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INDIAN CONSTITUTION

Short Questions
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Why the Framers of Indian Constitution chose Federalism ?
The framers of Indian Constitution turned to federalism as a solution to a number of problems they faced in their attempt to frame a constitution of independent India. They wanted to preserve both the unity and diversity that animated the length and breadth of India. For the resolution of the constitutional problem of a multi- racial, multi - lingual and multi - communal Constitution ? ble of Indian country like India je ctive What is Pream b odie d the ob with a vast area and C onstit ut ion em stituent of the ted by the Con The P re amb le ru. It was adop huge population, fedity of e Pandit Neh ance of the util resolution of th 47. The import eralism was of abiding the Supreme nuary 22nd 19 ral decisions of Assembly on Ja nature and in case of inted out in seve ourt held s been po the Supreme C the Preamble ha Bharathi ca se, a conflict in future bee was esavananda . The Preambl Court. In the K the Constitution tween unity and diverserted is a part of act 1976 and in that Preamble nd amendment sity preserved under the it. It declares Constitution 42 Integrity into amended by the constitution, the former Secular and MOCRATIC ialist, ECULAR, D E the wor ds Soc should prevail over the OCIALIST, S REIGN , S India a SOVE the other. In other words, it India on which REPUBLIC. thor ity outside au was their intention to cre: There is no Sovereign ate an indestructible undependent. ety through ay pattern of Soci country is anyw t of Socialistic ion. Achievemen Socialist : zen in eds. What is the role of against the citi democratic ne t discriminate no The state shall states in alteration of . Secular : ha ve the sis of religion ba the people only their areas, boundaany way on the lers elected by c : The ru ries or names ? Democrati ent. directly n the governm are directly or in authority to ru With regard to a Bill under ies of the State ditery. All the authorit d term, not here Republic : Article 3 of Indian Constiople for a fixe pe elected by the tution, there are two conditions : First condition states

that no Bill shall be introduced in either House of Parliament except on there now? the recommendation of chedules are icles & S an the president. Secondly, How many Art of today in Indi 12 schedules as ary where the proposal conarticles and to force on Janu There are 444 when it came in tained in the Bill affects the was 395 and 8 Constitution. It area, boundaries or name 26, 1950. of any of the states, the Bill has to be referred by Level Committee on Indian Diaspora under the President Legislature of the state for exthe chairmanship of LM Singhvi which pressing its views. The President specifies the recommended in its report to grant overseas period within which the State Legislature must Indian citizenship to the people of Indian express its views but he may extend the time origin. Based on the recommendations of the so specified. If the state legislature does not committee the Government of India made respond within the period specified the secprovisions for dual citizenship to the people ond condition laid down in the provision is of Indian origin by amending the part II of fulfilled. Also it is not necessary to make fresh the Indian Constitution, since the Constitution reference to the State Legislature every time of India does not allow holding Indian an amendment of the proposal contained in Citizenship and Citizenship of Foreign Country the Bill is proposed and accepted in accordsimultaneously. ance with the rules of procedure of parlia? Which are the Articles added by 42nd ment so long as the amendment is germane to the subject - matter of the original proposal Amendment ? or is not a direct negation thereof. Articles added by 42nd Amendment are Article 39 A : Equal justice and free legal aid What is PIO Card ? to the poor. The Government of India launched a comprehensive scheme for the persons of Indian origin called the PIO Card scheme. Under this scheme, persons of Indian Origin upto the fourth generation, settled throughout the world are eligible to have this card. The scheme came into effect on September 2007. The card holder can visit India without any visa for life long. The card is to be valid for 15 years. The persons of Indian origin from Pakistan and Bangladesh are not entitled for the card. PIO card holders will have similar benefits as NRIs in economic, financial and educational matters. But they are not allowed to have political rights. Article 43 A : Participation of workers in Management of industries Article 48 A : Protection and improvement of environment and safeguarding of forests and wildlife. Article 39 : Creation of opportunities for development of children.

Why indirect election of President was supported by the Framers of Indian Constitution ?
Indirect election of President was supported by the Framers of Indian Constitution on the following grounds. (a) Direct election by an electorate of some one billion of people would mean a tremendous loss of time, energy and money.

What is Singhvi Committee recommendation ?


The Government of India had appointed a High

Important Amendments
? What is the significance of 42nd Amendment ?
Amend. 42 (1976) Brought about drastic changes in the Indian Constitution. Because of its wide sweep and drastic nature, it came to be called a Mini Constitution. Its main provisions are 1) the words secular and socialist were added to the Preamble. 2) the primacy of Directive Principles over Fundamental Rights was ensured 3) restrictions were placed on the exercise of judicial review by the High Courts. It was laid down that the Supreme Court alone would be entitled to examine the constitutional validity of union laws. Amend. 44 (1978) The Right of Property, a fundamental right was taken away and it is only a legal right now. Amend. 56 (1987) Accorded the status of statehood to Goa. Provided a 40 member Legislative Assembly to Goa. Amend. 61 (1988) Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly elections. Amend. 71 (1992) Provides that the Konkani, Manipuri, and Nepali shall be included in the Eighth Schedule, thus raising the number of languages from 15 to 18. Amend. 73 (1992) Lead to the formation of Panchayati Raj. Amend. 74 (1992) Led to the formation of Nagar Palikas. Amend. 84 (2000) Relates to the creation of new states of Jharkhand, Chattisgarh and Uttaranchal. Amend. 86 (2002): Education - A fundamental right. Amend 92 : included 4 languages in the 8th Schedule; They are Bodo, Dogri, Maithili, Santhali

(b) Under the system of responsible Government introduced by the constitution, real power would vest in the ministry so it would be anomalous to elect the President directly by the people without giving him real powers.

What effect the 44th Amendment had on the President ?


After 44th Amendment, except in certain marginal cases referred to buy the Supreme Court, the President shall have no power to act in his discretion. He must act according to the advice given to him by the Council of Ministers headed by the Prime Ministers. If he refuses to act according to their advice he will be liable to impeachment for violation of the Constitution. This is subject to the new power of President to send the advance

received from the Council of Ministers in a particular case, back to them, for their reconsiderations ; and if the Council of Ministers adheres to their previous advice, the President shall have no option but to act in accordance with such advice. The power to return for reconsideration can be exercised only once, on the same matter.

How is the disputes relating to the election of President or Vice President dealt with ?
The disputes relating to the election of a President or Vice - President is death with in Article 71 as follows (i) Such disputes shall be decided by the Supreme Court whose jurisdiction shall be exclusive and final.

(ii) No such dispute can ground of any vacancy in the Electoral College which elected the President or Vice President. (iii) If the election of a President or the Vice - President is declared void by the Supreme Court, acts done by him prior to the date of such decisions of the Supreme Court shall not be invalidated.

be raised on the

mendm )/ Citizenship (A dian Origin (PIO h the passage of Wit to Person of In p s. However t dual citizenshi of their countrie decided to gran ect to the laws igrated tions, subj / NRIs, who m NRIs in 16 na ated that all PIO al citian Govt. st l be granted du in 2005 the Indi y 26, 1950, wil tely or after Januar in India indefini from India on a person to live s nefits of a itizenship allow can avail all be zenship. Dual C months). They , and be rd for 6 the right to vote (so far PIO ca ey can not have India However th n also travel to citizen of India. offices. They ca and inted to public n, Bangladesh, elected or appo s from Pakista tiHowever person ot have dual ci ay notify cann without a Visa. vt. m rm where try that the go ion is a platfo any other coun Divas celebrat It is celsi Bharatiya eir aspiration. zenship. Prava t and share th from Indians mee andhijis return PIO /NRIs and embrance of G January in rem ebrated on 9th (iv) Barring the decision of 1915. South Africa in such disputes, other matters relating to the The first category includes (a) freedom of election of President or Vice - President speech in each House of Parliament (b) may be regulated by the law made by Immunity from proceedings in any courts in Parliament. respect of anything said or vote given by a member in Parliament or any committee there What types of Parliamentary privileges of ; and (c) immunity from liability in respect are available in India ? of the publication by or under the authority of There are two categories of parliamentary either House of Parliament, of any report, privileges in India the specified and paper, votes or proceeding of either House. enumerated, and the recognised but In the second categories fall all those privileges unenumerated.

itizenship ? hat is Dual C India W ent) Act 2003,

Definition for the Systems of Government


Anarchy : A state of utter disorder or chaos created by the absence of a government. Autocracy : Absolute government in the hands of a single individual. Bureaucracy : The form of government by officials. Democracy : A government of the people, by the people, for the people. Gynarchy : Government by a woman or a set of women. Monarchy : The form of government by a king. Oligarchy : The form of government in which the supreme power lies in the hands of a privileged few. Plutocracy : The term of government run by the wealthy people. Democracy : A nation in which the supreme power vests with the representatives elected by popular vote. Theocracy : A political system run by the priests according to the jewels of an organised religion.

Significant years in Indian Constitution


1935 The Government of India Act 1935 prescribed a federation for India. 1946 The elections to the Constituent Assembly under the Cabinet Mission Plan. Dec. 9, 1946 The Constituent Assembly held its first meeting. Dec. 11. 1946 Dr. Rajendra Prasad was elected president of the Constituent Assembly. Nov. 26, 1949 Constituent Assembly approved the Constitution. Jan. 26. 1950 The Constitution of India came into force. 1952 The first general election (1951-1952) to the Lok Sabha was held. 1953 The first linguistic state of Andra Pradesh was created. 1959 Panchayat Raj was introduced in Rajasthan. 1962 First emergency declared. 1963 The first no confidence motion was moved in the Lok Sabha after independence. 1975 Emergency due to internal disturbances 1976 The Fundamental Duties of Indian citizens were incorporated in the Constitution. 1978 Through the 44 th amendment Right to Property has been deleted from the list of Fundamental Rights. 1989 Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly elections. 1991 Created the National Capital Territory of Delhi. 1992 Formation of present day Panchyati Raj. 1999 Extended the reservation of Scheduled Castes, Scheduled Tribes and Anglo Indians in Lok Sabha and State Assemblies for 10 more years ie. up to 2010. 2000 The creation of new states of Jharkhand, Chattisgarh and Uttaranchal. 2002 In the field of free and compulsory primary education for children Right to Education for Children has been made a Fundamental Right. e which were enjoyed by the House of commons of the Parliament of the United Kingdom and its members and committees, at the commencement of the constitution of India and would continue to be in force unless they are modified and defined by Parliament by law. Dissolution : Dissolution takes place when the President exercises his power under article 85 (2). It can be dissolved on the expirity of its term of five years of the terms as extended during a Proclamation of Emergency. Prorogation merely terminates session. Adjournment : Adjournment does not put an end to the existence of a session of parliament but it merely postpones the further transaction of business for a specified time, hours, days or weeks.

How can the sitting of a house be terminated ?


The sitting of a house may be terminated by (1) Dissolution (2) Prorogation and adjournment.

