Indian Polity: The 42nd Amendment Act (1976) Is Known As Mini-Constitution'

PYRAMID IAS ACADEMY IV- A Fundamental Duties 51-A
KARAIKUDI THE UNION

INDIAN POLITY The Executive 52-78
Parliament 79-122
SALIENT FEATURES OF THE CONSTITUTION V Legislative Powers of the 123
President
1. Lengthiest Written Constitution The Union Judiciary 124-147
Originally (1949), the Constitution contained CAG of India 148-151
a Preamble, 395 Articles (divided into 22 Parts) and 8 THE STATES
Schedules. Presently (2013), it consists of a Preamble, General (Definition) 152
about 465 Articles (divided into 25 Parts) and 12 The Executive 153-167
Schedules. The State Legislature 168-212
VI Legislative Powers of the 213
The 42nd Amendment Act (1976) is known as Governor
‘Mini-Constitution’
The High Courts in the 214-231
States
Factors for the Lengthiest constitution
Subordinate Courts 233-237
(a) Geographical factors, that is, the vastness of the
country and its diversity. VIII The Union Territories 239-241
(b) Historical factors, e.g., the influence of the IX The Panchayats 243 - 243-0
Government of India Act of 1935, which was bulky. IX-A The Municipalities 243-P-243
(c) Single Constitution for both the Centre and the ZG
states except Jammu and Kashmir. IX-B The Co-Operative Societies 243-ZH to
243-ZT
2. Drawn from Various Sources X The Scheduled and Tribal 244 - 244-A
3. Blend of Rigidity and Flexibility Areas
4. Federal System with Unitary Bias XI Relation b/w union & states
5. Parliamentary Form of Government Legislative Relations 245-255
6. Integrated and Independent Judiciary Administrative Relations 256-263
7. Fundamental Rights XII Finance, Property,
8. Directive Principles of State Policy Contracts & Suits
9. Fundamental Duties Finance 264-290
10. A Secular State Borrowing 292-293
11. Universal Adult Franchise Property, Contracts, Rights, 294-300
The voting age was reduced to 18 years from 21 years Liabilities, Obligations and
in 1989 by the 61st Constitutional Amendment Act of Suits
1988. Right to Property 300-A
12. Single Citizenship
XIII Trade, Commerce and 301-307
13. Independent Bodies
Intercourse within the
14. Emergency Provisions
territory of India
15. Three-tier Government
73rd and 74th Constitutional Amendment Acts (1992) XIV SERVICES UNDER
UNION & STATES
have added a third-tier of government.
➢ The 73rd Amendment Act of 1992 gave Services 308-314
constitutional recognition to the panchayats Public Service 315-323
(rural local governments) by adding a new Part Commissions
IX and a new Schedule 11 to the Constitution. XIV- A Tribunals 323-A to
➢ The 74th Amendment Act of 1992 gave 323-B
constitutional. recognition to the municipalities XV Elections 324 to 329
(urban local governments) by adding a new Part XVI Special Provisions Relating 330-342
IX-A18 and a new Schedule 12 to the to
Constitution. Certain Classes
XVII OFFICIAL LANGUAGE
PARTS SUBJECTS ARTICLES Language of the Union 343-344
I The Union and its territory 1-4 Regional Languages 345- 347
II Citizenship 5-11 Languages of the Supreme 348- 349
III Fundamental Rights 12-35 Court, High Courts, etc.
Directive Principles of State 36-51 Special Directives 350- 351
IV XVIII Emergency Provisions 352-360
Policy
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
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XIX Miscellaneous 361-367 South Africa 1. Election of members of the Rajya
XX Amendment of Constitution 368 Sabha
XXI Temporary, Transitional 369-392
and 2. Amendment of the Constitution
Special Provisions Japan 1. Concept of “procedure
XXII Short Title, Commencement, 393-395 established by Law”
Authoritative Text in Hindi
and Repeals Schedules of Indian Constitution
Name of Borrowed Features of the First Schedule

Countries Constitution Names of states and their territorial Jurisdiction.
Britain 1. Parliamentary government Names of the U.T and their Extent.
2. Rule of Law
3. Legislative procedure Second Schedule
4. Single citizenship Lists the emoluments for holders of constitutional
5. Cabinet system offices such as salaries of President, Vice President,
6. Prerogative writs Ministers, Judges and Comptroller and Auditor-
7. Parliamentary privileges General of India etc.
8. Bicameralism
Third Schedule
Ireland 1. Directive Principles of State
This schedule lists the various forms of oath for
Policy
holders of various constitutional offices.
2. Method of Election of the
president
Fourth Schedule
3. Members nomination to the
Fourth schedule enumerates the allocation of Rajya
Rajya Sabha by the President
Sabha seats to States or Union Territories.
Unites States of 1. Impeachment of the president
America 2. Functions of president and vice-
Fifth Schedule
president
This schedule enumerates administration and control
3. Removal of Supreme Court and
of Scheduled Areas and Scheduled Tribes.
High court judges
4. Fundamental Rights
Sixth Schedule
5. Judicial review
This schedule comprises provisions for the
6. Independence of judiciary
administration of tribal areas in Assam, Meghalaya,
7. Preamble of the constitution
Tripura, Mizoram.
Canada 1. Centrifugal form of federalism
where the centre is stronger than Seventh Schedule
the states. This schedule has divided the Union and State
2. Residuary powers vest with the subjects on which they can make laws. It comprises
centre Union List, State List and Concurrent List.
3. Centre appoints the Governors at
the states Eighth Schedule
4. Advisory jurisdiction of the This schedule lists the official languages of the Union.
supreme court Originally, it had 14 languages but presently
Australia 1. Concept of Concurrent list there are 22 languages. They are: Assamese, Bengali,
2. Article 108 i.e. Joint sitting of the Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada,
two houses Kashmiri, Konkani, Mathili (Maithili), Malayalam,
3. Freedom of trade and commerce Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit,
USSR (Now 1. Fundamental duties Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was
Russia) 2. The ideals of justice (social, added by the 21st Amendment Act of 1967; Konkani,
economic and political), expressed Manipuri and Nepali were added by the 71st
in the Preamble. Amendment Act of 1992; and Bodo, Dongri, Maithili
France 1. Concept of “Republic” and Santhali were added by the 92nd Amendment
2. Ideals of Liberty, Equality and Act of 2003.
Fraternity (contained in the
Preamble) Ninth Schedule
Germany 1. Fundamental Rights are This schedule enumerates land and tenure reforms
suspended during Emergency and abolition of Zamindari System.

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Tenth Schedule 4. Democratic
This schedule comprises Anti-defection provisions The term ‘democracy’ is derived from two Greek
for Members of Parliament and Members of the State words, namely, Demos and Kratia meaning ‘People’
Legislatures, was added by 52th Amendment act of and ‘rule’ respectively.
1985. Democracy is of two types— direct and indirect. In
direct democracy, the people exercise their supreme
Eleventh Schedule power directly as is the case in Switzerland.
It was added by 73rd amendment act of 1992 and has
list of subjects under the Panchayat Raj institutions or Four devices of direct democracy,
rural local government. ➢ Referendum
➢ Initiative
Twelfth Schedule ➢ Recall
It was added by 74th amendment act of 1992 and ➢ Plebiscite
enlists the subjects under Municipalities or urban
local government. Referendum - is a procedure whereby a proposed
legislation is referred to the electorate for settlement
PREAMBLE OF THE CONSTITUTION by their direct votes.
The term ‘preamble’ refers to the introduction or Initiative - is a method by means of which the people
preface to the Constitution. It contains the summary can propose a bill to the legislature for enactment.
or essence of the Constitution. Recall- is a method by means of which the voters can
remove a representative or an officer before the
It has been amended by the 42nd Constitutional expiry of his term, when he fails to discharge his
Amendment Act (1976), which added three new duties properly.
words— socialist, secular and integrity.
Plebiscite- is a method of obtaining the opinion of
Text of the Preamble: - people on any issue of public importance. It is
generally used to solve the territorial disputes.
“We, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN 5. Republic
SOCIALIST SECULAR DEMOCRATIC REPUBLIC A democratic polity can be classified into two
and to secure to all its citizens: categories— monarchy and republic.
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and In a monarchy, the head of the state (usually king or
worship; EQUALITY of status and of opportunity; queen) enjoys a hereditary position, that is, he comes
and to promote among them all; into office through succession,
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation; In a republic, on the other hand, the head of the state
IN OUR CONSTITUENT ASSEMBLY this twenty- is always elected directly or indirectly for a fixed
sixth day of November 1949, do HEREBY ADOPT, period,
ENACT AND GIVE TO OURSELVES THIS India has an elected head called the president. He is
CONSTITUTION”. elected indirectly for a fixed period of five years.
Key Words in the Preamble: - 6. Justice

The term ‘justice’ in the Preamble embraces three
1. Sovereign distinct forms— social, economic and political.
The word ‘sovereign’ implies that India is neither a
dependency nor a dominion of any other nation, but “The ideal of justice— social, economic and
an independent state2. There is no authority above it, political— has been taken from the Russian
and it is free to conduct its own affairs (both internal Revolution (1917)”
and external).
7. Liberty
2. Socialist The term ‘liberty’ means the absence of restraints on
the activities of individuals,
3. Secular The Preamble secures to all citizens of India liberty of

The term ‘secular’ was added by the 42nd thought, expression, belief, faith and worship,
Constitutional Amendment Act of 1976. through their Fundamental Rights.

