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·Com na podturning EVOLUTION OF THE CONSTITUENT ASSEMBLY In 1922 Mahatma Gandhi first conceived the idea of a constituent assembly elected by the people He observed Swaraj will not be a free gift of the British Parlament it will be a declaration of India s full self-expression That it will be expressed through an Act of Parliament is true but it will be merely a courteous ratification of the declared wish of the people of India even as it was in the case of the Union of South Africa Nevertheless it was not until 1935 that the idea was officially and senously put forward by the Indian National Congress "The National Congress wrote Pandit Jan aharlal Nehru in January 1938 stands for independence and a democratic state It has proposed that the constitution of a free India must be framed without outside interference by a constituent assembly elected on the basis of adult franchise That is the democratic way and there is no other way short of revolution which can bring the needed result An assembly so elected well represent the people as a whole and will be far more inter ested in the economic and social problems of the masses than in the petty communal issues which affect small groups Thus it will solve without much difficulty the communal and other like problems

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·SHAPING OF THE CONSTITUTION In the fir t session of the sovereign Constituent Assembly of India its President Dr Rajendra Prasad spoke of a class ss society for India It was to be a co operative commons alth and the making of its constitution was the supreme tak of the Assembly Thc foundation of its constitutional structure was laid by the Objectives Resolution moved by Pandit Jawaharlal Nehru. It said Wh n all power dth nity fth so Jped tid 10 en t tu tp it and fg mnt ar d ned i om tb pe ple ad W nb ll be guan d & secu do pe p! Ind jut m nd pol ti al 4 lty (t tu Ipportun ty d bero th!w fr d m fth ght bel et 1h woh etc and tn, ubytt i d publ m ral ty Wh nd quafg & bubu pro dal NO nita b kw dnd trib? d nd thibkw dcl se nd Wh nhall be m t} fth rr ry fh R rubl c nd & ght nld d dh 11 Rhif I nd hn plac hid dmk till nd all nb t t th iwld pe nd bw 18 ddd ndth d na The brick and mortar of the tructure were provided by the reports of the Union Powers Committee th Union Constitution Committee the Provincial Constitution Committee the Advisory Committee on Minorities and Fundamental Rights Committees on Chick Commissioners and Financial Relations beta een the Union and the States and the Advisory Committee on Tribal Arcas But the final shape and form were given by the Drafting Committee with Dr Ambedkar as Chairman The Draft Constitution framed after eight months labour was considered clause by clause by the Constituent Assembly and was amended in the bght of criticism On November 26 1949 the Constituent Assembly in the name of the people of India adopted and enacted the Constitution - The Charter of India s Freedom The Constitution as it finally emerged after two years eleven months and eighteen days comprises 395 articles and eight schedules VATIONAL FLAG The Constituent Assembly has al o given the nation its national standard and emblem On July 22 1947 the Assembly adopted the Tricolour with the Asoka Chakra as India s Flag This Flag as 7 ·Till World War II the British Government resisted India s demand for a constituent assembly But the war and the international situation created circumstances which opened the eyes even of the Churchill Government The Cripps Plan sought to set up immediately upon the cessation of hostilities an elected body in order to frame a new constitution for the country This plan however proved abortive On March 15 1946 Mr Attlee the Labour Prime Minister declared in the House of Commons Is it any wonder that today India claims as a nation of 400 million people that has twice sent her sons to die for freedom that she should herself have freedom to decide her own destiny? What form of government is to re place the present regime is for India to decide but our desire is to help her to set up forthwith the machinery for making that decision BORN WITH LIMITATIONS The outcome was the present Constituent Assembly set up in 1946 according to the Cabinet Mission Plan It was not a sovereign body it was born with limitations both in respect of basic principles and procedure Moreover it was subject to the final authority of the British Parliament Notwithstanding these adserse conditions the Congress agreed to join the Constituent Assembly The Muslim League on the other hand refused to do so despite the statement of December 6 which conceded practically everything the League wanted It fell back upon its original stand according to which the would never participate in any single constitution making machinery It de manded two separate constitution making bodies for the people of Pakistan and Hindustan Muslim nation The deadlock persisted till the Junc 3 Plan brought about the partition of the country A SOVEREIGN CONSTITUENT ASSEMBLY The Indian Independence Act discarded the Cabinet Mission Plan and established the so creign character of the Constituent Assembls On August 14 1947 it it a su mbled to assume power on behalf of the Government of India 6 ·SHAPING OF THE CONSTITUTION In the first session of the sovereign Con tituent As mbly of India its President Di Rajendra Prasad spoke of a classle s society for India It was to be a co-operative commonwealth and the making of its constitution was the supreme task of the Assembly Thu foundation of its constitutional structure was laid by the Objectives Resolution moved by Pandit Jawaharlal Nehru It said all pow t Wh nd a th ty of th 50 J pe d t Ind t tu tp It dn di m the pe plad Wh h 1 be ant d d secu do 11 the pe pi of Ind ju tec La] d pol til q alty f t tu f opportu ty befo th lw f d m fth ght P 7, beli f f th Oct on ad in bytt lyd publ m ralty a d Wb ad qut saf guard h 11 be pvd df mn b ckward nd tribal and d p sed d th b kwa dd d Wh halb maint dh gnity fth tr try the R publcnd t so gn righ d nd thiwt vil den and b nt ! dt t ehf 1 Jln d p! h w id and mkt fllda !! rnbut th Ofulde dh! fm kd land, se The brick and mortar of the structure rerc provided by the reports of the Union Powers Committee th Union Constitution Committee the Provincial Constitution Committee the Advisory Committee on Minonties and Fundamental Rights Committees on Chief Commissioners and Financial Relations between the Union and the States and the Advisory Committee on Tribal Areas But the final shape and form were given by the Draftin Committee with Dr Ambedkar as Chairman The Draft Constitution framed after eight months labour was considered clause by clause by the Constituent Assembly and was amended in the light of criticism, On November 26 1949 the Constituent Assembly in the name of the people of India adopted and enacted the Constitution - The Charter of India s Freedom The Constitution as it finally emerged after tho years eleven months and eighteen days comprises 395 articles and eight schedules VATIONAL FLAG The Constituent A sembly has also given the nation its national standard and emblem On July 22 1947 the Assembly adopted the Incolour with the Asoka Chakra as India s Flag This Flag as 7 ·Pandit Jawaharlal Nehru put it is not a flag of an Empire not a flag of Imperialism but a Flag of Freedom not only for ourseh es but a symbol of freedom to all people who may see it It was in keeping with India s tradition that this symbol of freedom was presented to the sovereign Constituent Assembly by Shrimatı Hansa Mchta on behalf of the women of India 8

·Suid
Sufficio
Hygtning
A COMPREHENSIVE DOCUMENT
The Constitution of India is a comprehensive document It makes
detailed provisions to deal with the initial difficulties of an infant
State These measures will also ensure harmonious working of the
Constitution.
h
the Constitution deals with the following
(2) the function and the
(4) fundamen
6) the services
(7) the federal judiciary and the Id Bu
fficial language
and (9) vanous other matters of basic importance
tl rights
SOURCES
The framers of the Constitution have drawn wisely upon the
mature expenence of democratic countries They have tried

·to avoid the detects of other constitutions and to accept only those features which would suit Indian conditions In making certain fundamental departures from the prevalent theories and practices they have adopted provisions which besides being original avoid agidity and I galism in coping with emergencies in peace and Morcover they have given the Constitution a national character znasmuch as the panchayats the most valuable of surviving democratic institutions of ancient India have found a place in the country s constitutional structure war SOVEREIGNTY OF THE PEOPLE The Constitution seeks to vest sovereignty in the people and establish constitutional government which according to Woodrow Wilson 15 one whose powers have been adapted to the interests of the people and maintenance of individual liberty The Objectives Resolution unequivocally lays down that ulti matc sovereignty both in the Union and the units shall rest with the people and the principle has been incorporated in the preamble of the Constitution We The People of India it reads having solemnly resolved to constitute India into a Sovereign Democratic Republic do Hereby Adopt Enact and Give to Oursel s This Constitution GOVERVMENT BY THE PEOPLE The Constitution envisages a democratic government and define India as a sovereign democratic republic In other words India will have a system of government in u hich the average citizen has direct ac cess to the sources of authority The right to political power thus means not only the right to vote or choose representatives but also the right to hold office and be chosen for it For the first time in the tory of modern India the Constitution confers that right on all adult persons, that is people a ho have attained the age of twenty-one and removes all discrimination based on birth wealth colour race or sex For instance by a single stroke of the pen the Constitution transforms the status of the Indian ryots who form seventy per cent of the population By parlamentary government ind universal adult franchis Government becomes accountable to the p ople and to their the representatives 10 ·SECULAR STATE comments in India th: State for India } irrespective of religion caste colour cre a UL Tendered by the State will thus be distribut d qually among all it citizens Every citi en of India will b free to practis the region of his or her choice The Government will scrupulou le refrain from discrimination on religious grounds or from patroni ing or propa gating any particular faith The ideal is based on th theory that a seculat State deals only with the relations between men and men and not between man and God The State will regulate the indivduals beha jour only in relation to other human beings FEDERAL STRUCTURE The Indian Constitution is a federal structure It has a dual policy aith a written constitution defining clearly the spheres of authority of the Union and its constituent units called the States There is an Independent judiciary to dehne and interpret the Constitution and resol e disputes utising b tween the Centre and the States But unlike Amenca it is not a federal federation with a bias towards auto nomy and integrity of the units The Indian Constitution rests res duary authority in the Centre all matters not enumerated in the Concurr nt or State Lists will be deemed to be included in the Union List It also arms the Centre with adequate powers to direct all important acti ities accarding a uniformly executed pian The unity in admin stration is sought through a single judiciary unity In basic ws common all India ser ices and a common language The Indi n Federation however is a flexible one The Centre can supersede the authority of the States in an emergency ITS FLEXIBILITY A good constitution must be elastic and change in accordance with circumstanc s meet eventualties rithout having to undergo the formal process of amendment The Indian Constitution has all these qualities The C nstituent Assembly has refrained from ·to avoid the defects of other constitutions and to accept only those features which would suit Indian conditions In making certain fundamental departures from the prevalent theories and practices they have adopted provisions which besides being original avoid rigidity and legalism in coping with emergencies in peace and Morcover they have given the Constitution a national character inasmuch as the panchayats the most valuable of surviving demo cratic institutions of ancient Indı? have found a place in the country s constitutional structure war SOVEREIGNTY OF THE PEOPLE The Constitution seeks to vest sovereignty in the people and establish constitutional government which according to Woodrow Wilson is one whose powers have been adapted to the intuitsts of the people and inaintenance of individual liberty The Objectives Resolution unequivocally lays down that ulti mate sovereignty both in the Union and the units shall rest with the people and the principle has been incorporated in the preamble of the Constitution We The People of India it rends having solemnly resolved to constitute India into 1 Sovet ign Democratic Republic do Hereby Adopt Enact and Give to Ourselves This Constitution GOVERNME VT BY THE PEOPLE The Constitution envisages a democratic government and defines India as a sovereign democratic republic In other words India will have a system of government in which the average citi en has direct ac cess to the sources of authority The right to political pon er thus means not only the right to vote or choose representatives but also the right to hold office and be chosen for it For the first time in the i tory of modern India the Constitution confers that right on all adult persons, that is people who have attained the age of twenty one and removes all discrimination based on birth ucalth colour race or sex For instance by a single stroke of the pen the Constitution transforms the status of the Indian ryots who form seventy per cent of the population By parliamentary government ind universal adult franchise the to th Government becomes accountable pople and to their representaties 10 ·SECULAR STATE In spite of the existence of variou corriuniti s in India th:- Constitution is opposed to communal polits and cont mflate as cular State for India A single common citi en luip will be a lied to all irrespective of religion caste colour creed or sx rices rendered by the State will thus be distribut d cquill mong all its citizens Every citi en of India will be free to practis the rcligion of his or hr choice The Go ernment will scrupuluu ly refrain from d scrimination on religious grounds or from patroni ing or propa gating ang particular faith The ideal is based on the th ory that a secular State deals only with the relations between man and man and not between man and God The State will regulate the individuals behaviour only in relation to other human beings FEDERAL STRUCTURE The Indian Constitution is a federal structure It has a dual polity aith a written onstitution defining clearly the spheres of authority of the Union and its constituent units called the States There is an independent judiciary to define and interpret the Constitution and resol c disputes rising between the Centre and the States But unlike America It s not a federal federation with a bias towards auto nomy and integrity of the units The Indian Constitution vests residu ry authority in the Centre all matters not enumerated in the Concurrent or State Lists will be deemed to be included in the Union List It also arms the Centre aith adequate powers to direct all important acti ities according to a uniformly executed plan The unity in admin strauon is ought through a single judiciary unity n basic laws common all India services and a common language The Ind an Federation howe er is a flexible one The Centre can uper ede the authority of the States in an emergency ITS FLEXIBILITY A good const tut on must be elastic and change in accordance with ircumstances meet eventualities without ha ing to undergo the formal process of amendment The Indian Constitution has all these qualities The C nstituent Assembly has refrained from ·putting a seal of finality and infallibility upon the Constitution It has eschewed the difficult and complicated process of convention and referendum The complexities of the American and Australian constitutions have also been avoided Instead it has adopted a simple amending process The Indian Constitution divides the constitutional provisions into three groups In one it includes articles relating to the (1) Central and the State Judiciary (2) crtent of the erecutive authority of the Union (3) relationship between the Union and the States (4) Union State and the Concurrent Lists (5) representatives of the States in Parliament and (6) election of the President Most of thç remaining provisions are grouped in the second category In relation to the latter the Constitution stands amended if a bill to that effect is pass d in each House by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting As regards the former the amendments must be ratified by the legislatures of not less than half of the States specified in Parts A and B of the First Schedule The provisions not covered by the above procedures can be amended by the legisla tures in the ordinary way Elasticity is further introduced by enabling the federal structure to be converted into a unitary one in an emergency The Central Government can then assume control of all affairs of the nation and the Central Legislature can exercise legislative poners which are other wise exclusively vested in the States Even in peace time Parliament can legislate on any of these subjects provided that it is declared of national importance and adopted by a tho third majority The adoption of a long list of the concurrent subjects not only makes the Constitution flexible but is also corrective of unnecessary legalism the bane of federalism THE STATE LAIGUAGE The provision regarding the State language is another important feature of the new Constitution Besides b ing a medium of national intercourse a single State language is absolutely essential for adminis trative convenience in a vast and multi lingual country like India The Constitution prescribes Hindi in Devanagari script with the Indian numerals in international form as the official language of the Union for a period of fifteen scars however the English language will continua 12 ·to be u ed for all official purposes of the Union At the simc time provisions has been mad to introduce and extend Hindi for official use even earl r than th prescribed period The Legi laturcs of the States however can adopt one or more of the langung s in use in the State as a regional language Fourteen of these including Hindt have been enumerated in the Eighth Schedule Legislatures can also use Hindi as the official language SPECIAL PROVISIONS FOR SCHEDULED AND TRIBAL AREAS Finally the Constitution mahes special provisions for the Scheduled and Tobal Areas These are meant to ensure the welfare and social autonomy of the Scheduled Tabs For the first ten years some seats in the legislatures and posts in public services will be reserved for them Special provisions have also been made for the administration of Tribal Areas In Assam for instance District Councils and Autonomous Regional Councils will be set up for the Tribal Areas These will give the tnbal people a substantial share in administration For the other States Advisory Councils will be created in order to associate the tribal people with administration Moreo er the Constitution stipulates that there should be a minister in charge of the welfare of Tribes and Scheduled Castes A special officer will periodically report on the working of these safeguards Finally a special commission will report on the welfare of Scheduled Areas 13 ·lang ating It TH HE Indnn Constitution provides for common citi_cnship cscheus double citi enship characteristic of a federal structure The people entitled to Indian citizenship include (1) those domiciled in India (2) refugees who have migrated to India from Pakistan and (3) Indians overseas But these provisions are not meant to be exhaustive nor are they final It is left to Parliament to make comprehensive lius on the subject The first category of persons on whom the Constitution confers citizenship comprises those (a) domiciled in India (b) one of whose parents was born in the territory of India or (c) ho have ordinarily b en resident in the t rritory of India for not less than five years provided that they have not voluntarily acquired citi enship in any foreign state ·The person India has thus adopted a thr e fold ba is for citi enshup namely birth d scent and resid ncc These provisions are in certain ways stcicter than those in the Constitution of the United States where birth alone is suffici nt ground for citi cnship in the Indian Consti tution however an additional qualification 15 needed mu t have a permanent home in India The second category consists of thos who have migrated to India from Pakistan or who have come to India from Pakistan under per manent permits granted to them by the Indian authoriti s Di placed persons from Pakistan will be deemed to be citi ens of India on the commencement of the Constitucion it (a) they or either of their parents or any of their grandparents were born in India before partition (b) they (in the case of those who migrated before July 1948) have been ordinarily resident in the terntory of India since the date of their migration and (c) th y (in the case of those s ko migrated on or after July 1948) were registered as cits ens of India on application mad by them before competent authorities With regard to the last there is a reservation that no such person should be registered in India unless he has resided in the territory of India for at least six months immediately preceding the date of his application. These provisions are in fact, in conformity with the policy of the Government to accept practically all displaced persons who came to India from Pakistan before July 1948 but thereafter to accept only such people as were registered citi ens of India The Constitution denies cia enship to those who migrated to Pakistan after March 1 1947 but exempts those who have returned to India from Pal nimt's seeking permanent settlement The provisa Pakistar the permanently Finally the right of citizenship has also been conferred on person of iod an origin residing outside India They include all wio either themsel es or any of whose parents or grandparents were born in undivided India and who register themselvcs as citi ens of India through India d piomatic or consular representatives abroad