What is the difference between the pardoning power of the Governor and e Constitution for Writs in th the President ? Definition e body) us (To have th produce the

The President can authority to Habeas Corp to the detaining ther the der by a court pardon death sentence ay examine whe It is an or it, so that it m before while the Governor arrested person lly. detained lawfu cannot. The President person has been can pardon sentences unal or e command wer court or trib Mandamus (W rior court to a lo ty. inflicted by the court om a supe lls within its du It is an order fr an act which fa martial while the y to perform public authorit thority) Governor cannot. t warrant or au he is ranto (by wha office to which Quo War ting in a public public How many states in rson from ac mption of any It forbids a pe ent illegal assu India have a bicamery. is used to prev fice by anybod not entitled. It of any public of al legislature ? pation office or usur op) At present Legislative forbid or to st or a tribunal rohibition (to P a lower court Council exist in six states perior court to is popularly a su s jurisdiction. It It is issued by Andra Pradesh, Bihar, an act outside it perform forbidding it to Karnataka, Jammu and order. known as stay Kashmir, Maharashtra and tribunal be certified) Uttar Pradesh. Andhra inferior court or Certiorari ( to e Court to some ority for Pradesh abolished its upper e Suprem r superior auth It is issued by th or to some othe house in 1984 but again set matter to it to transfer the up a new legislative council ation. proper consider following the elections in 2007. Sabha do not take oath before assuming their When did Election Commission become respective offices. Both of them take oath as a multi - member authority ? members of the Lok Sabha along with other The Election Commission was established in members, before assuming membership of the 1950. From 1950 to October 1989, the House. Government of India appointed two extra ? What is the constitutional status of Election Commissioners to it. But these two Planning Commission ? posts of additional commissioners were Though constitution makes provision for the abolished on January 1, 1990. Later on setting up of various commissions for October 1, 1993 two more Election different purposes, it does not mention Commissioners were appointed. An anywhere about the Planning Commission. amendment was made in the concerned Act Thus Planning Commission is not a of 1991 providing equal powers, salaries and constitutional body. The Planning Commission allowances etc. for the appointed additional Election Commissioners. came into existence in March 1950 through a resolution of the Union Cabinet. It was set up Who administers oath to the Speaker as an advisory body for the planned socioand Deputy Speaker of Lok Sabha ? economic development of the country. Both the Speaker and Deputy Speaker of Lok

Definition for Parliamentary Terms


Question hour: The first hour of every sitting in both houses is devoted to asking and answering of questions. The questions which are asked in this hour needs a ten-day prior permission from the speaker. Starred Questions: Those questions which are to be answered orally on the floor of the house. Answer to such questions may be followed by supplementary questions by the members. Unstarred Questions: Answer to such questions are not given orally but in a written form. Therefore no supple-mentary questions can be asked. Short Notice Questions: This can be asked on matters of urgent public importance and with a notice shorter than the ten-days prescribed for an ordinary question. Zero Hour: The time immediately after the question hour. It starts at 12 noon which is the zero hour of the day. The name zero hour is given by the press; there is no mention of zero hour in the rules of the Parliament. Any question can be asked in this hour without prior permission. Motions: A proposal brought before the house for eliciting decisions or expressing the opinion of the house. Every question to be decided by the house must therefore be proposed by a member as a motion. Substantiative motion: It is a self contained independent proposal submitted for the approval of the house. For example, motion of thanks on the Presidents address. Substitute Motion: Motions moved in substitution of original motions. Resolution: It is a substantiative motion, but it is one of the procedural means available to the members and the ministers to raise a discretion in the house on the matters of general public interest. Adjournment Motion: This is moved by a member at the end of the question hour to draw the attention of the executive for the purpose of discussing a definite matter of urgent public importance. Call-Attention Motion: A member of Parliament with prior permission of the Speaker, calls the attention of a minister to any matter of urgent public importance .Instead of this motion in Rajya Sabha, Motion of Papers exists. 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 if it fails to get the required majority of votes, it has to resign. Privilege Motion: A motion moved by a member if he feels that a member has committed a breach of privilege of the house or only one or more of its members by withholding the facts of a case or by giving a distorted version of facts. Cut Motions: A motion that seeks reduction in the amount of a demand presented by the government is known as a cut motion. Censure Motion : Moved by the opposition against the Govt. or any individual minister. If the motion is passed in the Lok Sabha, the Govt. has to seek the confidence of the house. Vote on Account: As there is usually a gap between the presentation of the budget and its approval, the vote on account enables the government to approve some amount from the Consolidated Fund of India to meet the expenses in the intervening period.

If the Vice- President is unable to discharge his responsibilities for a time being, who will act as the Vice President during such periods ?

What is meant by the Doctrine of colourable Legislation ?


Sometimes, a Legislature may enact a law which is apparently within its authority and scope but in substance it violates it constitutional jurisdiction. In such legislation, the outlet form of law

As per the provisions of the Constitution, there is nothing like an acting Vice - President. The main function of the Vice - President is to act as the President when the latter is not able to dists Defined charge his responsibilicial Documen Off ity, the Vice - President e B o ok ? aining to a ? What is Blu does not have any funcdocument pert British official the tion in this respect. Blue Book is . Netherlands However the Vice particular issue. ........................ ........................ d China ...... President is also the Ex....... Portugal an Orange Book ... ........................ nce ............ Officio - Chairman of the ................... Fra White Book ...... ........................ ....... India ..................... Council of states. If the ........................ Yellow Book ... ........................ ............ Vice President is not disWhite Paper ... charging, his responsibilis not important ity as the Chairman of the where as its substance should be considered. Council of states the Deputy Chairman shall Such legislation or law is called colourable act as the Chairman of the Council of States. legislation. When the question of the validity of such law arises before the courts, they What are the matters with respect to apply the doctrine of colourable legislation and which a Bill needs a prior consent of declare the law as invalid.

the President before it is introduced in Parliament ?

A Bill related to the following matters, requires the prior consent of the President before it is introduced in Parliament. (a) Money Bills (b) Creation of new states or the alteration in the boundaries of states. (c) a proposal to expend money out of Consolidated Fund of India (d) a Bill that seeks to affect inter - state trade transactions. (e) a Bill which affects the interests of States with respect to taxation, or a Bill affecting the principles governing the allocation of central funds to States or a Bill which has the effect, of changing the term agriculture income for the purpose of Union Government.

Is Indian Parliament a Sovereign Body?


The Indian Parliament is not a Sovereign body because it is subject to the provisions of the Constitution. In other words, the Indian Parliament derives its authority and power from the constitution itself. There are two limitations on the sovereignity of parliament. First, Parliament can enact law with respect to only those matters which are enumerated either in the Union list or the Concurrent list. Second, the laws made by Parliament are also subject to the power of judicial review of the Supreme Court. That means if a law made by parliament goes against the provisions of the Constitution, income tax or a Bill seeking to impose surcharge on incomes for certain purposes of it can be declared null and void by the court.

his advice Minister and on The Prime eneral of India. a. Attorney G -General of Indi uding the ller and Auditor h Courts incl Comptro Court and H ig the Supreme ? How many types of Judges of Chief Justice. Veto Power are there ? itories. tes. s of Union Terr over nors of Sta G There are four types of Commissioner Governors and Vetoes Lieutenant ission. Finance Comm ommission. Members of 1. Absolute Veto : ublic Service C e Election of the Union P Members r members of th Refusal of assent to any er and othe ion Commission bill. The bill cannot become Chief Elect r tribal areas. law, not with standing any Commission. castes and othe r the scheduled vote of Parliament. cial officers fo Spe 2. Qualified Veto : A veto is qualified when it can be overridden by a higher majority What are the functions of National of the Legislature and the Bill can be Development Council ? enacted as law with such majority vote, The National Development Council was set overriding the executive veto. up in 1952. It is not a Constitutional body. 3. Suspensive Veto : A veto is suspensive The National Development Council is headed when the executive veto can be by the Prime Minister and the Chief Ministers overridden by the Legislative by an of all the states are its members. Since 1967, ordinary majority. the Administers of all the Union Territories 4. Pocket Veto : By simply withholding a are also given the membership of the National Bill during the last few days of the session Development Council. of the Legislature, the Executive can The main functions of National Development prevent the Bill to become law. council are

e intments mad portant Appo im What are the ent ? by the Presid other ministers.

Advocate General. He receives the remuneration as the Governor determines. He have the right to speak and to take part in the proceedings of the legislature of the State but has no right to vote.

(1) to monitor the functioning of national plans from time to time. (2) to consider and approve the Five Year Plans inorder to ensure an all India and balanced perspective in the plans. (3) to suggest measure and ways for effectively achieving the targets of plans.

What is a Money Bill ?


The Money Bill has been defined in Article 110 of the Constitution. Accordingly, a Bill shall be termed as a Money Bill only if it contains the following matters or any one of the following matters exclusively. (a) Imposition, abolition, remission, alteration or regulation of any tax. (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India. (c) the custody of the Consolidated Fund of India or the Contingency Fund of India,

Who is Advocate -General ?


Each state shall have an Advocate General. He is an official corresponding to the AttorneyGeneral of India. He is appointed by the Government of the State A person qualified to be judge of a High Court is appointed

Important Parliamentary Committees Defined


Parliamentary Committees are of two types: Standing Committee and Ad Hoc Committee. The working of the standing committees go on continuously, the ad hoc committees are appointed only when the need arises. The important standing committees are the Public Accounts Committee, the Committee on Public Undertakings, Estimates Committee etc. Public Accounts Committee: It scrutinises the Appropriation Accounts of the Government of India and the Report of the Comptroller and Auditor-General. It ensures that public money is spent in accordance with Parliament's decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure. The Committee submits its report to the Lok Sabha. Committee on Public Undertakings: The chairman of the committee is appointed by the Speaker from among the Lok Sabha members elected to the committee. The committee examines the reports and accounts of certain specified public undertakings and reports of the Comptroller and Auditor-General, if any. It also examines whether the public undertakings are being run efficiently and managed in accordance with sound business principles and prudent commercial practices. The Estimates Committee: The Speaker appoints the chairman. The committee reports on what improvements in organisation, efficiency or administrative reforms consistent with the policy underlying the estimates may be effected. It examines whether the money is well laid out within the limits of the policy upheld in the estimates and suggests the form in which the estimates shall be presented to Parliament. Ad Hoc Committees: The usual ad hoc committees are select / joint committees on Bills, appointed to consider and report on particular Bills. Other ad hoc committees are constituted from time to time, either by the two houses on a motion adopted in that behalf or by the Speaker / Chairman to inquire into and report on specific subjects. Business Advisory Committee: In the Lok Sabha, 15 members including speaker as its chairman. In the Rajya Sabha 11 members including the chairman as its ex-officio chairman. Rules Committee: In Lok Sabha, 15 members including speaker as its ex-officio chairman. In Rajya Sabha 16 members including the chairman as its ex-officio chairman. Examines the conduct of business and recommends necessary amendments. Committee on privileges:Semi judicial function. Examines the cases of breach of privileges. 15 members in Lok Sabha. 10 members in Rajya Sabha. Ethics Committee: Created in R.S ( Rajya Sabha ) in 1997. Created in L.S. (Lok Sabha) in 2000. It enforces the code of conduct of members of Parliament. the payment of money into or the withdrawal of money from any such fund. (d) the appropriation of money out of the Consolidated Fund of India. (e) Declaring of any expenditure to be charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure. (f) Receipt or issue of money from the Consolidated Fund of India and audit of the accounts of the Union or the States. (g) Any matter incidental to any of the matters specified in the subclauses (a) to (f) A Money Bill can be introduced only in the Lok Sabha. The Speaker duly certifies the Bill as Money Bill. The Rajya Sabha does not have much power over the Money Bill. It can only

