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INDIAN POLITY

Only 1 question was asked this year directly from the constitution of India. Given
the fact that RBI is not focusing on Political System of India, we should not spend a
lot of time on the constitution. However, I am providing a complete handout for
those who wish to read about Indian Constitution and cover the syllabus in
entirety. This handout is for revision purpose. If you wish to understand the
Constitution from start, you will have to read Laxmikanth as it cannot be
compressed while maintaining the same level of understanding. The handout can
be used effectively by those who have already gone through Laxmikanth, in order
to revise Indian political system.

The question asked in 2016 was-
“How many members are appointed in the estimates committee of Indian
parliament”

















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EXECUTIVE:
Executive consists of Political and Permanent Executive
Political- President, Vice President, Prime Minister, Council of Ministers, Attorney
General
Permanent- Bureaucrats. They are appointed for day-to-day administration


President

Election of the President:
• Done by a system of proportional representation by means of single transferrable
vote.
• Voters- the elected members of Lok Sabha, Rajya Sabha and the State Assemblies,
and elected members of the UTs of Delhi and Pondicherry. Hence, nominated
members do not participate.
• Only SC has the jurisdiction in case the election of President is challenged. Acts
done by President before declaration of SC to disqualify her (election) are not
invalidated and continue to remain in force
• Value of vote of 1 MLA = (Population of state as per 1971 census) / (Total number
of elected MLAs * 1000). UP has highest vote value per MLA and Sikkim has lowest.
• Value of vote of 1 MP= total value of votes of all MLAs/number of elected MPs
• Oath of the President is taken by Chief Justice of India.

Why indirect election:
• President is a nominal head. It would be anomalous to elect president directly and
not give her real powers.
• Direct election would be a costly and a time consuming process.


Qualifications:
• Citizen of India
• More than 35 years in age

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• Qualified for elections to the LS
• No office of profit in the Union government or any state government or local
authority or any public authority (However, President, VP, Governor, minister of
union or state are not office of profit)
• Nomination should be subscribed by more than 50 electors as proposers and 50
electors as seconders.

Immunities:
• Immunities from any legal proceedings for his official acts
• Immune from criminal proceedings even in respect of personal acts
• Cannot be arrested or imprisoned
• Immune from civil proceedings unless 2 months notice is given to start such
proceedings

Term:
• 5 years
• Resignation can be tendered to VP
• Can be re-elected any number of times
• Removal only by impeachment
• Continues in office before next President takes over (to prevent interregnum)

Removal/Impeachment:
• Removed only by process of impeachment for “Violation of the Constitution”
• Charges can be initiated by either House of the Parliament
• Charges should be signed by 1/4th members of the House and 14 days notice
served to the President
• After this, impeachment resolution can be passed by majority of the 2/3rd of total
members of the House, and goes to the next house.
• This house now investigates the charges, where President has right to appear and
be represented
• If the other house passes the resolution by 2/3rd of the total membership, the
President stands impeached

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They can be removed either directly by president or through referral to SC for ‘misbehaviour’. The advice of SC is binding. The impeachment of CAG is done same as that of a SC judge o Chief Election Commissioner. CEC or ECs (on address of parliament) • SC/ST appointments: © Anuj Jindal successrbigradeb@gmail. Powers of the President: Executive: • All executive actions are taken under his name • Appoints the PM and Council of Ministers. o Governor of States- governor of states are appointed at the pleasure of the President o Appointment of members of Water supplies commission o A special officer for linguistic minorities o Chairman and members of the Finance Commission • Removals made by president o Attorney-general o Chairman or member of UPSC or SPSC (on report of SC) o CAG. CVC- They cannot be removed by the parliament. Note: nominated members of the Houses can participate in the impeachment and only Houses of Parliament participate in the process. not the state assemblies. judge of SC or HCs. Hold office during his pleasure • Appoints/removes: o Appoints CAG.com 4 . and other election commissioners- appointment and removal same as SC judge o Chairman and members of the UPSC. They Hold office during his pleasure • Appoints the Attorney General of India.

science. suspensive and absolute) § If sent back to House with recommendations. o Appoint a commission to investigate into the conditions of SC and STs and OBCs • Can appoint any inter-state council to promote centre-state and inter-state relations • Directly administers the UTs through administrators appointed by him • Can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas Legislative • Can summon and prorogue the Parliament and can dissolve the LS • Can summon joint sitting of both the Houses which is presided over by the speaker of the LS • Can address the Parliament at the commencement of the first session after each general election and the first session of each year • Can send any message to LS and RS and can appoint presiding Speaker (and Deputy Speaker) of the LS and presiding Chairman (and Vice Chairman) in the RS in case the spot falls empty • Nominates 12 members in RS (special knowledge of literature. • Bills from the House: o Sent to President for his assent § May give his assent. art.com 5 . social service) and 2 members in LS (anglo Indians) • Decides the question of disqualification of the members of the House in consultation with the Election Commission • Bills involving any expenditure from the Consolidated Fund of India (Financial Bills I and Money Bills) and Bills involving the alteration of boundaries of states or creation of new state (Article 2 and 3) require his prior recommendation before introduction in the House. withhold it or send back the bill with recommendations to the House (vetos- pocket. and the bill © Anuj Jindal successrbigradeb@gmail.

com 6 . only period o respite- provided in case of a special condition o reprieve- stay Financial • Bills involving any expenditure from the CFI (Financial Bills I and II and Money Bills) can be introduced only on his recommendation • Annual Financial Statement (Budget) laid by him in front of the Parliament • No demand for grant can be made without his recommendation © Anuj Jindal successrbigradeb@gmail. judges of the Supreme Court. withhold it or send back the bill through governor with recommendations to the legislature o This time he is not required to give assent to a bill if it comes back again through the state legislature to him (opposite to the case in the Houses of Parliament) • Can promulgate Ordinances when Houses are not in session- A123 • Lays Reports before the Parliament of: o CAG o UPSC o Finance Commission o Report of the special officer for SC/ST o Report of the commission on backward classes Judicial • Appoints the CJI. judges of the High Court • Grants pardon- absolve (Article 72) o commutation- substitute with other punishment. Especially death sentence with life imprisonment. he must give his assent to bill regardless of changes made by the House • Bills of the Legislative Assemblies of States: o Governor may refer a bill for President’s consideration o May give his assent. comes back for his assent. o remission- no change of nature.

• The president can make advances from Contingency Fund of India • Constitutes Finance commission to plan on distribution of revenues between States and Centre Diplomatic • Foreign treaties etc. Army and Navy. Appoints Chief of Air. • The president can declare war and conclude peace – it requires approval of the Parliament Emergency • National Emergency - Article 352 • President’s Rule - 356 and 365 • Financial Emergency - 360 Veto Powers • Give his assent to the Bill • Withhold his assent to the Bill- absolute veto • Return the bill to the House- suspensive veto • Can withhold assent to any bill. except Constitutional Amendment Bills • No suspensive veto in money bills and constitutional amendment bill • If the parliament passes the bill again.com 7 . president must give his assent to the Bill • Pocket Veto - Neither ratifies. nor rejects. nor returns the bill o Keeps the bill pending for an indefinite period of time o Can exercise this power since no limit is given in the constitution o Exercised by Zail Singh in 1986 when Rajiv Gandhi government tried to pass the Post Office Bill to restrict the freedom of press © Anuj Jindal successrbigradeb@gmail. are done on his behalf and are later approved by the Parliament Military • He is the Supreme commander of the defense forces of India.

his judgment in this case can be justiciable in court on grounds of malafide intent (to bypass the authority of the Parliament) • An ordinance can only be on those subjects in which Parliament can make a law and has the same limitations as an Act of the parliament - no special treatment or differentiation between an Ordinance and an Act • Ordinance should be laid before the Houses when they assemble back. then acts done before lapse remains fully valid and effective • DC Wadhwa Case 1987 (post 44th amendment which made ordinance making © Anuj Jindal successrbigradeb@gmail. i.com 8 . However. or both not in session or the announcement for being prorogued has been made by the President • Can only do so when he is satisfied that such need exists due to circumstance. In this case: o They can be made into an act if passed through the Houses o If no action is taken by the Parliament. However. Ordinance Making Powers • Article 123 of the Constitution empowers President to promulgate ordinances when House is not in session Conditions of Ordinance: • Can only be promulgated when one of the Houses is not in session. it ceases to exists after 6 weeks of assembly of the Houses • The Ordinance can cease before 6 weeks if both the Houses disapprove it • Maximum life of an ordinance is 6 months and 6 weeks unless rejected • If the ordinance is allowed to lapse without being placed before the Parliament. he can withhold his assent in such case if needed.e. he cannot return them for reconsideration of the LS (as a money bill is introduced by his prior recommendation). • No Veto power in case of the Constitutional Amendment Bills - SHOULD give his assent in this case • No Suspensive Veto power in case of Money Bills.

• Court ruled that such re-promulgation of ordinances would amount to violation of the constitution and is liable to be struck down Pardoning Powers • Article 72 allows President to grant pardons to persons in following cases: o Sentence in case of offenses against the Union law o Court Martial o Death Sentence • SC has ruled that such power be exercised on the advice of the union cabinet • President’s decision not subject to judicial review unless in cases of arbitrary decision. president uses her discretion. mala fide or discriminatory Discretionary powers of president: (situational discretion. not constitutional discretion) • Appointment of PM when no party has a clear majority lies at the discretion of the President • Dismissal of Council of Ministers (CoM) when it fails to prove confidence of lok sabha.com 9 . irrational. the Governor of Bihar promulgated 256 ordinances with the same text. • In using suspensive veto. • Advice given by CoM can be sent back for reconsideration once by the president through her own discretion (44th amendment) Vice President Election: © Anuj Jindal successrbigradeb@gmail. justiciable in court) • Supreme Court pointed out that between 1967-81.

e. but generally the leader of the majority party in the Parliament is elected as the PM by the President • Sometimes. the leader of the largest single party is elected the PM by the President - here the President could use his discretion in electing a PM • He may appoint a PM even before the government has proved its majority in the Parliament. and the Cabinet According to the Constitution. not just randomly. when no majority exists. • Done by a system of proportional representation by means of single transferrable vote. majority of total members of the House). Not the members of state assemblies. Secret ballot. President appoints the PM- • However.com 10 . He may do so by appointing the PM (leader of the largest © Anuj Jindal successrbigradeb@gmail. Council of Ministers. Resolution is moved in the RS and then approved by the LS. • All members of Lok Sabha and Rajya Sabha. 14 days notice must be given before introduction of such a resolution. Can be removed by absolute majority (i. PM. • Citizen of India • >35 years in age • Qualified for elections to the RS • No office of profit in the Union government or any state government or local authority or any public authority • Oath is taken by president • Nomination should be subscribed by >20 electors as proposers and 20 electors as seconders • Impeachment not required. • Draws salary as ex-officio chairman of RS • Objective of having a VP- provides political continuity to Indian state.