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8. Equality submitted report in April 1949 and formally rejected
language as the basis for reorganisation of states.
9. Fraternity However, in October 1953, the Government of
“The ideals of liberty, equality and fraternity in our India was forced to create the first linguistic state,
Preamble have been taken from the French known as Andhra state, by separating the Telugu
Revolution (1789– 1799)” speaking areas from the Madras state. This followed a
prolonged popular agitation and the death of Potti
Sriramulu, a Congress person of standing, after a 56-
ARTICLES day hunger strike for the cause.
THE UNION AND ITS TERRITORY Fazl Ali Commission

Articles 1 to 4 under Part-I of the Constitution deal The creation of Andhra state intensified the
with the Union and its territory. demand from other regions for creation of states on
linguistic basis. This forced the Government of India
1. Name and territory of the Union. to appoint a three-member States Reorganisation
2. Admission or establishment of new States. Commission under the chairmanship of Fazl Ali. Its
2A. [Repealed.] other two members were K M Panikkar and H N
3. Formation of new States and alteration of areas, Kunzru. It submitted its report in September 1955
boundaries or names of existing States. and broadly accepted language as the basis of
4. Laws made under articles 2 and 3 to provide for reorganisation of states. But, it rejected the theory of
the amendment of the First and the Fourth ‘one language– one state’.
Schedules and supplemental, incidental and By the States Reorganisation Act (1956) and the 7th
consequential matters. Constitutional Amendment Act (1956), 14 states and 6
union territories were created on November 1, 1956.
Evolution of States and Union Territories
New States and Union Territories Created After
Integration of Princely States
1956
At the time of independence, India has two
In 1960, the bilingual state of Bombay was divided
political units, namely, the British provinces (under
into two Maharashtra for Marathi-speaking people
the direct rule of British government) and the
and Gujarat for Gujarati-speaking people.
princely states (under the rule of native princes but
Gujarat was established as the 15th state of the Indian
subject to the paramountcy of the British Crown).
Union.
The Indian Independence Act (1947) created two
Dadra and Nagar Haveli, It was converted into a
separate dominions of India and Pakistan and gave
union territory of India by the 10th Constitutional
three options to the princely states viz., joining India,
Amendment Act, 1961.
joining Pakistan or remaining independent. Of the
Goa, Daman and Diu they were constituted as a
552 princely states, 549 joined India and the
union territory by the 12th Constitutional
remaining 3 (Hyderabad, Junagarh and Kashmir)
Amendment Act, 1962. Later, in 1987, Goa was
refused to join India.
conferred a statehood.
However, in course of time, they were also
Puducherry it was made a union territory by the
integrated with India—
14th Constitutional Amendment Act.
➢ Hyderabad by means of police action.
In 1963, the State of Nagaland was formed as 16th
➢ Junagarh by means of referendum.
state of India.
➢ Kashmir by the Instrument of Accession.
In 1966, the State of Punjab was bifurcated to create
Haryana, the 17th state of the Indian Union, and the
Dhar Commission and JVP Committee
union territory of Chandigarh.
There has been a demand for reorganization of
In 1971, the union territory of Himachal Pradesh
states on linguistic basis. Accordingly, in June 1948,
was elevated to the status of a state (18th state of the
the Government of India appointed the Linguistic
Indian Union).
Provinces Commission under the chairmanship of S
In 1972, (Manipur 19th, Tripura 20th and
K Dhar to examine the feasibility of this. The
Meghalaya 21st).
commission submitted its report in December 1948
The 36th Constitutional Amendment Act (1975)
and recommended the reorganization of states based
was enacted to make Sikkim a full-fledged state of
on administrative convenience rather than linguistic
the Indian Union (the 22nd state).
factor.
In 1987, three new States of Mizoram, Arunachal
Another Linguistic Provinces Committee in
Pradesh and Goa came into being as the 23rd, 24th
December 1948. It consisted of Jawaharlal Nehru,
and 25th states of the Indian Union respectively.
Vallahbhai Patel and Pattabhi Sitaramayya and
In 2000, Chhattisgarh, Uttarakhand and Jharkhand
hence, was popularly known as JVP Committee6. It
were created out of the territories of Madhya
4
Pradesh, Uttar Pradesh and Bihar respectively. These This is with respect to before or after the
became the 26th, 27th and 28th states of the Indian commencement of the Constitution of India. (Ar.8)
Union respectively. If a person voluntarily acquired the citizenship of
2nd June 2014 Telangana formed 29th state. another country, he shall forfeit the right of the
citizenship of India. (Ar.9)
Note: In 1969, Madras was renamed ‘Tamil Nadu’. The citizenship can be acquired by 5 ways.
1. By Birth: - Born in India after Jan 26, 1950 but
CITIZENSHIP before July 1, 1987 is a citizen by Birth irrespective of
The Constitution deals with the citizenship from parent’s nationality.
Articles 5 to 11 under Part II. After 1st July 1987 if either of parents should be a
citizen
5. Citizenship at the commencement of the 2. By Descent: - A person born outside India was
Constitution. entitled to Indian citizenship if his father was an
6. Rights of citizenship of certain persons who have India citizen.
migrated to India from Pakistan. NOTE: Not Mother This was amended in the year
7. Rights of citizenship of certain migrants to 1992.
Pakistan. A person born outside India on or after January 26,
8. Rights of citizenship of certain persons of Indian 1950 is a citizen of India by descent if, at the time of
origin residing outside India. his birth either of his parents was an Indian citizen.
9. Persons voluntarily acquiring citizenship of a 3. By Registration: -
foreign State not to be citizens. 4. By Naturalization
10. Continuance of the rights of citizenship. 5. BY INCORPORATION OF TERRITORY
11. Parliament to regulate the right of citizenship by
law. Loss of Citizenship
The Parliament has enacted the Citizenship Act, 1955. 1.BY RENUNCIATION
By which a person can acquire a Citizenship. 2.BY TERMINATION
The Citizenship Act, 1955 has been amended in 1986, 3.BY DEPRIVATION
1992, 2003 and 2005.
FUNDAMENTAL RIGHTS
Four Categories @ the commencement of constitution The Fundamental Rights are enshrined in Part
I) If he has his domicile in the territory of India, or he III of the Constitution from Articles 12 to 35.
or either of his parents were born in India or He has
been resident in the territory of India for not less than The fundamental rights are justifiable in Nature.
5 years immediately before the commencement of the
Constitution. (Ar.5) 12. Definition.
II) Two types of distinctions. 13. Laws inconsistent with or in derogation of the
1. The people migrating to India before July fundamental rights.
19, 1948
2. The people migrating to India after July 19, Right to Equality (14-18)
1948
1) The person or his parents or any of grandparents 14. Equality before law.
born in Undivided India and has been ordinarily 15. Prohibition of discrimination on grounds of
residing in India since the date of the migration. religion, race, caste, sex or place of birth.
2) He should have been registered as a citizen of 16. Equality of opportunity in matters of public
India and has been residing in India for at least 6 employment.
months immediately preceding the date of 17. Abolition of Untouchability.
application. (Ar.6) 18. Abolition of titles except military and academic.
III) A person who migrated to Pakistan from India
after March 1, 1947, but later returned to India for
resettlement could become a citizen of India. For this Right to Freedom (19-22)
he had to be the resident of India for 6 months
19. Protection of certain rights regarding freedom of
preceding the date of his application for registration.
speech, etc.
(Ar.7)
20. Protection in respect of conviction for offences.
IV) A person or Any of his parents or any of his
21. Protection of life and personal liberty.
grandparents born in Undivided India but
21A. Right to education.
ordinarily residing outside India shall become a
22. Protection against arrest and detention in certain
citizen of India if registered as a citizen of India by
cases.
the diplomatic representative of India in that country.
5
Right against Exploitation (23-24) Ar-21A
Was present in Article 45 of the constitution. Through
23. Prohibition of traffic in human beings and forced 86th amendment in 2002 it was made a fundamental
labour. right. This came into force on April 1, 2010.
24. Prohibition of employment of children in
factories, etc. Equality of Opportunity in Employment
1st Backward Class Commission was in 1953 by Kaka
Right to Freedom of Religion (25-28) Kalelkar.
Mandal Commission: - 2nd was in 1979 under B P
25. Freedom of conscience and free profession, Mandal by Morarji Desai Government. Gave 27% for
practice and propagation of religion. OBC
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of Ar-32 (According B R Ambedkar Article 32 is the
any particular religion. heart and soul of the Indian Constitution)
28. Freedom as to attendance at religious instruction The Supreme Court and High Courts can issue writs.
or religious worship in certain educational Article 359 of the constitution provides the right to
institutions. move Supreme Court can be suspended during
national emergency.
Cultural and Educational Rights (29-30)
HABEAS CORPUS: (TO PRODUCE THE BODY).
29. Protection of interests of minorities. It is an order issued by the court to a person who has
30. Right of minorities to establish and administer detained another person, to produce the body of the
educational institutions. latter before it. Hence this is against arbitrary
31. [Repealed.] detention. This can be issued to a private person or
public authorities.
Right to Constitutional Remedies- 32
Mandamus: (To Command):
32. Remedies for enforcement of rights conferred by Issued to a public official asking him to perform his
this Part. official duties that he has failed or refused to perform.
32A. [Repealed.] (this cannot be issued against President or Governor
33. Power of Parliament to modify the rights or CJ of a HC or against any private person).
conferred by this Part in their application to
Forces, etc. Prohibition: (to forbid):
34. Restriction on rights conferred by this Part while Issued by a higher court to a lower court or tribunal
martial law is in force in any area. to prevent the latter from exceeding its jurisdiction or
35. Legislation to give effect to the provisions of this usurping a jurisdiction that it does not possess.
Part.
Certiorari (To be certified or to be informed):
➢ FR is called the Magna Carta of India. Issued by a higher court to a lower court or tribunal
➢ Right to property (31) (Deleted by 44th either to transfer case pending with the latter to it or
amendment 1978) and made legal right under to squash the order of the latter in a case.
Article 300 A in part XII of the constitution.
➢ Except Fundamental rights guaranteed under Quowarranto (By what Authority?):
Articles 20 and 21 remaining Fundamental rights It is issued by a court to enquire into the legality of
can be suspended during operation of National claim of a person to a public office.
Emergency.
➢ Article 19 can be suspended only when emergency Ar.33
is declared on the grounds of war or external Restrict FR to members of armed forces, para-military
aggression and not on the grounds of armed forces, Police force, Intelligence agencies.
rebellion.
➢ Article 13: All laws that violate Fundamental Fundamental Rights available only to citizens and
Rights shall be void. not to foreigners: -
➢ That Power is conferred to SC (Article 32) and
High Courts (Article 226) that can declare a law Article 15, Article 16, Article 19, Article 29, Article 30
unconstitutional.
Ar-20
1) No ex-post-facto Legislation
2) No Double Jeopardy
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Fundamental Rights available to both citizens and 2. Formation of new states and alteration of
foreigners (except enemy aliens) areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils
Article 14, Article 20, Article 21, Article 21A, Article 22, in states.
Article 23, Article 24, Article 25, Article 26, Article 27, 4. Second Schedule
Article 28 5. Quorum in Parliament.
6. Salaries and allowances of the members of
DIRECTIVE PRINCIPLES OF STATE POLICY Parliament.
(36-51) 7. Rules of procedure in Parliament.
➢ These are the recommendations to the state in 8. Privileges of the Parliament, its members
Legislative, Executive and Administrative and its committees.
matters. 9. Use of English language in Parliament.
➢ Non-justifiable in nature. 10. Number of puisne judges in the Supreme
Court.
FUNDAMENTAL DUTIES (51A) 11. Conferment of more jurisdiction on the
Supreme Court.
These were added on the recommendation of 12. Use of official language.
Swaran Singh Committee (1976). 13. Citizenship—acquisition and termination.
The 10 Fundamental Duties were added to the 14. Elections to Parliament and state
Constitution in the year 1976 through 42nd legislatures.
amendment. The 11th Fundamental Duty was added 15. Delimitation of constituencies.
in the year 2002 through the 86th amendment of the 16. Union territories.
Indian Constitution. 17. Fifth Schedule.
18. Sixth Schedule.
51A. Fundamental duties.
(b) Amendment by special majority of the Parliament
AMENDMENT OF THE INDIAN FR, DPSP & All provisions not covered in 1st
CONSTITUTION and 3 categories
rd
Amendment means Addition, Deletion, Modification (c) Amendment by special majority of the Parliament
of that already existing in the Constitution. and the ratification of half of the state legislatures by
a Simple Majority.
PROCEDURE FOR AMENDMENT 1. Election of the President and its manner.
2. Extent of the executive power of the Union
Initiated in the Parliament (Lok Sabha or Rajya and the states.
Sabha) only by introducing a bill. 3. Supreme Court and high courts.
Bill can be introduced either by a public member 4. Distribution of legislative powers between
(Minister) or by a Private member (who is not a the Union and the states.
Minister, but a member of the house). 5. Any of the lists in the Seventh Schedule.
Bill must be passed in each house separately by a 6. Representation of states in Parliament.
special majority. 7. Power of Parliament to amend the
Disagreement between the two house the bill is Constitution and its procedure (Article 368 itself).
considered to be rejected.
There is no provision of Joint Sitting in the EMERGENCY PROVISIONS
Constitution for passing a constitution amendment
bill. (Joint session is summoned by President only Three types of emergencies
when there is a disagreement between two houses (Article 352) - Due to war, external aggression or
with reference to ordinary bills only) armed rebellion. known as “National Emergency”
Bill is presented to the President after it is passed. (Article 356) - Failure of the constitutional machinery
President must give assent to constitution in the states. known as “President ‘s Rule” or “State
amendment bill he cannot withhold the assent and Emergency”.
cannot return the bill for the reconsideration. After (Article 360) - Financial.
the assent of the President the amendment bill
becomes an act. Grounds of Declaration
Types of Amendments 1) National Emergency

