Polity

Cover article 5 to 11

Total amendments in citizenship act - 8

September 2018 judgement - reservation in promotion - jarnail Singh vs laxminarayan case search it
- i.e. what is the name of the case

Mysore high court has defined untouchability

Criminal defamation - section 499 and 500 of IPC (civil defamation covered under - law of torts)

SC held in puttuswamy case - verdict in MP Sharma and Kharak Singh case was wrong (these held
that right to privacy is not fr) from Govind vs state of mp case - all verdicts right (privacy - is fr)

If govt has to interfere in privacy - 3 conditions attached - backing by a law; it should be

proportional; it should be reasonable

Justice BN Srikrishna committee - personal data protection bill: govt allowed to use personal data in
certain circumstances (without mandatory consent) etc. There is right to be forgotten but not right
to be get deleted/erased.

Shreya Singhal case - section 66A of the IT act was declared unconstitutional - march 2015 - market
place of idea doctrine

Section 69 act of the IT act - intercept personal data in certain circumstances - like for security and
integrity of India

India highest in child Labour. Eliminating child Labour by 2025 under SDG. ILO has launched
Alliance 8.7 a global partnership

Uniform civil code - article 44

Article 74 + 89 = state - there shall be a council of ministers

President can make regulations for peace progress and good governance of only 4 UTs - Andaman
and Nicobar; Lakshadweep, Dadar and Nagar and Daman and Diu.

In schedule 6 states - i.e. ATMM - only in case of Assam - Governor would decide or can direct that
an act of parliament does not apply or apply with some modifications to Tribal areas of the state.
For the rest of the 3 states - President would decide.
For these areas, it is governor who can direct that an act of the state legislature of the concerned
state will be subjected to it.

Schedule 6 states - autonomous districts 10 in these - district council in them while further in a
district a regional council can also be established. District and regional council can do the following -
1) Make laws on certain specified matters like land, forests, canal water etc 2) Constitute village
councils or courts for trial of suits and cases between tribes 3) Impose certain specified taxes

For Scheduled areas - i.e. schedule 5 - governor is empowered to direct that an act of Parliament is
not applicable or apply with certain modifications

If RS passes a resolution with 2/3 MP&V - Parliament can legislate on the state subject

Regarding concurrent list - if a state law receives presidential assent after due consideration, then it
can apply in contravention to the central law in that particular state. Article 54 (2)

101 CAA - GST

Union govt - 13 subjects - can levy tax. Now centre cannot levy excise duty after GST. Excise
remains for those which are not included in GST presently so centre levies tax on it. Tobacco and
tobacco products - central govt can levy excise duty despite it being in GST. Because its a sin good.
Taxes on services gone. Deleted by GST 101 CAA.

Article 262 - interstate river water disputes act - says that parliament may by law provide for
adjudication of any dispute or complaint with respect to the use, distribution etc of any inter state
river water dispute.

Water - state list

Interstate river valleys regulation and development to the extent declared by parliament … Union
list.

Inter-State water dispute act - 1956 - empowers central govt to set up ad hoc tribunal for the
adjudication of a dispute between 2 or more states in relation to the waters of an interstate river or
river valleys. It provides that Supreme Court will not have any jurisdiction in respect of any water
dispute which may be referred to such tribunal under this act.
ISWDA - three sections - section 3 under it state approaches centre for the formation of the tribunal
- section 4 under it central govt form the tribunal - section 6A - central govt has the authority to
implement the judgement of the tribunal

Article 136 - Special Leave Petition - Supreme Court

Cauvery water management scheme 2018 - two bodies created - 1 Cauvery Water Management
Authority (federal structure - 1 chairperson + 8 members of whom 4 central govt and 4 state govt) -
for overall implementation
2 Cauvery water regulation committee - would measure the daily Flow of water - for ground level
implementation

Mekedatu Dam - on the confluence of Cauvery and Arkhavati rivers - Karnataka on Cauvery river

Mahadei water dispute - Goa and Karnataka and Maharashtra

Bhimgad WLS - Karnataka - mahadei river originates from here. Mahadeo joins zuari in Goa -
another imp river

