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CONSTITUTIONAL LAW-II related short answer

Paper III:

CONSTITUTIONAL LAW-II

Unit-I

1. Composition of the Union Legislature (Parliament)
The Parliament of India consists of three components: the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People). The Rajya Sabha is the Upper House, a permanent body with a maximum strength of 250 members, of which 12 are nominated by the President for their expertise in fields like literature, science, arts, and social service. The Lok Sabha, the Lower House, can have a maximum of 552 members, directly elected by the people. The President plays a key role in the legislative process by summoning sessions, giving assent to bills, and issuing ordinances. Parliament is empowered to legislate on subjects in the Union and Concurrent Lists.

2. Powers and Functions of Parliament
The Indian Parliament exercises legislative, financial, executive control, and constituent functions. It enacts laws on matters listed in the Union List and the Concurrent List. Financial powers include passing the Union Budget and Money Bills, which can originate only in the Lok Sabha. It exercises control over the executive through questions, motions, and debates. Parliament also has power to amend the Constitution under Article 368 and participate in the election and impeachment of the President. It can also legislate on State subjects during an emergency or with Rajya Sabha’s approval.

3. Composition of State Legislature
State Legislatures in India can be unicameral or bicameral. Unicameral states have only a Legislative Assembly (Vidhan Sabha), while bicameral states have both a Legislative Assembly and a Legislative Council (Vidhan Parishad). The Legislative Assembly consists of directly elected representatives. The Legislative Council, where it exists, consists of members elected by MLAs, graduates, teachers, and local bodies, with some nominated by the Governor. The Legislative Assembly is more powerful than the Council and has a five-year term, unless dissolved earlier.

4. Powers and Functions of State Legislature
The State Legislature makes laws on subjects under the State List and Concurrent List. It passes the state budget and Money Bills. It exercises control over the executive through debates, questions, and motions of no-confidence. The Assembly can introduce and pass bills, which must receive the Governor’s assent to become law. The Legislative Council, where present, acts as a revising chamber but cannot block Money Bills. The legislature also participates in electing the Rajya Sabha members and the President of India.

5. Legislative Privileges under the Constitution
Articles 105 and 194 of the Indian Constitution provide privileges to the Union and State Legislatures respectively. These include freedom of speech in the House, immunity from legal proceedings for speeches made, and protection from arrest during sessions. Committees also enjoy privileges. The aim is to ensure free and fair legislative functioning without external influence. However, these privileges are not absolute and are subject to judicial review in cases of breach of privilege or contempt.

6. Anti-Defection Law and its Significance
The Anti-Defection Law was added by the 52nd Amendment Act, 1985, through the Tenth Schedule of the Constitution. It aims to curb political defections by disqualifying elected members if they voluntarily give up membership of their party or vote against party lines. Exceptions exist for mergers involving two-thirds of members. The Speaker/Chairman of the House decides disqualification. The law promotes political stability and loyalty but has been criticized for curbing dissent and stifling legislative debate. The 91st Amendment (2003) further tightened its provisions.

7. The Role and Position of the President of India
The President is the ceremonial head of state and the constitutional head of the Union. Elected indirectly by an electoral college, the President acts on the advice of the Council of Ministers headed by the Prime Minister. Key powers include summoning Parliament, giving assent to bills, promulgating ordinances, and appointing key officials including governors, judges, and ambassadors. In times of emergency, the President assumes vast powers. Although the position is largely symbolic, the President ensures constitutional governance.

8. Powers and Functions of the President
The President exercises executive, legislative, judicial, emergency, and diplomatic powers. Executive powers include appointing the Prime Minister, ministers, governors, and judges. Legislative powers involve addressing Parliament, giving assent to bills, and summoning sessions. The President can declare National, State, or Financial Emergency under Articles 352, 356, and 360. Judicial powers include pardoning powers under Article 72. The President also represents India in international affairs and ratifies treaties. However, these powers are largely exercised on the advice of the Union Council of Ministers.

9. Union Council of Ministers: Composition and Role
The Union Council of Ministers consists of the Prime Minister, Cabinet Ministers, Ministers of State, and Deputy Ministers. The Prime Minister heads the Council and advises the President. The Cabinet is the core decision-making body. Ministers are assigned specific portfolios and are collectively responsible to the Lok Sabha. The Council plays a crucial role in policy formulation, administration, law-making, and budget preparation. It ensures the smooth functioning of the executive under a parliamentary system of government.

10. State Executive: Governor and Council of Ministers
The State Executive comprises the Governor, the Chief Minister, and the Council of Ministers. The Governor is the nominal head of the state, appointed by the President for five years. The Chief Minister is the real executive head, leading the Council of Ministers. The Council aids and advises the Governor in exercising functions. The Governor appoints the Chief Minister and other ministers, summons and dissolves the Assembly, and gives assent to bills. In exceptional cases, the Governor may act in discretion.

11. Powers and Position of the Governor
The Governor is the constitutional head of the state, performing executive, legislative, and discretionary functions. Executive powers include appointing the Chief Minister, Council of Ministers, and State Public Service Commission members. Legislative powers include summoning the legislature, addressing sessions, and giving assent to bills. The Governor can reserve bills for the President and promulgate ordinances when the Assembly is not in session. In special situations like a hung assembly or breakdown of constitutional machinery, the Governor exercises discretionary power.

12. Relationship Between the Governor and State Legislature
The Governor maintains a constitutional relationship with the State Legislature. They summon, prorogue, and dissolve the Assembly on the advice of the Council of Ministers. The Governor addresses the legislature at the beginning of the first session each year and after general elections. The Governor gives assent to bills passed by the legislature and can reserve certain bills for the President’s consideration. This position ensures a constitutional link between the legislature and executive, although actual power lies with elected representatives.

13. Difference between the President and the Governor
The President is the constitutional head of the Union, while the Governor is the head of a state. Both hold similar powers in their respective domains—executive, legislative, and discretionary. The President is elected by an electoral college of MPs and MLAs, while the Governor is appointed by the President. The President acts on the advice of the Union Council of Ministers; similarly, the Governor acts on the advice of the State Council of Ministers, except in discretionary matters like President’s Rule.

14. Collective Responsibility of the Council of Ministers
The principle of collective responsibility is fundamental to parliamentary democracy. Under Article 75(3), the Union Council of Ministers is collectively responsible to the Lok Sabha. Similarly, Article 164(2) provides for the State Council’s responsibility to the Legislative Assembly. If the Lok Sabha or State Assembly passes a no-confidence motion, the entire Council must resign. This ensures accountability of the executive to the legislature and fosters unity in decision-making within the Cabinet system.

15. Role of Legislature in Executive Accountability
The legislature plays a key role in ensuring executive accountability. This is achieved through question hour, zero hour, motions, debates, and committees. Parliament or State Legislatures can scrutinize policies, question ministers, and pass motions like no-confidence, adjournment, or censure. Budget discussions and audit reports also help in holding the executive accountable. This system of checks and balances upholds democratic governance and transparency.

16. Role of Speaker of Lok Sabha
The Speaker is the presiding officer of the Lok Sabha, elected by its members. The Speaker maintains order and decorum in the House, regulates debates, and decides on points of order. The Speaker has the authority to classify a bill as a Money Bill and plays a decisive role under the Anti-Defection Law by deciding on disqualification petitions. The Speaker also chairs the Business Advisory Committee and other parliamentary committees. As a neutral authority, the Speaker is crucial for ensuring smooth legislative functioning.

17. Role of Chairman of Rajya Sabha
The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha. The Chairman presides over sessions, ensures discipline and decorum, and facilitates discussions. Unlike the Speaker, the Chairman does not have a casting vote. The Chairman plays a role in referring bills to committees and deciding on procedural matters. However, disqualification cases under the Anti-Defection Law in Rajya Sabha are decided by the Chairman. The Deputy Chairman assumes duties in the absence of the Chairman.