Constitution can be amended in three ways: ➢ President can declare when the security of India
(a) Amendment by simple majority of the Parliament or a part of it is threatened.
1. Admission or establishment of new states.
7
➢ Can declare a national emergency even before the months after the emergency has ceased to
actual occurrence of war. operate.
➢ When declared on the ground of ‘war ‘or ➢ President can modify the distribution of revenues
‘external aggression ‘, it is known as External between the center and the states.
Emergency. when it is declared on the ground of ➢ Life of the Lok Sabha may be extended beyond its
‘armed rebellion ‘it is known as Internal normal term (five years) by a law of Parliament
Emergency. for one year at a time (for any length of time).
➢ Applicable to the entire country or only a part of ➢ Extension cannot continue beyond a period of six
it. months after the emergency has ceased to
➢ 44th Amendment Act 1978 substituted the words operate. Applicable to state Legislature.
armed rebellion for internal disturbance. ➢ Suspension of other Fundamental Rights (except
those guaranteed by Articles 20 and 21).
Parliamentary Approval and Duration ➢ Emergency has been proclaimed three times so
➢ Must be approved by both the Houses within one far—in 1962, 1971 and 1975.
month from the date of its issue.
➢ Originally, the period two months, but was 2) President’s Rule
reduced by the 44th Amendment Act of 1978.
➢ If approved by both the Houses, the emergency ➢ Article 365 - whenever a state fails to follow any
continues for six months, and can be extended to direction from the Centre, it will be lawful for the
an indefinite period with an approval of the president to hold that a situation has arisen in
Parliament for every six months. Provision for which the government of the state cannot be
periodical parliamentary approval was also carried on in accordance with the provisions of
added by the 44th Amendment Act of 1978. the Constitution.
➢ Must be passed by either House of Parliament by ➢ Approved by both the Houses within two months
a special majority. from the date of its issue by a simple majority.
➢ Special majority provision was introduced by the ➢ Continues for six months. It can be extended for a
44th Amendment Previously passed by a simple maximum period of three years with the
majority. approval of the Parliament, every six months.
➢ Revoked by the President at any time Such a
Revocation of Proclamation proclamation does not require the parliamentary
➢ Revoked by the President at any time and does approval.
not require the parliamentary approval. ➢ The President dismisses the state council of
➢ President must revoke if the Lok Sabha passes a ministers headed by the chief minister.
resolution disapproving its continuation. Again, ➢ Governor, on behalf of the President, carries on
this safeguard was introduced by the 44th the state administration with the help of the chief
Amendment Act of 1978. secretary of the state.
➢ Before the amendment, a proclamation could be ➢ Parliament passes the state legislative bills and
revoked by the president on his own and the Lok the state budget.
Sabha had no control in this regard.
➢ 44th Act also provided that, where one-tenth of 3) Financial Emergency
the total number of members of the Lok Sabha ➢ Which the financial stability or credit of India or
give a written notice to the Speaker (or to the any part of its territory is threatened.
president if the House is not in session), a special ➢ Must be approved by both the Houses within two
sitting of the House should be held within 14 months from the date of its issue by a simple
days for the purpose of considering a resolution majority.
disapproving the continuation of the ➢ Once approved by both the Houses the Financial
proclamation. Emergency continues indefinitely till it is
revoked.
Effects of National Emergency ➢ Revoked by the president at any time.
➢ state governments are brought under the ➢ No Financial Emergency has been declared so far.
complete control of the Centre.
➢ Parliament can make laws on any subject CENTRE-STATE RELATIONS
mentioned in the State List.
➢ Legislative power of a state legislature is not Three-fold distribution
suspended; it becomes subject to the overriding List-I (the Union List), List-II (the State List) and List-
power of the Parliament. III (the Concurrent List) in the Seventh Schedule:
➢ Laws made by Parliament on the state subjects
during Emergency become inoperative six

