Constitution
06 January 2024
13:38
1. Fundamental law of the land
2. Reflects ideology and philosophy of the nation
3. Establishes
a. Organs of state
b. Political system
c. Rights (sometimes not always)
4. A living document, organic in nature
5. Difference between written and unwritten constitution
S no.
Written constitution
Unwritten constitution
1
Codified document
Abstract set of law that is not codified in a text
2
Mostly prepared by a
constitutional assembly which
was formed for this purpose
only
Evolves over a period of time
3
Parliament is a limited body
Parliament is sovereign body
4
Convention plays a limited role
Convention plays large role
5
Ordinary laws and Constitutional All take place through simple majority
amendments take place through
different majorities: simple and
special majority respectively
example India
United Kingdom
BASICS Page 1
Ordinary laws
07 January 2024
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1. Not part of constitution
2. Can be enacted, repealed and amended by simple majority
3. Ex- IPC, CrPC, CPC, etc.
BASICS Page 2
Nation
07 January 2024
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1. Fluid concept, people having similar history, language and culture
2. Feeling of oneness among people giving rise to an imagined community
3. Indian Constitution harbour the feeling of oneness among the diversified sections of people in
India.
BASICS Page 3
state
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Formal concept with some agreed characteristics
1. Sovereignty
2. Fixed boundary
3. Fixed population
4. An organized government which is recognized
BASICS Page 4
constitutionalism
07 January 2024
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1. In a democracy the real power lies with the people
2. Government must be limited to ensure that the democracy would work properly.
3. Constitutionalism ensures that the government is limited and cannot take arbitrary decisions
4. It ensures that people's liberty remain intact and cannot be infringed unnecessarily by the
Government.
5. Tools of constitutionalism
a. Fundamental right
b. Rule of law
c. Independent judiciary
d. Free press
BASICS Page 5
Constitutional morality
07 January 2024
16:20
1. The term was brought into jurisprudence and our political discourse by Dr B.R. Ambedkar
2. The apex court has consistently used this term in following judgements in last few years
a. Navtej Jauhar Case: decriminalization of consensual same gender sex (IPC section 377)
b. Shaira Bano Case: instant talaq was termed unconstitutional
c. Young Lawyer's Association case: Hindu women of age 10-50 were allowed to enter into Sab rimala
Temple complex
3. This term was attributed to George Grote by Dr B.R. Ambedkar
4. Constitution morality means use of constitutional means to deal with disputes between different
individuals or groups.
5. Also means paramount reverence (deep respect) to Constitution not only in words but also in spirit.
6. This term was used in B.R. Ambedkar's famous speech "The Draft Constitution" given in Constituent
Assembly in 1948
7. B.R. Ambedkar on 25th November, 1948 gave a famous speech called "Grammar of Anarchy" in which he
highlighted
a. Use of constitutional means to deal with disputes
b. And termed Non Cooperation movements and Civil Disobedience as tools of anarchy
8. Constitutional Morality is thus a predominant factor to a liberal democratic state
BASICS Page 6
Separation of Powers
07 January 2024
17:41
1. This philosophy was given by a French philosopher Montesquieu in his work spirit of law in 1748
2. this theory states that there should be three organs of government
3. all this three organs should have different defined functions and no one could be a member of more than
one organ at a time
4. in USA there is a watertight separation of power
5. in India it is used in a dilute form as
a. legislature form the executive
b. legislature place Quasi-judicial role during impeachment
c. Executive Appoints members of judiciary
d. Judiciary exercises marginal legislative power during interpretation of law
6. provisions in constitution related to separation of power
a. article 50: separation of Judiciary from executive in the public services of state
b. article 121 and 122: conduct of Supreme Court and High Court Judges cannot be discussed in
Parliament or state legislative assemblies
c. Article 162: parliamentary proceeding cannot be brought in any Court
d. article 105: anything said on the floor of parliament is not liable to any proceedings in any Court
7. holders of power should be accountable and everything must be done according to rule of law
8. “power corrupts absolute power corrupt absolutely” - Lord Acton
9. this theory inhibits concentration of power to avoid Totalitarianism And authoritarianism
10. Doctrine of separation of power is time and again mentioned by Supreme Court to ensure that the spirit of
constitution remains in tax safeguarding the healthy democracy of India
11. Supreme Court judgements related to separation of power doctrine
a. Golaknath’s case: apex court stated that the constitution of India demarcates their jurisdiction
which they should not violate keeping the separation of power Doctrine intact
b. in Bandhua Mukti Morcha case: supreme court said that while interpreting law they also exercise
Marginal legislative power
BASICS Page 7
Article 1
08 January 2024
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1. India that is Bharat shall be a union of state
2. the list of states and UTs is mentioned in the first schedule
3. territory of India comprises of
a. States
b. union territories
c. any territory further acquired
4. the term territory of India is broader than that of Union of state
5. Dr Ambedkar mention that we use the word Union in place of Federal because
a. Federal means agreement between state and India is result of no such agreement
b. no right is given to the state to secede from the territory of India
6. Since the states can't secede from the territory of India. India can be said to be an
Indestructible Union of destructible States
territory of india Page 8
Article 2
08 January 2024
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1. Parliament may by law admit into Indian Union or establish new states on such terms and
condition it may think fit.( nothing to do with land which is part of India)
territory of india Page 9
Article 3
08 January 2024
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1. Related to formation of new States and alteration of areas, boundaries or names of existing
States.
2. Stages of article 3
a. Ministry of Home Affairs draft a proposed legislation i.e., bill
b. The bill is sent to president for his prior recommendation
c. the bill is sent by the President to the Legislature of the state affected by the bill for the
opinion
d. the legislature have to give an opinion within the stipulated time
e. the bill is then introduced in either House of the Parliament on the prior
Recommendation of president
f. the bill is passed in both the house by simple majority
g. the bill is sent to president for his assent
3. The power of Parliament to create new state also include the power of creating union territory
but in that case opinion of UT legislation is not binding
territory of india Page 10
Reorganization of States
08 January 2024
01:48
1. The reorganization of state was a big challenge
2. in 1950, the constitution of India classified into group A,B,C and D
3. The demand to create state on the basis of language was time and again put by regional forces
a. in June 1948, Government of India appointed Linguistic Provinces Commission known as
Dhar Commission to look into possibility of creating States on the basis of language
b. The Dhar commission recommended that state should be reorganized on administrative
convenience basis rather than linguistic basis
The resentment led to the constitution of JVP committee by Congress ( Jawaharlal
Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya)
c. The committee rejected the language as basis for state reorganization
d. the demand for the creation of Andhra Pradesh was met after Potti Sriramulu Ji died on
the hunger strike demanding the creation of Andhra Pradesh
e. The creation of Andhra Pradesh led to further similar demands and the Government of
India constituted Fazle Ali Commission also known as State’s Reorganization
Commission.
The other two members of the commission were K.M. Panikkar and H.N. Kunzru
f. Fazle Ali commission Made the following recommendations
Factors to be kept in mind while Reorganising States
1) linguistic and cultural homogeneity
2) financial, economic and administrative consideration
3) unity and security of India
4) collective Welfare of the people and planning
g. On the Recommendation of Fazle Ali commission the state reorganization Act was
enacted creating 14 states and 6 UTs on 1st November 1956
h. The 7th constitutional amendment Act also added article 350A ( instruction in mother
language to children of linguistic minorities) and article 350B ( special officer for
linguistic minorities)
territory of india Page 11
Actual preamble
06 January 2024
13:38
WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
PREAMBLE Page 12
Preamble
07 January 2024
16:22
1.
2.
3.
4.
5.
It is the identity card of the constitution- Mr. Palkhiwala
Preamble reflects the ideals and inspiration of the constitution. - Golaknath's Case
Preamble reflect the mind of makers of Constitution
First constitution with a preamble was US constitution.
Preamble in Indian Constitution is adopted after a resolution was passed by the constituent Assembly
based on the speech of Jawaharlal Nehru ji, delivered on 13th Dec
6. The Preamble was adopted and enacted on 26th November, 1949 when the entire constitution was
already drafted so that to reflect that preamble is in perfect synergy and harmony with various
provisions of the constitution.
7. The Apex court in Berubari case ruled that preamble was not part of Constitution. Finally on
Keshavananda Bharati Case, the SC ruled that preamble is a part of Constitution (ruled the same in LIC
of India case)
8. Source of power of the consitution is "we, the people of India"
PREAMBLE Page 13
Sovereign
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1. India is a sovereign state that is, it free to take its external and internal decision
2. The membership of UN and commonwealth is out of free will and can be disassociated at any
time.
3. We can also acquire a foreign territory or secede a port of its territory out of free will
4. Article 395 of the constitution repealed India independence Act, 1947
5. Our sovereignty is unqualified, absolute and complete
PREAMBLE Page 14
Socialist
07 January 2024
16:22
1. The term socialist was added to preamble by 42nd constitutional amendment, which was
enacted in 1976 and came to force on 1977.
2. Socialist principles are found in DPSPs of the constitution.
3. The Avadi session of Indian National Congress adopted a resolution to embrace socialistic
pattern of Indian society.
4. Socialism in India is unique. It promotes mixed economy where both private and public sector
exists simultaneously
5. The Supreme Court in D.S. Nakara Case ruled that main aim of socialism is to avid inequality,
provide a decent stand of life.
6. The Apex court in G.B. Pant Case, ruled that democratic socialism aims to end poverty,
ignorance, disease, etc.
7. Socialism is thus aiding the government in promoting the mandate of welfarism.
PREAMBLE Page 15
Secular
07 January 2024
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1. Added to preamble by 42nd Constitutional Amendment
2. In S.R. Bommai case, SC ruled that secularism is the basic structure of constitution
3. The term secular has nowhere been defined in the Constitution
4. Secularism meas that
a. State do not have an official religion
b. Public offices cannot be denied on the basis of religion
c. Religion is immaterial while enjoying Fundamental rights
5. Secularism in west differ that the Indian idea of Secularism
In West, religion and state are seen as two parallel line without any interaction between them
6. In Indian sense of secularism, Indian state promotes all religion equally.
7. Secularism promote rationality, scientific thought and progressive values.
PREAMBLE Page 16
Democratic
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1. Important for democratic state
a. Freedom of expression and speech
b. Rule of law
c. Periodic election
d. Constitutionalism
e. Free and fair election
2. dissent is the safety valve of election
PREAMBLE Page 17
Justice: social, economic and political
07 January 2024
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1. Justice must act in trinity: social, economic and political
2. Fundamental rights promote political justice whereas DPSPs promote social and economic
justice
3. Democracy is complete with all 3 justices
PREAMBLE Page 18
Liberty
07 January 2024
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1.
2.
3.
4.
Defined as responsible use of freedom under rule of law
Liberty is absence of unnecessary restraints
Does not mean license to do anything but is restricted by rule of law
Negative liberty is inviolable part of human existence which cannot be infringed
example- right to life, right to be treated reasonably, freedom to expression and speech, etc.
5. Negative liberty is not enough to provide maximum human value to life and positive liberty
ensures that state actively interferes to expand human choices
PREAMBLE Page 19
Equality of status and of opportunity
08 January 2024
01:24
1. Equality before law and common rule of law provide equal status and treatment as equals
2. Dr Ambedkar was of view that no separate items in a trinity of liberty, equality and fraternity
can be dealt in isolation
PREAMBLE Page 20
Fraternity
08 January 2024
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1. Common bond and assuring dignity to an individual
2. Achieved by means of single citizenship, single constitution, etc.
3. SC in Indra Sawhney case stated that fraternity is to promote common bond and overcome
social backwardness. Reducing poverty will also promote fraternity.
PREAMBLE Page 21
Unity and Integrity of India
08 January 2024
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1. Unity and integrity of India must be psychological and territorial.
PREAMBLE Page 22
Rights
30 December 2023
13:26
1. 3 types of rights: constitutional, fundamental, statutory
2. Fundamental rights are enshrined in Part 3 of the Constitution
3. Constitutional rights are in constitution but not in part 3
4. Promote liberal democratic state
5. Mostly negative obligations on the state. Some positive obligations like Right to education in
section 21A.
6. Inspired from
a. Bills of rights in Us constitution
b. UN Declaration of human rights
7. Ensures that certain human rights are inalienable part of human lives
8. Fundamental rights are available against the actions of state and in some case against the
actions of a private individuals
9. Some fundamental rights are only available to citizens only: article 15,16,19,29,30
Fundamental rights Page 23
Article 12
30 December 2023
11:52
1. Definition of state given, which includes
a. Govt of India
b. Parliament
c. Govt of state
d. State legislature
e. Other organization
2. Other organization was explained by Justice Bhagwati in RD Shetty case as
a. If fuctions are public or governmental in nature
b. If the agency enjoys monopoly
c. If there is deep and pervasive control of govt
Fundamental rights Page 24
Article 13
30 December 2023
12:06
1. Deals with pre constitutional and post constitutional laws
2. All laws which are not consistent with the FRs shall be void to the level of inconsistency
3. Has been a matter of judicial examination in various cases.
a. Shankari Prasad case
i. The term law did not included Constitutional amendment
b. Golaknath vs State of Punjab
i. The term law includes Constitutional amendment and thus cannot change the fundamental
rights guaranteed by the constitution
c. Keshavananda Bharati Case
i. The constitutional amendment was excluded in article 13 and thus can change the
fundamental rights in the constitution of India.
ii. Basic structure of Constitution of India:
1) The supreme court further came up with the Doctrine of Basic Structure of the
Constitution of India: the core pillars on which constitution stands upon and cannot be
changed by any amendments
2) Some of the Core features of Constitution
a) Supremacy of constitution
b) Separation of power
c) Sovereign, Republic and democratic form of Govt
d) Secular character of constitution
e) Welfare state
f) Judicial review
g) Rule of law
h) Effective access to justice
i) Principle of equality
j) Freedom and dignity of individual
Fundamental rights Page 25
Article 14
30 December 2023
12:07
1. No person in Territory of India shall be denied equality before law and equal protection of law
2. Equality before law:
a. British and negative concept
b. No special privileges given by govt
3. Equal protection of laws: American and positive concept
4. SC observation
a. Unlike should not be treated like alike
b. Protective discrimination is facet of equality
c. Reasonable classification can be made, where an unreasonable classifications are violative of
Article 14
5. Rule of law:
a. Concept given by AV Dicey
b. Three major components:
i. No person can be punished except for the breach of law
ii. Equality before law
iii. Predominance of rights
c. Exceptions
i. President and Governors cannot be brought to court for conduction of their duty
ii. Diplomatic immunities enjoyed by Diplomats and UN Officials
Fundamental rights Page 26
Article 15
30 December 2023
12:07
1. Deals with everything except reservation in public employment and promotions
2. Education and other reservations are covered under article 15
3. Clauses
a. First- State cannot discriminate between citizens
b. Second- no discrimination can be done when accessing public places
c. Third- nothing in this article can stop the government to bring special provisions for
children and women
d. Fourthi. Added by 1st Constitutional amendment after Champakam Dorairanjan judgement
ii. state can make special provisions for people of socially and educationally backward
classes and SC and ST
e. Fifthi. Added by 93rd Constitutional amendment
ii. Provided for upliftment of Backward classes, SC and ST by reservation in public and
private educational institution except for Minority institution
f. Sixthi. Added by 103rd Constitutional amendment
ii. Reservation for EWS up to 10%
iii. EWS to be determined by state from time to time
4. Notes:
a. in Article 330 and 332 seats are reserved for SC and ST in Lok Sabha and SLAs, respectively.
b. Duration for reservation is given in article 334 which keeps getting extended by parliament
every 10 years.
5. Horizontal reservation: cutting across castes like women reservation, PWD reservations, etc.
6. Vertical reservation: Caste based
Fundamental rights Page 27
Article 16
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12:07
1. Provide for equality and no discrimination in public employment
2. Parliament can prescribe residence as a criteria for certain classes of job
3. State can reserve certain classes of employment for backward classes if there are not adequately
represented.
4. Any office in any connection to a particular religion may be filled by a person who practice that
religion only
5. Backward commissions:
a. Article 340 empowers president to set up commissions to look into backward classes
condition.
b. 3 commissions has been setup till date
i. First commission: headed by Kaka Kalekar.
ii. Second commission/ Mandal commission headed by BP Mandal in 1979
1) Recommended 27 percent reservation for 52% population of OBCs in India
2) Accepted by VP Singh Government in 1990
3) Narsimharao Govt accepted with 2 changes
a) Preference to poorer section
b) 10% reservation to poorer section among unreserved
iii. 3rd commission headed by Justice G Rohini
1) Subcategorization of OBC to ensure that everyone is benefitted
2) 97 percent of benefits enjoyed by only 25 percent of OBCs
6. Indra Sawhney vs Union of India case, SC ruling:
a. 27 percent reservation for OBC was hold valid
b. Exclusion of Creamy layer from reservation (Ramanandan committee setup to finalize criterion
for creamy layer)
c. The govt shall not provide reservation in promotion (overturned by 77th Constitutional
amendment act)
d. Recommended a permanent statutory body to look into Backward classes. Thus National
Commission for Backward Classes was setup. (NCBC turned into a constitutional body by 102nd
constitutional amendment act by insertion of Article 338 B)
e. Reservation shall not exceed 50%
f. 10% reservation among unreserved was declared unconstitutional (overturned by 103rd
Constitutional amendment that provided for reservation of up to 10% for EWS classes)
Fundamental rights Page 28
Article 17
30 December 2023
12:07
1. Abolishment of untouchability, and punishable by law
2. Parliament enacted SC/ST Prevention of Atrocities act 1989, according to which
a. New offences were added
i. Garlanding with shoes
ii. Manual scavenging
iii. Threatening with social boycott
iv. Sexual exploitation of SC/ST women
v. Preventing people to enter public worship place, educational institutions and health
institutions.
b. Role of public servant were defined which includes to file a FIR and it provided for their
imprisonment if they have no completed their duties
c. New chapter has been added on rights and protection of the witnesses and the victim
3. In Subhas Kashinath Mahajan case, SC ruled for
a. Preliminary enquiry before FIR registration
b. Arrest only after getting permission from SSP
4. Parliament amended the act to get away from these pre-conditions.
Fundamental rights Page 29
Article 18
30 December 2023
12:07
1. Abolishment of titles
2. As India is a republic, there is no privileged classes and title only leads to formation of unnecessary
classification and feeling of inequality
3. Clauses:
a. First: state should not confer any title except for military and academic achievements
b. Second: No Indian citizen must accept a title from a foreign state
c. Third: A foreigner working in any office of profit or trust of the State cannot accept titles from
foreign state without the consent of President
d. Fourth: no person holding an office of profit or trust under the state can accept any emolument,
gift from any foreign state without the consent of the President
4. Balaji Raghavan case: SC ruled that Padma awards are awards and not titles and thus cannot be used
along the name either in prefix or suffix.
5. Note: ministerial offices do not come under office of profit
6. Bharat Ratna:
a. Maximum 3 in a year
b. Given on the eve of republic day
c. Award Committee is headed by cabinet secretary
d. Self-nomination is possible
e. Has been discontinued twice in
i. 1978-79
ii. 1993-97
Fundamental rights Page 30
Article 19
30 December 2023
12:07
1. Qualified rights and under what conditions can the government infringe it
2.
rights
Additional points
Associated cases
a. Freedom of
speech and
expression
i. Of the widest
i. Shreya Singhal vs union i. Sovereignty and
amplitude
of India (removal of
integrity of India
ii. Include all form of
ii. Friendly relation
unnecessary
media
to other states
constraints in freedom
to expression)
iii. Justice D.Y.
iii. Morality and
Chandrachud:
ii. Bennet Coleman case
decency
iv. Public order
Dissent is the
(freedom of press)
iii. Section 124a of IPC v. Incitement of
safety valve of
democracy
Sedition law - power of
offence
a government to silent
any anti-government
propaganda
b. To assemble
peacefully
without arms
c. To form
associations and
organizations
Condition under
which state can
infringe it
i. Sovereignty and
integrity of India
ii. Public order
i. Include rights to
i. SC dealt with matters
remain in an
like strike, bandh, etc.
association or leave ii. Tk Rangarajan casestrike not a FR
it
iii. Kameshwar prasad
case- demonstrations
are not illegal
iv. Bharat kr. Case (kerala
Hc)- bandh are illegal
and unconstitutional
i. Sovereignty
ii. Public order
iii. morality
d. The right to move
through the
territory of India
Interest of ST and
general public
e. The right to settle
anywhere in India
Interest of ST and
general public
f. *constitutional
amendment*
g. Right to practice
any profession or
trade
i. State can
introduce
prerequisites of
technical and
professional
nature
ii. State can reserve
a sector or trade
for itself partially
or wholly
3. Right to travel abroad is important right to life as in section 21 and it is also important for 19(1)(g)
Fundamental rights Page 31
Article 20
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1. No Ex post facto law
a. No criminal law can be applied retrospectively in penal provisions but can be used in trial
provisions
b. This is done to secure personal liberty of a person
c. Civil laws and tax laws can be used retrospectively
2. No double jeopardy:
a. cannot be punished twice for the same offense.
b. Not applicable over departmental or administrative proceeding
3. No self-incrimination:
a. One cannot be compelled to act as a witness against himself
b. Self-incrimination does not include signature, thumb impressions and handwriting specimens
c. In Nandani Sathpathy vs PL Dani case, the apex court observed that any type of mental
harassment shall also be covered in self-incrimination
d. Court has ordered DNA test in parental dispute and this has not been found violative of article 20.
4. Article 20 and 21 cannot be suspended during National Emergency (article 359 of constitution)
Fundamental rights Page 32
PEL= procedure established by law
DPL= Due process of law
Article 21
30 December 2023
12:07
1. Right to life and personal liberty can be taken only by PEL.
2. PEL= British concept
3. DPL= American concept
4. DPL give wider range of judicial review power to the court than PEL
5. In AK Gopalan case
a. Court checked if the law was procedurally correct and not its reasonability
b. Thus PEL can save one from administrative/executive actions but not from arbitrary legislative
action
6. In Meneka Gandhi case, 1978:
a. SC said that the law can be judicially reviewed under the prism of fairness, justness and
reasonability to save one from arbitrary legislation and executive actions
7. Article 21 is of highest amplitude and its ambit expanded in:
People's union for civil liberty case
Non-payment of wage violative of article 21
Hussain Ara Khatoon case
Right to speedy trial
Kiran Bedi case
Right to reputation
Sunil batra case
Right to healthy life
Vellore citizens welfare forum case
Polluter pay principle was established
MC Mehta case
Right to life also means clean environment access
8. Right to die
P Rathinam
Right to die- legalize suicide- unconstitutional section
309 of IPC
Gyan Kaur case
Brought back 309 of ipc and ruled that right to life do
not include right to die
Aruna Shanbaug
SC allowed passive euthanasia not active as homicide
9. Legalization of passive Euthanasia:
a. Pros:
i. Relief of pain of victim
ii. Relief of family from emotional, physical and economic burden
iii. Free healthcare infra for other person of need
b. Cons:
i. Sanctity of life is disturbed
ii. Prone to misuse
iii. No one can predict a medical invention that may lead to treatment of the ongoing ailment
10. National Mental Healthcare Act diluted the provisions of IPC 309 to a large extent by primarily
assuming that a person going for suicide may have a mental illness like depression
11. Right to privacy:
a. Integral part to right to life as guaranteed under article 14 and 19
b. In KS Puttuswamy case SC delievered a landmark verdict on the issue of privacy.
c. Privacy important for bodily autonomy, health, family life and core to human dignity.
d. Not absolute but qualified, can be infringed:
i. Backed by legislative mandate
ii. Should be for a proportional reason
Fundamental rights Page 33
Capitation fee: illegal fees for education which are higher
than regulatory norm fees
Article 21A
30 December 2023
16:40
1. Added by the 86th constitutional amendment
2. The state shall provide free and compulsory education to children of age 6 to 14 in a manner which state
will determine by law
3. 11th fundamental duty was added in article 51A whereby it is the duty of parents or guardian to send their
children or ward to the school
4. Article 45 was reduced from 0-14 to 0-6
5. Parliament enacted right to free and compulsory education act according to which
a. Right to neighbourhood school
b. Age-appropriate classroom
c. No physical punishment or mental harassment
d. Sharing of financial burden between centre and the state
e. No capitation fee
6. The Annual status of Education report published by Pratham (winner of Indira Gandhi Peace prize),
highlights the poor quality of education given to students as they were unable to solve basic arithmetic skills
7. The apex court
a. In Mohini Jain case ruled that the right to life includes right to education up to higher education level
b. Later in JP Unnikrishnan case diluted the earlier verdict and ruled that education up to school level is a
part of right to life
Fundamental rights Page 34
Article 22
30 December 2023
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1. Civil liberties are of prime importance in a democratic politics
2. Article 22 deals with preventive and punitive detention
3. The three rights are given to every person except for enemy aliens and those under preventive
detention
a. Shall be presented before a magistrate under 24 hours of arrest excluding the time of
journey
b. Shall be informed about the ground of arrest
c. Can consult legal practitioner of his choice
4. In case of preventive detention both Parliament and state legislative assemblies can make laws
5. Every person in preventive detention shall be allowed to challenge order as soon as possible
6. Shall be informed about the ground of interest if not against public interest
7. The maximum period for which one can be detained is 3 months after which an Advisory
Board will be setup to approve further detention. It is made up of people who
are/were/eligible for High courts.
8. In AK Roy case the Nation security Act was held valid by the supreme court
Fundamental rights Page 35
Article 23
30 December 2023
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1. Banning of Trafficking of human beings and forced labour
2. Bonded labour Abolition Act, Immoral Trafficking act inacted by the Parliamnet to prescribe
punishment for both
3. This act does not stop the state to enact the compulsory services for people without
discriminating in race, religion, class, or class.
4. This provision is empowered by the Parliament through Essential services maintenance act
Fundamental rights Page 36
Article 24
30 December 2023
12:07
1. Banning of child labour in factory, mining and other hazardous jobs
2. The Child and Adolescent labour prohibition and Regulation act, prohibits the employment of
children below the age of 14 years
Fundamental rights Page 37
Article 25
30 December 2023
12:07
1. Subject to public order, morality, and health every person can practise, profess and propagate their own
religion
2. The fundamental right under Article 25 is not an absolute one and state may operate any law with respect
to
a. Restrict any economic, financial, political or secular activity associated with a religious practice
b. Throw open Hindu religious institutions of public character to all classes and sections of Hindus
3. Related Supreme Court cases
a. Shah Bano Cases
i. Entitled to maintenance under section 125 of CrPC
ii. Parliament enacted Muslim Women Protection of Right on Divorce Act restricting the liability
of maintenance on husband for 3 months.
b. Shaira Bano case
i. Instant talaq/ talaq-e-biddat/ triple talaq was made unconstitutional
ii. Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019 which
made the practice of talaq-e-biddat a criminal act.
iii. It was a compoundable offense, meaning that compromise can be done by married muslim
women upon which talaq was practised.
c. Young Lawyer Association case (Sabrimala temple case):
i. Rule 3(b) of Kerala Temple Authorization of Entry rules is violative of parent rule, as according
to it discrimination of Hindus for entry in any temple was not allowed
ii. This rule prohibits the entry of women of age 10-50 in the Sabrimala Temple complex
iii. The temple board thought that this banning was essential practice to their religion and thus
was there right to run religious institution
iv. Apex court ruled that this law exhibits hegemonic patriarchy and promote a form of
untouchability and is violative of article 14 and article 25, that is right to practise religion.
v. The case was referred to higher Constitutional Bench through a review petition.
Fundamental rights Page 38
Article 26
30 December 2023
12:07
1. Subject to public order, morality and health every religious denomination have right to
a. Establish and maintain institution for religious and charitable purpose
b. The manage its own affairs in matters of religion
c. To own and acquire movable and immovable property
d. To administer such property in accordance with law
2. The apex court ruled that every religious denomination have to satisfy these 3 conditions:
a. Having a common organization
b. Having a distinctive name
c. It should be a collection of individuals having common spiritual belief
3. In Tilkayat vs State of Rajasthan, the supreme court rule that right to manage properties of a temple is a
secular matter and not a religious one
4. In Sardar Singh case, it was ruled that administration of property of any religious denomination can be
regulated by law
Fundamental rights Page 39
Article 27
30 December 2023
12:07
1. It says that the tax of people cannot be used to promote any particular religion but can be
used to promote all the religions.
2. In Ramchandra vs State of West Bengal, the Apex court ruled that fees may be levied to
provide certain facilities and for proper maintenance of the religious institution
Fundamental rights Page 40
Article 28
30 December 2023
12:07
1. Establishes secular character in Indian education system
2. Any educational institute wholly maintained out of state fund will be prohibited to impart any
religious education.
3. As an exception, any educational institute administered by state requiring religious education as
established by an endowment or trust is allowed to impart religious education.
4. Any religious education either receiving aids or recognition from the state can impart religious
education if the permission is given by the (parents or guardian of the ward).
Fundamental rights Page 41
Article 29
30 December 2023
12:07
1. Applicable to only citizens
2. Article 350A directs the states to provide children of linguistic minorities education up to
primary level in their mother tongue.
3. The article further emphasizes that no citizen shall be denied admission into an educational
institution maintained out or state fund on group of religion, race, caste and language.
4. Apex court in TMA Pai case ruled that the term any section in article 29 includes both majority
and minority community. Therefore extending the scope of article 29.
Fundamental rights Page 42
Article 30
30 December 2023
12:07
1. Recognized linguistic and religious minority
2. As of now, National Commission for Minority act, and Nation commission for minority educational
institution act is notified by the central government.
3. Recently, while hearing a petition, the Supreme Court has said that the Minority status of religious and
linguistic communities is “State-dependent”.
4. Confers fundamental right on linguistic and religious minorities to establish and administer educational
institution of their choice.
5. The supreme court in St. Stephen's College vs University of Delhi, ruled that minority institution can
reserve seats up to 50% within their right t o administer such institutions.
6. The state while acquiring the property of a minority education institution shall give them a
compensation that is of market value and not restrict or abrogate their fundamental right.
7. The state shall not discriminate while granting aid to a minority educational institution.
Fundamental rights Page 43
Article 31
30 December 2023
12:07
1. Omitted from constitution by 44th Constitutional amendment act.
2. 31A
a. The state while compulsorily acquiring the land of a person held within the ceiling limit of his
personal cultivation shall be offered a market compensation
3. 31B
a. Corresponding article of schedule 9
b. Inserted by 1st constitutional amendment
c. Any law that is put inside the 9th schedule will be immune to judicial review for violation of
human rights
d. In IR Coelho case
i. SC said that judicial review is the basic structure of the constitution
ii. No law can be given blanket immunity by keeping it in the 9th schedule
iii. Any law inserted in 9th schedule can be judicially reviewed for being violative of Article 14,
19, 21 and basic structure of the Constitution
iv. Those law which have been inserted in the 9th schedule before the Keshavananda Bharati
case, 24 april 1973 will be immune from judicial review. The keshavananda bharati case
will be applied prospectively
4. 31C
a. Inserted by 25th constitutional amendment act
b. Law that seeks to implement article 39(b)and(c) can violate article 14 and 19
c. The second provision was held unconstitutional because it immunized judicial review which is a
basic structure.
d. The 42nd amendment provided for primacy to entire DPSP over Article 14 and 19 in their
implementation
e. The supreme Court in Minerva Mills Case held that the complete DPSP cannot override article 14
and 19, so the current position is any law that seeks to implement 39(b)and(c) can violate article
Article 14 and 19.
