Core Idea:
Any law that violates or contradicts Fundamental Rights (Part III) becomes void to the extent of inconsistency.Key Provisions:
Important Concepts:
Parliament may restrict or modify Fundamental Rights for:
Purpose:
Maintain discipline, security, and efficient discharge of duties.
During Martial Law, Parliament may:
Only Parliament can legislate regarding:
Key Point:
State legislatures cannot make laws on these matters.
Purpose:
Establish a welfare state.
Objective:
Promote social, economic and political justice.Key Goals:
The State must ensure:
“The State shall endeavour 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.”
(Inserted by 97th Constitutional Amendment Act, 2011)
“The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.”
“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 purposes of intoxicating drinks and of drugs which are injurious to health.”
(Inserted by 42nd Constitutional Amendment Act, 1976)
“The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
President vs Vice-President: Parallel Constitutional Articles
| Aspect | President (Article) | Vice-President (Article) | Similar Provision |
|---|---|---|---|
| Office Established | Article 52 | Article 63 | Both articles create the constitutional office |
| Election Method | Article 54 & Article 55 | Article 66 | Both elected by Electoral College, Proportional Representation, Single Transferable Vote, Secret Ballot |
| Term of Office | Article 56 | Article 67 | Both have 5-year term |
| Qualification | Article 58 | Article 66 (clause 3) | Both require Indian citizen + 35 years age |
| Office of Profit Rule | Article 58 | Article 66 | Cannot hold office of profit |
| Not Member of Legislature | Article 59 | Article 66 (clause 2) | Cannot remain MP/MLA while holding office |
| Oath / Affirmation | Article 60 | Article 69 | Both must take oath before assuming office |
| Vacancy & Election | Article 62 | Article 68 | Election to fill vacancy must be held |
| Election Disputes | Article 71 | Article 71 | Supreme Court decides disputes |
Article 55 explains the method of calculating votes in the Presidential election to ensure uniform representation of States and parity between States and the Union.
According to Article 55(1), as far as possible there should be uniformity in the scale of representation of different States in the election of the President.Under Article 55(2), the value of votes of elected members of State Legislative Assemblies and Members of Parliament is calculated through a specific formula.
For an MLA, the population of the State is divided by the total number of elected MLAs, and the quotient is divided by 1000 to determine the value of each MLA’s vote. This ensures equal weight to population in the electoral process.
The system maintains a balance between States and the Union Parliament in electing the President.
Article 61 provides the constitutional procedure for impeaching the President for violation of the Constitution.
According to Article 61(1), the charge of impeachment may be initiated by either House of Parliament.
Under Article 61(2), the proposal must be introduced through a resolution with at least 14 days’ written notice, and the notice must be signed by not less than one-fourth of the total members of the House. The resolution must then be passed by a two-thirds majority of the total membership of the House.
As per Article 61(3), after the charge is preferred by one House, the other House investigates the charge, and the President has the right to appear and defend himself or be represented during the investigation.
According to Article 61(4), if the investigating House also passes the resolution with a two-thirds majority of the total membership, the President stands removed from office from the date the resolution is passed..
Article 64 states that the Vice-President of India shall be the ex-officio Chairman of the Council of States (Rajya Sabha).
In this capacity, the Vice-President presides over the meetings of the Rajya Sabha and maintains order in the House.The Article also clarifies that the Vice-President shall not hold any other office of profit while serving in this role.
This provision ensures neutrality and impartiality in conducting parliamentary proceedings.
Article 65 deals with situations when the Vice-President performs the functions of the President.
According to Article 65(1), when there is a vacancy in the office of the President due to death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected and assumes office.
Under Article 65(2), if the President is unable to perform duties due to absence, illness, or any other reason, the Vice-President discharges the functions of the President temporarily.
As stated in Article 65(3), during this period, the Vice-President enjoys all the powers, immunities, emoluments, allowances, and privileges of the President as specified by Parliament or the Second Schedule of the Constitution.
Article 72 grants the President the power of clemency, which includes pardon, reprieve, respite, remission, suspension, or commutation of sentences.
Under Article 72(1)(a), the President can grant pardon in cases where punishment is awarded by a Court-Martial.
According to Article 72(1)(b), the President can grant clemency in offences related to laws under the executive power of the Union.
Most importantly, Article 72(1)(c) empowers the President to grant pardon or commute a death sentence, making it a final constitutional remedy for death-row convicts.
However, Article 72(2) clarifies that this power does not affect the authority of military officers to modify Court-Martial sentences, and Article 72(3) states that the Governor of a State also has power to suspend or commute a death sentence under State law.
Article 66(1) states that the Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament.
