Prelim Rapid Revision Polity

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RRP (Prelims)
POLITY READY RECKONER
INDEX
Sl. No. Topic Page No.
1. Salient Features 1–3

2. Schedules, Sources of the Constitution 3–4
3. Preamble 5–6
4. Union and Its Territory 6–7
5. Citizenship 7–8
6. Fundamental Rights 8 – 16
7. DPSP 17 – 18
8. Fundamental Duties 19 – 19
9. Amendments of the Constitution 19 – 20
10. Basic Structure 20 – 20
11. Federal System 21 – 21
12. Emergency Provisions 22 – 25
13. Centre and State Relations 25 – 29
14. Inter - State Relations 29 – 30
15. Executive 30 – 37
16. Legislature 38 – 50
17. Judiciary 50 – 54
18. Local Government 54 – 60
19. Union Territories 60 – 63
20 Constitutional Bodies 64 – 67
21. Non Constitutional Bodies 67 – 70
22. Miscellaneous 70 – 70
23. Historical Background 71 - 72

 Flexibility: (From British

1. Salient Features of the Constitution).
Constitution Simple majority
1. Lengthiest Written Constitution 3. Federal System with Unitary

 Presently (Originally) about 465 Bias
(395) Articles [divided into 25 (22)  Features of a Federation,
Parts] and 12 (8) Schedules. viz., dual government,
 Reasons: 1. Geographical division of powers, written
Factors: India’s vastness and Constitution, supremacy of
diversity. Constitution, rigidity of
2. Historical Factors: Influence Constitution, independent
of GoI Act, 1935. judiciary and bicameralism.
3. Single Constitution: Union +  Features of Unitary, viz,
State strong centre, single
4. Domination of legal luminaries. constitution, single
citizenship, integrated
1. Drawn From Various Sources judiciary, appointment of
 Dr. B.R. Ambedkar: Governor by the centre, AIS,
Constitution of India has been emergency provisions etc.
framed after ‘ransacking all
the known Constitutions of 4. Parliamentary Form of
the World'. Government: Co-operation and
 Structural part: derived Co-ordination between legislature
from the GoI Act, 1935 and executive organs.
 Philosophical part derived
Features:
from the American and Irish
 Presence of nominal and real
Constitutions respectively.
executives
Political Part: FromBritish
 Majority party rule
Constitution.
 Collective responsibility of the
2. Blend of Rigidity and Flexibility executive to the legislature
 Rigidity: (From America)  Double membership of
a) Special majority of the ministers
Parliament (2/3 of present  Leadership of the prime
and voting + supported by minister or the chief minister
more than 50% of total  Collective Responsibility
strength) b) special  Dissolution of the lower House
majority of the Parliament (Lok Sabha or Assembly)
and with the ratification by
half of the total states with
simple majority.

5. Synthesis of Parliamentary  FR’s are enforceable by

Sovereignty and Judicial courts through writs
Supremacy
 Synthesis between the 8. Directive Principles of State
British principle of Policy: Part – IV (Art 36 – 51)
parliamentary sovereignty  Meant for promoting the
and the American principle ideal of social and economic
of judicial supremacy democracy
 Power of judicial review.  Aim to establish welfare state
 Constitutional amendment  Non-justiciable in nature
power with Parliament.
Classified into 3 categories:
6. Integrated and Independent 1. Socialist
Judiciary 2. Gandhian
 Supreme Court - guarantor 3. Liberal-Intellectual
of the fundamental rights of
9. Fundamental Duties (Total: 11):
the citizens and the guardian
Part IV-A & Article 51 A
of the Constitution
 Serve as a reminder that
 Integrated: SC + HC + Lower
rights and duties are
Courts enforce both union
correlative
and state laws
 42nd Constitutional
 Independent: Security of
Amendment Act of 1976
tenure of judges of SC and
(recommendation of the
HC, all expenses of HC and
Swaran Singh Committee.)
SC are charged on
consolidated Fund etc.  Addition of one more FD -
The 86th Constitutional
7. Fundamental Rights Part-III Amendment Act of 2002
(Article 12-35)  Non-justiciable in nature
 Right to Equality (Articles
14–18) 10. A Secular State
 Right to Freedom (Articles  No official religion of the
19–22) state
 Right against Exploitation  Western concept of
(Articles 23–24) Secularism: complete
 Right to Freedom of Religion separation between religion
(Articles 25–28) and the state
 Cultural and Educational  Indian concept of
Rights (Articles 29–30) Secularism: giving respect to
 Right to Constitutional all religions or protecting all
Remedies (Article 32) religions equally
 FR’s aim to promote political  The word ‘Secular’ was
democracy added to the Preamble - 42nd

Constitutional Amendment 16. Co-operative Societies

Act of 1976.  97th Constitutional
 Reflected in: Preamble, Art. Amendment Act of 2011
14,15, 16, 25-30, Art. 44.  Fundamental right to form
co-operative societies (Article
11. Universal Adult Franchise 19 (1) (c)
 Voting age: Reduced to 18  DPSPs: Promotion of Co-
years from 21 years (by 61st operative societies (Art. 43-
Constitutional Amendment B)
Act of 1988.)  New Chapter Added – Part
IX B
12. Single Citizenship
 Parliamentary power to
Only one or single citizenship
regulate multi- State co-
13. Independent Bodies
operative societies.
 Bull works of the democratic
system
 Election commission, Union
2. Schedules
Public Service commission,
2A Schedules
Comptroller and Auditor-
General, etc. Numbers Subject Matter
Names of the States, their
14. Emergency Provisions First
territorial jurisdiction and Union
Schedule
 Conversion of Federal Territories territorial extent.
structure into a unitary one. Salaries, Emoluments, Privileges
 National emergency (Article of certain dignitaries.
352) President, Governor, Speaker,
 State emergency (President’s Deputy Speaker of Loksabha and
Rule): 1) failure of the Legislative Assembly, Chairman
Constitutional machinery in and Deputy Chairman of
Second
the state (Article 356) 2) RajyaSabha and Legislative
Schedule
failure comply with the Council, Judges of Supreme
Courts and High Courts, CAG.
directions of the Centre
(Article 365) Not mentioned are MPs, MLAs,
 Financial emergency (Article Union and State Ministers,
360). Election Commissioner, UPSC
Members.
15. Three-tier Government Oath and Affirmations:
 73rd CA A 1992 (Rural and Union and State Ministers, MLA
and MP Contestants, MLA & MPs,
local government) added new Third
Judges of Supreme Court and
schedule 11 and Part IX. Schedule
High Court Judges, CAG.
 74th CAA 1992 (Urban local
bodies) added new schedule Note: CAG, Judges of Supreme
11 and Part IX. and High Court are included in

second and third schedules. 2B. Sources of the Constitution

Features Source
Not included:
President & Vice President, Emergency provisions,
Speaker& Deputy Speaker of Lok Administrative details, Federal Governmen
Sabha, Legislative Assembly, scheme, office of Governor, t of India
Chairman & Deputy Chairman of Judiciary, Public service Act 1935
RS &Legislative Council, Election commission.
Commission, UPSC, SPSC. Parliamentary Government,
Fourth Allocation of the Seats in Rajya Rule of Law, Writs, British
Schedule Sabha to States and UT’s. Parliamentary Privileges, Constitutio
Fifth Administration of Scheduled Singlecitizenship, Bicameralism, n
Schedule Areas and Scheduled Tribes Legislative Procedure.
Administration of Tribal Areas in Fundamental Rights,
Sixth
Assam, Meghalaya, Tripura and Impeachment of president,
Schedule
Mizoram. Removal for SC and HC judges, USA
Division of Powers : Present Judicial independence and
(originally) Judicial Review, Post of vice
Seventh
1. Union list -100 (97)
Schedule president.
2. State list - 61 (66)
DPSP, Nomination of Rajya
3. Concurrent list -52 (47)
Sabha members,Method of Ireland
Official Languages recognized by
President election.
the Constitution originally 14
Federation with strong centres,
and now 22 languages
Eight 71st CAA 1992 – Konkani, residuary power with centre,
Canada
Schedule Manipuri ,Nepali. Appointment of Governor,
92nd CAA 2003– Bodo, Dongri, Advisory jurisdiction of SC.
Mythili, Santhali. Concurrent List, Freedom of
96th CAA 2011 – Odia. Trade and Commerce, Joint Australia
Ninth Sitting of Parliament.
Schedule Land reforms and other matters Weimer
1st CA to be placed by State and Centre. Suspension of Fundamental constitutio
1951 rights during Emergency. n of
Tenth Germany
Schedule Fundamental Duties, ideals of
Anti- Defection Law provisions. justice (Social, Political, USSR
52nd CA
1985
Economical) in preamble.
Eleventh Republic, Liberty, Equality and
France
Schedule Fraternity in preamble.
Panchayats (29 Matters) (243-G) Amendment of the Constitution
73rd CA South
& election of members of Rajya
1992 Africa
Sabha.
Twelfth
Powers that can be transferred to Procedure established by Law. Japan
Schedule
Municipalities (18 Subjects) (243-
74th CA W).
1992

forms—social,economic and
3.
` Preamble of the Constitution political, secured through
Fundamental Rights and
Directive Principles
Identity card of the Constitution: N A  Social justice: Equal
Palkhivala treatment of all
 Economic Justice: no
Horoscope of our sovereign democratic discrimination on the basis
republic: K M Munshi. of economic factors
Social Justice + Economic Justice
 Based on the ‘Objectives Resolution’,
= distributive justice
 Not a source of power to legislature
 Political justice: equal
nor a prohibition upon the powers of
political rights to all
legislature.
 It is non-justiciable  Absence of restraints on the
 Amendable (amended only once so far, activities of individuals
in 1976, by the 42nd Constitutional  Providing opportunities for
Amendment Act the development of
Liberty
individual personalities
 Doesn’t mean licence to do
Key Words
what one likes.
Keyword Meaning
 Ensured through FRs
 Neither a dependency nor a
 absence of special privileges
dominion of any other nation
to any section of the society,
Sovereign  State is free to conduct its
and the provision of
own affairs (Internal and
adequate
External)
 opportunities for all
democratic socialism’ and not
Socialist individuals without any
a ‘communistic socialism’
Equality discrimination.
 Positive concept of
 3 Dimensions:
secularism
Secular Civic: Art. 14, 15, 16, 17 and 18
 Added by 42nd Constitutional
Amendment Act of 1976. (FRs)
 embraces not only political Political: Art. 326 (Universal
democracy but also social adult franchise) and Art. 325
and economic democracy Economic: Art. 39 (DPSP)
Democratic  based on doctrine of popular  implies a sense of
sovereignty brotherhood.
 based on indirect democracy  System of single citizenship
Fraternity
 Art. 51-A (Fundamental
 Elected head of the state Duties)
 Political sovereignty lies with
people and not a single
Republic
person It ensures 2 things:
 Public offices are open to 1. Dignity of individual
all 2. Unity and integrity of nation (territorial
Justice  embraces three distinct and psychological)

Significance of the Preamble: Territory of India’ is a wider expression

1. Basic Philosophy and Fundamental than ‘Union of India’. Union of India
values of the constitution are stated implies States whereas Territory of India
2. Essential to unravel minds of implies States, UTs, Territories that may
be acquired
constitutional forefathers.
3. Soul of Constitution lays down pattern
of our political society  Article 2: (a) power to admit new
already in existence)
states (already existence (b) power
Components of the Preamble:: to establish new states (states
( non-
1. Derives its authority from the people existent before)
of India (We, The People of India is Article 3:
mentioned in Preamble).  authorises Parliament to deal with
2. Nature of Indian state : sovereign, internal readjustment of territories of
socialist, secular, democratic and constituents of union of India (i.e.,
republican polity states).
3. Objectives- specifies
fies justice, liberty,  Bill for the purpose: 1. Prior
equality, fraternity, unity and integrity recommendation of President 2.Should
4. Date of adoption- Nov 26, 1949 be referred to concerned state
legislature for its views
Is Preamble Part of the Constitution?
onstitution?  Laws made under Art 2 and Art 3- not
 Berubari v/s Union (1960) Case: Constitutional amendment act.
Preamble is not part of the  Territory cession to a foreign country -
constitution can’t happen under Art 3. Needs
 Keshavananda Bharati (1973) Case: constitutional amendment.
Preamble is part of the constitution  100th Constitutional
onstitutional Amendment Act
 LIC of India (1995) Case: Preamble is ceded certain enclaves to Bangladesh.
Integral part of the constitution
 Amendment of Preamble:
Preamble:Amended
once so for, 42CAA
4. Union and its Territory
Part-Iof
Iof Constitution Articles from 1 - 4
Article 1:
 Bharat as a ‘Union of States’ not
Federation of states (notnot result of
agreement between the states
states)
 Territory
erritory of India can be classified into
three categories: 1. Territories of the
states, 2. UTs 3. Territories acquired
by GoI

