Polity notes revision:

Elections in India – part 15

 Universal Adult suffrage is provided in Consti under Article 326. According to this everyone
above the age of 18 shall be given- 1) right to vote;2) stand in elections; 3) subscribe the
nomination papers. As per this everyone is given the right to vote irrespective of their sex caste,
religion, property etc. Before 61st Amendment Act, 1988 it was 21 years. The citizens should not
be disqualified by any other legislation on ground of non-residence, unsoundness, crime,
corruption and illegal practices.
 Article 325 provides for electoral roll. As per this Article there is a single electoral roll called the
general electoral for elections to Parliament and State Legislature for each territorial
constituency. It prohibits communal elections and everyone has the right to get the name
included in the electoral rolls.
 Article 327: Empowers the Parliament to make laws to regulate elections in India and
delimitation of constituencies.
 Article 328 empowers the State Legislature to make laws regulating the elections to the State
legislature but they should not override the law made by Parliament in this regard. So far no
State has made any law to regulate elections.
 Article 329: (1) the validity of any law relating to the delimitation of constituency and the
allotment of seats shall not be questioned in court of law 2) no election to the Parliament or the
State Legislature shall be called in question unless an election petition is filed before such
authority as may be prescribed. Before 19 th Amendment 1966, such authority was the election
tribunal but now it is the H.C. but such a petition to the H.C can only made after the end of
election process.
 Inderjeet Barua v ECI, HC held that preparation of electoral rolls is outside the election process
and therefore cannot be challenged in the court.
 Article 324: (1) the ECI shall have the power of superintendence, direction and control over the
preparation of election rolls and conducting elections. (2) Comprises of CEC and such other E
Commrs. as the Pres. may appoint in this behalf and the CEC is also appointed by the Pres. (3)
the CEC is the chairman of the ECI; 4) the Pres after consultation with the ECI appoint REC before
election to Parliament and State Legislatue and before the biennial elections to State Legislative
Council. 5) the tm of office nad condition of service of the E commr shall be determined by the
Pres Provided that the CEC will not removed except in the like manner and like grounds for the
removal of the Supreme Court Judge; Provided further that the Pres will not vary the terms of
the service of the CEC o his disadvantage after his appointment; Provided further that E commr
and REC cannot be removed unless recommended by the CEC. 6) the Pres and the Governor will
provide such staff to the CEC or to REC which is necessary for discharing its functions.
a) After 73rd and 74th Amendment SEC has been established for the election to the
Municipalities and the Panchayats.
b) From 1951-89, ECI was a single member body. Earlier the conditions of service of CEC
was provided under CEC(Misc Provisions) Act, 1951 which provided the following
conditions- 1) can hold office for 6 years or till 65 years of age whichever is earlier; 2)
cannot be reappointed; 3) cannot hold office of profit; 4) should be experienced in
 administration of services; 4) salary and allowances to be paid out of contingency fund;
5) salary to be reduced only at the time of emergency.
c) In 1993 the Parliament passed the E Commr(Condition of Service of E Commr and
Transaction of B.S) Act, 1993 which provided the following conditions- 1) ECI will be a
multi member body consisting of CEC and 4 other ECommrs. (currently there are only 2);
2) can hold office for 6 years or till 65 years of age whichever is earlier; 2) can be
appointed as CEC if the to tal term has not exceeded 6 years; 3) cannot hold office of
profit; 4) same power as the SC judge; 5) CEC and ECom to have same powers; 6)
Decisions to be taken on the basis of consensus or majority.
d) TN Seshan v UOI 5 Judge Bench (1995), SC declared that the 1993 Act is valid and
constitutional.
e) REC not a part of ECI
f) UOI v ADR (2002): Delhi HC required the ECI to get information from the candidate
regarding their qualifications, assets, spouses, suitability, and criminal background. But
UOI filed a case challenging that the HC does not have the power to make such a law but
the SC said that the HC can. Later on the GOI passed an amendment in the Rep of
People’s Act but did not provide for such amendment. In PUCL v UOI, the court held
that such an amendment is invalid as it violated the people’s right to know under 19(1)
(a).
g) ECI can make laws on matters relating to the elections if the Parliament or State
Legislature has not made such laws. in Kanhaiya Lal Omar v RK Trivedi held that under
the power of control direction and superintendence should be given broadest
interpretation and they can make rules under and therefore Election Conduct Rules and
Election Symbols Reservation and Alotmnt Rules were legally valid.
h) Re power Election Commission case (2005): Godhra train case. In this Assembly was
dissolved on recommendation by the Modi government. Now when the House is
dissolved the elections are to be held within six months but the election commission
found that conditions in Gujarat were not conducive for holding elections. The issue in
this case what was the relationship between section 174(Governor to call the session
within 6 months if COM do not advise him) and 324 as they wanted to know whether
174 is subject to the decision of ECI to not hold elections. The Court held the following-
1) 174(1) applies to live Assemble and not for the dissolved Assemble.; 2) holding of
elections do not come within the ambit of Art 174 and is solely within the purview of ECI
as seen from S 14 and 15 of Rep of People’s Act which provides that governor shall fix
the date of election on the recommendation of ECI. There is no relation between 174
and 324; 3) Elections cannot be postponed due to chaos or public disorder. 4) It can be
only postponed by some Act of God; 5) EC has the full power to hold election but its
power is not autocratic as its decisions can be subjected to judicial review.
 Delimitation of constituencies:
a) It means redrawing of boundaries of the parliamentary and state constituency.
b) Art 82 mandates the Parliament to establish a delimitation Commission after every census
c) The motive behind is to ensure that there is not much disparity in the population of
different constituencies and this disparity is caused by migration from rural to urban due to
 which large part of population remains under represented and small portions of population
remains over represented. This is contrary to doctrine of ‘one man, one vote’.
d) So far only 4 times it has been set up- 1952, 62,73 and 2002. In 2002 Kuldeep J was the
chairman. Generally a SC judge heads the Commission.
e) The last commission is different from others as it did not change the number of L.S seats of
the state
f) 42nd Amendment froze the LS seats of states till 2000.
g) 84th Amendment amended A 81 and 170 to provide the number of seats as per 1991 Census
figure and this is to remain till 2026
h) 87th Amendment provided to use the 2001 census figure.

