Indian Polity: Preamble

1) The American Constitution was the first to begin with a Preamble. The term ‘Preamble’ refers to
the introduction or preface to the Constitution. It contains the summary or essence of the
Constitution.
2) N A Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity
card of the Constitution.’
3) The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved
by Pandit Nehru, and adopted by the Constituent Assembly.
4) It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new
words—socialist, secular and integrity.
5) The Preamble in its present form reads:
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN,
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

KEY WORDS IN THE PREAMBLE

1. Sovereign
The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation,but
an independent state. There is no authority above it, and it is free to conduct its own affairs (both
internal and external). Being a sovereign state, India can either acquire a foreign territory or cede a
part of its territory in favour of a foreign state.

2. Socialist
The Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known
as ‘state socialism’) which involves the nationalisation of all means of production and distribution and
the abolition of private property. Democratic socialism, on the other hand, holds faith in a ‘mixed
economy’ where both public and private sectors co-exist side by side.

3. Secular
The term ‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976. The Indian
Constitution embodies the positive concept of secularism i.e., all religions in our country (irrespective
of their strength) have the same status and support from the state.

4. Democratic
The Indian Constitution provides for representative parliamentary democracy under which the
executive is responsible to the legislature for all its policies and actions. Universal adult franchise,
periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain
grounds are the manifestations of the democratic character of the Indian polity.

5. Republic
The term ‘republic’ in our Preamble indicates that India has an elected head called the President. He is
elected indirectly for a fixed period of five years.
A republic also means two more things: one, vesting of political sovereignty in the people and not in a
single individual like a king;
second, the absence of any privileged class and hence all public offices being opened to every citizen
without any discrimination.

6. Justice
The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political,
secured through various provisions of Fundamental Rights and Directive Principles.

7. Liberty
The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same
time, providing opportunities for the development of individual personalities. The Preamble secures to
all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental
Rights, enforceable in court of law, in case of violation.

8. Equality
The term ‘equality’ means the absence of special privileges to any section of the society, and the
provision of adequate opportunities for all individuals without any discrimination. The Preamble
secures to all citizens of India equality of status and opportunity. This provision embraces three
dimensions of equality—civic, political and economic.

9. Fraternity
Fraternity means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the
system of single citizenship. Also, the Fundamental Duties (Article 51-A) say that it shall be the duty of
every citizen of India to promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic, regional or sectional diversities.

SIGNIFICANCE OF THE PREAMBLE

The Preamble embodies the basic philosophy and fundamental values—political, moral and religious-on
which the Constitution is based. It contains the grand and noble vision of the Constituent Assembly,
and reflects the dreams and aspirations of the founding fathers of the Constitution.

‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a
key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can
measure the worth of the Constitution’.

Indian Polity: Salient Features of the Constitution

The constitution of India has several salient features that distinguish it from the constitutions of other
countries.
It should be noted at the outset that a number of original features of the Constitution (as adopted in
1949) have undergone a substantial change, on account of several amendments, particularly 7th,
42nd,44th, 73rd & other amendments.
Also, the 42nd Amendment Act (1976) is known as ‘Mini-Constitution’ due to the important and large
number of changes made by it in various parts of the
Constitution.
SALIENT FEATURES OF THE CONSTITUTION

1. Lengthiest Written Constitution

Constitutions are classified into written, like the American Constitution, or unwritten, like the British
Constitution. The Constitution of India is the lengthiest of all the written constitutions of the world.
It is a very comprehensive, elaborate and detailed document.
Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and
8 Schedules. Presently, it consists of a Preamble, More than 450 Articles (divided into 22
Parts) and 12 Schedules.

2. Drawn From Various Sources

The Constitution of India has borrowed most of its provisions from the constitutions of various
other countries as well as from the Government of India Act of 1935. Dr B R
Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the
known Constitutions of the World’.
The structural part of the Constitution is, to a large extent, derived from the Government of India
Act of 1935. The philosophical part of the Constitution (the Fundamental Rights and the
Directive Principles of State Policy) derive their inspiration from the American and Irish
Constitutions respectively.
The other provisions of the Constitution have been drawn from the constitutions of Canada,
Australia, Germany, USSR (now Russia), France, South Africa, Japan, and so on

3. Blend of Rigidity and Flexibility

Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires
a special procedure for its amendment, as for example, the American Constitution. A
flexible constitution, on the other hand, is one that can be amended in the same manner as the
ordinary laws are made, as for example, the British Constitution.
The Constitution of India is neither rigid nor flexible but a synthesis of both. Article 368provides
for two types of amendments:
(a) Some provisions can be amended by a special majority of the Parliament.
(b) Some other provisions can be amended by a special majority of the Parliament and with
the ratification by half of the total states.
(c) Some provisions of the Constitution can be amended by a simple majority of the Parliament in the
manner of ordinary legislative process. Notably, these amendments do not come under Article 368.

4. Federal System with Unitary Bias

The Constitution of India establishes a federal system of government. It contains all the usual
features of a federation, viz., two government, division of powers, written Constitution, supremacy
of Constitution, rigidity of Constitution, independent judiciary and bicameralism.
However, the Indian Constitution also contains a large number of unitary or non-federal features,
viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated
judiciary, appointment of state governor by the Centre, all-India services, emergency provisions, and
so on.

5. Parliamentary Form of Government

The Constitution of India has opted for the British parliamentary System of Government rather
than American Presidential System of Government. The parliamentary system is based on the principle
of cooperation and co-ordination between the legislative and executive organs while the
presidential system is based on the doctrine of separation of powers between the two organs.

6. Integrated and Independent Judiciary

The Indian Constitution establishes a judicial system that is integrated as well as independent. The
Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are
high courts at the state level. Under a high court, there is a hierarchy of subordinate courts, that
is, district courts and other lower courts. This single system of courts enforces both the central laws
as well as the state laws, unlike in USA, where the federal laws are enforced by the federal
judiciary and the state laws are enforced by the state judiciary.

7. A Secular State
The Constitution of India stands for a secular state. Hence, it does not uphold any particular
religion as the official religion of the Indian State. These are some of the following provisions of the
Constitution reveal the secular character of the Indian State:
(a) The term ‘secular’ was added to the Preamble of the Indian Constitution by the
42nd Constitutional Amendment Act of 1976.
(b) The Preamble secures to all citizens of India liberty of belief, faith and worship.
(c) The State shall not deny to any person equality before the law or equal protection of the
laws (Article 14).
(d) The State shall not discriminate against any citizen on the ground of religion (Article 15).
(e) Equality of opportunity for all citizens in matters of public employment (Article 16).

8. Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok
Sabha and the state legislative assemblies. Every citizen who is not less than 18 years of age has a
right to vote without any discrimination of caste, race, religion, sex, literacy, wealth, and so on. The
voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of
1988.

9. Single Citizenship
Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it
provides for only a single citizenship, that is, the Indian citizenship.

10. Independent Bodies

The Indian Constitution also establishes certain independent bodies.Some of them are:
(a) Election Commission
(b) Comptroller and Auditor-General of India
(c) Union Public Service Commission
(d) State Public Service Commission

CITIZENSHIP
Like any other modern state, India has two kinds of people—citizens and aliens.

Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil
and political rights.
Aliens are the citizens of some other state and hence, do not enjoy all the civil and political
rights.
Friendly aliens are the subjects of those countries that have cordial relations with India.
Enemy aliens are the subjects of that country that is at war with India.They enjoy lesser
rights than the friendly aliens.

The Constitution confers the following rights and privileges on the citizens of India (and
denies the same to aliens):
1. Right against discrimination on grounds of religion, race, caste, sex or place of
birth (Article 15).
2. Right to equality of opportunity in the matter of public employment (Article 16).
3. Right to freedom of speech and expression, assembly, association, movement, residence
and profession (Article 19).
4. Cultural and educational rights (Articles 29 and 30).
5. Right to vote in elections to the Lok Sabha and state legislative assembly.
6. Right to contest for the membership of the Parliament and the state legislature.
7. Eligibility to hold certain public offices, that is, President of India, Vice-President of India,
judges of the Supreme Court and the high courts, governor of states, attorney general of
India and advocate general of states.
Along with the above rights, the citizens also owe certain duties towards the Indian State,
as for example, paying taxes, respecting the national flag and national anthem, etc.

CITIZENSHIP ACT, 1955

The Citizenship Act (1955) provides for acquisition and loss of citizenship after the
commencement of the Constitution. This Act has been amended so far four times by the
following Acts:
1. The Citizenship (Amendment) Act, 1986.
2. The Citizenship (Amendment) Act, 1992.
3. The Citizenship (Amendment) Act, 2003.
4. The Citizenship (Amendment) Act, 2005.
Originally, the Citizenship Act (1955) also provided for the Commonwealth Citizenship. But,
this provision was repealed by the Citizenship (Amendment) Act, 2003.

Acquisition of Citizenship
The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent,
registration, naturalisation and incorporation of territory:

1. By Birth:
(a) A person born in India on or after 26th January 1950 but before 1st July 1987 is a
citizen of India by birth irrespective of the nationality of his parents.
(b) A person born in India on or after 1st July 1987 is considered as a citizen of India only
if either of his parents is a citizen of India at the time of his birth.
(c) Further, those born in India on or after 3rd December 2004 are considered citizens of
India only if both of their parents are citizens of India or one of whose parents is a citizen of
India and the other is not an illegal migrant at the time of their birth.
(d) The children of foreign diplomats posted in India and enemy aliens cannot acquire
Indian citizenship by birth.

2. By Descent :
(a) A person born outside India on or after 26th January 1950 but before10th
December 1992 is a citizen of India by descent, if his father was a citizen of India at the
time of his birth.
(b) A person born outside India on or after 10th December 1992 is considered as a
citizen of India if either of his parents is a citizen of India at the time of his birth.
(c) From 3rd December 2004 onwards, a person born outside India shall not be a citizen
of India by descent, unless his birth is registered at an Indian consulate within one year of
the date of birth or with the permission of the Central Government, after the expiry of the
said period. An application, for registration of the birth of a minor child, to an Indian
consulate shall be accompanied by an undertaking in writing from the parents of such minor
child that he or she does not hold the passport of another country.

3. By Registration :The Central Government may, on an application, register as a citizen

of India any person (not being an illegal migrant) if he belongs to any of the following
categories, namely:-
(a) Resident in India for seven years before making an application for registration.
(b) Resident in any country or place outside undivided India.
(c) Married to a citizen of India and resident in India for seven years before making an
application for registration.
(d) Minor children of persons who are citizens of India;
(e) A person of full age and capacity whose parents are registered as citizens of India.
(f) A person of full age and capacity who, or either of his parents, was earlier citizen of
independent India, and has been residing in India for one yearimmediately before making
an application for registration.
(g) a person of full age and capacity who has been registered as an overseas citizen of
India for five years, and who has been residing in India for one year before making an
application for registration.
An applicant shall be deemed to be ordinarily resident in India if –
(i) he has resided in India throughout the period of twelve months immediately before
making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period of
twelve months for a period of not less than six years.
(iii) A person shall be deemed to be of Indian origin if he, or either of his parents, was born in
undivided India or in such other territory which became part of India after the15th August, 1947.

4. By Naturalisation: The Central Government may, on an application, grant a certificate

of naturalisation to any person (not being an illegal migrant) if he possesses the following
qualifications:
(a) that he is not a subject or citizen of any country where citizens of India are prevented
from becoming subjects or citizens of that country by naturalisation;
(b) that, if he is a citizen of any country, he undertakes to renounce the citizenship of
that country in the event of his application for Indian citizenship being accepted.
(c) that he has either resided in India or been in the service of a Government in India or
partly the one and partly the other, throughout the period oftwelve months immediately
preceding the date of the application.
(d) that during the fourteen years immediately preceding the said period of twelve
months, he has either resided in India or been in the service of a Government in India, or
partly the one and partly the other, for periods amounting in the aggregate to not less than
eleven years.
(e) that he is of good character.
(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to
the Constitution.
(g) that in the event of a certificate of naturalisation being granted to him, he intends to
reside in India, or to enter into or continue in, service under a Government in India or under
an international organisation of which India is a member or under a society, company or
body of persons established in India.

5. By Incorporation of Territory: If any foreign territory becomes a part of India, the

Government of India specifies the persons who among the people of the territory shall be
the citizens of India. Such persons become the citizens of India from the notified date. For
example, when Pondicherry became apart of India, the Government of India issued the
Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955.

Loss of Citizenship
The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act
or prior to it under the Constitution, viz, renunciation, termination and deprivation:

1. By Renunciation : Any citizen of India of full age and capacity can make a declaration
renouncing his Indian citizenship. Upon the registration of that declaration, that person
ceases to be a citizen of India. However, if such a declaration is made during a war in which
India is engaged, its registration shall be withheld by the Central Government.
Further, when a person renounces his Indian citizenship, every minor child of that person also
loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume
Indian citizenship.

2. By Termination : When an Indian citizen voluntarily (consciously, knowingly and without

duress, undue influence or compulsion) acquires the citizenship of another country, his Indian
citizenship automatically terminates. This provision, however, does not apply during a war in which
India is engaged.

3. By Deprivation : It is a compulsory termination of Indian citizenship by the Central

government, if:
(a) Obtained the citizenship by fraud.
(b) Shown disloyalty to the Constitution of India.
(c) Unlawfully traded or communicated with the enemy during a war.
(d) Five years after registration or naturalisation, been imprisoned in any country for two
years.
(e) Ordinarily resident out of India for seven years continuously.

SINGLE CITIZENSHIP
Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a
single citizenship, that is, the Indian citizenship.There is no separate state citizenship. The other
federal states like USA and Switzerland, adopted the system of double citizenship. This system creates
the problem of discrimination, that is, a state may discriminate in favour of its citizens in matters like
right to vote, right to hold public offices, right to practice professions and so on. This problem is
avoided in the system of single citizenship prevalent in India.In India both, citizen by birth as well as a
naturalised citizen are eligible for the office of President while in USA, only a citizen by birth and not a
naturalised citizen is eligible for the office of President.
In India, all citizens irrespective of the state in which they are born or reside
enjoy the same political and civil rights of citizenship all over the country and no
discrimination is made between them.

A Brief Notes On Parliament Of India

PARLIAMENT OF INDIA :
Parliament is the supreme legislative body of a country. Our Parliament comprises of the President and
the two Houses - Lok Sabha (House of the People) and Rajya Sabha(Council of States).The President
has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

PRESIDENT OF INDIA :

Qualification:
To be qualified for the position of the President of India, a person must be a citizen of India, completed 35
years of age, eligible to be a member of Lok Sabha, must not hold any office of profit under government
of India or any other authority.

ELECTION OF THE PRESIDENT (ARTICLES 54 & 55)

• Article 54 provides that President shall be elected by an electoral college consisting of:-
(a) Elected members of both Houses of Parliament
(b) Elected members of the Legislative Assemblies of the States
• Article 55 (3) states that the election of the President shall be held in accordance with the system
of proportional representation by means of single transferable vote. Voting is done through secret
ballot.
• To secure uniformity among States and Parity between the Union and States following formula is
adopted:-

• After calculating the value of vote of MLAs and MPs, acomplex system of calculating the quota
of individual candidates is used which is based on the order of preference of candidates.
• Article 71 provides that all disputes arising out of the election of President or Vice-President shall be
'inquired' into and 'decided' by the Supreme Court whose decision shall be final.
• Oath of affirmation of President's office is administered by the Chief Justice of India (Article 60) or by the
senior most judge of the Supreme Court.
• Impeachment is a quasi-Judicial procedure mentioned in Article 61. Impeachment charge against the
President may be initiated by either Houses of the Parliament.