NITI AAYOG. national integration council. other ministers are appointed on his advice.com 11 . Election Commissioners. the PM can be elected on discretion of the President in this case. Inter state council. Attorney General of India. national water commission. • The PM advises the President in summoning and proroguing the Parliament. • Holds office during pleasure of the President • He is the principal channel of communication between the President and the council of ministers • The PM advises the President on appointment of CAG. • Hence. they can be removed on his recommendation. Chairman and members of the finance commission. party) and ask him to prove majority within 1 month or stipulated amount of time • A person who is not a member of parliament can be appointed as PM given that he’s chosen as member of either house within 6 months. Council of ministers • Total number of ministers in the council of ministers shall not exceed 15% of © Anuj Jindal successrbigradeb@gmail. UPSC Chairman and members. Prime Minister as "linchpin of Government”? • The PM acts as a link between president and CoM and between parliament and CoM • All crucial decision making is done by PM • Communicates all decisions of CoM to president • He is appointed first. • PM is chairman of NDC.

their decisions as a council must be uniform and even if they disagree. They must resign if they are not prepared to collectively support the council of ministers and their decisions. • No Legal Responsibility: Ministers have no legal responsibility for their advice tendered to the President. the council of ministers does not cease to hold office.com 12 . Whenever the constitution requires satisfaction of the President. it’s not his personal satisfaction but that of the council of ministers with whose aid and advice the President exercises his powers and functions. The President cannot exercise executive power without the aid of Council of Ministers and any such advise would be unconstitutional as per Article 74. • Right of CoM to speak and take part in proceedings of the other house. which means that the President can remove a minister even when the Council of Ministers enjoys the confidence of the Lok Sabha. i. even after the dissolution of the LS.e. They must swim and sink together. Article 75 clarifies this position of the Council of Ministers. unlike britain where “the king can do no wrong” is followed making it necessary that an order is countersigned by a minister. Collective Responsibility: • Council of Ministers is jointly responsible to the Lok Sabha for their acts of commission and ommission. © Anuj Jindal successrbigradeb@gmail. If a minister disagrees and is not prepared to defend a decision. but no right to vote in the other house. the total strength of the Lok Sabha (91st amendment) • Advice tendered to the President by the Council of Ministers is binding on her according to the 42nd and 44th Amendments and it is not justiciable • The SC has held that. she must resign. • Individual Responsibility: Ministers hold office during the pleasure of the President. they cannot do so publicly. Article 75 clarifies this position of the Council of Ministers. • Cabinet decisions bind all ministers equally.

(first 3 headed by PM. kitchen cabinet vs cabinet- kitchen cabinet is a still smaller body than cabinet which is considered the real centre of power. no right to vote • The Attorney General of India is the Indian government's chief legal advisor. parliamentary affairs committee. and its primary lawyer in the Supreme Court of India. appointments committee. © Anuj Jindal successrbigradeb@gmail.com 13 . economic affairs committee. it is an informal body consisting of friends and family members of PM. Merits of kitchen cabinet: • faster decision making • maintaining secrecy • can meet more often and deal with issues better Demerits: • Reduces authority of cabinet • Allows outsiders to play an influential role in government functioning • Real authority with no responsibilty- responsibility lies on cabinet and COM. last headed by Home Minister) Attorney General of India (Article 76) • She is the highest law officer • She is appointed by the president • She holds office at the pleasure of the president • She must be qualified to be appointed as judge of SC • She submits resignation to the President • She has the right to speak and take part in proceedings of parliament. Cabinet committees: • Cabinet committees can be either standing or ad-hoc • They are meant for division of labour and effective delegation • Political affairs committee (super cabinet).

VP Singh’s National Front Government in 1989 asked all governors to resign as they were appointed by the Congress Government • Some were allowed to continue and some were replaced • The same happened in 1991 when the PV Narsimhan Rao’s government changed 14 governors appointed by VP Singh and Chandra Sekhar Government • The same happened in 2004 and 2014 under Modi’s government • Resignation letter by the governor is given to the president © Anuj Jindal successrbigradeb@gmail. Governor Role and Powers of the Governor: (part 6- State Executive) • Governor is the Chief executive of a state • He is the Nominal head of a state • He is considered as Agent of central government Appointment and Removal of the Governor: (may be removed at any time by the President as he holds the office in President’s pleasure and this is not justiciable) Appointment: • As per Articles 155 and 156. the President is bound to act on the aid and advice of the Council of Ministers. He stays in office at the pleasure of president. • Oath- taken by Chief justice of high court or senior most judge of HC Removal: No mechanism has been provided in the constitution for removal of Governor. which is non justiciable • Historically. hence effectively the Council of Ministers can also decide the removal or appointment of Governors. Governor is appointed by the President and enjoys the tenure "during the pleasure of the President”. • Under Article 74.com 14 .

Powers of the Governor Executive Powers © Anuj Jindal successrbigradeb@gmail. Governor should not be removed at the will of the central government but by a resolution of the State Legislature. in an unreasonable manner. If the prima facie case is established. the petitioner first has to make a prima facie case of arbitrariness or bad faith on the part of the Central government.com 15 . a constitutional bench of the Supreme court laid down some binding principles in this matter. Commissions and their Recommendations: • Sarkaria Commission (1988) - recommended that removal of governor should be extremely rare in reasonable cases and if it happens. • This should be done only in rare and exceptional cases. Governors should be able to make their case. • Venkatachaliah Commission (2002) - same as Sarkaria commission • Punchhi Commission (2010) - suggested that “during the pleasure of the President” phrase should be removed from the Constitution all together. (BP Singhal v. the court can require the Central Government to produce documentation on the basis of which such a recommendation was made. To do so. Union of India) • The power of the President to remove the Governor cannot be exercised arbitrarily. Supreme Court Interpretation: In 2010. • The mere factor that the Governor does not confirm with the political ideology or policies of the Government does not form a ground for the removal of the Governor. • Such a decision to remove the Governor can be challenged in the court of law.

The president has to either agree or reject the bill (can't send it back for reconsideration). • In case of other bills. annual financial statement have to receive his sanction to be laid down in state legislature. But he can reserve a money bill for the consideration of the president. • If a dispute arises over the qualification of any member for state legislature. • He appoints SPSC members. social service).com 16 . • He can nominate 1/6 members of Legislative Council for lsacs (literature. Legislative Powers • Money bills. Or he may reserve it for presidential consideration and the president in addition to agreeing or rejecting may also refer it back to the legislative assembly for reconsideration. The president may also refer the bill for SC's advice. demands for grants. • He appoints the Advocate General of the State who must have qualifications to be the judge of the High Court • He can't appoint judges of HC but has to be consulted by the president. his decision will be final and has to be based on the opinion of election commission. art. science. Veto Powers • He can't return a money bill for reconsideration of the assembly. Ordinance Powers In a concurrent list. he can send it back to the assembly for reconsideration with a message. • Can recommend imposition of constitutional emergency (president rule) in state to the president. • He can nominate 1 member of Anglo-Indian community. the governor's ordinance shall prevail if it has been made on president's instructions. But he can't remove them and their removal is only by the president on the report of SC on a reference made by the president. cooperatives. © Anuj Jindal successrbigradeb@gmail.

(c) such a matter would have been reserved by the governor in his discretion for presidential consideration. • The question whether any. • If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion. advice was tendered by Ministers to the Governor shall not be inquired into in any court. A president's instruction for promulgating an ordinance is needed when - (a) such a matter would have needed presidential assent after being passed by state legislature. the decision of the Governor in his discretion shall be final.” Judicial Powers of the Governor • Under Article 192 of the Constitution the power to determine whether any member of the legislative assembly has become subject to any of the disqualifications has been conferred on the Governor and his decision is © Anuj Jindal successrbigradeb@gmail. except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. Financial powers • money bill- prior recommendation of the governor is necessary • constitutes finance commission every 5 years to review position of panchayats and municipalities Discretionary Powers of the Governor Article 163 reads: • There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions. (b) such a matter would have needed presidential sanction to be introduced as a bill in the state legislature.com 17 . imposing restrictions on inter-state commerce under Art 304.g. and if so what. and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. e.

com 18 . powers. • Governor of Nagaland has special responsibility for law and order in the state. independence. is also given the power to frame rules in relation to the recruitment of the subordinate judiciary as well as appointing the members of the subordinate judiciary. (Union Judiciary) • India has an Integrated judicial system unlike USA. Supreme court: Judges: 31 Judges in the Supreme Court © Anuj Jindal successrbigradeb@gmail. • Governor of Assam- administration of tribal areas. • Governor of Arunachal Pradesh- law and order JUDICIARY Independence of Judiciary and the election of the CJI and Supreme Court. • Governor of Sikkim has special responsibility for social and economic advancement of people of the state. jurisdiction. Articles 124 to 147 deal with the organization. high court Judges • PART 5. Special Powers (Art 371) • Governors of Maharastra and Gujarat have to pay special attention to development of Vidharbha and Saurastra. • Governor of Manipur has special responsibility to ensure proper functioning of committee of the legislative assembly comprising of members from the hill areas of the state. procedures and so on for the Supreme Court. • The Governor. final. in consultation with the High Court.

criminal and special leave petition o Writ Jurisdiction- for enforcement of FRs. © Anuj Jindal successrbigradeb@gmail. Procedures assuring Independence of Supreme Court: • Mode of Appointment • Tenure of the Judges • Jurisdiction of the Supreme Court o Original Jurisdiction- dispute between units of Indian federation are solved by the supreme court under original jurisdiction. o Prohibition- issued by a higher court to a lower court to prevent it from exceeding its jurisdiction. o Mandamus- to command a public authority to perform his duties. It can be used only against judicial and quasi judicial authorities o Certiorari- issued by a higher court to a lower court to quash its order or transfer a case due to lack of jurisdiction or error of law. this writ is original but not exclusive. The SC then examines cause and legality of detention. civil. Prohibition directs inactivity. Certiorari is preventive and curative. Appointment: • CJI is elected by the President on advice of other judges in the Supreme court and High courts • Other judges are elected by the president after consultation with the CJI and such other judges of the Supreme Court and high courts as the president may deem necessary Consultation with the CJI is obligatory except in case of the nomination of CJI himself. To ensure ‘individual liberty’. It is used against judicial. o Habeas corpus- used to produce a detained person before it.com 19 . o Appellate Jurisdiction-constitutional cases. quasi-judicial and administrative bodies.

