Constitution

03 July 2013 22:04

Constituent Assembly - constituted in Nov 1946 as per cabinet mission plan -first parliament of free India First advocated by Sh. M.N.Roy in 1934, demanded by INC in 1935, principally accepted by British Govt in 1940 (August Offer) >> Cripps Proposal (rejected by Muslim League) >> Cabinet Mission. Dr. BR Ambedkar was chairman of Drafting Committee. Two functions : Make constitution & make ordinary laws (both on separate day) Composition : Strength = 389 ((296 British India + 93 Princely states ) - population basis. On withdrawal of members of Pakistan - 229 British India +70 PS British provinces - Seats to be further allocated between all communities in prop to population. Representative of each community is to be indirectly elected by members of that community in the provincial legislative assembly by prop rep by mean of single transf vote. ( MLAs were appointed under GOI Act, 1935 on basis of limited franchise on basis of tax, property, & education) Princely states - Nominated by head of states. Objective Resolution : read by JL Nehru on Dec 13, 1946 - Book Pg 2.2 - Its modified version forms the Preamble of the Constitution. Criticism : One party body, Lawyer-politician domination, Hindu domination

26th November 1949 - Constitution was passed . But the constitution come into force on 26th January 1950 (bcz on this day Lahore session of INC adopted resolution of Purna Swaraj)

Salient features

Articles Parts 395 450 22 24

Schedules 8 12

Secular character of Indian Constitution - Read pg 3.5 Imp articles, schedules & parts - pg 3.7 to 3.11

Preamble of India - as amended by 42nd Act - is a part of Constitution - SC IN Kesavananda Bharati case

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST (Democratic socialism and not communistic socialism i.e. mixed economy) SECULAR (Positive secularism) DEMOCRATIC REPUBLIC (Head of state is elected not monarchy and all public offices are open to all) and to secure to all its citizens: JUSTICE (taken from Russian revolution), social, economic and political; LIBERTY (taken from French revolution), of thought, expression, belief, faith and worship; EQUALITY (taken from French revolution)of status and of opportunity; and to promote among them all FRATERNITY (taken from French revolution) assuring the dignity of the individual and the unity and integrity of the Nation

Devices of Direct Democracy - Referendum, Initiative, Recall and Plebiscite (Read Pg. 4.6)

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Fundamental Rights Part- III, Article 12-35, Derived from USA (Bill of Rights) - EF ER CCR
24 March 2013 17:23

Features

They are justiciable i.e. if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights. They are not absolute but qualified - balance between individual liberty and social control. Against State action v/s action of all -state & pvt individual. If rights are available against state only and is violated by pvt individual, there are no constitutional remedies but only ordinary legal remedies. Can be suspended in national emergency except article 21-22. Art 19 only in case of EXTERNAL AGGRESSION. Article 12 defines State for Part- III. e.g. IOC will also fall within this definition I.E. ALL INSTRUMENTS OF STATE
Art 13 - All inconsistent law (incl ordinances, regulations , customs etc) - Void by Doctrine of Judicial review i.e. on SC (Art 32) & HC (Art 226). Constitutional amendment not a law. Kesavananda Bharati case (1973) - Principle of basic structure.

Sl. No.

Fundamental Right

Article

Diff

Remarks

Right to Equality 14-18

Article 14

Provision Equality before law and equal protection before laws Both

Exceptions / Remarks Immunity to P, G, MP, MLA, Diplomats, Ambassadors, UN Article 31-C an exception

15

1. Prohibition of discrimination on Citizens State can make special provisions for : Women and children ground of ONLY: Religion, Race, Caste, Sex, Advancement of any SOCIALLY AND EDUCATIONALLY Place of Birth, RESIDENCE BACKWARD classes of citizens or for SC and ST. (Against state) (General) Specific - for their admission to educational institutions 2. No Citizen shall be subjected to incl pvt institutions whether or not aided by state any disability, liability, except minority educational institutions. (93rd CA Act, restriction or condition on 2005) grounds ONLY of RRCSP with (Creamy Layer - of parents - 6 lacs) regard to : Access to shops, public restaurants, hotels and places of public entertainment the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly by State funds or dedicated to the use of General public. (Against BOTH pvt individuals and STATE)

16

Equal opp in public emp (No Citizens discrimination on ground of ONLY Religion, Race, Caste, Sex, Place of Birth, Place of Residence)

Parliament can prescribe residence as a condition for certain employment Certain religious office for particular religion only
16(4) : State can provide for reservation of appointments or posts in favor of any backward class that is not adequately represented in the state services. (Non creamy layer only, max 50% in a year - SC in Mandal case, 1992). National Commission for backward classes - statutory body - consider inclusion & exclusion of castes for reservation.

16(4A) : State is empowered to provide for reservations in promotion, with consequential seniority in favor of SC/ ST that are not adequately represented in the state services. (117th Amendment Bill, 2012) : Below 16(4B) : State is empowered to consider the unfilled reserved vacancies of a year as a separate class to be filled in succeeding years and not to be combined within ceiling of 50%. It ends 50% ceiling on backlog vacancies.
17 Abolition of Untouchability (Madras HC- This article refers to the social disabilities imposed on certain classes of persons by Both Protection of Civil Rights Act, 1955 - Civil Rights mean any right accruing to a person by abolition of untouchability by Article 17. A person convicted of offense is disqualified for election as MP / MLA.

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certain classes of persons by reason of their birth in certain castes).

18 Abolition of Titles Both

for election as MP / MLA.

SC - Article prohibits only heredity titles of nobility. Merit titles are valid but do not use it as prefix or suffixes.

Right to Freedom

19-22

19

Freedom of speech and expression To assemble peacefully and without arms To form associations or unions To move freely throughout the territory of India To reside and settle in any part of territory of India To practice any profession / occupation /trade/ business

Citizens Article 19 can be suspended only in case of extenal emergency.

Does not include right to strike/ lockout and can be controlled by app industrial law

20

Protection in Respect of Conviction for An Offence only for conviction & not against trials

Both

No ex-post-facto law (only for criminal laws and not for civil or tax laws)(NA in case of preventive detention) No double jeopardy( only in court or tribunal) No self incrimination (only for criminal laws and not for civil laws)

21

Protection of Life and Personal Liberty except according to procedure established by law - SC in Menaka case - for both against arbitrary executive and legislative actions - thus "due process of law" as contained in American Constitution. Read pg 7.13
Right to free and compulsory education betwn 6-14 yrs

Both

Cannot be suspended in national emergency.

21A

22

Prevention against Arbitrary Arrest and Detention Pg 7.14

Both

Cannot be suspended in national emergency.

Right against exploitation

23-24

23
24

Prohibition of all forms of forced labour as well as traffic in human beings

Prohibition of employment of children in any factory etc

Both
Both

Right to freedom of religion

25-28

Cultural and educational rights Right to Property Right to Constitutional Remedies

29-30

Only available to Citizens

6 7

31 32 0

Deleted by C.A. 44th in 1978 - made a right under Article 300-A in part XII.

Article 16(4A) :

The Supreme Court judgments in the Nagaraj case , 2006 and subsequent cases that have a bearing on reservation in promotion for the S.Cs and S.Ts have held that, a. The right to equality under Article 16(1) is the fundamental right of every citizen; but Clauses (4) and (4A) of Article 16 d o not confer a fundamental right on the classes for whom reservation is provided or is sought to be provided. It is also discretionary and the S.Cs and S.Ts cannot claim reservation in promotion as a fundamental right as it is a matter of the states discretion. b. If the state considers it necessary to provide reservation, including reservation in promotion, it must show by data that the following conditions for exercising the discretion exist: Compelling reasons; Backwardness; Inadequate representation in the services. c. The court has also laid down the following conditions: Exclusion of creamy layer; Efficiency of administration required by Article 335 should not be compromised; 50 per cent limit should not be breached; and Reservation should not be extended indefinitely.
To nullify judgment, Art 16 (4A) is to be amended by CA 117th Amendment Bill, 2012 :

(4A) Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in the services of the State..

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the services of the State..

