Gist of Indian Year Book
The Polity (Part -1)
The Republic of India is governed in terms of the Constitution, which was
adopted by Constituent Assembly on 26 November 1949 and came-into force on 26
- The Constitution of India provides for a single citizenship for the
whole of India.
- Acquisition of Citizenship: The Citizenship Act, 1955 prescribes five
ways of acquiring citizenship.
By Birth: If he is born in India on or after 26 January,
1950 but before 30 June, 1987; or if he is born in India on or after 1 July
1987 but at the time of his birth either of his parents was a citizen of
By Descent: A person born outside India on or after 26
January, 1950, is a citizen of India by descent if at the time of his birth
either of his parents was an Indian Citizen. But before person born outside
India was entitled to Indian Citizenship only if his father (and not his
mother) was an Indian Citizen.
- By Registration
- By Naturalisation: A foreigner can become an Indian citizen by
- By Incorporation of Territory
Loss of Citizenship
- By Renunciation: An Indian citizens who is also a citizen or national of
another country, can renounce his Indian. Citizenship.
- By Termination: When an Indian Citizen voluntarily acquires the
citizenship of another country, his Indian citizenship automatically
- By Deprivation: It is a compulsory termination of Indian citizenship by
the Central Government.
- These are guaranteed in the Constitution in the form of six broad
categories of Fundamental Right which are justiciable.
- Article 12 to 35 contained in Part III of the Constitution deal with
|1. Right to equality (Articles 14-18)
||(a) Equality before law and equal protection of laws (Article 14).
(b) Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth (Article 15).
(c) Equality of opportunity in matters of public employment (Article
(d) Abolition of untouchability (Article 17).
(e) Abolition of titles except military and academic (Article 18).
|2. Right to freedom (Article 19-22)
||(a) Protection of six rights in respect of: (i) speech and
(ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi)
profession (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty Article 21).
(d) Right to elementary education (Article 2 IA).
(e) Protection against arrest and detention in certain cases (Article
|3. Right against exploitation
||(a) Prohibition of traffic in human beings and forced labour
(Article 23-24) (Article 23).
(b) Prohibition of employment of children in factories, etc. (Article
|4. Right to freedom of religion
||(a) (Article 25-28) Freedom of conscience and free profession,
practice and propagation of religion (Article 25)
(b) Freedom to manage religious affairs (Article 26)
(c) Freedom from payment of taxes for promotion of any religion (Article
(d) Freedom from attending religious instruction or worship in certain
educational institutions (Article 28).
|5. Cultural and educational rights (Articles 29-30)
||(a) Protection of language, script and culture of minorities
(b) Right ofminorities to establish and administer educational
institutions (Article 30).
|6. Right to constitutional remedies (Article 32)
||Right to move the Supreme Court for the enforcement of fundamental
rights including the writs of (i) habeas corpus (ii) mandamus, (iii)
prohibition, (iv) certiorari, and (v) quo warrento (Article 32)
- By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental
Duties of the citizens have also been enumerated.
- Article 51 ‘A’ contained in Part IV A of the Constitution deals with
- According toArticle.51A, it shall be the duty of every citizen of India.
(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
(k) 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)
Directive Principles of State Policy
- Article 40: State shall organize village panchayat as unit of
- Article 43: State shall try to promote cottage industries.
- Article 46: State shall promote with special care the educational and
economic interests at the weaker sections of the peoples: SC and ST.
- Article 47 State shall try to secure the improvement of public -health
and the prohibition of intoxicating drinks and drugs.
- Article 48: State shall preserve and improve the breeds and prohibit the
slaughter of cows, calves and other cows and drought cattle.
Directives Inspired by Western Liberal Ideas
- Article 44 : to secure a uniform civil code throughout the territory of
- Article 45: Free compulsory and primary education for the children upto
- Article 49 : to-protect and maintain places of - historic or a rustic
- Article 50 : to work towards separating the judiciary from the
- Article 51: to. promote international peace and amity,maintain
honourable relations between nations, foster respect for international law
and treaty obligation.
