Polity Ready Reckoner

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READY RECKONER OF POLITY
INDEX
R
E 1. Salient Features ....................................................................................... 1-2
A 2. Schedules .................................................................................................... 3
3. Preamble ..................................................................................................... 4
D 4. Union and Its Territory, Citizenship ............................................................ 5
Y 5. Fundamental Rights, Directive Principles of State Policies.................... 6-13
6. Fundamental Duties, Amendments .......................................................... 14
7. Basic Structure .......................................................................................... 15
R 8. Federal System .......................................................................................... 16
9. Emergency Provisions .......................................................................... 17-19
E 10. Centre and State Relations, Inter State Relations ............................... 20-22
C 11. Executive .............................................................................................. 23-27
12. Legislature ............................................................................................ 28-36

K 13. Judiciary ............................................................................................... 37-40
O 14. Local Government ................................................................................ 41-47
15. Constitutional Bodies ........................................................................... 48-49

N 16. Non Constitutional Bodies ................................................................... 50-51
E 17. Miscellaneous ........................................................................................... 52
18. Historical Background .......................................................................... 53-54

R
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READY RECKONER OF POLITY |1|
SALIENT FEATURES OF THE CONSTITUTION judiciary, appointment of Governor by the centre,

AIS, emergency provisions etc.
1. Lengthiest Written Constitution
 About 465 Articles (divided into 25 Parts) and 12 5. Parliamentary Form of Government
Schedules.  Fundamental Principle: Co-operation and Co-
 Reasons: 1) Geographical Factors: India’s vastness ordination b/w legislature and executive organs.
and diversity 2) Historical Factors: Influence of GoI Features:
Act, 1935 3)Single Constitution: Union + State 4)  Presence of nominal and real executives.
Domination of legal luminaries  Majority party rule.
 Collective responsibility of the executive to the
2. Drawn From Various Sources legislature.
 Dr. B.R. Ambedkar proudly acclaimed that the  Double membership.
Constitution of India has been framed after  Leadership of the prime minister or the chief
‘ransacking all the known Constitutions of the minister.
World'.  Dissolution of the lower House (LokSabha or
 Structural part of the Constitution derived from Assembly).
the Government of India Act of 1935.
6. Synthesis of Parliamentary Sovereignty and
 Philosophical part of the Constitution (the
Judicial Supremacy.
Fundamental Rights and the Directive Principles of
State Policy) derive their inspiration from the  Indian parliamentary system is a proper synthesis
American and Irish Constitutions respectively. between the British principle of parliamentary
 Political Part : British Constitution. sovereignty and the American principle of judicial
supremacy.
3. Blend of Rigidity and Flexibility  The Supreme Court can declare the parliamentary
 Article 368 provides for two types of laws as unconstitutional through its power of
amendments: a)Special majority of the judicial review.
Parliament, (2/3 of present and voting + supported  The Parliament can amend the major portion of
by more than 50% of total strength) b) Special the Constitution through its constituent power.
majority of the Parliament and with the
7. Integrated and Independent Judiciary
ratification by half of the total states with simple
majority.  Supreme Court is the guarantor of the
 Some provisions can be amended by simple fundamental rights of the citizens and the
majority (these are not considered amendment guardian of the Constitution.
under Article 368).  Integrated: SC + HC + Lower Courts enforce both
union and state laws.
4. Federal System with Unitary Bias.  Independent: Security of tenure of judges of SC
 Features of a federation, viz., dual government, and HC, all expenses of HC and SC are charged on
division of powers, written Constitution, consolidated Fund etc.
supremacy of Constitution, rigidity of Constitution, 8. Fundamental Rights Part-III (Article 12-35)
independent judiciary and bicameralism.  Right to Equality (Articles 14–18)
 Features of Unitary, viz, strong centre, single  Right to Freedom (Articles 19–22)
constitution, single citizenship, integrated  Right against Exploitation (Articles 23–24)
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 Right to Freedom of Religion (Articles25–28). 12. Universal Adult Franchise

 Cultural and Educational Rights (Articles 29–30).  The voting age was reduced to 18 years from 21
 Right to Constitutional Remedies (Article 32). years in 1989 by the 61stConstitutional
 FR’s aim to promote political democracy. Amendment Act of 1988.
 FR’s are enforceable by courts through writs. 13. Single Citizenship
9. Directive Principles of State Policy Part – IV  Indian constitution provides for only one or single
(Art 36 – 51) citizenship – Indian Citizenship
 These principles are meant for promoting the ideal
14. Independent Bodies
of social and economic democracy.
 Aim to establish welfare state  These bodies are envisaged by the constitution as
 Non-justiciable in nature the Bull works of the democratic system
 Classified into 3 categories:  These are Election commission, Union Public
1) Socialist Service commission, Comptroller and Auditor-
2) Gandhian General, etc.
3) Liberal-Intellectual 15. Emergency Provisions
10. Fundamental Duties (Total: 11): Part IV-A &  During the emergency the Federal structure of the
Article 51 A country got converted into a Unitary one.
 Fundamental Duties serve as a reminder to  National emergency (Article 352)
citizens that while enjoying the rights, they have to
 State emergency (President’s Rule): On the ground
be conscious of their duties towards the country,
of 1) failure of the Constitutional machinery in the
society and fellow citizens
state (Article 356). 2) failure comply with the
 42nd Constitutional Amendment Act of 1976 on the directions of the Centre (Article 365).
recommendation of the Swaran Singh Committee.
 Financial emergency (Article 360).
 The 86th Constitutional Amendment Act of 2002
 It converts federal structure into unitary one
added one more fundamental duty.
 Non-justiciable in nature 16. Three-tier Government
 Democratic decentralisation by establishing PRI’s
11. A Secular State
(73rd CA 1992) and ULB’s (74th CA 1992) which
 Western concept of Secularism connotes a form third tier of government.
complete separation between religion and the 17. Co-operative Societies
state
 97thConstitutional Amendment Act of 2011 gave
 Indian concept of Secularism connotes giving constitutional status to co-operative societies
respect to all religions or protecting all religions
 Fundamental right to form co-operative societies
equally
(Article 19 (1) (c).
 The word ‘Secular’ was added to the Preamble of
 DPSP: Promotion of Co-operative societies (Art.
the Indian Constitution by the 42nd Constitutional
43-B).
Amendment Act of 1976.
 New Chapter Added – Part IX B
 It is reflected in: Preamble, Art. 14,15, 16, 25-30,
 Parliament has power to regulate multi-state co-
Art. 44.
operative societies.
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Schedules Tenth
Numbers Subject Matter Schedule
Anti- Defection Law provisions.
52nd CA
First Names of the States, Union Territories
1985
Schedule and their territorial jurisdiction
Eleventh
Salaries, Emoluments, Privileges of
Schedule Panchayats (29 Matters) (243-G)
certain dignitaries.
73rd CA 1992
President, Governor, Speaker, Deputy
Speaker of Loksabha and Legislative Twelth
Powers that can be transferred to
Assembly, Chairman and Deputy Schedule
Municipalities (18 Subjects) (243-W).
Second
Chairman of RajyaSabha and Legislative 74th CA 1992
Schedule
Council, Judges of Supreme Courts and Sources of the Constitution:
High Courts, CAG. Features Source
Not mentioned are MPs, MLAs, Union
Emergency provisions,
and State Ministers, Election
Administrative details, Federal Government of
Commissioner, UPSC Members
scheme, office of Governor, India Act 1935
Oath and Affirmations:
Judiciary, Public service commission
Union and State Ministers, MLA and MP
Parliamentary Government
Contestants, MLA & MPs, Judges of
Rule of Law, Writs
Supreme Court and High Court Judges,
Parliamentary Privileges British
CAG.
Single citizenship Constitution
Note: CAG, Judges of Supreme and High
Third Bicameralism
Court are included in second and third
Schedule Legislative Procedure
schedules
Fundamental Rights, Impeachment
Not included: of president, Removal for SC and HC
President & Vice President, Speaker& USA
judges, Judicial independence and
Deputy Speaker of LokSabha, Legislative Judicial Review
Assembly, Chairman & Deputy Chairman Post of vice president
of RS &Legislative Council, Election DPSP
Commission, UPSC, SPSC Nomination of RajyaSabha members Ireland
Fourth Allocation of the Seats in RajyaSabha to Method of President election
Schedule States and UT’s Federation with strong centres
Fifth Administration of Scheduled Areas and residuary power with centre,
Schedule Scheduled Tribes Canada
Appointment of Governor, Advisory
Sixth Administration of Tribal Areas in Assam, jurisdiction of SC
Schedule Meghalaya, Tripura and Mizoram Concurrent List
Division of Powers Freedom of Trade and Commerce Australia
Seventh 1. Union list(100) Joint Sitting of Parliament
Schedule 2. State list (61) Weimer
3. Concurrent list(52) Suspension of Fundamental rights
constitution of
during Emergency
Germany
Official Languages recognized by the
Constitution originally 14and now 22 Fundamental Duties, ideals of justice
USSR
Eight languages in preamble
Schedule 92nd CAA– Bodo, Dongri, Mythili, Santhali Republic, Liberty, Equality and
France
71st CAA – Konkani, Manipuri ,Nepali Fraternity in preamble
96th CAA – Odia Amendment of the Constitution &
South Africa
election of members of RajyaSabha
Ninth Procedure established by Law Japan
Land reforms
Schedule
and other matters to be placed by State
1st CA 1951
and Centre.
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PREAMBLE OF THE CONSTITUTION  Economic Justice: no discrimination on the basis of

 Identity card of the Constitution: N A Palkhivala economic factors
 Preamble is based on the ‘Objectives Resolution’, drafted  Political justice: equal political rights to all
and moved by Pandit Nehru, and adopted by the Liberty:
Constituent Assembly  It Implies:
 Preamble is not a source of power to legislature not a 1. Absence of restraints on the activities of individuals
prohibition upon the powers of legislature 2. Providing opportunities for the development of
 It is non-justiciable individual personalities
 The Preamble has been amended only once so far, in  It is ensured through FRs
1976, by the 42nd Constitutional Amendment Act, which Equality:
has added three new words— Socialist, Secular and  ‘Equality’ means the absence of special privileges to any
Integrity—to the Preamble section of the society, and the provision of adequate
Key Words opportunities for all individuals without any
Sovereign: discrimination.
 India is neither a dependency nor a dominion of any other  3 Dimensions: Civic, Economic and Political
nation, but an independent state 1. Civic: Art. 14, 15, 16, 17 and 18
2. Political: Art. 320 (UAF) and Art. 325
 State is free to conduct its own affairs (Internal and
External) 3. Economic: Art. 39 (DPSP)
 India can acquire of ceded territories Fraternity:
Socialist:  It implies a sense of brotherhood.
 Indian brand of socialism is a ‘democratic socialism’  Constitution promotes this feeling of fraternity by
(mixed economy) and not a ‘communistic socialism’ (also 1. System of single citizenship
known as ‘state socialism’) 2. Art. 51-A (Fundamental Duties)
 1991 reforms: Diluted socialist character of state  It ensures 2 things:
Secular: 1. Dignity of individual
nd 2. Unity and integrity of nation (territorial and
 Added by 42 Constitutional Amendment Act of 1976.
psychological)
Positive concept of secularism i.e., all religions in our
country have the same status and equal support from the Significance of the Preamble:
state 1. Basic Philosophy and Fundamental values of the
constitution are stated
Democratic:
2. Essential to unravel minds of constitutional
 The term ‘Democratic’ is used in the Preamble embraces
forefathers.
not only political democracy but also social and economic
3. Soul of Constitution lays down pattern of our
democracy
political society
 It is based on doctrine of popular sovereignty
Components of the Preamble
 Indian democratic set-up is based on indirect democracy
1. The constitution derives its authority from the
Republic: people of India (We, The People of India is
 The term ‘Republic’ in our Preamble indicates that head mentioned in Preamble).
of the state is always elected in India (President). 2. Nature of Indian state-sovereign, socialist, secular,
 It implies democratic and republican polity
1. Political sovereignty lies with people and not a single 3. Objectives- it specifies justice, liberty, equality,
person fraternity, unity and integrity
2. Public offices are open to all (Absence of Privileged 4. Date of adoption- Nov 26, 1949
Class)  Is Preamble Part of the Constitution:
Justice: Berubari v/s Union (1960) Case: Preamble is not part of
 The term ‘justice’ in the Preamble embraces three distinct the constitution
forms—social, economic and political, secured through Keshavananda Bharati (1973) Case: Preamble is part of
Fundamental Rights and Directive Principles -- (political the constitution
through FR’s and social and economic justice through LIC of India (1995) Case: Preamble is Integral part of the
DPSP) constitution. Amendment of Preamble: Preamble can be
 Social Justice + Economic Justice = distributive justice amended without affecting Basic feature of the
constitution.
 Social justice: Equal treatment of all
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UNION AND ITS TERRITORY

ORY New states that came in to Existence after 1956
1. 1960 : Maharastra , Gujarat from Bombay
Articles 1 to 4 under Part-I
2. 1963 : Nagaland
 Article 1 describes India, that is, Bharat as a ‘Union of 3. 1966 : Haryana, Chandigarh and HP from Punjab
States’ not Federation of states. (it is not result of Province
agreement between the states and there is no right to 4. 1972 : Manipur, Tripura and Meghalaya.
secede for the states) 5. 1975 : Sikkim (36 CAA)
 According to Article 1,, territory of India can be classified 6. 1987 : Mizoram, Arunachal Pradesh and Goa
into three categories: 1) Territories of the states, 2) UTs 7. 2000 : Chattisgarh, Uttarakhand
akhand and Jharkahand
3) Territories acquired by GoI 8. 2014 : Telangana
 ‘Territory of India’ is a wider expression than ‘Union of
Evolution of States
tates and Union Territories:
India’. Union of India implies States whereas Territory
 Dhar Commission (1948):: Reorganisation of states on
of India implies States, UTs, Territories that may be
the basis of administrative convenience rather than
acquired
linguistic factor.
 Article 2 grants two powers to Parliament: (a) power to
 JVP Committee(1948):: Formally rejected language as
admit new states (already
already in existence)
existence (b) power to
the basis for reorganisation of states
establish new states (states non-existent
existent before)
before
 Fazl Ali Commission (1955)
(1955): Submitted its report in
 Article 3 authorises Parliament to:Article 3 authorises
September 1955 and broadly accepted language as the
Parliament to deal with internal readjustment of
basis of reorganisation of states. But, it rejected the
territories of constituents of union of India (i.e.,
(i.e states).
theory of ‘one language–oneone state’.
Bill for the purpose : 1) Prior recommendation of
 Based on Fazl Ali commission, States reorganisation act
President 2) should be referred to concerned state
1956 and 7th CAA led to Abolition of four fold
legislature for its views
classification of states and formation of 14 states and 6
 Laws made under Art 2 and Art 3 shall not be considered
UTs.
as constitutional Amendment under Art 368.
 First linguistic state created in India – Andhra state in
 If any territory has to be ceded to a foreign country, it
1953
cannot happen under Art 3. It needs an amendment
with constitutional under Art 368. Citizenship
 100thConstitutional Amendment Act ceded certain Who are citizens?
enclaves to Bangladesh. At the timee of commencement of the constitution
 Person who is domicile in India – born and any one of
the parent is Indian,(descent) or resident in India for 5
years
 People who came from Pakistan
 People who went to Pakistan and returned back to India
before commencementement of this constitution.
 Persons of Indian origin residing outside India (by
registration)
Ways of acquisition of Citizenship under Citizenship Act
1955 – Birth, Descent, Registration, Naturalisation,
incorporation of a new Territory
Loss of Citizenship:
Renunciation : Voluntarily
oluntarily giving away of citizenship.
Termination : Acquiring
cquiring foreign citizenship automatically
terminates Citizenship
Citizenship.
Deprivation : Compulsory
ompulsory termination by central
government in cases of fraudulent
acquisition of citizenship
citizenship.
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FUNDAMENTAL RIGHTS 7. They can be suspended during the operation of a

