Judiciary system is kept at the distance from Executive and Legislature.
  • The makers of the constitution though that Executive and Legislature might manipulate the Judiciary to its advantage, as the Legislature does the process of law-making and executive do the process of the law implementation.
  • In order to get the public confidence, and to ensure impartiality of decisions, the judiciary is made independent of Legislature and Executive.
  • For this reason, the salaries of the Judicial Department is not charged from the government but it is charged from the Consolidated Fund of India (CFI).
  • A corpus of 50 crores which is enhanced from time to time.
  • By this one of tenets of Directive Principles of the State Policy (DPSP) is fulfilled.

Popular Sovereignty

  • It means ultimate sovereign power in the hands of the people, changed periodically by way of Universal Adult Franchise.
  • This system enables Universal Adult Suffrage, in which all eligible adult citizens of the country exercise their vote by a single non-transferable vote to elect a government of their choice.
  • A party or the parties that win the majority forms the government and the others form the opposition.
  • Earlier, the minimum age for voting in India was 21, and now it is 18 years as per the 61st constitution Amendment Act, 1988.
  • Some argued that uneducated people should not be given with the right to vote but the constitution-makers felt all the people were equally responsible in India attaining independence irrespective of caste, religions, sex, education etc.
  • During the 1950 general election, out of 180 million adult population, only 88 million people put their vote.
* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.