Article 19 - reasonable restrictions Freedom of : Sovereignty & integrity of India Speech & expression Y Security of the state Friendly relations Public with foreign Order states Y Y Decency or morality Contempt of court Defamati Incitemen Interest of the Interest on t General Public of ST to an offence Y Y

Assembly Movement Residence Profession

Y Y Y Y Y Y Y Y

Association Y

Preventive Detention - Article 22 Legislative power : Divided between P and SL.

P - exclusive authority on - DEFENSE, FOREIGN AFFAIRS, SECURITY OF INDIA P & SL - concurrent power - SECURITY OF STATE , MAINTENANCE OF PUBLIC ORDER. MAINTENANCE OF ESSENTIAL SUPPLY/ SERVICES

Protections available to DETENU : a. Max 3 months detention , after that only on basis of report of advisory Board which shows sufficient cause for extension. The Board is to constitute judges of HC. b. Ground of detention is to be communicated except when matter is of public interest c. Opp to make representation against detention order. Parliament is empowered to specify : a. the circumstance and the classes of cases in which a person can be detained for > 3 months without advisory board report. b. max period of detention in any classes of cases c. procedure to be followed by advisory Board for enquiry

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Centre-State Relations
24 June 2013 15:01

Legislative Relations 1. Territorial Extent of legislation The Parliament can only make EXTRA-TERRITORIAL legislation. Eg. Laws of parliament are also applicable on the property in nay part of the world of Indian Citizens. However, laws of parliament are not applicable in following cases : 4 UT - A & N island, Lakshadweep, D & N haveli , D & Diu - President can make regulation for peace, progress & good governance. This regulation can repeal or amend any parliament Act. Assam - Governor may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS of Assam Meghalaya, Tripura & Mizoram - President may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS of these states Governor may direct an Act of Parliament may not apply or apply with modification to a SCHEDULED AREA in the state.

2. Legislative Subjects 42nd amendment - 5 subjects t/f from state list to concurrent list Education Forests Protection of wild animals and birds Weight and measures Administration of justice; constitution and organisation of all courts except HC & SC In case of overlapping : Union List > Concurrent List > State List Concurrent List : Union Law > State Law (Exception : If the state law has been reserved for P and has recd his assent, then the state law prevails in that state. However, Union law can override by subsequent legislation) Any law on concurrent subject is to be executed by states even if law is enacted by parliament except where the constitution or the parliament directs otherwise. 3. Parliament legislation in state field RS passes resolution by 2/3rd majority of members present & voting Law become inoperative on expiry of 6 mnths after resolution that it is in national interest. Such resolution validity is 1 yr , renew it ceases. State can also frame law but union law will prevail in any no of times for 1 yr. case of inconsistency. National Emergency Law become inoperative on expiry of 6 mnths after emergency ceases. State can also frame law but union law will prevail in case of inconsistency. MLA CANNOT make law on that subject (surrender of power)

MLA of 2 or more state make request, then union law will apply to these states only. Other states may later adopt. To implement international agreement During President Rule

Such law remain in force even after P rule. It has to be repealed or altered or re-enacted by MLAs.

4. Centre control over State legislation a. Bills on certain matters enumerated in state list can only be introduced in SL only with the previous sanction of P. b. P can direct the states to reserve money and other financial bills passed by SL for his consideration during FINANCIAL emergency.

Administrative Relations The executive power of the state is to be exercised in such a way : a. As to ensure compliance with the laws made by the parliament b. As not to impede or prejudice the exercise of executive power of the centre in the state. The centre can give such directions as may be necessary or this purpose. Article 365 : State fail to comply - P can hold that situation has arisen in which govt of state cannot be carried on in accordance with the constitution i.e. President Rule. Read Pg 13.5 INTER GOVT DELEGATION OF EXECUTIVE FUNCTIONS -with or without conditions 1 2 With Consent With Consent Centre >> State By President State >> Centre By Governor

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2 3

With Consent

State >> Centre

By Governor

Without Consent Centre >> State By Parliament

Relations during emergencies Centre can give executive directions to state on ANY matter. President Rule : P assume entire functions of state govt and governor Financial emergency : P can direct reduction in salaries of person serving in the state and HC judges

Financial Relations State can impose tax in respect of any water or electricity stored, generated. Consumed, distributed or sold by any authority established by parliament for regulating or developing any inter-state river or river valley. But such law should be reserved for the P consideration and his assent.
Levied

Collected Sharing State State State Assigned to that state Appropriated between Union & state as determined by parliament Assigned to concerned states as per principle laid down by parliament Determined by President on recommendation of Finance commission Centre State

1 2 3 4 5 6 Grants:

Stamp Duty Union Ex duty on medicinal & toilet prep Service tax CST Other Surcharge on 3 & 4 above State Union Union

Centre Centre State

Statutory Grants : To state which are in need of financial assistance and not to every state . Charged to CFI . There can be specific grants also. On recommendation of Finance Commission. Discretionary Grants : On recommendation of Planning commission.

Effects of emergencies: National Emergency : P can modify revenue distribution. Effect till end of FY in which emergency ceases. Financial Emergency : Centre can give direction to states :(i) to observe financial propriety (ii) reduce salary (iii) reserve all money & other financial bill for P.

Protection of state interest Following bills can be introduced in Parliament only on recommendation of President : a. b. c. d. Bill imposing or varying tax in which state are interested (i.e. jis tax ka paisa state ko milta hai) Bill which vary the meaning of Agricultural Income for IT purpose Bill which affect principle on which money are distributable to states Bill imposing surcharge on any specified tax for the purpose of Centre.

Borrowing Powers Taken by CG a. SG SG From whom Within & Outside India Limit Within limit fixed by parliament ( no such law framed) Security Security : CFI Security : CF of state Nature Borrow or give Guarantees Borrow or give Guarantees Loan to SG or give gurantee in respect of loan raised by SG

Within India ONLY Within limit fixed by SL CG Charged to CFI

SG cannot raise loan without consent of centre if there is still o/s any part of loan made to SG by CG or in respect of guarantee.

INTER-STATE WATER DISPUTES (ARTICLE 262) The River Boards Act : for the regulation and development of inter-state water. RB is established by CG on requests of states. So far, NIL constituted The Inter State Water Disputes Act : CG to setup ADHOC tribunal. The decision of tribunal is final & binding. No court to have jurisdiction.

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 Draft River Basin Management Bill (26/06/2013) : To amend the River Boards Act. The draft legislation seeks to create a mechanism for integrated planning, development and management of water resources of a river basin. The bill proposes to set up river basin authoritie s for Brahamani-Baitarini basin, Cauvery basin, Ganga basin, Godavari basin, Indus basin, Krishna basin, Mahanadi basin, Mahi basin, Narmada basin, Pen nar basin, Subarnreakha basin and Tapi basin .

INTER-STATE WATER DISPUTES COUNCILS (ARTICLE 263) On recommendation of the Sarkaria Commission. Set up in 1990. Recommendatory Body. Meeting atleast 3 times in a year. Members : PM CMs of all states CM of UT having LA Administrators of UT not having LA 6 Union cabinet ministers incl Union Minister to be nominated by PM.

INTER-STATE TRADE & COMMERCE

Trade can be restricted as follows : Parliament can in Public interest but no discrimination between states except in case of scarcity of goods SL can impose reasonable restriction with previous sanction of P. No preference or discrimination. SL can impose tax on goods imported from other state to which similar goods in that state are subjected. But no discriminatory taxing. Subject to Nationalisation laws i.e. law by parl or SL to carry business by govt to exclusion of citizens, partial or complete.

ZONAL COUNCILS
Statutory Body - States Reorganisation Act, 1956 - 5 zones Members Union Home Minister (Common chairman of all 5 councils) CM of all states in zone (Vice chairman by rotation - 1 yr each) Two other minister of such states Administrator of UT

Advisors without right to vote :

Person nominated by the Planning Commission Chief secretary of the govt of each state in the zone Development commissioner of each state in the zone

North Eastern Council is also a statutory body.

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Articles
26 March 2013 12:54

Part

Title

Article

XI & XII Relationship between the Union and the States

Legislative Territorial Extent : - Centre- whole of India exception : If President passes regulation for 4 UT - And & Nic, Lakshwdeep, D & N Haveli, Damn & Diu or it repeal / amend any Act of Function parlianment for these 4 UT. (245-255) Governor direct - for Scheduled Area in his state Legislative - XI Governor of Assam direct- Tribal Area Administrative President direct - Tribal areas of Meghalaya, Tripura and Mizoram - XI Financial - XII Distribution of Subjects: Union List > Concurrent List > State List Concurrent List : Central Law > State Law Exception : If state law has received president assent.