New states that came in to Existence after

1956 5. Citizenship
1. 1960 : Maharastra, Gujarat from
Bombay Constitution provides only for Single
2. 1963 : Nagaland Citizenship.
3. 1966 : Haryana, Chandigarh and HP
from Punjab Province Who are citizens?
4. 1972 : Manipur, Tripura and Time of commencement of the constitution
Meghalaya.  Person who is domicile in India – born
5. 1975 : Sikkim (36 CAA) and any one of the parent is
6. 1987 : Mizoram, Arunachal Pradesh Indian,(descent) or resident in India for
and Goa 5 years (Art 5)
7. 2000 : Chattisgarh, Uttarakhand and  People who came from Pakistan (Art 6)
Jharkahand  People who went to Pakistan and
8. 2014 : Telangana returned back to India before
commencement of this constitution (Art
Evolution of States and Union Territories: 7)
 Integration of 3 states with India :  Persons of Indian origin residing
Hyderabad - Police action, Junagarh - outside India (by registration) (Art 8)
Referendum, Kashmir: Instrument of
accession. Ways of acquisition of Citizenship under
 Dhar Commission (1948): Citizenship Act:
Reorganisation of states on the basis of 1955 – Birth, Descent, Registration,
administrative convenience rather than Naturalisation, incorporation of a new
linguistic factor. Territory
 JVP Committee(1948): Formally
rejected language as the basis for Loss of Citizenship:
reorganisation of states  Renunciation
 Fazl Ali Commission (1955): Broadly  Termination
accepted language as the basis of  Deprivation
reorganisation of states. Rejected the
theory of ‘one language–one state’. Citizenship Amendment Act 2019:
 Based on Fazl Ali commission, States The Hindus, Sikhs, Buddhists, Jains, Parsis
reorganisation act 1956 and 7th CAA and Christians from Afghanistan,
led to Abolition of four fold Bangladesh and Pakistan, who entered India
classification of states and formation of on or before December 31, 2014,
14 states and 6 UTs.  Will not be treated as illegal
First linguistic state created in migrants.
India – Andhra state in 1953.  Eligible to acquire Indian citizenship,
 Eligible for citizenship for after 6 years
of stay in India instead of 12 even if
they don’t possess proper document

 Relaxation of 11 yrs requirements to 5 enemies not enemy aliens (14,

yrs for person belonging to religion & 3 20, 21, 21A, 22, 23, 24,
countries. 25, 26, 27, 28).
Fundamental rights
6. Fundamental Rights available against
Against citizens private citizens too –
Part III of the Constitution from Articles 12 15,17,23,24,32(Only
to 35 Habeas Corpus).
 Inspiration: Bill of rights-USA
 Originally 7 FRs, Presently 6 FRs. Right Features:
to property deleted by 44th CAA  Not absolute but qualified. Reasonable
1978.Presently Right to property was, restrictions can be imposed.
Legal right (Art 300A)  Available against the arbitrary action
 Magna Carta of India. of the State, with a few exceptions,
 Promote political democracy against the Action of private
 Prevent authoritarian & despotic rule individuals.
 Place limitation on Legislature and  Most of them are negative in
Executive character, : place limitations on the
 Aim At establishing a government of authority of the State, while others are
laws and not of men. positive in nature, conferring certain
privileges on the persons.
Fundamental rights are  Justiciable
Right to equality Article 14 to 18  Defended and guaranteed by the
Right to freedom Article 19 to 22 Supreme Court (Article 32) and High
Right against court. (Article 226)
Article 23 to 24
exploitation  Not sacrosanct or permanent (can be
Right to freedom of amended)
Article 25 to 28
religion  Can be suspended during the operation
Cultural and of a National Emergency except the
Article 29 to 30
educational rights rights guaranteed by Articles 20 and
Right to property 21.
Article 31
(del,44 CAA)
th
 Scope of operation is limited by Article
Right to 31A, 31B, 31C.
constitutional Article 32  Application can be restricted while
remedies enforcement of martial law
 Most of them are directly
Few are available only enforceable.
to citizens not to  For few an enabling law can be made
Only to citizens
foreigners (Art only by Parliament Ex – 21A, PoA Act,
15,16,19,29 and 30). 1989
Citizens and Available to citizens
foreignersNot for and foreigners too but

Article 12–Definition of State: Exceptions:

Union and State governments legislatures,  President of India and Governor of the
local authorities, statutory or non-statutory state during their office :
authorities (LIC, ONGC, SAIL), PSUs etc. 1. Not answerable to any court for
exercise of power and duties
Article13 – All laws that are inconsistent 2. No criminal proceedings can be
with fundamental rights shall be void – Basis initiated.
of judicial review. 3. No process for the arrest or
imprisonment issued by any court.
Laws Include:  Foreign sovereigns, ambassadors and
 Laws of parliament, state legislature diplomats, UNO and its agency.
 Ordinances  Art 31C – Laws made for implementing
 Non legislative sources of law DPSP under 39(b), 39(c).
(Convention).  Article 105, 194 –MLAs and MPs are
 Delegated legislation not liable for any of their action inside
 Word law do not apply for personal legislature.
laws.  Article 361A, No person shall be liable
for true reporting of freedom to publish
Article 14: proceedings of Parliament and State
 Equality before the law Legislature.
 Equal protection of the law
Article 15:
 No discrimination against citizens only
Equality before the law (Negative
on the grounds of race, religion, caste,
concept):
sex or place of birth (discrimination
 Absence of any special privileges in
on other grounds is allowed)
favour of any person.
 No discrimination in giving access to
 Equal subjection of all persons to the
shops, Public restaurants, hotels and
ordinary law.
places of public entertainment –
 No person is above the law.
applicable to state.
 No discrimination in use of wells,
Equal protection of the law (Positive
tanks, bathing ghats maintained by
concept):
state funds for general public. applies
 Equality of treatment under equal
to both citizens and state.
circumstances
 Similar application of same law to all Exceptions:
people who are similarly situated  Women and children, SC/ST,
 Like should be treated alike without educationally and socially backward
discrimination classes of citizens.
 Rule of law is a Part of Basic Structure  93rdAA 2005 – Reservations in Private
educational institutions for OBCs other
than Minority educational Institutions.
27% quota to OBCs.
 Creamy layer is applicable for OBC
reservations.

Article 16:  76th Amendment Act,1994 Tamil

Nadu 69% reservation in 9th schedule
Equality of opportunity in Public to protect from judicial review.
Employment  77th Amendment Act, 1995 it
No citizen can be discriminated or made provides reservation in promotions in
ineligible for employment of any office under favour of SCs and STs if they are not
the state and on the grounds of only religion, adequately represented in the services.
race, caste, sex, descent, place of birth or  81st Amendment Act, 2000 It
residence. (Under article 15 descent and empowers the state to fill backlog
place of residence are not present) vacancies even if there cross 50%
ceiling.
Exceptions:
 85thConstitutional Amendment Act,
 Residence as conditions for certain 2001 its provides consequential
types of employment (only by the seniority for SCs, STs with
parliament). Example: 371D in Andhra retrospective effect from June 1995.
Pradesh.
 103rd Constitutional Amendment
 Reservations to socially and Act 2019,amends Article 15 and 16,
educationally backward classes. (State Provides for 10% reservation in
can provide) government jobs and educational
 Incumbent of an office related to institutions for the economically
Religious or denominational weaker section in the unreserved
institutions belonging to particular category.
religion.
Article17:
Reservations:  Abolishes Untouchability it is applicable
 Mandal Commission 1979(appointed to state and private citizens.
under Article 340 of the constitution).  Untouchability is not defined in
Identified 52% of the population as Constitution or civil rights, protection
OBCs and recommended 27% act.
reservations.
 Indira Sawhney Judgement 1992 – Protection of civil Rights Act, 1955.
Total reservations shall not exceed 50%  Preventing from entering public
(including carry forward jobs) worship
 Merit shall not be compromised.  Justify untouchability on religion,
 Reservations exists at entry level not in traditional basis
promotions.  Insulting SC person on the ground on
 Creamy layer to exclude advanced untouchability
sections among OBCs.  Refuse to admit in hospital,
 Ram Nandan Committee was educational institution & hotels
appointed to identify creamy layer established for public benefit.
among OBC. Government approved it.  Refuse to sell goods & Render Service.

Article 18: Abolition of Titles – State conduct meetings, restrain an

cannot confer any title on a citizen or demonstrations assembly or
foreigner. and take out meeting or
processions. procession.
 Prohibits state from conferring any title
This right does not Under section
on anybody (Except military,
include right to 141 IPC
academics)
strike. assembly 5 or
 Citizens can’t accept any Titles from more persons
foreign state. can be made
 A foreigner working for Indian unlawful.
government can’t accept a title from All citizens have
Sovereignty
foreign state without the consent of the right to form
and Integrity of
President. Article associations or
India, Public
19 -1(c) unions or
 No citizen or foreigner holding any office Order and
cooperative
of profit shall not accept any present, Morality.
societies
emolument without the consent of the
Interest of
President. Citizen can move
general public,
 Bharat Ratna, Padma Awards are not Article freely throughout
protection of
19–1 (d) the territory of the
titles. (Not to be used as suffixes or interest of
country.
prefixes to the names of awardees) tribals.
Freedom of General public
Article 19: Right to Freedom Residence interest,
Reasonable Article Every citizen has protection of
Article Freedom
Restrictions 19 -1 (e) right to reside and interest of
Sovereignty settle any part of scheduled
Freedom of and Integrity of the country. tribes
Speech and India Security Article Removed by 44th Removed by
Expression (Every of State 19–1 (f) CAA 1978 44 CAA 1978
th
citizen has right to Friendly General public

express his beliefs relation with interest,
and convictions. It foreign states. professional
Article Citizens has right
includes freedom Public Order and technical
19 - 1(a) to practice any
of press, freedom Decency or Article qualifications,
profession,
of information, Morality, 19–1(g) licences etc are
occupation, trade
silence, freedom contempt of necessary.
or business
against bandh, court, However State
right to telecast, deformation, can monopolize
advertise etc.) incitement to a business.
an offense.
Freedom of Sovereignty  These 6 rights are protected only
Assembly and Integrity of against state action and not private
Every citizen has India, Public
Article individual
to right to order, section
19 - 1(b)  Important rights included under Art. 19
assemble 144 of CRPC
peacefully without allows (a): Freedom of Press, No Right to
arms. They can magistrate to Strike, RTI etc.

 Freedom to move in and out of the  Double Jeopardy: Applicable in case of

country is not available under Article court or tribunal (not applicable before
19 (Present under Article 21) administrative authorities)
 State can impose reasonable restriction  No self-incrimination: Applicable only
only on grounds mentioned in Art 19 to criminal cases (both oral and
itself. documentary) and not in case of civil
proceedings.
Article 20: Protection in respect to
conviction for offences Article 21: No person shall be deprived of
Provision Explanation Other Points his life or personal liberty except
No person according to procedure established by law.
Applies only to
shall be
criminal laws
No ex post convicted by A.K. Gopalan Menaka Gandhi
not to civil and Criteria
facto laws, applying law CaseProtection CaseProtection
tax laws.
(no backwards &
Do not apply to Arbitrary
retrospection) No Penalty
prevention executive Available Available
greater than
detention. actions
prescribed
Available (Un
Available only
reasonable
for proceedings Arbitrary
unjust, unfair
No person before a court Legislative Not Available
laws can be
shall be of law or actions
questioned by
prosecuted judicial
No double judiciary.)
and punished tribunal not
Jeopardy Due
for the same before
process of Not Available Available
offense more departmental
law
than once. and
Wider and
administrative
positive
authorities. It means only
interpretation of
Blood samples, liberty relating
Meaning liberty i.e.,
specimen to person, body
of Liberty opportunity to
signatures, of the
live with dignity
thumb individual
No person and to develop to
impressions,
No Self shall be ones capacities.
exhibition of
Incrimination witness of his
body,
own case.
production of Due process of Procedure
material Law Established by Law
objects are not
Due process
covered. A law that is duly
balances the
enacted by legislature
power of law of
 No ex-post-facto law: 1) Applicable or the concerned body
the land and
only on criminal laws and not on civil is valid if it has
protects the
laws or tax laws. 2) Immunity can’t be followed the
individual person
claimed in case of preventive detention. correct procedure
from it.

