Introduction Constituional Morality It means to abide by the subtantial moral entailment that the Constitution carries. It is evident in vaious well- established concepts such as the rule of law, social justice, due process of law, procedure established by law etc. Doctrine of Rule of Law implies that no person can be said to be above the law. even the functions and actions of the executive organ of the state shall be within the ambit of the law. Judicial Review It is a power of the judiciary to examine the constitutionality of legilative enactments and executive orders of boh the Central and State governments. Judicial Activism is a legal termm referring to Court ruling based on the political or personal factors of the judge, rather than current or exesting legislation. Constitution It is a legal Jocument containing the framework on which the principles or laws of a country are based. It describes the rights and duties of the citizens.The relationship of people with governments is decided by the Constitution. Significance of Constitution Constituion, being the Supreme Law of India, cnsures that no one is above the law and there is fairness n the gpvernance. Constitutional Law is concerned with the interpretation and implementation of the Constitution and its underlying principles. It covers implied principles of governancce and the judicial pronouncements, in additon to the Constitution.It was M.N. Roy who suggested the formation of constitution, a book of code and ethics that should define of conduct the procedures of governance.The Contitution of India was handwritten an Hindi and English by Prem Behari Narain Raizada. It look 2 years, 11 months, and 18 days to complete the final draft of the largest constitution in the world. The Constitution Assembly of 389 members drafted the Constitution. Our Constitution was adopted and enacted on 26, November, 1949. Whereas, it came into force on 26 January, 1950. In 1930, the date of January26 was chosen to announce Poorna Swaraj or complete freedom. This is the reason for selibrating 26 jan as repablic day. At the Central Library of thhe Parliament, three exclusive copies of the Indian Constitution are kept in special helium-filled cases. The Constitution came into force with a total expenditure of around Rs 64 lakh. Arond 2002 amendments were made in the first draft of the Constitution. Dr. Rajendra Prasad the first President of India was the first person to sign the Constitution. The 42 nd Amendment Act of 1976, is known as the "Mini Constitution" as it has brought the most imporant amendments to he Indian Constitution. The 42 nd Amendment changed the description of Indian from a "sovereign democratic republic" to a sovercegn, socialist, secular, democratic, republic "and also changed the words" unity of the nation" to "unity and integrity of the nation." The Government of India Act, 1935 served as the foundation for the Indian Constiution's fundamental design. At the time of its adoption, the Constitution cotained 395 Articles and 8 Schedules and was about 1,45,000 words long. After amendments the Constitution has a total of 470 Articles, grouped into 25 parts with 12 schedules and five appendices. Part III of the Constitution is described as the Magna Carta of Indian Constitution. 'Magna Carta' is the Charter of Rights issued by king John of England in 1215. This is the first written document relating to the Fundamental Rights of Citizens. U.S.A was the first country to codify their constitution. Dr. Bhimrao Ambedkar was elected Chairman of the Drafting Committe consisting of 7 member. B.N Rau was the Constitutional advisor. After considering the ideas of the several committees, the Drafing committeee made significant amendments to it and delivered the Draft Constitution o the president of the Constitunt Assembly of February 21, 1948. The Indian people were give 8 months to ddebate the document and offerr revisions The Constitution Assembly consisted of 292 members elected through the provincial Legislative Assemblies, 93 memberrs represented the Indian Princely States and 4 members represented the Chief Commissioner's Provinces. total membership ws to be 389. The Objectives Resolution was moved by pt. Jawaharlal Nehru on 13, December,1946. Historical Background The Government of India Act, 1858 ended the rule of East India Company. and replaced it with British Crown. This Act provided for a "Council of India" comprising of 15 members for assistance of the Secretary of State. The Act of 1858 also eliminated the "Court of Directors " and "Board of Control". Lord Canning become the first Viceroy of India. The Indian Council Act, 1861 prorided for creation of legislative council at Centre and in all prorinces. The executive and legislative council of Viceroy consisted of 6 permanent and 6 additional member. For Indian Council Act, 1892 introduced the system of indirect election to the Legislative Council i.e. through nomination. The Indian Council Act, 1909 is also known as Morley- Minto eforms. Lord Minto is famously known as the Father of Communal Electorate in India. This act provided for the direct election to the legislative council from 16 to 60 members. Satyendra Prasanna became the first Indian to become the first Indian to be a member of executive cauncil of the Viceroy. Initiation of Self- Government- The Government of India Act, 1919. It is also known as montaga- Chelmsford reforms. The system of bi-cameral legislature was adopted by establishing separate government at centre and Provincial level. It also extended voting rights to Indians for the first time. The Government of India Act, 1935 was used as a frmework for drafting the Constitution. Throgh this Act, Diarchy was restricted to Centra and 'Provincial autonomy' was adopted. The Government of India Act, 1935 established the Federal Court of India and Reserv Bank of India. The Indian Independence Act,1947 was passed by the British Parliament to divide British India into two separate dominions. This Act provided for cessation of British rule in India after 15th August, 1947 and declared India as independent state on 15th August, 1947. Dr. Rajendra Prasad was dected as the Chairman of the Constitution Assembly. Sources of Indian Constitution The Indian constitution is known as the "Bag of Borrowings" because the principles enshrined in it are taken from otherr Constitutions. United Kingdom -Parlimentary Government -Rula of Low -Legislative Procedure -Single Citizenship -Cabinet system -Prrerogative Writs -Parliamentary Privileges -Bicameralism Avstralia-Concrent list -Freedom of trade, commerce and intercourse. -Joint -setting of the two houses of Parliament. Canada -Federation with a strong centre -Vesting of residuary powers in the Centra. -Appointment of state Governors by Centra. -Advisory jurisdiction of the Supreme. Court. Ireland-Directive Principles of State Policy. -Nomination of Memberrs to Rajya Sabha. -Method of election of the President. Japan-Procedurre established by law. Russia (earlier USSR) -Fundamental duties -Ideas of justice (social, economic and political) in the Preamble. Germany -Suspension of Fundamental Right during emergency. South Africa -Procedure for amendment in the Indian Constitution. -Election of members of Rajya Sabha. France -Republic -I deals of liberty, equality and fraternity in the preamble. In the beginning Constitutionality - adherence to the priniciples of the Indian Constituion Constitutionalism - means supremacy of Constitutional law in India. Directive Principles of State Policy are indirectly enforcenment Protection Act, 1986, Wildlife Protection Act etc. Constitution is called a lively document because it is dynamic in nature. There are three organs of the government - Legislature (law making) Executive (for implementation of laws) The Self- Restraint or Mutual Restraint Theory means that no organ can encroach upon the right of other organs of the government. Harmonious Construction shuld be followed while resolving the conflicts between organs of the government. Political Sovereignity vests in the People of India Legal Sovereignity vests in the Constitution of India. InM. Nagraj v/s Union of India (2005)SC it was held that the Court is not Cound by the text of the Constitution rather by the spirit of the Constitution. Preamble The term "Premble" is derived from the word 'Pream bulus' which means introduction. In Re Bervberi case it was held that Preamble is not a part of the Constitution. Keshvananda Bharti case held that Preamble is the part of Indian Constiution .However it is not an operative part. In Minerva Mills case, it was affermed that Peamble to be considered as a provision of Constitution only for the purpose of amendments. Originally, Preamble consisted of 81 words. After the 42nd amendment in 1976. I.R. Coelho v/s State of Tamil Nadu (2007)SC The theory of checks and balances was reiterated to ensure that government dose not destray the essential democratic principles of governance. Basic structure consists of the core principles of the constitutiopn Which cannot be struck down or amended by the legislature. Salient Features of Indian Constitution Written Constitution- Our constitution is the world's most comprehenive constitution having codified Articles and Schedules, unlike UK which has an unwritten constitution. Drawn from various sources- Constitutiopns of 60 countrees were referred to while drafting the Indian Constitution. This is why it is called as a 'bag of borrowings'. Blend of Rigidity and Flexibility- It is a special illustration of how rigidity and flexibility may coexist. There is a proper procedure which has to be followeed to amend the provisions of Constitution. Federal System with unitary bias-We have bi-cameral legislature with Centre being more powerful. Our constitution is federal in from but uniary in spirit and quasi- federal. Parliamentary from of Government- The British Parliamentary System of Government has been chosen by the Indian Constitution. It is also known as Westminster model of governance. Rule of Law- This aniom states that men are not infallible and that people are governed by law not some powerful men. Integrated and Independent Judiciary- The Indian judicial system is etablished at district, state and national level. It is independent of any influence from other organs of the government. Universal Adult Franchise- Any person who is 18 years old or older, has the right to vote regardless of caste, sex, colour, religion or status. Single Citizenship- In Indian every Indian is a citizen of India, irrespective of the place of his her resience or place of birth. Three-tier Government- 73rd and 74th Amendment Acts (1992) have added a theid-tier of government i.e. Local Government. Which is not found in any other constitution of the world. Article 1: Name and Territory of the union-Constitution recogmses India as Bharat and it consists of Unionof states. The Indian territiories as sepecified under schedule 1. Article 2:Admission or establishment of new statesPower to form a new state is vested with the Parliament and it deemsfit. Article 3: Formation of new States and alteration of areas, boundaries or names of existing states. Parliament has the power to form a new state, incrcase the are dimolish the area of a state and alter the area of state -THe most recently formed state is Telangana (in 2014). Laws made under Article 2 and 3 to provide for the amendment of the auth schedule and supplemenal, incidental and coqverd mater. amendment made under Article 2 and 3 will be deemed to be an amendments of article 2 and 3 must also be carried in schedule 1 and 4 which provide for list of states and allocations of seats in cauncil of seats respectively. Article 5- Citizenship at the commencement of the Constitution Any person who was domicile and was born in India or either of his parents were born in India or who has resided in India for 5 years preceding the commencement will be deemed citizen of India. Article -6 Rights of citizenship of certain persons who have migrated to India from pakistan Migrated person to India must prove that either his parents or grandparents were born in India .Any person coming prior to 19th July, 1948 will be citizen if he originolly resided thereafter in India. Any person migating after 19th July, 1948 had to register themselnes with the officer appointed by Government. Termination of citizenship Arlicle 7 says that a person will cease to be a citizen of India if he migratedto Pakistan after 1st March, 1947. This rule did not apply to person who has returned to India under a permit of resettlement. Rights ofcitizenship of certain persons of Indian origin residing outside India.Article 8 provides that any person whose cither of the parents or grand- parents was born in India, and the person is odinarily residing in any other country sahll be deemed to be citzen of India by Diplomatic or Consular Representatives of India in tha country. Article 9 provides that if a person voluntarily State, he shall not be able to claim citizenship under Article 5, 6 or 8. Article 11 of the Constitution is an enabling provision. It gives the power to the Parliament to make any provision with respect to acquisition or termination of citizenship and otherr matterrs related to citizenship. Parliament has enacted Citizenship Amendment Act, 1955 in pussecace of the power conferred under Article 11. Citizenship (Amendment ) At, 2019 provides that the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan. Bangladesh and Pakistan who entered India on or before December 31 2014 will not be treated as illegal migrants. In State Trading Corporation v/s Commercial Tax officer, 1963, the Supreme Court held that a companny is not a citizen of India and therefore, cannot claim Fundamental Rights Whic have been conferred upon its citizens. In R.C. Coopper v. Union of India, 1970 the Supreme Court held that if the State's action impairs the right of shareholders as well as that of company, the shareholders will be entitled to protection under Article19. In D.C. & G.M. v/s Union of India, 1983 the Supreme Court held that writ petition filed by the companny for vidation of fundamental rights under Article 19 is maintainable. Part-III - Fundamental rights According to Article 12, the term 'State' includes the following: - The Government and Parliment of India i.e. Executive and Legiture of the Union. -The Government and Legislature of each state i.e. Executive and Legislature of States.