Indian Polity
•
Introduction
•
Basic of Constitution
•
Features of Constitution
•
Fundamental Rights
•
Directive Principle of State Policy (DPSP)
•
Fundamental Duties
•
Union Executive
•
Union Legislature
•
Union Judiciary
•
CAG & AG
•
Election Commission
•
State Legislature
•
Schedules
•
Amendments
•
Misc.
World War - I:- 1914 - 1918
India was participated in this war.
• Ends:- 11th Nov 1918
World War - II:- 1939 - 1945
Some Extra Points:India Gate:• Granite Statue of Subhash Chander Bose
Birth Place:- Cuttack (Orissa)
• Cuttack located on the Bank of Mahanadi River
(Hirakund Dam Located here (Longest Dam)
• Highest Dam:- Tehri Dam (Bhagirathi River)
• Central Rice Research Centre:- Cuttack
23 January celebrated as Parakarm Diwas
• New War Memorial:- New Delhi.
Dominion Status:Autonomous
administration within
the British empire
Equal Status with
british but allegiance
to crown
14th August 1947
Mountbatten
• Dominion of India
• Dominion of Pak
First Governor
General of free
India & Last
Viceroy of Gov. Gen of British
India
Till 26 January 1950
In Dominions Status:Army Chief & Governor General:- British
1940:- August Offer or Linlithgow’s Offer
Viceroy
Indian National Congress rejected.
• India must support us in WW - II & as a response, we will benefit
Indians in various ways like dominion status
1942:- Cripps Proposal
After WW - II, dominion Status Shall be given to India
•
•
Gandhiji refused Cripps Proposal & he said “It is post dated check of
crumbling bank”.
After that, Gandhiji gave slogan “Do or Die” (Non-Violent Basis)
August 1942:- “Started Quit India Movement”
• Most violent movement in our freedom struggle.
• Leaderless movement.
1945:- End of WW - II
In Britain, Labour party came into power, Clement Attlee became PM
1946:- Cabinet Mission:- Came to India
Members:1. Pathick Lawrence (Chairman)
2. S. Cripps
3. A.V. Alexander
—- Cabinet Mission Plan:Idea:- To prepare our own Constitution.
To make constitution we
need Constituent Assembly
(Group of Indian People)
Note:After finalisation of constitution, then transfer power will happen.
1946: Constituent Assembly
Provinces (60)
Princely States (40)
Directly ruled
by Britishers
Indirectly ruled by
Britishers
Directly ruled by the King,
Nawabs, Nizams.
Constituent Assembly Members:- 1:10 Lakhs
Purs
1 representative in constituent
assembly from every 10 lakh
population
Provinces
Princely
Indirectly
elected by the
members of
Provincial
Assemblies
Nominated member
•
Constituent Assembly Members (before Independence):- 389
•
Constituent Assembly Members (After Independence):- 299
229
(from 12 Provinces)
Gandhi Ji & Md. Ali Jinnah:- Not member of C.A
Muslim League as a
party joined C.A but
boycotted it
70
(From 29 Princely
States)
9th Dec 1946:- 1st Meeting of Constituent Assembly (In Delhi)
• Provisional President:- Sachchidanand Sinha (For 2 days)
11th Dec 1946:• Permanent President of C.A.:- Dr, Rajender Prasad
Constituent Assembly:- Partly Elected & Partly Nominated
13th December 1946:- Objective Resolution was Introduced
• Drafted by J.L Nehru
• Defined the aims of C.A.
• It also contains the aspiration and values behind the constitution
January 1947:- C.A. adopted “Objective Resolution”
— After that different committees were formed and works assigned…….
8 Major Committees were formed & Most of them Headed by:1. J.L Nehru
2. V.B Patel
3. Maulana Abdul Kalam Azad
4.Dr. Rajendar Prasad
5. Dr. B.R Ambedkar
Ex:• Fundamental Rights & Minorities Committee:- Headed by V.B Patel
• States Committee (Negotiation with the states):- Headed by J.L Nehru
Where is Committee prepared their reports and submitted to B.N Rau
Adviser to C.A. But
not member
• On the basis of these reports, B.N Rau prepared a draft.
29th August 1947:Drafting committee was constituted
7 Members
(6+1)
Last meeting of Constituent
assembly:- 24th Jan 1950
Chairman:- Dr. B.R Ambedkar
•
•
•
1st Law Minister
Father/Architect of Constitution of India
Birth Place:- Mhow (M.P)
Another 6 Members:• Alladi Krishnaswami Iyer
• N.Gopalswami Iyengar
• K.M Munshi
• B.L Mitter (Replaced by Madav Rao)
• D.P. Khaitan (Replaced by T.T. Krishnachari)
• Mohd. Sadullah
14th August, 1947:- Partition
Constitution making Committee:Headed by:- Dr. Rajender Parsad
C.A
Provisional Legislature
Headed by:- G.V Mavalankar
February 1948:Drafting committee prepared & presented “Draft Constitution”
Contains 315 Articles + 8 Schedules
1948 - Nov, 1949:-
Debates, discussion & amendments on the Draft Constitution in the C.A.
On this day 284 C.A members were
present, and they appended their
signature as constitution finally passed
26 Nov, 1949:- Also celebrated as Constitution Day
Constitution was adopted partially (Partially Enforcement)
26 January 1950:- Full Commencement of the Constitution (Full
Enforcement)
Why we choose 26 Jan?
Historical Importance:Nehru hoisted Tri - Colour flag on the bank of Ravi River in Lahore in
1930 (New Year)
Congress adopted poorna Swaraj Resolution or complete Independence
Constitution of India:- Written in Art 393
(Actual Name)
Constitution contains Preamble + Parts + Schedules
•
•
•
Based on objective resolution
Drafted by Jawaharlal Nehru
Idea preamble was borrowed from US Constitution
Originally, constitution contains:- Preamble + 22 Parts + 8 Schedules
Articles
(395)
Some part contain
chapter - Chapter
contain Articles
Presently, constitution contains:- Preamble + 25 Parts + 8 Schedules
395 Articles, around 460+
Articles
Note:Total duration of constitution framing:- 2yrs 11 Months 17/18 days
• Constituent Assembly met for:- 166 days (11 sessions)
Function of the Constitution:To provide a set of basic rules that allow for minimal coordination
amongst member of a society.
To specify who has the power to make decisions in a society.
•
•
It decides how the govt will be constituted.
A constitution is a body of fundamental principles, according to
which state constituted or governed.
To set some limits on government can impose on its citizens. These
limits are fundamental in the sense that government may never cross or
trespass them.
To enable the government to fulfil the aspiration of the society and
create conditions for a just and fair society
Note:Our constitution is not merly, a maze of rules and procedures, but a moral
commitment to establish a government that will fulfil the many promises
that the nationalist movement held before the people.
The Constitution of India is described as a “living document”
Our Constitution express the fundamental identity of the people
Basic terms of the Constitution
Constitution:- Basic law/Fundamental Law/Supreme Law
The word taken
“Good Governance”
Day:- 25th Dec. (Birthday of A.B Vajpayee”
Started in 2014
“Constitutio”
(Latin Word)
Meaning:- Orders & Regulations
Note:• Framing of any law shall be done as per the Constitution, so we can say
that constitution is “Source of Making Law”
• Constitution can be considered as “law of laws”
Constitution:- It maybe a single document (Ex India)
or
Series of Document
French political, philosopher…….
Montesquieu gave Doctrine of separation of power or Separation of Powers
3 Organ (3 Pillars of Democracy)
•
Checks &
Balances
Executive:- Applies/administer, law or to rule
the country with the help of Law
•
Legislature:- To frame or make the law.
•
Judiciary:- Settle disputes with the help of Law
As per the
Constt.
“Supremacy of the Constitution”
Note:Press considered a fourth pillar of democracy
Democracy:- Representatives are elected by the people
Demo
+
People
Cracy
Rule
Note:Democracy is the form of government of the people by the people for the
people:- This statement was given by “Abraham Lincoln”
16th US president (Republican Party)
2 Party System in US
L
&
Democratic Party
Republican Party
Symbol:- Donkey
Symbol:- Elephant
Ex:- Joe Biden,
Barak Obama
Ex:- Donald Trump,
George Bush
4 US president were assassinated
Abraham Lincoln ——- theatre
James A Garfield ———
William McKinley
John F. Kennedy ——— Shot dead when he was moved along with his convoy
1st, USA president:- George Washington
American war of Independence (1775 - 83)
USA
Vs
Led by
George Washington
(Won)
British
Led by Cornwallis (defeated)
13 American states
were British
colonies and they
initiated this war
Bureaucracy:Function:- To implement the government policy at the ground level
Government policy
Bureaucracy
Public
Distribution of Powers:For distribution at least two parties are required
Note:-
Union Govt & State Govt
“Governance” term has wide meaning, then government
Union List
In the subjects
of union list,
Parliament
shall frame the
law and
governance
shall be given
by Central/
union Govt.
State list
Residuary List
Concurrent list
In the subject of
state list, state
legislature shall
make law and
governance shall
be given by state
Govt.
On the subjects of
concurrent list,
both Parliament as
well as state
legislature can
make law, but in
case of conflict,
Parliament law
shall prevail
On the subjects of
residuary list,
Parliament shall
make law and
governance shall
be given by union
Govt.
Ex:- A.I, cyber
security, space
related internet of
things is robotics
(IOI
Legislature
# Union Legislature:- Parliament
Parliament:- Lok Sabha
+
Lower House
(House of People)
(M.P)
Bill
# State Legislature
Rajya Sabha
+
Upper House
(Council of States)
(M.P)
-
Legislative Assembly +
MLA (Member of
Legislative Assembly)
Bill
Note:-
Bill
Legislative Council
MLC (Member of
Legislative Council)
~
Bill
+
President
After
presidents,
ascent bill
become Act
Governor
After governor,
ascent bill become
act
• Law framed by Parliament shall be applicable for the whole country
• Law framed by, state legislature shall be applicable for that state only
Note:Member of Lok Sabha
Member of Rajya Sabha
Both are Member of
Parliament (M.P)
Note: 2
Presently only 6 states having legislative council:1. UP.
2. Bihar.
3. Telangana.
4.Andhra Pradesh.
5. Maharashtra.
6. Karnataka.
In India, there are total 28 states and 8 UTs (Union Territories)
Legislative assembly present in 28 states + 3 UTs
Jammu and Kashmir state was
divided into 2 UTs
Delhi
Pondicherry
J&K
Dadra and Nagar Haveli
and Daman & Diu:J & K
(Ut)
Ladakh
(Ut)
Largest City
Silvassa
Capital:- Daman
Daman located on the
bank Damanganga River
Present 8 Ut’s in India:1. Andaman Nicobar.
2. Lakshadweep.
3. Pondicherry.
4.Chandigarh.
5. Delhi.
6. Jammu and Kashmir.
7. Ladakh.
8. Dadra and Nagar Haveli
and Daman & Diu
This 2 UTs were merged
on 26 January 2020
Council of Ministers
Top portfolio
Minister group known as cabinet
ministers
Prime Minister:- Head of Council
of ministers as well as cabinet
USA Constitution:- Became
operational in 1789.
Salient features of the Constitution of India
•
•
French Constitution became
operational in 1791
Our Constitution is lengthiest written constitution of the world.
Our Constitution is “Borrowed Constitution”
Borrowed Means taking idea from other
countries.
• Various provisions of our constitution were
taken from other countries constitution & we
adopted & change it as per our requirement.
Note:• Our constitution was mainly based on GOI Act 1935
Or
British
• It is modified version of GOI Act 1935
Note:- 2: Provision borrowed from different Country Constitution:1.
2.
3.
4.
5.
Fundamental Rights:- USA (Bill of Rights)
Impeachment of President:- USA
Independent Judiciary:- USA
Independent Judiciary & Power of Judicial review:- USA
Preamble:- USA
1.
2.
Directive Principle of State Policy (DPSP):- Ireland
Method of President Election:- Ireland
1.
Fundamental Duties:- USSR (Union Soviet Socialist Republic)
Emergency Provisions —— GOI Act 1935
• but suspension of Fundamental Rights during emergency were taken
from “Weimar Constitution of Germany”
1.
2.
Amendment Provisions:- South Africa
Principle of liberty, equality, and fraternity (Brotherhood):- French
Constitution. Used as slogan in french resolution in 1789
1.
2.
Distribution of Powers between Centre and States:- Canada
Quasi federal form of Govt:- Canada
(A federal system with
strong Central Govt
than State Govt)
Federal System
3. Idea of Residuary list:- Canada
Center:Less
powerful
State:More
Powerful
1.
Concurrent list Provision:- Australia
1.
2.
3.
4.
Single Citizenship:- Britain
Parliamentary form of Govt:- Britain
Idea Rule of Law:- Britain
Institution of the Speaker & his her role Law making procedure: Britain
•
Our constitution is an “Written Constitution”
“Supremacy of the Constitution” must be
maintained
Always
Constitution > Parliament
constitution is
(Single Book)
Supreme
-
Ex:- Un - Written Constitution
(Series of Document or Collection of Laws)
Like:- China, U.K, N.Z., China, Israel, Canada
Where parliament is
free for making any
law. There are no
boundation after
making law they can
add in constitution
after making of law.
Parliament is
Supreme in series of
document
4. Our Constitution is Flexible as well as Rigid
Because amendment
provisions are there.
Under Article 368,
parliament can amend
the constitution
Because anything cannot be
amended like basic structure
can’t be amended
5. Our Constitution guarantees Fundamental Rights which are Remedial
in Nature.
Background of F.R
1927 (Simon Commission)
1909, 1919, 1929
7 Members were there and all were white people,
No Indian
• So, as a result protest were started in India
against Simon Commission.
• Lala Lajpat Rai was killed in Lathi Charge.
1928: Nehru Report was Prepared:• Committee was headed by Moti Lal Nehru.
• It was first effort by the Indians to make
constitution like document.
• F.R was demanded
March, 1931: Karachi Session of Congress
President:- V.B Patel
• Adopted Resolution on F.R & National
Economic Programme, drafted by J.L Nehru
GOI Act 1935:- Fundamental Right
Note:Remedial Meaning
• In case of Fundamental Right violation, one can challenge the
matter in Supreme Court or High Court
Under Art: 32
Under Art: 226
6. Our Constitution establishes Independent Judiciary with the Power of
Judicial Review
Note:99th Constitutional Amendment Act, 2014
NJAC:- National Judicial Appointments Commission
•
NJAC Comprising various members including
2 Political persons.
Supreme Court
& High Court
judges shall be
appointed by
President after
consultation
with collegium
system (Group
of Judges).
By using the power of Judicial Review, S.C declared NJAC as Null & Void
If executive or legislature make any decision
or law which is not as per the Constitution then
Supreme Court having power of judicial review
and Supreme Court can declare that law or
decision as “Null & Void”
(NJAC shall not
come into effect)
*** Hence, Supreme Court called as Guardian or Custodian or Protector of
the Constitution
Northern Ireland
~
Scott land
England
Wales
Britain + northern Ireland = UK,
United Kingdom
7. Our Constitution establishes Parliamentary Form of Govt & Federal Govt.
Distribution of Power between
Executive & Legislature
Executive shall be
responsible to the
legislature
Distribution of power between
Union & State Govt.
Federal System:Fully Federal System, Ex:- USA
Features:1. Dual Govt System
• (Union Govt < State Govt)
2. Written Constitution
Note:-
3.Dual Citizenship
Our constitution shows Centralising Tendency
Unitary bias or More
bias or inclined
towards union
government
4.Authority of Courts
Note:India:• Quasi federal System
———— K.C Wheare
• Cooperative Federalism ———- Granville Austin
Quasi - federal System.
Borrowed from Canada
India:• Dual Govt:- (Union Govt > State Govt)
• Union (Subjects) list is longer than State (Subjects) list
• Written constitution
• Single citizenship
• Authority of court
Co-operative Federalism
It is a combination of cooperation and interdependence between Central
and state government to ensure smooth governance of the country.
Extra Points
S1 S2 S3 S4 ………….. S13
USA
Coming together, Federation
Initially:- 13 States
Presently:- 50 States
Ex:USA, Switzerland, Australia
S1 S2 S3 …… S28
Holding together federation
(Centre is more powerful over the states)
Ex:India, Spain, Belgium
Preamble
Preamble
Parts (25)
Schedules (12)
Originally:- Preamble
22
8
Currently:- Preamble
25
12
Parts
Articles
Some part contains chapters
chapter contain articles
Preamble:- [Summary/Preface/Introduction of the Constitution]
(Written in the last but placed at First)
• It is based on Objective Resolution
“Drafted by J.L Nehru”
• Idea of preamble was borrowed from USA
• Preamble is considered as “Introduction & Summary of the
Constitution”
• Preamble contains the ideals and aspirations of the people of India.
• It is also considered as Philosophy/Key/Jewel Set/Horror-scope/Most
Precious Part of the constitution/Soul of the Constitution.
• Preamble states that Constitution derives its authority from “People
of India”
——- Preamble is Non - Justiciable
(Cannot be challenge in courts)
Preamble got amended only once:——
By 42nd C.A. Act/1976
By this amendment, lot of changes were
done in the const. So, this amendment
is also known as “Mini Constitution”
By this amendment, 3 new words were added in the Preamble:1. Socialist
2. Secular
3. Integrity
Note:- National Emergency
21 Months (1975 - 77) 25th June 1975 to 21st March 1977
PM:- Indira Gandhi (1st Indian Women PM)
President:- Fakhruddin Ali Ahmad
First Indian woman president:- Pratibha Patil
Second Indian woman president:- Draupadi Murmu
First from tribal community
Santhal Community
In 2023, she conferred with highest civilian
honour of Suriname
Lies in S.America Continent)
President:- Chandrika Prasad Santokhi
•
•
First woman Lok Sabha speaker:- Meira Kumar
First Lok Sabha speaker:- G.V Mavalankar
Ques:- Preamble is part of Constitution or not?
Explanation:-
West
Berubari Union Case 1960
(W.B)
Pak
India
Fast
Bak
Note:1971 :
Berubari lies in Jalpaiguri
In 1952, Pak started Claiming that area but
State Govt raised objection.
•
In this case, S.C said, Preamble is not
considered as part of the constitution.
Bangladah
1947:- Partition of India:Boundary btw Ind & Pak
Radcliffe line
(Cyril Radcliffe)
1973:- Keshavanand Bharti Case vs State of Kerala:Also known as “Fundamental Right” Case
• In this case Supreme Court said Preamble is an important part of the
Constitution because it helps us in the interpretation of the Constitution.
106th C.A/Act/2023:
128th C.A.Bill
1/3rd Women reservation (Including SC & ST seats) in Lok Sabha, State
Assembly, Assembly of delhi. For 15 years.
Becomes effective with New Census data
It reserves 1/3rd of all seats for women in Lok Sabha, state, legislative
assembly, and the legislative assembly of Delhi, including those reserved
for Sc & St
It will be effective after the publication of the census conducted
following the act, commencement and endures for a 15 year period
Note:Premable, tell us that the Constitution of India is given to people of
India by people of India themselves
Term used in Premable
Sovereign:- (ख़ुद में बलशाली)
•
•
•
No external power is superior than us.
We are independent
no foreign rule
Socialist (समाजवाद)
• Welfare of all, No concentration of wealth and power within few
hands.