Fundamental rights Page 44
Article 32
30 December 2023
12:07
1. Right to constitutional remedy if ones rights are violated by writs in SC and HCs
2. Heart and very soul of Indian Constitution as per Dr. BR Ambedkar
3. Writ jurisdiction given to
i. SC by article 32
ii. HC by article 226
iii. Parliament can extend writ jurisdiction to any court other than SC and HCs
4. The writ jurisdiction of HC are wider than that of SC as it can give writs for fundamental rights as well as legal
rights
5. 5 writs
i. Habeas Corpus
a. Issued to check legality of detention
b. Is of paramount importance for the protection of personal liberty
ii. Mandamus
a. Issued by a higher court to a public official who has failed to perform his/her duty
b. Can also be issued to a private organization who have public functions
c. the write of mandamus cannot be issued against President, Governor, others.
iii. Prohibition
a. Issued by higher court to lower court to prevent it from crossing its extent of jurisdiction
b. Preventive in nature
c. Mandamus directs activity, prohibition directs inactivity, i.e., not to do
iv. Certiorari
a. Means to be certified
b. Issued by higher courts to lower courts or quasijudicial authority
c. Cannot be issued against legislative or private offices (as violative of separation of power doctrine)
v. Quo Warranto
a. Means by what authority
b. Issued to check legality of a person holding public office
c. Cannot be issued against ministerial or private office
d. has to be enforced without the principle of locus standi
Fundamental rights Page 45
Article 33
30 December 2023
12:07
1. Empowers the parliament to restrict the rights of armed forces, forces in connection with
public order, intelligence, counter intelligence, etc for maintenance of discipline and proper
discharge of duties
2. Ex- Police force restriction of right act
Fundamental rights Page 46
Article 34
30 December 2023
12:07
1. Parliament may by law indemnify any act of a person who is an employee of the union/state/any other
person in connection with anything done in an area where martial law was in force.
2. Differences between martial law and National law
S no.
Martial law
National emergency
1
No ground mentioned in constitution
3 specific grounds: war, external aggression or armed
rebellion are mentioned in article 352 of constitution
2
Declaration of martial law does not
mean ipso facto(automatic)
suspension of fundamental rights
Article 358, dissolution of article `19 during national
emergency
3
No specific provision as to who shall
declare martial law
Only President can declare national emergency
4
Does not effect financial and
legislative relation between state and
the centre
financial and legislative relation between state and
the centre is effected
3. Armed Forces Special Powers Act (AFSPA)
a. The central government/governor of a state/administrator of a union territory can declare an area
as a disturbed area. (In Naga people's movement for human's right case, the Apex court ruled that
there should be periodic review of declaration every six month)
b. If an area is declared as disturbed area then a commissioned officer/non commissioned officer/an
officer of equivalent rank shall after giving due warning fire open to the extent of due warning fire
open to the extent of causing death, destroy an arm's dump, enter and search without warrant.
c. Any person arrested under the act shall be handed over to the officer in charge to the nearest
police station with minimum delay
d. Section(6) is the most important one where in no suit/legal proceeding shall be instituted against
any person for doing anything under the Act without the previous sanction of central govt.
4. Critical analysis of AFSPA
a. There have been cases filed for human rights abused and the courts have strongly objected
against misuse of the Act
b. Many judgements have place checks to prevent possible misuse
c. At the same time it is pertinent to ensure that the armed forces working in a hostile environment
are provided adequate safeguard.
Fundamental rights Page 47
Article 35
30 December 2023
12:07
1. Parliament not the state legislature shall make laws with respect to offenses in part 3
a. Parliament shall enact legislature for matter such as in Article 16, clause 3, article 33 and
article 34
b. Under article 32, clause 3 parliament can provide for the write jurisdiction to any court
other than supreme court and high court without curtailing the jurisdiction of supreme
court and hight court
Fundamental rights Page 48
Directive Principles of State Policy
16 January 2024
1.
2.
3.
4.
5.
6.
7.
8.
9.
09:48
Mentioned in part 4 of the Constitution from article 36 to 51.
The DPSPs are similar to instrument of instruction in Govt of India act, 1935
In the words of Granville Austin Constitution of India is equipped with tools of social revolution
DPSPs predominantly promote social and economic justice
The DPSPs are inspired form Irish Constitution and they have been tailor made to suit Indian
conditions
DPSPs are against the notion of laissez faire (free markets)
Supreme Court judgements
a. Paschim Bengal Khet Mazdoor Samiti: the Apex Court observed that role of state is that
of a welfare one both at central and state level
b. Minerva Mill case: observes that constitution of India is resting on harmonious balance
between fundamental rights and the DPSPs
c. Olga Tellis case: observed that DPSPs are fundamental for governance and the case was
with respect to rights of the pavement dwellers.
d. State of Kerala vs N.M. Thomas: highlighted that DPSPs and fundamental rights should
be construed (interpreted) in harmony
Article 36: the definition of state in Part 3 of the Constitution will be used in Part 4
Article 37:
a. These principles are non-justiciable yet they are fundamental for governance and the
state shall implement them in making laws
b. The DPSPs were made non-justiciable keeping in mind the fiscal capacity of the state so
as to enable the government to decide their implementation.
DPSPs Page 49
Socialist principles
16 January 2024
09:48
• Includes article 38,39, 39A, 41, 42, 43,43A, 47
• Article 38
○ It mandates to build a welfare State.
○ It minimizes inequality in income and eliminates inequality in status.
○ It promises social, economic, and political justice.
• Article 39
• Adequate means of Livelihood, the resources of the community are so distributed to serve the common good.
○ The economic system does not result in the concentration of wealth.
○ Equal pay for equal work for both men and women.
○ Citizens are not forced to enter avocations unsuited to their age or their strength.
○ The children should get the opportunity to develop in a healthy manner.
• Article 39 (A)
○ It was inserted by the 42nd Constitution Amendment Act wherein, the legal system shall promote justice and the
state shall, in particular, provide free legal aid.
○ The opportunity of securing justice is not denied to any citizen by the reason of economic or any disability.
○ In order to implement Article 39 (A), the Legal Services Authority Act, 1987, was enacted to provide free legal aid for
certain classes.
• Article 41
○ The state shall within the limits of its economic capacity make effective provisions for right-to-work assistance in the
cases of unemployment and underserved wants.
• Article 42
○ Just and humane condition of work along with maternity relief.
○ Recently the Maternity Benefit Act 1961 as amended provides for 26th weeks of paid maternity leave.
• Article 43 (partially socialist and Gandhian)
○ The state should strive to secure living wages, ensuring a decent standard of life and full enjoyment of leisure along
with social and cultural opportunities.
• Article 43
○ 42nd Constitutional Amendment Act inserted Article 43A wherein the state shall take steps to secure the participation of workers
in the management of industry.
• Article 47 (socialist and Gandhian)
○ Article 47 is based on partially Gandhian and Partially socialist principles.
○ The state shall among its primary duties improve public health and raise the level of nutrition and standard of living.
○ Public health is in the state list. Education including medical education is in the concurrent list.
○ Public health has been given priority over other matters keeping in mind the well-being of the people.
DPSPs Page 50
Gandhian principles
16 January 2024
09:47
• Basic Gandhian Principles
○ Non violence
○ Satyagraha
○ Vegetarianism
○ Celibacy
○ Manual labour
○ Prohibition
○ Civil disobedience
○ Non-cooperation
• Articles: 40,43, 43B, 46,47,48
• Article 40
○ The state shall endeavour or strive to establish village Panchayats and endow them with such powers so as to enable
them to function as a unit of self-government.
○ The 73rd Constitutional Amendment Act added Part IX, Article 243 to 243 (O), and XIth Schedule with 29 subjects.
○ It came into force on 24th April 1993. 24th April is celebrated as Panchayati Raj Day.
• Article 43 (Partially socialist and partially Gandhian)
○ It is partially socialist and partially Gandhian.
○ The state shall promote the cottage industry on an individual or cooperative basis in rural areas.
○ A cottage industry is where production is within the household, mainly by the members of the family with or without the use of
electricity.
○ Micro-Small Medium Enterprises (MSME) industries are determined on the basis of Capital.
• Article 43B
○ The Article was added by 97th CAA 2011. It added Article 43B.
○ It added Part IXB 243 ZH to ZT.
○ It amended Article 19 (1) (c) to add the word cooperative societies.
○ The Apex Court ruled that part IX B shall be applicable only to multi-state cooperatives under Bengal Secretariate Cooperative Land
Mortgage Bank and Housing Society limited vs. Alok Kumar case.
○ Article 43B directs the state to promote the voluntary formation, democratic control, professional management, and autonomous
functioning of cooperatives.
○ A new ministry of cooperation was established.
• Article 46
○ The state shall promote with special care the interest of weaker sections of the people in particular SC and ST.
○ The 103rd Constitutional Amendment Act which inserted Articles 15 (6) and 16 (6) gave the implementation of Article 46 as one of
the reasons in the original bill.
• Article 47(partially socialist and Gandhian)
○ Prohibition of the consumption except for medicinal purposes drinks and drugs which are injurious to the health.
• Article 48(partially liberal and Gandhian)
○ It is partially Gandhian and partially liberal principles.
○ Prohibiting the slaughters of cows calves, milch, and drought cattle. (Gandhian Principle)
○ The respective state legislature decides over these laws.
DPSPs Page 51
Liberal intellectual principles
04 January 2024
23:00
• Includes article: 44, 45, 48, 48A, 49, 50, 51
• Article 44
○ Uniform Civil Code (UCC)
▪ In the absence of an agreed definition of the Uniform Civil Code, the following key areas have been highlighted that will promote
UCC.
▪ Marriage, Adoption, divorce, inheritance, and maintenance.
▪ The Uniform Civil Code can be commonly understood as uniformity in personal laws matters irrespective of religious, ethnic, and
social diversity.
▪ The UCC has been a matter of contention wherein its adoption requires a wide consensus.
○ Benefits of adopting UCC
▪ It will promote national integration.
▪ It will help in achieving gender justice.
▪ It will make Indian society more progressive and secular in nature.
▪ It will bring an end to the complexity of the laws.
○ Challenges in the UCC
▪ There is resistance from the various quarters.
▪ The diversity provided to certain communities under Article 371 (a) and 371 (G) for Nagas and Mizos respectively keeping in mind
their distinct culture has to be relooked.
▪ Section 5 of the Hindu Marriage Act also permits sapindas (related by the blood) marriages, if permitted by the customs, has to be
suitably amended.
▪ The UCC has to be drafted keeping in the mind the unique diversity.
○ Supreme Court Cases
▪ In Shah Bano Case, 1985 the Apex court highlighted the necessity for the Uniform Civil code.
▪ In Ms Jorden Case, 1985 the apex court reiterated the need to have uniformity in marriage and divorce laws.
▪ John Vallamattom Case, 2003 the apex court comprehensively discussed UCC as a national integration necessity and to remove the
contradiction based on different ideologies.
▪ Sarla Mudgal Case, 1995 the apex court observed that there is no necessary relation between religion and personal laws.
▪ In the Daniel Latifi Case, 2001 the apex court upheld the right of Muslim Women to seek maintenance under section 125 of CrPC.
○ Way Forward
▪ Spreading awareness and education about the issue are required.
▪ The UCC should be achieved in a piecemeal manner.
▪ There should be wide deliberation with the major community in an inclusive manner.
• Article 45
○ The state shall provide early childhood care and education to all children in the age group 0 to 6 years.
○ To promote it government has schemes such as Universal Immunization Programme under Mission Indradhanush, the Mid-day meal
scheme (Aganwadi), Integrated Child Development Scheme (ICDS), etc.
• Article 48
○ To promote Agriculture on scientific lines.
○ Agriculture, including agriculture education, is on the state list.
○ To promote it agriculture universities, seeds banks and intergovernmental initiatives are being taken by the government
• Article 48A
○ The state shall try to protect and improve the environment and safeguard forests and wildlife. The wildlife and forest have been shifted
from the state list to the concurrent list.
○ The provisions related to Environment can be implicitly found under Article 21 (Right to Life) and explicitly in both DPSP and Fundamental
Duties.
• Article 49
○ It confers duty upon the state to protect monuments/objects of artistic or historic interest, declared to be of national importance from
spoliation, disfigurement, etc.
○ Archaeological Survey of India is an attached office under the ministry of culture and also undertakes projects outside India along with
underwater expeditions.
○ The mandate upon the state to protect the monuments also requires active citizenry participation and government has launched campaigns
such as Atulya Bharat (Incredible India).
• Article 50
○ The state shall take steps to separate the judiciary from the executive in the public services of the state.
• Article 51
○ The constitution is promoting international peace and security by directing the state to maintain just and honourable relations, respect
international Laws and Treaty obligations, and respect and resolve disputes by arbitration.
DPSPs Page 52
Fundamental duties
06 January 2024
05:17
1. Part IV (A) and Article 51A were added through the 42nd Constitutional Amendment Act,
1976.
2. The provision of Fundamental Duties was added to serve as a reminder to the citizens that
while they enjoy rights they also have duties.
3. Among the major constitutions, Japan has provisions of duties for the citizens.
4. “The source of right is duty. If we all discharge our duties rights will not be far to seek.
5. The Fundamental Duties were added on the recommendation of the Swaran Singh
Committees, 1976 constituted by Congress Party.
6. The Verma Committee, 1999 was constituted by the Government of India to look into the
implementation of the Fundamental Duties.
7. The Fundamental Duties have multiple significance in establishing a civilised order.
8. The United Nations Declaration of Human Rights 10th December 1948 in Article 29(1):
Everyone has duties to the community in which alone the Free and full development of his
personalities is possible.
9. Arnesh Kumar Case provided the manner of the arrest. Bail is the norm and jail is the
exception.
10. Fundamental duties are applicable to the citizens only.
11. The 11th fundamental duty was inserted by the 86th Constitutional Amendment Act
casting responsibility upon parents or guardian to send their children in age group 6-14
years to school.
12. Supreme Court Judgments on Fundamental Duties
a. Chandra Bhavan Boarding Case, 1969 the Apex Court observed that it is fallacy to
think that constitution only has the right but not the duties.
b. In AIIMS Student Union vs. AIIMS Case, the Apex court observed that Fundamental
Duties are important in interpreting the constitution or understanding constitutional
values.
Fundl. duties Page 53
Article 51A (11 sub clause in Fund. Duties)
16 January 2024
10:52
1. To abide by the constitution and respect its ideal and institution, the nation flag and national
anthem
# The prevention of insult to national Honour Act provides for criminal offense whoso ever
insults the constitutional and national flag, the same act provides for punishment for the
prevention of singing of national anther
# the flag Code of India, 2002 by Ministry of Home Affairs proved for complete direction with
respect to the National Flag
2. To cherish and follow the noble ideals which inspired our national struggle for freedom
3. to uphold and protect the sovereignty , unity and integrity of India
4. To defend the country and render national service when called upon to do so
5. To promote harmony and spirit of brotherhood transcending diversity and renouncing
practices that re derogatory to the dignity of women
6. Value and preserve rich heritage or our composite culture
7. Protect natural environment and to have compassion for lining creature
8. To safeguard public property and to abjure violence
9. Striving towards excellence whatever you do in all spheres of individual and collective actives
10. To develop scientific temper, humanism, spirit of enquiry and reform,
11. Parent or guardian to provide opportunity for education to his children or wards from 6-14
years of age(86th Constitutional Amendment Act)
Fundl. duties Page 54
Criticism of fundamental duties
04 February 2024
14:34
Does not contain important duties like casting vote at election, family planning , paying of taxes , etc.
Fundl. duties Page 55
Executive
06 January 2024
13:40
1. Union executive comprises of President, Vice President, Prime Minister, Council of Minister and
Advocate General
2. State executive comprises of Governor, Chief Minister, council of minister and advocate General
Executive Page 56
President
06 January 2024
14:16
1. First citizen of India
2. Symbol of unity and integrity and he is the supreme commander of the defence forces
Executive Page 57
Qualification for Pres
06 January 2024
14:18
1. Must be citizen of India
2. Age : 35 years
3. Should be qualified to be a member of Lok Sabha
Executive Page 58
Electoral college for pres
06 January 2024
14:19
1. Elected members of RS and LS (not nominated one)
2. Elected members of SLA
3. Elected members of the Legislative Assembly of Delhi and Puducherry
Executive Page 59
Election of President
06 January 2024
14:35
1. The election of President happens through STVPR (Single Transferable Vote Proportional Representation)
2. Value of votes
a. 1 MLA= (total population of state/(total number of MLA*1000))
b. 1 MP= Total vote of all MLAs of all states/ total MPs[RS+LS]
3. Electoral quota required to win= (total number of valid votes/2) +1
4. Counting Process
a. Election is conducted through ballot
b. Each member of electoral college is given 1 ballot paper
c. They will not cast vote to one candidate but they will exercise preference
d. The ballot paper shall be segregate as per the first preference exercised in them
e. The first round of counting if leads to anyone securing the prerequisite electoral Quota, the person
shall be declared elected
f. If no one secure the required electoral quota then the second round of counting shall began where
in the person securing the least first preference vote shall be eliminated. His or her ballot paper shall
be taken out and the next preference exercised on those ballot paper shall be given the respective
candidate marked
g. The process goes on till someone secures the requisite electoral quota
5. Any dispute regarding election of President shall be addressed by Supreme Court only.
Executive Page 60
Impeachment of Pres
06 January 2024
14:22
1. All those who can participate in impeachment:
a. all members of Parliament (nominated members of RS are also included)
b. members of SLA and LA of Delhi and Puducherry do not take part in impeachment but only in
Election
2. Ground of impeachment is violation of Constitution
3. Process of impeachment
a. Impeachment charges initiated by either House of Parliament
b. Impeachment charges can only be brought after signed by at least 1/4th members of house, giving
14 days' notice
c. The first house shall pass the resolution by a special majority that is 2/3rd of the total membership of
the house, It shall then be communicated to the second house
d. The second house shall investigate the charges
e. The president has a right to appear or be represented in the Second house
f. The second house, if sustains the charges and separately passes the resolution by requisite majority,
then President stand impeached.
Executive Page 61
Others
06 January 2024
14:32
1. In case of abrupt vacancy of the office of President the election shall be held within 6 months
2. The President is administered the oath by CJI or in his or her absence by the senior most judge.
3. The Vice President in case of abrupt absence of President officiates the office of President and receives the
salary and allowances of President
4. In case of absence of President and Vice President the office of President is handled by CJI or by the senior
most judge.
Executive Page 62
Executive power of Pres
06 January 2024
14:45
1. All executive action of union are taken under the name of president
2. President is de jure head of Executive, whereas Prime Minister is the de facto head of Executive
3. Appoints Prime Minister and other members of council of minister on advise of prime minister
4. Ministers remain in office at pleasure of president
5. President on the advice of Council of Ministers appoints:
a. Comptroller and Auditor General of India
b. Members and chairperson of UPSC
c. Member and Chairperson of Finance Commission
d. Governors
e. Chief Election Commissioner and member of Election Commission of India
6. Prime Minister under constitutional obligation to communicate to the president the decision of Council
of Ministers about the administration of affairs of the Union and the proposal of legislation
7. President may ask Prime Minister to submit for consideration of the entire Council of Ministers for a
decision which has been taken by a single minister
Executive Page 63
Relation between Governor and Pres
06 January 2024
14:45
1. Language of article 74 is similar to that of article 163
2. President is not given explicit discretion but implicit discretion whereas the Governor is given explicit
discretion
3. Apex court has dealt with this earlier
4. Under article 74, the president is under constitutional obligation to act on the aid and advice of his
Council of Minister bindingly if sent for 2nd time, there is no such provision for Governor
5. Governor has been provided explicitly discretion in order to ensure that the state is being carried around
as per provisions of the constitution
6. Few situations where Governor can act independently
a. While preparing report on President rule
b. Appoint Chief Minister when there is no clear majority
c. Under article 239, when a governor is appointed as Administrator of an adjoining UT, he act
independently from the influence of his Council Of Ministers
7. Generally the President and the Governor are expected to work on the aid and advice of Council of
Ministers they had appointed.
Executive Page 64
Legislative Power of President
06 January 2024
14:46
1. President summons and prorogues the house of Parliament and the order is issued on the
name of President
2. President sign every bill to enact it into a law
3. Nominates up to 12 members in Rajya Sabha
4. Addresses both house of Parliament after general election and the speech outlines
governmental priorities
5. Constitutional provision for President to address both house of Parliament
6. Also addresses both house at first session of each year
7. Presidential address is approved by the Government. After the Presidential address both
houses pass motion of thanks.
8. Defeat of motion of thanks amount to defeat of Government
9. Pro tem speaker is appointed by President and the date of election of speaker is also fixed by
President
Executive Page 65
Ordinance making power of Pres
06 January 2024
Promulgation-declare/announce
14:46
1. Not a parallel law making power
2. Can be promulgated by President on aid and advice of Council of Minister
3. Governor cannot make ordinances without the reference to President in following cases
a. Bills that have similar provisions require the prior approval of President of introduce the bill in in
assembly
b. If Governor would have deemed it necessary to reserve a bill containing similar provisions for
consideration of the president
c. If an act of State legislature containing same provisions would have been invalid without receiving
President's assent
4. Ordinances can only be promulgated for ordinary law and not constitutional amendments.
5. An ordinance can only be promulgated when
a. Both house are not in session
b. Any one house is not in session
6. Every ordinance requires to be approved by both house of parliaments within 6 weeks of their
reassembly
7. The rule of Lok Sabha requires that the bill seeking to replace ordinance shall be accompanies by a reason
that necessitated ordinance
8. Maximum life of ordinance can be 6 month and 6 weeks
9. Ordinance power is given to fill legislature gap during recess period and not to bypass legislature
10. Ordnance making is provided to deal with exigencies and can be promulgated only to deal with those
matters which the Parliament is generally empowered to do
11. Court cases related to ordinances
a. In R.C. Cooper vs Union of India case, (Bank Nationalisation case) the Apex court ruled that the
ordinance making is subject to judicial review
b. In D.C. Wadhwa vs State of Bihar, the Apex court ruled that repromulgation or ordinance is
unconstitutional
c. Krishna Kumar Singh vs state of Bihar: Satisfaction of President under article 123 and Governor
under article 213 while issuing an ordinance is not immune from judicial review
12. Issues related with ordinance making
a. Overuse by executive
b. Violation of Doctrine of Separation of Powers
c. Terms like 'emergency' and 'necessity' which are grounds of passing ordinances, are not defined
properly.
d. Since ordinances are not passed through legislature scrutiny, they are not accountable
e. Ordinance making are bone of contention in centre-state relations
Executive Page 66
Veto Power of Pres
06 January 2024
14:46
1. Usually not exercised by president
2. The term veto is not mentioned in Constitution
3. Both house go to President for his assent
4. No veto can be exercised over Constitutional Amendment Bills
5. Veto are provided to President to
a. Prevent hasty legislation
b. Prevent unconstitutional bills to become law
6. Types of vetoes
a. Absolute veto
i. President to withhold assent which will terminate the bill
ii. Situations in which absolute veto is used
1) For private member bills
2) If new Council of Minister recommend not to enact a bill
b. Suspensive veto
i. President can sent bill for reconsideration to both house of Parliament
ii. The Reconsidered bill is bounding on President if sent for second time, with or
without amendment
c. Qualified veto (in USA and not in India)
i. Bill sent for reconsideration need to be passed by special majority for the second
time
d. Pocket veto
i. Constitution did not give any stipulated time period for President to enact or
reject a bill
ii. President can keep the bill pending
7. A bill passed by State Legislative Assembly can be reject for second time by President, if
reconsidered and transmitted to President
Executive Page 67
Financial Power
06 January 2024
14:46
1. President cause to laid both house of Parliament the Annual Financial Statement
2. No demand shall be voted upon in Lok Sabha without the prior recommendation of President
3. No money bill shall be introduced in Lok Sabha without prior recommendation of President
4. Finance commission is constituted by President
Executive Page 68
Judicial powers of Pres
06 January 2024
14:47
1. Appoints judges of SC and HC under his hand warrant and seal
2. Can exercise Pardoning power
3. Can seek advice from SC on any question of Law or Fact
Executive Page 69
Constitutional position of Pres
06 January 2024
14:47
1. Ceremonial head of Government
2. India has Parliamentary form of Government, where President is bound by aids and advice of Council
of Minister
3. According to BR Ambedkar in Constituent assembly position of President and King of UK is similar as
they
a. Are bound to act in accordance to aid and advice of PM and his council of Minister
b. Cannot dissolve a government which have majority in Parliament
4. Apex Court has repeated many times that President is bound to use his powers on the aid and advice
of PM and his council of Minister
5. But at the same time, President is not a rubber stamp
a. Presidential oath mandates President to preserve, protect and defend the Constitution
b. Article 111, used rarely empowers President to withhold his assent over a bill
c. Has implied discretion
i. Can chose PM in case of no clear majority of Party in Parliament
ii. Can dissolve LS on recommendation of Council Of Minister that has lost majority in the
Parliament
Executive Page 70
Pardoning Power of President
17 January 2024
11:23
1. The President can exercise, under Article 72, Pardoning power in the following matters:
2. The matters where the executive powers of the Union extend.
3. Punishment is by a court martial.
4. Where the sentence is a sentence of death.
5. The Governor exercises pardoning power under Article 161 concerning offenses against any law where the executive power of a
state extends.
6. The Governor cannot exercise these pardoning powers for death or court martial (though the governor can commute a death
sentence).
7. Types of Pardons
a. Pardon
i. Complete absolvement from conviction sentence and disqualification.
b. Commutation
i. Changing the character of punishment but not the quantum of punishment i.e. substitution of punishment to a
lighter form from rigorous imprisonment to simple imprisonment.
c. Remission
i. In this, the period is reduced without reducing the character such as two years of rigorous imprisonment to 1 year
of rigorous imprisonment.
d. Respite
i. It reflects awarding of a lesser sentence due to a special circumstance such as a physical disability.
e. Reprieve
i. It is a temporary stay on the execution of a sentence, generally a death sentence for a temporary period to enable
the convict to seek pardon or commutation
8. Cases
a. In the Maru Ram case, the apex court held that pardoning can be exercised on the advice of the council of ministers and
powers are very wide but they cannot be allowed to run riot.
b. In the Kehar Singh case, pardoning is seen as a constitutional responsibility and a personal hearing is not compulsory.
c. In the Bikas Chatterjee case, the apex court held that mala fide can be checked in a pardoning decision.
d. In the Epuru Sudhakar case, the court acknowledged limited judicial review.
e. In the Shatrughan Chauhan case, inordinate delay in the disposition of the mercy petition was seen as a ground to
commute death to life imprisonment.
9. Entry 4 of the state list has prisons.
10. Section 432 of CrPC empowers the appropriate government to exercise remission.
11. Section 433A puts a proviso that remission shall be exercised only after completion of 14 years in jail if the person is awarded
life imprisonment in an offence where the maximum quantum of punishment was death.
12. Section 435 states that while exercising remission in a matter which was either investigated by the agency of the union or either
any agency established under the Delhi Special Police Establishment Act, then the state government shall also consult the union
government while exercising remission.
13. The apex court in the Laxman Naskar case- laid down the following guidelines while exercising remissiona. The chance of the crime being repeated in the future.
b. Whether the convict lost the potential to commit the crime.
c. Whether the offense is a society at large or an individual.
d. Socio-economic conditions of the convict's family.
e. Whether any purpose is being served by keeping the convict in prison.
14. The apex court has consistently maintained that mitigating and aggravating circumstances should be taken into consideration.
15. The apex court in the Machhi Singh case ruled that the following factors are to be taken into account while awarding the death
penalty.
a. Motive.
b. Anti-social nature of the crime.
c. The magnitude of the crime
d. The personality of the victim
e. Other aggravating circumstances.
16. In Santa Singh's case, it was observed that mitigating factors should be collected by professionals.
17. In Santosh Kumar's case, the apex court ruled that the death penalty shall only be awarded if there is no possibility and life
imprisonment is completely out of the question.
18. Abraham Lincoln- "I have found that mercy bears richer fruits than justice."
a. Any punishment awarded should be reformative rather than retributive justice while balancing the rights of the accused
and victim.
19. Parole is awarded to convict so as to release the prisoner subject to his behaviour and is not a matter of right.
20. It can be denied if release is against the larger interest of society.
21. Furlough is usually exercised in long-term imprisonment and granted periodically and is a matter of right.
22. They are grated to enable the prisoner to retain and reignite family and social ties.
Executive Page 71
22. They are grated to enable the prisoner to retain and reignite family and social ties.
23. Both parole and furlough are part of reformative justice.
Executive Page 72
Vice president
06 January 2024
18:19
1. Office of Vice President inspired by the office of VP of the USA
2. Vice President is second in order of Preference
3. Office of VP can be entered up on after taking an oath:
a. Should bear true faith and allegiance to the constitution of India
b. He will discharge the duties of office faithfully
4. Functions of VP
a. Act as ex-officio chairperson of RS
b. When he/she act as President, get salary and allowance as of President
c. In USA- VP in absence of President, act for the entire tenure as President
d. In India- VP can maximum act as President for 6 months
e. In case of Vacancy of VP, the election of President is conducted as soon as possible
Executive Page 73
Qualification
07 January 2024
03:43
1. Should be citizen of India
2. Age > 35 years
3. Qualified to be a member of Rajya Sabha
Executive Page 74
Electoral college
07 January 2024
03:46
1. All members of RS and LS, including nominated members
*note: members of SLA do not participate in election of the VP
Executive Page 75
Removal of VP
07 January 2024
1.
2.
3.
4.
03:49
Can be removed from office by a special procedure
No ground has been mentioned in Constitution for removal of VP
Any such resolution can be introduced in RS after 14 days of notice
The VP shall be removed by a majority of then members of the house, i.e., effective majority
agreed upon by LS
Executive Page 76
Prime minister and COM
06 January 2024
18:19
1. Council of Minister mentioned in Article 74 (union)and 163(state).
2. The Council of Minister's strength should be
a. 15% of LS at Union Level
b. 15% of SLA at State Level
3. Article 74 says President acts on aid and advice of Council of Minister
4. Council of Minister comprises of Cabinet ministers, minister of state independent charge and Minister of
State. There can also be deputy ministers.
5. The internal classification of Council of Ministers is not mentioned in the constitution of India
6. Salaries and allowance of Council of Ministers are determined by the Parliament
7. Every ministers and attorney general shall have the right to take parti n proceedings of the parliament and
not be entitled to vote.
8. They can take part even if still not a member of that house
Executive Page 77
Council of Minister vs Cabinet
07 January 2024
04:05
S no.
COM
Cabinet
1
It is a bigger body comprising of 60-70
ministers
It is a body of minister that have cabinet
rank and usually 15-20 in number
2
It has all power as per the constitution
It exercises the power in practical
3
COM comprises of Cabinet, Ministry of
State, Ministry of State independent
charge
It comprises of cabinet minister
4
It is a constitutional body mentioned in The term cabinet was not mentioned in
article 74 and 75
original constitution but it is in article 352
through 44th constitutional amendment Act
5
Implements all decision by cabinet
Takes the decision and implement these
decisions
Executive Page 78
Collective responsibility
07 January 2024
04:22
1. All the powers as per the constitution.
2. The principle of collective responsibility is an important element of Parliamentary democracy in India
3. Collective responsibility refers to the principle where the entire council of ministers, including the Prime
Minister, is accountable for the decisions and actions of the government. Every minister, irrespective of their
portfolio, bears joint responsibility for government policies, actions, and performance.