18. Role of Committees in Parliament
Parliamentary Committees assist in detailed scrutiny of bills, budgets, and government policies. These include Standing Committees (e.g., Public Accounts Committee, Estimates Committee) and Ad hoc Committees (e.g., Joint Parliamentary Committees). They allow for expert discussion, bipartisan inputs, and accountability of the executive. Committee reports influence legislative outcomes and budgetary decisions. Committees also examine audit reports and public grievances, enhancing efficiency and transparency in parliamentary work.

19. Types of Bills in Parliament
Bills in Parliament are classified as Government Bills (introduced by ministers) and Private Member’s Bills (introduced by MPs not in the government). Sub-categories include Ordinary Bills (any subject other than money), Money Bills (Article 110), and Financial Bills. Constitutional Amendment Bills (Article 368) amend the Constitution. Money Bills require only Lok Sabha’s approval, while others need passage by both Houses. The President’s assent is necessary for all bills to become law.

20. Money Bill vs. Financial Bill
A Money Bill deals exclusively with taxation, government borrowing, or expenditure (Article 110) and can only be introduced in Lok Sabha with the President’s recommendation. Rajya Sabha can only make recommendations, which Lok Sabha may accept or reject. A Financial Bill also relates to finances but includes additional provisions. It requires approval from both Houses. The Speaker certifies a bill as a Money Bill, and that certification is final.

21. Process of Passing a Bill in Parliament
A bill passes through multiple stages: (1) First Reading (introduction), (2) Second Reading (general discussion and committee referral), (3) Committee stage (detailed scrutiny), (4) Consideration and voting, and (5) Third Reading (final approval). It then goes to the other House for the same process. If both Houses pass the bill, it is sent to the President for assent. If there is disagreement, a Joint Sitting may be called (except for Money Bills).

22. Budget Process in Parliament
The Union Budget is presented annually in Parliament, outlining estimated revenues and expenditures. It includes the Annual Financial Statement, Demands for Grants, Finance Bill, and Appropriation Bill. The process includes the General Discussion, Departmental Demands for Grants, Voting, and the passage of the Finance and Appropriation Bills. The budget ensures executive accountability and resource planning. Lok Sabha has greater control over financial matters, particularly Money Bills.

23. Zero Hour and Question Hour
Question Hour (first hour of a sitting) allows MPs to ask questions and hold the government accountable. Questions can be starred (oral answers), unstarred (written), or short notice. Zero Hour is an informal innovation (not in rules) held immediately after Question Hour, where members raise urgent matters without prior notice. Both are vital tools for legislative oversight and transparency.

24. Ordinance-Making Power of the President
Under Article 123, the President can promulgate ordinances when Parliament is not in session and immediate action is needed. Ordinances have the same force as laws but must be approved by Parliament within six weeks of reassembly. This power allows the executive to address urgent legislative needs but is subject to judicial review and cannot override fundamental rights.

25. Ordinance-Making Power of the Governor
Article 213 empowers the Governor to issue ordinances when the state legislature is not in session. Like presidential ordinances, these have the force of law but must be approved by the legislature within six weeks of reassembly. The Governor acts on the advice of the State Council of Ministers. Ordinances cannot be issued on matters requiring prior Presidential sanction or during President’s Rule.

26. President’s Power of Pardon
Under Article 72, the President can grant pardon, reprieve, respite, or remission of punishment, especially in death sentence cases or offences under Union law. This power ensures justice in exceptional cases and reflects humanitarian concerns. It is exercised on the advice of the Council of Ministers. The Supreme Court has held that this power is subject to judicial review in case of mala fide or arbitrary decisions.

27. Governor’s Power of Pardon
Article 161 empowers the Governor to grant pardons for offences under state laws. This includes reprieve, commutation, and remission. However, the Governor cannot pardon death sentences (only the President can), but can commute them. This power is exercised on the advice of the State Council of Ministers. It serves as a corrective tool in the criminal justice system.

28. Impeachment of the President
The President can be impeached for violation of the Constitution under Article 61. The process requires a two-thirds majority in both Houses of Parliament after a detailed inquiry and notice. It is a quasi-judicial process, ensuring that the President can be removed only in rare and serious cases. This process upholds the accountability of the highest constitutional office.

29. Disqualification of MPs and MLAs
Disqualification can occur on grounds such as holding an office of profit, being of unsound mind, insolvency, or defection under the Tenth Schedule. The President or Governor decides disqualification after consultation with the Election Commission. The Representation of the People Act, 1951 also provides for disqualification due to conviction in criminal cases. This ensures ethical and responsible legislative functioning.

30. Role of Prime Minister in Parliamentary Democracy
The Prime Minister is the head of the government and leader of the majority party in Lok Sabha. He advises the President on appointments, policy matters, and governance. The PM chairs Cabinet meetings and coordinates between ministries. As the principal spokesperson of the government in Parliament, the PM ensures accountability and policy direction. The PM embodies collective responsibility and is central to executive functioning.

31. Role of Chief Minister in State Government
The Chief Minister is the head of the State Council of Ministers and leader of the majority party in the Legislative Assembly. He advises the Governor on appointments and state administration. The CM chairs the cabinet, allocates portfolios, and formulates state policies. The CM also plays a vital role in Centre-State relations and acts as a bridge between the people and the government.

32. President’s Rule under Article 356
If the President is satisfied that the constitutional machinery in a state has failed, he can impose President’s Rule under Article 356. The Governor recommends this, and during such rule, the state legislature is either suspended or dissolved, and executive power rests with the President. The proclamation must be approved by Parliament within two months and can last for up to three years with periodic approval. It is meant for exceptional circumstances.

33. Collective and Individual Responsibility in Executive
The Council of Ministers is collectively responsible to the Lok Sabha under Article 75(3). This means that if the House expresses no confidence in the ministry, the entire council must resign. Individual responsibility means each minister is responsible for their departmental actions and decisions. This dual responsibility ensures democratic accountability and efficient governance.

34. Joint Sitting of Parliament
Under Article 108, a joint sitting of both Houses can be called by the President to resolve deadlock over an Ordinary Bill (not Money or Constitutional Bills). It is presided over by the Speaker of Lok Sabha. This mechanism ensures legislative functionality despite inter-house disagreement. Examples include the Dowry Prohibition Act and Prevention of Terrorism Act (POTA).

35. Powers of the Union vs. Powers of the States
The Constitution provides for a division of powers through three lists—Union List, State List, and Concurrent List. The Union Parliament legislates on subjects of national importance (defence, foreign affairs), while State Legislatures legislate on local matters (police, public health). In Concurrent List matters, both can legislate, but Union law prevails in case of conflict. During emergencies, the Centre’s powers expand over State matters.

Unit-II

1. Composition of the Supreme Court of India

The Supreme Court of India comprises the Chief Justice of India (CJI) and a maximum of 33 other judges (Article 124). The Parliament may increase the number of judges if necessary. The Court sits in New Delhi and is the highest constitutional court in India. It functions as a guardian of the Constitution, protector of fundamental rights, and final appellate authority. Benches of varying sizes are constituted to hear different matters.

2. Appointment of Supreme Court Judges

Judges of the Supreme Court are appointed by the President of India under Article 124(2), in consultation with judges of the Supreme Court and High Courts. The current practice follows the Collegium System, where a group of senior judges recommends names. The appointee must be an Indian citizen, with at least five years as a High Court judge, ten years as an advocate, or an eminent jurist. The system aims to ensure judicial independence.

3. Powers and Jurisdiction of the Supreme Court

The Supreme Court has original jurisdiction in disputes between states or between the Union and states (Article 131), appellate jurisdiction in civil, criminal, and constitutional matters (Article 132–134), and advisory jurisdiction under Article 143. It also has the power of judicial review to check legislative and executive actions. The Court enforces fundamental rights under Article 32 and hears public interest litigations (PILs).