• There must be equitable (ज़रूरत के िहसाब से) distribution of wealth
As per one constitution and as per one need/requirements
Socialism (समाज वाद) मेरे पास दो गाय है । एक पड़ोसी को ज़रूरत थी उसे दे दी ।
Communism (सब कुछ सरकार का) आपके पास गाय है वो सरकार की है क्योंिक आपकी गाय थी
थोड़ा दू ध आपको कम दाम या मुफ़्त में दे देंगे ।
Fascism (दोनों गाय सरकार ल्लेगी और उसीका दू ध तुम्हे बेचा जाएगा)
Aristocracy:- The people of the highest social class, who often
have special titles
Secular:State:- having no religion but people may have their own religion
(Country)
Democratic (लोकतंत्र):• Representative shall be elected by people
Forms Govt.
• Govt. of the country shall be run by representatives who are
elected by the people
Republic (गणतंत्र):Head of the country must be elected.
Ex:- In India, president is head of the country and shall be elected by
elected MPs and MLAs.
Country
India
USA
UK
China
Democratic
Republic
~
President:- Elected
-
President:- Elected
-
King not elected (Monarchial System)
X
China’s President:- Xi Zing Ping
U.K PM:- Keir Starmer
राजा का बेटा राजा
26th January Republic
Day:- President hoist flag.
2024 Chief Guest:- French
President Emmanuel
Macron
#Lec - 6
Justice:- “Fairness”
Republic Means:-
Social, Economic, Political
Head of the country
Elected. No hereditary
Liberty:- freedom to do Right thing
Thought, Expression, belief, Faith, Worship.
Equality:- Absence of Discrimination
Status & Opportunity
Fraternity:- Brotherhood
Unity & Integrity
“Emotional Oneness”
Note:Liberty, Equality & Fraternity:- borrowed from “French Constitution”
Trinity of French Revolution (1789 - 1799)
•
Used as a Slogan in French Constitution
14th July, 1789:- “Bastille Day”
• French Revolutionaries Stormed the bastille prison’s (Paris) & political
prisoners were released.
In 2023 Chief Guest of Bastille Day:- PM Modi (2nd Indian PM after
Dr. Manmohan Singh)
On this occasion…….
• P.M Modi conferred with “Grand Cross of the Legion of Honour” .
(France Highest Civilian & Military Honour)
• 1st Indian PM conferred with this honour.
• Dr Manmohan Singh, who attended this event as a chief guest, not
honoured.
Ques:- Identity Card of the Constitution?
Sol. Preamble
Preamble
Parts (25)
Schedules (12)
Parts
Parts
Articles
Chapters
W
Articles
Part - 1:- Art 1 - 4
India & Its Union
Part - 2:- Art 5 - 11
(Citizenship)
Part - 3:- Art 12 - 35
(Fundamental Rights)
Part - 4:- Art 36 - 51
(Directive Principal of State Policy) DPSP
Part - 4A:- Art 51A
Fundamental Duties
Part - 1
Si
S2
So
S4
Article - 1:India i.e. Bharat, shall be the Union of States
55 St
Named after bharat tribe
State can’t Secede (Separate)
Art - 3:- Parlaiment by making a law, can…...
• Increase/decrease (Diminish) the boundary of State.
• Alter the boundary of state
• Change the name of state
Geographical boundary of
the state changed, but
overall area remains
constant.
• Creation of New State
Note:Bill:On the
recommendation
President)
Not all bills start
on recomm. of
president
Sent to
concerned state
to know their
views
This view shall
not be binding
on the
Parliament
Parliament will pass it will
become Act
Art 1 + Art 3 —— States that India that is, Bharat shall be the Indestructible
Union of destructible States.
Note - 2
Formation Day
Separated from
Chhattisgarh
1st Nov, 2000
Separated from MP
Jharkhand
9th Nov, 2000
Separated from UP
Uttarakhand
15th Nov, 2000
Separated from Bihar
Telangana
2th June, 2014
Separated from Andhra Pradesh
Cap:- Amravati
Hyderabad
declared as
joint capital
for 10 years
Under development
its New Capital.
Art - 2:- Admission or Establishment of New States….
Parliament may by law admit new states into the union or establish new
states on such terms & conditions as it think fit.
Ex:• Sikkim joined India in 1975. (Under C.A. Act 36/1975)
• Goa, Daman & Diu:- Include in India in 1961 (Operation Vijay), free
from Portuguese.
Article - 4:Any law referred to in Art - 2 or Art - 3, shall Contain such provisions
for the amendment of the Ist & 4th schedule as may be necessary to
give effect to the provision of the law
1st
Name of the states
in the union of
India
4th
No. Of seats alloted in
Rajya Sabha for each
state
Part - 2: Citizenship - Article:- 5 to 11
• In India, there is provision of single citizenship
• Borrowed from British constitution
https://www.youtube.com/live/o1fc250-Ph4?
si=vtjbfzhRRN7l6tfW
Citizenship Act 1955
Amended many times 1986, 1992, 2003, 2005, 2015, 2019
J & K:- Article 370 — Dual Citizenship
J&k Ut
Ladakh UT
Current LG:- Manoj Sinha
Current LG:- B.D Mishra
1st LG:- G.C Murmu
1st LG:- R.K Mathur
In India citizenship can be attained on the ground of:1.
2.
By Birth:By Descent:- If one’s birth is in between 26 Jan 1950 to Dec, 1992 & at
that time, his/her Father was citizen.
3. By Registration:- More than 7yrs living in India
4. By Naturalization:5. By Incorporation of territory:-
Aadhar Card:- Citizenship Proof
Identity Proof/Residence Proof
Citizenship Proof:Passport
Birth certificate
Parents passport
Marriage certificate of parents
In India democracy exists at 3 levels
• Central Level:• State Level:• MCD/Panchayati Raj Institutions (PRIs):-
Day - 7
Part - 3: Fundamental Rights (Art 12 - 35)
z
Borrowed from USA’s Bill of Rights but more elaborated.
F.R. are considered as “Magna Carta of the Constitution of India”
Set of Rights or Charter passed by King John of
England in 1215 under which lot of rights were
given to common people.
F.R. are applicable for Indian Citizens but some of the fundamental
rights are applicable for foreigners as well.
F.R. are essential for overall development of an Individual.
F.R. are Justiciable but not absolute.
Can be suspended or restricted
Can be
implemented by
intervention of
courts.
Fundamental Rights
• More powerful
• In case of violation directly
changed into S.C.
• Mentioned in Constitution
• Right to Property was here
Vs
I
Legal Rights
• Passed by Act
• In case of violation, lower court,
High court & Supreme Court
• Moved here
Originally there were 7 Fundamental Rights, but presently, there are
6 Fundamental Rights.
•
•
•
•
•
•
•
Right to Equality (Art 14 - 18)
Right to Freedom (Art 19 - 22)
Right to Against Exploitation (Art 23 - 24)
Right to Freedom of Religion (Art 25 - 28)
Cultural & Educational Rights (Art 29 - 30)
Right to Property (Art 31)
Right to Constitutional Remedies (Art 32)
-
Note:By 44th C.A. Act/1978
Right to Property was deleted as a Fundamental Right & it is considered
as a legal right under Article 300 A
(Part XII)
Fundamental Rights:- Art: 12 - 35
Art: 12:
Article 12 defines the term "state" for the purpose of fundamental rights.
•
It includes the Government body and"Parliament" of India and the "Government"
and the "Legislature" of each of the states and all Local or Other authorities
within the territory of India or under the control of government of India.
Art: 13:-
Art 13 < Art 368
No law can abridge Fundamental Right
Right to Equality (Art 14 - 18)
Art: 14:- A state shall not deny to a person:• Equality before law ———————————> Law Shall be applicable equal to all.
(Borrowed from U.K)
• Equal Protection of Laws —————— > “Like should be treated alike”
Positive Discrimination. Ex:- Income tax, Reservation
(Borrowed from USA)
To promote lower section of the society & to decrease the
Gap.
Article 15:(i) State shall not discriminate on the basis of Religion, race, caste, gender.
(iii) However state can make special provisions for Women & Children.
Ex:- Women reservation act, Mid day meal.
(iv) However state can make special provisions for socially and educationally backward
classes.
(Added by 1st C.A. Act/1951)
Ex:- SC, ST, OBC’s
(v) Reservation in Educational Institutions but not in Minorities Institutions.
Socially,
Private aided, unaided Govt. Inst.
Educationally
backward classes
(vi) State can make special provisions for EWS category. Added by 103rd CA Act/2019
(ii) No citizen shall on grounds, only of religion, race, cast sex, place of birth, or any
of liability restriction on condition with regard to.
• Access to shop, public restaurants, hotels, place of public entertainment
• To use Wells, tanks, bathing ghats, roads, place a public resort, wholly or partly out of
state funds or dedicated to use general public
Article : 16
1. Equality of opportunity in the matter pf employment inder the state.
2. State shall not discriminate on the basis of race, religion, caste, sex. On the
matters of employment under the state.
• Equality of Opportunity.
4. However state can make special provisions for socially & educationally backward
classes.
Ex:- Reservation in Govt. Jobs (Positive Discrimination
6. Special provisions for EWS in state govt. 103rd C.A. Act/2019
Day - 8
-
Article: 17- (Abolition of Untouchability)
Protection of Civil Rights Act 1976
Prevention of SC & ST’s Right Act 1989
(Prevention of Atrocities (कुरुरता)
Article: 18- Abolition of Titles
Except Academic & Military Achievements
•
In 1954:- Bharat Ratna & Padma Awards
India Highest •
Civilian honour •
•
Padma Vibhushan
Padma Bhushan
Padma Shri
Challenged in S.C.
Awards & Honours Not
Titles
2
•
•
State shall not give any titles.
No Indian citizen can accept any title from the foreign govt.
*** S.C said, bharat ratna & Padma Awards are considered as Awards & Honours but
not the titles.
Right to Freedom: (Art 19 - 22)
Article: 19 (i):- Guarantees Six basic freedom to all the citizens of India
Foreigners
X
a) Right to freedom of Speech & Expression
Note:- Press work under it.
b) Right to assemble Peacefully & Without arms.
c) Right to form Unions/Cooperatives/Associations
Note:- Right to Strike is not Fundamental Right
d) Right to move freely throughout the territory of India.
Except: Some areas of India like few North East States
(ILP: Inner line permit)
Due to Protection of some
ST’s
e) Right to Settle & Reside anywhere in the Country.
f) Right to Property but deleted by 44th C.A. Act:1978
g) Right to Practice any profession or to carry on trade, business or occupation
There are some restrictions imposed on the freedoms ensured under Article 19 (i)
•
•
•
•
•
Security of a state
Defamation.
Peace and Tranquility of any area
Friendly Relation with foreign state
Public morals and decency
Article: 20:- It Prohibits
Restrictions 19 (ii) —— (iv)
Juvenile Justice Act 2016
1. Ex - Post facto criminal legislation
• No criminal law can be brought into force from a back date i.e. A person can be
punished only as per the law existing at the time of crime or offence.
2. Double Jeopardy
• No person shall be prosecuted and punished for the same offence more than once.
3. Self Incrimination of evidence
• No person accused of any offence shall be compelled to be a witness against
himself But for the purpose of investigation, various testes are allowed Narco test,
Lie detector test etc.
Note:——
Article 20 & 21 can never be suspended
even in the case if emergency
Article: 21: Right to life & Personal Liberty
Till 1978 Art - 21 has narrow Interpretation
2017: Justice Puttaswamy Case
“Right to Privacy”
Supreme Court said Right to
Privacy is an intensive part of
entire Part - III of a
constitution + Article 21
1
TRAI:- Regulator of Telecom + Internet
Telecom Regulatory Authority of India
Estd. 1997
No person shall be deprived from his Right to life & Personal liberty except the
procedure established by law.
1978:- Menka Gandhi Vs Union Case ———
“Supreme Court broadly Interpreted Art - 21.
*** Presently it is Most Inferred Right:•
•
•
•
•
•
•
•
•
•
Right to live in a healthy environment
Right to clean potable drinking water
Right to health
Right to information
Right to privacy
Right to marry a person of his/her choice
Right to live life with dignity
Right to shelter
Right to livelihood
Right to Primary Education — Added Art 21 - A
Same sex
L:- Lesbian
marriage
G:- Gay
B:- Bisexual
T:- Transgender S.C said it is not
legalised in India
Q:- Queer
Some Countries Approved it:1. Thailand
2. Nepal
3. Taiwan
Lec: 9
-
Mohini Jain Vs State of Karnataka: 1992
S.C:- “Right to Education”
Unnikrishnan Vs State of Andhra Pardesh: 1993
• S.C:- “Right to Primary Education”
• Should be/must be a F.R.
Literate Means:•
A person 7 yrs & above who can Read & Write in any of the Indian language
with proper understanding can be considered as literate.
Parliament added Art 21A by 86th C.A. Act/2002
Right to Primary Education
for children between age
group of 6 - 14 yrs
m
Sarv Shiksha Abhiyan 2011 2002
# Right to Education Act, 2009 or Right of Children to free & compulsory education Act,
• It came into effect from 1st April, 2010
Samagra Shiksha Abhiyan (National Education Mission)., 2-3 programmes were merged in
this
SSA + Rashtriya Madhyamik Shiksha
Abhiyan + Teacher Education
• Launched in 2018
• It covers pre school to class 12th
Article: 22: Protection Against Arrest & Detention
Punitive
क्राइम होने के बाद िगरफ़्तारी
• Against committed
crime.
Safeguards:•
•
•
•
Preventive
Detention law
•
Before occurrence of
crime.
m
Right to be informed
Right to be defend
Right to be heard
Right to be produced before
nearest court magistrate within 24
hour of arest
UAPA
Preventive
शक के आधार पर िगरफ़्तार कर लेना
These safeguards not applicable
to a person who arrested or
detained under preventive
detention
It talks about preventive detention, but not
more than 3 months to continue it beyond 3
months. High Court, Judges board permission
must be required.
# Preventive Detention Laws
** MISA (Maintenance of Internal Security Act, 1971) —— Repealed on 1978
** COFEPOSA (Conservation of Foreign Exchange & Prevention of Smugglings Act 1974)
** National Security Act (NSA): 1980
** TADA: (Terrorist & Disruptive Activities): 1985 —— repealed in 1995
** POTA: (Preventive of Terrorism Act, 2002) — Passed by NDA Govt. but repealed in 2004
** UAPA: (Unlawful Activities (Prevention) Act, 1967
Article: 23 - 24: Right Against Exploitation
Art: 23:- It Prohibits:-
Except:-
• Human Trafficking.
• Forced labour of any type.
• Bonded labour.
•
•
•
Social Programme
Election Duty
Census
Article: 24:
•
“Prohibition of Child Labour”
•
No Children below 14 yrs of age can be employed in any industries, mining work &
any other Hazardous Work.
Note:—
In 2017, Ministry of Labour and Employment launched Pencil platform (Platform for
Effective Enforcement of No child Labour)
****ILO (Int. Labour Orag.)
•
Estd: 11th April 1919
•
Currently, It is part of UN (United Nations) Estd in 24th Oct, 1945 (UN Day)
•
Earlier, ILO was part of LON (League of Nations) dissolved in 1946
•
HQ: Geneva (Switzerland)
•
Current ILO Director General:- Gilbert Houngbo
•
International Labour day or Maharashtra Day:- 1st May
Article: 25 - 28: Right to Freedom of Religion
Art: 25
Right to:•
•
•
•
Conscience
Profession
Practice
Propagate
Religion of One’s own Choice
Art: 26:Every religious group shall have the establish & maintain the religious Institutions.
Art: 27:
Jiziya Tax:- Religious Tax
on Non - Islamic people
• State shall not raise any tax in the name of religion
• No public money can be used for supporting one particular religion.
Art: 28:
No religious instructions can be imparted in any Govt. Institutions.
Article: 29 — 30: Cultural & Educational Right.
Art: 29:Every group which has a distinct language, script or culture of its own, shall have
the right to protect the same.
Art: 30:Every linguistic & religious minorities shall have the right to establish & maintain
educational Institutions.
Ex: Jamia Milia Islamia, University, AMU, Madarsa
Presently there are 6, Minorities in India:•
•
•
•
•
•
Muslims ———— Largest
Christians ———— 2nd Largest
Sikhs —————Buddhists
Parsis or Zoroastriam
Jains ———— Got Minority Status in 2014
Linguistic:- भाषा के आधार पर
Note:The term “Minority” is not defined in the Constitution, although linguistic and religious
minority term is used
After death Vulture Eat Dead Body:- Parsi Ritual
F.R are applicable:All F.R are applicable for Indian Citizens & Some F.R are applicable for Indian Citizens as
well as Foreigner’s (Except Enemy)
Article:- 14, 20, 21A, 22, 23, 24, 25, 26, 27, 28
Lec - 10
Article: 32: Right to Constitutional Remedies
T
Dr. B.R. Ambedkar said about Article - 32 as “Heart & Soul of the Constitution of IND”
Preamble:- Soul of the Constitution
Art - 32:- Heart & Soul of the Constitution
—— In case of violation, one can directly challenged in the matter into Supreme Court &
in this regard Supreme Court shall issue various orders, including writs in order to
protect F.R. of the people.
Strict Order (कड़ा आदे श)
Writs:- These are strict orders shall be issued by Supreme Court under Art - 32 in
order to protect F.R of the people.
Note:WRITS:- shall be issued by Supreme Court under Art - 32 as well as by High Court
under Art - 226
High Court: Having wide writ issuing power.
Type of WRITS:1. Habeas Corpus:2. Mandamus
3. Prohibition
4. Certiorari
5. Quo - warranto
1. Habeas Corpus:- “You may have the body”
• This writ Shall be issued by Supreme Court in case of Unlawful detention or arrest of
any person.
• It ensures Personal Liberty under (Art - 21).
2. Mandamus:- “We Command”
• This WRIT shall be issued by Supreme Court against those public officers who do not
fulfil their duties.
3. Prohibition:- “To Forbid”
• This WRIT shall be issued from Superior/Higher Court to lower court in order to
Stop lower court working on a case which is beyond its Jurisdiction.
4. Certiorari:- “To be informed or to be certified”
Quash:- कुचल दे ना
• Shall be issued by Superior or Higher Court to lower court in order to “quash” their
judgment on a case which is beyond its jurisdiction.
5. Quo - Warranto:- “By What Authority or Warrant”
• Shall be issued by Supreme Court against those persons who are holding any public
office unlawfully.
Article - 33:It empowers the parliament to restrict or abrogate F.R’s of Armed Forces, Paramilitary
Forces, Intelligence Officers, Police Officers & some other personnel.
Note:-
It shall be imposed on any area after Ministry of Home Affairs approval.
AFSPA ( Armed Forces Special Powers Act - 1958)
• Currently imposed in Arunachal Pradesh, Assam, Manipur, Nagaland, J&K
• Tripura & Meghalaya AFSPA free
Sharmila Iram (Iron Lady of Manipur): demand Afspa removal from Manipur, but
not fulfilled
Article: 34:• Restrictions on F.R. If Martial Law is imposed anywhere within territory of India.
Military Rule: Military will handle everything
Article: 35:Parliament to make law, to give effect to certain specified F.R. shall vests only to the
parliament but not state legislature.
Amendability of Fundamental Right:1951: Shankari Prasad Case
1965: Sajjan Singh Case.