4. Article 75 provides that the council of ministers shall be collectively responsible to the Lok Sabha
Executive Page 79
Prime Minister
07 January 2024
04:05
1. The council of ministers is headed by Prime Minister
2. The President shall make rules of the convenient business of union. The President allocates the business
in/among said ministers in the advice of Prime minister.
3. Duties of PM
a. Communicate to the President all the decisions of the Council of Ministers and proposals for the
legislation
b. To submit for the consideration of entire council of ministers a decision which has been taken by an
individual minister
Executive Page 80
Cabinet
07 January 2024
04:05
1. Highest decision taking body in our administrative system
2. The cabinet related responsibility of PM is taken care by the cabinet secretary.
3. The cabinet secretariat is headed by the cabinet secretary who is the chairmen of the civil
services board
4. The cabinet secretariate prepares the agenda for the cabinet meeting, notes down the details,
and communicates to the ministries
5. All important decisions related to legislature, and finance are taken by cabinet
Executive Page 81
Cabinet Committees
07 January 2024
04:05
1. They are not mentioned in the constitution.
2. Article 77(3), empowers the President to make rules for the convenient transactions of the
business of the Government of India
3. Using the power of Article 77(3), the Government of India transactions of Business rule
1961 were made
4. These cabinet committees are extra-constitutional and derive their existence from the
business of the rule
5. Role of Cabinet committees
a. To reduce burden of the cabinet and expedite the decision making
b. They function on the principle of division of labour and resolve the complex issues
and prepare proposals for the cabinet
c. Are normally headed by Prime minister (except for Cabinet Committee on
Accommodation and Cabinet on Parliament Affairs)
6. List of 8 cabinet committee
a. Appointment committee of cabinet
b. cabinet committee on accommodation
c. cabinet committee on economic affairs
d. cabinet committee on Parliament Affairs
e. cabinet committee on political affairs
f. cabinet committee on security
g. cabinet committee on investment and Growth
h. cabinet committee on employment and skill development
Executive Page 82
Basics
04 January 2024
02:04
1. Comprises of president, the council of states and house of people
2. The constitution have accepted bicameralism
3. Election in Rajya sabha by MLAs through STVPR- Single Transferrable Vote Proportional
Representative
4. All states and 3 UT's are represented in Rajya Sabha as mentioned in 4th schedule
5. Lok sabha member elected through First Past The Post system
6. Territory broken into constituencies with same number of people per constituency across the
states (inter-state parity)
7. The ratio of populations of each constituency throughout the state is kept constant as much as
possible
8. 42nd Constitutional Amendment Act- locked the total number of constituencies and division of
state into constituencies till the year 2000
9. 84th constitutional Amendment Act, 2001
a. Froze total seats for each state till first census after 2026
b. Allowed for readjustment and redrawing constituencies and reserving seat for SC/ST without
changing the total numbers in the constituency in each state
10. 87th constitutional Amendment act ----> redrawing of constituencies boundary shall be done as per
2001 census
11. Parliament enacted, Delimitation Act 2002 and Delimitation Commission's recommendations were
accepted in 2008
12. Article 329(b)---------> no law related to delimitation exercise can be brought in any court
13. Reason for bicameralism
a. Check on hasty legislation
b. Gives wider choice to PM for his councils of ministers
c. Double scrutiny leads to better legislation
d. Rajya Sabha represents and reflects all the states in the central legislation--------> federal and
representative roles for state
Parliament Page 83
Composition of Parliament
04 January 2024
02:50
1. Representation of people act, 1957
a. Rajya sabha's member has tenure of 6 years with 1/3rd member retiring every 2 years
2. That is why rajya sabha has no tenure and thus called a permanent house
3. Lok sabha lasts for 5 years from its first meeting
Parliament Page 84
Qualification to be a MP
04 January 2024
02:58
1. Age
a. LS: 25 years
b. RS: 30 years
2. Citizen of India
3. Must subscribe to an oath before an officer authorized by election commissioner of India
4. Must be a registered voter in any Lok Sabha constituency to contest for Lok Sabha
5. To contest for Rajya Sabha one must be a registered voter in any parliamentary constituencies in India
6. In Kuldeep Naiyar vs Union of India case, SC ruled that any registered voter in any state's constituency
can contest for any other state in Rajya Sabha
7. Representation of the People Act (RPA) 1951, 2003 amendment was upheld by SC in 2006
Parliament Page 85
Disqualification for MP
04 January 2024
20:18
1. No more a citizen of India
2. Unsound mind declared by a competent court
3. She/he is an undischarged insolvent or have an office of profit as per RPA is a ground for disqualification
4. Office of profit
a. Term not defined in constitution
b. Provision of disqualification under tern office of profit
i. Member of legislative holding executive office other than ministerial office is violation of
separation of power doctrine
ii. It will dilute independence of legislature
iii. Executive patronage may dilute their accountability toward legislature
c. Apex court laid down following guideline to determine office of profit
i. Whether the appointment is by government or not
ii. Whether the renumeration is paid by govt. or not
iii. Whether the right to dismiss is with govt. or not
d. In Subramaniam Swamy case, SC ruled that while deciding over a disqualification petition, Election
commission plays a quasi-judicial body and principle of natural justice should by followed
e. The decision of disqualification is taken by President on the binding advice of Election commission of
India
f. The parliament can prevent disqualification by making incorporating that post into law under office
of profit act, 1959
g. In Jaya Bachchan vs Union of India case, the pecuniary gain at State's expense was hold as office of
profit
h. In Divya Prakash's case, the post was not considered as office of post as the job did not came with
pecuniary benefits
Parliament Page 86
Multifunctional role
05 January 2024
22:56
1. Legislative role
2. Executive role:
a. Ministers are chosen from among the legislatures.
b. Executive responsible to Legislature. Tools like no confidence motion and question hour enforce it
c. Can impeach President
3. Judicial role
a. During impeachment of President and others, acts as a quasi-judicial body
4. Financial power
a. Passing of Union Budget
b. Enactment of Money bills and Financial Bills related to taxation, expenditure, Consolidated fund of
India, etc.
Parliament Page 87
Lok sabha
05 January 2024
02:48
Parliament Page 88
10th schedule ( -defection law)
04 January 2024
01:36
1. Defection means abandoning one political party for gains or incentive
2. Defection is frowned upon because
a. Frequent defection leads to unstable government
b. People's belief on democracy erodes
c. Mid-term election leads to wastage of resource, energy and time
d. Unethical in practice
e. Governance is impacted
3. Anti-Defection law: 10th Constitutional amendment added 10th schedule with anti-defection law
4. How a person is disqualified
a. If an independent member joins a party
b. If a nominated member joins a party after 6 months
c. If one votes against the direction of party or abstain from the voting and action is not condoned by
party within fifteen days, the person shall be disqualified
d. When less than 2/3rd members switch parties, they all are disqualified
e. When less than 2/3rd or more members may merge with a political party, this will not lead to
disqualification
5. Court Decision
a. Kihotoholo Hon vs Zachilhu, the Apex court in 1992, ruled that the decision is subject to judicial
review
b. Apex court in S.A. Sampath Kumar vs Kala Yadaiah directed the speaker to take a decision within 3
months
c. Supreme court in honourable Manipur Legislative Assembly case also suggested an independent
tribunal shall better take the decision under the 10th schedule
d. The Apex court has consistently, raised the issue of mala fide (bad intention), in taking decisions
under 10th schedule
6. Way forward
a. The unusual distinction between nominated and independent members in legislation can be done
away with
b. The speaker shall be replaced with an independent tribunal
c. There must be time frame within which the decision must be taken
d. The person who gets disqualified should not be allowed to contest for remainder tenure
Parliament Page 89
Office of the speaker
04 January 2024
20:39
1. One of the most important officer in Indian Parliamentary system
2. Derives authority from
a. Constitution of India
b. Rules of procedure and conduct of Business convention
3. Ex-officio chairperson of
a. Business advisory committee
b. Rules committee
c. General purpose committee
4. Functions
a. Certifies a bill as a money bill
b. takes a decision over schedule 10 that is anti-defection law
c. Maintains order and regulates proceeding
d. Has a casting vote and exercise it, when there is a tie. Although he cannot use his casting vote if
there is resolution for his/her removal.
e. Presides over joint session of houses. (Article 108 provides for joint session)
f. Final interpreter of Constitution in the house
5. Election
a. Elected by Lok Sabha members among themselves
b. As per rule 7 of the rules of procedure and conduct of business, the date for election of speaker is
fixed by President
c. Speaker does not take separate oath as the Member of Parliament
6. Removal
a. Motion can be introduced in Lok Sabha by its member
b. Rajya Sabha has no say in removal of speaker
c. Any such motion need to give a prior notice of 14 days signed by minimum of 50 members of Lok
Sabha
d. The speaker shall be removed by effective majority (>2/3rd of present members in house)
Parliament Page 90
Deputy speaker
05 January 2024
1.
2.
3.
4.
5.
02:33
Is a constitutional dignitary (constitutional post)
Date of election of DS is fixed by speaker
Deputy speaker becomes chairman of a committee he is part of
As a convention, the post of DS is given to opposition
DS presides over in the absence of speaker and act as a speaker when the office of speaker is
vacant
Parliament Page 91
Panel of chairperson
05 January 2024
02:35
1. Under the rule of Lok Sabha speaker can nominate 10 person as chairpersons
2. The chairpersons presides over in case of absence of speaker and deputy speaker
3. When the office of speaker falls vacant then a person appointed by President acts as a pro tem
speaker
Parliament Page 92
Pro Tem speaker
05 January 2024
02:37
1. The outgoing speaker demits office just before the first sitting of new Lok Sabha
2. Among the newly elected members of Lok Sabha, one of them is administered an oath by President as
Pro tem speaker
3. The pro tem speaker presides over the new Lok Sabha, administers oath to the MPs and enable the
election of new Speaker
Parliament Page 93
Dissolution- Lok Sabha
05 January 2024
13:09
1. Lok Sabha has a tenure of 5 year from its first meeting
2. after that Lok Sabha is dissolved and it can be dissolved even earlier by the president
3. effect of dissolution of Lok Sabha on bills
a. a bill initiated and passed in Lok Sabha - lapses
b. a Bill passed by Lok Sabha and pending with Rajya Sabha - lapses
c. a Bill passed by Rajya Sabha and pending with Lok Sabha - lapses
d. A bill initiated and pending in Rajya Sabha - not lapses
e. when a joint sitting is called by the president before the dissolution of Lok Sabha The
joint session will go ahead as planned - not lapses
f. A bill pending with presidential assent- not lapses
g. a bill which has been sent to president for reconsideration - not lapses
Parliament Page 94
Rajya Sabha
05 January 2024
02:47
Parliament Page 95
Chairman of the Rajya Sabha
05 January 2024
02:49
1. Vice president of India is the chairman of Rajya Sabha
2. Vice president is elected by both rajya sabha and lok sabha members
3. The chairman of rajya sabha has two power that is less restrictive than the speaker
a. To certifying a bill as a money bill
b. Presiding over the joint sitting of the two houses
c. The chairman enjoys equal power as the speaker in case of casting vote, but he could
not vote in him removal motion as he is not the member of the rajya Sabha (ex-officio
chairman of rajya sabha)
Parliament Page 96
Special power of Rajya Sabha
05 January 2024
23:05
1. Creation of new all-India services
2. Authorizing the Parliament to legislate on State List
Parliament Page 97
Comparison between RS and LS
06 January 2024
02:24
Parliament Page 98
Leader of the house
05 January 2024
12:27
1. Under the rules of Lok Sabha, the leader of house is the prime minister if he is a member of
the Lok Sabha
2. If the prime minister is not a member of the Lok Sabha, then he nominates a senior minister as
the leader of house in Lok Sabha
3. Similarly, a minister in Rajya Sabha is the leader of the house
Parliament Page 99
Leader of opposition
05 January 2024
12:29
1. Not mentioned in constitution
2. Is a statutory post as mentioned in Salary and Allowances of leaders of Opposition in
Parliament act,1977
3. The leader of opposition is given to the single largest party if it has 10% of seats in house
4. As per Mavlankar rule, the party that is the single largest party in opposition and it has least
10% seats of the total strength of the house shall be given leader of opposition status
5. The leader of the opposition enjoys the rank of a cabinet minister
6. The leader of the opposition is also part of important committees that recommend the name
of the director of CBI, Lokpal, etc
7. The leader of opposition is the principle face of the opposition where they highlighted the
governmental shortcomings and raise issue from time to time. They also constructively
participate with government to pass important bills.
Parliament Page 100
Whip
05 January 2024
1.
2.
3.
4.
12:36
Neither mentioned in constitution not in any statute
Based on Parliamentary convention
Parities have their whip in Parliament
The whip is entrusted the task of ensuring the attendance of party members, securing their
support in favour or against any particular issue, etc.
Parliament Page 101
Session of Parliament
05 January 2024
1.
2.
3.
4.
12:44
The notices lapse on the prorogation of session except the notice to introduce the bill
Bills don't get effected on prorogation of session
There shall be no gap more than 6 months between two sessions
Parliament usually meet for 3 sessions
a. Budget session
b. Monsoon session
c. Winter session
Parliament Page 102
summon
05 January 2024
1.
2.
3.
4.
12:59
Sole prerogative President to summon the house of parliament
A session is calling of the new parliamentary session
A session is duration from its first sitting to the prorogation
The period between prorogation and reassembly is called recess
Parliament Page 103
Adjourn
05 January 2024
13:03
1. Adjourning of the ongoing parliamentary session with a stipulating time of reassembly
2. Adjournment suspend the work of parliament for a definite period. It has not effect on the
Parliamentary session
Parliament Page 104
Adjourn Sine die
05 January 2024
13:07
1. Suspension of Parliamentary sitting without any stipulated time for reassembly
2. Usually done before prorogation of Parliamentary session
Parliament Page 105
Prorogation
05 January 2024
13:10
1. Termination of an ongoing session by the President
2. Generally on the last day of the session the house is adjourned sine die and the President
issues the order or Prorogation in a day or two.
Parliament Page 106
Parliamentary tools/devices
05 January 2024
13:39
Parliament Page 107
motions
05 January 2024
13:41
1. Motions in Parliament - In parliamentary procedure, a motion is a kind of proposal made
by any member of a legislative body for that body to take a certain action or express a
certain opinion. In other words, a motion is a formal proposal that is put forward for
discussion and debate by the members of parliament.
2. 3 types of motion
a. Substantive motion: Any motion dealing with a very important motion like the
impeachment of the President, thereby substantive in character is a substantive
motion
b. Substitute motion: it is an alternative to the original motion and supersedes the
original motion if accepted
c. Subsidiary motion: it is motion that has not independent existence without
reference to the original motion that it seeks to amend, supersedes, etc.
Parliament Page 108
Question hour
05 January 2024
13:39
1.
2.
3.
4.
It is binding on the MPs
Generally first hour of the day
Promote accountability of executive towards legislative
The speaker of Lok Sabha and Chairman of Rajya Sabha through the office of the Secretary-General
accept these requests
5. Starred question
a. It is distinguished with an asterisk
b. An oral answer is required to be given and supplementary questions can be asked
6. Unstarred Question
a. It is required to be answered in written form
b. The supplementary questions cannot be asked
c. It is generally used for those questions which are exhaustive in nature
7. Short term notices: It is asked by giving a notice of less than 10 days and is answered orally
Parliament Page 109
Zero hour
05 January 2024
13:39
1. An Indian innovation
2. It is not mentioned in Rule of Procedure
3. It is a device to raise the issue of contemporary relevance
4. It is the time between the question hour and business of the day
Parliament Page 110
No confidence motion
05 January 2024
13:40
1. Not mentioned in the Constitution but in the rule of procedure
2. Can only be brought in Lok Sabha
3. It can be brought without giving any reason
4. At least 50 members must sign for a No confidence motion to be admitted
5. The passage of the no confidence motion will lead to the fall of the government.
Parliament Page 111
Confidence motion
05 January 2024
13:40
1. It is to secure the confidence of the house and brought by the ruling party
2. Generally, confidence motion is required when there is a thin- wafer majority or doubt over
the majority
3. The passage of the confidence motion, will lead to the survival of government
Parliament Page 112
Adjournment motion
05 January 2024
Censure: strong disapproval against government
especially in formal statements
13:40
1. Extraordinary device involving a sense of censure against the government
2. In short, it means bringing attention of the house to a particular important issue, disrupting the
normal functioning of the house
3. Can only be brought in Lok Sabha
4. It can be brought for a definite issue, of contemporary relevance and should be covering one matter
5. Adjournment motion to be admitted required the support of at least 50 members
6. Minimum duration of adjournment is of 2.5 hours
7. Cannot be brought into Rajya Sabha(because only Lok Sabha with directly elected member can show
dissatisfaction with the government, as adjournment motion has an element of censure)
Parliament Page 113
Attention motion
05 January 2024
13:40
1. Special type of motion where the attention of a minister is brought upon an urgent matter of
public importance
Parliament Page 114
Closure motion
05 January 2024
13:41
1. Ensure that the debate is cut short and matter is put to vote
2. 4 types of closure motions
a. Simple closure: enough discussion has taken place and now the bill must be put for voting
b. Closure by compartment:
i. Clauses of bills are grouped together
ii. The discussion happens over them as a whole
iii. The bill is put to vote after then
c. Kangaroo closure:
i. Identification of important clause of bill take place
ii. Debate and voting on those clauses happens and if passed the entire bill is passed
d. Guillotine closure
i. Undiscussed part of the bill is clubbed together with the discussed part and the entire bill is
voted upon
Parliament Page 115
Law making procedure
05 January 2024
•
•
•
•
15:02
Most important task of the legislature is enact the law
The bill pass through stages before they become the law
A bill is a proposal for legislation and become law if enacted
A bill can be introduced by
a. Ministers: Government bill
b. Private members: Private member bills
Parliament Page 116
First reading
05 January 2024
1.
2.
3.
4.
15:04
Bill is introduced after house grant leave (grant permission to be introduced)
If the bill is published in the Gazette no such grant of leave is required for introduction
The bill becomes the property of the house
First reading comprises of introduction of bill and publishing it in the Gazette
Parliament Page 117
Second reading
05 January 2024
15:04
1. Most important stage of the bill
2. Bill takes it final form or shape
3. At this stage, house has following option
a. It may take up the bill for consideration immediately or may fix some other date
b. It may refer the bill to select committee or a joint committee
c. May invite public opinion
4. A select committee comprises of members of that house only, and joint committee comprises
of members of both houses
5. The committee will comprehensively discuss the bill clause by clause and make
recommendation
6. The house then discuss the bill in detail and vote on different clause separately
7. Members are allowed to move amendments. If accepted become a part of the bill
Parliament Page 118
Third reading
05 January 2024
15:04
1.
2.
3.
4.
Bill is either accepted of rejected as whole
No amendments can be made at this stage
If the bill is passed it is transmitted to the second house
The Parliament consists of 2 houses and thus the bill is transmitted to the second house
The second can take following actions
a. Pass the bill in original state and transmit it to President for assent
b. Reject the bill
c. Do nothing for 6 months
d. Suggest amendments which may or may not be adopted by the first house
In the below 3 scenarios, The President can call for a joint session
For examplea. Dowry prevention bill
b. Banking services commission bill
c. Prevention of terrorism bill
* note: the six months calculation exclude days those days when the house is prorogued or
adjourned for more than 4 consecutive days.
5. The President give assents for the enactment of the Bill
Parliament Page 119
Majorities
05 January 2024
15:04
1. Simple majority
a. Majority of present and voting
b. Required for ordinary laws, no confidence motion, confidence motion, financial bills, etc.
2. Effective majority
a. It is the majority of then members of the house
b. Majority of effective strength of the house
c. Effective strength of the house: total strength- vacancies
d. Removal of vice President, speaker and deputy speaker
3. Special majority
a. It is majority of total membership of the house and 2/3rd of the member present and
voting
b. This has two conditions and both should be satisfied
c. This is to amend the constitutional provisions such as DPSPs, Fundamental rights, etc.
*note: the constitution can also be amended by simple majority in following matters
i. Creation of new state
ii. Admission to the new state
iii. 5th and 6th schedule
iv. Amendment of 2nd schedule, etc.
4. Other types of majority
a. Any constitutional amendment that alters the federal character of India or effects the
centre-state relations such as under 7th schedule, the election of the President, etc has
to pass through a special procedure
i. It shall be passed by special majority in Parliament
ii. At least half of the state legislature should ratify it with simple majority
Parliament Page 120
Constitutional Amendment Bill
05 January 2024
15:59
1. Can only be introduced in either houses of Parliament and not in SLAs
2. Prior recommendation of president is not required for CABs
3. CAB can be brought by minister or a private member
4. Binding on President to pass CAB, cannot practice veto
5. CAB that alters federal characteristics of India needs
a. Special majority in Parliament
b. Ratification of more than half the states of India by simple majority
6. A constitutional amendment if challenged is heard by constitutional bench comprising of no less than 5
judges
7. Recent CABs:
a. 100th CAB: the Land Boundary Agreement (LBA) treaty between India and Bangladesh resolving
border disputes by exchanging enclave and giving citizen rights to effected residents, fostering better
bilateral relations.
b. 101st CAB : introduction of GST
c. 102nd CAB : granted Constitutional status to National Commission for Backward Classes (NCBC)
{inserted a new article 338B and altered 342A}
d. 103rd CAB : EWS reservation of up to 10% (Article 15 and 16)
e. 104th CAB :extend reservation of SC/STs in Parliament (Lok Sabha) and State Legislative Assemblies
and removed Anglo-Indian reservation
f. 105th CAB : restoring state's right to recognize OBCs
g. 106th CAB : reservation of 1/3rd seats for women in Lok Sabha, SLAs, Legislative Assembly of
National Capital Territory, Delhi for a period of 15 years after coming into effect
*notes: SLAs only practice simple majority during the creation or abolition of State Legislative
Councils
Parliament Page 121
Budget
05 January 2024
17:10
1. Chronology:
a. Economic survey
b. Dept. of Economic Affairs under Ministry of Finance prepares budget in a secret manner
c. Finance minister gives Budges speech in Lok Sabha
d. 3 to 4 days of General discussion24 departments related stand committees take 3-4 weeks for the
discussion. It studies the demands
e. Voting on demands takes place in Lok Sabha
f. Appropriation Bills
g. Finance Bills
Parliament Page 122
Constitutional provision
05 January 2024
17:35
1. President shall cause to be laid before the both houses of the parliament annual financial statement
2. Rule 204 of Lok Sabha empowers the President to determine the day of the budget, which is on the advice
of the executive
3. The annual financial statement will contain estimated receipts and estimated expenditure
4. Expenditure charged upon consolidated fund of India will be discussed in Lok Sabha but cannot be voted
upon
5. The expenditure upon revenue account shall be separated from other expenditures
6. No tax shall be levied saved by the authority of law
7. No money shall be withdrawn from the consolidated fund of India except through an appropriation
through made by law
8. Parliament can either reduce or abolish tax but cannot increase it
9. Rajya Sabha has no power to vote upon a vote of demand as it is voted upon only in Lok Sabha
@ receipts: money earned by the government
@ expenditure: money spent
@Consolidate Fund of India: tax and loan
money received by central Govt.
@revenue account: money collected by govt
through tax revenues and other revenues
@appropriation: a sum of money allocated
officially for a particular use
Parliament Page 123
Cut motions
05 January 2024
17:35
1. The demands are voted separately in Lok Sabha and during this voting on demand, three kind of cut
motion can be introduced
a. Policy cut motion: Demand is reduced to Rs 1, and alternative policies can be proposed
b. Token cut motion: Demand is reduced by Rs 100. More of a symbolic gesture
c. Economic cut motion: Any lump sum reduction can be claimed.
2. Since government is in majority in Lok Sabha, it is unlikely that these cut motions will pass
Parliament Page 124
Financial bills
05 January 2024
18:21
Parliament Page 125
Money bill
05 January 2024
18:21
1. Can only be introduced in LS
2. Can be introduced only by prior recommendation of President
3. A money bill while being transmitted to RS, needs to be certified by Speaker
4. Money bill can be introduced only by the minister
5. Rajya Sabha cannot reject or amend money bill
6. Rajya Sabha can give recommendation to LS which may or may not be accepted by LS
7. Provision of joint sitting is absent
8. Maximum delay by RS can be of 14 days after which the money bill is considered to be passed by RS and
sent to President for assent
9. President cannot sent money bill for reconsideration but it can be vetoed
10. Criterion for determination of money bill
a. Imposition/abolition of tax
b. Regulation of borrowing by Union Govt
c. Custody of Consolidated Fund of India
d. Appropriation of money out of Consolidated Fund of India
e. Declaring any expenditure as charged expenditure
f. Any incidental matter connected with matters specified above
Parliament Page 126
Financial bill I
05 January 2024
18:21
1. A financial bill category-I is a financial bill that does not contain all or any provision of Article
110 (definition of money bill) but also other matters of general legislation
2. Can only be introduced in Lok Sabha
3. Can only be introduced on prior recommendation of President
4. Can be amended or rejected by Rajya Sabha, there can be joint session
5. Presented to President for assent, he can ask house to reconsider the bill
Parliament Page 127
Financial bill II
05 January 2024
18:21
1. Contains matter related to expenditure from Consolidated Fund of India, but not matters mentioned in
article 110
2. Requires prior recommendation of President in consideration stage otherwise it will be an ordinary bill in
all other aspects
3. Thus President can veto it
4. In Rojer Mathew vs South Indian Bank case 2019, the Apex court was to deal with section 184 of the
Finance act 2017, and the independence of the tribunal
The Apex court directed that tribunals are quasi-judicial bodies and so they should predominantly function
through the principle of natural justice.
Parliament Page 128
Vote on account and interim budget
05 January 2024
22:31
1. Vote on account
a. Expenditure part of the government
b. It is required to enable executives to ensure that expenditure continues till the passage of the
budget
c. It is usually 1/6th of Budget, that is for 2 months
2. Interim budget
a. Presented by caretaker or outgoing government
b. An Interim Budget is similar to a Union Budget. In Interim Budget, the ruling government tables
estimate of its expenditure, revenue, fiscal deficit and financial performance and projections for the
upcoming financial year. The ruling government at the end of its tenure, presents an Interim Budget
for three to four months so as to keep the country running unhampered. The likely focus of the
incumbent government in the Interim Budget can be to outline its economic vision for the next five
years, should it return to power.
c. Generally outgoing govt is not expected to take serious economic decision for next financial year,
thus it presents interim budget
3. The Budget presentation date was changed in 2017, and ever since, the Budget document is presented by
the finance minister on February 1 instead of the month's end.
Benefit of doing so:
a. More time given to Parliament to discuss and finalize the Budget near beginning of next financial
year
b. Companies can plan their taxes accordingly to the Budget well in advance
c. Reduce the importance of vote on account
Parliament Page 129
Parliamentary committees
05 January 2024
22:34
1. Why we need it
a. Great amount of work is done by these committees which saves precious parliamentary time and
its report is tabled in Parliament
b. Increase quality of legislation by providing valuable inputs
c. Increase executive's accountability by
i. Examining reports of CAG
ii. Gives important recommendation
iii. Highlight shortcomings of government
d. Provide a platform for parliamentarians to discuss away from public glare giving an opportunity for
free and fair discussion
2. What is parliamentary committee
a. Appointed or elected by house or nominated by speaker or chairperson
b. Works under the direction of speaker or chairperson
c. Present its report to the house or before speaker or chairperson
d. It has a secretariat provided by Lok Sabha or Rajya Sabha
Parliament Page 130
Department related Standing committee
06 January 2024
1.
2.
3.
4.
5.
6.
7.
8.
9.
02:09
Concept which came into existence at 1993
Total 24 in number. Raised from 17 to 24 in 2004.
8 of DRSC into Rajya Sabha and rest 16 to Lok Sabha
The committees have 31 members (up to 21 from Lok Sabha and 10 from Rajya Sabha)
The DRSC are consisting of members allotted as practical from respective strength of parties in
the house (members allotted as per as the parties representation in the House)
The chairperson of committee in part i (Rajya Sabha) is appointed by the chairperson of Rajya
Sabha while committees under part ii (Lok Sabha) is appointed by the speaker
Ministers cannot become member of the DRSC
The term of each committee is one year and they are again reconstituted
Functions it plays
a. To consider the demand for grants pertaining to ministries and departments
b. The DRSC also study bills related to respective ministries and make a recommendation
c. They consider the annual reports of ministries and departments
d. They also look into long-term policy document
Parliament Page 131
Some contemporary issues
06 January 2024
02:25
1. During covid 19 the meetings got reduced drastically which could have taken place through virtual
means
2. Less number so bill are being referred to these committees. This lead to hasty legislation and is
devoid of qualitative input to the legislation
3. Generally Parliamentary committees work away from the public glare and keeping party
differences aside. Of late they have been instances of differences due to issues such as
summoning of officials, making recommendations, etc.
Parliament Page 132
Financial Committees
06 January 2024
02:09
Parliament Page 133
Public Account Committee
06 January 2024
02:09
1.
2.
3.
4.
5.
6.
7.
8.
Very important committee to maintaining fiscal accountability
Setup in 1929 under the provision of Govt of India act, 1919
PAC have 22 members (15 from LS and 7 from RS)
Members are elected through STVPR
Ministers cannot become member
As per convention, chairperson is appointed from the opposition
Comptroller and Auditor General (CAG) is friend, philosopher and guide to PAC
Functions
a. To consider the reports of CAG on appropriation and finance accounts
b. The committee also examines the accounts of the autonomous and semiautonomous
bodies audited by the CAG
c. To examine the money spent on any service of excess of amount granted to LS
9. Shortcoming of PAC: perform port-mortem after the expenditure has already been incured
Parliament Page 134
Estimate committee
06 January 2024
02:09
1. 30 members all from LS
2. Can be linked to standing Finance Committee setup in 1921
3. Members elected for 1 year by STVPR
4. Also known as continuous economy committee
5. Chairman appointed by speaker among its member belonging to ruling party
6. Functions
a. Suggests the forms in which estimates are to be presented in Parliament
b. Makes recommendation for improvement in organizations, economics, etc
c. It suggest alternative policies for efficiency and economy in administration
Parliament Page 135
Committee on Public Service Undertaking
06 January 2024
02:09
1. Created in 1964 on recommendation of Krishna Menon Committee
2. 22 members (15LS+7RS)
3. Members elected for 1 year by STVPR
4. Chairperson is only from Lok Sabha
5. Major function is to examine CAG reports on Public undertakings
6. To examine if Public undertakings are following sound business principles
7. Also examines reports and account of Public Undertakings
8. Committee is not expected to interfere in day to day administration
Parliament Page 136
Other committees
06 January 2024
02:09
Parliament Page 137
Committee on women empowerment
06 January 2024
02:24
1. 30 members (20LS+10RS)
2. To study reports of the national commission for Women
3. Consider measures to be taken by Govt. for better gender justice
Parliament Page 138
Committee on SC/ST welfare
06 January 2024
02:24
1. 30 members (20 LS +10 RS)
2. It studies the report of National Commission for scheduled caste and National Commission for scheduled
tribe.
3. It also makes recommendations with respect to constitutional safeguards related to scheduled caste and
scheduled tribe.