4. Role of the Supreme Court as Guardian of the Constitution

The Supreme Court safeguards the Constitution by interpreting its provisions and ensuring that no law or executive action violates constitutional mandates. It enforces fundamental rights, declares unconstitutional laws void through judicial review, and ensures the separation of powers. Its judgments set binding precedents under Article 141. In cases of constitutional amendments, the Court applies the Basic Structure Doctrine to prevent violations of core constitutional values.

5. Judicial Review in India

Judicial review is the power of the courts to examine the validity of legislative and executive actions. If any law or action is found unconstitutional, the judiciary can strike it down. This power is implicit under Articles 13, 32, and 226. Judicial review ensures constitutional supremacy, protects fundamental rights, and maintains checks and balances between the three organs of government. It is a basic feature of the Constitution.

6. Public Interest Litigation (PIL)

PIL is a legal innovation where any individual or group can approach the court for enforcement of rights on behalf of others, especially marginalized sections. It liberalized the rule of locus standi. PILs can be filed in the Supreme Court under Article 32 and in High Courts under Article 226. It has been instrumental in social justice, environmental protection, and government accountability, although courts have cautioned against its misuse.

7. Composition of High Courts

Each state has a High Court, and some High Courts serve more than one state or union territory. High Courts consist of a Chief Justice and other judges as appointed by the President. The number of judges is determined by the President based on workload. High Courts are constitutional courts with the power to hear civil, criminal, and constitutional cases within their jurisdiction.

8. Appointment and Transfer of High Court Judges

High Court judges are appointed by the President under Article 217 in consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the concerned High Court. Transfers of judges from one High Court to another are made by the President after consultation with the CJI under Article 222. These provisions aim to ensure independence and prevent local bias.

9. Powers and Jurisdiction of High Courts

High Courts have original jurisdiction in matters like writ petitions, election petitions, and enforcement of fundamental rights under Article 226. Their appellate jurisdiction includes appeals in civil and criminal cases from subordinate courts. They have supervisory jurisdiction under Article 227 over subordinate judiciary. High Courts also have the power to review administrative actions and uphold rule of law.

10. Subordinate Judiciary in India

The subordinate judiciary comprises district courts, sessions courts, and magistrate courts operating under High Courts. Judges are appointed through state public service commissions or judicial services exams. They handle civil and criminal matters at the district and lower levels. The structure includes District Judges, Chief Judicial Magistrates, and Munsiffs. High Courts have administrative and supervisory control over subordinate courts under Article 235.

11. Role of the Supreme Court in Protecting Fundamental Rights

Under Article 32, the Supreme Court can issue writs for the enforcement of fundamental rights. This is considered the “heart and soul” of the Constitution (Dr. Ambedkar). Writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto help secure civil liberties. This jurisdiction cannot be suspended except during emergencies under Article 359 (except for Article 21 and 22 post-44th Amendment).

12. Independence of the Judiciary

Judicial independence is vital to ensure impartiality and uphold constitutional values. The Constitution provides for security of tenure (Articles 124 & 217), fixed service conditions, powers of contempt, and financial independence. Judges cannot be removed except by impeachment through Parliament. The separation of judiciary from the executive (Article 50) also strengthens independence. The Collegium System of judicial appointments further protects against political interference.

13. Judicial Accountability

Judicial accountability ensures that judges act in accordance with the law and constitutional morality. It includes transparency in appointments, reasoning in judgments, and adherence to the Code of Ethics. Mechanisms include impeachment, in-house procedures, and the Judges (Inquiry) Act, 1968. There are calls for a more robust Judicial Standards and Accountability Bill, but such reforms must balance accountability with independence.

14. Process of Removal of Judges

Supreme Court and High Court judges can be removed under Article 124(4) and 217(1)(b), respectively. The process involves a motion in Parliament signed by 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha). After investigation and recommendation by a committee, the motion must be passed by both Houses with a two-thirds majority. This process, called impeachment, has rarely been used, reflecting its stringent safeguards.

15. Supreme Court as the Final Court of Appeal

The Supreme Court is the highest appellate authority in civil, criminal, and constitutional matters. Under Articles 132 to 136, appeals can be made from High Court decisions. Special Leave Petition (SLP) under Article 136 allows the Court to hear appeals in any case where substantial justice is involved, even if normal appeal routes are exhausted. The Court’s decisions are binding on all lower courts.

16. Supreme Court’s Advisory Jurisdiction (Article 143)

Under Article 143, the President of India can seek the Supreme Court’s opinion on important legal or constitutional matters. This is called the advisory jurisdiction of the Court. The advice is not binding on the President, but it carries great persuasive value. It helps resolve legal ambiguities and guides the executive on complex issues. There are two types of references: one on questions of law or fact of public importance, and the other related to disputes under pre-Constitution treaties. Famous examples include the Berubari case (1960) and the Ayodhya reference (1993).

17. Writ Jurisdiction of the Supreme Court (Article 32)

Article 32 of the Constitution empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. It is a guaranteed remedy, and Dr. Ambedkar called it the “heart and soul” of the Constitution. The Court can issue five types of writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. This jurisdiction is directly accessible by citizens and ensures constitutional protection against state action. Writs under Article 32 can be issued only for violations of Fundamental Rights.

18. Writ Jurisdiction of High Courts (Article 226)

High Courts can issue writs not only for enforcement of Fundamental Rights but also for legal rights under Article 226. This makes their jurisdiction wider than that of the Supreme Court in writ matters. Individuals can approach the High Court directly against administrative or quasi-judicial authorities. This provision plays a critical role in promoting rule of law, good governance, and speedy justice at the state level.

19. Transfer of Cases under Article 139A

Article 139A empowers the Supreme Court to transfer cases from one High Court to another or to itself when cases involve the same or similar substantial questions of law. This ensures uniformity in decisions across the country and avoids contradictory judgments. It also reduces multiplicity of litigation. The transfer can be made on the motion of the Supreme Court or on the request of the Attorney General or any party to the case.

20. Role of Chief Justice of India (CJI)

The Chief Justice of India is the head of the Supreme Court and the administrative head of the judiciary. The CJI allocates cases, forms benches, and heads the Collegium system that recommends judicial appointments. The CJI plays a crucial role in preserving judicial independence and upholding constitutional values. The CJI also administers the oath of office to the President and Vice President and is a key figure in times of constitutional crisis.

21. Collegium System for Judicial Appointments

The Collegium System is a judicially evolved mechanism for appointing judges to the Supreme Court and High Courts. It comprises the Chief Justice of India and four senior-most judges of the Supreme Court. This system was established through the Second Judges Case (1993) and Third Judges Case (1998). While it ensures judicial independence from executive interference, it has been criticized for lack of transparency and accountability. A National Judicial Appointments Commission (NJAC) was proposed but struck down in 2015.

22. Judicial Precedent and Binding Nature (Article 141)

Article 141 provides that the law declared by the Supreme Court is binding on all courts in India. This promotes consistency, certainty, and uniformity in the law. Supreme Court decisions serve as judicial precedents under the doctrine of stare decisis. However, the Supreme Court is not bound by its own previous decisions and can overrule them in the interest of justice. High Courts follow Supreme Court rulings, and subordinate courts follow both.

23. Judicial Activism and Social Justice

Judicial activism refers to proactive judicial rulings that address social injustices, environmental degradation, and executive inaction. It gained prominence through PILs in the 1980s. Landmark cases like Vishaka v. State of Rajasthan (sexual harassment guidelines) and MC Mehta v. Union of India (environmental protection) exemplify this. While activism strengthens democracy and rights, critics argue that it may lead to judicial overreach, where the judiciary encroaches upon executive or legislative domains.

