Vice President

• Appointed for 5 years
• Ex- officio chairman of council of states (Rajya Sabha)
• 2^nd highest dignitary of India, occupying 2^nd place in warrant of precedence
• Presides over the proceedings of Rajya sabha.

Whenever vacancy occurs in the office of President or President is unable to discharge his duties, Vice President acts as president of India & ceases to perform duties as chairman of Rajya Sabha (During this period, he is entitled to all emoluments & incentives of President)

Qualification for Vice President

• Must be citizen of India
• Must be 35 years of age
• Must not held any office of profit
• Qualified to be elected as a member of Rajya Sabha

Can not be a member of either house of the parliament or state legislature & if a member of parliament or state legislature is elected as Vice President, he ceases to be member of parliament of state legislature from the date he enters upon his office of VP

• Nomination of a candidate for election to the office of VP must be subscribed by atleast 20 electors as proposers & 20 electors as seconders.
• Every candidate has to make security deposit of Rs. 15000 to RBI, stands forfeited if failed to get 1/6^th of the votes polled

VP holds office for 5 years, but if his successor is unable to enter the office, he continues to hold his office beyond the stated period of 5 years until his successor enters upon his office (But election is to be held no later than 60 days of expiry of the term of office of outgoing VP)

Election of Vice President

• Elected indirectly by Electoral College, consisting of all members of parliament (Both elected & nominated) → (State government do not participate in VPs election)
• Election is held in accordance with system of proportional representation by means of single transferrable vote & voting via secret ballot.
• Supreme Court has final & exclusive jurisdiction for resolving disputes & doubts relating to election of Vice President

Oath – Vice President

VP takes oath in presence of President, “to bear true faith & allegiance to constitution of India & to faithfully discharge duties of his office”

Removal of Vice President

• VP can be removed from his office by a resolution raised only in Rajya sabha, passed by effective majority e. Greater than 50% of (Total membership – Vacancy) & agreed upon by simple majority i.e. greater than 50 % of total voting members, of the Lok sabha.
• Prior to passing the resolution in Rajya sabha, a 14 days’ notice should be served to him
• A formal impeachment is not required for his removal as in case of President

Emoluments

• Rent free accommodation from Government
• Annual salary of Rs. 1,25,000 & pension of Rs. 7.5 Lakhs / Annum
• When acts as President, he gets all the allowances, powers, immunities & salary of President

President

• Elected for 5 year term & eligible for re-election
• Executive head of India & all the executive powers of the union shall be vested in him
• Supreme commander of the arm forces
• 1^st citizen of India & occupies 1^st position under warrant of precedence

Executive powers vested in president shall be exercise on advice of COM responsible to the parliament, however, 42^nd amendment made it obligatory for the president to accept advice of COM

Election of President: Article 54

The President of India is elected indirectly by the Electoral College according to secret ballot by the system of proportional representation through single transferable vote.The President of India is elected by an electoral college consisting of:

• Elected members of the two Houses of Parliament and Legislative Assemblies of the States
• States includes national capital territory of Delhi and the Union territory of Pondicherry

Do Not Participate

• Nominated members of both the houses of the parliament & of state legislative assemblies
• All the members of legislative council of states

There shall be uniformity in the scale of representation of the different states at the election of the President as follows:

• Value of vote of an MLA of a state:  (Population of state / Total number of elected members of state legislative assembly) * 100
• Value of vote of an MP: (Total value of votes of MLA’s of all states/ Total number of elected members parliament) * 100

• Hence, value of vote of MLA of UP is highest & value of vote of MLA of Sikkim is lowest
• By 42^nd amendment, census of 1971 was to be followed till 1^st census after 2000, but in 2000, Union cabinet extended the same till 1^st census after 2026 by 81^st amendment 2001

For a candidate to be President, one must fulfill electoral quota

Electoral Quota:  (Total number of valid votes polled / 2) + 1

• Candidate with last position gets eliminated & 2^nd preference of all ballots, who ranked eliminated candidate 1st, is added to all accordingly. This process is followed till someone fulfill electoral quota
• Dispute regarding election of president (Article 71) or vice president is inquired & decided by supreme court whose decision is final
• Article 71 further states that no such disputes can be raised on the grounds of any vacancy in electoral college

Article 58 → Qualification for election of President

• Must be citizen of India
• Must be of 35 yrs of age
• Must be qualified for election for member of house of the people (LS)
• Must not hold any office of profit under Gov. of India or Gov. of any state or any local or other authority