Relationship between Centre and State (245- 293): 1) legislative; 2) financial 3) administrative

Legislative relationship (245): (1) the Parliament make laws foe the whole or any part of the country
and the legislature of the State may make laws for the whole or any part of the state. 2) no law made
by Parliament will be deemed to be invalid on the ground that it has extra territorial application.

 Generally the question of territoriality of the legislation arises in case of State made laws. In this
scenario the court applies the principle of Territorial nexus.
 Under this principle the court examines the relationship between the law and the subject matter
of the law. Even If the subject matter is situated outside the state if it is related to the law
concerned and the state which passed the law then it is declared to be constitutionally valid.
 State of Bomaby v RMDC(1957): The Sc held that the tax imposed on State of Bombay, the
newspaper having a major circulation in Bombay but being published in Bangalore is valid as a
major portion of the income of the newspaper occurred within the state.
 TISCO v state of Bihar (1958): the sales tax law imposed by Bihar Govt even to a sale occurring
outside Bihar was provided valid. The connection must be real and not illusory and the liability
sought to be imposed must be pertinent to that connection.

Distribution of Subject Matter: (246):

Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make laws with
respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution
referred to as the Union List) (2) Notwithstanding anything in clause ( 3 ), Parliament, and, subject to
clause ( 1 ), the Legislature of any State also, have power to make laws with respect to any of the
matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the
Concurrent List) (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to
make laws for such State or any part thereof with respect to any of the matters enumerated in List II
in the Seventh Schedule (in this Constitution referred to as the "State List") (4) Parliament has power
to make laws with respect to any matter for any part of the territory of India not included (in a State)
notwithstanding that such matter is a matter enumerated in the State List

 This lists system has been borrowed from GOI Act 1935.
  The following limitations are imposed on the law making power of the State Govt and the
Parliament- 1) Subject matter distribution; 2) territorial or geographical distribution3) F.R 4)
should follow the necessary rules and regulations.

Residuary Power Article 248 and Entry 97 of the Union List: (1) Parliament has exclusive
power to make any law with respect to any matter not enumerated in the Concurrent List or State
List. (2) Such power shall include the power of making any law imposing a tax not mentioned in
either of those Lists.

 Contrary to US, Switzerland and Australia wherein the residuary power vests with the State Govt.

Principles of Interpretation of Lists:

 Pre dominance of Union List: in case of overlapping between Union list and State list or
between Union list and concurrent list, the Union list will prevail but if there is any overlapping
between the concurrent list and the state list then the concurrent list will prevail.
 Each Entry should be interpreted broadly: Each entry should be interpreted broadly and the
Parliament and the State Legislature have the power to legislate on ancilliary or subsidiary
matters too. In Calcutta Gas Ltd v State of WB (1962): Widest possible interpretation to be
given so as to bring harmony. When this is not possible then only will the overriding power of the
Union list to be used. In UOI v HS Dhillon (1972), the question in case was that can Union Govt
impose wealth tax on agricultural land which is a subject of state list. It was held that since wealth
tax does not come under any of the lists residuary power of the Govt will come into picture and
hence the GOI is empowered to impose the said tax. International Tourism Corporation v
State of Harayana (1981), in this case Haryana Govt made a law imposing tax on carrying
passengers or goods on Haryana roads even in case of National Highways which is the subject
matter of the Union List. The Court held that the state govt also incurs considerable expenses in
order to maintain the roads and provide facilities for the smooth flow transport of goods and
people. Therefore there is a nexus between the subject and the object of the levy and hence
State is empowered to impose such a tax even on National Highways within its municipal limits.
 Principle of Retrospectively: Parliament can even make laws with retrospective effect. In
criminal cases the Parliament will not pass laws with retrospective operation. The legislatures can
also pass validation Acts in order to remove any invalidity or ineffectiveness of any of any
executive action. Limitations of this principle are- Article 14, 16 20(1)
 Doctrine of Pith and Substance: there may sometimes be overlapping between the centre
made laws and the state made laws. What is to be seen is whether it is incidental or deliberate. If
it is incidental then it may be overlooked. The court should look into the legislation as a whole, its
scope, effect and object. On this basis if the law in substance is found to be within the power of
the legislative organ then it is valid. In State of Bombay v FN Balsara(1951), State of Bombay
had imposed ban on the possession and sale of liquour. But Bombay had many ports through
which liquor was imported by other States. The ban imposed by Bombay was creating problems
for them too. Here the Court held that the pith and substance of the Act does fall within the state
list and not on the union list eventhough it does encroach on the powers of the Parliament.
 Doctrine of Colourable Legislation: this means that if something cannot be done directly then it
cannot be done indirectly too. This applies when the Legislature exceeds its power of law making
as provided in the Constitution. If such transgression is indirect, disguised or covered then in such
a case this doctrine is applicable. The Court looks in the dispute as well as the degree of
encroachment while applying this principle. It was applied once in State of Bihar v Kameshwar
Singh (1952) wherein under the Bihar Land Reforms Act the compensation to be given to the
people whose land had been acquired was done away with indirectly. The Court applied this
legislation and held that this Act is invalid.
 Repugnancy between law made by the Parliament and the State Legislature: it applies only
when there is inconsistency between a central law and state law relating to the matter listed in the
 concurrent list. The question is how is the repugnancy to be determined? In Karunanidhi v UOI
(1979), the court laid down the following guidelines- 1) if there is direct inconsistency between the
State and Central law which is irreconcilable such that both cannot operate in the same field; 2) if
both the laws are inconsistent but inconsistency has not been reported by anyone, then
inconsistency will not arise until someone reports it; 3) there is no repugnancy if both the statutes
eventhough they are inconsistent but still there is room for both of them to operate without coming
into collusion with each other; 4) when there is inconsistency, but the statute occupying in the
same field seeks to create distinct and separate offences then in such a case there is no
repugnancy. In Krishi Upaj Mandi Samiti v M/S Shivshakti Khansari Udyog (2012): in this
there was inconsistency between the Act passed by the Central Govt called the Sugar control
order and the Act passed by the MP government called the Market Act. The repugnancy was
regarding the determination of prices of the sugarcane. In this the State govt claimed that they
had reserved the Act for the assent of the President but they did not disclose the repugnancy to
the President. In this case the court held that President had to be informed about it and this is not
a mere empty formality.
 Ancillary Legislation: under this what is to be seen while interpreting any matter in the state list
is that whether it is an ancillary matter or not. For eg: rent is a state subject. Therefore remission
of rent is an ancillary subject.and therefore, should come within the purview of the State list.
 Parliament’s power to legislate on State Subject: Art 249, 250, 252, 253, 356 applies here.
 Centre’s control over State legislation: there are certain matter on which the State
Governemnt is required to obtain the assent of the President w.r.t any legislation under certain
articles of the Constitution. They are:
a) Article 31(3): this article provided that law for the acquisition of private property cannot be
passed by the State Govt without first obtaining the assent of the President.