THE POWERS OF PRESIDENT OF INDIA :

• President appoints PM, Ministers, Chief Justice & judge of Supreme Court & High Court, Chairman &
members of UPSC, Comptroller and Auditor General, Attorney General,Chief Election Commissioner and
other members of Election Commission of India, Governors, Members of Finance
Commission, Ambassadors, etc
• He can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha
• He appoints Finance Commission (after every 5 years) that recommends distribution of taxes between
Union & State governments

The President can promulgate 3 types of Emergencies:-

 National Emergency (Article 352),

 State Emergency (President's Rule)(Article 356),
 Financial Emergency (Article 360)
EMERGENCY POWERS :
Article 352 to 360 provides for Emergency Powers of the President.
Emergencies envisaged under the Constitution are of 3 types:
• National Emergency (Art 352) which arise out of war, external aggression or armed rebellion.
• President's Rule (Art 356 & 365) which is due to failure of Constitutional Machinery in the State.
• Financial Emergency (Art 360), If the President is satisfied that there is an economic situation in which
the financial stability or credit of India is threatened.
• He is the Supreme Commander of the Defence Forces of India
• President appoints Chief of Army, Navy and Air force
• He declares wars & concludes peace subject to the approval of the Parliament
• No money bill or demand for grant can be introduced or moved in Parliament unless it has been
recommended by the President
• He has the power to grant pardon, reprieve or remit of punishment or commute death sentences.

List of President of India

LOK SABHA :
Lok Sabha, as the name itself signifies, is the body of representatives of the people. It is the Lower House
of Parliament. Its members are directly elected, normally once in every five years by the adult
population who are eligible to vote. The minimum qualifying age for membership of the House is 25 years.
The present membership of Lok Sabha is 545. The number is divided among the different States and
Union Territories. Two Members are nominated by President of India from the Anglo-Indian community.

ELECTION OF LOK SABHA :

• Members of Lok Sabha are directly elected by the People.
• Total membership is fixed at 552 by the Constitution.
• Every citizen of India above 18 and is not disqualified on the grounds of non-residence, unsoundness
mind, crime or corrupt or illegal practices is entitled to vote (Art 326)
• Constitution 61st Amendment Act (1987) has reduced the Age of voting from 21 to 18 years
• Its term can be extended beyond 5 years by the Parliament.This can be done during the Proclamation of
Emergency(Under Art 352). But this extension can not be done for a period exceeding one year at a time
and such extension cannot continue beyond a period of 6 months after
Proclamation of Emergency ceases to operate.
• Delimitation of Constituencies is done after each Census by A designated authority and in a manner as
the Parliament by law determines. 1971 census data is being used now.
The number of seats has been freezed till 2026 to maintain the share of states where the rate of
population growth is declining.

RAJYA SABHA
Rajya Sabha is the Upper House of Parliament. It is a permanent body. It is not subject to dissolution but
one-third of its members retire every two years. Rajya Sabha was duly constituted for the first time on
April 3, 1952. It has not more than 250 members(245 members at present).Members of Rajya Sabha are
not elected by the people directly but indirectly by the Legislative Assemblies of the various States. Every
State is allotted a certain number of members and twelve of Rajya Sabha members are nominated by the
President from persons who have earned distinction in the fields of literature, art, science and social
service. No member of Rajya Sabha can be under 30 years of age.

FUNCTIONS OF LOK SABHA AND RAJYA SABHA:

The main function of both the Houses is to pass laws. Every Bill has to be passed by both the Houses
and assented to by the President before it becomes law. The subjects over which Parliament can legislate
are the subjects mentioned under the Union List in the Seventh Schedule to the Constitution of
India.Broadly speaking, Union subjects are those important subjects which for reasons of convenience,
efficiency and security are administered on all-India basis. The principal Union subjects are :
 Defence
 Foreign Affairs
 Railways
 Transport and Communications
 Currency and Coinage
 Banking
 Customs and Excise Duties

There are numerous other subjects on which both Parliament and State Legislatures can legislate.

SESSIONS OF THE PARLIAMENT :

•Parliament normally meets in three sessions in an year:-
 Budget Session - February - May
 Monsoon Session - July - August
 Winter Session - November - December
• Adjournments: During a session, there are daily sittings separated by adjournments. These postpone
the further consideration of business for a specified time which may extend for hours, days and even
weeks.

GATEWAY TO CGL MAINS: INDIAN POLITY NOTES

1. What is a Censure Motion?
Censure motion is moved against the Council of Ministers, a group of ministers or as individual Minister for the
failure to perform duties. Censure motion must be specific and self- explanatory, stating the reasons for its adoption.

2. Distinguish between a starred question and an unstarred one asked in the Parliament.
Starred questions are distinguished by an asterisk. These questions are to be answered orally.
Supplementary questions may be asked.
Un-starred questions are answered in writing. Supplementary questions are not allowed.

3. What is contempt of Parliament?

Contempt of Parliament is the crime of obstructing the Parliament in the carrying out of its functions, or of hindering
any Member of Parliament in the performance of his or her duties.

4. What is casting vote?

In Lok Sabha or in Legislative Assembly, when on MLA gets votes equally in support on against then the speaker of
the House gives his opinion and this is called casting vote.

5. What is the importance of Right to Constitutional Remedies?

By the Right to Constitutional Remedies (Art. 32 & 228) an individual can go to Supreme Court or High Courts for
the safeguard of his fundamental rights.

6. What is Habeas Corpus?

Habeas Corpus:
It is a writ, by which the court can cause any person who has been detained/imprisoned to be physically brought
before the court. The court then examines the reasons of his detention.

7. What is a privilege motion?

Privilege motion is a motion moved by a member if he feels that a minister has committed a breach of privilege of
the house or of any one or more of its members by withholding facts of a case or by giving a distorted version of
acts.

8. State the difference between Council of Ministers and the Cabinet.

Council of Ministers include cabinet ministers, ministers of state and deputy minister. The council of ministers is
collectively responsible to the lower house of the Parliament. It is the cabinet which makes all the government
policies.

9. Under which Article of the constitution can the union government play its role in setting inter-state water
dispute?
Art. 262 deals with inter-state dispute. It says - parliament may by law provide for the adjudication of any dispute of
complain with respect to the use, distribution or control of the waters of, or in, any inter-state river or river valley.

10. What is Call Attention Motion?

A member may, with prior permission of the speaker, call the attention of a minister to any matter of urgent public
importance and the minister may make a brief statement regarding the matter or ask for time to make a statement.
GATEWAY TO SSC MAINS: INDIAN POLITY IMPORTANT
POINTS TO REMEMBER
Dear Readers,
As we declared yesterday, so from today onwards we are starting the most important series for all the SSC aspirants
i.e. GATEWAY TO SSC MAINS. We are starting this series from General Awareness notes i.e. from INDIAN
POLITY.

 The Constitution of India was adopted on – 26th November 1949

 The Constituent Assembly of India started functioning from : 9thDecember , 1946
 The Constituent Assembly took time to frame the Constitution of India – 2 years 11 months 18 days
 The Concept of written constitution, first born was – USA
 The Constitution of India is – Partly rigid, partly flexible
 The word ―Secularism‖ was inserted in the Preamble of the Indian Constitution by – 42nd Amendment
 The Preamble to the constitution declares India as – A sovereign Socialist Secular Democratic
Republic
 The item ―Education‖ belongs to the – Concurrent List
 How many languages have recongnised by the Constitution? – 22
 The number of Union Territories in India is – 7
 Part of the Indian Constitution deals with ―Fundamental Rights- Part III
 Constitutional Amendment deleted the Right to Property from the list of Fundamental Rights – 44th
Amendment
 Articles of Indian Constitution guarantees freedom to press -Article 19
 Sikkim was made an integral part of India under the – 36thAmendment
 The power to curve out a new State is vested in – The Parliament
 The Constitutional States has been given to Panchayats under -Article 243
 In year Fundamental Duties of citizens were introduced by 42nd Amendment –1976
 The vacancy of the office of the President of India must be filled up within – 6 months
 The power of the President to issue ordinance is a relic of : – Government of India Act of 1935
 Rashtrapati Bhawan was designed by - Edwin Lutyens
 A Presidential Ordinance can remain in force – For six months
 In Article of the Constitution of India can be the President of India be impeached – Article 61
 In India, the President is elected by – Single Transferable Vote

FRAMING OF THE CONSTITUTION OF INDIA

Dear Readers, today we are providing you all the brief notes related to the Framing of the Constitution of
India. This article will be helpful for SSC exams like CGL,FCI,CHSL etc.

It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a
Constitution for India. The Constituent Assembly, which had been elected for undivided India and held its first
sitting on Dec. 9, 1946, reassembled on Aug. 14, 1947, as the sovereign Constituent Assembly for the Dominion of
India. As a result of the partition under the Plan of June 3, 1947, a separate Constituent Assembly was set up for
Pakistan. When the Constituent Assembly reassembled on Oct. 31,1947) the membership of the House was reduced
to 299. Of these 284 were actually present on Nov. 26, 1949, and appended their signatures to the Constitution that
was finally passed.
President of the Constitution Assembly was Dr. Rajandra Prasad.

Acceptance of the Constitution:

On Aug. 29, 1947, the Constituent Assembly appointed a Drafting Committee under the chairmanship of Dr.
Ambedkar. This committee came out with a draft Constitution of India in Feb. 1948. The second reading
of the clauses was completed by Oct. 17, 1949, and the third reading on Nov. 26, 1949, when the Constitution
received the signature of the President of the Assembly and was declared as passed.
While certain provisions of the constitution - those relating to citizenship, elections, provisional Parliament, etc.
were given immediate effect, the rest of the Constitution came into force on Jan. 26, 1950 because the Congress had
been celebrating Independence Day on January 26 every year since 1930. The Constituent Assembly itself became
the first provisional parliament. The first elections to parliament were held in 1952.

MEMBERS OF THE DRAFTING COMMITTEE

1. Dr. B.R.Ambedkar (Chairman)
2. N. Gopalaswamy Ayyanagar
3. Alladi Krishnaswamy Ayyar
4. K.M. Munshi 5. Mohd. Saadullah,
6. B.L. Mitter (later replaced by N. Madhava Rao)
7. Dr. D.P.Khaitan (replaced on death by T.T. Krishnamachari)

HOW THE CONSTITUENT ASSEMBLY OF INDIA WAS CONSTITUTED?The Constituent Assembly of

India was elected through indirect election by the members of the Provincial Legislative Assembly (Lower House
only), according to the scheme recommended by the Cabinet Delegation.

INDIAN POLITY NOTES: HIGH COURT

The High Court is at the apex of the judicial administration of the state. Art 214 of the Constitution provides that
there shall be a High Court for each state of the Indian union. But the Indian Parliament is empowered to establish a
common High Court for two or more states and to extend the jurisdiction of a High Court to a union territory.
Similarly, Parliament can also reduce the area of jurisdiction of a High Court.

The High Court consists of a Chief Justice and some other Judges. The number of judges is to be determined by
the President of Indian from time to time. The Chief Justice of a High Court is appointed by the President in
consultation with the Chief Justice of the Supreme Court and the Governor of the state concerned. The procedure for
appointing other judges is the same except that the Chief Justice of the High Court concerned is also consulted.

They hold office until they attain the age of 62 years and are removed from office in the same manner as a judge of
the Supreme Court.

Qualification
A person shall be qualified for appointment as a judge of the High Court if
(a) he is a citizen of India,
(b) has for at least ten years held a judicial office in the territory of India, or
(c) has for at least ten years been an advocate of a High Court, or of two or more such courts in succession.

Every judge of the High Court before entering upon his office shall make and subscribe before the Governor of the
state, an oath of affirmation in the form prescribed by the Constitution.

Removal of judges
A judge of the High Court shall hold office until he attains the age of 62 years. A judge may resign from his office
by writing under his hand to the president of India. He can also be removed by the President of India on the ground
of proved misbehaviour or inefficiency if a resolution to that effect is passed by both the Houses of Parliament by a
two-thirds majority of the total members present and voting, supported by a majority of the total membership of
each house.

Polity Notes: Fundamental Duties

A list of ten fundamental duties was included in the Indian Constitution by the 42nd Amendment
Act, 1976 in the form of Article 51 A. For this a new part was created in the Constitution in the form of
Part IV-A. It is based on the Japanese model. The idea of including a separate chapter on duties was
recommended by the Swam Singh Committee in view of the fact that duties and rights are inseparable.
Moreover, subsequently one more duty has been added by Constitution (86th Amendment) Act, 2002 in
the form of 51 A (k).
It reads: "It shall be the duty of every citizen of India ―who is a parent or guardian to provide
opportunities for education to his child or, as the case may be, ward between the age of six and fourteen
years."

The 11 duties It shall be the duty of every citizen of India -

1. To abide by and respect the Constitution, the National Flag, and the National Anthem.

2. To cherish and follow the noble ideals of the freedom struggle.

3. To uphold and protect the sovereignty, unity and integrity of India.

4. To defend the countery and render national service when required.

5. To promote common brotherhood and establish dignity of women.

6. To preserve the rich heritage of the nation 's composite culture.

7. To protect and improve natural environment.

8. To develop scientific temper, humanism and spirit of inquiry.

9. To safeguard public property and abjure violence.

10. To strive for excellence in all spheres of individual and collective activity.

11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years.

INDIAN POLITY SERIES- FRAMING OF THE CONSTITUTION

Dear Readers,
SSC being all about the General Studies, we have decided to provide you a series where you will get material related
to all the subjects coming under GS. This can prove to be a weapon in your preparation. If you manage to get good
marks in Tier I then your efforts might ease at Tier II. General Studies is something that you can prepare gradually.
If you think that you can do it in a go then it is really tough. So it is better if you go step by step. So here we go with
POLITY today. Try to remember facts and you will get a good grip on the GS and we will post some questions
tomorrow in the morning related to this post.
FRAMING OF INDIAN CONSTITUTION
It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a
Constitution for India. The Constituent Assembly, which had been elected for undivided India and held its first
sitting on Dec. 9, 1946, reassembled on Aug. 14, 1947, as the sovereign Constituent Assembly for the Dominion of
India. As a result of the partition under the Plan of June 3, 1947, a separate Constituent Assembly was set up for
Pakistan.
The representatives of Bengal, Punjab, Sind, North-Western Frontier Province, Baluchistan and the Sylhet district of
Assam (which had joined Pakistan by a referendum) ceased to be members of the Constituent Assembly of India,
and there was a fresh election in the new Provinces of West Bengal and East Punjab. (Hence, when the Constituent
Assembly reassembled on Oct. 31,1947) the membership of the House was reduced to 299.
Of these 284 were actually present on Nov. 26, 1949, and appended their signatures to the Constitution that was
finally passed. President of the Constitution Assembly was Dr. Rajandra Prasad.

HOW THE CONSTITUENT ASSEMBLY OF INDIA WAS CONSTITUTED?

The Constituent Assembly of India was elected through indirect election by the members of the Provincial
Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation.
The essentials of this scheme were as follows:
(i) The Provinces elected 292 members; while the Indian States were allotted a maximum of 93 seats.
(ii) The seats in each province were distributed among the three main committees Muslim, Sikh, and General, in
proportion to their respective population.
(iii) Members of each community in the Provincial Legislative Assembly elected their own representatives by the
method of proportional representation with single transferable vote.
(iv) The method of selection in the case of representatives of Indian States was to be determined by nomination.

The Constituent Assembly next met in Nov. 1948 to consider the provisions of the Draft Committee, clause by
clause. The second reading of the clauses was completed by Oct. 17, 1949, and the third reading on Nov. 26, 1949,
when the Constitution received the signature of the President of the Assembly and was declared as passed. While
certain provisions of the constitution - those relating to citizenship, elections, provisional Parliament, etc. were given
immediate effect, the rest of the Constitution came into force on Jan. 26, 1950 because the Congress had been
celebrating Independence Day on January 26 every year since 1930. The Constituent Assembly itself became
the first provisional parliament. The first elections to parliament were held in 1952.