Following persons shall not be deemed to hold any office of profit, hence are qualified for being a candidate for presidential election:

• President
• Vice President
• Governor of any state
• MP / MLA

• Nomination of a candidate for election to the office of President must be subscribed by atleast 50 electors as proposers & 50 electors as seconders
• Every candidate has to make a security deposit of Rs. 15000 in RBI, liable to be forfeited in case candidate fails to secure 1/6^th of the votes polled

Conditions to Presidential Office

• Shall not be member of any house of the parliament or state legislature & if he is, then must vacate the seat
• Shall not held any other office of profit
• Parliament law 2008 : Pay of Rs. 1,50,000 monthly & official residence without pay
• Pension of 9 lakhs / annum

Immunities to the President

• Personal immunity from legal liabilities for his official acts
• Immune from any criminal proceeding during his terms of office means can not be imprisoned or arrested , However, civil proceedings can be instituted in his term of office w.r.t his personal acts, giving 2 months of notice prior to the proceedings

Oath by President (Article 60)

• President takes oath in presence of chief justice of Supreme Court “ To preserve, protect & defend the constitution & law”

Terms of office of President (Article 56)

• President shall hold the office for terms of 5 years from the date he enters upon his office. Even after expiry of his terms, he shall continue in office untill his successor enters upon his office
• May resign his office before the expiry of his normal terms of 5 years by writing to the vice president

Article 61 (Impeachment of the President)

Power of impeachment of president lies in parliament only for violation of the constitution & can be removed from his office before the period of 5 years (Quasi-judicial process)

• Impeachment resolution can be initiated in any house of the parliament
• Resolution initiated must be signed by 1/4^th of the candidate of the initiating house
• Before the resolution is passed , a 14 days’ notice must be given to the president
• Such a resolution must be passed by majority of not less than 2/3^rd of total membership of the initiating house
• Then the other house of the parliament also called investigating house investigates the charges by itself
• President has the right to appear & to be represented at such investigation to defend himself
• If as a result of investigation, other house also passes a resolution supported by not less than 2/3^rd of total membership of the house, President stands removed from his office, from the date investigating house passed the resolution
• Other than impeachment, no other penalty can be imposed on the president for violation of the constitution

Process of impeachment of President is deficient on following accounts:

• Term ‘violation of constitution is very vague term & has not been defined anywhere in the constitution’
• Elected members of legislative assemblies have no role to play in impeachment proceeding while they have a role in election of the president
• Nominated members of parliament have the right to deliberate & vote when the resolution of impeachment is under consideration while they have no vote in election of president
• Procedure & authority to investigate the charges against president have not been specified nor any definite time period has been specified

Vacancy in President’s Rule

• In case, office of president falls vacant due to death, resignation or removal of President, Then Vice president or in his absence Chief justice of India or in his absence Senior most judge of SC becomes the president until next elections are held & new president assumes the office
• President’s office can remain vacant for max. of 6 months
• If president is not able to discharge his duties due to sickness or absence or due to any other reason than the vice president discharges the functions of President (VP is entitled to the same allowances & privileges of President during this period)

Article 53: Executive powers of the union shall be vested in president & shall be exercised by him either directly or indirectly or through officers subordinate to him, But always in accordance with the constitution
Executive powers → Powers of carry out administration of affairs of the state, except functions of legislature & judiciary

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Administrative Powers of president

Powers to appoint

• Prime minister of India
• Attorney General of India
• Comptroller & Auditor general of India
• Judges of Supreme Court & High court
• Governor of the states
• Finance commissioner & its members
• Members of UPSC & Joint commissions for group of states
• Chief election commissioner & its members
• Chairman & members of SC & ST of commissions

• In fact every appointment of union government is made in the name of president or under his authority.
• He directly administers the Union territories through administration appointed by him
• President can declare any area as scheduled area & has powers w.r.t administration of schedule areas & Tribal areas.

