Contents1 - Historical Background.........................................................................................................................1

2 - Making of the Constitution.................................................................................................................4

8 - Directive Principles of State Policy......................................................................................................7

Features of the DPSP...........................................................................................................................8

Classifications of DPSP.........................................................................................................................8

Implementation of Directive Principles.............................................................................................11

9 - Fundamental Duties.........................................................................................................................11

12 – Federal System...............................................................................................................................13

24 - Governor........................................................................................................................................15

Part X – Political Dynamics........................................................................................................................17

59 - Political Parties...............................................................................................................................17

60 - Elections.........................................................................................................................................19

Part I – Constitutional Framework

1 - Historical Background

East India Company

- Arrival – 1600 as traders- Exclusive right of trading in India under a charter granted by Queen Elizabeth 1- 1765, EIC got ‘diwani’ rights (rights over revenue and civil justice) of Bengal, Bihar and Orissa- After 1857, British crown – direct responsibility over governance of India

Need for constitution

- MN Roy (pioneer of communist movement in India and an advocate of Radical Democratism) 1st suggested formation of Constituent Assembly in 1924

- Brit Rules and Regulations for control and admin of India ultimately influenced the constituion

The Company Rule (1773-1858)

Regulating Act of 1773

- 1st step taken by Brit Govt to control and reglate EIC wrt political, administrative functions of the company

o Laid the foundations of central administration in India- Features

o Designated the Gov of Bengal as GG of Bengal and Exec Council of 4 members to assist him

1st GG = Lord Warren Hastingso Gov of Bombay and Madras subordinate to GG of Bengal

Earlier the 3 presidencies were independent of each othero SC at Calcutta (1774) = 1 CJ + 3 Jo Prohibited the servants of company from engaging in any pvt trade/presents/bribes

from/with nativeso Gov Body of EIC to report revenue, civil and military affairs to britGovt – strengthened

control

Pitt’s India Act of 1784

- Rectify defects of Regulating Act of 1773, Brit passed Act of Settlement in 1781. After that came Pitt’s India Act

- Featureso Distinguished between commercial and political functions of the companyo Allowed the court of directors to manage the commercial affairs but created a new body

called board of control to manage the political affairs --- Established Double Government

o Board of Control to look into all matters of civil, military operations and revnues- Significant for 2 reasons

o 1st time company’s territories called ‘British Possessions in India’o British Govt given supreme control over company’s affairs and its admin

Charter Act of 1833

- Final step towards centralization in Brit India- Features

o GG of Bengal – GG of India Vested in him all civil and mil powers GOI authority over all territorial area possessed by British in India Lord William Bentick, 1st GG of India

o GG given exlusive legislative powers for the entire Brit India Laws made under prev acts – regulations, from now on they were called as Acts

o Ended activities of EIC as a comerical body, now a purely administrative bodyo Open competition for selection of civil servants

Had a provision for Indians to be considered for all offices under the company but provision was negated after opposition

Chater Act of 1853

- Last of the Charter Acts- Features

o Separated the legislative and executive functions of the GG’s council Addition of 6 new members called legislative councilors GG’s Leglislative council now known as Indian (Central) Legislative council Mini-parliament adopting the same procedures as Brit Parliament

o Open competition for civil servants Macaulay Committee (the committee on the Indian civil service) in 1854

o Extended the company’s rule on trust for the British Crown Rule could be terminated any time as no time period given

o Local rep in the Indian Legislative council Out of 6 new members, 4 appointed by local govts of Madras, Bombay, Bengal

and Agra

Govt of India Act of 1858

- Abolished the EIC and transferred the powers of govt, territories and revenues to the British Crown

- Featureso India governed under the name of Her Majesty

GG name changed to viceroy who is the direct representative of the British Crown

Lord Canning 1st viceroyo Ended double govt by abolishing Board of Control and Court of Directorso New office, SEcy of State for India with complete authority and control over Indian

admin Member of British cabinet and responsible to Britsh Parliament

o 15 member Council of India to assist Secy of State -- chairman- This act largely confined to the improvement of the admin machinery by which the Indian Govt

was the supervised and controlled in England

Continue updating this drag of a chapter

2 - Making of the Constitution

Idea of constituent assembly 1st put forward by MN Roy (pioneer of communist movement in India and advocate of radical democratism (focus on difference and challenging oppressive power relations to build consensus as in liberal democracy)) in 1934

