Types Of Majorities In The Indian Parliament

In the parliament, all the important decisions are taken by the majority. Framing a law, the passage of the budget,
various bills, motions, amendment are the part of these decisions. There are certain types of majority followed in
the Parliament to pass the specific bill and motion. There are 4 majorities. They are:
1. Simple Majority
2. Absolute majority
3. Effective majority
4. Special majority
SIMPLE MAJORITY

The simple majority is also called as “working majority’. This implies that the majority of more than fifty percent of
the members of the legislature present and voting excluding the member abstaining.

For example: If the total number of members of parliament present and voting is 500, strength of 251 or more will
be a simple majority.
A Simple majority is used in:

● Most of the normal bills and a number of provisions in the Constitution can be amended by a simple majority of
the two Houses of Parliament outside the scope of Article 368. This includes:

● Admission or establishment of new states

● Formation of new states and alteration of areas, boundaries or names of existing states

● Abolition or creation of legislative councils in the states

● Acquisition and termination of Citizenship

● To pass Non-Confidence Motion, Confidence Motion, Adjournment Motion, Censure Motion

● To pass Money bill, Financial bill, Ordinary bill and Budget

● For the proclamation of financial emergency and for revoking the National Emergency.

● Resolution passed by the Rajya Sabha should be approved by the Lok Sabha with a simple majority

● Removal of vice president in Lok Sabha

● Vote of thanks to President or governor

_____________________________________________________________________________________________
__________
 ABSOLUTE MAJORITY

It is the majority of more than fifty percent of the total strength of the House. It has huge significance in
parliamentary business.

For example, in the case of the Lok Sabha, which has a total strength of 545 members, 273 is the absolute majority.
It is not used anywhere in the constitution as a standalone requirement. If a political party has an Absolute
Majority, it means it gets to form the government.
Absolute majority is used in:

 The absolute majority is not used in the normal business of the Parliament or State Legislature But this majority
is used during the general election, for the formation of government at the Center and States.
_____________________________________________________________________________________________
__________

EFFECTIVE MAJORITY

The effective majority is more than fifty percent of the effective strength of the house. The vacancies are not taken
into account. The Constitution of India describes “all the then members” which refers to the effective majority.

Vacancies arise due to 3 reasons – Death, Disqualification, Resignation. Some sources mention Absenteeism as a
vacancy but that is incorrect.

For example: the total strength of Rajya Sabha is 245. Suppose if there are 15 vacancies, 230 shall be the effective
strength and more than 50 % of this. That means 116 more than this is called as the effective majority.
The Effective majority is used in:

 Removal of the Vice-President

 Removal of Deputy chairman of Council of States
 Removal of Speaker and Lok Sabha Speaker
 Removal of Speaker or Deputy Speaker of Assembly
 Removal of Chairman or Deputy Chairman of a Legislative Council
_____________________________________________________________________________________________
__________
 SPECIAL MAJORITY

All types other than the above three are called special majorities. There are 3 types of special majorities for the
parliamentary business.

Special Majority under Article 249 and Article 312

Article 249 directs the Parliament to legislate on a subject in the State List in the national interest. Article 312 is the
creation of one or more new All India Services. The resolution must be passed by Rajya Sabha supported by not
less than 2/3 of the members present and voting. This is basically a majority of 2/3rd of the members of the House
present and voting excluding the number of members abstaining.
For example: In Rajya Sabha, the total strength is 245. If only 200 members are present and voting, only 2/3rd of
this (200) shall be majority under Article 249.
Special majority under Article 61

Article 61 deals with the impeachment of President. A resolution under this is passed by not less than 2/3rd of the
total strength of the House, including the number of vacancies.
For example: for passing such a resolution it requires the support of 2/3rd of the total strength of the upper house
245, that is 164 or more.
Special majority under Article 368 (Constitutional Amendment)

A bill seeking a constitutional amendment requires its passage by 2/3rd of the members of the House present and
voting. There is no provision for joint sitting for this. Both the houses have to pass it separately. This majority
should be the absolute majority of the house. That means Absolute + Special Majority.
The constitutional amendment bills, resolutions for the removal of the judges of the Supreme Court or the high
courts, chief election commission, comptroller and auditor general etc. are passed. This majority is needed for the
passage of the resolution for approving the continuation of National emergency, from both the Houses of
Parliament.
 In-Depth Understanding Of The Directive Principles Of State Policy