Power to remove

• His ministers’ individually
• Attorney general of India
• Governor of the state
• Chairman of UPSC or state administration on report of SC
• Judges of SC or HC
• Chief election commissioner
• Comptroller & auditor general of India
• Finance commissioner

(Removal mainly based on the address of the parliament)

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Legislative Powers

• Summons the houses of parliament atleast twice a year, Prorogue either house & can dissolve Lok sabha
• Nominates 12 members of Rajya Sabha & may nominate 2 representatives of Anglo Indian community to Lok Sabha
• May address either house seperately or jointly or can send messages to them. At the commencement of 1^st session of parliament annually, President delivers an address corresponding to queens speech from the throne in British parliament
• Every bill passed by parliament must receive presidential assent before it can become an act. President may give his assent or withhold or return it for reconsideration along with his own suggestions ( Except money bill and constitutional amendment bill)
• But if the bill is passed again with or without the amendments President is bound to give his assents to it

President makes certain reports & statements to be laid before parliament as stated below:

• Annual financial statement (Budget) & supplementary statement
• Auditor General Report relating to accounts of government of India
• Recommendation made by finance commission
• Report of UPSC, explaining the reasons where any advice of the commission has not been accepted
• Report of National commission for SCs & STs
• Report of special officers for linguistic minorities

Certain bills (Bill for formation of new states or alteration of boundaries of states, money bill, financial) needs presidential recommendations for introduction in parliament

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Veto powers of the President

Absolute Veto: Power of president to withhold his assent to a bill passed in parliament. The bill then ends & does not become an act. If before passing assent to a bill, ministry resigns & a new COM is  formed, then on its advice President can use his veto powers against the bill . (In 1954, Rajendra prasad withheld his assent to PEPSU appropriation bill)

Suspensive Veto: Power of president to return a bill passed in parliament for reconsideration (except money Bill)

Pocket Veto: No time frame for President to give his assent or refuse i.e. pocket a bill for infinite times (Not for constitutional amendment bill as 24^th amendment 1971, made it obligatory for the president to give his assent to constitutional amendment bill

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Ordinance making powers of the President

Ordinances – interim or temporary legislation laws → President can issue ordinances only on subjects’ parliament can legislate or make laws with same limitations as of parliament
President promulgate ordinances (authoritive order) under article 123 mainly when either or both the houses of parliament are not in session & immediate action is needed
A Presidential ordinance has same force & effect as an act of parliament. However, it must be laid down before both the houses of the parliament & must be approved by both the houses within 6 weeks from re-assembly of houses. Failure to comply with this condition or parliamentary disapproval within 6 weeks period will make ordinance invalid

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Judicial Powers (Basically Pardoning Powers)

• Where the punishment or sentence is by court martial
• Where the punishment is for offence against union law
• In all cases where sentence is death sentence “Only authority for pardoning a death sentence”

Pardon: Can rescinds both conviction & sentence + can absolve the offender from all offences & disqualification
Reprieve: Can make stay of execution of a sentence (esp. of death) for pardon or commutation
Remission: To reduce amount of sentence without changing its character (ex. 6 months for 1 yr)
Respite: Awarding a lesser sentence instead of a prescribed penalty in view of special facts (ex. in case of pregnant women offender)
Commutation: Substitutes one form of punishment for another or lighter character

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Emergency Powers

National Emergency → Article 352 → On grounds of threat to security of India or any part of it , By war, external aggression or armed rebellion
Presidential Rule → Article 356 → Proclamation for taking over the administration of a state, when state government can not carry out administration in state in accordance with provisions of the constitution
Financial Emergency → Article 360 → When financial stability of credit of India or any part thereof is threatened

“Any proclamation under the emergency powers of the president, in order to be in operation beyond a certain period, should be approved by parliament within the period so specified by parliament”

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Financial Powers

• It is only on the permission of president that annual financial statement (Budget) is laid down before the parliament
• Recommends the introduction of money bill & financial bill in parliament
• Constitutes finance commission after every five years
• Controls contingency fund for unforeseen expenses like flood, drought, war etc.
• Places report of CAG before parliament & recommendations of Finance commission

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Military Powers

• Supreme commander of armed forces
• Has power to declare war & peace
• But, His military powers are subjected to the regulations of law, therefore, parliament has the real power to regulate or control the exercise of such powers

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Diplomatic Powers

• Sends & receive ambassadors & other diplomatic representatives
• All treaties & international agreements are negotiated & amended in the name of president, though subjected to ratification by parliament 

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President’s Position

• Whenever constitution requires the satisfaction of the president, it is not his personal satisfaction, but is the satisfaction of COMs
• It is obligatory for the president to always have a C.O.M
• Even after dissolution of lower house (Lok Sabha) of parliament, COMis in existence to aid & advice the president in exercise of his executive powers
• If he ignores the advice of COMs or acts contrary to advice of COMs, he can be impeached for violation of constitution