S.C Said F.R are amendable
1967: Golaknath Vs State of Punjab
S.C Said F.R are un - amendable
24th C.A.Act/1971
Art 368 > Art 13
1973: Keshavanand Bharti Case Vs State of Kerala:
•
•
Kerala land reform Act 1970.
Regarding management of
religious place
Also known as Fundamental Right Case.
In this case Supreme Court said, Parliament can amend anything in the constitution,
but without changing its “Basic structure”
This term was not mentioned in the constitution but
interpreted by the Supreme Court
Basic Structure:1.
2.
3.
4.
5.
6.
7.
8.
9.
Supremacy of the Constitution.
Secularism.
Free & Fair elections.
Rule of Law.
Independent Judiciary with the Power of Judicial Review.
Parliamentary form of Govt. (Executive shall be responsible to the legislature)
Separation of Powers.
Sovereign, Democratic & Republic.
Welfare State
42nd C.A.Act/1976:- Anything which is amended under Art 368 shall not be challenged in
Supreme Court.
•
In this amendment, It is said the changes which are done in the constitution by using
Article - 368 state shall not be challenged Supreme Court
1980: Minerva Mill Case:• Supreme Court said In case of violation of Basic Structure, we can take
“Judicial Review”
• If Supreme Court found anything amended in the constitution by parliament
under Article - 368 is violation of constitution then Supreme Court can take
Judicial review & declare that amendment as “Null & Void”
Ex:- NJAC
Note:Doctrine of Basic Structure defined by Supreme court in Keshavanad Bhart case and
terms also. only 2 key features (Judicial Review & Balance between F.R & DPSP) were
added in Minerva Mill case
Ques:- Key features of Doctrine of basic structure were defined by Supreme Court
in Minerva Mill Case
Vishakha Guidelines:- Vishakha Vs State of Rajasthan
These were set of procedural guidelines for use in India case of sexual Harassment.
They were promulgated by the Supreme Court in 1997 and were replaced in 2013 by
sexual harassment of woman at workplace (Prevention, Prohibition & Redressal Act)
POSH Act 2013: Prevention of Sexual Harassment act 2013
POCSO Act 2012: (Protection of Children from Sexual Offence)
• Ministry of Women & Child development
• An act to protect children from offence of sexual assault, sexual harassment, and
pornography and provide for establishment for special courts for trial of such offence
and for matter connected.
Lec - 11
Part - IV Directive Principal of State Policy
Article: 36 - 51
Borrowed from Ireland
Ireland taken this concept from (Spanish Constitution)
** DPSP also shows some resemblance with Instrument of Instruction given in the
Govt. of India, Act-1935
• DPSP’s are suggestions given by the constitution makers for coming policy makers &
stating that while formulating any policy, you may follow these directives, if
required.
• DPSP’s are welfare oriented in Nature.
• DPSP’s are non - justiciable. (Cannot be challenged into courts).
# Main Objective:- To Establish “Welfare Stare”
Note:I
Dr. B.R. Ambedkar said about DPSP’s……….. “Novel Feature of the Constitution”
Granville Austin said about DPSP + F.R. “Conscience (अंतरात्मा)of the Constitution”
DPSP & F.R. collectively called Philosophy & Soul of the constitution
DPSP are “Socio - economic Rights” & if these are followed properly then establishes a
“Welfare State”
&
Preamble:- Soul of the Constitution
Art - 32:- Heart & Soul of the Constitution
DPSP & F.R.:- Philosophy & Soul of the constitution
Article - 36:The term “State” is defined similar as that of definition given in F.R (Art - 12).
Article 36 of the Indian Constitution provides a definition for The State and mentions
that the definition is same as provided in Part III.
Part IV (Article 36-51) of the Indian Constitution deals with Directive Principles of
our State Policy (DPSP). The provisions contained in this Part cannot be enforced by
any court, but these principles are fundamental in the governance of the country and
it shall be the duty of the State to apply these principles in making laws. The concept
was borrowed from the Irish Constitution.
DPSPs are positive obligations on the state, though not enforceable in a court of law.
Article - 37:DPSP’s are Fundamental Principles in the Governance of the country & it shall be
the duty of state to apply these principles in making laws.
Preamble is non justiciable
Note:Although DPSP’s are non - justiciable
but it helps courts in examining &
determining the constitution validity
of law.
Part + Preamble
S
Independently
In Case of Constitutional Interpretation
Supreme Court first refer parts & can
refer preamble also if required.
Preamble has validity when it is used in
relation with parts
Article: 38
{State to secure a social order for the promotion of welfare of the people} The State
shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political. shall
inform all the institutions of the national life.
Article - 39
The state shall make policy in such a way that.
•
•
•
•
•
There must be adequate livelihood for all.
There must be equitable distribution of Resources & Wealth
There shall be no concentration of resources & wealth within few hands.
Equal pay for Equal work.
Material & Resources of the country shall be used for maximum common good
Article - 40:State shall take steps to oragnize village Panchayat System.
1957:Balwant Rai Mehta Committee appointed by Govt. of India related to organise
Panchayat Raj System.
In the report, committee proposed 3 tier system.
1. Village Panchayat (or Gram Panchayat)
2. Panchayat Samiti
3. Zila parishad
Note:
1st Village Panchayat was estd in 1959, Nagpur (Rajasthan)
Some Committees were formed by the Govt:- Related to Panchayati Raj System
Ashok Mehta Committee (1977) - Proposed 2nd tier Sysyem.
1. Zila Parishad.
2. Mandal Parishad
• Hanumant Rao Committee (1983)
• G.V.K Rao Committee (1985)
• L.M. Singhvi Committee (1986)
At the time of P.V. Narsimha Rao, parliament passed.
73rd C.A. Act/1992:- Deals with Panchayat’s
Part IX
&
Panchayats
Schedule XI were added
29 Subjects related to panchayats (Power, Authorities & Responsibilities)
74th C.A. Act/1992:- Deals with Municipalities
Part IX - &
Municipalities
Schedule XII were added
18 Subjects regarding Municipalities (Power, Authorities &
Responsibilities)
Panchayati Raj System/Institution
Or
Local Self Govt.
Panchayat
&
Municipal-ties
Central Election Commission. Art - 324
Panchayats and Municipality election
shall be conducted by state election
commission
Article: 41
A state Shall Provide:—
• “Right to Work”
• “Right to Education”
• “Right to Public Assistance”
As per States Economic capacity
Ex:—
NREGA Act 2005:- 1st ever policy of Govt. regarding employment.
National Rural Employment Guarantee Act. In 2009, it was renamed as MGNREGA
(MG: Mahatma Gandhi)
•
•
•
World’s largest employment Guarantee Programme.
This scheme guarantees 100 days of employment to unskilled youth in Rural Area.
It comes under Ministry of Rural Development.
MGNREGA Implemented in 2006:• Anantpur ———— Andhra Pr.
• Mahendragarh ———— Haryana
• Sirsa ——————————— Haryana
Lec —— 12
-
Article: 42:The state shall make provisions for the creation of just (or fair) & human condition for
work. It also ensures maternity relief.
Ex:- Manual Scavenging.
Sufficent Wages Mile. In
human work N ho
winf
Article:- 43
di
mile
.
social (cultural
• The state shall ensure adequate wages, good life & rest to the labourers.
.
Materal
Facilit
Mi
• The state shall also endeavour to make available the various socio - cultural facilities
to the labourers.
NOW THIS IS
-
Remarkable
Article: 44: Implementation of Uniform Civil Code (U.C.C) for the citizens.
•
A state, Shall endeavour to, secure for the citizens Uniform Civil Code
throughout the territory of India.
Ex: Triple Talak, Hizab
Article: 45:
Care & Education for the children upto the age of 14 years (Earlier 6 yrs & in 86th C.A
Act 2002, it increased to 14 years).
Provisions for free and compulsory education for children. The state shall endeavour to
provide free and compulsory education for all children till they completed 14 years.
Provisions for early childhood care & education below age of 6 yrs.
Care Word defines:- Ex: Mid day meal (worlds largest child nutrition program initially
started by Tamil Nadu later, it was implemented on all over the country)
Article 48:
Organisation of Agriculture & Animal Husbandry on Modern & Scientific lines
• Prohibition of Cow Slaughter, Calves & other drought area related to cattle’s.
• Preserving & Improving the breeds.
National Dairy Research Institute:- Karnal Haryana.
Note:Norman Borlaug (USA): Father of Green Revolution in the world.
1965:- Green Revolution in India.
Idea:- C. Subramaniam ( Food & Agriculture Minister)
Father of Green Revolution:- M.S. Swaminathan
Article 48 (A):
Protection of Forests, Wildlife & Environment
Article: 50:-
=>
NOW THIS IS
Remarkable
The state shall take steps to separate Judiciary from the Executive in the Public Services
of the state.
Article: 51: Promotion of International Peace & Security.
—— The state shall endeavour to:• Promotion of International Peace & Security.
• To maintain Good, Just & honourable relations with the Nations.
•
Foster respect for Int. law & treaty
obligations in the dealing of
organised people with one another
and encourage settlement of Int.
Disputes
Imp. Articles
Art: 44, 48, 49, 50, 51
Note:Supreme Court Said F.R & DPSP’s must maintain harmony with each other but In case
of conflict F.R > DPSP
If the issue shall be related to Art: 39 (b) & (c)
DPSP > F.R
Part IV - A:- 51 A.
Added by 42nd C.A Act/1976
Fundamental Duties:• Borrowed from USSR (Union Soviet Socialist Republic)
• Non - Justiciable
• Originally fundamental duties were not mentioned in the constitution.
Currently, there are 11 F.D (10
+
1)
Added by 42nd C.A Act/1976
•
Added by 86th C.A Act/2002
It shall be the duty of every
parents to send their children to
school.
These fundamental duties are confined to citizens only and not for foreigners
Swarn Singh (Ministry of External Affairs, Defence Minister)
• Swarn Singh Committee (1976) was appointed related to F.D.
• This committee recommended 8 F.D but by 42nd C.A. Act/1976. 10 F.D were added in
the constitution
Verma Committee (1999) ———— Related to Fundamental Duty
• Identified the existence of legal provisions for the Implementation of same of the F.D
Part - V: The Union
m
~
i
n
i
Ch:- 1 Union Executive :President + Vice President + Council Of Ministers
(Including PM) + Attorney General
Ch:-2 Union Legislature
Parliament:- Lok Sabha + Rajya Sabha + President
Ch:-3 Legislative Power of the President
Art: 123: Ordinance (Law Making Power)
Ch:-4 Union Judiciary
(Supreme Court)
Ch:-5 Comptroller & Auditor General of India (CAGOI)
#Day -13
z
Chapter: 01: The Union Executive:- To rule the country with the help of law.
It comprises =
President + Vice President + Council Of Ministers +
(Including PM) + Attorney General
Executive shall be responsible to the Legislature.
Law Making
Union Legislature Means:- Shall make law within the constitution.
Parliament = (L.S + R.S + President)
President
Article: 52 - 62 & Art: 123
Article: 52:- There shall be a president for Union of India
Article: 53:President shall be the Supreme Commander of Armed Forces & all the Executive actions
of Union shall be done under his/her name.
President
Known as “Head of the State”
• Having nominal powers.
• Also known as “Nominal Executive”
Vs
Prime Minister
Known as “Head of the Govt”
• Having real powers.
• Known as real Executive
“Parliamentary form of Govt. ———— Borrowed from Britain
Ex: India
President:- Head of the Country & Head of the Govt. ——— (President form of Govt.)
Ex:- USA
Article: 54:- Election of the President
President shall be elected by an Electoral college which comprises elected MP’s &
elected MLA’s
Group of eligible voters
Direct Public Voting
Indirect Election
-
All Elected MP’s & MlA’s shall vote in President Election on Public behalf.
Note:• Nominated Members & MLC’s has no role in President Election.
Parliament:- Lok Sabha
+
Lower House
(House of People)
(M.P (सांसद))
(545)
543
Elected Members
Rajya Sabha
+
President
Upper House
(Council of States)
(M.P)
2
Anglo Indians
(Nominated by President)
Anglo - Indian Seats reservation now abolished on L.S & State
legislative assemblies by 104th C.A. act/2019
Rajya Sabha
245
233 Elected
Direct
Public
Voting
12 (Nominated by the President)
State Legislature:- Legislative Assembly +
(MLA िवधायक)
Legislative Council + Governor
(MLC)
Present only in 6 States
Elected Members Anglo Indians Elected Members
(Nominated) (Indirect Election)
Nominated
(Nominated by Governor)
President Election:Electoral College Comprises:1. All Elected Members of L.S
2. All Elected Members of R.S
3. All Elected Members of M.L.A’s
(Including elected MLAs of Delhi, Jammu, Kashmir, Pondicherry)
# Legislative Assemblies: 28 States & 3 UT’s
1. Delhi
2. Pondicherry
3. J&k
104th C.A. Act/2019
Reservation extended for further 10 yrs in L.S & State Legislative Assembly
SC
ST
Anglo Indians
Applicable till 26th Jan 2030
Extended the deadline for the cessation
of reserved seats on L.S & R.S & State
assemblies for S.C & STs from 70 to 80
yrs
No Extension for Anglo Indians
Article: 55: Method of Election of President
•
Borrowed from Ireland
PRS (Proportional Representation System) / STV (Single Transferable Vote)
The value of vote of an elected MLA in a state =
Total Population
X
Total No. of elected
MLA in that state
1
= X
1000
Total no. of MLA
in that state
• The value of Vote of Total elected MLA’s in that state = N . x
• Total value of vote of all the elected MLA :- X1 + X2 + X3 + X4 + X5 = E X
in the country
MPs vote Calculation
•
Value of vote of an Elected MP:-
EX
= y
Total No. of elected MPs
Value of vote of all the elected MPs
(LS & RS both)
n:- Total No. of elected MPs in
L.S & R.S
= n.y
Y
-
EX + Y
n
+ 1 =
Quota
I
+
V
Note:-
No. of persons to be elected
Present:- only 1, Post n = 1
In Presidents elections MLA vote value differ from state to state but MP’s vote value of
L.S & R.S remains same.
Lec - 14
Art - 56: Tenure of President
Note:-
5 Yrs (from the date of assuming the charge)
•
Renewable any no. of times.
Dr. Rajender Prasad served
as President 2 times
consecutive.
*
5:-
5:—
-
•
•
•
T
In case of death
If president shall resign.
In case of Impeachment.
• Presidents tenure shall be extended
beyond five years, if the newly elected
president is unable to assume the
charge
President
If president seat shall remain vacant, vice president shall act as president.
Vice President
If both President & Vice President seats shall
remain vacant, then CJI shall act as President.
Chief Justice of India (CJI)
If all 3 Seats shall remain vacant then senior
most Judge of S.C. shall act as president.
Senior Most Judge of Supreme Court
•
•
President shall resign to Vice - President & Vice Versa.
Impeachment of President shall be initiated only on the ground of violation of
Const. Borrowed from USA
Art: 57: Eligibility for President Re - Election
Art:58 Qualification for the Post of president
•
•
•
•
A citizen of India
At least 35 years of age
Should be eligible to become member of Lok Sabha
Should not hold any office of profit
Not well defined in the const.
It is Interpreted to be a position that brings to the office holder, some financial gain
or advantage or benefit.
Election Rules:Nomination Paper:•
It is a paper filled by candidate to contest the election
•
Shall be submitted to Central Election Commission
Candidate should be supported by 50 +
Proposer
•
50 =
100 voters
Seconder Eligible voters in president
election
Security deposit ₹15,000, this amount shall be forfeited if the candidate get less
than 1/6 of the total votes
Note:Any dispute related to President, Vice President
elections shall be challenged to S.C
Art: 59:The president shall not be a member of either house of parliament or any state
legislature.
If he/she is member of parliament or state legislature the he/she must vacate
his/her seat in the house before became president.
Art: 60: Oath or Affirmations by the President.
• CJI shall administer oath to president.
• If CJI shall not present, then senior most judge of Supreme Court shall
administer oath to President
CJI
Oath
President
Oath — Administer
President
Oath
Vice - President
Award & Honour — Confer
•
Supreme Court as well as H.C Judges shall be appointed by the President
but oath shall be administered by:So far,
impeachment
S.C Judge Oath:- President
has never been
initiated on any
H.C Judge Oath:- Governor
president
Art: 61 Method of Removal of President, (Impeachment of President)
• It shall be initiated on the ground of violation of the Constitution
• For presidents removal, the resolution shall be initiated by either house Lok Sabha or
Rajya Sabha
Signed by at least 25% member of
that house
• The initiating house can send a 14 day notice to the President
• Within 14 days, if President shall not resign, then after 14 days, the initiating house
shall vote on the resolution and it needs special majority (2/3rd) to pass it.
• After passing from one house, then the resolution shall be sent to the another house
for investigation where the president have “right to defend”.
• If the second house is not satisfied by the President reply, then the house may pass
the resolution and it needs special majority to pass
• After that, President shall be removed.
Powers of President
• President shall address both the houses (LS & RS) Jointly or separately on 2
Occasions:1. 1st Day of Budget Session.
2. After each General Election.
Parliament 3 Sessions in a year:1. Budget Session ———— Longest
2. Monsoon Session ————
3. Winter Session ————— Shortest
2024:- 18th Lok Sabha Election
• All the executive actions of the union shall be done president’s name.
• President shall be the Supreme Commander of Armed Forces.
• President shall enjoys various powers, including pardoning powers. (Art - 72)
Art - 72:
>
Pardon:- Complete removal of Sentence
Commute:- Decrease nature of sentence
Respite:- Special Ground (Some type of Relief)
Remission:- Decrease duration of sentence
Reprieve:- Stay on Sentence.
The President shall have the power to grant pardon, respite, reprieve or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any
offence.
In all the cases where the punishment or sentence is by a court martial (defence court).
In all the cases where the punishment or sentence is for an offence against any law
relating to a matter to which the executive power of the union extends.
In all the cases where the sentence is a sentence of death.
Article: 123: Law Making Power of President
By passing ordinance (अध्यादे श).
(Temporary Law)
President can also issue ordinance when there is no session ongoing
Maximum life of an ordinance, 6 months + 6 weeks
Max. Gap btwn 2 Consecutive Sessions: 6 Months & within 6 weeks of session
starts if the ordinance shall not be passed by parliament then automatically it
lapses.
Note:President can issue ordinance when there is ongoing parliamentary session or any
one house is not working.
Some Facts:•
Salary, etc, shall be decided by Parliament and are charged upon consolidated
fund of India, CFI
•
Current salary:- ₹5,00,000 lakh per month
•
Dr Rajendra Prasad served as president two times
•
Zakir Hussain and FA Ahmed died in office
•
Neelam Sanjeeva Reddy elected as president un opposed in 1977, earlier served
as Lok Sabha speaker two times
•
Delhi and Pondicherry, MLAs, first time participated in president election in 1997
•
In case of vacancy, vice president, shall act as President and the election
procedure for new president must be completed within six months
Lec - 15
-
Vice - President:Art - 63:— There shall be a Vice - President of India.
Art - 64:— Vice president shall be the Ex: Officio chairman of Rajya Sabha
Art - 65:— In case of vacancy, Vice - President shall act as President and he/she shall
enjoy all the powers and privilege of President post but at the same time he/she shall
not hold position of Vice - President & R.S. Chairman post.
(In that case, Deputy
Chairman of R.S. Shall
act as chairman)
Art - 66:Vice - President shall be elected by electoral college by the same PRS/STV system.
