CONSTITUTION OF INDIA

August 10, 2010 Authored by:

Nisha D

CONTENTS
NATURE OF THE CONSTITUTION Different Sources Of The Indian Constitution Preamble The Union and Its Territory Constitutional Amendments Official Language and Schedules of the Constitution Citizenship and Fundamental Rights Directive Principles of State Policy Fundamental Duties THE UNION EXECUTIVE
The President Vice President Prime Minister And Council Of Ministers Attorney General Of India The Comptroller And Auditor General Of India

UNION LEGISLATURE
Rajya Sabha Lok Sabha The Budget

THE STATE EXECUTIVE
The Governor Chief Minister Council Of Minister Advocate – General

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STATE LEGISLATURE
Legislative Assembly Legislative Council Legislative Procedure

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INDIAN FEDERALISM AND CENTER STATE RELATIONS
Federal Features Non – Federal Feature Centre – State Relations Finance Commission Co- Operative Federalism Inter -State Council Zonal Councils

UNION TERRITORIES AND JAMMU AND KASHMIR
Administration Special Status of Jammu and Kashmir.

THE SUPREME COURT
Appointment Qualifications Of Judges Tenure And Salary SeatIndependence Of Supreme Court Judges Jurisdiction Of The Supreme Court Supreme Court And Judicial Review

THE HIGH COURT
Appointment of Judges. Qualifications Term Independence Of The Judges Transfer Of A Judge From One High Court To AnotherJurisdiction Of The High Court’s

ELECTORAL SYSTEM LOCAL GOVERNMENT – PANCHAYATS

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NATURE OF THE CONSTITUTION
The evolution of constitutional development in India as an independent and sovereign republic has its immediate historical roots during the British rule. The constitutional development is inevitably linked with our national freedom movement. From 1858 onwards various Acts were made by the British Government for the governance of India. The most important of these Acts being Act of 1909, 1919, and 1935. None of them satisfied Indian aspirations. The demand for a constitution for the country being “framed by its own people without outside interference” was first made by the Indian National Congress in 1935 and repeated several times between 1935 and 1939. The demand was, however, resisted by the British Government until the outbreak of the World War II when external circumstances forced them to realize the urgency of solving the Indian constitutional problem. The demand for the Constituent Assembly was accepted by the British Government for the first time in March 1942, when Sir Stafford Cripps brought to India His Majesty’s Government’s proposals for reforms. The Cripps proposals were rejected but they had one redeeming feature, namely that the right of Indians to frame their own constitution through a Constituent Assembly was accepted. It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a Constitution for India. The Constituent Assembly which had been elected for undivided India held its first sitting on 9th December, 1946 and reassembled on 14th August 1947 as the sovereign Constituent Assembly for the Dominion of India. As a result of the Partition under the Mountbatten Plan of 3 June 1947 a separate Constituent Assembly was set up for Pakistan. The Constituent Assembly of India elected Dr. Rajendra Prasad as its Chairman. On 29 August 1947 the Constituent Assembly appointed a Drafting Committee under the Chairmanship of Dr. Ambedkar. The Constitution was finally adopted on November 26 1949 and came into force on January 26, 1950. The Constitution of India is the lengthiest and the most comprehensive of all the written constitutions in the world. After about 92 Amendments it now consists of 444 Articles divided into 24 parts and 12 Schedules.

DIFFERENT SOURCES OF THE INDIAN CONSTITUTION
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The architects of the Indian constitution went through all the then existing major constitution of the world before drafting their own and, as Dr Ambedkar observed , they tried to accommodate the best possible and time-tested features of each of them to the requirement of the country . Therefore the constitution of India is often described as ‘a bag of borrowings’ as it freely drew from the constitutions of various other countries and the Gov of India Act, 1935. But probably the largest influence was exercised on them by the Gov of India Act, 1935.

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Gov of India Act , 1935 Britain Constitution of USA Constitution of Canada Constitution of Ireland Weimer Constitution of Germany Constitution of Australia Constitution of South Africa

The Federal; scheme, office of governor, power of federal judiciary, emergency powers, Public service commissions Law making procedures, rule of law, provision for single citizenship, Parliamentary system of government, office of CAG, parliamentary privileges Independence of judiciary, Judicial review, fundamental rights, removal of Supreme court and High court judges , Preamble and functions of vice president Federation with strong centre, to provide residuary powers with the centre advisory jurisdiction of supreme Court Directive Principles of State Policy, method of Presidential elections and the nomination of members to Rajya Sabha by the President Provision concerning the suspension of Fundamental Rights during emergency

Idea of Concurrent list Amendment with 2/3rd majority in Parliament and election of the members of Rajya Sabha on the basis of proportional representation

PREAMBLE
Every Constitution has a philosophy of its own. Our Constitution also has a philosophy which is enshrined in the Preamble to the Constitution. The Preamble serves as an introduction to the Constitution and shows the general purpose for which the Constituent Assembly made the several provisions in the Constitution. The Preamble indicates that the Constitution derives its power from the

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people and the source of all authority under the Constitution emanates from the people of India. Can the Preamble be amended? For sometime an opinion prevailed that the Preamble to the Constitution was not a part of the Constitution. On this basis it was argued that since it is not a part of the Constitution, the Parliament cannot amend the Preamble by virtue of its amending powers. However, the Supreme Court in the Kesavananda Bharti case in 1973 overruled its earlier decision and held that the Preamble is a part of the Constitution and is subject to the amending powers of the Parliament as any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed. The Constitution (42 Amendment) Act 1976, in fact amended the Preamble and added three new words viz., Socialist, Secular and Integrity, to the Preamble.

THE UNION AND ITS TERRITORY
Article 1 of the Constitution describes India as a Union of States. The expression ‘Union of India’ should be distinguished from the
expression ‘Territory of India’. While the ‘Union’ includes only the states which enjoy the status of being members of the federal system and share a distribution of power with the Union , the term ‘territory of India’ includes the entire territory over which the sovereignty of India, for the time being extends. Viz. (1) Union Territories and (2) such other territories as may be acquired by India. Formation of new States and alteration of areas, boundaries or names of existing States. The names of the States and Union Territories are specified in the First Schedule to the Constitution. Article 2 provides that Parliament may by law admit new States into the Union of India or establish new states on such terms and conditions as it deems fit. Under Article 3, the Constitution empowers the Parliament to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State. The Constitution further states that Parliament has the power to increase or diminish the area of any State or to alter the boundaries or names of any State. However, the Parliament has to follow certain procedures in this regard. A Bill giving effect to any or all the changes stated above can be introduced in either House of the Parliament, only on the recommendation of the President. If such a Bill affects the boundary or name of a State, then the President, before introducing it in the Parliament, shall refer the Bill to the State Legislature concerned for its opinion, fixing a time limit within which an opinion must be expressed by the State Legislature. The Bill is passed with a simple majority.

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The original constitution in an ad hoc arrangement had divided the component units of India into A, B, C and D categories. But the Seventh constitution Amendment act, 1956, all the States have been put under one class. There is no distinction between the Statuses inters se. but there are certain special provisions. 1. By the virtue of Art. 370 the state of Jammu and Kashmir has a special status in that it has its own constitution and as such the provision of the constitution pertaining the States ( Part VI) does not apply to it . 2. Article 371 has some special provisions for the States of Maharashtra and Gujarat; Article 371 A for Nagaland ; Article 371 B for Assam ; Article 371 C for Manipur; Article 371 D for Andhra Pradesh; Article 371 F for Sikkim, Article 371 G for Mizoram, Article 371 H for Arunachal Pradesh and Article 371 I for Goa. These provisions override the general provisions applicable to the states as a whole. 3. An area designed as Scheduled and Tribal Areas under the provisions of V and VI is excluded from the operation of the general provisions of Part VI as applicable to all States except Jammu & Kashmir. By exercising its power under Article 3, Parliament has enacted over 20 Acts. Some of them are: a. The Assam (Alternation of Boundaries) Act, 1951, which altered the boundaries of the State of Assam consequent on cession of a strip of territory comprised in that State to the Government of Bhutan. b. The Andhra State Act, 1953, which formed the new State of Andhra by separating some territory from the State of Madras. c. The State Re-organisation Act, 1956, reorganized the boundaries of different States. It established the new State of Kerala and merged the former States of Madhya Bharat, Pepsu, Saurashtra, Travancore, Cochin, Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh in other adjoining States. d. The Bombay Re-organisation Act, 1960, divided the State of Bombay to establish the two States of Gujarat and Maharashtra. e. The Acquired Territories (Merger) Act, 1960, merged certain Territories acquired from Pakistan into the States of Assam, Punjab and West Bengal. f. The State of Nagaland Act, 1962, created Nagaland as a separate State. g. The Punjab Re-organisation Act, 1966, which divided Punjab into Punjab and Haryana. h. New State of Himachal Pradesh comprising exiting Union Territory of Himachal Pradesh was established by State of Himachal Pradesh Act, 1970. i. New States of Manipur, Tripura, Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by North Eastern Areas (Re- organisation) Act, 1971. Later Mizoram and Arunachal Pradesh achieved statehood by State of Mizoram Act, 1986 and State of Arunachal Pradesh Act, 1986. j. New State of Sikkim was established by the Constitution (36th Amendment ) Act, 1975. k. The state of Goa Act, 1987 which incorporated Goa as a separate State of the Union. l. Chhattisgarh was formed as a result of Madhya Pradesh Re-organisation Act, 2000which came into being on November 1, 2000. m. Uttaranchal came into existence by Uttar Pradesh Re-organisation Act, 2000 on 8 Nov. 2000, comprising the Northern districts of Kumoan and Gharhwal hills of Uttar Pradesh. th n. The State of Jharkhand was established by Bihar Re-organisation Act, 2000 on 15 Nov. 2000 by comprising eighteen southern districts of Chotta Nagpur and Santhal Paragana areas of Bihar.