Part III of the Constitution from Articles 12 to 35 National Emergency except the rights guaranteed
 Inspiration: Bill of rights-USA by Articles 20 and 21.
 Originally 7 FRs, Presently 6 FRs. Right to property 8. Their scope of operation is limited by Article 31A,
deleted by 44th CAA 1978.Presently Right to 31B, 31C.Their application can be restricted while
property was, Legal right (Art 300A) martial law is in force in any area.
 Magna Carta of India. 9. Most of them are directly enforceable. For few an
enabling law can be made only by Parliament is
 Promote political democracy
necessary. Ex – 21A, PoA Act, 1989
 Prevent authoritarian & despotic rule
 Place limitation on Legislature and Executive Article 12–Definition of State: Union and State
Fundamental rights are: governments legislatures, local authorities, PSUs
Right to equality Article 14 to 18 etc.
Right to freedom Article 19 to 22 Article13–all laws that are inconsistent with
Right against exploitation Article 23 to 24 fundamental rights shall be void – Basis of judicial
Right to freedom of religion Article 25 to 28 review
Cultural and educational rights Article 29 to 30
Right to constitutional remedies Article 32 Laws Include:
a. Laws of parliament, state legislature
Few are available only to citizens not b. Ordinances
Only to
to foreigners (Art 15,16,19,29 and c. Non legislative sources of law (Convention).
citizens
30). d. Delegated legislation
Citizens
and Available to citizens and foreigners Word law do not apply for personal laws.
foreigners too but not enemy aliens Article 14: It has 2 concepts:
Not for (14,20,21,21A,22,23,24,25,26,27,28). 1. Equality before the law
enemies 2. Equal protection of the law
Fundamental rights available against Equality before the law (Negative concept):
Against private citizens too – 1. Absence of any special privileges in favour of
citizens 15,17,23,24,32(Only
any person
HabeausCorpus).
2. Equal subjection of all persons to the ordinary
Features: law
1. They are not absolute but qualified. Reasonable Equal protection of the law (Positive
restrictions can be imposed. concept):
2. Most of them are available against the arbitrary 1. Equality of treatment under equal
action of the State, with a few exceptions, against circumstances
the Action of private individuals. 2. Similar application of same law to all people
3. Most of them are negative in character, that is, who are similarly situated
place limitations on the authority of the State, while 3. Like should be treated alike without
others are positive in nature, conferring certain discrimination
privileges on the persons. Rule of law is a Part of Basic Structure
4. They are justiciable
Exceptions:
5. Defended and guaranteed by the Supreme Court
 President of India and Governor of the state. (No
(Article 32) and High court. (Article 226)
criminal proceedings can be initiated during their
6. They are not sacrosanct or permanent (can be
office)
amended).
 Foreign sovereigns, ambassadors and diplomats.
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 Art 31C – Laws made for implementing DPSP under b. Indira Sawani Judgement – Total reservations
39(b), 39(c). shall not exceed 50% (including carry forward
 Article 105, 194 –MLAs and MPs are not liable for jobs)
any of their action inside legislature. c. Merit shall not be compromised.
 Article 361A, No person shall be liable for true d. Reservations exists at entry level not in
reporting of freedom to publish proceedings of promotions.
Parliament and State Legislature. e. Creamy layer to exclude advanced sections
Article 15: There shall not be any discrimination among OBCs.
against citizens only on the grounds of race, f. Ram Nandan Committee was appointed to
religion, caste, sex or place of birth (discrimination identify creamy layer among OBC.
on other grounds is allowed) Government approved it.
1. No discrimination in giving Access to shops, g. 77thAmendment Act its provides reservation
Public restaurants, hotels and places of public in promotions in favour of SCs and STs if they
entertainment – applicable to state. are not adequately represented in the
2. No discrimination in Use of wells, tanks, bathing services.
ghats maintained by state funds for general h. 85thconstitutional amendment act, its
public. Applies to both citizens and state. provides consequential seniority for SCs, STs
Exceptions: Women and children, SC/ST, with retrospective effect from June 1995.
educationally and socially backward classes of i. 81st amendment act, It empowers the state to
citizens. fill backlog vacancies even if there cross 50%
93rdAA–Reservations in Private educational ceiling.
institutions for OBCs other than Minority Article 17: Abolishes untouchability, it is applicable
educational Institutions. to state and private citizens.
Creamy layer is applicable for OBC reservations. 1. Protection of Civil rights act is meant to enlarge
Article 16: Equality of opportunity in Public scope of this article.
employment 2. Term untouchability is not defined in Constitution or
No citizen can be discriminated or made ineligible civil rights, protection act.
for employment of any office under the state and 3. Practice of Untouchability can disqualify an
on the grounds of only religion, race, caste, sex, individual to contest in elections.
descent, place of birth or residence. (Under article Article 18: Abolition of Titles – state cannot confer
15 descent and place of residence are not present) any title on a citizen or foreigner.
Exceptions: 1. Citizens cannot accept any Titles from foreign state.
a. Residence as conditions for certain types of 2. A foreigner working for Indian government cannot
employment (only by the parliament). accept a title from foreign state without the consent
Example 371D in Andhra Pradesh. of the President.
b. Reservations to socially and educationally 3. No citizen or foreigner holding any office of profit
backward classes. (State can provide) shall not accept any present, emolument without
c. Incumbent of an office related to Religious or the consent of the President.
denominational institutions belonging to 4. Bharat Ratna, Padma Awards are not titles. (Not to
particular religion. be used as suffixes or prefixes to the names of
Reservations: awardees)
a. Mandal Commission (1979) was appointed
under Article 340 of the constitution. It
identified 52% of the population as OBCs and
recommended 27% Reservations.

Article 19-22 Right to freedom: 19 – 1 (f) amendment Act amendment Act

Article Freedom Reasonable Restrictions General public interest,
Freedom of Citizens has right professional and
Speech and Sovereignty and to practice any technical qualifications,
Article
Expression Integrity of India profession, licences etc are
19 – 1 (g)
(Every citizen has Security of State occupation, trade necessary. However
right to express Friendly relation with or business State can monopolize a
his beliefs and foreign states. business.
Article convictions. It Public Order  These 6 rights are protected only against state
19 - 1(a) includes freedom Decency or Morality, action and not private individual
of press, freedom contempt of court,  Important rights included under Art. 19 (a):
of information, deformation, Freedom of Press, No Right to Strike, RTI etc.
silence, freedom incitement to an  Freedom to move in and out of the country is not
against bandh, offense. available under Article 19 (Present under Article 21)
right to telecast, Article 20 Protection in respect to conviction for offences
advertise etc.) Article Explanation Other Points
Freedom of
Assembly No person
Applies only to criminal
Every citizen has Sovereignty and No ex post shall be
laws not to civil and
to right to Integrity of India, facto laws, convicted
tax laws.
assemble Public order, section (no by applying
Do not apply to
peacefully 144 of CRPC allows retrospection) law
prevention detention.
without arms. magistrate to restrain backwards
Article
They can conduct an assembly or
19 - 1(b) No person
meetings, meeting or procession. Available only for
shall be
demonstrations Under section 141 IPC proceedings before a
prosecuted
and take out assembly 5 or more court of law or judicial
No double and
processions. persons can be made tribunal not before
Jeopardy punished for
This right does unlawful. departmental and
the same
not include right administrative
offense
to strike. authorities.
twice.
All citizens have
Blood samples,
right to form Sovereignty and
No person specimen signatures,
Article associations or Integrity of India,
shall be thumb impressions,
19 -1(c) unions or Public Order and No Self
witness of exhibition of body,
cooperative Morality. Incrimination
his own production of material
societies
case. objects are not
Citizen can move
Article Interest of general covered.
freely throughout
19 – 1 public, protection of  No ex-post-facto law: 1) Applicable only on criminal
the territory of
(d) interest of tribals.
the country. laws and not on civil laws or tax laws. 2) Immunity
Freedom of cannot be claimed in case of preventive detention
Residence  Double Jeopardy: Applicable in case of court or
Every citizen has General public interest, tribunal (not applicable before administrative
Article
right to reside protection of interest authorities)
19 -1 (e)
and settle any of scheduled tribes
 No self incrimination: Applicable only to criminal
part of the
country. cases (both oral and documentary) and not in case
Article Removed by 44th Removed by 44th of civil proceedings.

Article 21  Parliament by law increase the period of preventive

No person shall be deprived of his life or personal liberty detention for more than three months without
except according to procedure established by law. obtaining opinion of advisory board.
A.K. Gopalan  Legislative power with regard to preventive
Menaka Gandhi Case
Criteria Case detention is divided between parliament and state
Protection
Protection
legislature.
Arbitrary
Right against Exploitation (Article 23 and Article
executive Available Available
actions 24):
Arbitrary Available (Un reasonable Article 23-Prohibition of Traffic in Human being
Legislative Not Available unjust, unfair laws can be and forced labour.
actions questioned by judiciary.)  It is available against state and private citizen.
Due process  State can impose compulsory service for public
Not Available Available
of law
purpose without any discrimination on grounds only
It means Wider and positive
only liberty interpretation of liberty of religion, race, caste, class.
Meaning of relating to i.e., opportunity to live Article 24-Prohibits employment of children
Liberty person, body with dignity and to below the age of 14 years in hazardous industries.
of the develop to ones  It does not prohibit child labour in non hazardous
individual capacities. industry.
Procedure established by  Child Labour (Prohibition & Regulation) Act 2016,
Due process of Law prohibits all kinds of employment of children below
Law
A law that is duly enacted 14 years. 14 to 18 years children in Hazardous
Due process balances the
by legislature or the industries.
power of law of the land
concerned body is valid if Right to Freedom of Religion (Article 25 to 28)
and protects the
it has followed the Article25: -Freedom of conscience, freedom to
individual person from it.
correct procedure
profess, practice and propagate religion.
Article 21A- Right to Education:  It do not provide right to religious conversions.
 State shall provide for free and compulsory  It covers religious beliefs and practices
education to children in the age of 6 to 14 years in  Hindus under Article 25 includes Hindus, Sikhs, Jains
such a manner as a state may determine (86th and Buddhists.
constitution amendment act)  Reasonable Restrictions: Public Order, Morality,
 Right to Education 2009 was enacted to enforce Health.
this.  State can also regulate economic, political activity
Article 22 – Protest against arrest and detention associated with religion. It can provide welfare,
 Grounds to be informed, right to consult and reform of religious institutions.
defended by a lawyer, right to be produced a Article 26-Religious denominations can establish,
magistrate within 24 hours excluding journey and maintain, manage, and acquire property for
holidays. religious and charitable purposes.
 Shall not be detained for more period than Necessary conditions (by SC) to be considered as
authorized by magistrate. religious denomination: 1) System of belief 2)
Preventive Detention: Common organisation 3) Distinctive name
 Can be detained for 3 months under a preventive Article 27-Freedom from taxation for religious
detention law, beyond that advisory board shall institutions – tax cannot be levied but fees against
permit. The board shall consist of Judges of High the service can be levied.
Court.

This article prohibits only levy of a tax and not a fee Dr. B R Ambedkar: Soul and heart of Constitution
Article 28- Freedom from attending religious instructions Writs can be issued by HC and SC to enforce FRs
in educational institutions. Meaning/pu Locus Against to
Not applicable to an educational institution established by WRIT
rpose Standi Whom
the state but requiring imparting religious instruction Show me the
Educational Institution Religious Instructions body of / to Private Citizen
Habeas Do not
Institutions wholly find the or Public
Completely prohibited Corpus apply
maintained by state missing Authority
Institutions people
Administered by state We
Religious instructions command /
but established under Against Public
permitted Mandamus To get the Applies
any endowment or Official
trust Job Done by
Permitted on voluntary an authority
Institutions recognized To Forbid /
basis, student may or may
by the state to stop the
not attend
Permitted on voluntary lower quotes
Institutions receiving Judicial and
basis, student may or may proceeding
aid from the states Prohibition Applies Quasi Judicial
not attend further in a
bodies
case out of
Cultural and Educational Rights (article 29 and 30) their
Article 29-Any section of the citizens residing in any part jurisdiction
of India having distinct language and culture shall have To be
right to protect the same. (collective right) certified or
 It is a group right, it is available for both religious to be
and linguistic minorities. informed / Judicial and
Certiorari transfer a Applies Quasi Judicial
 No citizen can denied admission into any
case due to bodies
educational institutions maintained by the state or excess of
receiving aid from the state only on grounds of lower court
religion race, caste or language. jurisdiction
 Section of the citizens: It includes both, majority as By what
well as minority (By SC). authority / Any public
Article 30-Rights of minorities to establish and administer To prevent authority
Quo- Do not
educational institutions available to religious and unqualified unqualified
Warranto apply
linguistic minorities. people for the
taking public position.
These institutions enjoy right to property, reservations for offices
OBCs (93rd Amendment act) do not apply to these Article 33-Parliament can restrict, abrogate fundamental
institutions. rights of armed forces, para military force, police forces,
It is applicable only to minority institutions. intelligence agencies. (State Legislature cannot make a
Article 32-Right to constitutional remedies law on this).
 It is a basic feature of constitution, parliament can  Members of armed forces are also include other
empower any subordinate court to issue writs of all service providers to the armed forces. Example:
kinds. Cooks and Carpenters.
 President can suspend the right to move to any Article 34-It provides for the restrictions on Fundamental
court for enforcement of fundamental right during rights while martial law in force.
national emergency.  Martial Law is not defined in the constitution.

 Concept of Martial law is derived from Britain  Status Right to Property was repealed by 44th
 It refers to situation where civilian administration is amendment act, now it is a legal right under article
run by military authorities. 300A.
 It empowers Parliament to indemnify any  Right to Property (Art 19) exists for Minority
government servant or any other person where educational institutions as a fundamental right.
martial law in force. Exception to FR
 SC: Habeas Corpus is not automatically suspended Article 31A-It prohibits five categories of laws from being
invalidated for violation of article 14 and 19. They are
Martial Law National Emergency
related to land reforms, industry and commerce and
It affects not only Fundamental
include, Acquisition of States, Management of properties,
Rights but also Center-State
Relations, distribution of amalgamation of corporations, modifications of rights of
It affects only directors and share holders, modification of mining leases
revenues and legislative powers
Fundamental rights etc.
between center and states and
may extend the tenure of the It does not immunise state law from Judicial review unless
Parliament. reserved received president assent after reservation.
It suspends the
It continues the government Article 31B-It saves acts and regulations placed in ninth
government and
and ordinary law courts. schedule from judicial review.
ordinary law courts
It is imposed to  In IR Coelho case, Supreme Court stated that laws
restore the It can be imposed only on three placed under 9th schedule after April 24th 1973
breakdown of law grounds war, external comes are open to challenge in court (Art. 14, 15,
and order due to any aggression or armed rebellion. 19, 21 and basic structure). Judicial review was
reason. stated as part of basic structure of constitution.
It is imposed in some Article 31C-Brought in by 25th amendment act 1971,
It is imposed either in the whole
specific area of the
country or in any part of it. It states that Art. 39B and Art. 39C can override
country.
article 14 and 19.
It has no specific
It has specific and detailed Rights Outside Part – III: They are not fundamental
provision in the
provision in the Constitution. It rights but they are constitutionally guaranteed legal
Constitution. It is
is explicit rights.
implicit
1. Article 265: No tax can be levied or collected except
Article 35-Parliament only has power to make laws to give
by authority of law
effect to certain FRs (ensures uniformity)
2. Article 300A- Right to property
1) Residence as criteria for public employment. 3. Article 301 – Trade, Commerce and Inter course
(Art. 16). throughout territory of India.
2) To empower courts and other than Supreme Court 4. Article 326 – Right to Vote.
and high courts to issue writ orders, directions for Note: Under Article 226 High Courts have Writ
enforcement of fundamental rights. (Art .32) Jurisdiction on these rights.
3) To make laws to take away fundamental rights for
Directive Principles of State Policy
armed forces – para-military and police. (Art. 33)
Art 36-51(Part IV)
4) To indemnify the acts of government servant during
• Inspiration: Irish constitution
marital law. (Art. 34)
• Dr.Ambedkar described DPSP as NOVEL features.
5) Parliament can also make laws for punishment of
 DPSP and Fundamental rights are: philosophy, soul
offenses declared under FRs.Example:
and conscience of the constitution.
untouchability, trafficking etc.
This Article extends the competence of Parliament to  They are essential for Governance.
make laws on few matters specified in state list

Features of DPSP: Constitutional instruction to state. To Secure :

These resemble the instrument of instruction of GOI act a. Rights to adequate means of
1935 to the Viceroy. livelihood
 Aimed to establish Economic and social democracy. b. Equal distribution of material
resources of the community for the
 Aims to establish a welfare state
common good
 Art. 37: These are fundamental in the governance and
c. Prevention and concentration on
it shall be the duty of state to apply these principle in
health
making laws d. Equal pay for equal work
 Non-justiciable e. Preservation of health and strength
 SC: DPSP can be considered as reasonable restriction of workers.
in relation to Art. 14 and Art. 19 f. opportunities for healthy
Classification of DPSP (Not mentioned in development of children
constitution)
Article
Remember the DPSP related to health, education for Subject Matter
No.
Mains. A-39(A) Equal justice a free legal aid.
Principles Sections A-40 Organization of village panchayats
38, 39, 39A, 39B, 41, 42, 43, Right to work, to education, and to public
Socialistic principles A-41
43A, 47 assistance in certain cases.
Gandhian principle 40, 43, 43B, 46, 47, 48 Provision for just and humane conditions of
Liberal intellectual A-42
44, 45, 48, 48A, 49, 50, 51. work and maternity relief.
principle
A-43 Living wage, etc. for workers
• 42nd CAA (1976) added DPSPs. They are: Participation of workers in management of
A-43(A)
Article-39: To secure opportunities for healthy industries.
development of children. A-43(B) Promotion of co-operative societies
Article-39A: To promote equal justice and to A-44 Uniform Civil code for the citizens
Provisions for early childhood care and
provide free legal aid to poor.
A-45 education to children below the age of six
Article 43A:Participation of workers in the years.
management of industry. Promotion of educational and economic
Article 48A: Safeguarding forests and wildlife. A-46 interests of scheduled castes, scheduled
 44thCAA added- Article 38 (state to secure social tribes and other weaker sections.
order for the promotion of welfare of the people) Duty of the state to raise the level of
 86thCAA– Changed subject matter of Article 45, nutrition and the standard of living and to
A-47
improve public health.
(provision for early childhood care and education
Prohibit the consumption of Intoxicants
of children below 6 years). Organisation of agriculture and animal
 97thCAA amendment act – introduced Article 43B A-48
husbandary
- Cooperative societies. Protection and improvement of
List of DPSP: A-48(A) environment and safeguarding of forests
Article and wild life.
Subject Matter Protection of monuments and places and
No. A-49
A-36 Definition of State objects of national importance.
A-37 Application of the directive principles A-50 Separation of judiciary from executive
State to secure a social order for the Promotion of international peace and
A-38 A-51
promotion of welfare of the people security.
Certain principles of policy to be followed by
A-39
the State.