·Ng Ying
It
THE
HE Indian Constitution provides for common cıtı enship
cschews double citi enship characteristic of a federal structure
The people entitled to Indian citizenship include
(1) those domiciled in India
(2) refugees who have migrated to India from Pakistan and
(3) Indians overseas
But these provisions are not meant to be exhaustive nor are they
final
It is left to Parliament to make comprehensive laws on the
subject
The first category of persons on whom the Constitution confers
citizenship comprises those
(a) domiciled in India
(6) onc of whose parents was born in the territory of India or
(c) who have ordinarily buen resident in the territory of India
for not less than five yurs provided that they have not
voluntarily acquired citi enslup in any foreign state

·India has thus adopted a three fold basis for citi ensłup nam ly birth d scent and resid ncc The e pra i ions are in certain uzys stricter than those in the Constitution of the United States where birth alone is suffici nt ground for citi enship in the Indian Consti tution however an additional qualification is needed The per on mu e have a permanent home in India The second category consists of those who has e migrated to India from Pakistan or who have come to India from Pakistan und r per manent permits granted to them by the Indian authoriti s Di placed persons from Pakistan will be deemed to be citi ens of India on the commencement of the Constitution it (a) they or either of their parents or any of their grandparents were born in India before partition (b) they (in the case of those who migrated before July 1948) have been ordinanly resident in the territory of India since the date of their migration and (c) they (in the case of those who migrated on or after July 1948) were registered as citi ens of India on application made by them before competent authorities With regard to the last there is a reservation that no such person should be registered in India unless he has resided in the territory of India for at least six months immediately preceding the date of his application These provisions are in fact, in conformity with the policy of the Government to accept practically all displaced persons who came to India from Pakistan before July 1948 but thereafter to accept only such people as were registered citiens of India The Constitution denies citi enship to those who migrated to Pakistan after March 1 1947 but exempts those who ha e returned to India from Pakistan under permits seeking permanent settlement The proviso is intended to help those Muslims or their families who left for Pakistan during the disturbances without any intention of residing ther permanently F nally the r ght of citizenship has also been conferred on prsons of Indian ongin residing outside India They include all wao either themsel es or any of whose parents or grandparents were born in undiv ded India and who register them elves as citi ens of India through Ind as d plomatic or consular representatives abroad 1 ·Tundumgugal Richiesta "RIGHTS LIGHTS are the groundwork of the State They are the quality which gives the exercise of its power a moral character And they are natural rights in the sense that they are essential for the good life Their inclusion in the constitution of a country makes them inviolable commanding the respect of the people and the government alike Being fundamental to each citi en they are made justiciable but some nights which cannot be enforced in the courts are more imperative and less violable because of their place in the Constitution They have a great educative value and provide training in citi enship The theory of fundamental rights implies limited government It aims at preventing the government and the legislature from becoming totalitarian and in doing so it affords the individual an opportunity for self development But these rights are not absolute they are subject to limitations imposed by the State in order to secure rights for all individuals or to promote the greater interests of the community or the State The Indian Constitution offers all citi ens individually and collectively the best fruits of democracy and those basic freedoms and conditions of life which alonc make life significant and productie

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·The nights contained in Part III of the Constitution are declared fundamental and justiciable All other lars which are inconsistent with them or take away or abridge these nights are null and void The fundamental rights are classified as (1) Right to Equality (2) Right to Freedom (3) Right to Freedom of Religion (4) Cultural and Educational Rights (5) Right to Property and (6) Right to Constitutional Remedies RIGHT TO EQUALITY The new Constitution postulates civic and social equality as the bedrock of Indian pality Discrimination against any citizen on grounds of religion race caste sex or place of birth is prohibited. In public employment it ensures equality of opportunity for all The only exception is the right given to the legislature to prescribe in certain cases residential qualifications and to reserve some posts for backward classes who in the opinion of the State are not adequately represent ed in the services The definition of backward classes has been left to the decision of the State Governments Another important step which the Constitution has taken towards the establishment of social equality in India is the abolition of titles local or foreign which created artificial differences among the people Only the conferment of military or academic distinctions will continue ABOLITION OF UNTOUCHABILITY The Constitution has put legal stamp on the great social te olution brought about by Mahatma Gandhi It lifts about fifty million untouchables of India from their age old low social status It lays down that untouchab lity is abolished and its practice in any form is forbidden The enforcement of any disability arising out 17

·Dr SACHCHIDANANDA SINHA who cted a CI
form 11 ton of th P Jnt of th Cot tu
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·State and authon es it to impose any reasonable re zrictions in public interest It also safeguards the nght of the State to make laus relaung to hbel slander defamanon and contempt of court It is sometimes said that the saving clauses in the Constitution detract from the nghts ensured by Article Nineteen This is an erroneous conception No nights are ever absolute They are als ass subject to limitations imposed by the State to secure or promote the greater interests of the community Even in the Amencan Constitution some restrictions on rights are recognized by the Suprem Court as vital for the State Personal liberty and the rule of law also find a place in the Constitution No person can be convicted of any offence except for the violation of the las in force at the time of the offence. Nor can he be subject to a penalty greater than what may have been included under the existing laus The oth legal reliefs available to the individual are that no person wulb prosecuted and punished for the same offence twice and that no person accused of any offence will be compelled to be a witness against hims If "The principle of the rule of law is recogni ed by other provisions also Thus no person can be deprived of his life or personal liberty cxcept in accordance with the procedure established by law Nor shall he be denied equality before the law or the equal protection of the laus of the country Detention without trial has been an anathema to the people of India The Constitution therefore includes measures against arbitrary arrest and indefinite detention It lays down that no person who is arrested shall be detained in custody without being informed as soon may be of the ground for such arrest nor shall he be denied the right to consult and be detended by a legal practitioner of his choice It defines the procedure to be adopted in the event of detention it fites three months as the maximum period of detention uni ss it is extended on the advice of an Advisory Board comprising persons qualified to be appointed as judges of the High Court It also st pulates that the authority making such an order should communicate to the person arrested the ground on which the order has been made and afford him th earliest opportunity of making representations against such an order The only exemption from this relief are persons who are (i) for the time being considered to be enemies of India (11) aliens or (t) a e under preventive detention Articles on Right to Equal ty also guarantee freedom of trade 19 ·in of untouchability shall be an offence punishable by law Tlus single clause outlau ing untouchability is more precious than all the rights of equality guaranteed under the Constitution It puts an end to the most degrading of social inequalities that have vitiated Hindu society Such social customs and disabilities as enforced segregation of untouchables at wells streets schools and places of worship are declared illegal In fact the ban covers all forms of untouchability specificd or unspecified Some of the prevalent social disabilities are removed and equality in public places is guaranteed to all It is provided that no citi en shall on grounds only of religion race ser place of birth or any of them be subject to any disability liability restriction or condition with regard to caste (a) access to shops public restaurants hotels and places of public entertainment or (b) the use of wells tanks bathing ghats roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public With the statutory equality of status accorded to untouchables a new chapter of social democracy opens in India This right to equality or equal protection of law against segregation on grounds of colour is still to be recogni ed even in some advanced countries Under the Indian Constitution however segregation on grounds of colour or caste in public places carriages and educational institutions constitutes an offence and a direct breach of the right to equality INDIVIDUAL LIBERTY form associations or Consistent with its democratic aims the nen Constitution seeks to guarantee basic rights and freedom to all people in India Every citizen enjoys freedom of speech and expression the right to assemble peacefully and without arms move freely throughout the territory of India Itside and settle in any part of it acquire hold and dispost of property and practise any profesion or carry on any occupation trade or bu iness unions These rights however can by no means be absolute nor are they so in practice The Constitution enabl s the State to restrict these rights in the interest of public order decency morality and s curity of 18 ·State and authori es it to impose any reasonable re trictions in public interest It also safeguards the nght of the State to make laus relating to libel slander defamation and contempt of court It is sometimes said that the saving clauses in the Constitution detract from the rights ensured by Article Nineteen This is an erroneous conception No rights are ever absolute They are als ays subject to limitations imposed by the State to secure or promot the greater interests of the community Even in the American Constitution some restrictions on rights are recogni ed by the Supreme Court as vital for the State Personal liberty and the rule of law also find a place in the Constitution. No person can be convicted of any off nce except for the violation of the lan in force at the time of the offence Nor can he be subject to a penalty greater than a hat may have been included under the existing laas The other legal relic's a ailable to the individual are that no person will be prosecuted and punished for the same offence twice and that no person accused of any offence will be compelled to be a witness against himself The principle of the rule of law is recogni ed by other provisions also Thus no person can be deprived of his life or personal liberty except in accordance with the procedure established by law Nor shall he be densed equality before the law or the equal protection of the laus of the country Detention without trial has been an anathema to the people of India The Constitution therefore includ s measures against arbitrary arrest and indef nite detention It lays down that no person who is arrested shall be detained in custody without b ing informed as soon may be, of the ground for such arrest nor shall he be deni d the right to consult and be defended by a legal practitioner of his choice It defines the procedure to be adopted in the event of detenuon It fires three months as the maximum period of detention unless it is extended on the ad ice of an Advisory Board comprising persons qualified to be appointed as judges of the High Court It also stipulates that the authority making such an order sl ould communicate to the per on arrested the ground on which the order has been made and afford him the earliest opportunity of making representations against such an order The only exemption from thus relief are persons who a e (i) for the time being considered to be enemies of India (1) aliens or ( 11) are under preventi e detention Articles on Right to Equal ty al o guarantee freedom of trade 19 ·in streets of untouchability shall be an offence punishable by Jax Tlus single clause outlasing untouchability is more precious than all the nghts of equality guaranteed under the Constitution It puts an end to the most degrading of social inequalities that have vitiated Hindu society Such social customs and disabilities as enforced segregation of untouchables at rells schools and places of worship are declared illegal In fact the ban covers all forms of untouchability specified or unspecified Some of the prevalent social disabilities are removed and equality in public places is guaranteed to all It is provided that no citizen shall on grounds only of religion race sex place of birth or any of them be subject to any disability liability restriction or condition with regard to caste (a) access to shops public restaurants hotels and places of public entertainment or (b) the use of sells tanks bathing ghats roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public With the statutory equality of status accorded to untouchables a new chapter of social democracy opens in India This right to equality or equal protection of law against segregation on grounds of colour is still to be recogni ed even in some advanced countries Under the Indian Constitution however segregation on grounds of colour or caste in public places carriages and educational institutions constitutes an offence and a direct breach of the right to equality INDIVIDUAL LIBERTY Consistent with its democratic aims the new Constitution seeks to guarantee basic rights and freedom to all people in India Every citi en enjoys freedom of speech and expression the right to assemble peacefully ind without arms form associations or move freely throughout the territory of Indir nuside and settle in any part of it acquire hold and dispose of property and practise any profession or carry on any occupation trad bu iness unions or These rights hon ever can by no means be absolute nor are they so in practice The Constitution cnables the State to restrict these rights in the interist of public order decency morality and security of 18 ·grounds only of religion race caste or language Thus in addition to their own the minorities will have all the educational facilities available to the majority RIGHT TO PROPERTY The Indian Consutution prohibits expropriation of property by the State It stipulates compensation in the event of compulsory acquisition for public purposes It assures that no person shall be deprived of his property save by authority of law For compensation It provides that no property movable or immovable including interest in any company owning any industrial or commercial undertaking hall be taken possession of or acquired for public purposes under any law author ing the taking of such possession or such acquisition unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of compensation of specifies the principles on which and the manner in which the compensation is to be determined and given An additional safeguard prescribes that no State legislation for compulsory acquisition can be enforced unless It has received the assent of the President on th Parliament will be the sole judge on two matters propriety of the principle of acquisition, and the decision on com pensation Judicial review arises only if there is a fraud on the Constitution or when expropriation or the principle of compensation is illusory Such phrases as just compensation due process of law" Or adequate compensation are purposely avoided to eliminate embarrassing judicial review and unnecessary litigation, The Constitution however exempts from its jurisdiction certain pending legislation on the abolition of the zamındarı system Such teg slation will, horever be valid after it has received the Presidents assent. This distinction will prevent the sabotage of an essential Tetorm in land tenure by protracted litigation The Constitution also endows the State with the authority to make any law for the purpose of imposing or levying a tax or penalty for the promotion of public health or the prevention of danger to life or property Certain other laws including those dealing with evacuee properts are exempt from the jurisdiction of the courts 21 ·and commerce throughout the territory of India Traffic in human beings enforced labour and employment of children in factories mines and other harardous employment are prohibited RELIGIOUS FREEDOM True to the tradition of religious toleration and the catholicity of the Objectives Resolution India s nex Constitution guarantees reli gious freedom to all Subject only to public order morality health and other essential provisions all persons are entitled to freedom of conscience and the right to profess practise and propagate religion freely The right has been further guaranteed by the autonomy given to every religious denomination to manage its religious affairs and to own acquire and administer property for religious or charitable purposes The Sikhs have thus the right to wear and carry kripans But certain restrictions are imposed on religious freedom in order that religion may not be used as a political weapon or as a bulwark of social Teaction Accordingly no one will be compelled to pay taxes for the promotion and the maintenance of any particular religious denomina tion Nor is religious instruction or religious worship compulsory at institutions which are either recognized by the State or receive aıd from the State funds The Constitution taboos religious instruction as such in all educational institutions run and maintained by the State CULTURAL AND EDUCATIONAL RIGHTS The The new Constitution as one member of the Constituent Assembly put it opens a new era of the rights of the minorities It tends to safeguard the freedom of every minority to practise its own religion and to preserve its own culture language and script term minority is used in this connection in a wide sense to include even cultural minorities which exist in a particular locality The main idea as Dr Ambedkar explained was to see that if there was a cultural minority u hich wanted to preserve its own language and culture the State would not by law impose upon it any other culture which might be local or otherwise All minorities religious or linguistic have been given the right to establish and administer educational institu tions and the State is prohibited from discriminating against any such institution in granting and Further no citi en is denied admission to educational institutions maintained or aided by the State on 20