8
The 42nd Amendment Act of 1976 transferred five until a new President is elected and election
subjects to Concurrent List from State List, that is, (a) should be held within six months.
education, (b) forests, (c) weights and measures, (d) ➢ Eligible for re-election to Presidential office.
protection of wild animals and birds, and (e)
administration of justice. Vacancy in the President’s Office
The power to make laws with respect to residuary 1. On the expiry of his tenure of five years.
subjects (i.e., the matters which are not enumerated 2. By his resignation.
in any of the three lists) is vested in the Parliament. 3. On his removal by the process of impeachment.
4. By his death.
Parliamentary Legislation in the State Field 5. When he becomes disqualified to hold office or
when his election is declared void.
i) When Rajya Sabha Passes a Resolution
ii) During a National Emergency Presidents Impeachment
iii) When States Make a Request ➢ Can be impeached from his office for violation of
iv) To Implement International Agreements the Constitution.
v) During President’s Rule ➢ Initiated by either House and it should be signed
by at least 1/4th members.
Centre– state relations Commission ➢ 14 days ‘notice should be given to President.
1) Administrative Reforms Commission (ARC) in ➢ Should be passed by special majority.
1966 ➢ After both house passes President stands
removed from his office from the date on which
2) Rajamannar Committee In 1969 the bill is so passed.
3) Sarkaria Commission In 1983 under the The Powers and Functions of the President
chairmanship of R S Sarkaria
Executive Powers
4) Punchhi Commission in 2007 under the ➢ He appoints the Prime Minister, Ministers,
Chairmanship of Madan Mohan Punchhi, former Attorney General of India, Comptroller and
Chief Justice of India. Auditor General of India, Chief Election
Commissioner and other Election
CENTRAL GOVERNMENT Commissioners, the Chairman and Members of
the UPSC, the Governors of the states, the
PRESIDENT Chairman and the members of the Finance
➢ Elected by an electoral college consisting of Commissions etc.
elected members of the two Houses, Legislative ➢ Can appoint a commission to investigate into the
Assemblies of the States, national capital territory conditions of SCs, STs and OBCs.
of Delhi and the Union territory of Pondicherry ➢ He is the Commander in Chief of the Indian
by means of a single transferable vote. Armed Forces.
➢ Nominated members of both house, state ➢ Can grant a pardon to or reduce the sentence of a
legislative, UT and State Legislative Council (both convicted person.
elected and nominated) will not Participate.
The Legislative Powers
Eligibility ➢ Can summon or end a session of the Parliament
➢ Indian citizen. and dissolve the Lok Sabha.
➢ completed the age of thirty-five (35) years. ➢ Summon a joint sitting of both the houses of
➢ qualified for election as a member of the Lok Parliament which is presided over by the Speaker
Sabha. of the Lok Sabha.
➢ Should not hold any office of profit under ➢ Can appoint a member of the Lok Sabha to
Government. preside over its proceeding when both Speaker as
well as Deputy Speaker posts are vacant.
Presidents’ Term of Office ➢ Also can appoint any member of the Rajya Sabha
➢ Appointed by the Chief Justice of India and in his to preside over its proceeding when both the
absence, by the senior most judge of the Supreme Chairman ‘s and Deputy Chairman ‘s office falls
Court. vacant.
➢ President holds office for a five year. ➢ Can nominate 12 members to the Rajya Sabha
➢ Can resign at any time by addressing the ➢ When a bill is sent to the Parliament after it has
resignation letter to the Vice-President of India. been passed by the parliament, the President can
➢ If vacancy occurs due to his death, resignation or give his assent to the bill or withhold his assent to
removal the Vice president acts as the President the bill or return the bill (if it is not a Money Bill
9
or a Constitutional Amendment Bill) for any such person is elected Vice-President, he
reconsideration of the Parliament. should vacate his seat in that House.
➢ Can promulgate ordinances when both the ➢ Vice-President can be removed from office by a
Houses of the Parliament are not in session resolution of the Council of States (Rajya Sabha),
(Article 123) and must be approved by the passed by a majority of its members at that time
Parliament within the six weeks of its reassembly. and agreed to by the House of the People (Lok
➢ Emergency Powers. Sabba).
➢ He acts as the ex-officio Chairman of Rajya Sabha.
Pardoning Power of the President
➢ Article 72 of the Constitution empowers the PRIME MINISTER
President to grant pardons.
1. Pardon: - It removes both the sentence and the Prime Minister is the real executive authority
conviction and completely the convict from all
sentences, punishments and disqualifications. Appointment of the Prime Minister
2. Commutation: - It denotes the substitution of one
form of punishment for a lighter form. For example, a ➢ Article 75 says Prime Minister shall be appointed
death sentence may be commuted to rigorous by the president.
imprisonment, which in turn may be commuted to a ➢ The President appoints the leader of the majority
simple imprisonment. party in the Lok Sabha as the Prime Minister.
3. Remission: - It implies reducing the period of ➢ When no party has majority the President may
sentence without changing its character. For example, exercise his personal discretion in the selection
a sentence of rigorous imprisonment for two years and appointment of the Prime Minister.
may be remitted to rigorous imprisonment for one ➢ Such a situation, President usually appoints the
year. leader of the largest party or coalition in the Lok
4. Respite: - It denotes awarding a lesser sentence in Sabha as the Prime Minister and asks him to seek
place of one originally awarded due to some special a vote of confidence in the House within a month.
fact, such as the physical disability of a convict or the ➢ A person who is not a member of either House
pregnancy of a woman offender. can be appointed as Prime Minister for six
5. Reprieve: - It implies a stay of the execution of a months, within which, he should become a
sentence (especially that of death) for a temporary member of either House otherwise, he ceases to
period. be the Prime Minister.
Note: - Powers and Functions of the Prime Minister