24. Separation of Powers and Judiciary (Article 50)

Article 50, a Directive Principle of State Policy, directs the state to separate the judiciary from the executive in public services. This promotes independence, impartiality, and fairness in the judicial process. Though not enforceable, it has been realized through various constitutional and administrative reforms. Judicial independence is considered a basic feature of the Constitution and is crucial for maintaining the rule of law.

25. Role of High Court in Supervisory Jurisdiction (Article 227)

Under Article 227, High Courts have supervisory jurisdiction over all courts and tribunals within their territory, except military courts. This includes the power to call for records, examine proceedings, and issue directions to ensure justice. It acts as a safeguard against judicial errors and administrative arbitrariness in the lower judiciary. This jurisdiction ensures that lower courts remain within the bounds of their authority.

26. Role of District Judges

District Judges are the highest judicial officers at the district level and head the District Courts. They handle serious civil and criminal matters and supervise subordinate courts. They are appointed by the Governor in consultation with the High Court under Article 233. A District Judge plays both judicial and administrative roles, and their work ensures justice delivery at the grassroots. Their judgments are appealable to High Courts.

27. Judicial Independence vs. Judicial Accountability

Judicial independence allows judges to make impartial decisions free from external pressures. Judicial accountability ensures that judges uphold ethics, integrity, and constitutional duties. The two must be balanced. Mechanisms like impeachment, in-house disciplinary procedures, and code of conduct serve as accountability tools. However, excessive control by the executive or legislature may threaten judicial freedom, whereas complete lack of oversight could lead to arbitrariness.

28. Role of National Judicial Data Grid (NJDG)

The NJDG is a digital platform that tracks pendency, disposal, and case details across Indian courts. Launched by the e-Courts Mission Mode Project, it brings transparency, data-driven analysis, and helps reduce judicial backlog. It is accessible to the public and helps judges, litigants, and policymakers understand case trends and manage court workloads efficiently.

29. Importance of Transparent Judicial Appointments

Transparent judicial appointments are essential for public trust and judicial credibility. While the Collegium system ensures judicial independence, critics argue that it lacks transparency and accountability. Several bodies have recommended reforms, such as a more participatory process, published criteria, and open scrutiny. The NJAC, which proposed such a reform, was struck down, but the need for balancing independence with openness remains relevant.

30. Removal of High Court Judges

High Court judges can be removed on grounds of proven misbehavior or incapacity under Article 217 read with Article 124(4). The process is the same as for Supreme Court judges — impeachment by Parliament after a rigorous inquiry. This ensures that judges cannot be removed arbitrarily, safeguarding judicial independence while allowing for accountability in serious misconduct cases.

31. Use of Technology in Judiciary

Technology has transformed the Indian judiciary through virtual hearings, e-filing, online case status, and video conferencing. During the COVID-19 pandemic, virtual courts ensured continued access to justice. Projects like e-Courts, AI-powered transcription, and digital cause lists have improved transparency and efficiency. Challenges remain in terms of digital infrastructure, rural access, and training, but technology is integral to judicial reform.

32. Lok Adalats and Access to Justice

Lok Adalats, established under the Legal Services Authorities Act, 1987, provide alternative dispute resolution mechanisms that are free, quick, and informal. They are ideal for settlement of civil and compoundable criminal cases. Awards given are binding and enforceable. Lok Adalats play a vital role in reducing the burden on regular courts and promoting access to justice, especially for economically weaker sections.

33. Fast Track Courts and Judicial Efficiency

Fast Track Courts (FTCs) were set up to expedite long-pending cases, especially sexual offences, crimes against women, and corruption cases. They aim to deliver speedy justice and reduce pendency. While effective in principle, many FTCs face issues like lack of infrastructure, inadequate judges, and procedural delays. Their continued success depends on sustained support and resources.

34. Importance of Legal Aid under Article 39A

Article 39A of the Constitution (DPSP) mandates free legal aid to ensure justice is not denied due to economic or other disabilities. The Legal Services Authorities Act, 1987 operationalizes this right through National, State, and District Legal Services Authorities (NALSA, SALSA, DLSA). Free legal aid is provided to women, SC/STs, children, poor, and other vulnerable groups. It ensures equality before the law and access to justice.

35. Doctrine of Basic Structure and Judicial Power

The Basic Structure Doctrine, laid down in Kesavananda Bharati v. State of Kerala (1973), limits Parliament’s power to amend the Constitution. The judiciary ensures that core features like secularism, federalism, judicial independence, and rule of law are protected from arbitrary amendments. This doctrine empowers the judiciary to uphold constitutional supremacy and prevent authoritarian rule. It remains a cornerstone of Indian constitutionalism.

Unit-III

1. Centre-State Legislative Relations (Article 245–255)

Legislative powers are divided between the Centre and the States through the Union List (97 items), State List (66 items), and Concurrent List (47 items) under the Seventh Schedule. The Parliament can legislate on Union and Concurrent List; States on State and Concurrent Lists. In case of conflict in the Concurrent List, Central law prevails (Article 254). Parliament can also legislate on State List under specific circumstances (e.g., during Emergency or with Rajya Sabha’s approval under Article 249).

2. Centre-State Administrative Relations (Articles 256–263)

Administrative relations involve the distribution of executive powers. Article 256 requires states to comply with Union laws. Article 257 gives the Centre power to direct states in matters of national interest. The Union can send forces to ensure compliance. Inter-State Councils and All India Services are key mechanisms. Though states enjoy autonomy, the Constitution allows strong central oversight to ensure unity and integrity.

3. Centre-State Financial Relations (Articles 268–293)

Financial powers are divided based on taxation and spending. The Centre collects major taxes (income tax, customs, excise), while states collect taxes on land, agriculture, and local trade. Articles 270 and 280 provide for tax-sharing through the Finance Commission. Article 275 allows grants-in-aid. States often face resource deficits, making them dependent on Central assistance. This creates fiscal imbalance and central dominance.

4. Role of the Finance Commission (Article 280)

The Finance Commission, constituted every five years under Article 280, recommends the distribution of taxes between the Centre and States. It suggests vertical devolution (between Centre and States) and horizontal devolution (among states), and advises on grants-in-aid. It promotes fiscal federalism by balancing national interests with state needs. The 15th Finance Commission (2020–25) recommended 41% tax devolution to states.

5. Role of Inter-State Council (Article 263)

Established under Article 263, the Inter-State Council promotes coordination between Centre and States. It discusses subjects of common interest, resolves disputes, and enhances cooperative federalism. It is a recommendatory body headed by the Prime Minister. Though useful, it has met infrequently and lacks binding powers. Strengthening it can improve Centre-State dialogue and harmony.

6. Emergency and Centre-State Relations

During emergencies (Articles 352, 356, and 360), the balance tilts heavily toward the Centre. The Union Parliament can legislate on State List, and the President can assume state executive functions. Financial powers are centralized under Article 360. This unitary bias during emergencies ensures national integrity but may dilute federalism. Judiciary has cautioned against its misuse (e.g., SR Bommai case).

7. Need for Centre-State Cooperation in a Federal System

In India’s quasi-federal structure, cooperation between the Centre and States is essential for policy implementation, national development, and conflict resolution. Sectors like health, education, and disaster management require joint action. Bodies like NITI Aayog, Inter-State Council, Zonal Councils, and GST Council promote cooperative federalism. Effective cooperation enhances governance and reduces political and administrative frictions.

8. Role of Zonal Councils in Centre-State Coordination

Zonal Councils, established under the States Reorganisation Act, 1956, promote interstate cooperation. There are five Zonal Councils (North, South, East, West, and Central) chaired by the Union Home Minister. They address border disputes, economic planning, and inter-state issues. Though advisory in nature, they foster dialogue and trust among states and between the Centre and States.