2) If the President return such a Bill to the State Assembly, a Legislature for the reconsiderae Constituent th ted. Such 47 meeting of tion, with his message or direcAugust 14, 19 es wer e pr esen In the rious committe Union tives the State legislature is refor forming va tal Rights, the men pr oposal ust ittee on Funda mittee. On Aug include Comm quired to send back the Bill withom committees Constitution C r. inte d, wit h D ittee and Union in 6 months after making modte e w as appo Powers Comm rs. A Draft ft ing C ommit ifications or without modifica9 47 , th e D ra x other membe si 29, 1 d to the man along with tions. The President is however e and submitte ar as the Chair te Ambedk by the commit n was prepared not bound to grant his assent Constitutio . ember 4, 1947 to a Bill returned back to him ssembly on Nov A after reconsideration by the State Legisdelay the Bill for lature. The President may keep the Bill fourteen days. After the Money Bill is passed pending on his table for any period of by the Lok Sabha and the Rajya Sabha, it is time. presented to the President who unlike in the In short a Bill reserved by the Governor for case of other Bills, has no right to withhold it. the assent of the President will not become an Act in any condition without the assent of ? When is Joint Sitting held ? the President. It is an extraordinary device to resolve a dead

mittee Drafting Com

lock between the two houses over the passage of Bill. It is the President who summons the joint sitting and it is presided over by the Speaker of Lok Sabha. This device is applicable to ordinary bills and finance bills only. A dead lock over bills comes into being in the following situations. If the bill is rejected by the other House. It the Houses have finally disagreed as to the amendments to be made in the Bill. If more than six months have lapsed from the date of receipt of the bill by the other house without the bill being passed by it.

Does the Vice - President act as President during the period between the completion of the five year term of President and the election of the new President ?
According to Article 61 (1) the election to the office of the President must be completed before the expiry of the five year term of the incumbent President. However if the elections to the office of President have not been held before completion of such term, the incumbent President shall continue in office till his successor assumes charge of the office. Therefore, the Vice - President shall not get the opportunity to act as the President.

What are the powers of the President with respect to the Bills passed by state Legislature and reserved by the Governor for the assent of the President ?
Following are the main provisions with respect to the Bills reserved by the Governor for the assent of the President. 1) The may either grant his assent or declare that he withholds his assent.

What are the provisions for constituting Legislative Assemblies in Union Territories ?
The provisions for constituting Legislative Assembly in Union Territory can be made in the Constitution as and when need arises. At present the provisions of the Constitution provide for a 30 member Legislative Assembly for the Union Territory of Pondicherry. By

the 69th Constitutional Amendment, a 70 member Legislative Assembly was Relations Centre-State ides for the three fold distribuprovided for Delhi Article 246 prov (National Capital Schedule 7 and d the states. n the union an Territory). But the powers betwee tion of ) over powers of these ists lly 97 subjects Schedule 7 - L bjects (origina su of legislation. Legislative Assemblies t : Includes 99 clusive power 1. Union Lis liament has ex ects) over Par are limited and are not ginally 66 subj which the Union 61 subjects (ori equivalent to those of : Comprises slation. powers of legi 2. State list ) on e has exclusive State Assemblies. By the lly 47 subjects which the stat subjects (origina t list : It has 52 70th Constitutional e laws. 3. Concurren e state can mak nion. Amendment, these e Union and th vested in the U which th rt. 248) : It is llowing Powers (A Assemblies were given ansferred the fo 4. Residuary t Act in 1976 tr n (2) dmen the right to participate in st. (1) educatio The 42nd Amen st fr om state li als ncurrent li the election to the office on of wild anim subjects to co ng (4) protecti ti on and ghts & measuri of the President. st ic e, cons ti tu forests (3) wei is tr at ion of ju Courts. ) admin Court and High What are the distinct and b ir ds . (5 except Supreme slate all courts and States legi features of a organisation of st, if both Union owncurrent li will prevail. H Constitution? In the case of co rmer s decision ident and , then the fo ed for the pres in the same item An analysis of the various had been reserv e law evail. ever, if the stat state law will pr definitions of a Constitution assent, then that received his shows that the constitution has the following distinct Fifthly, it contains procedures for features: its own change which is generally quite different Firstly, it refers to a collection of those basic from the procedure for the enactment of laws which are more sacrosanct than the ordinary laws. ordinary laws. Sixthly, the Constitution generally contains a Secondly, the Constitution is not entirely statement of its objectives. written. Though a major part of the constitution Finally, the Constitution not only lays down the is generally available in the form of a written rights of the citizens, but also specifies the document, certain laws are also based on limitations on the authority of the government. customs, usages and conventions and form part ? The President & his Functions of the Constitution. Thirdly, the Constitution may be created by a The President of India is the head of the Union special body set up for the purpose or evolved Executive. The President is elected by indirect in course of time. election by an electoral college, in accordance with the system of proportional representation Fourthly, the Constitution determines the of single transferable vote. The electoral college structure of the main organs of government, shall consist of elected members of both houses the distribution of sovereign power between of Parliament, the elected members of the various authorities and the relations between Legislative Assemblies of the States and the the citizens and various organs of the elected members of the Legislative Assemblies government.

What are the features of National Emergency (Article 352)


1. It can be proclaimed only when the security of India or a part of it threatened by war, external aggression or armed rebellion. 2. During its operation, the state executive and legislature continue to function and exercise the powers assigned to them under the Constitution. Its effect is that the Centre gets concurrent powers of administration and legislation in the state. 3. Under this, the Parliament can make laws on the subjects enumerated in the State List only by itself, that is it cannot delegate the same to any other body or authority. 4. There is no maximum period prescribed for its operation. It can be continued indefinitely with the approval of Parliament for every six months. 5. Under this, the relationship of the Centre with all the states undergoes a modification. 6. Every resolution of Parliament approving its proclamation or its continuance must be passed by a special majority. 7. It affects fundamental rights of the citizens. 8. Lok Sabha can pass a resolution for its revocation. i) ii) National Emergency was proclaimed for the first time in 1962 due to external aggression from China. Second National Emergency was proclaimed in 1971 due to war with Pakistan.

iii) Third National Emergency was proclaimed in 1975 on the ground of internal disturbance.

What are the features of Presidents Rule (Article 356) ?


1. It can be proclaimed when the government of a state cannot be carried on in accordance with the provisions of the Constitution due to reasons which may not have any connection with war, external aggression or armed rebellion. 2. During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The President administers the state through the governor and the Parliament makes laws for the state. In brief, he executive and legislative powers of the state are assumed by the Centre. 3. Under this, the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. So far, the practice has been for the President to make laws for the state in consultation with the members of Parliament from that state. Such laws are known as Presidents Acts. 4. There is a maximum period prescribed for its operation, that is three years, Thereafter, it must come to an end and the normal constitutional machinery must be restored in the state. 5. Under this, the relationship of only the state under emergency with the Centre undergoes a modification. 6. Every resolution of Parliament approving its proclamation or its continuance can be passed only by a simple majority. 7. It has no effect on Fundamental Rights of the citizens. 8. There is no such provision. It can be revoked by the President only on his own.

rebe n of India pr ession or armed The Constitutio , external aggr of civil war arising out tes nery in the Sta (Article 352); titutional machi ns of failure of Co arising out (Article 356); icle 360). ncial crisis (Art Lieutenant Governors ising due to fina 2 ar nder Article 35 and Commissioners of Union l Emergency U sident. Nationa by the Pre fundamenta l ncy is declared Territories. n suspend the The Emerge y the State ca stitution. e emer genc Members of Finance e Indian Con D ur ing th r one month in Part III of th ghts conferred is valid only fo Commission. ri President mation by the e Parliament. Any procla Members of the Union th houses of th on oved by bo ases to operate unless it is appr ss revoked, ce Public Service Commission. unle ncy provision, ths. An emerge riod of six mon hinery in states Chief Election of a pe the expiration itutional mac Commissioner and other failure of const ipt of a report e to dent on rece Emergency du ion that if the Presi members of the Election ied that a situat le 356 (1) states Artic rwise, is satisf Commission. carried in tate, or othe of a S e State cannot be from Governor vernment of th n pr o Special officers for the hich the go ution, he ca has arisen in w of the Constit me when any the pr ovisions h scheduled castes and other may do the sa accordance wit rections The President tribal areas. is emergency. effect to, any di claim th with, or to give iled to comply The President of Sta te has fa (Article 365). India who is the Supreme n by the Union give 360) e gency (Article ncia l crisis in th Commander of the armed Financial Emer if there is a fina ea es that dent can declar stitution provid forces has the following The Con y, the Presi rt of the countr r ha s never powers: try or in any pa mergency so fa E coun y. This type of cial Emergenc Right to declare Finan war and peace. been declared.

s of Emergencie various types ree types of Emergencies: Define the llion ovides for th

Attorney General of India. Comptroller and AuditorGeneral of India. Judges of the Supreme Court and High Courts including the Chief Justice. Governors of States.

of the Union Territories of Delhi and Pondicherry. Qualification for a presidential candidate are : Must be a citizen of India. Must have completed 35 years of age. Must be qualified to be a member of the Lok Sabha. Must not hold any office of profit. The following appointments are made by the President, The Prime Minister and on his advice other ministers.

Legislative powers which include nomination of 12 members to the Rajya Sabha and 2 Anglo- Indian members to the Lok Sabha. Right to address the Parliament. The tenure of the President is five years. The President takes the oath of office before the Chief Justice of India but his letter of resignation should be addressed to the VicePresident of India. The President shall be removed only through impeachment, applicable only for the violation of the Constitution. In case of a dispute related to the Presidential election, only the Supreme Court of India has jurisdiction

over it. With regard to vacancy a new President should be elected within six months. Under Article 72 President have power to grant pardons.

e Con Guardian of th le. Interpreter and hts of the peop Final undamental Rig the country. the F genera l law of Guardian of terpreter of the d Final In criminal cases. Highest an both civil and rt of Appeal in Highest Cou

ects of the signifcant asp most What are the rt ? Supreme Cou stitution.

Under Article 123 President have power to promulgate ordinances during recess of Parliament.

? What is Anti-Defection Law ?