The election is conducted using the system of proportional representation by means of the Single Transferable Vote (STV) and voting is done by secret ballot. Unlike the election of the President, state legislative assemblies do not participate in this election.
Article 66(2) provides that the Vice-President cannot remain a member of Parliament or any State Legislature. If a sitting MP or MLA is elected Vice-President, his seat is considered vacated on the day he assumes office.
Article 66(3) lays down the qualifications for the Vice-President: the candidate must be a citizen of India, must have completed 35 years of age, and must be qualified for election as a member of the Rajya Sabha.
Article 66(4) further clarifies that the candidate must not hold any office of profit under the Government.
Example (News Context):
Whenever a Vice-Presidential election is conducted by Members of Parliament, the process follows Article 66(1) using the STV voting system.
Article 67 defines the tenure and removal procedure of the Vice-President. According to this article, the Vice-President holds office for a term of five years from the date he enters office.
Article 67(a) provides that the Vice-President may resign by submitting a written resignation to the President of India.
Article 67(b) states that the Vice-President can be removed by a resolution passed by the Rajya Sabha and agreed to by the Lok Sabha, provided that at least 14 days’ notice is given before moving the resolution.
Article 67(c) clarifies that even after completing the term, the Vice-President continues in office until his successor assumes charge.
Example (News Context):
When discussions arise regarding the resignation or possible removal of the Vice-President, Article 67(a) and Article 67(b) are frequently cited in news reports explaining the constitutional procedure for resignation or removal.
Article 72(1) gives the President of India the power to grant clemency in criminal cases. This includes powers such as Pardon, Reprieve, Respite, Remission, Suspension, or Commutation of sentence.
Commutation means substituting a harsher punishment with a lighter form of punishment while keeping the conviction intact. In simple terms, the nature of punishment changes, such as converting a death sentence into life imprisonment or rigorous imprisonment into simple imprisonment. This power is exercised by the President under Article 72 and the Governor under Article 161 as part of the executive clemency powers of the Constitution.
A well-known Indian example is the Rajiv Gandhi assassination case (1991). Several convicts initially received the death penalty, but later their punishment was commuted to life imprisonment through constitutional and judicial processes after mercy petitions and review of long imprisonment. This illustrates how commutation replaces a severe punishment with a less severe one without cancelling the conviction.
Respite refers to awarding a lesser sentence due to special circumstances of the convict. In this case, the punishment itself is reduced because of humanitarian factors such as pregnancy, old age, serious illness, or physical disability. Unlike commutation, the reduction occurs because of the personal condition of the offender.
In India, courts and executive authorities have considered pregnancy as a ground for granting respite. For instance, in cases where pregnant women were sentenced to imprisonment, courts have taken humanitarian considerations into account and reduced or modified the punishment.
The principle is reflected in decisions where execution of death sentence for pregnant women is avoided, demonstrating the constitutional emphasis on human dignity and compassion.
Remission means reducing the duration of a sentence without changing its nature. The type of punishment remains the same, but the period of imprisonment becomes shorter.
For example, a 10-year prison sentence may be reduced to 6 or 7 years through remission policies.A prominent example is the release of prisoners during the Azadi Ka Amrit Mahotsav initiative (2022) when the Government of India and several states granted remission to eligible prisoners who had completed a substantial part of their sentence and showed good conduct in jail. Such decisions are usually taken based on government remission policies, jail rules, and recommendations of review committees.
Reprieve refers to the temporary suspension or postponement of the execution of a sentence, particularly a death sentence, in order to give the convict time to seek legal remedies such as appeal, review, or mercy petition. It does not change the punishment permanently but delays its execution.
A notable Indian example is the case of Yakub Memon (2015 Mumbai blasts case). Before his execution, the Supreme Court granted a short reprieve to allow the hearing of last-minute petitions and legal remedies. This temporary delay illustrates how reprieve ensures that all constitutional and legal options are exhausted before a death sentence is carried out.
Article 72(1)(a) applies this power to cases where the punishment is given by a Court-Martial.
Article 72(1)(b) allows the President to grant clemency in cases involving offences against laws related to matters under the executive power of the Union.
Article 72(1)(c) gives the President the authority to grant clemency in cases involving a death sentence, making it one of the most significant constitutional safeguards.
Article 72(2) clarifies that this power does not affect the authority of military officers to modify court-martial sentences under military law.
Article 72(3) states that the President’s power in death sentence cases does not remove the power of the Governor to grant clemency under state law.
Example (News Context):
In recent discussions about mercy petitions filed by death-row convicts, Article 72(1)(c) was highlighted because it gives the President the constitutional authority to grant pardon or commute a death sentence after judicial remedies are exhausted.