Article 21A - Right to Education: discrimination on grounds only of

 State shall provide for free and religion, race, caste, class.
compulsory education to children in the
age of 6 to 14 years (86th constitution Article 24 - Prohibits employment of
amendment act 2002). children below the age of 14 years in
 Right to Education Act 2009 was hazardous industries.
enacted to enforce this.  Does not prohibit child labour in non
hazardous industry.
Article 22 – Protest against arrest and  Child Labour (Prohibition & Regulation)
detention Act 2016, prohibits all kinds of
 Grounds to be informed, right to employment of children below 14 years.
consult and defended by a lawyer, right 14 to 18 years children in Hazardous
to be produced a magistrate within 24 industries.
hours excluding journey and holidays.
 Shall not be detained for more period Article 25 - Freedom of conscience,
than authorized by magistrate. freedom to profess, practice and
propagate religion.
Two kinds of Detention  Do not provide right to religious
1. Punitive Detention : Punish a person conversions.
for offence committed by him
 Covers religious beliefs and practices
2. Preventive Detention: Detention of
 Hindus under Article 25 includes
person without trial & conviction in
Hindus, Sikhs, Jains and Buddhists.
court.
 Reasonable Restrictions: Public Order,
 Can be detained for 3 months,
Morality, Health.
beyond that advisory board shall
 State can regulate : economic, political
permit. The board shall consist of
activity associated with religion. Can
Judges of High Court.
provide welfare, reform of religious
 Parliament by law increase the
institutions.
period of preventive detention for
more than 3 months without
Article 26 - Religious denominations can
obtaining opinion of advisory
establish, maintain, manage, and acquire
board.
property for religious and charitable
 Legislative power with regard to
purposes.
preventive detention - Division
 Necessary conditions (by SC) to be
between parliament and state
considered as religious
legislature.
denomination:
1. System of belief 2. Common
Article 23 - Prohibition of Traffic in
organisation 3. Distinctive name
Human being and forced labour.
 Available against state and private
citizen.
 State can impose compulsory service
for public purpose without any

Article 27 - Freedom from taxation for state only on grounds of religion race,
religious institutions caste or language.
 Section of the citizens: It includes
Tax cannot be levied but fees against the both, majority as well as minority (By
service can be levied. SC).
 This article prohibits only levy of a tax
and not a fee Article 30- Rights of minorities to
establish and administer educational
Article 28 - Freedom from attending institutions available to religious and
religious instructions in educational linguistic minorities.
institutions.  Institutions enjoy right to property,
 Not applicable to an educational reservations for OBCs (93rd
institution established by the state but Amendment act) do not apply to these
requiring imparting religious institutions.
instruction  Applicable only to minority institutions.
Educational Religious
Institution Instructions Article 32 - Right to constitutional
Institutions wholly Completely remedies
maintained by state prohibited  Basic feature of constitution,
Institutions parliament can empower any
Administered by state Religious subordinate court to issue writs of all
but established under instructions kinds.
any endowment or permitted  President can suspend the right to
trust move to any court for enforcement of
Permitted on fundamental right during national
Institutions recognized voluntary basis, emergency.
by the state student may or  Dr. B R Ambedkar: Soul and heart of
may not attend Constitution Writs can be issued by HC
Permitted on and SC to enforce FRs
Institutions receiving voluntary basis,
aid from the states student may or SC as the defender and guarantor of FRs
may not attend WRIT
Meaning/ Locus Against to
Purpose Standi Whom
Show me the Private
Article 29 - Any section of the citizens
Habeas body of / to Do not Citizen or
residing in any part of India having Corpus find the apply Public
distinct language and culture shall have missing people Authority
right to protect the same. (Collective Right) We command
Against
/ To get the
 Is a group right, it is available for both Mandamus Applies Public
Job Done by
religious and linguistic minorities. Official
an authority
 No citizen can denied admission into To Forbid / to Judicial
any educational institutions maintained Prohibition
stop the lower
Applies
and Quasi
by the state or receiving aid from the Courts Judicial
proceeding bodies

further in a  Refers to situation where civilian

case out of
administration is run by military
their
jurisdiction
authorities.
To be certified  Empowers Parliament to indemnify any
or to be government servant or any other person
Judicial
informed / where martial law in force.
and Quasi
Certiorari transfer a case Applies
due to excess
Judicial  SC: Habeas Corpus is not automatically
bodies suspended.
of lower court
jurisdiction Martial Law National Emergency
By what Affects
Any public
authority / To
authority  Fundamental
Quo- prevent Do not
unqualified Rights
Warranto unqualified apply
for the
people taking  Centre-State
position.
public offices Relations
Affects only
 distribution of
 Habeas corpus: Not issued where Fundamental
revenues and
detention is lawful, proceeding / rights
legislative powers
detention is contempt of legislature or between centre and
court, detention is outside the states
jurisdiction of court. may extend the tenure
 Mandamus: Not issued Against private of the Parliament.
individual or body, president, governor, Suspends the
CJ of high court, duty is discretionary Continues the
government and
not mandatory, dept instruction does government and
ordinary law
possess statutory force. ordinary law courts.
courts
Imposed to
Article 33 - Parliament can restrict,
restore the Can be imposed only
abrogate fundamental rights of armed
breakdown of on three grounds war,
forces, para military force, police forces,
law and order external aggression or
intelligence agencies. (State Legislature
due to any armed rebellion.
cannot make a law on this).
reason.
 Members of armed forces are also
Imposed in some Imposed either in the
include other service providers to the
specific area of whole country or in
armed forces. Example: Cooks and
the country. any part of it.
Carpenters.
No specific Has specific and
Article 34 - Provides for the restrictions provision in the detailed provision in
on Fundamental rights while martial law Constitution the Constitution.
in force.
 Martial Law is not defined in the
constitution.
 Derived from Britain

Article 35- Parliament only has power to received president assent after
make laws to give effect to certain FRs reservation.
(Ensures Uniformity)  Article 31B - saves acts and
 Residence as criteria for public regulations placed in ninth schedule
employment. (Art. 16). from judicial review.
 To empower courts and other than
Supreme Court and high courts to IR Coelho case: laws placed under 9th
issue writ orders, directions for schedule after April 24th 1973 comes are
enforcement of fundamental rights. open to challenge in court (Art. 14, 15, 19,
(Art. 32) 21 and basic structure). Judicial review
 To make laws to take away was stated as part of basic structure of
fundamental rights for armed forces – constitution.
para-military and police. (Art. 33)  Article 31C-Brought in by 25th
 To indemnify the acts of government amendment act 1971, states that Art.
servant during marital law. (Art. 34) 3(b) and Art. 39(c) can override article
 Parliament can also make laws for 14 and 19.
punishment of offences declared under  Rights Outside Part – III: Are not
FRs. Example: Untouchability, human fundamental rights but are
trafficking etc. constitutionally guaranteed legal rights.
 Extends the competence of Parliament o Article 265: No tax can be levied or
to make laws on few matters specified collected except by authority of law
in state list o Article 300A- Right to property
 Status Right to Property was repealed o Article 301 – Trade, Commerce and
by 44th amendment act 1978 now it Inter course throughout territory of
is a legal right under article 300A. India.
 Right to Property (Art 19) exists for o Article 326 – Right to Vote
Minority educational institutions as a
fundamental right. Note: Under Article 226 High Courts have
Writ Jurisdiction on these rights.
Exception to FRs
 Article 31A-
 prohibits five categories of laws from
being invalidated for violation of
article 14 and 19 : land reforms,
industry and commerce and include,
Acquisition of States, Management of
properties, amalgamation of
corporations, modifications of rights of
directors and shareholders,
modification of mining leases etc.
 doesn’t immunize state law from
judicial review unless reserved

o Article 43A: Participation of workers in

7. Directive Principles of the Management of industry.
State Policy o Article 48A: Safeguarding forests and
wildlife.
 Part IV of the Constitution from  44th CAA 1978 added DPSPs -
Articles 36 to 51 o Article 38 (state to secure social order
 Inspiration: Irish constitution for the promotion of welfare of the
 Dr. Ambedkar described DPSP as people)
NOVEL features.  86th CAA 2002 added DPSPs –
 DPSPs and FRs are: Philosophy, soul o Article 21A: Changed subject matter of
and conscience of the constitution. Article 45, Made elementary
 Essential for Governance Education as FRs.
 97th CAA 2011 Added DPSPs –
Features of DPSP: o Article 43B - Cooperative societies.
 Constitutional instruction to state.
 Resemble the instrument of instruction List of DPSP:
of GOI act 1935 to the Viceroy. Article
Subject Matter
 Aimed to establish Economic and social No.
A-36 Definition of State
democracy.
Application of the directive
 Aims to establish a welfare state A-37
principles
State to secure a social order for the
Fundamental in the governance
A-38 promotion of welfare of the people
 Non-justiciable
(SEP justice)
 SC: DPSP can be considered as Certain principles of policy to be
reasonable restriction in relation to followed by the State.
Art. 14 and Art. 19 To secure :
 Classification of DPSP (Not (a) Rights to adequate means of
mentioned in constitution) livelihood
Remember the DPSP related to health, (b) Equal distribution of material
education for Mains. resources of the community
A-39 for the common good
Principles Sections
(c) Prevention and concentration
Socialistic 38, 39, 39A, 39B,
on Wealth
principles 41, 42, 43, 43A, 47
(d) Equal pay for equal work
40, 43, 43B, 46, 47,
Gandhian principle (e) Preservation of health and
48
strength of workers.
Liberal intellectual 44, 45, 48, 48A, 49,
(f) Opportunities for healthy
principle 50, 51.
development of children
A-39(A) Equal justice a free legal aid.
 42nd CAA 1976 added DPSPs -
A-40 Organization of village panchayats
o Article-39: To secure opportunities for
Right to work, to education, and to
healthy development of children. A-41
public assistance in certain cases.
o Article-39A: To promote equal justice Provision for just and humane
and to provide free legal aid to poor. A-42
conditions of work and maternity

relief. FR V/S DPSP

A-43 Living wage, etc. for workers FR DPSP
Participation of workers in Justiciable Non-justiciable
A-43(A)
management of industries.
Economic and
A-43(B) Promotion of co-operative
operative societies Political justice
Social justice
A-44 Uniform Civil code for the citizens
Have legal sanction No legal sanction
Provisions for early childhood care
A-45 and education to children below the
Personal & Societarian and
age of six years. individualistic socialistic
Promotion of educational and Automatically Not automatically
economic interests of scheduled enforced enforced
A-46
castes, scheduled tribes and other Courts can’t
weaker sections.
Courts declares a
declares a law
Duty of the state to raise the level of law violating FR is
violating DPSP as
nutrition and the standard of living unconstitutional
unconstitutional
A-47 and to improve public health.
Prohibit the consumption of
Intoxicants
Organisation of agriculture and
A-48
animal husbandary
Protection and improvement of
A-48(A) environment and safeguarding of
forests and wild life.
Protection of monuments and places
A-49
and objects of national importance.
Separation of judiciary from
A-50
executive
Promotion of international peace
A-51
and security.
Directive Outside – Part – IV:

o Article 335 (Part XVI): Claims of
members of SCs STS shall be taken
consideration without compromising
efficiency of administration in Public
employment.
o Article 350A (Part XVII): Instruction
in mother tongue at the level of primary
education.
o Article 351 (Part XVII): Development
of Hindi Language.

9. Amendment of the
8. Fundamental Duties
Constitution
 Part IVA of Constitution Article 51A
Part XX of constitution, Article 368
 Inspiration: USSR
 Inspiration: South Africa
 Original Constitution didn’t incorporate
with FDs
 Sardar Swaran Singh Committee
ommittee (1976)
recommended 8FDs
 42nd CAA 1976 included 10FDs in
constitution
 Some are moral, some are civic
 Confined to citizens only
 Non-justiciable
List Fundamental Duties:

uties: 51(A)
(a) To abide by constitution, respect its
ideals and institutions.
(b) To cherish and follow the noble ideals
(c) To uphold and protect sovereignty,
unity and integrity
(d) To defend the nation & render national  Parliament has authority to amend
service constitution.
(e) To promote harmony and d spirit  Can’t amend provisions forming basic
(f) To value and preserve the rich heritage structure,, by keshavananda Bharati
(g) To protect natural environment case 1976.
(h) To develop scientific temper  Art 368 gives procedure and power to
(i) Safeguard public property amend constitution.
(j) Excellence in all spheres of individual  Bill can be introduced-either
introduced house (LS
and collective activity or RS), NOT in state legislature
(k) Providing opportunities for education of  Can be introduced by minister or
children in the age group 6 6-14 years private member
(86 CAA 2002)
th
 No need of prior permission of president
(l) [Remember
emember these and observe the  Bill must be passed by each house-house
fundamental duties that overlap in Special majority
language with DPSP]  Each house must pass the bill
separately
 To amend federal provisions-Half
provisions of
state legislative assemblies must ratify
with simple majority.
 President must give his assent to the
bill

Three Ways Amendments

Types Procedure 10. Basic Structure
 Majority of the members
Simple present and voting Parliament under Article 368 can amend
majority  Considered as amendments any part of constitution without affecting the
outside Art 368. basic structure of constitution.
Majority of 2/3rd members
Special
present and voting, more than
majority Cases With Respect to Basic Structure:
50% of the total strength of the
(Type-I)
house.
 Shankari Prasad Case 1951-
By special majority of Parliament can take away any FRs
Special  Golakanath Case 1967- Parliament
parliament and consent of half
majority
of the state legislative can’t take away FRs. It cannot amend
(Type-II)
assemblies with simple majority them. Art 368 has only procedure and
not power to amend the constitution.
Constitutional Amendments By Simple  Kesavanandbharati Case 1973-
Majority Parliament can amend the FRs without
 Creation of new states (Art 3) affecting the basic structure
 Admission of new states (Art 2)
 Schedules - second, fifth and sixth Basic Structure Comprises:
 Judiciary: Number of judges, power of  The supremacy of the constitution.
Supreme Court.  Sovereign republican and democratic
 Legislature – Quorum, language, nature of Indian polity
privileges, Rules of procedure, salaries  The secular character of the
and emoluments of MPs, Elections, Constitution.
Delimitation, abolition or creation of  Separation of power between the
legislative councils etc. legislature, executive & Judiciary
 UT’s – creation of Legislature and  The federal character of the
elected executive. Constitution.
 Citizenship–Acquisition & termination  Welfare state, effective access to justice
 Unity and integrity of India
By Special Majority:
 Rule of law , free and fair election
 All provisions that can’t be amended
 Principle of equality
by other means – Ex – FRs and DPSPs.
 Principle underlying FRs and Harmony
 By special Majority of Parliament
and balance b/w FRs & DPSPs
and consent of states
 Parliamentary system, power of
 Election of President
parliament to amend constitution.
 Extent of executive and legislative
 Judiciary: Independence, Judicial
power of union and states
Review, power of SC & HC (Art 32, 136,
 Seventh schedule
141, 142, 226 & 224).
 Supreme court and High Court
 Representation of states in parliament
 Amendment of Art 368 itself.