Directive Outside – Part – IV:

Article 335 (Part XVI): Claims of members of SCs STS
shall be taken consideration without compromising
efficiency of administration in Public employment.
Article 350A (Part XVII):Instruction in mother tongue at
the level of primary education.
Article 351 (Part XVII): Development of Hindi Language.
FR V/S DPSP
FR DPSP
Justiciable. Non-justiciable
justiciable.
Economic and Social
Political justice.
justice.
Have legal sanction No legal sanction
Societarian and
Personal & individualistic.
socialistic.
Not automatically
Automatically enforced.
enforced.
Courts declares a law Courts can’t declares a
violating FR is law violating DPSP as
unconstitutional. unconstitutional
unconstitutional.

FUNDAMENTAL DUTIES: Source-South Africa:

Art 51A, PART IV A, Source -USSR  Parliament have authority to amend constitution. Art
 Swaran Singh Committee
ommittee (1976) recommended 8FDs 368 gives procedure and power to amend
 42nd CAA included 10FDs in constitution constitution.
 Features of FDs:  Bill can be introduced-either
either house(LS or RS), NOT in
o Some are moral, some are civic state legislature
o Confined to citizens only  Can be Introduced by minister or private member
o Non-justiciable  No need of prior permission oof president
List Fundamental Duties:  Bill must be passed by each house
house-Special majority
o To abide by constitution, respect its ideals and  Each house must pass the bill separately
institutions.
 To amend federal provisions
provisions-Half of state legislative
o To cherish and follow the noble ideals
assemblies must ratify with simple majority.
o To uphold and protect sovereignty, unity and integrity
o To defend the nation  President must give his assent to the bill
o To promote harmony and spirit Types:
o To value and preserve the rich heritage o By simple majority of parliament - Majority of the
o To protect natural environment members present and voting shall accept. These are
o To develop scientific temper considered as amendments outside Art 368.
o Safeguard public property o By special majority of parliament -majority of 2/3rd
o Excellence in all spheres of individual and collective
members present and voting, more than 50% of the
activity
total strength of the house.
o Providing opportunities for education of children in
o By special majority of parliament and consent of half
the age group 6-14 years (86th CAA)
(Remember
emember these and observe the fundamental of the state legislative assemblies with simple
duties that overlap in language with DPSP). majority
Constitutional Amendments by Simple Majority:
AMENDMENT OF THE CONSTITUTION
STITUTION 1. Creation of new states (Art 3)
Art-368, PART XX 2. Admission of new states (Art 2)
3. Schedules: Econd,
cond, fifth and sixth judges
4. Judiciary: Number of judges, power of Supreme
Court.
5. Legislature: Quorum, language, privileges, Rules of
procedure, salaries and emoluments of MPs,
Elections, Delimitation, abolition or creation of
legislative councils etc.
6. UT’s: Creation
reation of Legislature and elected executive.
1. By Special Majority:
Allll provisions that cannot be amended by other means –
ex – FR and DPSP.
2. By special Majority of Parliament and consent of states
a. Election of President
b. Extent of executive and legislative power of union
and states
c. Seventh schedule
d. Representation of states in parliament
e. Amendment of Art 368 itself.
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BASIC STRUCTURE
Parliament under article 368 can amend any part of
constitution without affecting the basic structure of
constitution.
CASES with respect to Basic Structure:

o Shankari Prasad case 1951-Parliament can take
away any FRs
o Golakanath case 1967-Parliament cannot take
away FRs. It cannot amend them. Art 368 has only
procedure and not power to amend the
constitution.
o Kesavanand Bharati Case 1973 - Parliament can
amend the FRs without affecting the BASIC
STRUCTURE
Basic Structure Comprises:

o The supremacy of the constitution.
o A republican and democratic form of government.
o The secular character of the Constitution.
o Maintenance of the separation of powers.
o The federal character of the Constitution.
o The mandate to build a welfare state contained in
the Directive Principles of State Policy.
o Maintenance of the unity and integrity of India.
o The sovereignty of the country.
o The democratic character of the polity.
o The unity of the country.
o Essential features of individual freedoms.
o The mandate to build a welfare state.
o A sovereign democratic republic.
o The provision of social, economic and political
justice.
o Liberty of thought, expression, belief, faith and
worship.
o Equality of status and opportunity.
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FEDERAL SYSTEM 10. All India Services

11. Integrated Judiciary
Federalism- Sharing of power between centre and states 12. Absolute veto power over state bills
Federal Government in India: Comments:
 Quasi Federalism-blend of Unitary and Federalism.  Granville Austin : Cooperative federalism
Federalism  Morris Jones : Bargaining federalism
 Paul Appleby : Extremely Federal
Agreement Right to secede  Ivor Jennings : Federation with strong
centralising Tendency
Federal Features  Dr. BR Ambedkar : Both unitary and Federal based
1. Dual polity on requirements of time and
2. Written Constitution circumstances.
3. Division of Powers (union list-100, state list -61,  K C Wheare : Quasi federalism
concurrent list-52)  Santhanam : Central grants and Planning
4. Constitutional Supremacy Commission increased
5. Rigid constitution dominance of centre.
6. Independent Judiciary
SC Judgements:
7. Bicameralism
 S R Bommai Case (1994) : Federalism is basic feature
Unitary Features: of the constitution
1. Strong centre (with more and most important  Kesavananda Bharati Case (1973): Federal character
subjects, residuary power, overriding over state of the constitution
legislation,)
Challenges in Working of Federalism:
2. Indestructible union of destructible states.
3. Single constitution, single citizenship  Rise of regional parties
4. Flexibility of the constitution  misuse of Art 356
5. No equal representation to the states  Accords – Assam, Mizo, Punjab
6. Emergency provisions  Creation of New states – linguistic, developmental
7. Common CAG, ECI needs.
8. Parliament authority over state list (international  Sharing of river waters
agreements,).  Territorial disputes
9. Appointment of Governor  Increased grants and statutory transfers to the states.
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EMERGENCY PROVISIONS Judicial Review:

 Three types of emergencies are subjected to Judicial
review.. (38AA wanted to do away with it)
it).
 National emergencies so far – 1962, 1971 and 1975
 Shah commission – to investigate on emergency in
1975.
President’s Rule:
Part XVIII, Art 352 to 360

1. 352 – National Emergency
2. 356 – President’s rule for constitutional failure
3. 360- Financial Emergency
4. 365-President rule, when states fail to comply with
direction given by Union.
Annexure- I: Expected to be a dead letter but became a deadly

Emergencies explanation and comparison – is provided in weapon.
Annexure-I.  Parliament can delegate the power to make laws to
president or any authority specified by him.
Changes after 44th CAA- (National Emergency)  Laws made by the parliament, president on state list
 The tern Internal disturbance was replaced by armed will continue after emergency.
rebellion  But it can be altered or repealed or re
re-enacted by the
 Recommendation from cabinet in writing. state legislature.
 Approval within 1 month through special majority
 Periodical approval after every 6 months for Judgements:
continuance. S.R. Bommai Case – 1994
 Revocation through recommendation of Lok Sabha by Key highlights:
simple majority.  Judicial review exists. (Itt shall nor be based on
 Rights under art 19 can only be suspended if national malafide, perverse, irrelevant or extraneous
emergency is declared on war/external aggression. conditions.) Relevant material is necessary
 Only laws that are related with emergency cannot be  Court do not look in to correctness of material. But
challenged in any court. existence of material is necessary.
 But other laws made during emergency can be  Till Parliament
rliament approval, Legislative Assembly is
challenged for violation of FR. suspended not dissolved.
 Non suspension of Art 20, 21.  Floor of the house is only the test ground of
confidence.
 Art 358 – only for Art 19 (automatic suspension)
 Anti secular politics are liable for Art 356.
 Art 359 – empower the President to suspend
“enforcement” of any specified fundamental rights.  Courts can restore and revive the government and
Assembly, if proclamation is declared as
unconstitutional.
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Sarkaria Commission - 1988 Criticism of Emergency Provisions:

Acceptable Grounds for President Rule  Federal character will be destroyed and Union
 Hung Assembly becomes more powerful.
 Fail to follow Constitutional direction  Fundamental rights losses their significance.
 Internal subversion, Physical breakdown  Can make rulers dictatorial.
 Lack of alternative after No confidence motion  H V Kamath – an invitation for totalitarian state.
passed.  K T shah – A chapter of reaction and Retrogression.
 TT Krishnamachari - it can lead to constitutional
Unacceptable Grounds: dictatorship.
 Not giving a chance for alternative after No  H NKunzru:Serious threat to financial autonomy of
confidence motion the state.
 When a new party comes to power in the centre
 Internal disturbances not amounting to internal Positive Side:
subversion or physical breakdown.  Alladi Krishna Swamyayyar:
 Mal-administration or allegations of corruption. The very life breath of the constitution.
 If no prior warning for rectification was given.  Mahavirtyagi:
 If used to settle intra-party disputes. A safety valve.
Annexure-I
Emergency Powers Part XVIII, 352 to 360
Art 360 (Financial
Art 356 (President Rule/State Emergency)
SL. Art 352 (National
Criteria Emergency/Constitutional
No. Emergency) As like National
Emergency)
Recovery Act of USA.
War, External aggression,
Grounds of Constitutional machinery breakdown Threat to financial
1 Armed rebellion or
declaration (On report of governor or otherwise.) stability and credibility
imminent danger thereof.
Internal/External
2 Classification No classification No classification
Emergency
Written
3. recommendation Required Not required Not required
from cabinet
2 Months. Max duration is for 3
years. Periodical approval every
2 Months, Indefinite
Parliamentary 1. Month and indefinite 6months
period. (No
4. approval time period (need to be
intermittent approval
and duration approved every 6 months) Beyond an year – National
is required)
Emergency or EC certification are
required.
Majority required
5 for approval and Special majority Simple majority Simple majority
revision
President or by Lok Sabha
with simple majority.
6 Revocation President of India President of India.
Special Session of Lok
Sabha need to be convened


19
if 10% of total members

gives a written notice to
president/ Speaker. (within
14 days)
1. State list concurrent
list
2. Fundamental rights can
be suspended (other than
art 20,21)
3. Art 358 suspension of FR
under Art 19 1. President can give
Art 359 - President 1. Parliament makes laws on state directions for
suspends through an order list. ( No state legislature) Reduction of salaries.
except Art 20 and 21 2. Governor administers state (No (including judges and
4. Centre can give direction state government exists) other constitutional
to states on any matter 3. No effect on fundamental rights. authorities)
5. President can change 4. President can confer any authority 2. Reservation of all
7 Consequences
constitutional distribution to Centre. money bills or financial
of revenues between 5. President issues ordinances on bills for the
Centre and state. subjects in state list. consideration of
6. Life of Loksabha and 6. Parliament can delegate the president.
Legislative Assembly can be power to make laws on state 3. Direction to states
extended by one year at a subjects. to observe canons of
time indefinitely. (After financial propriety.
emergency ceases to
operate, it can extend for
only 6 months)
7. Parliament cannot
delegate power to make
laws on state subjects.
Continuation of Do not continue after 6 Will continue and state can amend No laws are enacted
8
laws on state list months of revocation /repeal them. on state list.
9 Imposition 3 times-1962, 1971, 1975 More than 100 times Not yet
Note: Art 365 – failure to comply with executive direction amounts to imposition of President Rule.

CENTRE – STATE RELATIONS (PART XI) Sl.

Art Condition
Approval
Other Conditions
Division of administrative, legislative and financial No. /Resolution
functions. (Not Judicial). RS shall pass

a resolution Will be in force for
Legislative: (Article 245 to Article 255). with 2/3 1 year
(a) Territorial Extent : National
1 249 majority of It is restricted only
interest
1. Centre – whole or part of India, extra territorial members to subject specified
present and in resolution
Jurisdiction. voting.
2. State – whole or part of the state. National No resolution State list becomes
2 250
Laws of Parliament – Restrictions: emergency is required concurrent list
States so
1. UT’s requested will
2. Scheduled areas ( Governor) loose authority on
When states No
3. Tribal Areas in Assam (Governor orders) the subject.
3 252 make a resolutions
Parliament can
4. Tribal areas in Mizoram, Meghalaya and Tripura request are necessary
only amend and
(President can issue orders) repeal the law so
made.
(b) Distribution of legislative subjects To give an
Union list : 100 (Originally 97) affect to an No approval
4 253 No conditions
internationa is required.
State list : 61 (Originally 66) l agreement
Concurrent list : 52 (Originally 47) President’s -reference
5 356 -
rule page- 16
Residuary power – lies with Union (A-248):
(d) Centre’s control over state legislation.
(c) Parliamentary legislation in state field
1. Reservation of bill to president by governor.
1. When Rajyasabha passes a resolution in National 2. Absolute veto powers to president on state bill
Interest (Art-249) 3. President can ask for reservation of bills for his
2. National emergency (Art-250) consideration during financial emergency.
3. When states make a request (Art-252) 4. Previous sanctions of president is required for certain
4. To implement an international treaty (Art-253) bills (Bills related to interstate trade and commerce)
5. President’s Rule(Art 356 Administrative – A-256 to A-263
42ndAA – it shifted education, forests, weights and 1. Distribution of executive power:
Measures, protection of wild animals and birds, a) Co extensive with legislative power.
administration of justice and constitution of lower courts b) On concurrent list, parliament law can override
state law. (exception-president assent on
were shifted from state list to concurrent list.
reserved bill)
Important subjects in concurrent list: c) However, laws on concurrent list are executed by
1. Criminal law and procedure states.
2. Civil law and procedure 2. Obligation of states and centre:
3. Marriage and divorce a) State executive power shall be in compliance with
4. Population control and family planning parliamentary laws
5. Social and economic planning b) State executive power shall not override/
6. Electricity prejudice executive power of centre.
7. Labour welfare 3. Centre’s direction to the states on
8. Newspapers, books, printing press etc. a) Communication system
b) Maintenance of railways
c) Instruction in mother tongue to linguistic
minorities till primary stage.
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Directions under Art 356, if not followed it can be 13. Extra constitutional devices
constitutional breakdown in states (Art 356). President’s a) NITI Aayog
rule can be imposed. b) National Integration Council
c) UGC
4. Mutual delegation of functions
d) Central councils. etc
 258 - President can request governor for use of
e) Conferences
state machinery. State consent is mandatory
Financial Relations: Article 268 to Article 293
 258 A - Governor can request president for use of
Allocation of taxation powers –More taxes are in state list.
central executive machinery. Union consent is
But, remunerative taxes are in central list. Residuary
mandatory.
taxation power is with union
 Parliament can entrust executive functions of the
Distribution of Tax Revenues – 88th AA - Alternative
centre to the states. (if parliament does it by law,
scheme devolution of taxes – 10th finance commission.
no consent of states is necessary)
Art 265: No tax can be levied or collected except by
5. Full faith and credit clause – states and centre shall
authority of law.
respect the public acts, records and Judicial
Distribution of Tax Revenues
proceedings of all other states.
Arti Collect Appropr
6. Interstate river water disputes – Parliament can Levy Examples
cle ion iation
make a law. (Judiciary can not intervene (article 262), Stamp duties on shares,
Inter-state river disputes act 1956 was enacted. 268 Centre States States cheques, promissory
7. All India services notes, insurance etc.
 Art 312- Parliament can create new AIS. Taxes on interstate
trade and commerce.
Condition: RajyaSabha approval is necessary with Revenues from these do
269 Centre Centre States
majority of 2/3 members present and voting. AIS not form part of
are Recruited, trained by centre and allocated to consolidated fund of
India.
states.
Shared
 States cannot impose any major punishment and All taxes in union list –
between
270 Centre Centre income tax(other than
ultimately responsible to President of India. Centre
agricultural income),
8. Public Service Commissions - Appointed by Governor and
corporate tax, etc
states
but can be removed only by president of India. Surcharge on taxes
271 Centre Centre Centre
-Parliament can create a Joint Public service under 268,269,270.
commission. (JSPSC is a statutory body not a Sales tax, excise duty on
constitutional body) liquor and Narcotics,
- State State state octroi, professional tax
-On request of Governor, President can request UPSC (max of Rs. 2500 – limit
to serve states. kept by constitution)
9. Emergency – Discussed already.
10. Governor – Appointed by President and enjoys office Non tax revenues – as per the division of powers in Sch 7
during pleasure of President of India. Grants in Aid to the States
11. Art 355 and duties of centre – Centre has a) Statutory grants – Article 275 – finance commission
responsibility to protect the state from internal recommends. Charged out of consolidate fund of India.
disturbance/ external aggression/ war/to carry on the It includes, General grants and specific grants.
b) Discretionary grants – Article 282 – union allocates
government according to the provisions of
according to its discretion.
constitution.
c) Other grants - temporary grants in lieu of export of Jute
12. State Election Commissioner – Appointed by the
and Jute based products to Assam, Bihar, West Bengal
governor but can be removed only by President of and Orissa. No more relevant.
India.