-All local or other authoriies within the territory of India.-All Locak or other authorities under the control of Government of India. In Sukhdey Singh v. Bhagatram, the Supreme Court help that if the function of the Corporation are of public importance and closely related to government functions then it should be treated as agency or instrumentality of government. In R.D. Shetty v. The International Airport Authority of India, 1979 the Supreme Court developed a general proposition that an 'instrumcntality' or 'agency' of the state can be regaeded as 'other authority' within the meaning of Article 12. The Court also loid down the teswt to determine whether a body is an agency or instrumentality of the State. In Riju prasad Sharma v. State of Assam (2015), Supreme Couert reiterated that court while acting on judicial side are not 'State' under Article 12 of the Constitution. When the Court's act is purely adminisrative then they may attract writ jurisdiction against their administrative actions. Article 13 not only declares pre- constitutional law as void upto the extent of inconsistincy with the fundamental right, it also prohibits the State from making laws which either take away or abridge fundamental rghts. In Keshav Madhav Menon v/s Stae of Bombay.(1951) Supreme court observed that pre-constitutional law are prospectively void and not 'void ab initio' if hey contravence part III. Doctrine of Judicial Review originated in USA. In Marbury v/s Madison, the U.S Supreme court help that it had the power of judicial review and it can review the contitutionality of the Acts passed by the Congress. Judicial Reviw in India Supreme Court in State of West Bengal v/s Committee for Protection of Democratic right,West Bengal, 2010 held that the power of judicial review is vested in Supreme Court and Hight Courts in under Article 32 and 226 respectiively. Constitutional amendments u/a 368 are not induded in the word law, under Article 13. Article 13(2) does not put any kind of restrection on the Parliament's power to amend the Fundamental Rights under Article 368 but Parliament cannot amend the basic structure of the Constitution. The doctrine of Eclipse is based upon a principle that the law which contravenes Fundamental right is not void ab initio. It is overshadowed by Fundamental Right and remains in a morbid condtion and is unenforceable. In Sagir Ahmed v. state of Uttar Pradssh ,1954 the Supreme Court held that the doctrine of eclipse is only applicable to pre- constitutional laws and not to post- constitutional laws. Later, in Dulare Lodh v/s IIIrd Additional District Judge, Kanpur (1984)Supreme Court applied the doctrine of eclipse in post - constiutional law against citizens. Doctrine of Severability means that if the offending provision can be separated from what is constitutional then only the part of the law which is in the contravention will be declared void. The Supreme Court elabrately discussed the doctrine of seveability in R.M>D>C> v/s union of India 1957, and held that when after removing the invalid protion what remains is a complete code then there is no necessity to declare the whole Act void. The Apex Court in Romesh Thapar v/s State of Madras (1950) held tha where the law authorizes restrictioons on Fundamenal Rights which is wide enough to cover estriction both wthin and without the limits provided by the Constitution and it is not possible to separate the two then the whole law is to be struck down. Doctrine of presumption of constitutionality It means that while interpreting the statute, such interpretation must be accorded which saves the constitutionality of the statute. No person can waine or abadom inn Fundamental Righs. The doctrine of waiver has no application on part III of the Constitution. Right to Equality (Article 14-18) Article 14 provides that the satte shall not deny person equality before the law or the equal protection of law within the territory of India. In Indira Nehru Gandhi v. Raj Narayan (1975) Supreme Court held that Rule of Law embodied in Article 14 of the Constitution and it cannot be destroyed by the amendment of the Constitution. M. Nagraj v/s Union of India (2006)- It was held that 'equality' is the essence of democracy and hence it is the basic structure of the Constitution. According to Dicey, the expression 'equality before law' is a negative cncept and impleis absence of any special pricilege in favocer of individuals. The expression 'equal' protection of lawsis a poitive concept implying equality of treatement in equal circumstances. Equality before law evisages hat the law should be qual among equals and should be equally administered i.e. 'like should be treated alike'. Article 14 permits reasonable classification for facilitation of equal opportunities to person falling in same category. R.K. Garg v/s Union of India (1981)-The Supreme Cout held tha Article 14 forbids class legislation but it does not prohibit reasonabl classification. For the classification to be reasonable, following two conditions must be satisfied i) the classification must be based on an intelligible differentia which distingwhes person or things that re grouped together from other left out of the group. ii) The differentia must have a ratinal relation tothe object sought to be achieved For purpose of reasonable classification a single individual may be treated as a class. In Maneka Gandhe v. Union of India (1978) the Apex Court reiterated that Article 14 strikes at the arbitrariness in State action and ensures fairness and equality of treatment. The Supeme Court also held that the principles of natural justice are protected under Article 14. Wednesbury Principle was developed inn Associated Provincial Picture House Ltd v/s Wednesbury Corporation. When the statute does not make a classification but confers the powers on the executive to take a decision by making principle is used to determine whither the use of discetion by executive is reasonable or not. Article 15(1) Prohibits the State from disciminating citizens on the grounds of religion, ace, caste, sex place of birth or any of them. Supreme Court in Valsamma Paul v. Cochin University (1996) held that Article 15(1) prohibit discrimination on the ground of religion or caste identities so as to foster nationall identity which preserves Indian culture. Article 15(2) declares that no citizen shall be subjected to any disability restriction or condition on the grounds of religion, race, caste , place of birth or any of them with regard to access of shops, hpoels etc and all place of public resort. Article 15(3) provides that nothing in Article 15 shall prevent the state from making any special provision for women and children. Article 15(4) cnable the state to make special provisiona for protection of interest of backward classes of citizens. It was added by Constitution ( First Amendment ) Act, 1951. India Sawhney v/s Union of India (1993) Supreme Court held that reservations in educational institutions and other walks of life can also be privided under Article (15(4). Article 15(5) was inserted by Constitution (93rd Amendment ) Act, 2005. It enables the state to make special provisions for advancement of socially and educationally backward classes of citizens including Scheduled Caste and Scheduled Tribes for admissions in educational institutions including private educational institutions Article 15(6) provides that provisions for reservations in educational institutions including private educational institiutions will be in addition to the existing reservations and maximum of 10% of the total seats in each category. Article 16(1) provides for equality of opportunity for all citizens in matters of employment or appointment to any post under the state. Article 16(2) prohibits discrimination and assures effective enforcement of fundamental rights guaranted under Article 16(1). Article 16( 3) enables the State to make law, with respect o any class of employment or appointment under State, Union Territory or Local authorities, prescribing requirements as to residence withn that state or Union Territory Mandal Commission was appinted by the government in 1979 under Article 340 of the Constitution. The commission recommended that 27% of the government jobs should be reserved so that total reservation for SCs, STs and OBCs amounts to 50% Indira Sawhney case mandated that 50% limit on reservation will apply to crent as well as backlog vacanies. Vertical Reservations - the reservations in favour of SCs, STs and OBCs under Article 16(4). Horizontal Reservation refers to the equal opportunity provided to other categaries of beneficiaries such as women, veterans the transgender community and individuals with disabilities, cutting through vertical categories. The concept of 'Equal pay for Equal work' is enshined under Article 16. Article 17 abolishes 'untouchability' and forbids its pracice in any from .The enfor. Article 18 abolishes tittes and prohibits the state from conferring any titte except a military or academic distinction. It prohibits a citizen of India from accepting any titte from any foreign state. 147-A A wards sch Bharat Ratna etc. do not come under this Article. Article 19 guarantees to all citizens the six rights regarding frrecdom of speech and expression etc. Originalyy, Article 19 contained seven rights. But the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978. The State can impose 'reasnable' restrictions on the enjoyment of these six rights only on the Article 19 itself and not on any other grounds. When the validity of a law placing restrictionon the exercie of a fundamental right in Article (19) (1) (g) is challenged. the onus of proving o the sates faction of the court that the restriction is reasonable lies upon the state. Municipal Corporation v/s Jan Mohammad Usmanbhai,1986. Telephone tapping will be violative of Article 19 (1) (a) undess it comes within the grounds of reasonable restrictions under Article 19(2). In 2004, the Supreme court held that hoisting the national flag is also a from of fredom of expression. Naveen Jindal v/s Union of India Right to Information is a fundamental right under Article 19's ambit. The right to speech also includes the right not to speak. Benett Coleman and co. v/s Union of India (1973)- the validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Supreme court of India holding it violative of Article 19 (1) (a) and not to be reasonable restrction under Article 19(2). Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company pr corporation. It Provides for ex- post facto laaw, double jeopardy and protection against self- incrimination. A person accued of any offence would be presumed to be innocent unless proven guilty. The burden of proving the accused guilty, lies on the prosecution. The accused is not needed to make any statement against his own will. Lex prospicit non respicit, literally means, law looks forward not back. A penal statute which creates new offences is always propectivee and a person can be punished for an offence committed by him in accordance with law as it exsted on the date on which an offence was committed. The rule against double jeopardy is stated in the maxim nemo debet bis vexari prouna etc eadem causa which means that no man shall be put in jeopardy twice for one and the same offence. Selvi & ors. v/s state of Karnataka (2010)- the use of material samples such as fingerpintsand DNA profiling for the purpose of compariion and identification does not amount to a testimonial act for the purpose of Article 20(3). Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by laws. This right is available to both citizens and non- citizens. The 'right to life' is not merely confined to animal existence or survival but it includes within its amobit the right to live with human dignity and all those aspects of life which go to make a man's life meaningful, complete and worth living. The Right to life includes right to livelihood, right to human dignity, right to proivacy. right to know etc. Right to Die- passive euthanasia was legalised in India inn the case of Aruna Ramchandra Shanbaug v/s Union of India (1980). A - Common cause v/s Union of India - 'Right to live with dignity' included the 'right to die' with dignity aas well as a guarantee that those in a vegetative state or who are terminally ill might sign a living will or an Advance Medical Directive.B- In 2023, Supreme court simplified the 32 procedure for executing living will/ advance directive by modyfying the judgement in common Couse (a regd. society) v/s Union of India and anr. Right against custodial violence - any from of torture or cruel, inhunman or degrading treatment would fall within the inhibition of Article 21 of the Constitution, whether it occurs during investigation or otherwise -D>K> Basu v/s state of west Bengal (1997). Article 359 of Indian Constitution, as amended by constitution (44th Amendment ) Act, 1978 states that Article 21 would not be suspended under a Presidential Order During Proclamation of Emergency. The golden triangle between Articles 14, 19 and 21 is the basic feature of the Constitution as it stands for equality and rule of law- I.R. Coelho (Dead) by LRs v/s state of Tamil Nadu. Article 21 A was inserted by the Constitution (Eighty- sixth Amendment ) Act 2002.with the decinonsin mohini jain v/s state of Andhra Pradesh and Unni Krishnan case. The Parliment enacted Right of Childran to Free and Compulsory Education Act. 2009. Which providdes for right of children to free and compulsory education. As per Article 21, state shall provid free and compulsory education to all children of the age of six to fourteen years in such a manner aas the state may determine. This provision makes only elementary education a fundamental education. Protection against arrest and in certain cases is provided under Article 22. The arrested persons have some rights which includes Right to be informed of the grounds of arrest, right to consult and be defended by a legal practitioner, right to be produced before a magistrate within 24 hours of arrst. The detention of a person cannot exceed three moths unless an advisiory board reports and the grounds of detention should be communicated to the detenue under a law of preventive detention. Fundamental Rights guaranted to arrested persons in Article 22(1) and (2) do not apply to enemy aliens and persons arrested/ detained under any law providing for preventive detention. Article 23 prohibits traffic in human beings, begar (forced labour) and other similar froms of forced labour. Any contravention of tthis provision shall be an offence punishable in accordance with law. This right is available to both citizens and non- citizens. It protect the individuals not only against the stae but also against private persons. InBandhua Mukti Morcha v. Union of India, 1984, the court laid down gvidelines for determination of bonded labousers and also privided that it is the duy of the state government to identify, release and rehabilitate the bonded labourers. Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or reilway.-Child Labou Act It does not prohibit their employment in any harmless or innocent work. The Government of India had promulgated the legislation of the Child labour (Prohibition and Regulation) Act, 1986. to regulate provisions related to child labour practises in India The Government made substantial changes in the provisions of the Act in the year 2016 and from thereon a complet prohibition has been imposed on the employment of children who are below the age of 14 years. Article 25- All person are equally entitted to freedom of conscience and the right to freely profese, practice and propagat religion. Article 25 covers not only religous beliefs but also religiou practise. These rights are available to all persons, citizens as well as non- citizens. Wearing and carrying of kirpans is included in the prefession of Sikh religion. 'Hindus', in this context, include Sikhs, Jains and Buddists. The words 'Socialist', and 'Secular' were added in the preamble of the Constitution in 1976 by the 42nd Amendment, but the concept of secularism was embedded in our Constitutional phiosophy. Righ to religion guaranteed under Article 25 or 26 is not an absolute or unfettered right but is subject to legislation by the state limiting or regulating any activity- econmic, financial, political or secular which are associated with the religious belief, faith, practice or custom A.S. Narayana v/s state of Andhra Pradesh (1996). Secularism is a part of the Basic Structure of the Indian Constitution as held in S.R. Bommai v/s Union of India (1994). Right to freedom of Reigion cannot be restricted on the ground of security of state. Order of the Election Commission to cover statues of elephants being election symbol of a political party, during election period does not violate Article 25. Article 26 guarantees to every religious denomination or a section of it, right to establesh and maintain institutions for religious and charitable purposes and to manage in its own way all affairs or matters of religion. Article 27 lays down that no person shall be compelled to pay any axes, the proceeds of which are specifically appropriated in payment of expenses for the promotionor maintenace of any particular religion or religious denomination. Article 28 says that no religious instruction shall be provided in an educational institution wholly maintained out of state funds. This provision shall not apply to an educational institution administered by the state but established under any endowment or trust, requiring imparting of religiopus instrucion in such institution. National Curriculum Framework for School education providing for education on basic human values, social - justice and religious philosophy for having a value - based life is not a violation of Article 28 - Aruna Roy v. Union of India. Article 29 provides that any section of citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the some. No citizn shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste or language. Article 29(1) guarantes, every section ofthe citizens having a distinct language, script or culture, their right to consrve the same. Unlike Article 19(1), Article 29(10 is not subject to any reasonable restrictions. According to Aticle 30, all minorities shall have the right o estabhish and administer educatonal institutions of theis choice. The state shall not discriminaten against any educational institution managed by a minority. The protectionunder Article 30 is confined only to minorities (religious or liguistic) and does not extend to any section of citizens. In St. Xaviers College v/s State of Gujrat the Supreme court observed that Article 29(1) is a general protecion given to sections of citizens to conserve thir language, script or culture. T.M.A Pai Fundation v/s state of karnataka (2003) It was held that the state Governments and universities cannot regulate the admission policy of unaided educational instituions run by linguistic and religious minorities, but they can specify acaemic qualifications for students. It was also held that a state will be regarded as the unit for determining both 'linguistic minority' as well as 'religious minority.' Article 31-A saves five categories of lawsfrom being challenged and invaliclaed on the ground of contravention of fundamental rights conferred by Article 14 and Article 19. Article 31-B protects the acts and reglations included in in 9th Schedule from being challenged and invalidated on ground of contravention of any fundamental rights. Article 31-C -The law that does not implement the directive principles given in Article 39 (b) and (c) shall be declared void on the ground that it contravenes fundamental rights conferred by Article 14 or Article 19. Right to constittional remedies are provided under Article 32 to Article 35. Article 32 is known as the "soul of the Constitution and the very heart of it" Dr. BR- Ambedkar. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Only the fundamental rights guaranteed by the constiution can enforced under Article 32, not other like statutory rights, non-fundameental constitutional rightts, cutomary rights etc. The Supreme Court is empowered to isue weits or appropriate directions or orders including writs in the nature of habeas corpus, mandamu, prohibition ceriorari and quo warranto. The high court have the same power under Article 226. 'Habeas Corpus' literally means,'to have the body of' This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Section 92 C.P.C is considered as an alternative remendy to the writ of Habeas corpus. Habeas Corpus can be issued against both private and public authorities. Mandamus - means 'we command'. This writ is issued by the court to order the public official who has failed to perform his duty or refused to do his duty. It can be issued againt public officials , any public body, a corporation, an inferior court, a traibunal or government for the some purpose. Mandamus cannot be isue against a private individual. The literal meaning of 'Prohibition' is to forbid. It is issued by a higher court to a lower court to prevent the latter fromexceeding its jurisdiction or usurping a juridiction that it does not possess. It can only be issued againt judicial and quasi- judicial authorities. It cannot be issued against administrative authorities legislative bodies and private individuald or bodies. Certiorari means 'to be certified ' or 'to be informed'. This writ is issued by a court higher n authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It cannot be issued againt legislative bodies and private individuals or bodies. Meaning of 'Quo- Warranto' is 'by what autharity or warrant'. Supreme court or high court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the Court enquires into the legality of a claim of a person a public office. P.I.L A Public Interest Litigation (P.I.L) is a from liigation tha is filed to safeguard or enforce public interest. It is an exception to concept of 'locus State' as it enables the Court to look into the matters fild on behalf of those who are poor, illeterate, deprived, or disabled and are unable to approach the court themselves. PIL may be fild either before the Honble supreme Court of India undr Article 32 of the Indian Constitution or any high court under Article 226 of the Indian Constitution. The first P.I.L petition was Hussainare Khatoon v/s state of Bihar (1979). Pushpa Kapila Higorani s called the "Mother of Public Interest Litigations", having filed more than 100 PILs. Interpretation of Article 21 gives rise to Environmental PILs in India. part IV -Diirective Principle of State Policy Article 36-51 contain the Dirctive Principles of state Policy. Article 37 provides that provision contained in Part IV are not enforceable in any Court but the principles laid down are fundamental in governance of the country. In Lily Thomas v/s Union of India (2000) the Supreme Court reiterated that court has no powerto give derection for the enforcement of Directive Principles of state Policy. State of Madras v/s Champakam Dorairajan- it was held that in case of conflict between Fundamental Rights and Directive Princples, the Fundamental Rights would prevail. Article 39 A obligates the state to secure that the operation of the legal system promotes justice on a basis of equal opportunity and shall in particuar provide free legal aid, by suitable legislation. In State of Madhya Pradesh v/s Pramod Bhartiya the SC observed that principle of equal pay for equal work emerge out of Article 14,16 and 39 (d), so the concept o reasonable classification will come into play. Article 44 requires the state to strive to secure for the citizen of India a Uniform Civil Code throughout India. Article 44 seeks to divest religion from social relations and personal laws. Marriage, succession and like matters cannot be brought under the guarantee enshrined under Article 25, 26 and 27. The concept of separtion of Judiciary fromm Executive is embodied in Article. In M.M. Gupta v/s state of J & K (1982) it was held that the object behind Article 50 is to provide independence of judiciary which is one of the basic tenets of Constitution. Fundamental Duties Part IV-A contaning Article 51-A was added by 42nd Constitution Amendment, 1976. Originally, it containd 10 fundamental duties. The 11th fundamental duty was added by 86th Constitution Amendment, 2002. In Union of India v/s Naveen Jindal (2004) SC held that fundamental duties are implicit in the concept of fundamental rights former provides certain restrictions on the exercise of the Latter. In AIIMS Students Union v/s AIIMS (2002). it was held that though Article 51- A does not expressly cast any fundamental duty on the state, the duty of fundamental duty on the state, the duty of every citizen is the collective duty of the state. Union Executive Article 52 to 78 of the contitution deal with Union Executive. The Union executive consits of the President and the council of Minister headed by the prime Minister. India has a parliamentary form of government; the council of Minsiter is responsible to the Lok Sabha. The President Article 52 provides that there shall be a president of India. Article 53 provides that the executive power of the Union shall be vested in the president President shall be the supreme commandar of the defence forces of India [Article 52(2)] The constitution vests various functions in the president; however he can not discharge the function in his own individual Judgment Article 74 clearly mandates that there shall be a council of Ministers with the prime Minister at his head to aid and advice. The real executive power vests in the prime Minister and council of Ministers. The Constitution lays down the manner of election of president but by virtue of Article 71(3) it has also empowered the parliament to regulate any matter relating to the election of the president or