Anti Defection Law was passed in 1985 as the 52nd Constitutional Amendment with the aim to political defections in India. A member of Parliament or state legislature belonging to a political party shall be disqualified if he voluntarily gives up the membership of his party or vote against the party directive or abstain from voting. Anti-defection law is added as the 10th schedule of Indian Constitution. The speaker considers the question of disqualification under anti-defection law. The decision of the speaker in anti-defection law is now open to judicial review.

social, economic and political justice, the Preamble emphasises the need for securing liberty, equality and fraternity for the Indian people. The liberty, would be of thought, expression, beliefs and faith, signifying political freedom and secularism. Equality is sought to be ensured on political, social and economic level thus besides adult franchise there would be equality of status and opportunity. Individuals self expression would be allowed freedom but within the limits of the overall objective of national unity and progress.

? How can the Constitution be amended?


Three methods of amendment of different provision of constitution are prescribed in the Article 368 of the constitution. First method of amendment is by a simple majority. Certain other provisions to be amended requires a majority of not less than two third of the members present and voting in each house. In some other cases besides two third members of both the house present and voting, it must be ratified by the legislatives of the one-half of the states.

? What are the major commitments of the


Constitution of India as incorporated in its Preamble?
The Preamble of the Constitution of India embodies the ideals, aspirations and objectives of the social and political order to which the people of India are committed. The Preamble rests the sovereignty in the people of India which is a socialist, secular and democratic republic. Thus, the head of the nation will be elected, all religions will be respected and the State of India would be a welfare state committed to the ideals of socio-economic justice to be obtained in a democratic way by the rule of law. Commitment is made to political, social and economic justice. And to ensure

? Indian Constitution is drawn from


different sources. Establish the point.
The Constitution of India may be said to be a borrowed Constitution as its framers have gathered the best features liberally from various sources. The single most important source is the Government of India Act of 1935: the federal scheme, office of the Governor, power of federal judiciary, emergency powers were drawn from this Act. The British practice influenced the law- making procedure, rule

Lists the e: States an evel Officials; Fir st Schedul ents for High-L roller ule: Emolum es, and Compt Sec ond Sched blic office, judg ? Identify the nature and cials holding pu salaries of offi methods of Parliamentary ected of India. el eneral of offices for and Auditor-G O aths; O aths control over the Executive in le : For ms of Thir d Schedu Indian Polity. e Rajya th dges. ber of seats in officials and ju State ion of the num Indian Parliament is ament) per ule: Allocat r house of Parli Fourth Sched States - the uppe vested with the power to control of Sabha (Council l of over the Executive. The Territory. ion and contro or Union the administr at g Executive is collectively Provisions for d tribes needin : an Fifth Schedule Tribes (areas responsible to the Lok Sabha. ); and Scheduled ns as geous conditio Scheduled Are eas in e to disadvanta Thus it is assumed that the on du ion of tribal ar special protecti the administrat working of the Union Provisions for e: Sixth Schedul Government is effectively ta te, and S government), Assam. controlled by the Parliament. Union (centr al ule: The Seventh Sched sponsibilities. However, in practice this l) lists of re Concurrent (dua ages. control is exercised only in the ion Official Langu ss e: The reforms; the acce Eighth Sc hedul form of question on admini and and tenure (l e: Article 31BNinth Schedul stration raised during the dia) emb er s of Sikkim with In ovis ions for M of question hour in the houses of ec ti on pr ule : A nt i- Def tures Parliament. Parliament also Tenth Sched e Sta te Legisla Members of th ment) has control over the revenue Par liament and (Rural Develop Panchayat Raj and expenditure of the nth Schedule: nning). la Eleve ality (Urban P edule: Municip Government. The Executive, Twelfth Sch cannot impose any tax without legislative sanction. If any tax is imposed without of law, single citizenship, besides, of course, legislative authority, the aggrieved person can basically giving the mode of Parliamentary obtain his relief from the courts of India. As Govern ment. for expenditure, the pivot of parliamentary The U.S. Constitution inspired in independence control is the Consolidated Fund of India. No of judiciary, judicial, funda-mental rights, money can be issued out of the Consolidated removal of Supreme and High Court judges. Fund of India unless the expenditure is authorised by an Appropriation Act. In fact, The Irish Constitution was the source for the Executive cannot spend the public revenue Directive Principles, method of president without parliamentary sanction. The Policy elections, nomination of members of Rajya Resolu tion of the Parliament are meant as Sabha by the President. From the Canadian supreme guidelines for the functioning of the Constitution was taken the idea of a federation executive Government. Parliament also specifies with a strong Centre, and placing residuary the manner in which certain specific powers powers with the Centre. The Weimer constitutionally granted to different authorities Constitution of Germany was the source of is to be exercised. provisions concerning the suspension of

Constitution hedules of the s Sc ories; Define variou d Union Territ

fundamental rights during emergency, while the idea of a Concurrent List was taken from the Australian Constitution.

? Explain the concept of Minorities in the


Indian Constitution and mention the safeguards provided there in for their protection.
According to the Constitution of India, the concept of Minorities incorporates the groups of people differing from the other in religion, culture and language numerically the majority. Thus there are religious, linguistic and cultural minorities. Religious, cultural and educational safeguards are incorporated in the Constitution to protect all minority groups (religious, cultural and linguistic.) The safeguards are: i. Right to maintain religious and charitable institutions and manage religious affairs without state interference. ii. Religious and linguistic minorities may establish and administer their own institutions and avail of state grants without discrimination. iii. A minority language may be recognised as one of the official language in a State. iv. Special officer for linguistic minorities to report on their status. Besides these, the state does not discriminate on the basis of religion, culture etc, in manners of public appointment and employment.

basic financial function of the parliament relates to the imposition of taxes and expenditure from consolidated funds of India. The Parliament can amend the Constitution but cannot alter its basic structure. The Parliament has internal autonomy to regulate its proceedings and act independ ently in internal matters.

? Explain the relevance of Rajya Sabha


in the federal set up of the Indian Parliamentary System.
The Rajya Sabha is an indirectly elected body of 250 members under Article 80 of the Constitution, can offer expert opinion on many issues as it consists of more experienced men. It has many legislative and watch dog functions to perform. It provides for additional debating forum and can reduce the legislative time problems faced by the Lok Sabha. It has exclusive power to transfer state legislative powers to the Centre. It can impose emergency in case the Lok Sabha stands dissolved. It can revise bills, control passing of hasty legislation and interpose reasonable delay on arbitrary functioning of the Lok Sabha.

? Highlight the significance of the 73rd


Amendment to the Constitution of India.
In the year 1994, our Parliament enacted a very important Constitutional amendment. This amendment was concer ned with the Panchayati Raj Institutions (PRIs). As India opted for the planned development of the country, a proper role for the Panchayati Raj Institutions was prepared. This amendment is concerned with the last tier of the three-tier PRI system. In the long-drawn debate of the democratic decentralisation, a major part had been concerned with the financial resources of the Gram Panchayat. The other important factor was the suitable role of the Gram Panchayat in planning process of the area. The present Constitutional amendment went for major power delegation to the Gram Panchayat. The Gram Sabha was given full autonomy in the

? Discuss the power privileges and


immunities of the Indian Parliament.
The Parliament can claim a privilege if (i) the Constitution grants it specifically or (ii) it has been created by a law of the Parliament (iii) it was enjoyed by the lower house on January 26, 1950. More specifically the Parliament enjoys freedom of speech, immunity from court proceeding, freedom from arrest in civil cases within 40 days before and after the session of the Parliament and immunity from liability in respect of Parliamentary papers. The Parliament can punish a person for contempt, can legislate and control the executive. The

matters of planning as well as some extent of financial self-reliance. One-third of the elected seats in the Gram Panchayat were reserved for the women. The most important fact concerning the Gram Panchayat had been concerning the financial powers. The eleventh Finance Commission has been asked by the President to devise the methods through which the Gram Panchayats could raise their fund as well as the devolution of revenue resources to them. The other important part of the Amendment is concerned with the constitutionality of the Plan, the Gram Panchayat passes for their local development. As per political scientists, the 73rd Constitutional Amendment is a milestone in the adminis-trative development of the country.

fixed at eight (including the Chief Justice). Every judge of the Supreme Court is appointed by the President. The judges hold office until they attain the age of 65 years. No minimum age has been prescribed for the appointment as a judge of the Supreme Court of India nor any fixed period of office. In order to be qualified for appointment as a judge of the Supreme Court, a person must be (a) a citizen of India and (b) either a distinguished jurist, in the opinion of the President, or (c) should have been a High Court Judge for at least five years. An advocate on a State High Court of ten years standing also qualifies for the post. The independence of the Judges of the Supreme Court has been secured by the Constitution in a number of ways. Our Supreme Court possesses larger powers than its American counterpart, in many respects. The law declared by the Supreme Court shall, be binding on all courts within the territory of India.

? Salient features of Indian Judiciary


One of the greatest legacies of British rule is the Judiciary and the legal set-up in India. An independent judiciary is the very heart of a republic. The foundation of a democracy, the source of its perennial vitality, the condition for its growth, and the hope for its welfare, all lie in that great institution - an independent judiciary. There is a single, integrated judicial system for the Union as well as the States for the administration of both Union and State laws. The judiciary is perhaps the most vital limb of the Government. The sanctity of any Constitution rests, to a large extent, on this organ. The Constitution of India provides for an independent judiciary for the country, with the Supreme Court at the apex and High Courts at the State level. The Supreme Court of India is the highest judicial body of the land.

? Jurisdiction of the Supreme court


The Supreme Court of India enjoys three types of jurisdiction: (a) original, (b) appellate and (c) advisory Besides, the Supreme Court has been constituted as a court of record and has the power to punish for contempt. This is an extraordinary power which must be used sparingly, but where the public interest demands it, the Court will not shrink from exercising it and imposing punishment even by way of imprisonment in cases where a mere fine may not suffice. The Supreme Court has been conferred powers to direct the transfer of any civil/criminal case from one State High Court to another. As the final appellate court, the Supreme Court can revise the decisions of the High Courts. Likewise, substantial questions of law of general importance pending before State High courts may be taken over by the Supreme

? Supreme Court of India


Union Parliament has been vested with the power to make laws regulating the consti tution, jurisdiction, organisation and powers of the Supreme Court. It now consists of a Chief Justice and 30 other judges. The strength of the judges of the Supreme Court was initially