9. Role of NITI Aayog in Strengthening Federalism

NITI Aayog, replacing the Planning Commission in 2015, promotes cooperative federalism through policy advice and state involvement. It includes a Governing Council comprising Chief Ministers and the Prime Minister. NITI Aayog helps align Central and State priorities, facilitates best practice sharing, and supports region-specific development. It plays a consultative, rather than directive, role.

10. Judicial Interpretation in State of West Bengal v. Union of India (1963)

In this case, the Supreme Court held that Parliament has legislative supremacy in matters within its jurisdiction and that States cannot claim sovereignty. The Court upheld the Centre’s power to acquire land in a state for Union purposes. This decision emphasized the unitary tilt in India’s federal structure and limited the states’ claim of absolute autonomy.

11. Judicial Interpretation in S.R. Bommai v. Union of India (1994)

This landmark case laid down strict guidelines for the imposition of President’s Rule (Article 356). The Court ruled that the President’s satisfaction is not beyond judicial review. It emphasized that secularism and federalism are part of the Basic Structure. The judgment curtailed arbitrary dismissal of state governments and strengthened constitutional federalism.

12. Doctrine of Pith and Substance

This doctrine allows courts to determine the true nature of legislation when there is conflict between Union and State laws. If a law primarily relates to a subject within the legislature’s competence, incidental encroachment is permitted. It ensures legislative harmony and prevents invalidation of laws due to minor overlaps. Applied in cases like State of Bombay v. F.N. Balsara.

13. Doctrine of Colourable Legislation

This doctrine prevents legislatures from doing indirectly what they cannot do directly. If a law is within the legislative field but has an ulterior motive or fraud on the Constitution, it can be struck down. This ensures that legislative powers are not misused. Used in cases like K.C. Gajapati Narayan Deo v. State of Orissa.

14. Doctrine of Harmonious Construction

When two laws or constitutional provisions appear to conflict, this doctrine requires courts to interpret them in a way that both can coexist. It avoids invalidation and promotes legal coherence. For example, reconciling Fundamental Rights with Directive Principles, or Centre-State law overlaps. It was used in Minerva Mills v. Union of India to preserve balance.

15. Federalism as a Basic Structure of the Constitution

Though the word “federal” is not used in the Constitution, the Supreme Court in Kesavananda Bharati (1973) and S.R. Bommai (1994) cases recognized federalism as a basic feature. Parliament cannot amend the Constitution to destroy this structure. The Indian model is quasi-federal—with a strong Centre, but federal features such as dual polity, constitutional division of powers, and an independent judiciary are preserved.

16. Article 249: Parliament’s Power to Legislate on State Subjects in National Interest

Article 249 empowers the Rajya Sabha to pass a resolution (by two-thirds majority) declaring that it is necessary in the national interest for Parliament to legislate on a matter in the State List. Once passed, Parliament can make laws on that subject for the entire country or any part of it. The resolution remains valid for one year and can be renewed. This article enhances the flexibility of federalism, allowing Parliament to act in national emergencies or strategic concerns.

17. Article 250: Legislation during National Emergency

Under Article 250, during a Proclamation of National Emergency (Article 352), Parliament gets power to legislate on State List subjects for the entire country. Such laws cease to have effect six months after the emergency ends. This provision ensures national unity and centralized control during crisis, reinforcing the unitary bias in India’s federalism.

18. Article 252: Legislation by Parliament with Consent of Two or More States

If two or more State Legislatures pass resolutions requesting Parliament to make laws on a State List subject, Parliament can do so under Article 252. The law applies only to consenting states, but others can adopt it later. For example, the Prize Competitions Act, 1955. This promotes flexible cooperation while respecting state consent and autonomy.

19. Role of GST Council in Fiscal Federalism

The Goods and Services Tax (GST) Council, established under Article 279A, ensures cooperative fiscal federalism. It comprises the Union Finance Minister (Chairperson), State Finance Ministers, and MoS Finance. It decides on tax rates, exemptions, and revenue sharing. The GST system replaced multiple state and central taxes, and the Council provides a platform for harmonized tax policy and coordination between Centre and States.

20. Special Category States and Financial Assistance

Certain hilly, border, or economically weaker states are classified as Special Category States (e.g., Himachal Pradesh, Assam, Uttarakhand). They receive preferential treatment in central schemes, tax devolution, and grants-in-aid. While the 14th Finance Commission abolished the “special category” classification, these states continue to receive special financial assistance through centrally sponsored schemes and NITI Aayog recommendations.

21. Article 256 and 257: Union Directions to States

Article 256 mandates that states comply with laws made by Parliament. Article 257 empowers the Union to issue directions to states for ensuring national policy implementation. These provisions create a supervisory role for the Centre, especially in communication, infrastructure, and security, reinforcing administrative control while respecting federal structure.

22. Role of Governor in Centre-State Relations

The Governor, appointed by the President, acts as a link between the Centre and the State. He sends reports under Article 356, recommends President’s Rule, and can reserve bills for Presidential assent under Article 200. Although a state constitutional head, the Governor plays a dual role, often criticized for acting on Union government’s direction, which can strain Centre-State relations.

23. Role of All India Services in Administrative Relations

All India Services like IAS, IPS, and IFS are jointly controlled by the Centre and States. They serve both levels of government and are recruited by the UPSC. Their dual accountability and transferability ensure administrative uniformity, national integration, and efficient governance. However, state governments often demand more control over postings, raising debates on autonomy.

24. Financial Imbalance between Centre and States

The Centre collects most of the revenue, but states have higher expenditure responsibilities (e.g., health, education, police). This creates vertical fiscal imbalance, making states dependent on Central transfers, Finance Commission awards, and centrally sponsored schemes. Horizontal imbalance also exists among richer and poorer states. This dependency affects state autonomy and decision-making.

25. Role of Centrally Sponsored Schemes (CSS)

CSS are funded majorly by the Centre but implemented by states. Examples include MNREGA, PMGSY, PMAY. While they aim to achieve national development goals, they often involve conditional funding, reducing state flexibility in local planning. States demand greater role in scheme design and fund allocation to ensure true cooperative federalism.

26. Role of Article 365 in Centre-State Relations

Article 365 provides that if a state fails to comply with Centre’s directions, it can be treated as a failure of constitutional machinery under Article 356. This gives the Centre strong powers to intervene in states. However, such power has been misused in the past to dismiss elected state governments. The Bommai judgment put strict limits on its use.

27. Article 131: Supreme Court’s Role in Inter-Governmental Disputes

Article 131 gives the Supreme Court exclusive jurisdiction in disputes between the Centre and States or between two or more States. It helps maintain constitutional balance and resolve federal conflicts. Cases like State of Rajasthan v. Union of India (1977) affirm judicial restraint and respect for democratic governance, ensuring legal clarity in Centre-State relationships.

28. Impact of Planning Commission and NITI Aayog on Federalism

The Planning Commission (1950–2014) often adopted a top-down approach, leading to central dominance in development planning. Its replacement by NITI Aayog aimed to promote bottom-up, cooperative federalism. With Chief Ministers in its Governing Council and focus on state-specific plans, NITI Aayog promotes collaboration rather than control, although it lacks financial allocation powers.

29. Article 200: Governor’s Power to Reserve State Bills

Under Article 200, the Governor can assent to, withhold, or reserve a bill for President’s consideration. This reservation can delay or block state legislation, often leading to political friction. While constitutionally valid, this power has been questioned when used for partisan purposes. Judicial guidelines stress that such discretion must be exercised judiciously and sparingly.

30. Recent Trends in Indian Federalism

Recent developments indicate a shift from cooperative to competitive federalism. States compete for investment, rankings, and funds. While GST and NITI Aayog promote coordination, concerns remain about centralization of power, especially in taxation and legislative matters (e.g., farm laws, NEET, CAA). Courts continue to play a balancing role, ensuring that federal spirit is respected within the unitary tilt.