Parliament Page 139
Why we need judiciary
10 January 2024
11:39
1. Important organ of state with main function of protection of Constitution.
2. Why do we need judiciary
a. To adjudicate upon disputes between citizens vs state, etc.
b. To exercise judicial review so tha to preserve democracy and constitutionalism
c. In federal setup like India, Judiciary has an additional task to adjudicate upon the dispute
between the different federal units
Judiciary Page 140
Background of Indian judicial system
10 January 2024
11:47
1. Indian has an integrated judiciary while USA have a federal system of Judiciary
2. In an integrated judiciary and the law passed by Parliament and state legislature is
implemented by all courts that is SC, HCs and Subordinate courts.
3. Integrated judiciary is a unitary feature and not a federal one
4. In USA, there is federal judiciary comprising of federal courts/ federal judiciary and state
judiciary.
5. The federal judiciary comprises of federal Supreme court and Circuit court or courts of appeal
and district courts. They implement federal laws.
6. The US supreme court enjoys appellate jurisdiction in constitutional matter while Indian SC
have appellate jurisdiction in Constitution , civil and crime matters.
Judiciary Page 141
Qualification of judges
05 January 2024
21:57
1. HC judges qualification
a. He should be practising high court advocate or 10 years
b. Should have held a judicial office in territory of India for 10 years
2. SC judges qualification
a. should have practised in the high court for 10 years or high courts in successions
b. should be a judge in the high court or high courts in succession for 5 years.
c. He should be a distinguished jurist in the opinion of the president
Judiciary Page 142
Four cases wrt to appoint of SC judges
10 January 2024
11:39
1. S.P. Gupta vs Union of India, 1981/ First Judges case
a. In this case, the Apex court ruled that the term "consultation" in article 124 does not mean the
concurrence and names forwarded by judiciary can be rejected for cogent reasons
b. Therefore the Apex court in a way accepted the primacy of the executive in the appointment of
judges
2. Second Judges case: Supreme court Advocate-on-record vs Union of India, 1993
a. The term consultation in article 124 means concurrence
b. The CJI shall consult two more senior-most judges which lead to the birth by collegium system
c. The names shall initiated by Judiciary
d. The senior-most judge next in line to CJI shall be appointed as the next CJI and the executive shall not
have option to choose
3. Re: third Judges Case, 1998
a. This was a presidential reference under article 143
b. The Apex court opined that the collegium shall constituted of CJI and 4 other judges. Thereby it
expanded the collegium
c. The Apex court opined that if the names are forwarded by CJI without following the consultation
process then it shall not be binding on the executive.
# In 2014, the Parliament passed the 99th Constitutional Amendment Act making the following changes
a. It amended article 124 and 217, incorporating/adding that President shall make appointment of the
recommendation of the National Judicial Appointment Commission (NJAC).
b. It also inserted article 142 A (composition of NJAC), Article 124 B (function of NJAC) , and article 124C
(Parliament may by law regulate the procedure of appointment)
4. Fourth Judges case, 2015
a. Supreme court advocates-on-record association and other vs union of India
b. The apex court in oct 2014 ruled the following
i. it declared entire 99th Constitutional amendment as unconstitutional
ii. It violated the delicate balance of the separation power
c. With the striking down of the 99th constitutional amendment, the collegium system came back into
the system
Note: the constituent assembly debated the term concurrence and rejected it for consultation.
Judiciary Page 143
Jurisdiction of SC
10 January 2024
11:39
1. Writ jurisdiction
a. SC as the guarantor of Fundamental Rights is allowed to issues writ to protect Fundamental rights
b. The writ jurisdiction of SC is limited to Fundamental rights only
c. The writ jurisdiction is original and not exclusive. The High Courts are also empowered to issue writs
under article 226
2. Federal disputes
a. Any dispute between federal units of India is under the original and exclusive jurisdiction of SC by
article 131
b. The disputes of following kinds of federal disputes
i. Between union of India and one or more state
ii. Between union of India and any state or states on one side and one or more other states on
other
iii. Between two or more states
3. Appellate jurisdiction
a. Constitutional matters under article 132: an appeal can be made against the judgement of the High
Court in the Supreme court if the Hight court certifies that matter involves a substantial question of
law to be interpreted by the Supreme Court
b. Civil matter under article 133: if a similar certificate is issued by the High court
c. Criminal matter under Article 134
i. If a HC issues a certificate of appeal
ii. If HC reverses the order of acquittal of an accused person and sentenced him to death, or life
imprisonment or, for 10 years
iii. If HC takes to itself any case form the subordinate court and sentences the accused person to
imprisonment for life or 10 years
4. Appeal by special leave (Special Leave petition under article 136)
a. Extraordinary power of the SC that is exercised on discretion
b. The Special Leave Petition (SLP) is granted in rare instances
c. In this , the SC can hear on appeal against the judgement of any court except a military court
d. The SLP is a wide and exceptional power that to has to be exercised sparingly
5. Advisory function
a. The President can seek advice from the Supreme court on any question of law on fact that is of public
importance
b. Under article 145, any opinion given under article 143 shall be by minimum of 5 judges
c. It is not binding on the Supreme court to tender advise except when the advice is with respect to the
interpretation of Pre-constitutional treaty or Agreement.
6. The Supreme court also has an exclusive and original jurisdiction to adjudicate upon the dispute with
respect to the election of the President and Vice President
7. Supreme Court as the court of records: the Apec court judgements are for perpetual memory and
evidentiary in nature
Judiciary Page 144
Contempt of court
10 January 2024
Solicitor general : statutory
Advocate general: constitutional
11:39
1. Article 129 and 215 of the Constitution give the power to Supreme court and high
court respectively to punish their contempt.
2. The Parliament of India enacted the contempt of court act, 1972 to ensure the
definition contempt, the quantum of punishment etc.
3. Why was contempt of court was included
a. To provide for effective implementation of judicial pronouncement
b. The judiciary should be insulated from unwarranted criticism
c. Important to maintain independence of judiciary
d. The powers of the contempt in a way promote the smooth implementation
of judgement and avoid obstruction in administration of justice.
4. Critical analysis of Contempt of Court
a. In a democratic country, freedom of speech is one of the foundational
elements of liberty.
b. The inhibition of ideas and fair criticism would stifle public discourse.
c. It is important to maintain the independence of the judiciary, but even the
slightest criticism should not be blocked.
d. Fair criticism is a subjective term to be interpreted by the judiciary.
e. The judiciary should not evoke contempt to stop criticism.
f. The contempt power is better used sparingly in a liberal democratic setup.
g. Section 5 of the Contempt of Court provides that fair criticism does not
amount to contempt.
h. Section 2(b) defines civil contempt as an act of wilful disobedience.
i. Section 2(c) defines criminal contempt of court as an act of scandalizing and
lowering the dignity of the court, obstructing the administration of justice.
j. Section 12 describes the punishment as up to 6 months, or with a fine of up
to Rs. 2000, or both.
k. To initiate a contempt proceeding in the Supreme Court, permission needs
to be obtained from the Attorney General or solicitor general.
l. For the high court, it is the advocate general.
Judiciary Page 145
Judicial review
10 January 2024
11:39
1. Part of the basic structure of the constitution
2. The concept of judicial review was given by American Supreme court in Marbury vs Madison, 1803
3. The use of "Due process of law" in the American Constitution undoubtedly confers the wider powers of
judicial review to American judiciary. That's why sometime American Supreme court is also called the third
law-making chamber.
4. The American supreme court examines the constitutionality of a legislation through the prism of fairness,
justice (righteousness), and reasonability and also look into legislative wisdom.
5. The term Judicial review is not present in Indian constitution.
6. Why we need judicial review
a. To maintain federal equilibrium
b. To maintain supremacy of constitution
c. To protect Fundamental rights
7. Supreme court observations
a. In AK Gopalan vs State of Madras, 1950: the SC observed that constitution is supreme and for a
stature to be valid it must be in conformity with constitutional requirements and it is for the
judiciary to decide whether any enactment is constitutional or not.
b. In Rajasthan vs Union of India case: SC observed that the Apex court is the ultimate interpreter of
the Indian constitution and is assigned the delicate task for determining what power in conferred on
each branch
c. In Minerva Mill case, 1980: SC observed that it is the function of judges to pronounce upon the
validity of laws, otherwise fundamental rights will become mere adornment.
d. In L. Chandra Kumar case, 1997: SC observed that the Apex court has been entrusted with the task
of upholding the constitution and ensuring that the balance of power envisaged in constitution is
maintained.
8. Provision in constitution related to Judicial review
a. The term judicial review is not mentioned by the constitution unambiguously bestowed upon HC
and SC the power to judicial review in the following articles:
i. 13 v. 136
ii. 32 vi. 143
iii. 131 vii. 226
iv. 134
9. Critical analysis of Judicial review
a. In judicial review, Indian constitution adopt a blend of American judicial supremacy and British
Parliamentary superiority
b. Judicial review in India is to maintain constitutional supremacy, at the same time judiciary is not
supposed to encroach into to the domain of legislature ore executive but to uphold the
constitutional spirit
Judiciary Page 146
Judicial activism
10 January 2024
11:39
1. The concept of judicial activism in 1947 was introduced by Arthur Schlesinger in his article titled “The
Supreme Court: 1947."
2. locus standi is relaxed in Public Interest Litigation. Locus standi applies to a person's capacity to put a case
before the court of law or to testify before the court of law.
3. Judicial activism is an important element of the legal debate in contemporary times.
4. Judicial activism is the judiciary forcing the other two organs to discharge their constitutional
responsibilities.
5. Judicial activism is the judiciary protecting the rights of individuals and expanding their rights for a
meaningful existence.
6. Some scholars also refer to judicial activism as law-making by the judges.
7. The classic example of judicial activism is Public Interest Litigation (PIL), where the principle of local standi
are relaxed.
8. Judicial activism is exercised using the inherent power of judicial review.
9. Circumstances of increase in Judicial activism
a. When legislature fails to discharge its responsibility
b. when the executive is indecisive
c. to fill the legislative vacuum
d. to fulfil the aspiration of citizens where they look upon Judiciary as their saviour
10. Critical analysis of judicial activism
a. extreme of judicial activism leads to judicial adventurism
b. judicial activism which is the mandate of separation of power envisaged in Constitution
c. activism leads to democratic fear where judges encroach into other domains
d. there is an epistemic fear where the Judiciary encroaches into the expert domains
e. The apex court has time again reiterated that all organs of the state must function within their
constitutional limit
f. The former Chief Justice of India addressing the chief justice conference press the fact that “while
discharging our duties we should be mindful of the Laxman Rekha there by all the three organs of
the state must function within their constitutional limits “
11. Article 142 empowers the SC to issue an order in order to promote complete justice
Judiciary Page 147
Public Interest Litigation (PIL)
10 January 2024
11:39
1. Public Interest Litigation as a concept has developed in the United State of America also known as the
social action litigation in the USA.
2. It is an example of judicial activism
3. It is for Pro Bono Publico Which mean good for the public
4. the principal of local standby is relaxed in PIL and anyone can move court behalf of the aggrieved
5. The supreme court in Janata Dal versus HS Chaudhary case, 1992 defined PIL as a legal action initiated in
a court of law for the enforcement of public interest or general interest in which public or a class of
community have pecuniary interest in which their legal rights or liabilities are effected.
6. PIL is generally filed against the state and a private party could also come under the PIL if a private body
involved in significant public activity of the nature of activity has public dealing.
7. The SC and HCs are only empowered to entertain PILs.
8. PIL leads to the following
a. Meaningful realization of fundamental rights
b. Upholding of rule of law
c. Facilitating justice for weaker sections
9. The PIL has led to following changes in the society with respect to the expansion of rights and socioeconomic changes
a. expansion of article 21 to include all aspects of life which would give life its dignity
b. with respect to environmental issue
c. with respect to jail and right of under trial
d. expansion of rights for the depressed class
e. police reforms dealt under the Arnesh Kumar case 2014 and Nandini Satparna case 1978
f. the petition from the right victims
g. women related issue
10. In Guruvayur Devaswom Managing Committee vs CK Rajan Case, 2003 the apex court laid down the
principle with respect to PIL:
a. The PIL can be entertained under Article 32 and Article 226 of the Constitution which puts a duty
on court to protect Fundamental rights
b. The principle of locus standi is relaxed
c. The issue should be of public importance
d. When mass suffers for injustice the court will not hesitate to involve Article 14, 21
e. Any dispute in arena of private law cannot be taken up in PIL
f. The court shall not transgress into the Policy domain
11. The apex court in Balco employee Union case, 2001 observed that there are increase instance of the
abuse of the PIL and there is a need to reemphasize the parameters on which the PIL can be filed.
12. In the state of Uttaranchal vs Balwant Singh Chaufal case, 2010 the apex court laid down the guidelines
for PIL
13. Guidelines for PIL
a. The credential should be satisfied that substantial public interest is involved
b. It is better that each high court shall formulate rules
c. The court shall encourage genuine and bonafide PIL cases.
Judiciary Page 148
Some jurisdiction of HC
10 January 2024
11:39
1. The high court has wide jurisdiction over writ matters because the apex court can issue writs
only for enforcement of Fundamental rights but the high court can issue writs for other rights
also
2. The high court have jurisdiction to adjudicate upon the electoral dispute as per the
Representation of People act 1951. it must be filed within 45 days of either one of the
candidates or voters of the Constituency.
Judiciary Page 149
Subordinate courts
10 January 2024
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1. All courts subordinate to HCs are called subordinate court
2. Hierarchy of subordinate courts (at district level)
Criminal
civil
Session judge's court
District judge's court
Chief judicial magistrate's court Subordinate judge's court
Judicial magistrate's court
Munsif's court
3. Issues with subordinate courts
a. High pendency of cases
b. Lack of infrastructure
c. High vacancies
d. Faces petty corruption
4. The trial court suffers from multiple issues such as staff shortages, less technological support,
etc.
Judiciary Page 150
Litigant: party involved in case
Tribunals
10 January 2024
11:39
1. Are quasi-judicial bodies
2. Constituted to achieve these purposes
a. Reduce the burden on conventional courts
b. They deal with sector specific issues
c. They provide speedy justice in an inexpensive manner
d. They are free from procedural complexity
3. Article 323A and 323B were added by 42nd Constitutional amendment act
Article 323A
Article 323B
Administrative tribunal
Tribunals for the purpose such as taxation, rent , elections,
labour issues, etc.
Only Parliament can create tribunals
under it
Parliament or state legislature can create tribunal
Single tribunal. No hierarchy of
tribunals
A hierarchy of tribunal can be created.
4. In the L Chandra Kumar vs Union of India case, the Apex Court ruled that the high court's power to
exercise judicial review under article 226 is a part of the basic structure
5. There , the remedies against the orders of these tribunals can be filed int the high courts
6. Issues
a. It is seen as diluting the principle of Separation of power. Executive interference in matters of
appointment , removal, etc. is against the principle of separation of power
b. There is a lack of independence as they are appointed, by the government which also happens to be
the largest litigant in the country
c. Lack of human resources and vacancies
7. Way forward
a. The apex court in L Chandra case, came up with the idea of a National Tribune Commission which
will act as a single nodal agency, to monitor the working of tribunal
b. 272nd report of Law Commission suggested that the involvement of government agencies should be
minimum
c. There should be more branches in different part of the country
8. National Green Tribunal
a. NGT is a statutory body established under the National Green Tribunal Act.
b. The NGT act spells out the following reason for the establishment of the NGT
i. To dispose of lawsuits related to environmental protection
ii. Enforcement of legal rights about the environment
iii. Provide relief for damages
iv. To take appropriate steps concerning the United Nation Conference on Human Environment,
1972, UN Conference on Environment and Development, 1992
v. Liability and compensation for victims of victims for environmental damage
vi. To fulfil the right to a healthy environment as part of article 21
9. The tribunal shall not be bound by Code of Civil Procedures and shall be guided by principle of natural
justice.
Judiciary Page 151
ADR= Alternative Dispute Resolution
Lok Adalat
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1. Constituted under the Legal Service Authorities Act, 1987
2. It is to fulfil the mandate of Article 39A
3. Reasons to enact this law
a. To provide free and competent legal service to the weaker section
b. Justice shall not be denied to any citizen, by way of economic or any other disability
c. Organize Lok Adalat
4. Bodies Constituted under this Act
a. National Legal Services Authority (central authority) NALSA
i. CJI will be patron-in-chief of NALSA
ii. Functions
1) Lay down the policies and the principles
2) Frame effective and economical schemes
3) Organize legal aid camps, especially in rural areas
4) To ensure commitment to the fundamental duties
b. Supreme Court Legal Services Authority
i. The NALSA shall constitute the Supreme Court Legal Services Committee and determine its power and functions
c. State Legal Services Authority
i. It is constituted by the state government
ii. It gives legal services
iii. Undertakes strategic legal aid program
d. High Court Legal Services Authority
i. SALSA shall constitute the High Court Legal service committee and determines its power and functions.
e. District Legal Services Authority
i. The state government in consultation with the high court shall constitute a District Legal Service Authority headed by the district judge
ii. Functions
1) Organize Lok Adalat
2) Coordinates activity of the Taluk Legal Service Committee
f. Taluk Legal Services Authority
i. The state authority may constitute a Taluk Legal Service Committee
5. Person entitled to Legal aid
a. SC
b. ST
c. Victims of human trafficking
d. Begar
e. Women or child
f. Persons with disabilities
g. Under-served wants such as victims of mass disaster
h. Poorer section as defined
6. It hear cases at
a. Prelitigation stage
b. At ongoing litigation
7. Lok Adalat have been given the power of civil court
8. The award given by Lok Adalat has been final and binding, and no appeal shall lie to any Court against the award of Lok Adalat
9. The Legal Services Authorities Act was amended in 2002 to providing for Lok Adalat
10. Permanent Lok Adalat
a. They offer a possible term of settlement which if the parties fail to reach , the permanent Lok Adalat shall decide the case
b. They aren't bound by Indian Evidence Act
c. The Apex Court in PT Thomas vs Thomas Job case observed the following
i. There is no court fee and if any such fee is already paid and dispute gets settled through Lok Adalat , it will be refunded
ii. There is procedural flexibility
iii. Parties can directly interact with the judges which is not possible in conventional court
iv. Awards will be final and binding
d. In 272nd Law Commission report titled "Need for justice dispensation through ADR"
i. It is less expensive
ii. The procedure is flexible and there is a win-win situation
iii. It is less time-consuming
11. Lok Adalat do not have jurisdiction to deal with non-compoundable crimes.
Judiciary Page 152
Gram Nyayalaya
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1. The gram nyayalaya Act was passed in 2008 and came into force at 2009
2. Mandates
a. securing justice at door steps
b. justice is not denied to any citizen by way of social, economic, or any other disability
3. The headquarter is at an intermediate level panchayat
4. the nyaya Adhikari shall be of the rank of Judicial Magistrate First Class
5. the state government shall constitute gram nyayalaya in consultation with high court
6. the nyaya Adhikari shall periodically visit the villages and dispense justice through mobile courts
7. the gram nyayalaya judgment can be challenged in district or session courts
8. the gram nyayalaya make effort for the settlement and district court in Consultation with district
magistrate, and shall appoint social workers as conciliator ( people who try to resolve disputes)
9. the gram nyayalaya is not bound by Indian Evidence Act, 1872
10. in the national Federation of society for fast justice case, the apex court directed the early constitution
of gram nyayalaya
11. Gram nyayalaya has both civil and criminal jurisdiction
12. the states have not implemented the act because of the use of the “may” instead of “shall” in the Act
Judiciary Page 153
Federalism in India
10 January 2024
11:42
1. Federalism is deeply ingrained in Indian Constitution
2. The apex court in SR Bommai case, ruled that federalism is the basic structure of the constitution
3. The constitution of India has both federal and unitary features
4. View of some scholar on Indian federalism
a. Paul Appleby - extremely federal
b. KC Wheare - quasi-federal
c. Ivor Jennings- Federation with a strong centralizing tendency
d. Alexandro Wicz - Sui Generis (Indian constitution is unique)
e. Granville Austin- Indian federalism is the case of cooperative federalism
5. Dr Ambedkar stated in Constituent Assembly, that the constitution is federal and establishes a dual polity
6. The State and Centre derive their authority from the constitution
7. The constitution avoids the tight mould of federalism: can be unitary or federal depending on situation.
8. The state and centre function as with their domain ,and legislative and executive authorities are
partitioned.
9. Observation of Apex court made during SR Bommai Case
a. The constitution provides independent constitutional existence to the State and they aren't satellite
or agents of the centre
b. During emergencies and other eventualities their powers are overridden by the centre but these
exceptions are exceptions and not the rule
c. Federation in the Indian constitution is not a matter of administrative convenience, but one of the
principle- the outcome of our own process, and recognition of ground realities.
Federalism Page 154
Legislative relation
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1. The parliament in authorized to enact the laws for the entire country, part of country , Indians and their
property abroad
2. The Parliament has an extra-territorial legislative domain. The state legislature can make the law on the
entire state or the part of the state.
3. The state can also in extraordinary situation when there is sufficient nexus can make laws outside the state.
4. The parliament is exclusively empowered to legislate on the list 1 of 7th schedule, which is the union list.
This list comprises of subjects of national importance like defence , external affairs, communication, war &
peace, etc.
5. Generally, the State legislature is exclusively empowered to legislate on the state list, other than 5
extraordinary circumstances explicitly mentioned in the Constitution where the Parliament can legislate on
the State List.
6. Both Parliament and State Legislative are empowered to legislate on the concurrent list. If there is an
inconsistency then Parliamentary law prevails over the law passed by the state legislature, unless state law
is approved by the President.
* National Eligibility cum Entrance Test (NEET):
a. The National Medical Commission act, 2019 enacted by the Parliament under the concurrent list
provides for a single test for admission into all medical colleges (private, central and state
universities/college)
b. The Tamil Nadu State Legislative Assembly seeks to take state medical colleges admission on the
basics of academic performance in senior secondary.
c. Since education is on the concurrent list, therefore Parliamentary Law shall prevail over the law by
the state legislature unless the law gets assent by the President.
7. University Grant Commission (UGC) Issue
a. Section 26 of the UGC act empowers UGC to make regulations for University related matters
b. the UGC regulation 2018 provides for 3 to 5 names to be sent to the Governor to choose one as a vice
chancellor
c. the apex court in Dr Sreejith P.S. versus Dr Rajsree case 2022, ruled that the appointment of Vice
Chancellor was set aside on the provisions related to the search committee in the university act
where repugnant to UGC regulation
d. Does the appointment of APJ Abdul Kalam University Vice Chancellor was set aside
e. the apex court in another case of Gambhirdan K Gadhvi case 2022 also quashed the appointment of
vice chancellor for not adhering to UGC regulation 2018
8. In S Satyapal Reddy vs Govt. of Andhra Pradesh, the apex court observed that "The court has to make every
attempt to reconcile the provisions of apparently conflicting laws and the court would endeavour to give
harmonious construction……………. the proper test would be whether the effect could be given to both laws
or whether both laws can stand together"
9. Five circumstances in which Parliament can legislate on state subject
I. Article 253: To implement an international treaty or agreement
II. Article 250: when Rajya Sabha passes a resolution that it is necessary for the national interest of
Parliament to legislate on the State list, the Parliament can enact such laws. The resolution
authorizing the Parliament shall be supported by not less than 2/3rd of the member present and
voting and shall remain valid for one year.
The resolution can be renewed for another year by the same majority for another year by the same
majority. Any law so enacted shall remain in six mothers after the resolution ceases to be in
operation
III. During National Emergency, the Parliament can legislate on the State list (the state legislature
continues to be in existence during National Emergency). During National Emergency the law passed
by the parliament shall prevail over the laws passed by the State Legislature even on the state list.
IV. During the President Rule, the State Legislature either suspends or dissolved. The Parliament can
legislate on the sate list or int can authorizes any other authority generally the President to make law
on the State list.
V. When two or more state legislative passes a resolution requesting the Parliament to make laws on
the state list, on the subject mentioned in resolution Then Parliament may enact such legislation.
Such law remain applicable only to the legislature that makes requestion although other state
Federalism Page 155
Such law remain applicable only to the legislature that makes requestion although other state
legislature can also pass a resolution and adopt the law
10.
President rule
National Emergency
Law enacted during President
rule remains valid unless
amended or repealed by the
State Legislature coming back to
life
The Law enacted during the
national emergency ceases to be
in operation after the emergency
ends
Federalism Page 156
Administrative relation
10 January 2024
11:42
1. The law on Union list a generally implemented by the union government
2. the laws on the state list are implemented by the state government
3. the laws on concurrent list are generally executed by the states except by the constitution or a law
of Parliament direct otherwise
4. mutual delegation of Executive functions
a. the president may with the consent of the state delegate one of the executive functions of
union upon the state
b. the Governor may with consent of the central delegate one of the executive function of state
upon the centre
c. the Parliament may dedicate one of the executive functions of the union upon the states even
without the consent of state/states.
5. Article 355, 365, 350A, 339(2)
a. The Union has a duty under article 355 to protect every state from internal disturbance,
external aggression and ensure that the state is being carried out as per provisions of the
constitution
b. Article 365 empowers the union to give direction to states in the exercise of Executive powers
of the union. Failing to comply with the same, it shall be lawful for the President to hold that
the state is not being carried as per the provisions of the constitution.
c. The state shall protect the means of communication to be of national importance and the
properties of the railways
d. article 350A that it shall be the duty of the state to provide education to the children of
linguistic minorities in their mother tongue up to the primary level
e. Article 339(20): the union shall give direction to the state to draw up executive schemes for
the Welfare of the scheduled tribes
Federalism Page 157
Fiscal Federalism
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11:42
1. Fiscal federalism refers to how federal, state, and local governments share funding and administrative responsibilities within
India’s federal system.
2. Fiscal federalism is often associated with three broad principles:
○ Fiscal Equivalency: It requires a separate jurisdiction for each public service which should include the set of individuals that
consume it.
○ Decentralization theorem: Each public service should be provided by the jurisdiction having control over the minimum
geographic area that would internalise the benefits and costs of such provision.
○ Principle of Subsidiarity: Functions should be performed at the low level of government, implying hierarchy.
3. Constitutional Provisions defining India’s Fiscal Federalism Arrangement
• Seventh Schedule: Constitution delineates tax bases between the Union and States listing them in the Union List and the State
List respectively (Article 246).
• Distribution of Revenue: A classification of tax revenues between the union and the states is as follows:
○ Taxes levied and collected by the centre, but wholly assigned to the states (Article 269).
○ Levy and Collection of Goods and Services Tax (GST) in course of Inter-State Trade or Commerce (Article 269-A), which is
distributed between Centre and States on recommendations of GST council.
○ Taxes levied and collected by the union and distributed between the union and the states (Article 270) on the
recommendation of Finance Commission.
• Grants-in-Aid: Centre provides grants-in-aid to states as per Article 275.
• Borrowings: As per Article 292, the union government has powers to borrow money either within or outside the country while
under Article 293, a state government can borrow within India (and not abroad).
○ Also, if a state is indebted to the Union, it may not resort to further borrowing without the prior consent of the Union
Government.
• Finance Commission (FC): Article 280 provides for a Finance Commission (constituted by President after every five years) to
adjudicate sharing of resources between Union and States.
4. Any federalism is importantly connected to the fiscal relations between centre and the states
a. the entries of Union list fall within the Exclusive domain of Parliament to levy taxes
b. The increase of state list fall within the Exclusive domain of state to levy taxes (taxes on agricultural income)
c. There are no tax entries in concurrent list except GST where exists a concurrent tax jurisdiction
5. Article 265 states that no tax shall be levied saved by the authority of law
6. Entry 97 of the union list provides for residuary powers of taxation with parliament . ex- wealth tax
7. Finance Commission
a. Seen as a balancing wheel of fiscal federalism
b. the composition of financial commission is mentioned in the constitution while the qualification is determined by the
parliament
c. Net proceed= tax levied- money spent on tax collection
d. The Comptroller and Auditor General certifies the Net Proceed which is final.
8. Article 281 provides that very recommendation of financial commission along with explanatory memorandum (action taken on
the recommendation) shall get presented before each house of the Parliament.
9.
Finance commission Chairperson
13th
Dr Vijay Kelkar
14th
Dr Y.V. Reddy
15th
Nand Kishore Singh
10. Comparison of criteria for 14th and 15th Finance Commission for Horizontal Devolution of money among states
explanation
Criteria
14th FC 15th FC
a. Per capita income of state= GDP of state/ population
b. Distance from top performing state means more money
Income distance
50%
a. Effort made by states to deepen the tax and GST network Tax and Fiscal Effort
b. More effort more money
45%
2.5%
More forest cover more money
Forest Cover
More forest cover and high biodiversity means more
money to state
Forest cover and
ecology
10%
State with less fertility rate will get more money
Demographic
performance
12.5%
More population more money
Population, 1971
17.5%
More population more money
Population, 2011
10%
15%
More area more money as state will expend more on
Area
15%
15%
Federalism Page 158
7.5%
More area more money as state will expend more on
administration of large area
Area
15%
15%
11. Terms of reference of 15th Financial Commission
a. the demand on the resource of central government particularly defence, internal security, infrastructure, railways, etc.
b. Effort made by state in
i. efforts made in expansion of tax net under GST
ii. efforts in achieving replacement rate of population growth
iii. implementation of flagship scheme of government in India
iv. promoting ease of doing business
v. progress made in sanitation, solid waste management, and ending open defecation.
12. The 15th Finance Commission made recommendations in two batches that is 1st for one year from 1st April 2020 to 31st March
2021 and other for 5 years from 1st April 2021 to 31st March 2026
# Note:
a. Levy: jama karwana
b. Appropriate: tax ka paisa rakhna
c. Collection: wasooli karna
d. Net proceed :tax- money spent on collection
13. Provisions of constitution
a. Article 268: levied by the centre but collected and appropriated by the state-: stamp duty on bills of exchange, promissory
notes, policies of insurance
b. Article 269: tax levied and collected by the centre but assigned to the states in accordance with the principles laid down by
Parliament, e.g.- tax on interstate consignment
c. Article 271: surge to be levied by the Parliament belongs to the centre exclusively.(no surcharge can be levied on GST)
14. Goods and Services Tax
a. The GST Council was inserted in Article 279A by the 101st Constitutional Amendment Act
b. The GST is a classic example of indirect tax where in its exemplifies cooperative federalism
c. The GST council is a Constitutional body that looks into various aspects of GST
d. Composition of GST Council
i. Chairman: Union Finance minister
ii. Union Minister of States in charge of revenue or finance
iii. The Minister in State government of finance, taxation or any other minister
iv. One Minister from UTs with legislature
v. The Chairperson of the central board of indirect Taxes and custom is the permanent invitee with no voting rights.
e. Voting weightage percentage
i. Centre: 1/3rd
ii. State: 2/3rd
iii. The decision need to be approved by 75%
f. The Function of GST council
i. Tax, cess and surcharges to be merged in GST
ii. Floor rates (minimum money collected) with bands (different GST for different things) of GST
iii. the threshold limit of turnover (after how much turnover one have to come under GST)
iv. Recommend the date on which , petrol , natural gas, aviation turbine fuel, diesel, etc. are to be incorporated in the
GST
g. Benefits of GST
i. Promote economic integration
ii. Avoids complex tax structure
iii. Better allocation of resources
iv. Expansion of indirect tax ambit
v. Promotes cooperative federalism
15. According to the Article 282 of Constitution, the Union, and the State Government are empowered to give discretionary grants.