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CONSTITUTIONAL AMENDMENTS
Article 368 deals with amendment procedure of the Constitution. A Bill for the purpose of amendment of the Constitution could be initiated in either house of Parliament and not in any state legislature. The Constitution lays down three different procedures for the amendment of various provisions of the Constitution. (1) Certain provisions of the Constitution can be amended by the Parliament by simple majority. These include provisions relating to the creation of new states, reconstitution of existing states, creation or abolition of upper chambers in the state legislatures etc. (2) The provisions that effect federal structure could be amended only if they are passed in each House (a) by a majority of the total membership of that House and (b) by a majority of not less than two- thirds of the members of that House present and voting , and (c) thereafter ratified by the legislature of not less than one half of the states by resolutions to that effect passed by those legislatures before the bill was presented to the President for assent. Provisions that can be amended, this way, include election of the President, powers of the Union and state executive, Union judiciary, High courts, amendment procedure etc. (3) But a major portion of the Constitution can be amended by the special majority, i.e. (a) a majority of total membership of each house and (b) by a majority of not less than two- thirds of the members of that house present and voting.
Important Amendments (1) Fourth Amendment 1955 - Regarding compensation in right to property the word adequate was deleted. (2) Seventh, 1956 - Reorganization of states (3) Twenty-fourth , 1971 - Parliament got the right to amend the Fundamental Rights
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(4) Twenty-Sixth, 1971 - Abolition of privy purses and privileges (5) Thirty–Fifth, 1974 - Integration of Sikkim as a fully fledged state of the Indian union (6) Forty –Second, 1976 - (a) the words ‘secular’ and ‘socialist’ were added to the preamble and a new chapter on ‘fundamental duties’ was added in the Constitution (b) Parliament’s power to amend all provisions of the Constitution was placed beyond judicial review (c) The primacy of Directive Principles of state policy over Fundamental Rights was ensured (d) it made it obligatory for the President to act on the advice of the Council of Ministers.(e) it curtailed the powers of the High Courts and the Supreme Court with regard to the issue of

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writs and judicial review (7) Forty Fourth, 1978 - It restored to the Supreme Court and High Courts the jurisdiction and powers they enjoyed before the 42nd amendment was passed. It deleted the right to property from the list of Fundamental Rights. (8) Fifty Second, 1985 - Political defection was sought to be curbed (9) Seventy Third, 1992 - provided a constitutional guarantee to the formation of Panchayats at village and other levels. (10) Seventy-fourth, 1992 - Added a new part to the constitution relating to urban local bodies.

OFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTION
Under Article 343, Hindi in Devanagari script was accepted as the official language of the Union. But, for a period of fifteen years from the commencement of the Constitution, the English language was allowed to be used for all the official purposes of the Union. Even thereafter Parliament could by law provide for the use of English for any specified purposes. Parliament has enacted the Official Languages Act, 1963 for this purpose. Besides Hindi, our Constitution also recognizes other languages and the need for their development. The 18 languages of India are listed in the Eighth Schedule and are the following - Assamese, Bengali, Gujarat, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu and Urdu.

SCHEDULES OF THE CONSTITUTION CONSTITUTION
The Constitution contains 12 Schedules which provide details about the various aspects of the Constitution.
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Schedule One Schedule Two Part A Part B Part C Part D Part E

– Territories of the 25 States and 7 Union Territories of India – It Emoluments to the President of India and the Governors of the States – omitted by Constitution (Seventh Amendment Act 1956) – Contains provisions about the Speaker /Deputy Speaker or Chairman/ Vice Chairman of the Lok Sabha, Rajya Sabha – State Legislative Assemblies or Councils – Emoluments of the judges of the Supreme Court and High Court consist of five parts –– Provision of CAG of India

• • • • • •

Schedule Three Schedule Four Schedule Five and Six Schedule Seven Schedule Eight Schedule Nine Schedule Ten Schedule Eleven Schedule Twelve

– Forms of oaths of affirmations – Allotment of seats in the Rajya Sabha to States and Union Territories – Provisions relating to administration of Scheduled areas and Tribal areas – Union List, State List and Concurrent List – 18 languages – Contains certain acts and regulations dealing with land reforms and abolition of zamindari system which are protected from judicial scrutiny. – Important provisions regarding disqualifications on grounds of defection – this lists 29 subjects on which the Panchayats have been given administrative control – this contains 18 subjects on which the Municipalities have been given administrative control

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CITIZENSHIP AND FUNDAMENTAL RIGHTS
CITIZENSHIP
The Constitution provides for single citizenship. There is no separate citizenship of states. According to the Constitution the following three categories of persons are entitled to citizenship: (1) persons domiciled in India (2) refugees who migrated to India from Pakistan (3) Indians living in other countries.

Acquisition and Termination of Citizenship
Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. A person can acquire citizenship of India in five ways:

(1) Citizenship by (2) Citizenship by (3) Citizenship by (4) Citizenship by (5) Citizenship by

birth descent registration naturalization incorporation of territory
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Loss of Indian Citizenship
(1) Renunciation (2) Termination (3) Deprivation

Amendment of Citizenship Act

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In 1986 the Citizenship Act was amended and acquisition of citizenship by persons coming to India as refugees from Bangladesh, Sri Lanka and other countries was made difficult. It provided that persons born in India (a) on or after 26 January 1950 but prior to 26 November 1986, (b) on or after the commencement of the Amending Act, 1986, shall be citizens of India by birth only if either of their parents is a citizen of India at the time of his birth. It increased the period for acquisition of citizenship through registration from 6 months to 5 years.

FUNDAMENTAL RIGHTS
The Constitution guarantees elaborate Fundamental Rights to Indian citizens. These are contained in Part III of the Constitution. These rights are vital for the development of a citizen and promote his dignity and welfare. These rights are justifiable and can be enforced through courts. The Constitution allows the Parliament to impose limitations on the Fundamental Rights.

Classification of Fundamental Rights
Originally the Constitution classified the Fundamental Rights into seven categories but with the elimination of right to property from the list of Fundamental Rights by the 44th Amendment in 1979, there are now six categories of rights.

(1) Right to Equality-Articles 14 to 18 (2) Right to particular freedoms-Articles 19 to22 (3) Right against exploitation –Articles 23-24 (4) Right to freedom of religion-Articles 25 –28 (5) Cultural and Educational Rights-Articles 29-30 (6) Right to Constitutional Remedies-Articles 32-35
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The Writs
There are five kinds of writs; (1) habeas corpus (2) mandamus (3) prohibition (4) certiorari and (5) quo warranto. (1) Habeas corpus means “to have the body. “ It is in the nature of an order calling upon a person who has unlawfully detained another person to produce the latter before the court. (2) Mandamus literally means command. It is thus an order of a superior court commanding a person holding a public office

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or a public authority- (including the Government) to do or not to do something, in the nature of public duty. (3) Prohibition- A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceeding its jurisdiction and to compel it to keep within the limits of its jurisdiction. (4) Certiorari - A writ of certiorari has much in common with a writ of prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction. (5) Quo Warranto - The words quo warranto means “what is your authority”? A writ of quo warranto is issued against the holder of a public office to show to the court under what authority he holds the office.

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Suspension of Fundamental Rights
When the President makes a proclamation of emergency under Article 352 the freedoms guaranteed under Article 19 are automatically suspended. However, an important change has been introduced by the 44th Amendment Act 1978. This Amendment prohibits the suspension of Articles 20 and21 even during a national emergency. The President can suspend other Fundamental Rights through specific orders, but these orders must be approved by the Parliament.

Can Fundamental Rights be amended
The Golak Nath case is a landmark in the constitutional history of India. In this decision the Supreme Court took away the power of Parliament to amend the Fundamental Rights. But by the 24th Amendment Act 1971, the Parliament amended Art. 13 and 368 to make it clear that the Parliament has the power to amend any part of the Constitution including Fundamental Rights and the word ‘law’ as used in Article 13 does not include a Constitutional Amendment Act. In the Kesavananda Bharti Case the Supreme Court ruled that Parliament could amend any and every part of the Constitution including Fundamental Rights but it could not destroy the basic structure of the Constitution. To make the Fundamental Rights easily amendable, the 42nd constitutional amendment was passed which declared in unambiguous terms that the Parliament had unlimited power of amending the Constitution.
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Judicial Review and the Fundamental Rights
Judicial Review is the power of courts (Supreme Court and the High Court’s) to declare a law unconstitutional and void if it is inconsistent with any of the provisions of the Constitution to the extent of its inconsistency. So far as the contravention of the Fundamental Rights is concerned this power is specially enjoined upon the courts by the Constitution, in Article 13.

DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy which embody the ambitions and aspirations of the makers of the Constitution are contained in Part 4 of the Constitution. They aim at providing the social and economic basis for a genuine democracy. These principles are not enforceable through courts and are merely directives which the government has to keep in mind while framing a policy. This novel feature of the Constitution has been borrowed from the Constitution of Ireland. Broadly speaking, there are three types of Directive Principles

(1) Economic or Socialist- these principles aim at providing social and economic justice and ushering in a welfare state. (2) Gandhian Principles- These are the embodiment of the Gandhian programme for reconstruction. (3) Liberal Principles- these principles are based on liberal thinking of freedom in every walk of life.
Difference Between Fundamental Rights and Directive Principles (1) The Fundamental Rights constitute limitations upon State action; the Directive Principles are in the nature of instruments of instruction to the government to do certain things to achieve certain goals
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(2) The Directive Principles are not enforceable in the courts and do not create any justifiable rights in favour of the individual whereas Fundamental Rights are justifiable (3) Directive Principles are inferior to Fundamental Rights because in case of conflict between the two, the latter must get precedence.