1935 – INC officially demanded Constituent Assembly to frame constitution of India

1938 – JLN – CA members elected to basis of adult franchise

August Offer of 1940 – Demand accepted by Brit Govt

o In return for INC support for Britain during WW2o Rejected by INC

1942 - Sir Stafford Cripps –member of Brit cabinet present draft proposal on the making of const after the end of WW2

o Rejected by Muslim League – Wanted India to be divided into two automous states with two separate CAs

o Wanted something to offer to India to ensure their loyalty and support for the British

Cabinet Mission sent to India which rejected the idea of2 CAs but satisfied the Muslim League

Composition of the Constituent Assembly

- Constituted in 1946 under scheme by Cabinet Mission Plan- Features

o Total Strength – 389 296 to be allotted to Brit India

292 to be drawn from 11 Governors’ provinces 4 from chief commissioners’ provinces (egBalochistan, Coorg)

93 to Princely Stateso Each Province and princely state to be allotted seats in proportion to the respective

population 1 seat for every million population

o Reps of each community were to be elected by members of that community in that prov legislative assembly

Voting through method of proportional representation by means of single transferable vote

o Reps of Princely states – nominated by heads of princely states- CA partly elected and partly nominated body- Elections for 296 seats to CA done in July – Aug 1946

o INC won 208, ML won 73o 93 for princely states didn’t fill up as some of them decided to stay away

- MKG and Jinnah not part of CA

Working of the CA

- 1st meeting – Dec 9, 1946o ML boycotted meetingo Attended by only 211 members

- Dr. SachchidanandSinha, oldest member, elected temp Prez of Assembly, following French Practice

- Later, Rajendra Prasad elected Prezo HC Mukherjee VPo BN Rau, Const Advisor

- Objectives Resolutiono JLN moved this historic resolution on Dec 13, 1946o Laid down fundamentals and philosophy of the const structure

Sovereignity Territory Federal Structure Deomcracy Fundamental Rights Safeguards for minorities Promotion of World peace and welfare of mankind

o Resolution unanimously adopted by CA on Jan 22 1947o Influenced the eventual shaping of the consto Modified version forms the Preamble

Changes by the Independence Act

- Reps from princely states gradually joined it after acceptance of Mountbatten plan of 1947- ML members from Indian dominion also joined assembly- Independence act made 3 changes

o CA fully sovereign body, could make any law it pleases Can alter any law made by British Parliament

o CA also made a legislative body (1stparliamanet of free India (dominion legislature) 2 separate functions assigned Performed on separate days Whenever it met as the constituent body, chaired by Raj Prasad Whenever it met as leg body, GV Mavlankar chairperson This continued till nov 26,1949

o ML members from Pak withdrew from CA Total strength came down to 299

Other functions performed

- Ratified India’s membership of commonwealth – may 1949

- Adopted National flag – july 1947- National anthem - jan 1950- National song – jan 1950- Elected Dr. Raj P as the 1stprez of India – Jan 24,1959

Random

- 11 sessions over 2 years, 11 months- Gone through const of 60 countires- Draft const considered for 114 days- Jan 24,1950 – final session of CA- Continued as provisional parliament till 1st gen elections in 1951-52

Committes of the CA

- 8 major committeso Drafting comm – BR Ambedkaro Advisory committee on F Rights and Minorities – Sardar Patel

F. Rights – JB Kriplani Minorities – HC Mukherjee

o States Committee – JLN- 15 minor committees- Drafting Committee

o Most imp commo Took into consideration the proposals of various commo Prepared 1st draft in Fe 1948o 2nd draft oct 1948

Enactment of the Constitution

- 3rd reading of draft after amendments on Nov 14, 1949- Nov 26, BR Ambedkar moved a motion for ‘constitution as settled by the assembly be passed’- 284 signatories- Nov 26, mentioned in preamble as the day which people of india adopted, enacted and gave to

themselves the const- 395 articles and 8 schedules- Preamble enacted after const was enacted - Most of the provisions came into force on Jan 26 1950 (many came into force before)

o Republic Dayo Jan 26, 1930 – PurnaSwaraj Day – Lahore Session Dec 1929o All prev acts under Brit Govt repealed