Directive Principles of State Policy:

The Constitution of India aims to establish not only political democracy but also socio-economic justice to the
people to establish a welfare state. With this purpose in mind, our Constitution lays down desirable principle and
guidelines in Part IV known as the Directive Principle of State Policy.
Directive Principles of State Policy (DPSP) are in the form of instructions/guidelines to the governments at the
centre as well as states. Though these principles are non-justiciable, they are fundamental in the governance of
the country. The idea of Directive Principles of State Policy has been taken from the Irish Republic. They were
incorporated in our Constitution in order to provide economic justice and to avoid concentration of wealth in the
hands of a few people. Therefore, no government can afford to ignore them. They are in fact, the directives to the
future governments to incorporate them in the decisions and policies to be formulated by them.
#Features

1. Resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act, 1935.
2. Aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in Preamble to the Constitution.
3. Embody the concept of a ‘welfare state’.
4. Seek to establish economic and social democracy.
5. Are non-justiciable.
6. Fundamental in the governance of the country.
7. Help the courts in examining and determining the constitutional validity of a law.
 #Classification
The Constitution does not contain any classification of the Directive Principles. However, on the basis of their
content and direction, they can be classified broadly into socialist, Gandhian and liberal-intellectual.
#Socialistic Principles:

1. to promote the welfare of the people by securing a social order permeated by social, economic and political justice
and to minimise inequalities in income, status, facilities and opportunities. (Art 38)
2. to secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material
resources of the community for common good; (c) prevention of concentration of wealth and means of production;
(d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and
children against forcible abuse; and (f) opportunities for healthy development of children. (Art 39)
3. to promote equal justice and to provide free legal aid to the poor. (Art 39A)
4. to secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and
disablement. (Art 41)
5. to make provision for just and humane conditions for work and maternity relief. (Art 42)
6. to secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Art 43)
7. to take steps to secure the participation of workers in the management of industries (Art 43A)
8. to raise the level of nutrition and the standard of living of people and to improve public health. (Art 47)

#The Gandhian Principles:

Based on Gandhian ideology, these include

1. to organize village Panchayats and endow them with necessary powers and authority to enable them to function as
units of self government. (Art 40)
2. to promote cottage industries on an individual or co-operation basis in rural areas. (Art 43)
3. to promote voluntary formation, autonomous functioning, democratic control, and professional management of co-
operative societies. (Art 43B)
4. to promote the educational and economic interests of SCs, STs and other weaker sections of the society and to
protect them from social injustice and exploitation. (Art 46)
5. to prohibit the consumption of intoxicating drinks and drugs which are injurious to health. (Art 47)

6. to prohibit slaughter of cows, calves and other milch and drought cattle and to improve their breeds. (Art 48)

# Liberal-Intellectual Principles:
These principles represent the ideology of liberalism and direct the state to

1. to secure for all citizens a uniform civil code. (Art 44)

2. to provide early childhood care and education for all children until they complete the age of 6 years. (Art 45)
3. to organise agricultural and animal husbandry on modern and scientific lines. (Art 48)
4. to protect and improve the environment and to safeguard forests and wildlife. (Art 48A)
5. to protect monuments, places and objects of artistic or historic interest which are declared to be of national
importance. (Art 49)
6. to separate the judiciary from the executive in the public services of the state. (Art 50)
7. to promote international peace and security and maintain just and honourable relations between nations; to foster
respect for international law and treaty obligations, and to encourage settlement of international disputes by
arbitration. (Art 51)
 nd
# Added by 42 Amendment Act, 1976:

1. to secure opportunities for healthy development of children. (Art 39)

2. to promote equal justice and to provide free legal aid to the poor. (Art 39A)
3. to take steps to secure the participation of workers in the management of industries (Art 43A)
4. to protect and improve the environment and to safeguard forests and wildlife. (Art 48A)

th
# Added by 44 Amendment Act, 1978:

1. to minimise inequalities in income, status, facilities and opportunities. (Art 38)

th
# Added by 97 Amendment Act, 2011:

1. to promote voluntary formation, autonomous functioning, democratic control, and professional management of co-
operative societies. (Art 43B)

th
86 Amendment Act, 2002 changed the subject matter of Art 45 and made elementary education a fundamental
right under Art 21A. The amended directive requires the state to provide early childhood care and education for all
children until they complete the age of 6 years.