Parliament legislation on state field :- In 5 extraordinary circumstances : Rajya Sabha resolves by 2/3rd majority of members present & voting - resolution effective for 1 yr - Law made to cease to be enforceable after 6 month the resolution cease to be in force - State can also make law but in case of inconsistency, parlainment law prevail. National Emergency - Law made to cease to be enforceable after 6 month the emergency cease to be in force - State can also make law but in case of inconsistency, parlainment law prevail. Surrender of power by MLAs on any subject : When 2 or more states make request. Law apply to their states.MLAs can no longer make law on that subject. International Agreements During President Rule - Law remains in force even after P. Rule. Such law has to be repealed or altered by MLAs.
Centre's control on State legislation: Governor can reserve certain bill for president assent. Certain bill to be introduced only with previous sanction of the president. President can direct to reserve money bills aand other financial bills for his consideration during financial emergency. Administra A law on the concurrent subject enacted by the parlianment, is executed by the states except when the constitution / Parliament directs tive otherwise. function The state has to exercise its excecutive power so as not to impede or prejidice the exercise of executive power of the centrein the state. Centre can give direction for this purpose and 4 other matters. Sec 365 : If state fail to comply --> situation for president rule. (256-263) Mutual delegation : By President with consent of state govt --> entrust executive function of centre to such state govt Similarly governor with consent of centre --> entrust executive function of state govt to central govt Delegation by Parlianment - law on union subject to be administerd by state - no consent of state required.. Similar power NOT available to MLAs.

Financial functions (268-293)

Tax revenues : Normally it is distributed between centre and states in manner prescribed by president on recommendation of the Finance Commission. Non Tax revenues : Sl.No.
1 2

Statutory Grants
Article 275

Discretionary Grants
Article 282

To states : 1. To help states to achieve their plan targets a. Which are in need of financial assistance (General) 2. To influence state action to effectuate the national plan. b. For promoting the welfare of scheduled tribes in a state c. For raising the level of administration of the scheduled area in a state incl Assam. Charged to Consolidated Fund of India every year May be general / specific On recommendation of Finance Commission Planning Commission

3 4 5

Borrowing Centre : Obtain loan from within / outside India on security of CFI or can give guarantee within limit fixed by MPs. State : Obtain loan from within India on security of CFS or can give guarantee within limit fixed by MLAs. powers Giving of Centre : Yes State : With consent of centre, if there is o/s any loan/ guarantee made to the state by the centre loan or guarantees to state Effect of 1. National emergency : President can modify pattern of distribution of revenue between centre and states emergency 2. Financial emergency : Centre can instruct : a. to reserve all money and other financial bill of consideration of president.

XX

Amendment of the Constitution

368

Amendment of the Constitution ( Certain other provisions also provides 1. Introduce Bill in either house of Parliament by a Minister / Pvt. for amendment but they are not covered u/a 368 - thus only simple Member. 2. Prior permission of President is not required majority is reqd in those cases) 3. Special Majority required i.e. >50% of total member (irrespective of vacancies or absentees) AND >2/3 of members present and voting. 4. Must be passed in BOTH house separately. No provision of joint sitting. 5. President assent - President MUST give assent (only option for him). a. If bill seek to amend federal structure - to be ratified by state legislatures of half of the states by SIMPLE majority (>50% present and voting)

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Executives
15 June 2013 23:05

President
Electoral College - Elected MP, MLA (states + UT of Delhi & Puducherry) Qualification - Citizen + 35 yrs + Qualified to be MP of Lok Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state minister not deemed to be OOP) + 50 proposers & 50 seconders + 15000 Rs. President enjoys personal immunity from legal liability for his official acts. Personal Acts : (Same for Governor) Immune from CRIMINAL proceedings. Cannot be arrested or imprisoned CIVIL proceedings : give advance 2 months notice Impeachment : Impeachment Bill to be passed by 2/3rd majority in both houses or parliament Office VACANT due to death, resign, impeachment, election void etc : Conduct election in 6 months Acting President : VP --> CJI --> Seniormost judge of SC Can make regulation for the peace, progress and good government of A & N islands, Lakshadweep , Dadra and nagar Haveli , Dama n and diu. Also for Puducheery when assembly is suspended or dissolved. Not for Delhi & Chandigarh. The president is bound by the advise of the ministers. He can do nothing contrary to their advise nor he can do anything without their advise. However after 44th const amendment , the president can require the council of ministers to reconsider the advise. However he SHALL act in accordance with the advice tendered after such reconsideration. He can act in his own discretion only in following situations : Appointment of PM when no party has clear majority When PM in office dies suddenly and there is no obvious successor Dismissal of council of minister (COM) when it cannot prove confidence of Lok Sabha Dissolution of Lok Sabha if the COM has lost its majority

The Governor is bound to reserve the bill for the consideration of president when the bill endangers the position of the state high court. The SC has held that wherever the constitution require the satisfaction of the president, it is the satisfaction of the counc il of ministers and not the personal satisfaction of the President. He summon the joint sitting of both houses of the Parliament. The Budget is to be passed within 75 days.

Powers of President
1. VETO POWER (No VETO power in respect of Constitution Amendment Bills) Absolute VETO : w/h his assent to a bill passed by the parliament (i.e. reject) Suspensive VETO : Return a bill for re-consideration. Cannot return a money bill (can give or w/h assent only) If passed again, will have to give his assent. Parliament can override VETO power of president. Pocket VETO : DO nothing - keep it pending for an indefinite period Qualified VETO : Bill re-passed by higher majority by parliament - not required in Indian context. The power can be exercised for bills of state legislature also. However, State legislature CANNOT override the VETO power of president. The president cannot return a money bill for the reconsideration of MP or MLA (when bill is reserved by governor). 2. Ordinance making power - Conditions : Only on the advise of council of ministers Cannot be issued to amend the constitution Any 1 house of parliament is not in session Existence of circumstance as to render necessary to take immediate action. President's satisfaction can be justiciable on ground of malafide Co-extensive with power of parliament i.e. issue ordinance on matter in which parliament can legislate and within constitutional limit Approve by parliament within of its re-assembly

3. Pardoning power : a. Pardon : Remove sentence and the conviction - In case of death sentence under Union or court martial law. Only president can pardon death sentence even under state law. The power is to be exercised on the advise of the union cabinet. b. Commutation : Substitution of one form with a lighter form c. Remission : reducing the period of sentence without changing its character d. Respite : awarding a lesser sentence due to some special fact e.g. physical disability e. Reprieve : stay on execution for a temporary period 4. Nomination power : Rajya Sabha : 12 MP from person having special knowledge ; Lok Sabha : 2 MP- form anglo Indian community Governor : LA : 1 MLA- form anglo Indian community ; LC : 1/6th members having special knowledge

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Governor
The Governor can :
He can at time act in his own discretion while a president CANNOT. The decision of the Governor regarding whether a matter fa lls within his discretion is final and validity of it cannot be challenged. In following cases he has discretion (apart from situational discretion same as president) : Reserving a bill for president Recommending for imposing president rule Exercising power as administrator of adjoining UT. Seeking info from CM regarding administrative ad legislative matters of the state Determining the royalty payable by Govt of Assam, Meghalaya, Tripura and mizoram to Tribal district council for mineral exploraiton

Ministerial advise are not binding on the governor but are binding on the President.

Vice President
Electoral College - Elected & Nominated MP, MLA Qualification - Citizen + 35 yrs + Qualified to be MP of Rajya Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state minister not deemed to be OOP) + 20 proposers & 20 seconders + 15000 Rs Doubt / dispute in election of VP / President - Inquiry by SC When he acts as president, his function in Rajya Sabha is performed by Deputy Chairman of Rajya Sabha.

Prime Minister
The resignation / death of an incumbent PM automatically dissolves the council of ministers . He is the principal channel of communication between the President and the council of ministers.