·THE
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·RIGHT TO CONSTITUTIONAL REMEDIES The provision on constitutional remedies as described by Dr Anbedkar is the heart and soul of the whole Constitution Rights have no meaning unless they are enforced and safeguarded by constitutional methods Every citi en has the right to move the Supreme Court for the enforcement of fundamental rights To this. end the Supreme Court is given general powers to safeguard these nights as well as the power to propose particular remedies such as whabeas corpus mandamus etc The inclusion of these writs in the Constitution guarantees the freedom of the individual At present they can be abolished at will by the legislature When the Constitution comes into force they will become part of the fundamental law and cannot be changed without amending the Constitution Parliament however is authorized to confer these powers on any court to exercise them within the local limits of its jurisdiction The right to con titutional remedies cannot be suspended save in a declared emergency Even then the suspension of rights need not necessarily extend to the whole of India the power of suspension unfettered The position under the Indian Constitution more or less corresponds to the practice in the United States Thus while the Central Legislature has the complete power the Executive Head of the State has only ad interim power to suspend the rights Moreover the rights are restored as soon as the emergency is over Nor is Parliament hou ever is authori ed to modify the fundamental rights in their application to the Armed Forces A public servant can also be indemnified for any act done in his official capacity under martial law It can further validate any sentence pissed or punishment inflicted during its operation Notwithstanding these limitations Parliament is authori ed to rass legislation to give effect to these rights and provide punishment for offences committed against it Lins and punishmunts in force at present with regard to the c matters will continue to be so until altered or repealed by Parliament The power to makc these laws and prescnbe punishment for offences is for the time being vested only in Parliament and not in the legislature of any State Dr Ambedkar explained is necessary to make the fundamental rights and punishment for their breach uniform throughout India This provision ·(1) organı ation of the village panchayats (2) uniform cu code for all citi ens (3) prohibition (4) organı ation of agriculture and animal husbandry (5) prohibition of slaughter of useful cattle especially milch and draught cattle and their young ones (6) protection preservation and maintenance of monuments and places and objects of national and historical importance and (7) septration of the judiciary from the executive Consistent with the high moral traditions of the country and its desire for world peace it is further affirmed that the foreign policy of India should promote national peace and security maintain just and honourable relations between nations foster respect for international law and treaty obligations and encourage the settlement of international disputes by arbitration, 23 ·This means one man one value although the Constitution does not prescribe any specific method to achieve this goal What it does direct however is that every government whether at the Centre or in the States should strive to bring about a democratic economic structure As Dr Ambedkar put it It enjoins that however adverse the circum stances may be the Government should alu żys endeavour to achieve this principle Among the economic rights and principles of social stcurity which the Constitution specifically requires the State to ensure for its people are (1) adequate means of livelihood (2) fair distrybution of sealth (3) equal pay for equal work (4) protection of child and adult labnur, employment, (6) free and compulsory cducation for children up to the age of fourteen (7) public assistance in the event of unemployment old age sickness disability and other cases of undeserved want (8) living wage (9) conditions of work assuring a decent standard of life full enjoyment of leisure and social and cultural oppor tunities and (10) raising the level of nutrition and improvement of health Special emphasis is laid on the promotion of educational and economic interests of the Scheduled Castes and Scheduled Tribes and other backward sections of the community The directives also incorporate other important subj cts which progressive opinion in this country has been asking for a long time Some of these are 24 ·dutocracy and d mocracy th Indian Union und r the non d mo cratic Constitution ymbol es the union of cquals and compatibles Redistribution of Units The authority to admit and establish new States as well as to alter the areas and boundaries or names of existing Stats is vested in Parliament the Central Legislature In this mattr the President will ascertain the views of th legislatur of cach of the States concerned Lan which contemplates a change in the boundari s of the Union will not be considered an amendment to the Constitu tion. This provision is intended to facilitate th creation of rational administrative units Federation The Indian Constitution has all the characteristics of afd ration It has for instance (1) a written constitution (2) a cl ar demarcation of pon ers between the States and the Centre and (3) thu existence of a competent and independent Supreme Court to settle disputes beta con the Centre and the constituent units The Constitution is federal in the sense that it establishes a dual polity with the Union at the Centre and the States at the periphery each endowed with sovereign poners to be exercised in the field assigned to them respectively by the Constitution The proposed union is not a League of States nor are the States the agencies of the Union deriving pon crs from it In this respect it conforms to the American Canadian and Australian patterns and differs from the unitary constitution of th Unit d Kingdom Special Features The Indian Federat on however diff rs from thi other for ations in many v tal respects In the USA there is dual citi enship each State has the right to grant its citi ens or residents a number of rights which it may deny or grant on more difficult terms to non rest dnts As opposed to this the Indian Constitution envisages a dual policy with on cit enship and no separate citi enship for the States Indians no mattr where they reside are all equal in the eyes of law The States in America have the right to make their own constitutions In India no such power is gi en to the units There is only one con stitution applicable to all and one constituent authority Article 238 is an exception and deals with some features peculiar to the princely states and the cond tions arising out of an agreement between them and the Government of India Escept in the transitional period the constitutional relationship of the states with the Centre and their Internal structure is on a par with the Provinces 27 ·Llunane INDIA NDIA also to be known as BHARAT has bun described in th Indian Constitution as a Union of Stats Thi namų impli s thu industructible nature of its unity No unit can thus sucede from the Union The country IS in int gral u hol its peoplu 1 single people living und - 1 single imperium d rid from 1 single source despite the aiff rent units or Stats into which it is disded for administratic conveni ncc Thu Stat s consist of tucnty sien units specifi d in parts A B und C of th First Schedul These Status include the Governors Provinc s th States Unions thu centrally administ red stat Chit Commis sioners Provinces and other Indian state Th multiplicity of units 111s 1 lugncy cf the British regime Bi i process of integri tion and union ation houet rhonoh n its has em rg d from a congerils of Indian states constitution and administration presented baffling van ti Somc of the c statt which at the time of the lipse of pramountcr pr s nt da potential threat to the units of the courts has either been morg dinto adjoining prorinces or have b n int grat d into compact units of the Indian Union Unlike the Indıın Fed ration of 1935 Act which propos da marnag b treen hou ·dutocracy and democracy th Indian Union und the new demo cratic Constitution symboli es the union of equals and compatibles Redustnbution of Units The authority to admit and establish now States as ! ll as to alter the areas and boundanes or names of existing States is vested in Parlament vi the Central Legislatur In this matter the President will ascertain the viens of th legislatur of cach of the States concerned Law which contemplates a change in the boundaries of the Union will not be consid red an amendment to the Constitu ton This provision is intended to facilitate the creation of rational administrative units Federation The Indian Constitution has all the characteristics of a federation It has for instance (1) a written constitution (2) a clear demarcation of powers between the States and the Centre and (3) the existence of a competent and indep nd nt Supreme Court to settle disputes b tacn the Centre and the constituent units The Constitution is f deral in the sense that it establish s a dual polity with th Union at the Centre and the States at the periphery each endon cd with sovereign powers to be exercised in the field assigned to them respectively by the Constitution The proposed union is not a League of States nor are the States the agencies of the Union deriving pow rs from it In this respect it conforms to the American Canadian and Australian patterns and differs from the unitary constitution of th United Kingdom Special Features The Indian Federation Tower differs from the other f der ations in many vital respects In the USA there is dual citi enship each State has the right to grant its citi ens or residents a number of rights u bich it may deny or grant on more difficult terms to non resi dents As opposed to this the Indian Constitution envisages a dual pol cy with one citi enship and no separate citi enship for the States Indians no matter where they reside are all equal in the eyes of law The States in Am rica have the r ght to make their own constitutions In India no such power is gi en to the units There is only one con stitution applicable to all and one constituent authority Article 238 is an exception and deals with some features peculiar to the princely states and the conditions arising out of an agreement between them and the Government of Ind a Ercept in the transitional period the constitutional relationship of the states with the Centre and their internal structure is on a par with the Provinces 27 ·In some federations the duality of polity involves a duality of legislature executivt judiciary and services This duplication tends to produce a diversity in lau administration and judiciary Somu diversity may be desirable to cope with local needs and circumstances but beyond a particular point it only causes confusion A modern consatution must provide for uniformity in all basic matters Legisla tive and administrative unity is envisaged by the Indian Constitution by means of (1) a single judiciary (2) uniformity in fundamental civil and criminal law and (3) common all India civil services The High Courts and the Supreme Court form a single integrated judiciary They have jurisdiction over cases arising under various laus constitutional cıvıl and criminal The Codes of Civil and Crimi nal Law are placed in the Concurrent List Uniformity is thus preserved without impairing the federal system Uniformity in ad ministration is ensured by placing members of all India services in key posts Besides the Constitution affords the Centre and the President ample scope for initiative in all matters of national importance Federal systems are generally rigid It becomes almost impossibly to change them The Indian Constitution however is unique in its federalism It is at once unitary and federal according to circumstances Normally it is meant to be federal but in an emergency it can assume a unitary character step further The Constitution has 7 Concurrent List of forty seven stums In this respect it follows the Australian example but goes 1 To hold the weakness of rigidity and legalısm inherent in a federal polity it vests Parliament with exclusive powers in as many Even in normal times the Centre s legislative as ninety seven items authority can be extended Tht comparatnely asy amending process adds further to its flexibility RELATIONS BETWEEN THE U VIOV AND THE STATES Legislatne Relations The Constitution distributes the items for legislation among the e lists (1) the Union List (2) the State List and (3) the Concurrent List The respective jurisdictions of the Union and the States and their mutual = lations are charly defined Measur s enict d by the Union under the Concurrent List halt sriority irr sp ctne of 28 ·corresponding Statc legislation Like Canada and unlike America the tesiduary power in India is rested in the Centre Except for the States mentioned in Part C normally th Centre cannot legislate on any matter included in the State List Parliament can honeser do so (1) if the Council of States recommends that such legislation is in national interest (2) if two or more States mutually agre that this should be donc and (3) to implement treaties or intet national conicntion Administratnc Relations The Constitution sceks to ensure harmony between the Union and the States The executive authority of the State must be so exerci cd that it ensures compliance with Union legislation and its administrative directions The Centre can also gre directions to a State regarding the construction and maintenance of th means of commun cation of national or military importance Thc Tresident with the consent of Parliament and the Government of a tate may confer powers or impose dutics on State officers in respect of matters normally out dc their jurisdiction In such case the Centre bears the cutra cost involved in the di charge of the c duties Co ord nation betu een States To achieve inter Statc co ordination the President is author cd to appoint an inter State Council The functions of the Council arc (a) to enquire into and advise upon disput s between States and (b) to devise means for promoting common interests of the Union and the States Financial Relations Before partition the revenue resources of the Provinces were limited The new Constitution seeks to remove this defect It lays down a broad scheme for distribution of resources bets een the Centre and the States But it leaves the task of detailed allocation to the Finance Commission to be set up by the President within two years Eme gen , Pouces Besides its many other onerous responsibilities the Union Govern ment has to (1) raise the standard of its administration and legislation ·In some federations the duality of polity involves a duality of legislature executive judiciary and services This duplication tends to produce a diversity in las administration and judiciary Somu diversity may be desirable to cope with local needs and circumstances but beyond a particular point it only causes confusion A modern constitution must provide for uniformity in all basic matters Legisla tive and administrative unity is envisaged by the Indian Constitution by means of (1) a single judiciary (2) uniformity in fundamental civil and criminal law and (3) common all India civil services The High Courts and the Supreme Court form a single integrated judiciary They have jurisdiction over cases arising under various laws constitutional civil and criminal The Codes of Cıvıl and Crımı nal Law are placed in the Concurrent List Uniformity is thus preserved without impairing the federal system Uniformity in ad ministration is ensured by placing memburs of all India services in key posts Besides the Constitution affords the Centre and the President ample scope for initiative in all matters of national importance Federal systems are generally rigid It becomes almost impossible to change them The Indian Constitution however is unique in its federalism It is at once unitary and federal according to circumstances Normally it is meant to be federal but in an emergency it can assume ? unitary character step further The Constitution has a Concurrent List of forty seven items In this respect it follows the Australian example but goes ? To zvoid the weakness of rigidity and legılısm inherent in a federal polity it vests Parliament with exclusive powers in as miny Even in normal times the Centre s legislative as ninety ser en items authority can be extended The comparati ly tasy zmending process adds further to its fl xibility RELATIONS BETWEEN THE UNIOVAND THE STATES Legislatne Relations The Constitution distributes the items for 1 gislation among thr c lists (1) the Union List (2) the State List and (3) the Concurrent List The respective jurisdictions of the Union and th States and their mutual relations are cluarly defined Union under th Concurrent List list priority irr sp ctise of 28 Measures enact d by thi ·corresponding State legi lation Like Canada and unlike America the tiduary power in India is vested in the Centre Except for the States mentioned in Part C normally the Centre cannot legislate on any matter included in the State List Parliament can hou ever do so (1) if the Council of States recommends that such legislation is in national interest (2) if tho or more States mutually agr e that this should be donc and (3) to implement treatics or inter national cons ntion Administratic Relations The Constitution ceks to ensure harmony betucen the Union and the States The executive authority of the State must be so cxerci cd that it ensures compliance with Union legislation and its administrative directions The Centre can also fine directions to a State regarding the construction and maintenanc of the means of communication of national or military importance Thc Fresident with the con cnt of Parliam nt and the Government of a ¢t te may confer poners or impose duties on State officers in respect of matters normally out.de their jurisdiction in such case the Cntre bears the citra cot involved in the discharge of the c duties Co-ord nation betu een States To achi e inter State co ordination thc Pre ident is authori ed to appoint an inter State Council The functions of the Council are (a) to enquire into and advise upon disputes betucen States and (b) to devise means for promoting common interests of the Union and the States F nancial Relations Before partition the revenue resources of the Provinces were limited The ne Constitution seeks to remove this defect It lays down a broad scheme for distribution of resources between the Centre and the States But it leaves the task of detailed allocation to the Finance Commission to be set up by the President within two years Emergen, Pouci Besides ts many other onerous responsibilities the Union Govern ment has to (1) raise the standard of its administration and legislation 29 ·in some federations the duality of polity involves a duality of legislature executivt judiciary and services This duplication tends to produce a diversity in lau administration and judiciary Some diversity may be desirable to cope with local needs and circumstances but beyond a particular point it only causes confusion A modern constitution must provide for uniformity in all basic matters Legisla tive and administrative unity is envisaged by the Indian Constitution by means of (1) a single judiciary (2) uniformity in fundamental civil and criminal law and (3) common all India civil services The High Courts and the Supreme Court form a single integrated judiciary They have jurisdiction over cases arising under various laws constitutional civil and criminal The Codes of Civil and Crımı nal Law are placed in the Concurrent List Uniformity is thus preserved without impairing the federal system Uniformity in ad ministration is ensured by placing members of all India services in key posts Besides the Constitution affords the Centre and the President ample scope for initiative in all matters of national importance Federal systems are generally rigid It becomes almost impossible to change them The Indian Constitution however is unique in its federalışm It is at once unitary and federal according to circumstances Normally it is meant to be federal but in an emergency it can assume a unitary character step further The Constitution has 7 Concurrent List of forty seven items In this respect It follows th Australian example but goes 1 To avoid th weakness of rigidity and legalism inherent in a federal polity it vests Parliament with exclusive powers in as many as ninety seven items Even in normal times the Centre s legislative authority can be extended The comparativ ly cysy amunding process adds further to its flexibility RELATIONS BETWEEV THE UNION AND THE STATES Legislatie Relations The Constitution distributes the items for 1 gislation among the lists (1) the Union List (2) the State List and (3) the Concurrent List The respective jurisdictions of the Union and the States and their mutual relations are clearly defined M asur s enact d by th Union under the Concurr nt List att priority ir sp ctive of 23 ·cott sponding Statel gislation Like Canada and unlike America thic texidualy poker in India is tested in the Centre Except for the States mentioned in Part C normally the Centre cannot legislate on any matter included in the Statı List Parliament can honever do so (1) if the Council of States recommends that such legislation in national interest (2) if two or more States mutually agree that this should be donc and (3) to implement treaties or inter national cont ntion Adm ni tratue Relations The Constitution ceks to ensure harmony between the Union and the States The executive authority of the State must be so exerci cd that it ensures compliance with Union legislation and its administratie directions The Centre can also give directions to a State regarding the construction and maintenance of the means of communication of national or military importance The Fr sident ith the con ent of Parlument and the Government of a t te may confer poners or impose duties on State officers in te poct of matters normally out ide their jurisdiction in such case th Centre bears the extra cost involied in the di charge of the c duties Co-ordination b tu een States To achie inter Statc co ordination thc Pre ident is authorized to appoint an inter State Council The functions of the Council arc (a) to enquire into and ad ise upon disputes between States and (b) to de se means for promoting common interests of the Union and the States Financ al Relat ons Before partit on the re enuc resources of the Provinces were limited The new Constitution seeks to remo e this defect It lays down a broad scheme for distribution of resources between the Centre and the States But it lea es the task of detailed allocation to the Finance Commission to be set up by the President within two years Emergen, Pour Besides its many other onerous responsibilties the Union Govern ment has to (1) raise the standard of its administration and legislation 29 ·in conformity with the Directives (11) plan and co ordinate the various social service functions and nation building activities of thu units and (11) guarantee equal enjoyment of the benefits of democracy by all citi cns Furthermore besides protecting every Statų against external aggression it has to safeguard internal security so that the Government of every State is carried on in accordance with thic provisions of this Constitution Thus in an cm rgency the Centre can issue any directic with respect to the crcrcise of its exccutic zuthority and its legi latii and crccutrc jurisdiction can bc uit nded to cover the entir fiuld of the State List The provisions for the distribution of ruscnucs betu Len the Union and the Status can also bu modified by I President By issuing 2 proclamation the Presidunt may also authori e thu Centre to assume cither partial or complete control of a State of the latter s administrative machinery breaks down The importance of emergency provisions need not be exaggerated In normal times these measures will remain a dead lutter Es n in an emergency Parliament can control the President in the crercise of his poners ·PARLIAMENTARY GOVERNMENT THE HE Indian Constitution provides for a parliamentary form of government Accordingly the executive is indi dually and collective ly responsible to the legislature in respect of all its functions decisions