Unit-IV

Here are short answer questions (150–200 words each) on the topics: Liability of the State in Torts and Contracts, Freedom of Interstate Trade, Commerce and Intercourse, Services under the State, All India Services, and Public Service Commissions — as per the Indian Constitution.

1. Liability of State in Torts

The liability of the State in torts (civil wrongs) in India is based on English Common Law, distinguishing between sovereign and non-sovereign functions. The State is not liable for acts done in exercise of sovereign powers (e.g., policing, defense), but is liable for non-sovereign functions (e.g., transport, commerce). This principle was upheld in Kasturilal v. State of UP (1965), where the Court denied compensation for police negligence as it was a sovereign act. Critics argue this distinction is outdated and inconsistent with a welfare state. The Law Commission and the judiciary have emphasized the need for statutory codification of State liability in torts.

2. Liability of State in Contracts (Article 299)

Article 299 of the Constitution governs contracts made in the name of the Union or a State. For a contract to be legally binding on the government, it must:

  • Be expressed in the name of the President (Union) or Governor (State),
  • Be executed by an authorized person,
  • Follow due procedure and formalities.
    Non-compliance with these conditions renders the contract void and unenforceable. In Chatturbhuj Vithaldas v. Moreshwar (1954), the Supreme Court emphasized strict adherence to Article 299. This provision protects the government from unauthorized contracts, ensuring transparency and accountability.

3. Freedom of Trade, Commerce and Intercourse (Article 301)

Article 301 guarantees freedom of trade, commerce, and intercourse throughout the territory of India. It ensures economic unity and integration by removing internal trade barriers. However, reasonable restrictions can be imposed under Articles 302–305 for public interest, such as public health or conservation. Parliament can regulate trade between states, while states can act only with Presidential sanction (Article 304(b)). The Supreme Court in Atiabari Tea Co. v. State of Assam (1961) and Automobile Transport case (1962) clarified that restrictions must not hamper the movement of goods and services across states.

4. Restrictions on Interstate Trade under Article 302–305

While Article 301 ensures trade freedom, Articles 302 to 305 permit restrictions:

  • Article 302 allows Parliament to impose restrictions in public interest.
  • Article 303 prohibits discriminatory trade laws between states, unless Parliament makes exceptions during scarcity.
  • Article 304(a) allows states to impose taxes on imports from other states, provided they do not discriminate.
  • Article 304(b) allows states to restrict trade for public interest, subject to Presidential assent. These provisions aim to balance free market principles with regional needs and equity.

5. Constitutional Provisions Relating to Services under the State (Part XIV)

Part XIV (Articles 308–323) governs public services under the Union and States. It includes recruitment, conditions of service, tenure, and dismissal. Article 309 empowers Parliament or State Legislatures to regulate public services. Article 311 provides safeguards to civil servants against arbitrary dismissal. Public employment is considered a constitutional privilege, not a fundamental right. It ensures merit-based selection and administrative efficiency in government functioning.

6. All India Services: Nature and Constitutional Basis

The All India Services (AIS) — Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) — are governed by Article 312. They serve both Centre and States and are recruited by UPSC. AIS officers are posted across states, but their service conditions and promotions are regulated centrally. This dual control ensures national unity, administrative standardization, and state-level efficiency. Their impartiality and mobility make them vital to governance.

7. Recruitment and Control of All India Services

Recruitment to AIS is through the Civil Services Examination conducted by UPSC. The cadre system allocates officers to specific states. The Centre controls their training, promotion, and disciplinary matters, though states supervise their day-to-day functioning. For removal or suspension, state governments need prior central approval. This structure ensures a balance of authority and prevents political interference, although tensions sometimes arise over control and autonomy.

8. Constitutional Provisions Relating to Public Service Commissions

Articles 315 to 323 establish Public Service Commissions at the Union and State levels. The Union Public Service Commission (UPSC) conducts recruitment for All India and Central Services. Each state has a State Public Service Commission (SPSC) for state services. These commissions ensure merit-based, impartial recruitment and advise on disciplinary matters. Their independence is secured by fixed tenure, removal procedure, and service conditions protected by the Constitution.

9. Functions of UPSC (Article 320)

UPSC performs key functions including:

  • Conducting examinations for All India and Central services,
  • Advising the government on recruitment, promotion, and disciplinary matters,
  • Assisting in framing recruitment rules.
    While its advice is not binding, it ensures professionalism and integrity in public service recruitment. UPSC submits an annual report to the President, which is laid before Parliament.

10. Functions of State Public Service Commissions

State Public Service Commissions (SPSCs) recruit for state civil services. Their powers are similar to the UPSC but limited to state-level appointments. They conduct competitive exams and advise on promotions and transfers. Like UPSC, they are independent constitutional bodies. Their reports are submitted to the Governor and tabled in the State Legislature. SPSCs play a crucial role in maintaining an efficient and politically neutral state bureaucracy.

11. Article 311: Safeguards to Civil Servants

Article 311 provides two key protections to civil servants:

  • No dismissal or reduction in rank without an inquiry, and
  • An opportunity to be heard before any punitive action.
    This ensures natural justice and protects government employees from arbitrary action. Exceptions exist in cases of national security or where conducting an inquiry is not practical. The article maintains a balance between efficiency and fairness in the administration.

12. Role of Departmental Promotion Committees (DPCs)

DPCs are internal bodies constituted in government departments to recommend promotions, confirm appointments, and maintain seniority. The committee evaluates officers based on merit, seniority, and performance. UPSC participates in DPCs for higher Central posts. DPCs ensure transparency and uniformity in career advancement while discouraging favoritism.

13. Difference between All India Services and Central Services

All India Services (like IAS, IPS, IFS) serve both Centre and States and are governed by Article 312. Central Services (like IRS, IES, IAAS) serve only the Central Government. AIS officers are allocated a state cadre but can be deputed to the Centre. Central services officers work under central ministries and departments. AIS officers are more mobile and play a larger role in state administration.

14. Constitutional Status of UPSC

The Union Public Service Commission (UPSC) is a constitutional body under Article 315. It is independent and not subject to government control in day-to-day operations. The Chairman and members are appointed by the President, and their conditions of service and tenure are protected under the Constitution. Its advice is recommendatory but respected for its objectivity and credibility.

15. UPSC’s Role in Disciplinary Matters

Under Article 320(3)(c), UPSC advises the President on disciplinary matters of civil servants. This includes cases of suspension, dismissal, or reduction in rank. Although its advice is not binding, it ensures fairness and legality in punitive actions. Ignoring UPSC’s advice without justification can be challenged in courts. It strengthens administrative integrity and guards against victimization.

16. Removal of UPSC Members

Article 317 states that a UPSC member can be removed only by the President on grounds of misbehavior or incapacity, after an inquiry by the Supreme Court. This procedure protects the Commission’s independence. Other grounds for removal include insolvency, engaging in paid employment, or mental/physical unfitness. This strict process upholds the Commission’s constitutional dignity.

17. Composition of UPSC and SPSCs

UPSC and State Public Service Commissions consist of a Chairperson and other members, usually selected from experienced civil servants or legal experts. At least half of the members must have held office for ten years in government service. Their tenure is six years or until the age of 65 (UPSC) and 62 (SPSCs), whichever is earlier. Their status ensures informed and impartial decisions.

18. Legal Effect of UPSC’s Advice

The advice of the UPSC is not legally binding, but it holds persuasive value. In practice, governments follow it to maintain administrative credibility. If the advice is disregarded, reasons must be recorded, and the decision may be subject to judicial review. This maintains a check-and-balance framework between executive action and constitutional values.

19. Joint Public Service Commission

Under Article 315(2), the President may establish a Joint Public Service Commission for two or more states. This is useful for smaller or newly created states lacking resources to maintain a separate SPSC. Members are appointed by the President. While rare, this mechanism promotes interstate cooperation and resource efficiency.