Criticisms

- Not a representative body as not directly elected y people- Not a Sovereign Body as created by proposals of Brit Govt- Time Consuming

o America took only 4 months- Dominated by Congress- Lawyer – Politician Domination- Dominated by Hindus

8 - Directive Principles of State Policy

The framers of the constitution borrowd the idea from the Irish Constitution of 1937 which had copied it from the Spanish constitution

Articles 36-51

Part IV

Features of the DPSP1. Ideals that the state should keep in mind while formulating policies and enacting laws

o Article 36 – Definition of state same as in Article 122. DPSP resemble “instrument of instructions” enumerated in GOI Act, 19353. Embody the concept of welfare state and ideals of liberty, equality, fraternity, justice4. Non-justiciable

o Article 37 – fundamental in governance of country Duty of the state to apply these principles in making laws

5. Been described as the “conscience of the constitution” by Granville Austin6. Courts may use DPSP to examine and determine the constitutional validity of a law

Classifications of DPSP1. Socialistic Principles

o Welfare of people by securing a social order permeated by justice – social, economic and political – to minimize inequalities in income, status, facilities and opportunities – Art 38

o To secure – Art 39i. Right to adequate means of livelihood

ii. Equitable distribution of resourcesiii. Prevention of concentration of wealthiv. Equal work for equal payv. Preservation of health and strength of workers

vi. Opportunities for health development of childreno Promote social justice and provide free legal aid to the poor (Article 39A)

o Secure right to work (Article 41)o Just and humane conditions for work and maternity (Article 42)o To secure a living wage and decent standard of living ( Article 43)o Participation of workers in management of industries (Articles 43A)o To raise level of nutrition (Article 47)

2. Gandhian Principleso To set up village panchayats and endow them with necessary powers and authority to

enable them to function as units (Articles 40)o Promote cottage industries (Article 43)o To promote the educational and economic interests of SCs, STs and other weaker

sections of the society (Article 46)o To prohibit the consumption of intoxicants and drugs (article 47)o To prohibit the slaughter of cows and draugh cattle (Article 48)

3. Liberal-Intellectual Principleso Uniform civil code (Article 44)o Provide early childhood care and education for all children until they complete the age

of 14 years (changed by 86th AA, 2002 – RTE)o To organize agriculture and animal husbandry on modern and scientific lines (article 48)o Protect environment and safegurad forest and wildlife (article 48A)o Protect monuments (Article 49)o Separate the judiciary from the executive in the public services (articles 50)o Promote internatl peace and security and maintain just and honourable relations

between states. Solves disputes using arbitration. Respect for international laws and treaties (Article 51)

New Directive Principles

- 42nd AA of 1976o Article 39 – Secure opportunities for health development of childreno Article 39 A – equal justice and provide free legal aid to the pooro Article 43 A – take steps to secure the participation of workers in mgmt of indutrieso Article 48 A – protect the environement

- 44th AA of 1978o Article 39 – minimize inequalities in income, status, facilities and opportunities

- 86th AA of 2002o Article 45 – RTE – Article 21 A

Sanctions behind Directive Principles

Non-justiciable and legally non-enforceable because

- Country didn’t possess sufficient financial resources to implement them

- The presence of vast diversity and backwardiness in the country would in the way of their implementation

- Indian state must be free to decide the order, the time, the place and the mode of fulling them

Criticism of the DPs

1. No legal forcea. Sir Ivor Jennings called it “pious aspirations”

2. Illogically Arranged3. Conservative

a. Not fit enough for 21st century4. Constitutional Conflict

a. Between Center and State – If state doesn’t follow the directive given by the center to implement DPs, it can dismiss the states for non-compliance

b. Between President and PMi. Prez can reject a bill if it violates DPs

c. Governor and CM

Utility of Directive Principles

1. Crucial test for performance of govt2. Opposition can use performance wrt DPs and can use it as a tool for accountability3. Common political manifesto4. DPs promote the welfare of community while F.Rights cater to the welfare of the individual