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FUNDAMENTAL DUTIES FUNDAMENTAL
The Fundamental Duties are eleven in number and are contained in Art. 51A Part 4-A of the Constitution. This Article was inserted into the Constitution by the 42nd Amendment Act 1976. These duties are statutory duties and are enforceable by law. Violation of the duties can be met with punishment.

Japan is only democratic country in the world which provides for the set of Fundamental Duties in its constitution. The Indian Constitution has borrowed the concept of Fundamental Duties from the Constitution of socialist countries (knowledgably from erstwhile USSR)
The eleven duties as are under: 1. 2. 3. 4. 5. To abide by constitution and respect its ideals and institutions. The National Flag and the National Anthem; To cherish and follow the noble ideals which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so; To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious ,linguistic and regional or sectional diversities ; to reconcile practices derogatory to the dignity if women; 6. To value and preserve the rich heritage of our composite culture; 7. To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures; 8. To develop scientific temper, humanism , and the spirit of inquiry and reform; 9. To safeguard public property and to reject violence; 10. To strive towards excellence in all spheres of on individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement. 11. Who is parent or guardian to provide opportunities for education to his child, or as the case may be , between the age of six and fourteen years.

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THE UNION EXECUTIVE
There are two levels of executives in India – at the Union level and the State levels A. The Union Executive
The Union Executive consists of the President, Vice- President and Council of Ministers to aid and advice the President and the Attorney General.

THE PRESIDENT
The President is the executive head of the State. The Constitution under Art. 53 vests the executive power of the Union in the President who shall exercise the powers either directly or through officers subordinate to him. He is the first citizen of India and occupies the first position under the warrant of precedence.

QUALIFICATIONS
A candidate for the office of the President (1) must be a citizen of India (2) should have completed 35 years of age (3) must not hold any office of profit under Government of India, state government or local authority (4) must possess qualifications required for membership of the Lok Sabha

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ELECTION
The President is indirectly elected through an electoral college consisting of the elected members of both the houses of the Parliament and elected members of all the State Legislative Assemblies. The election is held through the system of proportional representation by means of a single transferable vote.

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TERMS AND EMOLUMENTS
The President holds office for a term of five years from the date on which he enters the office. He is eligible for re-election but generally the President does not hold office for more than two terms. The President receives a salary of Rs. 20,000 per month. In addition to this, he is entitled to other allowances and privileges including free official residence. On retirement the President is entitled to a pension of Rs. 10,000 per month.

IMPEACHMENT
The President can be removed from office before expiry of his term through impeachment. He can be impeached only for the violation of the Constitution and this power is vested in the Parliament. Impeachment proceedings can be initiated by either house of the Parliament. However, in order that a charge is preferred by a house it is necessary that: (a) a resolution containing the proposal of the charge of violation is moved after a 14-day notice in writing signed by not less than one fourth of the total membership of the House levying the charge, and (b) the resolution is passed by a majority of not less than two-thirds of the total membership of the same house. The other House then investigates into the matter and, if a resolution is passed in that House by not less than two-thirds of its total membership substantiating the charge, the President is removed from his office.

VACANCY
In case the office falls vacant due to the death, resignation or removal of the incumbent, the Vice- President acts as President. In case the Vice –President is also not available to discharge the duties of the office of the President , the Chief Justice of India acts as President.

POWERS OF THE PRESIDENT
The powers of the President can be discussed under the following heads:

Administrative

- All the executive functions of the Union are carried on in the name of the President. The President has the power to

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Powers

appoint (1) the Prime Minister (2) other ministers of the Union (3) the Attorney- General (4) The Comptroller and Auditor–General (5) the Judges of the Supreme Court and High Courts (6) the Governor of a state (7) the Finance Commission (8) the Chief Election Commissioner and other members of the Election Commission (9) A special officer for the Scheduled Castes and Tribes. -The president is the Supreme Commander of the Armed Forces. He has the power to declare war and peace. But his military powers are subject to the regulation of law - The President is an integral part of the Parliament. 1. Summoning and proroguing Parliament and dissolving Lok Sabha. 2. Making nominations of 12 members to the Rajya Sabha and of 2 to the Lok Sabha. 3. Delivering inaugural address and sending message to the Parliament. 4. Exercising veto powers over non- money bills --- absolute as well as suspensive. 5. Giving prior permission of introducing certain kinds of bills in Parliament. 6. Promulgating an ordinance. 7. Causing presentations to the Parliament reports and recommendations of various Commissions 8. Exercising absolute veto power over State legislation. -(1) All money bills can originate in the Parliament only on the recommendation of the President. (2) Keeping control over Contingency Fund of India. (3). Causing presentation of Budget in the Parliament. (4). Making appointment of Finance Commission. - The President appoints the Chief Justice and Judges of the Supreme Court and State High courts. He can grant pardon, reprieve, respite or remission of punishment or commute the sentence of any person punished under the union law. The President enjoys legal immunity and is not answerable to any court of law for anything done in the exercise of his official duties. - The Constitution vests extraordinary powers in the President to deal with three types of emergencies --- (a) emergency due to external aggression or internal revolt (Art.352) (b) emergency arising out of failure of constitutional machinery in the state (Art. 356) and (c) Emergency arising from threat to the financial stability or credit of the country (Art 360). - President represents the country in international -fora. He sends ambassadors to foreign countries and receives their diplomats. All international treaties and agreements are concluded on behalf of the President.

Military Powers Legislative Powers

Financial Powers

Judicial Powers
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Emergency Powers

Diplomatic Powers

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POSITION OF THE PRESIDENT
The Indian Constitution envisages a parliamentary form of government. Under such a system the President is the head of the State but not the head of the government. The Head of the government is the Prime Minister. Though the executive powers are vested in the President, he is constitutionally obliged to exercise his executive powers with the aid and assistance of the council of ministers. Parliamentary form of government therefore is that in it the head of the State is the constitutional or formal head and the real executive powers are vested in the Council of Ministers headed by the Prime minister responsible to the lower house (Lok Sabha). Earlier there was no provision in the Constitution which made the advice of the council of ministers obligatory on the President. However, after the 42nd Amendment Act 1976, the advice if the Council of Ministers is constitutionally binding on the resident.

VICE PRESIDENT
The Vice President is elected by the members of the two houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote.

QUALIFICATIONS
A candidate for the office of the post of Vice President must (1) be a citizen of India (2) be more than 35 years of age (3) possess the qualifications prescribed for the membership of the Rajya Sabha (4) not be a member of either House of the Parliament or State Legislature (5) Does not hold any office of profit under the Union or State government or local authority
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TERM OF OFFICE

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The Vice President holds office for a term of five years. He is eligible for re-election. His office may terminate earlier than the fixed term either by resignation or by removal. He may be removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed to by the Lok Sabha.

POWERS OF THE VICE PRESIDENT
The Vice - President is the ex-officio chairman of the Rajya Sabha and presides over its meetings. All bills, resolutions, motions and questions can be taken up by the Rajya Sabha only with his consent. He discharges the functions of the office of the President in case the office falls vacant on account of the death, resignation or removal of the President.

EMOLUMENTS
When the Vice President acts as or discharges the functions of the President he gets the emoluments of the President; otherwise he gets the salary of the Chairman of the Council of States. All doubts and disputes arising out of or in connection with the election of a President or Vice President is inquired into and decided by the Supreme Court whose decision is final.

PRIME MINISTER AND COUNCIL OF MINISTERS
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The President of India is a constitutional executive head; the real executive authority of the Union is exercised by the Prime Minister and his Council of Ministers. India has adopted a cabinet system of government. Article 74 of the Constitution lays down that there shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President who shall in the exercise of his functions act in accordance with such advice. The office of the Prime Minister has been created by the Constitution. The Prime Minister is appointed by the President. Generally the President has no choice in the appointment of the Prime Minister and invites the leader of the majority party in the Lok Sabha for this office.

TERM - The Prime Minister theoretically holds office during the pleasure of the President. Actually the Prime Minister stays in office as long as he enjoys the confidence of the Parliament. The normal term is five years but it is automatically reduced if the house is dissolved earlier.

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POWERS -The Prime Minister enjoys extensive powers
(1) He is the Leader of the majority party in the Lok Sabha (2) He can recommend the dissolution of Lok Sabha to the President before expiry of its normal term (3) All the members of the Council of Ministers are appointed by the President on the recommendation of the Prime Minister. (4) He allocates portfolios among the various ministers and reshuffles them according to his wishes. He can ask a minister to resign and even get him dismissed by the President. (5) He presides over the meetings of the Council of Ministers and exercises a strong influence on its decisions. (6) The Prime Minister is the chief channel of communication between the President and the Council of Ministers and keeps the former informed about all the decisions of the council.

COUNCIL OF MINISTERS
A minister must be a member of either House of Parliament. If a person who is not a member of either House of Parliament is appointed a minister, he shall cease to be a minister after six months, unless in the meanwhile he manages to get elected to either of the two Houses. Ministers may be chosen from members of either House or a Minister who is a member of one House, has right to speak in and to take part in the proceedings of the other House though he has no right to vote in the House of which he is not member. The Council of Ministers is not a single body but a composite body, consisting of ministers of different ranks. The classification is done informally following the British practice. The Ministers are divided into three categories, viz., Cabinet Ministers, Ministers of State and Deputy Ministers. The Cabinet is an informal body of senior Ministers who form the inner circle. It is like a wheel within a wheel. The Council of Ministers, seldom meets as a body. It is the Cabinet which meets as and when summoned by the Prime Minister.