#Previous Year MCQs:

#1. The ideal of ‘Welfare State’ in the Indian Constitution is enshrined in its (2015)
(a) Preamble
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Seventh Schedule
#2. Consider the following statements regarding the Directive Principles of State Policy : (2015)

1. The Principles spell out the socio-economic dmocracy in the country.

2. The provisions contained in these Principles are not enforceable by any court.

Which of the statements given above is/are correct ?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
#3. In the Constitution of India, promotion of international peace and security is included in the (2014)
(a) Preamble to the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Duties
(d) Ninth Schedule

#4. According to the Constitution of India, which of the following are fundamental for the governance of the
country? (2013)
 (a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy
(d) Fundamental Rights and Fundamental Duties
#5. ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in (2013)
(a) the Preamble and the Fundamental Rights
(b) the Preamble and the Directive Principles of State Policy
(c) the Fundamental Rights and the Directive Principles of State Policy
(d) None of the above
#6. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution
of India : (2012)

1. Securing for citizens of India a uniform civil code

2. Organizin village Panchayats
3. Promoting cottage industries in rural areas
4. Securing for all the workers reasonable leisure and cultural opportunities

#7. Which of the above are Gandhian Principles that are reflected in the Directive Principles of State Policy ?
(2012)
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4

Indian Polity | Powers Of President And Governor

In a federal <constitutional division of power b/w centre and states> parliamentary democracy <real power vests
in council of ministers which is accountable to lower house i.e LokSabha> which is India, president and governor are
only ceremonial heads of state, real power lies with elected govt headed by PM and CM. President and governors
have to act in accordance with the aid and advice of council of ministers.
So, are they mere rubber stamps? Do they have any discretionary powers? What’s the nature of that discretionary
power?
Art 74 and art 163 basically states that council of minister will aid and advice president and governor. In its various
judgments supreme court interpreted that they have to act only upon and in accordance with the aid and advice of
CoM, save in a few well known exceptional circumstances.
Infamous 42nd amendment clarified this position and added that president shall act in accordance with aid and
advice which was diluted by 44th amendment so that president can return back advice for reconsideration after
which advice shall be binding. No changes were made wrt governor.
So, it’s clear by constitution (for president) as well as supreme court judgement (governor) that only in exceptional
circumstances can they act as per their own discretion.
Rule of thumb is, a situation where the CoM is not in a position to tender unbiased or impartial advice to the
president / governor can they use their own discretion.
 Situation in which discretion can be used?

1. When no party has clear majority– Obviously caretaker govt would tend to advice president or governor to call it’s
candidate for govt formation,, they have to as per their discretion
2. When lower house has lost confidence in the govt– Obviously govt would not ask for dissolution, discretion has to
be used

But the real power comes from the fact that there is no time limit specified within the constitution within which
president/ governor have to give assent to the bill. They may simply decide to sit on the bill and do nothing (pocket
veto).
In the case of governor there is more scope for discretion-

1. For bills– governor can reserve bills for consideration of president. Obviously no govt will ask it’s bill to be reserved,
discretion has to be applied.
2. Recommendation of president’s rule-Again no govt would advise imposition of presidential rule.

This reconsideration of bills become sore point b/w governor and govt <against the federal spirit; president i.e
union CoM taking decisions on state bills; governor is not even elected>
Let’s compare president and governor
Issue President Governor

Head of a state, head of

Head Head of the country, head of govt is PM
govt is CM

Executive power All executive action in his name Same

Preserve, protect and defend the

Oath Same
constitution

Nominated by president;
Appointment Indirect election representative of union in
states

President can remove him

Removal Impeachment
any time/ pleasure principle

Grounds of removal Violation of constitution No grounds mentioned

nd binding save for exceptional

Advice of council of Binding (42 amendment), can return
th circumstances (various
minster the advice once (44 amendment)
supreme court judgements)