Conflict between F.Rights and DPs

1. Champakam Dorairajan Case, 1951a. DPSP subsidiary to FRs

2. Golaknath Case, 1967a. SC – F.Rights sacrosanct in nature and P’liamnet can’t abridge themb. F.Rights can’t be amended for the implementation of DPs

3. 24th AA (1971) and 25th AA (1971)a. 24th AA – Pliament power to abridge any F.Right by amendment actsb. 25th AA – 31 C

i. No law which seeks to implement Socialistic DPs specified in 39 (b) and (c) shall be void on contravention of Article 14 and 19 or 31

ii. No law containing sucha declaration can be questioend in any court4. Keshavananda Bharati Case (1973)

a. 2nd part of 31 C unconstitutional as Judicial Review basic structure of constb. However 1st part constitutional and valid

5. 42nd AA, 1976a. 31 C scope increased to include all DPSPs not just 39 (b) and (c)b. Hence notion that DPSPs superior to FRs

6. Minerva Mills Case, !980a. However this extension considered invalid and unconstutitonalb. DPSPs once against made subordinate to the F.Rightsc. However art 14 and 19 was accepted as subordinate to DPs specified in Art 39 (b) and

(c)d. SC - “the indian constittuion founded on the bedrock of balance between F.Rights and

DPs”7. Present position is

a. F.Rights enjoy supremacy over the DPsb. However Parliament ay amend F.Rights to enable DPSPs as long as they don’t violate the

basic structure of the const

Implementation of Directive Principles1. Planning commission – FYPs to secure socio-economic jsutice and reducing inequalities2. Improve changes in agrarian society

a. Abolition of Zamindaryb. Tenancy reformsc. Land holding ceilingsd. Distribution of surplus land amongst landless labourers

3. Minimum Wages Act (1948) and other Labour Actsa. In 2006, govt banned child labour

4. Legal Services Authorities Act (1987)a. Free and competent legal aid to the poorb. Lok adalat

i. Statutory forum for colciliatory settlement of legal disputesii. Civil court

iii. Decisions enforceable and legally binding5. Khadi and Village Industries Board6. Wildlife Protection Act (1972) and Forest Conservation Act, (1980)

a. Water and Air Acts provided for Central and State Pollution Boardsb. National Forest Policy – 1988

7. 3 tier panchayati raj system – 73rd AA, 19928. Criminal Procedure Code (1973) separated judiciary from executive in districts9. Ancient and Historical Monuments and Archaelogical Sites and Remains Act (1951)

Directives outside Part 4

- Claims of SCs and Sts to Services – Art 335- Instruction in mother tongue – Artile 350-A

o Local authoirt to provide adequate facilities for instruction in the mother-tongue at primary stage

- Development of Hindi languageo Aricle 351

9 - Fundamental Duties

Part IV A of the Const

Article 51A

Added in 1976

While DPSP were duties of the state, F.Duties duties of the people

Inspired from const of USSR

None of the other democratic nations like USA, France had F.Duties for citizens in their constitution

- Japan only other democratic nation to have F.Duties

Swaran Singh Committeee Recommendations, 1976

- 42nd Amendment Act- Citizens should become conscious that in addition to rights, they have to perform duties as well- Added 10 F.Rights- Committee recommended imposing penalties for non-compliance with the duties which the

govt rejected

F Duties

- Abide by the const, respect flag and anthem- Cherish and follow the noble ideal of freedom struggle- Uphold and protect the unity and sovereignity of india- Defend the country- Promote harmony and spirit of brotherhood- Heritage, culture- Wildlife, natural resource- Scientific temper- Public property- Strive towards excellence- Provide opportunities and excellence for his child

o Added in 2002 – 86th const amendment act

Features

- Some are moral duties and some are civic- Part of Indian tradition, mythology- F Duties conferred only to Indian citizens- Non-justiciable

Criticism

- Not exhaustiveo Didn’t include other basic duties like voting, pay taxes

- Considered superfluous

Significance

- Source of inspiration- Warning against anti-national activities- Help courts in validating constitutional validity of a law

o If the law reeks in to give effect to a fundamental duty vs f.rights- Can be made enforceable from the passing of a law

o Forest (Conservation) Act, 1980o Many were enforced by law even before amendment

Prevention of National Honour Act, 1971 Representation of People Act IPC etc

Indira Gandhi – F Duties strengthen democract

Verma Committee (1999) identified the legal provisions for implementation of some F.Duties

Part II System of Government

12 – Federal SystemUnitary government is one where power is vested with the national govt and regional govts if any derive their power from the center.