20. Challenges Faced by Public Service Commissions

Public Service Commissions face several challenges:

  • Delays in recruitment processes,
  • Political interference,
  • Backlogs in pending recommendations,
  • Limited resources for research and modern methods.
    These issues affect the meritocratic functioning of civil services. Reforms like digital recruitment, transparency in selection criteria, and better coordination between UPSC/SPSC and departments can strengthen their role.

21. Contractual Liability of the State vs. Private Individuals

The State’s contractual liability, under Article 299, is stricter than for private individuals. Contracts with the government must be:

  • In the name of the President/Governor,
  • Executed by an authorized person, and
  • Made according to the law.
    Failure in any of these makes the contract void. In contrast, private individuals can create oral contracts or informal agreements. This constitutional requirement ensures official accountability and reduces fraudulent claims.

22. Doctrine of Promissory Estoppel Against the State

Promissory estoppel prevents a party from going back on a promise that led another to act on it, even without formal contract. Indian courts have held that the State can be bound by promissory estoppel, especially in matters of public policy and fairness. However, it cannot be applied to compel the State to act against the law or public interest.

23. Protection of Interstate Trade through Judicial Review

The Supreme Court has protected interstate trade through judicial review, especially under Article 301. In cases like Automobile Transport Ltd. v. Rajasthan, the Court struck down discriminatory taxes that hindered free trade. The judiciary ensures that state laws do not interfere with economic unity, unless justified by public interest and approved under Article 304(b).

24. Interstate Trade and the Role of GST

The Goods and Services Tax (GST) replaced multiple state-level taxes, creating a common national market. It removed entry taxes, octroi, and multiple levies, facilitating unified trade across states. The GST Council decides tax rates and ensures cooperative fiscal federalism. GST promotes transparency, reduces logistical costs, and fosters ease of doing business across state boundaries.

25. Article 303: Prohibition on Preferential Trade Laws

Article 303(1) prohibits both the Parliament and State Legislatures from making laws that give preference to one state over another or discriminate between states in trade and commerce. However, under Article 303(2), Parliament can make exceptions in case of scarcity or public interest. This ensures equity and fairness in interstate trade regulation.

26. Importance of Services under the State in a Welfare Democracy

Public services are the backbone of governance in a welfare democracy. Officers in education, health, policing, agriculture, and rural development implement constitutional mandates. Efficient services ensure delivery of justice, social security, and welfare schemes to citizens. Upholding merit, neutrality, and accountability in public employment is essential for public trust.

27. Public Services and Reservation Policy

The Constitution permits reservation in public services for SCs, STs, OBCs, and economically weaker sections (EWS) under Articles 16(4), 16(4A), and 16(6). This aims at social justice and representation. While reservation enhances inclusion, it must balance merit and efficiency under Article 335. Courts have upheld reservations but limited them to 50% cap (Indra Sawhney case).

28. Misuse of Discretion in Public Appointments

Discretionary appointments without transparent procedures can lead to favoritism, nepotism, and inefficiency. The Supreme Court has struck down arbitrary appointments violating Article 14 (equality before law) and Article 16 (equality of opportunity). Public Service Commissions help curb misuse by ensuring merit-based recruitment through competitive exams and objective assessments.

29. Constitutional Mandate for Uniform Civil Services

The framers of the Constitution envisioned a neutral, professional, and efficient civil service to implement policies and protect constitutional governance. The All India Services and public service commissions were introduced to maintain uniform standards, reduce regionalism, and provide stability. A strong civil service ensures continuity across political changes.

30. Impact of Political Interference in Civil Services

Frequent political interference in transfers, postings, and promotions undermines the efficiency and neutrality of civil servants. It leads to a loss of morale, corruption, and administrative instability. The Supreme Court in T.S.R. Subramanian v. Union of India (2013) emphasized fixed tenures and insulating bureaucrats from political pressure. Reforms are essential to protect professionalism in governance.

Unit-V

1. Need for Emergency Powers in the Indian Constitution

The framers of the Indian Constitution included Emergency provisions to equip the Central Government with extraordinary powers during crises that threaten the nation’s security, unity, or financial stability. Given India’s diverse population, geographical vulnerability, and external/internal threats, it was necessary to enable swift and unified responses during wars, rebellions, or economic collapse. However, these powers were designed with checks and balances, ensuring they are used sparingly and not for political gain.

2. National Emergency (Article 352)

National Emergency can be proclaimed by the President if there is a threat to India’s security due to war, external aggression, or armed rebellion. It must be approved by Parliament within 1 month and renewed every 6 months. During this period, Centre assumes power over States, and certain Fundamental Rights under Article 19 get suspended. Emergency was famously imposed in 1975 by Indira Gandhi, leading to constitutional abuses and suppression of dissent.

3. President’s Rule (State Emergency) – Article 356

Also known as President’s Rule, it is imposed when a State government fails to function per constitutional provisions. Based on the Governor’s report or otherwise, the President can assume the State’s functions. It requires Parliamentary approval within 2 months and can last 6 months to 3 years. Misuse of Article 356 was curbed in the SR Bommai case (1994), where the Supreme Court held it subject to judicial review and required floor tests in Assembly.

4. Financial Emergency (Article 360)

If the President believes the financial stability or credit of India is in danger, a Financial Emergency can be declared. Though never imposed in India, it empowers the Centre to reduce salaries, withhold funds, and direct State financial operations. Unlike other emergencies, it has no time limit, and the Union assumes significant control over State financial administration.

5. Effect of National Emergency on Federalism

During National Emergency, India’s quasi-federal structure becomes unitary. Parliament can legislate on State List, and President can direct states on executive matters. Distribution of powers tilts towards the Centre, ensuring national unity. However, prolonged use can undermine state autonomy, as seen during the 1975–77 Emergency. The Constitution ensures these powers are temporary and subject to judicial review.

6. Impact of Emergency on Fundamental Rights

Under Article 359, the President can suspend the enforcement of Fundamental Rights, except Articles 20 and 21 (post-44th Amendment). During Emergency, Article 19 is automatically suspended (in case of war/aggression), limiting citizens’ rights to expression, assembly, and movement. The misuse of these provisions during the 1975 Emergency led to arbitrary arrests and censorship, prompting reforms in the 44th Constitutional Amendment.

7. 44th Constitutional Amendment and Emergency Provisions

The 44th Amendment (1978) was enacted to prevent abuse of Emergency powers, as witnessed in 1975–77. It:

  • Restricted Article 352 to be declared only on written advice of Cabinet,
  • Removed armed rebellion from Article 19 suspension,
  • Ensured Articles 20 and 21 can never be suspended,
  • Strengthened judicial and parliamentary safeguards.
    This amendment restored democratic accountability and curtailed executive overreach.

8. Safeguards Against Abuse of Emergency Powers

The Constitution provides several safeguards:

  • Time limits and Parliamentary approval for all types of emergencies,
  • Judicial review of Emergency declarations (especially Article 356),
  • Requirement of written Cabinet advice for Article 352,
  • Post-44th Amendment protections for Fundamental Rights.
    These provisions ensure that Emergency powers are not used arbitrarily and remain within the framework of constitutional morality.

9. Amendment of Constitution: Article 368

Article 368 empowers Parliament to amend the Constitution by special majority. Two types of procedures exist:

  1. Simple special majority (for most amendments),
  2. Special majority + ratification by half the states (for federal provisions).
    The process maintains a balance between flexibility and rigidity, allowing adaptation to changing times while protecting the Constitution’s core values.

10. Difference Between Legislative and Constituent Powers

Legislative power refers to law-making under the Constitution, while constituent power is the power to amend the Constitution itself (under Article 368). Legislative power is limited by the Constitution, whereas constituent power can alter it—except for the Basic Structure, which cannot be amended. Constituent power is higher and sovereign in nature, but still subject to judicial scrutiny post-Kesavananda Bharati.