Union Council of Ministers

A minister has the right to speak and to take part in the proceedings of BOTH houses but he has right to vote in the house in which he is a member. When the Lok Sabha passes the no confidence motion, all minister incl those in Rajya Sabha has to resign. The resignation of the PM amounts to resignation of the entire COM. All ministers has collective responsibility i.e. they should stand by cabinet decisions and support them both within and outs ide the Parliament otherwise he must resign.

State Council of Ministers

There shall be a Minister in charge of Tribal welfare who may in addition be in charge of the welfare of the SC and BC or any other work in the states of JHARKHAND, MP, CHHATTISGARH & ORISSA. Satisfaction of Governor = Satisfaction of Council of Ministers

Individual privileges of MP
Cannot be arrested when house is in session and also 40 days before the beginning and 40 days after the end of session IN CIVIL CASES. And not in case of criminal cases and preventive detention. Freedom of speech in Parliament Exempted from jury service when parliament is in session.

Oath of Affirmation
Sl. No. Appointee 1 2 President Governor Administered by Chief Justice of India Chief Justice of concerned high court or senior most judge

3
4 5 6

VP
PM CM Council of Ministers

President
President Governor President

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6 7

Council of Ministers MP

President President

8
9 10 11 12

Speaker/ Deputy Speaker of Lok Does not subscribe to any oath Sabha
SC judge HC Judge State Council of Ministers MLA President Governor Governor Governor

Mode of Appointment Sl. No. Person 1 President Who appoints ? Electoral College Qualification Condition of service & tenure of office

Citizen + 35 yrs + Qualified to be MP Emoluments decided by Parliament of Lok Sabha + No office of Profit For 5 years. No condition of max age. Beyond 5 years, till successor takes OOP (Post of President, VP, Governor, Union minister not deemed to be charge - VP doesnot takes charge (normally election to be held before OOP) expiry of term) Also eligible for re-election Resignation letter to VP. 35 yrs + Citizen of India + should not be MP/ MLA (automatically vacate post) Emoluments decided by Parliament For 5 years (subject to pleasure of the president - non justiciable) . No condition of max age. Beyond 5 years, till successor takes charge. Also eligible for re-election Resignation letter to President.

Governor

President (to enable the centre to maintain its control over the states)

Vice President

Electoral College

Citizen + 35 yrs + Qualified to be MP For 5 years. No condition of max age. of Rajya Sabha + No office of Profit Beyond 5 years, till successor takes OOP (Post of President, VP, Governor, charge Union minister not deemed to be Also eligible for re-election OOP) Resignation letter to President.
Leader of the majority party in Lok Sabha. When no clear majority, president use its discretion and ask PM and ask him to seek a vote of confidence within 1 month. Majority is to be proved after appointment within a reasonable period Has to be a member of either house of parliament Same On the advise of PM Total no = max 15% of the total strength of Lok Sabha Shall not be disqualified on ground of defection Shall become MP of either house within 6 months Same Salary / allowances determined by parliament

Prime Minister

President

5 6

Chief Minister Council of Ministers

Governor President

State Council of Ministers

Governor

On advise of CM Salary / allowances determined by MLA Total no = 15% incl CM. Min no = 12 Shall not be disqualified on ground of defection Shall become MLA of either house within 6 months

Procedure of Removal Sl. No. Person Who can remove ? Condition

1. President (process known as

Impeachment bill passed with 2/3rd majority of total membership in both houses of the Parliament
Process :

Violation of the constitution

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impeachment)

Process : Initiation of impeachment proceeding by either house of parliament by 1/4th members of the house 14 days notice to the president 2/3rd majority (of the total membership of the house) bill passed in one house then sent to other which will investigate charge and pass bill with 2/3rd majority President stands removed from office from the date on which bill was passed.

VP

Resolution in Rajya Sabha by ABSOLUTE majority and agreed to by the Lok Sabha by a SIMPLE majority. 14 days advance notice is reqd President when he loses the confidence of the Lok sabha - he must resign or the president can dismiss him

No grounds specified

PM

4
5

Any Minister

President on advise of PM

Generally, in case of diff of opinion or dissatisfaction with performance

Lok Sabha MP - by resolution passed by a ABSOLUTE majority of all the members of LS Speaker / Deputy advance 14 days notice. During this process, he cannot preside the house. Speaker of LS/ RS Motion to be supported by at least 50 members. / LA / LC Chairman of RS Remove him as VP

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Judiciary
15 June 2013 21:53

Particulars Organization Appointment

Supreme Court 1 CJ + 30 Judges By President after consultation with such judges of the SC & HC as he deems necessary. Consultation with CJ is also obligatory

High Court 1 CJ and other judges as president may determine CJ : appointed by president after consultation with the CJI and governor. Other : President + CJI + Governor + CJ of that HC

Chief Justice
Qualification of Judge Tenure of Judges

(THIRD JUDGE CASE : CJI should consult four seniormost judges (THIRD JUDGE CASE : CJI should consult two very senior judges of of the SC) the SC)
Citizen + HC judge for 5 yr or HC advocate for 10 yr or an eminent jurist in opinion of president Upto 65 yrs (any question on age to be decided by such authority as specified by Parliament) Citizen + Judicial office for 10 yrs OR HC advocate for 10 years Upto 62 years (question on age is to be decided by president after consultation with CJI and decision of P is final)

Removal of Judge

By president on recommendation of Parliament on ground of proved misbehaviour or incapacity

Process as per The Judges Enquiry Act, 1968 : Removal motion signed by 100 MP of LS or 50 MP of RS to chairman / speaker who may admit / refuse it He constitute 3 member committee - (a) CJ or judge of SC, (b) CJ of HC ( c) a distinguished jurist Committee find judge guilty of misbehavior or suffering from incapacity, then house can take up motion Passing of motion by each house by SPECIAL majority Address is presented to president for removal who then passes the order

SAME procedure

Salaries etc

Determined by parliament which cannot be varied except in case of financial emergency

SAME Addl Judge : Appointed by PRESIDENT for max 2 yrs (or 62 yrs) when there is temporary increase in business or arrear of work
Acting Judge : in place of Other judge (Not for CJ) when :(max 62 yrs) : (a) he is unable to perform his duties due to absence or otherwise (b) he is appointed to act as CJ

Adhoc / Additional / Acting ADHOC JUDGE : When there is lack of quorum of the Judges of Judge the Supreme court available to hold or continue any session of the Court, the CJI may appoint judge of HC as judge of SC for temporary period. Condition a. After consultation with CJ of concerned HC and previous consent of president b. Judge appointed shall be qualified to be a SC judge Retired Judge CJI can request to retired SC judge or retired HC judge (who is qualified to be SC judge) to act for temporary period
Condition

CJ of that HC can request to retired HC judge of any state to act for temporary period
Condition

a. Previous consent of president and consent of person concerned b. He will have all jurisdiction power ,privilege but he will not be deemed to be judge of SC Expenses charged Conduct of judges Ban on practice after retirement
Writ jurisdiction

a. Previous consent of president and consent of person concerned b. He will have all jurisdiction power ,privilege but he will not be deemed to be judge of HC. Charged to CF of that state. Pension are charged to CFI.

Salary etc are charged on the CFI

Cannot be discussed in parliament or state legislature except on SAME impeachment motion Yes
Only for enforcement of fundamental rights . Parliament can confer addl power to SC

YES
For any purpose even for enforcement of ordinary legal rights. CAN issue writ to any person, authority of govt not only within its territorial Jurisdiction(TJ) but also outside its TJ if the cause of action arises within its TJ.

Civil matters

Only on Substantial Question of law & if HC certifies on appeal against judgment of HC

First appeal :
Order or judgment of District courts, addl district courts and other subordinate court lie directly to HC on both ques of law & fact, of the amount exceed a specified limit

Second appeal : Only on ques of law Intra Court appeal : between Calcutta, Bombay & Madras HC Jurisdiction on criminal matters If the HC : Has on appeal REVERSED the ACQUITTAL (non guilty) of accused and sentenced him to death or life imp or for 10 yrs Has taken before itself any case from any subordinate court and convicted the accused and sentenced him to death or life imp or for 10 yrs

Articles and brief provisions Page 1

 Certifies it for SC

Contempt of Court

It has power to punish by : Simple jail upto 6 mnths Fine upto Rs 2000 Or both For contempt of any court in INDIA.