Can be sent for reconsideration once to

Ordinary bill parliament, bound to give assent after same
that

Can’t send for reconsideration (after all

Money bill same
president himself recommends the bill)
 Constitution th
Has to give his assent (24 amendment) No role
amendment bill

if governor reserves Can assent/ withhold assent or send the

the bill for president bill for reconsideration (except money No further role of governor
(article 200) bill which can’t be resent) (article 201)

If house sends the bill Not bound to give assent <governor is

No role
back in the same form bound to give assent after repassage>

Can’t pardon death

Can pardon death sentence and court
Clemency power sentence, no role in military
martial sentences
matters

State Bills reserved for Presidents’s consideration under the Constitution, may be classified as follows:—
I. Bills which must be reserved for President’s consideration

1. bills derogating the powers of the High Court (art 200)

2. imposition of taxes on water or electricity in certain cases (Article 288)
3. during a Financial Emergency (art 360)

II. Bills which may be reserved for President’s consideration and assent for specific purposes
a). To secure immunity from operation of Articles 14 and 19. These are Bills for

1. acquisition of estates, etc. (Article 31A(I (b))

2. giving effect to Directive Principles of State Policy (Article 31C).

(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their
repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2). <for
instance Rajsthan govt took presidential consent for it’s labour law which violated union legislation>
(c) Legislation imposing restrictions on trade and commerce requiring Presidential sanction under the
III. Bills which may not specifically fall under any of the above categories, yet may be reserved by the Governor
for President’s consideration under Article 200.
They are reserved if the bill is deemed to be against broader national interest
But what if even 2nd advice of CoM which enjoys the confidence of house is unconstitutional and thus comes in
conflict with the oath of president i.e to preserve, protect and defend the constitution?
Well, there’s no precedence. Supreme court will have to take the call if in very exceptional circumstances,
president can overrule the governor.
Appendix-
Presidential election and removal
Presidential election -indirect election
Method – proportional representation by means of single transferable vote
Electoral college – All the elected members of parliament plus elected members of legislative assembly of States
and UT of Puducherry and NCT.
Value of vote of an MLA = total population of state / total elected members in LA ×1000
Value of vote of an MP= total value of votes of all MLAs of all states / total elected members of parliament
 Note members of legislative council, nominated members of Legislative assembly, Lok Sabha , Rajya Sabha do not
participate <simple, how can those whom he nominates participate in his own election>
Value of all the states plus UT votes = value of all
Contrast this with election of Vice President in which all members of parliament (nominated as well as elected)
participate but members of state assembles do not.
Removal of president– Impeachment, 2/3rd (absolute 2/3rd not present and voting) of both the houses vote for
his removal.
Parliamentary v/s presidential system
In parliamentary system (India), council of minister is part of legislature<all ministers come from either LS or RS>.
PM is head of govt while president is head of state.
In presidential system, President is the head of state as well as head of govt. He is not part of legislature. He
chooses his own cabinet and cabinet ministers can not be part of legislature. Recall John Kerry had to resign from
Senate when he was appointed secretary of state.

Rule of Law v/s Rule by Law

This blog is part of the series Constitution simplified

This article focuses on bringing clarity on the two very different concepts which looks similar at face value. Sir Ivor
Jennings, the famous constitutional historian, characterised Rule of Law as ‘an unruly horse’.

First, let’s be clear with what Rule of Law is not?

Rule of Law should not be equated with law and order. The breakdown of law and order is
a temporary phenomenon.
Breakdown of Rule of Law means collapse of good governance and breakdown of constitutional machinery in a
State.

Now, let’s see what Rule of Law is?

It may be difficult to define the concept with precision but in essence it signifies commitment to
certain principles and values. Generally, the rule of law is the principle that no one is above the law and treated
equally among citizens.
Rule of law symbolises the quest of civilised democratic societies to combine that degree of liberty without which
law is tyranny with that degree of law without which liberty becomes licence.
However high you may be, the law is above you.
For instance, One may be the Prime Minister or the Speaker or the Imam or the Archbishop or a judge or the
Sankaracharya or whoever, all are equally subject to the law. That imparts the element of non-discrimination in the
concept of the Rule of Law.

What are the principles of Rule of Law?

It was A.V. Dicey, the English Professor and Constitutional expert, who developed this concept. He defined 3
principles that govern the rule of law.