Directives Inspired by Socialistic Ideas
Ideals of Social Security
Right to work, to education and public assistance in
certain cases (article 41). Recently the Supreme Court declared, in Mohini
Jam’s Case that the right to education be equated with a fundamental right
and it should be read with Article 22.This is because the right to life
means a dignified life, which has nomeaning without education.
- Free and compulsory education for children upto 14 years. (Article 45)
- Promotion of educational and economic interests of the weaker sections.
- Raising the standard of living and improvement of health. (Article 47)
- Equal justice and free legal aid. (Article 39 A).
- Just and human conditions of work. (Article 42)
The Union Executive
- The Union executive consists of the President, the Vice-President,
Attorney General and the Council of Ministers with the Prime Minister as the
-head to aid and advise the President.
The President is elected by members of an electoral
college consisting of elected members of both Houses of Parliament and
Legislative Assemblies of the states in accordance with the system of
proportional representation by means of single transferable vote. The
President must be a citizen of India, not less than 35 years of age and
qualified for election as member of the Lok Sabha.
- His term of office is five years and he is eligible for re-election.
- His removal from office is to be in accordance with procedure prescribed
in Article 61 of the Constitution.
- He may, by writing under his hand addressed to the Vice-President,
resign his office.
- Executive power of the Union is vested in the President and is-exercised
by him either.
Articles Related to President
||The President of India
||Executive Power of the Union
||Election of President
||Manner of election of President -
||Term of office of President
||Eligibility for re-election
||Qualifications for election as President
||Conditions of President's office
||Oath or affirmation by the President
||Procedure for impeachment of the President
||Time of holding election to fill vacancy in the office of President
||Vice-President to act as President or to discharge his functions
||Matters relating to the election of President
||Power of President to grant pardons etc. and to suspend, remit or
commute sentences in certain cases.
||Council of Ministers to aid and advise the President.
||Other provisions as to ministers like appointment, term, salaries,
||Attorney-General of India
||Conduct of business of the Government of India
||Duties of Prime Minister in respect to furnishing of information to
the president, etc.
||Sessions of Parliament, propogation and discussion
||Assent to bills passed by the Parliament
||Union budget (annual financial statement)
||Power of President to promulgate ordinances
- Power of President to consult Supreme Court. directly or through
officers subordinate to him in accordance with the Constitution.
- Supreme command of defence forces of the Union also vests in
The Vice-President is-e1ected by members of an electoral
college consisting of members of both House of Parliament in -accordance
with the system of-proportional representation by means of single
- He must be a citizen of India, not Less than 35 year of age and eligible
for election as a member of the Rajya Sabha.
- His term of office is five years and he is eligible re-e1ection.
- His removal from. office is to be in accordance with procedure
prescribed in Article 67 b.
The Vice-President is ex-officio Chairman of the Rajya
Sabha and acts as President when the latter is unable to discharge his
functions due to absence, illness or any other cause or till the election of
a new President (to be held within six months when a vacancy is caused by
death, resignation removal or otherwise of President).
Council of Ministers
- Legislature of the Union which is called Parliament , consists of
President and two Houses, known as Council of States (Rajya Sabha) and House
of the People (Lok Sabha).
- Each’ House has to meet within six months of its previous sitting.
The Constitution provides that the Rajya Sabha shall
consist of-I2memberstofr,naminated by the President fromamongst person
shaving special knowledge or practical experience in respect of such matters
as literature, science, art and social service; and not more than 238
representatives of the States and of the Union Territories.
Elections to the Rajya Sabha are indirect; members
representing States are elected by elected members of Legislative assemblies
of the States, in accordance with the system of proportional representation
by means of the single transferable vote, and those representing Union
Territories are chosen in such manner as Parliament may by law prescribe.