Mahanadi river origin Chhattisgarh n flows through Odisha

Interstate council under article 263 - non permanent constitutional body - headed by PM - first time
constituted in 1990 - standing committee of the interstate council - home minister headed by.
Zonal councils - statutory body - state reogranisation act 1956 - 5 zonal council and the respective
states. Central zonal council - uttarakhand, UP, MP, Chhattisgarh. A&N, Lakhswadeep - not
included in zonal council. In southern zonal council - they are invitees. All zonal councils are headed
by home minister

Final judgements and orders of criminal courts are not capable of execution anywhere within India
(without the necessity of fresh suit upon the judgement). In case of civil courts - it is capable of
execution.

President can proclaim emergency only after written recommendation from the cabinet (not
council of ministers).

For financial emergency - simple majority; special majority - majority of the total strength of the
house + 2/3 of the MP&V required for national emergency.

J&K, Uttarakhand, HP, all states of NE except Assam, Goa - lower no. of seats in Lok Sabha than
Delhi (7).

91 CAA - 15% COM size - not more than it.

No confidence motion not mentioned in the constitution - rules of procedure of LS i.e. it is

mentioned in it.
Office of parliamentary secretary - not mentioned in the constitution.

Matters of money bill.

President is empowered to declare an area as scheduled area

Every state having scheduled area have to compulsorily establish a Tribal Advisory Council have to
be established. The council should consist of 20 members, three-fourth of whom are to be
representatives of the scheduled tribes in the state legislative assembly. Governor can make
regulations for the peace and good government of the Scheduled Areas after consulting tribal
advisory council.

criteria to declare any area as Scheduled Area under the fifth schedule: 1)Preponderance of
tribal population 2) Limitness of the area A viable administrative entity such as district, block
of Taluk 3) Economic backwardness of the area as compared to the neighbouring area

Constitution 125th amendment bill 2019 - introduced in RS - to increase the financial and executive
powers of the 10 autonomous councils in the 6th schedule areas of the states of ATMM. The bill
provides for Elected Village and Municipal Councils in addition to District and Regional Councils.
The bill also provides for Appointment of Finance Commission for these states, to review the
financial positions of District, Village, and Municipal Councils. The bill also provides extra
responsibilities to Finance Commission of India. The bill also provides for disqualification provisions
of members of the Council.

Lecture 4
In a joint sitting if vice president is also absent - it is the members of the sitting who will decide that
who will chair the meeting
According to the constitution, the budget should clearly specify the expenditure on the revenue
account.

High court judge salary - state - not from CFI. Pension comes from CFI.
ECI - salary allowance and pension - not charged from CFI

Second judges case - consultation means concurrence. Senior most judge in the SC would become
CJI - convention now fixed.
Third judges case - collegium = CJI and 4 senior most judge - in case of appointment of SC judge. CJI
and 2 senior most judge in case of HC
Fourth judges case - SC struck down the NJAC.

Judge of SC - qualification - citizen of India judge in HC for 5 years or practised for 10 years in HC or
eminent jurist.

Petroleum products have not been kept outside GST but alcohol has been kept outside.
Lecture 5 description about centre and state taxes - GST

In legislative council - 1/6 nominated by Governor 1/6 by teacher and graduates 1/3 by legislative
assembly members

Delhi - constitution itself provides for legislative assembly

Pondicherry - parliament may by law provide for a legislative assembly for the puducherry (partly
elected partly nominated)
Lecture 7
Total 13 states in article 370 and 371. Only Meghalaya and Tripura among the 8 states of NE
including Sikkim don’t come in states having special provisions in part xxi - article 371. Apart from
these - it includes - Andhra Pradesh, Telangana, Maharashtra, Goa, Gujarat and Karnataka

Currently benefits accruing from special category status - externally aided projects; centrally
sponsored projects; accelerated irrigation benefit program

Salary of ECI is not charged on the consolidated fund of India.

For urban local bodies chairperson seats are not reserved according to the population but as the
state legislature may provide for sc and sts.

Article 366 - deals with definition