It can be sought by anyone. criminal contempt (publication of any matter or doing an act which lowers the authority of SC or interferes with justice) Controversy over Consultation of Judiciary: Three Judges Case which highlight and give historical background of this controversy First Judges Case (1982): • SC held that consultation of president with judges does not mean concurrence and it only implies exchange of views Second Judges Case (1993): • Reversed the previous ruling and changed the meaning of the word consultation to concurrence • Hence it ruled that the advice tendered by the CJI to the President of India is binding in matters of appointment of judges of the SC © Anuj Jindal successrbigradeb@gmail. o Quo Warranto- to enquire into legality of claim of a person to a public office. when asked to do so. supreme court has to provide advisory to the president. Other points on Judiciary: • Expenses of Judiciary are charged to the CFI • Ban on Practice after Retirement • Power to Punish for its contempt- civil contempt (wilful disobedience).com 20 . Supreme court may or may not provide advisory to the President. not necessarily the aggrieved party. • In case of Post constitutional treaties. Advisory Jurisdiction- Article 143 • In case of Pre-constitutional treaties.

the CJI must consult with the collegium of four senior most judges of the SC and even if two judges give an adverse opinion. • The second Judges case in 1993 curtailed this where it ruled that only the senior most judge of the Supreme Court must become the CJI of India. she must not send it to President as a recommendation. Qualifications: • Citizen • Judge of High Court >5 years or Advocate of High Court >10 years or • A Distinguished Jurist in opinion of the President Removal: • Resignation by writing to the president- o Only by President who must present such resolution in an address to the Parliament © Anuj Jindal successrbigradeb@gmail. Appointment of the CJI: • The senior most judge of the Supreme Court must be appointed as the CJI by the government Two instances where this didn’t happen: • 1973 when AN Ray was appointed the CJI superseding three other judges in the SC - all the 3 judges resigned • 1977 when MU Beg was appointed as the CJI superseding the then senior most judge. • But the CJI must consult with two of his senior most colleagues in such matter Third Judges Case (1998): • The SC opined that the process of consultation involves “consultation of plurality of judges” by the CJI and CJI’s opinion alone cannot be constitutional • Hence.com 21 .

o Must be passed in each House of the Parliament by Special majority - i. © Anuj Jindal successrbigradeb@gmail. The Controversy over the Collegium and the Judicial Appointments Commission: • As long as the process of judicial appointments remains opaque.e. CJI may appoint a judge of high court as temporary judge of SC with prior consultation with CJ of high court and consent from President. • Retired- CJI can temporarily appoint a retired judge as judge of SC with prior consent of president. 3 member committee to be formed by the Speaker o Committee should consist of the 1) CJI or judge of the Supreme Court (2) Chief justice of a high court (3) distinguished jurist o Then passed by each house if consideration is made to the House by the committee o Needs to be passed by both houses in the same session Adhoc and retired judges: • Ad-hoc- when there is lack of quorum in SC. majority of the total membership and 2/3rd of the members present and voting. selection of judges on considerations other than merit will continue Problems of Indian Judiciary: Too many vacancies in the High courts in India • As of June 2013. there were 276 vacancies out of a total sanctioned strength of 904 permanent and additional judges in all the High Courts of India.com 22 . • Grounds: proved misbehavior and incapacity- o A removal motion signed by 100 members in case of LS and 50 members in case of RS is given to the Speaker or the Chairman o Speaker may admit or refuse this motion o If accepted.

ethically compromised individuals being appointed as judges. Madras High court over judicial appointments © Anuj Jindal successrbigradeb@gmail. >>> The Union Minister of Law and Justice. • The political executive is of the view that the collegium system hasn’t worked well. is necessary to achieve the objective of appointing the best people as judges in a transparent fashion. and also from whom they should be appointed) • The government proposes to come up with a Bill for the appointment of judges to the higher judiciary replacing the current collegium system. • Protests over judicial appointments have been seen in Punjab and Haryana High Court. inefficient. community. but does not really focus on what merits those nomination decisions be based on Collegium experiment (Who appoints. along with the CJI and other senior most Judges of the SC would be members of this new JAC • There is growing evidence that the current system of judicial appointments has resulted in incompetent. the debate over the process of judicial appointments is once again heating up. hence a Judicial Appointment Commission. Canvassing for other criteria rather than meritocracy • Most States are witnessing major canvassing on caste. political and other considerations for appointment as judges. • As allegations and counter-allegations over the appointment of favourites fly thick and fast. in which the executive will have a say in the appointment of judges. How appointed.com 23 . Judicial Appointment Commission 2013 (NJAC) set by the government to create a process for selection of the Judges of the SC • Focuses not on “how” but “who” in the question of appointment of judges • Lays down rules on “who” or the committee that can nominate the judges in the SC.

the need is to broaden the debate on the appointment of judges by focusing on other relevant issues like having jurists as judges of the Supreme Court.” • A “distinguished jurist” refers to academic lawyers or law professors: people who have challenged and expanded the existing frontiers of legal knowledge through cutting edge research and teaching. a law professor. • Another issue- While “who” should appoint judges can be debated endlessly. There has never been much debate on this issue. never ever has a “distinguished jurist. an advocate in the High Court with 10 years experience. broadly. although India has produced some outstanding law © Anuj Jindal successrbigradeb@gmail. Irrespective of whether it is the executive. through years of painstaking research and teaching in their specialised domains. In the history of the Indian Republic. Law professors are academically trained to theorise and conceptualise.com 24 . we will have variations of the same problem of favouritism. Industrious law professors improve upon this training.” i. the judiciary or a Judicial Commission that appoints judges. Another issue- Today the greatest concern is the secrecy shrouding the appointments • The real issue is not who appoints judges but how they are appointed. been appointed as a judge of the Supreme Court. nepotism and appointments on criteria other than merit and capability. 63 long years after the Constitution was adopted. These well developed and nuanced theorising and conceptualising abilities have the potential of raising the bar of legal reasoning up by several notches. • This requires a certain ability to theorise and conceptualise. • Article 124 (3) of the Constitution. both the judiciary and the executive have consistently ignored this clear constitutional mandate. • Regrettably. as long as the process is opaque and appointments are made on personal considerations.e. a “distinguished jurist. often employing empirical and interdisciplinary tools. provides for three categories of persons who are “eligible” to be appointed to the Supreme Court — a High Court judge with five years experience.

e. professors worthy of the “distinguished jurist” tag. therefore. Other Judicial Reforms for better judiciary reforms- • Only some cases can be put for repeal in higher courts • Time alloted for oral argument (30 minutes in USA) • Conduct legal audit- why cases took so long • Repeal archaic laws UK Process of Appointment- The JAC in the UK assesses candidates against five merit criteria: • Intellectual capacity: Nominated candidates ought to demonstrate (a) a high level of expertise in chosen areas or profession with the (b) ability to quickly absorb and analyse information. (e) ability and willingness to learn and develop professionally and (f) ability to work constructively with others. • An ability to understand and deal fairly: This includes (a) the ability to treat © Anuj Jindal successrbigradeb@gmail. barring four instances. High Court judges. where practising lawyers (the second category) were directly appointed as Supreme Court judges Reforms • The crucial need.com 25 . is to evolve objective criteria to assess a candidate and make appointments on the basis of assessments against such stated criteria. all appointments to the Court have been made from the first “eligible” category i. (c) decisiveness. (d) objectivity. • We may usefully refer to the system adopted by the Judicial Appointments Commission in the United Kingdom to assess candidates. They should have (c) appropriate knowledge of the law and its underlying principles or the ability to acquire this knowledge where necessary. • Personal qualities: ranging from (a) integrity and independence of mind. (b) sound judgment. In last 63 years.

union law minister.S. everyone with respect and sensitivity whatever their background and (b) willingness to listen with patience and courtesy. but nothing prevents us from incorporating the key principles of transparency.S. tripura and manipur got theirs in 2013 • delhi is the only UT with its own HC Appointment: © Anuj Jindal successrbigradeb@gmail. system implementable as it is. • Authority and communication skills: The nominated person is expected to have (a) the ability to explain the procedure and any decisions reached clearly and succinctly to all those involved with the further (b) ability to inspire respect and confidence and (c) maintain authority when challenged. HIGH COURTS: • Total 24 high courts- meghalaya.com 26 . Key points of judicial appointments commission bill 2013: • Instead of a judiciary bound collegium. system for selection of judges. accountability and citizen participation underlying the U. setup a 6 member collegium (CJI. We may not find the U. are another example of transparency. • Efficiency: The ability to work at speed and under pressure and the ability to organise time effectively and produce clear reasoned judgments expeditiously US Process- • The ‘public’ senate hearings for appointments of judges to superior courts in the U. 2 eminent persons) • Amend A124(2) to give power to the president to appoint judges on the recommendation of JAC. 2 SC judges.S.

• CJ of HC- by president in consultation with CJI and governor of the state. and Fundamental Duties Types of Majority: • Absolute majority: This means > 50% of total membership of the house (without subtracting vacancies). Censure motions. Art 368. This is needed in the removal of speaker.com 27 . © Anuj Jindal successrbigradeb@gmail. • judges- by CJI with 2 senior most judges of SC. o 2/3 members present and voting + absolute majority. • Functional majority/simple majority: This is the simple majority. With this majority. resolutions passed by Houses of Parliament for discontinuation of a national emergency need simple majority. deputy speaker. CJ of HC Removal: • resignation to the president • Same procedure for impeachment as SC judges Basic Structure of the Constitution Basics and Major Issues in Fundamental Rights. RS can pass the following: § Special Power to the RS under this special majority: Art 249: RS can pass a resolution authorizing the parliament to legislate on a state subject for ≤ 1 year. DPSPs. • Effective majority: This means > 50% of (total strength of the house - vacancies). vice- chairman etc. Art 312: RS can pass a resolution authorizing the parliament to create a new all India service. • Special majority: o 2/3 members present and voting (no minima requirement).

The list of basic feature is not fixed. o 2/3 of total strength of the house- for Impeachment of president. SC held that no part was unamendable. • Validity of 24th constitutional amendment Act was challenged in Kesavananda case where it was held valid. So a constitutional amendment act is also a law under Art 13. But the doctrine of basic feature was propounded. According to the doctrine. • After Golak Nath the parliament sought to supersede it via 24th Constitutional Amendment Act. Art 169: in state assembly seeking to create / abolish vidhan parishad. The SC keeps amending the list by adding different items to the list of basic feature. approval for continuing national emergency (in both houses). 42nd Constitutional Amendment Act. The word 'law' in Art 13 referred to ordinary laws made by parliament in its legislative capacity and not constitutional amendment acts made under its constituent capacity. SC held that constitutional amending power was a legislative power conferred upon the parliament by Art 245.com 28 . This means that FRs can't be amended by parliament as they have been given a transcendental position under the constitution. Is any part of Constitution unamendable? • Until Golak Nath case. any part of the constitution can be amended subject to the condition that the amendment should not change the basic feature of the constitution. removal of a judge of SC / HC / CAG / CEC. • In Golak Nath case. 1971 by putting in Art 368 that a constitutional amendment act under Art 368 will not be a 'law' with respect to Art 13. 1976- • Judicial review of ordinary laws: For the first time a distinction was made between union laws and state laws for challenging their validity on grounds © Anuj Jindal successrbigradeb@gmail.