(Fall outside the purview of the Finance commission)
Federalism Page 159
16.
Federalism Page 160
National emergency
16 January 2024
00:05
1. Proclaimed under article 352 b Constitution
2. Grounds
a. External aggression
b. War
c. Armed rebellion
3. Can be imposed even if there is an imminent danger
4. National emergency can be imposed on the entire country or in a part of it
5. National emergency can only be imposed on the written recommendation of the cabinet
6. The 44th Constitutional Amendment Act (CAA) made the following changes
a. The term internal disturbance was replaced by armed rebellion
b. The emergency once proclaimed have to be approved by both house of Parliament
within one month. The duration was reduced from 2 months to 1 month
c. A provision was added for periodic approval every 6 months
d. The emergency shall not be approved by a simple majority but by a special majority
7. Effects of emergency on centre-state relation
a. Administrative relation
i. Generally the centre can give direction to the states on certain specified matters
such as while exercising the executive power of the union
ii. During the national emergency the centre can give any direction to the state
b. Financial relation
i. During a national emergency, the President can modify/reduce/cancel the
constitutional devolution of revenue to the states
ii. Such modification shall continue to be in force till the end of that financial year
c. Legislative relation
i. The Parliament is authorized to exclusively legislate on a state list and it cannot
confer this power to any other authority
ii. The state legislature shall also continue to make laws, although the Parliamentary
law will prevail over the law enacted by the state legislatures even on the state
list.
iii. This law shall cease to be operative on expiry of 6 month after the emergency
ends
iv. Effect of National emergency on the tenure of Lok Sabha and SLAs
1) The tenure or the SLA and Lok Sabha can be extended one yar at a time
when national emergency is in operation
2) The election has to be conducted within 6 months if the national emergency
ends
8. Effects of National Emergency on Fundamental rights
Article 358
Article 359
a. Article 19 is automatically suspended
a. The remedies of those
fundamental rights which are
mentioned in the presential
order stand suspended
except of the articles 20 and
21
b. Grounds- external aggression or war
b. Any of the three groundswar, external aggression and
armed rebellion
c. For the entire duration of the emergency in the
entire country
c. The duration mentioned in
the Presidential order an to
that part mentioned in the
Presidential order
d. Rights are suspended
d. Remedies are suspended
Federalism Page 161
d. Rights are suspended
d. Remedies are suspended
e. There is a commonality between the two where in immunity is granted on to those laws
related to National Emergency provision
9. In the Minerva Mill Case of 1980, the Apex Court ruled proclamation of the National
Emergency can be judicially reviewed on the ground of mala fide (bad intention).
Federalism Page 162
President's rule
16 January 2024
00:05
1. Article 356 provides for the imposition of Presidential rule
2. Dr Ambedkar stated in the Constituent Assembly that article 356 would remain dead letters and shall not be called into
operations, if it is imposed then the President shall take proper precaution.
3. Misuse of Article 356 has been a matter of judicial contention disputes therefor ethe apex court ruled the following in landmark
SR Bommai Case
a. The imposition of the Presidential rule can be subject of judicial review
b. The burden of proof lies with the centre to justify the imposition of the Presidential rule and not the President.
c. Federalism along with secularism forms the basic structure of the constitution.
d. The concept of the floor test was laid : the charge of the government at the centre would not result in dismissal of state
government ruled by other parties.
e. The provisions of Article 356 are exceptional power and should be used in special circumstances
f. The SLA shall not be dissolved unless the President's rule is approved by both houses of Parliament
g. If the Presidential proclamation is held unconstitutional the SLA would be brought back to life by the court
4. R.S. Sarkaria commission recommendation on centre-state relations
a. The imposition of the President's rule should not be misused and the Governor cannot be dismissed by the Council of the
Minister as long as they command a majority in the Assembly
b. The imposition of Presidential rule should be the last resort when all other remedies have failed
c. SC also ruled that is improper to impose rules on allegations of corruption and maladministration
d. The Apex Court further ruled that the imposition of President's rule should only be after giving prior warning
5. The Effects of Presidential Rule
a. The State Legislature is first suspended and then it can be dissolved only after approval of the President's rule by
Parliament
b. The President can declare the power of state legislature to be exercised by the Parliament or under the authority of
Parliament
c. The President can take up the functions of the state government can any power exercised in any executive authority or
vested in the Governor
d. There is no effect on the judiciary and no effect on Fundamental rights
6. The President's rule can impose for one year only beyond that it can be extended up to a maximum of 2 years with periodic
approval . If both the following conditions are fulfilled
i. There is national emergency in operation in any part of the country or whole
ii. ECI certifies that election cannot be on account of difficulties
7. The imposition of the President's rule shall cease to be in operation unless it is approved by both houses of the Parliament by a
simple majority.
8. National emergency vs Presidential rule
S no
National emergency
Presidential rule
1.
Fundamental rights are effected
Fundamental rights are not impacted
2.
Should be approved within one month by a special majority
President's rule should be approved by a simple
majority within 6 months
3.
The state legislature continues to exist
SLA is either dissolved or suspended
4.
During national emergency only parliament can legislate on
state list
Parliament can delegate the power to any authority
or the President
5.
Grounds- external aggression, war, armed rebellion
Grounds- when the state is not been carried as per
the provisions of the Constitution.
6.
National emergency can be extended for any period
President's rule can be maximum extended for 3
years
7.
If 10% of Lok Sabha give in writing that the resolution of
No such provisions
disapproval for National Emergency should be brought than
the speaker if the house is not instruction a special sitting has
to be called with imported as which may in emergency by
simple majority through passing a resolution
Federalism Page 163
Financial emergency
16 January 2024
00:05
1. Article 360 of the constitution provides for a Financial Emergency. It can be imposed when the credit of India or its financial stability
is threatened
2. The Financial Emergency has never been imposed
3. The Financial Emergency has to be approved withing 2 months by both houses of the Parliament by a simple majority.
4. The Financial Emergency proclamation shall result in the following
a. The salaries of all person of all classes can be reduced including the judges of SC and HC
b. Observes the canon of financial propriety
c. The State's money bill can also be reserved for the consideration of the President
5. Critical evaluation of Emergency Provisions
a. These provisions have been incorporated to deal with exigencies so as to empower the union so that it becomes all powerful
b. these are the unitary provisions, however they have to be exercise sparingly
c. There was criticism in the constituent assembly with respect to these features being unitary in feature
d. Ambedkar strongly defended the same wherein he stated that the constitution generally functions as a federal one, but
becomes unitary to deal with an extraordinary situation.
e. The effect on Fundamental rights have been provided but there is a certain limitation also incorporated such as the approval
of emergency by a special majority, no effect on article 20, 21, etc. so as to safeguard liberty.
Federalism Page 164
Inter-state water dispute
16 January 2024
09:07
1. Article 262 provides for the Parliament to legislate with respect to any complaint arising out of
the interstate river or river valley, by providing an adjudicating authority over the law
2. The Parliament enacted interstate water dispute act empowering the central government to
constitute water tribunals
3. article 262 also empowers the Parliament to exclude the jurisdiction of any Court including
that of Supreme Court and high court
4. the tribunal shall consists of a chairperson and two other members who at the time of
nomination are judges of supreme court and high court
5. the central government in consultation with Tribunal appoints two or more person as
assessor
6. The Tribunal will have the power of a Civil Court so as to enforce attendance, require the
discovery of the production of documents, verification, etc.
7. The River Boards Act also deals with maintenance, upkeep, etc of Inter-state river
8. The water disputes are dealt with under the Inter-State water dispute act but River Board act
deals with regulation and development of interstate rivers
9. There is a proposal to replace all ad hoc water tribunals with one permanent Tribunal
10. Supreme Court can intervene if
a. when the award is not published. For example- Cauvery water dispute award 2008
b. when the upper riparian state does not release water as per award
c. the invoking fundamental rights such as the need for water
Federalism Page 165
Zonal council
16 January 2024
09:08
1. They are created by the State Reorganization Act of 1956
2. The Zonal council in the words of Jawaharlal Nehru would develop the habit of cooperative
working among states
3. The Zonal councils are divided into 5 zones (east, west, south, north, central). There is a
separate north eastern council for the 8 states of the northeast created by the North eastern
Council Act of 1971.
4. The Zonal Council performs the following function
a. It promotes national integration
b. It arrest the growth of regionalism, linguistic division or such tendencies
c. The ideas and experiences must be exchanged
5. The functions of the councils
a. Discuss the issue of common interest in economic and social planning
b. Discuss issues pertaining to the border dispute, linguistic minorities, and interstate
transport
c. These avenues promote cooperative federalism.
Federalism Page 166
Inter-state council
16 January 2024
09:08
1. Inter-state councils was constituted under article 263
2. the inter-state Council is established by president for the following function
a. enquire into and advise upon disputes between state
b. investigate and discuss the subject of common interest
c. make recommendation in that regard
3. composition of inter-state Council
a. the PM as the chairperson
b. CM of all the states
c. CM of UTs having Legislative Assembly
d. administrators of UTs not having Legislative Assembly
e. 6 ministers of the cabinet rank from the central government are nominated by the PM
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PRIs(Panchayati Raj Institutions)
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1. Background
a. The Panchayat Raj Institutions (PRIs) are an important institution of self-government that promotes democratic decentralization.
b. Democratic Decentralization: Ultimate decisions with the people.
c. The Panchayat Raj Institutions (PRIs) have been prevalent in India since ancient times in the institutions such as Sabha an d Samiti.
d. The evidence of Panchayat Raj Institutions (PRIs) is also prevalent during the medieval period with offices such as Mukkadam, etc.
e. The local institutions in India during the British Era can be attributed to the following:
i. Lord Rippon’s effort in 1882.
ii. Famous Mayo’s Resolution of 1870.
2. Royal Commission of 1907 under the chairmanship of C.E.H. Hobhouse.
3. Democratic Decentralization got a major impetus through Article 40: “The State shall take steps to organize the Village panchayat and endow them with
such powers so as to enable them to functions as the unit of the self-government.
4. The various committees were constituted to deal with issues:
a. Balwant Rai Mehta Committee by the Government of India to examine the development of the Community Development Programme and National
Extension service.
b. Ashok Mehta Committee on PRI.
c. GVK Rao Committee by the Planning Commission for the Rural Development and Poverty Alleviations.
d. LM Singhvi Committee to prepare on “Revitalization of PRIs for the democracy and Development”.
e. Thungon Committee was a consultative committee of the Parliament.
5. The 64th Constitutional Amendment Bill could not get passed due to strong resistance from the states and the dissolution of Lok Sabha.
6. Finally, the 73rd Constitutional Amendment Act inserted
a. Part XI
b. Article 243 to 243O
c. Eleventh Schedule with 29 Subjects.
d. Article 280 of the Constitution was also amended.
7. The Act was applicable from 24th April 1993 which is celebrated as the Panchayati Raj Day.
8. Why the Constitutional Amendment was needed
a. Article 40 being a Directive Principle of State Policy not being implemented.
b. The was no uniform structure of PRIs.
c. Elections were not conducted on time.
d. The PRIs were not devolved proper powers.
e. Provisions of the reservation were not properly implemented.
9. Provisions in constitution
a. Article 243 (b): Gram Sabha means a body consisting of persons registered under the electoral role within the panchayat at th e village level.
b. Article 243 A: The Gram Sabha exercise such power and functions as determined by the state legislature.
c. Article 243 B: Compulsory constitution of Panchayat at, Village, intermediate, and District level.
i. The members at all three levels are directly elected.
ii. The chairperson at the intermediate and district level will be elected indirectly from among the members.
iii. The chairperson at the village level shall be directly or indirectly elected and will be determined by the state legislature.
d. Article 243C
i. The Chairperson of—
1) a panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
2) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.
3) The Legislature of a State may, by law, provide for the representation—
a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not
having Panchayats at the intermediate level, in the Panchayats at the district level;
b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;
c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencie s
which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;
d) of the members of the Council of State and the members of the Legislative Council of the State, where they are registered as
electors within—
i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
ii) a Panchayat area at the district level, in Panchayat at the district level.
4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial
constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.
e. Article 243D(Reservation of seats)
i. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
ii. Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be al lotted by rotation
to different constituencies in a Panchayat.
iii. The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under
clause (4) shall cease to have an effect on the expiration of the period specified in article 334.
iv. Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panch ayat or offices of
Chairpersons in the Panchayats at any level in favour of a backward class of citizens.
v. Triple test in Employment and Appointments and promotion.
1) Indra Sawhney Case, 1992.
a) The Parliament of Indian Passed the 77th Constitutional Amendment Act and brought Article 16 (4A).
2) M Nagaraj Case, 2006 and Jairnail Singh Case, 2018 (Reservation in promotion)
a) Show that they are backward with quantifiable data.
b) For SC/ST reservation in promotion: prove that they are inadequately represented.
c) No need for the backwardness of SC and STs.
f. Article 243F(Disqualifications for membership.)
i. A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—
1) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State
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ii.
iii.
iv.
v.
vi.
vii.
1) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State
concerned: Provided that no person shall be disqualified on the ground that he is less than twenty -five years of age, if he has attained
the age of twenty-one years;
2) if he is so disqualified by or under any law made by the Legislature of the State.
If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the
question shall be referred to the decision of such authority and in such manner as the Legislature of a State may, by law, pr ovide.
The person shall be disqualified for being or being chosen if:
The person is disqualified under any law for the purpose of elections to the state legislature.
Except that the minimum age to become a member should be 21 years.
If he or she is so disqualified to become a member by an act of the legislature.
The Apex court in Javed vs. the State of Haryana upheld the additional ground of disqualification prescribed by the appropria te legislature.
g. Article 243G(Powers, authority, and responsibilities of Panchayats)
i. Article 243G is important from the perspective of the element of functionality, the legislature of the state may endow them w ith such powers
so as to enable them to function as a unit of self-government.
ii. Devolve the power to Panchayat at the appropriate level to prepare a plan for economic development and social justice and imp lementation
of schemes including those in relation to matters listed in the 11th Schedule.
h. Article 243H.(Powers to impose taxes by, and Funds of, the Panchayats.)
i. The legislature of the state may by law endows the PRI to levy collect and appropriate such taxes duties and tolls as prescri bed.
ii. Make Grant-in-Aid to panchayat from Consolidated Fund of States.
i. Article 243K(Elections to the Panchayats.)
i. State Election Commission
1) It is a constitutional body under Article 243K.
2) It is responsible for the election of PRIs and Urban Local Bodies (ULBs).
3) It is headed by the State Election Commissioner.
4) Subject to any law made by the state legislature the service or tenure of office shall be determined by the governor through a rule.
5) The state election commissioner can only be removed in a manner similar to that of the Judge of the High court.
j. Article 243-I (Constitution of Finance Commission to review financial position)
i. The State Finance Commission (SFC) is a constitutional body under 243 I.
ii. The State Finance Commission Recommends the principle which should govern
iii. Distribution of net proceeds of taxes, duties, and tolls between state and Panchayats and allocation among Panchayat at all l evels.
iv. Grant-in-Aid to the Panchayats from Consolidated Fund of State.
v. The measure needed to improve the financial position of Panchayats.
vi. The state legislature may by law provide for the composition and qualification with respect to the State Finance Commission.
k. Article 243J: Audit of Accounts of Panchayat
i. The state legislature may by law makes provisions for the maintenance of accounts and audits of account of Panchayats
l. Panchayat Extension to Scheduled Area Act 1996
i. The state legislature shall not make any law that is inconsistent with their customary law, and social and religious practice s.
ii. To safeguard their cultural identity and customary mode of dispute resolution.
10. Every gram Sabha
a. Shall approve plans for social and economic development, identification of beneficiaries,
b. Certificate of the utilization of funds.
c. Mandatory recommendation of Gram Sabha for the grant of prospecting license of the lease for the minor minerals.
d. Gram Sabha or Panchayat at the appropriate level shall be consulted before the acquisition of land and implementation shall b e coordinated at the
state level.
e. Panchayat at the appropriate level and Gram Sabha are endowed with the power to enforce prohibition
f. Ownership of minor forest produce.
g. Manage village market.
h. Control money lending.
i. The state legislature shall try to follow the pattern of the Sixth Schedule while designing the administrative arrangements i n the Panchayats at the
district level.
11. Recommendation of 2nd Administrative Reform Commission (ARC)
a. The second ARC in its sixth report recommended that PRI should be given functional autonomy to become the institution of self -government real
sense.
b. PRI shall be given a substantial share in royalty from minerals collected by the state government.
c. The common property resources in the village should be identified, listed, and used productively.
d. The State Election Commissioner should be appointed by recommendation of the collegium consisting of the chief minister, lead er of opposition in
the state legislative assembly, and speaker of state legislative ass
e. The role of state government should be to prescribe the band of rates of tax but the taxation power of the PRI should be expa nded.
f. Training of elected representatives.
g. Land management including registration traffic management, school education, etc. can be devolved into PRIs and ULBs.
h. Space technology should be harnessed to create an information base.
12. Problems of PRIs
a. No fiscal autonomy.
b. States are reluctant to devolve more powers to PRIs.
c. Titular or de jure representation of women.
d. Lack of Infrastructure.
e. The state does not constituent finance commission on time.
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ULBs(Urban Local Bodies)
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1. Urban Local Bodies
a. The term municipality is used in a generic sense for urban local bodies
b. It includes-Municipal corporations for larger urban area
c. Municipal council for smaller urban area
d. Nagar panchayat for transition area from rural to urban
e. The following factor shall be kept in consideration while determining such classificationi. Population
ii. Population density.
iii. Revenue generation capacity for local administration.
iv. Percentage of people employed in non-agriculture activities.
f. The entire Municipal area shall be divided into territorial constituencies known as wards.
g. The legislature of the state may by lawi. Provide for representation in the municipalityii. Persons having special knowledge or experience in municipal administration.
iii. The members of the house of people and members of the legislative assembly of state representing constituencies that comprise
wholly or partly the municipal areas.
iv. Members of the council of state and the members of the legislative council of the state registered as electors within the Municipal
area.
v. The person having special knowledge and experience in municipal administration may be represented in a municipal corporation but
without the right to vote.
vi. The state legislature may by law provide for composition and how the seats are to be filled in ward committees.
vii. There shall be constituted ward committee consisting of one or more wards having a population of 3 lacks or more.
viii. The state legislature will also decide the other provisions related to ward committees.
ix. When a ward committee consists of two or more wards, one of the members representing such ward shall be elected by members as
chairperson.
x. The sets shall be reserved for SCs and STs in proportion to their population.
xi. Not less than 1/3rd seats shall be reserved for women.
xii. The state legislature may provide for reservation in favour of backward classes of citizens.
xiii. The Municipality shall have a tenure of 5 years from its first meeting.
xiv. The state legislature may provide additional grounds for disqualification.
xv. The state legislature may authorize the municipality to levy, collect, and appropriate such taxes and duties, and tolls and may grant
aid to the municipality from the Consolidated fund of India.
xvi. The Finance Commission constituted under 245I shall also perform a similar function for the municipality.
xvii. The State election commission under 243K shall also have similar functions for municipalities
2. Article 243ZD the constitution of the District planning committee(DPC)a. District planning committee shall consolidate the plans prepared by panchayats and municipals and prepare and prepare a draft
development plan for the district as a whole.
b. The legislature of the state may also determine the composition of DPC and how seats shall be filled
c. Not less than 4/5th of members of DPC shall be among the elected members of PRIs and Municipalities at the district level in the ratio of
rural to urban population in the district.
d. The DPC shall take into consideration the matters of common interests, extent, and type of resources available while making a draft
development plan.
3. Election of Mayor
a. The constitution of India authorizes the state legislature to decide how the election to the office of chairperson in a municipality should be
conducted.
b. Many states have adopted direct elections while some have adopted indirect elections.
c. There is a demand to amend the constitution and provide for compulsory direct election of the Mayor.
d. Benefitsi. It provides stability to the office of the Mayor and will end the practice of frequent no-confidence motions against him.
ii. The direct election of the Mayor will be directly accountable to the people.
iii. It empowered the mayor through a direct election will lead to faster decision-making and better implementation.
iv. The direct election will also give him or her a long tenure and stability in governance.
4. Cantonment boarda. It is established under the Cantonment act 2006.
b. The cantonment boards are meant for municipal administration of the civilian population in the cantonment area.
c. The cantonment boards come under the ministry of defence.
d. The cantonment board president is the ex-officio that is the military officer commanding the station.
e. The chief executive officer is appointed by the President(she or he is Indian defence state service)
f. The Vice-President is elected by the members among themselves.
5. Notified area committeea. Notified area committee is created for municipal administration of a fast-developing industrial town that otherwise does not fulfil the
criteria to be designated as a municipality.
b. It is constituted by notification published in the gazette.
c. Those provisions of the state municipal act which are mentioned in the notification apply to Notified area committee.
d. It is not a statutory body.
e. It is an entirely nominated body.
6.
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Election related provisions in constitution
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1. Article 324:
a. direction, superintendence and control of the electoral rolls, Elections (LS, RS, SLA, SLC, Pres, VP) in election commission of
India
b. Establishment of Election Commission of India
2. Article 325:
1. No person to be ineligible for inclusion in , or to claim to be included in a special electoral roll on grounds of religion, race, caste,
or sex.
2. Single electoral roll
3. Article 326
1. Universal Adult Franchise (Indian citizen above age of 18) (Disqualification subject to law by appropriate legislature on ground of
non-residence, unsoundness of mind, crime or corrupt or illegal practice.)
4. Article 327
1. Power of Parliament to make law with respect to Parliamentary and state Legislative (elections, electoral rolls, delimitation, and
all other matters)(Parliament enacted RPA 1950 and RPA 1951)(Representation of People Act= RPA)
2.
5.
S no.
RPA 1950
RPA 1951
1
Voters qualification
Administrative machinery
2
Preparation of electoral election
Election related offences, dispute
3
Provision of delimitation
Disqualification
4
Allocation of seats, etc
Registration and recognition of Political Parties
6. Article 328
1. The state legislature is also empowered to make laws. (in so far as provision in that behalf is not made by Parliament)
7. Article 329
1. The validity of any law regarding Delimitation under article 327 and 328 shall not be called upon question in any court
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Representation of People Act 1950 and 1951
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1. Representation of People Act 1950 provides Rules
• for Pre-election formalities.
a. Preparation of voter list.
b. Allocations of Seat.
c. The Delimitation of Parliamentary and Assembly Constituencies Order.
d. Qualification of the voters.
e. Officers allocated to conduct
f. Manner of Filling Seats in the Council of States to be filled by Representatives of Union
Territories.
• Section 20A of RPA 1950: Special provisions for citizens of India residing outside India.
a. Notwithstanding anything contained in this Act, every citizen of India—
i. whose name in not included in the electoral roll;
ii. who has not acquired citizenship of any other country; and
iii. who is absenting from his place of ordinary residence in India owing to his
employment, education or otherwise outside India (whether temporarily or not),
shall be entitled to have his name registered in the electoral roll in the
constituency in which his place of residence in India as mentioned in his passport
is located.
2. Representation of People Act 1951
• is mainly for the during and post-election process.
• It provided provisions to deal with areas such as rules for notification and Election campaigns.
3. Election Officers
RPA 1950
RPA 1951
Electoral registration officer (ERO):
(SDM)
Chief Electoral Officer (CEO)
Assistant Electoral Returning Officer
(AERO)
District Electoral Officer (DEO)
CEO
Returning Officer
DEO
Observers (General Observer, Finance Observer, Police
Observer)
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Glossary of terms used (As per Election commission of India
Manual on Model Code of Conduct)
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1. Assistant Electoral Registration Officer: The Election Commission may appoint one or more persons
as Assistant Electoral Registration Officers to assist an Electoral Registration Officer to prepare the
electoral roll of the Constituency under his charge. Every Assistant Electoral Registration Officer
shall, subject to the control of Electoral Registration Officer, be competent to perform all or any of
the functions of Electoral Registration Officer.
2. Assistant Returning Officer: The Election Commission may appoint one or more persons as Assistant
Returning Officer to assist a Returning Officer in conduct of election for the Constituency under his
charge. Every Assistant Returning Officer shall, subject to the control of Returning Officer, be
competent to perform the functions assigned in the statutes.
3. Booth Capturing: Booth capturing means unauthorised casting of votes by some person other than
the genuine voter either by intimidating or threatening the polling officials to surrender the ballot
papers or by preventing the voters from going to the polling stations.
4. Booth Level Officer: Booth Level Officer is a local Government/ Semi Government official, familiar
with the local electors and generally a voter in the same polling area, who assists in updating the roll
using his local knowledge. He, under the overall supervision of Electoral Registration Officer, is
responsible for field verification, collection of information/data regarding electors and preparation
of roll of a part of electoral roll in respect of the polling area, assigned to him
5. Bribery: Bribery may be described as an inducement to a person, by wrong means, to do or not to do
a thing which he may otherwise have not done or done. In the context of elections, bribery is the
most common and rampant form of corrupt practice. It is any gift, offer or promise by a candidate or
his agent or by any other person with the consent of a candidate or any election agent, with the
object of inducing a person to stand or not to stand or to withdraw or not to withdraw from being a
candidate at an election, or an elector to vote or refrain from voting at an election.
6. Chief Electoral Officer: Chief Electoral Officer is an officer of the State Government, who supervises
the work relating to preparation of electoral roll and conduct of all elections to Parliament and the
Legislature of the State, subject to the overall superintendence, direction and control of the Election
Commission.
7. Constituency: As amended from time to time, the Delimitation Order defines the territorial extent of
each Assembly Constituency and the Parliamentary Constituency. A number of Assembly
Constituencies comprise a Parliamentary Constituency. All Assembly and Parliamentary
Constituencies are territorial, i.e. have fixed geographical boundaries. An exception is the Sangha
Assembly Constituency in Sikkim which comprises of monks residing in recognised monasteries all
over the State of Sikkim.
8. Corrupt Practice: A corrupt practice is committed by a candidate, or by someone else with his
consent. It has effect of vitiating the whole election and can result in the said election being declared
void. Corrupt practices at elections are specified in Section 123 of the Representation of the People
Act, 1951.
9. District Election Officer: The Election Commission designates the head of district administration,
variously known as Collector, Deputy Commissioner or District Magistrate, as District Election Officer
of the district concerned. Subject to the superintendence, direction and control of Chief Electoral
Officer, District Election Officer shall coordinate and supervise all work in the district or in the area
within his jurisdiction in connection with the preparation and revision of the electoral rolls, and
conduct of elections to all Parliamentary, Assembly and Council Constituencies within the district.
District Election Officer is responsible for providing polling stations and the publication of the list of
polling stations and for providing polling staff at elections
10. Election Manifesto: An election manifesto is a published document containing declaration of the
ideology, intentions, views, policies and programmes of a political party, keeping an eye, in
particular, on forthcoming elections and published and publicised on the eve of elections
11. Electoral Offence: Electoral offence is a criminal act relatable to an election specified under the
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11. Electoral Offence: Electoral offence is a criminal act relatable to an election specified under the
Indian Penal Code. Commission of an electoral offence can be taken cognizance of as soon as it is
committed in the same manner in which any other criminal activity is investigated and tried.
12. Electoral Registration Officer: For the purpose of preparation and revision of electoral rolls of a
constituency, the Election Commission, in consultation with the Government of the State,
designates/nominates an officer of the State Government concerned, as Electoral Registration
Officer. Electoral Registration Officer is the statutory authority to prepare the electoral roll of the
Constituency under his charge.
13. Electoral Roll: Ordinarily known as "voter list‟, electoral roll is a list of persons registered as electors
residing in a constituency. For proper management, electoral roll of a constituency is divided into
several parts which contain details of electors of the corresponding polling areas.
14. EPIC: Electors Photo Identity Card (EPIC) is issued by Electoral Registration Officer to all electors
registered in the electoral roll of the Assembly Constituency under him, for establishing the identity
of the concerned elector at the time of poll.
15. False Statement: False statement is publication by a candidate or his agent or any other person with
consent of the candidate or his election agent, of any statement of fact which is false or not true, in
relation to personal character or conduct of any candidate calculated to prejudice the prospects of
that candidate "selection.
16. Freebie: Freebie is „something given without charge‟. In common parlance, freebies are the
promises of giving certain tangible materials such as bicycles, laptops, TVs or facilities like electricity
connection, water connection or food grains on nominal price or without any cost to a targeted
group of electorate like people below poverty line, women, students, disabled people etc.
17. Gratification: Gratification means something valuable including all pecuniary benefits, entertainment
and employment, which is calculated to satisfy a person's aim, object or desire. It refers to a gift
made of something which gives material advantage to its recipient.
18. Impersonation: If a person votes in the name of any other person, whether living or dead, or in a
fictitious name, or if having voted once, votes in his own name, he commits the offence of
impersonation at that election. Impersonation is an electoral offence.
19. Inducement: Inducement is persuasion, promise and gratification offered through a third person,
direct or indirect, to a voter to vote or refrain from voting. The voter may not be a direct party in the
bargain between the candidate/ his election agent and the third person but must be shown to have
an indirect interest in it.
20. Model Code of Conduct: The Model Code of Conduct is a set of norms for guidance of political
parties and candidates during election period, evolved with the consensus of political parties. The
Election Commission ensures its observance by political parties including the ruling parties and
candidates during the period of elections so that nobody can disturb the level playing field for all
political parties involved in the electoral process.
21. Party in Power: The party in power is the political party which is in government at the centre or in
the state. The Model Code of Conduct intends that no action should be taken by a party in power in
close proximity to the date on which the elections are announced so as to derive any benefit
therefrom during the elections.
22. Photo Voter Slips: For convenience of voters on day of poll, pre-printed official voter slips, containing
photograph of voter and details available in the photo roll such as Number and Name of
Constituency, Part No., Name, Gender, EPIC No., Relatives name, Serial No., Polling Station No. and
Name and Date, Day and Time of poll, are distributed to all enrolled voters by District
Administration. Photo Voter Slips are duly authenticated by Electoral Registration Officer and
distributed through Booth Level Officer as per the schedule for distribution prepared by Returning
Officer. The undistributed Photo Voter Slips shall be kept by Booth Level Officer. No photocopy of
Photo Voter Slip is allowed for distribution purpose. Any unauthorized distribution/possession of
Photo Voter Slip shall be considered as violation of provisions of the Representation of the People
Act, 1951 and Indian Penal Code.
23. Polling Station: Polling station is the room/hall fixed for holding poll where the electors of the
concerned polling area cast their votes on the day of poll. It is also referred to as „polling booth‟.
24. Returning Officer: The Election Commission, in consultation with the Government of the State,
designates/nominates an officer of the State “No voter to be left behind” Government concerned, as
Returning Officer for a constituency for election to State Legislature or Parliament.
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Returning Officer for a constituency for election to State Legislature or Parliament.
25. Screening Committee: To examine references of Model Code of Conduct from various departments
of State Government, a Screening Committee is constituted in every State during elections. The
Screening Committee is headed by Chief Secretary and consisted of two other members. After
clearance from the Screening Committee, the Model Code references are sent for the approval of
the Election Commission through the Chief Electoral Officer of that State.
26. SVEEP: Systematic Voters‟ Education and Electoral Participation (SVEEP) is a programme initiated by
the Election Commission in 2011 to increase voter awareness and facilitate electoral participation
through voter registration and turnout in the youths, women, tribal and other marginalized sections
of the society.