11. Basic Structure Doctrine – Origin and Meaning

The Basic Structure Doctrine was established in the Kesavananda Bharati v. State of Kerala (1973) case. The Supreme Court held that while Parliament can amend the Constitution, it cannot alter its basic structure. Elements like democracy, federalism, secularism, judicial review, and rule of law are part of this structure. This doctrine protects the core identity of the Constitution from political misuse.

12. Role of Judiciary in Limiting Amending Power

The judiciary has played a pivotal role in preventing the abuse of constitutional amendments. In Kesavananda Bharati, the Court ruled that Article 368 does not grant unlimited power. In subsequent cases like Minerva Mills (1980) and SR Bommai (1994), the Supreme Court struck down amendments and actions that violated the Basic Structure. This ensures judicial supremacy in safeguarding constitutional integrity.

13. Doctrine of Basic Structure in Minerva Mills Case

In Minerva Mills v. Union of India (1980), the Supreme Court struck down parts of the 42nd Amendment that tried to give unlimited power to Parliament to amend the Constitution. The Court held that limited amending power is itself a part of the Basic Structure. It reaffirmed that harmony between Fundamental Rights and Directive Principles is essential and neither can override the other.

14. Federalism as Part of Basic Structure

Indian federalism is asymmetric, yet the Supreme Court has held it to be part of the Basic Structure. In SR Bommai v. Union of India, the Court emphasized that Centre cannot arbitrarily dismiss State governments and that federalism must be respected. Parliament cannot destroy this principle through constitutional amendments, preserving the balance of power.

15. Judicial Review as Part of Basic Structure

The power of courts to examine the validity of laws and executive actions is known as judicial review. In Kesavananda Bharati and later in I.R. Coelho (2007), the Supreme Court declared that judicial review is a part of the Basic Structure, and even constitutional amendments can be struck down if they violate this. It is essential for maintaining rule of law and constitutional supremacy.

16. Secularism as Part of the Basic Structure

The Supreme Court in S.R. Bommai v. Union of India (1994) held that secularism is a part of the Basic Structure of the Constitution. This means that Parliament cannot pass any constitutional amendment that removes or alters the secular character of the Indian state. The state must treat all religions equally and cannot favor or discriminate against any religion. This doctrine ensures that religion is kept out of governance and politics, maintaining India’s pluralistic ethos.

17. Democracy as a Basic Feature of the Constitution

Democracy, both political and social, has been held by the Supreme Court as an essential feature of the Basic Structure. In Indira Nehru Gandhi v. Raj Narain (1975), the Court struck down a constitutional amendment that placed the Prime Minister’s election beyond judicial review. It ruled that free and fair elections, accountability of the executive, and the rule of law are non-negotiable elements of the Constitution’s democratic identity.

18. Rule of Law as a Basic Structure Element

The Rule of Law implies that the government must act according to law and not arbitrarily. In Kesavananda Bharati (1973) and later in Minerva Mills (1980), the Supreme Court held that Rule of Law is part of the Basic Structure. No constitutional amendment can abrogate or override this principle. It upholds equality before the law, protection of rights, and judicial review, forming the foundation of constitutional governance.

19. Amendment Power under Article 368 vs Judicial Review

Article 368 allows Parliament to amend the Constitution, but such power is not absolute. The Supreme Court in Kesavananda Bharati ruled that amendments that damage or destroy the Basic Structure can be struck down by courts. This makes judicial review a limitation on constituent power, ensuring that the core values of the Constitution cannot be diluted, even by the legislature.

20. Kesavananda Bharati Case: Landmark Ruling

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench of the Supreme Court ruled that Parliament can amend any part of the Constitution under Article 368, but cannot alter the Basic Structure. This doctrine was created to protect core principles like secularism, democracy, judicial review, federalism, and rule of law. The judgment prevents the ruling majority from distorting constitutional identity.

21. Difference Between Amendment and Rewriting of Constitution

An amendment modifies specific provisions of the Constitution without changing its overall identity. Rewriting, however, alters the basic framework and intent of the Constitution. The Supreme Court has consistently held that Parliament can amend but not rewrite the Constitution. Rewriting would violate the Basic Structure Doctrine and is impermissible under Article 368.

22. Impact of Emergency on Judicial Independence

During the 1975 Emergency, the judiciary came under pressure from the executive. In ADM Jabalpur v. Shivkant Shukla (1976), the Supreme Court ruled that even Article 21 could be suspended, drawing heavy criticism. Later, in 2017, the Court admitted this was an error. The episode highlighted the dangers of executive dominance and led to stronger emphasis on judicial independence as a Basic Structure.

23. Emergency Provisions and Accountability Mechanisms

Emergency powers under Articles 352, 356, and 360 are subject to constitutional checks. These include:

  • Mandatory Parliamentary approval within specified time,
  • Requirement of Cabinet advice in writing (post-44th Amendment),
  • Judicial review of Emergency proclamations (e.g., SR Bommai),
  • Limited scope to suspend rights.
    These mechanisms ensure that Emergency is not misused for political ends.

24. Comparison: National Emergency vs. President’s Rule

While both emergencies involve central intervention, their grounds and impact differ:

  • National Emergency (Article 352): For war, external aggression, or armed rebellion; affects entire nation; Article 19 suspended.
  • President’s Rule (Article 356): For breakdown of constitutional machinery in a state; only affects the concerned state.
    Both require Parliamentary approval, but National Emergency alters federalism more drastically.

25. Constitutional Protection of Fundamental Rights During Emergency

Before the 44th Amendment (1978), Fundamental Rights like Articles 14, 21 could be suspended. After the amendment:

  • Articles 20 and 21 cannot be suspended even during Emergency,
  • Suspension of Article 19 only possible during war/external aggression, not armed rebellion,
  • Article 359 cannot be misused to curtail life and liberty.
    This protects citizens from arbitrary state actions during crises.

26. S.R. Bommai Case: Safeguards Against Misuse of Article 356

In S.R. Bommai v. Union of India (1994), the Supreme Court laid down conditions for valid use of Article 356:

  • Judicial review of President’s Rule is allowed,
  • Floor test is the only valid method to determine majority,
  • Secularism is a Basic Structure – non-secular acts of State governments can lead to valid dismissal.
    The case strengthened federalism and democratic values in India.

27. Federalism During Emergency: Temporary Unitary Tilt

During emergencies, India’s quasi-federal nature becomes unitary:

  • Centre can legislate on State List (Article 250),
  • Executive powers of states are subject to Union directions (Article 353),
  • States lose autonomy temporarily.
    This shift ensures national coordination, but is restricted by time-bound approvals and judicial oversight to preserve the federal balance.

28. Article 359: Suspension of Right to Constitutional Remedies

Article 359 allows the President to suspend the right to move courts for the enforcement of Fundamental Rights during Emergency. However, the right itself is not suspended, only its enforcement. Post-44th Amendment, this does not apply to Articles 20 and 21, thus life and personal liberty are always protected. This reflects a more rights-sensitive constitutional framework.

29. Role of the President During Emergency

The President declares Emergency under Articles 352, 356, or 360 based on Cabinet advice. His role is largely formal, bound by the advice of the Council of Ministers (post-42nd and 44th Amendments). He issues proclamations, dissolves State Assemblies under Article 356, and directs executive action. However, Parliamentary oversight and judicial review limit Presidential discretion.

30. Doctrine of Separation of Powers and Emergency

Emergency often leads to blurring of separation of powers. The executive dominates during crises, sometimes overruling legislative and judicial independence. For instance, during the 1975 Emergency, laws were passed curbing press freedom, and judiciary yielded to executive. The Basic Structure Doctrine, reaffirmed in Minerva Mills, ensures that separation of powers is maintained, even during exceptional times.