The Rajya Sabha is not subject to dissolution; one-third
of its members retire every second year. Rajya Sabha, at present has 244
- Of these 233 members represent the States and the Union Territories and
11 members are nominated by the President and one seat under nomination
category is vacant.
Comparison between Council of Ministers and Cabinet
|Council of Ministers
|1. It is a wider body consisting of 60 to 70 ministers
||It is a smaller body consisting of 15 to 20 ministers.
|2. It includes all the three categories of Ministers, that is,
cabinet Ministers, Ministers-of state, and-deputy Ministers
||2. It includes the cabinet ministers only.
|3. It does not meet, as a body, to transact government business It
has no collective functions
||3. It as a body, frequently and usually in a to deliberate and take
decisions regarding the transaction of government business. Thus, it has
|4. It is vested with all powers but in theory
||4. It exercises, in practice, the powers of the council of ministers
and acts for the latter.
|5. It is a constitutional body, dealt in detail by the Articles 74
and 75 of the Constitution
||5. It was inserted in 352 of the Constitution in 1978 by the 44th
Constitution a Amendment Act
|6. It is collectively responsible to the Lower House of the
||6. It enforces the responsibility of the council of ministers to the
Lower House of Parliament.
- The Lok Sabha is composed of representatives of people chosen by direct
election on the basis of adult suffrage.
- The maximum strength of the House envisaged by the Constitution is now
552 (530 members to represent the States., 20members to represent the Union
Territories and not more than twomembers of the Anglo-Indian community to be
nominated by the President, if, in his opinion, that community is not
adequately represented in the House).
- The Lok Sabha at present consists of 545 members.
- Of these, 530 members are directly elected from the States and 13 from
Union Territories while two are nominated by the President to represent the
- Following the Constitution 84th Amendment Act, 2001 the total number
allocated to various States in the Lok Sabha on the basis of the 1971 census
shall remain unaltered to be taken after the year 2026.
- The term of the Lok Sabha, unless dissolved earlier is five years from
the date appointed for its first meeting.
- However, while a Proclamation of Emergency is in operation, this
periodmay be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case, beyond a period ofsix months
after Proclamation has ceased to operate.
- Fifteen Lok Sabhas have been constituted so far.
Comparison of Position of Rajya Sabha with respect to Lok Sabha
Rajya Sabha has equal status with Lok Sabha in following matters:
- Introduction and passage of’ ordinary bills.
- Introduction and passage of Constitutional amendment
- Introduction and passage of financial bills involving expenditure
fromthe Consolidated Fund of India-
- Election and impeachment of the president.
- Election and removal of the vice-president.
- Making recommendation to the President for the removal of Chief Justice
and Judges of Supreme Court and High Courts, Chief Election Commissioner and
comptroller and auditor general.
- Approval of ordinances issued by the President.’
- Approval of proclamation of all three types of emergencies by the
- Selection ofministers including the Prime Minister. Under the
Constitution, the ministers including the Prime Minister can be members of
- Consideration of the reports of the constitutional bodies like Finance
Commission, Union Public Service Commission, Comptroller and Auditor, etc.
- Enlargement of the judiciary of the Supreme Court and the Union Public
Rajya Sabha has unequal status with Lok Sabha in following matters:
- A Money Bill can be introduced only in the Lok Sabha and not in the
- Rajya Sabha cannot amend or reject aMoney Bill. It should return the
bill to the Lok Sabha within 14 days, either with recommendations or without
- The Lok Sabha can either accept or reject all or any of the
recommendations of the Rajya Sabha. In both the cases, the money bill is
deemed to have been passed by the two Houses.
- A financial bill, not containing solely the matters of Article 110, also
can be introduced only in the Lok Sabha and not in the Rajya Sabha.
- The final power to decide whether a particular bill is a Money Bill or
not is vested in the Speaker of the Lok Sabha.