vice-president. Electrol college:- Article 54 provides that the president shall be elected by the members of an electoral college consisting of:- Electral college - Elected member of both houses of parliament - Elected member of the legislation Assemblies of the statesState includes the National Capial Territory of Delhi and the Union Territory of Pondicherry. It menas that elected members of legislative Assemblies of NCT of Delhi and Union Territory of Pondicherry shall also be eligible to vote in the election. Article 55 provides that there shall be uniformity in scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President. Article 55(3) Provides that teh President's election in held in accordance with the system of proportional representation by means of the single tranferable vote and teh voting is by secret ballot. As far as practicable, there is uniformity in the scale of representation of different states at the presidential election. Article 55(2)(a) provides that a member of the electral college from the state ligislative Assembly has as many votes as are obtained by the following formula:- There is parity of votes between the elected members of the houses of parliament, and of the state legisaltive Assemblies, so that the former command the same number of votes, in the electrol college as the Formula is adopted [Article 55(2)(c)] - (a) Total number of votes assigned to the members of state Legistative Assemblies in the electorl college (b) Total Number of the elected members of the two houses of the parliament. In represidential pole AIR 1974 SC 1682, Supreme Court held that hte election of the president can be held when a state Assembly has been dissolved under Article 356 NB Khare v. Election Commission AIR 1957 SC 694 Supreme Court has also held that a person who is neither a Candidate an elector could not file a petition challenging the presidential election. Term, resignation and re-election Article 56 provides that the president shall hold office for a term of five years from the date on which he enters upon his office. Article 57 provides that person who has held, office as president shall subject to the other provisions of this constitution, be eligible for-re-election to that office. Qualification for the election as president - Article 58 provides (i) He should be a Citizen of India (ii) He should have completed 35 years of age (iii) He should be qualified for election as a member of the Lok Sabha. (iv) He should not hold any office of profit under the Union Government or any state Government or any stae Government or any local authority or any other public authority. A sitting President or vice-president of the union, the Governor of any state and Minister of the Union or any state is not dumed to hold any office of profit an hence qualified as a presidential candiate. Surpreme Court in Jaya Bachchan v. Union of India, AIR 2006 SC 2119 held that for deciding the question as to whether one is holding an office of profit or not, what is relevant is whether the office is capable of yielding a profit or pecuniary gain and not whether the person actually obtained montary gain. The same view was also held in PUrno Agitok Sangam v. Pranab Mukherjee AIR 2013 SC 372 Article 59 provides that the president shall not be a member of either house of parliament of a house of the legislative of any state. Article 60 provides that before entering upon his office, the president has to make and subscribe and oath or affirmation (i) To faithfully execute the office. (ii) To preserve, protect and defend the constitution and the law. (iii) To devote himself to the service and well-being of the people of India IMPEACHMENT OF THE PRESIDENT Article 56(1)(b) provides the that the president may be removed from te office for violation of constution by the process of impeachment Article 61 provide the procedure for the impeachment of president. Grounds:- President in impeached on the ground of violation of the constitution. The consitution does not define the meaning of the phrase violation of the constitution. Vacancy, time For holding election etc. Article 62 provides that an election to fill a vacancy caused by teh exiprartion of the term of office of president shall be completed before the expiration of the term of the president.The Vice President Article 63 provides that then shall be a vice president of India. The office of vice president in the second highest office in the country. Article 64 provides that the president shall be ex officio chairman of the council of the state (Rajya Sabha). He shall not hold any other office of profit During any period when the vice-president acts as president or discharge the functions of the functions of the president under Article 65 he shall not perform the duties of the office of chairman of the council of states and shall not be entitled to any salary or allowance payable to the chairman of the council of states.Election of the vice-president Article 66 provides that the vice-president shall be elected by the members of electrol college consisting of members of both houses of parliament - The system of proportional representation by means of the single transferable vote and by secret ballot.Qualifications for the election as vice president Article 66(3) provides - (i) He should be a citizen of India. (ii) He should have completed 35 years of age (iii) He should be qualified for election as a member of the Rajya Sabha (iv) He should not hold any office of profit under the Union Government or any state Government or any local authority or any other public authority. Term, resignation and removal Article 67 provides that the vice-president helds office for a term of five years from the date on which he enters upon his office. - Resignation - He can resign from his office at any time by addressing the resignation letter to the president. - Removal - He can be removed from the office before completion of his term. He can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed to the Lok Sabha. No such resolution can be moved unless at least 14 days advance notice has been given. No ground has been mentioned in the constitution for his removal.Oath by the Vice President Article 69 provides that before entering upon his office, the vice-president has to make and subscribe to an oath or affirmation. The Oath of office to the vice-president is administered by the president or some person appointed in that behalf by him. COUNCIL OF MINISTERS Article 74 and 75 broadly deal with principles of parliamentary from of government. Article 74 deals with the composition of the council of Ministers. According to Article 74(1) there shall be a council of Ministers with the Prime Minister at its head to aid and advice the president. This proviso to Article 74(1) was inserted by 44th constitutional Amendment 1978 The 42nd constitutional Amendment, 1976. has amended Article 74(1) and has made the advice binding on the president. UNR Rao v. Indira Gandhi AIR 1971 SC 1002 Supreme Court held that council of Ministers is mandatory and at no point of time can the president dispense with this body. council of Ministers remains in the office even if the Lok Sabha is dissolved. Supreme Court in Harsharan Verma v. Union of India, AIR 1987 SC 1969. held that the combined reading of Article 75(s) and Article 88 provides that a non-member can be a minister for period of six months but he does not have a right to vote. He would be entitled to participate in hte proceedings only. In S.P.Anand v. HD Deva Gowda AIR 1997 SC 272 Supreme court held that a person who is not members of either house of the parliament can be appointed by the Prime Minister for six months. Size of council of Minister Article 75(1A) provides that the total number of Ministers, including that prime Minister, in the council of Ministers shall not exceed fifteen percent of the total number of members of the house of the people. This clause was inserted by 91st constitutional Amendment, 2003.Union Legistature Introduction Parliament of India is a principal legislative organ government. It is bicameral. The lower house in called 'Lok Sabha' and the upper house is called Rajya Sabha According to Article 79 the parliament consists of:- (President) (a) Parliament of India (b) Rajya Sabha (c) Lok Sabha Article 79 to 122 in part V of the consitution deal with the organization, composition, duration officers, procedures, privileges powers etc of the parliament. Composition of Rajya Sabha:- Article 80 provides that eh council of states shall consist of - (a) Twelve members to be nominated by the president (b) Not more than two-hundred and thirty eight representative of the states and of the union Territories. Article 80(2) Provides that the allocation of seats in the council of states to be filled by representatives of the states and of the Union territories shall be in accordance with the provision in the at behalf contained in the Fourth Schedule. Accoding the Article 80(4) the representatives of states in the Rajya Sabha are elected by the elected members of state legislative Assemblies. The election is held in accordance with the system of proportional representation by means of the single tranferable vote. Kildip Nayar v. Union of India (2006) 7 C Supreme Court held that in order to be eligible to be elected to the council of states, a person need not be a representative of the state beforehand nor and elector, registered voter or a resident of the state. The word representative simply means that a person is chosen by the people or b the elected members of the legisaltive Assembly to represent of their interest in the Parliament. Composition of Lok Sabha - Article 81 provides that Lok Sabha shall consist of the following - (a) Not more than 530 members are to be chosen from direct elections from states. (b) Not More than 20 members to represent Union Territories. Note-104th Constitutional Amendment Act. Which came into force on 25th January 2020 abolished the representative of the Anglo-Indian community in the house of people and in state legislative Assemblies of the states. Readjustment After each other - Article 82 provides that after every census, a redjustment is to be made in - (a) Allocation of seats in the Lok Sabha to the states. (b) Division of each states into territorial constituencies. Duration of Rajya Sabha Article 83(1) provides that the council of states shall not be subject to dissolution, but as nearly one-third of the members shall retire on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law. Duration of Lok Sabha Article 83(2) provides that the house of the people shall continue for five years from the date appointed for its first meeting. After expiration of five years the Lok Sabha can be dissolved at any time before the competition of five years by the president. Qualification and disqualification for membership of parliament Article 84 provide the following qualifications for a person to be chosen a member of the parliament:- - He must be a citizen of India - He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose - He must be not less than 30 years of age in the case of teh Rajya Sabha and not less than 25 years of age in the case of the lok Sabha. - He must posses other qualification prescribed by parliament. Article 102 provides that a person shall be disqualified for being chosen as, and for being, a member of either house of parliament - (a) if he holds any office of profit under the Government of India of the Government of any state. (b) if he is of unsound mind and stands so declared by a competent court. (c) if he is an undischarged insolvent. (d) if he is so disqualified by or under any law made by parliament. Supreme Court in Lily Thomas vs. Union of India (2013) held that a charge-sheeted member of parliament or member of state legislative Assemblies, on conviction for offences, will be immediately disqualified from holding the membership of the house without giving the time for appeal. [Offine of profit] Supreme Court in Ashok kumar Battacharya v. Ajay Biswas 1985 explained the rationale behind the disqualification based on office of profit. the court observed that these should not be any conflict between the duties and the interest of an elected member and the elected member and the elected member must carry on his duties freely and fearlessly without being subject to government pressure. This provision ensures that the parliament does not have persons who may be amenable ot the infuence of the government. Decision as to Disqualification - Article 103 provides that if any question arises as to whether a member of either house of parliament has become subject to any of the disqualification mentioned in Article 102(1), the question shall be referred for the decision of the president and his decision shall be final. Disqualification on ground of defection - The 53nd constitution Amendment introduced the provisions of anti-defection. Article 102(2) and Article 191(2) of state legislative lays down that a person shall be disqualified from being a member of parliament he is so disqualified on the ground of defection under the ground of defection under teh provision of the tenth Schedule. Article 102(2) along with tenth Schedule was insulted by 52nd constitution Amendment 1985. Rationable: In Kihoto Hollohan vs Zachilhu Supreme Court discussed the rational behind schedule 10. The Court held that schedule 10 is based on the promise that the poitical propriety and morality demands that if a member of legislative after election changes his political affiliation and leaves the political party then he should give up his seat in the legislature and contest election again. Determination of question of disqualification on ground of defection According to para 6 of tenth schedule the question of disqualification under the tenth schedule in decided by the chairman inb the case of Rajya Sabha and speaker in the case of Lok Sabha. Kihota Hollohon vs Zachilhu Supreme Court ruled that anti-defection law contained in Schedule 10 is constitutionally valid. 