Consist of Total MPs only
(Elected + Nominated)
L.S - 543
R.S ———— 245
233
(Elected
12
(Nominated)
Qualifications:•
•
•
•
Citizen of India
At least 35 years of age
Should be eligible to become member of Rajya Sabha
Shall not hold any office of profit
u
MXC
Election Process:•
Nomination paper shall be supported by 40 voters (20 proposals + 20 seconders)
and it shall be submitted to Central Election Commission.
•
Security deposit ₹15,000
•
Security deposit shall be forfeited if he/she receives less than 1/6 of the value of
votes
Art:67
Tenure of Vice - President: 5 yrs ( Renewable) any no. of times
•
Before completion of tenure, Vice - President may resign in the name of President.
•
Salary and allowances, etc, shall be decided by Parliament and charged upon
consolidated fund of India, (CFI)
•
Present salary ₹4,00,000 per month
•
Oath of office to the vice president shall be administered by President
•
He gets salary for being the chairman of Rajya Sabha
Election for next vice president shall be completed before the end of tenure however, in
case of vacancy as soon as possible (No binding of 6 months as in the case of president)
Election for next, vice president shall be completed before
end of existing vice president. In case of vacancy, Election
shall be done as soon as possible, No binding of 6 months.
CJI
President
President
Oath
Oath
Resign
President
Vice - President
Vice - President
Im
Removal of Vice-President
suchment
He shall be removed by the member of Rajya Sabha initiated by Rajya Sabha only by
passing a resolution of effective majority after serving a 14 days notice to vice president,
and after that resolution must also be passed through Lok Sabha
Simple
ent
majority A
Effective Majority = Total - Vacancy + 1
2
R.S:- Total Strength 245
Vacant: 5
(Death/Resign)
symembe
2
Note:1969:- M. Hidayatullah (CJI):•
•
He acted as a president because both seats president/vice president were vacant.
Later on, he also became vice president & then also acted as President.
Article - 74 - Council of Ministers (मंत्री मंडल):- Headed by Prime Minister
Comprises:• Cabinet Ministers:- Top Rank Ministers
• Ministers of State:- Independent Charge or Otherwise
• Deputy Ministers
“Cabinet” —— Headed by PM
Real Govt/Real Policymakers
Real head of Govt.
Cabinet Secretariat:- Ultimately Headed by P.M.
Functionally headed by Cabinet Secretariat (Top Bureaucrat)
(Senior Most IAS of the Country)
Function:- To maintain coordination among the ministers & to manage
Administrative work.
Art: 74 •
There shall be a Council of Ministers with PM at its head to give aid & advice to the
president but president shall not bound by such an advice.
42nd C.A. Act/1976 (Mini Constitution):- President must be bound by advice of C.O.M
44th C.A. Act/1978:- President shall return this advice once C.O.M for reconsideration.
Article - 75 - Prime Minister.
1. PM shall be appointed by the President.
•
PM shall be elected by the people but selected by the party & all other ministers
shall be appointed by the President on the advice of PM.
•
Oath to PM and other Minsters shall be administered by President.
Art75 (iii):
However, the council of minister shall be collectively responsible to Lok Sabha & A minister
shall be individually responsible to the President.
If PM resigns the whole council of minister has to resign, that’s why it is “said council of
minister swim together, sink together”
Art75 (v):
A minister, including PM who shall not become the member of either house within
6 months of assuming the charge, so he/she shall not continue as minister at the
end of 6 months.
L.S (M.P)
Voting
R.S
(M.P)
Vote
MLA
State Election
Art 78:
It shall be the duty of the PM to furnish all the information regarding the affairs of
Union to the President
It is called as “Right to information” of the President.
Art 76 Attorney General of India
Lec - 16
3
•
A person who is eligible to become Supreme Court judge shall be appointed as
attorney general by president
•
No fixed tenure, and he shall serve on the pleasure of president
•
As per convention, he shall resign when the government changes at Centre
•
No salary, but he gets fixed amount as fees
•
He shall give legal advice to the President on the legal matters, and he shall also
perform all legal functions for union government that is representing the
government in courts
•
Attorney general called as first law officer of the country and he shall be assisted
by solicitor general + 4 additional solicitor general (total No: 6)
•
He shall take part in proceedings of both the houses (Lok Sabha & Rajya Sabha) he
have right to speak also in the house, but cannot vote because he is not the
member of Lok Sabha and Rajya Sabha
•
Attorney general represent union government cases in the courts, but he shall not
take any case against the central government
•
He can act as a advocate and can continue his private practice also.
PM, Minister
6 month grace
period to became
member of any the
house
AGOI
Vote X
Present AGOI:- R. Venkatramani
1st AGOI: M.C Setalvad
Present Solicitor General :- Tushar Mehta
1st Solicator General:- C.K Dapthary
Union Legislature:- Shall make law as Per Constitution
• Shall be applicable for the whole country
2 Houses
State
L.S
Legislative Assembly
Bicameral Legislature
R.S
Bicameral Legislature
Legislative Council
State
Legislative Assembly ——— Unicameral Legislature
Lok Sabha or House of People (L.S)
• Also known as Lower House or Temporary
House or Popular House.
Can be dissolved
L.S. Tenure: 5 Yrs
L.S. Member Tenure:- 5 Yrs
L.S Member
Direct Public Voting
Art 79:- There shall be a
Parliament, which comprises
Rajya Sabha + Lok Sabha +
president
L.S Chairman:- Known as Speaker
Assisted by Deputy Speaker
•
Speaker & Deputy Speaker shall be elected from among the L.S. Member themselves
Lok Sabha Seats:-
Rajya Sabha or Council of states
As per the constitution
Also known as upper house or permanent house
or house of wisdom or house of elders
530 ——— Seats
20 ————— UT’s
2 ——————— Anglo Indian
R.S Tenure:- Indefinite
(Nominated
by
President)
552
R.S. Member Tenure:- 6 yrs (1/3 of the member
shall retire or elected in every 2 yrs)
At Present
530 ————— States
Rajya Sabha Seats:Elected
13 —————— UT’s
Present L.S. Strength:- 543
UP R.S. Seats:- 31
Maha R.S. Seats: 19
L.S (Lower House)
Voting
R.S:-
Member Tenure
1
— x 2
3
6 yrs
9 yrs
UNSC
1
— x 1
2
Vote
MLA
State Election
• Assisted by Deputy Chairman (Shall be Elected from
among the members)
Rajya Sabha Seats: As per the Constitution
2 Yrs
238 ————— States + Some UT (Delhi) (Elected)
3 Yrs
12 —————— Nominated by President from the
field of Art, Social Service,
250
Science, literature
ECOSOC:1
— x 1
3
R.S (Upper House)
R.S headed by Chairman (Vice - President of India)
ICJ
1
— x 3
3
Can never be
dissolved
Present Strength
233 ———— Elected
Note:L.S Speaker & R.S Chairman have only Single Casting Vote
(In case of Tie). Not vote in Normal Voting
12 —————— Nominated
245
Type of Bill
1. Ordinary Bill
2. Constitutional Amendment Bill
3. Money Bill
4. Financial Bills
Joint Session of L.S & R.S
(Shall be headed by Speaker
Deputy Speaker
Deputy Chairman of R.S.
Speaker & Deputy Speaker shall resign to each other
Speaker ——————— No Oath
Protem Speaker:- Appointed by President
(Temporary Speaker)
• Oath to Protem Speaker by President
• Protem Speaker shall administer oath to newly elected lok sabha MP’s
Extra:New Parliament Building under Central Vista Project
Architect:- Bimal Patel
Lok Sabha Theme:- Peacock
Rajya Sabha:- Lotus
z
Tata
Banyan theme
L.S
Leader of the house:- PM Narendar Modi.
Leader of the Opposition:- Rahul Gandhi
R.S.
Leader of the house:- J.P Nadda
Leader of the Opposition:- Malikarjun Kharge
Lec 17
z
Types of Majority
Type of Bills
1. Simple Majority
2. Special Majority
3. Absolute Majority
4. Effective Majority
1. Ordinary Bill
2. Constitutional amendment bill.
3. Money bill.
4. Finance bill.
1. Simple Majority
More than 50% of Members present & Voting
Ex:- Lok Sabha
L.S total strength : 543
Member Present: 500
Abstain from voting: 60
Member Present & Voting: 440
Simple Majority Needs 440/2 + 1 = 221 For passage
Ex: Rajya Sabha
Total Member: 245
Member Present: 200
Abstain from Voting: 40
Member Present & Voting: 160
Simple Majority needs: 160/2 + 1 = 81
Quorum:- Minimum Strength required to start the house.
1/10 of the total Strength
Quorum
L.S Quorum: 55
R.S Quorum: 25
-
&
Special Majority
It needs 2/3 rd of the members present in voting + It also achieve more than 50% of
total strength of that house.
50% of L.S total
Strength:- 272
L.S total Member: 543
Member Present: 500
Abstain from Voting:- 80
Member Present & Voting:- 420
140
&Xo
=
280
2807272
E
Ex: 2
If member present & Voting: 360
Xy
240
2401272X
Ex: 3 Rajya Sabha
50% of R.S total
Strength:- 123
Member present & Voting:- 210
-
140
Xo
1407123
i pass
2
Absolute Majority:More than 50% of the total strength of the house
Vacancy: death/resign
Effective Majority:- Total - Vacancy + 1
-
2
Absent X
Budget Session (Feb —— May):- Longest Duration
Monsoon Session (July ——— Sep)
Winter Session (Nov ——— Dec):- Shortest Duration
Lok Sabha
11:00 Am ——— 12:00 Pm:- Question Hour
12:00 Pm ——— 01:00 Pm:- Zero Hour
I
Rajya Sabha
11:00 Am ——— 12:00 Pm:- Question Hour
12:00 Pm ——— 01:00 Pm:- Zero Hour
Question hour:In this hour member of the house may ask any question to the govt by giving prior
notice to the L.S speaker or R.S chairman
Zero Hour:• Hour Just after the Question hour
• In this time member of the house can raise any issue of national importance
without giving prior notice
Article - 85 :.- President Enjoy 3 Powers
• Summoning of the house
• Prorogue the house
• President shall dissolve the lok sabha
Adjourn
Adjournment Sine Die
No Confidence Motion:- Not mentioned in the constitution but written in the Lok Sabha
Rule No. 198
No confidence motion shall be initiated in lok sabha only against the Council of
Ministers (Ruling Party).
It needs simple majority for its passage
If it gets passed, entire COM resign
Steps of No Confidence Motion
1. Any member can send notice to the speaker.
2. Then Speaker shall admit this notice if at least 50% members of the house are in
support to initiate the No confidence motion.
3. Then date shall be finalised for discussion. In which opposition frame charges &
PM or any cabinet minister shall answer against that charges.
4. Within 10 days date will be finalised
5. Finally voting has to be done & if this motion got simple majority, then council of
minister should resign.
Type of Bills
1. Ordinary Bill:• It needs majority of its passage.
• These bills can be initiated by either house.
Lok Sabha
Rajya Sabha
Bill - Bill
President
Return for
Assent
Pocket Veto
(Approval) reconsideration (For indefinite time)
(Only Once)
Ex: Pocket Veto
Postal Amendment Bill 1986:- Giani Zail Singh used pocket veto
In Case of Ordinary Bill:If one house passed the bill the 2nd house can pass or amend or reject the bill.
Joint Session:• In case of deadlock over an ordinary bill or financial bill president shall
summon both the houses.
• Shall be conducted in the case of ordinary bill or financial bill. (If one house
passed the bill but pending in 2nd house).
• Bill needs simple majority for its passage.
• Shall be presided by:-
n
L.S speaker
Deputy Speaker
Deputy Chairman of Rajya Sabha
Chairman of Rajya Sabha/Ex officio of R.S/Vice President
Lec. - 18
2. Constitutional Amendment Bill:- under 368 Parliament can amend anything in the
constitution without changing its basic structure
• Can be initiated by either house
Type of Majority Required to pass C.A.B
1. Some type of C.A.B needs simple majority of L.S & R.S
Ex: Article - 3 related issues like name change of the state, boundary of the state
2. Some type of CAB needs Special Majority of L.S & R.S
3. Some type of CAB needs Special Majority of L.S & R.S
+
More than 50 % of states approval.
Ex: Federal Matter like,
•
•
•
•
Change in lists
Change in legislative powers of L.S & R.S, Leg. Assembly, Leg Council.
Change in Method of Election of President.
Change in Article 368
In case of Dead Lock:- No Provision of Joint sitting is there
President has to give his assent to C.A.B
• No Written for re - consideration
• No Pocket Veto
Union Budget
Shall be practically presented
by Finance Minister but on
the orders of President
(Constitutional Duty)
Economic Survey
Prepared by office of
economic Advisor under the
direction of Chief Economic
Advisor.
I
Work under Finance Ministry
2017: NITI AAYOG
formed a committee
under the chairmanship
of Bibek Debray:- Merger
of General Budget +
Railway Budget
Economic Survey published or
released by Finance Ministry
Present Chief Economic
Advisor to the Govt:V.Anantha Nageswaram
PM economic advisory
Council (PMEAC),
Chairman, Bibek Debroy
Article - 112
The President shall cause to be laid before the house (L.S & R.S) an Annual financial
statement showing estimated expenditure and income for the year
Union Budget/General Budget
It shall be the duty of president that there must be presentation of
Annual Financial Statement every year in the house.
Note:In case of failure of Union Budget it is considered same as losing confidence of
parliament on the Govt. & under such condition PM has to submit resignation of his
Council of Ministers
Annual Financial Statement
Contain 2 Bills
Appropriation Bill
Related to Expenditure
Finance Bill
Related to income
Financial Year:- 1 April 2024 to 31st March 2025
Estimated Committee: Works on Budget Estimation
• Largest Committee of Parliament
• It Comprises 30 Members (All from lok Sabha)
• No minister shall be member
Other Parliamentary Committee:PAC (Public Account Committee)
• Consist 22 Members: 15 Lok Sabha & 7 Rajya Sabha. It is a Joint Parliamentary
Committee
• Minister shall not be the member.
• PAC is headed by Leader of Opposition (This post is not mentioned in the
constitution) but shall be recognised by Speaker of L.S & Chairman of R.S.
Main Opposition Party:• If any party shall get at least 10% seats of that house.
• Leader of opposition having status of cabinet rank
Public Undertaking Committee
Union Budget
Introduction
Committee Works on
Budget: Prepares Report
Debates Discussion
Vote
Appropriation Bill Pass
Appropriation Act
(Parliament allows union govt.
to withdraw money from CFI
Finally, finance bill has to be passed. (Finance Act)
Note:Income > Expenditure
(Fiscal Surplus)
Income < Expenditure (Fiscal Deficit) Ex India
Article - 116: Vote on Account
“Interim Budget” or “Mini Budget”
It is a temporary permission given by the parliament to the Govt. withdrawal of money
from CFI before approval of final budget.
Join
fitting
3. Money Bill:- Article - 110
• Money matter like CFI/loans/taxes
• It is a bill which deals with one or more matters given under Article - 110
• Speaker Certify whether the bill is money bill or not
• Money bill shall always be initiated in lok sabha first on the recommendation of
President.
• R.S has no real power on money bill.
• R.S. cannot amend or reject money bill.
• At the max, R.S. can give suggestions to the L.S. on money bill but L.S. Shall not
be bound by such suggestions.
• Within 14 days R.S. has to pass money bill. If not passed it is considered as
passed.
• Money bill needs Simple Majority.
• President cannot return or withhold money bill he has to give his Assent/Approval
4. Financial Bills: These bills deals with one or more matters given under
Art- 110
(One or more than one matters)
Money bill
+ Same matters outside Art -110
+
Some matters
outside Art 110
Finance bills shall be initiated like money, Bill and then followed like Ordinary Bill
Joint
Sitting
Article - 102 - Disqualification of MPs (L.S + R.S)
Clause - i
•
•
•
•
Non - Citizen
Unsound Mind
Insolvent (Asset < Liabilities)
Office of Profit.
Disqualification shall be decided by
President on the advice of election
commission
Clause - ii
• MPs shall be disqualified on the grounds of defection
In this disqualification, decision shall be taken by
Lok Sabha MP —— Lok Sabha speaker
Rajya Sabha MP ———— Rajya Sabha Chairman
Anti-defection law
Given in schedule X added by 52nd C.A. Act/1985.
Defection Grounds
•
•
•
•
If any member resign from his political party
If independent member joins any political Party
If nominated member joins any political party
If member votes against WHIP (Strict order) issued by his party
2 Exceptions
• In case of merger of political parties (2/3rd of the party split)
• In case of speaker (Single Casting Vote)
Lec - 19
UNION Judiciary
State level Judiciary
High Court
Supreme Court
Guardian of the Constitution, Custodian of the Constitution or final interpreter of the
constitution.
•
•
Indian Judiciary is an Single Integrated/Independent System.
It means there is no control of Govt. Over the courts & the courts shall be/must
be run by courts only.
Supreme Court
High Court
Session court/Sub Ordinate Court
•
•
•
•
S.C & H.C Judges shall be appointed by President
Oath to Supreme Court (Incl.CJI) Judge shall be administered by President
Oath to High Court Judge shall be administered by Governor
Retirement age: S.C Judge 65 Yrs & High Court Judge: 62 Yrs
Supreme Court: Art - 124
Art : 124 (i)
There shall be a Supreme Court which comprises CJI + any no. of Judges which
parliament may decide
Presently there are 34 Judges (CJI + 33 Judges)
This no may be changed by the parliament
Presently: D.Y Chandrachud
1st CJI: Harilal J. Kania
only ↑
de
are
Note:
GOI Act 1935
1st April, 1937: Federal Court of India
28 Jan 1950: Supreme Court of India (Started working from parliament building)
In 1958, separate building was estd.
Art 124 (ii):Every judge of S.C shall be appointed by President after consultation with
collegium system.
With any No. of judges
It comprises CJI + 4 other senior most Judge of S.C)
which he deems
necessary
— Presently every judge of S.C shall be appointed by president in consultation
with CJI who further consult 4 other senior most Judges of S.C.
Collegium System:- CJI + 4 Senior Most judge of S.C
Decision: Shall be binding on the President
Art - 124 (iii)
Qualification of Supreme Court Judge
•
He must be a citizen of India having at least five year of experience as a Judge
of Single High Court or two or more High courts in succession.
9
GR
•
at least 10 year of experience as a advocate in High Court or two or more high
9
courts in succession
OR
•
A distinguised jurist
Art: 124(iv):- Removal of S.C Judge
•
On ground of:*Proved Misbehaviour
* Incapacity
• Regarding removal of S.C Judge, either house can initiate the resolution & it needs
special majority for its passage.
• If lok sabha initiate the procees notice must be signed by at least 100 members and
the notice shall be submitted to lok sabha speaker.
• If Rajya Sabha initiate the process, the notice must be signed by at least 50 member
& shall be submitted to R.S. Chairman.
Lok Sabha Speaker & Rajya Sabha Chairman having authority to reject the notice
• If L.S Speaker or R.S chairman admit the notice, then they shall appoint investigation
committee (Judges Inquiry Act, 1968).
• After that resolution needs special majority in initiating house & then send to another
house. In 2nd house also the resolution needs special majority.
• Finally after passing from both the houses, it send to president for assent.