Other power

Original exclusive jurisdiction for dispute in election of P/ VP It is a self correcting agency i.e. it can review its own judgement or order. Senior Advocates : Designated by SC or any HC. They have to appear along with ADVOCATE ON RECORD in SC or any other junior in any other court or tribunal in India. CANNOT draw pleadings or affidavit, advise on evidence or any drafting work etc. Advocates-on-record : Only these advocates CAN FILE DOCUMENTS before the SC. They can also appear & argue.
Other Advocates : They are registered on the roll of any state bar council and can appear and argue matters in SC on behalf of any party BUT CANNOT FILE ANY DOCUMENT OR MATTER before the Court.

HC can also review its own decision . However there is no such provision in constitution

Advocates

Transfer of Judges

From one HC to another by President after consultation with CJI. Third Judge case : CJI should consult 4 seniormost judges of SC and CJ of both HC. Parliament cannot curtail but can extend As far it is specified in constitution, it cannot be curtailed. If not mentioned, can be change by both Parliament & state legislature.

Jurisdiction

Special Powers

1. It can authorize the Parliament to make a law on state subject. 2. It can authorize to create new All India Services common to both the state and centre.

The collegium controversy

What is the collegium system? It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution.

What does the Constitution actually prescribe? Article 124 deals with the appointment of Supreme Court judges. It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may de em necessary. The CJI is to be consulted in all appointments, except his or her own.
Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted. How and when did the other system evolve? The collegium system has its genesis in a series of three judgments that is now clubbed together as the "Three Judges Cases". First Judge case : The S P Gupta case (December 30, 1981) is called the "First Judges Case". It declared that the "primacy" of the CJI's recommendation to the President can be refused for "cogent reasons". This brought a paradigm shift in favour of the executive having primacy over the judiciary in judicial appointments for the next 12 years. Second Judge case : In 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association vs Union of India case the "Second Judges Case". This was what ushered in the collegium system. The majority verdict written by Justice J S Verma sa id "justiciability" and "primacy" required that the CJI be given the "primal" role in such appointments. It overturned the S P Gupta judgment, saying "the role of the CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter. Here the word 'consultation' would shrink in a mini form. Should the executive have an equal role and be in divergence of many a proposal, germs of indiscipline would grow in the judiciary." Presidential reference : In 1998, President K R Narayanan issued a presidential reference to the Supreme Court as to what the term "consultation" really means in Articles 124, 217 and 222 (transfer of HC judges) of the Constitution. The question was if the term "consultation" requires consultation with a number of judges in forming the CJI's opinion, or whether the sole opinion of the CJI constituted the meaning of the articles. In reply, the Supreme Court laid down nine guidelines for the functioning of the coram for appointments/transfers; this came to be the present form of the collegium (see box). Third Judge case : Besides, a judgment dated October 28, 1998, written by Justice S P Bharucha at the head of the nine-judge bench, used the opportunity to strongly reinforce the concept of "primacy" of the highest judiciary over the executive. This was the "Third Judges Case". SC guidelines on appointments The term "consultation" with the Chief Justice of India in Articles 124 (2), 217(1) and 222 (1) requires consultation with a plurality of judges in the

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 formation of the opinion of the CJI. The sole, individual opinion of the CJI does not constitute consultation.

The CJI can only make a recommendation to appoint a judge of the Supreme Court and to transfer a Chief Justice or puisne judg e of a High Court in consultation with the four senior-most judges of the Supreme Court. As far as the High Courts are concerned, the recommendation must be made in consultation with the two senior-most judges of the Supreme Court.
The CJI is obliged to comply with the norms and the requirement of the consultation process in making his recommendations. Recommendations by the CJI without [such compliance] are not binding upon the government.

The transfer of High Court judges is judicially reviewable only if the CJI took the decision without consulting the other four judges in the Supreme Court collegium, or if the views of the Chief Justices of both High Courts [involved in the transfer] are not obtained.
The CJI is not entitled to act solely in his individual capacity, without consultation with other judges of the Supreme Court, in respect of materials and information conveyed by the Government for non-appointment of a judge recommended for appointment. The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or transfer of a puisne judge. The consultation need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court .

What moves were taken to correct these? The Law Commission in its 214th Report on 'Proposal for Reconsideration of Judges cases I, II and III' recommended two solutions:

* To seek a reconsideration of the three judgments before the Supreme Court.

* A law to restore the primacy of the Chief Justice of India and the power of the executive to make appointments.

What is the suggested alternative to the collegium?

A Judicial Appointment Commission - the Commission is likely to consist of seven members the Chief Justice of India and two senior-most judges of the Supreme Court, the Law Minister, two eminent jurists nominated by the President, and the Leader of the Oppositi on. The commission would decide the appointment and transfer of judges and probe cases of misconduct by judges, including those from the highest judiciary.
The present proposal will require a constitutional amendment.

Presidential Reference u/A 143

In 2 cases : On ques of law or fact of PUBLIC IMPORTANCE SC may tender or REFUSE to give opinion

On any PRE-CONSTITUTION treaty, agreement etc SC MUST tender its opinion

Opinion given by SC is advisory in nature and not a judicial pronouncement and hence not binding on president

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Legislatures
16 June 2013 21:18

Particulars

Rajya Sabha

Lok Sabha

Composition
Allocation

Max 250 members = 238 Elected + 12 Nominated

Max 552 members = 530 states + 20 UT + 2 Anglo Indian (nominated)

On basis of population from each state & UT. However, only By Delimitation Commission Delhi & Puducherry have representation. Other UT population is negligible to have UT By proportional representation by mean of single transferable vote Electorate : Elected MLA By direct election

Election

Duration

Permanent Body not subject to dissolution - 1/3rd member retire in every 2 years - members are eligible for re-election & re-nomination

Normal = 5 years from the date of its first meeting after the election. Period can extended during national emergency by a law of parliament for 1 yr at a time for any length of time. But upto max 6 mnths after emergency ceases.

Term of office

6 years

Qualification
Quorum Leader of the House (under rules of the house) Demand for grants

Citizen + Min 30 years + Elector

1/10th of the total strength of the house incl presiding officer Minister who is MP and nominated by PM

Citizen + Min 25 years + Elector

1/10th of the total strength of the house incl presiding officer Prime Minister or minister who is MP and nominated by PM

RS has no power to vote on demand of grants

Disqualification Sl. No. Person Who can remove ? Condition

MP

President acting on the opinion of the Election Non - Justiciable commissioner

Lok Sabha speaker / Rajya Sabha Chairman Justiciable

Disqualification under constitution or the representation

of People Act, 1951.
Under Defection law- Schedule X

MP

MLA

Governor acting on the opinion of the Election Non - Justiciable commissioner

Speaker / Chairman of LA / LC Justiciable

Disqualification under constitution or the representation

of People Act, 1951. Under Defection law- Schedule X

MLA

Territorial Constituencies
2 principles : For every state : Ratio of ( No of seat in each state / Population of state ) = equal for each state Within state : Ratio of (population of each constituency / No of seats allotted) = same throughout the state Seats are also reserved for SC / ST on the basis of population ratio.

Disqualifications : Pg 22.5 Book - Under Constitution & the representation of People Act, 1951 - Any question on disqualification is decided by
President on the opinion of election commissioner and his decision his final.

Defection law (Tenth schedule)

Left political party Contrary voting Independent MP join any party Nominated MP join any party after 6 months

Decision by Lok Sabha speaker / Rajya Sabha Chairman - subject to judicial review

Vacation of office
Double membership : a) If elected to both house simultaneously, choose 1 in 10 days. If not - vacate rajya sabha seat b) MP elected to another house --> seat in first house vacant c) If elected to 2 seat in a house, exercise option --> else both seat will get vacant.