42^nd amendment, 1976 →Amended article 74 & made advice of COMs binding for the president
44^th amendment 1978   → Further amended 74^th article that President may require COMs to reconsider an advice, but is bound to act after reconsideration
Though president is not connected with decision making power of the cabinet, yet article 78 A, casts on PM to keep President informed of all cabinet decisions, concerning administration of affairs of the union & proposal for legislation.Under some circumstances, president has to act as per his own wisdom, sense of justice & discretion:

• Appointment of PM, under situation when no single political party commands clear majority support of lok sabha
• Appointing a PM in case of vacancy due to sudden death & availability of no acknowledged leader, due to inability of legislature party to do so and absence of settled seniority among cabinet members; name of PM is proposed from outside
• Dissolution of Lok sabha on advice of COMs which has lost the support of majority members of lok sabha or against whom a motion of no confidence has been passed
• Dismissing ministries, in case COMs has lost the confidence of lower house of the parliament but still refuses to resign

Fundamental Duties were added to Indian constitution by 42^nd amendment in 1976 on recommendations of Swarn singh committee



Initially 10 Fundamental Duties were added under article 51 A in part 4 – A through 42 amendment, Later via 86^th amendment 11^th Fundamental Duty was added in 2002
Fundamental Duties are basically statuary duties & are enforceable by law (Means violation of these duties can be met with punishment as prescribed by legislature of India)

a) To abide by the Constitution and respect the National Flag and the National Anthem; b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
c) to uphold and protect the sovereignty, unity and integrity of India;
d ) to defend the country and render national service when called upon to do so;
e ) to promote harmony and the spirit of common brotherhood amongst all people of India, transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
f ) to value and preserve the rich heritage of our composite culture;
g ) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures;
h ) to develop the scientific temper, humanism and the spirit of inquiry and reform;
i ) to safeguard public property and to abjure violence;
j ) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.“
k ) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

An analysis of the above duties reveals that they are applicable only to citizens and not to the aliens & expected that a citizen of India while enjoying fundamental rights, should also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet, the courts are guided by these duties while interpreting various laws

• Addition of Fundamental Duties along with exceptions to FR’s limits the operation & free enjoyment of FR’s
• Some of the duties are very difficult to comprehend & also do not appear to be capable of legal enforcement but only best regarded as directory to Indian citizens

Part IV of the Indian Constitution deals with Directive Principles of our State Policy (DPSP).
The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.


The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While most of the Fundamental Rights are negative obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a court of law.

Article 36: Definition

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

Article 37: Application of the principles contained in this Part

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Article 38: State to secure a social order for the promotion of the welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing –
(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; 
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 39A: Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 40: Organisation of village panchayats

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Article 41: Right to work, to education and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 42: Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane conditions of work and for maternity relief.

Article 43: Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A: Participation of workers in management of industries

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry.

Article 44: Uniform civil code for the citizen

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Article 45: Provision for free and compulsory education for children

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

Article 48: Organization of agriculture and animal husbandry

The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife

The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

Article 49: Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Article 50: Separation of judiciary from the executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51: Promotion of international peace and security

The State shall endeavour to –
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and
(d) encourage settlement of international disputes by arbitration.

 

Img Source: lawnn.com

Basics of the Fundamental Rights

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Why the Fundamental Rights are Fundamental?

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Originally, the Constitution provides for Seven Fundamental Rights:

1. Right to Equality (Articles 14 to 18)
2. Right to Freedom (Articles 19 to 22)
3. Right against Exploitation (Articles 23 to 24)
4. Right to Freedom of Religion (Articles 25 to 28)
5. Cultural and Educational rights (Articles 29 to 30)
6. Right to property (Article 31) : It was deleted by the 44th  Amendment Act 1978. IT is made under legal right under Article 300-A in Part XII of the Constitution.
7. Right to Constitutional Remedies (Article 32): According to father of Indian Constitution Dr. B.R. Ambedkar, Right to enforce Right since itself is fundamental, supreme court can not refuse you to entertain the Right.

 So at present, there are only Six Fundamental Rights.

Features of Fundamental Rights

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Article - 33 : Armed Forces & Fundamental Rights

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Article - 34 : Martial Law

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Difference with respect to National Emergency

• Martial law affect only Fundamental Rights, while national Emergency is broader in scope affecting Centre State Relationship, Fundamental Rights, Legislative powers, Revenue distribution.
• Military law suspends ordinary law, But courts and government continues in National Emergency.
• Martial law imposed to restore the breakdown of law and order due to any reason, while National Emergency can be imposed only on three grounds (Article 352) i.e. War, External aggregation or Armed rebellion.
• Martial law is always imposed only in some area of the country but National Emergency can be in some area or the entire country.