Ex: 1993:- V. Ramaswami (SC Judge)
Impeachment process started but failed.
Article: 127: Ad - Hoc Judges
Shall be appointed in the case of lack of Quorum/Strength (Bench of at least
5 Judges)
The chief Justice of India, with the permission of President, of consultation
with the chief justice of High Court may appoint a judge of that High Court
to work as a judge of Supreme Court
Article - 128 - Retired Judges
In case of increasing workload, the CJI with the permission of president may request a
retired Supreme Court or High Court judges to work as Supreme Court judge
Art 130:
The seat of Supreme Court shall be in Delhi or at any other place as the CJI and
present may decide from time to time
Note:• Supreme Court judge may resign in the name of president
• Oath of official shall be administered by the President
• salary, etc, shall be decided by Parliament and charged upon CFI consolidated fund of
India
• A retired Supreme Court judge shall not practice as an advocate in any court
Jurisdiction of S.C
•
•
•
•
•
Original Jurisdiction
Appellate Jurisdiction
Advisory Jurisdiction
Revisory Jurisdiction
Cases by SLP (Special Leave Petition)
PIL (Public interest litigation)
Borrowed from USA
Introduced in India by Justice P.N. bhagwati in 1985
PIL can directly be filed either in High Court or Supreme Court but only for
public welfare issues not for individual cases
It can be filed by any public spirited Citizen
High Court
Ex: Judge Removal:- 2012 Justice Soumitra Sen (Calcutta H.C)
He resigned before completion of removal process
Supreme Court.
MP/MlA election dispute
Comes under H.C Original Jurisdiction
Union vs State
State vs State
President, vice - president election dispute
H.C Writ Jurisdiction:-
F.R
Legal Rights
•
•
Rights Flowing from parts-other than Part - III
Passed by parliament/state Leg. By Making acts/laws
Art - 148 - Comptroller & Auditor General of India (CAGOI)
•
•
•
•
•
There shall be a CGOI who shall be appointed
by the President & he shall be removed on the
like grounds & in the like manner as that of
S.C Judge is removed.
Tenure: 6yrs/65yrs of age (which ever is
earlier)
Current CAG: G.C Murmu
First CAGOI:- V. Narhari Rao
Oath to CAGOI shall be administered by president
CAG shall resign to President
Salary (Almost equal to S.C Judge) and allowances etc shall be decided by
Parliament and charged upon consolidated fund of India CFI.
•
•
•
CAG shall not be appointed.
After retirement, CAG shall not hold any government position
CAGOI, the person who have vast experience in public affairs
CAGOI Function:• To Audit all the accounts/expenditure of the Govts. (Centre as well as state Govt.)
& their Allied departments to make a report & that report shall be sent to/
submitted to president/governor
In Case of
Centre
In Case of
state
• It shall be the duty of President/Governor to send this report to the concerned
legislature
•
•
Parliament
State Legis.
In Case of
Centre
In Case of
State
With in the legislatures, there is a PAC (Public Account Committee)
PAC shall examine the report & shall prepare summary of this report with the help
of CAG.
PAC - 22 Members
15
7
L S
RoS
.
Chairmas :
Leader of Opposition
Any Minister shall not be the member of PAC
•
PAC shall submit its report/summary to the house (Parliament/State Leg.)
On the basis of this summary/report, discussion shall be held in
the house
Note:CAG: also known as
A Friend Philosopher & Guide to PAC
Or
Eyes & Ears of PAC
Or
Guardian of Public Purse
Or
Financial Watchdog
Emergency Provisions:Borrowed from Govt of India Act 1935, but during emergency suspension of fundamental
right borrowed from Weimar Constitution of Germany
1. National Emergency: Art: 352
2. State Emergency: Art: 356
3. Financial Emergency: Art: 360
National Emergency: Art: 352
If the president shall be satisfied that there exists some threat to the security of the
country due to any following 3 reasons:1. War
2. External Aggression
3. Armed Rebellion
Earlier it was “Internal Disturbance” but by 44th C.A.
Act/1978 it changed to Armed Rebellion
Then president shall issue proclamation & the emergency shall imposed on where or
same part of the Indian territory for 1 Month & Such proclamation must be passed
within 1 Month of issuance of proclamation by the parliament with special majority &
then the emergency shall be imposed for 6 months.
Can be extended any No. of times but always in
the units of 6 months by parliament’s approval
It can be extended any no. of times until the
revocation of emergency by the presidents order
on the recommendation of council of ministers
Or
If the resolution passed by the Lok Sabha in
this regard.
Imposition of Emergency
Revocation of Emergency
-
L.S
R.S
L.S
R.S
Ex:3 Instances of National Emergency
1. 26th Oct 1962:- Ladakh & NEFA (North East Frontier Alliance) Current (Arunachal Pr.)
On the ground of External Aggression
1954: Panchsheel (5
Principles of India - China
Friendship) agreement
was signed between J.L.
Nehru of Zhou Enlai
India - China War
2. 3rd Dec 1971:- Indo - Pak War:- Result- Bangladesh Formation
PM: Indira Gandhi
3. 25th June, 1975:On the ground of “Internal Disturbance”
1971 Elections:- Indira Gandhi Party got full Majority
Slogan: Gareebi Hatao
J.P Narayan Started Total Resolution in 1974
Or
Bihar Kranti
Or
Sampoorna Kranti
To avoid elections, emergency was imposed .
1977 Elections:- Janta Party won the elections & Morar Ji Desai became 1st
Non - Congress PM
Effects of National Emergency
State Govt. Shall be bound by the administrative
direction of the union, even on the matters of state list
i.e. Unitary system.
State list
Concurrent list
• State Legislature shall make law under the
supervision of Parliament or Parliament itself, make
law on the matter of state list.
(It means straight list became concurrent list)
• No effect on courts (Judiciary)
• Tenure of Lok Sabha, Legislative Assembly shall be
extended by Parliament approval for one year at a
time. (Only No. of times unit emergency is revoked)
Effect on F.R.
• Article - 19 automatically suspended. But not in the case of Armed Rebellion
War
-
External Aggression
Armed Rebellion
•
•
-
X
Other F.R. Shall be suspended on the present orders.
by 44th Constitutional amendment act 1978, article 20 and 21 shall never be
suspended
Note:
By 44th C.A. Act/1978:Advice given to the President that the emergency orders should be written and
must be signed by the whole cabinet
Lec - 21
Art - 365 - State Emergency
Failure of Constitutional Machinery
Governor Shall sent report to President
If president shall satisfy on the Governor’s report then He/
she shall issue proclamation & such proclamation must be
passed by parliament by simple majority within 2 months of
the issuance of proclamation
By parliament’s passage, state emergency shall be imposed
for 6 months & can be extended for another 6 months if
required
On parliament’s approval
To continue state emergency beyond 1 year, it can be extended for another 2 yrs on the
6 Months x 4
2 grounds:• National Emergency
If it shall be certifies by the election commission that to conduct elections on that state
shall not be possible due to some difficulties
Presidents Proclamation:- 2 Months
Parli.
6 Months
6 Months
#+ 2
an
Further Ext.:- 2 Grounds
6 Months
6 Months
6 Months
6 Months
ear
Effect of State Emergency
In the state emergency, state government shall be dismissed and governor shall take
the charge and run the state on the behalf of president
(Homini
State Assembly shall be dissolved or put under Suspended Mode. State Assembly cannot
make law.
State list shall become Union List. It means Parliament shall make law on the subject of
state list.
No effect on F.R.
Note:• Maximum No. of times State Emergency was imposed in UP.
• 1st time emergency was imposed in Punjab (1951)
1994:- S.R Bommai Case
C.M of Karnataka
•
•
Secularism is part of basic structure of Constitution
Federalism is part of basic structure of constitution.
# Centre State Relations
1988: Sarkaria Commission
2006: M.M Punchi Commission
e
Inter state council
Art
Chairman: PM
Permanent body
Dr. BR Ambedkar Said about Art - 356 as “A Dead Letter”
Art 356 Should be the instrument of last recourse for a state
Article 356 shall also be imposed in a state after the election. No party obtained
absolute majority
Article: 360 - Financial Emergency
1990 - Gulf War
1991 - Disintegration USSR (Union Soviet Socialist Republic)
USA vs USSR (Cold War 1946 - 91))
Threat to Economic
Security
Central Election Commission (CEC)
Art: 324
1 Chief Election Commissioner
Present: Mr. Rajiv Kumar
+
2 Election Commissioner:-
1st CEC:- Sukumar Sen
1st Woman CEC:- Rama devi
Present:- Gyanesh Kumar, Sukhbir Singh Sandhu
initiation
&
sion
Note:State Election Commission Shall Conduct Election of:- Panchayats & Municipalities
Lec - 22
Art: 326:- Adult Suffrage
Right to vote in election
18 yrs voting age (Earlier it was 21 but by 61st
C.A. Act/1988 it was reduced from 21 to 18
Art 280 Central Finance Commission
Function:- to give advice to the president on the matter like:• Distribution of taxes b/w Centre & State
• Grants in Aid to state
• how to increase resources in the state, so that more funds shall be allocated to PRI
15th finance commission 2020-25:Chairman :- N.K Singh
Current
16th finance commission
Chairman :- Arvind Pangarhya
1st finance commission 1951:Chairman :- K.C Neogy
Constitutional Body:- Mentioned in the Constitution under any article.
Ex: UPSC, EC
Statutory Body:- estd under Act - Ex: RBI, SEBI, IRDA,
Extra Constitutional Non Statutory Body:- Planning Commission, (Now known as Niti
Aayog) NDC (National Development Council)
Lec - 23
Part - VI State Legislature
Art - 168 - There shall be a state legislature which comprises a Governor & Legislative
Assembly & Legislative Council.
153
*
Legislative Assembly present in 28 States + 3 UT’s (Delhi, Pondicherry & J&K)
Legislative Council Present in 6 States Only
1. UP
2. Bihar.
3. Telangana.
4. Mahara.
5. Karnataka.
6. Andhra Pradesh.
In 2010, Tamil Nadu Leg. Council was
disbanded.
Rajasthan, West Bengal, Odisha, Pest
resolution for the creation of
legislative council, but it is pending
before the parliament.
It need simple majority for approval
Art - 169 - Parliament having authority to create/abolish, legislative council for a state if
state shall pass resolution in that regard.
In Parliament, it needs simple majority for passage
Art - 170 - There shall be State Legislative Assembly which comprises not more than
500 and not less than 60 members directly elected by the people.
“First past the post”
Ex: UP 403 Members
Note:-
Sikkim, Mizoram & Goa assemblies having strength less than 60.
T
Joined in
Joined in
1987
Joined India
in 1965
Comes under India's
Control
Goa, Daman & Diu:- 1961 operation Vijay by Indian
Army against Portuguese)
1967
by
136th C A/Act)
.
• Leg Assembly Speaker, Deputy Speaker shall be elected from among the members
themselves
• No confidence motion shall be initiated in state legislative assembly against the
council of minister
Legislative Assembly
Bicameral leg. (Only in 6 States)
Legislative Council
Uni - cameral
Leg. Assembly only present
I
State Leg. Assembly :- lower House/Temporary
House. Can be dissolved.
Tenure - 5Yrs
Member Tenure: 5 Yrs
COMs shall be collectively responsible to state legislative assembly but Individually
responsible to governor
Oath to CM & other Minister Shall be administered by Governor
Legislative Council:- Upper House
• Can be abolished, but not dissolved
Member Tenure:- 6 Yrs. 1/3 Member shall retire every 2 years
The total strength of legislative council shall not exceed nearly 1/3rd of the total
strength of legislative assembly of that state & must not less than 40.
Yo <
Strengths Lego Assembly
d of the
t
strengtho
o
Leg. Council shall be elected
** 1/3rd of the members shall be elected by Local Bodies (PRI’s)
Center
R S
.
↑
↳
State
MLA
Local Bodies
(Panchayab/
Munci )
.
** 1/3rd of the members Shall be elected by elected MLA
** 1/12th of the members shall be elected by Teachers Constituency
(Atleast 3Yr Min. Experience & not lower than Secondary Class)
** 1/12th of the member shall be elected by Graduate Constituency
Remaining members shall be nominated by Governor from the field of art, social service,
science, literature, cooperative movement CLAsS
Election Method PRS/STV Method
Legislative assembly + legislative council
MLA
MIC
Council of Ministers including CM should be member of any of the house within six
months
Leg. Council
&
Removal : Effective
majority
otal-vacant
Chairman & Deputy Chairman shall be selected from among the member themselves
Speaker & Chairman having only Single Casting Vote (In case of tie)
Art - 165 - Advocate General for the state
• Shall be appointed by governor
• Shall be eligible to become High Court Judge
• No fixed tenure, Shall be serve on the pleasure of Governor
• Shall give advice to Governor on the legal matters & representing state govt. Cases
in courts
• Advocate general can take part in proceedings of the house, but he tried to speak
also, but can’t vote because (Non - Member)
Lec - 24
State Reorganisation
565
Instrument of Accession
Operation Polo:- 1948
• Inclusion of Hyderabad in India
1948:- SK Dhar Committee
Recommendation:- State Re-organisation shall be based on Administrative connivence
rather than linguistic basis
Rejected linguistic basis for state formation
Dec 1948:Commission
L
= L Nehar
JVP Committee:- It was appointed to assess the recommendation of Dhar
W
VoB
Patel
V
Pattabhi
Sitaramaiah
JVP Committee submitted its report in April 1949. Committee said this is not the right
time to for state organisation.
1953:- Fazal Ali Commission
Fazal Ali + KM pannikar + HN Kunzru
Submitted report in 1955. State reorganisation shall be done on the basis of linguistic
criteria, linguistics factors & some other factors
Fazal Ali Commission recommendation were accepted by 7th C.A. Act 1956
“State Reorganisation Act” was passed by the parliament
14 states + 6 UT’s were formed
1st State
Andhra Pradesh crated from Tamil Nadu
Art - 340:• The president may order time to time to appoint a commission to investigate the
condition and background of backward classes
1953 :- Kaka Kalelkar commission:- first backward class commission
Recommendation did not apply
1979:- Mandal commission or socially and educationally backward classes
Commission SEBC. 2nd backward class
— Recommended OBC reservation 27%
V.P singh govt implemented it in 1990
Note:SC, St + OBC reser. :- 49.5%
•
Indra Sahni challenge the mandal commission and government decision in the
Supreme Court.
Indra Sahni case, also known as mandal commission case
In this case, Supreme Court said maximum reservation can be 50% of the
educational seats and job vacancies and creamy layer of income will be applicable.
•
•
•
2017:- Justice G rohini commission
Sub categorisation among the OBC
presentLimitahlea
Theory Part
Art 78:
It shall be the duty of the PM to furnish all the information regarding the affairs of
union of the President
It is called as “Right to information” of the President.
Art 76 Attorney General of India
A person who is eligible to become Supreme Court judge shall be appointed
appointed as attorney general by president
No fixed tenure, and he shall serve on the pleasure of president
As per convention, he shall resign when the government changes at Centre
No salary, but he gets fixed amount as fees
He shall give advice to the President on the legal matters, and he shall also
perform all legal functions for union government that is representing the
government in courts
Attorney general called as first law officer of the country and he shall be
assisted by solicitor general +4 additional solicitor general (total No: 6)
He shall take part in proceedings of both the houses he have right to speak also,
but cannot vote because he is not the member of Lok Sabha and Rajya Sabha
Attorney general represent union government cases in the courts, but he shall
not take any case against the central government
He can act as a advocate and can continue his private practice also.
Present Attorney General: M. Venkat Ramani.
Ist AGOl: M.C Setalvad
&
Present Solicitor General: Tusha Mehta
Ist Solicitor General: Chander Kishan Daphtary
Union Legislature
There shall be a Parliament
Which consist of Lok Sabha (house of people)
Rajya Sabha (council of states)
President
Lok
As
Sabha
per the
Total
No.
constitution :
of Seats
552
:
50seaty
Electis
Anglo Indians Anglo Indians
Current
Strength
530
13
2
.
of Lok Sabha
State 3
Elect a
Anglo Indians
A
Present Sth
constitution 250 seats
238 >
12 -
the
245
233-elected
elected
nominated
.
by 12-
president
Nominated
.
Art : 81
* Tenure: 5 Ye
Lok Sabha
known
as
*
.
as
Bakeracted
known
among the
L
assisted
by
Deputy Speaker
*
L.S
can be
dissolved
S
&
known
Syre
House/Temporary House/ Popular House
Lower
Chairman :
memba time :
L S
as
Upper
so
from the
L S Member .
.
it is called
"Temporary House"
house/permanent house / House ofelders/
house
of wisdom-
&
Headed
by
man
&
LVice President)
assisted
by
uty chairman
(among the Members) .
Rayya Sabha shall
So it
is
never
.
called as "Permanent House"
R S member Tenure :
.
be dissolved
Gyrs
-
E Jud
I
of the members shall
be elected in
2yrs3
every
Council of states or Rajya Sabha
Also called as upper house or permanent house or house of elders or house of wisdom
Tata
Central Vista
New
-
?
Bimal Patel
redevelopment
project
L
.
S :
RoJ
-
Parliament building ) Architect :
.
Peacock theme
:
Lotus theme
other :
Banyan Theme
.
Art 80: R.S Composition
Not more than 238 members shall be elected by elected MLAs by PRS/STV
system as per the seats allocation given in schedule 4
12 members shall be nominated by the President from the field of art,
literature, science, social service
AGOI
&
Any minister Who is not member of either of the including PM house, but
having six months time to be a member
Can take part in processing of both the house, but cannot vote
Have right to speak also
Art 83:
Rajya Sabha as a house has no tenure. It can never be dissolved. That’s why
it is called permanent house.
Members Tenure: 6 years (1/3 member of the shall retire in every 2 year)
Art: 84
Qualification of R.S Member
Citizen of India
At least 30 years of age
No office of profit
a registered voter
Officers of R.S
Chairman: vice president of India, not the member of Rajya Sabha
Deputy Chairman: Art 89
Member shall elect among themselves
Art:90
Removal of Deputy Chairman by effective majority after serving 14 days notice
Panel of chairman, shall we be appointed by chairman.
Rajya Sabha Secretariat:- headed by secretariat general IAS of Rajya Sabha
Administrative Head of R.S. secetrait
&
Works under control of chairman
Special Powers of R.S
Art 67: Removal of Vice President
Art 249: Parliament shall make Law on any matters of state list if Rajya Sabha
member shall give permission by passing bill in that regard
Resolution
Art: 312:- Creation of a new all India service like IAS IPS IFS etc
Parliament can create a new all India service if members of Rajya Sabha shall
passed a resolution in that regard.
Other Powers:No emergency shall be continued beyond one month without Rajya Sabha
concurrence
No, Constitutional amendment shall be possible without its concurrence
& Chairman
JPC
Joint
Parliamentary
Committe
:
Leader of
opposition
.
Presently :
Ex : PAC
Adhir
Paryan
(Public Account Committee)
Chaudhary
.
22 Members
15
Los
*
*
7
RoJ
Any
Minister shall not
be member
.
Estimate
Committe :
so member
All from
Lok Sabha
.
of PAC
.
Article 81:- Lok Sabha comprises
Total strength: 552
Art 366:- A person whose father or any of whose other male progenitors in male line is
on way of european descent, but who is domiciled within the territory of India, and is on
was born within the territory of parents habitually resident therein and not estd. There
for temporary purposes only.