 Parliament authority over state

11. Federal System list(international agreements)
 Appointment of Governor
 Inspiration: Canadian Model
 All India Services
 Federalism- Sharing of power between
 Integrated Judiciary
centre and states
 Absolute veto power over state bills
 Federation nowhere mentioned in the
constitution.
Comments:
Granville Austin Cooperative Federalism
Federal Government in India:
Morris Jones Bargaining Federalism
 Quasi Federalism-blend
blend of Unitary and
Paul Appleby Extremely Federal
Federalism.
Federation with strong
Ivor Jennings
centralising tendency
Both unitary and Federal
Dr. BR
based on requirements of
Ambedkar
time and circumstances
K C Wheare Quasi Federalism
Central grants and
Planning Commission
Santhana
increased dominance of
Federal Features centre.
 Dual polity
 Written Constitution SC Judgements:
 Division of Powers (union list
list-100, state  S.R. Bommai Case (1994): Federalism
list -61, concurrent list-52)
52) is basic feature of the constitution
 Constitutional Supremacy  Kesavananda Bharati Case (1973):
 Rigid constitution Federal character of the constitution
 Independent Judiciary
 Bicameralism Challenges in Working of Federalism:
 Rise of regional parties
Unitary Features:  Misuse of Art 356
 Strong centre (with more and most  Accords – Assam, Mizo, Punjab
important subjects, residuary power,  Creation of New states – linguistic,
overriding over state legislation) developmental needs.
 Indestructible union of destructible  Assertion of autonomy by states
states.  Sharing of river waters
 Single constitution, single ccitizenship  Territorial disputes
 Flexibility of the constitution  Increased grants and statutory
 No equal representation to the states transfers to the states.
 Emergency provisions
 Common CAG,

 Rights under Art 19 can only be

12. Emergency Provisions suspended if national emergency is
declared on war/external aggression.
Part XVIII of the Constitution from Articles  Only laws that are related with
352 to 360 emergency can’t be challenged in any
 Source : GOI Act of 1935 court.
 But other laws made during emergency
Types of Emergencies can be challenged for violation of FRs
 National Emergency (Art 352 )  Non suspension of Art 20, 21.
 President’s rule for constitutional  Art 358 – only for Art 19 (automatic
failure (Art 356 ), suspension)
 When
hen states fail to comply with  Art 359 – empower the President to
direction given by Union ( Art 365 ) suspend “enforcement” of any specified
 Financial Emergency (Art 360) fundamental rights
 Emergencies explanation and  Judicial Review:
eview: All Three types of
ided in Annexure-
comparison – is provided emergencies are subjected to Judicial
I. review. (38AA wanted to do away with
it)
 National emergencies so far – 1962,
1971 and 1975
 Shah commission - to investigate on
emergency in 1975.
President’s Rule:
Changes after 44th CAA 1978

1978- (National
Emergency)
 Term
rm Internal disturbance was replaced
by armed rebellion
 Recommendation from cabinet in
writing.
 Approval within 1 month through
special majority  Expected to be a dead letter but became
 Periodical approval after every 6 a deadly weapon.
months for continuance.  Parliament can delegate the power to
 Revocation through recommendation of make laws to president or any authority
Lok Sabha
abha by simple majority. specified by him.

 Laws made by the parliament, Unacceptable Grounds

president on state list will continue  Not giving a chance for alternative after
after emergency. No confidence motion
 But it can be altered or repealed or re-  When a new party comes to power in
enacted by the state legislature. the centre
 Internal disturbances not amounting to
Judgements: internal subversion or physical
breakdown.
S.R. Bommai Case – 1994
 Mal-administration or allegations of
 Judicial review exists. (It shall nor be
corruption.
based on malafide, perverse, irrelevant
 If no prior warning for rectification was
or extraneous conditions.) Relevant
given.
material is necessary
 If used to settle intra-party disputes.
 Court do not look in to correctness of
material. But existence of material is
Criticism of Emergency Provisions:
necessary.
 Federal character will be destroyed and
 Till Parliament approval, Legislative
Union becomes more powerful.
Assembly is suspended not dissolved.
 Fundamental rights losses their
 Floor of the house is only the test
significance.
ground of confidence.
 Can make rulers dictatorial.
 Anti secular politics are liable for Art
356.  H V Kamath – an invitation for
totalitarian state.
 Courts can restore and revive the
government and Assembly, if  K T shah – A chapter of reaction and
proclamation is declared as Retrogression.
unconstitutional.  TT Krishnamachari - it can lead to
constitutional dictatorship.
Sarkaria Commission - 1988  H N Kunzru:Serious threat to financial
Acceptable Grounds for President Rule autonomy of the state.
 Hung Assembly
 Fail to follow Constitutional direction Positive Side:
 Internal subversion, Physical  Alladi Krishna Swamyayyar: The very
breakdown life breath of the constitution.
 Lack of alternative after No confidence  Mahavirtyagi: A safety valve.
motion passed.
Annexure-I
Emergency Art 360 (Financial
Art 356 (President Emergency)
Powers Part
Art 352 (National Rule/State
XVIII, 352 Criteria As like National
Emergency) Emergency/Constitut
to 360SL. Recovery Act of
ional Emergency)
No. USA.
War, External Constitutional Threat to financial
Grounds of
1 aggression, Armed machinery breakdown stability and
declaration
rebellion or imminent credibility

danger thereof. (On report of governor

or otherwise.)
Classificatio Internal/External
2 No classification No classification
n Emergency
Written
recommenda
3. Required Not required Not required
tion from
cabinet
2 Months Max
duration is for 3 years,
1 Month and Periodical approval
Parliamenta 2 Months,
indefinite period every 6 months
ry approval Indefinite period. (No
4. (need to be
time and Beyond an year – intermittent approval
approved every 6
duration National Emergency or is required)
months)
EC certification are
required.
Majority
required for
5 Special majority Simple majority Simple majority
approval
and revision
President or by Lok
Sabha with simple
majority.
Special Session of Lok

6 Revocation Sabha need to be President of India President of India.
convened if 10% of total
members gives a written
notice to president/
Speaker. (within 14
days)
1. State list - 1. Parliament makes
concurrent list laws on state list. 1. President can
2. Fundamental rights ( No state give directions for
can be suspended legislature) Reduction of
(other than art 2. Governor salaries.
20,21) administers state (including judges
3. Art 358 suspension (No state and other
of FR under Art 19 government constitutional
Art 359 - President exists) authorities)
Consequenc suspends through 3. No effect on 2. Reservation of all
7
es an order except Art fundamental money bills or
20 and 21 rights. financial bills for
4. Centre can give 4. President can the consideration
direction to states confer any of president.
on any matter authority to 3. Direction to
5. President can Centre. states to observe
change 5. President issues canons of
constitutional ordinances on financial
distribution of subjects in state propriety.
revenues between list.

Centre and state. 6. Parliament can

6. Life of Lok sabha delegate the power
and Legislative to make laws on
Assembly can be state subjects.
extended by one
year at a time
indefinitely. (After
emergency ceases
to operate, it can
extend for only 6
months)
7. Parliament cannot
delegate power to
make laws on state
subjects.
Continuatio Will continue and state
Do not continue after 6 No laws are enacted
8 n of laws on can amend /repeal
months of revocation on state list.
state list them.
3 Times- 1962,
9 Imposition More than 100 times Not yet
1971, 1975
13. Centre – State Relations  Tribal areas in Mizoram,

Meghalaya and Tripura
(President can issue orders)
Part XI of Constitution
b. Distribution of legislative
 Division of administrative, legislative
subjects
and financial functions (Not Judicial)
 Union list : 100
I. Legislative Relation: (Article 245 to (Originally 97)
Article 255)  State list : 61
a. Territorial extent (Originally 66)
 Centre – whole or part of  Concurrent list : 52
India, extra territorial (Originally 47)
Jurisdiction.  Residuary power lies with
 State – whole or part of the Union (A-248)
state.
Important subjects in concurrent
Laws of Parliament – list:
Restrictions:  Criminal law and procedure
 UTs (A&N, Lakshadweep,  Civil procedure
Dadra & Nagar Haveli,  Marriage and divorce
Daman & Diu) President can  Population control and family
make regulation. planning
 Scheduled areas (Governor)  Social and economic planning
 Tribal Areas in Assam  Electricity
(governor orders)  Labour welfare
 Newspapers, books, printing press
etc.

 Transferred 5 Subjects to  National emergency (Art-250)

concurrent list from state list (44th  When states make a request
AA 1976 ) (Art-252)
 Education, Forests, Weights &  To implement an
measure, protection of wildlife, international treaty (Art-253)
Administration of justice.  President’s Rule (Art 356)
c. Parliamentary legislation in
state field
 When Rajyasabha passes a
resolution in National
Interest (Art-249)
Sl.
Art Condition Approval /Resolution Other Conditions
No.
Will be in force for 1 year
RS shall pass a
resolution with 2/3
1. 249 National interest It is restricted only to
majority of members
subject specified in
present and voting.
resolution
No resolution is State list becomes
2. 250 National emergency
required concurrent list
States so requested will
loose authority on the
subject.
When states make a No resolutions are
3. 252
request necessary
Parliament can only amend
and repeal the law so
made.
To give an affect to
4. 253 an international No approval is required. No conditions
agreement
5. 356 President’s rule -reference page- 16 -
d. Centre’s control over state interstate trade and

legislation. commerce)
 Reservation of bill to
president by governor. II. Administrative Relation: (Article-256
 Absolute veto powers to to Article-263)
president on state bill a. Distribution of executive power:
 President can ask for  Co extensive with legislative
reservation of bills for his power.
consideration during  On concurrent list,
financial emergency. parliament law can override
 Previous sanctions of state law. (Exception-
president is required for president assent on reserved
certain bills (bills related to bill)

 However, laws on records and Judicial

concurrent list are executed proceedings of all other
by states. states.
b. Obligation of states and centre:  Interstate river water
 State executive power shall disputes– Parliament can
be in compliance with make a law. (Judiciary can’t
parliamentary laws intervene (article 262) Inter-
 State executive power shall state river disputes act 1956
not override/ prejudice was enacted.
executive power of centre. f. All India services
c. Centre’s direction to the states  Art 312- Parliament can
on create new AIS. Condition:
 Communication system Rajya Sabha approval is
 Maintenance of railways necessary with majority of
 Instruction in mother 2/3 members present and
tongue to linguistic voting
minorities till primary stage.  States cannot impose any
 Directions under Art 356, if major punishment and
not followed it can be ultimately responsible to
constitutional breakdown in President of India.
states (Art 356). President’s g. Public service commissions
rule can be imposed.  Appointed by Governor but
d. Mutual delegation of functions can be removed only by
 Art 258: President can president of India.
request governor for use of  Parliament can create a
state machinery, with state Joint Public service
consent is mandatory commission.
 Art 258 A Governor can  On request of Governor,
request president for use of President can request UPSC
central executive machinery. to serve states.
Union consent is mandatory. h. Relation During Emergency
 Parliament can entrust Discussed already.
executive functions of the i. Other Provisions
centre to the states. (if  Governor – Appointed by
parliament does it by law, no President and enjoys office
consent of states is during pleasure of President
necessary) of India.
e. Cooperation Between the  Art 355 and duties of
Centre and State centre – Centre has
 Full faith and credit clause responsibility to protect the
– States and centre shall state from internal
respect the public acts, disturbance/ external

aggression/ war/to carry on b. Distribution of Non tax revenues

the government according to as per the division of powers in
the provisions of Schedule 7
constitution. c. Grants in aid to the states
 State Election  Statutory grants – Article
Commissioner – Appointed 275 – finance commission
by the governor but can be recommends. Charged out of
removed only by President of consolidate fund of India. It
India. includes, General grants and
specific grants.
Extra Constitutional Devices  Discretionary grants –
 NITI Aayog Article 282 – union allocates
 National Integration Council according to its discretion.
 UGC  Other grants - temporary
 Central councils. etc grants in lieu of export of
 Conferences Jute and Jute based
products to Assam, Bihar,
III. Financial Relations: Article 268 to West Bengal and Orissa. No
Article 293 more relevant.
 Allocation of taxation powers – d. Finance Commission:
More taxes are in state list. But,  Article 280
remunerative taxes are in central  Balancing wheel of fiscal
list. Residuary taxation power is federalism in India
with union  Quasi Judicial body.
 Distribution of Tax Revenues –  Appointed by president of
88th AA - Alternative scheme India once in 5 years
devolution of taxes – 10th finance
 Qualifications are
commission.
determined by Parliament
 Art 265: No tax can be levied or
 Purely recommendatory in
collected except by authority of
nature
law.
a. Distribution of Tax Revenues It makes recommendations on:
 Distribution of net proceeds
of taxes between centre and
states and among states
(vertical and horizontal
distribution)
 Grants in aid under Art 275
 Recommendations to
augment resources of
consolidated fund of state to
help municipalities and
panchayats (on the basis of

recommendations of state  Property and income of local

finance commission) authorities are not given
 Any other matter referred to immunity.
it by President.  Customs duties and excise
 Protection of the states duties on goods imported/
interest, in financial matters exported/ manufactured by
certain bills in Parliament state.
can be introduced only by  In Annexure – I Emergency
prior recommendation of and financial relations are
President: already discussed
1. A bill that varies Committees – for Centre- State
expression of relation: By States
agricultural income  Rajamannar Committee – TN
2. Bills dealing with
 Anandpur Sahib Resolution –
allocation of money to Akali dal of Punjab
the states
 West Bengal Memorandum
3. Surcharges
Common Points:
4. Alteration of taxes and
 Move towards true federation
duties where state
 Centre shall have authority
interests are affected.
only on defence,
e. Borrowing Powers - Centre can
communications, external
borrow with in India or outside.
affairs
States can borrow only with in
 Repeal of emergency
India.
provisions
 If states are having
 States consent to form new
outstanding liabilities to
states shall be mandatory.
centre, its prior permission is
 Equal powers to Rajysabh
necessary for borrowing.
and Lokhsabh
 Centre can give guarantee to
 More revenues to states
the borrowing of state.
 Residuary powers to states.
 Parliament and state
Committees by Centre:
legislatures can fix limits.
 Sarkaria commission
f. Intergovernmental Tax
Immunities:  Punchhi commission
 Inter governmental tax
immunities – centre can’t tax 14. Inter – State Relations
states property and vice
versa. Art 262 –
 Interstate river water disputes.
Immunities do not apply: Parliament may provide through for
 To corporations and adjudication of dispute neither SC nor
companies of state and any other court can exercise
central governments. jurisdiction wrt it.