Article 35 : Laws for Effecting Fundamental Rights

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• Prescribing residence as a condition under Article 16.
• Empowering courts other than the Supreme Court and the High Courts to issue directions, orders and writs of all kind for the enforcement of fundamental rights (Article 32).
• Restricting or abrogating the application of Fundamental Rights to members of armed forces etc. (Article 33)
• Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).

Parliament can also make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights. These include the following:

• Untouchability - (Article 17)
• Traffic in human beings and forced labour - (Article 23)
• Law before independence will continue as such

Definition of State : (Article - 12)

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Article - 13 : Laws inconsistent with Fundamental Rights

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Law:

• Permanent laws enacted by the Parliament or the State Legislatures'
• Temporary laws like ordinances issues by the president of the state governors;
• Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
• Non-legislative sources of law, that is, custom or usage having the force of law.

Article - 13: with respect to Constitutional Amendment Act

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Article - 32: Right to Constitutional Remedy

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Article 32 contains the following four provisions:

• The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
• The Supreme Court shall have power to issue directions or orders or writs any of the fundamental rights.
• Parliament can empower any other court to issue directions, orders and writs of all kinds (not HC, already under 226).
• The right to move the Supreme Court shall not be suspended except by President during a national emergency (Article 359).
• Supreme Court has been vested with the 'original' (direct approach with or without appeal) and 'wide' (not only orders, directions but also writs) powers for to provide a guaranteed, effective, expedious, inexpensive and summary remedy for the protection of the fundamental rights.
• Only Fundamental Rights can be enforced under Article 32 and not any other like non-fundamental constitutional rights, statutory rights, customary rights etc.
• Jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court Article 226. (direct approach to High Court or Supreme Court). Where relief through high court is available under Article 226, the aggrieved party should first move the high court.

Writs are total five in number:

• Supreme Court (32) and the High Court (226) can issue writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
• Parliament (under Article 32) can be empower any other court to issue these writs (not done till date).
• Power with respect to writ jurisdiction
  • Limited to fundamental rights for supreme court (narrower), but both fundamental rights and Legal rights for High Courts.
  • For Supreme Court territory is wider as includes entire India
  • High Court may refuse to issue writs and 226 is not fundamental right, but Article 32 being a fundamental right itself, Supreme Court cannot (Hence, Supreme Court is ultimate defender and guarantor of fundamental rights.

1. Habeas Corpus: 'to have the body of'. Order issued by the court to a person who has detained another person, to produce the body of the latter before it. Examines the cause and legality of detention. Set free it detention is found to be illegal. Protection of individuality liberty against detention.
   • It is both against State and Private Citizen and Principle of Locus Standi does not apply. Writ is not issued (a) lawful, (b) contempt of a legislature or a court, (c) detention is by a competent court, (d) outside the jurisdiction of the court.
2. Mandamus: 'we command'. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
   • Filed only by aggrieved person (Principle of Locus Standi applies).
   • The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president, governor, chief justice of a high court acting in judicial capacity.
3. Prohibition: 'to forbid'. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding/usurping its jurisdiction.
   • The writ of prohibition can be issued only against judicial and quasi-judicial authorities.
4. Certiorari: 'to be certified/informed'. It is issued by a higher to a lower court/tribunal either to transfer a case or to squash the order. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
   • Till recently, the writ of certiorari could be issued against judicial, quasi-judicial authorities and administrative authorities. Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.
5. Quo-warranto: 'by what authority or warrant'. It is issued by the court to enquire into the legality of claim of a person to a public office, preventing illegal usurpation of public office by a person.    
   • The writ can be issued only in case of a substantive public office of a permanent character created by a statue of by the Constitution. It cannot be issued in cases of ministerial office or private office.

Present Position of Right to Property

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• It can be regulated i.e. curtailed, abridged or modified merely by an ordinary law of the Parliament (no CAA needed).
• Protection only against executive action (not legislative).
• No Guaranteed right to compensation in case of acquisition or requisition of the private property by the state.

But since the law has been introduced now; so it cannot be done.

What is the Exception to state acquisition

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These are the two cases where compensation is guaranteed in case of acquisition requisition of the private property by the Stat are:

• Whe the State acquires the property of a majority educational institution (Article 30); and
• When the State acquires the land by a person under his personal cultivation and the land is within the statutory ceiling limits (Article 31 A).