b) Article 31-A: the immunity available in 31-A w.r.t land reforms not being challenged in court
of law shall not be available to a state without obtaining the consent of the President first.

c) Article 200: if the State Government passes any Bill which would have the effect of
derogating the power of the HC, then the Governor may reserve it for the assent of the
President.

d) Article 288(2): the State government has the power to make laws on storage, distribution,
transmission, consumption and generation of electricity or water. But if any tax is to be
imposed on this by the State Government, then assent of the President has to be obtained.

e) Article 304(b): it authorizes the State govt to impose reasonable restriction on freedom of
trade, intercourse and commerce within a state in public interest but it cannot be done without
the done without the previous sanction from the President.

Administartive Relations: (256- 263)- 4 issues dealt under this- 1) Directions given by Union to State; 2)
Delegation of Union function to state; 3) All India Services; 4) Grant.

 Directions given by Centre to state: this has been taken from the GOI Act, 1935. In case of
railways and communications, they are of national importance and they come under the Union
list. Therefore under Article 257 the Centre can give directions for the construction and
maintenance of communication and railways. The GOI will bear all the expenses. In case of
disputes regarding the payment between the centre and the state, an arbitrator will be appointed
by CJI. if the State govt does not follow the directions, then emergency can be declared by
breakdown of constitutional machinery under 356.

 Delegation of Union Subjects to State(258): if the Government wants to implement a law and
need the help of State Government to implement the law, the GOI can take the help of the
Governor for the implementation of the same. But the Central Government can even implement
 the law without the help of the Governor too. Now under 258A if the State Government wants
the help of the Central Government in the implementation of any law, they can request the
Central government to help them.

 All India Services: (312): the Parliament can create a new All India Services with 2/3d majority
of the member present and voting in RS. This is done to ensure greater inter-state co-ordination
and implementation of policies. Central Government also keep a track of the Central laws being
implemented in the state through these officers.

 Grants- in Aid: 1)by virtue of this the Central Govt may exercise strict control over the State
Govt because with grant comes certain conditions that the state need to follow; 2) it ensures
greater co-operation and co-ordination between the 2 govts.

 Disputes Relating to Water: Art 262: this article empowers the Parliament to settle the
disputes between the states regarding the sharing of the interstate rivers. 1) the Parliament may
by law provide for the adjudication of any dispute or complaint w.r.t use, distribution or control of
the water in any interstate river 2) the Parliament may law provide that neither the SC nor any
other courts is to exercise jurisdiction w.r.t any water disputes relating to interstate rivers. As a
result the Parliament has passed the River Board Act, 1956 and Interstate Water Disputes Act,
1956. The first one is for the regulation and devt of the rivers whereas the second one
empowers the Parliament to establish the Tribunal for the settlement of the disputes. The
decision of such tribunal is final and binding.

 Co-ordination between Centre and State(Co-operative Federalism): Art 263: this article
provides for the interstate councils for inquiring and advising on disputes which may have arisen
between the states; investigate and discuss subjects of common interest and provide
recommendation for better co-ordination. President may by order set up the interstate councils.
There are other councils too for better co-ordination of states such as the zonal councils
(established under state reorganization act, 1956. 5 in number i.e., north, south, east, west and
centre), National Devt Council and National Integration Council. Article 263 can be traced back
to Section 135 of GOI Act 1935 which provided for interprovincial councils. It is not a permanent
body for co-ordination between states but the POI can establish such a council at any time if
public interest would be served by it. So far they have met only 10 times and the last time it met
in 2006 where they discussed about SC & ST(Prevention of Attrocities Act), 1989.