Acceptance of the Constitution:

On Aug. 29, 1947, the Constituent Assembly appointed a Drafting Committee under the chairmanship of Dr.
Ambedkar. This committee came out with a draft Constitution of India in Feb. 1948.

MEMBERS OF THE DRAFTING COMMITTEE

1. Dr. B.R.Ambedkar (Chairman)
2. N. Gopalaswamy Ayyanagar
3. Alladi Krishnaswamy Ayyar
4. K.M. Munshi
5. Mohd. Saadullah,
6. B.L. Mitter (later replaced by N. Madhava Rao)
7. Dr. D.P.Khaitan (replaced on death by T.T. Krishnamachari)

Note:
1) The Constitution of India was framed by a Constituent Assembly which was set up under the
Cabinet mission plan(1946).
2) The Constituent Assembly took almost 3 years (2 years, 11 months, and 18 days) to complete its
historic task of drafting the Constitution for an Independent India.
3) During this period it held 11 sessions covering a total of 165 days. Of these, 114 days were spent
on the consideration of and discussion on the Draft Constitution.

4) Dr. Sachidanand Sinha was the first president of the Constitituent Assembly. Later, Dr.Rajendra
Prasad was elected president of the Constituent Assembly while B.R. Ambedkar was appointed the
Chairman of the Drafting Committee.
INDIAN POLITY SERIES: SCHEDULES IN THE
CONSTITUTION
FIRST SCHEDULE
I. -The States.
II. -The Union territories.

SECOND SCHEDULE
PART A-- Provisions as to the President and the Governors of States.
PART B-[Repealed.]
PART C-Provisions as to the Speaker and the Deputy Speaker of the House of the People and the
Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of
the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a
State.
PART D- Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E- Provisions as to the Comptroller and Auditor-General of India.

THIRD SCHEDULE
Forms of Oaths or Affirmations.

FOURTH SCHEDULE
Allocation of seats in the Council of States.

FIFTH SCHEDULE
Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes.
PART A-General.
PART B-Administration and Control of Scheduled Areas and Scheduled Tribes.
PART C- Scheduled Areas.
PART D-Amendment of the Schedule.

SIXTH SCHEDULE
Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and
Mizoram.

SEVENTH SCHEDULE
List I - Union List,
List II- State List
List III- Concurrent List

EIGHTH SCHEDULE
Languages.

NINTH SCHEDULE
Validation of certain Acts and Regulations.

TENTH SCHEDULE
Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE
Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE
Powers, authority and responsibilities of Municipalities, etc.
Short Notes On State Legislature
Dear SA'ians,

As we all know Indian polity have the good weighted in the All Competition exam Like SSC ,
Railways and other important exam.So, here we giving the brief short notes on Polity (topic wise).

State Legislature
Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers and so on of the state legislature. Though these are similar
to that of Parliament, there are some differences as well , but here we deal with only organisation
and composition only.

There is no uniformity in the organisation of state legislatures. Most of the states have an unicameral
system, while others have a bicameral system.
At present (2013), only Seven states have two Houses (bicameral). These are Andhra Pradesh,
Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir. The Tamil Nadu
Legislative Council Act, 2010 has not come into force. The 7th Amendment Act of 1956 provided for a
Legislative Council in Madhya Pradesh. However, a notification to this effect has to be made by the
President. So far, no such notification has been made. Hence, Madhya Pradesh continues to have one
House only. Two states Assam and Rajasthan passed resolution from their respective states under
Article 169.
How it form?
The twenty-two states have unicameral system. Here, the state legislature consists of the governor and
the legislative assembly. In the states having bicameral system, the state legislature consists of the
governor, the legislative council and the legislative assembly. The legislative council (Vidhan Parishad)
is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha)
is the lower house abolition or creation of legislative councils in states. Accordingly, the create it
(where it does not exist), if the legislative assembly of the concerned state passes a resolution by a
special majority, that is, a majority of the total membership of the assembly and a majority of not less
than two-thirds of the members of the assembly present and voting. This Act of Parliament is not to be
deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an
ordinary piece of legislation (ie, by simple majority).

COMPOSITION OF TWO HOUSES

Composition of Assembly:
Strength:The legislative assembly consists of representatives directly elected by the people on the basis
of universal adult franchise. Its maximum strength is fixed at 500 and minimum strength at 60. It
means that its strength varies from 60 to 500 depending on the population size of the state. However,
in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of
Mizoram and Nagaland, it is 40 and 46 respectively. Further, some members of the legislative
assemblies in Sikkim and Nagaland are also elected indirectly. Nominated Member The governor can
nominate one member from the Anglo-Indian community, if the community is not adequately
represented in the assembly

Reservation of seats for SCs and STs: The Constitution provided for the reservation of seats for scheduled castes
and scheduled tribes in the assembly of each state on the basis of population ratios. Originally, this reservation was
to operate for ten years (i.e., up to 1960). But this duration has been extended continuously since then by 10 years
each time. Now, under the 79th Amendment Act of 2009, this reservation is to last until 2020.

Duration of Assembly:
Like the Lok Sabha, the legislative assembly is not a continuing chamber. Its normal term is five
years from the date of its first meeting after the general elections. The expiration of the period of five
years operates as automatic dissolution of the assembly. However, the governor is authorised to
dissolve the assembly at any time (i.e., even before the completion of five years) to pave the way for
fresh elections.

Speaker of Assembly:
The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains
in office during the life of the assembly.

Deputy Speaker of Assembly:

Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members.
He is elected after the election of the Speaker has taken place. Like the Speaker, the Deputy Speaker
remains in office usually during the life of the assembly. The Deputy Speaker performs the duties of
the Speaker’s office when it is vacant.

Composition of Council:

Strength:Unlike the members of the legislative assembly, the members of the legislative council are indirectly
elected. The maximum strength of the council is fixed at one-third of the total strength of the assembly and
the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the
concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative
affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a
Council is fixed by Parliament.

Manner of Election: Of the total number of members of a legislative council:

1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards,etc.,
2. 1/12 are elected by graduates of three years standing and residing within the state,
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than
secondary school,
4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who
are not members of the assembly, and
5. the remainder are nominated by the gover-nor from amongst persons who have a special knowledge
or practical experience of literature, science, art, cooperative movement and social service. Thus, 5/6
of the total number of members of a legislative council are indirectly elected and 1/6 are nominated
by the governor. The members are elected in accordance with the system of proportional
representation by means of a single transferable vote.

Duration of Council:
Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body
and is not subject to dissolution. But, one-third of its members retire on the expiration of
every second year. So, a member continues as such for six years. The vacant seats are filled up by
fresh elections and nominations (by governor) at the beginning of every third year. The retiring
members are also eligible for re-election and re-nomination any number of times.
Chairman of Council:
The Chairman is elected by the council itself from amongst its members.

Deputy Chairman of Council:

Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its
members.

Quorum in State legislature:

Quorum is the minimum number of members required to be present in the House before it can transact
any business. It is ten members or one-tenth of the total number of members of the House (including
the presiding officer), whichever is greater. If there is no quorum during a meeting of the House, it is
the duty of the pre-siding officer either to adjourn the House or to suspend the meeting until there is
a quorum.

THE PARLIAMENT OF INDIA

Overview
The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People)
and the office of the President
Any Bill can become an Act only after being passed by both Houses of Parliament
The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in
1912-1913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and
the Chamber of Princes

The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25
years
It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills)
where the Lok Sabha has overriding powers.In the case of conflicting legislation(excluding
constitutional amendment bill), a joint sitting of the two Houses is held and joint sitting presided by
speaker of lok sabha . However, since the Lok Sabha has more than twice as many members as the
Rajya Sabha, it holds de facto veto power in such legislations
The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha
and Doordarshan Lok Sabha (now known as Lok Sabha TV)
When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became
the Provisional Parliament of India. It remained so until the first elections in 1951
The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of
the two Houses may permit any member to address the House in his mother tongue

THE RAJYA SABHA (COUNCIL OF STATES)

About the Rajya Sabha
The Rajya Sabha is the Upper House of Parliament
The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya
Sabha is elected from among members. He officiates in the absence of the Chairman.The first sitting of
the Rajya Sabha was held in May 1952

Membership to the Rajya Sabha

The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected
indirectly from the states and Union Territories, and 12 are nominated by the President for their
expertise in art,literature, science and social services. Currently, the strength of the Rajya Sabha is
245. Of these 233 are members elected from states and UTs and 12 are nominated members. Members
from state assemblies are elected using the Single Transferable Vote system
The provision for nominated members is found in Article 80 of the Constitution

Tenure of the Rajya Sabha

The Rajya Sabha is a continuous body and is not subject to dissolutionMembers enjoy a tenure of six
years. One-third of the members retire every two years

Functions of the Rajya Sabha

Acts as a non-partisan forum for full and free

debates.Can originate any Bill, including
constitutional amendment Bills, except Money Bills
Re-evaluates Bills originating in the Lok Sabha in a
non-political manner.Relieves the work of the
Lok Sabha in considering Private Bills (Bills
that apply to specific individuals or organizations)
Along with the Lok Sabha, votes on the election of
President and Vice-PresidentAlong with the Lok Sabha,
votes on the removal of judges of the Supreme Court and High CourtsAlong with the Lok Sabha, votes
for the continued proclamation of Emergency beyond a period of two months
Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency

THE LOK SABHA (HOUSE OF THE PEOPLE)

About the Lok Sabha
The Lok Sabha is the lower House of Parliament.The current Lok Sabha is the 16th Lok Sabha to be
constituted. The first hour of every sitting of the Lok Sabha is called Question Hour, during which
questions posed by members may be assigned to specific ministries
Three sessions of the Lok Sabha are held every year:
Budget session: February to May
Monsoon session: July to September
Winter session: November to December

Membership to the Lok Sabha

The maximum permissible strength of the Lok Sabha is 552. Of these, 530 are to be chosen by direct
election, 20 are to be representatives of Union Territories, and 2 to be nominated Anglo-
Indians. Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election,
13 are from Union Territories, and 2 are nominated Anglo-Indians

Tenure of the Lok Sabha

The Lok Sabha has a tenure of five years,

unless dissolved earlier.The tenure may

be extended by a proclamation of Emergency.
The Emergency may extend the term of the
Lok Sabha in one year increments

Functions of the Lok Sabha

The Lok Sabha controls the functioning of
the Executive, by making the Council of
Ministers answerable to itThe sanctioning of
expenditure is the exclusive priviledge of the
Lok SabhaCan originate any Bill, including Money Bills
Along with the Rajya Sabha, votes on the election of President and Vice-President
Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts
Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two
months

THE PARLIAMENT OF INDIA-2

FUNCTIONS OF PARLIAMENT
The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on
subjects in the State List if

The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or
The legislatures of two or more states recommend to Parliament to so legislate
The power to legislate on residuary subjects also vests with the Parliament
The Parliament (via the Lok Sabha) exercises control over Union finances
The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive
The Parliament is responsible for legislating on amendments to the Constitution
The Parliament elects the Vice-President and can initiate impeachment proceedings against the
President
It recommends the creation of All India Services, the removal of judges of the Supreme Court and
High Courts
Parliamentary approval is essential for the continuance of a proclamation of Emergency made by
the President.
LEGISLATIVE PROCEDURES IN PARLIAMENT
Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the
following stages before being sent for assent by the President
First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents
can also make a brief speech. After a vote, the Bill is published inthe Gazette
Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate
committee for its reference. No amendments are possible at this stage
Committee Stage: the appropriate committee reviews the Bill and suggests amendments
Report Stage: the committee submits its report to the House, where it is thoroughly discussed.
Amendments may be proposed. Voting is held on a clause-by-clause basis
Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection.
No amendments possible at this stage. After the Bill has been accepted, it is sent to the other House
for a repeat procedure, and thereupon to the President for assent.

Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the
President.Since they deal with public finances, their passage is crucial to the functioning of
government. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha
for deliberations.The Rajya Sabha is given 14 days to make recommendations.If the Rajya Sabha fails
to make recommendations within this period, the Bill is considered to have passed both Houses and is
sent to the President for assent.If the Rajya Sabha does make its recommendations, the Lok Sabha may
or may not decide to accept those recommendations.Regardless, the Bill is considered to have passed
both Houses and is sent to the President

TYPES OF MONEY BILLS

Annual Financial Statement:
At the beginning of every financial year, the President causes to be laid before both Houses, a
statement of estimated receipt and expenditure for the ensuing year. Expenditure is of two types:
Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament,
although it can be discussed by both Houses
Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form
of grants, which may or may not approve them
Appropriation Bill:
after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced.
Appropriations out of the Consolidated Fund of India can be made only after passage of the
Appropriation Bill.This Bill is never opposed in the Lok Sabha.Since the grants have already been
approved, the discussion is limited to administrative policy etc
No amendments are possible at this stage

IMPORTANT PARLIAMENTARY PROCEEDINGS

Point of Order
A member may raise a Point of Order if proceedings do not follow normal rules
The Presiding Officer decides whether the Order may be allowed or not
Vote on Account
This procedure covers government expenditure between the presentation and the passage of the
BudgetThe Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial
year. It is usually passed by the Lok Sabha without discussion
It is passed after the general discussion on the Budget is over and before the demand for grants in
taken up
Guillotine
Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This
is called guillotine.Usually done due to lack of timeTo avoid this, Parliament in 1993 established 17
Parliamentary Committees to study these demand for grants.The Committees scrutinize the demand
for grants and report to the House
The reports are not binding on the House.

THE PARLIAMENT OF INDIA-Part 3

Dear reader's today we completing the whole topic Short notes on Parliament from Indian polity.

THE PARLIAMENT OF INDIA-1

THE PARLIAMENT OF INDIA-2

How Parliament Works

Quorum
It is the minimum number of members required to transact the business of the House
Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength of
the House
Question Hour
The first hour of every sitting of Parliament is called Question Hour
Questions usually need a 10 day notice before being answered by the concerned Minister
Questions addressed to the Ministers are of three types:
Starred questions: to be answered orally on the floor of the House
Unstarred questions: are answered in writing. No supplementary questions may be asked
Short notice questions: questions on urgent public importance, do not need 10 day notice
Zero Hour
Does not formally exist in the Parliamentary procedure
The hour after Question Hour is popularly known as Zero Hour
Members raise matters which they feel is urgent
However, since the questions are raised without prior notice, it results in loss of time
TYPES OF MOTIONS
Adjournment Motion:
Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance
Can be moved by any member
Requires support from at least 50 members
Notice for the motion must be given before the commencement of the sitting for the day
Calling Attention Motion
A member may call the attention of a Minister to an urgent matter and the Minister may make a
statement regarding it

Priviledge Motion
Motion moved by a member if he feels a Minister has committed a breach of priviledge
Also moved against members for withholding or distorting facts
Censure Motion
A motion that censures the government for a specific charge
Can be moved against a Minister or against the Council of Ministers
Censure Motion is different from No Confidence Motion in that the former requires to cite a specific
charge against the government whereas the latter does not
If the Motion is passed in the Lok Sabha, the government is expected to resign
No Confidence Motion
A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers
Can be introduced in the Lok Sabha only
If the Motion is passed, the government must resign
Cut Motion
A device through which members draw the attention of Government to a specific grievance
It is used to seek reduction in the amount of a demand for grants presented by Government
Approved by the Speaker at his discretion
There are three types of Cut Motions
Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of
Re. 1
Economy Cut: seeks a specific amount of reduction
Token Cut: used to ventilate a particular grievance against the government. The reduction amount is
Rs 100

TERMINATION OF A SESSION OF PARLIAMENT

The sessions of Parliament are convened at the discretion of the President. However, there should not
be a gap of more than 6 months between sessions.
Prorogation
Done by President on the advice of the Council of Ministers
Brings the session of the House to an end
Unlike England, Pending Bills and other business do not lapse, they are taken up when the House meets
in the next session

Adjournment
Short recess within a session of Parliament
Called by the Presiding Officer of the House
Duration may be from a few minutes to a few days
Adjournment Sine Die
House is adjourned by the Presiding Officer without fixing a date for the next meeting
Dissolution
Dissolution ends the life of a House and a new House needs to be reconstituted
Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent
Dissolution enacted by the President on the advice of the Prime Minister
Any Bill pending in the Lok Sabha lapses
Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the President
calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not passed by the
Lok Sabha do not lapse.