The birth has to be registered in embassy of India. • Art 326: Right to adult franchise. 1955 lays down following types of citizenship: o By birth: If one is born in India and ≥ 1 parent is Indian o By descent: If either of one's parents had Indian citizenship at the time of birth. Minerva mills case- upheld judicial review as basic feature of the constitution. • It introduced fundamental duties. except those living in Pakistan and Bangladesh) (b) Persons married to Indian citizens (c) Minor children of Indian parents who became Indian citizens after the birth. grant to him a certificate of naturalization o By incorporation of a territory: If India acquires some new territory © Anuj Jindal successrbigradeb@gmail. if satisfied that the applicant is qualified for naturalization. the Central Government may. Who are citizens? • Citizenship Act. (d) Overseas Citizen of India (OCI): Of ≥ 5 year standing with 1 year residence in India o By naturalization: Where an application is made in the prescribed manner by any person of full age and capacity not being an illegal migrant for the grant of a certificate of naturalization to him. Constitutional Rights- • Art 300A: Right to property. of unconstitutionality. Descent citizenship is as of right o By registration: (a) Persons of Indian Origin (PIO. • Art 301: Right to interstate trade and commerce.com 29 . It was provided that a HC can't pass judgement on a central law and SC can't pass judgement on a state law unless a central law had also been questioned in the same proceedings.

Status of Fundamental Rights- Status vis a vis US • Restrictions: Indian constitution itself puts the restrictions on the fundamental rights. it held that fundamental rights can't be amended since they have been given a transcendental position in the constitution and the term "law" in Art 13 includes constitution amendment acts. Then by 25th CA Act. • Educational institutions benefits. In the Keshavananda case. Since judicial review was a basic feature of © Anuj Jindal successrbigradeb@gmail. It held that no law in schedule 9 shall be subject to judicial review if it seeks to implement a directive principle. SC held that FRs can be amended but the amendment is subject to judicial review on grounds of violating basic features of the constitution. Earlier SC held the view that no part of the constitution including the FRs and Art 368 itself are unamendable. Benefits of Indian citizenship- • Can travel to India without visa. • Amendments: Indian legislature has time and again amended the fundamental rights. But in the Golakhnath case. 1971 parliament amended FRs. US rights were absolute and it was only later that judiciary evolved the power of restraining them. then those people will be given a choice.com 30 . In India the power to restrict fundamental rights has been expressly conferred upon the legislature by the constitution. will get a travel document similar to passport. • Property and investment in India will get domestic treatment. judiciary has only a judicial review.

the constitution.com 31 . 1976 Parliament amended Art 368 to say that any constitutional amendment act can't be challenged in a court and parliament's power to amend constitution is unlimited. This chapter of the Constitution has been described as the Magna Carta of India. contains fundamental rights. Same can't be said of US Bill of Rights. the court struck down these provisions. • Suspension of FRs during proclamation of emergency o As soon as emergency is proclaimed the state shall be freed from limitations imposed by Art 19. In the Minerva Mills case. the parts of 25th constitutional amendment Act which gave blanket immunity from judicial review were struck down (thus Art 31A and 31C survived while 31B had to go). o Art 20 and 21 can't be suspended under any case. It reinstates as soon as emergency is revoked. a presidential order is needed to suspend them. • Part-III of the Indian constitution is called corner stone of the constitution and together with part-4 (directive principles of state policy) constitutes the conscience of the Constitution. • Exhaustive list: FRs in part 3 of constitution are exhaustive in nature. o For other FRs (except Art 20 and 21). Fundamental Rights • Part-III of the Indian constitution from article 12 to 32. • FRs are not absolute rights and parliament can put reasonable restrictions. In 42nd constitution amendment Act. © Anuj Jindal successrbigradeb@gmail. Janta government removed right to property altogether. So citizens will have no protection against violation of Art 19 either during the emergency or after the emergency for excesses committed during emergency. In 1978.

© Anuj Jindal successrbigradeb@gmail. • 15 (2) No private discrimination as well on basis of RRSCB • 15(3) State can make special provisions for women and children. religion. sex. security of the state. OBCs. friendly relations with foreign states. • Equal protection of laws- equal treatment under equal circumstances. place of birth). • 15(5) Reservations in educational institutions including private whether aided or unaided (except minority unaided). Exceptions to the law are- o President / governor in discharging their constitutional duties. women and children. general public order. Article 15: No discrimination (only Indian citizens) • 15 (1) State shall not discriminate on basis of RRSCB (race. caste. Article 14: • The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. People in equal circumstances be treated equally and unequal circumstances be treated unequally. The grounds for the restrictions may be the advancement of SCs. o President / governor have to be given 2 months notice before launching a civil case which seeks compensation from them. • Equality before law (british) and equal protection of law (american): • Equality before law means that all are equal before law. etc. decency. • 15(4) State can make special provisions for socially & educationally backward classes. STs. o President / governor can't have a criminal case against them while they are in office.com 32 . morality. sovereignty & integrity of India.

2000 empowered the state to lower the cutoff marks or relax the standards of evaluation. Indira Sawhney Case (Mandal Commission Case) Art 16(4) • Court gave the doctrines of 50% limit. 2005. validity of caste as a measure of backwardness (social and educational). Reservation on economic basis alone is unconstitutional.com 33 . • 16(4) Reservation in favor of backward classes. adequate representation. This feature was struck down by 77th CA Act. 1951. Article 16: • No discrimination on basis of RRSCB in public employment • 16(1)- Equality of opportunity in public employment. administrative efficiency. • All reservations to women are justified on the basis of Art 15(3). • Art 15(4) was the 1st CA Act. 1995) • Initially courts held that efficiency of administration cannot be compromised in favor of reservations. © Anuj Jindal successrbigradeb@gmail. • Art 15(5) was the 93rd CA Act. • Court also held that such a reservation will be subject to judicial review. But 82nd CA Act. creamy layer. (as per 77th amendment. • 16(4)(a) Reservation in promotions is valid for only SC and ST but states need to make a law to enable validity of this section. • Court also held that reservation can be made only at entry level and cannot be made in promotions. • 16(3) exception- Residence is a valid ground of discrimination in certain categories of public employment. 1995 and Art 16(4)(a) was introduced legalizing reservations in promotions.

• 19(c) Freedom of forming associations and unions o Subject to sovereignty and territorial integrity of India. o Includes right to silence. Article 18: Abolition of titles • 18(2) Indian citizens can accept awards.com 34 . 1989. Later it was changed to SC/ST Atrocities (Prevention) Act. 1955 was passed. • 19(e) Freedom to reside and settle in any part of the country o Subject to public interest and rights of STs. right to demonstration (not strike). • 19(d) Freedom to move freely throughout the territory of India o Subject to public interest and rights of STs. public order. freedom of press • 19(b) Freedom of assembling peacefully and without arms o Subject to sovereignty and territorial integrity of India. public order. incitement to an offence. © Anuj Jindal successrbigradeb@gmail. (Bharat Ratna given for excellence in any field of human endeavor) Article 19: The six freedoms (apply only to Indian Citizens) • 19(a) Freedom of speech and expression o Subject to sovereignty and territorial integrity of India. Article 17: • Abolition of untouchability • To enforce this Untouchability Offenses Act. defamation. • State can give academic and military titles. public order. contempt of court. morality or decency. security of state. friendly relations with foreign states. but not titles from any other state/ foreign country.

public sector. court held that this article gives immunity only from the arbitrary action of the executive. fulfillment of technical qualifications. Indian constitution by using the words 'procedure established by law' had given preference to English system over the American system of 'due process' of law. Article 43 B) Article 20: conviction for offences (applying to both citizens and non citizens- from 20 to 28) • It prohibits retrospective criminal legislation. The reasonability test is not restricted to legislation alone but also applies to the procedure of implementing the legislation. (there is also a new Directive Principle on promotion of cooperative societies. o Subject to public interest.com 35 . • Such limitations decided by the state should be 'reasonable' and it is here in defining reasonable that judicial review comes into picture. • 19(f) Freedom to practice any profession / occupation. But if a legislature passes a law as per the procedure and competence then however unjust a court can't interfere. it has to be determined on a case by case basis. © Anuj Jindal successrbigradeb@gmail. There can be no general definition of reasonableness. compulsion to give self-incriminating evidence Article 21: Right to life and personal liberty • No person shall be deprived of his life or liberty except according to the procedure established by law • Evolution of Article 21: o Until the 1978 Maneka case. double jeopardy (convicting a person twice for the same offence). • Freedom to form cooperative societies as per the 97th CA act.

• Sting Operation Guidelines- It can be conducted only for a public purpose and there is no other means by which the truth can be brought in the public domain. it was held that Passive euthanasia may be allowed on a case by case basis notwithstanding Sec 309 of IPC (suicide) provided it is permitted by a HC and consent is given by the relatives / caregivers and a team of expert doctors. o In the case of Euthanasia (Aruna Shanbugh). unjust or unreasonable. Article 22: Protection against arrest and detention • No person shall be detained without being informed of the grounds of such arrest. In the Maneka case. Now the test of reasonableness is imported to determine the validity of a law depriving a person of his life or liberty. No person shall be denied the right to consult and be defended by a lawyer of his choice. free and compulsory education between 6-14 years. o The senior editorial board of the channel / newspaper must take responsibility and should be the one to authorize it.com 36 . Active euthanasia will continue to be a criminal act. o Since then the court has read many other rights within this right including RTE (Mohini Jain vs State of Karnataka Case. the minority of the court held a different view that a law could be challenged before the court on grounds of being unfair. this view became the majority. fulfilled Article 45 of DPSP. Every person detained shall be produced before a magistrate within 24 hours of the arrest. added a fundamental duty under A 51A. o In the 1971 Gopalan case. o RTE- A 21(A). 1992). • Preventive Detention- o A person can be detained under preventive detention only for up to 3 months. After that his case has to be produced before an Advisory © Anuj Jindal successrbigradeb@gmail. o The sting operation should not damage the privacy of the individual. 86th amendment.

Board which shall decide if the detention is justified. Article 23: Right against exploitation • There is a ban on human trafficking and forced labour. class.com 37 . • Position of preventive detention in constitution o Preventive detention was a concept prevailing before independence. caste). foreign affairs or security. o Union's power over preventive detention is limited to matters concerning national defence. by the detaining authority except when it is against public interest. In all other matters the power is held by states. But it doesn't ban state from imposing compulsory service for public purposes and in imposing such services the state shall not discriminate on basis of RRCC (race. o The provisions regarding preventive detention in constitution are not self executory in nature but a law has to be made to give effect to them. o The person has to be informed of the grounds of his detention as soon as may be. Article 24: Right against employment of children in factories etc Child Labor (Prohibition and regulation) amendment act 2016: • Prohibits engagement of children below 14 years of age in all forms of employment • Prohibits engagement of children between 14-18 years of age (called © Anuj Jindal successrbigradeb@gmail. So it would be difficult for any union government to impose its will on states. religion. working below minimum wages. o The person must have earliest opportunity to make his case against detention. Our constitution merely continued it but at the same time introduced constitutional safeguards upon it.