Art 83:Tenure of Lok Sabha: 5 years
Lok Sabha member tenure 5 years (renewable)
Before five year term completion, Lok Sabha shall be dissolved by the President
However, Lok Sabha member may continue beyond five-year if the emergency is imposed
before at the end of Lok Sabha, tenure
Parliament can extend Lok Sabha term for one year at a time any number of times until
emergency is resolved
Art 84:- Qualifications to the L.S. Members
Citizen of India
At least 25 years of age
A registered voter
No office of profit
Officers of Lok Sabha:Art 93:- The member shall choose two members among themselves
Speaker
Deputy speaker
Art:94:- both of them shall be removed by effective majority Lok Sabha after serving
14 day notice
R S
↳
Chairman
Speake
.
Dep
Dep Speake
Chairman
.
.
↓
effmay
D S
.
L.S Eff. Majority
.
Note:Article 94 used earlier two times, but failed in case of :1. G.V Mavalankar (first speaker of Lok Sabha)
2. Balram Jakhar
&
#
52s
legislature
Bicameral
R S
.
States
Bicameral
leg Assembly
&
Legislature leg Council
.
.
.
-
U P Bihan
.
Unicameral
leg
Legislature
1st
Women
.
Telanga And n
Assembly
L S
.
Speaker :
,
,
Mahan
Meira Kuman
,
Karna
Speaker of Lok Sabha:Called as head of the house or guardian of power and privileges of members
Protem speaker:- temporary speaker
Shall be appointed by the President to preside the house till the new speaker shall took
the charge
Oath to protem speaker shall be administered by president
Note:There shall be no oath to the administered to the speaker
Protem speaker shall administer to the oath to the newly elected MP’s
Leader of the house: Prime Minister
Leader of opposition:- Majority party leader (Rahul Gandhi)
Special power speaker:
•
Representative of the Lok Sabha
•
Guardian of the power and privileges of the members
•
Speaker shall certifies a bill to be a money bill
•
Speaker shall preside joint sitting of the Parliament
(Not Chairman of R.S)
Note:As per the convention, speaker may resign from his political party to show is unbiased
ness towards all the party, but it is not mandatory to resign
Lok Sabha, Speaker and Rajya Sabha Chairman have only single casting vote power
Only in case of tie
They cannot participate in normal voting in the house
Speaker and Deputy speaker shall resign to each other
Speaker shall continue his position before beginning of next Lok Sabha
Type of bill
Headed
Ordinary bill:- Joint Session
Chairman
by Speaker
of R 5
deputy Speaker
.
deputy chairman of R S
.
Constitutional amendment Bill:- Joint Session
Money, bill:- Joint Session
Finance bill
Lok Sabha Secretariat:- deals with administrative work of Lok Sabha under speakers
supervision
Headed by Secretariat General of Lok Sabha
Appointed by Speaker
int Secretariat : Functional Head : Cabinet
·
Secretary
Head P M
.
·
Function
R S
. Secretariat :
.
-
(Head : Chairman)
·
L S
.
Secretrait :
(Head
Speaker) .
of RoS
Function
Head : Secretrait General
.
Head
Sec
Geneal of L
.
S
.
Special powers of Lok Sabha:No confidence motion shall be introduced and passed only in Lok Sabha against ruling
party. Mentioned in Lok Sabha rule number 198, but not given in the constitution
A parliamentary motion which is moved in the Lok Sabha against the entire Council
ministers, stating that they are no longer deemed fit to hold positions of responsibility
due to their inadequacy in some respect or their failure to carry out their obligations
Money bill shall always be introduced in Lok Sabha, first always
Emergency shall be revoked by the president on the recommendation of Lok Sabha
alone
Estimates Committee:- 30 members all from Lok Sabha. It is largest Parliamentary
committee for budget estimation
Article: 85
President: Shall Enjoy 3 Powers under this article
*Summon the Houses
L
*Prorogue the Houses
.
S & D S
.
L S & R S
.
.
*Dissolve the Lok Sabha
3
i)
i)
Session in
a
year
But
Session
:
-
Feb-may
longe
a
Monsoon Session : July to Sep
↑
Sitting
i
Winter
Session :
NovSitting
Shortut
Summoning : Session Starting
&
Pronogation Session End
:
Sitting
Adjournment Since dir
starts when Quoru
is
last
complete
End
Sting
99
known
as
"Adjournment
Quorum :
sitting
Session end
of
by
every
this turns
L 2 Sth .
.
543
L S : Quorum :
.
&S:
R
~
Quorum :
minimum 5th
the
house
/10th Quorum
S
↓
RS
Question
Question
How
How
(Prior Notice)
and
2
hour
-
(12 pr
-
Ipm)
=
=
55
25
required to start the proceedings of
Proceedings
stone
1/10th Quorum
zeo how
Prior Notice X
Zeohour
.
Under article 85, president shall enjoy three powers
(i) The President shall summon the house in such a way that the gap between
the last sitting of one session and the first sitting of next session shall not be
more than six months.
(ii) President shall the prorogue session.
(iii) President shall dissolve the Lok Sabha.
Note:The first hour of the sitting of Lok Sabha and Rajya Sabha
Question hour 11 AM to 12 PM
In this member, may ask any question to the government by giving prior notice to the
speaker of Lok Sabha or Chairman of Rajya Sabha
The second hour of the session of Lok Sabha Rajya Sabha
Zero hour 12 p.m. to 1 PM
Any important issue of national importance can be raised without giving prior notice
Article 102:- Disqualification of MP’s: L.S & R.S
•
Non-citizen of India
•
Office of profit
•
Unsound mind
•
Insolvency liabilities > assets
•
Under any other law, like an defection law
People’s representation act 1951:- if any MP shall be punished by court for more than
two years, then he or she shall be disqualified
*
*
Article 108:Joint sitting ( In case of Ordinary Bill) of Parliament shall be called by the President on
the recommendation of Council of ministers. When there is deadlock over a bill between
the two houses and such a bill shall be voted jointly and it needs simple majority to
pass it.
Ex:
•
•
•
Dowry prohibition Bill (1961)
Banking Bill (1978)
Pota (2002)
Speaker shall preside the joint sitting if not present, then shall be presided by Deputy
speaker. If deputy speaker is not present, then deputy chairman of Rajya Sabha.
Simple
Majority
More than 50 %
:
of present &
Voting
Es
S
Simple Majority
Simple
*
*
Effective
Majority
Simple Majority
Ex
:
.
Total-vacancy + 1(Ex(45
2
-
absent :
I
More than 50 % of present
voting
543
43
Total Member
present :
Mayority TotalSth
:
500
+ I
5+
2
Lok Sabha
Total Sth :
Absolute
:
Majority
50
+1
25
1)
Special Majority :
More
than
+
# must be
Lok
than
more
of presentI
50 %
voting
of total Absolute
Majority
543
=
members present &
voting -420
:
140
& xo
Absolute
L S
.
2
543
&>
x
.
27
a
43 absent
Voting
Member present <
2
280
Majority : 272
total
140 Not
:
to 120
3
=
voting
240
:
360
.
240272 X (Bill not
passed)
.
Article 112: (Union Budget)
Annual financial statement
2017 on the recommendations of
Bibek Debras committee railway
budget + General budget merged
I
• Economic Survey: Prepared & released
by finance ministry
• Union Budget: February 1st week
• Financial Year: 1st April to 31st March
Note:PMEAC (PM economic Advisory Council)
Chairman: Bibek Debroy
Economic Advisor to the Govt.:- V. Ananth Nageswarm
Annual financial statement
Expenditure: Appropriation Bill
Income: Finance Bill
If passed by the parliament it becomes
appropriation act.
(Last Stage)
It gives permission by the parliament to
the Govt. to withdraw money from CFI
(Consolidated Fund of India).
Ist
April- 31st March 2024
2023
Feb
It
Art 116
April 202n
30th
April 2024 to
·
Vote on
-
about there so
What
Jist March 2025
days
.
.
Account
-
100 %
V
CFI
Also known mini Budget on Interim
give temporary budget
will be
adjusted.
after
Budget
passing
the
budget it
*It shall be the duty of president that every year there must be presentation of annual
financial statement in the house.
•
If Expenditure > Income
Budget Surplus
•
If Expenditure < Income
Budget deficit
Note:•
In case of failure of annual budget presentation, it is same as losing confidence of
Parliament on the government. Under such condition. PM shall submit the resignation
of council of ministers.
———— There is no provision of joint sitting in the case of:•
•
Money bill
Constitutional amendment bill
Art 116: Vote on Account
•
It is temporary permission given by the Parliament to the government to withdraw
that money from consolidated fund of India before the approval of final budget
•
Also called as mini or interim budget
Bills:•
there are 4 types of bills:-
1. Ordinary Bill:• Can be initiated by either house.
• it needs simple majority for its passage in Lok Sabha & Rajya Sabha both.
• Lok Sabha and Rajya Sabha having equal powers on ordinary bills to pass/
amend/reject.
• In case of deadlock:- joint sitting called by the president. Joint sitting also
needs simple majority to pass the bill.
• Finally bill send to President
L
Assent
(Appeoral)
V
Return
For recomm
only
Return
&
Withhold
L Pocket vetol
conce
Assent
Withhold
*
Giani
Ex :
Zail
Singh used pocket veto many times
postal amendment bill
(1981)
.
.
2. Constitutional Amendment Bill:•
Under article 368, parliament can amend anything in the constitution but without
changing its “Basic Structure”
•
Can be initiated by either house.
•
It Needs special majority for its passage.
•
In case of deadlock:- No joint sitting provision is there.
•
President shall give his/her assent. No pocket veto, cannot return.
•
No joint sitting.
Note:•
some of the constitutional amendment bills need approval of more than 50% of
legislative assemblies of states and Uts approval
3. Money Bill (Art:110) Taxes/Loans/CFI/Budget
•
it is a bill which deals with one or more matters given under article 110
•
Speaker has two certify whether the bill is money, bill or not
•
Money bill shall always be introduced in Lok Sabha on the recommendation of president
•
After Lok Sabha, then this will send to Raja Sabha and within 14 days Rajya Sabha
has to pass money bill
•
Raja Sabha have no real power on money bill that is Rajya Sabha cannot or reject
money will
•
Rajya Sabha can give suggestion to L.S but the suggestions are non binding on Lok
Sabha.
•
if Lok Sabha amend the bill or not, the bill need not be required to send to Rajya
Sabha again
•
money bill need simple majority for its passage
•
finally, the bill sent to President and the President cannot written or withhold it. He
must has to give his assent approval.
4. Financial Bills
Art- 110
(One or more than
one matters)
•
Money
+ Same matters
outside Art -110
Financial bills
.
Financial bill initiates like money bill and then followed like ordinary bill
bill 5
.
R S
L S
.
.
Head :
Speaker
Leader of the House : JP Nadda
Leader of
the house :
Pom
Leader of
Rahul Gandhi
oppositition :
·
Chairman
Mallikarjun Kharge
Cabinet Rank"
Note:Main opposition Party:•
•
A party, which secured at least 10% of total seats in that house
The leader of main opposition party is the leader of opposition. Leader of
opposition states having cabinet rank status in hierarchy.
•
leader of the house:- leader of rulling party
Union Judiciary
Union
State Judici
Judiciary
High Court
Supreme Court
v
V
Total No of Judge
.
C
:
+ 33
Total
High Court in the
Country
presently
after
S C
.
.
C
.
Chandarchud
.
.
.
Judge Oath : President
.
Judge Oath : Governor
Retirement
Age
.C :
S
65ym
H C:
62 Yes
-
25
H C
(Ind (JI)
.
D
:
:
Judge shall be appointed by President
Collegium System (Contain Judge)
.C &
S
H
ary
·
:
•
Indian judiciary is integrated or independent, no interference of government.
•
Indian judiciary is an single integrated system means no control of government or
courts and courts must be run by court only
•
Supreme Court called as “guardian of the Constitution”
or
custodian of the Constitution
or
final interpreter of the Constitution
Art: 124 (i):- there shall be a Supreme Court, which comprises chief Justice of India
+33 judges
May change by Parliament
Presently, CJI:- DY Chandrachud
First CJI :- Hari Lal Jai Kanya
Art 124(ii)
•
Every judge of Supreme Court shall be appointed by the President in
consultation with CJI, who consult with other senior most judges of Supreme
Court
•
Collegium system :- CJI +4 seniormost judges of Supreme Court
•
Supreme Court judge retirement age 65 years.
•
Collegium system suggestion shall be binding on the president.
Art:124(iii):- Qualification to become S.C Judge
•
He must be a citizen of India having at least five year of experience as a High Court
judge or two or more High courts in succession.
•
At least 10 year of experience as a advocate in High Court or two or more high
courts insuccession
•
A distinguised jurist
Art: 124(iv):- Removal of S.C Judge
•
On ground of:*Proved Misbehaviour
* Incapacity
Impeachment:• In this regard, the resolution shall be initiated by either of the house and it needs
special majority for its passage.
• If Raja Sabha initiates the process, the notice must be signed, by at least 50
members and shall be given to chairman
• If Lok Sabha initiate the process, then the notice must be signed by at least
hundred members and finally submitted to speaker.
• After that chairman or speaker shall appoint a committee for investigation under
judges enquiry act 1968 and after that resolution needs special majority, its
passage.
• Finally, it needs president approval.
Ex: 1993:- V. Ramaswami (SC Judge)
Impeachment process started but failed.
Art: 127 Ad- Hoc Judges
•
Shall be appointed in case of lack of quorum (bench of at least five judges)
&
•
The CJI with the permission of president and in consultation with the chief Justice of
High Court may appoint a judge of that High Court to work as judge of Supreme
Court.
Art: 128: Retired judges
In case of increasing workload, the CJI with the permission of president may request a
retired Supreme Court or High Court judges to work as Supreme Court judge
Art 130:
The seat of Supreme Court shall be in Delhi or at any other place as the CJI and
present may decide from time to time
Note:• Supreme Court judge may resign in the name of president
• Oath of official shall be administered by the President
• salary, etc, shall be decided by Parliament and charged upon CFI consolidated fund of
India
• A retired Supreme Court judge shall not practice as an advocate in any court
Jurisdiction of S.C.
• Article 131- Original Jurisdiction: original jurisdiction exclusively meant for
Supreme Court.
First hearing of Supreme Court.
Deals with issue like:Case between union and state government or between states and state government.
Violation of fundamental right shall also comes under it.
Any type of dispute in president vice president, president election
Article 132 - Appellate Jurisdiction:Shall be filed in Supreme Court through appeal on judgement of High Court .
Article 136:- Cases by SLP (special leave petition)
Supreme Court can lift any case from any court, if it shall be satisfied that its
intervention is required in it.
It is considered as wide power of Supreme Court.
Supreme Court can also review its decision (if review petition is filed)
Article 143:- Advisory jurisdiction of Supreme Court
Under this, Supreme Court may give advice to the government or president
recommendation
Supreme Court shall not be bound to give such advice.
Ex:- 1993 Ayodha Case
PIL (Public interest litigation)
Borrowed from USA
Introduced by Justice P.N. bhagwati in 1985
Can directly be filed either in High Court or Supreme Court but only for public
welfare issues not for individual cases
High Court
State level Judiciary
Art: 214- There shall High Court for a state and Ut, but it does not mean within each
state and Ut.
Art 216:- every High Court comprises a chief justice and such no judges as the
President may decide from time to time
Art 217:- Every judge of High Court shall be appointed by the President with the
consultation of:•
Chief Justice of India and CJI shall consult with two senior most judges of
supreme Court
•
Chief Justice of High Court
•
Governor of the state
•
High Court judge, retirement age, 62 years
Qualification of become High Court judge
•
•
•
A citizen of India.
At least 10 year of experience in judicial office in India.
At least 10 year of experience as an advocate in High Court.
Removal of High Court judge:- mentioned in article 217
•
judges shall be removed on the like grounds and in the like manner as that of
Supreme Court judge removal
Note
•
like Supreme Court High Court also having original and appellate jurisdiction
Art 226:• Writ jurisdiction of High Court.
• High Court can issue writs in the case of violation of fundamental right as well as legal
rights.
Ex:
•
•
•
Right to property right to vote under article 300 A
Right to information (15 June 2005), right to education (legal and fundamental right)
Right to privacy (F.R)
-
Supreme Court said:Right to privacy is an intrinsic part of entire part-3 of the Constitution + article 21
Right to privacy is a fundamental right
The writ jurisdiction of High Court is wider than that of Supreme Court
F.R + legal rights
F.R only
Art: 231:Parliament can establish a common High Court for two or more states and UT’s and
Parliament may also change it.
Ex:•
•
•
•
•
Andaman & Nicobar - Calcutta H.C (Oldest High Court).
Lakshadweep - Kerala High Court
Pondicherry - Madras High Court
Dadra and Nagar Haveli + Daman & Diu - Bombay High Court
Chandigarh - Punjab and Haryana High Court
Art: 231:•
Parliament can establish a common High Court for two or more states and UT’s
Ex:•
•
•
Guwahati High Court - for Northeast states (Assam + Arunachal Pradesh + Nagaland
+ Mizoram)
Punjab and Haryana High Court - Punjab + Haryana + Chandigarh
Bombay High Court - Maharashtra + Goa + Dadra and Nagar Haveli + Daman and
Diu
Total High Court in the country : 25
22, 23, 24 : Meghalaya, Manipur Tripura
↳ Latest HoC
25th High Court :- Amravati High Court (Andhra Pradesh)
Art 241:•
Parliament can create a separate High Court for a UT, but the only having
separate High Court in Delhi.
UT
Union Territory
Shall
be nver
by
Lieutenant
Governor
on
3
Shall beappoin
a
Administrato
Note:• High Court Judge shall resign in the name of president.
•
Oath of office to the High Court judge shall be administered by Governor of the
states.
•
Salary and allowances shall be decided by Parliament and it shall be charged upon
consolidated fund of state CFS.
•
A retired High Court judge shall not act as an advocate in any court except Supreme
Court and other court.
1 Art 2201
CAGoI (Comptroller & Auditor General of India)
Art: 148
Present CAG : G.C Murmu
First CAG: V. Narshari Rao
•
There shall be a CAGOI shall be appointed by president and he shall be removed
on the like grounds and in the like manner as that of Supreme Court judge is
removed (impeachment)
•
Tenure:- 6 yrs/ 65 yrs of age (which ever is earlier)
•
He shall be a person who have vast experience in public affairs.
•
He may resign in the name of president.
•
Salary and allowances shall be decided by Parliament and it shall be charged
upon CFI. It is almost equal to Supreme Court judge.
•
He shall not hold any post under the government after retirement.
•
He shall not be reappointed.
•
Oath to CAG shall be administered by the President.
•
•
CAGOI Function:To audit all the accounts expenditures of governments and their allied departments
and to make a report, and then the report shall be submitted to president/governor
In case of
Center
•
In case of
State
After that, it shall be the duty of President/Governor to send the report to
their respective houses.
President sends the report to
Parliament & Governor send the report
to state legislature
•
Within the Parliament/state legislature, there are various committees including
public accounts committee (PAC)
'PAC in Parliament comprises 22 members
L
It is an JPC
Lboth the member of the
houses
15
7
[S)
(RoSI
minister shall not
be the member of PAC
•
PAC shall examine the report and prepare its own report/summary with the
help of CAG on which the discussions shall be held in the house.