and actions The legislature controls the executive primarily through its legislative authority and control of the purse At general el ctions people are given an opportunity to elect a nen parliament. This system of government differs basically from that of the United States of America where the President is the real executive and the Cabinet only his shadow Under the Indian Constitu tion however the President occupies the same position as the Kng under the Engl sh Constitution He is the head of the State but not of the executive He represents the nation but does not rule the nation Hs place in the administration is that of a cere monial de ice on a seal by which the nation s decisions are made known ·ELECTION OF THE PRESIDENT The President will be indirectly elected by an electoral college Fonsisting of elected members of both Houşes of Parlụament and the Legislatures of the States The election will be by the method of proportional representation and single transferable vote The President being a nominal head direct election was considered unnecessary Moreover, it is difficult to provide surable electerai Machinery for all adult voters, In the presidential election the number of votes each clected member of the legislature of a particular State can cast will be ascer tained by a method which will be clear from the folloning example given in the Draft Constitution The population of Bombay is 20 849 840 Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (1e one member representing one lakh of the population) To obtain the number of votes which cach such elected member will be entitled to cast at the election of the President rehre first to divide 20 849 840 (which is the population) by 208 (which is the total number of elected members) and then to divide the quotient by 1000 In this case the quotient is 100 239 The number of votes which each such member will be entitled to cast would be 100 239/1000 fe 100 (disregarding the remainder 239 which is less than 500 In the case of an elected member of either House of Parliament le the Central Legislature he can cast as many votes as may be obtained by dividing the total number of votes to be cast by all the elected members of the legislatures of the States by the total number of the elected members of both thc Houses of Parliament QUALIFICATIONS The qualifications needed by a candidate for the office of President are that he should be (1) a citi en of India (2) over thirty five years of age and (3) eligible for election as a member of the House of the People A government servant hou ever is ineligible for the office of President 32 ·TERM OF OFFICE The term of the office of President is five years unless he resigns earler or is remo cd from office by impeachment The President is eligible for re election The President will have an official residence and dran a salary of Rs 10000 per month The salary cannot bu reduced during his term of office He is al o entitled to the same privileges and allowance as the Governor General before January 26 1950 PROTECTIO The august office of the President of the Indian Republic carnı s with at great dignity and legal privileges The President is not ansu er able to any court for the exercise of the powers and duties of his office except in case of impeachment No criminal proceedings can be instituted against him during his tenure of office nor any civil proceedings in which relief is claimed from him before two months written notice IMPEACHMET The Indian Constitution provides for impeachment of the President for the violation of the Constitution A motion to that effect may be initiated in either Hou e of Parliament but must be passed in the form of a resolution by a two third majority Fourteen days notice signed by a fourth of the total members of the House must be given in advance while th charges must be investigated by a House other than the one framing them If the resolution is passed the President is forthu ith removed from office POWERS The Constitution vests in the President all executive authority of the Union including the supreme command of the Defence Forces and the power to grant pardon and to remit punishment or to commute sentences in certain cases All important appointments will be made by him including those of governors diplomats judges of the Supreme and High Courts the Chairman and members of the 33 ·ELECTION OF THE PRESIDENT The President will be indirectly elected by an electoral college consisting of elected members of both Houses of Parlļamçnt and the Legislaçures of the States Thc clection will bư by the method of proportional representation and single transferable lote The Preudent being a nominal head direct election al considered unnecessary Moreover, it is difficult to provide suitable elefferal machinery for all adult vaters, In the presidential election the number of votes cach clected member of the legislature of a particular State can cast will be ascer tained by a method which will be clear from the following crample given in the Draft Constitution The population of Bombay is 20 849 840 Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (se one member representing one lihh of the population) To obtain the number of votes which ench such cluctud member will bu entitled to cast at the clection of the President we have first to divide 20 849 840 (which is the population) Lv 208 (which is the total number of elected members) and then to dividith quotient by 1 000 In this case the quotient is 100 239 The number of votes which each such member will be entitled to cast would be 100 239/1000 100 (disregarding the remainder 239 which is less than 500 ie votes 15 may In the case of an elected member of either House of Parliament le the Central Legislature he can cast is minv be obtained by dividing the total number of votus to be cast by all the elected members of the legislatures of the States by the total number of the elected members of both the Houses of Parliament QUALIFICATIONS The qualifications needed by a candidate for the office of President are that he should be (1) a citi en of India (2) ouer thirty five years of age and (3) eligible for clection 15 ? member of the House of the People A goycrnment servant houcier is ineligible for the office of President 32 ·TERM OF OFFICE The term of the office of Presid nt is five s ars unless he resigns earlier or is remo ed from office by impeachment The Pr sident is eligible for re election The President will have an official residence and draw a alary of Rs 10000 per month The salary cannot be reduced during his term of office He is also entitled to the same privileges and allowance as the Governor General before January 26 1920 PROTECTION The august office of the President of the Indian Republic carries with it great dignity and I gal privl ges The President is not answer able to any court for the exercise of the powers and duties of his office except in case of impeachment No criminal proceedins can be Instituted against him during his tenure of office nor any civil proceedings in thich relief is claimed from him before tno months written notice IMPEACHMET The Indian Constitution provides for impeachment of the President for the violation of the Constitution A motion to that effect may be initiated in either Hou e of Parliament but must be passed in the form of a re olution by a two-third majority Fourteen days notice igned by a fourth of the total members of the House must be given in adı ance whil the charges must be investigated by a House other than the one framing them If the resolution is passed the President is forthwith removed from office POWERS The Constitution vests in the President all executive authority of the Union including the supreme command of the Defence Forces and the power to grant pardon and to remit punishment or to commute sentences in certain cases All important appointments will be made by him including those of governors diplomats judges of the Supreme and High Courts the Chairman and members of the 33 ·ELECTION OF THE PRESIDENT The Přesident will be indirectly elected by an electoral college consisting of elected members of both Houses of Parliament and the Legislatures of the States The clection will be by the method of proportional representation and single transferable vote The Prendent being & nominal head direct election was considered unnecessary Moreover, 18 le difficult to provide suitable electoral Machinery for all adult voters, In the presidential election the number of votes each clected member of the legislature of a particular State can cast will be ascer tained by a method which will be clear from the following example given in the Draft Constitution The population of Bombay is 20 849 840 Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (z e one member representing one lakh of the population) To obtain the number of votes which each such elected member will be entitled to cast at the election of the President we have first to divide 20 849 840 (which is the population) by 208 (which is the total number of elected members) ind then to divide the quotient by 1000 In this case the quotient is 100 239 The number of votes hich each such member will be entitled to cast would be 100 239/1000 ie 100 (disregarding the remainder 239 which is less than 500 In the case of an elected member of either House of Parliament le the Central Legislature he con cast as many votes as may be obtained by dividing the total number of votts to be cast by all the elected members of the legislatures of the States by the total number of the clected members of both the Houses of Parliament QUALIFICATIONS The qualifications needed by 3 candidate for the office of President are that he should be (1) a citi cn of India (2) over thirty five years of age and (3) eligibl for ckction as a member of the House of the People A government servant horcier is ineligible for the office of President 32 ·TERM OF OFFICE The term of the office of President is five years unless he resigns earlier or is removed from offic by impeachment The President is eligible for re election The President will have an official residence and draw a alary of Rs 10000 per month The salary cannot be reduced during his t rm of office He is also entitled to the same privileges and allowances as the Governor General before January 26 1950 PROTECTION The august office of the President of the Indian Republic carries with it great dignity and legal privl ges The President is not answer able to any court for the exercise of the poners and duties of his office except in case of impeachment No criminal proceedings can be instituted against him during his tenure of office nor any cul proceedings in which relief is claimed from him before the months written notice IMPEACHMENT The Indian Constitution provides for impeachment of the President for the violation of the Constitution A motion to that effect may be initiated in either House of Parlament but must be passed in the form of a r solution by a two third majority Fourteen days notice signed by a fourth of the total members of the House must be given in advance hile the charges must be investigated by a House other than the one framing them If the resolution is passed the President is forthwith removed from office POWERS The Constitution ests in the President all executive authonty of the Union including the supreme command of the Defence Forces and the power to grant pardon and to remit punishment or to commute sentences in certain cases All important appointments will be made by him ncluding those of governors diplomats judges of the Supreme and High Courts the Chairman and members of the 33 ·ELECTION OF THE PRESIDENT The Preşident will bu indirectly elected by an electoral college consisting of elected members of both Houses of Parlļament and the Legislatures of the State The election will be by the method of proportional representation and single transferable The Prendent being a nominal head direct election was considered unnecessary Moreover, it is difficult to provide surable electoral machinery for all adult voters, ote In the presidential election the number of votes cach elected member of the legislature of a particular State can cast will be ascer tained by a method which will be clear from the following example given in the Draft Constitution The population of Bombay is 20 849 840 Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (1e one member representing one lakh of the population) To obtain the number of votes which each such elected member wll be entitled to cast at the election of the President we have first to divide 20 849 840 (which is the population) by 208 (u hich is the total number of elected members) and then to dividu thi quotient by 1000 In this case the quotient is 100 239 The number of votes which each such member will be entitled to cast would be 100 239/1000 100 (disregarding the remainder 239 which is less than ie 500 In the case of an elected member of either House of Parliament le the Central Legislature he can cast as many votes ? may be obtained by dividing the total number of votes to be cast by all the elected members of the legislatures of the States by the total number of the elected members of both the Houses of Parliament QUALIFICATION The qualifications needed by a candidate for the office of President are that he should be (1) a citi en of India (2) ouer thirty five years of age and (3) eligible for election 15 a member of the House of the People A government servant honeser is ineligible for the office of President 32 ·TERMOT OFFICE The term of the office of President is five years unless he resigns earlier or is removed from office by impeachment The President is eligible for re election The President will have an official residence and draw a alary of Rs 10000 per month The salary cannot be reduced during his term of office He is also cntitled to the same privileges and allowance as the Governor General before January 26 1950 PROTECTION The august office of the President of the Indian Republic carries with it great dignity and legal pri zlegs The President is not answer able to any court for th exercise of the poi crs and duties of his office except in case of impeachment No criminal proceedings can be instituted against him during his tenure of office nor any civil proceedings in thich r lief is claimed from him before tho months voitten notice IMPEACHMENT The Indian Constitution provides for impeachment of the President for the violation of the Constitution A motion to that effect may be nitiated in either House of Parliament but must be passed in the form of a resolution by a two third majority Fourteen days notice signed by a fourth of the total members of the House must be gi en in advance bule the charges must be investigated by a House other than the on framing them If the resolution is passed the President is forthwith remo ed from office POWERS cases The Constitution vests in the President all executive authority of the Un on including the supreme command of the Defence Forces and the pow I to grant pardon and to remit punishment or to commute sentences in certain All important appointments will be mad by hm ncluding those of governors diplomats judges of the Supreme and High Courts the Chairman and members of the 33 ·Union Public Service Commission the Attorney General of India and the Comptroller and Auditor General of India He will also appoint the Election and Finance Commissions and other com missions which will report on the administration of the scheduled areas and investigate the condition of socially and educationally backward classes He can The legislative authority of the President extends to issuing ordinances during the recess of Parliament He can make regulations for the peace and good government of the Scheduled Areas send bills to Parliament for reconsideration dissolve the House of the People convene joint sessions of both Houses and address or send messages to either or both of them No money can be granted unless recommended by the President nor can money bills bu introduced except on his recommendation EMERGENCY POWERS As in the case of the Weimar Constitution for Germany the Indian Constitution gives wide powers to the President in an emer gency It contemplates three types of emergencies and correspondingly three kinds of promulgation which the President can make Emergency caused by War or Internal Disturbances If a grave emergency exists which threatens the security of India or any part of her territory by reason of war or external aggression or internal disturbances the President may declare an emergency Some times this declaration may be made in anticipation of war or aggression or civil commotion The authority of the President horever is always subject to the authority of Parliament Such a proclamation must be made before each House of Parliament It will cease to bc valid at the end of two months unless otherwise decided by both Houses of Parliament Even so it can operate only for six months and may not be extended beyond three years In the event of an emergency the Centre can supersede the legislative pouers of the State The Presi dent can for a short period or for the whole period of the emergency suspend the right of the individual to move the courts to enforce fundamental rights At the same time the President has the right to modify the normal allocation of the country's revenue year resources for the financial 34 ·Failure of Constitut mil Machin ry in Stal s If the President is satisfi d on the basis of reports that th gou m ment of a State cannot be carried on in accordance with the provisions of the Constitution he can issue a proclamation to that effect He can then himself assume all the functions of the Government of the State including the pou ers of the Governor or the Rajpramukh He can empower Parliament to exerci c the powers of the State legislature He can suspend any part of the Constitution relating to any individual in the State Th only exception is that he cannot assume any of the powers ested in or exercisable by the High Court Nor can he suspend the operation of any provisions of the Constitution relating to that Court As regards legislative powers Parliament can del gat the power to make laws for the State to the President or any authority sp cified by him The President howe er cannot promulgate ordinances for the State when both the Houses of Parliament are in session If the House of the People is not in session expenditure from the Consoli dated Fund of the State can be authori ed by him pending action by Parliament F nancial Emergency If the President is satisfied that a situation has artsen wier by th financial stability or credit of India or any of its territories is threatened he can declare a financial emerg ncy In such an nt he can issue necessary directions including sugg stions for the reduction of salaries and allowances of public s rvants belonging to tl Union or the Stat s All money bills passed by the State legislatures are al o subject to the approval of the President The procedure and duration of emergencies in the last tuo ca es will be the same as in the case of the first declaration Although the President has all these formal powers it does not follow that he will exercise them in an arbitrary manner He is the titular head of the Republic The real head of the executive will be the Prime Minister and the Cabinet, that is the Council of Ministers will be the executive organ The Indian Constitution ensures the leadership and dominance of the Cabinet and leaves it to Parliament the courts and the people to keep a check on its action Although there is no specific provision that the President must act on the advice of Ministers the relationship between the 35 ·Union Public Service Commission the Attorney General of India and the Comptroller and Auditor General of India He will also appoint the Election and Finance Commissions and other com missions which will report on the administration of the scheduled areas and investigate the condition of socially and educationally backward classes The legislatne authority of the President ertends to issuing ordinances during the recess of Parliament He can make regulations for the peace and good government of the Scheduled Arcas Hc can send bills to Parliament for reconsideration dissoke the House of the People consene joint sessions of both Houses and address or send messages to either or both of them No money can be granted unless recommended by the President nor can money bills b introduced except on his recommendation EMERGENCY POWERS As in the case of the Weimar Constitution for Germany the Indian Constitution gives wide powers to the President in in emer gency It contemplates three types of emergencies and correspondingly three kinds of promulgation which the President can make Emergency caused by War or Internal Disturbances If a grave emergency exists which threatens the security of India or any part of her territory by reason of u ar or external aggression or internal disturbances the President may declare an emergency Some times this declaration may be made in anticipation of war or aggression or civil commotion The authority of the President hon ever is always subject to the authority of Parliament Such a proclamation must be made before each House of Parliament It will cease to bc vald at the end of two months unless otherwise decided by both Houses of Parliament Even so it can operate onls for six months and may not be extended beyond three years In the event of an emergency the Centre can superscde the legislative powers of the State The Presi d nt can for a short period or for the whole period of the emergency suspend the right of the individual to move the courts to enforce fundamental rights At the same time the President has the night to modify the normal allocation of the country's ftrenuc resources for the financial year 34 ·Failure of Constitutional Machin ry in Stats If the President is satisfied on the basis of reports that the gosern ment of a State cannot be carned on in accordance with the provisions of the Constitution he can issu a proclamation to that effect. He can then himself assume all the functions of the Government of the State including the poners of the Go ernor or the Rajpramukh He can empower Parliament to exercise the poners of the State legislature He can suspend any part of the Constitution rclating to any individual in the State The only exception is that he cannot assume any of the powers vested in or exercisabic by the High Court Nor can he suspend the operation of any provisions of the Constitution relating to that Court As regard legislative powers Parliament can delegate the pour to make laws for the State to the President or any authority specified by him The President honever cannot promulgate ordinances for the State when both the Houses of Parliament are in session If the House of the People is not in session expenditure from the Consoli dated Fund of the State can be authori ed by him pending action by Parliament F nancial Emergency If the President is satisfied that a situation has arisen uher by tle financial stability or credit of India or any of its territories is threatened he can declare a financial emerg ncy in such an cnr h can issu necessary direct ons including suggestions for the reduction of salaries and allowances of public servants belonging to th Union or the Stats All money bills pass d by the State legislatures are also subject to the approval of the President The procedure and duration of emergencies in the last tao cases will be the same as in the case of the first declaration Although the President has all these formal powers it does not follow that he will exercise them in an arbitrary manner He is the titular head of the Republic The real head of the executive will be the Prime Minister and the Cabinet, that is the Council of Ministers will be the executive organ The Indian Constitution ensures the leadership and dominance of the Cabinet and leaves it to Parliament the courts and the people to keep a check on its action Although there is no specific provision that the President must act on the advice of Ministers the relationship between the 35 ·President and the Council of Ministers will probably be governed by a convention In this matter the Indian Constitution will follow the British procedure THE VICE PRESIDENT The Constitution provides for a Vice President of India who is an ex officio Chairman of the Council of States In this respect his office corresponds to that of the Vice President of the USA