- The Speaker of Lok Sabha presides over the joint sitting of both the
- The Lok Sabha with greater number wins the battle in a joint sitting
except when the combined strength of the ruling party in both the Houses is
less than that of the opposition parties.
- Rajya Sabha can only discuss the budget but cannot vote on the demands
for grants (which is the exclusive privilege of the Lok Sabha).
- A resolution for the discontinuance of the national emergency can be
passed only by the Lok Sabha and not by the Rajya Sabha.
- The Rajya Sabha cannot remove the council of ministers by passing a
Special Powers of Rajya Sabha
- It can authorise the Parliament to make a law on a subject
enumeraçi1tbeSt8te List (Article 249).
- It can authorise the Parliament to create new—All-India Services common
to both the—Centre and States (Article 312).
Membership of Parliament
- He must be a citizen of India.
- He must make and subscribe before the person authorized by the election
commission an oath or affirmation according to the form prescribed in the
- He must be not less than 30 years of age in the case of the Rajya Sabha
and not less than 25 years of age in the case of the Lok Sabha.
- He must possess other qualifications prescribed by Parliament.
- He must be registered as an elector for a parliamentary constituency in
the concerned state or union territory in the case of the Rajya Sabha.
- He must be registered as an elector for some parliamentary constituency
in India in the Case of the Lok Sabha.
- He must be a member of a scheduled caste or scheduled tribe in any state
or union territory, if he wants to contest a seat reserved for them.
However, a member of scheduled castes or scheduled tribes can also contest a
seat not reserved for them.
- If-he holds any office of profit under the Union or State government.
- If he is of unsound mind and stands so declare by a court.
- If he is an undischarged insolvent.
- If he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any acknowledgement or allegiance
to a foreign state;
- If he is so disqualified under any law made by Parliament.
Parliament laid down the following additional disqualifications in the
Representation of People Act (1951).
- He must not have been found guilty of certain election offences or
corrupt practices in the elections.
- He must not have been convicted for any offence resulting in
imprisonment for two or more years. But, the detention of a person under a
preventive detention law is not a disqualification.
- He must not have failed to lodge an account of his election expenses
within the time.
- He must have any interest- in government contracts, works or services.
- He must not be a director or managing—agent nor hold an office of profit
in a corporation in which the government has at least 25 per cent share.
- He must not have been dismissed fromgovernment services for Corruption
or disloyalty to the State.
- He must not have been convicted for promoting enmity between- different
groups or for the. offence of bribery.
Their appointment, terms of office, functions and
procedure of conducting business are also more or less similar and are
regulated as per rules made by the two Houses under Article 118(1) of the
- Broadly, Parliamentary Committees are of two kinds—Standing Committees
and ad hoc Committees.
- The former are elected or appointed every year or periodically and their
work goes on, more or less, on a continuous basis.
- The latter are appointed on an ad hoc basis as need arises and they
cease to exist as soon as they complete the task assigned to them.
- Among the Standing Committees the three Financial Committees— Committees
on Estimates, Public Accounts Committee and Public Undertakings constitute a
distinct group as they keep an unremitting vigil over Government expenditure
- While members of the Rajya Sabha are associated with Committees on
Public Accounts and Public Undertakings, the members of the Committee on
Estimates are drawn entirely from the Lok Sabha.
Estimates Committee: The Estimates Committee reports on
‘what economies, improvements in Organisation, efficiency or administrative
reform consistent with policy underlying the estimates’ may be effected.
The origin of this committee can be traced to the
Standing Financial Committee setup in 1921. First Estimates Committee in the
post-independence era was constituted in 1950 on the recommendation of John
Mathai, the then Finance Minister.
- It also examines whether the money iswell laid out within limits of the
policy implied in the estimates and suggests the form in which estimates
shall be presented to Parliament.
- Public Accounts Committee: The Public Accounts Committee scrutinises
appropriation and finance accounts of Government and reports of the
Comptroller and Auditor-General.