91st Constitutional Amendment 2003, added clause (1B) to Article 75 which provides that a members of either house of parliament belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a Minister. Vacation of seats - Article 101 provides for vacation of seats. NO person shall be a member of both houses of parliament and provision shall be made by parliament by law for the vacation by a person who is chosen a member of both houses of his seat in one house or the other [Article 101(1)] No person shall be a member both of parliament and of a house of the legislative of a state and if a person is chosen a member both of parliament and of a house of the legislature of a state then, at the expiration of such period as may specified in rules made by the president that person's seat in parliament shall become vacant. Oaths and affirmation by member - Article 99 provides that every member of either house of parliament shall before taking his seat make and subscribe before the president or some person appointed in the behalf by him an oath or affirmation according to the form set out for the purpose in the trial schedule. Penalty [Article 104] A person is liable to a penalty of Rs 500 for each day he sits or votes as a member in a house in following condition - 1. Before taking and subscribing to the prescribed oath or affirmation. 2. When he knows that he is not qualified or that he is disqualified for its membership Meeting of the Parliament Sessions of the parliament - summoning, prorogation and Dissolution - Article 85 provides that the president shall from time to time summon each house of parliament to meet at such time and place as he thinks fit. The maximum gap between two session of parliament can not be more than six months Article 85(2) provides that the president may from time to time. (a) Prorogue the houses or either house. (b) Dissolve the house of the people. Prorogation - It means adjourned sine die, when the business of a session is completed. The president issues a notification for prorogation of the session. It does not end the life of Lok Sabha it puts an end to the session of teh house. It only means that the house ceases to functions for a particular period of time according to Article 107(3) a Bill pending in parliament shall not lapse by reason of the prorogation of the houses. Dissolution It ends the life of teh existing house, and a new house is constituted after General elections are held-Rajya Sabha is a contining house and it is never dissolved. President's address - Article 87(1) provides that at the commencement of the first session after each general election and at the commencement of the first session of each year the president shall address both houses of the parliament assembled together. Rights of Minister and Attorney - General as respects houses - Article 88 provide that every Minister and the Attorney - General of India shall have the right to speak in and otherwise to take part in the proceedings. Quorum and voting in houses of parliament - Article 100 provides that all questions at any sitting of either house or joint sitting of the houses shall be determined by a majority of votes of the members present and voting. [officers of the Parliament]Speaker and Deputy of Lok Sabha Article 93 provides that the Lok Sabha shall as soon as may be, choose two members of the house to be respectively speaker and Deputy speaker. Vacation, resignation, removal from the offices of speaker and Deputy speaker - Article 94 provides that a member holding office as speaker or Deputy speaker of the house of the people shall vacate his office if - (a) He ceases to be a member of the house of the people (b) Resign by writing under his hand addressed, if such member is the speaker to the Deputy speaker and if such member is the Deputy Speaker to the speaker, resign his office. Article 96 provides that the speaker or the Deputy speaker shall not preside while a resolution for his removal from office is under consideration. The speaker shall have the right to speaker in and take part in the proceedings of the house of the people while any resolution for his removal from office is under consideration. Secretariat of Parliament Article 98 provides that each house of parliament shall have a separate secuetarial staff. Parliament may be law regulate the recruitment, and the conditions of service of person appointed to the secuetarial staff of either house of Parliament. Chairman and Deputy Chairman of Rajya Sabha - Article 89 provides that the vice-president of India shall be ex-officio chairman of the council of states. Vacation, resignation, removal from the office of Deputy Chairman - Article 90 provides that a member holding office as Deputy Chairman of states shall vacate his office (a) if he cease to be a member of the council. (b) Resign, by writing under his hand addressed to the Chairman. Legislative Procedure Article 107 provides that except Money bills and other financial bills, a Bill may originate in either house of parliament. Article 108 and 109, a bill shall not be deemed to have been passed by the houses of parliament unless it has been agreed to by both houses. Categories of Bills - Ordinary Bill - Money Bills - Financial Bills - Constitutions Amendment Bills. The detailed procedure for passage of Bill is contained in the rules of procedure of each house Generally the Bill passes through three stages, popularly known as reading. Bill in the Second House - when the Bill is transmitted to the second house it goes through all the above mentioned three stages. The second house has following alternatives. (a) It may pass the Bill as sent by the First lone. (b) Ie may reject the Bill Altogether (c) It may not take any action and thus keep the Bill pending Joint sitting of both house:- Article 108 provides that if after a Bill has been passed by one house and transmitted to the other house and:- (a) Bill is rejected by the other house. (b) Houses have finally disagred as to the amendments to be made in the Bill (c) More than six months elapse from the date of the reception of the Bill by the other house without the Bill being passed by it. Assent of the President - Article 111 provides that when a Bill has been passed by the houses of parliament, it shall be presented to the president and the president has following options:- Assents to the Bill withholds assent He may also return the Bill if it is not a Money bill to the houses with a request to reconsider the Bill Money Bills Constitution lays down a special procedure with respect to passage of Money Bill. In case of Money Bill the power of Rajya Sabha is considerably reduced Article 110 difines 'Money Bills' and Article 109 lays down the special procedure with respect to it. Definition - Article 110 provides that a bill shall be deemed to be Money Bill if it contains only provisions dealing with all. Special procedure - Article 109 provides that special procedure with respect to Money Bills. A Money Bill shall not be introduced in the Rajya sabha. It the Lok Sabha accepts any of the recommendations of the Rajya, the Money bill shall be deemed to have been passed by both houses with the amendments recommended by the Rajya Sabha and acceted. Financial Bills From point of view of parliamentary procedure the constitution distinguishes between Money in bill which contains only the matters specified in Article 110. Whereas a Financial Bill is a Bill tha contains not only any or all the matters mentioned in Article 110. but also other matters of general legislation Different Between Ordinary Bills and Money Bills - Ordianary Bill (1) It can be introduced either in the Lok Sabha or the Rajya Sabha> (2) It is introduced without the remmendation of the president (3) It can be amended or rejected by the Rajya sabha. (4) It can be detained by the Rajya Sabha for maximum period of six months (5) It can be rejected approved, or returned for reconsideration by the president Money Bills (1) It can be introduced only in the Lok sabha and not in the Rajya sabha. (2) It can be introduced only on the recommendation of the president (3) It can not be amended or rejected by the Rajya sabha (4) It can be detained by the Rajya sabha for a maximum period of 14 days only (5) It can be rejected or approved but can not be returned for reconsideration by the president. Budget The term Budget is not used in the constitution. It is referred as Annual Financial statement. Act 112 provides that he president shall in respect of every financial year couse to be laid before both the houses of parliament a statement of the estimated receipts and expenditure of the Government of India for the year, in this part referred to as teh annual financial statement. Appropriation Act Money cannot be withdrawn from the consolidated fund of India without and appropriation Act. It is passed in accordance with the procedure laid down in Article 114. Article 112 provides that soon after the grants undre Article 113 have been made by the Lok Sabha, there shall be introduced a Bill to provide for the appropritation out of the consolidated fund India of all moneys required to meet:- (a) Grants so made by the house of the people. (b) Expenditure changed on the consolidated Fund of India. Finance ActThe Finance Bill is introduced to give effect to the financial proposals of the Government of India. It is subjected to all the conditions applicable to a Money Bill. It effectuates the financial proposals fro ensuring years. Finance Act Seeks to renew the annual taxes, impose new taxes and make necessary adjustments in the permanent taxes with a view to raise revenue necessary to meet the appropriations made out of consolidated Fund of India of ensuring financial year. Vote on account - It is well settled that the expenditure can not be incurred out of consolidated Fund of India without the passage of appropritation Act. This act has to be passed before a financial year ends. Article 116 (a) provides that Lok Sabha shall have the power to authorize by law the withdrawal of money from the consolidated Fund of India. Vote of Credit - Article 116 (a) provides that Lok sabha shall have the power to authorize by law the withdrawal of money from the consolidated Fund of India. Exceptional grant -It is granted for a special purpose and forms no part of the current service fo any financial year. Article 116 (c) provides that Lok sabha shall have the power to authorize by law the withdrawal fo money from the consolidated Fund of India. Parliamentary privilege - Certain privileges are granted to the parliament ro efficiently and effectively discharge the functions of the house without fear ro favour. Article 105 deals with the perivileges of teh two houses of parliament while Article 194 deals with the privileges of the state legislative Assemblies. Article 105 applies Mutatis mutandis to the state legislature as well Article 105 provides following privileges:- Parliamentary Privileges- Article 105 House of Parliament - Articel 194 state Legisaltive Assemblies Freedom of speech - Article 105(1) provides that subject tot he provisions of this constitution and the rules and standing orders regulating the proceedure of parliament The corresponding provision with respect of state legislature is Article 194(1) [MSM Sharma vs Singh (1) 1959] Supreme Court held that the expression subject to the provisions of this - constitution referred in Article 105(1) means subject to the provision of the consitution which regulates the proceedure of the parliament i.e. Articles 118 & 121. Immunity from proceedings in CourtsArticle 105(2) provides that no member of parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in parliament a any committee. Tej Kiran Jain vs Sanjiva Reddy 1573SC observed that once it is proved that parliament was sitting and its business was being transacted, anything said during the proceedings was immune from the proceedings of the court. PV Narsimha Rao vs State 1998 (1) Whether by virtue of Article 105(1) and 105(2) a member of parliament can claim immunity from prosecution before a criminal court on the charge of bribery in relation to the proceedings of paliament (2) whether a member of paliaments is a public servant under the prevention of correption Act 1988. [Publication under Paliamentary authority]Article 105 further provides that and no person shall be so liable in respect of the publication by or under the authority of either house of parliament of any report. Article 361-A further provides that no person shal be liabel to any proceedings, civil or criminal in any court in respect of the true report of any proceedings of either house of parliament or legislature Assembly. Internal authonomy It is important to confer such privileges to the parliament which facitlites the working of it without outside interference In this regard Act 122(1) provides that the validity of any proceeding in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. Freedom from arrest A member cannot be arrested in civil proceedings within a period of 40 days before and 40 days after teh sessin of the house. It must be noted that this privilege extend only to civil proceeding and not to a criminal charge. Disciplinary power over member - Paliament has the power to enforce discipline. It can expel or suspend a member for unbecoming behaviour. In Raja Ram Pal v. Hon'ble speaker Lok Sabha (2007) The court held that disqualification strikes at very root of renders him or her unable to occupy the seat. Court held that provisions of Article 101 or 102 do not restrict the Scope of Article 105(3). Power of punish for contempt - The house has power to punish a person whether a member or outsider for its contempt or breach of privileges. State ExecutiveArticles 153 to 167 in part VI of the constitution deals with the state executive the pattern of state executive is similar to central executive. It is based on the fundamental principal of accountability of The Executive of the legislative (1) Governor (2) Chief Minister (3) Council of Ministers (4) Advocate General Governor- Article 153 provides that there shall be a Governor for each state. Same person can be appointed as Governor for two or more state. - Article 154 provides that the executive power of state shall be vested in the Governor. Appointment of Governor - Article 155 provides that the Governor of a state shall be appointed by the president by warrant under his hand and seal. Hargoving vs Raghukul. 