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PRINCIPLES ON WHICH THE CABINET SYSTEM OF GOVERNMENT FUNCTIONS(1) The parliamentary form of government is based on the principle of collective responsibility. Article 75(3) of the Constitution states that the Council of Ministers is collectively responsible to the Lok Sabha. It means that all the Ministers are collectively answerable to the Lok Sabha for the policies and decisions of the government, even though a decision taken may pertain to a single ministry. The individual ministers may have differences among themselves on certain issues but once a decision is taken by the cabinet it becomes a joint decision of all the Ministers. If a minister does not agree with the decision of the cabinet he has no choice, but to resign. The Council of Ministers works as a team. Thus it swims or sinks together. (2) Individual Responsibility of Ministers: Apart from collectively responsible to the Lok Sabha, all ministers are individually responsible to the President. Article 75(2) declares that the ministers hold office during the pleasure of the President. (3) Role of the Prime Minister: The Prime minister is the keystone of the cabinet arch. He is central to the formation of the Council of Ministers, central to its life and death. If the Prime Minister resigns or dies the whole Council of Ministers goes out along with him. The Prime Minister is the “primus inter pares” (first among equals). It is he who summons and presides over meeting of the Cabinet. Moreover he can remove a minister at any time by demanding a minister’s resignation or having him dismissed by the President. The Prime Minister acts as the connecting link between the President and the Cabinet. Article 78 of the Constitution lays down that it is duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers and to furnish such information relating to the administration of the affairs of the Union. The Prime Minister is also the main link between the Cabinet and Parliament.
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ATTORNEY GENERAL OF INDIA
The Attorney General is the first law officer of the government of India. The Attorney General is appointed by the
President and he holds office during the pleasure of the President. His duties are to advise the government on legal matters to perform other legal duties which are referred or assigned to him by the President and to discharge the functions conferred on by him by the Constitution. In order to be appointed as the Attorney General a person must be qualified to be appointed as a judge of the Supreme Court. Though he is not a member of the Cabinet he has the right to speak in both the Houses of Parliament or any committee thereof, but he has no right to vote. In the performance of his official duties the Attorney General shall have a right of audience in all the courts in the territory of India. The Attorney General represents the government but is allowed to take up private practice provided the other party is not the state. Because of this he is not paid salary but a retainer to be determined by the President. The Attorney General gets a retainer equivalent to the salary of a judge of a Supreme Court.

THE COMPTROLLER AND AUDITOR GENERAL OF INDIA
The Comptroller and Auditor General of India is appointed by the President. He holds office until he attains the age of sixty five years or at the expiry of six- year term, whichever is earlier. He is the guardian of the public purse. His duties are to keep the accounts of the Union and the States and to ensure that nothing is spent out of the Consolidated fund of India or of the States without the sanction of the Parliament or of the State Legislatures. Because of the importance of the office of the Comptroller and AuditorGeneral, the Constitution contains provisions to ensure the impartiality of office and to make it independent of the Executive. He can be removed from his office only on ground of proved misbehavior or incapacity in a manner a judge of the Supreme Court is removed i.e., each House of the Parliament passing a resolution supported by two-thirds of the members present and voting and by a majority of the house. His salary and conditions of service cannot be changed to his disadvantage during his term of office except under a financial emergency. His salary is charged on the Consolidated Fund of India and is not subject to the vote of the Parliament. He is paid a salary equivalent to that of a Judge of the Supreme Court.

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Union Legislature
The Parliament of India consists of the President and the two houses –the Lower House or Lok Sabha and the Upper House or Rajya Sabha.

RAJYA SABHA
It is the Upper House of the Parliament. It consists of representatives of the states. The maximum strength of the Rajya Sabha is 250. Of these 238 represent the States and Union territories and the rest 12 are nominated by the President from amongst persons who have distinguished themselves in the field of literature, art, science, social service, etc. Representatives of the states are elected by members of State Legislative Assemblies on the basis of proportional representation through a single transferable vote. The Rajya Sabha represents the federal character of the Constitution in the Parliament. The membership of a State is based on the population of that state.

TERM: The Rajya Sabha is a permanent body, and not subject to dissolution. One third of its members retire every 2- year. The members are elected by the elected members of the State Legislative Assemblies for a six year term.. There are no seats reserved for Scheduled Castes & Tribes in the Rajya Sabha. QUALIFICATIONS FOR MEMBERSHIP
In order to be qualified to become a member of the Rajya Sabha, a person must be:
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(1) be a citizen of India; (2) not be less than 30 years of age; and (3) have registered as a voter in any parliamentary constituency.

CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA
The Vice –President of India is ex-officio chairman of the Rajya Sabha. He presides over the proceedings of the Rajya Sabha. In his absence the Deputy Chairman of the Rajya Sabha presides over. The Deputy Chairman is elected by the members of the Rajya Sabha amongst themselves.

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SPECIAL POWERS OF THE RAJYA SABHA
The special powers of the Rajya Sabha are in the form of initiating certain resolutions. These are: (1) A resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha where the resolution must be passed by a majority of all the then members of the Rajya Sabha, and agreed to by the Lok Sabha. (2) If the Rajya Sabha passes a resolution by a majority of not less than two- thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, it shall be lawful for Parliament to make law for the whole or any part of the territory of India on that matter for a period of not exceeding more than one year. (3) If the Rajya Sabha passes a resolution by a majority of not less than two- third of the members present and voting that it is necessary or expedient in the national interest, to create one or more all- India services, Parliament by law may provide for such services.

LOK SABHA
The Lok Sabha is the popular house of the Indian Parliament. It consists of representatives elected by the people on the basis of universal adult franchise through secret ballot. The constitution prescribes a membership of not more than 530 representatives of the states, not more than 20 representatives of the Union Territories and not more than 2 members of the Anglo- Indian Community nominated by the President. if in the opinion of the President that the Anglo- Indian community is not adequately represented in the Lok Sabha. The Constitution empowers the Parliament to readjust the seats in the Lok Sabha on the basis of population after every census.
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TERM -The normal term of the Lok Sabha is five years, but it may be dissolved earlier by the President. The 42nd Amendment

Act 1976 extended the normal life of the Lok Sabha to six years, but the 44th amendment Act 1978 has set it at five years as the original Constitution envisaged. The life of the Lok Sabha can be extended by the Parliament beyond the five year term when a proclamation of emergency under Article 352 is in force. But the Parliament cannot extend the normal life of the Lok
Sabha for more than one year at a time, but in any case such extension cannot continue beyond a period of six months after the proclamation comes to an end.

QUALIFICATIONS FOR MEMBERSHIP OF LOK SABHA
In order to be a member of the Lok Sabha, a person must:

(1) be a citizen of India (2) not be less than 25 years of age and (3) has registered as a voter in any Parliamentary constituency. DISQUALIFICATIONS FOR MEMBERSHIP.
A person shall be disqualified for being a chosen as, and for continuing as, a member of either House of the Parliament if he:

(a) holds any office of profit; (b) is of unsound mind; (c) voluntarily acquires the citizenship of a foreign country; (d) is an undercharged insolvent; or (e) is disqualified under any law made by the Parliament
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A member who incurs any of the disqualification after election is deemed to have vacated his seat. A member can resign at any time. His resignation has to be accepted by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha as the case may be. If a member of either House remains absent for 60 days without seeking the permission of the House, the House may declare his seat vacant. Matters of disqualifications of a member are decided by the President in consultation with the Election Commission, which is binding on him.

SPEAKER AND DEPUTY SPEAKER OF THE LOK SABHA

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The Speaker is the Chief Presiding Officer of the Lok Sabha. The Speaker and the Deputy Speaker of the Lok Sabha are
elected by the members of the Lok Sabha amongst themselves. When the office of the Speaker falls vacant or when the Speaker is absent from any sitting of the house, the Deputy Speaker performs the duties of the Speaker. The Speaker and the Deputy Speaker remain in office so long as they are members of the house. The Speaker continues in his office, even after the Lok Sabha is dissolved till the newly elected Lok Sabha is constituted. The Speaker and the Deputy Speaker may be removed from their office by a resolution of the House after serving a 14 day notice on them. The Speaker does not vote in the first instance, but exercises his

casting vote in the case of a tie i.e. in the case of equality of votes.
The Speaker possesses certain powers that do not belong to the Chairman of the Rajya Sabha. They are as follows: (1) It is the Speaker who presides over a joint sitting of the Houses of the Parliament; (2) When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha the power to certify it as a money bill is given to the Speaker, (3) The decision of the Speaker as to whether a bill is money bill is final

SPECIAL POWERS OF THE LOK SABHA- The Lok Sabha enjoys the following powers which are not available to the Rajya Sabha
(1) A confidence or no confidence motion can be initiated and passed only in the Lok Sabha. (2) Money and financial bills can be introduced only in the Lok Sabha. The Rajya Sabha cannot reject or amend a Money bill by virtue of its legislative powers. It possesses only a recommendatory role in the passage of a money bill and can delay it for a maximum period of 14 days only. The Lok Sabha enjoys full legislative power in this regard.
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Under Art.352 the Lok Sabha in a special sitting can disapprove the continuance in force of a national emergency proclaimed by the President. In such a case the President shall revoke the national emergency.