- It ensures that public money is spent in accordance with Parliament’s
decision and calls attention to cases of waste, extravagance, loss or
The committee was first setup in 1921, at present it
consists of 22 members (l5fromLokSabha and 7 from Rajya Sabha). The Members
are elected by the parliament every year by proportional representation by
means of single transferable vote. The term of the office of members is one
- A minister cannot be elected as amember of committee. The chairman of
the committee is appointed by the Speaker.
Committee on Public Undertakings: The Committee on Public
Undertakings examines reports of the Comptroller and Auditor-General, if
any. It also examines whether public undertakings are being run efficiently
and managed in accordance with sound business principles and-prudent
- The Committee was created in 1964 on the recommendation of the Krishna
Menon Committee. Originally it had 15members (l0 from the Lok Sabha and 5
from the Rajya Sabha).
- Besides these three Financial Committees the Rules Committee of the Lok
Sabha recommended setting-up of 17 Department Related Standing Committees (DRSCs).
- Accordingly, 17 department Related Standing Committees were set upon 8
- In July 2004, rules were amended to provide for the constitution of
seven more such committees, thus raising the number of DRSCs from 17 to 24.
Standing Committees of Parliament and their functions.
(a) Committee on Petitions examines petitions on bills and on matters of
general public interest and also entertains representations on matters
concerning subjects in the Union List; and
(b) Committee of Privileges examines any question of privilege referred to it by
the House or Speaker! Chairman;
- Committees to Scrutinise:
(a) Committee on Government Assurances keeps track of all the assurances,
promises, undertakings, etc.
(b) Committee on Subordinate Legislation scrutinises and reports to the House
whether the power to make regulations, rules, sub-rules, bye-laws, etc.
(c) Committee on Papers Laid on the Table examines all papers laid on the table
of the House by Ministers, other than statutory notifications and orders which
come within the purview of the Committee on Subordinate Legislation, to see
whether there has been compliance with the provisions ôf1te Constitution, Act,
rule or regulation under which the paper has been laid;
- Committees relating to the day-to-day business of the House:
(a) Business Advisory Committee recommends allocation of time for items of
Government and other business to be brought before the Houses;
(b) Committee on Private Members Bills and Resolutions of the Lok Sabha.
(c) Rules Committee considers matters of procedure and conduct of business in
the House and recommends amendments or additions to the Rules;
(d) Committee on Absence of Members
- Committee on the Welfare of Scheduled Castes and Scheduled Tribes
- Committees concerned with the provision facilities to members
(a) General Purposes Committee considers and advises Speaker! Chairman on
matters concerning affairs of the House, which do not appropriately fall within
the purview of any other Parliamentary Committee.
(b) House Committee deals with residential accommodation and other amenities for
- Joint Committee on Salaries and Allowances of Members of Parliament
- Joint Committee on Offices of Profit
- The Library Committee
- Committee on Empowerment ofWomen with members from both the Houses was
constituted with a view to securing, among other things, status, dignity and
equality for women in all fields;
- Ethics Committee: On 4 March 1997, the Ethics Committee-of the Rajya
Sabha was constituted. The Ethic Committee of the Lok Sbha was constituted
on 16 May 2000.
Leaders of Opposition in Parliament
Youth Parliament Competition
- In order to develop democratic ethos in the younger generation the
Ministry of Parliamentary Affairs conducts youth parliament Competition in
various categories of schools and colleges! universities
- The youth par1iament Scheme was first introduced in the School in Delhi
- Kendriya Vidyalayas located in and around Delhi were incorporated into
the ongoing Scheme for Delhi Schools in 1978.
- Subsequently, as separate scheme of youth parliament for Kendriya
Vidyalayas at the National Level was launched in 1988.
Matters Under Rule 377 And Special Mentions
- The Ministry of Parliamentary Affairs takes follow-up action on matters
raised under Rule 377 of the Rules of Procedure and-Conduct of Business in
Lok-Sabha and by way of Special Mentions in Rajya Sabha.