•
PAC summit its report to the Parliament/state legislature
-
Centre
•
CAG, also known as
financial watchdog
or
eyes and years of PAC
or
guardian of public purse
or
a friend philosopher or guide to PAC
State
Emergency Provisions:Art 352:- National Emergency
There are 3 types of emergency:National Emergency - Art 352:If the President shall be satisfied that there shall exist some threat to the national
security of the country due to any of three reasons:•
•
•
War
External aggression
Internal disturbance:- later replaced by “Armed Rebellion” by 44th Constitutional
amendment act 1978
•
Then President shall impose emergency on the whole or some part of the country
by issuing a proclamation, and such proclamation shall be passed by both the
houses by Special majority within one month of its issue.
•
If passed, then emergency shall be continued for six months, and it can be
extended any number of times, but always in the unit of six months until it is
revoked by the president. (It can be revoked if the cabinet or Lok Sabha says now
the condition is normalised)
•
•
•
Borrowed from Govt. of India Act 1935.
F.R. gets suspended during National Emergency - borrowed from Germany.
In case of national emergency F.R. gets suspended except article 20 and art 21
shall never be suspended.
Note:3 instantaneous of national emergency:•
•
•
20 October 1962 :- Indo China war: Ladakh and NEFA (Northeast frontier alliance)
1971: Indo Pak war or Bangladesh war.
1975 - 77:- emergency was imposed by Indira Gandhi in the whole country on the
ground of internal disturbance.
Declared by president, FA Ahmed
I
Later, this term was replaced by 44th Constitutional amendment act 1978 by
Armed Rebellion
Effects of National Emergency:•
State government shall be bound by administrative directions of the union government,
even on the matters of state list.
i.e. Unitary System.
•
A state legislature shall make Law under the supervision of Parliament or law shall be
made by Parliament itself. It means state list shall become con list because both can
make law.
•
No effect court (judiciary).
•
In case of national emergency, the term of Lok Sabha and Rajya Sabha member shall
be extended.
•
Article 19 shall also be suspended in the case of national emergency. except in case
of “Armed Rebellion”
•
Other fundamental right shall be suspended on the order of president.
Changes:By 44th C.A. Act/1978:•
Advice given to the President that the orders of the emergency should be written
and must be signed by the whole cabinet.
(ii) Art 356 State Emergency/President’s Rule:•
•
•
•
•
•
Shall be imposed in the case of failure of constitutional Machinery in the state.
Article 356 states that if the President shall be satisfied on the report of governor
or other wise that state cannot be run as per the provision of the Constitution, then
he or she may assume the powers of the state by issuing a proclamation. Hence it is
called presidents rule.
In case of state emergency on the President proclamation, state government shall be
dismissed, governor shall take the charge or rule state on the behalf of the
President .
Presidents proclamation shall be passed by the both the houses by simple majority
within two months of proclamation.
After passing by both the houses, it shall be applicable for six months, and after
that, it can be again extended for six months.
it can be extended beyond one year for another
~
so
Ex:
1994: S.R. Bommai vs Union of India
2 yrs on are of the following grounds:•
•
National Emergency
It’s certified by the election commission debt conducting elections are not possible
due to some difficulties in the state
So, in that case at most, it shall be imposed for 3 yrs.
- 2)
L
Ordinary year
Extension
=
3yy
te
It state
where state
emergency
was
imposed : Punjab (1951)
Effects of State Emergency
•
•
state assembly shall be dissolved or put under suspended mode cannot make law.
in this emergency law making for state. Shall we deal by Parliament and state list
shall become union list.
no effect on fundamental right
•
Note:—— Dr BR Ambedkar was said about article 356 as “A Dead letter”
•
Article 356 shall also imposed in the state of after the election, no party
obtained absolute majority.
•
Article 356 should be the instrument of last recourse a state.
Note:- 2
—- 1983:- Sarkaria commission was appointed to deal with central state relations under
the chairmanship of Justice Ranjit Singh Sarkaria.
•
On the recommendation of Sarkaria commission inter state Council was estd on
presidents order in 1990.
2 Art-263)
•
•
•
•
Inter-state Council (ISC) cannot be dissolved and re-established
it is permanent constitutional body like Rajya Sabha
Chairman:- Prime Minister
Objective of this council is to discuss or investigate policies, subjects of common
interest and dispute among states.
Note:-3
•
Article 256-257:- union government shall be allowed to issue
administrative direction to state.
•
Article 355:- it shall be the duty of union to protect the state.
•
Article 365:- Effect of failure to comply with or to give effective direction given
by the union, where any state has failed to comply with or to give effect to any
direction given in the exercise of the executive powers of the union under any
of the provision of the Constitution, it shall be lawful for the president to hold
that a situation has arisen in which the government of the state cannot be
carried on in accordance with the provisions of this constitution.
•
Article 365 2nd ground of imposition of presidents rule.
—-State where maximum time state emergency has been imposed : U.P
Financial Emergency
Art: 360
•
if the President is satisfied, the economic security of India is under threat. Then he
or she shall impose financial emergency by issuing a proclamation and such a
proclamation must be passed by both the houses by simple majority within two
months of its issue, and it shall remain enforced until revoked by the President.
Effects
•
All the state financial bill shall be passed by the Parliament.
•
All the money bills, and the financial bills of the state can be reserved by the
governor for the consideration of president after they are passed by the state
legislature.
•
Salary, etc. Shall be reduced right from the level of president to the bottom level.
•
Financial Grants to state may be suspended.
•
This emergency had never been imposed so far.
•
Centre may give direction to the state to reduce their expenditure.
Article 324: Central Election Commission
-
•
It has the power of superintendence direction and control of two functions:- Preparation of electro rolls.
- To conduct election of:•
•
•
•
•
•
President
Vice President
Lok Sabha
Rajya Sabha
Legislative assembly
Legislative Council
Note:•
State election commission shall conduct Panchayat and municipalities election
•
central election commission shall comprises:-
One chief election commissioner
+2 election commissioners (Gyanesh Kumar & Sukhbir Singh Sandhu)
Current chief election commissioner: Rajiv Kumar
First chief election Commissioner Sukumar Sen
First woman, chief chief election commissioner VS Rama Devi .
•
•
chief election commissioner shall be appointed by the President.
Tenure: 6 yrs/65 years whichever is earlier.
— Salary and allowances, etc, shall be decided by the Parliament and it shall be
charged upon CFI and it is equal to Supreme Court judge
Note:•
Until 1989 election commission was one member body (one chief election
commissioner) but Rajiv Gandhi extended it and created Post Of 2 election
commissioners.
•
Election commission was reached at its big in the time of T.N Seshan, (chief election
Commissioner).
•
Election commission shall take decision by majority (out of three members).
•
CEC and EC shall resign to president.
Remove of chief election Commissioner (Art 324)
•
It shall be done by on the like ground & in the like manner as a judge of Supreme
Court shall be removed.
•
Election commissioner shall be removed by the President on the recommendation of
chief election commissioner, but president shall not bound by the recommendation.
•
Election Commissioner shall also be appointed by president
functions of election commission:•
There shall be delimitation commission (to limit constituencies according to geographical
area) & election commission shall supervise the work of delimitation commission.
•
Election commission shall give recognition to political parties and their symbols.
•
Election commission shall recognise any party as national of state party.
•
It shall monitor election expenditure.
•
It Shall also impose model code of conduct on parties and candidates.
Art 326:•
election shall be done on the basis of adult suffrage and every citizen must
not be below the age of 18 years can participate in voting if not disqualified
due to:•
•
•
•
•
Criminal Practice
Unsound mind
Electoral mal practises
Residentship issue
Registered voter issue
If anyone falls under any of these
conditions then he or she shall be debarred
from voting.
Ex: Bal thackeray suspended for six years
for booth, capturing
Note:— 61st Constitutional amendment act 1988, voting is reduced from.
21 to 18 yrs.
Art 327:•
Parliament and regulate election by law as:-
— representation of people act 1950
— representation of people act 1951
•
Parliament may from time to time, by law make provisions with respect to all
matters relating to elections to either house of Parliament or state legislature,
including the preparation of electron roles, the delimitation of Constitution of all
other matters necessary for securing the due constitution of such houses
Art 329:-
&
&
The election related dispute shall be filed on election petition. If the dispute pertains
to election of president and vice president shall be challenged in Supreme Court.
If pertains to election of MP or MLA, then it shall be challenged in High Court
Schedules
z
•
first schedule —- names of the states and UT’s with their territorial jurisdiction.
•
Second schedule —- provisions relating to the employmets, allowances privileges.
•
Third schedule —- forms of oaths and affirmations.
•
Fourth schedule —- allocation of seats in their Rajya Sabha to the states and the UTs.
•
Fifth schedule —- provision relating to the administration and control of schedule
areas and scheduled tribes.
•
Sixth schedule —- provisions relating to the administration of tribal areas on the
states of Assam, Meghalaya, Tripura, and Mizoram.
•
Seventh schedule —- division of powers between the union and the states in term of
list -1, union list, state list -2 and list - 3 concurrent list.
•
Eighth schedule —- languages recognised by the Constitution (22 languages) (Lastly
added (Bodo Methley Santhali Dogri).
•
Ninth schedule —- Acts and regulation of the state legislature is dealing with land
reforms and a abolition of Zamidari system and of the Parliament dealing with other
matters
•
Tenth schedule — Provisions relating to disqualification of the member of Parliament
and state legislature is on the ground of defection (Anti defection law)
•
Eleventh Schedule — specifies the power authority and responsibilities of panchayats.
•
Twelfth Schedule — specifies the power authority, and responsibilities of municipalities
Seventh Schedule:•
•
Distribution of powers between Centre and state
borrowed from Canada
Union list
State list
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Defence
Armed forces
Railways
Postal department
Income tax
Corporate tax
Atomic energy
Space department
Police
Sports
Irrigation
Entertainment tax
Land revenue
Law and order
Agriculture
Public health &
Sanitation
• Taxes on agriculture
• Taxes on lotteries
& Gambling
Concurrent list
(Borrowed from
Australia)
•
•
•
•
•
•
•
criminal procedure code,
CRPC
Indian penal code
population control, and
family planning
Prade union
education
environment, forest,
and wildlife
GST
Note:-
•
Residual List:- Cyber security, IT, space technology, artificial intelligence.
•
•
•
borrowed from Canada
Parliament shall make law ex:- cyber law
it includes all the matters which are not mentioned in any of the 3 list of the
seventh schedule
Central Finance Commission: Art 280
•
After every five year or before president shall appoint a finance commission,
which compromises a chairman and four other members.
-
He or she shall be any person who have vast
experience in public affairs, and he may be High
Court judge or economist or someone who have
exceptional knowledge of accounts or
administration
Functions:-
•
to give advice to the President regarding
•
distribution of taxes between centre and states
•
Grants in aid to the states
•
Measures needes to augment the resource of consolidates fund of states, to that
more funds can be allocated, Panchayati Raj institutions.
•
it is an advisory body
•
finance commission shall prepare a report and submit it to the President, and it shall
be the duty of president to send it to the Parliament.
•
President shall not bound by its advice.
13th finance commission 2010-15:Chairman :- Vijay kelkar
14th finance commission 2015-20:Chairman :- Y.V Reddy
15th finance commission 2020-25:-
16th finance commission:-
Chairman :- N.K Singh
Chairman :- Arvind Pangarhya
F
.
c
(1952-571 : Chairman :
K C
.
.
Neogy
Note:•
similarly, there is a state finance commission, which shall give advice to the
governor regarding the distribution of taxes between state government and
Panchayati Raj institution.
Art: 343 : Language Provisions
•
•
•
the official language of the union shall be Hindi in Devanagari script.
Parliament may allow use of English also
as per the Constitution, Hindi official language and it can be used as:-
•
•
•
Language of communication between union and the states
Shall be the language of union
Between states and states if the two states shall agree to use Hindi as per
Comunication.
•
In Parliament, a member shall speak in Hindi or English readily. However, Member
shall also speak in his mother tongue with the permission of chairman or
speaker.
•
In state legislature, a member shall speak in the state language or language of
the union.
•
In Supreme Court, all proceedings shall be done in English language.
•
In High Court proceeding shall be done in state language, but the judgement
shall be given in the English.
Classical Languages
•
Sanskrit Tamil Telugu Kannada Malayalam (last 2014)
-
Current Ques:Classical Languages:- Introduced in 2004
1. Tamil —— 2004 first classical language
2. Sanskrit
3. Telgu
4. Kannad
5. Oddia —— 2014
6. Malayalam
Oct 2024:5 More classical languages were
approved by Union Govt.
1. Marathi
2. Assamese
3. Bengali
4. Prakrit
5. Pali
11 Languages
8th Schedule:- 22 Languages
•
Hindi Divas: 14 Sep
Nepali is the only foreign language
Not
English
•
Some of the directive given outside Part- IV
•
Art 350 A:- It shall be the duty of state to provide adequate facility for
Construction in mother tongue at the primary state of education to the children of
linguistic minority group.
•
Art 351:- It shall be the duty of union to develop Hindi so that it shall be the
language of expression of the composite culture of India.
Union Public service commission (UPSC) : Art 315
•
It comprises a chairman and not more than 10 members appointed by the
President.
Tenure: 6 years or 65 years of age, (which ever is earlier).
He may be removed by the president after the enquiry of Supreme Court
•
•
Extra Const
Presently Chairman: Preeti Sudan
Non-statutory
Body
-> Neither
Note:-
.
mentioned
in constitution
non esta under
act
•
Consitutional
Body
Given in the
Comsto
E
.
A,
,
Attorney
Body
estd under Act
Ex
Parliament
ros
Statutory
.
.
RBI , SEBI ,
IRDA
FSSAI
,
NARC
,
,
TRAI
Gen
State service commission are also given under this article
National human rights commission, NHRC:- statutory body
•
Estd under protection of human rights act 1993
•
It compromise a chairman who should be retired, CJI, and four other members who
may be retired or sitting judges of Supreme Court or chief justice of High Court.
•
Shall be appointed by the President on the recommendations of committee headed
by Prime Minister with member of as speaker home Minister leader of opposition in
Lok Sabha, Rajya Sabha, Deputy Chairman of Rajya Sabha.
•
•
Tenure:- 5 yrs/70 yrs of age (which ever is earlier)
Present Chairman:- Vijay Bharati Sahani (Active Chairman)
•
NHRC comes under Ministry of home affairs.
•
lokpal and Lokayukta act 2013:-
•
lokpal deals with corruption, cases of central government, including ministers, PM
also, but not president.
•
Whereas Loka Yuta deals with corruption case of state government, including CM
also ministers, but not governor.
•
Lokpal comprises: 1 chairman +8 members at least 50% shall be judges)
•
Tenure:- 5 yrs/70yrs of age (which ever is earlier)
•
Salary and allowances, etc Of chairman shall be same as that CJI.
•
Chairman must be at least 45 years of age.
•
The chairman and the members of lokpal shall be appointed by the President on the
recommendation of selection committee.
•
The selection committee shall constitute PM + speaker of Lok Sabha + leader of
opposition of Lok Sabha + CJI or Supreme Court judge nominated by CJI + eminent
jurist nominated by president on the recommendation of chairman and the member of
selection committee.
•
Oath shall be administered by the President
Note:•
Loka Yukta shall be appointed by governor of the state through nomination by its
chief minister (in consequences with chief Justice of High Court, leader of opposition
in legislative assembly, legislative council, speaker of legislative assembly, chairman
of the legislative Council)
•
Tenure:- Not fixed.
•
oath shall be administered by governor
•
First, Loka Yukta Maharashtra: 1971
•
lokpal concept was borrowed from Scandinavian countries (Norway, Denmark,
Sweden)
The equivalent term used here, ombudsman.
•
the term lokpal was given by lm Singhvi in 1963
•
Lok and Loka Yukta is a statutory body
First lokpal Chairman:- Pinaki Chandra Ghosh (2019-22)
Present Lok chairman:- Ajay Manikrao Khawika
State Legislature:
Art: 168
•
There shall be a legislature of each state, comprising a
Legislative Assembly
+ Legislative Council + Governor
MLA
Currently Present in
28 states + 3 Uts
(Delhi, Pondicherry,
J&K)
MLC
Currently present only
in six states, UP, Bihar,
Maharashtra,
Karnataka, Telangana,
Andhra Pradesh
In 2010 T.N LC
disbanded
6 states: Bicameral remaining states & 3 Uts Unicameral
Note:•
Delhi, Pondicherry, J&K, UP, having legislative assembly.
•
total legislative assembly:- 28+3 = 31
•
Total legislative council:- 6 (only states, no UTs)
•
Legislative Council was disbanded in 2010
•
Rajasthan, Odisha and West Bengal past resolution to create legislative
Council, but it is pending before the Parliament.
Art 169:Parliament having authority to create or abolish a legislative council in a state if the
state shall pass resolution in that regard
Legislative assembly
Art 170: there shall be legislative assembly
•
It comprises not more than state 500 and not less than 60 members elected
directly by the people.
•
One Anglo Indian shall be nominated by governor of that state.
Note:Sikkim, Mizoram Goa has less than 60 members in legislative assembly
Joined in
1987
Joined
India 1975
1961
Daman & Diu
:G
Included in India
Indian
Arwy
:
.
Operation Vijay ag
Portuguese
airst
.
•
Max. Number of legislative assembly seats, UP:- 403
•
Legislative assembly as a house and legislative assembly members, tenure:- five
years
Legislative Council :- The total strength of legislative Council shall not exceed nearly
1/3 of the total strength of legislative assembly of the that states and not less than
40.
Legislative Council seat distribution:•
1/3rd of the member shall be elected by member of local bodies,
(Municipalities & Panchayats)
-
•
1/3rd of the seats shall be elected by MLAs.
•
1/12 th shall be elected from the teacher constituency (at least three years of
teaching experience note lower than secondary class).
•
1/12th from the graduate constituencies.
•
Remaining members shall be nominated by the governor from the field of arts,
social service, science, literature, and cooperative moment.
•
Chairman of legislative council and speaker of legislative assembly, both are
members of the house and shall be elected by the members among themselves.
•
Legislative council shall be abolished but not dissolved.
•
Term legislative Council member:- 6 years
1/3rd of the member shall be retired in every 2 years
Governor: Art 153
•
There shall be a governor of state, however, same person shall be appointed as
governor for two or more states .
Art 154:
•
Executive powers of state shall be vested in the name of governor.
•
The governor of a state shall be appointed by president and he or she holds office
on the pleasure of president.
•
Tenure: 5 years (Not Fixed) there is no security of tenure
•
No procedure is given in the constitution for the removal of governor
Qualifications
•
He or she must be citizen of India.
•
At least 35 years of age
•
No office of profit
•
oath to Governor shall be administered by chief Justice of concerned state High
Court
•
governor shall resign to President
•
the salary and allowances of the governor shall be drawn from the consolidated
fund of state, CFS
•
governor shall decide on the disqualification of the member of state legislature in
consultation with the election commission.
•
he or she shall give his assent/withhold/written the bill and may reserve the bill for
president consideration
•
Introduction of money bill (Art: 107) in the state legislature needs governor
approval
Art 163:
•
It provides discretionary power to governor, and whether any matter is under
governors, discretionary power, his decision shall be final
Ex:
•
To reserve bill for the consideration of president
•
Recommendation for the imposition for president’s rule in the states
•
Governor may seek information from the chief minister with regard to
administrative and legislative matters of the states
Parliamentary powers of the governor: Art: 161
•
It state that the governor of a state shall have the powers to grant pardon, reprise,
respite, or remission of punishment or to suspend, remit or commute. The sentence
punishment of any person convicted of any offence against any law relating to a
matter or which the executive power of the state extends.