27. Threat of Divine Displeasure/Spiritual Censure: Any inducement or attempt to induce electors to
believe that they would become object of divine displeasure or spiritual censure, if they cast votes or
refrain from casting votes in favour of a particular candidate.
28. Threat of Injury: The most common form of undue influence is to force a voter to vote or not for a
particular candidate, or not to vote in an election at all by making threats of physical injury in case of
any defiance of such dictate. Such threats of physical injury may not be confined only to the voter
concerned but may also be directed against the third person, like, members of voter's family or any
relatives or friends.
29. Undue Influence: Undue Influence, a major corrupt practice, implies to any direct or indirect
interference or attempt to interfere on the part of a candidate or his election agent, with the free
exercise of any electoral right. It amounts to a threatening to any candidates or any elector or any
person in whom the candidate or elector is interested with injury of any kind including social
ostracism and excommunication or expulsion from any caste or community.
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Model code of Conduct
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1. But no statutory backing.
2. in Union of India Vs Harbans Singh Jalal and Others the Supreme Court Validated Model Code
of Conduct.
3. S. Subramaniam Balaji v/s Government of Tamil Nadu & Others wherein the court observed
that Model Code becomes enforceable from the date of announcement of the election
programme.
4. It remains in force till the completion of election process.
5. In February 2014, an additional Part VIII was added to Model Code to regulate the issue of
election manifestos by political parties pursuant to judgement dated 5th July 2013 of the
Supreme Court in S. Subramaniam Balaji v/s the Government of Tamil Nadu & Others.
6. Prepared after consultation of Political Parties
7. Model Code of Conduct for guidance of political parties and candidates is a small but unique
document.
8. It contains the following 8 parts:a. Part I of Model Code lays stress on certain minimum standards of good behaviour and
conduct of political parties, candidates and their workers and supporters during the
election campaigns.
b. Parts II and III deal with the holding of public meetings and taking out processions by
political parties and candidates.
c. Parts IV and V describe as to how political parties and candidates should conduct
themselves on the polling day and at the polling booths.
d. Part VI exhorts political parties and candidates to bring their complaints to the notice of
the observers appointed by the Election Commission for remedial action.
e. Part VII deals with the parties in power. This part is, in essence, the flesh and blood of
Model Code, which deals with several issues relating to Government and its Ministers,
such as visits of Ministers, use of Government transport and Government
accommodation, announcements of various schemes and projects etc.
f. The newly added Part VIII says that election manifestoes shall not contain anything
repugnant to the ideals and principles enshrined in the Constitution and further that it
shall be consistent with the letter and spirit of other provisions of Model Code.
9. It is there to provide the level playing field to all Political parties and negate any special
advantage to the ruling party.
10. MCC was prepared by ECI after deliberation with political parties and using its powers under
Article 324 for free and fair Elections.
11. The following malpractices mentioned in Model Code are listed as „corrupt practices‟ and
„electoral offences‟ in the Indian Penal Code and the Representation of the People Act, 1951:( Source : MCC, ECI Website).
a. Indulgence in any activity which may aggravate existing differences or create mutual
hatred or cause tension between different castes and communities, religious or linguistic
is a corrupt practice under Section 123 (3A) of the Representation of the People Act,
1951.
b. Appeal to caste or communal feeling for securing votes and for election propaganda is a
corrupt practice under Section 123 (3).
c. Bribery to voters is both a corrupt practice and an electoral offence under Section 123
(1) of the Representation of the People Act, 1951 and Section 171B of the Indian Penal
Elections Page 176
(1) of the Representation of the People Act, 1951 and Section 171B of the Indian Penal
Code, respectively.
d. Intimidation of voters is an electoral offence under Section 135A (c) of the
Representation of the People Act, 1951.
e. Impersonation of voters is an electoral offence under Section 171D of the Indian Penal
Code.
f. Canvassing within 100 meters of polling stations is an electoral offence under Section
130 of the Representation of the People Act, 1951.
g. Holding of public meetings during the period of 48 hours ending with the hour fixed for
the close of the poll is an electoral offence under Section 126 (1) of the Representation
of the People Act, 1951.
h. Transport and conveyance of voters to and from polling stations is both a corrupt
practice and an electoral offence under Section 123 (5) and Section 133 of the
Representation of the People Act, 1951, respectively.
i. Creating obstruction in or breaking up meetings and processions of one political party by
workers of other parties or creating disturbances at public meetings of one political
party by workers or sympathisers of other political parties by putting questions orally or
in writing or by distributing leaflets of their own party OR taking out processions by one
party is an electoral offence under 14 “No voter to be left behind” Section 127 of the
Representation of the People Act, 1951.
j. Serving or distributing liquor on polling day and during the forty eight hours preceding it
is an electoral offence under Section 135 (c) of the Representation of the People Act,
1951.
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Election commission of India
16 January 2024
23:55
1. Article 324
2. Constitutional Body
3. Established on 25th January 1950
4. CEC + EC – same powers, same salary, same service conditions, decision by majority
5. CEC – removed as Judge of Supreme Court
6. EC – removed on recommendation of CEC
7. Composition – CEC + other Election Commissioners which President Time to Time fix.
8. Tenure – 65 years – 6 years(1 term)
9. Regional Commissioners may be appointed by President in consultation of Election
Commission.
10. Conditions of the service of Chief Election Commissioner shall not be varied to his
disadvantage after his appointment.
Elections Page 178
Political Parties and Election Symbol order-1968
16 January 2024
23:55
1. First a political party is formed, then it is registered and then it can be recognized or
unrecognized.
2. A registered Party is different from recognised Party (All parties are Registered but then on the
basis of performance they are recognised or remain non recognised)
3. A recognised political party shall either be a National party or a State party.
4. Conditions for recognition as a State Party – A Political party shall be eligible for recognition as
a State party in a State, if, and only if, any of the following conditions is fulfilled:
a. At the last general election to the Legislative Assembly of the State, the candidates set
up by the party have secured not less than six percent of the total valid votes polled in
the State; and, in addition, the party has returned at least two members to the
Legislative Assembly of that State at such general election; or
b. At the last general election to the House of the People from that State, the candidates
set up by the party have secured not less than six percent of the total valid votes polled
in the State; and, in addition, the party has returned at least one member to the House
of the People from that State at such general election; or
c. At the last general election to the Legislative Assembly of the State, the party has won at
least three percent of the total number of seats in the Legislative Assembly, (any fraction
exceeding half being counted as one), or at least three seats in the Assembly, whichever
is more; or
d. At the last general election to the House of the People from the State, the party has
returned at least one member to the House of the People for every 25 members or any
fraction thereof allotted to that State or
e. At the last general election to the House of the People from the State, or at the last
general election to the Legislative Assembly of the State, the candidates set up by the
Party have secured not less than eight percent of the total valid votes polled in the
State.}
5. Conditions for recognition as a National Party – A political party shall be eligible to be
recognised as National party, if, and only if, any of the following conditions is fulfilled:
a. the candidates set up by the party, in any four or more States, at the last general
election to the House of the People, or to the Legislative Assembly of the State
concerned, have secured not less than six percent of the total valid votes polled in each
of those States at that general election; and, in addition, it has returned at least four
members to the House of the People at the aforesaid last general election from any
State or States; or
b. At the last general election to the House of the People, the party has won at least two
percent of the total number of seats in the House of the People, any fraction exceeding
half being counted as one; and the party's candidates have been elected to that House
from not less than three States; or
c. The party is recognised as State party in at least four States.
6. The Election Commission of India decides over the disputes related to symbols in case of a –
a. Split
b. Any dispute between 2 or more groups in the party.
7. A state recognised political party has symbol reserved in the entire state
8. Same goes for a National Party that is recognised – symbol reserved in entire country (If a new
party gets National Recognition and there is already a Recognised Political Party in the state
with the same symbol, then the State Recognised Party will have that common symbol and
Elections Page 179
with the same symbol, then the State Recognised Party will have that common symbol and
National Party would be given alternative)
9. This is all guided by Election Symbols Order, 1968
10. The national parties and state parties that get recognition enjoy certain benefits such as:
a. A national party is allotted space in the national capital and a state party in the state
capital.
b. The recognized political party's candidates' name is alphabetically arranged first in the
EVM.
c. The symbol for the national party is frozen for the entire country while the staterecognized party it is frozen for the entire state.
d. They are allotted free air time over Doordarshan.
e. The recognized parties also have to give one proposer rather than 10 proposers.
Elections Page 180
Electoral Bonds
16 January 2024
23:55
1. The concept of electoral bonds was introduced through the Finance Act of 2017.
2. The National Commission to review the working of Constitution also highlighted the High Cost
of Elections as the reason for corruption.
3. RBI designated SBI as the bank to sell bonds.
4. It must be exchanged (submitted) within 15 days i.e. they are valid for 15 days from the date
of issuance.
5. Must be bought after complying KYC Norms.
6. The amended Section 182 of the Companies Act 2013 removes the requirement by companies
to declare contributions made to political parties through Electoral Bonds.
7. Previously, the companies can maximum contribute up to 7.5% of average last three years
average profit – this provision has been done away with. No such restriction now.
8. Conditions for Electoral Bonds: Only parties registered under the RPA 1951, which secured not
less than one per cent of the votes polled in the last General Election to the House of the
People or the Legislative Assembly of the concerned state
9. Positives –
a. KYC Norms would need the channelizing of black money
b. In addition to Electoral Bonds Provisions like not taking more than 2,000 cash will end
the use of Black Money
c. Money being channelled to Political Parties are documented, and accounted in banks
which may be retrieved by enforcement agencies
10. Challenges –
a. Anonymity
b. Only SBI designated giving upper hand to ruling party to gain information.
c. Removal of 7.5 Percent Cap
d. Now, even Foreign Companies having majority stake companies can contribute.
Elections Page 181
State Funding of Election
16 January 2024
23:55
1. State Funding of elections has been a long pending issue and it is extremely important for free
and fair elections.
2. The Corporate Funding brings with itself certain negatives such as –
a. Heavily in favour of National Parties and parties that are ruling
b. The corporates expect policy favour.
c. This will lead to better accountability as the secrecy will pave way for transparency
3. The INDRAJEET GUPTA COMMITTEE on State Funding of Elections made certain
recommendations:a. State Funding should be in form of KIND
b. Only to Recognised Political Parties
c. Complete account should be with the Election Commission of India
4. CHALLENGES –
a. Limited fiscal capacity of the State
b. If given to Recognised Parties
c. the Registered Parties would cry foul of violative of Principle of equality
a. also reap electoral dividend compared to state parties (people may give vote to same
party in Centre, State)
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Simultaneous holding of elections
16 January 2024
23:55
1. The issue got into limelight after out Honourable Prime Minister urged in to this regard.
2. Positives –
a. Saves time
b. Saves energy
c. MCC is enforced for a very limited time
d. Populist measures and compulsions shall be avoided
e. Nation will save huge amount of money
f. Stability will lead to better decision making and analysis of future government actions
(certainty)
3. Challenges –
a. Constitution needs to be amended to ensure that there is a Confidence Motion along
with every No-Confidence Motion - States may not agree to such proposals.
b. Some experts argue that it will give edge to National Party
c. National Parties with huge resources at their bay would be at a higher pedestal to meet
the exigencies of simultaneous elections
d. Some experts also believe that the National Parties will
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None of the Above (NOTA)
16 January 2024
23:55
1. Apex Court in People’s Union in Civil Liberties Case, 2013 – ruled that Rule 49(O) of Conduct of
election Rules, 1961 is ultra vires with the Article 19 of the Constitution.( Also arbitrary
classification violative of Article 14). · Apex Court directed that –
2. Provision of NOTA shall be introduced in ECI
3. Right to vote implies RT Reject, RT be neutral due to his choice, belief
4. Right to reject has its ramification from Freedom of Speech and Expression.( Although
technically the candidate is not rejected.)
5. Right to Secrecy is an integral part of free and fair elections.
6. Arbitrary distinction between a person who voted and one who chose not to vote on basis of
secrecy is violative of Article 14.
7. POSITIVES –
a. Voter participation would be high due to the option of NOTA
b. Voter's frustration is exhibited through NOTA
c. Political Parties may realise over a period of time and it may compel them to bring in
better candidates
d. Dissent if the safety value of Democracy and NOTA is a form of dissent
8. NEGATIVES –
a. Merely a cosmetic provision will not lead to the defeat of candidate.
b. NOTA should also be clubbed with the Right to Recall.
Elections Page 184
Opinion and exit poll
16 January 2024
23:55
EXIT POLL (opinion of a voter)
OPINION POLL (general
opinion of public)
Explicitly provided in Section 126(a) of the RPA, 1951 that
restricts the dissemination of voter's choice taken after they
have voted
They are as such are not
banned explicitly through
RPA, 1951, but the provisions
of Section 126 in RPA, 1951
(not explicitly given)
It is banned
The Opinion Polls are banned
under this provision 48 hours
before the polling ends
This also empowers the ECI to ban any such exit poll and the
provision also has fine / imprisonment / both in case of
violation
The Election Commission of India bans Exit Poll in pursuance of
the Act from the first day of the 1st phase to half an hour after
the voting ends in the last phase
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Proxy voting and NRI voting
16 January 2024
23:55
1.
2.
3.
4.
NRI – Non-Residential Indians – living outside India.
NRI – register and has to come and vote physically.
India doesn't support e-voting as of now.
The Postal Voting facility is available to government servants posted outside, Army Personnel
(wife of army personnel is allowed) and other classes defined by ECI in consultation with the
Government. ( Section 60 of RPA 1951).
5. The overseas staying NRIs can register through Form 6A.
6. The ECI, in December 2020 has for the first time expressed that it is technically and
administratively ready to implement
7. an electronically transmitted postal ballot system
8. This will be done through ETPBS, it is yet to finalised, how the votes will be transmitted to the
RO.
9. As per RPA, 1950, an NRI can vote at his place of residence, as mentioned in his/her passport
by being physically present at the polling booth on the polling day, so as of now, proxy voting
and E-voting is not extended to NRIs, this will increase the voter participation and also
concretise democracy.
10. The present system is that the RPA allows certain categories of voters, to cast their vote as per
Section 60 of RPA, 1951 and rules made therein
Elections Page 186
Electronic Voting machines(EVM)
16 January 2024
23:55
1.
2. The EVM was mooted by the Election Commission of India in 1977 and 1st time machine was used in
North Paravur Constituency in Kerala
3. Electronic Voting Machine (EVM):
• a portable microcontroller-based instrument designed to modernize the Election process.
• It is manufactured and supplied to the ECI by Bharat Electronics Limited (under the Ministry of
Defense) and Electronic Corporation of India Limited (under the Department of Atomic
Energy).
• It consists of 3-units the o Ballot unit: Functions like a keyboard with 16 buttons/key.
○ Control unit: Also called as the master unit, remains with the polling/presiding officer
○ VVPAT: Allows the voters to verify that their votes are cast as intended.
▪ When a vote is cast, a slip is printed containing the serial number, name and
symbol of the candidate
▪ This slip is visible through a transparent window for 7 seconds before it
automatically cuts and drops into a sealed box.
▪ it was introduced to have the fullest transparency in the voting system and to
restore the confidence of the voters by ensuring the accuracy of the voting system
using EVMs
4. Advantages of the EVM-VVPAT
• It runs on battery and does not require any external power supply.
• Negating a scenario of an invalid vote akin to an invalid paper ballot.
• It does not permit more than 4 votes per minute, thereby deterring booth capturing.
• After pressing the ‘CLOSE’ button on the control unit, there is no possibility of voting.
• By pressing the ‘TOTAL’ button on the control unit at any time, the total number of votes
polled up to the time of pressing the button is displayed, without indicating the candidatewise result of votes.
• It is not possible to pre-program the EVM in a spurious manner.
5. Challenges –
1. The challenge and suspicion towards EVM have reduced its credibility which needs to be
restored for the faith of the common person
2. EVMs challenged by the ECI though has been successful in eliminating the mistrust and fear
but the rumours spread by political parties have added fuel to the fire
3. Any party losing elections have got into culture of accusing the EVMs.
6. J. Jayalalithaa and Ors vs. Election Commission of India Positives ( Supreme Court Validated
EVM‟S).
1. Time saved
2. Energy saved
3. Environment – paper reduction
4. Better accuracy, less chances of interference
5. Time gap between 2 voters eliminates the chances of booth capturing (90 secs)
Elections Page 187
Voter Verified Paper Audit Trial (VVPAT)
16 January 2024
23:55
1. VOTER VERIFIED PAPER AUDIT TRIAL
2. The VVPAT is a machine attached to the EVMs that reflects the vote given in form of 3 information –
1. Name of the candidate
2. Party symbol
3. Serial
3. This paper is then automatically dropped in a box which can be verified later in case of anomaly
between EVM and VVPAT votes
4. The Apex Court before 17th Lok Sabha Elections directed that VVPAT shall be matched with EVM for
5 polling booths every Assembly Constituency before the declaration of results by the RO.
Elections Page 188
Paid news and social media
16 January 2024
23:55
1. Paid News (PCI) –
a. Any news analysis in Print media or electronic media for consideration in kind or cash
b. The Election Commission of India is also taking steps to establish committees at district
level to look into complaints of Paid News
c. The expenditure should be included in the Candidate's filed expenditure after elections
d. Law Commission of India has recommended for provision of Paid News explicitly in RPA
1951.
2. Social Media –
a. The arrival of www and internet has changes communication forever in an
unprecedented manner.
b. The menace of social media during elections has led to ECI taking strong steps
c. ECI has a meeting with Internet and Mobile Association of India that led to deviation of
Code of Ethics for self- regulation.
i. Term social media – not mentioned in the RPA
ii. The meeting led to agreement between ECI and major social media houses
(Facebook, WhatsApp, etc.,) to notify ECI under sec.126 of RPA – 1951 in case of
any campaign within that 40 hours ban limit
iii. The social media Houses also exhibited their intent to self- regulate and
collectively work with ECI in achieving the mandate of fair election not marred by
communal clashed or posts of similar kind and polarisation over Internet.
d. UMESH SIMHA COMMITTEE ON SOCIAL MEDIA –
i. Constituted under leadership of Senior Deputy Election Commissioner Mr. Umesh
Simha
ii. Committee was to review and suggest modification and changes in provisions of
Sec.126 of RPA-1951 and provisions of Model Code of Conduct
iii. The committee dealt with the issue and suggested that Section 126 of the RPA
embodies the principle of “Election Silence”
iv. The provisions of election Silence should be extended to cover –
1) Print and Social Media
2) Cable channels
3) Internet
4) Online version of print media
v. The social media agencies must be asked to label political advertisements from
other content and maintain an account of expenditure incurred by political parties
/ candidates for advertisement
vi. Committee also suggested that political parties must release their manifesto at
least 72 hours before the polling ends in 1st phase.
Elections Page 189
Criminalization of politics
16 January 2024
23:55
1. Main reasons for criminalisation –
a. Vote Bank Politics (Caste, Religion factor)
b. Corruption and money power
c. Acceptance among masses
d. Lack of idealism.
2. The Apex Court in 2002 (ADR Case) – ruled that the Nomination papers shall include criminal
antecedents, educational qualifications and financial information to assets, liabilities etc.,
3. Apex Court in People’s Union for Civil Liberties Case provided for NOTA button in EVM.
4. This has led to venting of citizen's anger and their exhibition of dissent in case of all the
candidates not accepted to them.
5. Lily Thomas v. Union of India, 2013 – struck down Section 8(4) of RPA, 1951, that allowed the
convicted politicians to escape disqualification by acceptance of an appeal in a Higher Court.
This has led to a situation where politicians are immediately disqualified on conviction.
6. Corrupt Practices are mentioned in Section 123 of RPA 1951.
7. Electoral Offences
a. Section 125, RPA 1951 :- Promoting enmity between classes in connection with election.
b. Section 125 A , RPA 1951 :- Penalty for false affidavit.
8. LAW COMMISSION OF INDIA – also recommended that cases against the politicians must be
fast tracked and should be decided within a year.
Union Government in 2017 informed that it is setting Fast Track Courts across the country.
(Special Fast Track Courts have been established to expedite the cases against elected
representatives).
9. WAY FORWARD –
a. Stricter implementation of MCC
b. The political parties must look into the suggestions by the Apex Court to stay away from
giving tickets to people with criminal antecedents
c. The nexus between corporates – politicians – state officials must be broken and
loopholes in RPS (No explicit provision to countermand elections in event of money
distribution) etc., must be addressed by legislature
d. There should be inner-party democracy.
Elections Page 190
Inner Party Democracy
16 January 2024
23:55
1. Includes transparency and openness in governance of a party, organisational elections,
selection of candidates, etc
2. According to NCRWC report on electoral processes and political parties- no electoral reforms
can be effective without reforms in political party system
3. 2nd ARC, 2008 report on ethics and governance underlines the importance of inner party
democracy
4. not whip in elections of President and Rajya Sabha
Elections Page 191
Wildlife act 1972
10 January 2024
14:12
• About:
•
The Wild Life (Protection) Act, of 1972 provides a legal
framework for the protection of various species of wild
animals and plants, management of their habitats, regulation, and
control of trade in wild animals, plants, and products made from
them
•
The act also lists schedules of plants and animals that are afforded
varying degrees of protection and monitoring by the government.
•
India's entry to the CITES (Convention on International Trade in
Endangered Species of Wild Fauna and Flora) was made easier
by the Wildlife Act.
•
Earlier, Jammu and Kashmir was not covered by the Wildlife
Protection Act of 1972. The Indian Wildlife Protection Act now
applies to J&K as a result of the reorganisation act.
•
Constitutional Provisions for the Wildlife Act:
•
The 42nd Amendment Act, 1976, Forests and Protection of
Wild Animals and Birds was transferred from State to
Concurrent List.
•
Article 51 A (g) of the Constitution states that it shall be
the fundamental duty of every citizen to protect and improve
the natural environment including forests and Wildlife.
•
Article 48 A in the Directive Principles of State policy, mandates
that the State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the
country.
•
Schedules under the Act:
•
Schedule I:
•
It covers endangered species that need rigorous protection.
•
A person is liable to the harshest penalties for violation of the
law under this Schedule.
•
Species under this Schedule are prohibited to be hunted
throughout India, except under threat to human life or in case of a
disease that is beyond recovery.
•
Some of the animals listed under Schedule I include the Black
Buck, Snow Leopard, Himalayan Bear and Asiatic Cheetah.
•
Schedule II:
•
Animals under this list are also accorded high protection with
the prohibition on their trade.
some laws Page 192
the prohibition on their trade.
•
Some of the animals listed under Schedule II include Assamese
Macaque, Himalayan Black Bear and Indian Cobra.
•
Schedule III & IV:
•
Species that are not endangered are included under Schedule
III and IV.
•
This includes protected species with hunting prohibited but the
penalty for any violation is less compared to the first two
schedules.
•
Animals protected under Schedule III include Chital (spotted deer),
Bharal (blue sheep), Hyena, and Sambhar (deer).
•
Animals protected under Schedule IV include Flamingo, Hares,
Falcons, Kingfishers, Magpie, and Horseshoes Crabs.
•
Schedule V:
•
This schedule contains animals that are considered
as vermin (small wild animals that carry disease and destroy
plants and food). These animals can be hunted.
•
It includes only four species of wild animals: Common Crows,
Fruit Bats, Rats, and Mice.
•
Schedule VI:
•
It provides for regulation in the cultivation of a specified
plant and restricts its possession, sale, and transportation.
•
Both cultivation and trade of specified plants can only be carried
out with the prior permission of the competent authority.
•
Plants protected under Schedule VI include Beddomes’ cycad
(Native to India), Blue Vanda (Blue Orchid), Red Vanda (Red
Orchid), Kuth (Saussurea lappa), Slipper orchids
(Paphiopedilum spp.) and Pitcher plant (Nepenthes khasiana).
•
Bodies Constituted under the Act:
•
National Board for Wildlife (NBWL):
•
NBWL serves as an apex body for the review of all wildliferelated matters and for the approval of projects in and around
national parks and sanctuaries.
•
State Board for Wildlife (SBWL):
•
The Chief Minister of the state/UT is the chairperson of the board.
•
Central Zoo Authority:
•
The Central Zoo Authority consists of a total 10 members
including the Chairperson and a Member-Secretary.
The authority provides recognition to zoos and is also tasked
some laws Page 193
•
The authority provides recognition to zoos and is also tasked
with regulating the zoos across the country.
•
It lays down guidelines and prescribes rules under which
animals may be transferred among zoos nationally and
internationally.
•
National Tiger Conservation Authority (NTCA):
•
Following the recommendations of the Tiger Task
Force, NTCA was constituted in 2005 for strengthening tiger
conservation.
•
The Union Environment Minister is the Chairperson of NTCA and
the State Environment Minister is the Vice-Chairperson.
•
The Central Government on the recommendations of NTCA
declares an area as a Tiger Reserve.
•
Wildlife Crime Control Bureau (WCCB):
•
The act provided for the constitution of WCCB to combat organized
wildlife crime in the country.
•
Protected Areas Under the Act:
•
There are five types of protected areas under the Act which
are: Sanctuary, National Parks, Conservation Reserves,
Community Reserves and Tiger Reserves.
•
Important Amendments done to the Act:
•
Wildlife (Protection) Amendment Act of 1991:
•
This amendment strengthened the penalties and fines for
wildlife-related offences and also introduced provisions for the
protection of endangered species.
•
Wildlife (Protection) Amendment Act of 2002:
•
This amendment introduced the concept of community reserves
and conservation reserves as protected areas.
•
Wildlife (Protection) Amendment Act of 2006:
•
This amendment dealt with the issue of human-wildlife
conflict and provided for the creation of a National Tiger
Conservation Authority (NTCA) to manage and protect tiger
reserves.
•
It also made provisions for the creation of a Tiger and Other
Endangered Species Crime Control Bureau to deal with wildliferelated crimes.
•
Wildlife (Protection) Amendment Act, 2022:
•
The Act seeks to increase the species protected under the law
and implement CITES.
some laws Page 194
•
The number of schedules has been reduced to four:
•
Schedule I containing animal species enjoying the highest
level of protection.
•
Schedule II for animal species subject to a lesser degree of
protection.
•
Schedule III for protected plant species, and
•
Schedule IV for scheduled specimens under CITES.
•
The Act permits the use of elephants for 'religious or any other
purposes'.
•
The penalties have also been increased for general and specially
protected animals' violations.
What are the Initiatives of Wildlife Development Under
WPA, 1972?
•
Project Tiger Conservation:
•
Project Tiger Conservation to conserve the population of
tigers. Launched in 1973, the project is still ongoing with the help
of the Ministry of Environment, Forest, and Climate Change.
•
Project Elephant:
•
Project Elephant is launched by the central government in
1992 to protect and conserve elephants.
•
A total of 88 corridors were identified under the Act.
•
Wildlife Corridors:
•
Wildlife corridors are connected with the protected areas and
allow the movement of animals without interfering with human
settlements. Recently, India's first urban wildlife corridor is being
planned between New Delhi and Haryana. The corridor is near
the Asola Bhatti wildlife sanctuary to provide safe passage to
wildlife animals such as leopards and other animals.
What are the Challenges in WPA, 1972?
•
Lack of Awareness:
•
Despite being in existence for over 50 years, the Act has not been
able to reach the masses effectively. Many people are still
unaware of the importance of wildlife conservation and the laws
surrounding it.
•
Human-Wildlife Conflict:
•
With the increase in human population and the encroachment
of wildlife habitats, there has been a rise in human-wildlife
conflict. This often leads to the killing of wildlife, which is illegal
under the WPA.
some laws Page 195
under the WPA.
•
Illegal Wildlife Trade:
•
India has observed a significant increase in illegal wildlife trade,
which is a major threat to the country's wildlife. Despite stringent
laws, poaching and illegal trade in wildlife products continue to
thrive.
•
Lack of Coordination:
•
There is often a lack of coordination between the forest
department and other government agencies such as the
police, customs, and revenue departments.
•
This makes it difficult to effectively enforce the WPA and curb
illegal wildlife trade.
•
Inadequate Penalties:
•
The penalties for wildlife crimes under the WPA are not stringent
enough to act as a deterrent. The fines and sentences are often
too low to make an impact on the offenders.
•
Lack of community participation:
•
Conservation efforts cannot be successful without the participation
of local communities. However, there is often a lack of
community participation in wildlife conservation efforts.
•
Climate Change:
•
Climate change is a significant threat to wildlife habitats, and it is
likely to create threats to existing wildlife. The WPA needs to take
into account the impact of climate change on wildlife and their
habitats.
Conclusion
•
The WPA 1972 has been in existence for more than 50 years, but
it faces several challenges. Addressing these challenges will
require a concerted effort from the government, civil society, and
the public. Effective enforcement, community participation, and
awareness-raising campaigns are some of the steps that can be
taken to protect India's wildlife and their habitats.
some laws Page 196
RTI act 2005
17 January 2024
12:22
Historical Background
•
The right to information gained power when Universal Declaration of Human Rights was
adopted in 1948 providing everyone the right to seek, receive, information and ideas through
any media and regardless of frontiers.
•
The International Covenant on Civil and Political rights 1966 states that everyone shall
have the right to freedom of expression, the freedom to seek and impart information and ideas
of all kinds.
•
According to Thomas Jefferson “Information is the currency of democracy,” and critical to the
emergence and development of a vibrant civil society. However, with a view to set out a
practical regime for the citizens to secure information as a matter of right, the Indian Parliament
enacted the Right to Information Act, 2005.
•
Genesis of RTI law started in 1986, through judgement of Supreme Court in Mr. Kulwal v/s
Jaipur Municipal Corporation case, in which it directed that freedom of speech and
expression provided under Article 19 of the Constitution clearly implies Right to Information, as
without information the freedom of speech and expression cannot be fully used by the citizens.
Objectives of the Act
•
To empower the citizens
•
To promote transparency and accountability
•
To contain corruption and
•
To enhance people’s participation in democratic process.
Reasons for Adoption of Information Act
The factors responsible for adoption of information act are as follows•
Corruption and scandals
•
International pressure and activism
•
Modernization and the information society
Features of the Act
•
Section 1(2) : It extends to the whole of India except the State of Jammu and Kashmir.
•
Section- 2 (f): "Information" means any material in any form, including Records, Documents,
Memos, e-mails, Opinions, Advices, Press releases, Circulars, Orders, Logbooks, Contracts,
Reports, Papers, Samples, Models, Data material held in any electronic form and information
relating to any private body which can be accessed by a Public Authority under any other law
for the time being in force.
•
Section- 2(j) : "Right to Information" means the right to information accessible under this Act
which is held by or under the control of any public authority and includes the right to:
•
Inspection of work, documents, records;
•
Taking notes, extracts or certified copies of documents or records;
•
Taking certified samples of material;
•
Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts where such information is stored in a computer or in any
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electronic mode or through printouts where such information is stored in a computer or in any
other device.
What is Public Authority?
"Public authority" means any authority or body or institution of self government established or
constituted—
•
by or under the Constitution;
•
by any other law made by Parliament/State Legislature.
•
by notification issued or order made by the appropriate Government, and includes any—
•
body owned, controlled or substantially financed;
•
non-Government organisation substantially financed, directly or indirectly by funds provided by
the appropriate Government.
•
Section 4 of the RTI Act requires suo motu disclosure of information by each public
authority. However, such disclosures have remained less than satisfactory.