- Also after ‘Question Hour’ in both the Houses of Parliament,Members
raise matters of urgent public importance.
- The Government of India (Allocation of Business) Rules, 1961 are made by
the President of India under Article 77 of the Constitution for the
allocation of business of the Government of India.
- The Ministries/Departments of the Government are created by the
President on the advice of the Prime Minister under these Rules.
- The Cabinet Secretariat is under the direct charge of the Prime
- The administrative head of the Secretariat is the Cabinet Secretary who
is also the ex-officio Chairman of the Civil Services Board.
- In the Government of India (Allocation of Business Rules) 1961 ‘Cabinet
Secretariat’ finds a place
National Authority, Chemical Weapons Convention
National Authority, Chemical Weapons Convention (CWC) was
set u b a resolution of Cabinet Secretariat dated 5, May 1997 to fulfill the
obligations enunciated in the Chemical Weapons Convention initially signed
by 130 countries in a in a conference which concluded on 14 January 1993 for
the purpose prohibiting of the development, production, execution, transfer,
use and stockpiling of all chemical weapons by Member-States is a
All India Services
- Prior to Independence, the Indian Civil Service (UCS) was the senior
most amongst the Services of the Crown in India. Besides the ICS, there was
also the Indian Police Service.
- A provision was made in Article 312 of the Constitution for creation of
one ormore All India Services common to the Union and State.
- After the promulgation of the Constitution, a new All India Service,
namely, the Indian Forest Service, was created in 1966.
A common unique feature of the All India Services is that
the members of these services are recruited by the Centre but their services
are placed under various State cadres and they have the liability to serve
both under the State and under the Centre.
Of the three All India Services, namely, the Indian
Administrative Service (IAS), the Indian Police Service (IPS) and the Indian
Forest Service (IFS), the Ministry of Personnel, Public Grievances and
Pension is he cadre controlling authority for the IAS and Minister of
authority for the IPS andMinistry of Environment & Forest for IFS.
- The recruitment to all the three services is made by the UPSC.
Administrative Reforms And Public Grievances
Department of Administrative Reforms and Public
Grievances (DARPG) is the nodal agency of the Government for administrative
reforms as well as redressal of public grievances relating to the States in
general and grievances pertaining to Central Government agencies in
The Department disseminates information on important
activities of the Government relating to administrative reforms, best
practices and public grievance redressal through publications and
documentation. The Department also undertakes activities in the field of
international exchange and cooperation to promote public service reforms.
Constitutional Provisions regarding the recruitment and service conditions
of All India and Central Services.
- The Constitution of India makes the following provisions with regards to
recruitment and service conditions of All-India and Central Services:
- Article 309 empowers the Parliament to regulate the recruitment and
service conditions of persons appointed to Central Services and posts.
- Article 310 provides that the members of All India Services and Central
Services, and posts hold office during the pleasure of the President.
Article 311 provides that no member of-All India Services
and Central Services and posts shall be dismissed or removed by an authority
subordinate to that by which he was appointed. It further lays down that no
such member shall be dismissed or removed or reduced to rank except after an
inquiry in which he has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.
Article 312 authorises the Parliament to create new
All-India Services (including an All-India Judicial Service) and regulate
the recruitment and service conditions of persons appointed to these
services. However they can be created by the Parliament only after the Rajya
Sabha passes a resolution supported by two-thirds majority saying that
interest to do so.
ARTICLES RELATED TO UPSC
||Public Service Commissions for the Union and for the States.
||Appointment and termof office of members.
||Removal and suspension of a member of a Public Service Commission
||Power to make regulations as to conditions of service of members and
staff of the Commission.
||Prohibition as to the holding of office by members of commission on
ceasing to be such members.
||Functions of Public Service Commission
||Power to extend functions of Public Service Commissions
||Expenses of Public Service Commissions
||Reports of Public Service Commissions