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d) If MLA become MP, resign as MLA within 14 days --> seat of MP gets vacant Disqualification : incl defection law Resignation : addressed to speaker / chairman - when accepted Absence : for 60 days without its permission . Period does not include any period during which house is prorogued or adjourned for more than 4 consecutive days. Other cases : a) Election void by high court (Representation of People Act enables HC to declare an election void if a disqualified candidate is elected. Appeal lies to SC) b) Expelled from house c) Elected as P / VP /governor

Lok Sabha speaker He is the final interpreter of the (i) Constitution, (ii) the rule of procedure and conduct of business of Lok Sabha , (iii) the parliamentary
precedents within the house. He cannot vote but can cast only casting vote. He presides over the joint sitting of the parliament summoned by the PRESIDENT. He decides whether a bill is money bill or not and his decision is final. Also certifies it to be money bill. He is the ex officio chairman of the Indian Parliamentary Union. He appoints the chairman of all parliamentary committees of Lok Sabha and his himself chairman of the Business Advisory , the Rules & the General purpose committee. His work cannot be criticized in Lok Sabha except on a Substantive motion Rank in the order of precedence - 7th along with CJI - higher than all cabinet ministers except PM (3) / DPM (5A)

Deputy Speaker Lok Sabha

Special Privilege : He automatically becomes chairman whenever he is appointed as member of any parliamentary committee.

Panel of chairpersons of Lok Sabha / Vice chairman of Rajya Sabha

Nominated by speaker / chairman from MP --> max 10 chairpersons -- > any of them presides house in ABSENCE (VACANCY) of the speaker / chairman & deputy speaker / deputy chairman. In case of vacancy, President appoint among members of the house and fresh elect ion are held.

Speaker Pro Tem

Normally a speaker tenure = before the first sitting of newly elected Lok Sabha. So till appointment of a new speaker, temporary speaker is appointed. Appointed by president --> any MP usually senior most MP. Function : preside first sitting , administer oath to new members, enable to elect new speaker

Chairman of RS = VP of India
He is not the member of the house

Leader of Opposition is of a political party having at least 1/10th seat of the total strength of the house. He is accorded s tatus equivalent to a cabinet minister.

Sessions of Parliament
Language - Hindi & English. Mother tongue with the permission of the PO The max gap between 2 sessions (first sitting to its prorogation / dissolution) of parliament cannot be more than 6 months.

1 SESSIONS --> Many MEETINGS --> 2 SITTINGS (in a meeting) --> a sitting can be terminated by Adjournment or Adjournment sine die or prorogation or dissolution (of LS).
Adjournment : suspend the work for a specified time from hours to weeks Adjournment sine die : terminating without naming a day for reassembly (i.e. for an indefinite period) Power of both is with presiding officer of house. He can also recall house at any time (even before specified time) Prorogation :
Adjournment
It terminates a SITTING By Presiding officer

Prorogation
It terminates a SESSION By president

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By Presiding officer No effect on pending bills

By president No effect on pending bills . However, pending notices (other than those for introducing bills) lapse.

Dissolution : All pending (before LS or its committee) bills , motions, resolutions, notices, petition and so on lapses
Bill pending in LS lapses Bill passed by LS pending in RS lapse President notifies joint sitting before dissolution -> does not lapse Pending in RS >> does not lapse Awaiting president assent >> does not lapse Returned by president for reconsideration >> does not lapse

Question Hour
First hour of every parliamentary SITTING >> ministers answer the questions.
A member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating his intention to ask a question giving the text of the question & Minister to whom the question is addressed as also the date on which the question is desired to be placed on the list of questions for answer as also the order of preference, if any, for its being placed on the list of questions when a member tables more than one notice of questions for the same day.

The normal period of notice of a question is not more than twenty-one and not less than ten clear days. A short notice question can be asked with a notice shorter than ten days, but the member has to state briefly the reasons for asking the question at short notice. 3 types : Starred question : for oral answer, marked with * . Supplementary ques follows. Max 20 in a day Unstarred : requires a written answer. Max 230 in a day. In addition, 25 ques in relation to states under president rule can be included. A Short notice question : matter of urgent public importance, notice of less than 10 days, answered orally.

Zero Hour
Time period between end of question hour and the time of agenda (normal business) of day. Not a part of rules of procedure >> Informal device

Half an hour Discussion

Discussing a matter of SUFFICIENT public importance Speaker can allot 3 days in a week for such discussion No formal motion or voting

Short Duration Discussion

URGENT public importance Max 2 hours Max 2 days in a week No formal motion or voting

Legislative procedure in Parliament

Public Bill Private Bill

Its introduction requires 7 DAY notice

Its introduction requires 1 month notice

Ordinary Bills General

Money Bills (matters specified in Article Financial Bills I (Article 117 (1)) 110) -part of Financial bill It contains ONLY matter specified in Article 110 i.e. Taxation / Regulation of borrowing powers / CFI / Contingency funds Only in LS
By a minister

Financial Bills II (Article 117 (3)) Exp from CFI but does not include any matter of Article 110

Along with article 110 matter, also matter of general legislation.

Either in LS or RS
By a minister or any private member

Only in LS
By a minister

Either in LS or RS
By a minister or any private member

President Recommendation NO

YES

YES

NO for introduction. However, it cannot be passed by either house unless recommendation of president is received for consideration of the bill. RS can amend or reject
It can be retained by second house (after been passed by house in which it was introduced) for max 6 months , it results in deadlock

RS can amend or reject

Only recommend within 14 days. If not recommended, deemed passed

RS can amend or reject

It can be retained by second house (after been passed by house in which it was introduced) for max 6 months , it results in deadlock

It can be retained by second RS - only for max 14 days house (after been passed by house in which it was introduced) for max 6 months , it results in deadlock

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it results in deadlock
President - Assent / reject/ reconsideration Joint sitting - YES Only assent or rejection NOT required President - Assent / reject/ reconsideration YES President - Assent / reject/ reconsideration YES

Joint sitting
In 3 situations : Bill is rejected by other house Disagreement on amendment More than 6 mnths elapsed since date of receipt of bill in second house. For calculation ,the period during which the house is prorogues or adjourned for more than 4 consecutive days is not to be counted.

Then P can summon joint sitting Order of presiding (Speaker >> Deputy Speaker >> Deputy Chairman >> such other person as decided) Chairman of RS does not pre side as he is not MP. Quorum >> 1/10th Governed by rules of LS and not of RS. Pass bill by majority No new amendment can be made except : (a) those amendment that caused disagreement (b) the amendment that become necessary du e to passage of time.

Demand for grants

Budget contains demand of grants by various ministries. For evaluating, 24 departmental standing committee examine and discuss in detail the demand and prepare report and submit the same to both houses. Only LS can vote on demand for grants. A demand becomes a grant after it is duly voted. Voting is confined only to votable part. Exp charged to CFI can only be discussed. General Budget - total 109 demands (103 civil & 6 defence exp) , Railway budget - 32 demands. CUT MOTION : to reduce any demand for grant : Policy cut Motion : disapproval of policy underlying demand. Reduce demand to Rs. 1 Economy Cut Motion : Reduce lumpsum amt or certain item of demand Token Cut Motion : Book Pg 22.27

Appropriation Bill
No money can be withdrawn from CFI except under appropriation made by law. So an appropriation bill is reqd to withdraw money to meet (a) grants voted by LS (b) exp charged to CFI. VOTE ON ACCOUNT : to withdraw money till bill is passed, grant in advance is made - generally granted for 2 months and max upto 1/6th of the total estimation.

Excess Grant
When money spent is in excess of the amount granted for that service Voted by LS after that financial year Before voting, it must be approved by PUBLIC ACCOUNTS COMMITTEE OF PARLIAMENT.

Other
There are 3 financial committees : (a) Public Accounts Committee (b) Estimates committee and Committee on PSU. Rule of lapse : If the granted money is not spent in the FY, the balance expires and is credited back to CFI. So it leads to March Rush.

State legislature
Only 6 states have bicameral house - J&K, Bihar, UP, Karnataka, Maharashtra, AP. The very existence of LC depends upon the will of LA. The LC can be abolished by Parliament on the recommendation of LC. Creation of legislative council : Passing of resolution by the state assembly by a SPECIAL majority Parliament passes an Act by simple majority. It is not deemed to be an amendment to the constitution under Article 368.