SESSIONS OF PARLIAMENT The sessions of Parliament are convened at the discretion of the President. However, there should not be a gap of more than six months between two sessions. The President has the power to summon or prorogue either or both Houses of Parliament. The power of adjournment belongs to the respective presiding officers. Adjournment of a house does not terminate the session of the house. It merely postpones the proceedings of the house to a future date. But prorogation

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brings an end to a session of the house. The parliament ordinarily meets in three sessions in a year. These are the Budget Session (February-May), Monsoon session (July-August) and winter session (Nov-December).
FUNCTIONS AND POWERS OF THE PARLIAMENT
(1) Providing the cabinet (2) Control of the cabinet (3) Criticism of the cabinet and of the individual ministers (4) An organ of information (5) Legislation (6) Financial control (7) According to Art368 Parliament can amend the Constitution of India. (8) Electoral-Parliament participates in the election of the President and Vice President of India (9) Power of removing functionaries like the President and Vice- President and judges of the Supreme Court and High Courts.

JOINT SESSIONS OF PARLIAMENT
The President can call joint sessions of the two Houses if a bill passed by one House is rejected by the other House or if the amendments proposed to a bill by one House are not acceptable to the other House, does not take any action on a bill remitted to it for six months. Decision is taken by a majority of the total members present. The deadlock over a bill in a joint sitting is resolved by present and voting. Since the Lok Sabha has a larger membership in a joint sitting generally the will of the Lok Sabha prevails. After the passage of the bill in a joint sitting it is presented to the President for his assent. But no joint sitting can be summoned to resolve a deadlock in case of a Money bill or a Constitutional Amendment bill.
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LEGISLATIVE PROCEDURE The primary function of Parliament is law making. Art 107 to 122 of the Constitution deal with the legislative procedure with reference to the passing of the bills in the Parliament. Bills may be classified under four heads viz., Ordinary, Money, Financial and Constitutional Amendment bills. Money and financial bills cannot be introduced in the Rajya Sabha. The other bills can be introduced in either house of the Parliament. Bills are of two types viz., Government and private members’ bills. Money, financial and an ordinary bill under Article 3 can be introduced only on the recommendation of the President. It means they cannot be introduced as Private Members bills. The legislative procedure adopted for passing Government and

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Private members’ bills is the same.
The different stages in the legislative procedure in the Parliament(a) Introduction of the Bill. The first stage of legislation is the introduction of a Bill. After the Bill has been introduced in the house it is published in the Gazette of India. The introduction of the bill and its publication in the Gazette constitutes the First reading of the Bill. (b) Second reading of the Bill- At this stage the bill is discussed in thoroughness. There are different courses of action open at the second stage; (1) the bill may be taken into consideration at once; (2) the Bill may be referred to a Select committee or a Joint committee of the House (3) the bill may be circulated for the purpose of eliciting public opinion on it. (c) Third reading of the Bill. This is the final reading which is more or less a formal affair. After the bill has been accepted by the House it is deemed to have been passed by the House. It is then transmitted to the other House where it has to pass through the same process. The other House has four alternatives before it. These are: (1) It may pass the bill with no amendment. In that case the bill will be deemed to have been passed by both houses. (2) It may pass the bill with amendments. In this case, the bill will be returned to the originating House. If the House which originated the bill accepts the bill as amended by the other House, it will be deemed to have been passed by both Houses. However if the originating house does not agree to the amendments made by the other House and if there is final disagreement as to the amendments between the two Houses the President may summon a joint sitting of the two Houses to resolve the deadlock (3) It may reject the bill altogether. Then the President may under Art 108 summon a joint sitting to resolve the deadlock; (4) It may take no action on the Bill by keeping it lying on its table. In such a case if more than six months elapse from the date of reception of the bill, then it is deemed that there this a deadlock between the two Houses and the President may summon a joint sitting of the Parliament.
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PRESIDENT’S ASSENT
After the bill has passed through both the Houses or through a joint sitting of the Parliament or it is ratified by not less than half of the state legislatures as the case may be, it is presented to the President for his assent. If it is a Money Bill or a

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Constitutional Amendment bill, he has to give his assent to the bill. But in case of a bill other than these two, the President may return the bill for the reconsideration of the Parliament with his recommendation. If the Bill is passed by both the Houses again, with or without amendment as recommended by the President, it is sent to the President for the second time. At this stage the President cannot withhold his assent. The bill after receiving the assent of the President becomes an Act.

SPECIAL PROCEDURE WITH RESPECT TO MONEY BILL
If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this respect cannot be questioned in a court of law. A money bill cannot be introduced in the Rajya Sabha. It cannot be introduced without the recommendation of the President. After it is passed by the Lok Sabha it is transmitted to the Rajya Sabha. The Rajya Sabha cannot reject or amend a money bill by virtue of its powers. It has only a recommendatory role to play in the passing of a Money bill. After receiving a money bill from the Lok Sabha, the Rajya Sabha within a period of 14 days must return the bill to the Lok Sabha with or without the recommendations. After the Money Bill is passed by the Parliament it is presented to the President for his assent. The President cannot send back a money bill to the reconsideration of the Parliament; he shall give his assent.

SPECIAL PROCEDURE WITH RESPECT TO FINANCIAL BILL
A financial bill can be introduced only in the Lok Sabha, that too on the recommendations of the President. However the Rajya Sabha has equal powers to reject or amend it. The President may also send a financial bill for the reconsideration of the Parliament once.
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PARLIAMENT’S CONTROL OVER THE FINANCIAL SYSTEM
The financial system consists of two branches, viz., revenue and expenditure. Article 265 states that no tax can be levied or collected without the sanction of the Parliament. All the revenue and loans raised by the authority of law are paid into the Consolidated Fund of India. Under Article 266 no money can be withdrawn or spent or appropriated from the Consolidated Fund of India without the sanction of the Parliament. The Parliament thus controls the revenue expenditure and appropriation of government funds.

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THE BUDGET
The budget is the annual financial statement of the government. It is a government bill and is classified as a Money Bill. It is presented to the Lok Sabha upon the recommendation of the President The budget is a statement of the estimated receipts and expenditures of the government of India for the following financial year. All the expenditures approved through various demands for grants and expenses charged on the Consolidated Fund of India, are then presented in the form of a single bill called the Appropriation Bill. The proposals for taxation to raise revenue are presented in the form of ‘Financial Bill’

CONSOLIDATED FUND OF INDIA- It is a fund to which all the revenue, loans raised and income of the Government of
India are deposited. Charged expenditures are expenditures that do not require the approval of the Parliament to be spent out of the Consolidated Fund of India.

CONTINGENCY FUND OF INDIA- This fund was created in 1950 by an act of Parliament on the basis of
powers provided under Art 267. It has a limit of 50 cores. It is placed at the disposal of the President to meet unforeseen expenditures where the Parliament’s approval cannot be obtained owing to time factor.

QUESTION HOUR. Normally the first hour of the business of a house every day is devoted to questions and is
called question hour.

ADJOURNMENT MOTIONS An adjournment motion is an extra- ordinary procedure which if admitted leads to CALL- ATTENTION MOTION- A Member of Parliament may with prior permission of the Speaker, call the attention of
a minister to any matter of urgent public importance and the minister may make a brief statement or ask for time to make a statement at a later hour or date.
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setting aside the normal business of the house for discussing a definite matter of urgent public importance.

NO - CONFIDENCE MOTION- A motion moved by a member to express lack of confidence in the Government for any
reason. The motion, if allowed is debated upon. At the conclusion of such a debate, a vote of confidence is sought by the government and it fails to get the required majority of votes, it has to resign.

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The State Executive
The executive at the state level has been modeled on the central pattern. It consists of the Governor, the Council of Ministers and the Chief Minister.

THE GOVERNOR
The executive power of the state is vested in the Governor and all the executive action of the state has to be taken in the name of the Governor. Normally there is a governor for each state but it is possible to appoint the same person as Governor for two or more states.

APPOINTMENT, TERM OF OFFICE AND QUALIFICATIONS
The Governor is appointed by the President and holds office during the pleasure of the President. The Governor is appointed for a term of five years. However, he can relinquish his office earlier by tendering his resignation to the President. The President can also remove him from office before the expiry of his term.

TO BE ELIGIBLE FOR APPOINTMENT AS GOVERNOR A PERSON
(1) must be a citizen of India (2) must have completed 35 years of age (3) should not be a member of either house of Parliament or the State legislature (4) must possess the qualifications prescribed for membership of the state legislatures (5) must not hold any office of profit.

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Powers and Functionsthe Constitution vests quite extensive powers in the Governor and he is expected to exercise
on the advice of the Council of Ministers.

(1) EXECUTIVE POWERS

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The governor is the executive head of the state and all executive actions of the State are taken in his name. He also appoints all important officials of the state including the Chief Minister ministers advocate general, chairman and members of the state public service commission.

(2) LEGISLATIVE POWERS
The Governor is a part of the State Legislature. He has the power to (a) summon or prorogue either house of the state legislature and dissolve the state legislative assembly (b) address the first session of the state legislature after the general elections (c) send messages to the state legislature on bills pending before it (d) appoint one- sixth of the members of the legislative council (e) he can appoint one member from the Anglo- Indian community to the state legislative assembly if in his opinion this community is not adequately represented in that house. (f) give assent to the bills passed by the state legislature (g) reserve certain bills passed by the legislature for the assent of the President (h) make laws through ordinances during the recess of the state legislatures

(3) FINANCIAL POWERS
He ensures that the budget of the state is laid before the state legislature every year. All money bills can be introduced in the state legislature only on the recommendation of the Governor. The Governor administers the Contingency Fund of the State and can advance money out of it to meet unforeseen expenditure pending its authorization by the legislature.