• Regulations made by state on any secular activity which may be associated with a religious practice. morality and health. Fine between 20. infanticide can't be justified in the name of religion.000 to 50. Article 27: • State shall not use public funds for the promotion and maintenance of a particular religion • State is prohibited from patronizing any one religion.000 INR • Allows child to work in a family enterprise after school • Allows child artists in audio visual entertainment industry Article 25: Right to freedom of religion • Freedom of conscience and freedom to profess. • Untouchability in different religions Article 26: freedom to manage religious affairs • Every religious group can establish and manage its own institutions including religious institutions and charitable trusts • They can own and acquire any property and administer it according to law.com 38 . adolescents) in hazardous occupations and processes • Fine and imprisonment on anyone who permits children to work (0-14 years). Such institutions can be managed by the groups in religious matters subject to public order. practice and propagate a religion Limitations: • Public order. Example. Imprisonment between 6 months to 2 years. But it can patronize all © Anuj Jindal successrbigradeb@gmail. morality and health.

• Benefits of minority status are: (a) Right to property is a FR for them. (b) reasonable restrictions to serve welfare of STs. Article 29: Any group having a distinct culture. • If school is administered by state but established under trust- permitted. language or script has a right to conserve it (covers religious and linguistic minorities) Article 30: • Minority communities shall have a right to establish and administer institutions of its own choice and the state in the matters of grants shall not discriminate against such institutes purely on this basis • An institution retains its minority character so long as it - (a) enables such minority to conserve its culture. © Anuj Jindal successrbigradeb@gmail. No person could be deprived of his property except according to law and such an acquisition could be made only - (a) for public purpose and (b) paying compensation. (b) gives a good education to the children of its minority. • If school is recognised by state. (b) Reservation policies of the government can't extend to MEIs. receiving aid from state- voluntarily permitted. (c) It can reserve up to 50% seats for students of its own community.com 39 . the religions without any discrimination. • Fee can be levied by the state for safety etc of religion shrines and pilgrims Article 28: Religious education in schools • If school is wholly maintained by state- no religious education. Article 31: Right to property Evolution • Initially right to property was a FR subject only to - (a) reasonable restrictions to serve emergencies of public welfare.

• 44th CA Act. • If the property is personally cultivated and doesn't exceed the statutory ceiling. 1976 sought to give a blanket immunity to all laws passed to implement any DPSP. 1955 which clearly specified that the adequacy of such compensation shall not be challengeable before court. • In both cases above. full compensation shall be paid. (a) Art 31A was amended to state that a law made for land acquisition or temporary takeover shall be valid even if it abridges Art 14 and 19. • By 25th CA Act. But in Keshavananda case the court again held that such an amount can't be illusionary and must be determined by a principle which is relevant to the acquisition. (b) Art 31B provides for blanket immunity to enactments placed in Schedule 9. (d) Art 31D has been repealed by 43rd CA Act. SC struck it down. Exceptions • If the property belongs to a minority educational institution. 42 CA Act.com 40 . But in Minerva Mills case. Article 32: Constitutional remedies • SC can't refuse relief under Article 32 once the infringement of a FR has been established on the grounds that the other disputed facts of the case have to be investigated. When SC in the Keshavananda case gave the doctrine of basic features and judicial review as one among them. 1978 took out the right to property altogether from Part 3 of constitution and placed it under Art 300A. • By successive amendments changes were introduced in Art 31 A-D to exclude the obligation of paying compensation. (c) Art 31C provides for immunity for any laws made to implement DPSP in Art 39B & 39C even if they contravene Art 14 and 19. • The court held the word 'compensation' to mean full compensation which necessitated 4th CA Act. 1977. © Anuj Jindal successrbigradeb@gmail. 1971 the word 'compensation' was replaced by the word 'amount'. But court continued to maintain an adverse position.

To cherish and follow the noble ideals which inspired our national struggle for freedom. 5. and to have compassion for living creatures. SC may refuse to correct it if the aggrieved person shows a blatant violation of FDs. linguistic and regional or sectional diversities. 4. 2. To value and preserve the rich heritage of our composite culture. To safeguard public property and to abjure violence. To defend the country and render national service when called upon to do so. • Mandamus is against administrative and judicial both while prohibition and certiorari are against judicial only. To develop the scientific temper. To uphold and protect the sovereignty. To protect and improve the natural environment including forests. To abide by the Constitution and respect its ideals and institutions.com 41 . humanism and the spirit of inquiry and reform. lakes. 8. the National Flag and the National Anthem. 1. unity and integrity of India. • All Writs have already been discussed above Fundamental duties • They are to be read together with FRs and in any case of violation of FRs. 3. 9. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious. 7. to renounce practices derogatory to the dignity of women. • Prohibition is at an earlier stage while certiorari is used to quash an order. rivers and wild life. 6. © Anuj Jindal successrbigradeb@gmail.

allowances and pensions of various constitutional dignitaries. Gandhian and liberal-intellectual) Socialist: • minimise inequality. as the case may be. state and concurrent) • Schedule 8: Deals with the languages of the country. • Schedule 7: Deals with the 3 lists (central. • Schedule 2: Deals with salaries. 11. between the age of six to fourteen years (included after Right to Education act 2009) Schedules of the Constitution • Schedule 1: Deals with names. • Schedule 12: Deals with powers to municipalities.com 42 . Who is a parent or guardian to provide opportunities for education to his child or ward. • Schedule 6: Deals with tribal areas. • Schedule 5: Deals with scheduled areas. boundaries of states. • Schedule 3: Deals with oaths of certain constitutional dignitaries. • Schedule 4: Deals with distribution of RS seats among different states. DPSPs: (can be divided into Socialist. social economic and political justice © Anuj Jindal successrbigradeb@gmail. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. • Schedule 9: Deals with the immune laws - cannot be challenged in Supreme Court • schedule 10- Anti defection • Schedule 11: Deals with powers to panchayats. 10.

Conditions: • Amendment to the constitution can be initiated in any house of the parliament by introduction of a bill. STs • Ban liquor • Ban cow slaughter liberal intellectual: • Strive to attain a uniform civil code • education till between 6-14 years compulsory- Article 45 • agriculture and animal husbandry to be done on scientific lines- A48 • protect environment • separate judiciary from executive Amendments to the Constitution Article 368 of the Constitution provides for Constitutional Amendment Act in the Parliament and the rules related to it. • equal pay for equal work • free legal aid to poor • right to work. It cannot be initiated in state legislatures • Can be introduced by any member of the parliament and DOES NOT need prior recommendation of the President • Each house must pass the bill separately and no provision for joint sitting is © Anuj Jindal successrbigradeb@gmail.com 43 . right to education • provide maternity relief • living wage Gandhian: • work towards creating village panchayats for self government • promote cottage industries • improve situation of weaker sections- education and economic condition of SC.

This means that at least 50% of the state legislatures must pass the bill as well but only by simple majority. President must give his assent. The following require this kind of amendment procedure to be followed- o Amending Election of the President o Extent of the executive powers of the State and Union o Dealing with Supreme and High Courts o Distribution of Legislative powers between states and the union o Any items on the list in the 7th schedule o Representation of States in the Parliament o Power of the Parliament to amend the Constitution and its procedures (Article 368 itself) © Anuj Jindal successrbigradeb@gmail. The following need special majority for amendment- o Fundamental Rights o DPSPs o All other provisions which are not covered by the second and third categories (i. No time limit subscribed.e.com 44 . by simple majority) By Special Majority and Consent of at least 50% of the states • Amendments dealing with Federal nature of the Constitution need to pass the provisions of special majority + consent of 50% states • Require special majority of the houses and also consent of at least 50% of the States. He cannot withhold his assent nor return the bill for reconsideration of the Houses Types of Amendments: Article 368 provides for only two types of Amendments: By Special Majority • Special majority means by majority of the total membership of each House separately and a majority of 2/3rd of those present and voting in each House separately. provided under this amendment procedure • After passing.

and so on of the President. but that does not fall under Article 368. Amendment can also be made by Simple Majority of the Houses. provisions connected to the parliament are covered in A79-122 • Article 163 and 164: there should be a legislature in the States.com 45 . privileges. boundaries or names of existing states • Abolition or creation of legislative councils in states (requires special majority in legislative assembly) • Second schedule - emoluments. the Speakers and judges • Quorum in the Parliament • Salaries and allowances and privileges of the members of Parliament • Rules of procedure in Parliament • Use of English in the Parliament • Number of puisne judges in the SC • Conferment of more jurisdiction to the SC • Use of official language • Citizenship • Elections to the Parliament and State legislatures • Delimitation • Union territories • 5th Schedule - Scheduled Areas and STs • 6th schedule - Tribal Areas Parliamentary System in India • Article 74 and 75: There should be a Parliament at the Centre. governor. By Simple Majority • Admission or establishment of new states • Formation of new states and alteration of areas. allowances. provisions connected to legislature are covered in A 168-177 © Anuj Jindal successrbigradeb@gmail.

com 46 . They act as a team and sink and swim together. Features: • Nominal and real Executive Heads of the State (President and Prime minister) • Majority Party Rule • Collective Responsibility o Ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular. • Political Homogeneity • Double Membership o Ministers are members of the Parliament as well as the Executive • PM is the leader and real head of the government • Dissolution of the Lower House o Can be dissolved by the President on advice of the PM Benefits: • Harmony between Legislature and the Executive as opposed to the Presidential form of government • Responsible Government • Prevents Despotism • Ready Alternative Government- continuity of government • Wide Representation- executive from elected legislature Cons: • Unstable Government • No continuity in policies- due to unstable government • Dictatorship of the cabinet • Government by amateurs- ministers are not specialists • Against separation of powers (executive and legislature) © Anuj Jindal successrbigradeb@gmail.

science. Procedures of the Parliament There are Three parts of the parliament: 1. Lok Sabha 2. 12 are nominated members by the President • States: Members of RS elected by state legislative assemblies by the process of election held in accordance with proportional representation by means of single transferable vote • UTs: Elected by electoral college formed for this purpose and held in accordance with proportional representation by means of single transferable vote (only Delhi and Pondicherry have RS members) • Nominated members: Nominated by President from fields of art. and 1/3rd members retire every 2 years. 238 are representatives of states and UTs.com 47 . Rajya Sabha 3. why is she considered a part? • President’s assent is necessary for a law • Summons. prorogues and dissolves • Issues ordinance Rajya Sabha: • Composition: 250 members. and social service. literature. Rajya Sabha is a continuing chamber Membership: • Citizen of India • Other qualifications as subscribed by the Parliament • >30 years in age • Registered elector from that state © Anuj Jindal successrbigradeb@gmail. Duration: • Ongoing house with 6 year terms for all members. President- not a member of either house.