Federal govts – power is divided between center and the states and both can operate in their respective jurisdictions independently.

- Dual Govt- Bicameral legislature

Federation (political system)

- A new state which is formed through a treaty or an agreement between the various units- States, provinces, cantons- Can be formed through

o Integration of states US – 50 states following American Rev in 1787

o Disintegration of a large unit into states Canada in 1867

Indian “federation”

- Constitution makers wanted fed for two reasonso Large size of the country – for better governanceo For unifying the socio-cultural diversity – reconciling national unity with regional

autonomy- Union of states and not Federation because

o To indicate that federation not through agreement of states as in USAo States have no right to secede from federation

Federation is union because its indestructible- Based on Canadian model more than American model

o Based on disintegrationo Mention of the word “union”o Centralizing tendency – more powers to the center than the state

Federal Features of the Indian constitution

- Dual Polityo Union at the center and states at the peripheryo Constitution has clearly the jurisdiction for botho Union govt deals with matters of national importance like def, currency, communicationo State govt – agri, health, local governance

- Division of powerso 7th schedule – state list, union list and concurrent listo State – 61 subjectso Center – 100 subjectso Concurrent – 52o Art 249 – gives RS the power to pass a resolution with 2/3rd maj present and voting

which gives parliament power to make laws wrt any topic in state list- Rigidity of the const

o Provisions concerned with the federal structure can be amended only by joint action of central and state govt

special majority of the pliament and approval of ahalf of state legislatures- Bicameral parliament

Unitary Features of the Const

- Strong Centero More topics in union list than the state listo Residuary powers also left with center

o Art 257 – Center can issue instruction to the states- Single constitution

o Only exception – J&K- States not indestructible

o Pliament can pass acts to modify, bifurcate, partition, change the name- No equality of state representation

o Seats in LS on the basis of popno In US, 2 seats for each state

- Emergency provisiono States go into total control of the center

- Single citizenshipo Canada also single citizenship

- Integrated Judiciary- All India Services- Integrated Audit of Accounts

o CAG audits state accounts as well- Appointment of Governor- Integrated Election Machinery- Veto over state bills

o Gov can send out some type of bills to president for reconsiderationo Prez enjoys absolute veto

- Art 33 and 34 authorises parliament to protect persons in service of the union from martial law to restore order

o AFSPA been made on the basis of these provisions

KC Wheare described India as a quasi federal state

- Rather than a federal structure with subsidiary unitary powers it is a unitary state with subsidiary federal powers

Ivor Jennings

- Federation with strong centralizing tendency

In Bommai Case

- SC maintained that Federalism is basic feature of const- States derive its power and authority from const and are not agents of the state

24 - Governor

Part VI of the Const – State govt (except for J&K – special status, has a different const)

Same as center – parliamentary form

Articles 153 – 167 deals with State Executive

- Executive o Governoro Chief Ministero Council of Ministerso Advocate General of State

- No Vice-Gov as in Center

Governor – Dual Role

- Chief Executive of Stateo Nominal Role similar to President

- Agent of the Central Government

Same person can be appointed as governor for two or more states – 7thConst Amendment Act

- Both AP and Telangana to have common Governor for 10 years-

Appointment of Governor

- Not directly elected or by a special electoral college as with president- Appointed by President by warrant under his seal and hand- Nominee of Central Govt

Governor’s office not under Central Govt

Qualifications

- COI- >=35 years

Two conventions

- He should not belong to state where appointed- While appointing the gov, president required to consult the CMs to ensure smooth functioning

Conditions of Governor’s office

- Not MP or MLA. If yes, then deemed to have vacated his seat- Not hold any office of profit- “Raj Bahawan” without rent

- Salaries, privileges decided by Parliament

Immunities

- Immunity from legal action for official acts even after vacating the office- Immunity from criminal proceedings during office