(4) JUDICIAL POWERS
The Governor is consulted by the President while appointing the Chief Justice and judges of the state High Court. He appoints judges of courts below the high court. Like the President, the Governor has the power to grant pardons, reprieves, respites or remissions of punishment to persons convicted of an offence against state laws.

(5) EMERGENCY POWERS
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The Governor has the power to make a report to the President whenever he is satisfied that a situation has arisen in which government of the state cannot be carried on in accordance with the provisions of the Constitution (Art 356) thereby inviting the President to assume to himself the functions of the government of the state or any of them. When the state is placed under President’s rule the Governor acts as the representative of the President in the state and assumes extensive powers.

CHIEF MINISTER

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The Governor is assisted in the discharge of his functions by a Council of Ministers headed by the Chief Minister. The Chief Minister is appointed by the Governor. Generally the leader of the majority party in the state assembly is appointed Chief Minister, who holds position identical to that of the Prime Minister at the center. He enjoys a term that runs parallel to that of the state legislature. The Chief Minister recommends to the Governor the names of persons to be appointed as members of the Council of Ministers and allocates portfolios among them. The Chief Minister is the chief link between the Governor and the Council of Ministers and keeps the former informed of all decisions of the council.

COUNCIL OF MINISTER
The Council of Ministers which has been provided by the constitution to aid and assist the Governor consists of the Chief Minister and other ministers. While the minister is appointed by the Governor, the other members are appointed by the governor on the advice of the Chief Minister. Any person can be appointed as a minister but he ceases to be a minister if he is not elected as a member of the State legislature within six months after his appointment as a Minister. The Council of Ministers is collectively responsible to the Vidhan Sabha

ADVOCATE – GENERAL
The Advocate General is the first law officer of a state. The office corresponds to the office of the Attorney General of India and enjoys similar function within the state. He is appointed by the Governor and holds office during the pleasure of the Governor. A person who is qualified to be appointed as a judge of a high court can only be appointed as Advocate General. He has the right to participate in the proceedings of the houses of state legislatures without the right to vote and has the right of audience in any court in the State.

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State Legislature
The Constitution provides for a Legislature for every state. The legislature of every state consists of the Governor and one or two Houses. The legislatures in the state are either bicameral (consisting of two Houses) or unicameral (consisting of one House). The lower House is

always known as the Legislative Assembly (Vidhan Sabha) and the Upper House wherever it exists as the Legislative Council (Vidhan Parishad). At present only five states have a bicameral legislature- Bihar, Jammu & Kashmir, Karnataka, Maharashtra and Uttar Pradesh. All other states have only one house. The Legislative Councils can be created or abolished in a state by
the Parliament under Art. 169. by a simple procedure. If the Legislative Assembly of the state passes a resolution by a majority of the total membership of the Assembly and by a majority of not less than two-third of the members present and voting, the Parliament may approve the resolution by a simple majority.

COMPOSITION OF THE HOUSES
LEGISLATIVE ASSEMBLY
This is the popular House of the State Legislature and consists of directly representatives of the people. It is popularly known as Vidhan Sabha. The strength of the legislative assembly varies from 60 to 500 in different states according to the population. However the

legislative assembly of Sikkim has only 32 members. The members of the assembly are chosen directly by the people on the basis
of adult franchise from territorial constituencies in the state. In the Legislative Assembly of every state, seats are reserved for the Scheduled Tribes and Scheduled Castes on the basis of population. If a Governor of a State is of the opinion that the Anglo- Indian community is not adequately represented in the Legislative Assembly he may nominate one member of that community to the Assembly as he considers appropriate.

TENURETENURE-The normal tenure of the Legislative Assembly of every state is of five- years but it may be dissolved earlier by the Governor. Likewise its term can be extended by one year at a time by the Parliament during national emergency. QUALIFICATIONS
A person can become a member of the Legislative Assembly only if he

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(1) is a citizen of India (2) is more than 25 years of age (3) does not hold any office of profit under the state or central government (4) possesses such other qualifications as may be prescribed by law. If any question arises as to whether a member of a House of the Legislature of a state has become a subject to disqualification the question shall be referred for the decision of the Governor and his decision shall be final.

OFFICERS
A Legislative Assembly shall have its Speaker and Deputy Speaker elected from among its members.

LEGISLATIVE COUNCIL
It is the Upper House of the State Legislature and contains various categories of members. It is popularly known as Vidhan Parishad. The membership of the Council shall not be more than one third of the membership of the legislature but not less than 40. Broadly speaking 5/6 of the total number of members of the council shall be indirectly elected and 1/6 will be nominated by the Governor. Thus

(a) 1/3 of the total number of members of the council shall be elected by electorates consisting of members of local bodies, such as municipalities, district boards; (b) 1/12 shall be elected by electorates consisting of graduates of three years standing residing in that state; (c) 1/12 shall be elected by electorates consisting of persons engaged for at least three years in teaching in educational institutions within the State not lower in standard than secondary schools
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(d) 1/3 shall be elected by the members of the legislative assembly from amongst persons who are not members who are not members of the Assembly. (e) 1/6 are to be nominated by the governor from persons having special knowledge or practical experience in Literature, Science, Art, Co-operative movement and social service.

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TENURE- The Legislative Council is not subject to dissolution but after every two years, one-third of its members retire. QUALIFICATIONS- A person to be a member of the Legislative Council (1) must be a citizen of India (2) must be more than 30 years of age (3) must not hold any office of profit under the State or Union Government (4) must possess such other qualifications as may be prescribed by Parliament

OFFICERS –The Legislative Council of each state elects its Chairman and Deputy Chairman from among its members. Like the Vice- President the Governor
is not the ex-officio Chairman of the Legislative Council.

SESSIONS OF THE LEGISLATURE- the State Legislature must meet at least twice a year and the interval between any two sessions should not be
more than six months.

LEGISLATIVE PROCEDURE
The legislative procedure in a state having a unicameral legislature is simple. All bills originate in the single chamber, i.e., the legislative assembly and when duly passed are presented to the Governor for his assent. But in case of a bicameral legislature, the procedure is slightly different from that of the Parliament. If the Vidhan Sabha rejects a bill which originated in the Vidhan Parishad, then that is the end of the bill. In case of Money bills, the procedure followed is exactly similar to that of the Parliament. But in case of a financial or ordinary bill, when the bills passed by the Vidhan Sabha, it is transmitted to the Vidhan Parishad. If the Upper House:(a) rejects the bill outright, or (b) suggests amendments which are not acceptable to the Vidhan Sabha, or (c) does not act upon the bill for three months, then the bill is referred back to the lower house. If the Vidhan Sabha passes the bill for the second time, then it is retransmitted to Vidhan Parishad and (1) at the expiry of one month period, or (2) the bill is rejected by the Parishad or (3) the bill is passed by the Parishad with amendments to which the Vidhan Sabha does not agree, then the bill is deemed to have been passed by both Houses and is presented to the Governor for his assent. The Upper House does not enjoy equal powers with the lower house and on its own cannot amend a bill. It can only delay the passage of a bill for a maximum period of four months. There is no provision for a joint sitting of the State Legislature to resolve a deadlock over the passage of a bill. It is the will of the Vidhan Sabha which prevails, ultimately.

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Indian Federalism and Center State Relations
The Constitution provides a federal system of government in the country even though it describes India as ‘a Union of States’. The term implies that firstly, the Indian federation is not the result of an agreement between independent units, and secondly, the units of Indian federation cannot leave the federation. The Indian Constitution contains federal and non- federal features.
FEDERAL FEATURES

The federal features of the Constitution include:
(1) A written constitution which defines the structure, organization and powers of the central as well as state governments (2) A rigid constitution which can be amended only with the consent of the states (3) An independent judiciary which acts as the guardian of the constitution. (4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list (5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc. NON – FEDERAL FEATURES
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The Constitution also contains a number of unitary features:
(1) The creation of a very strong centre (2) The absence of separate constitutions for the states (3) The right of Parliament to amend major portions of the constitution by itself (4) A single citizenship for all (5) Unequal representation to the states in the Rajya Sabha (6) The right of Parliament to change the name, territory or boundary of states without their consent

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(7) The presence of All- India Services which hold key positions in the Centre as well as the States appointment of the Governor by the President (8) The granting of extensive powers to the President to deal with various kinds of emergencies (9) The right of Parliament to legislate on state subjects on the recommendation of the Rajya Sabha (10) The presence of a single judiciary with the Supreme Court of India at the apex (11) The residuary powers under the Indian Constitution are assigned to the Union and not to the States. (12) The exclusive right of Parliament to propose amendments to the Constitution. (13) On account of the presence of a large number of non- federal features in the Indian Constitution India is often described as a ‘quasifederal ‘country.

CENTRE – STATE RELATIONS
Relations between the Union and States can be studied under the following heads
(a) Legislative Relations- the Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List.

Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on current subjects. In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails. Residuary powers rest with the Union government. Parliament can also legislate on subjects in the State list if the

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• The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph, foreign trade etc. • The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include public order, police, administration of justice, prison, local governments, agriculture etc. • The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economic and special planning trade unions, electricity, newspapers, books, education, population control and family planning etc.