1979. SC held that the office of Government the central Government. Qualification for appointement as GovernorArticle 157 provides that no person shall be eligible for appointment as Governor unless he is a Citizen of India and has completed the age of thirty-five years. Term of office of governor - Joint reading of Article 156(1) and 156(3) provides that Governor holds office for a term of five years from the date on which he entirs upon his office ResignationThe Governor may, by writing under his hand addressed to the president, resign his office. Governor shall, not with standing the expiration of his term continue to hold office until his successor entire upon his offices. condition of Governor's office - Article 158 provides that the Governor shall not be a member of either house of parliament or of a house of the legislature of any state specifies in the First Schedule. If a member of either house of parliament or of a houe of the legislature of any such state be appointed Governor, he shall be deemed to have vacated his seat in that house on the date on which he entire upon is office as Governor. Oath or affirmation by the Governor - Article 159 provides that before entering upon his office, the Governor has to make and subscribe to an oath or affimation - (a) To faithfully execute the office (b) To preserve, protect and defend the constitution and the law (c) To devote himself to the service and will being of the people of the state. Power of Governor to grant pardons etc. Article 161 provides that the Governor of a state shall have the power to frant pardons, reprieves, respites or remissions of punishments or to suspend remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. Ordinance making power of the Governor - Article 213 provides for the power of Governor to promulgate Ordinances during recess of legislature. Chief Minister and the council Ministers The Governor is the nominal executive authority and the chief Minister is the real executive authority exective. The Government is the head of the state while the Chief Minister is the head of the Government. Appointment of Chief Minister and Council of Ministers - Article 164 provides that he Chief Minister shall be appointed by the Governor and the other Minister shall be appointed by the Governor on the chief Minister. In the states of Chattigarh, Jharkhand, Madhya pradesh and Odisha. Ordinarily a Minister should be member of the state Legislature S.R. Chandhary v.s state of Punjab Supreme court held that the privilege for continuing as a member for six months without being elected as a member is only a one time seat for the individual concerned during the term of the legislature. B.R. Kapur vs State of Tamil Nadu 2001 Supreme Court dealt with the question whether a person who is disqualified to be a member of state legislaure could be appointed as a Minister or the chief Minister under Article 164(4)? Supreme Court observed that it is implicit in Article 164(4) r/w 161(1) and (2) that a minister who is not a member of the legislature must seek election to the legislature of the state and secure a seat within six months of appointment. Council of Minister to aid and advise Governor -Article 163 provides that there shall be a council of Minister with the Chief Minister at the head to aid and advice the Governor in teh exercise of his functions, exept in so far as he is by a under the constitutional required to exercise his funcions or any of then in his discretion. Governor's discreation - AS a general rule of the council of Minister and not-independently.Reserve for the consideration of presidnet any Bill which in his opinions derogate from teh power of teh High Court (Article 200) State Legislature Article 168 to 212 in part VI of the constitution deal with the organization composition, duration, officers, procedure etc. of the state legisalture constitution of legislature in states Article 168 provides that for every state there shall be a legislature which shall consist of the Governor - (a) In the states of Andhra pradesh, Bihar, Maharashtra, Karnataka, Telengana and UP two houses. (b) Inother state, one houses. Abolition or creation of legislative concil in state - Article 169 provides tha parliament may by law provide for the abolition or creation of the legislative council of a state if the legislative Assembly of the state passes a resolution to state effect by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the member of teh assembly present and voting. Composition of the legilative Assemblies & legislative council - Article 170 provides that the legislative assembly of each state shall consist of not more than-five hundred and not less than sixty member Chosen by direct election form territorial constituencis in the state. Article 171 provides tha the total number of member in the legislative council of a state having such a council shall not exceed one third of the total number of meber in the legislative Assembly of the state. Duration of state legislature Article 172 provides that every legislative Assembly of every state, unless sooner dissolved, shall continue for five years fromt eh date appointed for its first meeting. The said period may, while a proclamation of Emergency in operation, be extended by paliament by law for a period not exceeding in any case beyond a period of six months after the proclamation has ceared to operate. Qualification for membership of the state legistature - Article 173 provides that a person shall not be qualified to be chosen to fill a seat in the legislature of a stae unless he - - In the case of a seat in the legilature Assembly, not less than twenty five years of age. - In case of a seat in the legislative council, not less than thirty years of age. - Possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament. The speaker and Deputy speaker of teh legislative Assembly - Article 178 provides that every legislative Assembly of a state shall, as soon as may be coose two members of the assembly to be respectively speaker and Deputy speakers. PART V CHAPTER IV THE JUDICIARY SUPREME COURT Article 124 provides fro establishment and consititution of Supreme Court Earlier, the strength of judges in the Supreme Court was 7 judges and one Chief Justice. In 2019. it was increased to 33 judges and Chief Justice of India (total 34). through The Supreme Court (Number of Judges) Amendment Act.2019. Every judge of the Supreme Court shall hold office until he attains the age of sixty-five years. In Article 124(2) provides that everty judge of teh Supreme Court shall be appointed by the President. The Chief Justice is appointed by the President with the consultation of such judges of Supreme Court or High Court. In appointement of other judges, the President shall always consult the Chief Justice of India. In S.P Gupta v/s Union of India (1982) also known as First Judges case). It was observed that the opinions of the Chief Justice of India and the Chief Justice of High court were merely consultative and the power of appointement resides solely and exclusively with the Central Govt. This meant that executive had supremacy in the appointement of judges. The questions of process of appointment of judges of Supreme Court came to be considered in Supreme Court Advocates on Record Association v/s Union of India (1993) also known as 2nd Judges case. 2nd Judges case decision overruled the Supreme Court decision in S.P. Gupta's case In 2nd Judges case - the court held that in the matters of appointment of judges of Supreme Court and High Court, the C.J.I. should have primacy. Court further held that the appointment of Chief Justice of India should be made on the basis of seniority. In re Presidential Reference (1999) (also known as 3rd Judges case) the Supreme Court laid down certain propositions regarding appointment of Supreme Court Judges. The consultation process tob be adopted by the Chief Justice of India requires consultative of plurality of judges. With regard to the appointment of Supreme Court Judges and transfer of a High Court Judge, the Chief Justice of india should consult a collegium of four seniormost Judges of the Supreme Court. In regard to the appointment of High Court Judges, the collegium should be consist of Chief Justice of India and two senior - most judges. Law commission in its 121st Report in 1987 commission for appointment of Judges. In 2014, the Union Government set up. National Judicial Appointment Commission vide 99th Constitution Amendment, 2014 It amended Article 124(2). 127 and 128 inserted Articles 124-A, 124-B and 124C. Every judge of Supreme Court was to be appinted by the President on the recommindation of NJAC. Article 124-A provided for the constitution of National Judicial Appointments Commission. Article 122-B Laid down functions of the Commission. Article 124-C empowered the Parliament to regulate the procedure for appointments by making suitable law. In Supreme Court Advocates-on-Record Association v/s Union of India (2016) Supreme Court declared both the 99th constitutional Amendment as well as the NJAC Act, 2014 as unconstitutional and Void Qualification of Supreme Court Judges: Article 124(3) provides the following qualifications. (i) Person should be a citizen of India (ii) He has been atleast for five years a Judge of a High Court or two or more High Courts in succession. (iii) He has been for atleast 10 years an advocate of High Court or of two or more such courts in succession. (iv) He is, in the opinion of the President a distinguished jurist. Article 124(6) provides that every person appointed to be a Judge of Supreme Court shall, before he entirs upon his office, make and subscribe before the President some other person appointed in the behalf by him. A Judge of the Supreme Court shall be removed by an order of the President only on the ground of proved misbehaviour and incapacity. The order of the President can only be passed when it has been addressed to both Houses of Paliament in the same session. A notice of the motion for presenting and address for removal may be given by 100 members of the Lok Sabha or 50 mambers of the Rajya Sabha. The Speaker or Chairman may either admit the motion or refuse to admit the motion. If the motion is admitted, then the Speakers Chairman constitutes a committee consisting of a Supreme Court Judge, a Chief Justice of High Court and a distiguished jurist. Supreme Court in Sub-Committee of Judicial Accountability v. Union of India (1992) held that motion for removal of judges under Article 124 does not lapse with the dissolution of the House. Article 126 provides that anytime during the tenure of the Chief Justice of India, if he is absent and is not able to dispose of his duties or his office is vacant for any reason, then the acting Chief Justice will discharge the duties of the Chief Justice of India. Appointment of Ad hoc judges is provided under Articel 127. Article 129 provides that Supreme Court shall be Court of record and shall have powers of such a court including the power to punish for its contempt. Article 131 authorises Supreme Court to settle inter-governmental disputes. Special Leave Petition - Article 136 provides that Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence. or order in any case or matter passed or made by any court or tribunal in the territory of India. Power of Supreme Court under 136 is not affected by Articles 132,133,134 and 134 A. Narpat Singh v/s Jaipur Development Authority (2002) - The Supreme Court held that the exercise of jurisdiction conferred by Article 136 is discretionary. It does not confer right to appeal on a party to litigation. Article 136 empowers the Supreme Court to hear appeals not only from the High Court but also from the subordinate courts if a situation demands. Supreme Court has the power to appeal even from an interlocutory order or interim orders. It was held in Kapil Mehra v. Union of India (2015) that where an SLP is dismissed with