Governor:

he is the constitutional head of the state and enjoys similar powers as the POI. After 7 th Amendment Act,
a common Governor can be appointed for one or more states or UT’s. his power is slightly different from
the POI in the sense that in latter’s case the discretionary power is more incidental whereas in the
former’s case it has been clearly provided by the COI. The discretionary powers provided are-

a) Under 163(1): there shall be a COM for aid and advise of the Governor except in those matters
where the Governor exercises discretionary functions.

b) 163(2): if there is any dispute as to whether a matter comes within the discretion of the Governor
as per the COI, decision of the Governor shall be final

c) 200: if the State legislature is to pass a Bill that abrogates the power of the HC, the Governor can
reserve the Bill for the consideration of the President

d) 356: while inviting the POI to take over the administration of the state due to breakdown of
constitutional machinery, the Governor exercises his discretion.
 e) Fortnightly reports: while preparing the fortnightly reports by the Governor to be submitted to the
POI regarding the administration of the state, the governor exercises his discretion.

Special Powers of the Governor: in certain states the Governor special power wherein unlike the
discretionary power, he is required to consult the COM but that consultation is not binding on the
Governor. For eg: in case of Maha and Gujarat the Governor is empowered to establish devt boards and
under 371A(3) governor of Nagaland has special responsibility w.r.t to law and order as long as he thinks
that there is internal disturbance.
However, while exercising discretionary powers he is required to consult the Union Govt because he
holds the office during the pleasure of the Pres. therefore, is a reflection of the controlling power of the
Central Govt over the State Govt.

Qualifications:
a) Citizen of india
b) 35 and above
c) Should not hold any office of profit
d) Is not an MP or an MLA
e) If any MP or MLA becomes a governor he is deemed to have vacated his seat on the date when
he enters the office of the governor. In Hargovind v Raghukul (1976); in this case the issue
before the court was that whether the office of the governor comes within the ambit of
employment under GOI. Under 319(d) a member of the UPSC or SPSC shall not be eligible to
hold office under the GOI after ceasing to be such member. The court held that the office of the
governor is an independent office and does not come within GOI.
 Currently draws a salary of 1,10,000p.m
 Holds the office for 5 years
 Administered oath by the CJ of HC.
 Can resign by giving the letter to Pres or POI can remove him
 During the VP Singh Government, 14 Governors were removed by him. Similarly Narsimha Rao
also removed 14 Governors appointed by the VP Singh Government. Since then dismissal of the
Governor had been a frequent matter. Further many a times the Governor had acted as per the
wishes of the Central Government. One such example is in 2005 Jharkhand Election out of the 80
seats BJP has 36 seats and 5 extra seats of the independent parties and hence making their total
41. But INC had 39 seats. Instead of calling BJP to form the Government, the Governor gave 30
days to INC to form the Government. The BJP protested to POI (Kalam) who in turn reduced the
time given to INC to 15 days. Aggrieved by the decision of the POI, they files a case in the SC
which held that the act of the Governor is not constitutional and the floor test should be conducted
again to see who won and protection should also be provided to the 5 independent members.
 BP Singhal v UOI (2010), the petitioner claimed that the office of Governor is a constitutional
post and the pleasure of the President should not reduce him to an agent or servant or an
employee of the GOI. It should be exercised in rare case. The Attorney General pleaded that
Section 156(1) is absolute and unfettered and unlimited and POI can remove the Governor on
any ground which the POI thinks fit. The SC held- 1) the pleasure of the President is not
unfettered; 2) if the governor had been removed arbitrarily or oi malafide and whimsical manner,
and is able to prove it, he can call upon the GOI to produce material particulars on the basis of
which he was removed; 3) the power of judicial review is limited.
 Powers of the Governor :
a) Executive power as discussed above
b) Financial power: Money Bill cannot be introduced in the State Legislature without the
recommendation of the Governor
c) Legislative power: under 174 the Governor can all the House in session and under 200 the
governor can reserve the Bill for consideration of POI.
d) Pardoning Power (161): same as that of the POI. But it differs in 2 aspects: POI can pardon
the death sentence but Governor can’t and POI can grant pardon for punishment under Court
Martial but Governor can’t.
e) Ordinance making power: same as that of POI. Satyapal Dang v State of Punjab(1969):
State Legislature(168): For every State there shall be a Legislature which shall consist of the
Governor, and

(a) in the States of Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh, two
houses:

(b) in other States, one House

(2) Where there are two Houses of the Legislature of a State, one shall be known as the
Legislative Council and the other as the Legislative Assembly, and where there is only one
House, it shall be known as the Legislative Assembly
Some states are unicameral whereas some are bicameral. The ones having 2 Houses are- Bihar
Karnataka, AP, Telangana, J &K, Maharashtra, UP. In 2013, for Assam union cabinet has passed the
resolution for setting up of Upper House but so far has not been established whereas in 2010 Parliament
passed an act to reestablish Upper House in TN but so far it has not been implemented. U/ 169 if the
Parliament may abolish the Upper House in those states where there is the House whereas create in
those states where there is none. But this is done if a resolution with 2/3 rd majority+1/2 of the total
strength of the State Assemble pass the Resolution but this resolution is not binding on the Parliament of
India.

Composition of State Legislative Assembly(170): Subject to the provisions of Article 333, the
Legislative Assembly of each State shall consist of not more than five hundred, and not less
than sixty, members chosen by direct election from territorial constituencies in the State.
Currently UP has maximum number seats viz. 403 and Sikkim has least viz. 32

Composition of Legislative Council: it should not be more than 1/3 rd of the Assembly
seats and should not be less than 40 seats. The maximum number of seats vests with UP
with 108 seats and the minimum vests with J &K viz. 36.