 River Boards Act(1956) and Interstate president of India is required to

water disputes act 1956. introduce bill.
 Art 263 - Interstate council – created  Parliament can appoint authority to
by Presidential order and headed by carry on provisions related to trade and
PM. commerce.
 Within territory of India – shall be free
Inter-State Council Composition:  Zonal Councils – statutory (States
 Prime Minister acts as the chairman of Reorganisation Act-1956) and advisory
the council. in nature.
o Five in number, (Northern, central,
Members of Inter-State Council:
southern, eastern and western) North
o Union Ministers of Cabinet rank in the
Eastern council was created by
Union
separate act of Parliament. In 1971.
o Council of Ministers nominated by the
Prime Minister. Composition:
o Chief Ministers of all states.  Chairman -Union Home minister, chief
o Chief Ministers of Union Territories minister and two Minister from each
having a Legislative Assembly state, administrators of U/T in the zone
o Administrators of UTs not having a are members. Chief Ministers of states
Legislative Assembly. on rotation basis works as vice
o Governors of the states being chairman. (one year)
administered under President’s rule.  If any other Members exists, they do
not have voting rights. (Chief Secretary,
Functions of Inter-State Council:
Planning Commission Members etc)
 Inquiring and advising upon disputes
 North eastern council has special
which may have emerged between the
responsibilities to make a regional plan
States
and maintenance of security and Public
 Investigating and discussing subjects in
order in the region.
which the States of the Union has a
common interest.
15. Executive
 Making suggestions on any such
subject, for the better coordination of
15A. Union Executive
policy and action with respect to that
 Part V of constitution Article from 52-
subject.
78
 Art 261 – Full faith and credit clause
 Consist of President, Vice president, PM
for public acts, Records and Judicial
and council of members, Attorney
proceedings.
General of India
 Art 301-307 - Interstate trade and
commerce– Part XIII
President
 Parliament and state legislature by law
 Qualifications of contestant – 35yrs,
can impose restrictions. In case of
citizen of India, qualified to be a
state legislature, previous sanction of
member of Lok Sabha, shall not hold
office of Profit under any govt.

Election of the President Impeachment:

 50 electors shall be proposers and 50  Quasi-judicial
judicial procedure in parliament
shall be seconders.  Grounds: Constitutional violation
 Election system – indirect election, (undefined) parliament with 2/3rd
proportional representation by single majority of total strength of house
transferable vote. independently in LS and RS.
 Total number of votes polled+1
ed+1  (Nominated members also participate,
 Number of seats +1 MLA’s do not participate)
 Voters (Only elected MPs
MPs-LS and RS,  14 days of prior notice
n should be given
Elected MLA’s of Legislative Assembly to President
of states and U/T of Delhi and  First house – lays charges and 1/4th
Puducherry) members need to support it.
 Votes of each MLA =  Chairman/ Speaker may or may not
Total Population of a state admit it.
 1000
Elected MLA’s in Assembly  Second
econd house investigates the charges.
Votes of each MP =
Total value of votes of all MLAs of all states

Total number of elected MPs
Note:
 Vote of an MLA is not equal to vote
of an MP
 Vote of all MLA = vote of all MPs
 Oath –faithfully
faithfully execute office, devote to
well being of people, To preserve, Note:
protect and defend constitution given  President actions prior to impeachment
by chief justice of India. will not get affected.
 Conditions of office– determined by  Vacancy in the President’s Office is
Parliament temporarily filled by Vice president, CJI
or Senior most Judge of SC in order.
Legal Immunity: (max period 6 months)
 No criminal proceedings, during his  Newly elected president will be in office
term of office. for full term. (5years)
 Civil proceedings with 2 months of  Resignation of President is submitted to
Notice can be initiated only on personal Vice President.
acts.
 Term: 5 Years
 Eligible for re-election
election for any number
of times.

Powers and Functions:  He causes budget to be laid before the

Parliament.
Executive Powers:  For unforeseen expenditure he can
 All executive actions of the Centre are make advance out of contingency fund
conducted / Transaction of business of India.
rules are in the name of President,  Demand for grants Recommend by him
administers UTs, declares an area as a
scheduled area. Judicial Powers
 Makes all important appointments (PM,  Appoints Judges of SC and HC’s
AGI, CAG, UPSC, FC members, SCs  He can ask for advise to SC (Advisory
STs OBC commission, interstate Jurisdiction), advice is not binding on
council, CJI & Judges of SC.) him.
Legislative Powers: Pardon Powers: Art 72 (161 for Governor)

 Integral Part of the parliament  Pardon : Completely absolves
 Gives Assent to bills conviction
 Summons Joint sitting  Commutation : Quality of conviction
 Summons, prorogues houses and is changed.
dissolves Lok Sabha  Remission : Period of sentence is
 Addresses the Parliament – 1st session changed and not the
after general election & 1st session every nature of conviction.
year.  Respite : Lesser sentence due to
 Appoints Protem Speaker, calls for special fact
election of Speaker, Dy. Speaker and  Reprieve : Stay in the execution
Dy. Chairman. of sentence for a
 Nominates 12 members to RS and 2 to temporary Period.
LS (Removed under 104th CAA 2020).  Only President have pardoning power
 Decides on disqualification of MP’s on death penalty, court Martial and
under Art 102 and Representation of crimes committed on union laws. (not
people’s act in consultation with EC. Governor)
 Gives permission to Introduces Money  SC Guidelines: Convict can’t demand
bills. for oral hearing aid and advice of
 Considers state bills reserved by council of ministers is necessary not
governor. subjected Judicial review except
 Ordinance making power (Article 123). Presidential decision is arbitrary,
 Reports of CAG, EC, UPSC etc., are malafide or discriminatory.
submitted to Parliament by him.
Diplomatic Powers
Financial Powers:  International treaties are made in the
 Money bills are introduced with prior name of President.
recommendation of President of India.
 President Constitute Finance
commission.

Military Powers  Can be promulgated only when both

 Supreme commander of defence forces house or when either of the two houses
of India, can declare war/ Peace. are not in session.
 Appoints Chiefs of Army, Navy & Air  Shall be submitted before the
force. parliament within 6 weeks after
 Emergency Powers–Discussed in reassembly with a statement explaining
emergency provisions (Refer Annexure- circumstances that led to ordinance. (If
I) houses are assembled at different
dates, later dates are considered)
Veto Powers  Maximum life- 6 months and 6 week.
Absolute Withhold for state bills, An ordinance will expire after 6 weeks
Veto Private member bills. once both the houses of parliament are
 President can send a in houses in case of non approval.
bill for reconsideration  Can’t be issued to amend Constitution.
Suspensive of parliament only once.  If parliament do not approve, actions
Veto  Not available for Money taken under ordinances do not nullify.
bills and Amendment
bills. Judgements of Supreme Court:
Pocket Veto No action (No time limit)  Coopers Case: Ordinance power of
President is subjected to Judicial review
 No Qualified Veto for President of on malafide grounds.
India. (But exists president of USA)  DC Wadhwa Case: Ordinance power is
 For Money bill President can ratify or not a substitute for the legislative
reject but can not be returned. power.
 No Veto power on constitutional  Re promulgation of Ordinances is the
Amendment bills (24th CAA 1971) violation of constitution and can be
stuck down.
Presidential Veto over State Legislation:
 Governor under Art 200 reserves Constitutional Position of the President:
certain bills for President consideration.  Art 53 – Executive power of Union is
State legislature cannot override with President
suspensive veto power of the President.  Art 74 – Aid and advice of council of
ministers shall be available.
Ordinance:  Art 75(3) – Collective responsibility of
 Art 123, co extensive with legislative Council of Ministers to Lok Sabha.
power of union. But, can’t amend  Art 78 – PM shall give information on
constitution. laws, policies to President of India.
 To deal with unforeseen emergencies. President can call for any information
 Can be applied from retrospective date from government. President can submit
(civil, tax laws not criminal laws) a Ministers decision to consideration of
Council of Ministers.

Discretionary Powers: Deputy chairman performs the duty of

 President doesn’t enjoy constitutional chairman.
discretionary power as he is bound by o Can be removed by a resolution of RS
42nd CA and 44th CA acts. with effective Majority and approved by
 However he enjoys situational LS (14 days notice should be given)
discretion power in following cases :  Election Disputes: SC decides all
 To appoint the PM in case of Hung election disputes of President and Vice
Parliament president.
 To dissolve Lok Sabha or to call for an  Emoluments: decided by parliament.
alternative after passage of No  Like Indian Vice president American VP
confidence motion in LS also chairs the senate.
 To send a bill for reconsideration (44th  In case of death, illness of President of
CAA 1978) USA, Vice president takes office for the
 Dismissal of Council of Ministers if No rest of the term. (it is not the case in
confidence Motion is passed and India)
Council of Ministers do not resign.  Scholars call him ‘His Superfluous
 To ensure that 6months do not lapse Highness’
between two sessions of parliament.
Prime Minister:
Vice President:  Head of the government. Council of
 Ex officio chairman of RS. Receives ministers are appointed and removed
salary and emoluments as so. by the President on recommendation of
 Qualifications: 35 years, citizen of PM.
India, shall be eligible to be a member  On his resignation, government
of RS, shall not hold office of profit. collapses.
 Election: Elected by all the members of  Oath – allegiance to constitution,
the Parliament (both elected and protection of sovereignty, faithful
nominated) discharge, to do right to all, secrecy.
o 20 electors are proposers and 20 are  Salary and allowances – Parliament
seconders. decides ( As of now, PM, CoM has same
o Election system – proportional salaries like MPs)
representation by Single transferable  Leader of the house in which he is a
vote. member and nominates leader of other
 Oath or Affirmation: faith and house.
allegiance to constitution and faithful  Advice president: Summoning
discharge of duties. ,proroguing parliament session,
 Term of Office: 5 years, eligible for re- dissolution of LS, Imp member
election appointment
 Administered by President or some
person appointed in that behalf by him.
 Vacancy in Office: No substitute
mentioned in constitution. In RS,

Other Functions as a Chairman  Article 75(3) – collective responsibility

 NITI Aayog, (Executive Body) to Lok Sabha
 Indian Board of wildlife (statutory – wild
Individually, a minster holds office during
life protection act 1972)
pleasure of President (PM indeed
 National Ganga river Basin authority –
recommends for removal)
statutory body under Environmental
o Article 74 – aid and advice of Council
Protection act 1986.
of minster shall available to President.
 National commission on Population :
He can send it for reconsideration only
Executive body
once.
 Nuclear command authority
 National disaster management Advice rendered by Council of Ministers
authority cannot be enquired by any court.
 Interstate council  In India minister do not countersign an
 National integration council order of President. (In UK, minister has
 CSIR to countersign the order of queen)
 Department of space, atomic energy,  The word cabinet is mentioned only in
DoPT art 352 (after 44CAA)
 Cabinet committee on appointments,  Oath and salary – Like PM.
economic affairs and political affairs.  Oath is administered by President,
 National development council. appointed by President on the advice of
 National water resource council. PM.
Council of Ministers 15B. State Executive

 Three types – Cabinet, ministers of Governor
state (MOS), Deputy Ministers.  Qualifications: 35+ years, Citizen of
 Others – parliamentary secy. They are India
not an exemption to Office of Profit.  Chief Executive Head of State
 Cabinet ministers can attend cabinet  Appointed by the President by warrant
meetings without any invitation they under his hand and seal.
will be in charge of important portfolios.  Even though he holds office for 5years
 MOS would be in charge of small there is no security of term or tenure as
ministries or department and only on he is subject to pleasure of President.
invitation they attend cabinet meetings.  Governor of State is not an employment
 Dy ministers will be given In charge of under Central Government.
departments or assist cabinet ministers  7th CAA 1956: A person can act as
in discharging their duties. Governor for two or more states, state
and an union territory.
Size of council of Ministers:  While administering union territory he
 91stAA 2003 – shall not be more than shall act as agent of the President.
15% of total strength of LS ( including  As governor of the state he shall be
PM) Constitution Head.
 A man disqualified to be an MP is also
disqualified to be a minister.