Finance Commission: 3. West Bengal Memorandum

 Article 280 Common Points:
 balancing wheel of fiscal federalism in India 1. Move towards true federation
 quasi Judicial body. 2. Centre shall have authority only on defence,
 Appointed by president of India once in 5 years communications, external affairs
 qualifications are determined by Parliament 3. Repeal of emergency provisions
 Purely recommendatory in nature 4. States consent to form new states shall be mandatory.
 It makes recommendations on, 5. Equal powers to Rajysabh and Lokhsabh
1. Distribution of net proceeds of taxes between centre 6. More revenues to states
and states and among states (vertical and horizontal 7. Residuary powers to states.
distribution) Committees by Centre:
2. Grants in aid under Art 275 1. Sarkaria commission, 2. Punchhi commission
3. Recommendations to augment resources of Inter-State Relations
consolidated fund of state to help Municipalities and  Art 262 – Interstate river water disputes. Parliament may
Panchayats (on the basis of recommendations of State provide through for adjudication of dispute. neither SC
Finance Commission) nor any other court can exercise jurisdiction wrt it.
4. Any other matter referred to it by President. Parliament based on it has passed River Boards Act
Protection of the states interest, in financial matters (1956) and Interstate water disputes act 1956.
certain bills in Parliament can be introduced only by  Art 263 - Interstate council – created by Presidential
prior recommendation of President, order and headed by PM.
a) A bill That varies expression of agricultural income  Art 261 – Full faith and credit clause for public acts,
b) Bills dealing with allocation of money to the states Records and Judicial proceedings.
c) Surcharges
 Art 301-307 - Interstate Trade and Commerce – Part XIII
d) Alteration of taxes and duties where state interests
 Parliament and state legislature by law can impose
are affected.
restrictions. In case of state legislature, previous
Borrowing Powers – centre can borrow with in India or
sanction of president of India is required to introduce
outside. States can borrow only with in India.
bill.
 If states are having outstanding liabilities to centre, its
 Parliament can appoint authority to carry on provisions
prior permission is necessary for borrowing.
related to trade and commerce.
 Centre can give guarantee to the borrowing of state.
 Within territory of India – shall be free
 Parliament and state legislatures can fix limits.
Zonal Councils – statutory (States Reorganisation Act-
Tax Immunities:
1956) and advisory in nature.
 Inter governmental tax immunities – centre cannot tax
 Five in number, (Northern, central, southern, eastern
states property and vice versa.
and western) North Eastern council was created by
 Immunities do not apply, separate act of Parliament. In 1971.
1. to corporations and companies of state and central Composition:
governments.
 Chairman -union Home minister, chief minister and two
2. Property and income of local authorities are not given
Minister from each state, administrators of U/T in the
immunity.
zone are members. Chief Ministers of states on rotation
3. Customs duties and excise duties on goods
basis works as vice chairman. (one year)
imported/exported/manufactured by state.
 If any other Members exists, they do not have voting
Annexure – I Emergency and financial relations – already
rights. (Chief Secretary, Planning Commission Members
discussed
etc)
Committees – for centre- State relation:
 North eastern council has special responsibilities to
By States
make a regional plan and maintenance of security and
1. Rajamannar Committee – TN
Public order in the region.
2. Anandpur Sahib Resolution – Akali dal of Punjab

UNION EXECUTIVE Impeachment:

Article 52-78, Part V
Consist of President, Vice president, PM and council of
members, Attorney General of India
President:
 Qualifications of contestant – 35yrs, citizen of India,
qualified to be a member of Lok Sabha, shall not hold
office of Profit under any govt.
Election of the President
 50 electors shall be proposers and 50 shall be
seconders.
 Election system – indirect election, proportional
 Grounds: Constitutional violation (undefined)
representation by single transferable vote.
parliament with 2/3rd majority of total strength of
 Total number of votes polled+1
house independently in LS and RS.
 Number of seats +1
(Nominated members also participate, MLA’s do not
 Voters (Only elected MPs-LS LS and RS, Elected MLA’s of
participate)
Legislative Assembly of states and U/T of Delhi and
 14 days of prior notice should be given to President
Puducherry)
 First house – lays charges and 1/4th members need to
 Votes of each MLA =
support it.
Total Population of a state
 Chairman/ Speaker may or may not admit it.
Elected MLA’s in Assembly x 1000
 Second
econd house investigates the charges.
Votes of each MP =Total value of votes of all MLAs of all Note:
states/ Total number of elected MPs  President actions prior to impeachment will not get
Note: affected.
 Vote of an MLA is not equal to vote of an MP  Vacancy in the President’s Office is tempo
temporarily filled
 Vote of all MLA = vote of all MPs by Vice president, CJI or Senior most Judge of SC in
 Oath –ToTo preserve, protect and defend constitution order. (max period 6 months)
months).
given by chief justice of India.  Newly elected president will be in office for full term.
 Conditions of office – determined by Parliament (5years).
Legal Immunity:  Resignation of President is submitted to Vice
 No criminal proceedings, during his term of office. President.
 Civil proceedings with 2months of Notice can be Powers and functions
initiated only on personal acts. Executive Powers:
 Term: 5 Years  All executive actions of the Centre are conducted
 Eligible for re-election
election for any number of times. /Transaction of business rules are in the name of
President, administers UTs, declares an area as a
scheduled area.
 Makes all important appointments.
Legislative Powers:
(Details are in Parliament Chapter)
hapter)
 Integral Part of the parliament
www.laex.in Executive www.laex.in/testprep

 Gives Assent to bills  SC Guidelines: Convict cannot demand for oral

 Summons Joint sitting hearing aid and advice of council of ministers is
 Summons, prorogues houses and dissolves Lok Sabha necessary not subjected Judicial review except
 Addresses the Parliament – after general election, Presidential decision is arbitrary, Malafide or
first session every year. discriminatory.
 Appoints Protem Speaker, calls for election of Diplomatic Powers
Speaker, Dy. Speaker and Dy. Chairman.  International treaties are made in the name of
 Nominates 12 to RS and 2 to LS. President.
 Decides on disqualification of MP’s under Art 102 and Military Powers
Representation of people’s act in consultation with  Supreme commander of defence forces of India, can
EC. declare war/Peace.
 Gives permission to Introduces Money bills. Emergency Powers – discussed in emergency
 Considers state bills reserved by governor. provisions (Refer Annexure-I)
 Ordinance making power(Article 123). Veto Power of the President:
 Reports of CAG, EC, UPSC are submitted to Parliament  Absolute Veto –withhold for state bills, Private
by him. member bills.
Financial Powers:  Suspensive Veto – President can send a bill for
 Money bills are introduced with prior reconsideration of parliament only once. Not
recommendation of President of India. available for Money bills and Amendment bills.
 President constitute Finance commission.  Pocket Veto –no action.
 He causes budget to be laid before the Parliament.  No Qualified Veto for President of India. (But exists
 For unforeseen expenditure he can make advance out president of USA)
of contingency fund of India.  For Money bill President can ratify or reject but can
Judicial Powers not be returned.
 Appoints Judges of SC and HC’s  No Veto power on constitutional Amendment bills
 He can ask for Advise to SC (Advisory Jurisdiction) (24th CAA)
Pardon powers – Art 72 (161 for Governor) Presidential Veto over State Legislation:
 Pardon – completely absolves conviction Governor under Art 200 reserves certain bills for
 Commutation – Quality of conviction is changed. President consideration. State legislature cannot
 Remission: Period of sentence is changed and not the override suspensive veto power of the President.
nature of conviction. Ordinance:
 Respite: lesser sentence due to special fact  Art 123, co extensive with legislative power of union.
 Reprieve: stay in the execution of sentence for a But, cannot amend constitution.
temporary Period.  To deal with unforeseen emergencies.
 President only have pardoning power on death  Can be applied from retrospective date ( civil, tax laws
penalty, court Martial and crimes committed on union not criminal laws)
laws. (not Governor)  Can be promulgated only when both house or when
 Note :Death Penalty even for violation of state law either of the two houses are not in session.
can only be pardoned by President of India. Governor  Shall be submitted before the parliament within 6
can commute, suspend or remit death sentence but weeks after reassembly with a statement explaining
cant pardon. circumstances that led to ordinance.( If houses are

assembled at different dates, later dates are President of India, he receives salaries and
considered) emoluments as so. He will not perform
 Maximum life- 6 months and 6 week. An ordinance responsibilities as chairman of Rajya Sabh. While
will expire after 6 weeks once both the houses of being President
parliament are in houses in case of non approval.  Qualifications: 35 years, citizen of India, shall be
 Can’t be issued to amend Constitution. eligible to be a member of RS, shall not hold office of
 If parliament do not approve, actions taken under profit.
ordinances do not nullify.  Election: elected by all the members of the
Judgements of Supreme Court: Parliamnet (both elected and nominated)
 Coopers Case: Ordinance power of President is  20 electors are proposers and 20 are seconders.
subjected to Judicial review on malafide grounds.  Election system – proportional representation by
 DC Wadhwa Case: Ordinance power is not a Single transferable vote.
substitute for the legislative power.  Oath or Affirmation: faith and allegiance to
 Re promulgation of Ordinances is the violation of constitution and faithful discharge of duties.
constitution and can be stuck down.  Term of Office : 5 years, eligible for re-election
Constitutional Position of the President:  Administered by President or some person appointed
 Art 53 – Executive power of Union is with President in that behalf by him.
 Art 74 – Aid and advice of council of ministers shall be Vacancy in Office:
available.  No substitute mentioned in constitution. In RS,
 Art 75(3) – Collective responsibility of Council of Deputy Chairman performs the duty of chairman.
Minsters to Lok Sabha.  Can be removed by a resolution of RS with effective
 Art 78 – PM shall give information on laws, policies to Majority and approved by LS. (14 days notice should
President of India. President can call for any be given)
information from government. President can submit a  Election Disputes: SC decides all election disputes of
Ministers decision to consideration of Council of President and Vice president.
Ministers. Note:
Discretionary Powers:  Emoluments: decided by parliament.
 President does not enjoy constitutional discretionary  American vice president also chairs the senate.(as like
power as he is bound by 42nd CA and 44th CA acts. Indian VP)
 However he enjoys situational discretion power in  In case of death, illness of President of USA, Vice
following cases, president takes office for the rest of the term. (it is
1. To appoint the PM in case of Hung Parliament not the case in India)
2. To dissolve Lok Sabha or to call for an alternative after Prime Minister:
passage of No confidence motion in LS  Head of the government. Council of ministers are
3. To send a bill for reconsideration (44 CAA) appointed and removed by the President on
4. Dismissal of Council of Ministers if No confidence recommendation of PM.
Motion is passed and Council of Ministers do not  On his resignation, government collapses.
resign.  Oath – allegiance to constitution, protection of
5. To ensure that 6months do not lapse between two sovereignty, faithful discharge, to do right to all,
sessions of parliament. secrecy.
Vice – President:  Salary and allowances – Parliament decides ( As of
 Ex officio chairman of RS. Receives salary and now, PM, CoM has same salaries like MPs)
emoluments as so. When performs the functions of

 Leader of the house in which he is a member and  Article 74 – aid and advice of Council of minster shall
nominates leader of other house. available to President. He can send it for
Other Functions of Chairman are : reconsideration only once.
 NITI Aayog, (Executive Body)  Advice rendered by Council of Ministers cannot be
 Indian Board of wildlife (statutory – wild life enquired by any court.
protection act 1972)  In India minister do not countersign an order of
 National Ganga river Basin authority – statutory body President. (In UK, minister has to countersign the
under Environmental Protection act 1986. order of queen)
 National commission on Population : Executive body  The word cabinet is mentioned only in art 352 (after
 Nuclear command authority 44CAA)
 National disaster management authority  Oath and salary – Like PM.
 Interstate council  Oath is administered by President, appointed by
 National integration council President on the advise of PM.
 CSIR State Executive
 Department of space, atomic energy, DoPT Governor
 Cabinet committee on appointments, economic  Qualifications: Age : 35+ years, Citizen of India
affairs and political affairs.  Chief Executive Head of State
 National development council.  Appointed by the President. By warrant under his
 National water resource council. hand and seal.
Council of Ministers:  Even though he holds office for 5years there is no
 Three types – cabinet, ministers of state (MOS), security of term or tenure as he is subject to pleasure
Deputy Ministers. of President.
 Others – parliamentary secy. They are not an  Governor of State is not an employment under
exemption to Office of Profit. Central Government.
 Cabinet ministers can attend cabinet meetings  A person can act as Governor for two or more states,
without any invitation they will be in charge of state and an union territory- 7th CAA.
important portfolios.  While administering union territory he shall act as
 MOS would be in charge of small ministries or agent of the President.
department and only on invitation they attend  As governor of the state he shall be Constitution
cabinet meetings. Head.
 Dy ministers will be given In charge of departments or Conventions:
assist cabinet ministers in discharging their duties.  Chief Minister of the State is consulted before
Size of council of Ministers: appointment of Governor.
 91stAA – shall not be more than 15% of total strength  Outsider is appointed as a Governor.
of LS (including PM) Powers of Governor:
 A man disqualified to be an MP is also disqualified to  As like President he enjoys,
be a minister. 1. Executive powers (appoints state election
 Art 75(3) – collective responsibility to Lok Sabha commissioner, acts as the chancellor of universities,
 Individually, a minster holds office during pleasure of imposition of constitutional emergency)
President (PM indeed recommends for removal ) 2. Legislative powers (Nominates 1/6th members State
Legislative Council, 1 member of Anglo Indian
community to assembly)