1. The President can pardon sentences inflicted by
court martial (military courts) while the governor ➢ The President can appoint only those persons as
cannot. ministers who are recommended by the Prime
2. The President can pardon death sentence while Minister.
governor cannot. Even if a state law prescribes death ➢ Allocates and reshuffles various portfolios among
sentence, the power to grant pardon lies with the the ministers.
President and not the governor. ➢ Ask a minister to resign or advise the President to
dismiss him in case of difference of opinion.
VICE-PRESIDENT OF INDIA ➢ He guides, directs, controls, and coordinates the
➢ The second highest constitutional office in the activities of all the ministers & when the P.M
country. He serves for a five-year. resigns or dies will automatically dissolve the
➢ Elected by the members of an electoral college council of ministers.
consisting of: ➢ Advises the president to the appointment
1. both elected and nominated members of attorney general of India, Comptroller and
the Parliament (in the case of president, Auditor General of India, chairman and members
only elected members). of the UPSC, election commissioners, chairman
2. It does not include the members of the and members of the finance commission and so
state legislative assemblies (in the case of on.
President, the elected members of the ➢ Advises the President to summoning and
state legislative assemblies are included) proroguing of the sessions of the Parliament &
➢ Citizen of India and has completed the age of 35 recommend dissolution of the Lok Sabha to
years, and is qualified for election as a member of President at any time.
Rajya Sabha. ➢ He is the chairman of the Planning Commission
➢ Should not be a member of either House of (now NITI AAYOG), National Development
Parliament or a House of the state legislature. If Council, National Integration Council, Inter-State
Council and National Water Resources Council.
10
C.M who Became P.M ➢ Representatives of states & UT are elected by the
1. Morarji Desai – Bombay elected members of state legislative assemblies &
2. Charan Singh – U.P UT by means of the single transferable vote.
3. P.V Narasimha Rao – A. P ➢ The seats are allotted to the states on the basis of
4. V.P Singh – U.P population.
5. H.D Deve Gowda – Karnataka ➢ Out of the 7 UT only (Delhi and Puducherry)
6. Narendra Modi – Gujarat have representation in Rajya Sabha. The
populations of other five union territories are too
COUNCIL OF MINISTERS small to have any representative in the Rajya
➢ The total number of ministers, including the Sabha.
Prime Minister, in the Council of Ministers shall ➢ President nominates 12 members to the Rajya
not exceed 15% of the total strength of the Lok Sabha from people who have special knowledge
Sabha. The provision was added by the 91st or practical experience in art, literature, science
Amendment Act of 2003. and social service.
➢ The ministers shall hold office during the ➢ He must be not less than 30 years of age.
pleasure of the President.
➢ The council of ministers shall be collectively Duration of Rajya Sabha
responsible to the Lok Sabha. ➢ The Rajya Sabha is a permanent body and not
➢ A minister who is not a member of either house subject to dissolution & one-third of its members
for a period of six consecutive months shall cease retire every second year.
to be a minister. ➢ Retiring members are eligible for re-election and
➢ Article 74 - council of ministers to aid and advise renomination any number of times.
the president. ➢ Term of office of a member of the R.S is six years.
➢ When the Lok Sabha passes a no-confidence
motion against the council of ministers, all the Composition of Lok Sabha
ministers have to resign including those ministers ➢ The maximum strength fixed at 552. Out of this,
who are from the Rajya Sabha. 530 are to be the representatives of the states, 20
are to be the representatives of the UT and 2 are
PARLIAMENT to be nominated by the president from the Anglo-
Indian community.
Articles 79 to 122 in Part V of the Constitution deal ➢ Representatives of states & UT are directly
with the organization, composition, duration, elected by the people from the territorial
officers, procedures, privileges, powers and so on of constituencies in the states. based on universal
the Parliament. adult franchise.
➢ The voting age was reduced from 21 to 18 years
Organisation of Parliament by the 61st Constitutional Amendment Act, 1988.
➢ The Parliament of India consists of three parts ➢ He must not less than 25 years of age.
viz, the President, the Council of States (Rajya
Sabha) and the House of the People (Lok Sabha). Duration of Lok Sabha
➢ The RS represents the states and union territories ➢ Lok Sabha is not a continuing chamber Its normal
of the Indian Union, while the LS represents the term is five years after which it automatically
people of India as a whole. dissolves.
➢ The President of India is not a member of either ➢ President can dissolve Lok Sabha at any time
House of Parliament, he is an integral part of the even before the completion of five years.
Parliament. ➢ Term of Lok Sabha can be extended during the
➢ President summons & prorogues both the period of national emergency be a law of
Houses, dissolves the Lok Sabha, addresses both Parliament for one year at a time for any length of
the Houses, issues ordinances when they are not time this extension cannot continue beyond a
in session and so on. period of six months after the emergency has
ceased to operate.
Composition of Rajya Sabha
➢ Maximum strength fixed at 250, out of which, 238 Membership of Parliament
are to be the representatives of the states and ➢ A person cannot be a member of both Houses of
union territories (elected indirectly) and 12 are Parliament at the same time.
nominated by the president. ➢ If a person is elected to both the Houses he must
➢ The Fourth Schedule of the Constitution deals intimate within 10 days in which House, he
with the allocation of seats in the Rajya Sabha to desires to serve. In default of such intimation, his
the states and union territories. seat in the Rajya Sabha becomes vacant.

11
➢ If a sitting member of one House is also elected to Deputy Speaker of Lok Sabha
the other House, his seat in the first House ➢ Deputy Speaker is also elected by the Lok Sabha
becomes vacant. itself from amongst its members.
➢ Similarly, a person cannot be a member of both ➢ The date of election of the Deputy Speaker is
the Parliament and the state legislature at the fixed by the Speaker.
same time. If a person is so elected, his seat in ➢ Acts as the Speaker when the Speaker is absent
Parliament becomes vacant if he does not resign from the sitting of the House.
his seat in the state legislature within 14 days.
➢ A member may resign his seat by writing to the Chairman of Rajya Sabha
Chairman of Rajya Sabha or Speaker of Lok ➢ Vice-president of India is the ex-officio Chairman
Sabha, as the case may be. The seat falls vacant of the Rajya Sabha.
when the resignation is accepted. ➢ When the Vice-President acts as President or
➢ A House can declare the seat of a member vacant discharges the functions of the President, he does
if he is absent from all its meetings for a period of not perform the duties of the office of the
sixty days without its permission. Chairman of Rajya Sabha.
➢ There is a Speaker and a Deputy Speaker for the ➢ Chairman of the Rajya Sabha can be removed
Lok Sabha and a Chairman and a Deputy from his office only if he is removed from the
Chairman for the Rajya Sabha. office of the Vice-President.
➢ The powers and functions of the Chairman in the
Speaker of Lok Sabha Rajya Sabha are similar to those of the Speaker in
➢ The Speaker is elected by the Lok Sabha from the Lok Sabha. However, the Speaker has two
amongst its members (as soon as may be, after its special powers.
first sitting). 1. The Speaker decides whether a bill is a
➢ Whenever the office of the Speaker falls vacant, money bill or not.
the Lok Sabha elects another member to fill the 2. The Speaker presides over a joint sitting
vacancy. The date of election of the Speaker is of two Houses of Parliament.
fixed by the President. ➢ Unlike the Speaker (who is a member of the
➢ The Speaker remains in office during the life of House), the Chairman is not a member of the
the Lok Sabha. House. But like the Speaker, the Chairman also
➢ He has to vacate his office earlier in any of the cannot vote in the first instance. He too can cast a
following three cases: vote in the case of an equality of votes.
1. if he ceases to be a member of the Lok ➢ The Vice-President cannot preside over a sitting
Sabha; of the Rajya Sabha as its Chairman when a
2. if he resigns by writing to the Deputy resolution for his removal is under consideration.
Speaker;
3. if he is removed by a resolution passed by Deputy Chairman of Rajya Sabha
a majority of all the members of the Lok ➢ Deputy Chairman is elected by the Rajya Sabha
Sabha. itself from amongst its members.
➢ When a resolution for the removal of the Speaker
is under consideration of the House, he cannot Leader of the House Under the Rules of Lok Sabha,
preside at the sitting of the House, though he may the ‘Leader of the House’ means the prime minister,
be present. if he is a member of the Lok Sabha, or a minister who
➢ Whenever the Lok Sabha is dissolved, the is a member of the Lok Sabha and is nominated by
Speaker does not vacate his office and continues the prime minister. There is also a ‘Leader of the
till the newly- elected Lok Sabha meets. House’ in the Rajya Sabha. He is a minister and a
➢ He is the principal spokesman of the House, and member of the Rajya Sabha and is nominated by the
his decision in all Parliamentary matters is final. prime minister to function as such.
➢ Does not vote in the first instance. But he can
exercise a casting vote in the case of a tie. Leader of the Opposition In each House of
➢ Presides over a joint setting of the two Houses of Parliament, there is the ‘Leader of the Opposition’.
Parliament. The leader of the largest Opposition party having not
➢ Decides whether a bill is a money bill or not and less than one-tenth seats of the total strength of the
his decision on this question is final. House is recognised as the leader of the Opposition.
➢ Appoints the chairman of all the parliamentary
committees of the Lok Sabha and supervises their Sessions of Parliament
functioning. He is the chairman of the Business ➢ The Budget Session (February to May)
Advisory Committee, the Rules Committee and ➢ The Monsoon Session (July to September)
the General-Purpose Committee. ➢ The Winter Session (November to December).