Conventions: one case it is obligatory i.e., if a bill

 Chief Minister of the State is consulted endangers position of high court.
before appointment of Governor.  Recommendation for imposition of
 Outsider is appointed as a Governor. President Rule.
 Additional In charge of adjoining UT.
Powers of Governor  Seeking information from CM.
As like President he enjoys,

Special Responsibilities:
 Executive powers: appoints state State Responsibility
election commissioner, acts as the Developmental Board,
chancellor of universities, imposition of Maharastra Vidarbha and
constitutional emergency) Marathwada
 Legislative powers: Nominates 1/6th Development Boards
Gujarat
members State Legislative Council, 1 Sourastra and Kautch
member of Anglo Indian community to Law and Order in Naga
Nagaland
assembly (Removed under 104th CAA Hills, Tuensang Area
2020). Administration of Tribal
Assam
Areas
 Financial powers: Laid budget before
Administration of Hill
state legislature, Prior recommendation Manipur
Areas
for Money Bill and Demand for grants, Social and Economic
Make advances out of Contingency, Sikkim
Advancement
Constitute SFC. Arunachal Pradesh Law and Order
 Judicial Powers: Pardon, reprive, Development of
respites & remission, commute(state Hyderabad, Karnataka
Karnataka
extend ), Appoint judges of HC, District Region (Renamed as
judge, person to judicial service of Kalyan Karnataka).
state.
 Article 163 explicitly states that Chief Minister of Council of Ministers of
Governor can act under in his State
discretion in exercise of his functions.  Similar to Union
Whether any matter falls in Governor  Special Status of Jammu & Kashmir
Discretion or not shall be decided by  Article 370- Revoked in 2019.now J & K
the Governor himself. It cannot be as a Union Territory
questioned in Court of Law.  Article 371 - Special provisions to
 The 42nd CAA, 1976: ministerial some states:
advice binding on President. No such Article State Special Provisions for
provision exists for Governor. Developmental Boards
for Vidarbha and
Maratwada and rest of
Governor shall enjoy constitutional
371 Maharastra Maharastra, separate
discretion in following cases,
development boards for
 Article 200 : Governor can reserve any Vidarbha, Maratwada
bill for consideration of President. In and rest of the

Maharastra post in the state.

Separate Developmental -371E – Central
Boards for Sourastra, University in
Kautch and other rest Andhra Pradesh
371 Gujarat
of the Gujarat. Representation: 30
Equitable distribution of members legislative
opportunities and funds assembly, one loksabha
Parliamentary laws do seat -Reservations for
not apply on matters of 371F different sections.
religious social (36thCA Sikkim -Governor has special
practices, A) responsibility for
administration of civil equitable social and
and criminal justice. economic advancement
Ownership and transfer of different sections of
of land. Customary laws Sikkim population.
and procedures. Identity: Parliament
371A Nagaland
-Law & Order: laws do not apply for
Governor has special socio religious
responsibilities for practices, customary
peace in Tuensang law and procedures,
region 371G Mizoram administration of civil
-Governor shall and criminal justice,
constitute a regional transfer of land.
council for Tuensang Representation: Mizo
district Assembly shall have
Representation: minimum 40 members
President can create a Governor has special
committee of the Assam Responsibilities for Law
Legislative Assembly and Order.
371B Assam Arunachal
consisting of member 371H Representation:
Pradesh
selected from Tribal Assembly shall have
Areas. (Like Tribal minimum of 30
Advisory Council). members.
President can create a Representation:
committee of legislative Assembly shall have
371I Goa
371C Manipur assembly consisting of minimum of 30
members from hill areas members.
of state. Special Provisions for
Equal opportunities for Development:
Andhra, Telangana and
371J Karnataka
Rayalaseema Regions. Development Board for
Andhra -Local Area Hyderabad Region
371D
Pradesh, Reservations can be (98thCAA)
371E
Telangana created in Education
and Employment.
-Special Administrative
Tribunal for Civil

Special Powers of Rajya Sabha:

16. Legislature  Signifies the federal structure
 Can authorise Parliament to make a
16A. Parliament law on state list (Article 249).
 Parts- LS, RS, President  Create new All-India Services (Article
 Legislative organ of union government 312)
 ‘Westminister’ model of Government  Article 67 – A resolution for the removal
Vice President of India can be
Rajyasabha: introduced only in Rajya sabha and
 Upper house, council of states shall be agreed by Loksabha
 Permanent House.  Can approve emergency if Lok sabha is
 Total 250 members- 238 members from dissolved.
states & UTs and 12 members  Checks defective legislation made by
nominated by the president from Lok Sabha
literature, Arts, Science and Social
service. LokSabha:
 Presently - 245 members  Representation of states: Directly
 Eligibility : 30 years, citizen of India, elected first pass the post system.
No office of profit  Representation of UTs: Parliament by
 Elections System:Proportional law provides Union Territories are
representation by single transferable represented (Union Territories direct
vote elections to the house of people act,
 Allocation of seats to the states is based 1965)
on the population.  Max strength 552 = 530 from states,
 Representation of states: Elected by 20 from UTs and 2 nominated by the
MLA’s of the states. president from the Anglo-Indian
 Representation of UTs - Electroral community (Removed by 104th CAA
College specifically constituted for this 2020).
purpose on two union territories Delhi,  Presently- 545 members
Puducherry have representation.  Eligibility: 25 yrs, citizen of India, No
 Fourth Schedule - allocation of seats office of profit
in the RS to the states and UTs  Term is 5 yrs & can’t be changed in
 One-third of its members retire every court of law
second year  President is authorised to dissolve the
 Eligible for re-election Lok Sabha at any time.
 Tenure of the MP (6 years) can be  Speaker is the head of the Lok Sabha.
changed by (Representation of the  Age of the Voter – 18 Years (21 to 18
people Act, 1951) the Parliament. by 61stCAA)
 Presiding officer of the Rajya Sabha is
known as the Chairman (Vice Qualification to contest –
president)  should be register voter in any
constituency in LokSabha

 Age 25 years, citizen of India. ‘Leader of the Opposition:

 SC, ST Reservation exists. Any person  Loksabha + Rajyasabha (The leader of
belong to SC, ST from any part of India the largest Opposition party having not
from reserved constituency in any less than one-tenth seats of the total
state. strength of the House is recognised as
the leader of the Opposition in that
Territorial Constituencies House)
 Delimitation commission, Inter State  Not mentioned in constitution.
and Intra state parity is maintained  Has given the Statutory status through
based on population. the salary and allowance of the
 Allocation to states and boundaries of opposition and parliament act, 1977.
constituencies are re-adjusted after  Has to be recognized by the speaker in
every census. (42ndCAA) freezed it upto Loksabha, Chairman in Rajyasabha as
2000, 84th amendment freezed it upto a Leader of Opposition (LOP).
2026)  Equivalent to rank of Cabinet Minister.
 87th CAA allowed for delimitation of  Britain – Shadow cabinet (Leader of
constituencies on the basis of 2001 Opposition is called as alternative
census. Prime Minister in UK). USA – Minority
leader.
Special Powers of Lok Sabha:
 Introduction of money bill WHIP:
 Passing of No confidence, censure,  Assistant floor leader
adjournment and cut motion  Appointed by political party
 Joint Sitting is chaired by speaker of  Not mentioned in Constitution nor in
Lok sabha the Rules of the House nor in a
 Speaker of Lok Sabha decides on Parliamentary Statute.
money bill  It is based on the conventions of the
 Discontinuance of national emergency parliamentary government.
can be done only by Loksabha
 Leader of the House (In USA Majority Presiding Officers
Leader) – PM (if he is a member of the
Lok Sabha, if not any minister
Lok Sabha Speaker
nominated by PM) –
 Elected by Lok Sabha from amongst its
 Not mentioned in constitution.
members
 Prime Minister is leader of the house
 Shall be a member of Lok sabha at the
from the house he comes from. He
time of election
nominates the leader of the house for
 Date of election is fixed by the
other house.
president.
 Not mentioned in the constitutions
 Equivalent to CJI(above cabinet
(Rules of the House)
ministers but below Prime Minister and
Deputy Prime Minister)

 Need not resign from his party (if he  Preside only on absence of Speaker and
resigns not disqualified under anti Deputy speaker not when vacant.
defection law).
 Removal: He can be removed by the Speaker pro tem: presides over first
house by effective majority at 14 days sitting of newly elected Lok sabh
advance notice.  Appointed by President of India.
 Can participate and vote in the  Usually, the senior most member is
proceedings of his removal. selected.
 If he resigns, the resignation is  Oath by- President
submitted to Deputy Speaker.  Has all the powers of the Speaker.
 Even after Loksabha dissolution he/she  Mentioned in constitution
is continues in office till new Loksabha  Ceases is to exist after speaker is
meets. elected (temporary office)
 Atleast 50 members has to supported to  His main duty is to administer oath to
admit the motion of removal. the new members.
Lok Sabha Deputy Speaker: Origin of Offices:

 Elected from amongst from the  Came into existence as per the
members election date is fixed by provisions of the Govt. Of India Act.
speaker 1919.
 Whenever appointed as member of a  Fredrick White: first Speaker
parliamentary Committee, he Sachidananda Sinha: first Deputy
automatically becomes its chairman Speaker of Central Legislative
 Removed as like Speaker of Loksabha, Assembly.
 Votes like MP Loksabha when he is not  Vittalbhai Patel: first elected India
presiding, when he presides exercises speaker of central legislative assembly.
casting vote.  G.B. Mavalankar and Anantha
 Not subordinate to speaker Sayanam Iyyengar were First speaker
 Directly responsible to house. and Deputy Speaker after
 Salary and allowances are charged to independence.
consolidated fund of India (Speaker and
Powers and functions of Speaker:
Deputy Speaker)
 Derives powers from constitution,
 Submits resignation to Speaker
conventions, rules of procedures of Lok
Panel of Chairpersons of Lok sabha: sabha.
 Maximum 10 members - nominated by  Guardian of Powers, privileges of
the speaker from amongst the member members, house and its committees.
(not president).  Maintains order and decorum in house
 Presides when Speaker and Deputy can disqualify an MP under defection
Speaker are not available, not law, presides joint sitting, enjoy casting
subordinate to Speaker and Deputy vote.
Speaker responsible to the house.

 Conducts special session of Loksabha  Prorogation-not only terminates a

to revoke emergency. sitting but also a session of the House-
 Certifies a bill as a money bill, his Done by President, if lapses all pending
decision is final. notices not bills. (In UK bills also lapse)
 Can allow the secret sitting of the  Quorum:
house (Only Leader of the house can  Minimum number of members
request) required to be present in the
 Chairman of Business Advisory House before it can transact any
committee, Rules committee and business.
General purpose committee.  1/10th of the total number of
 Decides on disqualification of members members in each House including
of Loksabha on grounds of defection the presiding officer
 Presides over joint sitting.  Lame-duck Session: Last session of
the existing Lok Sabha, after a new Lok
Presiding Officers of Rajya Sabha: Sabha has been elected.
 Chairman – Vice President  Dissolution: Done by the President
 Deputy Chairman – Elected from its (after 5 years Loksabha automatically
members dissolved. or after passage of no
 Panel of Vice Chairpersons – Nominated confidence motion) (Rajyasabha is never
by Chairman, there is no pro tem dissolved)
Chairman.  Dissolution of LS and lapse of the
 Other Points same as Speaker and bills
Deputy Speaker  All pending bills originated in
loksabha, present in Loksabha, lapses
Sessions of Parliament (certain bills that are to be examined
 Normally 3 sessions: Budget, Monsoon, committee on government
Winter assurances do not lapse).
 House between sessions is set to be in  A bill originated and pending in
recess. Rajyasabha or a bill passed by both
 The maximum gap between two houses and pending with President
sessions shall not be more than 6 do not lapse.
months.  A bill sent for reconsideration by
 Summoning-president summons RS president do not lapse.
and LS to meet (should meet at least
twice a year) Devices of Parliamentary proceedings
 Adjournment- suspends the work in a Question Hour - First hour of every
sitting for a specified time, which may parliamentary sitting, questions are of three
be hours, days or weeks—Done by kinds, namely:
presiding officer.
 Adjournment sine die-terminating a Oral answer, supplementary
Starred
sitting of Parliament for an indefinite questions
period done by presiding officer. Written answer, written
Unstarred
answers, no supplementary

questions  Indian innovation

Short Notice of less than ten days -  mentioned in rules of
Notice answered orally procedures.
 Matter of urgent public
Zero Hour: importance
 Informal device, not mentioned in the  interrupts the normal
Rules of Procedure business of the House
 needs support of 50
 starts immediately after the question
members allowed only in
hour and lasts until the agenda for the
Adjournme Loksabha
day
nt Motion  shall be raised on a
 Indian innovation
definite, factual, urgent,
 no prior notice is required to raise specific matter of recent
issues. occurrence.
 Shall not deal with
Motions: privileges matters in court
 No discussion on a matter of general or review
public. Importance can take place  Against entire council of
except on a motion made with the ministers
consent of the presiding officer.  no reason is necessary can
No-
be introduced by any
Confidence
Nature of Motions: member article 75(3)
Motion
 Substantive Motion - Self-contained  If it is passed government
motion. shall resign – allowed only
 Substitute Motion-It’s substitute to in Loksabha
change the existing motion.  Against individual or
 Subsidiary motion: To add on to the group of ministers
existing motion.  reasons need to be stated
Censure  council of ministers need
Types of Motion: Motion not resign
To cut short the debate  passing of this motion can
Closure (simple closure, closure by invite no confidence
Motion compartmental, kangaroo motion
closure, guillotine closures)  To thank president of
 Moved by a member when India for his address to
he feels that a minister the parliament
Privilege  First session after each
has committed a breach of
Motion general election and the
privilege of the House / Motion of
members. first session of every
Thanks
 To a matter of urgent fiscal year is addressed
Calling public importance and to by the President
Attention seek authoritative  Policies and programs
Motion statement from the and performance of the
minister. government are

presented to the house General Discussions, given for select

by the president committee (discretion of the
 If motion is not passed it government), Amendment are passed3.
leads to defeat of the Final Acceptance &rejection
& of the bill
government. through voting.
 Interpretation
nterpretation or  Dead Lock:: Joint sitting provision
enforcement of the rules of available in case of deadlock
the house  After president assent bill become act-
 a device to discipline in
RS and LS equal powers with regard to
orderly to the house
an ordinary bill.
 No debate is allowed
 usually raised by an
Point of
opposition member in
Order
order to control the
government.
 Raised when proceedings
of the house don’t follow
the normal rules and
procedure.
Short No voting takes place. No

duration formal motion exists in the
discussions house
Bills in the House:

Character Public Bills Private Bills
Other than
Introduction By Minister
Minister  Joint Sitting (Article 108):
108) Presided
Notice
7 days 30 days by Speaker, Deputy Speaker, Deputy
Period
Chairman of Rajya Sabha in order,
Concern
passed by simple majority of joint
Assistance Department No Assistance
sitting.
Assistance
 Loksabha can dominate due to its
Discussion Alternate
Any Day numbers.
in the house Fridays
Absolute Do not exists
 Governed by rules and proceedings of
Exists Loksabha
Veto for president
Money Bills:
ills: Article 110
Ordinary Bill:  The imposition, abolition, remission,
 Introduction: in either House of alteration or regulation of any tax.
Parliament- by a minister or by any  Borrowing of money by the union
other member government
 Go through three readings 1. Bill  Custody of the consolidated fund fun or
Published in the official gazette 2. contingency fund of India.

 Declaration of an expenditure charged  can be introduced in Loksabha with

on the consolidated fund of India. prior recommendation of President,
 Taxes – Imposition, abolition, regulation  Other provisions like ordinary bill.
of any tax
 Receipt of money on account of Article 117(2)
consolidated fund of India or the public  Contains provision involving
accounts of India, custody or issue of expenditure from consolidation fund of
such money. India
 Doesn’t
oesn’t include any matters mentioned
under article 110.
 Similar
imilar to money bill, except that it
can’t be passed unless President has
recommended.
Annual Financial Statement (Budget)

(
Article 112 of the Constitution
Matters that are not money bill

bill:
 Fines &penalties, taxes of local
government, service fees.
 Speakers decisions is final on money
bill and cannot be questioned at any
court of law.
 President cannot send money bills for
reconsideration.
 Introduced only in Loksabha.
 Prior permission of president is Grant or Budget Why?
required. When amount granted for a
Supplementary
 Rajyasabha have limited role (should grant
particular services is found
return in 14 days, Loksabha may or to be insufficient.
may not accept recommendations of Additional expenditure
Additional grant
upon new service
Rajyasabha)
When money has been
Excess grant spent in excess of the
Financial Bills: (Article 117):
amount granted.
 Article 117(1) A bill that contains To make appropriation from
 matters of Articles 110 and other Token Grant
one service to other
matters of general legislation To meet an unexpected
Vote on Credit
demand

Budget for less than an s of by govt (other

Vote on account India than that goes to
year
consolidated
fund) Ex: PF,
Appropriation Bill: Post Office
 The budget consists of two types of Savings etc,
President(Fi
expenditure
To meet nance
 The expenditure ‘charged’ upon the emergency secretary
Conting
Consolidated Fund of India (NON ency 267
expenditure handles
VOTABLE) and The expenditure ‘made’ fund size is it)Post
Fund
determined by expenditure
from the Consolidated Fund of the parliament. parliament
India.(VOTED) approves it.
 Finance Bill: It consists of revenues
(taxes of the government) Parliamentary Privileges: (Article 105)
 Acworth committee recommended for  They are special rights, immunities and
separation of railway budget in 1921. exceptions enjoyed by both houses,
(Now clubbed together, introduced on committees and members.
the first day of February)  Secure independence, autonomy and
 President is responsible to lay the dignity of houses.
budget before the parliament, no money  They are not codified, enforced by
can be withdrawn from consolidated presiding officer.
fund of India without appropriation law.  These are available to Attorney General,
 No tax can be laid without finance law. Union Ministers extend to Parliament
 Parliament cannot raise the demand for Committees too.
grants or taxes imposed it can decrease  It talks about only two privileges (1.
it. Freedom of Speech, 2. Right to Publish)
 Demands for grants are voted only in and other privileges are stated those
Loksabha, cut motions can be are British house of commerce.
introduced only in Loksabha.  Does not extend to President.
 Charged expenditure can be discussed
but cannot be voted. Collective Privileges:
 Charged expenditure on consolidated  To publish that reports and debates
fund of India. (See the Annexure-I). and prohibiting others from publishing.
 It can regulate its proceedings,
Funds: procedure, conduct of business
Name
 It can punish people to breach of
of the Article Purpose Custody
fund privileges
Revenues (Tax &  No legal process can be served without
Non Tax) the permission presiding officer
Consoli
dated 266
Treasury Bills,
Parliament  Right to receive immediate information
fund
ways and means of arrest/ detention of its member
advances
 Courts are prohibited to inquire.
Public All other public
266 Executive
Account money received

Individual Privileges: Various types of bills- See Annexure – III:

 Can’t be arrested during the session
and 40 days before and after the Charged expenditure on consolidated
session (only in civil cases) fund of India
 Exempted from jury service.  Emoluments, Allowances and office
 Freedom of speech, no member is liable expenditure of President of India.
to any court.  Chairman, Deputy Chairman of Rajya
Sabha. Speaker, Deputy Speaker of Lok
Parliamentary Committees: Annexure-I Sabha salaries and allowances.
Departmental standing committees:  Judges - (Supreme Court Judges
Annexure-I salaries, allowances and pensions)
 High Court Judges (Only Pensions –
Parliamentary Forums:
Salaries are charged to consolidated
 Provide a platform to the members to
fund of the state)
have interactions with the ministers
 CAG, UPSC Chairman salaries,
concerned, experts and key officials
allowances and pensions.
from the nodal ministries
 Administrative expenditure of Supreme
 The Speaker of Lok Sabha is the ex-
Court, UPSC, CAG
officio President of all the Forums
 Debt charges of the government.
except the Parliamentary Forum on
 Any expenditure declared as charged by
Population and Public Health - The
the parliament
Chairman of Rajya Sabha is the ex-
officio President and the Speaker is the Not Charged Expenditure:
ex-officio Co-President.
 Election Commission
 Each forum consist of 31 members (not
 High Court expenditure and salaries of
more than 21 are from LS and not more
judges charged to consolidated fund of
than 10 are from RS) state
 Members are nominated by speaker
 Term- co-terminates with membership. 16B. State Legislature
 Composition: Governor, Assembly,
Disqualification of MPs-See Annexure–II Council (in some states)
Vacation of Seats: Legislative Assembly:

Representation of Peoples Act  Maximum strength – 500, Minimum –
 Member elected for both houses of 60, [(Arunachal Pradesh, Sikkim, Goa
Union parliament shall intimate one of Minimum Number is 30, Mizoram – 40,
house within 10 days. If not seat in Nagaland – 46)
Rajyasabha becomes vacant.  1 member can be nominated by
 If a person elected as the MP and MLA Governor from Anglo Indian
his seat in parliament becomes vacant, Community
if no decision made within 14 days.  Directly elected, universal adult
franchise

 Territorial constituencies, Readjusted (Article 168) through an Ordinary Bill

after every census in Loksabha
 Seats are reserved for SC’s and ST’s in
proportionate
ortionate to their population Chairman of Council:
 Elected by members
memb of Legislative
Legislative Council: Council (there is no deputy Chairman
 Minimum 40, Maximum 1/3 of the size at state level)
of Legislative Assembly
 5/6 are elected, 1/6 are nominated by Ordinary Bill:
the Governor from the fields of Art,  State Legislative Council do not have
Literature, Cooperative movement
movement, powers equivalent to Rajyasabha
Science and Social Services.  Legislative Council can maximum delay
 Elected Members- 1/3rd by Local an ordinary bill for 4 months.
bodies, 1/12 teacher constituencies,  Governor can reserve the bills bill for the
1/12 graduate constituencies, 1/3rd consideration of the president of India
MLAs (Both Elected & Nominated) (Article 200).
 Selected through Proportional  Bill
ill reserved for President : can send it
representation by means if single for reconsideration it has to
transferable vote. reconsidered within 6 months, not
 Legislative Council can be created o or binding on the president after
abolished by parliament with reconsideration.
recommendations of Legislative  The bill that damages the position of
Assembly. high court shall always be reserved by
 5/6th are elected, 1/6th are nominated governor.
by the Governor from the fields of Art,  Governor also reserves a bill 1) Ultra
Literature, Cooperative movement
movement, Wires provisions of the constitution 2)
Science and Social Services. Opposite to the DPSP 3)Larger interest
 Elected Members- 1/3rd by Local of the Country 4)Grave national
bodies, 1/12
/12 teacher constituencies, importance 5)Delink with compulsory
1/12 graduate constituencies, 1/3rd acquisition of the property
p under Article
MLAs (Both Elected & Nominated) 31(A) of the constitution.
 Selected through proportional
representation by means if single
transferable vote.
 Legislative Council can be created or
abolished by parliament with
recommendations of Legislative
Assembly.
 Parliament has to pass the bill with
simple majority.
 Legislative assembly has to recommend
for the same with special majority

Money Bill:  Enlargement of Jurisdiction of State

 Same as Parliament Public Service Commission.
 Privileges same as Union Parliament
Status of Legislative Council:  Disqualification of MLAs same as Union
 Powers equal with Assembly 1) Parliament
Ordinary Bill can be introduced 2) Note: There is no joint sitting in case of
Approval of ordinances 3) Ministers can dead lock.Constitutional amendment
come from either of the house cannot be introduced in state
 Consideration of the reports of legislature.
constitutional bodies CAG, Finance  Speaker of assembly – same as speaker
Commission, State Public Service of LS
Commission etc.,  Sessions of state legislature – same as
Parliament
Annexure–I: Parliamentary Committees

Departmental
Committee on
Estimates Public Accounts Standing
Criteria Public Sector
Committee Committee Committees (Total
Undertakings
24-LS-16, RS-8)
Under Govt. of India Krishna
1950 on
Act, 1919. Menon Rules committees of
Origin recommendations of
committee Loksabha 1993
John Mathay.
Set up first in 1921. 1964
22 (15 from
Loksabha 7 from
Rajya Sabha). Elected 31 members
30 members all
for one year through Same as PAC (21 from Loksabha
from Loksabha.
proportional
Elected for one year
representation by Chairman is 10 from Rajyasabha)
Composition by proportional
single transferable always from
representation
vote. Loksabh Nominated by
through single
Term – 1 year, respective presiding
transferable vote.
Chairman is normally officers.
from Opposition(by
convention)
To examine To examine bills,
reports and demands of grants
accounts of and other matters
To Examine the To examine CAG public sector recommended to
budget suggests Audit report and undertakings. them.
Function
economies of public discover the It does not
expenditure. irregularities. involve with Ensure financial
day to day accountability of
affairs of executives of the
PSUs. parliament.