Indian Constitutional Amendments - 1

Dear Readers,
Here we are providing the Notes on Indian Constitutional Amendments, that will be continued till
completion of Topic.

Today we are providing the Introduction with ten Constitutional Amendments. Hope that all of you will
appreciate it.

The procedure of amendment makes the Constitution of India neither totally rigid nor totally flexible,
rather a curious mixture of both. Some provisions can be easily changed and for some others, special
procedures are to be followed. Despite the fact that India is a federal state, the proposal for amending
the Constitution can be initiated only in the House of the Union Legislature and the State Legislatures
have no such power. In fact, there are three methods of amending the Constitution. But Article 368 of
the Constitution which lays down the procedure for amendment mentions two methods:

1. An amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose
in either House of Parliament and when a Bill is passed in each House.

(i) By a majority of total membership of that House.

(ii) By a majority of not less than two-thirds of the members of that House present and voting, it shall
be presented to the President who shall give his assent to the Bill and there upon the Constitution shall
stand amended in accordance with the term of the Bill. Most of the provisions of the Constitution can
be amended by this procedure.

2. For amending certain provisions a special procedure to be followed,

(i) A Bill for the purpose must be passed in each House of Parliament by a majority of total membership
of the House,
(ii) By a majority of not less than two-thirds of the members of that house present and voting and

(iii) It should be notified by the legislatures of not less than one-half of the States before the Bill is
presented to the President for assent. The provisions requiring this special procedure to be followed
include-
(a) manner of the election of the President,
(b) matters relating to the executive power of the Union and of the State,
(c) representation of the States in Parliament
(d) matters relating to the Union Judiciary and High Courts in the States
(e) distribution of legislative powers between the Union and the States
(f) any of the List in the Seventh Schedule
(g) provisions of Article 368 relating to the procedure for amendment of the
Constitution, etc.

3. There are certain provisions which require simple majority for amendments. They can be amended
by the ordinary law making process. They include

(a) formation of new States and alteration of areas, boundaries or names of existing ones
(b) creation or abolition of Legislative Councils in the States
(c) administration and control of Scheduled Areas and Scheduled Tribes
(d) the salaries and allowances of the Supreme Court and High Court Judges
(e) laws regarding citizenship, etc. It is significant that the laws passed by Parliament to change the
above provisions would not be deemed to be amendments of the Constitution for the purpose of Article
368.

Some important amendments are:

The Constitution (First Amendment) Act, 1951

In June 1951, the Constitution (First Amendment) Act was passed, and the following Amendment in the
Constitution were inserted :
(i) To Article 15, a new clause (4) was added: (ii) clauses (2) and (6) of Article 19 were recast;
(iii) After Article 31, Article 31A and 31B were inserted; (iv) For original Article 85, a new Article was
substituted; (v) In Article 87, clauses (1) and (2) were recast; (vi) For the original Article 174, a new
Article was substituted; (vii) In Article 176, clauses (1) and (2) were recast: (viii) Clause (1) of Article
341 was recast; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of
clause (3) of Article 372, and clause (1) of Article 376 were also recast; (ix) After the Eighth Schedule
to the Constitution a Ninth Schedule was added and thirteen laws passed by State Legislatures were
included in it so that those Acts might not be challenged in courts.

The main purpose of the Amendment was the removal of certain practical difficulties created by court
decisions in several cases such as Kameshwar Singh vs. State of Bihar, Romesh Thapar vs. State of
Madras, Brij Bhusan vs. State of Delhi and Motilal vs. Government of Uttar Pradesh. The issues involved
in these cases were numerous, such as the scope of the fundamental right of freedom of speech,
acquisition of Zamindari (land) of intermediaries, conflict between a citizen’s fundamental right to
practise any profession, or to carry on any business or trade (Article 19) and State monopoly of any
trade, and so on.

The Constitution (Second Amendment) Act, 1952

The Second Amendment, amended Article 81 in order to remove the prescribed limit of 7,50,000 of the
population for one member to be elected to the Lok Sabha. According to the original provision, at least
one member was to be elected to the Lok Sabha for every 7,50,000 of the population. It was further
provided that the maximum number of elected member to the Lok Sabha should not exceed 500.
The Constitution (Third Amendment) Act, 1954

The Third Amendment brought about changes in the Seventh Schedule consisting of the three
Legislative Lists and entry 33 of the Concurrent List was substituted by a new one.

The Constitution (Fourth Amendment) Act, 1955

Article 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of Article 31
clause (1) of Article 31A were substituted by new clauses. As a result of these, the adequacy of the
quantum of compensation paid for the compulsory acquisition of property for ‘a public purpose’ could
not be questioned in a court of law. It also amended Article 305 and the Ninth Schedule.

The Constitution (Fifth Amendment) Act, 1955

The Constitution (Fifth Amendment) Act amended Article 3. In the Constitution there was
no time limit during which a State Legislature should express its boundaries, which the Centre may like
to make. With the help of this amendment, it was provided that the State will be required to express
its views on such matters within such period as may be specified in the reference or within such further
period, as the President may allow.

The Constitution (Sixth Amendment) Act, 1956

In this Act, the Seventh Schedule to the Constitution was amended and in the Union
List, a new entry was added after Entry 92 in the State List, a new Entry was substituted for Entry 54.
It also amended Articles 269 and 286 dealing with inter-state Sales-tax.

The Constitution (Seventh Amendment) Act,1956

The Seventh Amendment brought about the most comprehensive changes so far in the Constitution.
This amendment was designed to implement the State Reorganisation Act. The Second and Seventh
schedules were substantially amended for the purpose of the States Reorganization Act.

The Constitution (Eight Amendment) Act, 1959

The Act extended the period of reservation seats in Lok Sabha and State Legislatures for the Anglo-
Indians, the Scheduled Castes and Scheduled Tribes by another 10 years.

The Constitution (Ninth Amendment) Act, 1960

It provided for the transfer of certain territories of India to Pakistan under an agreement between India
and Pakistan as a part of a comprehensive settlement of border disputes
between the two countries.

The Constitution (Tenth Amendment) Act, 1961

The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and
provides for their administration under the regulation making powers of the President.

SUPREME COURT OF INDIA

SUPREME COURT OF INDIA
Overview
The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution
It was established on 28 Jan 1950
According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the
Constitution and the highest court of appeal
The Supreme Court has original, appellate and advisory jurisdiction
About the Supreme Court building
The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had
been the seat of the Federal Court of India.The Court moved to the present premises in 1958.The
present premises was designed by Ganesh Bhikaji Deolalikar

COMPOSITION OF THE SUPREME COURT

Judges of the Supreme Court
-The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices
-The Constitution originally provided for 7 judges in the Court. However, due to increased workloads,
this number has been gradually increased, reaching 31 in 2008
-Judges in the Supreme Court sit together in Benches to hear cases
-A small Bench, with two to three Justices, is called a Division Bench
-A large Bench, with five or more Justices, is called a Constitutional Bench
-A Division Bench may refer a case up to a Constitutional Bench if desired
-The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has
been no female Chief Justice

Terms of service
Judges of the Supreme Court are appointed by the President
Judges of the Supreme Court retire at the age of 65
Must be a citizen of India
Must have been one of the following
A judge of a High Court for at least 5 years
An advocate of a High Court for at least 10 years
A distinguished jurist, in the opinion of the President

Ad hoc Judges
Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient
quorum to perform the judicial duties. Ad hoc Judges are appointed by the Chief Justice after
obtaining consent from the President. Serving and retired judges of the Supreme Court (and High
Courts) can sit and act as ad hoc Judges of the Supreme Court. Only such persons can be appointed as
ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court

The office of the Chief Justice

-The senior most judge of the Supreme Court is appointed as the Chief Justice
-The Chief Justice remains in office for 5 years or until retirement, whichever is earlier
-The Chief Justice is responsible for allocation of work to other judges
-Other judges may refer cases to him if a bench of higher strength is required
-The Chief Justice administers the oath of office to the President In the absence of the President and
the Vice-President, the Chief Justice sits as the Acting President of India
-The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India

Note worthy Chief Justices

-The current Chief Justice (T.S Thakur ) is the 43rd Chief Justice of India. He is from Kerala
-The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court,
he served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay
-The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP)
-The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)

INDEPENDENCE OF JUDGES
-The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not
subject to a vote of Parliament
-The salaries and other service conditions of Judges cannot be changed to their disadvantage during
their tenure
-Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third
majority
-Judges can be removed only on grounds of proven misbehaviour or incapacity
-Judges are barred from practicing in any court after retirement
-The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite
Contempt of Court proceedings
-The conduct of Judges cannot be discussed in Parliament or state legislatures
-The appointment of Judges does not depend on the discretion of the President. Judges are appointed
by the President in consultation with other Judges of the Supreme Court, while the Chief Justice is
appointed based on seniorityThe Court enjoys complete freedom with respect to appointment of
officers of the Court

JURISDICTION OF THE SUPREME COURT

Original Jurisdiction
Original Jurisdiction means that certain types of cases can originate with the Supreme Court only
The Supreme Court has original jurisdiction in
-Disputes between the Centre and one or more states
-Disputes between the Centre and any state(s) on one side and one or more states on the other side
-Disputes between two or more states
-Disputes regarding the enforcement of Fundamental Rights

Appellate Jurisdiction
Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it.The
Supreme Court is the highest court of appeal in the country
Three types of cases fall with appellate jurisdiction:
Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if
the High Court determines that the case involves questions on the interpretation of the Constitution
Civil cases: an appeal can be made in civil cases if the High Court certifies that the case involves a
substantial question of law of general importance, and that the said question needs to be decided by
the Supreme Court
Criminal cases: an appeal can be made in criminal cases if the High Court has reversed an acquittal
and sentenced a person to death, or has taken up a case from a subordinate court and sentenced an
accused to death interestingly,if the High Court reverses a conviction and orders acquittal, no appeal
to the Supreme Court can be made

Advisory Jurisdiction
Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal
mattersIf the President asks for advice from the Supreme Court, the Court is duty-bound to give it.
However, it not binding on the President to accept the advice

POWERS AND FUNCTIONS OF THE SUPREME COURT

Court of Record
The Supreme Court is a court of record:-What this means is that its records are admitted to be of
evidentiary value and cannot be questioned in any court.As a court of record, it also enjoys the power
to punish for contempt of court

Judicial Review
Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued
by the executive do not contravene the Constitution.If these laws or orders go against the Constitution,
the Court can declare them unconstitutional and hence invalid.The Court also protects the
Fundamental Rights of citizens through various types of writs

Other powers
The Supreme Court appoints its officers and servants in consultation with the UPSC and determines
their conditions of service, in consultation with the President.It can make rules regarding the practice
and procedure of the court with the approval of the President.It can appoint arbitrators to decide
cases relating to costs incurred by state governments in carrying out directions of the Union
government.It adjudicates disputes relating to the election of the President and Vice-President.It can
recommend the removal of the Chairman and members of the UPSC to the President

HIGH COURTS IN INDIA

Overview
There are 24 High Courts in India
The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras
High Courts were also established in the same year
The newest High Courts are the Tripura High Court,Meghalaya High Court and Manipur High Court, all
established in the year 2013

The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India
The Madras Law Journal, published from the Madras High Court, was the first journal in India dedicated
to reporting judgements of a Court (1891)
Jurisdiction of High Courts
Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)
High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs States
are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the
highest judicial authority below the High Court.The presiding judge is called District Judge when he
presides over a civil case, and called a Sessions Judge when presiding over a criminal case
The High Court is a court of record.Cases relating to admiralty, marriage and contempt of court are
referred directly to the High Court
Judges and Benches
The Judges of a High Court are appointed by the President in consultation with the Chief Justice of
India and the Governor of the state.The number of Judges in a High Court is decided based on the
number of cases instituted and disposed. High Courts that handle a large number of cases from a
particular region, may establish a permanent Bench there. Benches are present in states that come
under the jurisdiction of Courts outside its territory.Circuit Benches are temporary courts that hold
proceedings for a few months every year

High court In India

Principal Seat/(Bench having jurisdiction of the
State or UT Court
State)
Andaman and Nicobar Islands Calcutta High Court Kolkata (Bench at Port Blair)
Arunachal Pradesh Gauhati High Court Guwahati (Bench at Itanagar)
High Court of Judicature at
Andhra Pradesh Hyderabad
Hyderabad
Assam Gauhati High Court Guwahati
Bihar Patna High Court Patna
Chhattisgarh Chhattisgarh High Court Bilaspur
Chandigarh Punjab and Haryana High Court Chandigarh
Dadra and Nagar Haveli Bombay High Court Mumbai
Daman and Diu Bombay High Court Mumbai
National Capital Territory of
Delhi High Court New Delhi
Delhi
Goa Bombay High Court Mumbai (Bench at Panaji)
Gujarat Gujarat High Court Ahmedabad
Haryana Punjab and Haryana High Court Chandigarh
Himachal Pradesh Himachal Pradesh High Court Shimla
Jammu and Kashmir Jammu and Kashmir High Court Srinagar/Jammu
Jharkhand Jharkhand High Court Ranchi
Karnataka Karnataka High Court Bengaluru (Bench at Dharwad and Gulbarga)
Kerala Kerala High Court Kochi
Lakshadweep Kerala High Court Kochi
Madhya Pradesh Madhya Pradesh High Court Jabalpur (Bench at Gwalior and Indore)
Maharashtra Bombay High Court Mumbai (Bench at Aurangabad and Nagpur)
Manipur Manipur High Court Imphal
Meghalaya Meghalaya High Court Shillong
Mizoram Gauhati High Court Guwahati (Bench at Aizawl)
Nagaland Gauhati High Court Guwahati (Bench at Kohima)
Odisha Orissa High Court Cuttack
Puducherry Madras High Court Chennai
Punjab Punjab and Haryana High Court Chandigarh
Rajasthan Rajasthan High Court Jodhpur (Bench at Jaipur)
Sikkim Sikkim High Court Gangtok
Tamil Nadu Madras High Court Chennai (Bench at Madurai)
 High Court of Judicature at
Telangana Hyderabad
Hyderabad
Tripura Tripura High Court Agartala
Uttarakhand Uttarakhand High Court Nainital
Uttar Pradesh Allahabad High Court Allahabad (Bench at Lucknow)
West Bengal Calcutta High Court Kolkatta

Important Commission's Of Indian Part-1

Dear reader's
Here we present you part 1 one of important commission's of India with their purposes to set
up.These commission's are ask in previous examinations

1. Central Information Commission

Receiving and inquiring into complaints from aggrieved persons.

2. Central Vigilance Commission

Probing offences by Central Government officers, Officers of societies, corporation and local authority
under the Central Government.

3. Commission for Centre-State Relations

Review of working of existing arrangements between Union and States i.e. power, functions, and
responsibilities in all spheres.

4. Commission of Enquiry (Tehelka Commission)

To enquire into the definite matter of public importance with the power of civil court.

5. Liberhan Commission
To enquire into demolition of Babri Masjid in Ayodhya.
6. Commission on Criminal Justice
Reformation of criminal justice system, compensation to victims, and effective investment etc.

7. Mandal CommissionHeaded by Bindheshwari Prasad Mandal to consider the question of seat

reservations and quotas for people to redress caste discrimination, and used eleven social, economic,
and educational indicators to determine “backwardness.”

8. Competition Commission of India

To curb monopolies, to ensure fair competition in India by prohibiting adverse trade practices and to
pass order for granting interim relief and to impose penalties in case of defaults.