12
➢ The maximum gap between two sessions of ➢ Ordinary bills, which are concerned with any
Parliament cannot be more than six months. matter other than financial subjects.
➢ When the Lok Sabha is dissolved, all business ➢ Money bills, which are concerned with the
including bills, motions, resolutions, notices, financial matters like taxation, public
petitions and so on pending before it or its expenditure, etc.
committees lapse must be reintroduced in the ➢ Financial bills, which are also concerned with
newly-constituted Lok Sabha. financial matters (but are different from money
bills).
Lapsing of bills ➢ Constitution amendment bills, which are
➢ A bill pending in the Lok Sabha lapses (whether concerned with the amendment of the provisions
originating in the Lok Sabha or transmitted to it of the Constitution.
by the Rajya Sabha). ➢ Article 110 of the Constitution deals with the
➢ A bill passed by the Lok Sabha but pending in the definition of money bills.
Rajya Sabha lapses.
➢ A bill not passed by the two Houses due to Ordinary Bill Money Bill
disagreement and if the president has notified the It can be introduced It can be introduced
holding of a joint sitting before the dissolution of either in the Lok Sabha only in the Lok Sabha
Lok Sabha, does not lapse. or the Rajya Sabha. and not in the Rajya
➢ A bill pending in the Rajya Sabha but not passed Sabha.
by the Lok Sabha does not lapse. It can be introduced It can be introduced
➢ A bill passed by both Houses but pending assent either by a minister or only by a minister.
of the president does not lapse. by a private member.
➢ A bill passed by both Houses but returned by the It is introduced without It can be introduced
president for reconsideration of Houses does not the recommendation of only on the
lapse. the president. recommendation of the
President.
Quorum It can be amended or It cannot be amended or
➢ Quorum is the minimum number of members rejected by the Rajya rejected by the Rajya
required to be present in the House Sabha. Sabha. The Rajya Sabha
➢ It is one-tenth of the total number of members in should return the bill
each House including the presiding officer. with or without
➢ It means that there must be at least 55 members recommendations,
present in the Lok Sabha and 25 members present which may be accepted
in the Rajya Sabha. or rejected by the Lok
➢ If there is no quorum during a meeting of the Sabha.
House, it is the duty of the presiding officer either It can be detained by the It can be detained by the
to adjourn the House or to suspend the meeting Rajya Sabha for a Rajya Sabha for a
until there is a quorum. maximum period of six maximum period of 14
months. days only.
Lame-duck Session
➢ It refers to the last session of the existing Lok ➢ Financial bill is similar to a money bill both of
Sabha. them can be introduced only in the Lok Sabha
and not in the Rajya Sabha, and both of them can
Question Hour be introduced only on the recommendation of the
➢ The first hour of every parliamentary sitting is president.
slotted for this.
➢ During this time, the members ask questions and Funds
the ministers usually give answers. The Constitution of India provides for the following
➢ The zero hour starts immediately after the three kinds of funds for the Central government:
question hour and lasts until the agenda for the ➢ Consolidated Fund of India (Article 266) - all
day (ie regular business of the House) is taken up. revenues received by the Government of India
It is an Indian innovation in the field of ➢ Public Account of India (Article 266) - All other
parliamentary procedures and has been in public money (other than those which are
existence since 1962. credited to the Consolidated Fund of India).
➢ Contingency Fund of India (Article 267) - to meet
Motions unforeseen expenditure
The bills introduced in the Parliament classified

into four categories:
13
Union List (which at present has 100 subjects, the political and real head. Article 153 of the
originally 97 subjects) Constitution requires that there shall be a Governor
State List (which at present has 61 subjects, originally for each State means there shall not be a vacancy in
66 subjects) the office of the Governor.
Concurrent List (which has at present 52 subjects, ➢ Term of the Governor is prescribed as five years.
originally 47 subjects) ➢ Governor continues even after the five-year till a
new Governor is appointed by the President.
Supreme Court ➢ One person can be appointed as Governor for
two or more States.
Article 124 to 147 in part V deals with Supreme ➢ Governor of a State shall be appointed by the
Court and it is the Guardian of the Constitution and President.
Guarantor of Fundamental Rights. ➢ He should be a citizen of India and must have
➢ Integrated Judiciary System with Supreme Court completed the age of thirty-five years.
@ Top ➢ Shall not be a member of either House of
➢ Single system was Adopted from the Govt. of Parliament or State Legislature.
India Act 1935 ➢ Shall not hold any other office of profit.
➢ Inaugurated on January 28, 1950
➢ Total 31 judges including CJI Executive Powers Are Similar to President but
➢ All judges are Appointed by president. within the State
Qualification Legislative Powers are also Smiliar but

➢ Should be a citizen of India. when a Bill passed by the Legislature of a State is
➢ Should have been a judge of high court for 5 presented to the Governor, he has four options
years or should have been an advocate of high ➢ He assents to the Bill when it becomes an Act.
court for 10 years or should be a distinguished ➢ He withholds assent.
jurist in the opinion of president. ➢ He returns the Bill for reconsideration (Bills other
➢ Clearly no minimum age. than Money Bills).
➢ He reserves Bill for the consideration of the
Term of office President.
➢ Hold office until 65 years. When a Bill is reserved by a Governor for the
➢ Can resign his office by writing to president. consideration of the President, the President shall
➢ Can be removed by president on the give his assents or he withholds assent or he may
recommendation of Parliament. return the Bill for repassage. The repassed Bill need
➢ Removed by special majority in each house. not be assented to by the President and he may return
➢ Removed on two grounds it again and again. Thus, it is an absolute veto. Also,
1. Misbehavior there is no time limit within which the President
2. Incapacity should take a decision.
➢ Removal motion signed by 100 members in Lok ➢ Governor in the promulgation of ordinances are
Sabha or 50 in Rajya Sabha. similar to the President.
➢ President can appoint an acting Chief Justice ➢ Governor can not pardon a sentence of death and
when others as in President.
1. Office of CJI is vacant.
2. When CJI unable to perform his duties. STATE LEGISLATURE
Powers and Jurisdiction Articles 168 to 212 in Part VI of the Constitution.

➢ Original Jurisdiction ➢ Most of the states have a unicameral system
➢ Writ Jurisdiction ➢ Only seven states have two Houses (bicameral).
➢ Appellate Jurisdiction These are Andhra Pradesh, Uttar Pradesh, Bihar,
➢ Advisory Jurisdiction Maharashtra, Karnataka, Jammu and Kashmir
➢ Power of Judicial Review and Telangana.
➢ legislative council (Vidhan Parishad) is the upper
STATE GOVERNMENT house while the legislative assembly (Vidhan
Sabha) is the lower house.
GOVERNOR ➢ Parliament can abolish a legislative council
The pattern of Government provided for the states is (where it exists) or create it if the legislative
similar to that of the Central Government assembly of the concerned state passes a
Article 153 to 167 of Part VI deal with the State resolution. The resolution must be passed by the
executive of which Governor is the titular head and state assembly by a special majority.
the Chief Minister heading the Council of Ministers is
14
➢ Parliament passed like an ordinary Bill (ie, by ➢ Originated in India in 1862 when the high courts
simple majority). were set up at Calcutta
➢ Originated in India in 1862 when the high courts
Composition of Assembly were set up at Calcutta, Bombay and Madras.
➢ Directly elected by the people ➢ In 1866, a fourth high court was established at
➢ maximum strength is fixed at 500 the minimum Allahabad.
number is fixed at 30. ➢ Constitution of India provides for a high court for
➢ governor nominate one member from the Anglo- each state, but the 7th Amendment Act of 1956
Indian community. authorised the Parliament to establish a common
➢ Demarcation of constituencies is done in such a high court for two or more states or for two or
manner that the ratio between the population of more states and a union territory.
each constituency and the number of seats ➢ At present, there are 24 high courts in the
allotted to it is the same throughout the state. country.
➢ The Parliament is empowered to made a ➢ Delhi is the only union territory that has a high
readjustment in court of its own (since 1966).
(a) total number of seats in the assembly of ➢ Consists of a chief justice other judges.
each state and ➢ Constitution does not specify the strength of a
(b) the division of each state into territorial high court and leaves it to the discretion of the
constituencies. president.
➢ Parliament has enacted the Delimitation ➢ Holds office until he attains the age of 62 years.
Commission Acts in 1952, 1962, 1972 and 2002 for ➢ Resign his office by writing to the president,
this purpose. removed from his office by the President on the
recommendation of the Parliament, vacates his
Strength office when he is appointed as a judge of the
➢ Members of the legislative council are indirectly Supreme Court or when he is transferred to
elected another high court.
➢ Maximum strength of the council is fixed at one- ➢ A removal motion signed by 100 members (in the
third of the total strength of the assembly and the case of Lok Sabha) or 50 members (in the case of
minimum strength is fixed at 40. Rajya Sabha) is to be given to the
Speaker/Chairman.
Duration of Assembly
➢ Normal term is five years Jurisdiction and Powers of High Court
➢ The governor is authorised to dissolve the ➢ Original jurisdiction
assembly at any time (i.e., even before the ➢ Writ jurisdiction
completion of five years) ➢ Appellate jurisdiction
➢ The assembly can be extended during the period ➢ Supervisory jurisdiction:- (high court has the
of national emergency by a law of Parliament for power of superintendence over all courts and
one year at a time (for any length of time) tribunals functioning in its territorial jurisdiction)
➢ Cannot continue beyond a period of six months ➢ Control over subordinate courts
after the emergency has ceased to operate ➢ A court of record
➢ Qualifications - a citizen of India, 25 years of age ➢ Power of judicial review
for the legislative assembly.
Writ Jurisdiction
Duration of Council ➢ Article 226 of the Constitution empowers a high
➢ It is a permanent body and is not subject to court to issue writs.
dissolution ➢ When the fundamental rights of a citizen are
➢ One-third of its members retire on the expiration violated, the aggrieved party can either go to high
of every second year court or the Supreme Court directly.
➢ A member continues as such for six years ➢ Writ jurisdiction of the high court is wider than
➢ Qualifications - a citizen of India, 30 years of age that of the Supreme Court.
for legislative council. ➢ Supreme Court can issue writs only for the
enforcement of fundamental rights and not for
All the Procedures are same as in the Parliament any other purpose.
HIGH COURTS SPECIAL STATUS TO JAMMU AND KASHMIR
High court operates below the Supreme Court but Article 370 in Part XXI of the Constitution grants a
above the subordinate courts special status