•
Section 8 (1) mentions exemptions against furnishing information under RTI Act.
•
Section 8 (2) provides for disclosure of information exempted under Official Secrets Act, 1923 if
larger public interest is served.
•
The Act also provides for appointment of Information Commissioners at Central and State
level. Public authorities have designated some of its officers as Public Information Officer. They
are responsible to give information to a person who seeks information under the RTI Act.
•
Time period: In normal course, information to an applicant is to be supplied within 30
days from the receipt of application by the public authority.
•
If information sought concerns the life or liberty of a person, it shall be supplied within 48
hours.
•
In case the application is sent through the Assistant Public Information Officer or it is sent to a
wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the
case may be.
Importance
•
The RTI Act, 2005 did not create a new bureaucracy for implementing the law. Instead, it
tasked and mandated officials in every office to change their attitude and duty from one of
secrecy to one of sharing and openness.
•
It carefully and deliberately empowered the Information Commission to be the highest authority
in the country with the mandate to order any office in the country to provide information as per
the provisions of the Act. And it empowered the Commission to fine any official who did not
follow the mandate.
•
Right to information has been seen as the key to strengthening participatory democracy and
ushering in people centred governance.
•
Access to information can empower the poor and the weaker sections of society to demand
and get information about public policies and actions, thereby leading to their welfare. It showed
an early promise by exposing wrongdoings at high places, such as in the organisation of the
Commonwealth Games, and the allocation of 2G spectrum and coal blocks.
•
Right to information opens up government’s records to public scrutiny, thereby arming citizens
with a vital tool to inform them about what the government does and how effectively,
thus making the government more accountable.
•
Improves decision making by public authority by removing unnecessary secrecy.
Challenges
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Challenges
•
Different types of information is sought which has no public interest and sometimes can be
used to misuse the law and harass the public authorities. For example-
•
Asking for desperate and voluminous information.
•
To attain publicity by filing RTI
•
RTI filed as vindictive tool to harass or pressurize the public authority
•
Because of the illiteracy and unawareness among the majority of population in the country, the
RTI cannot be exercised.
•
Though RTI’s aim is not to create a grievance redressal mechanism, the notices from
Information Commissions often spur the public authorities to redress grievances.
RTI vs Legislations for Non Disclosure of Information
•
Some provisions of Indian Evidence Act (Sections 123, 124, and 162) provide to hold the
disclosure of documents.
•
Under these provisions, head of department may refuse to provide information on affairs of
state and only swearing that it is a state secret will entitle not to disclose the information.
•
In a similar manner no public officer shall be compelled to disclose communications made to
him in official confidence.
•
The Atomic Energy Act, 1912 provides that it shall be an offence to disclose information
restricted by the Central Government.
•
The Central Civil Services Act provides a government servant not to communicate or part with
any official documents except in accordance with a general or special order of government.
•
The Official Secrets Act, 1923 provides that any government official can mark a document as
confidential so as to prevent its publication.
RTI vs Right to Privacy
•
Conceptually, RTI and the right to privacy are both complementary as well as in conflict to each
other.
•
While RTI increases access to information, the right to privacy protects it instead.
•
At the same time they both function, as citizen rights safeguarding liberty, against state’s
overreach.
When the question of harmonising the contradicting rights arises, it should
•
give justice to the larger public interest
•
advance the public morality
RTI vs OSA
The OSA was enacted in 1923 by the British to keep certain kinds of information confidential,
including, but not always limited to, information involving the affairs of state, diplomacy, national
security, espionage, and other state secrets.
•
Whenever there is a conflict between the two laws, the provisions of the RTI Act override
those of the OSA.
•
Section 22 of the RTI Act states that its provisions will have effect notwithstanding anything
that is inconsistent with them in the OSA.
•
Similarly, under Section 8(2) of the RTI Act, a public authority may allow access to
information covered under the OSA, “if the public interest in disclosure outweighs the harm to
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information covered under the OSA, “if the public interest in disclosure outweighs the harm to
the protected interest”.
RTI and Political Parties
Why activists want political parties to be brought under RTI?
•
To contain corruption
•
Huge donations from corporates which lead to favouritism or crony capitalism
•
Illegal foreign contribution
•
The leader of the opposition is statutorily mandated to be part of the select committees to
choose Chairperson for CIC, Lokpal, CBI Director and CVC
•
Various members of the opposition are also part of various parliamentary committees
•
They enjoy multiple benefits like concessional office spaces, free airtime on DD & AIR from govt
Stand of Political Parties
•
PP’s are not public authorities, hence cannot be brought under RTI Act.
•
Disclosed information can be misused.
•
Can disclose financial information under the IT Act.
Recent Amendments
•
The RTI amendment Bill 2013 removes political parties from the ambit of the definition of public
authorities and hence from the purview of the RTI Act.
•
The draft provision 2017 which provides for closure of case in case of death of applicant can
lead to more attacks on the lives of whistleblowers.
•
The proposed RTI Amendment Act 2018 is aimed at giving the Centre the power to fix the
tenures and salaries of state and central information commissioners, which are statutorily
protected under the RTI Act. The move will dilute the autonomy and independence of CIC.
•
The Act proposes to replace the fixed 5 year tenure to as much prescribed by government.
Other Issues
•
Information commissioners do not have adequate authorities to enforce the RTI Act.
•
In case of award of compensation to activist by public authority as ordered by commision,
compliance cannot be secured.
•
Poor record-keeping practices
•
Lack of adequate infrastructure and staff for running information commissions
•
Dilution of supplementary laws like the whistleblowers protection Act.
Conclusion
•
The Right to Information Act was made to achieve social justice, transparency and to make
accountable government but this act has not achieved its full objectives due to some
impediments created due to systematic failures.
•
As observed by Delhi High Court that misuse of the RTI Act has to be appropriately dealt with;
otherwise the public would lose faith and confidence in this "sunshine Act".
•
It is well recognized that right to information is necessary, but not sufficient, to improve
governance. A lot more needs to be done to usher in accountability in governance, including
protection of whistleblowers, decentralization of power and fusion of authority with
accountability at all levels.
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accountability at all levels.
•
This law provides us a priceless opportunity to redesign the processes of governance,
particularly at the grass roots level where the citizens’ interface is maximum.
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MGNREGA 2005
17 January 2024
12:22
What is MGNREGA?
•
About: MGNREGA is one of the largest work guarantee
programmes in the world launched in 2005 by the Ministry of Rural
development.
•
The primary objective of the scheme is to guarantee 100 days of
employment in every financial year to adult members of any rural
household willing to do public work-related unskilled manual work.
•
As of 2022-23, there are 15.4 crore active workers under the
MGNREGA.
•
Legal Right to Work: Unlike earlier employment guarantee schemes,
the act aims at addressing the causes of chronic poverty through a
rights-based framework.
•
At least one-third of beneficiaries have to be women.
•
Wages must be paid according to the statutory minimum wages
specified for agricultural labourers in the state under the Minimum
Wages Act, 1948.
•
Demand-Driven Scheme: The most important part of MGNREGA’s
design is its legally-backed guarantee for any rural adult to get
work within 15 days of demanding it, failing which an ‘unemployment
allowance’ must be given.
•
This demand-driven scheme enables the self-selection of workers.
•
Decentralised planning: There is an emphasis on strengthening the
process of decentralisation by giving a significant role in Panchayati
Raj Institutions (PRIs) in planning and implementing these works.
•
The act mandates Gram sabhas to recommend the works that are
to be undertaken and at least 50% of the works must be executed by
them.
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What are the Issues Associated with Implementation of
Scheme?
•
Delay and Insufficiency in Funds Dispersal: Most states have failed
to disburse wages within 15 days as mandated by MGNREGA. In
addition, workers are not compensated for a delay in payment of
wages.
•
This has turned the scheme into a supply-based programme and
subsequently, workers had begun to lose interest in working under
it.
•
There is ample evidence by now, including an admission by the
Ministry of Finance, that delays in wage payments are a
consequence of insufficient funds.
•
Caste Based Segregation: There were significant variations in delays
by caste. While 46% of payments to SC (Scheduled Caste) workers
and 37% for ST (Scheduled Tribes) workers were completed in the
mandated seven-day period, it was a dismal 26% for non-SC/ST
workers.
•
The negative impact of caste-based segregation was felt acutely in
poorer States such as Madhya Pradesh, Jharkhand, Odisha and West
Bengal.
•
Ineffective Role of PRI: With very little autonomy, gram panchayats
are not able to implement this act in an effective and efficient manner.
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are not able to implement this act in an effective and efficient manner.
•
Large Number of Incomplete works: There has been a delay in the
completion of works under MGNREGA and inspection of projects has
been irregular. Also, there is an issue of quality of work and asset
creation under MGNREGA.
•
Fabrication of Job cards: There are several issues related to the
existence of fake job cards, the inclusion of fictitious names,
missing entries and delays in making entries in job cards.
Way Forward
•
There is a need for better coordination between various
government departments and the mechanism to allot and measure
the work.
•
Some discrepancies in the payouts need to be addressed, too.
Women in the sector, on an average, earn 22.24% less than their male
counterparts.
•
State governments must ensure that public work gets started in
every village. Workers turning up at the worksite should be
provided work immediately, without much delay.
•
Local bodies must proactively reach out to returned and
quarantined migrant workers and help those in need to get job cards.
•
Gram panchayats need to be provided with adequate
resources, powers, and responsibilities to sanction works, provide
work on demand, and authorise wage payments to ensure there are no
delays in payments.
•
MGNREGA should be converged with other schemes of the
government. For example, Green India initiative, Swachh Bharat
Abhiyan etc.
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Forest right act 2006
17 January 2024
12:22
What is Forest Rights Act, 2006 and its Provisions?
•
The Act recognizes and vests the forest rights and occupation in Forest
land in Forest Dwelling Scheduled Tribes (FDST) and Other
Traditional Forest Dwellers (OTFD) who have been residing in such
forests for generations.
•
Forest rights can also be claimed by any member or community who
has for at least three generations (75 years) prior to the 13th day
of December, 2005 primarily resided in forest land for bona fide
livelihood needs.
•
It strengthens the conservation regime of the forests while ensuring
livelihood and food security of the FDST and OTFD.
•
The Gram Sabha is the authority to initiate the process for determining
the nature and extent of Individual Forest Rights
(IFR) or Community Forest Rights (CFR) or both that may be given to
FDST and OTFD.
•
The Act identifies four types of rights:
•
Title rights: It gives FDST and OTFD the right to ownership to land
farmed by tribals or forest dwellers subject to a maximum of 4
hectares. Ownership is only for land that is actually being cultivated by
the concerned family and no new lands will be granted.
•
Use rights: The rights of the dwellers extend to extracting Minor
Forest Produce, grazing areas etc.
•
Relief and development rights: To rehabilitate in case of illegal
eviction or forced displacement and to basic amenities, subject to
restrictions for forest protection.
•
Forest management rights: It includes the right to protect,
regenerate or conserve or manage any community forest resource
which they have been traditionally protecting and conserving for
sustainable use.
What was the Rationale behind the Implementation of FRA,
2006?
•
The FRA, 2006 was implemented to recognize and vest the forest
rights and occupation in forest land in forest dwelling Scheduled
Tribes and other traditional forest dwellers who have been residing
in such forests for generations but whose rights could not be recorded.
•
The Act also aimed to undo the historical injustice occurred to the
forest dwelling communities due to the forest management
policies of colonial and post-colonial India, which did not
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policies of colonial and post-colonial India, which did not
acknowledge their symbiotic relationship with the forests.
•
The Act further intended to empower the forest dwellers to access
and use the forest resources in a sustainable manner, to conserve
the biodiversity and ecological balance, and to protect them from
unlawful evictions and displacement.
What were the Injustices faced by the Forest Dweller
Communities?
•
Pre Colonial Era: Before colonialism, local communities had traditional
rights over forests in their area or even a wider region. Even if kings or
chieftains claimed hunting rights in specific forests, local communities
still had access to all other benefits from the forests.
•
Colonial Era: The colonial government introduced Indian Forest Act,
1878 which was based on the idea of ‘eminent domain’ (that the ruler
always owns all property),.
•
The Imperial Forest Department was established to harvest and
transform the forest to maximise timber and revenue.
•
It was also tasked with protecting ‘state’ property against local
communities, now deemed trespassers.
•
The injustices imposed by this colonial forest policy took multiple
forms. Viz:
•
Now that forests were seen as primarily a timber resource, shifting
cultivation was banned.
•
The so-called survey and settlement of agricultural lands was
incomplete and biased in favour of the state.
•
‘Forest Villages’ were created to ensure labour for forestry
operations , wherein forest land was leased for agriculture to
households (mostly Adivasis) in return for compulsory labour (virtually
bonded).
•
Since forests were now state property, all access to forest produce
was limited, temporary and chargeable, and always at the mercy of the
forest bureaucracy that was armed with police powers.
•
Any concessions to local livelihood needs were termed ‘privileges’ that
could be modified or withdrawn any time.
•
Even where access was permitted, the local community had no right
to manage the forest, as the state logged valuable forests and made
heavily used forest de facto open-access.
•
Post Independence Era:
•
After Independence, things didn’t change much. When
the government hurriedly brought princely States and zamindari
estates into the Union, they declared their forest areas as state
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estates into the Union, they declared their forest areas as state
property without checking who was living there.
•
People who had been living there for generations suddenly became
'encroachers.'
•
The government then leased out forest lands under various campaigns
such as ‘Grow More Food’ to meet the needs of a growing population,
but they were never properly regulated.
•
People displaced by dams were not given alternative lands and
ended up 'encroaching' on forest land elsewhere.
•
The Wildlife (Protection) Act 1972 and the Forest (Conservation)
Act 1980 (FCA), again conceived within the framework of eminent
domain.
•
Many communities were moved forcefully to establish sanctuaries and
national parks.
•
When using forests for development, the opinions of local people
weren't considered, and despite charging significant fees,
they weren't adequately compensated for the impact on their lives.
How Forest Rights Act, 2006 helps Address these Historical
Injustices?
•
The FRA is remarkable because it first of all acknowledges these
historical (colonial) injustices and their continuation postIndependence. Redress then takes three broad forms.
•
The issue of so-called ‘encroachments’ is addressed
through recognising individual forest rights (IFRs) to continue
habitation and cultivation or other activities that existed before
December 2005.
•
Forest villages are to be converted into revenue villages after full
rights recognition.
•
The issue of access and control is addressed by recognising the
rights of village communities to access and use forests and to own
and sell minor forest produce, and, most importantly, to manage
forests within their customary boundaries, including in sanctuaries
and national parks.
•
It ensures decentralised forest governance, linking management
authority and responsibility to community rights.
•
The Act lays down a democratic procedure for identifying whether and
where wildlife conservation may require curtailing or extinguishing
community rights.
•
When a community has rights to a forest, it means they
automatically get a say in any changes to the forest and can even
stop them. They also have the right to be compensated if any changes
do happen.
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do happen.
•
This right was reaffirmed by the Supreme Court in the Niyamgiri case,
and
•
Although the Forest Conservation Rules 2022 and FCA Amendment
2023 seek to bypass this right, States can still put in place such
consent mechanisms.
What are the Issues in Implementation of the Forest Rights
Act?
•
Individual Rights vs. Community Rights: Politicians in some states
have predominantly focused on individual rights, turning the Act
into an 'encroachment regularization' scheme. This approach
neglects the recognition and protection of community rights, which are
essential for sustainable forest management.
•
Poor Recognition of Individual Forest Rights (IFRs): The
recognition of Individual Forest Rights has been done poorly, often
compromised by resistance from the Forest Department, apathy
from other departments, and misuse of technology. Claimants face
hardship during the filing process, encountering faulty and nontransparent rejections and arbitrary partial recognitions.
•
Digital Processes in Areas with Poor Connectivity: Implementation
of digital processes, such as the VanMitra software in Madhya
Pradesh, has posed challenges in areas with poor connectivity
and low literacy rates. This exacerbates existing injustices and
hinders the effective filing and processing of claims.
•
Incomplete Recognition of Community Forest Rights (CFRs): The
slow and incomplete recognition of community rights to access
and manage forests (CFRs) is a significant lacuna in FRA
implementation. The forest bureaucracy is resistant to these rights,
potentially impeding the empowerment of local communities in
managing their forests.
•
Limited Recognition of CFRs in Most States: While Maharashtra,
Odisha, and Chhattisgarh have made some progress in recognizing
CFRs, this has not been the case in most states. Maharashtra's
activation of CFRs through de-nationalizing minor forest produce is a
positive example, but challenges persist, especially in potential mining
areas.
•
Convenient for Conservationists and Development Lobby: Nonrecognition of community rights serves the interests of hardline
conservationists and the development lobby. Communities in protected
areas become vulnerable to 'voluntary rehabilitation,' and forests
may be exploited for mining or dams without obtaining community
consent.
•
Forest Villages Not Addressed: The issue of 'forest villages' has not
been adequately addressed in most states, indicating a lack of
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been adequately addressed in most states, indicating a lack of
comprehensive implementation.
What should be the Way Forward?
•
Empowerment of Gram Sabha: Ensure that the Gram Sabha, the
local self-government in villages, is actively involved in decision-making
processes related to forest management.
•
Inclusive Decision Making: Encourage the inclusion of rights holders
in the decision-making processes to ensure that their perspectives and
needs are considered.
•
Education and Training: Conduct awareness programs and training
sessions for forest dwellers to inform them about their rights under the
FRA.
•
Capacity Building: Strengthen the capacity of civil society
organizations to support and advocate for the rights of forest dwellers.
•
Monitoring Mechanisms: Establish monitoring systems to ensure that
the Forest Department and other relevant authorities adhere to the
provisions and objectives of the FRA.
•
Accountability Measures: Implement accountability measures for any
violations or non-compliance with the FRA, ensuring that responsible
authorities are held accountable.
•
Integrated Planning: Develop integrated plans that consider both the
development and conservation needs of forests while respecting the
rights and interests of forest dwellers.
•
Consultative Processes: Engage in consultative processes that
involve all stakeholders to find a balance between development and
conservation goals.
Conclusion
Certain states aim to promptly acknowledge rights, but in areas like
Chhattisgarh, swift implementation often advantages the Forest
Department, distorting rights and granting excessive control to
bureaucrats. To address this issue, it's crucial for political leaders,
bureaucrats, and environmentalists to comprehend and endorse the
essence of the FRA. Otherwise, past injustices will endure, forest
governance will lack democracy, and the opportunity for community-led
conservation and sustainable livelihoods will remain unrealized.
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Right for children to free and compulsory education act
2009
17 January 2024
12:22
What is Right
to Education?
Right to Education Act (RTE) provided free and compulsory education to
children in 2009 and enforced it as a fundamental right under Article 21-A.
Why Right to Education?
The Right to Education serves as a building block to ensure that every child
has his or her right to get a quality elementary education.
Constitutional Background
•
Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of
DPSP, had a provision for state funded as well as equitable and
accessible education.
•
The first official document on the Right to Education was Ramamurti
Committee Report in 1990.
•
In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan
JP vs State of Andhra Pradesh & Others held that Education is a
Fundamental right flowing from Article 21.
•
Tapas Majumdar Committee (1999) was set up, which encompassed
insertion of Article 21A.
•
The 86th amendment to the constitution of India in
2002, provided Right to Education as a fundamental right in partIII of the Constitution.
•
The same amendment inserted Article 21A which made Right to
Education a fundamental right for children between 6-14 years.
•
The 86th amendment provided for a follow-up legislation for Right to
Education Bill 2008 and finally Right to Education Act 2009.
Feature of Right to Education (RTE) Act, 2009
•
The RTE Act aims to provide primary education to all children aged
6 to 14 years.
•
It enforces Education as a Fundamental Right (Article 21).
•
The act mandates 25% reservation for disadvantaged sections of
the society where disadvantaged groups include:
•
SCs and STs
•
Socially Backward Class
•
Differently abled
It also makes provisions for a non-admitted child to be admitted to
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•
It also makes provisions for a non-admitted child to be admitted to
an age appropriate class.
•
It also states that sharing of financial and other responsibilities between
the Central and State Governments.
•
It lays down the norms and standards related to:
•
Pupil Teacher Ratios (PTRs)
•
Buildings and infrastructure
•
School-working days
•
Teacher-working hours.
•
It had a clause for “No Detention Policy” which has been removed
under The Right of Children to Free and Compulsory Education
(Amendment) Act, 2019.
•
It also provides for prohibition of deployment of teachers for noneducational work, other than decennial census, elections to local
authority, state legislatures and parliament, and disaster relief.
•
It provides for the appointment of teachers with the requisite entry and
academic qualifications.
•
It prohibits
•
Physical punishment and mental harassment
•
Screening procedures for admission of children
•
Capitation fee
•
Private tuition by teachers
•
Running of schools without recognition
•
It focuses on making the child free of fear, trauma and anxiety through
a system of child friendly and child centred learning.
Achievements of Right to Education Act,2009
•
The RTE Act has successfully managed to increase enrolment in the
upper primary level (Class 6-8).
•
Stricter infrastructure norms resulted in improved school infrastructure,
especially in rural areas.
•
More than 3.3 million students secured admission under 25% quota
norm under RTE.
•
It made education inclusive and accessible nationwide.
•
Removal of “no detention policy” has brought accountability in the
elementary education system.
•
The Government has also launched an integrated scheme, for school
education named as Samagra Shiksha Abhiyan, which subsumes the
three schemes of school education:
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three schemes of school education:
•
Sarva Shiksha Abhiyan (SSA)
•
Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
•
Centrally Sponsored Scheme on Teacher Education (CSSTE).
Limitation of Right to Education Act, 2009
•
Age group for which Right to Education is available ranges from 6 – 14
years of age only, which can be made more inclusive and
encompassing by expanding it to 0 – 18 years.
•
There is no focus on quality of learning, as shown by multiple ASER
reports, thus RTE Act appears to be mostly input oriented.
•
Five States namely Goa, Manipur, Mizoram, Sikkim and Telangana
have not even issued notification regarding 25% seats for
underprivileged children of society under the RTE.
•
More focus is being given over statistics of RTE rather than quality of
learning.
•
Lack of teachers affect pupil-teacher ratio mandated by RTE which in
turn affects the quality of teaching .
Steps to Be Taken
•
Minority Religious Schools need to be brought under the RTE.
•
More focus on teacher training programs.
•
Quality of education needs to be emphasized over quantity of
education.
•
Steps should be taken to make the teaching profession attractive.
•
Society as a whole needs to be supportive of education for children
without biases.
Way Forward
It has been ten years since the implementation of RTE Act, but it can be
seen that it still has a long way to go to be called successful in its purpose.
Creation of a conducive atmosphere and supply of resources would pave
the way for a better future for individuals as well as the nation as a whole.
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Land acquisition act LARR 2013
17 January 2024
12:22
Background
• The 2013 Act replaced the Land Acquisition Act, 1894 (1894 Act) and provides for higher
compensation to those deprived of land by the government for both public and private sector
projects.
• It also mandates consent of a majority of land-owners and contains provisions for rehabilitation and
resettlement.
• Under Section 24(2) of the 2013 Act, land acquisition made under the old law of 1894 lapses if the
award of compensation had been made five years before the new Act came into force, but has not
been paid.
• In such situations, the process will start afresh under the new Act, which mandates higher
compensation.
• However, there are cases of farmers and landowners refusing compensation which delays the
possession by the government.
• In such cases, the compensation is deposited in the government treasury and according to one
interpretation, the acquisition process is saved.
• This interpretation has been contended on the basis that such cases will fall under the new Act
because compensation has not been paid to the landowners, and the lapsing clause in Section 24
should be applied.
• If a long-pending land acquisition process closes under the old law and fresh acquisition proceedings
start under the new one, the land-owners will benefit and project proponents will have to pay higher
compensation.
• In the Pune Municipal Corporation vs Harakchand Misirimal Solanki case 2014, a three-judge
bench held that acquisition proceedings initiated under the 1894 Act, which were initiated five years
before the 2013 law was enacted (in 2014), would lapse if the land in question was not taken control
of or if compensation was not paid to displaced farmers.
• The judgment came as a relief for landowners.
• However, in the Indore Development Authority vs Shailendra (D) Through LRS & Ors case
2018, another three-judge bench declared the 2014 judgment “per incuriam”.
• It held that if a landowner refuses to accept the compensation offered by the developer, they cannot
take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old
law.
• This judgement was a relief for developers.
Per Incuriam
• It literally translates as "through lack of care".
• A judgment can be declared per incuriam if it does not follow a statutory provision or a binding
precedent that may have been relevant.
• Such judgments can be declared to be without any legal force and are not treated as a valid
precedent.
Key Points
• In the latest ruling, the Bench was interpreting Section 24 (2) of the 2013 Act.
some laws Page 213
• The provision said that if the physical possession of land has not been taken or the compensation is
not paid for five or more years prior to 1st January 2014, the acquisition proceeding is “deemed to
have lapsed”.
• The judgment said that the compensation would be considered paid if the amount is put in the
Treasury.
• There was no obligation that the amount should be deposited in the court in order to sustain the
land acquisition proceedings.
• Thus, there is no lapse if possession has been taken and compensation has not been paid. Similarly,
there is no lapse if compensation has been paid and possession not taken of the land.
• Further, it was also held that Section 24(2) of the 2013 Act does not give rise to a new cause of
action to question the legality of concluded proceedings of land acquisition.
some laws Page 214
National food security act, 2013
17 January 2024
12:23
National Food Security Act (NFSA), 2013
•
Notified on: 10th September, 2013.
•
Objective: To provide for food and nutritional security in the
human life cycle approach, by ensuring access to adequate
quantities of quality food at affordable prices to people to live a life
with dignity.
•
Coverage: 75% of the rural population and upto 50% of the urban
population for receiving subsidized foodgrains under Targeted
Public Distribution System (TPDS).
•
Overall, NFSA caters to 67% of the total population.
•
Eligibility:
•
Priority Households to be covered under TPDS, according to
guidelines by the State government.
•
Households covered under existing Antyodaya Anna Yojana.
•
Provisions:
•
5 Kgs of foodgrains per person per month at Rs. 3/2/1 per Kg for
rice/wheat/coarse grains.
•
The existing AAY household will continue to receive 35 Kgs of
foodgrains per household per month.
•
Meal and maternity benefit of not less than Rs. 6,000 to pregnant
women and lactating mothers during pregnancy and six months after
the child birth.
•
Meals for children upto 14 years of age.
•
Food security allowance to beneficiaries in case of non-supply of
entitled foodgrains or meals.
•
Setting up of grievance redressal mechanisms at the district and
state level.
Key Points
•
Number of Beneficiaries at Present:
•
Approximately 2.37 crore households or 9.01 crore persons, as in
February 2021 under Antyodaya Anna Yojana.
•
While approximately 70.35 crore persons are under the priority
households.
•
Significance of the NITI Aayog’s Recommendations:
some laws Page 215
•
If the rural-urban coverage ratio remains the same (67% of all
population), then the total number of people covered will increase
from the existing 81.35 crore to 89.52 crore - an increase of 8.17
crore (based on the projected 2020 population).
•
This will result in an additional subsidy requirement of Rs.
14,800 crore.
•
If the national coverage ratio is revised downward, the Centre
can save up to Rs. 47,229 crore.
•
This amount of savings can be utilised by the Government in
other important areas of concern such as health and education.
•
Challenges of the Move:
•
In the times of Covid-19 pandemic, it will be a double burden
(Unemployment and Food insecurity issues) on the poor section
of the society.
•
The move may be opposed by some of the states.
•
Other Recommendations:
•
HLC (High Level Committee) under Shanta Kumar had
recommended reducing the coverage ratio from 67% of the
population to 40%.
•
According to it, 67% coverage of the population is on the much
higher side, and should be brought down to around 40%, which will
comfortably cover BPL families and some even above that.
•
The Economic Survey- 2020-21 had recommended a revision of
the Central Issue Prices (CIP) of foodgrains released from the
central pool, which have remained unchanged for the past several
years.
Central Issue Prices
•
Foodgrains under NFSA are made available to beneficiaries at
subsidized prices.
•
The centre procures food grains from farmers at a Minimum
support price (MSP) and sells it to states at central issue prices.
•
The prices are fixed by the Central Government from time to time,
but not exceeding MSP.
From <https://www.drishtiias.com/daily-news-analysis/revising-national-food-security-act-2013-niti-aayog>
some laws Page 216
Association for Democratic Reforms (ADR) Case
17 January 2024
12:23
• The Association for Democratic Reforms (ADR), wrote to the Election Commission
seeking action against parties that fail to publish details of criminal antecedents of
candidates as per orders of the Supreme Court and the poll panel.
• ADR is an electoral watchdog established in 1999 by a group of professors from the
Indian Institute of Management (IIM) Ahmedabad.
• For years, activists and independent electoral watchdogs like ADR have been raising
concerns over political parties fielding candidates with criminal antecedents.
• After the 2019 Lok Sabha elections, according to ADR, 43% of the newly-elected
MPs had pending criminal cases against them.
Why ADR has approached the ECI seeking action against political parties
What has the Supreme Court said?
• 2018 Judgement
• In September 2018, the Supreme Court decided that political parties must
share information about the criminal cases pending against their candidates.
• This includes publishing such information on the websites of respective political
parties in a format specified by the Election Commission of India.
• The candidates did declare the cases pending against them in their election
affidavits to the ECI before the ruling.
• However, the Supreme Court order made it mandatory for the information to be
widely publicised.
• It directed parties to publish the details of criminal cases pending against a
candidate in bold letters and told the candidate with pending cases to inform the
party about these cases.
• The court also ordered that the candidate and the party have to publish the
information at least thrice after filing the nomination.
• 2020 Judgement
• In February 2020, the apex court reiterated that the parties would have to
publish the details of candidates with pending criminal cases.
• SC was hearing a contempt petition regarding its 2018 order not being
implemented.
• It also added that they would have to include the reasons for selecting such a
candidate.
• As per the court, the reasons as to selection shall be with reference to the
qualifications, achievements and merit of the candidate concerned, and not
mere winnability at the polls.
• According to this ruling, political parties must publish the information about
criminal cases against their candidates in a local vernacular newspaper, a
national newspaper, and on their official social media platforms.
• They must do this within 48 hours of candidate selection or at least two weeks
before the first nomination date, whichever comes earlier.
• The parties would then have to submit a compliance report with the ECI within
72 hours.
How are political parties flouting the Supreme Court’s orders?
• According to ADR, political parties are flouting the Supreme Court’s orders and
the ECI’s subsequent directions.
• Many political parties did not have functional websites to publish the
information.
• Those that did, had not maintained the information and/or had inaccessible
website links.
some laws Page 217
website links.
• The ADR letter point out that parties were citing chances of winning, the
popularity of the person as among the reasons.
• The SC had said that a party cannot use winnability as a reason for selecting a
candidate with criminal antecedents.
• The parties were also copy-pasting the similar justifications for multiple
candidates.
some laws Page 218
Union Territories
17 January 2024
11:20
1. The Original constitution has a four-fold classification namely, A, B, C, and D.
2. The 7th CAA delegated the four-fold classification and provided for states and union territories only in the first schedule.
3. The union territories have been constituted for different regionsa. Political and Administrative - Delhi and Chandigarh.
b. Strategic importance - Andaman Nicobar and Lakshadweep.
c. Cultural distinctiveness - Puducherry, Dadar and Nagar Haveli, Daman, and Diu.