9. Delimitation Commission
Readjustment of the allocation of seats in Lok Sabha to several States and total number of seats in the
Legislative Assembly of each State.

10. Election Commission

Preparation of the electoral rolls, direction, superintendence, and control of elections to Parliament
and State Legislatures, recognition of political parties and allotment of symbols and also conducting
elections to offices of Presidents and Vice-Presidents of India.

11. Finance Commission

Distribution of financial resources between Union and States, proceeds from taxes, principles governing
grants-in-aid to revenue of States out of consolidated fund of India, etc.
12. Justice Nanavati Commission
To inquire into 1984 Riot case (Indira Gandhi Assassination Riot).

13. Kalelkar Commission

Adhering to Article 340, the First Backward Classes Commission was set up by a presidential order on
January 29, 1953

14. Khosla Commission

A one-man commission headed by Justice GD Khosla established July 1970 to re-investigate the
circumstances surrounding the supposed death of Subhas Chandra Bose. The commission reached the
same conclusions as Shah Nawaz Committee.

15. Law Commission

To suggest for implementation and development in constitutional and legal matters including the
human way of death penalty

Important Committee's of India part - 1

Dear reader's
Here we present you part 1 one of important committee's of India with their purposes to set
up.These committee's are ask in previous examinations
What is the difference between a committee and a commission?
A committee is a group of people who meet and deliberate according to fixed rules in order to make a
decision or produce a document as a group. A commission is a group of people who are entrusted (that
is the etymology) by a government to carry out a task. Sometimes the task is a specific one (like
ascertaining a particular fact or resolving a particular problem) and sometimes the task is more long-
term (like the SEC, that is, Securities and Exchange Commission). A commission is usually distinct from
other kinds of agency in two ways: it has no single, permanent administrator, and it has no
independent or constitutional authority of its own; it operates under the authority of another part of
the government. Of course, a commission can be a committee (like the 9/11 Commission), but very few
committees are commissions, and some commissions are not committees.

1. Palekar Tribunal : Journalists’ Pay reforms

2. U.C. Banerjee Commission : Enquiry into Godhra carnage (railways)

3. Sarkaria Commission : Centre-State relations

4. Srikrishna Commission : 1992 Bombay riots

5. Thakkar Commission : Indira Gandhi assassination case

6. Phukan Commission & Saharya Committee : Tehelka tapes

7. Malimath Commission : Criminal Justice

8. Upendra Commission : Inquiry on rape and murder Thangjam Manorama Devi

9. Malhotra Committee : Insurance Reforms

10. Janaki Ram Committee : Security scam

11. Ajay Vikram Singh Committee : Faster promotions in army

12. Rajinder Sachar Committee {1} : Companies and MRPT Act

13. Rajindar Sachar Committee {2} : Report on the social, economic and educational status of the
Muslims of India

14. Jyoti Basu Committee : Report on Octroi abolition

15 Balwant Rai Mehta Committee : Recommendations on decentralization system

16. Sawant Committee : Enquiry on corruption, charges against ministers & Anna Hazare

17. Chelliah Committee : Eradicating black money

18. Kothari Commission : Educational reforms

19. Wanchoo Committee : Tax enquiry

20. Bhanu Pratap Singh Committee : Agriculture

Formation Of States After 1950's

Map Of India In 1950's

1.Andhra Pradesh -Formed by the State of Andhra Pradesh Act, 1953 by carving out some areas
from the State of Madras.

2.Kerala -Formed by the State Reorganisation Act, 1956. It comprised Travancore and Cochin
areas.

3.Karnatak-Formed from the Princely State of Mysore by the State Reorganisation Act, 1956. It was
renamed Karnataka in 1973 from Mysore.

4.Gujarat and Maharashtra-The State of Bombay was divided into two States namely, Maharashtra
and Gujarat by the Bombay (Reorganisation) Act, 1960.

5.Nagaland - State of Nagaland Act, 1962 created the State of Nagaland which was carved out of
Assam (now Asom).
6.Haryana -It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966.

7.Himachal Pradesh- State of Himachal Pradesh Act, 1970 elevated the Union Territory of
Himachal Pradesh to the status of State.

8.Meghalaya-First carved out as a sub-state within the State of Assam by 23rd Constitutional
Amendment, 1969. Later, in 1971, it received the status of a full-fledged State by the North-Eastern
Areas (Reorganisation) Act, 1971.

9.Manipur and Tripura -Both these States were elevated from the status of Union Territories by the
North-Eastern Areas (Reorganisation) Act, 1971

10.Sikkim-Sikkim was given first the status of associate State, by the 35th Constitutional
Amendment Act, 1974. 36th Amendment Act, 1975, uplifted its status to a full State in 1975. From
1947 to 1974, Sikkim was a protectorate of India, with India being responsible for its defence,
external affairs and communications.

11.Mizoram-It was uplifted to the status of a full state by the State of Mizoram Act, 1986.

12.Arunachal Pradesh -It received the status of a full State by the State of Arunachal Pradesh Act,
1986.

13.Goa- It was separated from the Union Territory of Goa, Daman and Diu and was made a full-
fledged State by the Goa. Daman and Diu Resorganisation Act, 1987. But Daman and Diu
remained as Union Territory till date.

14.Chhattisgarh- Created, as 26th State of India, by the Constitutional Amendment Act 2000, by
dividing Madhya Pradesh on 1st November, 2000

15.Uttarakhand -Earlier known as Uttaranchal was formed by the Constitutional Amendment Act
2000 by dividing Uttar Pradesh on 9th November, 2000. In January 2007, the name of the State was
officially changed from Uttaranchal to Uttarakhand.

16.Jharkhand - Created as 28th State, by the Constitutional Amendment Act 2000, by dividing
Bihar on 15th November, 2000.

17.Telangana - created as 29th state by the constitutional Amendment Act 2014, by dividing Andra
Pradesh on 2nd June 2014 .

Indian Polity Notes (Attorney General)

The Attorney General is responsible for giving advice to the Government of India upon such legal matters
and to perform such other duties of legal character as may be referred or assigned to him by the
President. The Attorney General has the right of audience in all Courts in India as well as the right to
participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on
behalf of Government of India in all cases (including suits, appeals and other proceedings) in the
Supreme Court in which Government of India is concerned. He also represents the Government of India
in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

The Attorney General is assisted by a Solicitor General and four Additional Solicitors General. The
Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of
Law has been consulted. All references to the Attorney General are made by the Ministry of Law.

Important Points

 The First Attorney General Was M.C Setavad at the time when India got Independence and
Jawaharlal Nehru was our Prime Minister.
 Salary of Advocate General of India: 90,000 per month
 The First Solicitor General of India was C.K Daphtary
 Article 76 - Attorney General of India is the Indian government's chief legal advisor, and its
primary lawyer in the Supreme Court of India.
 The Attorney General for India is appointed by the President of India under Article 76(1) of the
Constitution of India and holds office during the pleasure of the President. He must be a person qualified
to be appointed as a Judge of the Supreme Court.
 At present Attorney General of India is MukulRohatgi

Restrictions on Attorney General of India

 The Attorney General can accept briefs but cannot appear against the Government.
 He cannot defend an accused in the criminal proceedings and accept the directorship of a
company without the permission of the Government.
 The Attorney General of India does not have any executive authority, and is not a political
appointee; those functions are performed by the Law Minister of India.
 The Attorney General of India, like an Advocate General of a State is not supposed to be a
political appointee, in spirit, but this is not the case in practice. Every time a party comes to power in the
general elections, in India, all the law officers resign, and law officers loyal to the new party are appointed.

Solicitor General of India

 The Solicitor General for India is subordinate to the Attorney General of India.
 The Solicitor General for India is the second law officer of the country, assists the Attorney
General, and is himself assisted by four Additional Solicitors General for India.
 Unlike the Attorney General, Solicitor General does not tender legal advice to the Government of
India. His workload is confined to appear in courts on behalf of the union of India.
What is the difference between an Attorney General and Solicitor General of India?
 The Solicitor General of India is subordinate to the Attorney General for India.
 The Solicitor General of India is appointed for the period of 3 years.
 The Solicitor General of India is the secondary law officer of the country, assists the Attorney
General, and is himself assisted by several Additional Solicitors General of India.
 Like the Attorney General for India, the Solicitor General and the Additional Solicitors General
advise the Government and appear on behalf of the Union of India.
 The posts of the Solicitor General and the Additional Solicitors General are merely statutory,
while Attorney General for India is a Constitutional post.

Advocate General of State

 Remuneration Not fixed by Constitution, but receives the Pay as per fixation by Government.
 Appointed by Governor on the Advice of COM of state and also Submits resignation to Governor.
 He gets dissolved with dissolving of Government.
 The Advocate General is the first law officer of a State.
 His office and functions are comparable to that of the Attorney General of India.
 Appointed by the Governor and holds the office during his pleasure.
 His remunerations are also determined by the Governor.
 To be appointed to the office of the Advocate-General, he/she must be qualified to be a Judge of
the High Court.
 He has the right to attend and speak in the proceedings of either Houses of the State Legislature
without any right to vote.
 He has the right of audience in any Court in the State.
 Article 165 - Each State shall have a Advocate General.
 Article 177 - Right of Audience in State Legislature and its committees but no right to vote.
 Article 194 - Rights, Privileges and Immunities of Advocate General of India which are available
to State Legislature Members

What is the difference between Attorney Generaland Advocate General in Indian Constitution?
 Attorney General belongs to Central Government and is appointed by President on
recommendation of Council Of Ministers of Centre. He is assisted by Solicitor Generals.
 Advocate General of State belongs to State Government alone and looks after Law matters
relating to that particular State Government. He is appointed by Governor of that State on Advice of
Council Of Minister of that State.
 Both are constitutional Posts.

Study Note on Important Acts passed before the formation of

the Indian Constitution (Part 1)

The Regulating Act, 1773

The Regulating Act of 1773 was enacted as a first step to regulate the working of East India
Company.
 A collegiate government was formed in Bengal consisting of the Governor General, who was
vested civil and military powers.
 A Supreme Court was established in Bengal comprising of a chief justice and three other
judges.

Pitts’s India Act, 1784

This Act was a further extension of the control of the British Government over the company
affairs.
 Board of control was established to control the civil, military and revenue affairs of the
company
 The Court of Proprietors was no more empowered to revoke or suspend the resolution of the
directors approved by the Board of Control.
Charter Act of 1833
The act focused on centralization of powers.
 The Governor General of Bengal was made the Governor General of India. The first Governor
General of India was William Bentinck.
 He was given legislative powers over the entire India including the Governors of Bombay and
Madras.
 The company lost the status of a commercial body and was made purely an administrative
body.
 A Law Commission was set up to consolidate and codify Indian Laws.
Charter Act of 1853
Due to vastness of British Empire in India, the demands for decentralization increased not only in
India but also in Britain. Under these circumstances the Charter Act of 1853 was enacted.
 It brought out separation in the legislative and executive functions of the Governor-General’s
council.
 Access to compete civil services for Indians.
 Local representation of 4 members was provided in the Central Legislative Council.
Government of India Act, 1858
The rule and aggressive territorial policies of East India Company in India led to resentment among
the aristocrats and ruling class in India, which resulted in the revolt of 1857.
 India was to be governed by and in the name of crown through Viceroy, who would be the
representative of crown in India. The designation of Governor General of India was changed to Viceroy.
Thus, Governor General Lord Canning became the first Viceroy of India
 Board of Control and Board of directors were abolished transferring all their powers to British
Crown
 A new office ‘secretary of state was created with a 15 member council of India to assist him.
Indian Councils Act, 1861
 The major focus of the act was on administration in India. It was the first step to associate
Indians to legislation.
 The act provided that the viceroy should nominate some Indians as non-official members in
legislative council.
 The legislative powers of Madras and Bombay presidencies were restored.
 It provided for the establishment of legislative councils for Bengal, North-Western Frontier
Province (NWFP) and Punjab.
 Viceroy was empowered to issue ordinances during an emergency without the concurrence of
the legislative council.

Study Note on Important Acts passed before the formation of

the Indian Constitution (Part 2)

Indian Councils Act, 1892

 The number of non-official members was increased in both the central and provincial
legislative councils
 The functions of the legislature increased, which gave the members the right to ask questions
or discuss on budget matters.

Indian Councils Act, 1909, (Morley-Minto reforms)

 The number of members in central and provincial legislative councils was increased.
 It provided for the association of Indians in the executive council of the Viceroy and Governors.
Satyendra Prasad Sinha joined the Viceroy's executive council as a law member.
 It introduced Separate Electorate for Muslims.

Government of India Act, 1919

 The act is also known as Montague-Chelmsford Reforms.
 The act set up bicameral legislatures at the centre consisting of two houses- the Council of the
States (Upper House) and the Central Legislative Assembly (Lower House).
 The central and provincial subjects were demarcated and separated.
 The Provincial subjects were further divided into Transferred Subjects and Reserved Subjects,
the legislative council had no say in the latter. This was known as the system of Diarchy.
 he principle of separate electorate was further extended to Sikhs, Indian Christians, Anglo-
Indians and Europeans.
 It provided for the appointment of a statutory commission to report the working of the act
after ten years.

Government of India Act, 1935

 The powers between centre and states were divided in terms of Federal list, Provincial list and
Concurrent list.
 Diarchy in the provinces was abolished.
 Diarchy was adopted at the centre with Transferred and Reserved subjects (such as defence,
administration of tribal areas etc.).
 The legislature of Bengal, Bombay, Madras, Bihar, Assam and United province were made
bicameral. Bicameral legislature consisted of a Legislative Council and a Legislative Assembly.
 The principle of Separate Electorate was extended to depressed classes, women and workers.
 Provided for the formation of Reserve bank of India

Indian Independence Act, 1947

 The act formalized the Lord Mountbatten Plan regarding independence of India on June 3,
1947.
 The Act ended the British rule in India and declared India as an independent and sovereign
nation with effect from August 15, 1947.
 Provided for the partition of India into two dominions of India and Pakistan
 The office of Viceroy was abolished and a Governor General was to be appointed in each of the
dominion
 The Constituent Assemblies of the two dominions were to have powers to legislate for their
respective territories.
 Princely states were free to join any of the two dominions or to remain independent.
MUST DO of Salient Features of Indian Constitution

 A Written Constitution: A written constitution is framed at a given time and comes into force
on a fixed date as a document. Our constitution was framed in 2 years, 11 months and 18 days, it was
adopted on 26th November, 1949 and enforced on January 26, 1950.

 Rigid and Flexible: The Indian Constitution is a unique example of combination of rigidity and
flexibility. A constitution is called rigid or flexible on the basis of its amending procedure. In a rigid
constitution, amendment of the constitution is not easy like the constitutions of USA, Switzerland and
Australia are rigid constitutions. Whereas, the British Constitution is considered flexible because its
amendment procedure is easy and simple. The Constitution of India has three categories of
amendments ranging from simple to most difficult procedure depending on the nature of the
amendment.

 Federal Polity: India has a federal structure. In a federation there are two distinct levels of
governments. There is one government for the whole country which is called the Union or Central
Government and there is a government for each Unit or State. The USA is a federation whereas the UK
(Britain) has a unitary form of government where there is only one government for the whole country
and the power is centralised. The Constitution of India does not use the term ‘federal state’ but calls
India a ‘Union of States’. There is a proper distribution of powers between the Union/Central
Government and the State Governments in form of Union List, State List and the Concurrent List.

 Quasi Federal: It means a federal set up where despite having two clear sets of government –
central and the states, more powers are given to the Central Government, supremacy of the judiciary
is an essential feature of a federation so that the constitution could be interpreted impartially.
 Parliamentary Democracy: India has a parliamentary form of democracy. This has been
adopted from the British system. In a parliamentary democracy there is a close relationship between
the legislature and the executive. The Cabinet is selected from among the members of legislature. The
cabinet is responsible to the latter. In this form of democracy, the Head of the State is nominal so in
India, the President is the Head of the State. Constitutionally the President has numerous powers but in
practice the Council of Ministers headed by the PM, exercises these powers. The President has to act
on the advice of the Prime Minister and the Council of Ministers.