Election of the Members of Upper House of the State: 1/3rd are to be elected by
Municipality, district Board and such other authority+ 1/3 rd are elected by Legislative
Assembly+ 1/12th are elected by graduates who have completed at least 3 years of degree+
1/6th are nominated by the Governor having knowledge or experience of science, literature,
arts etc, co-operative movement and social sevice+ 1/12 th by teachers who have been employed in
educational institutions within the state not lower than secondary schools for 3 years or more.

Strength of COM at State Level: 15% of the seats in Assembly and should not be less than 12.

Legislative Procedure at State Level:

 In case of money bill, same procedure is followed as in the case of Parliament.
 In case or ordinary Bill if it is introduced and passed in the Upper House, then it is sent to the
Lower House. If lower House passes, it will be sent to Governor for assent but if it rejects it then
the Bill is said to be dropped and there is no concept of joint sitting as applicable in Parliament to
resolve the deadlock.
 In case if the Bill is introduced and passed in the Lower House it will be sent to the Upper House
which has 3 options- 1) passes it and sent to Governor; 2) rejects it in which case it goes back to
the Lower House and if it is again passed in Lower House, then it shall be sent to Upper House
and it will be deemed to have been passed after 1 month; 3) does not take any action for 3
months in which case it goes back and if it is again passed in Lower House, then it shall be sent
to Upper House and it will be deemed to have been passed after 1 month; 4) suggests some in
 which case it will go back and if the lower house accepts it is shall be deemed to be passed and
if it rejects one or more amendments it will pass it to the Upper House and after 1 month of such
sending it shall be deemed to have been passed in the Upper House.

CAG (Chapter 5 part 5 {A148-151}):

 Aricle 148: (1) there shall be a CAG who shall be appointed under the warrant of seal of the
President and he shall be removed in similar manner and grounds as the judge of SC. (2) Oath
before POI as per the third Schedule; (3) salary and condition of service as per the law made by
Parliament and until this is done then as per the Second Schedule, and the conditions of service
etc shall not be changed to his disadvantage afterwards. Presently it is governed by
CAG’s(Duties, Powers and Condition of Service) Act, 1971 (4) Shall not be eligible for
appointment under GOI or G of state. (5) Condition of service of the IAAS shall be such as may
be decided by the POI in consultation with CAG. (6) His salary shall be salary pension etc shall
be charged under Coontingency Fund.
 Article 149: The Comptroller and Auditor-General shall perform such duties and
exercise such powers in relation to the accounts of the Union and of the States and
of any other authority or body as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, shall perform such duties
and exercise such powers in relation to the accounts of the Union and of the States
as were conferred on or exercisable by the Auditor-General of India immediately
before the commencement of this Constitution in relation to the accounts of the
Dominion of India and of the Provinces respectively.
 Article 150: The accounts of the Union and of the States shall be kept in such form
as the President may, on the advice of the Comptroller and Auditor-General of India,
prescribe.
 Article 151: (1) The reports of the Comptroller and Auditor-General of India relating
to the accounts of the Union shall be submitted to the President, who shall cause
them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the
accounts of a State shall be submitted to the Governor of the State, who shall cause
them to be laid before the Legislature of the State.
 Cag is the head of IAA Dept and IAAS helps the CAG in the discharge of his
functions.
 Ranks 9th in the warrant of precedents and has the same position as the SC Judge.
 His report is considered by the PAC as well as the Committee on Public
Undertaking.
 First CAG was Narhari and presently it is the 12 CAG and it is Shashikant Sharma
 Appointed for 6 years or 65 years of age whichever is earlier.
 Draws a salary of 90,000 p.m.
 Appointed by the POI in consultation with the PM.
 The scope of audit is Contingency Fund, Consolidated Fund, Accounts of the Public Sector
Undertakings and can also audit the accounts of the private firms in revenue sharing deal with the
Government.
 Problem with CAG is that the report is placed before the Parliament and the same people discuss
it who committed all the wrongs in the first place and there is also a sense of animosity between
the IAAS and the CAG. Further more than 30% of the accounts have been denied to them.

Attorney General Of India (Article 76):

 (1)the POI shall appoint a person who can be appointed as the SC judge as the Attorney
General of India. 2) it shall be the duty of the Attorney General to advise the Government on
such legal matters as may be referred to by the POI or such other function as provided in the
Consti. 3) he shall have an audience in all the courts in the territory of India 4) the Attorney
 General shall hold the office during the pleasure of the POI and receive such remunerations as
the POI shall determine.
 The current Attorney General is Mukul Rohtagi and the 1st one was MC Setalwad. Difference
between US and India is that in the former he defends the Govt and has executive power also
but in India, he merely defends the Govt and for the purpose of executive power, we have Law
Minister.
 Attorney General is assisted by 1 Solicitor General and 4 Additional Solicitor General.

Article 370: the article grants special autonomous status to state of J&K. contained in part 21 of the
constitution.

 The constitution of J7K consists of 158 articles and 7 schedules. Instrument of accession was
signed In 1947 and they framed their constitution in 1956.
 Preamble and Article 3 of the J&K Constitution clearly provides that the state of J&K is part of
UOI.
 Art 370 clearly provides that the state must concur in the application of the law except those that
pertain to communication, defence, finance and foreign affairs.
 Art 370(3) clearly provides that the POI can by public
 notification declare that the article shall cease to operate or modify it but it should be done only on
the recommendation of the Constituent Assembly of J&K. 370 can only be repealed if a new
Constituent Assembly is convened and they recommend the revocation.
 State of J&K v Sheela Sawhney: declares that the law which revoked the PR status of women
who married a non- resident is not correct and repealed it.
 Special rights given to people of J&K:
a) Right to acquire property
b) Right to vote in Assembly Elections
c) Right to public employment
d) Article 3 of constitution relating to the power of Parliament to change the name or area of the
state does not apply to J&K
e) Right to have citizenship of J&K
f) The Governor can only be appointed after consultation with the CM. Parliament cannot make
laws on the matter of the State List and the residuary power vests with the state government.
g) In case of National Emergency or Financial Emergency, it does not automatically apply to
state of J&K as applicable in case of other states.
h) They have their own Ranbir Penal Code and Cr.PC

Delhi: 69th Amendment Act:

The founding stone of New Delhi was laid by King George V in the third Delhi Durbar in 1911. The
architects of Delhi were Sir Edwin Lutyen and Sir Henry Baker. The construction work was granted to
Shobha Singh. In 1931, Lord Irwin inaugurated New Delhi as the capital of India.