Term

- 5 years- Subject to pleasure of President

o SC – pleasure of Preznot justifiableo Gov be dismissed at any time

- Can resign at any time- Const does not lay any grounds under which a gov can be removed

o VP Singh removed all the govs when he came to power in 1989o Same thing repeated in 1991 with Cong

- Prez may transfer, reappoint gov- In case of death, CJ of HC will act as the Gov

Executive Powers

- All exec actions taken in his name- Appoints CM and other mins

o There should be a tribal minister in states of Bihar, MP and Orissa- Appoints Advocate General- Appoints State ECommissioner

o Can only be removed in the manner presccirbed for HC judge- Appoints Chairman and members of State Public Service Commission

o Can only be removed by Prez- Emergency Powers

o Can recommend for imposition of const emergencyo Can enjoy extensive executive powers during Prez rule

- Acts as chancellor of Univs in State

Legislative Powers

- Summon Or Prorogue the state legislature and dissolve the LA- Address the State Legislature at the commencement of 1st session after each gen election- When offices of Speaker and depy speaker vacant, can appoint any member of LA - Nominates 1/6th members of State Legislative Council from people in literature, science, art,

cooperative movement

1 member from Anglo-Indian community

Part VIII – Non-Constitutional Bodies

45 - National Development CouncilEstablished on August 1952 by an executive resolution of the Govt of India on the recommendation of 1st

FYP

Not a constitutional or a statutory body just like PC

Composition

- PM of India (chairman)- All Cabinet Ministers- CMs of all states/UTs- Members of the PC

Secy of the PC also acts like secy of NDC

Functions

- To prescribe the guidelines for PC with the help of the states- To make an assessment of resources required for implementing the plan and to suggest

measures for augmenting them- To consider important questions of social and economic policy- Act as a bridge between Central Govts, State Govts and the PC- Forum of Center State deliberations of matters of national importance

After the draft FYP is prepared by PC, it is shown to NDC for its acceptance after which the plan is presented to the parliament

Higest body after Parliament responsible for policy matters wrt planning

But it is listed as an advisory body to the PC and its recomeendations are not binding

Meets twice a year

“Super Cabinet”

- Due to its wide composition of including cabinet as well the State Mins- No longer a rubber stamp in the era of coalition politics

Part X – Political Dynamics

59 - Political PartiesOrganized group of individuals with similar political interests which wish to gain political power through constitutional methods and who desire to work for national interest

4 types of political parties in modern democracies

- Reactionaryo Which cling to old socioeconomic and political institutions

- Conservativeo Which wants to retain status quo

- Liberalo Reform the existing institutions

- Radicalo Overthrowo Anti-incumbent

Party systems

- One party systemo One ruling party and no oppositiono USSR

- Two party systemo USA, UK

- Multi-party systems which lead to coalition govts

Party System in India

- Multi-party systemo India has the largest number of political parties in the worldo 7 national partieso 40 state partieso 980 registered-unrecognized parties in the country

- One party systemo Till 1967, just Congress

- Lack of clear Idealogyo Issue based rather than idealogy based

- Personality Cult- Regional Factors

- Factions and Defections- Lack of effective opposition

Recognition of National and state parties

- EC registers parties and on the basis of their poll performance classifies them as national/state party

o Other parties simply declated as registered – unrecognized parties- After reconignition, parties get the right to

o Party sybolo Access to electoral rollso Provision of time for political broadcasts on state-owned television

- Symbolso Reserved symbols

Symbols reserved for recognized partieso Free symbols

Symbols which other candidates can take including registered-unrecognized parties

National Party

- Gets 6% or more vote polled from 4 or more states + gets 4 seats in LS in any state or states OR- Wins 2% of seats in LS and candidates elected from 3 states OR- Recognized as a state party in 4 states

State Party

- 6% of LA votes and 2 LA seats OR- 6% of LS votes and 1 LS seat- 3% of LA seats OR 3 LA seats- 1/25th of LS seats for that state

LS 2009

- 7 National Parties- 40 state parties

60 - ElectionsElection Systems

- First Past the Post Systemo Whichever candidate gets the maximum number of votes in the election is declared

electedo “Plurality” system

- Proportional Representation

o Each party is allotted a share of seats in proportion of the votes they’ve receivedo Can be of 3 types

