Indian Polity Blog

Exclusive Powers of Rajya Sabha in Indian Constitution

Rajya Sabha in India’s Parliament has certain exclusive powers with respect to the following: Enable the parliament to make law on a matter of state list Creation of new All India Services Enforcing proclamation of emergency when Lok Sabha is dissolved Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All […]

Linguistic Minority in India

A linguistic minority is a class of people whose mother tongue is different from that of the majority in the state or part of a state. the constitution provides for the protection of the interests of linguistic minorities. Article 350-A imposes a duty on the states to Endeavour to provide adequate facilities for instruction in […]

Reservation of Seats for Anglo-Indians in India

According to Article 366 (2) an Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India or born within such territory and whose parents habitually were resident in India and not established for […]

Article 371-A: Special Provisions for Nagaland

Article 371A makes special provision with respect to the State of Nagaland to protect the Nagas. Notwithstanding anything in this Constitution, no Act of Parliament in respect of- religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, ownership and […]

Extraordinary Powers of President in Emergency under Article 365

Article 365 is an extension to emergency powers of President. The Constitution of India has provided the President of India the power to impose emergency using article 352 and article 365 on two different accounts, if the state does not follow the Indian constitution and if the state does not obey the union Government direction. […]

Article 363-A : Abolition of Privy Purse

Article 363-A was inserted in the Constitution (Twenty-sixth Amendment) Act, 1971. This amendment is best known for abolition of Privy Purse. It said that concept  of rulership, with privy purses and  special  privileges unrelated   to  any  current  functions   and   social   purposes,   is incompatible  with  an  egalitarian social  order.    Government have, therefore, decided to terminate the […]

Constitutional Immunity to President and Governor

As per Article 361, The President or Governor are not personally answerable to any court for the exercise and performance of their powers, while in office. But it does not mean that conduct of these two office holders can not be checked. The Article 361 makes it clear that conduct of the President may be […]

Martial Law versus National Emergency

Marital law is a state of affairs declared by a civilian government in which the military forces are empowered to rule, govern and control an area, which can be a small locality or the entire nation, in a way involving direct force, and without the usual constraints of democratic decision-making or the acceptance of civil […]

Fundamental Rights for Citizens and Foreigners in India

Fundamental Rights available to only citizens and not foreigners Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16). Six basic freedoms subject to reasonable restrictions (Article 19). Protection of language, script and culture of minorities (Article 29). Right […]

Provisions Regarding Scheduled Castes and Tribes in Indian Constitution

Constitution does not define as to who are the persons who belong to scheduled castes and scheduled tribes. However, Articles 341 and 342, empower the President of India to draw up a list of these castes and tribes. Scheduled castes and scheduled castes and scheduled tribes and those castes or tribes as the President may […]