Particulars

LA

LC

Composition

Max 500 & Min 60. For Arunachal Pradesh, Sikkim & Goa - Min 30

Indirectly elected. Max = 1/3rd of total strength of LA

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For Arunachal Pradesh, Sikkim & Goa - Min 30 For Mizoram & Nagaland - Min 40 & 46 respectively Some members of Sikkim & Nagaland are also elected INDIRECTLY.

Max = 1/3rd of total strength of LA Min - 40

1 nominated MLA by Governor from Anglo Indian Community Manner of election Direct Election 5/6 members are elected by system of proportional representation by mean of STV. 1/6 nominated by Governor ( cannot be challenged) Manner (5/6th) : Parliament can modify the composition a. 1/3 by member of local bodies in the state b. 1/12 by graduates of 3 yrs standing and residing within the state c. 1/12 by teachers of 3 yrs standing within the state, not lower in standard than secondary school d. 1/3 by MLA from person other than MLA
Duration Normal = 5 years from the date of its first meeting after the election. Period can extended during national emergency by a law of parliament for 1 yr at a time for any length of time. But upto max 6 mnths after emergency ceases. Permanent Body not subject to dissolution - 1/3rd member retire in every 2 years - members are eligible for re-election & renomination any no of times. Max 6 years

Qualification
Quorum

Citizen + Min 25 years + Elector

10 MLA or 1/10 th of strength whichever is greater

Citizen + Min 30 years + Elector + Resident of concerned state for governor nomination.
10 MLA or 1/10 th of strength whichever is greater

Passing of Bills

If bill has originated in LC and rejected by LA, the bill end and becomes dead.

If the : Assembly rejects amendment suggested by LC LC reject the bill LC does not take action for 3 months
The assembly may pass the bill again and send it to LC. If the LC : Passes with amendment not acceptable to LA LC reject the bill LC does not take action for 1 months Then the bill is deemed to be passed by both houses.

Joint Sitting
Reconsideration Sent by Governor

NOT REQD
Sent by President

If houses pass bill again with or without amendment, the governor MUST give his assent.
Money Bill - exactly same as in case of parliament P cannot return the bill for reconsideration . He must give or withhold assent.

The bill is to be reconsidered within 6 months. The P is not obliged to give its consent.

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08 May 2013 22:03

Constitutional Bodies Election Commission (324) (Election of MP, MLA , President, VP ) Multi member body (as on today)
State Election Commission (for election to Panchayats & Muncipalities)

Statutory Body Joint State Public Service Commission (JSPSC)

National Commission for Women Minorities Backward classes Protection of child rights Human right commission CVC

Executive Resolution Planning Commission

National Development Council

UPSC (315-323)

Finance Commission (280) National Commission for SC (338) - also meant for OBC & Anglo -Indian Community National Commission for ST (338-A) Special Officer for linguistic Minorities (350-B) under Ministry of Minority Affairs CAG (148) Attorney General of India (76)
Advocate General of the state (165)

Central Information Commission

Mode of Appointment
Sl. No. Person Who appoints ? Qualification Condition of service & tenure of office

1 2 3

Chief Election Commissioner and other commissioners Regional Commissioner UPSC - Chairman & other members

President President after consultation with the Election Commission President

Nil Nil Atleast half members should have hold office for atleast 10 yrs in GOI or GOS
Atleast half members should have hold office for atleast 10 yrs in GOI or GOS

President (6 yrs or 65 age- can resign/ removed) President (6 yrs or 65 age- can resign/ removed) President (6 yrs or 65 age- can resign/ removed)
Governor (6 yrs or 62 age- can resign/ removed)

SPSC - Chairman & other members Governor of the state

5
6

JSPSC

President

For 2 or more states on the request of the SL concerned.

Specified by parliament.

President (6 yrs or 62 age- can resign/ removed)

Period specified by President

Finance Commission - Chairman & President every 5th year or 4 other members earlier

Chairman - Person having exp in public affairs

Members - from among follow : HC judge or 1 qualified Person with special knowledge in finance/ accounts of govt Person with wide exp in financial matters and in administration Person with special knowledge of economics.

National Commission for SC / ST chairman, vice chairman & 3 members CAG Attorney General of India (76)

President

Period specified by President

8 9

President President

President (6 yrs or 65 age- can resign/ removed) Qualified to be judge of SC i.e. Specified by president citizen of india & .. Has been judge of HC for 5 yrs An advocate of some high court for 10 yrs Eminent jurist in opinion of

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 Eminent jurist in opinion of president

10 Advocate General of the state Governor Qualified to be judge of HC i.e. Specified by Governor citizen of india & .. Must have held a judicial office for 10 yrs An advocate of high court for 10 yrs Eminent jurist in opinion of president

11

Chairman & Members -National Human Right Commission

President

Recommendation from the 6 member committee Prime Minister (Head) Speaker of the Lok Sabha Deputy Chairman of the Rajya Sabha Leader of Opp in both houses Central Home Minister Further sitting judges of SC / HC can be app after consultaion with CJI.

Determined by Central Govt (5 yrs or 70 age- can resign/ removed)

12

Chairman & Members - State Human Right Commission

Governor

Recommendation from the 6 member committee Chief Minister (Head) Speaker of the Legislative Assembly Chairman of the Legislative Council Leader of Opp in both houses State Home Minister Further sitting judges of HC / DC can be app after consultaion with CJ of HC of that state

(5 yrs or 70 age- can resign/ removed)

13

CVC - Chairman & Members

President

Recommendation from the 3 (4 yrs or 65 age- can resign/ member committee removed) Prime Minister (Head) Same as that of UPSC Union minister of Home affairs Leader of opp in Lok Sabha

14

CIC - Chief information commissioner and max 10 IC

President

They should not be MP, MLA They should not hold any other office of profit or connected with any political party or carrying on any business or profession. Recommendation from the 3 member committee Prime Minister (Chairperson) Union cabinet minister nominated by PM Leader of opp in Lok Sabha

5 yrs or 65 age-not eligible for reappointment - can resign/ removed.

Same as that of Election Commissioner

15

SIC - Chief information commissioner and max 10 IC

Governor

They should not be MP, MLA They should not hold any other office of profit or connected with any political party or carrying on any business or profession. Recommendation from the 3 member committee Chief Minister (Chairperson) State cabinet minister nominated by CM Leader of opp in LA

5 yrs or 65 age-not eligible for reappointment - can resign/ removed.

Salary etc
Not a charge -subject to vote in Parlianment Admin exp of Election Commission Charged on CFI Chairman & Members of UPSC

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CAG Salary and allowances of Lok sabha speaker or deputy speaker / RS chairman or deputy chairman Expenditure / allowances relating to President and his office Salary / All / PENSION of SC Judges
PENSION of HC judges Debt charges incl interest, redemption charges etc relating to loan of GOI Any other amt declared by parliament

Procedure of Removal Sl. No. Person 1 2 3 Chief Election Commissioner (CEC) Other / regional Election Commissioner UPSC & SPSC - chairman or any other member Who can remove ? Resolution in both houses of parliament with special majority On recommendation of CEC President General Insolvent Engages in paid employment In opinion - unfit - due to infirmity (weak) of mind or body.
Special - SC binding opinion - for misbehaviour

Condition Proved Misbehavior or Incapacity

4
5

CAG
Attorney General of India

Resolution in both houses of parliament with special majority

President

Proved Misbehavior or Incapacity

6 7

Advocate General of State National Human Right Commission Chairman & members

Governor President General Insolvent Engages in paid employment unfit - due to infirmity (weak) of mind or body. Unsound mind declared by a competent court Convicted and sentenced for an offence Special - SC opinion - for proved misbehavior or incapacity, president can remove

8
9

State Human Right Commission Chairman & members

CVC - Chairman or members

President
President

Same as above
General Insolvent Engages in paid employment unfit - due to infirmity (weak) of mind or body (in opinion of president) Acquired any financial or other interest as is likely to prejudicially affect his official functions Convicted of an offence which in the opinion of CG involve moral turpitude Special - SC opinion - for proved misbehavior or incapacity, president can remove

10
11

CIC
SIC

President
Governor

Same as 9
Same as 9

Retiring person as below can accept further appointment in GOI or GOS Election Commissioner

Cannot accept Chairman of UPSC Member of UPSC - only as chairman of UPSC or SPSC Chairman of SPSC - only as member or chairman of UPSC or chairman of any other SPSC Member of SPSC - only as chairman or member or UPSC or chairman of any SPSC. CAG Chairman or members of National & state Human Right Commission
Chairman or members of CVC

Can take part in Parliament without right to vote

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Can take part in Parliament without right to vote Attorney General of India ( in both houses)

Composition
National Development Council Prime Minister All Cabinet Ministers CM of state / UT Members of Planning Commission

National Human Right Commission

Chairman - Retired Chief Justice of India 4 Members Serving or retired judge of SC Serving or retired judge of HC 2 person having know/ exp in human rights Four ex-officio members Chairman of National commission for Minorities, SC, ST, Women. Chairman - Retired Chief Justice of High court 2 Members Serving or retired judge of HC or District Judge in the state having 7 yrs exp 1 person having know/ exp in human rights Chairman & max 2 commissioners

State Human Right Commission

CVC

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Other concepts
28 May 2013 22:25

Importance of Booth level Officer (BLO) - introduced in 2007 Custodian of electoral roll - its preparation - removing the names of dead and shifted voters To ensure door-to-door distribution of voter-identification slips to voters.