 Fundamental Rights and Fundamental Duties: The Constitution of India guarantees

Fundamental rights. The Constitution provides for six Fundamental Rights which are justiciable and
hence are protected by the judiciary. Fundamental Duties were added to our Constitution by the 42nd
Amendment. It lays down a list of ten Fundamental Duties for all citizens of India. While the rights are
given as guarantees to the people, the duties are obligations which every citizen is expected to
perform.

 Directive Principles of State Policy: These have been adopted from the Irish Constitution,
included in our Constitution to ensure social and economic justice to our people. Directive Principles
aim at establishing a welfare state in India where there will be no concentration of wealth in the hands
of a few.

 Single Integrated Judicial System: India has a single integrated judicial system. The Supreme
Court is the apex court of the judicial system. Below it are the High Courts which control and supervise
the lower courts. The Indian judiciary is like a pyramid with the lower courts as the base, High Courts
in the middle and the Supreme Court at the top.
 Independence of Judiciary: Indian judiciary is independent and impartial. It is free from the
influence of the executive as well as the legislature. Its judges are appointed on the basis of their
qualifications and cannot be removed easily neither can their terms of office be altered to their
disadvantage.

 Single Citizenship: Usually in a federal state the citizens enjoys double citizenship like in the
USA. But in India there is only single citizenship which means that every Indian is a citizen of India,
irrespective of the place of his/her residence or place of birth. He/she is not a citizen of the
Constituent State like Rajasthan, Uttaranchal or Chhattisgarh to which he/she may belong to. All the
citizens of India can secure employment anywhere in the country and enjoy all the rights equally in all
the parts of the nation.

 Universal Adult Franchise: Indian democracy functions on the basis of ‘one person one vote’.
The Indian Constitution establishes political equality in India through the method of universal adult
franchise. Every citizen of India who is 18 years of age or above is entitled to vote in the elections
irrespective of caste, sex, race, religion or status.

 Emergency Provisions: The Constitution makers expected that there could be situations when
the government could not be run in usual manner due to difficult circumstances. To cope with such
situations, the Constitution elaborated on emergency provisions. There are three types of emergency;
A) emergency caused by war, external aggression or armed rebellion; B) emergency arising out of the
failure of constitutional machinery in states; and C) financial emergency.
Study Notes on The SCHEDULE of Indian Constitution

What is Schedule?

They are Lists which categorise and tabulate bureaucratic activity and policy of the Government.
They are kept separate because it is more than 100 mages document and hence, not included in
original text of constitution but they are very much part of the constitution. Originally they were 8
in number, now they are 12. IX (1st Constitution Amendment Act 1951), X (Anti-Defection Law
52nd CAA 1985), XI (73rd CAA Panchayati Raj 1992), XII (74th CAA Municipality 1992).

First Schedule
Part 1: Name of the state and their territorial jurisdiction (29 states). It conclude details regarding
which law, act etc. determine each states boundaries (Article 1 to 4).
Part 2: Names of Union Territory and their extent. Delhi (since independence), Andaman and Nicobar
Islands (since independence), Daman and Diu (1987), Lakshadweep, Puducherry (1960s) (French
Establishments in India and combines Pondicherry, Kankal, Mahe and Yanam), Chandigarh (1966),Dadar
and Nagar Haveli.
Second Schedule
[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221]
Provisions relating to emoluments, privileges, allowances and so on of:
•President of India
•Governors
•Speaker, Deputy Speakers of Lok Sabha and Legislative Assembly in states.
•Chairman and Deputy Chairman of Rajya Sabha, Legislative Councils in states.
•Judges of Supreme Court, High Court and CAG.
•Official residence of judges without pay.
•Vice-President or any other person is acting as President and any person is acting as Governor (based
on salary).

Third Schedule
Form of Oaths (Theist in name of God) or Affirmation (Objecting to Oath as Atheist so solemn
declaration) for:
Union and State Ministers
MPs and candidates for elections for parliament.
MLAs, MLCs and candidates for election to state legislature.
Judges of Supreme Court, High Court and Comptroller Auditor General of India.
Fourth Schedule
It deals with the allocation of seats in the Rajya Sabha: States, UTs (233 + 12 nominated = 245). All
are indirect election except the 12 are nominations in the field of Arts, Science, Literature and Social
Service by the president. Do not include co-operative here, co-operative is included in the nominations
of MLCs because co-operative the state subject.

Fifth Schedule (Major area, minor autonomy)

Provisions relating to administration of scheduled areas and scheduled tribes (Article 244 - excludes
Assam, Tripura, Meghalaya, Mizoram).
Report by the Governor to the President regarding the administration of Scheduled areas.
PESA (Panchayats (Extension to the Scheduled Areas) Act, 1996: Definition of scheduled area (Article
244 (1). Provisions (Resemble 6th schedule).
Village: group of habitants/hamlets comprising a community and managing its affairs in accordance
with traditions and customs will have a Gram Sabha (all electoral rolls name).
Gram Sabha: Should have to give Prior approval of all plans and projects (for socio-economic
development) of government before implementation by panchayats, identity beneficiaries under
MGNREGS and other programmes.
Special power to Gram Sabha and Panchayat: They can regulate sale and consumption of intoxicants
(they can also ban the consumption of intoxicants), ownership of minor forest produce (fruit,
vegetables and medicinal products etc.), Reservation at every Panchayat shall be in proportion to the
population of communities (Minimum 50% for Scheduled Tribes, 100% reservation ST for Chairpersons).
Tribal Advisory Council (20 Members): Para 4(1) of the Fifth Schedule. To advise on such matters
pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to
them by the Governor.

Sixth Schedule (Major Autonomy)

Provisions relating to administration of tribal areas in states of (Assam, Meghalaya, Tripura,
Mizoram) (Article 244 and 275).
Autonomous Districts (Govern by District Council) and Autonomous Region (Govern by Regional
Council).

It is extremely detail oriented so don't read the original draft (around 50 pages), Just remember the
important points; Governor and state government have significantly limited powers and large majority.
What the Governor do?
He decides the composition of the District Councils and Regional Councils and the allocation of seats
therein. The delimitation of territorial constituencies for the purpose of elections to those Councils.
Powers: Allotment, occupation or use, or the setting apart, of land, other than any land which is a
reserved forest for the purpose of agriculture of grazing or for residential or other non-agricultural
purpose oor for any other purpose likely to promote the interests of the inhabitants of any village or
town. Management of any forest not being a reserved forest (reserved forests are under IFS officers;
use of any canal or water-course.

Seventh Schedule
It relates to the Division of power between Union and State. It creates three lists:
List 1: Union list 100 subjects (Originally 97) - Defence, Armed forces, ammunition, explosives,
nuclear, CBI, Foreign relations, UNO, Tax on Newspaper, Pilgrimages to places outside India, Railways,
Ports, Airways, Ships, Insurance, Banking, Opium, Film Censors, Census, UPSC, Audit of accounts of
Unions and states, all major taxes like Corporation tax, Income tax (except agriculture).

List 2: State list 61 (Originally 660 - Public order, Prisons, Police, High Courts, Local Government,
Pilgrimages in India, Intoxicating liquors, relief of disabled, unemployed, burial grounds, agriculture,
water, mines, gas, money letting, gambling, betting, excise duty on liquor, opium, hemp etc. Taxes on
animals and boats, Tolls. Taxes on professions, trades, callings and employments. Capitation taxes,
Taxes on luxury.
Concurrent List: Total 52 9Originally 47) - Criminal and civil law including IPC, CrPC, Marriage divorce,
infants, adoption, will, bankruptcy, insolvency, trust and trustees, Wildlife, Drugs, Planning, Factories,
Newspaper, books, Printing press, Electricity, Legal, Medical and other profession.
Both Centre and State can make laws, but laws of parliament will override the state provisions.
Parliament cam make law on subjects under state list and there are five conditions:
•Article 249 - (Rajya Sabha passes, National Interest).
•Article 250 - (Emergency on entire state or a part there of).
•Article 252 - (If 2 or more states request Parliament).
•Article 253 - (For international agreement or treaty).

Eighth Schedule
Languages recognised by constitution (14 languages) - Assamese, Bengali, Gujarati, Hindi, Kannada,
Kashmiri, Malayalam, Marathi, Odiya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.
21st Constitutional Amendment Act introduced - Sindhi (because it was very well spoken language
before independence and the Sindh region).

71st CAA included Manipuri, Konkani, and Nepali

92nd CAA introduced four languages, these are Bodo, Dogri, Maithili, Santhali
Total number is now 22 languages.

Ninth Schedule
Dealing with Acts and Regulations (Earlier there were just 13 acts and now there are 282 acts in the
ninth schedule) of state legislatures dealing with land reforms and abolition of Zamindari system.
The first CAA (in 1951 introduce Prevention of Judicial Review on account of violation of Fundamental
Rights. However, so article 31-B of the Constitution of India ensured that any law in the Ninth Schedule
could not be challenged in courts and Government can rationalise its programme of social engineering
by reforming land and agrarian laws.
In 2007, Supreme Court ruled that laws included in IX schedule after 24th April, 1973 (Keshavanand
Bharti case) can be reviewed on grounds of violation of law of the land.

Tenth Schedule

It is introduced by 52nd CAA, 1985 (Rajiv Gandhi), it deals with anti-Defection Law, Provisions relating
to disqualification of MPs and MLA/MLCs on ground of defection. Voluntarily gives up the membership
of the political party (Ticket). If he votes abstains from voting, contrary to any direction issued by the
original political party without prior permission (15 days condoning period).
Independent Member: Disqualified if join any party.
Nominated: Within 6 months join any Political Party, after 6 month, disqualified.
The Chairman of the Speaker of the House has been authorized to make a decision on questions as to
the disqualification of a member.
Exceptions: Merger with not less than two-thirds members and a member of the original political party
joins the new group (formed subsequent to the merger) or opts to function as a separate group (old
group that may or may not maintain the identity of the older political party).
Please note that prior to 91st Amendment of the Constitution of India 92003) a split in the original
political party whereby one-thirds of the members of Legislature belonging to the original political
party may form a separate group and this did not attract disqualification. However, subsequent to the
91st amendment, this exception is no longer available.

Eleventh Schedule (Vision of Mahatma Gandhi)

It is specify the powers, authority and responsibility of Panchayats (under article 243-G), (73rd CAA,
1992) 3-tier government (Centre + State + Local Government), Article 40 (Gandhian) Organisation of
village panchayats.

It deals with 29 matters including Agriculture; Land improvement, reforms, land consolidation, soil
conservation; Minor irrigation, water management and watershed development; Animal husbandry,
dairying and poultry; Fisheries; Social and farm forestry; Minor forest produce. Small scale industries;
Khadi, village and cottage industries; Rural conventional energy sources; Poverty alleviation
programme; Education, primary and secondary schools; Technical training and vocational education,
Adult and non-formal education; Libraries; Cultural activities; markets and fairs; Health and sanitation;
Family welfare; Women and child development; Social welfare; Welfare of the weaker sections (SCs,
STs); Public distribution system; Maintenance of community assets.

Twelfth Schedule
It deals with the Municipality (local governments), specifies the powers, authority and responsibilities
of Municipalities (Article 243-W) 974th CAA, 1992).
It deals with 18 matters including: Urban planning including town planning; Regulation of land-use and
construction of buildings; Planning for economic and social development; Roads and bridges; Water
supply; Public health, Urban forestry; Safeguarding the interests of weaker sections of society; Slum
improvement and upgradation; Urban poverty alleviation. Provision of urban amenities; Promotion of
cultural, educational and aesthetic aspects; Burials and burial grounds, electric crematoriums; Cattle
pounds - prevention of cruelty to animals; Vital statistics including registration of births and deaths;
Public amenities, public conveniences; Regulation of slaughter house and tanneries.
Study Notes on Constitutional bodies in India
Constitutional bodies in India are the bodies or institutes that have its name mentioned in Indian
constitution. It derives power directly from the constitution. Any type of change in mechanism of
these bodies needs constitutional amendment.

They are as follows:

1. Attorney General

Articles:76
•Tenure and Removal:Holds office during the pleasure of President.
•Further Appointment:YES
•Powers:Has privileges of a MP,
•Right of audience in all courts in the territory of India,
•Can attend both houses of parliament, joint sitting of parliament (but NOT entitled right to vote)

2. Comptroller and Auditor General (CAG)

Articles : 148

•Tenure and Removal:Holds office for 6yrs or 65 years age(whichever is earlier)

•Removal : as same as that of SC Judge
•Further Appointment:NO
•Powers:Audits the accounts related to Consolidated fund of India and states (UTs with legislative
assemblies), Contingency fund as well as Public accounts fund of centre and states.
•Advisory role regarding accounts to president
•Additional Information:His certification regarding net proceeds of any tax or duty is final.

3. Election Commission

Articles:324

•Composition: Chief Election Commissioner + Other commissioners (appointed by President)

•Tenure and Removal:Determined by President (presently 65 yrs age or 6yrs, whichever is earlier.)
•Further Appointment :YES
•Powers:Conducting free and fair elections.
•Limits on poll expenses
•Registration of political parties.

4. Finance Commission
Articles:280

•Composition:Chairman (Experience in public affairs) + 4 members (Judges of HC, specialized

knowledge of economics, accounts and finances of Govt.)
•Further Appointment:YES
•Powers:Distribution of net proceeds of taxes between Centre and the States, to be divided as per
their respective contributions to the taxes.
•Determine factors governing Grants-in Aid to the states and the magnitude of the same.
•To make recommendations to president as to the measures needed to augment the Consolidated Fund
of a State to supplement the resources of the Panchayats and municipalities in the state on the basis of
the recommendations made by the Finance Commission of the state.
•Additional Information:It takes into consideration both capital and revenue requirements of state in
formulating devolution

5. National Commission for SC’s

Articles:338

•Composition Chairman: , Vice Chairman, Three others

•Tenure and Removal:For a term of three years. Pleasure of president
•Further Appointment:YES
•Powers:Quasi-judicial body
•It Monitors and reports working of constitutional safeguards for SC’s (including OBC’s and ST’s)
•While investigation and inquiry, has all the powers of a civil court

6. National Commission for ST’s

Articles:338-A

•Composition:Chairman , Vice Chairman, Three others

•Tenure and Removal:For a term of three years. Pleasure of president
•Further Appointment:YES
•Powers:Quasi-judicial body
•It Monitors and reports working of constitutional safeguards for ST’s (including OBC’s and SC’s)
•While investigation and inquiry, has all the powers of a civil court

7. Special officer for Linguistic Minorities

Articles:350B

•Composition:Commissioner assisted by deputy commissioner and assistant commissioner

•Tenure and Removal:Not mentioned by Constitution. Pleasure of president.
•Further Appointment:YES
•Powers:Monitors and reports working of constitutional safeguards for linguistic minorities

8. Union Public Service Commission

Articles:315 – 323

•Composition: 9 – 11 members including Chairman.

•Tenure and Removal:65 yrs of age / 6 yrs of service (whichever is earlier).
•Further Appointment:They are eligible only for appointment within SPSC and UPSC (Chairman of UPSC
is not eligible for another term)
•Powers:Advisory powers, recruitment of All India Services, Central services, public services of
centrally administered territories.

9. State Public Service Commission

Articles:315-323

•Tenure and Removal:62yrs of age/6 yrs.’ of service (whichever is earlier) Appointed by Govt

Must Do on Polity
Indian Constitution Schedules 1 to 12

First schedule -
The list of states and union territories .
Second Schedule-
Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court,
Comptroller and Auditor General.