530 are representatives of people directly elected by them. 530 elected. • President is authorized to dissolve the LS at any time even before the completion of 5 years and it cannot be challenged in court of law • Term of LS can be extended to a maximum of 1 year at a time during proclamation of national emergency for any length of time (one year each) • Extension of LS doesn’t happen six months after the emergency has ceased to © Anuj Jindal successrbigradeb@gmail. and 2 are nominated members by the President from Anglo Indian community • Currently: 545 members. sati Lok Sabha: • Composition: 552 members. dowry. 20 are from UTs. Disqualifications: • Holds office of profit under the Union or State government except those offices exempted by the Parliament • As per the RPA (1951): o Must not be found guilty of certain election offenses and corrupt practices in the elections o Must not be convicted of any offense resulting in imprisonment of >2 years. > 25% shareholder o Must not be dismissed from government service for corruption or disloyalty to the state o Not convicted of bribery or inciting violence among different groups o Not convicted of preaching social crimes like untouchability. works etc.com 48 . o Not a director or shareholder in government organization where govt. 13 from UTs and 2 anglo indians Duration: • 5 years from date of its first meeting when a new government is elected. Preventive detention not counted o Must not have failed to lodge accounts of election expenses within time o No interest in government contracts.

dowry. sati Territorial constituencies and delimitation: • 42nd amendment- froze allocation of seats of different states in LS and division of each state into territorial constituencies till 2000 at 1971 level. works etc. © Anuj Jindal successrbigradeb@gmail. operate Membership: • Citizen of India • Other qualifications as subscribed by the Parliament • >25 years in age • Registered elector from that constituency Disqualifications: • Holds office of profit under the Union or State government except those offices exempted by the Parliament • As per the RPA (1951): o Must not be found guilty of certain election offenses and corrupt practices in the elections o Must not be convicted of any offense resulting in imprisonment of >2 years. o Not a director or shareholder in government organization where govt.com 49 . Preventive detention not counted o Must not have failed to lodge accounts of election expenses within time o No interest in government contracts. > 25% shareholder o Must not be dismissed from government service for corruption or disloyalty to the state o Not convicted of bribery or inciting violence among different groups o Not convicted of preaching social crimes like untouchability.

• PR is expensive. Also refixed reserved seats of SCs and STs based on 2001 census. RS seat becomes vacant • If a sitting member of one House is elected to the second House. • PR system may not produce a clear majority in legislature. contact is between voter and representative. • 84th amendment and 87th amendment- allowed readjustment of territorial constituencies in states based on 2001 census. • 84th amendment- extended the ban till 2026. his seat in the first house becomes vacated • If elected to two seats in a House. • In FPTP. If doesn’t resign from one within 14 days his seat in Parliament is vacated © Anuj Jindal successrbigradeb@gmail.com 50 . thus impacting stability • PR system would encourage different communities to form their own party and obtain proportional representation in parliament. By default. In PR. he must exercise right to one seat otherwise both are vacated • Cannot be a member of both the Parliament and State Legislature at the same time. In PR. Vacating Seats: • Cannot be member of both houses at the same time • Intimate in 10 days which house he wants to be a member of. voters are often asked to chose a party and candidates are decided internally by the party. contact is between voter and party. That may not happen in FPTP. Reason for adopting First Past the Post (FPTP) over proportional representation for voting: • Simple to understand and implement • voters have a choice among parties and candidates both.

SC still has jurisdiction over this.com 51 . it should be passed with an absolute majority of Lok Sabha and not by an ordinary majority • While such resolution is on. she cannot preside on the LS though she may be present • if she loses her membership of parliament. Presiding Officers: Speaker and Deputy Speaker of the Lok Sabha: • Derives her power from the Constitution of India. the Rules Committee and General Purpose Committee • Salary charged on CFI Election: • Elected from the members in the House Removal: • Can only be removed after a resolution is passed in the Parliament for this purpose • Resolution must first be raised by a member with support of at least 50 members and she must be given a 14 days notice first • After a resolution is brought in the House. Rules and Procedures of the LS and Parliamentary conventions • Presides over joint sitting of both the Houses • Cannot vote in first instance but can vote in the event of a tie- casting vote • Decides whether a bill is Money Bill or not • Decides on disqualification of a member with reference to the anti-defection law. • Appoints chairman of all the Parliamentary committees in the LS. Herself the Chairman of the Business Advisory Committee. she ceases to be speaker • Removal by resignation to deputy speaker © Anuj Jindal successrbigradeb@gmail.

between sittings etc. Monsoon Session (July - Sept).com 52 . however. Speaker Pro Tem: • Speaker of the last Lok Sabha immediately vacates his seat when a new Lok Sabha’s first meeting is held • President appoints a Speaker Pro Tem to take care of proceedings till the time a speaker is elected • Generally the senior most member of the House Chairman and Deputy Chairman of the Rajya Sabha: • Vice President of India is the ex-officio chairman of the RS • Can only be removed from here if she is removed from the office of the VP • Same powers as the speaker. she DOES NOT decide whether is bill is Money Bill or not and DOES NOT chair the joint sitting of the two Houses • Chairman is not a member of the RS but can vote in case of a tie (cannot vote in first instance) Sessions of the Parliament • Maximum gap cannot be more than 6 months between sessions of a House • Budget Session (Feb - May). o Adjourn Sine Die - temporary but with no further time or date of meeting. Indefinite o Prorogation - terminates the sitting and also the session of the House - done by president only • Dissolution - done by President only. ends the very life of that existing Lok Sabha © Anuj Jindal successrbigradeb@gmail. Winter Session (Nov - Dec) • A “session” is time between House’s first seating and its prorogation • Adjournment - temporary.

Lapse in Bills on Dissolution of the house: A bill Lapses if: • Pending just in LS (whether originating in LS or RS) • Pending in RS lapses (when passed by LS) However. speak and also participate in any committee meetings • Attorney general can participate in processing of both the Houses. speak and also participate in any committee meetings Division of a day in lok sabha: • 1st hour of every sitting is a question hour • Starred Questions o Requires an oral answer and hence supplementary questions can follow • Unstarred Questions © Anuj Jindal successrbigradeb@gmail. the bill will not Lapse if: • If president has notified joint sitting before dissolution of LS.com 53 . it does not lapse • Pending in RS but not passed in LS does not lapse (this means that the bill originated in RS itself) • Bill awaiting assent of the President does not lapse • A bill returned by the President for reconsideration of both Houses does not lapse Quorum of Parliament: • 55 members in LS • 25 members in RS Ministers and Attorney General: • A minister can participate in proceedings of any house (in RS even if he is not a member of the RS).

If adopted. it replaces the original motion • Subsidiary Motion o Motion that has no meaning in itself and is made in reference to another original motion • Ancillary Motion - used as a regular way of proceeding with various kinds of business • Superseding Motion - seeks to supersede an issue and moved in course of debate on another issue • Amendment - seeks to modify the original motion • Closure Motion o Introduced to cut short the discussion on vote on the motion o Simple Closure © Anuj Jindal successrbigradeb@gmail.com 54 . not mentioned in Rules of Procedure o Raise matters without prior notice o Starts immediately after the question Hour and lasts until the agenda of the day is taken up Motions: o Motions are passed to start discussions in the Parliament on various issues of public importance o House expresses its decisions or opinions by adopting or rejecting the motions passed by either ministers or its private members • Substantive Motion o Dealing with very important matter like impeachment of the President or removal of the Chief Election Commissioner • Substitute Motion o Moved in substitution of the original motion and proposes an alternative to it. o Requires a written answer and hence supplementary answers cannot follow • Short Notice Questions o Questions asked by giving a notice of <10 days and answered orally • Zero Hour o Informal device.

5 hours o Matter should be factual and urgent public importance o Only one matter o Not framed in general terms o Not to raise question of a privilege o Not to revive old discussions o Not to deal with matter under adjudication by courts o Cannot raise a matter that can be raised in distinct motion • No-confidence Motion o Moved against the entire council of ministers o To ascertain the confidence of LS in the Council of Ministers • Censure Motion o Can be moved against a single member or council of ministers o Moved to censure council of ministers for specific policies and actions © Anuj Jindal successrbigradeb@gmail.com 55 . o Closure by Compartments o Kangaroo Closure o Guillotine Closure • Privilege Motion o Concerned with the breach of parliamentary privileges by a minister by withholding facts of a case or by giving wrong or distorted facts • To Censure the concerned minister o Calling Attention Motion o Introduced by a member to call attention of a minister to a matter of urgent public importance and to seek an authoritative statement from him on that matter • Adjournment Motion • Draw attention of the House to a definite matter of urgent public importance and needs support of 50 members to be admitted o Extraordinary device o Involved element of censure against the government and hence the RS is not permitted to make use of this device o Discussion >2.

com 56 . all are put to vote) o Private member’s Resolution o Government Resolution o Statutory Resolution Legislative Procedures of Passing Bills Public Bills • A bill introduced by a minister on behalf of the government is a public bill • Reflects the policies of the Government • Greater chance of approval in the House • Rejection in the house leads to indication of non-confidence in the government • Requires 7 days notice for introduction • Drafted by the concerned department with consultation of the law department Private Bills • Introduced by a member who may not be a minister • Reflects the stand of opposition or opinion and policy demand of a member • Lesser chance of approval • Rejection in House has no implication • Requires 1 month notice for introduction in the House • Drafting of this is responsibility of the member Types of Bills: © Anuj Jindal successrbigradeb@gmail. • Motion of Thanks o Speech of President in the Parliament given on the Motion of Thanks • No-Day-Yet-Named Motion- a motion which is accepted by speaker but no date decided for discussion • Resolutions (all resolutions are substantive motions.

o Each clause is discussed and voted separately • Third Reading © Anuj Jindal successrbigradeb@gmail.com 57 . First Reading of the bill is done • Second Reading o During this stage. House can i) take the bill into consideration immediately or at some other date (ii) refer the bill to a select committee of the House (iii) may refer the bill to a joint committee of the two houses (iv) circulate the bill to elicit public opinion on it • Committee Stage o Usually the bill is referred to a select committee or a joint committee o Thoroughly examined o Can amend the provision of the Bill without changing the basic nature and principle of the Bill • Consideration Stage o Bill is now received from the Committee stage. If the Bill gets published in the Gazette with permission of the Speaker. the Bill is discussed and takes final shape o General Discussion o Principles of the bill are discussed but no detailed discussion takes place. Hence after this the first stage i.e. At this stage. Ordinary Bills- Can be introduced by any member of the House in any House of the Parliament 5 Stages of passing: • First Reading o The member has to ask the House for leave to present the bill to the House o When the House permits so. the member introduces the bill by just reading the title and objectives of the Bill o No discussion takes place o Bill then gets published in the Gazette of India. then no such reading needs to take place.