If the President is ill if he resigns dies or is removed or for any reason absent the Vice President will officiate as President But unlike the American Vice President he does not automatically become the President for the rest of the term when the latter resigns or dies ELECTION The Vice President is elected at a joint meeting of both the Houses of Parliament according to proportional representation by a single transferable vote Any citizen of India aged thirty five years and qualified for membership of the Council of States is eligible for the office The Vice President may be removed from his office for incapacity or want of confidence COUNCIL OF MINISTERS According to the Constitution a Council of Ministers with the Prime Minister as its head will nd and advise the President in the exercise of his functions The leadership of the Prime Minister is explicitly recogni ed The Prime Minister will be appointed by the President while the other ministers will be appointed by the President on the advice f the Prime Minister The Prime Mir ister will be a link between the Cabinet and the President He will communicate to the President all decisions of the Cabinct and furnish him with all other information that he might like to have The ministers hold office during the pleasure of the President, but this provision is coupled with another which stipulates their collelective 36 ·responsibility to the House of the People This means that a minister sould be liable to removal on so grounds namely fant of confidence and impurity of administration The ministers are required to take oaths of office and secrecy and drar such salaries a were paid to them before January 26 1930 37 ·illet Nar Pulaulut O NE of the outstanding features of the Indian Constitution relates to adult franchise It lays down that the election of the House of the People shall be on the basis of adult suffrage that is to say every citizen who is not less than twenty one years of age and is not other wise disqualified under this Constitution or under any Act of Parlia ment on the ground of non residence unsoundness of mind crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections This provision is characterized by some as the fountain spring of democracy which entitles every adult in India male or female to a share in the Government step that u Dr Rajendra Prasad has observed We have provided for adult suffrage by which the Legislative Assemblies in the Provinces and the House of the People in the Centre will be clected It is a very big have taken It is big not only hectus our present I ctoratu is a v ry much small r el ctorate and based vers largely on prop rty qualification but it is also big because it ini oles tremendous nuinburs Our population nou is som thing lik 320 million of nor more and a have found from experi n gain d during th cnrolment of voters that has been going on in the Provinces that fifty per cent roughly s present the adult population And on that basis se shall ·ha e not 1 s than 160 million voters on our roll The work of organ ing cl ction by such sa t numb rs is of tremendous magni tude and th re is no other country h re lection on such a large scale bas yet been b ld The Legislativ Assemblies in th Provinces it is roughly calculated will have more than 3800 m mbers who will have to be elected in as many con titu ncies or p rhaps 7 for less Then there will be something lik 500 members cal Hou of the People and about 220 members for th Council of Stat We shall thus haic to pro ned for th cl ction of mor. than 3500 mcmb rs and the country will ha to bu di d d into sometlung lihe 4000 constitucncics or so I was th oth r day as a matter of amu ment calculating hat our el ctoral roll ill look like If you print forty names on a page of foolscap si es hall i quirc omething like t unty lakh of sh ets of foolscap sle to print all the nam s of the vot rs and if you combine the whol thing in on volume the thickness of the volume will be something the 200 yards That alone gi us some idea of the astness of the task and th oth in ol ed in final ing the rolls delimiting constituencie fiting polling stations and making other arrangements which will ha e to b done between non and the winter of 1950-51 when it is hoped the elections may be held The Constitution sweeps an ay all antiquated and undemocratic qualifications--property income status titles literacy ctc which under the Act of 1919 debarred ninty se en per cent and under the 1935 Act ninety per cent of the people of India from exercising their elementary right of citi enship the right of voting The Constitu tion removes the notorious system of communal clectorates which had broken up Indian society statutorily into communal compartments The citi ens in India will non ote 15 ndi iduals and not as Hindu Muslims or Christians Th rc ill be onc gen ral electoral roll for e ery territorial con tituency and no person will be incligible on grounds of religion race caste or сқ Parliament In the Indian Constitution the c ntral legislature is called Parlia ment It consists of the Pres dent and the tro Houses to be known respectively as the Council of Stat s and the House of the People The President is an integral part of Parliament All bills passed by the tho Houses must have his formal as ent and all acts will be enforced and promulgated by him 39 ·Council of Stat s Like other federal constitutions the Indian Constitution also envisages a bicameral system The Council of States as its name implies will include representatives from the States or the constituent units of the Indian Union It is a permanent body one third of its members retiring every second year Its maximum strength is 250 and corresponds to half of thư House of the People Out of these tnche members will be nominated by the President from among well known personalities in the realm of arts and letters science and social ervicc The rest will bı repre cntati s of the States According to the Fourth Schedule which relates to the allocation of cats to the States the States specified in Part A will have 145 representaties hile the State in Parts B and C fifts three and even respectively Elections for the Council of States will be indirect In other words the representatives of the Stat s specified in Parts A and B will not be elected dirtctly by the people Instead they will be clected by an electoral college consisting of elected members of the Legisla tive As embly of 1 Stat Elections will be by a system of propor tional representation ind single transferable votu According to this system 1 voter votes for only onc candidate but he may indicate the scquence of candidates for whom h rould like to have his voto considered By this arrangement he i rta onably a sured that his Votc will not be wasted As regards the States mentioned in Part C the Constitution luar s the method of cliction to be determined by Parliament House of the People The maximum strength of the House of th People is fixed at 500 members directly elected by the voters in the Stat s Provision has been made for the reservation of s ats for the Sch duled Castes and Scheduled Tribs Memburs of the Anglo Indian community can also bu nominated by the President to th Houst of th People Normally the lif of th Hous is fr ars unl ss it is dissolt d carlier During in cmergency its lif can be prolong d by a year at a time It cannot hokerer continue beyond a period of six months after the proclamation has ceased to operate CONSTITUENCIES For the purpo of election th States are to be di ided into territorial constituencics and th numlus of r prys ntatives to be ·allotted to each such constituency shall be so determined as to ensur that th re shall b not less than one representata for cu ty 750 000 of the population and not mor than one r presentative for ev ry 500 000 of t? population Th os rall condition is that th ratio betsoun th number of representatives allotted to a constitu ncy and its total population (as asc stained at th last pr c ding census) must be uniform throughout India Fair Elections To ensure fair elections an indep ndent El ction Commission will be appointed It will be responsibl for the pr parmion of clectoral rolls and th conduct of cl ction To that nd an indep ndent status 15 assured to the Chi f El ction Commission r Sessions Th Constitution stipulates that both th Hous s should meet at least twic every > ar and that not more than six months hould laps between th two session This cnsur s r gular (ssions of th 1 gislature The quorum prescrib d is ten per cent of the total member ship of the House All decisions will be carried by a majority of the members pres nt and voting The Sp aker is giv n only a Casting vote The presiding officers of the Upp - House ar call dth Chairman and the Deputy Chairman The corresponding officers of the Hou c of the Peoplar th Sp ak r ind ti Deputy Sp nker Qualf cations Th qualifications for a m mber of Parliam nt are that h should (1) be a citi en of India (2) be not 1 ss than thirty year of age in th case of the Council of States and not 1 ss than tu nty fiv in the case of the House of the Popl and (3) possess such other qual fications as may blaid don n by Parliament Disqual fications A person is disqualified trom being a member of Parliam nt if he (a) hold any office of profit under iny Government in India (b) is of unsound mind (c) oluntarily acquir s citi enship in a foreign sta and (d) i so dis qualified by or und r any law made by Parliam nt All d sputes concerning m mbership ar to b referred to the - 41 ·Council of Stat s Like other federal constitutions the Indian Constitution also envisages a bicameral sistem The Council of States as its name implies will include representatives from the Statts or the constituent units of the Indian Union It is a permanent body one third of its members retiring every second year Its marimum strength is 250 and corresponds to half of the House of the People Out of these tuckve members will be nominated by thy President from among well known personalities in the realm of arts and litters science and social crtice The te t will be repre entatives of the States According to the Fourth Schedule which relates to the allocation of cats to the States the States specified in Part A will have 145 representatives while the States in Parts B and C fifts three ind cien Itspectively Elections for the Council of States will be indirect In other words the representatics of the Status spccifi d in Parts A and B will not be elected directly by the people Instead they will be elected by an clectoral college consisting of clucted members of the Legisla tie As embly of a State Elections will be by 1 system of propor tional representation and single transferable vote According to this system a roter votes for only one candidat but he may indicate the sequence of candidates for whom he would like to have his otc considered By this arrangement he is tta onably a sured that his vote will not be wasted As regards the States mentioned in Part C the Constitution leaves the method of selection to bu determined by Parlament House of the People The maximum strength of the House of th People is fired 20 500 members directly clected by the voters in th States Provision has been made for the reservation of s ats for the Sch duled Castes and Scheduled Tribes Memburs of the Anglo Indian community can also bu nominated by the President to thi Hou of thi Peopl Normalls the lifc of the Hou 15 fi Tehr unless it is dissolied carlier During in cmergency its life can b prolong dis a year at a time It cannot hou ever continut b end 2 p riod of six months after the proclamation has ceased to operate CONSTITUEICIES For the purpose of election the States are to be divided into territorial constitucncies ind the numb r of suprus ntatives to be 10 ·allotted to cach such constitu ncy shall be so d termin d as to ensur that there shall b not l ss than one representati for ry 750 000 of the population and not mor than one r pr sentative for es ry 000 000 of th population The ou rall condition is that th ratio berueln th number of repr scntatives allotted to a constitu ncy and its total population (as ascertained at th last pr c ding census) mu e bu uniform throughout India Fair Elections To ensure fair el ctions an indep ndent El ction Commi sion will be appointed It will be respon ibl for the pr paration of electoral rolls and the conduct of el ctions To that and an indep ndent status 1s assured to th Clif Election Commision Ths Sessions Th Constitution stipulates that both th Hou os should meet at least twice every year and that not more than six months hould laps between the two sessions ensur s I gular ssions of th legi lature The quorum prescribed is ten pr cent of the total m mber ship of the House All decisions will b carri d by a majority of the members present and vo ing Th Sp aker is giv n only a Casting vote The presiding oftic rs of the Upp - House ar call d th Chairman and the D puty Chairman Th corr sponding officers of tie Hou e of the People at the Sp nk and tl D puty Sp ako Quahfications Th qualificat ons for memb rof Parliament are that h should (1) be a citi en of India (2) b not less than thirty year of age in tle case of the Council of Stats and not Is than tu nty fic in the case of the House of the P opl and (3) posses such other qualifications 15 n y blad d n by Parliament Dsqual fuations A person is disqualıfı d trom b ing a member of Parliament if he (a) holds any office of profit und r any Gov rnment in India (b) is of unsound mind a voluntarily acquires citi enship in a and (d) so d qualıfı d by or und 1 any las made by Parlament fore gn stat to b referred to the All li pute concern ng m mbership ar ·Council of Stats Like other federal constitutions the Indian Constitution also cnyisiges a bicameral sistem The Council of States as its name implies will include representaties from the States or the constituent units of the Indian Union It is a permanent body one third of its members retining every second year its maximum strength is 250 and corresponds to half of the Hou e of the People Out of these tuche members will be nominated by the President from among well known personalities in the realm of arts and letters science and social The rest will be repre intatives of the States According to the Fourth Schedule which relates to the allocation of seats to the States the States specified in Part A will have 145 representaties while the States in Parts B and C fifty three and stien tispectively ert icc Elections for the Council of States will be indirect In other words the representatives of the Stat s specificd in Parts A and B will not be elected directly by the people Instead they will be elected by an clectoral college consisting of cl cted members of the Legisla tive As embly of 2 State Elections will lc by 1 system of propor tional representation and single transturable vott According to this system a voter votes for only on candidate but he may indicate the scquence of candidates for whom he would like to have his votc considered By this arrangement he is reasonably assured that his votc will not be wasted As regards th States mentioned in Part C the Constitution leaves the method of selection to be determined by Parliament House of the People The maximum strength of the House of the People is fixed at 500 members directly elected by the voters in the States Provision has been made for the reservation of s ats for the Scheduled Castes and Scheduled Tribes Members of thự Anglo Indian community can also bu nominated by thu President to th House of the Peopl Normally the lıf of the Hou e is fi vtars unless it is dissols d Larlıer During an emergency its life can be prolonged by a year at a time It cannot houcier continue b yond a period of six months after the proclamation has ceased to operate COSTITUEVCIES For thư purpo e of election the States are to be disided into tcrritorial constituencies ind the numbus of presentatives to be 10 ·allotted to each such constitu ncy shall b sod termin d as to ensure that there shall b not less than one repr sentiti e for et ry 700 000 of the population and not more than one r prentative for es ry 500 000 of the population os tall condition is that the ratio between the numb r of repres ntatis s allotted to a constitu ncy and its total population (as ascertained at th last prec ding census) must b uniform throughout India Fair Elections To ensure fair elections an ind p ndent El ction Commision will b appointed It will b re pon ible for the preparation of clectoral rolls and the conduct of el ction To that and an ind r nd nt status 18 assured to the Chi f Election Commission TLS Sessions The Constitution stipulate that loth the Hou es should meet at least twic every year and that not more than six months hould elaps between the two ssion cnsur s r gular sions of th 1 gislature The quorum prescribed is ten pr cent of the total m mber ship of the Hou.e All decisions will be carri d by a majority of the members pres nt and o ing Th Speaker is g1 n only a c sting vote The pr siding offic rs of th Upp - House are called ti Chairman and the Deputy Clairman Th corr sponding officers of te Hou c of the People at the Spk rand th D puty Speaker Qualifications The qualifications for a m mb r of Parliam nt ar that h should (1) be a citi en of India (2) be not less than thirty year of age in t1 case of the Council of States and not 1 ss than tu nty five in the case of the House of the Peop! and (3) poss s such other qualifications as may bind d n hy Parlament Dsqua! f cations A person is di qualified trom being a member of Parliament if he (a) Tolds any office of profit under any Government in India (b) 15 of unsound mind (c) oluntarily acquires citi cnship in 1 foreign state and (d) 1 so disqualıfı d by or under any lau made by Parliament to be ref rred to the All disp tes conc rning m mb rship ar 41 ·Council of Sas Lac o he icicul contains 5 Ind. Construgon also с S-KL a bianca sus cm Coulo Sucs, i 700c yoles, will includ. In Se Tomthm Suns, or the conatuon uni. of th. Ind...n L702 I Lancrunch and one of mumbu anng CILT soond I. magnum 2.5 5 52, and conc.nonc o hulf of th Housh People Oor othesc tuli member will h 70m à no 5 Suad 7 from among wall kroun p-07 110nbImmowel as Sweco - soal Sunce The Trilh lunt o the S-cs According the Fourth Schedule, which relac Inw3020 CuSo the Suals. hc S.. es snied in Put will 145 enesc.rc. whal th Sate in Put Bnd cup und sunc nucecht ܕܝ or 8 sܕܝ ܪ ܫܝܕ ܟ 3 + ܟܨ רררר+ 7 Elcc207 Con In ober mod hc th aill an b clec ad d. al ho uh i ad una bc clcc cd hoc ctomni co!! CO251520 tamnohc Lec.si A5 mbls osa 27 tonal Inson od 21 nel whic According on this as SOL widum the mir nic the sequence o Cund ahoo my aus ht oh chu to congdrid Brth 27 cm 5. no b was mc2017 Jn PC he Concuruuon los th.ch he decomincd hope Parlumc. usܕ ܝܩ resܨ ܝܪܝ 7 Hoe of the Pmc The lo strength h H. mumbers dir rc 3hr ben mad to hear7 Suh duled Trih lomb db h Press n 7th Penn 1 tired. 57) in th Sacs P-Vision . Juled Castos a3 ummuz wlso bro ܝ ܝܟܐܐܢܗܟ 3 ais alta 21 s ry .ר ודיסר b 1 modo mont nu loomalls hi от ни li Duran a mc. I ano. hac orthodln. 107 h. u (OUT!! of lec07Sau che arriac 12 23 h ? he apres. Jres FO Ilniul co2ru. a 17 ·allotted to cach such constituency shall be so determined as to ensure that there shall b not 1 ss than one repr sentative for Li ry 750 000 of the population and not more than one r pres ntati e fore ry 500 000 of the population Oucrall condition is that the ratio bets en the numb r of representatives allotted to a constitu ncy and its total population (as ascertained at th last pr c ding census) mu bu umform throughout India Fair Elections To ensure fair elections an ind pend nt Election Commision will be appointed It will be respon ib! for th preparation of clectoral rolls and the conduct of elections To that end in ind p ndent status is a sured to the Cl1 f Election Commis on r Sessions The Constitution stipulates that loth th Hou os should meet at least twice ev as year and that not mor than six months should clap betu en tl Sions Thi ensur s regular Cssions of the legislature two The quorum prescribd is ten per cent of the total member ship of the House All decisions will be carried by a majority of the members present and oting Th Sp aher is given only a c sting vote Th presiding ofticers of th Uppr House arc call dth Chairman and the D puty Clairman The corresponding officers of Hou of th P ople ar the Sp ak r and ti D puty Sp aker t Qualifications The qualifications for a m mb r of Parliam nt are that he should (1) be a citi not India (2) be not less than thirty , ar of agt in tl case of th Council of States and not 1 ss than twenty five in the cas of the House of the Peopl and (3) poss ss such other qualifications is n ny b ful de nly Parliament Disqualif cations A person is disqualified trom being a member of Parliament if he (a) lolds any office of profit under any Government in India (b) is of unsound mind () oluntarily acquires citi enship in a foreign stat and (d) so ds jual fi d by or und r any law made by Parliam nt to b referred to the All disputes concerning amb riip ar ·Council of States Like other federal constitutions the Indian Constitution also cnvisages a bicameral system The Council of States as its name implies will include representatives from the States or the constituent units of the Indian Union It is a permanent bods one third of its members retiring every second sear Its maximum strength is 250 and corresponds to half of the Hou e of the People Out of these tuche members will be nominated by the President from among well known per onalities in the realm of arts and letters science and social The rest will be repre entatives of the States According to the Fourth Schedule which relates to the allocation of eats to the States chc States specified in Part A will have 145 representatives while the States in Parts B and C fifty three and seven respectively ervice Elections for the Council of States will be indirect In other words thc representaties of the Status specified in Parts A and B will not be elected directly by the people Instead they will be elected by an clectoral college consisting of elected member of the Legisla tive As embly of a State Elections will b by i system of propor tional repres ntation and single transferable vote According to this system a voter votes for only one candidate but he may indicate the scquence of candidates for whom h rould like to have his vote considered By this arrangement he is reasonably assured that his vote will not be wasted As regards the States mentioned in Part C the Constitution leaves the method of selection to be determined by Parliament House of the People The maximum strength of the House of the People is fixed at 500 members directly elected by the voters in the States Provision has been made for the reservation of s ats for the Scheduled Castes and Scheduled Tribes Members of the Anglo Indian community can also be nominated by th President to the Hou of the People Vormally the life of th Hous is fr cars unless it is dissolved carlier During an emergency its life can be prolonged by a year at a time It cannot houes et continu beyond a period of six months after the proclamation has ceased to operatt COSTITUISTES For the purpo e of election the States are to be divided into territorial constituencies and the numb of representatives to be ·4 allotted to each such constitucncy si alt be so determin das to ensur that there shall be not 1 ss than one representatic for et ry 750 000 of the population and not mor than one repres ntatic for s ry 500 000 of th population ov rall condition is that the ratio b tucen the number of repres ntati es allotted to a constitu ncy and its total population (as ascertained at th last prec ding c nsus) must hu uniform throughout India Far Elections To ensure fair el ctions an indep ndent El ction Commission will be appointed It will be respon ble for the pr paration of electoral colls and the conduct of elections To that end an independ nr status is assured to the Chi f El ction Commi ionur Sessions Th Constitution stipulates that both the Houses should mect at least twice every year and that not more than six month should lans beti een th tuo S ssions This en ur s regular SSIONS of th legislature The quorum prescribed is ten per cent of the total member ship of the House Au decisions will be carti d by a majority of th memb is present and o ing Th Sp aher is given only a C sting ote Th presiding offic rs of th Upper Hous ar called th Chairman and the D puty