reasons, there is a marger of the orders of the court below with the orders of Supreme Court. Article 136(2) provides that special leave to appeal shall not be maintainable to any judgment, decree, determination, sentence or passed or made by any court or tribunal constituted by or order any law relating to armed forces. Article 142 provides discretionary power to the Supreme Court. It states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make order as is necessary for doing complete justice in any matter pending before it. In 2022, the Supreme Court used the power granted to it by Article 142 to warrant the release of A.G. Perarivalan, the assassination convict of former Prime Minister Mr. Rajiv Gandhi. Advisory Jurisdiction is provided under Article 143. In case of a question of law or fact or of public importance. The President may refer the question for the Advisory opinion of the court. In Re Special Reference No. 1 of 2012 Supreme Court reiterated that the Court may refuse to give its advisory opinion for strong and compelling reasons. Article 143(2) provides that if the President refers such matters which are excluded from the proviso of Article 131 for the Advisory opinion of the Supreme Court then the Court will be bound to give opinion on it. Power of review - Article 137 provides that subject to the provisions of any law made by the Paliament or any rule made under Article 145, the Supreme Court shall have power to review any judgement pronounced or order made by it. In Lily Thomas v/s Union of (2000) Supreme Court held that power of review can be exercised for correction of mistake and not to substitute a review. Curetive Petition is supported by Article 137 of the constitution. The concept of curative petition was introduced by Surpeme Court in Rupa Ashok Hurra v/s Ashok Hurra (2002) Article 141 provides that the law declared by the Surpreme Court shall be binding on all courts within the territory of India. Doctrine of 'Stare Decisis' evbisages that judical decisions have a binding force for the future This doctrine is a characteristic feature of English Common Law. It envisages that lower courts are cound by the decisions of higher courts. The whole judgment is not binding. only the ratio decided is binding. Obiter dicta are an observation made by the judge which is not essential for the dicision reached. Supreme Court in Ajay Kumar Bhuyan v/s State of Orissa has insisted that tribunals should also follow the doctrine of stare decisis. Facts about Union Judiciary:Anna Chandy was the first woman judge of India. The first woman judge of the Supreme Court of India was Ms. Fathima Beevi. Supreme Court was constituted on 28th January, 1950. First Chief Justice of India - Harilal Jekisundas Kania. Current Chief Justice of India - Yeshwant Vishnu Chandrachud. He is the 50th Chief Justice of India. Longest Serving Chief Justice India - Yeshwant Vishnu Chandrachud (February 1978 - July 1985). Shortest - serving Chief Justice of India - Kamal Narain Singh (25 Nov. 1991 - 12 Dec. 1991). HIGH COURTS AND SUBORDINATE COURTS Article 214 provides that three shall be a High Court for each State. Article 231 further provides that Parliament may be law establish a common High Court for two or more State or for two or more State and a Union Territory. According to Article 215, every High Court shall be a Court of record and shall have all the powers of such a court including the power of punish for contemt of itself. Article 216 - every High Court shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint. Article 217 provides that every Judge of a High Court would be appointed by teh President. President would appoint the Chief Justice of a High Court after consultation with the Chief Justice of India and the Governor of the State. Resignation - Article 217(1)(e) provides that a Judge may by writing under his had addressed to the President, resign his office. Removal - a Judge may be removed from his office by the President in the manner provided under Article 124(4) for the removal fo the judge of Supreme Court. Retirement age of a High court Judge - 62 years. Qualifications of High Court Judges (a) He is a citizen of India; Or (b) He has for at least ten years held a judicial office in the terriory of India; or (c) He has for at least 10 years been an advocate of High Court in succession. Article 226 provides that every High Court is empowered to issue writs in the nature of habeas corpus, mandamanus, prohibition, quo warranto and certiorari for the enforcement of fundamental rights or for any other purpose. Article 227 provides that every High Court shall have superintendence over all courts and tribunals throughout the Terriroties in relation to which it exercise the jurisdiction. Article 200 provides that no person who has held the office as a permanent Judge of a High Court shall plead or act or before any authority in India except. the Supreme Court and the other High Courts. Article 221 provides for the salaries, allowances, pensions of the High Court Judges. Article 222 provides that the President after consultation with Chief Justice of India may transfer a Judge from one High Court to another. Article 223 provides for the appointment of acting Chief Justice. The President may appoint another Judge to be acting Chief Justice when the office of Cheif Justice is vacant. Article 224 provides for appointment of additionla and acting Judges. The additional and acting Judges are appointed for period not exceeding two years. Article 224 A provides for the appointment of retired Judges at the sittings of the High Court. SUBORDIANTE COURTS Articles 233-237 regulate the organisation of these courts. Articles 233 provides that appointments, posting and promotion of any person as District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such state. To be appointed as a District Judge a person must have been for not less than seven years, and advocate or a pleader and is recommended by the High Court for appointment Article 234 provides that appointment of person other than district judges to the judicial services of a State shall be made by the Governor of State after consultation with the State Public Service Commission and High Court.Emergency Provisions Adaptability of consitution in emergent situation is hallmark of India consitution. Emergent situation comprises of extraordinary situation and therefore, calls for extraordinary measures. Largely federal structure of the constitution gets converted to unitary structure. Constitution makers felt it president that in emergency situation the union government should have overriding powers. Keeping in mind adverse situations which over country may fa face the consitution makers incorporated elaborate provisions relating to Emergency. - National Emergency - Failure of constituional machinery in state - Financial emergency National Emergency Article 352(1) provides that if the president is satisfied that a grance emergency exists whereby security of India or any part is threatend by war or external aggression or armed rebillon. The president can issue different proclamation or different ground whether or not any other proclamation is in operation or not. The word armed rebillion was insurted by 44th constitutional Amendement Act 1977 in place of internal disturbance. Naga people's Movement of human Rights vs union of indiaSupreme Court held that the expression internal disturbance has a wider connotation than the expression armed rebillion. This emergency can be proclaimed either for the whole of India or any part of the country. The proclamation of emergency can be made even before the actual occurrence of war, enternal aggrassion or armed rebillion Explanation to Article 352. Article 352(3) provides the athe president shall issue or very a proclamation of emergency only when the decission of union cabinet is communicated to him in writing. Approval by parliament - Article 352(4) provides that the proclamation of emergency must be land before each house of the paliament and its shall cease to operate at the expiration of 1 month. Duration of embergency - Article 352(5) provides that the proclamation emergency once approved by the parliament shall remain in force for a period of 6 months from the dare of passing of second resolution approving the proclamation. Power of Lok Sabha to pass resolution for discontinuance of emergency - Article 352(8) further states that where a written notice signed by not less than 1/10th of the total members of the Lok sabha has been give to 1 - - The speaker, if the house is in session - The president, if the house is not in session. Effect of proclamation of emergencyProclamation of emergency under Article 352 has a wide impart on the federal fabric and power balance union and states Accoding to Article 353(a) the executive power of the center shall extend to giving directions to the state as to the manner in which executive power is to be exercised. When teh proclamation of emergency is in operation only in a part of the territory of india, the executive power of the parliament to give directions under Article 353(a) and 353(b) shall also extend to any state. Article 354 provides that centre can alter distribution of revenue between Union and state. Article 83(2) provides during the operation of proclamation of emergency the president can extend the life of Lok Sabha by a year each time upto a period not exceeding six months after proclamation ceases to operate. Provides to Article 172 provides that the parliament may by law extend the life of the stae legislature by one year each time during can emergency. Article 250 states that the parliament becomes empowered to make a law with respect to any matter in the state list. Suspension of fundamental rights under Article 19 - Position prior to 44th constitutional Amendment 1978 According to Article 358 as soon as proclamation of emergency was made under Article 352 Article 19 was suspended. It must be noted here that Article 19 reminded suspended only til the proclamation of emergency. As soon as the proclamation cease to have effect the legislative enactments passed or executive action taken during the course of emergency Position after 44th constitutional Amendement 1978 - 44th Amendment brought about sweeping changes in law relating to emergency in India. According to amended Article 358 there is an automatic suspension of Article 19 as soon as emergency is proclaimed. Proviso to Article 358(1) provides that where the proclamation of emergency is in operation only in part of India. State of Madhya Pradesh vs Bharat singh 1967 Supreme court held that Article 358 is prospective in nature. It cannot validate a legislative provision which was invalid because of constitutional inhibition before the proclamation of emergency Position after 44th Constitutional Amendment 1978 - 44th Amendment restricted the scope of Article 359. It was amended to provide that the presidental power to suspend the right to move to any Court for the enforcement of fundamental right can not be exercised with respect to the rights guaranted by Article 20 and 21. Article 359(1A) provides that while an order under Article 359(1) is in operation, no fundamental right (except Article 20 and 21) shal restirct the power of the state to make any law or to take any executive action. It means that if the legilature make anylaw or takes executive action which is inconsistent with the fundamental rights. mentioned in the presidential order the same will not be challenged Major points fo difference Between Article 358 and Article 359 (1) Article 19 is suspended automatically after proclamation of emergency on the ground of war or external agrression. (2) Article 19 remains suspended for the whole of duration of emergency (1) There is no automatic suspension of enforcement of other fundamental rights. (2) Enforcement of other fundamental rights remains suspended so long as the president orders. It may be for entire period of emergency Minerva Mills Ltd. vs Union of India Supreme court held that there is no bar to Judicial review of the validity of proclamation of emergency. Failure of consitututional mechenery of state or state Emergency - Article 356 provides for meeting a situtation arissing from the failure of the constututional machinery of the state it provides that if the president, on receipt of the report from the Governor or otherwise, in satisfied that hte situation has arisen in which the government of the state cannot be carried on in according with the constitution, the president may be proclamation -(1) Assume to himself all or any of the power vested in or exercisable by the Governor to anybody or any authority of the state (2) Declare that the powers of legislature of the state shall be exercisable by or under the authority of the parliament. This provision in justified in view of Article 355 which provides that it shall be the duty of the Union of protect every state friom external agression. and internal distrubance and to ensure that the government of every state is carried on in accodance with the provisions of the constitution. Article 356(4) provides that a proclamation once approved by the parliament shall remain in force for a period of six months from date of issue of such proclamation For the further continuance of emergency it must be approved by the parliament each time. Duration of state emergency - 1st proviso to Article 356(4) provides that no such proclamation shal remain in force of a period longer than 3 year Article 356(5) Further provides that a resolution for constinuance of emergency beyond one year shall not be passed the parliament usless:- (1) A proclamation of emergency is in operation in the whole of India or in whole or any part of the state.