Court and disposed of. The Supreme Court enjoys tal Duties ? numerous other the Fundamen A of the What are ed as pa rt IV powers including the s is incorpor at d on the D ut ie ct, 1976, base power of judicial F unda menta l Amendment A ties the 42nd clude eleven du review. The apex court Constitution by ental Duties in the duty of model. Fundam through its power of which it shall be former USSR ds the State, by towar judicial review, has of the citizens of India. ensured that the basic every citizen are: structure of the ational Flag The ten duties d respect the N Constit ution an Constitution is in any the 1. to abide by ; way vitated. ational Anthem spired our and the N ideas which in llow the noble and fo 42nd Amendment 2. to cherish dom; ruggle for free India; national st and integrity of The jurisdiction of the vereignty, unity e so 3. to protect th Supreme Court was all the the country; rhood amongst 4. to defend sought to be severely common brothe the spirit of 5. to promote curtailed by the 42nd culture; people of India; our composite Amendment of the rich heritage of the ronment; 6. to preserve Constitution effected in the natural envi t and improve quiry; 7. to protec 1976. It is called as the r and spirit of in scientific tempe 8. to develop Mini Constitution. The d public property of individual an 9. to safeguard amending Act is a piece of e in all spheres wards excellenc 10. to strive to compreh-ensive legislation parent ity. India who is a collective activ containing 59 clauses and every citizen of ild the duty of ucation to his ch 11. It shall be touching upon varied portunities for ed ovide op or guardian to pr x and 14 years. constitutional issues. n the age of si ard betwee or w The drastic impact of the 42nd Amendment Act briefly the far-reaching changes introduced by Mrs. was: Gandhi through this amendment were reversed (a) It narrowed down and fettered the scope by the Janata Government, by repealing them for judicial review of ordinary laws. (through the 43rd Amendment Act of 1977). (b) It devalued the Funda-mental Rights vis-aSome provisions of the 42nd Amendment, vis the Directive Principles. however, still stick (despite the Janata Governments bid to scrap them too), as a result (c) It effectively obviated the possibility of of opposition of the Congress Party in the Rajya judicial review of any Act for amendment Sabha. of the Constitution. (d) It virtually unsettled the original balance ? Relation between the Union and the between the various organs of the State. States This amendment had in fact effected a mini Despite the unitary characte-ristics and revolution, whereby Parliament sought to centralising tendencies, the Indian Constitution overthrow the supremacy of the Constitution is yet a federal Constitution of its own kind. and made itself supreme in its stead. Some of India is a diverse society with fundamental

underlining unity. The unity of India is firmly based on geography and deeply rooted in history. Criticism has become inevitable, in recent years, that the Union Government by virtue of its dominant position in the economic sphere, has left the States high and dry, and they have to constantly look to the Centre for financial assistance from time to time. The autonomy of the States having been thus eroded, some of them (especially those ruled by opposition parties) have been fighting hard to alter the picture. They have been pressing for greater autonomy, while demanding for a radical revision of the lopsided financial relations that subsist between the Centre and the States. The welfare activities of the States involving huge expenditure, coupled with recurring natural calamities, do call for an urgent revision of the financial provisions of the Constitution, in the light of the experience of 50 long years of our sovereign existence as a modern state.

comprehensively and categ-orically recommends a strong Centre for the proper functioning of the State. It also laid down wholesome guidelines for the application of Article 356 which was not to be exercised for the purpose of securing good government.

? Public Service Commission


For the recruitment to the civil services and other posts under the Government, the Constitution provides for an independent body known as the Public Service Commission. The chairman and members of .the Commission are appointed by the President. Article 315 provides that there shall be a Public Service Commission for the Union as well as separate Public Service Commissions for each State. Two or more states may agree among themselves to have a common Public Service Commission. Further, the Union Public Service Commission, if requested by the Governor of a State may, with the approval of the President, agree to serve the needs of two or more states. To ensure the integrity and independence of the commission the Constitution debars its chairman and members from further employment after retirement, either under the Government of India or any State Government.

? Powers of the Governor


The powers of the Governor are: He/She appoints the Chief Minister and the council of Ministers, the Advocate-General and the members of the State Public Service Commi-ssion. The Governor nominates one member of the Anglo-Indian community to the Legislative Assembly of his State. The Governor can promulgate ordinances during the period, when the State Legislature is not meeting. The Governor has the power to grant pardon, reprieves, respites or remission of punish-ments. But he has no power to pardon death sentence.

? Election Commission
Indian Constitution provide for an independent body called Election Commission in Article 324 for the conduct of fair and unpartial elections. At present, the Election Commission consists of a Chief Election Commissioner and two Deputy Commissi-oners. Generally they hold office for a term of six years or till the age of retirement. The main functions of the Election Commission are: (1) Prepare electoral rolls for the election to parliament and state legislatures. (2) Supervise, direct and controls elections of President, Vice-President, Parliament and State Legislatures. (3) Lays down general rules for election and

? Sarkaria Commission
The Sarkaria Commission, set up in June 1983 to study the Centre-State relations, has submitted its 1,500 page report. The report, which has now been published,

issues notification of dates and schedules of election. (4) Accord recognition to political parties and allot symbols etc.

Manipuri and Nepali were added to the 8th schedule by the 71st amendment. English is not included in the list.

? Family Courts
Family Courts were set up in the country under the Family Court Act passed in 1984. They aim to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. These courts are set up in cities with a population of more than 10 lakh. Subtle family disputes are settled in an atmosphere of friendliness and consideration. The aim of the court is to strengthen family ties and bind people not to break them apart wherever possible. Internati onal Day of the Family is observed on May 15. 1994 was observed as the international Year of the Family by U.N.

? Finance Commission
The President constitutes a Finance Commission every five years. Article 280 of the Constitution provides for the appointment of the Finance Commission. It consists of a chairman and four other members to be appointed by the President. The Finance Commission makes recom-mendation to the President regarding the distribution of money between the Union and States and the net proceeds of taxes. The 11th Finance Commission was set up in 1997 under the chairm-anship of A.M. Khusro. It submitted its report. The 12th Finance Commission was appointed by the Govern-ment in 2002 under the chairmanship of C. Ranga-rajan. The 13th Commission was setup in 2007 under the chairman ship of Vijay Kelker.

? CAT
CAT is the Central Admin-istrative Tribunal. CAT was set up in November 1985 to provide speedy and inexpensive justice to Central Government employees in respect to their service matters. The tribunals are empowered to resolve disputes and complaints relating to recruitment and conditions of service of persons appointed to public services and posts in connection with affairs of the union Government. It has the jurisdiction, powers and authority of a court in specified matters.

? What is Contingency Fund ?


Parliament has established a contingency fund of India, into which sums are deposited from time to time. It is placed at the disposal of the President to enable advances to be made by him to meet the unforeseen expenditure. Similar funds at the disposal of the State Governors are created in the State.

? Lok Adalats (LAs)


Lok Adalats are supplementary forums for conciliatory settlement of disputes. All categories of cases except criminal cases can be settled through LAs. They have acquired a statutory base and the awards passed by the LAs are deemed to be the decrees of the civil court and are binding on all parties to the dispute. There does not lie any appeal to any court against an award passed by LAs. Legal services Day is observed on November 9.

? Eighth Schedule of the Constitution


List of 22 regional languages are recognised by the Constitution in this schedule. With the passing of the 92nd Constitutional Amendment Act four new languages (Maithili, Dogri, Bodo and Santhali) were included in the group of officially recognised languages. The other 18 languages are Assamese, Bengali, Gujarathi, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Konkani, Manipuri & Nepali. Konkani,

? High Court
The High Court is the zenith of judiciary in the State. Jurisdiction of a High Court can be extended to more than one State. The Chief Justice is appointed by the President in consultation with the Chief Justice of the concerned High Court. The salaries are from the charged expenditure of the consolidated fund of the state. They retire at the age of 62.

helps other Ministers in their parliamentary work in the Houses; where as the Lok Sabha Secretary is an officer in the Lok Sabha who helps the Speaker in the conduct of business of the House. What constitutional provisions make the office of the CAG independent ? Under Art. 148 of the Constitution the CAG can be removed only upon an address from both Houses of Parliament, on the grounds of proved misbehaviour or incapacity and his salary and conditions of service shall be statutory which makes the office of CAG independent. What is the distinction between the Parliament and the Executive? Parliament is to legislate, advise, criticise and ventilate public grievances whereas the executive is to govern, albeit on behalf of the Parliament.

? Discuss about the constitutional


provision of the no-confidence motion.
According to the Constitution, the Council of Ministers stays in office only as long as it enjoys the confidence of the Lok Sabha; once the confidence is withdrawn the Government is bound to resign. The rules of parliamentary procedure accordingly provide for moving a motion to ascertain this confidence. The motion is generally known as no-confidence motion. A motion of this kind must express want of confidence in the council of ministers, and an individual minister, as the Constitution only provides for collective responsibility. A notice of such a motion must be given before the commencement of the sitting on the day it is desired to be raised. If the Speaker is convinced that the motion is in order, the motion is read in the House. Members in favour of leave being granted to debate the motion are to indicate their support. The Speaker grants leave if not less than fifty members support the motion. Once admitted, the motion has to be taken up within ten days of the leave being granted. The time for discussion is usually decided after consulting the Business Advisory Committee. Explain the status of Ministers known as Minister of State ? A Minister of State is below the rank of a Cabinet Minister. He may or may not have independent charge of a Ministry. Differentiate between Lok Sabha Secretary and Parliamentary Secretary? The Parliamentary Secretary is a Minister who

? Can a sitting Member of Parliament or


States Legislative Assembly contest an election for the office of President? Yes, he can. But as soon as he is elected as President he would have to relinquish his seat in the Assembly. Is the post of Deputy Prime Minister Constitutional ? No. Constitution sanctions no such post. Also, the Supreme Court has ruled that for all purposes the Deputy P.M. is a Cabinet Minister. Can a nominated member become a Minister? Yes. The Constitution places no bar on the appointment of such member as a Minister in the Government. Indicate the provisions of Indian Constitution relating to secularism? The Provisions are: 1. Preamble, 2. Right to Equality (Art. 14-18),

3. Right to freedom of religion (Art. 25-28) 4.Cultural and Educational Rights (Art. 29-30) 5. Uniform Civil Code (Art. 44)

ncil? egislative Cou mposition of L ? Co consists of:

? How is the Vice-President


of India elected ?

Under Article 66 (1) of the Constitution, the VicePresident of India is elected by members of an electoral college consisting of the members of both the Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote.

council embly. The legislative Legislative Ass hers elected by (a) 1/3 mem al Bodies. elected by Loc duates. ) 1/3 members (b University Gra bers elected by (c ) 1/12 mem Teachers. bers elected by (d) 1/12 mem ernor. ed by the Gov embers nominat (e) 1/6 m

with the cases involving moral and ethical behaviour of the members of Lok Sabha and makes recommendation to the House for appropriate action.

? When can a Governor Reserve Bills for the


President? The Governor can reserve a Bill for Presidential assent under following circumstances. (i) (ii) If the Bill is unconstitutional. If it is against the larger interest of the country.

? How is the Vice-President of India removed


from the office ? Under Article 67 (b) of the Constitution, a VicePresident may be removed from his office by a resolution of the Council of States passed by a majority of all the then Members of the Council and agreed to by the House of the People.

? Is there any provision to impeach the


Governor of a state ? Under Art. 156 (1) of the constitution, the Governor holds office during the pleasure of the President. So, there is no provision to impeach the Governor of a State. Why are Consultative Committees constituted ? The main purpose of these committees is to provide a forum for informal discussion between the Government and Members of Parliament on policies and programme 3 of the Government and the manner of their implementation. What is Ethics Committee of Lok Sabha? The Ethics Committee of Lok Sabha is the committee whose members are drawn form among the members of the Lok Sabha. It deals

(iii) If it is in direct opposition to the OPSP. (iv) If the Bill is of grave national importance; (v) If it endangers the position of High Courts, (vi) If Bill deals with compulsory acquisition of private property. (vii) Imposition of taxes on storage, distribution and sale of water or electricity. There are certain spheres where the Rajya Sabha alone has the authority. What are they? The Rajya Sabha alone has the authority on following matters: (i) initiating the process of removal of VicePresident [Art. 67 (b)] (ii) initiating the creation of new All-India Services [Art. 312(1)] (iii) authorising the Parliament to make temporary Union Legislation with respect to matters in the State List [Art. 249 (1)].