Chairman The corr sponding officers of th Hou e of the P ople ar the Sp k r nd tl D puty Speaker Qual fications Th qualifications for a memb r of Parliament are that h should (1) bencit en of India (2) be not less than thirty years of age in the case of th Council of St tes and not I ss than tw nty five in the case of the House of the Pop! and (3) poss ss such other qualifications as my blad don by P rlment Disqualificat ons A person s disqualfied from being a member of Parliam nt if he (a) holds any office of proft under any Government in India (b) 15 of unsound mind (c) oluntarily acquires citi enship in 1 fore gn stat und (d) so di qualified by or und r any law made by Parliament to b referred to the m mb rsl ip ar All disput s conc tin ·President for decision He is however required to act in these cases on the advice of the Election Commission Privileges The Constitution assurcs members freedom of speech in Parlia ment This freedom however is subject to the provisions of the Constitution and rules and standing orders of Parliament The legislators are also granted immunity from penal action for any speech made or vote given by them either before the House or any of its committees This relief also covers the publication of the proceedings of the House Until defind by Parliament other powers privileges and immunities of the members of the House are those of the House of Commons of the United Kingdom Legislatie Procedure Although there is a bicameral legislature at the Centre the Constitution safeguards the supremacy of the Loner House in all matters of legislation In financıl affairs its authority is final The detailed rules of procedure are to bu framed by cach House of Parliament The Constitution only lays donn broad outlines of procedure Among others it provides that bills other than the money bills can be introduced in either House The money bills must be initiated in the Loner Hou e Procedure regarding Ordinary Bills The non money bills must be passed by both Housus But in casc of a deadlock between the two Houses the President can summon them to meet at a joint sitting At such joint meetings decisions are taken by a majority of the total members of both the Houses present and voting A bill so adopted is deemed to have bu n pissed by both the Houses Procedure regarding Money Bills A money bill after its pissigt through the House of the People is sent to the Council of State which must I turn it with its recommenda tions within a fortnight The House of the People may accept or reject it. The bill as finally adopted by the House of the People is considered to have been adopted by both Hous s Annual Financial Statement Under the Constitution the President must put before both the Houses of Parliament a statement of the estimated receipt and expenditure of the Government of India This is called the Annual Financial Statement It shows the sums to be charged to the Consolidated Fund of India that is the central purse and the money 42 ·t quired to met oth crpcnditur The form t categors of cor nditure is non yotnl whil th latter is total! Finar 171 P o diure Parliam a has an opportunity to orci coli cti e control or r th financ s of th Go crnment of Indo? Votnll timate ?re tol subantt d directly to th Hou of the l opi Th Council of Stats does not com into ti pretur Th Hou of th 1 opl cun iss nt to fuse or I duc the grant All d minds for grants ar mad on ther comm ndations of th Pr sid nt After the d mind for grants follo sthe Appropriation Bill which scks to appropriat from the con olidar d Fund of India monics I quid to me t th grants made ly th Hou of all op! and the e penditure cing d to th Con olidat d Tund TH procedur adopt d follo s that of Gr at Britain Canıdı Au train and South Africa o amendment: p missibl if it in sor at the destiny tion of any grant or reduc sep nditurc charged to the Consolidated Fund It is further provided that all monies from the Consolidated Fund should be withdrawn in conformits i ith the provisions of the Appropriation Act The taxation propos ls ot ti Go ernment and other rel innt matters form th suby ct of Finance Bill Tic Finance Bill is initiated and introduced in the Hou c of th P opl on th 1 ommendation of the Pre ident Other Grants The House of the People is giv n the authority to make any grant in ad ance p nding compl tion of procedure This is known as vot s on 2ccount Ths pro cdur will enable the House to dote more time to discu sion of the budget It will no longer be nece sary for the House to vote on all demands for grants at the end of the financial y ar The Hou e of the People can also sanction Otes of crcdit and etcept onal grants The Constitution pro ides for the grant of supplementary additional or rcess grants and till th y are made by the Hou of the Peopl the Pr sident can make advances out of the Contingency Fund ·SAs The Executive T HE governmental machinery of the States mentioned in Part A of the First Schedule closely resembles that of the Union The executive authority is vested in the Governor He can exercise at either directly or through subordinate officers This honever does not prevent Parliament or the Legislature of the State from conferring functions on any authority The Governor is appointed by the President by warrant under his ou n hand and scal He holds office for five years unless he resigns carlier Only Indian citi ens who have attained the age of thirty free and are not members of the Central or State Legislature are eligible for appointment If a person is a member of any legislature at the time of appointment his seat will be deemed to have fallen vacant from the same time Besides free official residence the Governor of a State will drau a salary of Rs 5500 per month and such other allonances and privileges as were previously granted to the Governor of a Province ·Pouets The Go ernor appoints the Chief Minister and on his advice the other ministers He also appoints the Advocate Gen ril He can make rules for the administration of the Stat H has the power to grant pardon or suspend remit or commut sentences in certain cas He conven s or prorogues either Hou of th State Legislature dissolves the Legislative Assembly gives assent to a bill or reserves it for further consideration by the President He can send back a bill for reconsideration by the Legislature con municate messages to or address the Houses Like the President he is empowered to promul gate ordinances during the recess of th Legislature No money bill can be introduced in the House nor any demand for grant made except en his recommendation As at the Centre there will be a Council of Mini ters to aid and advise the Governor in the exerci e of his functions For the States also the Constitution contemplates the cabinet system But in order to furnish the Governor with all necessary information and enable him to exercise his authority more effectively as head of State the Chief Minister is directed (1) to submit to him all decisions of the Council of Ministers relating to administration and proposals for legislation (2) to supply such information relating to administration and proposals for legislation as the Governor may call for and (3) of the Governor so requires to submit for the consideration of the Council of Ministers any matter which has not been considered by the Council. The Constitution requires Bihar the Central Provinces and Berar and Onssa to have a minister in charge of tribal welfare Like the Lieutenant Governors in Canada and the Governors under the Government of India Act 1935 the Governors of the States under the new Constitution will ensure that the orders and directions of the Central Government are carried out by the governments of the States The President can also authori e the Governor of a State to act in any contingency not provided for in the Constitution The heads of States mentioned in Part B of the First Schedule are knon n as Rajpramukhs They were appointed in accordance with the agreements made between the States Unions and the Government of India The bead of the Jammu and Kashmir State only will be an ex ception. Their salaries also are fixed under these agreements Besides free official residence they are entitled to other allowances and privileges as may be determined by the President 45 ·The executive authority of these States is vested in the Rajpra mukh There is a Council of Ministers to aid and aduse him In th transitional period before the legislatures and cabincts are properly constituted the members of the Council of Ministers will be appointed by the Rajpramukhs As most of thes. States have so far had no responsible Government th ir transition to a ftpresentative form of Government cannot be quich The Consitution therefore provides that for ten years or such period as may be prescribed by Parliament the government of these States will function under the g ncral control of the Government of India They are directed to comply with instructions which the President may issue from time to time Failure on the part of State governments to comply with the direc tions of the President will be considered a breach of the Constitution In the case of the State of Jammu and Kashmir the jurisdiction of the Centre is limited to those matters in the Union and Concurrent Lists which in consultation with the Government of the State are declared by the President to conform to the terms of the Instrument of Accession It can also extend to such other matters in the Lists as may b mutually agreed to by the Government of the State and the Government of India The States specified in Part C are administered by the President through a Chief Commissoner or a Lieutenant Governor appointed by him These States can also be administered through the govern ment of a neighbouring State Parliament can provide for a Council of Adu ers or a Council of Ministers for these States It can also fram th ir con titutions powers and functions The Constitution cns 14 sth gradual intro duction of re ponsible government in the c Stats THE STATE LEGISLATURE Thc Like the Centrt the State Legislature will consist of the Gov rnor and the legislative chamb r or chambers of the Stat The Status of Madras Bombay Uttar Pradesh I unjab Wt B ngal and Bihar will have a bicameral legislature compri ing the Legislative Assembly and Legislata Council and th rst <t thic States a unicameral legislature called the Legi lative Assembly bicameral system has been adopted as an exp rimental met ur Parliament is honellt authori ed to aboli h the Legilan Council of 46 ·State or create it in another State of the Legislative Ass mbly of the State concerned passes a resolution to that effect The lin giving effect to this resolution will not be treated as an am ndment of th Constitution LEGISLATIVE ASSEMBLY The Legislati e Assembly of a State has a normal lif of five years unless dissolved earlier Like the Central As embly its duration can be extended in an emergency for a period not exce ding a year at a time It must however be dissolved within six months after the proclamation has ceased to operate The Legislative Assembly of a State will be elected on the basis of adult franchise The total number of its members will not be more than 500 and less than sixty The actual strength is to be determined on the ratio of one to every 75 000 of the population of the State The exceptions are the autonomous districts of Assam and the constituency comprising the cantonment and municipality of Shillong where the proportion cannot be maintained owing to its small population The population of a State will be ascertained on the basis of the figures published after the last census There will be no reservation of seats except for the Scheduled Tribes and Scheduled Castes The Governor can also nominate members of the Anglo Indian community to the As embly if he is convinced that the community needs representation or is not adequately represented The qualifications for a member of the Legislative Assembly are that he should (1) be a citizen of India (2) be not less than twenty fi e years of age and (3) possess such other qualifications as may be prescnbed by Parliament. LEGISLATIVE COUNCIL The Legislative Council of a State will comprise not less than forty members and not more than a fourth of the total membership of the Assembly of that State It has a diverse personnel Nearly a third of its members are to be elected by electorates consisting of members of municipalities d strict boards and such other local autho nities in the State as Parliament may specify About a twelfth will be elected by electorates comprising graduates of three years standing Another twelfth will be elected by teachers who have worked for at 47 ·The executie authority of these States is vested in the Rajpra muhh There is a Council of Ministers to ud and dusc him in the transitional period before the 1 gislature ind cabinets are properly constituted the members of the Council of Ministers will be appointed by the Rajpramukhs As most of the States have so far had no responsible Government th ir transition to 1 rt presentative form of Government cannot be quick The Consitution thereforų provides that for ten years or such period as may be prescribed by Parliament the government of thesu States will function under thu Suncral control of the Government of India They are directed to comply with instructions which the President may issu from time to time Failure on the part of State governments to comply with the direc tions of the President will be considered a breach of the Constitution In the case of the State of Jammu and Kashmir thu jurisdiction of the Centre is limited to tho e matters in the Union and Concurrent Lists which in consultation with the Government of the State are declared by the President to conform to the terms of the Instrument of Accession It can also extend to such other matters in the Lists as may b mutually agreed to by th Government of the State and the Government of India The State specified in Part C are administered by th Pr ident through a Chief Commissoner or a Licutenant Gou rnor appoint d by him These States can also be administ red thr uuh th govern ment of a nсighbouring State Parliament can provide for a Council of Ad i rs or a Council of Ministers for these States It can also frim thr ntitutions poncrs and functions The Constitution n IL S th tridual intro duction of ru ponsible government in this Stat THE STATE LEGISLATUPE t Like the Centri thu State Lebi hatur unit of th Gov rnor and the legislative chambr or chaml r of the Stat States of Madras Bombay Uttar Pradh Iunyal Bengal and Bihar will halt a bı amural legi latur ompri ing th Legislative Assembly and Legislata Council and th 1 tot the Status a unicameral legislature called the Log latus Asembly Th bicamcral system has been adopted as an ep rim ntal ma ure Parliament is honcver authori ud to abol h chu L gilti Council of 16 ·Moda Sujuvek Judiciary A well integrated competent and independent judiciary is the guardian of democracy it safeguards the nghts and liberties of the people In a federal structure it is also the custodian of the constitution For it is only through the judiciary that the powers of the different organs are kept under control Besides a directive the Indian Constitution has adopted special provisions to give the judiciary an independent status SUPREME COURT At the apex of the Indian judiciary stands the Supreme Court. Normally it will consist of a Chef Justice and seven other judges The Privy Council now ceases to be the highest tribunal of the land in the method of appointment the Indian Constitution follors It does not give absolute discretion to the execu tive as in Great Britain Nor does it imitate the American system a middle course ·least thrce years within the State in an educational institution not lower than a secondary school A third will be elected by members of the Legislative Assembly from among non members The remainder will be nominated by the Governor They will include persons who have special knowledge of or practical experience in literature science art co operative movement and social service The Legislative Council of a State is a permanent body with one third of its members retiring every second year The minimum age of a member of the Legislative Council is thirty years Other qualifications are the same as those of members of the Legislative Assembly The Constitution also envisages legislative bodies for States mentioned in Part C of the First Schedule Parliament may create a body nominated or partly elected to function as a legislature for these States ·SEAT The Supreme Court will normally sit at D lhi It may also meet at such other places as the Chief Justice may decide from time to time with the approval of the President JURISDICTION Under the new Constitution the Supreme Court has wider powers than the High Court in any federation of the world including the Supreme Court of America As a court of record it has all the powers of such a court including the power to punish for contempt of court It is both a final interpreter of the Constitution and a final court of civil appeal. In criminal matters it can grant special leave of appeal and is empowered with criminal appellate jurisdiction in certain specified cases ORIGINAL JURISDICTION The original jurisdiction of the Suprem Court relates to constitutional disputes arising either between a State and the Government of India or beta een States Disputes arising out of the provisions of treaties with Indian States are hones s outside this jurisdiction APPELLATE JURISDICTION The appellate jurisdiction of the Supreme Court is three fold constitutional civil and criminal In constitutional matters an appeal would anse if the High Court certifies that a case invokes a substantial question of law The Supreme Court however can itself grant sp cial leave if it is satisfied that the case does involve such an issue In civil cases an appeal would generally go to the Supreme Court of the High Court certifies that the amount of the claim involsed is not less than Rs 20000 In criminal matters the appellate jurisdiction comprises cases where a High Court has (1) on appeal reversed the order of acquittal of an accused person and sentenced him to death withdrawn from trial any case from any court subordinate to its authority and has in such trial conyicted the accused person and or (2) 51 ·in which the President appoints judges with the concurrence of the Senate Thus in the appointment of judges the Constitution stipulates adequate consultation with judicial authorities In the case of the appointment of the Chief Justice of India the President must consult such judges of the Supreme Court and High Courts as he may deem necessary On the other hand for the selection of the other judges of the Supreme Court he is required only to take the Chief Justice into confidence TENURE In order to attract the best legal talent in the country any judge of the High Court of at least five years standing or an advocate of a High Court with ten years practice or a distinguished jurist is eligible to become a judge of the Supreme Court Security of tenure is guaranteed to every judge He holds office till he is sixty five years old He can be removed on the ground of proied misbehaviour or incapa city The President can remove a judge only when an address has been presented against him by each House of Parliament To ensure impartiality and integrity of the judges the Constitu tion debars them from pleading or appearing before any court or judicial authority in India This procedure corresponds to the restrictions imposed on the future employment of members of the public service commissions The terms of service of judges include free accommodation for the Chief Justice and other judges who draw a monthly salary of Rs 5000 and Rs 4000 respectively Once appointed their privileges rights and allowances cannot be altered to their disadvantage If a sufficient number of competent judges are not forthcoming both ad hoc and retired judges may be appointed With the consent of the President the Chief Justice may appoint any eligible judge of the High Court for short periods Following the practice in the United States and the United Kingdom retired judges also can be recruited by the Chief Justice with the previous consent of the President They will not, however be deemed full fledged judges of the court although they will enjoy all jurisdictional powers and privileges The President can also appoint one of the judges of the Supreme Court as Acting Chief Justice in the absence of the Chief Justice 50 ·SEAT The Supreme Court a ili normally sit at Delhi It may also meet at such other places as the Chief Justice may decide from time to time with the approval of the President JURISDICTION Under the new Constitution the Supreme Court has #ider powers than the High Court in any federation of the world including the Supreme Court of America As a court of record it has all the poners of such a court including the pon er to punish for contempt of court It is both a final interpreter of the Constitution and a final court of civil appeal. In criminal matters it can grant special leave of appeal and is emponered with criminal appcllate jurisdiction in certain specified cases ORIGINAL JURISDICTION The original jurisdiction of the Supreme Court relates to constitutional disputes arısıng either betu een a State and the Government of India or between States Disputes arising out of the provisions of treaties with Indian States are however outside this jurisdiction APPELLATE JURISDICTION The appellate jurisdiction of the Supreme Court is three fold constitutional civil and criminal In constitutional matters an appeal would arise if the High Court certifies that a case invol es a substantial que tion of law The Supreme Court honever can itself grant special lea e if it is satisfied that the case does involve such an issue In cıvıl cases an appeal would generally go to the Supreme Court of the High Court certifies that the amount of the claun involved is not less than Rs 20000 In crinal matters the appellate jurisdiction comprises cases where a High Court has (1) on appeal resersed the order of acquittal of an accused person and sentenced him to death or (2) withdrann from trial any case from any court subordinate to its authority and has in such trial convicted the accused person and 51 ·in which the President appoints judges with the concurrence of the Senate Thus in the appointment of judges the Constitution stipulates adequate consultation with judicial authorities In the case of the appointment of the Chief Justice of India the President must consult such judges of the Supreme Court and High Courts as he may deem necessary On the other hand for the selection of the other judges of the Supreme Court he is required only to take the Chief Justice into confidence TENURE In order to attract the best legal talent in the country any judge of the High Court of at least five years standing or an advocate of a High Court with ten years practice or a distinguished jurist is eligible to become a judge of the Supreme Court Security of tenure is guaranteed to every judge He holds office till he is sitty five years old He can be removed on the ground of proved misbehaviour or incapa city The President can remove a judge only when an address has been presented against him by each House of Parliament To ensure impartiality and integrity of the judges the Constitu tion debars them from pleading or appearing before any court or judicial authority in India This procedure corresponds to the restrictions imposed on the future employment of members of the public service commissions The terms of service of judges include free accommodation for the Chief Justice and other judges who draw a monthly salary of Rs 5000 and Rs 4000 respectively Once appointed their privileges rights and allowances cannot be altered to their disadvantage With the consent If a sufficient numb r of competent judges are not forthcoming both ad hoc and retired judg s may be appointed of the President the Chief Justice may appoint any eligible judge of the High Court for short periods Following the practice in the United States and the United Kingdom retired judges also can be recruited by the Chief Justice with the previous consent of the President They will not however be deemed full fledged judges of thư court although they will enjoy all jurisdictional powers and privileges The President can also appoint one of the judges of the Supreme Court as Acting Chief Justice in the absence of the Chief Justice 50