1. Supremacy of Law
No man shall be punished or made to suffer in body or goods except for the violation of law. Such a violation must
be established in an ordinary court of land and in ordinary legal manner.
2. Equality before Law
No man is above the law and everyone, whatever his condition or rank is, is subject to the ordinary laws of the
land. <It means a person can sue or be sued in a court of law>
3. Predominance of Legal spirit
The result of the ordinary law of the land is constitution. It indicates that the general principles of the constitution
are the result of judicial decision of the courts in England. <However, this principle does not apply in case of written
constitution. It stands modified in India, where it reads that the constitution is the supreme law of land & all other
laws in order to be legally valid shall conform to constitution>

What is the importance of Rule of Law?

Rule of Law is essential for the protection of human rights.

This concept changed the mode of administration from “King was Law” to “Law is King”. It is quite essential for the
healthy functioning of democracy.
In its path breaking judgment in Keshavanand Bharti’s case, our Supreme Court ruled that Rule of Law is part of
basic structure of the constitution.
The Constitution in order to preserve the rule of law, has conferred the writ jurisdiction under Art. 32 and Art. 226
on Supreme Court and High Court respectively.

How Rule of Law is different from Rule by Law?

It is important not to confuse Rule of Law with rule by law.

The existence of a law is necessary but that is not sufficient. The law must have a certain core component which
guarantees the basic human rights and the human dignity of every person.
Rule by law can become an instrument of oppression and it can give legitimacy to the enactment of laws which
may grossly violate basic human rights.

Let’s see with examples, how rule by law can be misused

Nazi Germany put Jews in concentration camps and thereafter sent them to the gas chambers. The justification
offered was that there was a law which empowered such acts to be done. But that was rule by law, not Rule of
Law.
During the apartheid regime in South Africa, repressive and racially discriminatory laws against the black majority
were sought to be justified on the basis of enacted laws.

Let’s see the relevance of Rule of Law in India

In India, this concept is implicitly mentioned in the fundamental rights of our constitution. The equality before law
(Article 14) includes Rule of Law in itself.
Indian Constitution grants some exception to the Rule of Law.

What are the exceptions to the Rule of Law in India?

1. The President/Governor is not answerable to court of law in discharge of his executive functions.
2. No criminal proceedings whatsoever can be instituted against President or Governor of state, while he is in office.
3. No civil proceedings in which relief is claimed can be filed against President or Governor except after a expire of a 2
month notice that is served on him.

Under International laws, the visiting heads of state, heads of govt, ministers, officials and foreign diplomats who
are posted in country are not subjected to jurisdiction of local courts in discharge of their official functions.
 What are the concerns regarding Rule of Law in India?

Legal experts have raised their concerns regarding the implementation of Rule of Law in India. A free democratic
society like India cannot have recourse to measures that violate the very essence of rule of law.
For instance, a law that permits the killing of suspected terrorists or enables indefinite detention without prior
hearing in the absolute discretion of the executive is destructive of the rule of law. Fake encounters have no place
in a govt professedly based on the rule of law.
Therefore, we should strive to instill the rule of law temperament and culture at home and in educational
institutions. The aim should be that rule of law becomes the secular religion of all nations based on tolerance and
mutual respect.

Indian Polity | A Quick Brush Up With Our Emergency Provisions

Very quickly then, most of us are familiar with the 3 types of emergencies.

We will study them under 3 heads –

#a. When can they be imposed?

#b. Features
#c. Effects

#1. Art. 352 – National Emergency

a. When can it be imposed?

3 conditions – War, External Aggression, Armed Rebellion

Note1: Armed Rebellion was changed from Internal Disturbance on the recommendation of the Shah Commission.
Internal Disturbance was a vague term prone to misuse.
Q1: What’s the difference between War and External Aggression?
No technical difference! The President makes a “Proclamation of Emergency”. If it says its a war, its a war likewise
of external aggression.

b. Features

Flashback : Lets go back to the time of the Emergency. All it took then was an oral instruction by the then PM
Indira Gandhi to President Fakhruddin Ali Ahmed (who received a lot of criticism).
To understand National Emergency, we need to examine the 44th Amendment Provisions whose sole purpose was
to put a check on such powers of the President.