15
Instrument of Accession of Jammu and Kashmir to ➢ Chairman and members of the Commission hold
India ‘was signed by Pandit Jawaharlal Nehru and office for a term of six years or until they attain
Maharaja Hari Singh on 26 October 1947. The state the age of 65 years, whichever is earlier.
surrendered only three subjects (defense, external ➢ Chairman or any other member of a Public
affairs and communications) to the Dominion of India Service Commission shall only be removed from
his office by order of the President on the ground
Articles 371 to 371-J in Part XXI of the constitution of misbehavior
contain special provisions for eleven states viz.,
Maharashtra, Gujarat, Nagaland, Assam, Manipur, STATE PUBLIC SERVICE COMMISSION
Andhra Pradesh, Sikkim, Mizoram, Arunachal
Pradesh, Goa and Karnataka. All are same except, A State Public Service
Commission consists of a chairman and other
CONSTITUTIONAL BODIES members appointed by the governor of the state and
Removed by President.
1. ELECTION COMMISSION OF INDIA The Constitution does not specify the strength of the
2. UNION PUBLIC SERVICE COMMISSION Commission but has left the matter to the discretion
3. STATE PUBLIC SERVICE COMMISSION of the Governor.
4. FINANCE COMMISSION The chairman and members of the Commission hold
5. NATIONAL COMMISSION FOR SCs office for a term of six years or until they attain the
6. NATIONAL COMMISSION FOR STs age of 62 years, whichever is earlier.
7. SPECIAL OFFICER FOR LINGUISTIC
MINORITIES FINANCE COMMISSION
8. COMPTROLLER AND AUDITOR GENERAL OF
INDIA Article 280 of the Constitution of India provides for a
9. ATTORNEY GENERAL OF INDIA Finance Commission.
10. ADVOCATE GENERAL OF THE STATE ➢ It is constituted by the president of India every
fifth year.
ELECTION COMMISSION OF INDIA ➢ The Finance Commission consists of a chairman
➢ Article 324 of the Constitution establishes the and four other members to be appointed by the
Election Commission of India established on 25th president.
January 1950. ➢ They hold office for such period as specified by
➢ Supervises the conduct of elections to Parliament the president in his order, eligible for
and Legislature of every State and elections to the reappointment.
offices of President and Vice-President of India. The Finance Commission is required to make
➢ Consists of Chief Election Commissioner and two recommendations to the president of India on the
Election Commissioners. following matters:
➢ President appoints Chief Election Commissioner ➢ The distribution of the net proceeds of taxes to be
and Election Commissioners for a tenure of six shared between the Centre and the states, and the
years, or up to the age of 65 years, whichever is allocation between the states of the respective
earlier. shares of such proceeds The principles that
➢ Status, salary and perks of election should govern the grants-in-aid to the states by
commissioners are equivalent to Judges of the the Centre (i.e., out of the consolidated fund of
Supreme Court. India).
➢ The Chief Election Commissioner can be removed ➢ The measures needed to augment the
from office only through impeachment by consolidated fund of a state to supplement the
Parliament. resources of the panchayats and the
➢ During the election process, the entire Central municipalities in the state on the basis of the
and state government machinery (including recommendations made by the state finance
paramilitary and police forces) is deemed to be on commission.
deputation to the Commission. ➢ Any other matter referred to it by the president in
➢ Demarcation of constituencies. the interests of sound finance.
➢ Till Now -14 Finance Commission appointed so
UNION PUBLIC SERVICE COMMISSION
far starting from 1952-1957 to 2015-2020-
➢ Y.V. Reddy Chairman-14th FC
Articles 315 to 323 in Part XIV of the Constitution
➢ The Chairman and other members of a Public
Service Commission are appointed, by the
President, and in the case of a State Commission,
by the Governor of the State.

16
NATIONAL COMMISSION FOR SCs He can also be removed by the president on same
grounds and in the same manner as a judge of the
Established by Article 338 of the Constitution. Supreme Court.
On the other hand, the other national commissions
like the National Commission for Women (1992), the ATTORNEY GENERAL OF INDIA
National Commission for Minorities (1993), the The Constitution (Article 76) has provided for the
National Commission for Backward Classes (1993), office of the Attorney General for India. The highest
the National Human Rights Commission (1993) and law officer in the country.
the National Commission for Protection of Child ➢ Appointed by the president.
Rights (2007) are statutory bodies in the sense that ➢ Must be a person who is qualified to be
they are established. appointed a judge of the Supreme Court.
➢ The term of office of the AG is not fixed by the
NATIONAL COMMISSION FOR STs Constitution.
➢ The Constitution does not contain the procedure
Established by Article 338-A of the Constitution. and grounds for his removal, He holds office
The National Commission for SCs and STs came into during the pleasure of the president.
being consequent upon passing of the 65th ➢ Quit his office by submitting his resignation to
Constitutional Amendment Act of 1990. the president.
The Commission was established under Article 338 of ➢ Conventionally, he resigns when the government
the Constitution with the objective of monitoring all (council of ministers) resigns or is replaced, as he
the safeguards provided for the SCs and STs under is appointed on its advice.
the Constitution or other laws. ➢ To give advice to the Government of India upon
such legal matters, which are referred to him by
SPECIAL OFFICER FOR LINGUISTIC the president.
MINORITIES ➢ Appear on behalf of the Government of India in
all cases in the Supreme Court (also in any high
Originally, the Constitution of India did not make court) in which the Government of India is
any provision with respect to the Special Officer for concerned.
Linguistic Minorities. Later, the States ➢ He should not advise or hold a brief against the
Reorganization Commission (1953-55) made a Government of India.
recommendation in this regard. Accordingly, the ➢ He should not accept appointment as a director in
Seventh Constitutional Amendment Act of 1956 any company or corporation without the
inserted a new Article 350-B in Part XVII of the permission of the Government of India.
Constitution.
There should be a Special Officer for Linguistic SOLICITOR GENERAL OF INDIA
Minorities. He is to be appointed by the President of
India. It would be the duty of the Special Officer to In addition to the AG, there are other law officers of
investigate all matters relating to the safeguards the Government of India. They are the solicitor
provided for linguistic minorities under the general and additional solicitor general of India.
Constitution. They assist the AG in the fulfilment of his official
responsibilities.
COMPTROLLER AND AUDITOR GENERAL OF Only the office of the AG is created by the
INDIA Constitution. In other words, Article 76 does not
mention about the solicitor general and additional
The Constitution of India (Article 148) provides for solicitor general.
an independent office of the Comptroller and Auditor
General of India (CAG). ADVOCATE GENERAL OF THE STATE
He is the head of the Indian Audit and Accounts
Department. The Constitution (Article 165) has provided for the
He is the guardian of the public purse and controls office of the advocate general for the states. The
the entire financial system of the country at both the highest law officer in the state.
levels—the Centre and the state. ➢ The advocate general is appointed by the
The CAG is appointed by the president of India by a governor. Must be a person who is qualified to be
warrant under his hand and seal. appointed a judge of a high court.
He holds office for a period of six years or up to the ➢ Holds office during the pleasure of the governor.
age of 65 years, whichever is earlier. ➢ Conventionally, he resigns when the government
He can resign any time from his office by addressing (council of ministers) resigns or is replaced, as he
the resignation letter to the president. is appointed on its advice.