·+
t tunt
Tkigth P1 dg
A
tth m ở ght in of th Co
mbly Augu+ 14 15 1947

·sentenced him to death or (3) certified that the case is fit for appeal to the Supreme Court The jurisdiction in criminal cases can be extended by Parliament subject to such conditions and limitations as may be specified by it. OTHER JURISDICTION It can The Supreme Court also inherits the jurisdiction and powers of the Federal Court with respect to matters not specified in the Consti tution It is given a vast revisory jurisdiction over all courts grint special leave of appeal against the judgment of any court or tribunal in the country except in relation to the Armed Forces Moreover its jurisdiction can be extended by Parliament in several other ways ADVISORY FUNCTIONS The Supreme Court has also certain advisory functions The President can refer to it any question of law or fact of public importance Under this jurisdiction even those disputes which invoke interpretation of treaties or agreements of former Indian states can be referred to it although the Court has no original jurisdiction over them PROCEDURE The Supreme Court will have powers to frame rules for regulating its practice and procedure subject to the approval of the President and provisions of law made by Parliament The Supreme Court will deliver all judgments in public with the concurrence of a majority of the judges present. But in case a judge differs from his colleagues he can deliver a dissenting judgment AUTHORITY BINDING ON ALL COURTS As the highest court of the country the lau declared by the Supreme Court will be binding on all courts in India Subject to the 52 ·fros.coms of any law to be made by Parlac ? the Sufiume Court is also given the power to revies its rudgment INDEPENDENCE OF THE SUPREME COURT In order to ensure the independence of the Supreme Court. th Chief Justice of India or such other judg or officer as he may direct, ufter the authority to cruit its staff and frame rules regarding fo.dicons of service To secure the same end the administratie errenses of the Supreme Court including salaries allowances and De.stons payable to its officers are charged to the Consolidated Fund of India and all fees and other incomes of the Court are deemed to be part of that fund HIGH COURTS The Constitution envisages one High Court for cach State The actual number of judges including the Chief Justice will be determined by the President. The appointment of the judges will be made by the President after consultation with the Chief Justice of India and the Governor of the State In the case of the appointment of a judge other than the Chief Justice the Chief Justice of the High Court concerned will be consulted A judge will ordinarily hold office till the age of sixty five The qualifications prescribed for the judge of a High Court are a little different from those of a judge of the Supreme Court Any citizen of India who has either held a judicial office for ten years or has been an advocate of a High Court for ten years is eligible for this office As regards the salaries and allowances the Chief Justice of a High Court will draw Rs 4000 and a judge Rs 3500 per month as well a such allowances as may be fixed by the President from time to time Like his colleagues in the Supreme Court his cmoluments and conditions of service cannot be changed to his disadvantage during his tenure of office The provisions regarding the appointments of the Acting Chief Justice and retired judges are similar to those applicable to the Supreme Court The provisions relating to the High Court are based on those of the Government of India Act of 1935 Subject to the provision of the Constitution and the provisions of any lan made by an appropriate 53

·dd
HE LORD MOUNTBATTEN Gov mno Gn 1 of Ind
the Const tuent A embly on Augu t 15 1947

·PUBLIC SERVICE COMMISSIOIS Recruitment to public services through a public scruce com Mission IS 11 recogni ed principle in democratic States As this principle has already b en put into practice the Constitution provides for a public service commission for th Union and one for each State But it also prtits two or more Stat s to have a joint public srvice commission prouded a r solution to that effect is passed by each Hous of the State legislature concern d In that cas Parliam nt will constirute by law a joint commission to s nie then eds of those Stat s Tl: States can also approach the Union Public Service Commission to act on their b half The main function of the Union and State public service commissions is to recommend candidates for appointment and to conduct etaminations for recruitment to th Central and State srvices The Union Public Service Commission will also assist if so required by two or more States in framing and operating schemes of joint recruitment for any services for which special qualifications are required As guardians of the services the public service commissions are to be consulted on 1 8 f Tu im ( ) llmt pot 1 tv d (b) (all a pu ary mat Id h 8 TV8 d vil if ct 8 pe mmt f Sr htfft th G P ty rim t peti They are also to be consulted in matters of claims by public servants relating to costs incurred by them in defending legal proceed ings Instituted against them as well as for the award of pensions in respect of injuries sustained during service under the Government Their advisory functions include such matters as may be referred to them by the President the Governor or Rajpramukh They will have nothing to do with posts reserved for members of the Sche duled Castes or Scheduled Tribes or any backnard class of Citiens in the Union or a Srate In addition the heads of the Union and States can also provide by regulation that it will not be necessary to consult the public service commission in certain matters in general or in any particular class of cases or in any particular Circumstance 55 ·legislature the High Courts in the States retain their present jurisdic tion and powers The limitations on their original jurisdiction over revenue and its collection are remorcd The High Courts are also given powers (1) to issue writs for the enforcement of fundamental rights (2) of superintendence over civil courts and tribunals in the State and (3) to take over cases from subordinate courts Only Parliament can take away or add to the arca of jurisdır tion of the High Court of a State The State Legislature is not competent to deal with the extra statal jurisdiction SUBORDINATE COURTS According to the Constitution the appointment posting and promotion of District Judges will be made by the Governor in consul tation with the High Court of the State The requisite qualifications for the post ure that a person should already have been in Union or State service or should have been an advocate or a pleader for at least seven years and should be recommended for appointment by the High Court Judges other than the District Judges will be appointed by the Governor in accordance with rulcs to be made by him after consultation with the State Public Service Commission and the High Court Control over district and other subordinate courts including the powers of posting and promotion of the judges is vested in the High Court PUBLIC SERVICES Services The standard and cfficiency of administration in any country depends ultimately on the calibre training and integrity of the public In providing the basic conditions of public service tenure of office rights emoluments privileges and the method of recruit ment the new Constitution therefore seeks to attract men of viston ability and honesty to man the administratne appiritus of Welfare State It guarantecs equality of opportunity although in exception has been made in the case of the Scheduled Classes and Scheduled Tribes for a hom subject to the maintenance of cffic ency in administration a certain percentage of scats and posts may be rescrved 51 ·PUBLIC SERVICE COMMISSIONS Recruitment to public sersio s through a public s ruice com mission is a well recogni ed principlin democranc States AS this principle has already been put into practice the Constitution provides for a public service commission for th Union and one for each State But it also permits two or more States to have a joint public service commission provided a resolution to that effect is pass d by each Hous of the Stat legislature concerned In that cas Parliam nt all constitut by law a joint commission tos ne then eds of those Stats Th States can also approach the Union Public S nice Commission to act on their b half The main function of the Union and State public service commissions is to recommend candidates for appointment and to conduct craminations for recruitment to the Central and State services The Union Public Snice Commission will also assist if so required by two or more States in framing and operating schems of joint recruitment for any services for which special qualifications arc required As guardians of the services the public service commissions are to be consulted on Itigt m thod f () 11 m tt ро tum 1 TY (b) th pr P pl be f 11 ud kg PP Pmt d bly ica dd ulppo tra tm serv t t Pti e d th dth a d traf f d d () all dscpl fid mm 1 rym tt th go ptt re St TV 8 D ratt th G P ty 3 t h ff They are also to be consulted in matters of claims by public Surants relating to costs incurred by them in defending legal proceed ings instituted against them as well as for the award of pensions in respect of injunes sustained during service under the Government Their advisory functions include such matters as may be referred to them by the President the Governor or Rajpramukh They will have nothing to do with posts reserved for members of the Sche duled Castes or Scheduled Tribes of any backnard class of titi ens in the Union of a State In addition the heads of th Union and States can also provide by regulation that it will not be necessary to consult the public service commission in certain matters in general or in any particular class of cases or in any particular Curcumstance 55 ·PERSONNEL The total number of members of the commission is not fired by the Constitution The exact strength and conditions of service are to be laid down by the respective heads of administration The conditions of service cannot however be revised to the disadvan tage of members after appointment As the function of the commission is to choose suitable personnel for the public services it is essential for the members to be men of experience The Constitution therefore provide that nearly half the members of every commission should have at least ten years administrative experience TERM OF OFFICE The term of office of a member of a public service commission is fired at six years or until he attains in the case of the Union Commission the age of sixty five and in the case of a State Com mission or a joint Commission the age of sixty REMOVAL OF MEMBERS The members of a public service commission are lable to be removed by the President on evidence of misbehaviour The principle followed in this case is based on the provisions of the Government of India Act 1935 for the removal of High Court and Federal Court judges Accordingly the Constitution provides for an enquiry by the Supreme Court on the basis of which the President will take action ELIGIBILITY FOR FURTHER EMPLOYMENT In order to ensure integrity and impartiality members of the commissions are ineligible for further employment under any Govern ment Another step taken to ensure the independence of the commissions is to charge their expenses including salaries allonances pensions etc to the Consolidated Funds In other word emoluments 56 ·of memb rs of the public service commissions arc declared non sotable and their tenure is not subject to the vicissitudes of political parties and favouritism Moreover regulations made by the President Governors of Rajpramukhs for their respective commissions are to be laid before each House of their legislatures To prevent interf rencc arth recommendations of the public service commis ions the Con stitution ordains that the public service commission shall present annual reports to the heads of governments covering the work done by them during the year The governments in their turn will place before each House of the legislature 1 copy of it together with a memorandum expliining the cases in which the advice of the commission was not accepted The ministries will thus be answerable for all deviations from the recommendations of the public service commissions In this wa recognition of merit will be assured COMPTROLLER AND AUDITOR GENERAL OF INDIA The Comptroller and Auditor General of India will keep a vigilant watch on the finances and accounts of the Union and the States He is appointed by the President and has the independent status of a judge He scrutini es the accounts and reports on all cases of misappropriation He will also ensure that the monies voted by the legislatures are spent under appropriate heads His annual reports iclat ing to the account of the Union and the States will be submitted to the heads of administration before they are laid before the legislatures 57 ·Condos The Indian Constitution envisages a democratic secular State It makes India the largest of the existing democracies and crentes an electorate which is estimated to be one twelfth of the world s entire population The new Constitution endeavours to translate into practice the noble concept of a co operatie commonn ealth - a blending of the balloc paper and economic democracy It includes the most elaborate declaration of humın rights so far framed by any State For the first time in the history of India the country has been India non territorially integrated and woven into one political texture becomes a nation The neu Constitution is a fl xible and workable constitution designed to suit all eventualities The federal strurture may function is a unitary system in the event of an emergency like ua This is based on a well recogni.ed principle that in an emergency it is the Centre hich commands the residurry loyalty of citi ens It alone can work for the general good of the country The over riding powers of the Centre hou ever are sometimes critici ed as being unfair to the units But this is an erroneous conception for the basic f ature of a federation is the distribution of authority between the Centre and the units In the Indian Constitution except in emerg ncies this