Delimitation Commission of India Delimitation commission or Boundary commission of India is a Commission established by Government of India under the provisions of the Delimitation Commission Act. The main task of the commission is to redraw the boundaries of the various assembly and Lok Sabha constituencies based on a recent census. The 84th amendment Act froze the re-adjustment of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till 2026 (to encourage population limiting measures). However, the 87th amendment Act, 2003 provided for delimitation of constituencies on basis of 2001 census without altering the number of seats allotted to each state in the Lok Sabha. The number of SC and ST seats in a state are changed in accordance with the census of 2001. (CEC is member of commission) Proportionality jurisprudence Derived from courts in North America and Europe, proportionality jurisprudence calls on a court to decide whether the government used the least injurious means available to it while depriving a person of his fundamental rights.
Misinterpreting the proportionality doctrine in the Comedy Central case (TV Programme 10 day ban by govt), the Delhi High Court worryingly held that it would only find government censorship disproportionate if it shocks the conscience of the court. This is highly problematic after all, fundamental rights will become exceedingly hard to enforce if every government action must go to the unthinkable extreme of shocking the conscience of the court in order for it to be held illegal.

Quasi Judicial Body A quasi-judicial body is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge, and which is obligated to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and may affect the legal rights, duties or privileges of specific parties.
Serious Fraud Investigation Office (SFIO) - so far non-statutory body - CHIT fund ghotala by sharda group in Bengal

The SFIO was established in 2003, as a body of the Ministry of Corporate Affairs, on the basis of the recommendations in the Naresh Chandra Committee Report on Corporate Audit and Governance. It is a multi-disciplinary team that not only uncovers the fraud, but is able to direct and supervise prosecutions under various economic legislations through appropriate agencies. As per its charter, the SFIO is to investigate those cases that are complex in nature and involve inter-departmental and multi-disciplinary ramifications. Accordingly, the staff of the SFIO includes experts in varied fields such as accountancy, forensic auditing, investigation, law, taxation, information technology, capital markets and financial transactions. Among the high profile cases investigated by the SFIO, the Satyam scandal is perhaps the most notorious. The SFIO has also probed the alleged Rs.870 crore fraud in Reebok India. It has also spearheaded the investigation into Sesa Goa s alleged over and under invoicing of exports and imports worth over Rs.1,000 crore. Shortcomings Its powers are largely restricted to examination of documents and it does not have the powers of search, seizure and arrest. The SFIO also operates within an elaborate matrix of investigating bodies with overlapping authority over such cases; the CBI, the Central Economic Intelligence Bureau, the Reserve Bank of India and the Securities and Exchange Board of India (SEBI) being some of the other bodies which have also been granted investigative roles and powers.
Under the Companies Bill In The Companies Bill 2012, SFIO will be a statutory body with the ability to initiate prosecution when directed by the Central government. The investigation report filed by the SFIO with the criminal court, for framing of charges, will be deemed to be a report filed by the police under the Code of Criminal Procedure. This measure will avoid duplication of duties and delay. The director of the SFIO will have the power to arrest persons if he has reason to believe that such persons are guilty of certain offences, including fraud under the Companies Bill. An investigator of the SFIO will have the powers vested in a civil court under the Code of Civil Procedure with respect to discovery and production of books of accounts and other documents, the inspection of books, registers and other documents and the summoning of and enforcing of attendance of persons. Significantly, the Bill attempts to pre-empt the confusion caused by multiple agencies investigating the same case. Where a case has been assigned to the SFIO, no other investigating agency of the Central or the State government is to proceed with investigation. Further, any other investigating agency, State government, police or income tax authority having information or documents with respect to an offence being investigated by the SFIO is required to make such documents available to the SFIO.

Absolute v/s Ordinary majority v/s Special majority Ordinary : majority of the members present and voting in the house Absolute : majority of the total members of the house Special : majority of the total members of the house & not less than 2/3rd members present & voting

Exclusive original jurisdiction of SC

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Exclusive original jurisdiction of SC Exclusive : no other court can decide such dispute Original : the power to hear such appeal on first instance and not by way of appeal On a question of law or FACT on which legal right depend and thus political rights are excluded Dispute only involving state and centre Exception : pg 23.6

Indian order of precedence The Order of precedence of the Republic of India is the protocol list (hierarchy of important positions) in which the functionaries and officials are listed according to their rank and office in the Government of India. The order is established by the President of India, and is maintained by the Ministry of Home Affairs. It is only used to indicate ceremonial protocol and has no legal standing; it does not reflect the Indian presidential line of succession or the co-equal status of the separation of powers under the Constitution. It is also not applicable to day to day functioning of Government of India.
http://en.wikipedia.org/wiki/Indian_order_of_precedence

table_of_...

Due process of law v/s Procedure established by law In India there exist a synthesis of American principle of Judicial supremacy and the British principle of parliamentary supremacy.
Due process : American SC can declare law violative of rights VOID not only on substantial grounds of being unlawful but also on procedural grounds of being unreasonable.

Procedure. : Our SC examine only substantive question . .it does not determine its reasonableness, suitability or policy implication.
Major Differences between First Appeal and Second Appeal First Appeal: 1. The First Appeal can be admitted on the grounds (1) question of fact; and also (2) question of law. 2. The First Appeal can be entertained by subordinate Courts to District Judges Court and to High Courts. Example: An appeal from the District Munsiff Magistrate s Court or Subordinate Judges Court to the District Judge. Second Appeal (case heard already by 2 subordinate court) : 1. The Second Appeal can be admitted only on the point of substantial question of law. 2. The Second Appeal can only be entertained by the High Court.

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Union and its territories

04 July 2013 21:32

Dadra and Nagar Haveli Portuguese

Goa Daman & Diu Puducherry

Portuguese Portuguese French

Special provisions are there for : Maharashtra Goa Gujarat Andhra Pradesh NE states i.e. Arunachal Pradesh, Assam , Meghalaya, Manipur, Mizoram, Nagaland, Sikkim
Parliament Power to reorganize state : Not an amendment under Article 368 Article 2 or 3 does not provide power to cede part of territory to a foreign country - SC. Pass amendment under Article 368. Settlement of Boundary Dispute - NO constitution amendment reqd. Do by executive action - SC Procedure Prior recommendation of President. Before recommending, refer same to SL for its view within specified period. Views are non -binding. Bill introduce in Parliament - pass by ordinary majority.

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Amendments
26 March 2013 19:23

42nd

1976

1. Transferred 5 subjects from state list to Concurrent List - (a) Education, (b) Forests, Weights and measures, (d) Protection of wild animals and birds, (e) Administration of Justice. 2. Amendment to Preamble 1. Voting Age reduced from 21 yrs to 18 yrs 1. Tamil Nadu Reservation Act in 9th schedule - to protect form judicial review. 1. Reservation in promotion 1. Backlog vacancies 1. Reservation in promotion - CONSEQUENTIAL SENIORITY Right to education 1. State empowered to make provision for reservation of OBC/ SC/ ST in educational inst.

61st 76th 77th 81st 85th 86th 93rd

1988 1994 1995 2000 2001 2002 2005

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