 Can only be proclaimed on the written advice of the Union Cabinet (not the PM). Perhaps, this is the only place
where Union Cabinet has a role.
 Expires in 1 month from its issue unless approved by a Special Majority (of the second kind*) – Not less than 2/3rd
of the Members present and voting + Absolute Majority – in both the houses of the Parliament.
 If the LS is dissolved, then RS shall approve it within 1 month and the re-constituted LS shall ratify within 30 days.
 Once approved, the proclamation is extended for 6 months, which can be extended again for 6 more months.
 Not less than 1/10th of the Members of the LS(this can only be initiated in the LS) may give notice in writing to the
Speaker or President (when LS is not in session). If there is no session, a special sitting of the LS shall be held within
14 days. If the resolution, the President has to revoke the Emergency.

c. Effects

 Executive : State Govt. is not suspended. Union Govt. can issue orders to the State Govt. on subjects on the State
List (something that it can’t normally do).
 Legislature : State Legislature is not suspended. However, Parliament can make laws on the State subjects. Such laws
remain valid for 6 months after the Emergency ceases to be.
 Financial : Distribution as per the President’s will subject to approval by the Parliament.

Effect on FR (2 clauses here)

 Art. 19 automatically suspended (only in case of War and External Aggression)

 President by a further order can specify other FRs that wont be operative, excepting Art. 20 and 21.

Art. 20 and 21 are fundamental of the FRs and cannot be suspended. Interested readers can read the story
of Judge Khanna’s courage here.
 #2. Art. 356 – President’s Rule

a. When can it be imposed?

If the President is satisfied that there exists a situation where the State Admin. cannot be carried in accordance
with the provisions of the Constitution, he can make a Proclamation of Failure of Constitutional Machinery in a
State.
Ambedkar had envisaged Art. 356 to remain a dead letter in the Constitution. Much to his surprise it has been used
not less than 119 times during the first 63 years.

b. Features

Such a proclamation lapses after 2 months, unless approved by the Parliament by a simple majority. Once
approved, it lasts for 6 months which can again be extended for 6 more months subjected to maximum of 3 years.
To extend it beyond 1 year, 2 conditions must be fulfilled

 National Emergency should be in operation (in whole of India or whole or any part of the State).
 ECI certifies that elections cannot be conducted in the state.

c. Effect

The President can

 declare Executive powers of the State rest with him. He can also delegate the same to any other authority (like the
Governor) as per his liking.
 dissolve or suspend the State Legislature. If suspended, the Parliament can exercise its legislative powers. (or
delegate it to any other authority)

Effect on FR : No Effect

#3. Art. 360 – Financial Emergency (^Never imposed till date)

a. When can it be imposed?

If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part
of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.

b. Features

It will ordinarily remain in force for 2 months, unless its is approved by both the houses. If LS is dissolved in this
period, similar clause as that of the National Emergency applies.
 c. Effect

The financial autonomy of the states is transferred. The President can

 suspend distribution of financial resources.

 issue directions to follow canons of finance.
 direct the State Govt. to reduce the Salaries of their employees.
 direct the governors to reserve all financial and money bills for his consideration.

Effect on FR : No Effect

UPSC IAS Prelims Examination: Oath and Resignations

May 9, 2017
Indian Polity is an important subject in all the three phases of UPSC IAS Examination. The implication of the Polity is
carried onward, even when an aspirant gets into the Indian Civil service. It forms a vital part of governance and
administrative machinery. So on an average 10%-15% of the questions come from Indian Polity. Because of the
importance of weightage given in the UPSC IAS examination, Indian Polity as a subject becomes even more
important in the UPSC preparation process.

Conventionally the oath is either a declaration of fact or a promise with wording associated to something
considered sacred as a sign of truth. Here we are giving the list of Oath and Resignations.

Many UPSC aspirants predominantly while studying this Indian Polity would have felt that it is a parched and
theoretical subject. But it is an interesting subject if approached with right strategies. A UPSC aspirant cannot be
avoided during their UPSC IAS exam preparation.