3. Financial powers the Gujarat. Equitable distribution of

4. Judicial powers. opportunities and funds
Parliamentary laws do not apply on
 Article 163 explicitly states that Governor can act matters of religious social practices,
under in his discretion in exercise of his functions. administration of civil and criminal
Whether any matter falls in Governor Discretion or justice. Ownership and transfer of land.
Customary laws and procedures.
not shall be decided by the Governor himself. It 371A Nagaland
-Law & Order:
cannot be questioned in Court of Law. Governor has special responsibilities for
 The 42nd constitution amendment act made peace in Tuensang region
-Governor shall constitute a regional
ministerial advice binding on President. No such council for Tuensang district
provision exists for Governor. Therefore Governor Representation:
enjoys Constitutional and situational discretion. President can create a committee of
the Assam Legislative Assembly
Situational discretion is same as President. 371B Assam
consisting of member selected from
 Governor shall enjoy constitutional discretion in Tribal Areas. (Like Tribal Advisory
following cases, Council).
1. As per Article 200 Governor can reserve any bill for President can create a committee of
371C Manipur legislative assembly consisting of
consideration of President. In one case it is obligatory
members from hill areas of state.
i.e., if a bill endangers position of high court. Equal opportunities for Andhra,
2. Recommendation for imposition of President rule. Telangana and Rayalaseema Regions.
Andhra -Local Area Reservations can be created
3. Additional Incharge of adjoining UT.
371D Pradesh, in Education and Employment.
4. Seeking information from CM. 371E Telangan -Special Administrative Tribunal for Civil
Special Responsibilities: a post in the state.
-371E – Central University in Andhra
State Responsibility Pradesh
Developmental Board, Vidarbha and Representation: 30 members legislative
Maharastra
Marathwada assembly, one loksabha seat
Development Boards Sourastra and 371F -Reservations for different sections.
Gujarat th
Kautch (36 CA Sikkim -Governor has special responsibility for
Law and Order in Naga Hills, A) equitable social and economic
Nagaland advancement of different sections of
Tuensang Area
Assam Administration of Tribal Areas Sikkim population.
Manipur Administration of Hill Areas Identity: Parliament laws do not apply
for socio religious practices, customary
Sikkim Social and Economic Advancement
law and procedures, administration of
Arunachal Pradesh Law and Order
371G Mizoram civil and criminal justice, transfer of
Development of Hyderabad, land.
Karnataka Karnataka Region (Renamed as Representation: Mizo Assembly shall
Kalyan Karnataka). have minimum 40 members
Chief Minister of Council of Ministers of State Governor has special Responsibilities
Arunacha for Law and Order.
 Similar to Union 371H
l Pradesh Representation: Assembly shall have
 Special provisions to some states: (Article 371) minimum of 30 members.
Article State Special Provisions for Representation: Assembly shall have
371I Goa
minimum of 30 members.
Developmental Boards for Vidarbha
Special Provisions for Development:
Maharast and Maratwada and rest of Karnatak
371J Development Board for Hyderabad
371 ra & Maharastra, separate development a th
Region (98 CAA)
Gujarat boards for Vidarbha, Maratwada and
rest of the Maharastra Special Status of Jammu & Kashmir
Separate Developmental Boards for Article 370- repealed.
371 Gujarat
Sourastra, Kautch and other rest of

PARLIAMENT  Representation of UTs: Parliament by law provides

Union Territories are represented (Union Territories
 Parts- LS, RS, President
direct elections to the house of people act, 1965)
Rajyasabha:
 Max strength 552 = 530 from states, 20 from UTs and
 Upper house, council of states
2 nominated by the president from the Anglo-Indian
 Permanent House.
community.
 Total 245 members--229 members from states, 4
 Presently-545 members
members from UTs and 12 members nominated by
 Term is five years
the president from literature, Arts, Science and Socila
 President is authorised to dissolve the Lok Sabha at
service.
any time.
 Eligibility : 30 years, citizen of India, No office of profit
 Speaker is the head of the Lok Sabha.
 Elections System: Proportional representation by
 Age of the Voter – 18 Years (21 to 18 by 61stCAA)
single transferable vote
 Qualification to contest – He shall be register voter in
 Allocation of seats to the states is based on the
any constituency in loksabha in India. Age 25 years,
population.
citizen of India. SC, ST Reservation exists. Any person
 Representation of states: Elected by MLA’s of the
belong to SC, ST from any part of India from reserved
states.
constituency in any state.
 Representation of UT -Electrol College specifically
 Territorial constituencies – Delimitation commission,
constituted for this purpose on two union territories
Inter State and Intra state parity is maintained based
Delhi, Puducherry have representation.
on population.
 Fourth Schedule - allocation of seats in the RS to the
 Allocation to states and boundaries of constituencies
states and UTs
are re-adjusted after every census. (42ndCAA) freezed
 One-third of its members retire every second year
it upto 2000, 84th amendment freezed it upto 2026)
 Eligible for re-election
 87th CAA allowed for delimitation of constituencies on
 Tenure of the MP (6 years) can be changed by
the basis of 2001 census.
(Representation of the People Act, 1951) the
Parliament. Special Powers of LokSabha:
 Presiding officer of the RajyaSabha is known as the  Money bill can be introduced in LokSabha.
Chairman(Vice president)  No confidence, censure, adjournment and cut motion
can be passed only in LokSabha.
Special Powers of RajyaSabha:  Joint Sitting is chaired by speaker of LokSabha
 Signifies the federal structure  Speaker of LokSabha decides on money bill
 Can authorise Parliament to make a law on state list  Discontinuance of national emergency can be done
(Article 249). only by Loksabha
 Create new All-India Services (Article 312
 Article 67 – A resolution for the removal Vice Leader of the House (In USA Majority Leader) – PM (if he
President of India can be introduced only in is a member of the LokSabha, if not any minister
Rajyasabha and shall be agreed by Loksabha nominated by PM) –
 Can approve emergency if Loksabha is dissolved.  Not mentioned in constitution.
 Checks defective legislation made by LokSabha  Prime Minister is leader of the house from the house
he comes from. He nominates the leader of the house
Lok Sabha:
for other house.
 House of people lower house
 Not mentioned in the constitutions (Rules of the
 Representation of states: Directly elected first pass
House)
the post system.
www.laex.in Legislature www.laex.in/testprep

‘Leader of the Opposition: LokSabha Deputy Speaker:

Loksabha + Rajyasabha (The leader of the largest  Elected from amongst from the members election
Opposition party having not less than one-tenth seats of date is fixed by speaker (not president), incase of
the total strength of the House is recognised as the leader speaker it is president (it means election of Deputy
of the Opposition in that House) Speaker is held after the election of speaker).
 Not mentioned in constitution.  Whenever appointed as member of a parliamentary
 He has given the Statutory status through the salary Committee, he automatically becomes its chairman
and allowance of the opposition and parliament act,  He is removed as like Speaker of Loksabha,
1977.  He votes like MP Loksabha when he is not presiding,
 He has to be recognized by the speaker in Loksabha, when he presides exercises casting vote.
Chairman in Rajyasabha as a Leader of Opposition  Deputy Speaker is not subordinate to speaker, he is
(LOP). directly responsible to house.
 Equivalent to rank of Cabinet Minister.  Salary and allowances are charged to consolidated
 Britain – Shadow cabinet (Leader of Opposition is fund of India (Speaker and Deputy Speaker)
called as alternative Prime Minister in UK). USA –  Submits resignation to Speaker
Minority leader. Panel of Chairpersons of Loksabha:
WHIP:  Maximum 10 members - nominated by the speaker
 Assistant floor leader from amongst the member (not president).
 Appointed by political party  Presides when Speaker and Deputy Speaker are not
 Not mentioned in Constitution nor in the Rules of the available, not subordinate to Speaker and Deputy
House nor in a Parliamentary Statute. Speaker responsible to the house.
 It is based on the conventions of the parliamentary  Panel of Chairpersons cannot presides when office of
government. Speaker and Deputy Speaker are not vacant. (They
presides only when they are absent)
Presiding Officers:
LokSabha Speaker Speaker pro tem: presides over first sitting of newly
 Elected by Loksabha from amongst its members (he elected Loksabh
shall be a member of Loksabha at the time of  Appointed by President of India.
election). Date of election is fixed by the president.  Usually, the senior most member is selected.
 Equivalent to Chief Justice of India (7th Position in  Oath by- President
order of Precedence (above cabinet ministers but  Has all the powers of the Speaker.
below Prime Minister and Deputy Prime Minister)  Mentioned in constitution
 Need not resign from his party (if he resigns not  Ceases is to exist after speaker is elected (temporary
disqualified under anti defection law). office)
Removal: He can be removed by the house by  His main duty is to administer oath to the new
effective majority at 14 days advance notice. members.
 He can participate and vote in the proceedings of his
Origin of Offices:
removal. (Normally he has casting vote in Loksabha,
 Speaker & Deputy Speaker came into existence as per
here he votes in first instance). If he resigns, the
the provisions of the Govt. Of India Act. 1919. Fredrick
resignation is submitted to Deputy Speaker. Even
white and Sachidananda Sinha were first Speaker and
after Loksabha dissolution he/she is continuous in
Deputy Speaker of Central Legislative Assembly.
office till new Loksabha meets.
Vittalbhai Patel first elected India speaker of central
 Atleast 50 members has to supported to admit the
legislative assembly. Initially they are called as
motion of removal. President and Deputy President of the house after

Govt. Of India Act, 1935 speaker and deputy speaker Prorogation-It not only terminates a sitting but also a

coming to existence. session of the House—Done by President, if lapses all
 G.B. Mavalankar and Anantha SayanamIyyengar were pending notices not bills. (In UK bills also lapse)
First speaker and Deputy Speaker after independence.  Quorum--- minimum number of members required
Powers and functions of Speaker: to be present in the House before it can transact any
Derives powers from constitution, conventions, rules of business. It is one-tenth of the total number of
procedures of Loksabha. members in each House including the presiding
 Guardian of Powers, privileges of members, house officer.
and its committees. (No law exists in India defining  Lame-duck Session ---last session of the existing
powers and privileges of house members and LokSabha, after a new LokSabha has been elected.
committees)  Dissolution--Done by the President (after 5 years
 Maintains order and decorum in house can disqualify Loksabh automatically dissolved. or after passage of
an MP under defection law, presides joint sitting, no confidence motion) (Rajyasabha is never dissolved)
enjoy casting vote. He shall conduct special session of  Dissolution of LS and lapse of the bills
Loksabha to revoke emergency. 1. All pending bills originated in loksabha, present in
 Certifies a bill as a money bill, his decision is final. loksabha, lapses (certain bills that are to be
 Can allow the secret sitting of the house (Only Leader examined committee on government assurances
of the house can request) do not lapse).
 Chairman of Business Advisory committee, Rules 2. A bill originated and pending in Rajyasabha or a
committee and General purpose committee. bill passed by both houses and pending with
 Decides on disqualification of members of Loksabh on President do not lapse.
grounds of defection 3. A bill sent for reconsideration by president do not
 Presides over joint sitting. lapse.
Presiding Officers of RajyaSabha: Devices of Parliamentary proceedings:

 Chairman – Vice President  Question Hour - First hour of every parliamentary
 Deputy Chairman – Elected from its members sitting , questions are of three kinds, namely:
 Panel of Vice Chairpersons – Nominated by Chairman, 1. Starred - Oral answer, supplementary questions
there is no pro tem Chairman. 2. Unstarred - Written answer, written answers, no
supplementary questions
 Other Points same as Speaker and Deputy Speaker
3. Short Notice- Notice of less than ten days -
Sessions of Parliament answered orally.
 Normally 3 sessions (Budget, Monsoon, Winter)  Questions to private members are also exists on the
 House between sessions is set to be in recess. bills they introduced.
 The maximum gap between two sessions shall not be  Zero Hour: Informal device, not mentioned in the
more than 6 months. Rules of Procedure, starts immediately after the
 Summoning—president summons RS and LS to meet question hour and lasts until the agenda for the day,
(should meet at least twice a year) Indian innovation, no prior notice is required to raise
 Adjournment- suspends the work in a sitting for a issues.
specified time, which may be hours, days or weeks— Motions:
Done by presiding officer.  No discussion on a matter of general public.
 Adjournment sine die-terminating a sitting of Importance can take place except on a motion made
Parliament for an indefinite period done by presiding with the consent of the presiding officer.
officer. Nature of Motions:
 Substantive Motion - Self contained motion.

 Substitute Motion-It’sIt’s substitute to change the the government. It is raised when proceedings of the
existing motion. house don’t follow the normal rules and procedure.
 Subsidiary Motion: To add on to the existing motion.  Short duration discussions
ssions – no voting takes place.
Types of Motion: No formal motion exists in the house.
 Closure Motion- To cut short the debate (simple Bills in the House:
closure, closure by compartmental, kangaroo closure, Character Public Bills Private Bills
guillotine closures) Introduction By Minister Other than Minister
Notice Period 7 days 30 days
 Privilege Motion - Moved by a member when he feels Concern Department
Assistance No Assistance
that a minister has committed a breach of privilege of Assistance
Discussion in
the House / members. Any distorted facts presented Any Day Alternate Fridays
the house
to the house. Absolute Veto Do not exists for president Exists
 Calling Attention Motion - To a matter of urgent Ordinary bill:

public importance and to seek authoritative  Introduced in either House of Parliament
Parliament-- by a
statement from the minister. Indian innovation minister or by any other member
mentioned in rules of procedures.  Go through three readings 1. Bill Published in tthe
 Adjournment Motion - Matter of urgent public official gazette 2. General Discussions, given for select
importance, interrupts the normal business of the committee (discretion of the government),
House, it is regarded as an extraordinary device - Amendment are passed, 3. Final Acceptance &
needs support of 50 members allowed only in Rejectence of the bill through voting.
Loksabha – shall be raised on a definite, factual,  Dead Lock: Joint sitting provision available in case of
urgent, specific matter of recent occurrence. It shall deadlock
not deal with privileges matters in court or review of  After president assent bill become act act—RS and LS
completed discussion of the same session. equal powers with regard to an ordinary bill.
 No-Confidence Motion - Against entire council of
ministers. no reason is necessary can be introduced
by any member article le 75(3), collective responsibility
is enforced through this. If it is passed government
shall resign – allowed only in Loksabha.
 Censure Motion - Against individual or group of
ministers – reasons need to be stated - council of
ministers need not resign – passing of this motion can
invite no confidence motion.
 Motion of Thanks - To thank president of India for his  Joint Sitting (Article 108): Presided by Speaker,
address to the parliament (The first session after Deputy Speaker, Deputy Chairman of Rajya Sabha in
each general election and the first session of every order, passed by simple majority of joint sitting.
fiscal year is addressed by the President)
dent) - Policies and  Loksabhaa can dominate due to its numbers.
programs and performance of the government are  Governed by rules and proceedings of Loksabha
presented to the house by the president. If this Money bills: Article 110
motion is not passed it leads to defeat of the  The imposition, abolition, remission, alteration or
government. regulation of any tax.
 Point of Order – It is interpretation or enforcement of  Borrowing of money by the union government
the rules of the house – a device to discipline in  Custody of the consolidated fund or contingency fund
orderly to the house, No debate is allowed--
allowed usually of India.
raised by an opposition member in order to control  Declaration of an expenditure charged on the
consolidated fund of India.

 Taxes – Imposition, abolition, regulation of any tax Grant or Budget Why?

 Receipt of money on account of consolidated fund of Supplementary When amount granted for a particular
grant services is found to be insufficient.
India or the public accounts of India, custody
cus or issue
Additional expenditure upon new
of such money Additional grant
service
When money has been spent in excess
Excess grant
of the amount granted.
To make appropriation from one service
Token Grant
to other
Vote on Credit To meet an unexpected demand
Vote on account Budget for less than an year
Appropriation Bill:
Matters that are not money bill: Fines &penalties, taxes  The budget consists of two types of expenditure
 The expenditure ‘charged’ upon the Consolidated Fund of
of local government, service fees.
India (NON VOTABLE) and The expenditure ‘made’ from the
 Speakers decisions is final on money bill and cannot be Consolidated Fund of India.(VOTED)
questioned at any court of law.  Finance Bill:: It consists of revenues (taxes of the
 President cannot send money bills for reconsideration. government)
 Introduced only in Loksabha.  Acworth committee recommended for separation of
 Prior permission of president is required. railway budget in 1921. (Now the they are clubbed together,
 Rajyasabha have limited role (should return in 14 days, introduced on the first day of February)
Loksabha may or may not accept recommendations of  President is responsible to lay the budget before the
Rajyasabha) parliament, no money can be withdrawn from
consolidated fund of India without appropriation law.
Financial bills: (Article 117):  No tax can be laid without finance law. Parliament cannot
 117(1) A bill thatat contains matters of Articles 110 and raise the demand for grants or taxes imposed it can
other matters of general legislation, can be introduced decrease it. Demands for grants are voted only in
in Loksabha with prior recommendation of President, in Loksabha, cut motions can be introduced only in Loksabha.
remaining aspects it is just like ordinary bill.  Charged expenditure can be discussed but cannot be
 Article 117(2) Contains provision involving expenditure voted.
from consolidation fund of India, doesn’t include any  Charged expenditure on consolidated fund of India. (See
matters mentiond under article 110. It is similar to the Annexure-I).
money bill, except that it can’t be passed unless Funds:
President has recommended. Name of
Article Purpose Custody
Annual Financial Statement (BUDGET) - Article 112 of the fund
Revenues (Tax & Non
the Constitution
Consolida Tax)
266 Parliament
ted fund Treasury Bills, ways and
means advances
All other public money
received by govt (other
Public
than that goes to
Accounts 266 Executive
consolidated fund) Ex:
of India
PF, Post Office Savings
etc,
President
(finance
To meet emergency secretary
Contingen expenditure fund size is handles it)
267
cy Fund determined by the post
parliament. expenditure
parliament
approves it.