4. Article 239- Part 8 of the constitution from A-239-241 deals with Union territories.
5. Article-239 a. The president shall administer union territories, through an administrator appointed by him.
b. The president may appoint the governor of the state and an administrator of an adjoining union territory.
c. The President shall administer union territories through administrators appointed by him with whatever designation he may spe cify.
d. The governor of a state can be appointed as administrator of an adjoining union territory where he will act independently of his council of
ministers.
6. Article- 239 Aa. Parliament may by law provide for, the legislature of Puducherry whether elected or partially elected, and partially nominate d and council
of ministers.
b. The parliament enacted UT Act 1963, where 30 members are directly elected and 13 members are nominated by the central governm ent.
c. The legislative assembly of Puducherry shall be authorized to make laws on all matters of state and concurrent list.
d. The law enacted by Parliament shall prevail over the UT law.
7. 239-AAa. It was added by the 69th CAA in 1991.
b. The union territory of Delhi shall be called as national capital territory of Delhi.
c. There shall be a legislative assembly of Delhi where all members shall be directly elected.
d. The Council of ministers' maximum strength shall be 10% of the strength of the legislative assembly.
e. The chief ministers heading the council of ministers shall be appointed by the president.
f. The legislative assembly of Delhi shall be authorized to make laws on all matters in state and concurrent lists except land p olice and public
order.
g. The council of ministers shall enjoy executive functions and powers on which the legislative assemblies can enact laws.
h. The Lieutenant Governor acts on the aid and advice of COM on those matters on which legislative assemblies shall make laws bu t in case of
a difference of opinion between the LG and his council of ministers, the matter shall be referred to the President and LG sha ll act
accordingly.
8. The apex court in a landmark verdict on 4th July 2018 in Government of NCT of Delhi vs Union of India/ a. The LG is bound by the aid and advice of COM.
b. There must be adherence to constitutional morality.
c. The elected government should be respected and the role of representative government is necessary.
d. All these decisions shall be communicated to the LG but concurrence is not required.
e. The NCT of Delhi is not a full state and the role of LG is not that of the Governor.
f. The LG shall act independently on public order, police or land, or matters outside the purview of government.
g. The Apex court also referred to the 1987 Balakrishnan committee, wherein it was observed that Delhi is not a state.
9. THE GOVERNMENT OF NCT OF DELHI ACT 1991, WAS AMENDED IN 2021 TO MAKE THE FOLLOWING CHANGESa. The term government in any law enacted by the legislative assembly would mean lieutenant governor.
b. The rules of the legislative assembly shall be consistent with the rules of procedure and conduct of the business of Lok Sabh a.
c. The legislative assembly shall not enable itself or its committees to consider matters of the day -to-day administration of the capital.
d. Before any decision of the council of ministers is implemented the opinion of LG shall be obtained, as may be specified by hi m.
e. On the matter of services, the matters are being heard by the apex court and will be adjudicated upon.
10. ARTICLE- 239 AB
a. It is similar to the president's rule under 356.
b. The president on receipt of a report from LG or otherwise can suspend the operation of article 239AA.
c. The same was proclaimed from Feb 2014 to Feb 2015.
11. Article 239 B12. The LG shall promulgate an ordinance when the legislative assembly is not in session in the case of Puducherry.
13. Article- 240 a. The president may make regulations for price progress and good government of the UT of i. Andaman and Nicobar.
ii. Dadar and Nagar haveli.
iii. Daman and Diu.
iv. Lakshadweep.
v. Puducherry, only if the legislative assembly is suspended or when it was not in force.
b. Such regulation may repeal or amend an act of parliament and shall have the same force and effect as that of an act of parlia ment.
14. Article - 241 a. The parliament may by law provide for a separate high court for a union territory or put it under any other high court's juri sdictions.
union territories Page 219
Jammu and Kashmir
17 January 2024
11:20
1. Article - 370 a. The provisions of Article 1 and article -370, shall apply to Jammu Kashmir.
b. The provision of article 238 shall not apply to J&K.
c. The Presidential order shall be issued i. Those articles of the Indian constitution in correspondence to the instrument of accession shall be extended to J&K
in consultation with the J&K government.
ii. Those articles of the Indian constitution outside matters of the instrument of accession shall extend to J&K in
congruence with the J&K government.
iii. Though the parliament shall be enacting legislation on those matters which correspond to the instrument of
accession, after consultation with the J&K government,
iv. and for outside matters, the Presidential order has to be issued in concurrence with the JK government.
v. Article 370 shall cease to be in operation partially or fully through a presidential order, issued on the
recommendation of the constituent assembly of J&K.
vi. As per article 94 of the erstwhile J&K constitution, the governor's rules can be proclaimed if the state is not being
carried out in accordance with the J&K constitution (maximum 6 months)
vii. Article - 356 can also be used to proclaim presidential rule when the state is not being carried as per the provisions
of the Indian constitution.
2. JAMMU & KASHMIR REORGANISATION ACT
I. The act created two Union Territories (UT):i. Jammu and Kashmir
ii. Union territory of Ladakh
II. The UT of J&K and UT of Ladakh shall be administered through the Lieutenant Governor appointed by the President.
III. The J&K legislative assembly will make laws on all lists except public order and police.
IV. The parliamentary authority to enact legislation shall prevail over the state legislative assembly (SLA).
V. The State legislative council (SLC) was abolished.
VI. There shall be a council of ministers of not more than 10% of the strength of the SLA.
VII. The LG shall appoint the Chief Minister and other COM on the recommendation of the Chief Minister.
VIII. The LG shall act at the discretion in the following matters:
i. Anti-corruption bureau.
ii. All India services.
iii. On those matters on which the SLA is not empowered to make laws.
IX. The President may make regulations for the peace, progress, and good government of UT of Ladakh.
X. The provisions of Article 239A shall also apply to J&K.
XI. The tenure of J&K SLA shall be five years.
3. CRITICAL ANALYSIS
a. It will lead to the return of peace.
b. It will promote national integration.
c. It will aid investment.
d. It will generate more employment opportunities.
e. The long pending demand of Ladakh was accorded by granting UT status.
f. It will boost tourism.
g. It will provide for better governance- transparent and clean.
h. The provisions of reservations and social justice would be promoted.
Jammu and Kashmir Page 220
Citizenship
17 January 2024
1.
2.
3.
4.
5.
6.
7.
8.
11:20
Articles 5 to 11 deal with Citizenship.
Article 11 empowers the Parliament to decide concerning acquisition, termination, and all related matters.
Entry 17 of the Union list is citizenship.
The following provisions are exclusively available to the citizens:a) Article 15, 16, 19, 29, 30.
b) Right to vote and contest elections.
c) Holding public offices such as president, Vice President, Judges of the Supreme Court, High Court, and governor.
The five ways to get citizenship are:a) By Birth
b) By Registration
c) By acquisition (incorporation of a territory)
d) By Naturalisation (the act of making someone a legal citizen of a country that they were not born in)
d) By Descent
Loss of Citizenship
a) By Renunciation
b) By termination if voluntarily acquires citizenship of a foreign state.
c) By Deprivation○ Showing disloyalty to the Constitution.
○ Communicating with the enemy during a war.
○ Obtaining citizenship by fraud.
○ Within five years of citizenship by registration or nationalization, imprisoned for two years.
○ Has been a resident outside India for 7 years without the intention of being a citizen.
OVERSEAS CITIZEN OF INDIA (OCI)
a. The L.M. Singhvi committee on Indian diaspora submitted its report in 2002 recommending special provisions for people of origin
belonging to certain specific countries.
b. The Citizenship amendment act 2015 introduced a new scheme called Overseas Citizen of India Cardholder by merging PIO (Person of
Indian origin) with OCI.
c. The following benefit shall accrue to OCI cardholders:
a) Multiple entry life-long visas.
b) OCIs are exempted from foreign regional registration officers' registration.
c) They are treated at par with NRIs such as in:
▪ Economic, financial, and educational matters except for agriculture and plantation property.
▪ Inter-country adoption.
▪ Domestic airfare, national parks, and Wildlife Sanctuaries.
▪ In practicing professions such as Doctors, Dentists, Advocates, Architects, CAs, etc.
CITIZENSHIP AMENDMENT ACT (CAA), NATIONAL POPULATION REGISTER(NPR), AND NATIONAL REGISTER OF CITIZENS (NRC)
a. The National Population Register is provided in the Citizenship (Registration of Citizens and Issue of national identity cards) Rules,
2003.
b. NPR is a register of usual residents to create a comprehensive database.
c. NRC:
i. Section 14A of the Citizenship Act, of 1955 empowers the central govt to compulsorily register every citizen of India and issue a
national identity card to them.
ii. The Registrar General of India is designated as National Registration Authority.
iii. The procedure shall be prescribed for the compulsory registration of citizens.
iv. Under Section 14A, no NRC has ever been conducted except for the state of Assam.
d. CAA
i. Section 2 of the Citizenship Act, 1955 as amended in 2019 provides for the following:ii. Any person belonging to the religions- Hindu, Jain, Parsi, or Christian, who entered India on or before 31st Dec 2014 exempted
by the Central Govt under the Passport Entry into India Act and Foreigners Act shall not be treated as Illegal Migrant.
citizenship Page 221
Agricultural laws
17 January 2024
11:21
1. Entry 14 of the state list is Agriculture and entry 33 of the Concurrent List is production,
supply, and distribution of foodstuff.
2. Farms laws:
i) Farmers produce trade and commerce (Promotion and Facilitation Act 2020) - Allowing
agriculture to produce trade outside the Mandis.
ii) Farmers (empowerment and protection) Agreement on price, assurance and farm
services act - Framework for Contract farming
iii) Essential commodities amendment act - It removes commodities such as oilseeds and
edible oil etc from the list of essential commodities.
agricultural laws Page 222
5th and 6th Schedule
17 January 2024
11:21
1. The provisions of the 5th and 6th schedules have been incorporated to promote autonomy, and socio-economic development in scheduled areas
and tribal areas respectively.
2. 5th Schedule
a. The President declares an area as a Scheduled area and may also alter it in consultation with the Governor.
b. The scheduled areas can be created in any state except Assam, Meghalaya, Tripura, and Mizoram where the 6th schedule is applicable.
c. The executive powers of the state do extend to these areas.
d. The Governor has to submit a report to the President concerning the administration of such areas and the Union is empowered to give
direction concerning these areas.
e. The Tribal advisory council (TAC) shall be constituted to advise on the advancement of scheduled tribes.
f. 3/4th the members of TAC shall be representatives of scheduled tribes in the state legislative Assembly.
g. A state not having a scheduled area may also have a TAC if the President so directs.
h. The Governor is specifically empowered that an act of Parliament and the State Legislative Assembly either does not apply to these areas
or applies with modification.
i. The Governor can make regulations for the peace and good government in the scheduled area.
j. These regulations may restrict the transfer of land by the scheduled tribe, regulate the business of money lending, or repeal/ amend an act
of Parliament or state legislature concerning their applicability to these scheduled areas.
k. All such regulations required the assent of the President.
3. Sixth Schedule
a. Maximum autonomy and decentralization are envisaged in these areas.
b. The executive authority of the state extends to these areas.
c. States- Assam, Meghalaya, Tripura and Mizoram.
d. There are 10 Autonomous District Councils (ADC) under the 6th schedule. (3 in Assam, Meghalaya, Mizoram, and 1 in Tripura)
e. The autonomous districts are organized by the Governor and if there are different tribes within an autonomous district, it can also be
organized into an autonomous region.
f. The members of ADCs are both nominated and elected for a tenure of 5 years (Nominated members hold office at the pleasure of the
Governor).
g. The district and regional council can administer matters such as land, forest, Shifting cultivation, Village administration, inheritance,
marriage, divorce, etc.
h. They can also make laws on these subjects requiring the assent of the Governor.
i. They can establish village councils.
j. The district council can also establish schools, hospitals, dispensaries, markets, etc.
k. They can also make regulations regarding money lending but these regulations require the assent of the Governor.
l. They can collect land revenue and impose certain specified taxes.
m. The governor can appoint a commission to report on the administration of these areas and can also dissolve these councils on the
recommendation of such a commission.
n. The act of Parliament or State legislature either does not apply to these areas or applies with modification.
5th and 6th Schedule Page 223
State legislature
17 January 2024
11:21
1. The Federal setup in India provides for the same Parliamentary form of govt at both Union and State levels.
2. The 22 states have a unicameral legislature and 6 states have bicameralism.
3. The strength of the legislative assembly is between 60 to 500 with some exceptions such as the minimum number for Arunachal Pradesh,
Sikkim, and Goa is 30 and 46 for Mizoram and Nagaland.
4. The State of Sikkim and Nagaland can have indirectly elected members in the SLA.
5. Part II of RPA 1950 specifies the number of seats and delimitation of Constituencies in the Lok Sabha and the State Legislative Assemblies
and Councils.
6. State Legislative Council
a. Creation and Abolition of the State Legislative Council
i. The legislative council is abolished or created through an ordinary law enacted by the Parliament.
ii. The description lies with the centre but no such law can be passed unless the legislative assembly passes the resolution
supported by a majority of the total membership of the assembly and not less than 2/3rd members present and voting.
b. COMPOSITION OF STATE LEGISLATIVE COUNCIL (SLC)
i. 1/3rd of seats are filled by the votes of the members of the legislative assembly from among those who are not members of
the Legislative assembly.
ii. 1/3rd of seats are filled by the votes of the elected members of the local members of local bodies.
iii. 1/12th of seats are filled by the votes of graduates with three years standing and residing in the state.
iv. 1/12th of seats are filled by the vote of teachers 3 years standing with not less than secondary school.
v. The rest 1/6th would be nominated members by the governor who have special knowledge or practical experience in the
field of literature, science, cooperative movement, social service, etc.
c. The legislative council is not at par with the legislative assembly as in the case of Lok Sabha and Rajya Sabha.
d. A bill initiated in SLA and transmitted to the SLC, the SLC has the following alternatives:
i. a) Pass the bill in its original form.
ii. b) Pass the bill with some amendments.
iii. c) Reject the bill altogether.
iv. d) Does not take any action.
e. If the SLC passes the bill in its original form, it is transmitted to the governor.
f. If the SLC suggests amendments not acceptable to the assembly or rejects the bill altogether or does not take any action for 3
months then SLA shall pass the bill again.
g. If the SLC rejects the bill again or suggests amendments not acceptable to SLA or does not take any action for 1 month then the bill
is deemed to have been passed by both houses in the form in which it was transmitted by the SLA for the second time.
h. RELEVANCE OF SLC
i. The SLC provides representation to the wider sections of society such as graduates, elected members of local bodies,
nominated members, etc.
ii. To avoid hasty legislation.
iii. To promote decentralization, wide representation, and inclusive democracy.
iv. A wider choice to the Chief Minister in selecting ministers.
7. THE DIFFERENCE BETWEEN THE SLC AND THE COUNCIL OF STATES (Rajya Sabha)
a. While Rajya Sabha serves as a federal chamber reflecting the federal character of the Indian state, the SLC is not related to
federalism.
b. While Rajya Sabha is at par with Lok Sabha except for a few but SLC is not at par with SLA.
c. The composition of SLC differs from the Council of States.
State Legislature Page 224
Const. and Stat. bodies
17 January 2024
11:21
CONSTITUTIONAL BODIES
OFFICER FOR SPECIAL LINGUISTIC MINORITIES:-
• It is a constitutional office headquartered in New Delhi.
•
•
•
•
•
There are 3 regional offices - Kolkata, Chennai, and Belgaum (Karnataka).
The report is submitted to the president through the ministry of minority affairs.
Special Officer for Linguistic Minorities was incorporate through the 7th constitutional amendment in article 350B of the constitution.
The report is submitted to the president through the ministry of minority affairs.
The Special Officer for Linguistic Minorities looks into the safeguards provided to linguistic minorities, investigates matters related to linguistic
minorities and their implementation.
• It also promotes and preserves linguistic minority groups.
• Article 350A of the constitution is one of the directions to the states outside DPSP, it provides for an adequate facility for instruction in mother
tongue up to the primary level to children of minority groups.
FINANCE COMMISSION:• The finance commission is the balancing wheel of fiscal federalism, as envisaged under article 280 of the constitution.
• The constitution provides for a chairman and 4 members but qualification is determined by the parliament.
• The major functions of the finance commission are;
• Distribution of net proceeds of taxes to be shared between centers and states.
• The principles that should govern grant-in-aid.
• The measure to be taken to augment the consolidated fund of the state for better devolution of funds to PRIs and ULBs.
• Any other matter that is referred by the president.
• The FC must also define the principles on which it arrived at the conclusion.
• The recommendation of the Finance Commission is advisory in nature but generally, they are never rejected.
Union Public Service Commission / State Public Service Commission (UPSC/SPSC)
• These are constitutional bodies.
• Membership ( UPSC ):- The composition is determined by the President and not specified in the Constitution. ( Normally 9 to 11 members including
that of Chairman).
• Membership ( SPSC ):- The composition is determined by the Governor and not specified in the Constitution.
• Qualification ( UPSC & SPSC Members) :- Not specified with the only condition that one half of the members should have held office for at least ten
years either under the Government of India or under the Government of the state.
• Tenure- 6 years in office or 65 years of age whichever is earlier for UPSC & 6 Years in office or 62 years of age whichever is earlier for SPSC.
Removal ( Same for both UPSC & SPSC ):• Can be Removed by President in following cases :• A) If adjudge insolvent.
• B) If engaged in paid employment outside office.
• C) If in the opinion of the President unfit to continue by reason of infirmity of mind or body.
• For other matters such as misbehaviour the enquiry is conducted by Supreme Court and binding advice is rendered to the President leading to
removal.
• UPSC conducts exams for All India Services, Central Services and also serves the needs of a state if requested by the Governor with the approval of
the President.
• SPSC conducts examinations for recruitment to different services of the state.
• It is consulted in matters of recruitment, disciplinary matters, etc
• UPSC / SPC is not consulted in matters of reservation
• UPSC/ SPSC is not consulted in matters, related to reservation, diplomatic appointments, etc. It is a recommendatory body.
• The President places before both the houses of the Parliament the Report of UPSC along with the action taken and reasons for non- acceptance of
any advice.
• The Governor places before the state legislature the reports of SPSC along with the action taken and reasons for non-acceptance of any
Goods and Services Tax (GST) Council:
• The GST Council was established through the 101st Constitutional Amendment.
• The Union Revenue Secretary acts as the ex officio secretary to the council.
• GST Council is the constitutional body under Article 279A of the constitution.
const^J and Statutory bodies Page 225
• GST Council is the constitutional body under Article 279A of the constitution.
• Article 279A was implemented through a presidential order that constituted the council.
• The GST has revolutionised indirect taxation in the country.
Major benefits:
• Economic integration
• Uniform tax structure
• Better allocation of resources
• Expanding the tax base
Composition of the council:
• Union Finance Minister as the Chairman
• Vice-Chairman is elected to from the members of the Staes. among themselves.
• Union Minister of State in charge of revenue or finance.
• The minister in charge of finance or taxation or any other minister nominated by the state
• All the decisions of the council are taken by 3/4th majority
• The Union Government has 1/3rd vote while states combined have 2/3rd votes together
The GST council performs the following tasks:
• Deciding over the merger of taxes, etc levied centre, state, or local bodies into GST.
• Threshold limit of turnover which can be exempted from GST, etc.
• Indirect taxes such as Aviation Turbine Fuel (ATF), Crude Oil and Products including CNG, liquor for human consumption, etc are not within the ambit
of GST.
• The states are reluctant to give these powers to GST council as these taxes are a major source of revenue in the state's indirect tax net
Comptroller and Auditor General of India
• It is provided under article 148.
• Dr. BR Ambedkar termed the office of C&AG shall be the most important officer under the Government.
• C & AG is the guardian of Public Purse.
•
He is not eligible for further employment after retirement.
• Removal in a manner similar to that of SC judge.
• Tenure - 6 years or 65 Years of age whichever is earlier.
• The certification of CAG is final w.r.t. to net proceeds ( Article 279).
• The office of CAG is a unitary feature.
• It is a powerful office. E.g.- Ex CAG revealed that Rs 1.76 lakh crore of “presumptive loss” to the exchequer in 2G allocation.
• C & AG is not eligible to be employed further under the Government of India after the relinquishment of the post of C & AG but he can take
constitutional posts.
• Major Functions :• Audits the expenditure from Consolidated Fund of India, Consolidate Fund of Each State and Union Territory with legislature, Contingency Fund of
India , Public Account Fund of India & of different States.
• Article 150 of the Indian Constitution provides for C & AG advising the President in the form the accounts of Union and States shall be kept.
• C & AG facilitates the accountability of the executive towards the Parliament in Sphere of Financial Administration.
National Commission for SC/ National Commission for ST ( Article 338 / Article 338 A )
• To look into the safeguards provided by the constitution.
• Created under articles 338 and 338 A respectively.
• Membership :-
• SC / ST Commission :• Chairperson , Vice Chairperson and three other members.
• Appointed by the President by his hand warrant and seal.
• The Conditions of service and tenure are determined by the President.
• They investigate and oversee the legal and constitutional safeguards for SC’s/ ST’s respectively.
• The National Commission for Scheduled Tribe also has additional functions such as safeguarding the rights of Tribal Communities , their
development , Livelihood measures etc.
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development , Livelihood measures etc.
•
The Central and State Governments also consult the commissions on matters related to SC’s and ST’S respectively.
• They also look into specific complaints.
• They have been bestowed with powers of a Civil Court with respect to Summoning, receiving evidence on Affidavit , production of documents etc.
• The reports of the commission are submitted to the president who places them before both the Houses of Parliament along with the action taken on
the recommendation and reasons of non-acceptance if any.
•
The reports of the commission are also forwarded to the governor who places before the respective legislature along with the action taken and
reasons of non-acceptance if any.
• Article 341- Presidential Order of Schedule caste (1950)
• Article 342- Presidential Order of Schedule Tribe (1956)
• Article 342A- Socially and Educationally Backward classes
National Commission for Backward Classes (Article 338B)
• 102nd Constitutional Amendment Act established National commission for other Backward Classes thus giving constitutional status to the body.
• The National OBC commission used to be a statutory body but the Act was repealed by Parliament.
• Composition: Chairman. Vice-Chairman, Three other members.
• Appointed by the President by his hand warrant and seal.
• The Conditions of service and tenure are determined by the President.
• They investigate and oversee the legal and constitutional safeguards for Other Backward Classes.
• They have been bestowed with powers of a Civil Court with respect to Summoning, receiving evidence on Affidavit , production of documents etc.
• The major function of the commission is to enquire into complaints with respect to the rights/safeguards of socially and educationally backward
classes.
• To enquire into complaints with respect to deprivation of rights of
•
The reports of the commission are submitted to the president who places them before both the Houses of Parliament along with the action taken on
the recommendation and reasons of non-acceptance if any.
•
The reports of the commission are also forwarded to the governor who places before the respective legislature along with the action taken and
reasons of non-acceptance if any.
STATUTORY BODIES
Lokpal:• Since we are a democratic country, corruption is against the spirit of democracy.
• It is a statutory body.
• It has powers of a civil court.
• Structure :-
• 1 chairperson and not more than 8 members.
• At least half of the members must have a judicial background and at least half should come from SC, ST minorities, women.
• The act also fixes the term 5 Years Tenure or 70 years of age for the chairman or Members.
• Jurisdiction :-
• The Prime Minister.
• Ministers.
• Members of Parliament.
• Group A , B , C , D officers and officials of Central Government.
• At least half would be Judicial Members.
• Collegium :-
• Prime Minister.
• Leader of Opposition in Lok Sabha.
• Chief Justice of India or a sitting judge nominated by CJI.
• Eminent Jurist.
• It can refer matter for Preliminary Enquiry and Investigation.
• Special Courts would set up for Trial.
• There will be Prosecution Wing and Enquiry Wing of Lokpal.
• The President shall place annual reports before both the houses of Parliament along with reasons for non-acceptance if any.
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• The President shall place annual reports before both the houses of Parliament along with reasons for non-acceptance if any.
CVC:•
•
•
•
•
•
•
Composition -:
Chairman + 2 Vigilance commissioners.
Tenure 4 years or till he attains the age of sixty-five years, whichever is earlier.
The committee to appoint CVC and VCs is very small when compared to Lokpal (PM, LoP in LS, and Union Home Minister)
The salaries and allowances are not charged upon CFI.
In cases of proved misbehaviour or incapacity, they can be removed after the inquiry by SC and it is not binding.
The CVC is a statutory body like that of Lokpal but Lokapal has a larger jurisdiction.
National Human Rights Commission (NHRC):• A statutory body established through the protection of the human rights act, 1993.
• Limitations
•
The commission can only inquire into violations of human rights that have taken place in the past year.
• The NHRC is a recommendatory and advisory body.
• It can only seek a report from the central government.
• Amendments in 2019:• Chairman can be SC Judge as well. Earlier, it was only CJI.
• Chairpersons of the National Commission of Backward Classes, the National Commission for Protection of Child Rights, and the Chief Commissioner
for Persons with Disabilities have also been added as ex officio members.
Central Information Commission:• The CIC was established under the provisions of the Right to Information act 2005.
• Composition:- CIC and not more than 10 Commissioners.
•
Collegium: PM, LOP ( LS) ( If not then Leader of Single Largest Party in Opposition), Union Cabinet Minister ( Nominated by the Prime Minister).
• The CIC is an appellate authority and also has suo-moto powers on reasonable grounds.
• The RTI Act amendment 2019 has made changes such as• Previously the CIC and IC used to hold office for 5 years which now will be decided by Central Government (RTI rules)
•
The salary, allowances, etc of CIC and ICs shall also be decided by the Central Government.
NITI AAYOG:• After independence, Planning Commission and National Development Council were established.
• It is an extra-constitutional, non-statutory body created by an executive resolution.
• It is premier policy think tank of the Government of India.
• Top-down (trickle-down approach)
•
Elements of cooperative federalism were missing from erstwhile Planning Commission.
• Fountain approach (bottom-up approach)
• States as equal partners in national building.
• Composition :• Chairperson :- Prime Minister of India.
• Members. :- Chief Ministers of all the states and Union Territories with legislature and Lt. Governors of other Union Territories.
• There is a provision for Regional Council for specific purposes chaired by chairperson of NITI Ayog or his nominee.
• There are three wings:• Research Wing, Consultancy Wing and Team India Wing.
• Major Objectives :-
• Promote Cooperative Federalism , Design Policy, Monitoring , Evaluation etc.
• Major Guiding Principles :• Antodya, Demographic Dividend, Governance , Inclusion , Sustainability etc.
• The two attached Offices are :• National Institute of Labour Economics Research and Development.
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• National Institute of Labour Economics Research and Development.
• Development Monitoring and Evolution Office.
Central Bureau of Investigation:• It is a Non Statutory Body.
• It mostly takes up cases on the request of state governments, the order of SC/HC, or the central government, or ordered by Supreme Court or High
Courts.
• Collegium- Prime Minister; Other members - Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme
Court Judge.
• Challenges
• Excessive political interference
• Lack of autonomy with respect to human resources, finances, etc.
• Delay in prosecution.
• In recent times, there also have been differences within the CBI.
•
Way forward• It would be better if it takes cases related to corruption only (it was the primary purpose of the formation of the CBI).
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Additional info by test series
04 February 2024
14:11
1. In champakam dorairanjan case SC opined that part 4 of constitution (DPSP) cannot abridge
the part 3 of constitution, and they run subsidiary to the fundamental rights. But
constitutional amendment by parliament can amend the Fundamental rights.
2. In India, a citizen by birth or by naturalization both can become President whereas, in USA only
a citizen by birth can become a president.
3. Various features lend from other constitutions
4. In India, here is no legislation , which govern the liability of the state for the torts (violation of
constitutional rights by the servants of the state) committed by its servants
5. When was Universal Adult Suffrage was granted
a. France:1944
b. Japan:1945
c. India:1950
d. USA: 1965
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Civil Services
About Civil Services
• Civil servants are permanent officials in the executive wing of governance.
• Genesis: The concept of a merit based modern Civil Service in India was
introduced in 1854 following Lord Macaulay’s Report,
•
• Post-independence: Civil Services, after Independence, have been
categorised into three types:
○ All India Services (common to both Centre & States): recruited and trained
by the Central Government, but, for work, they are assigned to different
States.
○ Central Services (for purely Central subjects) and
○ State Services (for administration of subjects under State jurisdiction).
• Role of Civil Servants in Governance
○ Continuity of governance: Being part of permanent executive Civil
servants ensure continuity in governance even when elected
governments change.
○ Interface between government and people: Civil servants act as the main
channel for communicating people's needs to the government and
implementing government policies on the ground.
○ Policy formulation: They provide necessary inputs, identify policy areas,
analyse alternatives, solutions to societal issues etc. and advice to the
ministers.
○ Cementing Indian democracy:
▪ Free and fair elections: Election Commission has played a pivotal role
in ensuring elections in India are free and fair. Reforms introduced by
former CEC T.N.Seshan is considered to be critical in reducing the
influence of money and muscle in election.
▪ Participative democracy: Example, in 1976, A.M. Gokhale introduced
the Village Development Board (VDB) in Nagaland for decentralised
grassroots planning and development.
▪ Inclusive democracy: Many civil servants have played critical role in
giving voice to voiceless. For example, in 2020, the Balangir district
administration launched ‘Sweekruti’ to integrate the transgender
community into mainstream activities and social security schemes.
○ Growth and development:
▪ Enforcing law and order: Peace is crucial for socio-economic
development of the country. Civil servants work towards addressing
social tensions, conflicts and thus create social unity and harmony.
□ For instance, Sanjukta Parashar (IPS officer), also known as Iron
Lady of Assam played a critical role on in tackling northeast
insurgency.
▪ Overcoming resource constraints: For example,
□ IAS officer Armstrong Pame, known as the Miracle Man of
Manipur, crowdfunded through social media to construct a 100
km road in 2012 without state financial aid. Now this road is also
known as “people’s road”.
□ Operation Sulaimani, pioneered by Prasanth Nair (former District
Collector of Kozhikode in Kerala), uses nameless donations from
the public to provide food with dignity. This facilitates in ensuring
Right to Food.
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Right to Food.
○ Career Diplomats: Civil servants represent their country in international
forums and play an important role in negotiating agreements, promoting
national interest, protecting friendly relations with other countries, etc.
○ Quasi- Judicial role: Civil servants serves on tribunals, like Telecom Disputes
Settlement and Appellate Tribunal, Cyber Appellate Tribunal etc.,
○ Delegated Legislation: The civil servants frame departmental legislation.
The legislature gives a broad outline of legislation and delegates to the
civil servants the power to make details of that legislation.
• Challenges associated with the functioning of civil services
○ Autonomy: Frequent transfer, political pressure and interference, and
need for approval from higher authorities, etc. compromises the
autonomy of civil servants.
○ Infrastructure: Many Indian cities, particularly rural areas, lack proper
infrastructure and resources, impacting effective implementation of
government programs and service delivery.
○ Red tapism: Complex bureaucratic procedures, hierarchical system in civil
services, make the decision process time consuming, slowing down the
progress and make it difficult to implement change in society.
○ Security: Civil servants and their family members are often exposed to risk
of violence, and threats from criminals or extremists.
▪ For example, Death threats to IAS officer, Tukaram Mundhe for
raiding illegal bars, demolishing encroachments and action against
land and water mafia.
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