Rajya Sabha passes a resolution by two-third majority that it is necessary to do so in the national interest. During times of emergency, Parliament can make laws on subjects in the State List. Under Article 356 relating to the failure of constitutional machinery in the state; Parliament can take over the legislative authority of the state. Likewise, for the implementation of international treaties or agreements, Parliament can legislate on state subjects. Finally, Parliament can make laws on subjects in the State list if two or more states make a joint request to it to do so. Thus, the Centre enjoys more extensive powers than the states.
(b) Administrative relations- The Indian Constitution is based on the principle that the executive power is co-

extensive with legislative power, which means that the Union executive/the state executive can deal with all matters on which Parliament/state legislature can legislate. The executive power over subjects in the Concurrent list is also exercised by the states unless the Union government decides to do so. The Centre can issue directives to the state to ensure compliance with the laws made by Parliament for construction and maintenance of the means of communications declared to be of national or military importance, on the measures to be adopted for protection of the railways, for the welfare of the scheduled tribes and for providing facilities for instruction in mother tongue at primary stage to linguistic minorities. The Centre acquires control over states through All India Services, grantsin- aid and the fact that the Parliament can alone adjudicate in inter- state river disputes. During a proclamation of national emergency as well as emergency due to the failure of constitutional machinery in a state the Union government assumes all the executive powers of the state.
(c) Financial Relations – Both the Union government and the states have been provided with independent sources of revenue by the

Constitution. Parliament can levy taxes on the subjects included in the Union list. The states can levy taxes on the subjects in the state list. Ordinarily, there are no taxes on the subjects in the Concurrent List. In the financial sphere also the States are greatly dependent on the Centre for finances. The Centre can exercise control over state finances through the Comptroller and Auditor General of India and grants. But during financial emergency the President has the power to suspend the provision regarding division of taxes between the centre and the states.
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FINANCE COMMISSION –One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between the Centre and the states is the Finance Commission. The Finance Commission according to Article 280 of the Constitution is constituted by the President once every five year and is a high- power body. The duty of the Commission is to make recommendations to the President as to:

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(a) The distribution between the union and the states of the net proceeds of the taxes which are to be divided between them and the allocation between the states themselves of the respective share of such proceeds; (b) The principles which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India. COFEDERALISM CO- OPERATIVE FEDERALISM The Indian Constitution provides for a number of mechanisms to promote co-operative federalism. Article 263 empowers the President to establish Inter-State Council to promote better co-ordination between the Centre and States. INTER -STATE COUNCIL was formally constituted in 1990. It is headed by the Prime Minister and includes six Cabinet ministers of the Union and Chief Ministers of all the states and union territories. ZONAL COUNCILS were set up under the State Re-organization Act, 1956, to ensure greater cooperation amongst states in the field of planning and other matters of national importance. The act divided the country into six zones and provided a Zonal Council in each zone. Each council consists of the Chief Minister and two other ministers of each of the states in the zone and the administrator in the case of the union territory. The Union Home Minister has been nominated to be the common chairman of all the zonal councils.

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Union Territories and Jammu and Kashmir
At present there are seven Union Territories namely, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Delhi, Daman and Diu, Laksha dweep, and Pondicherry. These areas have been placed under the control of the central government for different reasons such as cultural distinctiveness, strategic importance or due to political and administrative considerations. Administration
There is no uniform system of administration in the Union Territories. Parliament has been vested with the power to prescribe the structure of administration in the various Union Territories. The administrators of Union Territories are variously

known as Lieutenant Governors, Chief Commissioners or Administrators. Similarly some Union Territories have Legislative Assemblies and Councils of Ministers such as Daman & Diu, Pondicherry and Delhi. In Union
Territories with legislative assemblies, the right to legislate on subjects enumerated in the State list and Concurrent list vests with the Assembly. In respect of other Union Territories the laws are enacted by the Parliament.

SPECIAL STATUS OF JAMMU AND KASHMIR
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Article 370 of the Indian Constitution accords special status to the state of Jammu & Kashmir. The Constitution specifically
stipulates that the provisions with respect to the state of Jammu & Kashmir are of purely temporary nature. The article was incorporated in the Constitution in pursuance of the commitment made by Nehru to Maharaja Hari Singh in October 1947 at the time of signing the Instrument of Accession of Jammu & Kashmir to India.

The following are some of the features of the special relationship between the Union of India and Jammu & Kashmir:

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(1) Jammu & Kashmir has its own Constitution which was framed by a special Constituent Assembly set up by the state and came into being on the 26th January, 1957 (2) The Parliament cannot make law with regard to Jammu &Kashmir on subjects in the State List (3) The residuary power lies with the Legislature of Jammu &Kashmir and not with the Parliament. (4) It follows dual citizenship. Only the citizens of Jammu & Kashmir can take part in the elections to the State Assembly and acquire, own and dispose of immovable property in Jammu & Kashmir. (5) The Parliament cannot change the name, boundary or territory of Jammu & Kashmir, without the concurrence of the State Legislature. (6) Only national emergency proclaimed on grounds of war or external aggression shall have automatic extension to Jammu & Kashmir. National emergency proclaimed on the basis of armed rebellion shall not be automatically extended to Jammu & Kashmir. (7) Apart from the President‘s rule, Governor’s rule can also be imposed for a maximum period of six months, in case of constitutional breakdown in the state. (8) The Union has no power to proclaim a financial emergency to Jammu & Kashmir. (9) Part IV and IVA of the Constitution relating to the Directive Principles of State Policy and the Fundamental Duties are not applicable to of Jammu & Kashmir.

The High Court of Jammu & Kashmir enjoys very limited powers. It cannot declare any law unconstitutional or issue writs, except for the enforcement of the Fundamental Rights.

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SUPREME COURT
Though India is a federal system, India has opted for a unified and single judiciary and a single integrated system of courts for the Union as well as the States. The Supreme Court stands at the apex of the judicial system of India. It consists of a Chief Justice and 25 other judges.

APPOINTMENT – The Chief Justice of the Supreme Court is appointed by the President with the consultation of such judges
of the Supreme Court and High Courts as he may deem necessary for the purpose. The other judges of the Supreme Court are appointed by the President with the consultation of Chief Justice.

QUALIFICATIONS OF JUDGES
A person to be qualified for appointment as a judge of the Supreme Court must be:
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(a) Be a citizen of India, and (b) Have been a judge of a High Court or two or more such courts in succession for at least five years or (c) Have been an advocate of a high court or two or more such courts in succession for at least ten years or (d) A distinguished jurist in the opinion of the President.

TENURE AND SALARY
A judge of the Supreme Court vacates his office on attaining the age of sixty-five years or by resignation addressed to the President or by removal by the President upon a resolution passed by both Houses of Parliament supported by a majority of the total membership of that House and by a majority of not less than two- thirds of the members present and voting on the ground of

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proved misbehavior or incapacity. The Chief Justice of India gets a salary of Rs. 33,000 and other Judges Rs. 30,000 per month.

SEAT- the Supreme Court normally sits at New Delhi. INDEPENDENCE OF SUPREME COURT JUDGES
The Constitution has made provisions to ensure the independence of judges
(1) The salaries and allowances of judges have been charged on the Consolidated Fund of India and are not subject to a vote of Parliament (2) The salaries and other service conditions of judges cannot be changed to their disadvantage during their tenure. (3) The conduct of a judge of the Supreme Court cannot be discussed in the Parliament, except on the resolution for the removal of a judge. (4) The President shall have to consult the Chief Justice of India before appointing a person as a judge of Supreme Court. (5) Once appointed, a Judge of the Supreme Court can only be removed from office by the President on the basis of a resolution passed by both the Houses of the Parliament with a majority of the total membership and a majority of not less than two-thirds of the members present and voting in each house, on grounds of proved misbehavior or incapacity of the judge in question. (6) After retirement, a judge of the Supreme Court is prohibited from practicing or acting as a judge in any court or before any authority in India.

appellate, advisory and revisory jurisdiction.

(a) ORIGINAL JURISDICTION The original jurisdiction of the Supreme Court is purely federal in character, and it has exclusive JURISDICTIONauthority to decide any dispute: (1) disputes between the Centre and one or more states

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JURISDICTION OF THE SUPREME COURT- The jurisdiction of the Supreme Court are five-fold., original, writ,

(2) disputes between the Centre and any state or states on the one hand and one or more states on the other (3) disputes between two or more states (b) WRIT JURISDICTION Art 32 confers jurisdiction on the Supreme Court to enforce the Fundamental Rights. Under this JURISDICTIONArticle every individual has a right to move the Supreme Court directly by appropriate proceedings for the enforcement of his Fundamental Rights. The power to issue writs for the enforcement of the Fundamental Rights is given by the Constitution to the Supreme court and High courts. (c) APPELLATE JURISDICTION The Supreme Court is the highest court of appeal and its writs and decrees run throughout the JURISDICTION ONcountry. Broadly speaking, four types of cases fall within the appellate jurisdiction of the Supreme Court-constitutional, civil, criminal and such other cases where it may grant special leave to appeal. Generally, appeals can be taken to the Supreme Court if the case involves a substantial question of law regarding interpretation of Constitution or if it involves a substantial question of law of general importance. (d) ADVISORY JURISDICTION under art 143 of the Constitution the Supreme Court renders advice to the President on any JURISDICTIONmatter of law or fact whenever he seeks such advice. However, the advice is not binding on the President. (e) REVISORY JURISDICTION JURISDICTION ON-The Supreme Court under art 137 is empowered to review any judgment or order made by it with a view to removing any mistake or error that might have crept in the judgment or order. (f) COURT OF RECORD The Supreme Court is a court of record and its records are admitted to be to be of evidentiary value RECORDand cannot be questioned in any court. As a court of record it also enjoys the power to punish for its contempt.

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Supreme Court and Judicial Review
The Supreme Court in India has been vested with the power of judicial review. Judicial review can be defined as the competence of a court of a law to declare the constitutionality or otherwise of a legislative enactment. It can ensure that the laws passed by the legislature and the orders passed issued by the executive do not contravene any provision of the Constitution. If they go against any provision of Constitution, it can declare them unconstitutional or null and void.