Third Schedule-
Forms of Oaths and affirmations

Fourth Schedule-
Allocation of seats for each state of India in Rajya Sabha

Fifth Schedule-
Administration and control of scheduled areas and tribes

Sixth Schedule-
Provisions for administration of Tribal Area in Assam, Meghalaya, Tripura, Mizoram & Arunachal
Pradesh

Seventh Schedule -
Allocation of powers and functions between Union & States. It contains 3 lists Union List (For
central Govt) 97 Subjects.States List (Powers of State Govt) 66 subjects and Concurrent List (Both
Union & States) 47 subjects.

Eighth Schedule-
List of languages of India recognized by Constitution

Ninth Schedule-
It was introduced by the Nehru Government, on 10 May 1951 to address judicial decisions and
pronouncements especially about the chapter on fundamental rights. Contains acts & orders
related to land tenure, land tax, railways, industries.{Right of property not a fundamental right
now}

Tenth Schedule-
The 10th Schedule to the Indian Constitution, that is popularly referred to as the 'Anti-Defection
Law' was inserted by 52nd amendment in 1985 the 1985 Amendment to the Constitution.

Eleventh Schedule
By 73rd amendment in 1992. Contains provisions of Panchayati Raj.

Twelfth Schedule
By 74th amendment in 1992. Contains provisions of Municipal Corporation.

Study Notes on Constitutional body

Constitutional body is the body that has its name mentioned in Indian Constitution. It derives power
directly from the Constitution. Any type of change in mechanism of this body needs constitutional
anedment. Example: UPSC, Finance Commission, National Commission for SC/ ST, etc.
Immunities given to Constitutional bodies
1.They can be removed: only on proved misbehavior.
2.Their salary, powers and rights are mentioned in the Constitution itself-and parliament can't reduce it
once they're appointed. It's charged on the Consolidated Fund of India i.e. Parliament can't vote on it
during budget. However, the salary can be reduced if President declares a financial emergency. Such
immunities are not enjoyed by statutory bodies.
The constitutional bodies are discussed below

ATTORNEY-GENERAL OF INDIA

According to Article 76, the President appoints a

person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is
the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney
General of India advises the Government of India on any legal matter. He performs any legal duties
assigned to him by the President of India. He discharges any functions conferred to him by the
Constitution or the President.
In the performance of his duties, the Attorney General of India has right of audience in all courts in
the territory of India. The Attorney General represents the Union and the States before the Courts but is
also allowed to take up private practice provided; the other party is not the State. He is not a member of
the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary
deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to
vote.He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from
private practice except that he cannot advice or hold briefs against the Government of India. He should
not defend accused persons for criminal prosecution without the permissions of the Government of India.
He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of
India is assisted by two Solicitor General and four assistant Solicitor General.The Attorney General is not
paid salary but a retainer that is determined by the President. The retainer of the Attorney General of
India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the
Government, the Attorney General resigns and the new Government appoint a new Attorney General of
its own choice. The Attorney General holds office during the pleasure of the President and receives
remuneration as determined by the President.

ADVOCATE-GENERAL
Each State shall have an Advocate-General for the State, an official corresponding to the Attorney
General of India, and having similar functions for the State. He shall be appointed by the Governor of the
State and shall hold office during the pleasure of the Governor. Only a person who is qualified to be a
Judge of a High Court can be appointed Advocate-General. [Art. 165 (1)]
It is the duty of the Advocate-General to give advice to the Government of the State upon such legal
matters, and to perform such other duties of a legal character, as may from time to time be referred to him
by the Governor, and to discharge the functions conferred on him by this Constitution or any other law for
the time being in force.The Advocate-General shall hold office during the pleasure of the Governor,
and shall receive such remuneration as the Governor may determine. He shall have the right to speak
and to take part in the proceedings of, but no right to vote in the Houses of the Legislature of the State.

Study Notes on PUBLIC SERVICE COMMISSIONS in India

PUBLIC SERVICE COMMISSIONS
 Article 315 provides for service commissions for both
the Union and the States. For the Union it is known as Union Public Service Commission (UPSC) and for
the States it is known as State Public Service Commission (SPSC). There is a provision for a joint SPSC
for two or more states if the state legislatures of the concerned states pass a resolution to this effect and
acting on it Parliament enacts a law in this regard. A Public Service Commission consists of a Chairman
and a number of members. The number of members and the conditions of service shall be determined in
the case of UPSC or a Joint Commission by the President and in the case of a state PSC by the
Governor. The conditions of service of a member of a Commission shall not be varied to his disadvantage
during his term of office (Art. 318).

Appointment and term of office :

The Chairman and members of the UPSC or a

Joint Commission are appointed by the President while those of a State Commission are appointed by the
Governor of the State. No qualifications are prescribed for being a member or chairman. The Constitution
does not prescribe the number of members of a Commission. But it is laid down in Art. 316 that at least
half of the members of every Commission shall be persons who have held office under the Government of
India or of a state for 10 years. Under this clause officers belonging to IAS, IPS, IFS, and other Central
Services serving the Union and officers of the armed forces who have retired or are on the verge of
superannuation's are appointed members. This is to ensure that persons who have a first hand
experience of government service guide the policies to be adopted by the Commission. They are in a
better position to understand the needs of the government and the qualities required of a candidate.
Generally the senior most member is appointed as Chairman though it is not a legal requirement.
A member of a Commission holds office for a term of 6 years from the date he enters upon his office
or until he attains the age of 65 years in the case of UPSC and 62 years in the case of a State
Commission or a Joint Commission

Resignation:
A member of a Commission may resign his office by a writing addressed to:
The President in the case of UPSC or a Joint Commission
The Governor in the case of a State Commission

Removal:
The President may remove him on the ground of misbehavior. The Supreme Court alone may inquire
about misbehavior on a reference made by the President. It is to be noted that a member of State
Commission may be removed only by the President (and not by the Governor). Once the Supreme Court
has reported that the member was guilty of misbehavior, the President has no choice but to remove the
member.In some cases the President may remove a member without making a reference to the Supreme
Court.

These are:
The member is adjudged an insolvent,
The member engages in some other employment while in office,
The member is unfit to continue in office by reason of infirmity of mind or body.
Whether the infirmity incapacitates the member from discharging his duties is for the President to
determine. Blindness may not cause such infirmity in all cases.

Functions of the Commission:

Article 320 lays down the function of a Public Service Commission. Article 321 provides that the
Parliament or the legislature of a state may add to the list of functions. The functions are of two types:
(a) duties (b) advisory functions.

Duties:
The duties of a Public Service Commission enumerated in Art. 320 are:
To conduct examinations for appointment to the services of the union and the services of the State (in
case of a State PSC). It is the duty of the UPSC if requested by two or more States to assist those States
in framing and operating schemes of joint recruitment for any Services requiring special qualifications.

Advisory functions:

A Commission has many advisory functions. It

must be consulted ,On all matters relating to method of recruitment to civil services and civil posts.On the
principles to be followed in making appointments to civil services and posts, in making promotions and
transfers from one service to another and on the suitability of such candidates.On all disciplinary matter
affecting a person under the government (Central or State) in a civil capacity. This includes
memorandums and petitions relating to such matters.On any claim by or in respect of a person in service
under the government (Central or State) that any costs incurred by him in defending any proceeding
instituted against him for acts done in the execution of his duty should be paid by the government. On any
claims of the award of a pension in respect of injuries sustained by a person while in government service
in a civil service in a civil capacity. The UPSC submits its annual report to the President which is laid
before Parliament. Similarly, every PSC submits its annual report to the Governor which is laid
before the State Legislature.

Study Notes on ELECTION COMMISSION

ELECTION COMMISSION

India is a representative democracy which has opted for a Parliamentary Form of Government. Under this
system people elect their representatives both for the state legislatures as well as for Parliament through
exercising their right to vote during periodic elections. Thus the success of democracy depends on
successful election mechanism. For a healthy and functioning democracy it is essential that there is an
independent institution to conduct and supervise the election procedure. Realizing this importance, the
Constitution has provided for an independent Election Commission.

Composition of the Election Commission:

Art 324 provides for a Chief Election Commissioner to be appointed by the President He can also appoint
any number of Election Commissioners. Since 1993, the Election Commission consists of a Chief Election
Commissioner and two Election Commissioners. If the Election Commission is a multi-member body then
the Chief Election Commissioner acts as the Chairman of the Election Commission. The decisions are
arrived at by either consensus or majority in a multi-member Election Commission. There is a provision to
appoint Regional Commissioners before each general election to Lok Sabha and State Assembly and
before the general election and thereafter before each biennial election to the Legislative Council. The
President appoints them in consultation with the Election Commission.
Removal of the CEC and Election Commissioners:

The CEC can be removed only on the same grounds and in the same manner as a judge of the Supreme
Court. An Election Commissioner or a Regional Commissioner can be removed by the President only on
the recommendation of the Chief Election Commissioner.

Functions of the Election Commission:

The Election Commission superintends, directs

and controls the elections to Parliament, State Legislatures and Union Territories, Presidential and Vice-
Presidential elections. In this regard, it performs the following functions:
(a) Preparation of electoral rolls.
(b) Conduct of elections.
(c) Counting of votes and declaration of results.
(d) To advise the President in regard to the questionwhether a Member of Parliament (Art. 103) or
a State Legislature has become subject to any disqualification (Art. 192).
(e) To advice the President in the appointment ofRegional Commissioner.

The Constitution contains a bare outline of the law of election and the powers and functions of the
Election Commission. The detailed provisions are contained in the following Acts:
The Presidential and Vice-Presidential Election Act, 1950.
The Representation of People Act, 1950.
The Representation of People Act, 1951.
The Delimitation Act, 1972.

Secular basis for electoral rolls (Art. 326):

The provisions discussed below are of general applications and apply to elections to the Parliament and
the state legislatures.For every territorial constituency there will be one general electoral roll. No person
shall be ineligible for inclusion in the electoral roll on grounds of religion, race, caste, sex or any of them.

Adult suffrage (Art. 326):

Any person who is a citizen of India and who is 18 years of age (61st Amendment Act, 1988) is eligible to
vote in Lok Sabha and State Assembly elections unless he is disqualified by a law. The common
disqualification are based on unsoundness of mind, conviction for crime, corrupt practice, at an election
etc. They are contained in the Representation of People Act

Election disputes (Art. 329):

Article 329 bars the interference of Courts in electoral matters. If a Delimitation Commission draws the
boundaries of a territorial constituency it cannot be challenged in any Court of law.Article 329 also
provides that no election to either House of Parliament or to a House of a State Legislature shall be called
in question except by an election appropriate law. Since 1966, a High Court alone has the jurisdiction to
hear an election petition. Appeal lies with the Supreme Court.

Study Notes on SC and ST

NATIONAL COMMISSION FOR SCHEDULED CASTES

 The National Commission for Scheduled Castes, a
Constitutional body monitors the safeguards provided for Scheduled Castes and also reviews issues
concerning their welfare.The SCs constitute 16.23% of India's population spread all over the country,
with 80% of them living in the rural areas. They constitute more than a fifth of the population of UP,
Punjab, Himachal Pradesh and West Bengal. Punjab has the highest proportion of SCs to the State
population. More than half of the SC population is concentrated in the five States of Uttar Pradesh
(35.1 million), west Bengal (18.4 million), Tamil Nadu (11.8 million), Andhra Pradesh (12.3 million)
and Bihar (13.0 million).Due to their social disability and economic backwardness, they were grossly
handicapped in getting reasonable share in elected offices, Government jobs and educational institutions
and, therefore, it was considered necessary to follow a policy of reservations in their favour to ensure their
equitable participation in governance.

Functions and duties of the commission are:

a)To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes
under this Constitution or under any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguard;
b)To inquire into specific complaints with respect to the deprivation of rights and safeguards of the
Scheduled Castes;
c)To participate and advise on the planning process of socio-economic development of the Scheduled
Castes and to evaluate the progress of their development under the Union and any
State;
d)To present to the President, annually and at such other times as the Commission may deem fit, reports
upon the working of those safeguards;
e)To make in such reports recommendations as to the measures that should be taken by the Union or
any State for the effective implementation of those safeguards and other measures for the protection,
welfare and socioeconomic development of the Scheduled Castes; and
f)To discharge such other functions in relation to the protection, welfare and development and
advancement of the Scheduled Castes as the President may, subject to the provisions of any law made
by Parliament, by rule specify.

NATIONAL COMMISSION ON SCHEDULED TRIBES

The National Commission for Scheduled Tribes was first formed by the Government of India in 1978 as a
Non-statutory Multi-Member Commission. Initially, the Commission was set up through a resolution for
both the Scheduled Castes and Scheduled Tribes. In the year 1987, the Government of India re-
structured the duties of the Commission by authorizing it to advice on the Broad Policy Issues and Levels
of Development of SCs and STs. The National Commission for Scheduled Tribes (NCST) was
established by amending Article 338 and inserting a new Article 338A in the Constitution through the
Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for
Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the
National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for
Scheduled Tribes (NCST) in 2004. Scheduled Tribes live in contiguous areas unlike other communities.
It is, therefore, much simpler to have an area-approach for development activities and also regulatory
provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to
land alienation and other social factors, provisions of "Fifth Schedule" and "Sixth Schedule" have been
enshrined in the Constitution.

Functions of the Commission are:

a.To investigate and monitor all the matters relating to the safeguards provided for the SCs and STs
under the Constitution of India or under any other law and to evaluate the working of such scapegoats.
b.To enquire into specific complaints with respect to the deprivation of the rights and the safeguards of
the SCs and the STs.
c.To participate and advise on the planning process of socio-economic development of the Scheduled
Castes and the Scheduled Tribes and to evaluate the progress of their development under the Union and
any State.
d.To present to the President, annually andat such other times as the Commission may deem fit, reports
upon the working of those safeguards.
e.To make in such reports or recommendations as to the measures that should be taken by the Union or
any State for the effective implementation of those the protection, welfare and socio-economic
development of the Scheduled Castes and the Scheduled Tribes as the President may by lured specify.

The term Scheduled Tribes is defined in the Constitution of India under Article 366 as such tribes or
tribal communities or parts of groups within such tribes or tribal communities as are deemed under Article
342 to be Scheduled Tribes for the purposes of this Constitution.According to the Article 342(1), the
President may, with respect to any State or Union Territory, and where it is State, after consultation with
the Governor thereof, notifies tribes or tribal communities or parts thereof as Scheduled Tribes. This
confers on the tribe or part of it a Constitutional status invoking the safeguards provided for in the
Constitution, to these communities in their respective States/ UTs. Thus only those communities who
have been declared as such by the President through an initial public notification will be considered as
Scheduled Tribes. Parliament may, by law, include in or exclude from the list of Scheduled Tribes, any
tribe or tribal community or parts of thereof. The list of Scheduled Tribes is State-specific. In other words,
a community declared as Scheduled Tribe in one State need not be so in another State.
The Commission presents an annual report to the President. The President places all the reports before
the Parliament along with memorandum explaining the action taken on the recommendations made by
the Commission. The memorandum also contains the reasons for the non acceptance of any
recommendation.

Study Notes on OFFICIAL LANGUAGE COMMISSION and

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)

OFFICIAL LANGUAGE COMMISSION

Article 344 states that at the expiration of 5 years form the commencement of this Constitution and later
after 10 years from such commencement the President shall appoint a commission. The Commission will
consist of a chairman and members representing different languages specified in the 8th Schedule.

The duties of the commission will be to make recommendations to the president as to:
(a) The progressive use of the Hindi language
(b)Restrictions on the use of English language
(c)The language to be used for the purposes mentioned in Art. 348
(d)The form of numerals
(e)Any other matter that may be referred to the Commission by the President.
The Official Language Commission constituted in 1955 felt that the Central Government should take
concrete steps for its employees to learn and become proficient in Hindi. Under opposition from various
groups, it was decided to replace English by Hindi progressively and not suddenly.