Parliamentary Privileges: (Article 105) Vacation of Seats:

 They are special rights, immunities and exceptions Representation of Peoples Act:
enjoyed by both houses, committees and members.  Member elected for both houses of Union parliament
 Secure independence, autonomy and dignity of shall intimate one of house within 10 days. If not seat in
houses. Rajyasabha becomes vacant.
 They are not codified, enforced by presiding officer.  If a person elected as the MP and MLA his seat in
parliament becomes vacant, if no decision made within
 These are available to Attorney General, Union
14 days.
Ministers extend to Parliament Committees too.
 It talks about only two privileges (1. Freedom of Various types of bills- See Annexure – III:
Charged expenditure on consolidated fund of India:
Speech, 2. Right to Publish) and other privileges are
1. Emoulments, Allowances and office expenditure of
stated those are British house of commerce.
President of India.
 Does not extend to President.
2. Chairman, Deputy Chairman of Rajya Sabha. Speaker,
Collective Privileges: Deputy Speaker of LokSabha salaries and allowances.
 To publish that reports and debates and prohibiting 3. Judges - (Supreme Court Judges salaries, allowances and
others from publishing. pensions)
 It can regulate its proceedings, procedure, conduct of 4. High Court Judges (Only Pensions – Salaries are charged
business to consolidated fund of the state)
 It can punish people to breach of privileges 5. CAG, UPSC Chairman salaries, allowances and pensions.
 No legal process can be served without the 6. Administrative expenditure of Supreme Court, UPSC,
permission presiding officer CAG
 Right to receive immediate information of arrest/ 7. Debt charges of the government.
detention of its member 8. Any expenditure declared as charged by the parliament.
 Courts are prohibited to inquire. Not Charged Expenditure:
Individual Privileges: 1. Election Commission
 Cannot be arrested during the session and 40 days 2. High Court expenditure and salaries of judges charged to
before and after the session (only in civil cases) consolidated fund of state
 Exempted from jury service. STATE LEGISLATURE
 Freedom of speech, no member is liable to any Composition: Governor, Assembly, Council (in some
court. states)
Parliamentary Committees: Annexure - I Legislative Assembly:
Departmental standing committees: Annexure - I  Maximum strength – 500, Minimum – 60, [(Arunachal
Parliamentary Forums: Pradesh, Sikkim, Goa Minimum Number is 30 ,
 Provide a platform to the members to have interactions Mizoram – 40, Nagaland – 46)
with the ministers concerned, experts and key officials  1 member can be nominated by Governor from Anglo
from the nodal ministries Indian Community
 The Speaker of LokSabha is the ex-officio President of all  Directly elected, universal adult franchise
the Forums except the Parliamentary Forum on
 Territorial constituencies, Readjusted after every
Population and Public Health wherein the Chairman of
census
RajyaSabha is the ex-officio President and the Speaker is
 Seats are reserved for SC’s and ST’s in proportionate
the ex-officio Co-President.
to their population
 Each forum consist of 31 members (not more than 21
are from LS and not more than 10 are from RS) Legislative Council:
 Members are nominated by speaker  Minimum 40, Maximum 1/3 of the size of Legislative
 Term- co-terminates with membership. Assembly
Disqualification of MPs - See Annexure –II

 5/6 are elected, 1/6 are nominated by the Governor

from the fields of Art, Literature, Cooperative
movement, Science and Social Services.
vices.
rd
 Elected Members- 1/3 by Local bodies, 1/12 teacher
constituencies, 1/12 graduate constituencies, 1/3rd
MLAs (Both Elected & Nominated)
 Selected through Proportional representation by
means if single transferable vote.
 Legislative Council can be created
eated or abolished by
parliament with recommendations of Legislative
Assembly.
 Parliament has to pass the bill with simple majority.
 Legislative assembly has to recommend for the same Money Bill:
with special majority (Article 168) through an  Same as Parliament
Ordinary Bill in Loksabha Status of Legislative Council:
Chairman of Council:  Powers equal with Assembly 1) Ordinary Bill can be
 Elected by members of Legislative Council (there is no introduced 2) Approval of ordinances 3) Ministers can
deputy Chairman at state level) come from either of the house
 Consideration of the reports of constitutional bodies
Ordinary Bill:
CAG, Finance Commission, State Public Service
 State Legislative Council do not have powers
Commission etc.,
equivalent to Rajyasabha
 Enlargement of Jurisdiction of State Public Service
 Legislative Council can maximum delay an ordinary
Commission.
bill for 4 months.
 Privileges same as Union Parliament
 Governor can reserve the bills for the consideration of
 Disqualification of MLAs same as Union Parliament
the president of India (Article 200).
 When a bill reserved for President and President can Note: There is no joint sitting in case of dead lock.
send it for reconsideration it has to reconsidered Constitutional
onstitutional amendment cannot be introduced in state
within 6 months, it is not binding on the president
presi legislature.
after reconsideration.
 The bill that damages the position of high court shall Speaker of assembly – same as speaker of LS
always be reserved by governor. Sessions of state legislature – same as Parliament.
 Governor also reserves a bill 1) Ultra Wires provisions
of the constitution 2) Opposite to the DPSP 3)Larger
interest of the Country 4)Grave national importance
5)Delink with compulsory acquisition of the property
under Article 31(A) of the constitution.

ANNEXURE – I: PARLIAMENTARY COMMITTEES

Departmental Standing
Public Accounts Committee on Public
Criteria Estimates Committee Committees (Total 24-
Committee Sector Undertakings
LS-16, RS-8)
Under Govt. of India Act,
1950 on recommendations 1919. Krishna Menon Rules committees of
Origin
of John Mathay. Set up first in 1921. committee 1964 Loksabha 1993
22 (15 from Loksabha 7

from RajyaSabha). Elected 31 members
30 members all from
for one year through Same as PAC (21 from Loksabha
Loksabha. Elected for one
proportional Chairman is always from 10 from Rajyasabha)
Composition year by proportional
representation by single Loksabh Nominated by
representation through
transferable vote. Term – 1 year, respective presiding
single transferable vote.
Chairman is normally from officers.
Opposition(by convention)
To examine bills,
To examine reports and demands of grants and
accounts of public other matters
To Examine the budget To examine CAG Audit
sector undertakings. It recommended to them.
Function suggests economies of report and discover the
does not involve with Ensure financial
public expenditure. irregularities.
day to day affairs of accountability of
PSUs. executives of the
parliament.
Available, CAG is the friend,
Supportive
No philosopher guide for the No No
Officer
PAC.
Yes, it can suggest
Involvement
alternative policy to bring No No No
in Policy
economy of expenditure.
ANNEXURE – III: COMPARISON OF VARIOUS BILLS

Ordinary Constitution
Objective Money Bill Finance Bill I Finance Bill II
Bill Amendment Bill
Introduced house LS/RS LS Only LS Only LS /RS LS+RS

Minister/ Private
Introduced by Only by Minister Public Public/Private Public/Private
member
Prior permission No Yes Yes No No
Majority simple simple simple simple special
Duration 6 months 14 days 6months 6months -
Joint Sitting Yes No Yes Yes No
Status LS=RS LS>>RS LS=RS LS=RS LS=RS

Accept, Reject, Accept, Reject Accept, Reject, Accept, Reject,
President can Must give assent
Return Not return Return Return
Recommendation of
Not Required Required Required No Not required
President

ANNEXURE–II Disqualification of MP’s

Source Grounds Authority
President of India in
Constitution of India Office of Profit, unsound mind (to be declared by the court) consultation with
(Art 102) Undischarged insolvent, acquires foreign Citizenship` Election commission of
India.
Representation of
Corruption/Electoral Offenses/ Social crimes such as consultation with
Peoples act (RPA),
Untouchabilityetc/ Conviction for more than 2 years Election Commission of
1951
India.
Member of Registered Political Party: resigns / Joins in any

other political Party, violates the WHIP that is not cordoned by
the party within 15 days.
Defection (52nd AA –
Nominated Member: if he joins any Political party after 6
10th Schedule Presiding Officer
months.
Anti defection law
Independent Members: if he joins in any political party (6
months not applicable). Exceptions: Speaker, Merger (2/3 of the
Members goes out of the party and Joins other Party.
Absence for 60 days without permission can be disqualified
Absence from the Consultation with
(prorogued or is adjourned for 4 consecutive days shall not be
house Election commission of
taken into account).
India.

SUPREME COURT He should be a distinguished jurist in the opinion

 Articles 124 to 147 in Part V of the president. (No minimum age, tenure is
 It succeeded the Federal Court of India, (established prescribed)
under the Government of India Act of 1935).  He holds office until he attains the age of 65 years.
 Seat of Supreme Court, New Delhi.  Question on Age determined by parliament.
 Regional Benches can be established by CJI with the Removal:
approval of President.
 Integrated judiciary: single system of court enforces
both central and state laws.
 Supreme Court can decide it’s own procedure with
approval of President.
Appointment of Judges:
 CJI is appointed by President of India.
 The other judges are appointed by president after
consultation with the chief justice and such other
judges of the Supreme Court and the HighH Court as he
deems necessary.
 Total judges including CJI is 33.
 Post invalidation
idation of NJAC, collegium system is Adhoc Judge:
followed for appointment of judges. To meet the quorum of the judges,
 Appointed by Chief Justice of India
 Judge of High Court qualified to be a Supreme Court
Judge can be appointed as a Adhoc Judge.
Retired Judges:
 To meet increased work load appointed by CJI after
consent of President of India in consultation with
president of India.
Jurisdiction of Supreme Court
Qualifications:
 One chief justice and thirty two other judges
(parliament can determine the strength)
1. He should be a citizen of India. 1. Original Jurisdiction- broadly include any disputes
2. (a) He should have been a judge of a High Court between:
(or high courts in succession) for five years; or (b)  The centre and on or more states
He should have been an advocate of a High Court  Between two or more states.
(or High Courts in succession) for ten years; or (c)
www.laex.in Judiciary www.laex.in/testprep

 Centre and any state on one side and one are more 6. Parliament cannot curtail jurisdiction of Supreme
on the other side. Court but can extend it.
Exception to Original Jurisdiction: 7. Security of tenure for judges.
 Pre constitutional treaty
reaty agreement etc., High Court:
 Inter State River water disputes  Articles 214 to 231 in Part VI
 Finance Commission Matters  The institution of high court originated in India in
 Commercial Disputes 1862 when the high gh courts were set up at Calcutta,
 Recovery of Damages by a State against the Centre. Bombay and Madras.
2. Writ Jurisdiction: (See FRs Chapter )  Judiciary in a state consists of High Court and
Subordinate Courts.
3 . Special Leave Petition:
 Single High Court can exists for two or more states.
 Discretion of the Supreme Court, it is on any matter
 Parliament can extend or exclude the jurisdiction of
and it can be given to any court/tribunal except
High Court to a union territory.
ory.
military and court martial.
 Independence of High Court same as Supreme Court.
 Discretionary power to be used exceptional case. can
 The strength of the High Court determined by the
be issued for final interlocutory/final.
President. (Supreme Court by Parliament).
 May be related to any matter- constitutional, civil,
criminal, income tax etc, Appointment of Judges:
 Chief Justice of High Court is appointed by president
4. Appellate Jurisdiction:
1. Civil Matters: Any
ny substantial question of law, any after consultation with CJI and Governor.
question to be decided by the Supreme Court.
2. Criminal Matters: Death Punishment, Life
Imprisonment given by high court by reversing the
judgement of lower court. High Court certifies a case
of fit for Supreme Court hearing.
3. Constitution Matters: appeal can be made to SC
against the judgement of HC
5. Court of Record:
 Supreme Court Judgement proceedings or can be
used as a evidences in lower courts.
 Contempt Powers includes,
1. Civil Contempt:: for wilful disobedience of any
judgement or order.
2. Criminal Contempt:: For scandalizing court interfering
Qualifications:
with the administrative justice, judicial proceedings.
1. He should be a citizen of India.
Independence of Supreme Court: 2. Judicial Office should have held judicial office in India
1. Appointment by Collegium. for 10 years or an advocate in the high court for 10
2. Expenditure of Court and Judges is charged from years.
consolidated fund of India.  No minimum age, maximum tenure, he retires at 62,
3. Judges and their conduct cannot be discussed except any question of age can be settled by the President
during the removal. (In Supreme Court it is Parliament)
4. Supreme Court
ourt judges are barred from practice after  He can practice after retirement in Supreme Court
the retirement (High court Judges can practice) and other High Courts.
5. Supreme Court can appoints it’s own staff .

Removal of Judges:  High Court Supervises and controls sub ordinate

 Same as Supreme Court codes. (do not exists for Supreme Court)
Salaries and Allowances:  Any matter adjudged by tribunal can be appealed to
 Salaries are charged on consolidated fund of state, High Court. (No direct appeal to Supreme Court)
pensions are charged on consolidated fund of India. 5. Control over Subordinate Courts
ourts
 Salaries and allowances are determined from time to  High court deals with matter of promotion, transfer,
time by parliament. discipline of Judicial members of subordinate courts.
Additional Chief Justice: 6. A court of Record:
 Appointed by President to meet increased work load  Judgements are recorded for perpetual memory.
(maximum for 2 years)  Power to punish for Contempt of court
Acting Judge:
 Appointed by the President due to absence of a
Judge.
 He holds office till permanent judge returns.
Retired Judges:
 Can be appointed by the Chief Justice of High Court
with previous consent of President and also person to
be appointed.
 They get salaries, allowances as determined by the
President.
 He is not deemed to be Judge of High Court.
Jurisdiction of the High Court:
1. Original jurisdiction: High Courts sitting outside the State Capitals:
 Disputes relating to admirality , will, marriage  Chattisgarh – Bilaspur
 Disputes relating to elections of members of  Gujarat – Ahmedabad
parliament and state legislatures  Assam and North East – Guwahati
 Enforcement of Fundamental rights  Jharkhand – Ranchi
2. Writ Jurisdiction:  Kerala – Ernakulam
 Writ Jurisdiction of High Court and Supreme Court are  Madhya Pradesh – Jabalpur
concurrent with each other.  Orissa – Cuttack
 Writ Jurisdiction of High Court (226) extends both to  Rajasthan – Jodhpur
Fundamental Rights and Legal Rights. (Wider than  Uttarkhand – Nainital
Supreme Court- SC can issue only for FR) HC Jurisdiction over Union Territories:
 Writ Jurisdiction of High Court and Supreme Court are  Dadar Nagar Haveli, Daman Diu – Bombay High Court
part of basic structure of the constitution.  Andaman & Nicobar Islands – Kolkata High Court
3. Appellate jurisdiction:  Puducherry – Madras High Court
 High Court is majorly a court of appeal.  Lakshadweep – Kerala High Court
 Any criminal matter punished greater than 7 years  Guwahati High Court has jurisdiction over Assam,
can be appealed in High Court. Nagaland, Mizoram and Arunachala Pradesh (MANA)
 Any death sentence given by district court shall be  Sikkim, Tripura, Meghalaya, Manipur have their own
confirmed by High Court. High Courts now.
4. Supervisory Jurisdiction:

Subordinate Courts:  Lok Adalat has power of Civil Court. It can deal with
both civil and criminal matter, but not non non-
compoundable matters.
 Permanent Lok Adalats, can deal upto 10 lakhs of
rupees it is established for cases related to public
utility services.
 Gram Nyayalayas, are first class judicial magistrate
courts, they deal with both civil and criminal matters,
they are not bound by Indian evidence act. It is a
mobile court, it has a power of Civil Court.
 Judicial activism-(Concept
(Concept of USA)
USA)-- proactive role
played by the judiciary in the protection of the rights
 Articles 233 to 237 in Part VI---- Appointment of
of citizens and in the promotion of justice in the
district judges in a state are made by the governor of
society.
the state in consultation with the high court.
 Public Interest Litigation (PIL)-- originated and
 Qualifications to be appointed as the District Judge.
developed in the USA-- In India, the PIL is a product of
o Advocate or Pleader for 7 years
the judicial activism role of the Supreme Court.
o Should be recommended by the collegium of High Hi
Court
o He should not be having any position under state or
union executive.
 District Judge is the administrative head of Judiciary in
a District.
 Appointment of persons (other than district judges) to
the judicial service of a state are made by the
governor
rnor of the state after consultation with the State
Public Service Commission and the high court
 Article 39A --provides
provides for free legal aid to the poor
and weaker sections of the society and ensures justice
for all
‘Lok Adalat’:
 People’s Court--- based on Gandhian principles---
principles It is
one of the components of ADR (Alternative Dispute
Resolution) system—statutory body.
 Can take up matters pending before courts which are
in pre-litigative stage.
 Judgement of Lokadalats is final and cannot be
appealed
 Court fee and other duties are exempted

READY RECKONER OF POLITY | 41 |
LOCAL GOVERNMENT Significance of 73rd Amendment Act of 1992

 The act has given a practical shape to Article 40
(DPSP)
 It transfers the representative democracy into
participatory democracy
 The provisions are grouped into 2 categories:
compulsory and voluntary
Gram Sabha
 Foundation of Panchayat Raj system
 Symbol of Direct Democracy
Evolution:  Village Assembly of all registered voters in the area of
 1957 – Balwanth Rai Mehta Committee to examine Panchayat
the working of Community Development Programme  Functions are determined by State Legislature
and National Extension Services.
3 Tier Panchayat Raj
 1977 – Ashok Mehta Committee – Committee on
 Panchayat at Village, intermediate and district levels
Panchayat Raj Institutions
 No intermediate panchayat in states with population
 1985 - G.V.K. Rao Committee – to examine
upto 20 lakhs.
programmes of Rural Development and Poverty
Alleviation Elections:
 1978 – Dantwala Committee – block level planning.  Direct elections to panchayat at all 3 levels
 1984 – Hanumantha Rao Committee – on District  Chairperson of panchayat at intermediate and district
Planning. levels shall be elected in indirectly – by and from
 1986 – L.M. Singhvi Committee – Revitalization of amongst the elected members.
Panchayat Raj Institutions for Democracy and  Chairperson at village level:: as provided by state
Development. Reservations
 1988- Thugon committee- District planning  Seats reserved
eserved for SC, ST at all 3 levels (based on
 1988 – V.N. Gadgil Committee – Committee on Policy population in panchayat area
area)
and Programmes.  State shall provide for reservation of chairperson at
 Rajasthan was 1st state to establish Panchayati Raj village or any other level
Comparison - See Annexure – I  1/3rd of total Seats are reserved for women
 73rd, 74th Amendment Act  1/3rd of chairperson office are reserved for women at
all levels.
 State may provide for reservations to OBCs.
Duration:
 Regular tenure is 5 years, if dissolved, elections shall
be held within 6 months. (W When remainder of period
is less than 6 month, not necessary to hold election
for new panchayat for such period)
period).
 Panchyat reconstituted after premature dissolution
does not enjoy full period of 5 years but remains in
office only for the remainder of the period.
www.laex.in Local Government www.laex.in/testprep

Age Qualification:  Organic link between central finance commission and state
 21 years -- for contesting finance commission (central finance commission can
recommend measures to augment the consolidated fund
 All questions of disqualifications shall be referred to of a state and supplement the resources of panchayat in
such authority as the state legislature determines. the state).
State Election Commission:  Governor shall place the recommendation along with
action taken report before state legislature
 Constitutional body under 243K (Not a multi member
 State finance commission shall recommend:
body like Election Commission). a. Distribution of net proceeds of tax, duties etc
 Governor appoints State Election Commissioner b. Grant in aid provided to panchayat from consolidated
 Condition of service and tenure is determined by fund of state.
c. Taxes, duties tolls that may be assigned to panchaya
panchayat
governor d. Devolution of power to prepare plans for economic
 Election Commissioner cannot be removed as like the development.
Judge of High Court. (No such protection exists as EC’s  Audit & Accounts: State Legislature may make provision for
of ECI) accounts and audit of Panchayat
Panchayat.
 Application to UTs:: President me direct with exceptions of
 Service conditions cannot be varied for disadvantage modifications
 Provisions proceedings related to conduct of elections  Election petition regarding
ng any dispute related to elections
are determined by State Legislature. will be presented to such authority as determined by state
 Certain areas are exempted
exempted: Nagaland, Mizoram,
Meghalaya and others, hilll areas of Manipur, Darjeeling
Darjeeling,
scheduled areas and tribal areas in the state.
Municipalities
Evolution
 1687 Madras- first Municipal Corporation.
 1726 -Municipal
Municipal Corporations of Bombay and
Calcutta.
 1870- Lord Mayos Resolution on Financial
decentralization.
 1882 -Lord Ripon (Father
ather of Local Self Government)
resolution Magna Carta of Local Self Government.
Powers, Functions and Finances determined by State  1907- Royal commission on Decentralization.
Legislature  1919- Government of India Act, Local Self
th
 29 matters listed in 11 Schedule (State may
m endow the Government became transferred subject.
responsibility on Panchayats).
 1924 -Cantonments Acts
 Preparation of plans and implementation of plans for
Economic development and Social justice (responsibility
(  Govt. of India Act 1935, Local Governments becomes
may be endowed on Panchayats) a provincial subject.
Finances:
Salient Features
State
tate legislature may authorise panchayat to levy taxes,
Types of Municipalities
assign duties, tolls and fees levies and collected by state
government.  Three types: Nagar Panchayat (Rural to Urban
 State may providerovide for making grant in aid from Transition Area),
rea), Municipal Council (Small Urban
consolidated fund of State. Area),
rea), Municipal Corporation (larger urban area).
State Finance Commission:
Composition
 Governor shall constitute after every 5 years.
 State legislature may provide for the composition of  All members shall be elected directly by the people of
commission, required qualification and manner of selection municipal area.

 Each Municipal area shall be divided into territorial  Act will not affect the functions and powers of
constituencies – Wards Darjeeling Gorkha Hill Council of WB
 State may provide for manner of election of District Planning Committee
chairperson  State to constitute at district level under Article
243ZD
Ward Committee
 To consolidate plans by panchayats and
 It may consist of one or more wards within territorial
municipalities in the district and to prepare a draft
area of municipality having population of 3 lakh or
development plan for whole district.
more
 4/5th members are elected by elected members of
 Composition and territorial area – by state
district panchayat and municipalities in districts and
Reservation 1/5th are nominated.
 Seats are reserved for SC, ST (based on population) &
 Representation of elected members in the committee
Women (1/3rd) in case of membership.
shall be in proportion to rural-Urban population.
 Manner of reservation for Chairpersons (SC/ST) – as
 State Legislature can determine mode of election
determined by state.
members etc.
 State may provide for reservation of OBCs Metropolitan Planning Committee
Duration of Municipalities
 Constituted under 243ZE: 2/3rd members shall be
 5 years of office elected by elected members of municipalities and
 Can be dissolved early but election has to be within 6 chairpersons of panchayats in metropolitan area
month of dissolution (If remainder of period is less from amongst themselves. (1/3 can be nominated).
than 6 month – then no need for election for such  Representation of elected members in the committee
term) shall be in proportion to rural-Urban population
 Municipality elected after dissolution will be in office Central Council of Local Government
only for time left and not for full 5 years  Constituted under Article 263 in 1954 by the
Age for contesting President.
 21 years of age  It deals with urban government only
 All questions of disqualifications shall be referred to  Only an advisory Body
such authority as the determined by state
 Members: Union Minister for Urban Development is
State Election Commission Chairman and Local Government Minister of States
 To conduct the election and matters connected are the members.
therein
Types of Urban Governments
 State may make relevant laws for elections
Municipal Corporation
Powers and Functions
 Created for administration of big cities (Delhi,
 12th Schedule has 18 functions that may be
Mumbai etc.)
transferred by State Legislature to Municipalities.
 Created by acts of State (In case of UT by Parliament).
Finances
 Administrative framework: It has 3 authorities --
 Same as Panchayats
Council headed by Mayor, standing committees,
Audit and Accounts
Municipal commissioner.
 Council: Deliberative and legislative wing of the
Application to UTs:
Municipal Corporation. Councillors are directly
elected by people but few are nominated.
Exempted States
 Does not apply to scheduled areas an tribal areas

 Mayor: He presides over the meetings of council  Established for municipal administration for ccivilian
(ornamental head) and has 1 year renewable term. population in cantonment area
 Standing committees: Constituted for separate fields.  Under administrative control of Defence Ministry.
They take final decision in their fields. (Facilitate
( the  Partly
artly elected and partly nominated body.
working of council)  Elected Members: hold office for 5 years
 Municipal Commissioner: Responsible for  Nominated Members: Continue as long as they hold
implementation of decisions taken by council and office in that station (ex-officio
officio)
standing committees (Chief executive Authority). He  Set up by GoI under cantonment act 2006.
is appointed by the state.  Under the ministry of defence
Municipalities:  Commanding officer of station is ex-officio President.
 For administration
dministration of towns and smaller cities  Executive officer is appointed by the president
 Created by acts of state legislature (by parliament in Township:
UTs).  Established by large public enterprises to provide
 Administrative Framework: Council headed by civic amenities to its staff who live in housing colonies
President, standing committees, CEO. built near the plant
 Council: Deliberative and legislative wing of the  Noo elected members (extension of bureaucratic
Municipal Corporation. Councillors are directly structure of enterprise)
elected by people but few are nominated. It is Port Trust:
headed by president/chairman  Established
stablished by act of Parliament for civil
 President/Chairman: He presides over meetings of administration in and around ports.
council. He plays significant role unlike Mayor and is  Both selected and nominated members.
pivot of the municipal administration. He enjoys  Purpose: 1) Manage and protect the ports 2) Provide
executive power. civic amenities.
 Standing committees: Constituted for separate fields. Special purpose agency
(Facilitate the working of council)  Set
et up by state for specific purposes ie., function
 CEO: Responsible for day-to--day general based organisation and not area-based.
administration of municipality. He is appointed by  Can be Statutory bodies or as departments (by law or
state. executive resolution respectively
respectively)
Notified Area Committee:  Function as autonomous
utonomous bod bodies. (Not subordinate to
 Created for administration of 2 types of areas: 1) fast municipal bodies)
developing towns 2) Town which does not yet fulfil all Union Territories
conditions for a municipality but considered
Evolution:
important by state
 Established by notification => called Notified area
committee. Entirely nominated body (by state)
 Hence, neither statutory nor elected body
Town Area Committee:
 It is set up for administration of small
mall town
 It is a semi municipal authority with limited functions
 Created by act of state
 May be wholly/partly
partly elected or nominated by state
Cantonment Board:

Reasons for creation of Union Territories  69th Constitutional Amendment Act of 1991 provided
 Delhi & Chandigarh: Political and Administrative special status to UT of Delhi
Reason  Legislative assembly can make laws on all subjects of
 Puducherry, Dadra & Nagar Haveli, Daman and Diu: Diu state and concurrent list ex
except public order, police
Cultural distinctiveness and land
 Andaman Nicobar, Lakshadweep
Lakshadweep: Strategic  Designation of administrator: Lieutenant Governor
importance.  CM & Council of Ministers are appointed by President
Administration of Union Territories: Criteria States Union Territories
 There is no uniformity in administrative system Relationship with
Federal Unitary
Centre
 Administered by President through an administrator Distribution of
Exists Do not exists
(agent of President and not head of state like Powers
governor) appointed by him. Uniformity in Politics
Exists in States Do not exists
& Administration
 President can specify designation of administrator:
Head of the Agent of the
Lt. Governor or Chief Commissioner or Administrator. Governor
State Center
 Governor of a state can be appointed as an Only under
Parliamentary laws Regularly all
administrator of UT. exceptional
on State List three lists.
circumstances
 Parliament can legislate on subjects of all the 3 lists
 Parliament can establish a High Court, Legislature, Scheduled Areas & Tribal Areas
Chief Minister and Council of Ministers for a UT. Schedule-5:
 UT of National Capital Territory of Delhi and  Schedule deals with administration and control of
Puducherry have legislative assembly, chief ministers scheduled areas and STs in any state except Assam,
and council of ministers. Meghalaya, Tripura and Mizoram
Mizoram.
 Delhi is only Union Territory that has High Court of its Features:
own.  Declaration of Scheduled Areas: President can 1)
 Provisions for administration of UTs are applicable to declare an area as scheduled area 2) increase or
acquired territories decrease its area 3) alter its boundary 4) rescind such
 Ministry of Home Affairs is nodal agency for all UTs. designation -- in consultation with Governor of State.
Special Provisions for Delhi  Executive power of the state & Centre: State:
extends to Scheduled areas. Governor has special
responsibilities: submit report to President. Union:
can give directions to states regarding administration.
 Tribal Advisory Council: Each state with scheduled
areas has to establish TAC with 20 members. MLAs
from Schedule Tribes (3/4th) and nominated members
(1/4th). TAC can be established in states wi
with STs but
not scheduled areas, if president directs.
 Laws applicable to scheduled areas: parliament or
state laws can be modified or not apply to Scheduled
areas – by governor
 Governor can make regulations on land, money
lending etc. in consultation with TAC.
 Any regulation by governor that can repeal or amend
Law of Parliament or State need ascent of President.

Schedule-6:
 It deals with the administration of tribal areas in
Assam, Meghalaya, Tripura and Mizoram Panchayats
XI th schedule contains 29 functions placed within the
Features:
purview of panchayats
 Tribal areas have been constituted as Autonomous Compulsory Provisions:
districts (AD) (not outside state executive  Organisation of Gram sabha
authority). Governor can organise or re-organise
re AD  Establishment of Panchayat aat all levels
 If there are different tribes within AD, governor can  Direct elections at all level
divide the district into several autonomous regions.  Indirect elections for chairperson at intermediate,
 Each AD: district council (30 members: 4 nominated
nom district level
by governor, 26 elected directly).. Elected members  Elections for chairperson at village level as
determined by state legislature
hold office for 5 years.
 Minimum age for contesting
contesting- 21 years
 Each autonomous region also has a separate
 Reservation for SCs, STs at all level
regional council (RC).  Reservation of 1/3rd seats for women at all level
 AD and RC: 1) administer areas under their  Fixed tenure off 5 years, holding election within 6
jurisdiction 2) make laws, collect land revenue, months in the event of super session
establish schools, etc. 3) constitute village councils  State election commission
or courts for trial of suits.  State finance commission
Voluntary Provisions:
 Giving representation to members of Parliament and
state legislature
 Reservation of seats for backward classes at any level.
 Making them autonomous
mous bodies

 Granting financial power ANNEXURE – I:

 Devolution of powers to prepare plans for economic Comparison of Committee on Policies and Matter
Gadgil
development Balwan Ashok
Criteria L.M. Singhvi Commi
th Rai Mehta
PESA act of 1996 ttee
 Part IX is not applicable to 5th schedule Structure 3 Tier 2 Tier 3 Tier 3 Tier
 Parliament may extend it with modification to under Zilla Parishad
Integrated
PESA Act of 1996 Administrative
Objective: Structures for
Pancha
 To provide self rule for tribal population Zilla planning and
Executiv yat
Parishad development
 To safeguard and preserve traditions and customs of e Body Commit
-District
tribal tee
Development
 To ensure participatory democracy at village level Officer should
 Evolve suitable administrative framework consistent be CEO of Zilla
Parishad
with traditional practices. Did not Recom
Features Constitut Recomme Recommende
recom mende
ionality nded d
 State legislation on Panchayats in Scheduled Areas mend d
shall be in consonance with customary Law, social and Nyaya
Recomme Recommende
Panchay Silent Silent
religious practices etc. nded d
ats
 Every village shall have a Gram Sabha. Planning
 Gram Sabha: 1) Approve plans, programmes and and District District District
District Level
Develop Level Level Level
projects of socio-economic development. 2)
ment
Identification of beneficiaries under poverty Developm
alleviation programme. ental
 Reservation for STs shall not be less than ½ of total functions
shall be
number of seats. Also, all seats of chairpersons at all
transferre
levels shall be reserved for STs. Should
d CEO of
be
 Recommendation of Gram Sabha or Panchayat shall Zilla
chairm
be mandatory for grant of mining lease for minor District Parishad.
an of - -
Collector District
minerals in scheduled areas. Zilla
Collector
Parisha
 State shall endeavour to follow pattern of 6th schedule regulator,
d
while designing administrative arrangements. revenue
functions
of state
governme
nt.