? What are the power of Legislature with


respect to Judiciary? The Parliament may by law: (i) Extend the jurisdiction of a High Court or exclude the jurisdiction of a High Court from any Union Territory, (ii) Establish a common High Court for 2 or more States or two or more States and a Union Territory, and (iii) Constitute a High Court for a Union Territory or declare any court in any such territory to be High Court for all or any of the purposes of the Constitution.

(iii) Judiciary (iv) The lists in the 7th Schedule (v) Representation of States in Parliament

(vi) Provisions of Art 361 How are the SC or ST notified ? The Constitution under Art. 341 and Art. 342 provides that the President in consultation with the State Governor concerned modifies the SC/ ST list in respect of each State. The non-federal features; of Indian Constitution are: (i) Though called Council of State, Rajya Sabha has representation from two Union Territories also i.e. Delhi and Puducherry. (ii) Indian States are not represented in the Rajya Sabha on the principle of equality of States like in any Federation but on the basis of population. How is a Legislative Council created or abolished? Under Art. 169 of the constitution the Legislative Council of a Slate is created or abolished to Parliament by law on the basis of a resolution passed by the Legislative Assembly of the State for the said purpose. Why to have second chamber ? (i) Upper House exists to prevent hasty legislation that may be passed by the Lower House. (ii) To provide representation to people whose expertise can be used for administration of the State who do not wish to go through the normal process of election. When is the device of Joint Sitting of both the Houses of Parliament not available? The device of joint sitting of both the Houses of Parliament is not available if the deadlock between the two Houses is over a Money Bill [Art. 108 (1)] or a Constitution Amendment Bill [Art. 368].

? Non-Federal features of Parliament

? How is the want of Parliamentary confidence


in the Government may be expressed by the House ? The want of Parliamentary confidence is expressed: (i) By passing a substantive motion of no confidence in the Council of Ministers (Rule 198) (ii) By defeating the Government on major issue of policy (iii) By passing an adjournment motion (Rule 56) (iv) By refusing to vote supplies or defeating the Government or a financial measure. Grounds for disqualification of M.Ps. As per Art. 102 of the constitution the grounds for disqualification of M.Ps are: (i) Holding an Office of Profit (ii) Unsound mind (iii) Un-discharged ir solvent (iv) Acquisition of foreign citizenship and (v) Defection from the Parent Party. What provisions need to be ratified by States? The following provisions of the constitution need ratification by States before amendment (i) Relating to elections oft le President (ii) Executive power of the Union and States

? How many sessions does the Indian


Parliament normally have in a year ? Normally three, viz. (a) Budget session (Feb. - May) (b) Monsoon session (July - Aug.) (c) Winter session (Nov. - Dec.) Reasons for freezing the strength of Lok Sabha and State Legislature till 2026? Presently, region wise, the growth of population in India is uneven. So, to bring parity in representation the strength of legislature was freezed by 91st Constitution Amendment Act. What do Rule 184 and 193 in Parliamentary Procedure signify? Rule 184 and 193 signify the right of Private Members to initiate long and short discussions respectively on matters of urgent public importance in the Lok Sabha and Rajya Sabha.

to the Supreme Court. While, Art. 226 is related to the enforcement of any right and the petition is made to High Court.

What is in Art. 31 B? To protect agrarian reform measures, Art. 31 B was inserted in the Constitution. It provided that acts and regulations included in the 9th Schedule shall not be void on grounds of inconsistency with or violation of any of the Fundamental Rights.

What is the 85th constitution amendment Act ? This act substituted in clause 4-A of Art. 16 for the words in matters of promotion of any class with the words in matters of promotion with consequential seniority to any class. What is the importance of the 84th Amendment of the Constitution? The 84th Amendment of the Constitution is for delimitation of the territorial constituencies for both the Lok Sabha and State Legislative Assemblies on the basis of 1991 census to remove the imbalance caused due to uneven growth of population in different constituencies. What is the importance of the 94th Amendment of the Constitution? Article 164(1) was amended by the 94th Constitution Amendment Act which freed Bihar from having a Minister of tribal Affairs and included Clihattisgarh and Jharkhand with Madhya Pradesh and Orissa mandating to have a Minister of Tribal Affairs. Which Constitutional amendment recently added four new languages in the 8th schedule of the constitution? Name the languages. The Constitution 92nd Amendment Act' 2003 added four new languages Dogri, Santhali, Maithili and Bodo in the 8th Schedule of the Constitution, which increased the number of languages 13 twenty two.

Distinguish between Annual Financial Statement and Annual Financial Bill


Under Art. 112 of the Consitution, Annual Financial Statement is a statement of financial years estimated receipts and expenditures of the Government, whereas Annual financial Bill contains all the taxation proposals of the Government for the ensuring year. What are the provisions of Art. 16 (4) B ? It was inserted by 81st Constitution amendment Act 2000 which seeks to end the 50% ceiling on reservation for SC/ST and OBC in backlog vacancies.

Why is Art. 32 considered as the cornerstone of the Constitution ? Art. 32 provides institutional framework for the enforcement of the Fundamental Rights. Art. 32 ensures that neither the legislature nor the executive can browbeat anyone. Difference between Art. 32 and Art. 226? Article 32 is related only to the enforcement of Fundamental Right and the petition is made

State the amplitude of Art. 21 of the Constitution? ission. Art 21 is the anguage comm e: ctions of the L mission ar ? Fun foundation stone of all e Language Com al purposes. Functions of th the Fundamental Rights Hindi for offici ing the use of purposes. (a) Promot lish for official (part-III) of the High g the use of Eng Court and the (b) Restrictin Constitution. A ed in Supreme ge to be us (c ) The langua legislation taking away ge of the Courts. official la ngua life and personal liberty r regarding the een the matte unication betw (d) Any other must meet the uage of comm lang Union and the requirements of Art. 19 the States. Union and (1) (a) that is right to freedom and expression ? What is the special facility provided to the So, the procedure Linguistic Minorities under Art 350 A? prescribed for such deprivation must not be arbitrary, unfair or unreasonable. Art. 350 A inserted by the Constitution 7th (Amendment) Act. 1955 enforces upon every What is the purpose of Art. 24 of the state and every local authority within the state Constitution of India? to provide adequate facilities for instruction The purpose of Art. 24 of the Constitution of in the mother tongue at the primary stage of India is to prohibit employment of children education to children belonging to linguistic below 14 years of age in hazardous jobs. This minority groups. provision is in the interest of public health and safety of the lives of children. ? How is citizenship obtained ? What are the provisions regarding services There are five modes by which Indian in Constitution ? citizenship can be obtained are: Art 98 : Secretariat of Parliament (i) By Birth Art 146 : Offices and servants of the (ii) By Descent Supreme Court (iii) By Registration Art 148 : Persons serving the Indian Audit (iv) By Naturalisation and Accounts Department Art 187 : Secretariat of State Legislature. (v) By Incorporation of territory Art 299 : Contracts ? How is citizenship lost? Art 312 : All India Services. Indian Citizenship is lost What is the enquiry under Art 311 (i) By Renunciation dispensed with ? (ii) By Termination (a) When the person has been convicted on a criminal charge (iii) By Deprivation (b) When the appropriate authority records ? Who are eligible to cast ballot by Post? in writing for it. (i) Civil Servant on election duty. (c) When the person or the Government as the case may be is satisfied that in the (ii) Defense Personnel posted in forward interest of the security of the State it is areas. not expedient to hold such an enquiry. (iii) Indian citizens of Indian Diplomatic

Missions and their family memebers. (iv) Persons detained under preventive detention law. (v) Any other person authorised by Election Commission of India. What is the status of the Right to Property in Indian Constitution? Though right to Property was a Fundamental Right, it was converted into a legal right under Part XII (chapter IV) Art-300 A. of the Constitution through 44th constitution Amendment Act 1978. What are the functions of the Human Rights Commission of India? The Human Rights Commission of India formed under the Protection of Human Rights Act 1993, is a Statutory body which inquires into complaints of violation of Human Rights and negligence in prevention of such violation by a public servant and takes steps to promote Human Rights. Distinguish between Central Services and All India Services All India Services are Constitutional (Art. 312) whereas Central Services are non-constitutional. All India Service officers serve both the Centre and the Stares (where as) Central Service officers serve only the Union. What is the content of the 10th Schedule of the Constitution ? The 10th schedule of the Constitution [Art. 102 (2) and 191 (2)] contains the Anti-Defection law that was introduced through the 52nd Constitution Amendment Act 1985 and further amended by Constitution 91st Amendment Act' 2003. Define Financial Emergency. How many times has this been proclaimed so far? Under Article 360 of the Constitution Financial Emergency is a proclamation by the President of India that a situation has arisen whereby the financial stability or credit of India or any part of the territory thereof is threatened. So far, this has not yet been proclaimed.

DEFINE THE FOLLOWING TERM


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State
The state is a political association that established sovereign jurisdiction within defined-territorial borders and exercises authority through a set of permanent institutions.

Government
Government includes any mechanism through which ordered rule is maintained. Thus, the core functions of government are to make law interpret law (adjudication).

Casting Vote
The Chairman or Speaker or person acting as such, cannot vote in the first instance but can exercise a casting vote in the case of an equality of votes on any issue in the House,

Ordinance
Under Art. 123 of the Constitution, the President is empowered to promulgate ordinances when both Houses of Parliament are not in session and he is satisfied that a situation has arisen that requires immediate action. It has the same force and effect as laws made by Parliament.

Cabinet
The inner circle of the Council of Ministers which includes Ministers with Cabinet rank and the Prime Minister which discusses all the policies of the Government before introducing them in the Legislature.

Veto
Veto is a right given to some members of a body through which these members can override or obstruct a majority decision of that body.

Line Item Veto


It is a power that authorized Head of State to veto individual items of legislative measure, instead of having to veto the entire Bill.

Caretaker Government
It is the Government in the interregnum which comes into existence as soon as the Council of Ministers resigns or looses confidence or the Prime Minister dies. It lasts till the next Council of Ministers is formed. It is a Constitutional necessity under Article 74.

Chief Whip
An Official appointed by a political party from amongst its members in the legislature to regulate and monitor the behaviour of its members in the legislature.

Half an Hour Discussion


It arises out of the questions a ready answered. It can be held in Lok Sabha during the last half an hour on Monday, Wednesday and Friday. In Rajya Sabha it is held generally from 5 pm to 5.30 pm on any day allotted by the Chairman.