 The 69th Amendment added Article 239 AA and 239AB to the constitution
 Under this it was provided that Union Territory of Delhi shall be called the NCT of Delhi and the
administrator appointed under 239 shall be designated as the Lt. Governor.
 The Legislative Assembly shall have the power to make laws on the matter specified on state list
except on matters provided under Entry 1, 2, 18, 44, 65 and 66. 1 deals with public order, 2 deals
with police; 18 deals with land; 44 deals with treasure trove(resources found beneath the surface
of the earth); 65 deals with the jurisdiction of the court; 66 deals with fees in respect of any
matters in this list except the fees taken in court. The reason why state not given power over
police is that Delhi consists of SC Parliament and all the important dignitaries stay here and visit
here. So the security is a very important issue.
 There shall be a COM not more than 10% of the total members of Legislative Assembly with the
CM at the centre to aid and assist the Governor in the exercise of function w.r.t matters of Delhi’s
state list except in those matters where it has its own discretion.
  In case of any difference of opinion between the governor and the COM, thn in such a case the
matter will be referred to the POI. But before the POI gives his decision, the Governor feels that
immediate action should be taken in the interest of the public then in such a case he may do so.
 In case of matters not listed in Transaction of B.S rules, 1993 related to Delhi, the L.G shall
consult the Central Govt before exercising his power w.r.t that matter.
 The 1998 notification provided that on matters relating to public order, police and services he can
take actions only after consulting the CM but if he does not do so he should specify the reasons
for not doing so in writing.
 In May 2015, a notification was passed wherein the Governor does not have to consult with the
CM on matters of police, public order and services whenever he considers it to be appropriate.

Services under Union or States: Art 310

 The civil servants hold their office at the central level during the pleasure of the President and at
the state level during the pleasure of the Governor.
 According the Doctrine of Pleasure, the President or Governor can suspend, remove or reduce
the rank of the civil servant without specifying any reasons.
 However, Art 311 provides for certain safeguards for the civil servants-
a) Any action can be taken by only such authority which has the same status as the
Appointing Authority.
b) Reasonable opportunity of being heard should be given to the civil servant concerned.
c) Right to know the charges levied against him and to examine the witnesses too.
 Right to cross examination may be dispensed with in certain situation-
a) When he has been convicted for a criminal offence;
b) when the Governor or the President is satisfied that in the interest of the state or for national
interest they should not hold inquiry.
c) When the investigating authority is of the opinion that according to the circumstances it is not
reasonable to hold the inquiry and this should be recorded in writing.
 The two areas where the doctrine of pleasure will not apply are-
a) In case of SC & HC Judges, CAG, CEC, members of Public Services Commission cannot be
removed on mere pleasure.
b) Any private agency hired for undertaking public servant cannot be removed before the end of
their contractual period without giving them compensation.
 UOI v PD More (1961): Doctrine of Pleasure is subject to F.R
 T Rangarajan v Govt of TN, SC held that the Government employees do not have the right to
go on strike and they merely have the right to collective bargaining. They should follow the
mechanism that has been established for addressing their grievances. Further also held that the
political parties do not have the right to call All India Bandhs and Bandhs in the state as it causes
loss to the exchequer.
 the constitution provides for 3 commissions under the Constitution- 1) UPSC 2) SPSC 3) JPSC.
 Members of UPSC and JPSC are appointed by the Poi and that of SPSC is appointed by the
Governor.
 The term of office of member of UPSC is 6 years or 65 years of age whichever is earlier and in
case of SPSC or JPSC is 6 years or 62 years of age whichever is earlier.
 The number of members that should be there in the PSC has not been provided by the Consti but
at least half of the total number of persons must be people who have experience in Govt services
for at least 10 years.
 Termination of Service: 1) by retirement: the members of UPSC and JPSC can resign by giving
a letter to POI and the members of SPSC cam resign by giving their letter to Governor. 2) a
member of the PSC can be removed by the POI if they take gainful employment outside the Govt
services or in the opinion of the POI they have become infirm or have been convicted on a
criminal charge. 3) he can also be removed for misconduct established after an investigation by a
committee to be headed by a SC judge. 4) he is declared insolvent.
  Independence of PSC: 1) A member of PSC can only be removed by POI or Governor on the
basis of grounds provided under Constitution and doctrine of pleasure do not apply to them; 2)
their condition of service, salary and allowance cannot be changed to their disadvantage after the
commencement of their employment. 3) their salary and allowances are charged under the
contingency fund of India or the contingency fund of the state.
 Restrictions on Employment: 1) A member of UPSC can only be appointed as the Chairman of
UPSC and cannot be appointed in any other services of GOI. 2) the chairperson of UPSC cannot
be appointed in any Govt service after his retirement. 3) a member of the SPSC can be appointed
as the Chairperson of the SPSC or as a member or chairperson of UPSC. 4) a chairperson of JPSC
can be appointed as the member or chairman of the UPSC or as the chairman of the SPSC .
 Functions of PSC: 1) Conducting the UPSC exams; 2) conducting any other exams required by
the Government; 3) if any change in the exam has to be brought in the GOI has to consult the
PSC.