the President can summon the joint sitting of both the Houses for discussion and voting on the bill. Payment to or out of these funds comes under money bill © Anuj Jindal successrbigradeb@gmail. remission. Debate is limited to acceptance or rejection of the Bill. o Bill is voted upon. o After the Bill is voted. o However if it is rejected. held for more than 6 months or sent back to the First House with recommendations which are not accepted by the First House. alteration or regulation) and NOT those taxes by local bodies for local purposes • A bill related to Borrowing money by the Central government • Custody of the CFI or the Contingency fund of India. • Assent of the President o He may give his assent o He may withhold his assent o He may return the bill to the House for reconsideration - must give his assent when it is returned to the President for assent again Money Bills: • Article 110 of the Constitution deals with the definition of Money Bills • Money Bill is a type of Financial Bill as defined by the constitution Provisions on what is a money bill: • A bill Dealing with taxation by the Centre (imposition.com 58 . it goes to the Second House • Bill in the Second House o Here the Bill goes through the same process as the first House o If the Bill is accepted. abolition. it goes to President for assent. if the Bill is sent back with recommendations to the First House which are accepted by the First House it is considered to be passed and is sent to the President for assent.

a money bill passes because it is presented in the LS after the permission from the President. Money Bill is introduced in the LS by a minister - considered a Government Bill. they may or may not be accepted by the LS. If it gives any recommendations. final decision. Not justiciable. Financial Bills: • Financial Bills deal with revenue and expenditure. Generally. fiscal matters of the government. i. Technically. The President can only give his assent or withhold his assent to a Money Bill.e. The LS can or cannot accept RS recommendations and then the Bill is deemed to have passed. The bill is considered to have passed if the RS does not return it within 14 days. It is passed to the RS with an endorsement of the Speaker of the LS that it is a money bill. • Appropriation of money out of the CFI • Declaration of any charges or increasing amounts charged from CFI • Audit of the Union accounts • Receipt of money by CFI or public accounts of India The decision of the Speaker of Lok Sabha is final on whether a bill is Money bill or not. It must pass or return the bill to the LS within 14 days. Constitution defines the following as financial bills: • Money Bills (Article 110) • Financial bills (I) - Article 117 (1) - contains all matters of Article 110 and also matters of other general legislation © Anuj Jindal successrbigradeb@gmail.com 59 . He cannot return it to the House. RS has limited powers with respect to money bill.

however in all other ways it is treated as an ordinary bill.com 60 . JOINT SITTING of Houses • Cannot be called for money bills or constitutional amendment bills. only to ordinary or financial bills (I) and (II) • The Speaker of LS presides this meeting. • Chairman of the RS does not preside this sitting as he is not a member of the Houses Budget in the Parliament- Article 112 © Anuj Jindal successrbigradeb@gmail. if she is not available. he can also return the Bill to the LS with his recommendations. unlike in the money bill. any bill containing a clause for borrowing but doesn’t specifically deal with borrowing is considered a Financial Bill (I). Once the President receives the Bill. if she is not available then the Vice Chairman of the RS and following that any member selected by the Houses. • Financial bills (II) - Article 117 (3) Financial bills (I)- Article 117 (1) - • Contains all matters of Article 110 and also matters of other general legislation. • This means that RS can return the bill to the LS with recommendations which may result in a deadlock if the LS doesn’t accept the recommendations. i. the Deputy Speaker does. It can be introduced without president’s recommendation in either house. but does not include any of the matters mentioned in Article 110 • Treated as an ordinary bill except that it can be passed in either House only on recommendation of consideration by the President. Financial bills (II) - Article 117 (3) • Contains provisions involving expenditure from the CFI.e. • A Financial Bill (I) can be only introduced in LS after the recommendation of the President just like the Money bill.

He makes a speech introducing the Budget and it is only in the concluding part of his speech © Anuj Jindal successrbigradeb@gmail. The Budget speech of the Finance Minister is usually in two parts.com 61 . Token Cut Motion- Ventilates a specific grievance that is within the sphere of responsibility of the GOI. Part A deals with general economic survey of the country while Part B relates to taxation proposals. No discussion on expenditures charged from CFI. Presentation of Budget- the budget is presented in the parliament on a specific date. The General Budget is presented in Lok Sabha by the Minister of Finance. Policy Cut Motion- Represents disapproval of the policy and demand cutting of the demand to Re. 1. They are passed as it is. This is known as guillotine. Guillotine closure: On the last day of the voting on demands. Economy Cut Motion- Proposes that demand may be cut to a specified amount on basis of its economy/need 3. the Speaker puts all the remaining demands to vote and disposes them regardless of discussions. • There are two types of Expenditures to the CFI - “charged upon” and “made from” the CFI. Process of Budget: • Presentation of the budget • Vote on account • Discussion in 2 stages • Referring to standing committees for studying the budget • Appropriation bill • Finance bill Motions to reduce demand for Grants 1. Members can also advocate alternative policy 2.

Vote on Account- The discussion on the Budget begins a few days after its presentation. therefore. But during election year or when it is anticipated that the main Demands and Appropriation Bill will take longer time than two months. The ‘Annual Financial Statement’ is laid on the Table of Rajya Sabha at the conclusion of the speech of the Finance Minister in Lok Sabha. Funds of India: Consolidated Fund of India- • All revenue receipts. go into the CFI © Anuj Jindal successrbigradeb@gmail. proceeds from repayment of loans to the government and proceeds from issue of government bonds etc. A special provision is. the Vote on Account may be for a period exceeding two months. the Vote on Account is taken for two months only. Since Parliament is not able to vote the entire budget before the commencement of the new financial year. the necessity to keep enough finance at the disposal of Government in order to allow it to run the administration of the country remains. Normally. that the proposals for fresh taxation or for variations in the existing taxes are disclosed by him. Passing of Appropriation Bill: Appropriation Bill is introduced to provide for appropriation of funds from CFI for: • Grants • Expenditure charged on the CFI- No amendments allowed Passing of Finance Bill: • Legalizes the income side of the budget and completes the process of enactment of the Budget. made for "Vote on Account" by which Government obtains the Vote of Parliament for a sum sufficient to incur expenditure on various items for a part of the year.com 62 .

remittances and so on. The check that Parliament exercises over the executive stems from the basic principle that Parliament embodies the will of the people and it must. departmental deposits. the Committee system assumes great importance. Administrative accountability to the legislature through Committees has been the hallmark of our political system. judicial deposits. These are Provident funds. Parliament. The President can allow for withdrawal under emergency or unforeseen circumstances. the phenomenal proliferation of governmental activities has made the task of legislatures very complex and diversified. However. By its very nature. as a body cannot have an effective control over the government and the whole gamut of its activities. be able to supervise the manner in which public policy laid down by Parliament is carried out. savings bank deposits. • Controlled by the Executive of India Contingency Fund of India • Contingency fund is maintained under the president. Parliamentary Committees In a parliamentary democracy like ours.com 63 . • All expenditures legally authorized on the behalf of the GOI are made from the CFI • Money can be appropriated out of the CFI only through parliamentary law and procedures (appropriation bill) Public Accounts of India • All public money that doesn’t go to the CFI comes to the PAI. © Anuj Jindal successrbigradeb@gmail. Administrative accountability to the legislature becomes the sine qua non of such a parliamentary system. therefore.

Membership: • The Committee consists of 30 members elected annually by the Lok Sabha from amongst its members according to the principle of proportional representation by means of the single transferable vote. and • To suggest the form in which the estimates shall be presented to Parliament. efficiency or administrative reform. consistent with the policy underlying the estimates. improvements in organization. Public accounts committee Functions: • Examination of accounts showing the appropriation of sums granted by Parliament for the expenditure of the Government of India • The annual finance accounts of the Government and such other accounts laid before the House as the Committee may think fit • Apart from the Reports of Comptroller and Auditor General of India on Appropriation Accounts of the Union Government. the Committee examines the various Audit Reports of the Comptroller and Auditor General on revenue © Anuj Jindal successrbigradeb@gmail. • The Chairperson of the Committee is appointed by the Speaker from amongst the Members of the Committee. may be effected. • To examine whether the money is well laid out within the limits of the policy implied in the estimates. • To suggest alternative policies in order to bring about efficiency and economy in administration. • A Minister is not eligible to be elected as a member of the Committee. STANDING COMMITTEES: Estimates committee Functions: • To report what economies.com 64 .

Membership: • 22 members • The Public Accounts Committee consists of not more than 22 members comprising of 15 members elected by Lok Sabha every year from amongst its members according to the principle of proportional representation by means of single transferable vote and not more than 7 members of Rajya Sabha elected by that House in like manner. receipts. Committee on Public Undertakings Functions: • The functions of the Committee are to examine the reports and accounts of the Public Undertakings specified in the Fourth Schedule to the Rules of Procedure and Conduct of Business in Lok Sabha and the reports of the Comptroller and Auditor General thereon. and • To see whether in the context of their autonomy and efficiency. • The Chairperson of the Committee is appointed by the Speaker from amongst the members of Lok Sabha elected to the Committee. if any.com 65 . the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices. • All Government Companies whose Annual Reports are placed before the Houses of Parliament and all corporations in 4th schedule come under their purview Membership: © Anuj Jindal successrbigradeb@gmail. and if a member after her/his election to the Committee is appointed to hold such an office she/he ceases to be member of the Committee from the date of such appointment. • A Minister is not eligible to be elected as a member of the Committee. expenditure by various Ministries/Departments of Government and accounts of autonomous bodies.

The term of the Committee is one year. and if a member after her/his election to the Committee is appointed to hold such an office she/he ceases to be member of the Committee from the date of such appointment.com 66 . • 22 members • The Public Accounts Committee consists of not more than 22 members comprising of 15 members elected by Lok Sabha every year from amongst its members according to the principle of proportional representation by means of single transferable vote and not more than 7 members of Rajya Sabha elected by that House in like manner. 20 Members nominated by the Speaker from amongst the Members of Lok Sabha and 10 Members nominated by the Chairman. • A Minister cannot be a Member of the Committee and if a Member. Functions: • To consider the Reports submitted by the National Commission for Women and report on the measures that should be taken by the Union Government for improving the status/conditions of women in respect of matters within the purview of the Union Government including the Administrations of the © Anuj Jindal successrbigradeb@gmail. OTHER COMMITTEES: Committee on Empowerment of Women Membership: • It consists of 30 Members. • A Minister is not eligible to be elected as a member of the Committee. • The Chairperson of the Committee is appointed by the Speaker from amongst the Members of the Committee. after nomination to the Committee. is appointed as Minister. • The Chairperson of the Committee is appointed by the Speaker from amongst the members of Lok Sabha elected to the Committee. Rajya Sabha. she/he ceases to be a Member of the Committee. from amongst the Members of Rajya Sabha.