17
NON-CONSTITUTIONAL BODIES ➢ Chairman and members hold office for a term of
five years or until they attain the age of 70 years,
1. PLANNING COMMISSION whichever is earlier.
2. NATIONAL DEVELOPMENT COUNCIL ➢ The Protection of Human Rights Act of 1993
3. NATIONAL HUMAN RIGHT COMMISSION provides for the creation of not only the National
4. STATE HUMAN RIGHT COMMISSION Human Rights Commission but also a State
5. CENTRAL INFORMATION COMMISSION Human Rights Commission at the state level.
6. STATE INFORMATION COMMISSION
7. CENTRAL VIGILANCE COMMISSION CENTRAL INFORMATION COMMISSION
8. CENTRAL BUREAU OF INVESTIGATION
9. LOKPAL AND LOKYUKTA Established by the Central Government in 2005.
Constituted through an Official Gazette Notification
under the provisions of the Right to Information Act
NATIONAL DEVELOPMENT COUNCIL (2005).
Consists of a Chief Information Commissioner and
Established in August 1952 by an executive not more than ten Information Commissioners.
resolution of the Government of India on the ➢ Appointed by the President on the
recommendation of the first five-year plan. recommendation of a committee consisting of the
The NDC is composed of the following members. Prime Minister as Chairperson, the Leader of
1. Prime minister of India (as its chairman/head). Opposition in the Lok Sabha and a Union Cabinet
2. All Union cabinet ministers (since 1967). Minister.
3. Chief Ministers of all states. ➢ Hold office for a term of 5 years or until they
4. Chief ministers/administrators of all union attain the age of 65 years, whichever is earlier not
territories. eligible for reappointment.
➢ The Right to Information Act of 2005 provides for
NATIONAL HUMAN RIGHT COMMISSION the creation of not only the Central Information
Commission but also a State Information
A statutory (and not a constitutional) body Commission at the state level.
established in 1993 under a legislation enacted by the ➢ Commission consists of a State Chief Information
Parliament. Commissioner and not more than ten State
The watchdog of human rights in the country, that is, Information Commissioners appointed by the
the rights relating to life, liberty, equality and dignity Governor on the recommendation of a committee
of the individual guaranteed by the Constitution. consisting of the Chief Minister as Chairperson,
➢ The commission is a multi-member body the Leader of Opposition in the Legislative
consisting of a chairman and four members. Assembly and a State Cabinet Minister.
➢ Chairman should be a retired chief justice of
India, and members should be serving or retired CENTRAL VIGILANCE COMMISSION
judges of the Supreme Court, a serving or retired
chief justice of a high court and two persons Established in 1964 by an executive resolution of the
having knowledge or practical experience with Central government, was recommended by the
respect to human rights. Santhanam Committee on Prevention of Corruption
➢ In addition to these full-time members, the (1962–64).originally the CVC was neither a
commission also has four ex-officio members— constitutional body nor a statutory body. In
the chairmen of the National Commission for September 2003, the Parliament enacted a law
Minorities, the National Commission for SCs, the conferring statutory status on the CVC.
National Commission for STs and the National ➢ A multi-member body consisting of a Central
Commission for Women. Vigilance Commissioner (chairperson) and not
➢ Chairman and members are appointed by the more than two vigilance commissioners.
president on the recommendations of a six- ➢ Appointed by the president by warrant under his
member committee consisting of the prime hand and seal on the recommendation of a three-
minister as its head, the Speaker of the Lok Sabha, member committee consisting of the prime
the Deputy Chairman of the Rajya Sabha, leaders minister as its head, the Union minister of home
of the Opposition in both the Houses of affairs and the Leader of the Opposition in the
Parliament and the Central home minister. Lok Sabha.
➢ A sitting judge of the Supreme Court or a sitting ➢ Hold office for a term of four years or until they
chief justice of a high court can be appointed only attain the age of sixty-five years.
after consultation with the chief justice of India.

18
CENTRAL BUREAU OF INVESTIGATION The Bill seeks to provide for the establishment of a
body of Lokpal for the Union and Lokayukta for
Set up in 1963 by a resolution of the Ministry of states to inquire into allegations of corruption against
Home Affairs. certain public functionaries
The establishment of the CBI was recommended by ➢ Lokpal to consist of a Chairperson and up to
the Santhanam Committee on Prevention of eight members and not less than 50% of the
Corruption (1962 -1964). members to be from SCs, STs, OBCs, minorities
➢ Headed by a Director assisted by a special and women.
director or an additional director.
➢ The Director of the CBI is appointed by the Lokayuktas
Central Government on the recommendation of a The institution of lokayukta was established first in
committee consisting of the Central Vigilance Maharashtra in 1971.
Commissioner as Chairperson, the Vigilance ➢ Although Odisha had passed the Act in this
Commissioners, the Secretary to the Government regard in 1970, it came into force only in 1983.
of India in-charge of the Ministry of Home Affairs ➢ Till now (2013), 18 states and 1 Union Territory
and the Secretary (Coordination and Public (Delhi) have established the institution of
Grievances) in the Cabinet Secretariat. Lokyuktas.
➢ The states which have not created the institution
Organisation of CBI of Lokayuktas are Arunachal Pradesh, Jammu
The CBI has the following divisions: and Kashmir, Manipur, Meghalaya, Mizoram,
1. Anti-Corruption Division Nagaland, Sikkim, Tamil Nadu, Tripura and
2. Economic Offences Division West Bengal.
3. Special Crimes Division
4. Policy and International Police Cooperation PANCHAYATI RAJ
Division
5. Administration Division The term panchayat raj in India signifies the system
6. Directorate of Prosecution of rural local self-government. It is created in all
7. Central Forensic Science Laboratory states in India.
It was constitutionalized through 73rd amendment
LOKPAL AND LOKAYUKTAS act of 1992.
Administrative Reforms Commission (ARC) of India i) Balwant Rai Mehta Committee

(1966–1970) recommended the setting up of two Committee submitted its report in November
special authorities designated as ‘Lokpal ‘and 1957 and recommended the establishment of the
‘Lokayukta ‘for the redressal of citizen’s grievances. scheme for democratic decentralization which
Set up on the pattern of the institution of ultimately came to be known as the Panchayat Raj.
Ombudsman in Scandinavian countries and the Rajasthan was the first state to establish the
parliamentary commissioner for investigation in New institution of panchayati raj followed by Andhra
Zealand. Pradesh
➢ Deal with complaints against ministers and
secretaries at Central and state levels, and the ii) Ashok Mehta Committee
lokayukta (one at the Centre and one in every In December 1977, the Janata Government
state) would deal with complaints against other appointed a committee and It submitted report in
specified higher officials. August 1978
➢ The Lokpal would be appointed by the president
after consultation with the chief justice of India, iii) G V K Rao Committee
the Speaker of Lok Sabha and the Chairman of G.V.K. Rao was appointed by the Planning
the Rajya Sabha. Commission in 1985.
Bills were introduced in the Parliament for 10 times iv) L M Singhvi Committee
in the following years: In 1986, Rajiv Gandhi government appointed a
1. In May 1968, 2. In April 1971, 3. In July 1977, 4. In committee under the chairmanship of L M Singhvi. It
August 1985, 5. In December 1989, 6. In September made the following recommendations.
1996, 7. In August 1998, 8. In August 2001, 9. In The Panchayati Raj institutions should be
August 2011, 10. In December 2011. constitutionally recognised, protected and preserved.
However, none of the bills mentioned above were The bill finally emerged as the 73rd Constitutional
passed by the Parliament due to one or the other Amendment Act, 1992 and came into force on 24
reasons. April, 19932.
Lokpal and Lokayuktas Bill, 2011
19
73rd Amendment Act of 1992
Significance of the Act
This act has added a new Part-IX to the
Constitution of India. It is entitled as ‘The
Panchayats’ and consists of provisions from Articles
243 to 243 O. In addition, the act has also added a
new Eleventh Schedule to the Constitution.
2) MUNICIPALITIES
Signifies the governance of an urban area by the
people through their elected representatives.
There are eight types of urban local governments in
India— municipal corporation, municipality, notified
area committee, town area committee, cantonment
board, township, port trust and special purpose
agency.
The system of urban government was
constitutionalised through the 74th Constitutional
Amendment Act of 1992.
(i) In 1687-88, the first municipal corporation

in India was set up at Madras.
(ii) In 1726, the municipal corporations were
set up in Bombay and Calcutta.
(iii) Lord Ripon’s Resolution of 1882 has been
hailed as the ‘Magna Carta’ of local self-government.
He is called as the father of local-self-government in
India.
74th Amendment Act of 1992

It added a new Part IX-A to the Constitution of
India, ‘The Municipalities’ and consists of provisions
from Articles 243-P to 243-ZG. This act has also
added a new Twelfth Schedule to the Constitution.
The act gave constitutional status to the
municipalities.

20

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PYRAMID IAS ACADEMY IV- A Fundamental Duties 51-A

KARAIKUDI THE UNION

Name of Borrowed Features of the First Schedule

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

Key Words in the Preamble: - 6. Justice

3. Secular The Preamble secures to all citizens of India liberty of

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

THE UNION AND ITS TERRITORY Fazl Ali Commission

Types of Amendments 1) National Emergency

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

Note: - Powers and Functions of the Prime Minister

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

The bills introduced in the Parliament classified

Qualification Legislative Powers are also Smiliar but

Powers and Jurisdiction Articles 168 to 212 in Part VI of the Constitution.

HIGH COURTS SPECIAL STATUS TO JAMMU AND KASHMIR

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

Administrative Reforms Commission (ARC) of India i) Balwant Rai Mehta Committee

(i) In 1687-88, the first municipal corporation

74th Amendment Act of 1992

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

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