Leader of Opposition
The Leader of the largest opposition party having at least 1/10th of he strength of the Lok Sabha enjoys the rank of a Cabinet Minister and is called 'Leader of Opposition'. In moments of crisis, he is expected to cooperate with the Government.

Lame Duck Session


The last session of the old Parliament after election of a new Parliament. The members of old Parliament who could not get elected to the new are called lame duck members of new Parliament.

Bi-cameral Legislature
It means a legislature consisting of two Houses; the Upper House and the Lower House. The Lower House is called as popular House as its Members are elected directly by the people.

Special Majority
A majority of the total members nip and a majority of not less than two-third of the members of the House present and voting in both the Houses of Parliament.

Deadlock
When the Houses of Parliament finally disagree over the passage of a Bill where they enjoy equal legislative jurisdiction it is called a deadlock between the Houses of Parliament.

Quorum
Minimum required number of members to be present to validly transact the business of the House is called Quorum. It is one tenth of total number of members of the House including Speaker.

Joint Sitting
Under Article 108 of the constitution when there is a deadlock between the Houses, the President summons the members of both the Houses to sit together and vote on the disputed Bill. The speaker of Lok Sabha Presides over this sitting. Joint Sitting is summoned only for Ordinary Bills.

Recess
The period between the prorogation of Parliament and it's re-assembly in a new session is termed as recess.

Speaker Pro-tem
As soon as the new Lok Sabha is constituted, the President appoints a Speaker Pro-tem who is usually the senior most Member (in terms of number of years served in the Lok Sabha) of the House. He administers the oath to the newly elected Lok Sabha Members and presides over the election of a new Speaker.

Privileges
Privileges are certain rights belonging to each House of Parliament collectively and some others belonging to the members individually without which it would be impossible for either House to maintain it's independence of action or the dignity of it's position

Substantive Motion
A substantive motion is a self contained

independent proposal submitted for the approval of the House. It is drafted in such a way as to be capable of expressing the decision of the House.

Devolution of Power
It is the transfer power from central government to subordinate regional institutions Devolved bodies ha/e no share in sovereignty; their responsibilities and powers are derived from, and are conferred by the centre.

Subsidiary Motion
They are related to other motions. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House.

Calling Attention
It is a notice by which a member with the permission of the Speaker calls the attention of a Minister on any matter of public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date. It is an Indian innovation.

Motion
A Motion is basically a proposal brought before the House for eliciting decision or expressing the opinion of the House. Every question to be decided by the House must therefore be proposed by a Member as a Motion.

Government Resolution
Resolutions moved by Ministers generally seeking approval of the House on international agreements, treaties or conventions to which Government is a party.

Perjury
It is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a Court of Law or in any of various sworn statements in writing it is considered a serious offence as it can be used to usurp the power of courts, resulting in miscarriage of justice.

Confidence Motion
The rules of Parliamentary procedure in India does not provide for a Confidence Motion. It has come in vogue with the emergence of coalition politics. Under this, the Government itself brings a Motion seeking the confidence of the Lok Sabha.

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Closure
Closure is a procedure in Parliament adopted to wing a debate to an abrupt end and to seek a vote on the issue being debated. It is also applied to accelerate passage of Bills. Thus, it is not conducive to a healthy democracy.

Policy Cut
Cut Motion which says that, "the amount of the demand be reduced to 1" rupee is called Policy Cut. It implies that, the mover disapproves the policy underlying the demand.

Federalism
It usually refers to legal and political structures that distribute power territorially within a state. Federalism requires the existence of two distinct level of government, neither of which is legally or politically subordinate to if other.

Whip
Directive issued by a particular functionary of a Political Party to it's legislatures to vote in favour or against a particular issue on the floor of the House. Violation of Whip by a legislature invites disciplinary action under Anti-defection Law. Bill Bill is a draft legislative document. On enactment, it becomes an Act and assumes legally binding character.

Written Constitution
A single authoritative document that allocates duties, power and functions amongst the institutions of government and so constitutes higher law.

Ordinary Bill
Any Bill other than Constitution Amendment Bill, Money Bill and Finance Bill is called an Ordinary Bill. It can be introduced in either House of Parliament. Both the Houses enjoy equal legislative jurisdiction over it.

Contingency Fund of India [Art. 267] It is a statutory fund to meet the unforeseen expenditures. The fund is placed at the disposal of the Finance Secretary on behalf of the President.

Public Accounts of India [Art. 266]


All public money other than the Consolidated or Contingency Fund of India received on behalf of the Government of India is credited to the Public Accounts of India.

Budget
Under Article 112 of the constitution at the beginning of every financial year, the President shall in respect of the financial year, cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year. This is called Annual Financial Statement or Budget.

Repeal
To annul or setaside one legislative act by another legislative act is called Repeal. When an act is repealed it is considered as if it has never existed. But those transactions passed or completed are considered valid.

Guillotine
Due to paucity of time if the Lok Sabha adopts me demands for Grant of various Ministries without any discussion on them then it is called application of "Guillotine".

Repugnancy
An inconsistency or incompatibility between 2 or more provisions of the same written instrument is called Repugnancy.

Charged Expenditure
Those expenditure that are drawn from the Consolidated Fund of India without the approval of Government. It is provided by the Constitution itself to be incurred by the executive. Art. 112 (3) contains expenditure which are declared as Charged Expenditure.

Court of Record
Being a court of record implies that its records can be used as evidence and cannot be questioned for their authenticity in any court.

Double Jeopardy
The expression is used in American Law but not in Indian Constitution. But under Art. 20 (2) of the Indian constitution, a similar principle is laid down under which a person cannot be punished for the same offence more than once.

Coalition
A coalition is a grouping of diverse political parties brought together either through the perception of a common threat or the recognition that their goals cannot be achieved by working separately.

Judicial Activism
The assertive role played by the judiciary to force the other organs of the State to discharge their Constitutional duties towards the public.

Token Grant
It is granted when funds to meet the proposed - expenditure on a new service can be made available by reappropriation. It does not involve any additional expenditure.

Judicial Review
The power of the Court to hold unconstitutional any legislative enactment or executive order that it deems to be inconsistent with the basic law of the land.

Consolidated Fund of India (Art. 266]


It is a Constitutional Fund to which all receipts credited and all payments debited. No money can be appropriated out of this fund without a Parliamentary Law.

Prerogative Writs
Prerogative writs are one of the English

common laws which refer to the extra ordinary writs granted by the Sovereign as fountain of justice on the ground of inadequacies of ordinary legal remedies.

Government or a person in power without giving remuneration for the same."

Zonal Councils
Created under States Reorganisation Act 1956, the objective of Zonal Council is to deal with inter- state disputes, prevent parochialism and promote mutual interest between these states.

Mandamus Means a command". Under this, the court orders the person to whom its addressed to perform some public or quasi-public legal duty which he has refused to perform and the performance of which can not be enforced by any other adequate legal remedy.

Floor Crossing
The practice of floor crossing refers to the defection of a Member of Parliament from the Party he was elected, to another Political Party.

Chief Secretary
The Chief Secretary is the administrative head of the state administration. As the chief coordinator of the state secretariat and other administrative departments and as head of civil service, he is pivot of the state governance system.

Electoral College
It is a group of people who have been specially appointed/ nominated/elected in order that they should hold an election for a political office. It thus constitutes a way of making election to some significant position of power indirect rather than direct.

Preamble
The Preamble in general is a very comprehensive expression of the philosophy on which the whole Constitutional structure of a country is based. It sets out the main objectives which the legislature is intended to achieve. In is an essential feature of a written constitution.

By -Election
By - Election is a mid - term election to fill up one or few constituencies which have become vacant due to resignation, death or otherwise before the completion of the full term of the representative.

Delimitation
Delimitation means redrawing the boundary of Lok Sabha and Legislative Assembly constituencies on the basis of last published census, in such a way that all the constituency have more or less equal electoral strength.

Fundamental Rights
Those rights of an individual which are most indispensable assets for the attainment by an individual of his fullest intellectual, spiritual and physical stature. Human Rights As per the Protection of Human Rights Act 1993, ""Human Rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and are enforceable by Courts in India.

Buffer State
A small State lying between potential hostile larger States reducing the likelihood of open hostilities and lessening the risk of war.

Iron Curtain
A term coined by Churchill. It is applied to such countries which do not give other countries any information concerning their affairs.

Begar
Under Article 23 (1) of the Constitution 'Begar' means "labour or service extracted by the

Snap Poll
Refers to mid - term election which are held

within a short notice as a result of sudden and surprising dissolution of a legislature.

Brain Drain
Brain Drain is a situation in which qualified and trained human resources such as technicians and scientists migrate to other countries in search of better opportunities and careers. Thus, the country which has invested heavy resources suffers and its development is undermined.

Budget year
The Budget year refers to the financial year which in India Commences on 1 April and ends on 31 March of the following year. The present financial year was first adopted in India in 1860.

Gerrymandering
Unethical political practise by a ruling party to demarcate the electoral constituencies in a manner which ensures election of more candidates of the ruling party.

Bandh
This is pressure technique to highlight some issues, in which a political party or pressure group gives call for the closure of shops, government offices, schools and other activities for a certain period. Bandh is organised to protest against the policies and programmes of the government.

Hung Parliament
After General Election, when no Political Party or combination of Parties is in a position to form a majority Government, the Parliament of such a nature is Hung Parliament.

Curfew
Curfew is an extraordinary step taken by the government to impose restrictions on the movements of people in order to restore law and order in a place. The curfew is imposed for a fixed time or indefinite period and the same is announced to the affected people.

Referendum
Referendum gives the final authority to the people to accept or reject the proposed law or Constitutional Amendment of the legislature.

Interim Government
Formed during the transition phase of the history of a country, it is a full-fledged Government and it has power to take any political decision in the larger interest of the Country.

Coup detat
Violent or illegal change or overthrowing of government by a group of people is called coup detat. The success of coup depends on as to what extent government authority has been captured by the group or people.

Minority Government
Government which does lot enjoy the confidence of the Lok Sabha on its own but thrives on the support extended by other political parties from outside the Government.

Embargo
It refers to imposing restrictions on the movements of ships of other countries by a country in her territorial seas and harbours. The Embargo is imposed during war against the ships of enemy country. There are specific rules of International Law which regulate the imposition of Embargo.

Privilege Motion
This Motion is moved by a Member if in his opinion any Minister or any of the Members commits a Breach of Privilege of the House by withholding any fact or by giving a distorted version of facts.

Hot Line
It means exclusive line of communication established between two countries in order to facilitate direct communication without any obstacle between leaders of these countries.

The Hot Line is not open to general public. Its purpose is to facilitate direct communication between top leaders of two countries in crisis or other urgencies.

Snap poll
This refers to mid - term elections which are held within a short notice as a result of sudden and surprising dissolution of the Legislature. The elections of 1971 after the dissolution of the Lok Sabha is an example of snap poll.

Martial Law
If the civil administration fails to enforce law and order in an area, the same is handed over to the Army and its administration is carried out in terms of military laws. This is called enforcement of Marital Law.