(2) Election commission certifies that continuance of emergency is necessary on account of difficultes in holdings election to the state Assemblies. Exercise of legislative power - Article 357(1)(a) provider that where a proclamation uncer Article 356(1) declares that the power of the state legisalature an to be exercised by or under the authority of the parliament, parliament can then confer on the president the power of the state legislative to make laws. The president may aslo be authorized by the parliament to deligate the power so conferred to him to any other authority specified by him. Judicial review of proclamation of state emergency Supreme Court State of Rajasthan vs Union of India 1977 observed that hte court could not interfare with teh centre's exercise of power under Article 356 merely on the ground that it embraced politica and executive policy and expediency unless some constitutional provision was being infringed. S.R. Bommai vs Union of India (1994) Supreme court gave a landmark decision on teh Judicial review of the proclamation issued under Article 356. The president exercise his power under Article 356(1) ont he advice of the council of Ministers. The Legisaltive Aseembly of the State does not dissolve automatically on the issuance of hte proclamation under Article 356(1) Rameshwar prasad vs Union of India 2006 Supreme Court held that the Governor while recommeding dissoluting of Assembly has to annes with the report relevant material substantiaing his decision. Financial Emergency Article 360 provids that if the president is satisfied that situation has arrisen whereby the financial stability or credit of India. Freedom of Trade, Commerce and IntercourseIntroduction Economic unity and intigration of the country is considered to be a main sustaining force ofr the stability and process of any county. Consideration makers ensured that vested interrest of states do nso create trade barriers and hance they incoported Article 301 - 305 in the constitution to ensure smooth flow of trade General rules of trade and commerce are laid down under Article 301 and restrictions are laid down in Article 302 - 305Object Atiabari Tea Co.V. State of Assam 1961 Supreme Court Explained ethat eh object behind the provision is to create nad preserve a national economic fiber. It breaks down the border between the states and creates one economic unit. Automobiles Trasport (Rajathan) Ltd V. State of Rajasthan 1962Supreme Court held that in evolving these provisions, the framses of the consitution kept three main Considrations in view, firstly in the larger interest of the country there must be free flow of trade and commerce, secondly regional interest may not be ignored altogether thirdly the centre should have the power of intervention in any case of crises to deal with particular problems which may arise at times. Article 301 provides that subject to other provisions of part XIII, trade, commerce and inercourse throughout the territory of India shall be free. State of Bombay V. R.M.D.C 1957 it was held that protection offered under Article 301 is available to lawful trading activity and does not extend to ectivities which are res extra - commercium. The expression trade commerce and intercourse has been widely interpreted and it would include all activities in relations to buying and selling or the interchange or exchange of commodities and that movement from place to place is the very soul of the trading activity. Regulatory and Compensatory tax -Article 301 does not confer absolute freedom from taxation in respect of trade, comment and intercourse. Laws which are mene regulatory or impose compensatory taxes are outside the scope of Article 301. In determining whether a tax direclty offends against Article 301 movement of goods which are subject to trade must be kept in mind. Article 311 would be an empty one.G.K. Krishnan vs. state of Tamil Nadu 1975Supreme court held that compensatory tax ins not a restriction upon the movement part of trade and commerce. The tax should, however not go buyond a proper recompense to the state for the actual use made of the facilities provided. Jindal stainless vs State of Haryana (2006) overruled Bhagtram's case and held that the test of some connection as propunded by Bhagatram's case is not applicable to the concept of compensatory tax Restrictions upon freedom of trade and commerceArticle 302-305 provide certain restrictions of freedom of trade and commerce :- - Parliament may be law impose restrictions on the freedom of trade and commerce between states in public interest (Art 302) - As a general rule discriminatory of preferential provisions cannot be made Article 303(1) - Non-discriminatory taxes may be imposed by states on goods imported from other states similarly as on goods produced within the State (Article 304(a)) - Reasonable restriction may be imposed by state in public interest [Article 304(b)] - Restriction imposed by existing law and the law providing for the state monopolies to continue except in so far as provided otherwise by and order of the president (Article 305) Article 302 empowers parliament to impose by law such restriction on freedom of trade, commerce and Introcourse between on state and another, or within any part of the territory of India, as may be required in the public interest must be reasonable even through that word in not used in Article 302. Article 303(1) is in nature of exceptiono to Article 302, It restricts the power of parliament and state legislative to impose restrictions on trade and commerce under Article 302. Articel 303(2) provides an exception to article 303(1) Article 303(1) shall prevent the parliament from making any law or, authorizing the making of any discrimination if is declared by such with situation arising from scarcity of goods in any part of the territory of India. This exception is applicable to paliament and not state legislature. Article 304 has two clauses, Each one operates as a proviso to Article 301 & 303. According to Article 304(a) A state legilature may be law impose on goods imported from other state any tax to which similar goods manufactured or produced within that state are subject. Guruviah Naider and Sons v. State of Tamil Nadu 1977 Supreme Court held that the object of Article 304(a) is to prevent discrimination against - imported goods at a rate higher than that bounce by local goods since the difference between the two rates would constitute a tariff wall or fiscal barrier and thus impede the free flow of inter-state trade and commerce. State of Karnataka v. Hansa Corporation 1981 - 463 Supreme Court held that a tax levied within the constraints of Article 304(a) would not be violative of Article 301.Right to Property Property The expression 'property' is indicative and discriptive of every possible interest which the party can have. It embraces within its purview both coporeal and incorpowal rights. Guru Dutt Sharma vs State of Bihar 1961 Supreme Court held that property as legal concept is the sum of a bundle of right which includes right of possession, right to enjoy, right to distroy, right to retain, right ot alienate etc. Before 1987 Article 19(1)(f) and Article 31 governed the law relating to right o property. After independence the primary focus of the government was ro reconstruct the agrarian economy. These legislation led to divesting of property right on large scale consequently it gave rise to litigation.Doctrine of eminet domain State of Bihar vs Kameshwar Singh 1952 Supreme court held that the eminent domain is the power of the sovereign to take property for public use without owner's consent upon making just compensation Article 19(1)(f) and 19(5) Article 19(1)(f) of the constitution guaranted the fundamental right to the citizens to acquire, hold and dispose of property. This right was subject to Article 19(5) which said that nothing in Article 19(1)(f) shall effect the operation of any existing law insofar as it impose or prevent the state from making any law imposing resonable restrictions on the exercise of any right conferred by Article 19(1)(f) in the interest of general public or for the protection of interest of any schedule Tribe. Article 31Article 31 provided that no person shall be deprived of his property save by authority of law. Devarkadas Srinivas Vs Sholapur Spg & wvg. Co. Ltd 1954 Article 31 deals with the concept of eminent domain the court laid down that Article 31(1) & 31(2) together lay down following limitaitons subject to which the state can deprive a person from his property - Such deprivation can only be for public purpose. Compensation has to be paid for the property compulsorily taken by the state. West Bengal V Bale Benerjee 1954 Supreme Court considered the requiredment to apy compensation and held tha legislature must ensure that the compensation must be hust equivlent to what the owner has been deprived of. Article 31-A It was inserted by First constitution Amendement, 1951. The object of this provision was to fully secure the constitutional validity of zamindari oblition and other agrarian and reform legislation. Article 31-A enacts that a law which comes under any of the sub-clauses of Art-31A shall not be open to challege on the ground of contravention of Article 14 or 19. Article 31 B The provision was also inserted by First constitution Amendment 1951. It is a contitutional mechanism to places specified state beyond ay attack on the ground tha thing infringe part IIIof the constitution. Article 31-C The provision was insurted by twenty fifth constitution Amendment, 1971. Originally, it provided that no law giving effect ot the policy of the state towards securing the principal specified in Article 39(b) or 39(C) shall be deemed to be coud on the ground that it is inconsistent with, or, takes away or abridges. any of the rights conferred by Article 14,19 and 31. Keshvananda Bharti Vs. state of kerala 1973 - The upheld the constituional validity of Article 31-C but struck down that part of the Article which ousted the jurisdiction of the court. Ultimately it mean that law enacted implement Articles 39(b) and (C) could not be challenged under Art 14 and 19 but the courts have power to go into the question whether the law in question really achieves there objectives or not Services under Union and states The provision relating to recruitment and condition of service of persons serving the union or states are provided under Act 309 of the constitution. Article 309 provides that parliament or state legislature may regulate the recruitment and conditions of service of person appointed to the public service. Article 313 further lays down that if neither the appropriate legislative has made a law nor the Executive has framed rules. State of west Bengal vs Nirpen Bagchi 1966 Supreme Court held that Article 309 is an enabling provision conferring power on the legislature. The courts or the adminsitrative tribunals cannot issue a mandate to the government to legislater under Article 309. State of haryana vs. Piara Singh 1992 Supreme Court held that to lay down conditions of service is a funcion of executive , subject to law made by appropriate legislature. (i) The Acts and rules must not contravence fundamental rights especially those secured by Article 14,15 and 16. (ii) Power conferred by Article 309 is subject 310(1) which incorporates the doctrine of pleasure. (iii) Article 311 contains procedure safegurad for civil servants and imposes of limitation on power conferred by Article 309. Doctrine of pleasure - Doctrine of pleasure is codified in Article 310(1). It provides that except as expressly provided by this constitution. The Doctrine of pleasure had its origin in common law in England. It is a drawn from a latin phrase durante him placits, which means during - pleasure. Union of India vs Tulsuram Patil (1985) Supreme Court held that doctrine of pleasure is based on public policy public interest and public good insofar as inefficient, dishonest or corrupt person should not continue in service. Limitaltion or Doctrine of pleasure - Supreme Court in State of Bihar v Abdul Majid. AIR 1954 held that a public servant though works at the pleasure of the president or the Governor, but does not work at his mercy. It is evident that the opening words of Article 310(2) enables the president ot the Governor of the state to provide for payment of compensation, if in certain cases, befoe the expiration of the period post in abolished or he is required ot vacate the post. Article 311(2) controls the pleasure of the president or the governor, as the case may be, in regard to the civil servants of the Governement. The pleasure of the president or the Governor is controlled by fundamental right in part III of the consitution . Article 320(3)(C) puts as restriction on pleasure. Constitutional safiguards of civil servants -Article 311 ensures security to the civil servants. State of Assam v. Kanak Chandua Dutta 1967 - Supreme Court held that there must exist a master servant relationship between the state and a person holding post under it. The relationship may be established by the presence of all or some of there Indiacia in conjucion with other circumstances.