•
When a convict has committed an offence against state law, the concerned
punishment can be granted. The pardon respite remission commute by the governor of
the state.
Note:-
•
Pardoning power of president is wider than that of governor.
•
Governor shall not have the pardoning power in all the cases where the punishment
or sentence is a by a court martial defence court. However, the President can grant
pardon in all cases where the sentence give in by a court martial.
•
The president grant pardon in all cases where the sentence given in the case of
death, but the pardoning power of the governor does not extend to death sentence
cases.
Art: 213:— Governor can issue ordinance
Organisation headed by PM:- Ex officio chairman
•
Niti Aayog:- earlier known as Planing commission, national institution for transforming
India
NDC National development Council:- now known as governing council
NDMA national disaster management authority: works under home ministry
coordination with SPMA
CSIR Council of scientific and industrial research
•
•
•
—Work under Ministry of science and technology, it gives Shanti
Swaroop Bhatnagar award
•
•
•
•
•
•
•
NBW national Board for wildlife
Department of atomic energy, DAE
Department of space
national population commission
Interstate Council
National integration Council
NGRBA national Ganga river basin authority now known as national Ganga Council
Note:-
*
GST Council:- Chairman:- finance Minister
NTCA : national conservation authority:Chairman :- environment minister, presently: Bhupender Yadav
•
Sikkim was added by 36th C.A Act/1975
Important constitutional amendments
•
first Constitutional amendment act 1951:- added in schedule nine either constitution
- As land reform act
- Any law incl. in the schedule 9 shall not be challenged in any court
•
seventh Constitutional amendment act 1956:- passed state
reorganisation act:-
1948 JVP Committee
:
To assess
on
& Com
pros
basis.
of dividing statu
linguistic
V
L
Vo B
patel
Joh
P
.
Sitaramaiya
.
Nehru
1948 :
Dhar Commission
Irejected linguistic basis for state formation)
.
1953:- Fazal Ali Commission recommended state reorganisation on the linguistic basis +
certain other factor also.
•
•
finally, Fazal Ali commission report was accepted and state reorganisation act was
passed by the Parliament in 1956
then 14 states + 6 UTs were created.
Note:In 1953, Andhra Pradesh was created from Tamil Nadu
52nd constitutional amendment act 1985:- added schedule 10
• anti-defection law to prevent defection floor crossing
Commission
A member shall be disqualified if he or she:•
•
•
voluntarily, resigned from his or her membership of political party
if an independent, join any political party
if a member absent from voting or vote against the party in case of a whip issued
by the party
Note:=>
- this law shall not be apply on:
*
*
Speaker
Merger of political parties
91st constitutional amendment act 2003:•
total strength of council of Minister shall not exceed 15% of the total strength of
the house.
However, in small states, there shall be 12 ministers
Minister shall be disqualified under six months close shall not become minister
again or hold any remunerative Post, under the government of the rest of the
tenure of the house or until proper election to, the house
•
•
Note:•
National Party:- recognised by election commission
A party that secure at least 6% of the valid votes in Lok Sabha election or assembly
election in 4 states
They must win four seats in Lok Sabha from any state
It has to win 2% of seats in Lok Sabha from at least three different states
Present National Party:- BJP, Congress, AAP, CPI, CPI (M), BSP, NPP ( National People
Party)
State Party:- Recognised by Election Commission
•
•
•
a party that secure at least 6% of the valid votes in the state, state legislative
assembly election
They must win at least one Lok Sabha seat for every 25 Lok Sabha seats or at least
two seats in legislative assembly
it must need to win a minimum of 3% of total number of seats in legislative assembly
Statutory bodies in India: estd under Act
•
RBI (Reserve Bank of India):- estd. in 1935 under RBI act 1934
Current RBI Chairman:- Shaktikant Das
⑧
6
&
•
Headquarter at Mumbai
Called as bankers bank
Regulator of banking sector
SEBI (Securities exchange board of India)
Regulator of stock market
Headquarter Mumbai
Estd in 1988
Chairperson : Madhabi Puri (1st woman chairperson)
Succeeded by Ajay Tyagi
•
IRDA (Insurance regulatory development authority)
•
•
regulator of insurance sector
headquarter at Hyderabad
•
NABARD (National bank for agriculture and rural development)
Headquarter at Mumbai
It provides low rate loans for agriculture and rural development
•
SIDBI (Small industries development bank of India)
Headquarter at Lucknow
It provides low rate loans to micro, small and medium enterprises. MSME.
•
PFRDA (Pension fund, regulatory development authority)
Regulator of pension sector
Headquarter at New Delhi
•
FSSAI (Food safety, and standard authority of India)
Estd in 2010 under Food safety act 2006.
headquarter at New Delhi
FSSAI works under Ministry of health and family welfare
It deals with food adulteration and food safety issues
•
National commission for woman (NCW)
Estd in 1992, under woman’s protection act 1990
Chairperson: Rekha Sharma
It deals With protection of women rights, it also advise the government on the policy
matters related to women
•
TRAI ( Telecom regulatory authority of India)
Estd in 1997
Headquarter at New Delhi
Deal with telecom + internet related issue
•
National Commission for Minorities
Chairman : Iqbal Singh Lalpur
Minister :- Kiren Rijiju
Note:National commission for SC : article 338
National commission for ST : article 338A
National commission for backward classes : article 338 B (added by
102,Constitutional amendment act 2018
Constitutional bodies
101st Constitutional amendment act: GST
103rd Constitutional amendment act: 10% reservation for EWS in general category
-
Economical weaker section
Slab: < 8 lakh families
annual income from all
sources
105th Constitutional amendment act, 2021: restored the power of state government to
recognise socially and educationally backward classes.
104th amendment act 2019:- It extends the deadline for the evolution of the
reservation of seats by 10 years in the Lok Sabha and state legislative assembly for
member of SC and
Removal of Anglo Indian seats in Lok Sabha state assembly
Central information commission (CIC): deals with RTI related issues
•
•
Statutory body and it was created under right to information act 2005
It comprises the central information commissioner and not more than 10 information
commissioners
Tenure, 5 years or 65 years of age, which ever is earlier
it shall be appointed by the President of the recommendation of the committee,
headed by Prime Minister
It shall be removed by president after enquiry of Supreme Court.
•
•
•
Present central information commissioner: Yashwardhan Sinha
Central Vigilance Commission, (CVC)
•
•
•
•
statutory body
Treated under CVC act 2003 on the recommendation of Shanthanan Committee
1964
it comprises a central vigilance commissioner appointed by present on the
recommendation of the committee, headed by Prime Minister with other members
as home Minister and later of a position in Lok Sabha.
Tenure:- 4 years or 65 years of age, which ever is earlier
•
Function: to conduct enquiry in the cases of corruption involving public servants
Present Central vigilance Commissioner : Parveen Kumar Srivastava
Lok Adalat:•
•
•
It was created under legal services authorities act 1976
Statuary body
It comprises, sitting or retired judges of the state with two other members, usually
a lawyer and social worker
Function:•
to arrive at take compromise or settlement between parties in respect of:-
Any case of pending before court
Any case at pre litigation stage
•
•
•
•
it involves both civil and criminal cases
The decision of court is binding on both the parties and no shall lie anywhere
There is no court fee. If the case is already filed in the regular court, the fee paid
will be refunded if the dispute is settled at the lokadalat.
1st lok adalat 1982, Gujarat
Art 340:•
the President may order to appoint a commission to investigate the condition and
background of backward classes
1953 :- Kaka Kalelkar commission:- first backward class commission
1979:- Mandal commission or socially and educationally backward classes
Commission SEBC. 2nd backward class
— Recommended OBC reservation 27%
V.P singh govt implemented it in 1990
Note:SC, St + OBC reser. :- 49.5%
•
•
•
Indra Sahni challenge the mandal commission and government decision in the
Supreme Court.
Indra Sahni case, also known as mandal commission case
In this case, Supreme Court said maximum reservation can be 50% of the
educational seats and job vacancies and creamy layer of income will be applicable.
Implemented in 1992
•
2017:- Justice G rohini commission
Sub categorisation among the OBC
Present limit: 8L/Yr
Some Important Points of India Polity
By Saurabh Kr. Pandey
MPLADS
The Members of Parliament Local Area Development Scheme (MPLADS) is an
ongoing Central Sector Scheme which was launched in 1993-94. The Scheme
enables the Members of Parliament to recommend works for creation of durable
community assets based on locally felt needs to be taken up in their
constituencies in the area of national priorities namely drinking water,
education, public health, sanitation, roads etc. Initially, this scheme was
administered by Ministry of Rural Development. Later, in October
1994, Ministry of Statistics and Programme Implementation (MOSPI) has been
looking into its working. Presently, MOSPI has been responsible for the policy
formulation, release of funds and prescribing monitoring mechanism for
implementation of the Scheme.
Features
1. The MPLADS is a Plan Scheme fully funded by Government of India.
The annual MPLADS fund entitlement per MP constituency is Rs. 5
crore.
2. MPs are to recommend every year, works costing at least 15 per cent of
the MPLADS entitlement for the year for areas inhabited by Scheduled
Caste population and 7.5 per cent for areas inhabited by S.T. population.
3. MPs can also recommend work of up to Rs. 25 lakhs per year outside
their constituency or state of election to promote national unity, harmony
and fraternity. MPs can recommend work of up to 25 lakh for Natural
Calamity in the state and up to Rs. 1 crore in the country in case of
Calamity of Severe Nature (e.g. Tsunami, major cyclones and
earthquakes).
4. In order to encourage trusts and societies for the betterment of tribal
people, a ceiling of Rs. 75 lakh is stipulated for building assets by trusts
and societies subject to conditions prescribed in the scheme guidelines.
5. Lok Sabha Members can recommend works within their Constituencies
and Elected Members of Rajya Sabha can recommend works within the
State of Election (with select exceptions). Nominated Members of both
the Rajya Sabha and Lok Sabha can recommend works anywhere in the
country.
6. All works to meet locally felt infrastructure and development needs, with
an emphasis on creation of durable assets in the constituency are
permissible under MPLADS as prescribed in the scheme guidelines.
Expenditure on specified items of non durable nature are also permitted
as listed in the guidelines.
Implementation
1. A Member of Parliament shall give his/ her choice of Nodal District in a
prescribed format to the Ministry of Statistics and Programme
Implementation with copy to the State Government and to the District
Magistrate of the chosen District.
2. The annual entitlement of Rs 5 crore shall be released, in two equal
instalments of Rs 2.5 crore each, by Government of India directly to the
District Authority of the Nodal District of the Member of Parliament
concerned.
3. Each MP shall recommend eligible work on the MP’s letter head duly
signed by the MP to the district authority.
4. The District Authority shall identify the Implementing Agency capable of
executing the eligible work qualitatively, timely and satisfactorily. It shall
be responsible for timely and effective implementation of such works. All
recommended eligible works should be sanctioned within 75 days from
the date of receipt of the recommendation, after completing all
formalities. The District Authority shall, however, inform MPs regarding
rejection, if any, within 45 days from the date of receipt of
recommendations, with reasons thereof.
5. MPLAD Scheme can be converged in individual/stand-alone projects of
other Central and State Government schemes provided such works of
Central/State Governments Schemes are eligible under MPLADS. Funds
from local bodies can similarly also be pooled with MPLADS works.
Wherever such pooling is done, funds from other scheme sources should
be used first and the MPLADS funds should be released later, so that
MPLADS fund results in completion of the project.
6. As soon as a work under the Scheme is completed, it should be put to
public use. For greater public awareness, for all works executed under
MPLADS a plaque (stone/metal) carrying the inscription ‘Member of
Parliament Local Area Development Scheme Work’ indicating the cost
involved, the commencement, completion and inauguration date and the
name of the MP sponsoring the project should be permanently erected.
7. One MP - One Idea : In order to foster a grass-root bottoms-up approach
to innovation and development and to arrive at solutions for local
problems, which are sustainable and scalable, there is a need for seeking
out and campaigning for ideas that have the potential to solve challenges.
Accordingly, based on the innovative ideas received from the local
people regarding developmental projects, a ‘One MP – One Idea’
Competition may be held in each Lok Sabha constituency annually to
select the three best innovations for cash awards and certificate of
appreciation for next five best innovations.
PMLA
Prevention of Money Laundering Act (PMLA), 2002 is an Act enacted by
the NDA government to prevent money-laundering and to provide for
confiscation of property derived from money-laundering. PMLA and the Rules
notified there under came into force with effect from July 1, 2005. The Act and
Rules notified there under impose obligation on banking companies, financial
institutions and intermediaries to verify identity of clients, maintain records and
furnish information in prescribed form to Financial Intelligence Unit .The act
was amended in the year 2005, 2009 and 2012.
Objectives
The PMLA seeks to combat money laundering in India and has three main
objectives:



To prevent and control money laundering.
To confiscate and seize the property obtained from the laundered
money; and
To deal with any other issue connected with money laundering in
India.
Note:
The Directorate of Enforcement (ED) is a domestic law enforcement
agency and economic intelligence agency responsible for enforcing economic
laws and fighting economic crime in India. It is part of the Department of
Revenue, Ministry of Finance. The Enforcement Directorate focuses on
investigating and prosecuting cases related to money laundering, foreign
exchange violations, and economic offenses. Its primary objective is to curb the
generation and circulation of black money and to ensure compliance with the
laws concerning foreign exchange and prevention of money laundering.
ED Present Director: Rahul Navin
Godavarman Case
In 1995, T.N. Godavarman Thirumulpad filed a writ petition with the Supreme
Court of India to protect the Nilgiris forest land from deforestation by illegal
timber operations. In view of the great significance of the points involved in
these matters, relating to the protection and conservation of the forests
throughout the country, the Court formed the opinion that the matters required a
further indepth hearing to examine all the aspects relating to the National Forest
Policy. However, it considered that certain interim directions were necessary in
respect of some aspects, to oversee the enforcement of forest laws across the
nation.
The Court issued detailed directions for the sustainable use of forests and
created its own monitoring and implementation system through regional and
state level communities, regulating the felling, use and movement of timber
across the country in the hope of preserving the nation's forest. The Court
examined in detail all the aspect of the National Forest Policy, the Forest
Conservation Act, 1980, which was enacted with a view to check further
deforestation.
MP/MLA Courts
MP/MLA courts are special courts in India that try criminal cases involving
sitting Members of Parliament (MPs) and Members of Legislative Assembly
(MLAs).
Schedules in Indian Constitution
First
Schedule
It contains the name of States and Union Territories
Territorial Jurisdiction of states is also included
Second
Schedule
The provisions in relation to allowances, privileges, emoluments of:






President of India
Governors of Indian States
Speaker of Lok Sabha & Deputy Speaker of Lok Sabha
Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha
Speaker and Deputy Speaker of Legislative Assemblies of Indian
States
Chairman and Deputy Chairman of Legislative Councils of the
Indian States



Third
Schedule
Supreme Court Judges
High Court Judges
Comptroller & Auditor General of India (CAG)
It contains the forms of oath and affirmation for:









Union Ministers of India
Parliament Election Candidates
Members of Parliament (MPs)
Supreme Court Judges
Comptroller and Auditor General
State Ministers
State Legislature Elections’ Candidates
State Legislature Members
High Court Judges
Fourth
Schedule
It contains the provisions in relation to the allocation of seats for States
and Union Territories in the Rajya Sabha
Fifth
Schedule
It contains provisions in relation to the administration and control of
scheduled areas and scheduled tribes
Sixth
Schedule
It contains provisions in relation to the administration of tribal areas in the
states of Assam, Meghalaya, Tripura and Mizoram
Seventh
Schedule
This schedule deals with the three legislative lists:



Eighth
Schedule
Union
State
Concurrent
It deals with the 22 official languages recognized by the Constitution of
India:




Assamese
Bengali
Bodo
Dogri (Dongri)


















Ninth
Schedule
Gujarati
Hindi
Kannada
Kashmiri
Konkani
Mathili (Maithili)
Malayalam
Manipuri
Marathi
Nepali
Oriya
Punjabi
Sanskrit
Santhali
Sindhi
Tamil
Telugu
Urdu
It deals with the state acts and regulations of that deal with land reforms
and
abolition of the zamindari system. It also deals with the acts and
regulations of the Parliament dealing with other matters.
Note:
1st Amendment Act 1951 added the Ninth Schedule to protect the laws
included in it from judicial scrutiny on the ground of violation of
fundamental rights.
However, in 2007, the Supreme Court ruled that the laws included in this
schedule after
April 24, 1973, are now open to judicial review
Tenth
Schedule
It contains provisions relating to disqualification of the members of
Parliament and State Legislatures on the ground of
defection.
Note:
This schedule was added by the 52nd Amendment Act of 1985, also
known as Anti-defection Law
Eleventh
Schedule
It contains the provisions that specify the powers, authority and
responsibilities of Panchayats. It has 29 matters.
Note:
This schedule was added
by the 73rd Amendment Act of 1992
Twelfth
Schedule
It deals with the provisions that specify the powers, authority and
responsibilities of Municipalities. It has 18 matters.
Note:
This schedule was added
by the 74th Amendment Act of 1992
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The Constituent Assembly of India
The Constituent Assembly held the first meeting of the newly formed parliament on December 9,
1946, and Dr. Sachchidananda Sinha was appointed as the interim president of the Constituent
Assembly. Ultimately, Dr Rajendra Prasad was elected as the President of the constituent
assembly on December 11, 1946, and the Vice president was H C Mookerjee and V T
Krishnamachari.
What are the Committees of the Constituent Assembly?
Different Committees were set up by the constituent assembly to look towards the different
departments of Constitution-making, for now, an Independent India.
Of the total of 22 committees of the constituent assembly, only 8 were important committees,
while the remaining were the minor and supporting committees.
Drafting Committee
The drafting committee was set up on 29th August 1947, by the constituent assembly. At the
first meeting of the Drafting Committee on 30th August 1947, Dr B.R Ambedkar was elected as
the chairman of the committee .
The drafting committee published the first draft of the would-be constitution on 21st February
1948. It was then scrutinised for about eight months. After hearing the feedback from the public,
the necessary amendments were made and the following draft of the constitution was published
in October 1948.
Since its inception in 1947, the drafting committee took 2 years, 11 months and 17/18 days to
frame the full Constitution of India.
The constituent Assembly had held a total of 11 sessions over the course of 165 days. Out of
these, 114 days were spent on the deliberations of the drafting committee and the draft(s)
Constitution.
A total of seven members made up the prominent Drafting Committee. These members are:


B.R. Ambedkar – Chairman
Alladi Krishnaswami Ayyar
www.aarohanedu.com


K.M Munshi
B.L. Mitter (Due to bad health, he was replaced by N Madhav Rao as a member of the

Drafting Committee)
D.P. Khaitan (After his death, TT Krishnamachari became a member of the drafting


committee)
Mohammad Saadulla
N. Gopalaswami
Major Committees of the Constituent Assembly are:
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Minor Committees of the Constituent Assembly
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