Anti- Defection Law:

 The 52nd Amendment Act, 1985 introduced the anti- defection law. Gaya Lal committed
maximum defection in a day. He changed party 3 times.
 The term ‘defection’ means when a person after winning the election changes his party he is said
to have committed defection.
 In 5 situations a person is liable to be disqualified- 1) when a Legislative party member quits his
party after winning the election 2) if the person defies or abstains from voting in case of whip
issued by the Political party and the political party condemns the action within 15 days. 3) if the
person joins any other political party 4) if the nominated party quits from the political party after
6 months of becoming such a member. 5) if an independent member joins any other political
party.
 Exceptions of Anti- Defection law: 1) when the speaker or deputy speaker of LS or Legislative
Assembly or Chairman or Deputy Chairman of RS or Legislative Council quits from his political
party after holding such post and then rejoining after the expiry of their term; 2) in case if 2/3 rd
members of a party quit from the party. This is problematic in case of small political parties
where achieving 2/3rd will not be a big problem. 3) if a nominated member joins another PP
within 6 months of becoming the member of the House. 4) if one third member of the PP split
from this party and form some other party then they shall not be disqualified. But this has been
declared to be unconstitutional by 91st Amendment Act.
 The SC in Kihoto Hollogan v Zachillku (1982) the court analyzed the constitutional validity of
the anti-defection law and found it to be constitutionally valid. However, it struck down the para
7 of the Act as unconstitutional as it provided that Speaker of the House would decide as to who
would be disqualified and his decision would not be subject to judicial review. Further, also held
that 4 kinds of whips are binding:- 1) confidence motion; 2) no-confidence motion; 3) vote of
thanks to Pres. or Governor’s address 4) money bill.
Schedules of Constitution: there are 12 schedules now. Earlier there were 8. They are explanation of the
Articles of the Constitution.
 Schedule 1: consists of names of 29 states and 7 UTs. It is an explanation of Article 1 and 4 and it
can be amended by simple majority.
 Schedule 2: specifies the salary and allowances of the various constitutional dignitaries- 1) Part A
talks about salary of President and Governor which initially was 10,000 and 5,500; 2) Part B was
repealed by 7th Amendment act and this provided for privy purse that is amount paid to the
Indian princes; 3) part C talks about the salary of speaker, deputy speaker, chairman and deputy
 chairman of Rajya Sabha and Council 4) Part D talks about salary of SC and HC judges. 5) Part E
talked about salary, allowances and pensions of CAG.
 Schedule 3 talks about oath and affirmation. If the person enters upon his office in the name of
God then it is called an oath and if he gives a solemnly undertaking then it is known as
affirmation. Oath can also bind the maker legally and he can be held liable. In KM Sharma v Devi
Lal (1990), SC stated that an oath consists of 2 parts- 1) substantive part the part other than the
name and designation of the person. 2) Descriptive part is the part of the oath that contains the
name and the designation of the person. If the person makes an error in the descriptive part,
then the oath is still valid but if the person makes an error in the subjective part the oath
becomes invalid.
 Kerala HC declared that a person who took an oath in the name of Shri Narayana Guru as not
valid as it was a mistake on the substantive part.
 Certain posts also require oath of secrecy.
 Oaths of POI, Governor, and VP has been provided separately in the COI under 60, 159 and 69
respectively
 3rd schedule can be amended by the procedure established under 368.