Territorial waters
The term refers to the extent of territorial jurisdiction of a country in a adjacent sea waters. In terms of present principles of International Law, the territorial waters of a country extend upto 12 Nautical Miles from its land boundary. Thus, a country can exercise all sovereign rights in the territorial waters up to 12 Nautical miles.

Manifesto
It refers to a document of political parties, listing their policies and programmes and their achievements and it is released to general public before every general election.

Privy Purse
After independence, many princely states were merged with the Indian Union on the condition that the Government of India will pay some fixed amount of money on annual basis to the rulers of such princely states. They payment of this money is called privy purse. The provision of privy purse was made in order to compensate rulers of princely states for the loss of revenue suffered by them due to merger with India. The payment of privy purse was stopped in 1971 by the government.

Universal Suffrage
The term denotes providing voting rights to all the adult people of a country without any distinctions of caste, creed, colour, religion, etc. The principle of universal suffrage is the basis of modern democracies.

Red Tapism
Traditionally the paper files used in official work of government were tied with a red tape. Thus, red tapism refers to undue delay in the movement of files or official business due to bureaucratic hurdles at various levels. The undue delay in official transactions and procedures defeats the very purpose of government policies and programmes.

Referendum
This is a method of collecting peoples opinion on a controversial issue. This is conducted to feel popular reaction on an issue of public importance. The difference between Plebiscite and Referendum is that the former is organised to know peoples view in order to decide very important political and constitutional questions.

Repatriation
It means returning back of people (refugees) or sending back of war prisoners to their own country from/by another country. For example, India is gradually repatriating Chakma refugees to Bangladesh.

One Word Questions

A case of dispute in the presidential election is referred to the

Supreme Court Qualifications for appointment as Governor have been stated under Article 157 The age of the retirement for the judges of the High Court is 62 years The provision for suspension of the enforcement of the rights conferred by Part III during emergencies has been made under Article 359 The Writ which literally means we command is Mandamus is the highest legal adviser to the Government of India. Attorney General of India decides the question of disqualification of a member of the Lok Sabha. Speaker The time gap between two sessions of the Parliament should not exceed six months The residuary powers under the Indian Constitution rest with the Parliament The Prime Minister is responsible to the Lok Sabha National Integration Council is chaired by The Prime Minister The credential of all Ambassadors or High Commissioners of foreign countries are received by The President

No money bill can be introduced in the Legislative Assembly without the recommendation of the Governor Any dispute between the two houses of the Parliament can be resolved by joint sitting of both the houses summoned by the President The provisions as to disqualification on grounds of defection by a member of Parliament are contained in 10th schedule The minimum number of members that must be present to hold the meeting of the Lok Sabha is 1/10 of the total membership of the house The number of members of a state Legislative Assembly cannot be more than

500 The proclamation of national emergency ceases to operate unless it is approved by the parliament within one month The first no confidence motion was moved in the Lok Sabha after independence was in the year 1963 A bill for alteration of boundaries of states shall not be introduced in the Parliament without the recommendation of The President The Supreme Court passed the special judgement that the basic tenets of our constitution cannot be changed by the Parliament by any amendment, in the case. Minerva Mills Ltd. & others A member of Parliament will lose his seat if he remains absent from all meetings without permission for a period of days. 60

Judges of the Supreme Courts cannot practice, after retirement, in any courts in the country If the Finance Minister fails to get the annual budget passed in the Lok Sabha, the Prime Minister should be expected to submit the resignation of his/her cabinet The name of an Indian State can be changed by

the Parliament of India The Finance Commission is a body. Quasi-Judicial The article which lays down the amendment of the constitution is 368 The introduction of no confidence motion in the Lok Sabha requires the support of at least members. 50 Betting and Gambling is included in list. State Prisons are included in list. State According to the Indian Constitution, the ministers shall hold office during the pleasure of the Prime Minister of India The function of a Public Service Commission in India is Advisory In of the constitution, reference to Hindus shall include a reference to Sikhs. Article 25 Raja Chellayya Committee dealt with tax reforms The Constituent Assembly of India took all decision by consensus
The Amendment procedure of the Indian

Constitution has been modelled on the constitutional pattern of which country? South Africa . How many languages have been recognised by the Constitution of India under 8th Schedule. 22 The provision for a Consolidated Fund of India and Consolidated Fund for each state has been made under which article? Article 266 The basic aims and objectives of the constitution are discussed in The preamble Which Article was described as the heart and soul of the constitution by Dr. Ambedkar? Article 32 Name the words which were added to the Preamble by the 42nd Constitutional Amendment. Socialist, Secular, integrity On whose recommendation was the Constituent Asse-mbly formed? Cabinet Mission To whom does the Public Accounts Committee submit its report? The Speaker of the Lok Sabha, Who is the executive head of a state in the Indian Union? The Governor If a state is under Presidents rule, then the state Budget is passed by whom? The Parliament By how many years has the 62nd Amendment of the Constitution in 1990 extended the reservation for persons belonging to SC and ST in Public Services? 10 years What is the power of the Rajya Sabha in regard to money bills? It can only withhold the bill for 14 days to make recommendations

How many states in India have bicameral legislature?

What is meant by Capital Punishment?

6 Name the Union Territories which have a legislature and a Chief Minister? Puducherry and Delhi Which state in India has the largest membership in its Legislative Assembly? Uttar Pradesh Who finances the Village Panchayat? State Government Freedom of the Press is guaranteed under which Article? Article 19 (1) Who is legally competent to declare war or conclude peace? The President How many times has a national emergency been declared so far by the President? Thrice Which parliamentary comm-ittee in India is normally chaired by a prominent member of the opposition? Public Accounts Committee What is contained in the Tenth Schedule of the Constitution? Provisions regarding disqualification on grounds of defection How many times can the President of India seek re-election to his post? Any number of times How many committees were set up by the Constituent Assembly for framing the Constitution of India? 13 Name the article which empowers the President to appoint the Prime Minister of India. Article 74

Death sentence In which year was voting age reduced from 21 to 18 in India? 1989 A party in India in order to be recognised as official opposition in the parliament should have at least how many seats? 1/10 th of the elected members of the parliament

Which is the oldest financial committee in the Parliament?

Public Accounts Committee Extradition is included in which list? Union List Through which resolution, the Lok Sabha brings a change in the Government? No Confidence Motion What is the maximum number of starred questions that can be asked in Lok Sabha on a particular day? 20 How long does a national emergency duly proclaimed and approved by the Parliament remain in force? Until repealed States earn more revenue directly through which tax? Sales tax In the case of subjects not mentioned in any of the three lists, the power to make laws rests with whom? The Union Government In which year the state reorganisation Bill was passed by the parliament? 1956

86th Amendment to the Constitution and Consequential Enactment

The Constitution (86th Amendment) Act, 2007 has inserted ion the constitution a new article 21 A after article 21. The new article 21 A after article 21. The new article 21 A deals with Right to Education. It reads - The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may by law, determine. Substitution of new Article for Article 45. For Article 45 of the Constitution, the following Article shall be substituted, namely, provision for early childhood care and education to children below the age of six years. Article 45 : The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Article 51 A of the Constitution was amended and a new clause (k) was added after clause (j) namely K who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.

influence has been shrinking his areas of influence are growing day by day. The main factors influencing the emergency role of the collector are (a) Democratic set up in the country. (b) Various attempts at de-centralization (c) Increasing Developmental Responsibilities (d) Increase in Public consciousness The promulgation of the new constitution has weakened the position of collector. Article 50 envisages for the separation of executive and judicia ry powers. There are now separate Judicial Officers in the district and therefore the collector no longer holds the same judicial a uthority a s he did ea rlier as a District Magistrate. The emergence of political parties has diminished the importance of the office of the Collector. Parties have become an extremely important channel of communication between the government and people and the collector is more than often side tracked while ta king decisions affecting common man. The introduction of new technica l departments like Agriculture, labour, irrigation, cooperatives etc. together with officers who head these departments at the state level, have all led to diminishing of the authority of the collector. Some of the technical departments are headed by specialists and are independent of collector. The democratic decentralisation in the form of Panchayat Raj Institutions has further eroded the powers of the collector. The Zilla Parishads ha ve emerged as sepa ra te power centres independent of the collector. At present the portfolio of the Collectors office generally includes the following functions and activities. He acts as the Head of Land and Revenue

Role of District co llectors in Administration

The District Collector is the officer in charge of the administration at the district level. The Collector, as the hea d of the district administration, occupies a unique position in the Indian Administrative System. Though he has been appointed by Central Government, he works under the supervision of sta te government. The institution of District Collector was first established in 1772. The nature of the role of the District Collector has been constantly changing since independence. Though his

Administration, including responsibility for District Finance (expenditure and audit). The Collector handles all matters connected with land reforms and revenue administration (including custody of government lands) Collector acts as the district head of the Executive Magistracy and over all supervision of law and order and security and some say in the police matters. It is the officer in over all charge of Law and Order and internal security in the district. The collector is the licensing and regulatory authority under various special laws such as Arms and Cinematography Acts etc. in the districts. He acts as the officer-in-charge of Disaster Management. The Relief / Disaster Management branch of the Collectors Office deals directly with these functions. The Collector is the District Election Officer for Parliament, State Legislature and Local Bodies. In most States, the collector has a direct role to pay in the functioning of the Food and Civil Supplies Department at the district level. He overseas the implementation of the Public Distribution system and has powers to enforce provisions of the Essential Commodities Act and related Rules and Orders. The collector plays a very critical role in the execution of welfare programmes such as those relating to disability, old age pension etc. either through direct superintendence or through over sight. The collector plays a very critical role in the execution of welfare programmes such as those relating to disability, old age pension etc. either through direct super intendence or through oversight. The collector is the principal Census Officer. One of the most important roles of the

collector is to coordinate activities of other agencies or departments at the district level. Though may activities of Agriculture, Irrigation, Industry etc transferred to Panchayat Raj Institutions and local bodies, the Collector still has some role in many of these programmes. He chairs meetings of various committees of Agriculture, Animal Husbandary Veterinary, Sericulture, Handlooms, Textiles, Irrigation and Industries departments. He also reviews their activities in monthly or bimonthly meetings and coordinates among the departments. The Collector acts as a guardian of public lands with the responsibility to prevent and remove encroachments which are often a source of tension between vested interests and the district administration. He landless issues of local cadre management such as recruitment, in service training and promotion. He acts as the Chief Information and Grievance Redressal Officer of the district. Though, a ma jor pa rt of the Huma n Resource Development is transferred to the Panchayat Raj institutions, the District Collector has been retained as Chairman in some of the district level committees. The District Collector has specific powers entrusted to him under several Union and State enactments. These statutory powers have to be exercised with care and responsibility. Thus the collector is responsible for a multiplicity of tasks at the district. He will have the role of a coordinator, facilitator and a person who is responsible for inter sectorial coordination of various activities that characterise the work of our grass roots administration. He is the functiona ry who would provide overa ll leadership in the district in the task of nation building. Hence, the collector would remain a key figure in the scheme of administration at the field level.