List of the Articles 12-35

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12. Definition of State
13. laws inconsistent with or in derogation of the Fundamental Rights.
Right to Equality
14. Equality before law
15. Prohibition of discrimination on grounds of religion, race, caste, sex or birth place
16. Equality of opportunity in matters of public employment
17. Abolition of untouchability
18. Abolition of titles
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
21A. Right to education
22. Protection against arrest and detention in certain cases
Right Against Exploitation
23. Prohibition of traffic in human being and forced labour
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion
26. Freedom to manage religious affair
27. Freedom as to payment of taxes for promotion of any particular religion
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights
29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions
31. Compulsory acquisition of property - (Repealed)
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive principles
31D. Saving of laws in respect of anti-national activities - (Repealed)
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this part
32A. Constitutional validity of State laws not to be considered in proceedings under Article 32 - (Repealed)
33. Power of Parliament to modify the rights conferred by this part in their application to forces, etc.
34. Restriction on rights conferred by this part while martial law is in force in any area
35. Legislation to give effect to the provisions of this part

Article 14 - Equality before Law and Equal Protection of Laws

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There is not a fundamental difference in the motive, motive is to upheld laws and the natural justice. However, there is a fundamental difference in the way they approach it.

• State shall not deny to any person (means legal person and includes citizen, foreigners, corporation, companies, registered societies) equality before the law or the equal protection of the laws within the territory of India. (Rule of Law: basic feature of Indian Constitution, hence no amendment).
• Equality Before Law: (a) Absence of any special privileges, (b) all persons are subjected to the same ordinary law of the land administered by ordinary law courts, and (c) no person (whether rich or poor, high or low, official or non-official) is above the law.

So, these are the provisions of Equality before Law and it is also called as Rule of law.
Equal Protection of Law
Exceptions

• President and Governor (Article - 361)
• not answerable to any court for the exercise of the powers and duties of their office
• no criminal proceedings or arrest warrant against them while they are in office
• 2 months notice before civil proceeding

Article - 15

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Exceptions

• Special provision for women and childlen. For e.g., reservation of seats for women in local bodies or right to education.
• The state is permitted to make any special provision for the advancement of any socially and any educationally backward classes of citizens or foe the SCs and STs. For example, reservation of seats or fee concessions in public educational institutions.
• The state is empowered to make any special provision for the advancement of any SEBC/SCs/STs regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.

Article - 16: Equality of Opportunity in Public Employment

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Article - 17 : Abolition of Untouchability

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Absolute right (can't be suspended at any time, available against private individual also, no exception). Untouchability is not be taken literally but the practice as it had developed historically in the country, imposing social restriction on certain classes of persons by reason of their birth in certain castes.

• Preventing any person from entering any place of public worship or from worshipping therein;
• justifying untouchability on traditional, religious, philosophical or other grounds;
• denying access to any shop, hotel or place of public entertainment;
• insulting a person belonging to scheduled caste on the ground of untouchability;
• refusing to admit persons in hospitals, educational institutions or hostels established for public benefit;
• preaching untouchability directly or indirectly; and
• refusing to sell goods or render services to any person.

Article - 18 : Abolition of Titles

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It abolishes titles and makes four provisions in that regards:

1. State can't confer any title (except a military or academic distinction) on anyone.
2. No citizen of India shall accept any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president.
4. No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument or office from or under any foreign State without the consent of the president.

Right to Freedom

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(a) Right to freedom of speech and expression: Every citizen can express his belief and opinions by almost any means possible. Broad interpretation and includes: Propagate other's view, press, commercial advertisements, telecasting, RTI, silence, peaceful demonstration; freedom against strike, pre censorship, telephonic tapping, bandh etc.
(b) Right to assemble peaceably and without arms; public meetings, demonstrations and take out processions, no right to strike.

• Under Section 144 of CrPC, a magistrate can restrain an assembly if any unlawful activity is suspected.
• Under Section 141 of IPC, as assembly of 5 or more persons becomes unlawful it the object is (a) to resist the execution of any law or legal process; (b) to forcibly occupy the property of some person; (c) to do an illegal act; and (e) to threaten the government or its officials on exercise lawful powers.

(c) Right to form association or union or co-operative societies [ 97th CAA IXB 43B 19(1)(c) ]: includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions etc. Start and continue. Also negative right.

• The Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out.