CONSTITUTIONAL BODIES
Attorney CAG Special
Election National Finance
general and (Guardian officer for
Criteria commission of UPSC SPSC commission commis
Advocate of public linguistic
India for SCs/STs sion
General purse) minorities
338 (65 CAA) 350 B
Article 324 76/165 148 315-323 315-323 280 TH
/338A ( 7 CAA)
CEC and other

Election
Chairman and Chairman and Chairman, Determi
commissioners Single
Composit other members. other members vice chairman ned by Single
President of India Single member member
ion Determined by Size is determined and 3 Parliame member
can also appoint body
President of India. by the governor. members. nt
regional
commissioner.
President of
President by
President of India. India by a
warrant Presiden
Appoint He also President warrant Governor of the President of
President of India under his t of
ment determines size of /governor under his state India
hand and India
the EC. hand and
seal.
seal.
Qualified to be
appointed as a Half of the Half of the
judge of the members should members should
No
Qualificat Supreme have experience have experience Parliame Constitution
Not prescribed qualifications
ions court./ High under the govt of under the govt of nt is Silent
prescribed.
court India or state govt India or state govt
(advocate for 10 years. for 10 years.
general)
65 years or 6 years UPSC: 65 or 6 Determined
Tenure At the pleasure Appoint
whichever is 65 or 6 years. (for both 62 or 6 years. by president
And of ed once Constitution
earlier, years. members and of India. ( it is
conditions president/gove in 5 is Silent
determined by Parliament chairman) Governor normally for 3
of service rnor. years
president. President years)
President of India.
Grounds for
CEC – As like
removal: adjudged
Judge of SC and No procedures.
as insolvent,
others by President for
infirmity of mind or Removal is by
president of India attorney and As judge of
body, engages in president of India. Tempor Constitution
Removal in consultation governor for Supreme President
employment ary body is Silent
with CEC. advocate court.
outside office. Same as UPSC.
Grounds: proved general make
Misbehavior:
misbehavior or decisions.
supreme court
incapacity.
enquiry is
necessary.
Not eligible for Not eligible for re
employment appointment or
outside UPSC. any other job
Not eligible
He is not Member can be under govt.
Post for any job No
debarred from appointed as a Constitution
retiremen No restrictions under union No limitations restricti
private legal chairman of UPSC SPSC member can is Silent
t jobs or state ons
practice. or SPSC. become chairman
government.
No reappointment of any other SPSC
for chairman of or UPSC chairman
UPSC. or member.
www.laex.in Constitutional Bodies www.laex.in/testprep

FUNCTIONS OF CONSTITUTIONAL BODIES Special officer for linguistic Minorities

1. HQ-Allahabad, regional offices- Belgaum (Karnataka),
UPSC/SPSC/JPSC
1. Watchdog of Merit system. Chennai (TN), Kolkata (WB)
2. It falls under ministry of minority Affairs.
2. UPSC is central recruiting agency and not personnel
3. Functions: 1) Safeguarding rights of linguistic
agency (under Department of Personnel and
minorities 2) Submits report to President.
Training)
CAG
3. Constitution does not specify the strength (chairman
1. CAG is an independent authority.
and members are appointed by president)
2. CAG is head of Indian audit & account department
4. Qualifications of members and chairman are not and Chief Guardian of Public purse.
prescribed in the constitution (conditions of service Functions and Power:
are determined by President) 3. CAG audits accounts related to all expenditure from
5. Chairman and members hold office for 6 years or Consolidated Fund of India, Consolidated Fund of
until 65 years. state.
6. Removal: President has to refer the matter to the 4. CAG audits all expenditure from Contingency Fund of
Supreme Court for an enquiry (Advice of SC is India and Public Account of India as well as
binding) Contingency Fund and Public Account of state.
7. Independence: Security of tenure, expenditure are 5. CAG advises President with regard to prescription of
charged, non-eligibility for further appointment or form in which accounts of Centre and States shall be
reappointment etc. kept.
8. Jurisdiction of UPSC can be extended by Parliament. 6. CAG submits his audit reports to President/governor,
who shall, in turn, place them before
9. Any non-acceptance of recommendations needs to
Parliament/state legislature.
be approved by cabinet committee on
7. CAG also acts as a guide, friend and philosopher of
appointments.
Public Accounts Committee of Parliament.
10. An individual ministry or department has no power 8. Can conduct any type of Audit.
to reject advice of UPSC. 9. Duties, powers, Service conditions are determined by
11. Chairman, members of Tribunals, jobs less than 1 parliament.
year duration can be kept outside purview of UPSC. 10. CAG is not a comptroller in India but only Auditor
12. UPSC recommendations are only advisory in nature. general
13. President can exclude certain posts of All India 11. CAG’s audit of PSU is based on statue that created
services and central services from purview of UPSC. the PSU. But auditors are appointed by the Govt on
Parliament can amend, approve or repeal this. advice of CAG.
14. UPSC submits annual report to President. 12. Propriety audit is discretionary
JPSC Attorney General of India:
1. Created by an act of parliament. ( statutory body) 1. He can participate in Legislature or its committees
2. Chairman and members hold office for 62 years/6 meetings.
years. 2. He can be a member of a legislative committee
3. Number of members or conditions of service are without right to vote.
3. He enjoys privileges and immunities available to MP.
determined by President.
4. He can plead before any court of India where
National Commission for SC/STs: interests of central government are involved.
1. They have the powers of a Civil Court. 5. Shouldn’t advice against the government.
2. They get necessary administrative support from 6. Shouldn’t defend a criminal case.
Ministry of social justice, tribal welfare respectively.
www.laex.in Functions of Constitutional Bodies www.laex.in/testprep

NON CONSTITUTIONAL BODIES

Criteria NITI AAYOG NHRC SHRC CIC SIC CVC
Statutory, Statutory,
Origin and protection of protection of
Executive order RTI act, 2005 RTI act, 2005. CVC act, 2003
status Human rights Human rights
act, 1993. act, 1993.
Chairperson(PM)
Vice chairman,
Members: full Multi member
time. Part time body. Chairman
Multimember
members (2), Ex and 4 members. Multi member
body
officio members Multimember Multi member body State chief
consisting of
(4), CEO 4 ex officio body. Chairman body – CIC and information
Composition CVC and two
Governing council- members – and two 10 other commissioner
vigilance
CM’s of all states, National members. commissioners. and 10
commissioner
Delhi, Puducherry, commission for members.
s.
Lt women, SC, ST
Govt/Administrato and minorities.
rs of UTs
Regional council
President on
Appointed by
recommendatio Appointed by
Governor on the Three
ns of six President on
recommendatio member
member Governor on the recommendatio
ns of a committee
committee recommendatio ns of a
committee consisting of
headed by PM. ns of a committee
Appointmen headed by CM PM, union
PM (speaker of LS, committee consisting of PM,
t and consisting of Home
Dy chairman of headed by CM. Leader of
leader of minister and
RS, leader of ( same like opposition,
opposition, Leader of
opposition in LS, NHRC) minister
minister Opposition in
RS and central nominated by
nominated by LS.
home minister. PM.
CM.
Persons of
They shall be
eminence in
persons of
various fields.
eminence.
Shall not
They should not
MP/MLA of any
be MLA/MP.
Qualification Determined by state.
They shall not Not stated.
s Executive They shall not
have any office
have any office
of profit with
of profit with
any political
any political
party or business
party or business
or profession.
or profession.
65/4 years.
Salary of CVC
= chairman of
Tenure and
Determined by UPSC.
Service 70 years/ 5 years 70/5 years
Executive Vigilance
conditions
commissioner
s = members
of UPSC.
www.laex.in Non Constitutional Bodies www.laex.in/testprep

President of
India.
Insolvency,
infirmity of body
or mind, job
outside
commission,
Same as NHRC.
unsound mind,
Appointed by
convicted and
Determined by Governor but
Removal sentenced to As like NHRC.
Executive removed by
imprisonment
President of
for offence.
India.
Proved
misbehavior or
incapacity:
President shall
refer the matter
to SC for
enquiry.
Not eligible
Post for further
Not eligible for Not eligible for
retirement No restrictions Not eligible Not eligible employment
reappointment. reappointment.
employment under state or
union govt.
New Law Has Been Passed For CIC and SIC – Significant Changes Have Been Made In Composition.
NON CONSTITUTIONAL BODIES

Removal of NHRC, SHRC, CIC, CVC is by president.
Grounds for Removal:
a) Adjudged as insolvent
b) Convicted for an offence which involves a moral turpitude
c) Infirmity of mind or body.
d) Acquired any financial interest that can affect his official position.
e) Proved misbehavior or incapacity – In this case, president shall refer the matter for Supreme Court for enquiry.
f) A person is deemed to be guilty of misbehavior if he is concerned or interested in any contract of central
Government or participates in any way in that contract or agreement or gains profit from it.
Central Bureau of Investigation

1. It is not a statutory body. It was established by executive resolution of union home ministry. It derives its
powers from Delhi special police establishment act, 1946
2. Director of CBI is appointed by committee consisting of PM, leader of opposition in LS and Chief Justice of India.
3. Tenure of Director – 2 years.
4. GoI can appoint officers above rank of SP on recommendations of committee headed by CVC, Vigilance
commissioners, secretary of home and Personnel.
Director of prosecution is appointed on the recommendation of CVC. Tenure is 2 years. He is equivalent to rank
of joint secretary of GOI.
www.laex.in Non Constitutional Bodies www.laex.in/testprep

1. Co-operative Societies c. Article 323-A: 1) It empowers Parliament (only) to

 97thConstitutional Amendment Act of 2011 provide for establishment of administrative
 Constitutional provisions tribunals for adjudication of disputes relating to
 Part IX-B recruitment and conditions of services of Union,
 state legislature make provisions States and local bodies, PSUs etc. 2) It also
 number of directors decided- state legislature enables Parliament to take out disputes relating
 maintenance of accounts- state legislature to service matters from civil courts and HC. 3) CAT
and SATs are set up by parliament.
2. Official Language: d. Article 323 B: Parliament and state can establish
 Part XVII, Articles 343 to 351. Tribunals for adjudication of matters such as
 four heads of languages taxation, land reforms, election to parliament and
 Language of the Union state legislature etc.
 Official language- Hindi in Devanagari script e. Two or more states can have a single tribunal.
 Centre-State- English (temporary) f. Follow principle of natural justice.
 Regional languages
 state may adopt any one or more of the 323A 323B
languages Public service
Certain other matters
 Language of the judiciary and texts of laws matters
 All proceedings in the SC and HC, bills, acts, Created only by Created by Parliament and
ordinances, orders, rules---English (temporary) parliament state legislature
 Special directives to protect interest of linguistic No hierarchy of Hierarchy of tribunals may
minorities. tribunals be created
 Protection of Linguistic Minorities
 For Development of Hindi Language
3. Public Services:
a. Articles 308 to 314 in part XIV
b. Article 309 Parliament and state legislature-
Appointment
c. Article 310- Tenure of Office
d. Article 311- Safeguards to Civil Servants
e. Categories
(i) All-India services -Article 312-IAS, IPS, IFS
(ii) Central services
(iii) State services.
f. Article 312 – creation of All India Services
4. Tribunals:
a. Provision added through 42nd Constitutional
Amendment Act of 1976 – it added a new Part
XIV-A
b. Part consist of only 2 articles – Article 323-A and
323-B
www.laex.in Miscellaneous www.laex.in/testprep

HISTORICAL BACKGROUND
BACKGROUN
www.laex.in Historical Background www.laex.in/testprep

The Company Rule (1773–1858)

Pitt’s India Act of 1784
Regulating Act of 1773
 commercial and political Charter Act of 1853
 Governor of Bengal
functions separated Charter Act of 1833  separated legislative and
as the ‘Governor-
 commercial affairs- Court  Final step towards executive functions
General of Bengal’
of Directors centralisation in British India.  Open competition system
(1st Lord Warren
 Political affairs- Board of  Governor-General of Bengal for recruitment of civil
Hastings)
Control as the Governor-General of servants
 Supreme Court at
 system of double India  It extended the
Calcutta (1774)
government  Laws made under this act Company’s rule
 Private trade of
 Indian territories are were called as Acts.  For the first time
servants-prohibited
called ‘British possessions  East India Company no more introduced local
 Control of the British
in India’ commercial body, became representation in the
Govt on Company
 British Govt- supreme administrative body. Indian (Central) Legislative
by- Court of
control over Company’s Council.
Directors
affairs
Crown Rule (1858–1947)

Government of
India Act of 1919
(Montagu-
Government of
Indian Councils Indian Councils Act Chelmsford
GoI Act of India Act of 1935
Act of 1861 of 1909 Reforms)
1858  Establishment
 beginning (Morley-Minto  Introduced
 Act for of an All-India
of Reforms) ‘diarchy’ GoI 1947
the Good Federation.
representat  Increased the  First time  Ended the
Governm  Abolished
ive size of the introduced British rule
ent of Indian Councils diarchy in the
institutions legislative bicameralism in India
India Act of 1892 provinces and
 process of councils (from and direct  Partition of
 Governor-  Increased introduced
decentralis 16 to 60). elections India
General the number ‘provincial
ation  For the first  Viceroy’s  Abolished
of India of members autonomy’
 new time provided executive the office
became in the  adoption of
legislative association of Council- 3 to be of viceroy
Viceroy of Central and diarchy at the
councils in- Indians with Indian  Constituent
India. provincial Centre
Bengal, the executive  extended the Assemblies
 ended the legislative  It introduced
North- Councils of the principle of - adopt any
system of councils. bicameralism
Western Viceroy and communal constitutio
double  Power of  extended the
Frontier Governors. representation n
governme discussing principle of
Province  system of  new office of  freedom to
nt the budget communal
(NWFP) and communal the High the Indian
 new  nomination representation
Punjab representation Commissioner princely
office- of some  establishment
 Recognition  Separate for India in states
Secretary non-official of a Reserve
to the representation London  dropped
of State members Bank of India
‘portfolio’ of presidency  establishment the title of
for India  Establishment
system. corporations, of a public Emperor of
 15- of- Federal,
 Empowered chambers of service India
member Provincial and
the Viceroy commerce, commission
Council of Joint Public
to issue universities  separated,
India Service
ordinances and Zamindar. provincial
Commissions.
budgets from
the Central
budget
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READY RECKONER OF POLITY

D 4. Union and Its Territory, Citizenship ............................................................ 5

Y 5. Fundamental Rights, Directive Principles of State Policies.................... 6-13

6. Fundamental Duties, Amendments .......................................................... 14

7. Basic Structure .......................................................................................... 15

R 8. Federal System .......................................................................................... 16

9. Emergency Provisions .......................................................................... 17-19

C 11. Executive .............................................................................................. 23-27

12. Legislature ............................................................................................ 28-36

O 14. Local Government ................................................................................ 41-47

15. Constitutional Bodies ........................................................................... 48-49

E 17. Miscellaneous ........................................................................................... 52

18. Historical Background .......................................................................... 53-54

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SALIENT FEATURES OF THE CONSTITUTION judiciary, appointment of Governor by the centre,

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 Right to Freedom of Religion (Articles25–28). 12. Universal Adult Franchise

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PREAMBLE OF THE CONSTITUTION  Economic Justice: no discrimination on the basis of

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UNION AND ITS TERRITORY

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FUNDAMENTAL RIGHTS 7. They can be suspended during the operation of a

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Article 19-22 Right to freedom: 19 – 1 (f) amendment Act amendment Act

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Article 21  Parliament by law increase the period of preventive

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Features of DPSP: Constitutional instruction to state. To Secure :

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Directive Outside – Part – IV:

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FUNDAMENTAL DUTIES: Source-South Africa:

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CASES with respect to Basic Structure:

Basic Structure Comprises:

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FEDERAL SYSTEM 10. All India Services

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