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)

CAT was set up in pursuance of the amendment of Constitution of India by Articles 323A (1976) which
empowers the Parliament to set up Tribunals for dealing with disputes and complaints with respect to
recruitment and conditions of service of persons appointed to service and posts connected with the Union
of India. It is one of the important steps taken in the direction of development of Administrative Law in
India. Even before Article 323-A was enacted tribunals existed in various areas and their existence was
recognized by the Constitution, but they were not intended to be an exclusive forum, and therefore, they
were subject to judicial review by the High Courts under Articles 226 and 227. Distinct from this existing
tribunal system, a new experiment has been introduced by Article 323-A which provides for exclusion of
the jurisdiction of the High Courts under Articles 226 and 227, notwithstanding any other provisions in
the Constitution. The object of this experiment is to lessen the backlog of cases pending before the High
Courts and to provide an expert and expeditious forum for disposal of disputes of Government servants
relating to service matters.

Administrative Tribunals were established at Delhi, Mumbai, Calcutta and Allahabad. Today, there
are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court
is located, with 33 Division Benches. In addition, circuit sittings are held at Nagpur, Goa,
Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair,
Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.

Constitution of CAT
 A Chairman who has been a sitting or retire
Judge of a High Court heads the Central Administrative Tribunal. Besides the Chairman, the authorized
strength consists of 16 Vice Chairmen and 49 Members.Jurisdiction.In addition to Central Government
employees, the Government of India has notified other organizations to bring them within the jurisdiction
of the Central Administrative Tribunal.The provisions of the Administrative Tribunals Act, 1985 do not,
however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the
Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the
Secretariat staff of State/ Union Territory Legislatures.

Application :

A person aggrieved by any administrative order

pertaining to any matter can make an application to CAT for redressal of his grievances. The jurisdiction
of the Tribunal extends not only to the actual employment but also to the process of recruitment also. An
application is not to be admitted unless the applicant has exhausted all remedies available to him under
the service rules. However this rule is not absolute and CAT may entertain an application in extraordinary
circumstances. A person is deemed to have availed of all the remedies available to him if a formal order
has been made by the Government or other authority or the officer concerned rejecting the appeal or
representation of the employee. OR Where no final orders passed by such authority even after 6 months
from the date of the appeal or representation.

Procedure of justice :
The Tribunal is not bound to follow the procedures laid down in the Code of Civil Procedure 1908 or
Evidence Act, but shall be guided by the principles of natural justice in deciding cases and the procedure.
The Central Administrative Tribunal is empowered to prescribe its own rules of practice for discharging its
functions subject to the Administrative Tribunals Act, 1985 and Rules made there under. For this
purpose, the Central Administrative Tribunal Rules of Practice, 1993 have been made. Parties to the
dispute may appear in person or be represented by a lawyer before the Tribunal. The Supreme Court has
held in a case that the CAT must confine itself to the limits of judicial review. No interim orders, whether
by way of injunction or stay shall be made on an application unless copy of the application along with
other documents are furnished to the party against whom such application is made and opportunity is
given to such party to be heard in the matter. However ex-parte interim orders can be issued in
exceptional cases valid for 14 days. In this case the administration should approach CAT within 14 days
to put across their point of view and try for vacation of such interim stay orders.

Must Do on Borrowed features of Indian constitution from

different countries
Dear Readers.

We are providing "Must Do series" for the competitive exam on different topics and subjects.
Students can go through these topics , as it will help students to understand the concepts easily
and remember it for longer period of time. This topic is very important from all exam point of
view as one or two questions are asked from this topic.

COUNTRY FEATURES

JAPAN Law on which the Supreme

Court function
AUSTRALIA 1.Concurrent list
2.Language of the preamble
3.Provision regarding trade,
commerce and intercourse
USSR Fundamental Duties
Five year Plan
U.S.A 1.Written Constitution
2.Executive head of state
known as President and his
being the 3.Supreme
Commander of the Armed
Forces
4.Vice- President as the ex-
officio Chairman of Rajya
Sabha
5.Fundamental Rights
 6.Supreme Court
7.Provision of States
8.Independence of Judiciary
and 9.Judicial review
10.Preamble
11.Removal of Supreme court
and High court Judges
CANADA 1.Scheme of federation with a
strong centre
2.Distribution of powers
between centre and the states
and placing.
Residuary Powers with the
centre
WEIMAR CONSTITUION OF 1.Suspension of Fundamental
GERMANY 2.Rights during the emergency
France 1.Concept of “Republic”
2. Ideals of Liberty, Equality
and Fraternity(contained in the
Preamble)
IRELAND 1.Concept of Directive
Principles of States
Policy(Ireland borrowed it
from SPAIN)
2.Method of election of
President
3.Nomination of members in
the Rajya Sabha by the
President
SOUTH AFRICA 1.Election of members of the
Rajya Sabha
2.Amendment of the
Constitution
U.K. 1.Nominal Head ,President
(like Queen)
2.Cabinet System of Ministers
3.Post of PM
4.Parliamentary Type of Govt.
5.Bicameral Parliament
6.Council of Ministers
responsible to Lower House
7.Speaker in Lok Sabha
Study Note on MAIN PROVISIONS OF IMPORTANT ACTS
PASSED IN BRITISH INDIA
MAIN PROVISIONS OF IMPORTANT ACTS PASSED IN BRITISH INDIA

Regulating Act, 1773

(i) First attempt by the British Parliament to

regulate the affairs of the East India Company.
(ii) Centralized the administration of Company's territories in India.
(iii) Governor of Bengal was designated as the Governor General of Bengal and Council of 4 members
was appointed for Bengal.
(iv) Bombay and Madras Presidencies were subordinated to Bengal Presidency.
(v) Supreme Court was set up at Calcutta.
(vi) Company's servants were forbidden from accepting bribes or doing private trade.

Amending Act, 1781:

It settled the question of jurisdiction of the Supreme Court.

Pitt's India Act, 1784

(i) It was the first effective substitution of Parliamentary Control over East India Company as it transferred
the Indian affairs of the Company into the hands of the British Government.
(ii) Abolished dual system of governance.
(iii) Board of Control consisting of 6 Parliamentary Commissioners was constituted to control civil, military
and revenue affairs of India.
(iv) Court of Directors had to comply with the orders and directions of the Board.
(v) Strength of Governor-General's Council reduced to 3.
(vi) Control of Governor-General-in-Council on Bombay and Madras Presidency was enlarged and made
more effective.

Act of 1786:

Governor-General became the Commander in-Chief of Indian Forces.

Charter Act, 1793

(i) East India Company's monopoly over trade was extended for 20 more years.
(ii) Expenses and salaries of the Board of Control to be charged on Indian Revenue.
(iii) Governor-General could over-ride his Council.
Charter Act, 1813
(i) East India Company was deprived of its trade monopoly in India except in tea and opium trade with
China.
(ii) All Englishmen could trade with India subject to certain restrictions.
(iii) Rules and procedures were made for use of Indian revenue.
(iv) A sum of Rs. 1 lakh was earmarked annually for education.

Study Note on MAIN PROVISIONS OF IMPORTANT ACTS

PASSED IN BRITISH INDIA
MAIN PROVISIONS OF IMPORTANT ACTS PASSED IN BRITISH INDIA

Charter Act, 1833

 (i) Governor-General of Bengal became the
Governor-General of India
(ii) Company was asked to close its business at the earliest
(iii) It put an end on Company's trade monopoly even in tea and opium with China
(iv) Government of Madras and Bombay was deprived of legislative powers
(v) A fourth member (Law Member) was added to the Council of Governor-General
(vi) Government Service was thrown open to the people of India
(viii) All laws made by Governor General-in-Council, henceforth came to be known as Acts and not
regulations
(viii) Provision was made for appointment of Law Commission for codification of laws
(ix) Slavery was abolished

Charter Act, 1853

(i) For the first time a separate legislative machinery consisting of 12-member Legislative Council was
created
(ii) Law Member was made a full member of the Executive Council of the Governor-General. Six
additional members were added for legislative purposes
(iii) Recruitment of Civil Services was based on open annual competitive examination.
Government of India Act, 1858

(i) Rule of company in India ended and that of the Crown began

(ii) System of double government ended as both

the Court of Directors as well as the Board of Control was abolished
(iii) Secretary of State for India was appointed. He was assisted by a 15-member Council (India Council).
He was to exercise the powers of the Crown
(iv) Secretary of State was to be a member of the British Cabinet
(v) Secretary of State governed India through the Governor General
(vi) Governor-General was to be called the Viceroy and was the direct representative of the Crown in
India
(vii) A unitary and highly-centralized administrative structure was created.

Study Notes On Some Important Constitutional Amendment

Dear Readers,

Some Important Constitutional Amendment

The Constitution (Third Amendment) Act, 1954

The Third Amendment brought about changes in the Seventh Schedule consisting of the
three Legislative Lists and entry 33 of the Concurrent List was substituted by a new one.

The Constitution (Fourth Amendment) Act, 1955

Article 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of
Article 31 clause (1) of Article 31A were substituted by new clauses. As a result of these,
the adequacy of the quantum of compensation paid for the compulsory acquisition of
property for ‘a public purpose’ could not be questioned in a court of law. It also amended
Article 305 and the Ninth Schedule

The Constitution (Sixth Amendment) Act, 1956

In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a
new entry was added after Entry 92 in the State List, a new Entry was substituted for Entry
54. It also amended Articles 269 and 286 dealing with inter-state Sales-tax

The Constitution (Eight Amendment) Act, 1959

The Act extended the period of reservation seats in Lok Sabha and State Legislatures for the
Anglo-Indians, the Scheduled Castes and Scheduled Tribes by another 10 years.

Study Notes On Some Important Constitutional Amendment

Dear Readers,

Some Important Constitutional Amendment

The Constitution (Forty-second Amendment)Act,

1976
The 42nd Constitutional Amendment Act brought a number of changes in the Constitution. The Act
inter-alia gave preponderance to the Directive Principles of State Policy over the Fundamental
Rights. Established the supremacy of Parliament and curtailed the powers of Judiciary. The Act
was first of its kind. It was the most comprehensive Act and touched almost all the sensitive areas
of the Constitution.

The Constitution (Tenth Amendment) Act, 1961

The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India
and provides for their administration under the regulation making powers of the President.

The Constitution (Twelfth Amendment) Act, 1962

The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the
Union of India and for this First Schedule of the Constitution was amended.

The Constitution (Thirteenth Amendment) Act, 1962

The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment
provides also for the vesting of certain special responsibilities in the Governor of Nagaland.

The Constitution (Fifteenth Amendment) Act, 1963

The amendment raised the retirement age of High Court Judges from 60 to 62 years. It also
empowered the various High Courts to hear cases against the Union Government.

Study notes on "SOURCES OF OUR CONSTITUTION"

SOURCES OF OUR CONSTITUTION

The Indian Constitution is borrowed from almost all the major countries of the world but has its
own unique features too.

MAJOR SOURCES ARE:

1. Government of India Act of 1935

Federal Scheme, Office of Governor, Judiciary, Public Service Commission, Emergency provisions
and administrative details.

2. British Constitution
Parliamentary System, Rule of law, Lagislative Procedure, Single Citizenship, Cabinet System,
Prerogative Writs, Parliamentary Privileges and Bicameralism.

3. US Constitution
Fundamental rights, independence of judiciary, judicial review, impeachment of president,
removal of Supreme court and high court judges and post of vice president.

4. Irish Constitution
Directive Principles of State Policy, nomination of members of Rajya Sabha and method of election
of president.

5. Canadian Constitution
Federation with a strong centre, vesting of residuary power in the centre, appointment of state
Governor by the centre and advisory jurisdiction of Supreme Court.

6. Australian Constitution
Concurrent list, joint sitting of two houses of Parliament.

7. Constitution of Germany
Suspension of fundamental rights during emergency.

8. French Constitution
Republic & ideals of liberty, equality & fraternity in the Preamble.

9. South African Constitution

Procedure for amendment of the constitution and election of members of Rajya Sabha.

10.Japanese Constitution
Procedure established by Law.

11.Constitution of former USSR

Procedure of five-year plan, fundamental duties, ideals of justice in Preamble.

Anti-Defection Law

India being a parliamentary form of government and multilevel party at the different level throws an
opportunity of horse trading and game of corruption by parties in order to gain majority and form
government at different level. Member of the political parties uses the concept of party hopping in order to
gain the position offered by another party. In order to curb this concept of party hopping the anti-defection
law was passed by parliament in 1985. Anti-Defection Law is in the Tenth Schedule of the
Constitution, which was introduced by the 52nd Amendment in 1985 during tenure of Rajiv
Gandhi.
What do you mean by Defection?

Defection defined as “to abandon a position or association, to join

an another group or party”.Defection describes a situation in which a member of any particular party
abandons his position or support to another party in order to gain political position. Articles 101, 102, 190
and 191 were changed through this amendment. This amendment laid down the process by which
legislators may be disqualified on grounds of defection.

The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, introduced by the
Constitution (Fifty-second Amendment) Act, 1985 as amended by the Constitution (Ninety-First
Amendment) Act, 2003 lays down the conditions regarding disqualification, on ground of defection.

The main provisions of the Tenth Schedule are summarized below:

(i) An elected member of Parliament or a State Legislature, who has

been elected as a candidate set up by a political party and a nominated member of Parliament or a State
Legislature who is a member of political party at the time he takes his seat would be disqualified on the
ground of defection if he voluntarily gives up his membership of such political party or votes or abstains
from voting in the House contrary to any direction of such party.

(ii) An independent member of Parliament or a State Legislature will also be disqualified if he joins any
political party after his election.

(iii) A nominated member of Parliament or a State Legislature who is not a member of a political party at
the time of his nomination and who has not become a member of any political party before the expiry of
six months from the date on which he takes his seat shall be disqualified if he joins any political party after
the expiry of the said period of six months.

(iv) Provisions have been made with respect to mergers of political parties. No disqualification would be
incurred when a legislature party decides to merge with another party and such decision is supported by
not less than two-thirds of its members.

(v) Special provision has been made to enable a person who has been
elected to the office of the Speaker or the Deputy Speaker of the House of People or of the Legislative
Assembly of a State or to the office of the Deputy Chairman of the Council of States or the Chairman or
the Deputy Chairman of Legislative Council of a State, to sever his connections with his political party
without incurring disqualifications.

(vi) The question as to whether a member of a House of Parliament or State Legislature has become
subject to the disqualification will be determined by the presiding officer of the House; where the question
is with reference to the presiding officer himself it will be decided by a member of the House elected by
the House on that behalf.

(vii) The Chairman or the Speaker of a House has been empowered to make rules for giving effect to the
provisions of the Tenth Schedule. The rules shall be laid before the House and shall be subject to
modifications/disapproval by the House.

This issue of Anti-defection law was addressed by the five-judge

Constitution Bench of the Supreme Court in 1992 (Kihoto Hollohan vs Zachilhu and others). The court
said that “the anti-defection law seeks to recognize the practical need to place the proprieties of political
and personal conduct…above certain theoretical assumptions.” It held that the law does not violate any
rights or freedoms, or the basic structure of parliamentary democracy.

Presiding officer of different houses were made the sole authority to

take final decision on the matter of disqualification of any member. The law states that the decision is final
and not subject to judicial review. The Supreme Court struck down part of this condition. It held that there
may not be any judicial intervention until the presiding officer gives his order. However, the final decision
is subject to appeal in the High Courts and Supreme Court.

Recently some of the favorable decisions made by the presiding

officers in order to protect or delay the decision about disqualifying any member of his/her parental parties
or near- dear one. Recent examples of Arunachal Pradesh and Telangana has shown the loopholes of
the anti-defection law. Indian government has to consider this issues as some changes are needed to be
done in order to curb these issues. Government has to introduce the concept of time based manner of
decision making for the presiding officers in order to short the problem of disqualification and secondly the
final authority must be transferred to election commission while taking the decision of disqualification for
any member.