(d) To move freely throughout the territory of India: throughout the territory of the country, inter or intra state. Indian citizen and not state citizen. Thus, the purpose is to promote national feeling and not parochialism.

• Prostitutes and AIDS
• The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
• Internal Travel (given by Article 19) External Travel (given by Article 21)

Reasonable Restriction

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GENERAL : SUI of India, security, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
SPECIFIC : Movement and residence - interest of general public and STs; Trade, business - professional or technical qualifications and partial or complete monopoly of state over means of production or service delivery.
 

• The judicial system in India contains a hierarchy of courts, where the Supreme Court is the apex court of India. 
• Besides, some constitutional and other independent statutory bodies, for example, the Election Commission has also been given independent power.
• The distribution of power among different bodies in such a way ensures that even if one institution wants to subvert the Constitution, others can check its transgressions and maintain harmony.

Village Courts In India

Why Gram Nyayalayas are in news now?

The Need for Gram Nyayalayas

Salient features of the Gram Nyayalayas Act

Establishment

Jurisdiction

• They can try criminal offences specified in the First Schedule and civil suits specified in Second Schedule to the Act.
• The Central as well as the State Governments have been given the power to amend the First Schedule and the Second Schedule of the Act.
• The pecuniary jurisdiction of the Nyayalayas is fixed by the respective High Courts.

Summary Procedure

Appeal

Need for Gram Nyayalayas

• devolving justice delivery to the fourth tier
• ensuring equal access to justice
• reducing the burden of district courts
• delivering speedier justice
• reducing the costs associated with litigation for the common man
• reducing dependency on extra-constitutional forums of justice

Why Gram Nyayalayas are not operational?

• Lack of infrastructure like buildings, office spaces and related equipment
• Lack of man-power resources, notaries, stamp vendors etc. at sub-district level
• Inadequate Central assistance
• Lack of awareness among lawyers, police officials
• Non-cooperation of enforcement agencies
• The reluctance of state functionaries to invoke the jurisdiction of Gram Nyayalayas
• Setting up of legal services institutions at Taluk level reducing the dependency on Gram Nyayalayas

Criticisms on Gram Nyayalayas

• The number of disputes settled by Gram Nyayalayas are negligible and most are referred to District forums by appeal. Hence, they are not effective in reducing the burden of District Courts.
• Absence of a regular cadre of Gram Nyayadhikari
• Ambiguities regarding jurisdiction due to the parallel existence of alternate dispute mechanisms, tribunals, adalats etc.
• Some Gram Nyayalayas are located at cities and towns which doesn’t provide any utility to villagers.
• Inadequate awareness amongst various stakeholders

How to improve the functioning of Gram Nyayalayas?

• Establishing a regular cadre of Gram Nyayadhikaris
• Conducting procedures in local language and with simpler procedures
• Creating awareness amongst stakeholders via seminars, press releases etc.
• Establishing permanent Gram Nyayalayas at the intermediate level in a suitable location proving easy access to the common people
• Clearly specifying the jurisdiction of Gram Nyayalayas and re-defining it to remove any ambiguities
• Providing building, staff etc. for Gram Nyayalayas and provisioning them in the state budget

Conclusion

UPSC Civil Services Examination Question on Gram Nyayalayas

1.  As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators/reconciliators.

Areas of Focus in Polity:

• Features of preamble
• 42nd Amendment
• Swaran Singh committee

• Basic idea about 12 schedules

• Basic idea about All articles
• Historical Background
• Drafting committee and making of the Constitution
• Influence of other constitutions
• Its salient features
• Union and its Territory
  • Basic idea about Article 1-4
  • State reorganization and different Commissions
  • Federal nature
  • Recent issues

• Citizenship
  • Basic idea about Article 5-11
  • PIO, NRI, OCI and Pravasi Bharathiya Divas
  • Privileges available for Indian citizens and foreigners
  • Citizenship Amendment Act 2016
  • New policies, schemes and recent changes in voting.