is appointed as Minister. Union territories • Union Government actions on welfare and education of women • Report on working of the welfare programs for women • Measure the actions taken by GOI in States and Unions on directions of the committee Committee on Welfare of Scheduled Castes and STs. Membership: • It consists of 30 Members. • Union Government actions on welfare and education of SCs and STs • Report on working of the GOI on due representation of SCs and STs in services and posts under its control • Measure the actions taken by GOI in States and Unions on directions of the committee © Anuj Jindal successrbigradeb@gmail. respectively of the Constitution • To report as to the measures that should be taken by the Union Government in respect of matters within the purview of the Union Government including the Administrations of the Union territories. she/he ceases to be a Member of the Committee. The term of the Committee is one year.com 67 . 20 Members from Lok Sabha and 10 Members from RS. They are elected according to the principle of proportional representation by means of single transferable vote. after nomination to the Committee. • The Chairperson of the Committee is appointed by the Speaker from amongst the Members of the Committee. Functions: • To consider the reports submitted by the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes under Articles 338(5)(d) and 338A(5)(d). • A Minister cannot be a Member of the Committee and if a Member.

in consultation with the Leader of the House. • In suitable cases the Committee has the power to indicate in the proposed time table the different hours at which various stages of a Bill or other Government business should be completed. Business Advisory Committee Membership: • Membership is composed of the Speaker of the Lok Sabha as the ex-officio Chairman of the Committee • 15 Members in LS. may direct for being referred to the Committee. 10 Members from Lok Sabha and 5 Members from RS. Joint Committee on Offices of Profit Membership: • It consists of 15 Members. They are elected according to the principle of proportional representation by means of single transferable vote. 11 in RS- elected by the Speaker and RS chairman • Members from opposition parties could be chosen as ad-hoc members but they are not counted in the quorum • The Deputy Speaker can be invited to attend the meetings • No term Functions: • The function of the Committee is to recommend the time that should be allocated for the discussion of the stage or stages of Government Bills and other business as the Speaker. Functions: • Look after the membership and if they might disqualify on the basis on office of profit Committee on Private Members’ Bills and Resolutions © Anuj Jindal successrbigradeb@gmail.com 68 .

com 69 . Membership: • 15 members selected by the Speaker of the LS • The Deputy Speaker is the ex-officio Chairman of this committee • 1 year term Functions: • Allot time for private members’ bills • Examine private members’ bills • Categorise those bills for importance Committee on petitions Membership: • 15 members selected by the Speaker of the LS • The Chairman of this committee is nominated by the Speaker • 1 year term Functions: • Examine every petition that is forwarded to it • Report to the House of the petition referred to it Committee on Privileges: Membership: • 15 members selected by the Speaker of the LS • The Chairman of this committee is nominated by the Speaker • 1 year term Functions: • Examine every question of privilege that is forwarded to it • To determine with reference to the facts of each case whether a breach of © Anuj Jindal successrbigradeb@gmail.

etc. promises or undertakings. rules. the circumstances leading to it and to make such recommendations as it may deem fit Committee on Subordinate legislation Membership • 15 members selected by the Speaker of the LS • The Chairman of this committee is nominated by the Speaker • 1 year term Functions: • Scrutinize and Report to the House whether powers to make regulations. have been made therein.. with a view to see whether suitable provisions for the laying of the regulations. Committee on Government Assurances Membership • 15 members selected by the Speaker of the LS • The Chairman of this committee is nominated by the Speaker • 1 year term Functions: • The functions of the Committee are to scrutinize the assurances.. promises. undertakings. sub-rules.com 70 . resolutions. etc. have been implemented and © Anuj Jindal successrbigradeb@gmail. and to report to the House. privilege is involved and. given by Ministers on the floor of the House from time to time during the Question Hour as also during the discussion on Bills. etc. if so. the nature of the breach. etc.. rules. rules. motions etc. the extent to which such assurances. conferred by the Constitution or delegated by Parliament are being properly exercised or not • The Committee also examines the Bills which seek to delegate powers to make regulations. bye-laws etc. or amend earlier Acts delegating such powers.

Committee on Absence of Members from Sittings Membership • 15 members selected by the Speaker of the LS • The Chairman of this committee is nominated by the Speaker • 1 year term Rules Committee Membership: • 15 members selected by the Speaker of the LS • The Chairman of this committee is the Speaker herself • 1 year term Functions: • Consider the matters of rules and procedures in the House General Purpose Committee Membership: • 15 members selected by the Speaker of the LS • The Chairman of this committee is the Speaker herself • 1 year term Functions: • Consider the matters of rules and procedures in the House House Committee Membership: • 12 members selected by the Speaker of the LS • The Chairman of this committee is the Speaker herself © Anuj Jindal successrbigradeb@gmail. where implemented whether such implementation has taken place within the minimum time necessary for the purpose.com 71 .

a statement explaining the reasons for delay has been laid on the Table and whether those reasons are satisfactory Joint Committee on Salaries and Allowances Membership: • It consists of 15 Members. The Chairperson of the Committee is appointed by the Speaker from amongst the Members of the Committee. etc. • In case of delay. Functions: • The functions of the Committee are to examine all papers laid on the Table by Ministers and to report to the House as to whether: • There has been compliance of the provisions of the Constitution. • 1 year term Functions: • Residential accommodations of members etc.com 72 . under which the paper has been laid. Act. 10 Members from Lok Sabha and 5 Members from © Anuj Jindal successrbigradeb@gmail. • There has been any unreasonable delay in laying the paper. Rule. Library Committee Membership: • Joint Committee of two Houses • 6 members from LS and 3 from RS • Deputy Speaker is the ex-officio chairperson Committee on Papers Laid on the Table Membership: • Consist of 15 Members nominated by the Speaker for a term not exceeding one year.

RS nominated by the speaker

Functions:
• Medical, Housing, Salaries etc.


DEPARTMENTAL COMMITTEES:
Major Things are as follows:

Membership:
• Minister cannot be a member

Term: 1 year

Appointment (nominated):
• By Speaker for Part II committees and Chairman for Part I committees

Composition: 31 members, 21 from LS and 10 from RS
Functions:
• Consider demands for their departments/ministries
• Examine bills pertaining to their ministries or departments
• Consider annual reports of Ministries
• Do not consider the Public Undertakings as they fall under Public Undertaking
Committee
• total 24 committees


State Legislature

Legislative assembly:
• 6 states have 2 houses (bicameral)- J&K, UP, BIHAR, AP, MAHARASHTRA,

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KARNATAKA. Other states have only 1 house.
• Strength between 60-500; AP, sikkim and goa have 30; mizoram 40; nagaland
46. sikkim and nagaland also have indirectly elected members in legislative
assembly.


Abolition / Creation of Legislative Council (2nd house) (Art 168, 169)
• The state legislative assembly has to pass such a resolution with a special
majority. Then the parliament has to ratify the resolution by a simple
majority.
• Such an act will not be deemed to be a CA Act.


Composition of Legislative Council
• Maximum 1/3 of assembly strength, minimum 40
• 1/3 members elected by legislative assembly from non MLAs.
• 1/3 members elected by local self governing bodies.
• 1/12 members elected by graduates of 3 years standing residing in the state.
• 1/12 members elected by teachers of 3 years standing residing in the state.
• 1/6 members nominated by the governor based on LSACS (literature, science,
art, cooperatives, social service).
• It is a permanent body and 1/3 of members retire after every 2 years.

Legislative Assembly:
• Duration: In case of emergency, its term may be extended. Such an extension
can be for up to 1 year at a time and ≤ 6 months after the lapse of
proclamation of emergency.
• Qualifications: A person has to be a voter in the state to be qualified to be
elected as a member of legislative assembly.


Legislative Procedures

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Money Bills- Same as parliament.

Other Bills
• Legislative council may hold a bill for a maximum period of 3 months from
the date of receipt in the first round. It may also move amendments to a bill
passed by Legislative assembly. The amended bill goes back to legislative
assembly. If the legislative assembly rejects the amendments and passes the
bill for a second time then in whatever form it is passed, comes back to
legislative council. Legislative council may hold it for a maximum period of 1
month. So total holding period is 4 months and legislative council has mere
advisory powers. There is no provision of joint sitting.
• If the bill originated in Legislative council is rejected by the Legislative
assembly, that is the end of it. If Legislative assembly moves amendments
such amendments shall prevail.



Reorganisation and Changes in Existing States, altering of name of the state or UT,
change areas or boundaries:
• Article 3 in the Indian constitution provides for the reorganization or creation
of new states from existing ones.

Process:
• A bill contemplating such a reorganization must only be introduced in the
Parliament after the prior recommendation of the President.
• The President must present and refer this bill to the state legislature
concerned for expressing its views within a specified period of time.
• The President is not bound by the recommendations of the state legislature.
He may accept or reject them as he wishes.
• When amendments to this bill are made in the Parliament, they may not be
required to be presented every time in the state legislature.

© Anuj Jindal successrbigradeb@gmail.com 75

com 76 . (not only on the advice of PM). • This law is NOT considered an amendment under the Article 368 and hence requires only ordinary majority Cession of Indian Territory to Foreign Country • Question came up in Berubari Union case which was ceded to Eastern Pakistan from West Bengal • SC ruled that cession of Indian territory to a foreign country does not fall under Article 2 and 3 and hence must fall under amendment of the constitution only under Article 368 Settlement of Boundary Dispute with a Foreign Country • Not cession. no such reference by the President is required. • subject to judicial review • to be approved by parliament within 1 month from issue with special majority • continues for 6 months at a time indefinitely © Anuj Jindal successrbigradeb@gmail. external aggression- external emergency • armed rebellion- internal emergency • proclaimed by president after receiving written recommendation of the cabinet. • In case of a UT. India is described as indestructible union of destructible states. hence does not require a constitutional amendment and can be done by executive action only (Bangladesh-india enclaves exchanged recently without any constitutional amendment) Emergency provisions: Unique as it converts federal structure into unitary temporarily without any constitutional amendment National emergency (Article 352) • war. • Therefore.

suspend or dissolve assembly. maximum of 1 year. • no effect on FRs Financial emergency (360): • approval within 2 months by simple majority • continues indefinitely © Anuj Jindal successrbigradeb@gmail. It can be extended further if national emergency is in operation or EC certifies. upto maximum of 3 yrs. state executive or legislative assembly is not suspended though • Parliament can make laws on state list also. FRs) • Executive can give any direction to the state. President can decide himself or take decision based on report of governor • When state fails to comply with directions of the centre- 365 • Approval within 2 months by parliament with simple majority • 6 months at a time.com 77 . • Life of LS and legislative assembly can be extended 1 yr at a time indefinitely • A19 is automatically suspended (external emergency) • A20 and 21 stay alive President’s rule (356 and 365) • If state cannot be carried in accordance with the constitution- 356. Effects: • president can dismiss CoM and CM. Such laws become inoperable after 6 months of end of emergency • President can change distribution of revenues between centre and state. (dissolution only after parliament approves President rule) • laws made are not suspended after end of emergency. • can be revoked by president or by LS with simple majority Effects: (on centre-state relations. life of lok sabha and legislative assembly.

© Anuj Jindal successrbigradeb@gmail.com 78 . • reduction in salaries. reservation of money bill for president.