Entire country is treated as one constituency ie Netherlands, Israel Country split into multiple constituencies where PR is done

Argentina, Portugal Indirect elections in india for President, VP, RS and Vidhan Parishads

RS – PR through Single Transferable Voteo Each candidate required to get a minimum quota of votes

determined by formula (Total votes polled/(total candidates to be elected + 1))

+1o Every MLA given a sheet where they have to allot preferences

to candidateso Each 1st pref countedo If the required number of candidates fail to get minimum quota

of 1st pref votes then the person with least 1st pref votes is eliminated and his 1st pref votes are transferred to the person with the 2nd pref on the elector’s pref list

Who decides what constituency to be reserved for SC/STs?

- Delimitation commission- Appointed by Prez and works alongwith ECI- Purpose of drawing up boundaries of constituencies throughout India- States constituencies reserved for Scs/Sts according to proportion of their population- Generally, constituencies with a higer proportion of SCs are reserved for SCs but such

constituencies are also picked in such a way to spread across a state

Part XV of the constitution

324 – 329

324 – Superintendence, direction and control of elections to be vested in an EC

- Elections for parliament, state Legislatures, Prez, VPo Not responsible for local body elections

- EC would comprise of 1 CEC and 2 ECso Earlier it was just 1 ec but it was felt that multi-members would help in greater

accountability and sharing of power- CEC presides over the EC but doesn’t have more powers than other ECs

- Appointed by Prez on advise of CoMo Danger that he may appoint a partisano Talks of cec being appointed after consulting the ooposition head

- ECo Electoral rollo Election schedule

Notifications of elections Last day for nomination Last day of withdrawl Last day for scrutiny

o Gives recognition of pol parties and allots them symbolso Postpone elections

2002 Guj when the assembly was dissolved- Before LS or LA election, Prez (in consultation with EC) may appoint regional commissioners to

assist the ECo Prez may make avlb staff to EC or egional Comm to discharge its functions

325 – No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.

- There shall be only one electoral roll for every territorial constituency

326 – Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

327 – Power of Parliament to make provision with respect to elections to Legislatures

- RoPA, 1950o Qualifications of voters, prep of electoral rolls, delimitation of constituencies, allocation

of seats etc- RoPA, 1951

o Actual conduct of elections and deals with administrative machinery for conducting elections, poll, election offences etc

- Delimitation Commission, 1952o Readjustment of seats, delimitation, reservation of territorial constituencies

328 – Power of Legislature of a State to make provision with respect to elections to such Legislature.

- Make provisions for only those matters which haven’t been covered by parliament

329 – Bar to interference by courts in electoral matters.

- Validity of any law pertaining to delimitation/allotment can’t be challenged in any court

o Orders issued by Delimitation Commission – final- Election petitions triable by high courts

323 B - Legislature can establish a tribunal for adjudication of electoral disputes

- Never established even once

Electoral reforms

- Before 96o Lowering of voting age from 21 to 18

61st CA, 1988o Increase in number of proposers

RS & SLC - Number of proposrs for every candidate around 10% of total electoral roll of candidates

1988 Prevent frivolous candidates from contesting

o EVMs 1989 1st EVM used in 1999 in state elections Goa

o Booth Capturing Provision of adjournment when this happens

- 1996 Electoral Reformso Increase in Security Deposito Listing of names of candidates

Acc to category of party Then alphabetical order

o Disqualification for insulting the national honour acto Number of proposers

For LS, LA – 10 registered electors as proposerso Time limit for bye-elections – 6 months from the date of vacanyo Holiday on polling day

- After 1996o Voting through postal balloto Requisitioning of staff for election dutyo Vote through proxy

Armed Forceso Declaration of Criminal Antecedents, Assets by candidates

Assets Educational qualifications Whether charged for any crime Whether acquitted, convicted for any crime in the past

o Changes to RS elections Domicile condition removed Open ballot from closed ballot

To reducing the influence of moneyo Contribution

Parties entitled to accept contribution from any person or company apart from a govt company

Report excess of Rs20000 to claim income tax reliefo Allocation of time on electronic media

Stuff about EC

- Chief Election Commissioner can be removed from his office by Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or incapacity.

o Removal procedure similar to judge of SCs