• Fundamental Rights (FR)
  • Basic idea about Article 12-35
  • A thorough understanding about Articles 14- 30 and Art. 32
  • Rights and privileges available to citizens of India only and both to citizens and foreigners
  • 44^th amendment act
  • Different types of Writs
  • Enforcement and Exceptional cases with regard to FR’s
  • RTE and recent issues related to FR

• Fundamental Duties(FD)
  • Article 51A
  • Difference between FR and FD
  • Significance and Criticism
  • Enforcement of FD’s
  • Recent issues about FD

• Directive Principles of State Policy (DPSP)
  • Basic idea about Article and Article 36-51 and Article 368
  • Sources and key features of DPSP
  • Classification of DPSP
  • Comparison/ conflicts between Fundamental Rights and Directive Principles
  • Keshavananda Bharathi, Minerva Mills, Golaknath Case, Maneka Gandhi case.
  • Important Amendments- 42nd Amendment, 44th Amendment, and 97th amendment

• Union
  • Basic idea about Article 52-73
  • Qualification and Election
  • Function and Powers- (Executive, Legislative, Financial, Judicial, Diplomatic, Military and Emergency Powers)
  • Resignation and impeachment
  • Role and responsibilities and relationship with Prime minister, Council of Minister, Cabinet ministers.
  • Prime minister and council of minister- Basic idea about Article 74-75
  • Powers and Functions
  • Council of ministers
  • Resignation and Removal
  • Attorney general

• Parliament
  • Basic idea about Article related
  • Role and functions of the Parliament
  • Sessions, Motions, Parliamentary procedure – Summoning, Prorogation, Joint sitting
  • Parliamentary proceedings like Question Hour, Zero Hour, and Adjournment Motion etc.
  • Lok Sabha and Rajya Sabha,
  • Special powers of Rajya Sabha
  • Anti defection law and 10^th schedule
  • Parliamentary Privileges
  • Bill and law making procedure
  • Budget, funds and its summary
  • Parliamentary Committees

• Judiciary
  • Basic idea about Article related to the judiciary.
  • Powers of Supreme court and high court
  • Qualification and appointment
  • Removal procedure
  • Recent controversy, verdicts, and constitutional provisions.

• State Government- State Executive
  • Governor- appointment, removal and special powers.
  • Executive, Legislative, Financial, Judicial powers and discretionary of governor
  • 7^th constitutional amendment
  • Chief minister and council of ministers
  • Power of chief minister

• State Legislature
  • State legislature compared to the Parliament with regard to composition, powers, and functions.
  • Bicameral legislatures
  • Creation and abolition of the Legislative councils

• Administration of Union Territories (UT)
  • Special provision for Delhi
  • Administration and jurisdiction in UT’s

• Administration of Special Areas
  • Basic idea about 5^thSchedule 6th Schedule
  • Recent issues related to Administration of Special Areas
  • Special provision for Jammu and Kashmir-Article 370
  • Difference between constitutional provisions related to Jammu and Kashmir

• Emergency Provisions
  • National emergency- Article 352
  • President’s rule or State emergency- Article 356
  • Financial emergency- Article 360
  • 44^th amendment act
  • Effects and implications of emergency
  • Role of President in emergency time
  • The State of FR, Lok sabha, and Rajya sabha
  • Revoking emergency

• State- centre and interstate relations
  • Basic idea about Articles 262 and 263
  • Composition and functions of Interstate council and Zonal council
  • Inter-State trade and Commerce
  • Recent disputes between states, controversies etc
  • New policies or schemes which impact interstate relations

• Panchayati raj and municipalities
  • Elections, auditing, powers and authority of panchayats
  • 3 tier structure
  • 73rd Amendment Act and 74th Amendment Act
  • Relation with FR and DPSP
  • Schemes introduced
  • Metropolitan planning committee and urban development
  • Reservation

• Constitution Bodies
  • Election Commission
  • UPSC
  • SPSC
  • JPSC
  • Finance Commission
  • National Commission for SCs and ST’s,
  • Composition, Powers and functions, Removal of the Constitutional bodies

• Non-Constitutional Bodies
  • Basic idea about Composition, Functions, Working of the Non-Constitutional bodies such as National Human Rights Commission, Central Information Commission, Central Vigilance Commission, Central Bureau of Investigation, State Human Rights Commission, State Information Commission etc

• Tribunals
  • Basic idea about Article 323A and tribunals under Article 323B
  • Recent controversial issues related to tribunals
  • Different tribunals and importance

• Special Provisions for SC’s, ST’s, Backward Classes, Minorities and Anglo-Indians
  • Privileges and right issued to SC’s, ST’s, Backward Classes, Minorities and Anglo-Indians
  • Issues related to vulnerable sections like women, child, SC’s, ST’s, Backward Classes, Minorities and Anglo-Indians

• Current affairs
  • Recent issues related to above-mentioned categories
  • Important schemes, programs, missions, laws, and policies launched by the government.
  • Recent Government Bills and Governance- actions