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HIGH COURT
The judiciary in states consists of a High Court and subordinate courts. The Parliament can, however, establish by law a common High court for two or more such states, or for one or more states and one or more union territories. JUDGES. APPOINTMENT OF JUDGES.
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time appoints. The Constitution, unlike in the case of the Supreme Court does not fix any maximum number of Judges of a High Court but leaves it to the President . The President has the power to appoint: (1) Additional judges for a temporary period , not exceeding two years, for the clearance of arrears of work in a High Court. (2) An acting judge when a permanent judge of a high court is temporarily absent or unable to perform his duties. An acting judge holds office until the permanent judge resume his office, but neither an acting judge nor an additional judge can hold office until the age of 62 years. The Chief Justice of a high court is appointed by the President in consultation with the Chief Justice of India and the Governor of the concerned state. The judges of High Court are appointed by the President in consultation with the Governor of the state, the Chief Justice of India and the Chief Justice of the High Court.
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QUALIFICATIONS – To qualify for appointment as a Judge of the High Court, a person:

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(1) must be a citizen of India (2) should have been an advocate of a High court or two or more such courts in succession for at least 10 years ; or should have held judicial office for at least in Indian territory for a period of at least 10 years

TERM
The Judges of the High Court hold office till they attain the age of 62 years Their term can be cut short due to resignation or removal by the President on grounds of proved misbehavior or incapacity. The President can remove a Judge of the High Court from his office only if the Parliament passes a resolution by a two-third majority of its members and voting in each house, requesting him to remove the judge.

INDEPENDENCE OF THE JUDGES
As in the case of the Judges of the Supreme court, the Constitution seeks to maintain the independence of the Judges of the High Court’s by a number of provisions: (a) by laying down that a Judge of the High Court shall not be removed, except in the manner provided for the removal of a Judge of the supreme court; (b) by providing that the expenditure in respect of the salaries and allowances of the Judges shall be charged on the Consolidated fund of State, (c) the salaries and allowances payable to Judges of High Courts cannot be changed to their disadvantage after appointment except during a financial emergency. (d) the conduct of Judges of the High Court cannot be discussed in Parliament except on a motion of resolution for the removal of a Judge (e) after retirement a permanent Judge of High Court shall not plead in a court or before any authority of India except in the Supreme court and a High Court other than the High Court in which he held office.

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ANOTHER TRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANOTHER-

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The Constitution, under Article 222 empowers the President, after consultation with the Chief Justice of India to transfer a Judge from one High Court to another. JURISDICTION OF THE HIGH COURT’S
(a) ORIGINAL JURISDICTION(1) For the High Courts of Calcutta, Bombay and Madras- civil cases of value exceeding Rs. 2,000, criminal cases referred by the Presidency Magistrates and cases relating to admiralty, will , divorce, marriage , company laws and contempt of court (2) settlement of disputes relating to the election of members to Union and state legislatures (b) APPELLATE JURISDICTION – As courts of appeal all High Courts entertain appeals in civil and criminal cases from their subordinate courts as well as from their original side. They have, however no jurisdiction over tribunals established under the law relating to the armed forces of the country. (c) WRIT JURISDICTION – Under Article 226 of the Constitution the High Courts are given powers of issuing writs for the enforcement of Fundamental Rights and for other purposes. (d) ADMINISTRATIVE – (1) Superintendence and control over subordinate courts, (2) Calling from subordinate courts returns and issuing general rules to regulate their proceedings etc. (3) withdrawing a case from a subordinate court and sending it back after deciding a substantial question of law (4) Appointment of Staff and making of rules and regulations for their service conditions. Article 227 empowers High Courts to exercise superintendence over all courts and tribunals, except those dealing with the Armed Forces
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Electoral System
The electoral system of India is largely based on the British pattern. Parliament has passed a number of laws to regulate the electoral system. Some prominent laws enacted by the Parliament include Representation of People’s Act, 1950, Representation of People’s Act 1951 etc. The main features of the electoral system are; (1) It is based on universal adult franchise, which means that all citizens above the age of 18 years are entitled to take part in elections provided they have registered themselves as voters and fulfill certain conditions . (2) There is a single electoral body and the system of communal representation has been done away with. (3) Representation is based on the territorial principle. Elections are held on the basis of single member constituencies.

ELECTION COMMISSION
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The Constitution provides for an independent Election Commission to ensure free and fair elections. The Election Commission consists of a Chief Election Commissioner and such other commissioners as the President may decide from time to time. In October 1993 the Government promulgated an Act which provided for the appointment of Election Commissioners. At present there is a Chief Election Commissioner and two other Election Commissioners who are appointed by the President for a five year term. The term can be cut short on account of resignation or removal by the President on grounds of proved misbehavior or incapacity on the recommendations of the Parliament.

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FUNCTIONS OF THE ELECTION COMMISSION

(1) To superintend, direct and control elections to the Parliament and the state legislature (2) to conduct elections of the post of the President and Vice President (3) to lay down general rules for elections (4) to determine constituencies and to control the preparations of electoral rolls, allot symbols to recognized political parties (5) to settle any disputes arising in connection with the elections (6) conduct counting and declare results (7) postpone or countermand elections for specific reasons.

Local Government – Panchayats
Panchayats Raj is an important feature of the Indian political system which ensures the direct participation of people at the grass roots level. After independence the framers of the Constitution decided to give them importance and under Article 40 of the Directive Principles directed the states to “organize village Panchayats as units of self government”. A number of committees were appointed like the Balwantrai Mehta committee and Ashok Mehta committee to suggest measures for the improvement of the working of Panchayat Raj institutions. The Constitution passed the 73rd and 74th Amendment Acts, 1992 which was related to working of Panchayats and Municipalities.

The Constitution envisages a three-tier system of Panchayats namely:
(a) The village level; (b) The District Panchayat at the district level; (c) The Intermediate Panchayat which stands between the village and district Panchayats in the States where the population is above 20 lakhs.

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All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area. The electorate has been named Gram Sabha consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Panchayat. Seats shall be reserved for Scheduled Castes and Scheduled Tribes and woman. A State may by law make provision for similar reservation of the offices of Chairpersons in the Panchayats at the village and other levels. The Chairperson is elected according to the law passed by the State.
DURATION OF A PANCHAYAT: Each Panchayat shall continue for five years from the date of its first meeting. But it can be dissolved earlier in accordance with the procedure prescribed by State Law. QUALIFICATIONS FOR MEMBERSHIP: All persons who are qualified to be chosen to the State Legislature shall be qualified to be chosen as a member of Panchayat. The only difference is that a person who has attained the age of 21 years will be eligible to be a member of a Panchayat. POWERS AND FUNCTIONS OF PANCHAYATS State Legislatures have the legislative power, to confer on the Panchayats such powers and authority as may be necessary to enable them to function as institutions of self- government. They may be entrusted with the responsibility of: (a) Preparing plans for economic development and social justice, (b) Implementation of schemes for economic development and social justice (c) In regard to matters listed in the Eleventh Schedule. This Schedule contains 29 items, e.g., land improvement, minor irrigation, animal husbandry, fisheries, education, woman and child development. A State may by law authorize a Panchayat to levy, collect and appropriate taxes, duties, tolls etc.
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A State Election Commission consisting of a State Election Commissioner is to be appointed by the Governor to conduct elections to the Panchayats. Any question with respect to elections shall be referred to such authority as the State Legislature may provide by law. Courts will have no jurisdiction in this matter.

MUNICIPALITIES

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Institutions of self- government in urban areas are called by a general term Municipalities. They are of three types: (a) Nagar Panchayat, for a transitional area, i.e., an area which is being transformed from a rural areas to an urban area (b) Municipal Council for a smaller urban area (c) Municipal Corporation for a larger urban area

COMPOSITION OF MUNICIPALITIES – The members of a municipality would generally be elected by direct election.
The Legislature of a State may by law provide for representation in a municipality of: (1) persons having special knowledge or experience in municipal administration (2) members of Lok Sabha ,State Assembly, Rajya Sabha and Legislative Council, and (3) the Chairpersons of Committees . Seats are too reserved for the Scheduled Castes and Scheduled Tribes as well as for woman. For one or more wards comprised within the territorial area of a municipality having a population of three lacs or more it would be obligatory to constitute Ward Committees.

DURATION OF MUNICIPALITIES – Every municipality shall continue for five years from the date of its first
meeting. But it may be dissolved earlier according to law.

QUALIFICATIONS FOR MEMBERSHIP – All persons who are qualified to be chosen to the State Legislature shall
be qualified for being a member of the municipality. There is an important difference. Persons who have attained the age of 21 years will be eligible to be a member while for election to the state legislature a person must have attained the age of 25 years.
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POWERS AND RESPONSIBILITIES OF MUNICIPALITIES – Legislatures of States have been conferred the
power to confer on the Municipalities all such powers and authority as may be necessary to enable them to function as institutions of self-government. It has been specially been mentioned that they may be given the responsibility of: (a) preparation of plans for economic development and social justice, (b) implementation of schemes as may be entrusted to them, and (c) in regard to matters listed in the 12th Schedule. This schedule contains 18 items, e.g., urban planning, regulation of land use, roads and bridges, public health etc. A State Legislature may by law authorize a Municipality to levy, collect and appropriate taxes, duties, tolls etc.

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The State election commission shall have the power to conduct elections to Municipalities. Any doubts with respect to elections will be examined by any authority as prescribed by the state legislature. The courts will have no jurisdiction in this matter. Apart from giving constitutional reorganization to Municipalities the 74th Amendment lays down that in every state two committees shall be constituted. (1) At the district level a District Planning Committee (2) In every metropolitan area a Metropolitan Planning Committee

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