Read more | Polity Syllabus and Strategy for UPSC Prelims

Designation Oath Resignation
submitted to

President Chief Justice of Vice President

India (or Senior
most Judge of
Supreme Court
in the absence
of CJI)

Vice President President President

Prime Minister President President

Comptroller & Auditor General President President

Attorney General President President

Solicitor General President President

 Chairman, Union Public Service President President
Commission

Governor, RBI President President

Chief Election Commissioner President President

Speaker of Lok Sabha President Deputy Speaker

of Lok Sabha

Deputy Speaker of Lok Sabha President Speaker of Lok

Sabha

Deputy Chairman of Council of Chairman

States

Member of house of Parliament President Chairman of

upper house or
the Speaker of
Lower House.

Governor Chief Justice of President

High Court

Chief Minister Governor Governor

Chief Justice of High court Governor President

Other Judges of High Court Governor President

Chairman State Public Service Governor President

commission

Speaker of Assembly Governor Deputy Speaker

of Assembly

Sessions of Indian Parliament

April 24, 2017

UPSC IAS Exam conducted by Union Public Service commission which is regarded as the most challenging
examination in India. Polity is a vital topic at all the three stages of UPSC IAS exam, be it Prelims, Mains or
Interview. Here we are giving information about Sessions of Indian Parliament.

A session of Indian Parliament is the period during which a House meets almost every day uninterruptedly to
manage the business. There are typically three sessions in a year. A session contains many meetings. The three
important sessions are:

 Budget Session (February to May)

 Monsoon Session (July to September)
 Winter Session (November to December)
 Also, read | Secrets You Will Never Know About Polity Syllabus and Strategies for IAS Prelims
Budget session

 Budget session which is conducted from February to May,

 It is regarded as the highly crucial for the matters it deals with.
 The budget session opens with the introduction of the Railway Budget.
 Recently government scrapped Railway Budget.
 While the rail budget is presented in the third week of February, the Budget is presented on the last working day
of February.
 The Member of Parliament gets an occasion to discuss budgetary provisions and suggestions relating to
taxation.
 It is frequently found that the budget session is split into two periods with a gap of one month in between.
 The standing committees pertained to several ministries utilize the intervening period to discuss and consider
the Demands for Grants made by the ministries.
 The time between the prorogation of the Parliament and its reassembly is called recess.
Monsoon Session

 After a brief break of around two months, both the Houses of the Parliament continue business in July and
continue till September.
 The monsoon session is devoted mainly to discussions on matters of public interest.
Winter Session

 It is the shortest session

 It extends over a period of one month usually between mid-November and mid-December.
 It takes up the matters that could not be considered upon and makes up for the absence of legislative business
during the second session of the Parliament.
 The Member of Parliament not only discussion on administrative strategies but also makes sure that the
government gets the implication and becomes aware of its lapses.
All the three sessions of the Parliament are identical in their purpose and the functions they are anticipated to
perform
Understanding the nature of fundamental rights:
First of all, it is important to understand the nature of fundamental rights. Why are they in place? Let us take an
example. As a child, you would have been subject to certain rules and regulations in your house by your parents or
guardians. You might have felt that these rules impinged on your freedom or personal space, especially in your
teenage years. But your parents placed these rules taking into consideration your safety and well-being. These
rules were put in place so that you would not be a danger to yourself or others. Fundamental rights are of a similar
vein, in that the State, keeping in view any security concern can limit the freedom enjoyed by its citizens. If the
government arrests its own citizens, and it is perceived as unjust, the citizens can take resort in the fundamental
rights guaranteed by the Constitution.
 Basically, the fundamental rights, together, is a weapon in the hands of the citizens to protect themselves from any
abuse of power by the State. These rights act as a check on the powers of the government. The idea of the
fundamental rights is central to the idea of a liberal democracy.
For example, the Supreme Court stated that transgenders should be included in the 2011 census as ‘others’ and
not as either male or female. The court recognized the right of an individual to life (freedom rights) as the right to
be recognized by the state also.

Why are fundamental rights called so?

Basically, there are two types of rights:
1. Fundamental rights
These are more basic rights, more valuable and therefore, called fundamental rights. These can be called
fundamental to an individual’s existence. They have a higher status than ordinary legal rights. Basic rights to
existence, etc come under this category.
2. Ordinary legal rights
These rights are also given to the citizens but are not deemed as basic or fundamental to a person’s existence.
Example: Right to Work under NREGA. Certain ordinary legal or justiciable rights are derived from fundamental
rights.

What makes fundamental rights different from other rights?