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·character will remain unimpair d and not e en courts can alt r it furdamentally Nor can Parliam nt change it p man ntly Mor o the or r nding pos is of th Cntre ar not m ant to be a normal fature of the Cons itution Th11 crpr ssly confined to emer gen 1 s Th y corr spond to the h av respon abilitis of the Centre Son thele s th Constitution ! only a mechanism How it good a Constititution ma be obser ed Dr Amb Jkar it 1 sur turn out bad b cause tho e who are call d to nork it happ n to be a bid lot The suce ss of a Constitution d ponds upon national chur ar th s int in which it op rated and th good ill of the pople uoch ing it. But th ultimate form and character of our Covernm nt vill also rest on our laus principl s con ntions and pe cedents more than anything els s nst of fairpla justice and equity displayed by political parti s and th actio and <alling co-op ration on th of the peopl of a nations Th Constitution is often described as the Charter of Indian Independ nice But no constitution by itself can b come the citad i independence If the parties place creed above country remarks Dr Ambedkar our Independence will be put in jeopardy a second time and probably lost for c er This eventuality we must resolutely guard against We must b determined to defend our Independence with the last drop of our blood

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·APPENDICES I Names of States as mentioned in the First Schedule PART A 1. As.am 2 Bihar 3 Bombay 4 Madhya Pradesh 5 Madras 6 Orissa 7 The Punjab & Uttar Pradesh West Bengal 9 PART B 1 Hyderabad 2. Jammu and Kashmir 3 Madhya Bharat 4 Mysore 5 Patiala and East Punjab States Union 6 Rajasthan 7 Saurashtra 8 Travancorc Cochin 9 Vindhya Pradesh PART C 1 Ajmer 2. Bhopal 3 Bilaspur 4 Coorg 5 Delhi 6 Himachal Pradesh 7 khutch 8 Manipur 9 Tripura 10'-Cooch Behar C och Bb h WB gal 61

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·APPENDICES I Names of States as mentioned in the First Schedule PART A 1 Assam 2 Bihar 3 Bombay 4 Madhya Pradesh 5 Madras 6 Orissa 7 The Punjab 8 Uttar Pradesh 9 West Bengal PART B 1 Hyderabad 2 Jammu and Kashmir 3 Madhya Bharat 4 Mysore 5 Patiala and East Punjab States Union 6 Rajasthan 7 Saurashtra 8 Travancorc Cochin 9 Vindhya Pradesh PART C 1 Ajmer 2 Bhopal 3 Bilaspur 4 Coorg 5 Delhi 6 Himachal Pradesh 7 Kutch 8. Manipur 9 Tripura Cooch Behar 10.-C. C och B. W m Rd WEB gal 61 ·PUBLIC SERVICES IN INDIA ALL INDIA SERVICES Without depriving the States of their right to form their own public services the Constitution provides for a few all India services recruited on an all India basis and members of these services will bu appointed to important posts in the Union The Indian Administra tive Service and the Indian Police Service are examples But similar services can be created by the decision of the Council of States supported by two thirds of the members present and voting if such a step is considered necessary in national interest RULES AND REGULATIONS Subject to its provisions the Constitution vests authority in the respective legislatures to regulate by lay the recruitment and the conditions of service of persons appointed to the public services Till such laws are cnacted the respectie heads of governments or persons so directed by them are permittted to make the necessary regulations TENURE OF OFFICE All public servants in India a hether provincial or central will hold office during the pleasure of the respective heads of their governments Contract jobs howcter are an exception to this rule compensation can be paid to such persons if they are required to vacate their posts either because such posts are abolished or for any reason other than misconduct In matters of dismissal or retrenchment the Constitution provides two fold safeguards to incumbents via (1) that no public servant will be dismissed or removed by an authority subordinate to that by uhich he was appointed (2) that no dismissal or reduction mall be cffected until he ·has been given a reasonable opportunity of defence against the action proposed to be taken in regard to him But these safeguards ar denied in the follo ving cas s (a) where dismissal or reduction takes place as a result of the conviction of a public servant on a criminal charge (b) where an authority empowered to dismiss or remove a person or reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that person an opportunity of stating his case (c) where the head of the Government concerned is satisfied that in the interest of the security of the State it is not expedient to give such an opportunity to that person GUARANTEE OF CERTAIN PRIVILEGES TO SECRETARY OF STATES SERVICES etc There is special provision in the Constitution which assures continuance of certain constitutional guarantees given to members of the former Secretary of States Services This provision covering the members of the Indian Civil Service Indian Medical Service Indian Police Service guarantees them as far as changed circumstances permit the old conditions of service including remunera tion leave pension etc which existed before the inauguration of the Constitution Tl is assurance is given in conformity to the pledge given by the leaders of the nation at the time of the transfer of power to the Ind an Union III OFFICIAL LANGUAGE OF THE UNION (1) The official language of the Union shall be Hindi in A ticle 343 Devanagar script Tle form of numerals to be used for the official purposes of the Un on shall be the international form of Indian numerals ·II PUBLIC SERVICES IN INDIA ALL INDIA SERVICES Without depriving the States of their nght to form their own public services the Constitution provides for a few all India services recruited on an all India basis and members of these services will be appointed to important posts in the Union The Indian Administra tive Service and the Indian Police Service are examples But similar services can be created by the decision of the Council of States supported by two thirds of the members present and voting of such a step is considered necessary in national interest RULES AND REGULATIONS Subject to its provisions the Constitution iusts authority in the respective legislatures to regulate by law the recruitment and the conditions of service of persons appointed to the public services Till such laws are cnacted the respective heads of governments or persons so directed by them are permittted to make the necessary regulations TENURE OF OFFICE All public servants in India whether provincial or central will hold office during the pleasure of the respective heads of their governments Contract jobs however are an erception to this rule compensation can be paid to such persons if they are required to vacate their posts either because such posts are abolished or for any reason other than misconduct In matters of dismissal or retrenchment the Constitution provides two fold safeguards to incumbents vi (1) that no public servant aill be dismissed or removed by an authority subordinate to that by which he appointed (2) that no dismissal or reduction puill be cffected until he was ·has been given a reasonabl opportunity of d f nce against th action propos d to b taken in t gard to him But these safeguards are d nied in the following cas s (a) where dismissal of duction takes place as a result of the conviction of a public servant on a criminal charg (b) where an authority empowered to dismiss or rcmovca person or reduce him in rank is satisfi d that for some Teason to be record d by that yuthority in writing it is not reasonably practicabito give that person an opportunity of stating his case (c) where the head of the Government concerned is satisfied that in the interest of the security of the Starc it is not expedient to give such an opportunity to that person GUARANTEE OF CERTAIN PRIVILEGES TO SECRETARY OF STATES SERVICES There is special provision in the Constitution which assures continuance of certain constitutional guarantees given to members of the former Secretary of States Services This provision covering the members of the Indian Civil Service Indian Medical Service Indian Police Service guarantees them as far as chang d circumstances permit the old conditions of ervice including remunera tion leave pension etc which existed belo e the inauguration of the Constitution This assurance is given in conformity to the pleds given by the leaders of the nation at the time of the transfer of poner to the Indian Union etc III OFFICIAL LANGUAGE OF THE UNION Article 343 Devanagari script (1) The off cual language of the Union shall be Hindi in The form of numerals to be used for the official purposes of the Union shall be the internat onal form of Indian numerals 63 ·II PUBLIC SERVICES IN INDIA ALL INDIA SERVICES Without depriving the States of their right to form their own public services the Constitution provides for a few all India services recruited on an all India basis and members of these services will be appointed to important posts in the Union The Indian Administra tive Service and the Indian Police Service are examples But similar services can be created by the decision of the Council of States supported by two thirds of the members present and voting of such step is considered necessary in national interest RULES AND REGULATIONS Subjcct to its provisions the Constitution iusts authority in the respective legislatures to regulate by lau the recruitment and the conditions of service of persons appointed to the public services Till such laws are enacted the respective heads of governments or persons so directed by them are permittted to make the necessary regulations TENURE OF OFFICE All public servants in India whether provincial or central will hold office during the pleasure of the respective heads of their governments Contract jobs however are an exception to this rule compensation can be paid to such persons if they are required to vacate their posts either because such posts are abolished or for any reason other than misconduct In matters of dismissal or retrenchment the Constitution provides two fold safeguards to incumbents vi. (1) that no public servant will be dismissed or removed by an authority subordinate to that by which he was appointed (2) that no dismissal or reduction pill be effected until he 62 ·has been given a reasonable opportunity of d fonce against the action proposed to be taken in r gard to him But these saf guards are demi d in the following cas s (a) where dismissal or r duction takes place as a result of th conviction of a public servint on 1 criminal charg (b) wh re an authority empon red to dismiss or rcmove a person or reduc him in tank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicabl to give that person an op portunity of stating his cas (c) where the head of the Gov rnment concerned is satisfied that in the interest of the security of the State it is not expedi nt to give such in opportunity to that prson GUARANTEE OF CERTAIN PRIVILEGES TO SECRETARY OF STATE S SERVICES There is special provision in the Constitution which assures Continuance of certain constitutional guarantees given to memb rs of the former Secretary of States Services This provision covering the members of the Indian Civil Service Indian Medical Service guarantees them as far as changed Elrcumstances permit the old conditions of service including remunera fion leave pension etc which existed before the inauguration of the Contatution This assurance is giien in conformity to the pledge Buven by the leaders of the nation at the time of the transfer of power Indian Police Service etc to the Indian Union III OFFICIAL LANGUAGE OF THE UNION Article Devanagari script 343 (1) The official language of the Union shall be Hindi in The form of numerals to be used for the official purposes of the Union skal be the international form of Indian numerals ·II PUBLIC SERVICES IN INDIA ALL INDIA SERVICES Without depriving the States of their right to form their own public services the Constitution provides for a fex all India services recruited on an all India basis and members of these services will be appointed to important posts in the Union The Indian Administra tive Service and the Indian Police Service are examples But similar services can be created by the decision of the Council of States supported by two thirds of the members present and voting of such step is considered necessary in national interest RULES AND REGULATIONS Subject to its provisions the Constitution csts authority in the respective legislatures to regulate by law the recrutment and the conditions of service of persons appointed to the public services Till such laws are enacted the respective heads of governments or persons so directed by them are permittted to make the necessary regulations TENURE OF OFFICE All public servants in India whether provincial or central will hold office dunng the pleasure of the respective heads of their governments Contract jobs however are an exception to this rule compensation can be paid to such persons if they are required to vacate their posts either because such posts are abolished or for any reason other than misconduct In matters of dismissal or retrenchment the Constitution provides two fold safeguards to incumbents vi (1) that no public servant will be dismissed or removed by an authority subordinate to that by which he appointed (2) that no dismissal or reduction ull be effected until he 62 tas ·not r aso ably practicablogi e this person an GUARANTEE OF CERTAI PRIVILEGES TO has been given a reaso able onnounce th action proposed to b maken in rent But these saf guards are denied in the follown (20 ICT S2 (a) hr di mi sul or r duction takes place as artura. COR I tio of 1 public servant on a crit aicha z (b) uhr an autl ority empowered to d... cry a prson or I duc him in rank is satis I cord d by that authony HTZI rea n to b Lortu it ot tating his cas (c) wherth had of the Government concern d as įtrst of the secunty of the S. 11 ttoo ut an opportunity to that person that in th UF STATE S SERVICES SECRETARY Thre S the Constitution which assles n citut onal guarantees given to members SE Cric th m cld ond toi rober the inauguration of the n confrmity to the pledze sp al pr 1 ion continuance of crtan of the form is cr tar of Stat the m mbers of th lnd 2 Indian Poli e Srl gurnt circumsta c tion lea Pn on t Ich T! 7 urn gi en by th 1 ad tt to th Ind an Un This pro 1s1on, coven...2 Indian Medical Service as far as charged ts i ce including remunera }mt ti of the tran fer of power Const tut on III OFFICIAL LANGUAGE OF THE UNION A cle 343 off wal I nguag (1) TI Un on 1 all be Hindi ott Devanagar scrit The form of um rals to be used for the official pur oses of it Union shall b th ternat onal form of Indian numerals 63 ·(2) Nota ithstanding anything in clause (1) for a period of fifteen years from the commencement of this Constitution the Engush language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commence ment Provided that the President may during the said period by order authorize the use of the Hindi language in addition to the English language and of the Devanagarı form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union (3) Notwithstanding anything in this article Parliament may by law provide for the use after the said period of fifteen years of (a) the English language or (b) the Devanagarı form of numerals for such purposes as may be specified in the law Directive for the Derelopment of the Hindi Language 351 It shall be the duty of the Union to promote the spread of the Hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interferng with its genius the form style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule and drawing wherever necessary or desirable for its vocabulary primarily on Sanskrit and secondarily on other languages IV IMPORTANT LANGUAGES OF INDIA 1 Assamese 2 Bengali 3 Gujarati 4 Hindi 5 Kannada 6 kashmiri 7 Malayalam 8 Marathi 9 Oriya 10 Punjabi 11 Sanskrit 12. Tamil 13 Telugu Urdu 64

·12 Constitutional Precedents (Third Series)
BIBLIOGRAPHY
1 The Government of India Act 1935 (As adapted by the Indian
(Provisional Constitution) Order 1947]
2 Documents Relating to the Statements by HM Government on
6th Decembr 1946 20th February 1947 and 3rd June 1947
Constituent Assembly of India 1947
3 Indian Independence Act 1947
4 India s Charter of Freedom Constituent Ass mbly of India 1947
5 Reports of Committees (First Series) 1917
6 Reports of Committees (Second Series) 1948
Constituent
7 Reports of the Linguistic Provinces Commission
Assembly of India 1948
8 North East Front er (Assam) Tribal and Excluded Areas Sub
Committee Volume I (Report) Constituent Assembly of India
9 Excluded and Partially Excluded Areas (other than Assam)
Sub Committee Report Volume II (Evidence) Part 1
Constituent Assembly
10 Con titutional Precedents (First Series)
of I dia 1916
Constitutional Precedents (Second Series) Constituent Assembly
of India 1946
Constituent Assembly
of India 1947
13
M nortes Sub-Committee Report 1949
14 Ind an States Finances Enquiry Committee Report 1949
65

·15
Statistical Hand Book No I Constituent Assembly of India
16
Statistical Hand Book No 2 Constituent Assembly of India
17
Debates of the Constituent Assembly
18 Report of the Drafting Committee February 21 1918
19 Report of the Drafting Committee November 3 19.49
20
The Constitution of India
56

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