Schedule 4:
It distributes the seats of RS among the 29 states and 2 Union Territories of Delhi and Puducherry. It can
be amended by simple majority. UP has the maximum number of seats i.e. 31, Maharashtra- 19, TN-18
etc. (refer to notes).
Schedule 7:
Provides the list according to which the matters are distributed among the centre, state and shared by
both of them in the case of concurrent list. Entry 97 of Union list talks about residuary power. It can be
amended by procedure established under 368 and also requires the ratification by the state.
Schedule 8:
Talks about the various languages in the country. Initially 14 languages were listed in the Schedule but
now it consists of 22 languages. The first language that was incorporated after the COI was adopted was
Sindhi in Devnagiri script by 21st Amendment Act, 1967. By 71st Amendment Act, 1992 Nepali, Konkani
and Manipuri language was added. Further, by 97 th Amendment Act, Bodo, Santhali, Dongri, Maithili
were added and by 96th Amendment, Act the spelling of the language Oriya was changed to Odiya. Can
be amended under 368. Further the benefit of listing the language is that it can be used as a language of
administration. Nagaland is the only state in which the language of administration is English even
though, English has not been provided under 8th Schedule.
Schedule 9:
  Schedule 9 was introduced in the Constitution by 1 st Amendment Act, 1951 and this provides
explanation of Section 31-B.
 The purpose of introducing this Schedule was to remove the legal hassles caused by land
reforms that violated the F.R. the 9 th Schedule exemplifies the doctrine of eminent domain
whereby the state has the power to take over the private property for public purpose by means
of law.
 The SC in the case of Shankari Prasad, observed that the 9th schedule was constitutionally valid
and any Act listed in the 9th Schedule was completely immune from Judicial Review.
 In Waman Rao v UOI (1982), the SC observed 9th Schedule was not outside the Judicial Review
but only amendments introduced in the Act listed in the 9 th Schedule can be challenged but not
the Act itself.
 In IR Coelho v UOI (2007), the SC observed that 66 matters that were listed in the 9 th Schedule
before 24th April 1973(the date of the judgement of Keshvananda Bharti) are completely
immune from Judicial Review. But any enactment in the 9 th Schedule introduced after this date,
if it violates the basic structure i.e it violates Article 14, 15, 19 and 21, will be subject to judicial
review. Any other enactment which violates any provision under Part 3 will be subjected to
judicial review.
Schedule 11:
Explanation to Article 243G which has been introduced by 73 rd Amendment Act, 1992. Lists 29 subjects
over which Panchayats exercise jurisdiction.
Schedule 12:
Explanation to Article 243 W and added by 74 th amendment Act, and consists of 18 subjects over which
the Municipalities exercise jurisdiction.
Schedule 5 and 6:
 History: in 1931, Gandhi Irwin Pact was signed whereby Gandhi agreed to attend the Second
Round Table Conference in London to discuss the Simon Commission Report. But he was not
satisfied with the result of the Conference. Hence 3 rd Round Table was held wherein for the
first time certain benefits were given to SC and STs. This was the first time that the term SC or
St was used. it reserved certain seats for SC and ST and also provided that people in these
categories are to be elected by SC- ST people only. Gandhi was against the separate
electorate but Ambedkar was very happy about it. Both of them signed a pact in Poona
whereby Gandhi agreed for the reservation but also decided that there would be a general
electorate for election to these posts. Jaipal Singh Munda was the representative of SC-ST at
the Constituent Assembly.
 Schedule 5 deals with tribal areas in the 25states and Union territories other than Assam,
Meghalaya, Mizoram and Tripura whereas the Schedule 6 deals with the other 4 states.
  Schedule 5:
a) The POI can make laws abolishing or creating or increasing or decreasing the area of the
Scheduled Area.
b) The POI can give directions to the State for administration of these areas.
c) The Governor has to submit a report regarding the administration of the Scheduled Area
to the POI either annually or at such interval as required by the POI.
d) The Governor shall also constitute Tribal Advisory Council to advise on matters referred
to them on matters that are related to the advancement of ST.
e) The Governor enjoys the power to decide as to whether the law passed by Parliament
and the State Legislature shall or shall not apply or whether any modification is required.
f) The Governor is also empowered to make regulations in consultation with TAC for peace
and good governance of tribal areas and regulations can be made w.r.t land, allotment of
lands to tribal, prevention or restriction the business of money landing etc.
g) The state Government is responsible for protection and well being of the tribal
h) The Schedule can be amended by simple majority without referring to article 368
Schedule 6:
It deals with Assam, Mizoram, Meghalaya and Tripura. Some of the important provisions are:
 The Scheduled Areas are administered as autonomous districts over which the executive
authority of the executive extends. If two or more tribals reside within an autonomous
districts, then it can be divided into autonomous regions.
 The autonomous districts are provided with elected representative bodies known as the
District Council and the Regional Councils. In this 2/3 rd of the members are elected directly by
the people and the remaining are nominated by the Governor.
 They exercise limited legislative, judicial and executive powers in limited manner. They have
the right to assess the land revenue and make regulations on matters relating to marriage,
divorce, social custom, management of forests, land, and inheritance of property but subject
to the assent of the Governor.
 The District Council but not the regional council have the right to make laws on money
landing and trading for non-STs residing within the Scheduled Areas.
 The DC and RC can make establish village councils which act as village courts and decide
criminal cases relating to the tribes and this is subject to review by the RC, DC and the HC.
 When any new law is enacted it does not automatically extend to these areas but if the POI
or the Governor want they can issue notification for extending the law to these areas. The
Governor is responsible for protection and promotion or well-being and their social custom.
Citizenship of India:
 By Birth: 1) if the person is born after 26th Jan, 1950 but before 1st July 1987, then he is Indian
citizen irrespective of the nationality of his parents. 2) born after 1 st July 1987 but before 3rd Dec,
2004, then if either of his parent is Indian he is citizen of India. 3) if born after 3 rd Dec, if both the
parents are Indian citizen and either of his parent is an Indian citizen and the other parent is not
an illegal migrant. An illegal migrant is one who does not have a valid passport or travel
document or if they have a valid one but stay beyond the specified period.
 By Descent (Section 4): 1) if born outside India after 26th Jan, 1950 but before 10th Dec 1992 the
person will be a citizen of India, if the father was an Indian citizen by birth at the time of the
birth of the child. If the father is citizen by descent, then the birth of the child must be informed
in the Indian consulate within a year and beyond that period permission from the government
needs to be taken. 2) Born after 10 th Dec, 1992 but before 3rd July 2004, then is a citizen if either
of the parent was the citizen by birth. If citizen by descent then has to be registered in the
Indian Consulate within a year. 3) if born after 3 rd Dec, 2004, then will not be a citizen unless
parents declare that the child does not hold the passport of any other country and the birth is
registered at the Indian Consulate.
 By Registration: 1) if the PIOs have been ordinary resident in India for 7 years (he should have
stayed continuously for 12 months in India before making application and 6 out of 8 months he
should have stayed in India before making the application) 2) a person who is married to the
Indian citizen and have been ordinary resident for 7 years (he should have stayed continuously
for 12 months in India before making application and 6 out of 8 months he should have stayed
in India before making the application) 3) person of full age and is OCI for 5 years and residing in
India for 1 year before making the application. Under Section 5(4) registration application is filed
with the Collector or DM who send it to the State Govt within 60 days. The State Government
will scrutinize it send it to MHA within 30 days. If the MHA finds the application proper, then it
will require the certificate of the termination of the citizenship or it will require the renunciation
certificate of the foreign. Citizenship application will be scrutinized according to citizenship act
and citizenship rules.
 By naturalization- if a foreigner has been an ordinary resident in India for 12 years (he should
have stayed continuously for 12 months in India before making application and 11 out of 14
months he should have stayed in India before making the application), can apply for Indian
citizenship by naturalization process.