The difference between these rights is the manner in which they are enforced.
If a citizen is deprived of his/her ordinary legal right such as the right to work, he/she can approach the courts for
restoring the same. But he should first approach the lower courts like the district court, then move to the high
court and only finally the Supreme Court.
The government can also be forced to pay compensation to the injured party by the courts, in case of violation of
ordinary legal rights.
However, if a fundamental right of a citizen is violated, the normal judicial machinery can be bypassed and the
Supreme Court can be directly approached. This is where fundamental rights are different from other rights.
The Supreme Court is bound by the Constitution of India to restore fundamental rights. They are the guarantors of
the fundamental rights as per Article 32 of the Constitution.
Case Important Supreme Court judgments

Golaknath and State of Supreme Court ruled that Parliament could

Punjab 1967 not restrict any of the Fundamental Rights of
individuals enshrined in the Constitution.

Keshavananda Bharti Golaknath case was overruled and parliament

and State of Kerala recaptured the power of amending and by
1973 virtue of the amending power cannot change
the basic structure of the constitution.

Minerva Mills and Fortified the idea of the basic structure which
Union of India 1980 was put forward earlier in the Keshavananda
Bharti Case.

Waman Rao and Union This case has facilitated in determining a

of India 1981 satisfactory way of addressing grievances
pertaining to the violation of fundamental
rights.
Mohd Ahmed Khan and This case challenged the Muslim petition law.
Shah Bano Begum 1985

MC Mehta and Union Enlarged the scope and sphere of Article 32

Of India 1986 and Article 21 to incorporate the right to
healthy and pollution-free environment.

Indra Sawhney and It defined the “creamy layer” criteria and

Union of India 1992 uphold the execution of the
recommendations made by the Mandal
Commission

First Judges Case or S.P. The ruling gave the Executive dominance over
Gupta case 1981 the Judiciary in judicial appointments for the
next 12 years

Second Judges Case or The majority verdict gave back Chief Justice of
Supreme Court India’s power over judicial appointments and
Advocates on Record transfers.
Association versus
Union of India 1993

Three judges case Chief Justice of India must check with a

or Special Reference plurality of four senior-most Supreme Court
case of 1998 judges to shape his opinion on judicial
appointments and transfers.

SR Bommai and Union This has created major repercussion on

of India 1994 Center-State relations

Vishaka and State of Introduction of Vishaka Guidelines and

Rajasthan 1997 provided basic definitions of sexual
harassment at the workplace

Samatha and State of SC declared that the forest land, tribal land,
Andhra Pradesh 1997 and government land, in scheduled areas
could not be leased to private companies or
non-tribal for industrial operations. Such
activity is only permissible to a government
undertaking and tribal people.

I.R Coelho and State of If a law is included in the 9th schedule of the
Tamil Nadu 2007 Indian constitution, it can still be examined
and confronted in court.

Section 377 case 2009 The Section 377 of the Indian Penal Code,
1860 declared as unconstitutional. The same
was reversed by the Supreme Court in 2013.

Pedophilia case 2011 SC declared that the Children are the

endowment to humanity. The sexual abuse of
children is one of the most monstrous
transgressions.
NOTA- None-Of-The- An option of not voting for any candidate was
Above Judgment 2013 given if they don’t find any of the apt
candidates.

Lily Thomas and Union SC ruled that any Member of the legislative
Of India 2013 assembly, Member of a legislative council or
Member of Parliament who was found guilty
of a crime and given a minimum of two-year
imprisonment, would lose membership of the
House with an immediate effect.

Nirbhaya case March Introduction of the Criminal Law

2014 (Amendment) Act, 2013 and definition of
rape under the Protection of Children from
Sexual Offences Act, 2012, the Indian
Evidence Act, 1872, Indian Penal Code, 1860
and Code of Criminal Procedures, 1973.

National Legal Services This case resulted in the recognition of

Authority and Union of transgender persons as a third gender. SC also
India April 2014 instructed the government to treat them as
minorities and expand the reservations in
education, jobs, education etc

Shreya Singhal and The controversial section 66A of the

Union of India 2015 Information Technology Act which permitted
arrests for unpleasant content posted on the
internet was struck down as unconstitutional.

Aruna Shanbaug Case Along with guideline supreme court allowed

passive euthanasia in the country.