Available, CAG is the

Supportive
No friend, philosopher No No
Officer
guide for the PAC.
Yes, it can suggest
Involvement alternative policy to
No No No
in Policy bring economy of
expenditure.
Annexure–II Disqualification of MP’s

Source Grounds Authority
President of India in
Office of Profit, unsound mind (to be declared by the
Constitution of consultation with
court)Undischarged insolvent, acquires foreign
India (Art 102) Election commission of
Citizenship`
India.
Representation of
Corruption/Electoral Offenses/ Social crimes such as consultation with
Peoples act (RPA),
Untouchability etc/ Conviction for more than 2 years Election Commission of
1951
India.
Member of Registered Political Party: resigns /
Joins in any other political Party, violates the WHIP
that is not cordoned by the party within 15 days.
Defection (52nd AA Nominated Member: if he joins any Political party

– 10th Schedule after 6 months. Presiding Officer
Anti defection law
Independent Members: if he joins in any political
party (6 months not applicable). Exceptions:
Speaker, Merger (2/3 of the Members goes out of the
party and Joins other Party.
Absence for 60 days without permission can be
Absence from the Consultation with
disqualified (prorogued or is adjourned for 4
house Election commission of
consecutive days shall not be taken into account)
India.
Annexure – III: Comparison Of Various Bills

Constitution
Ordinary Finance Finance Bill
Objective Money Bill Amendment
Bill Bill I II
Bill
Introduced
LS/RS LS Only LS Only LS /RS LS+RS
house
Minister/ Private Only by
Introduced by Public Public/Private Public/Private
member Minister
Prior permission No Yes Yes No No
Majority simple simple simple simple special

Duration 6 months 14 days 6months 6months -
Joint Sitting Yes No Yes Yes No
Status LS=RS LS>>RS LS=RS LS=RS LS=RS
Accept,
Accept,
Accept, Reject, Reject Accept, Must give
President can Reject,
Return Reject, Return assent
Return
Not return
Recommendation Not
Required Required No Not required
of President Required
17. Judiciary
17A. Supreme Court
Part V of constitution Articles from 124

to 147.
 Succeeded the Federal Court of India,
(established under the Government of
India Act of 1935).
 Seat of Supreme Court, New Delhi
 Regional Benches can be established by Qualifications:
CJI with the approval of President.  One chief justice and thirty two other
 Independent and Integrated judiciary: judges (parliament can determine the
single system of court enforc
enforces both strength)
central and state laws.  He should be a citizen of India.
 Supreme Court can decide it’s own  He should have been a judge of a High
procedure with approval of President. Court (or high courts in succession) for
five years; or (b) He should have been
Appointment of Judges: an advocate of a High Court (or High
 CJI is appointed by President of India. Courts in succession) for ten years; or
 Appointment of other judges : by (c) He should be a distinguished jurist
president after consultation with the in the opinion of the president. (No
chief justice and such other judges of minimum age, tenure is prescribed)
the Supreme Court and the High Court  He holds office until he attains the age
as he deems necessary. of 65 years.
 Total judges including CJI is 33.  Question on Age determined by
 Post invalidation of NJAC, collegium parliament.
system is followed for appointment of
judges.

Removal: Exception to Original Jurisdiction:

 Pre constitutional treaty
agreement etc.,
 Inter State River water disputes
 Finance Commission Matters
 Commercial Disputes
 Recovery of Damages by a State
against the Centre.
2. Writ Jurisdiction: (See FRs Chapter)

3. Special Leave Petition:
 Discretion of the Supreme Court,
Adhoc Judge:
it is on any matter and it can be
 To meet the quorum of the judges,
given to any court/tribunal except
 Appointed by Chief Justice of India
military and court martial.
 Judge of High Court qualified to be a
 Discretionary
ionary power to be used
Supreme Court Judge can be appointed
exceptional case. can be issued for
as a Adhoc Judge.
final interlocutory/final.
 May be related to any matter- matter
Retired Judges:
constitutional, civil, criminal,
 To meet increased work load appointed
income tax etc,
by CJI after consent of President of
4. Appellate Jurisdiction:
India in consultation with president of
 Civil Matters:
Matters any substantial
India.
question of law, any question to
Jurisdiction of Supreme Court be decided by the Supreme Court.
 Criminal Matters
Matters: Death
Punishment, Life Imprisonment
given by high court by reversing
the judgement of lower court. High
Court certifies a case of fit for
Supreme Court hearing.
 Constitution Matters:
Matters appeal can
be made to SC against the
judgement of HC
5. Court of Record:
1. Original jurisdiction- broadly include  Supreme Court Judgement
any disputes between: proceedings or can be used as a
 The centre and on or more states evidences in lower courts.
 Between two or more states.  Contempt Powers includes,
includes
 Centre and any state on one side  Civil Contempt: for wilful
and one are more on the other disobedience of any judgement or
side. order.

 Criminal Contempt: For Appointment of Judges:

scandalizing
alizing court interfering with  Chief Justice of High Court is appointed
the administrative justice, judicial by president after consultation with CJI
proceedings. and Governor.
Independence of Supreme Court:

 Appointment by Collegium.
 Expenditure of Court and Judges
is charged from consolidated fund
of India.
 Judges and their conduct cannot
be discussed except during the
removal.
 Supreme Courtourt judges are barred Qualifications:
from practice after the retirement  Should
hould be a citizen of India.
(High court Judges can practice)  Judicial Office should have
hav held judicial
 Supreme Court can appoints it’s office in India for 10 years or an
own staff. advocate in the high court for 10 years.
 Parliament cannot curtail  No minimum age, maximum tenure, he
jurisdiction of Supreme Court but retires at 62, any question of age can be
can extend it. settled by the President (In Supreme
 Security
ecurity of tenure for judges. Court it is Parliament)
 He can practice after retirement
ret in
17B. High Court Supreme Court and other High Courts.
 Part VI of constitution Articles from 214 Removal of Judges
to 231.  Same as Supreme Court
 The institution of high court originated Salaries and Allowances
in India in 1862 when the high courts  Salaries are charged on consolidated
were set up at Calcutta, Bombay and fund of state, pensions are charged on
Madras. consolidated fund of India.
 Judiciary in a state consists of High  Salaries and allowances are determined
Court and Subordinate Courts. from time to time by parliament.
 Single High Court can exists for two or Acting Chief Justice
more states.  Appointed by President to meet
 Parliament can extend or exclude the increased work load (maximum for 2
jurisdiction of High Court to a union years)
territory. Additional & Acting Judge
 Independence of High Court same as  Acting judge is appointed by the
Supreme Court. President due to absence of permanent
 The strength of the High Court judge of that High Court.
determined by the President. (Supreme  He holdsds office till permanent judge
Court by Parliament). returns.

 The President can appoint an additional  Any death sentence given by

judge for high court when there is district court shall be confirmed
temporary increase in the by High Court.
business/arrears of work in the high 4. Supervisory Jurisdiction
court.  High Court Supervises and
 Retired Judges controls sub ordinate codes. (do
 Can be appointed by the Chief Justice not exists for Supreme Court)
of High Court with previous consent of  Any matter adjudged by tribunal
President and also person to be can be appealed to High Court.
appointed. (No direct appeal to Supreme
 They get salaries, allowances as Court)
determined by the President. 5. Control over Subordinate Courts
 He is not deemed to be Judge of High  High court deals with matter of
Court. promotion, transfer, discipline of
Judicial members of subordinate
Jurisdiction of the High Court
courts.
1. Original Jurisdiction
6. A court of Record:
 Disputes relating to admirality,
 Judgements are recorded for
will, marriage
perpetual memory.
 Disputes relating to elections of
 Power to punish for Contempt of
members of parliament and state
court
legislatures
 Enforcement of Fundamental High Courts sitting outside the State
rights Capitals
2. Writ Jurisdiction Chattisgarh – Bilaspur
Gujarat – Ahmedabad
 Writ Jurisdiction of High Court
Assam and North East – Guwahati
and Supreme Court are
Jharkhand – Ranchi
concurrent with each other.
Kerala – Ernakulam
 Writ Jurisdiction of High Court
Madhya Pradesh – Jabalpur
(226) extends both to
Orissa – Cuttack
Fundamental Rights and Legal Rajasthan – Jodhpur
Rights. (Wider than Supreme Uttarkhand – Nainital
Court- SC can issue only for FR)
 Writ Jurisdiction of High Court HC Jurisdiction over Union
and Supreme Court are part of Territories
basic structure of the  Dadar Nagar Haveli, Daman Diu –
constitution. Bombay High Court
3. Appellate Jurisdiction  Andaman & Nicobar Islands –
 High Court is majorly a court of Kolkata High Court
appeal.  Puducherry – Madras High Court
 Any criminal matter punished  Lakshadweep – Kerala High Court
greater than 7 years can be  Guwahati High Court has
appealed in High Court. jurisdiction over Assam,

Nagaland, Mizoram and  Lok Adalat has power of Civil Court. It

Arunachala Pradesh (MANA) can deal with both civil and criminal
 Sikkim, Tripura, Meghalaya, matter, but not non-compoundable
non
Manipur have their own High matters.
Courts now.  Permanent Lok Adalats can deal up to
10 lakhs of rupees it is established
es for
17C. Subordinate Courts cases related to public utility services.
 Articles 233 to 237 in Part VI -
Appointment of district judges in a Gram Nyayalayas
state are made by the governor of the  Are
re first class judicial magistrate
state in consultation with the high courts, they deal with both civil and
court. criminal matters, they are not bound by
 Qualifications to be appointed as the Indian evidence act. It is a mobile court;
District Judge. it has a power of Civil Court.
 Advocate or Pleader for 7 years
 Should be recommended by the Judicial activism
collegium of High Court  (Concept of USA) proactive role played
 He should not be having any position by the judiciary in the protection of the
under state or union executive. rights of citizens and in the promotion
 District Judge is the administrative of justice in the society.
ociety.
head of Judiciary in a District.  Public Interest Litigation (PIL):
 Appointment of persons (other than originated and developed in the USA--
USA
district judges) to the judi
judicial service of In India, the PIL is a product of the
a state are made by the governor of the judicial activism role of the Supreme
state after consultation with the State Court.
Public Service Commission and the
high court 18. Local Government
 Article39A - provides for free legal aid
to the poor and weaker sections of the 18A. Panchayati Raj
society and ensures justice for all Panchayati Raj establishes Democratic
Decentralisation
Lok Adalat
 People’s Court, based on Gandhian
principles. It is one of the components
of ADR (Alternative Dispute Resolution)
system-statutory body.
 Can take up matters pending before
courts which are in pre-litigative
litigative stage.
 Judgement of Lokadalats is final and
can’t be appealed
 Court fee and other duties are
exempted

Evolution Significance of 73rd Amendment Act of

 1957 – Balwanth Rai Mehta 1992
Committee to examine the working of  The act has given a practical shape to
Community Development Programme Article 40 (DPSP)
and National Extension Services.  It transfers the representative
 1977 – Ashok Mehta Committee on democracy into participatory democracy
Panchayat Raj Institutions  The provisions are grouped into 2
 1985 - G.V.K. Rao Committee to categories:
examine programmes of Rural
Development and Poverty Alleviation Compulsory
Voluntary Provision
Provision
 1978 – Dantwala Committee to block
1. Organisation of 1. MP’s, MLA’s
level planning.
Gram sabha. representation at
 1984 – Hanumantha Rao Committee
2. Panchayat at different level
on District Planning. village, 2. Reservation for
 1986 – L.M. Singhvi Committee to intermediate, Backward classes
Revitalization of Panc
Panchayat Raj district levels 3. Granting power &
Institutions for Democracy and 3. Chairperson authority to PRI
Development. Indirect election 4. Devolution of power,
 1988- Thugon committee on District at intermediate, responsibilities of 29
district levels. function (XI
planning
4. Members Direct schedule)
 1988 – V.N. Gadgil Committee on
election at all 5. Granting financial
Policy and Programmes. levels powers to
 Rajasthan was 1st state to establish 5. Min age to Panchayats
Panchayati Raj contest – 21yrs 6. Election manner of
6. Reservation for Chairperson at
Comparison - See Annexure – I SC/ST,women village level
73rd, 74th Amendment Act 1/3rd at all 7. Assinging panchayat
level. to collect taxes,
7. Tenure 5 yrs duties.
8. Establishment 8. Making grants in aid
SEC and SFC from CFS
9. Chairman
representation at
intermediate Dist
level
GramSabha
 Foundation of Panchayat Raj system
 Symbol of Direct Democracy
 Village Assembly of all registered voters
in the area of Panchayat
 Functions are determined by State
Legislature

3 Tier Panchayat Raj State Election Commission

Comm
 Panchayat at Village, intermediate and  Constitutional body under 243K (Not a
district levels multi member body like Election
 No intermediate panchayat in states Commission).
with population upto 20 lakhs.  Governor appoints State Election
 Elections Commissioner
 Direct elections to panchayat at all 3  Condition of service and tenure is
levels determined by governor
 Chairperson of panchayat at  Election Commissioner cannot be
intermediate and district levels shall be removed as like the Judge of High H
elected indirectly – by and from Court. (No such protection exists as
amongst the elected members. EC’s of ECI)
 Chairperson at village level: as provided  Service conditions cannot be varied for
by state disadvantage
 Provisions proceedings related to
Reservations
conduct of elections are determined by
 Seats reserved for SC, ST at all 3 levels
State Legislature.
(based on population in panchayat
area)
 State shall provide for reservation of
chairperson at village or any other level
 1/3rd of total Seats are reserved for
women
 1/3rd of chairperson office are reserved
for women at all levels.
 State may provide for reservations to
OBCs.
Duration
 Regular tenure is 5 years, if dissolved,  Powers, Functions and Finances
elections shall be held within 6 months. determined by State Legislature
(When
hen remainder of period is less than  29 matters listed in 11th Schedule
6 month, not necessary to hold election (State may endow the responsibility on
for new panchayat for such period). Panchayats).
 Panchyat reconstituted after premature  Preparation of plans and
dissolution does not enjoy full period of implementation of plans for Economic
5 years but remains in office only for development and Social justice
the remainder of the period. (responsibility may be endowed on
Panchayats)
Age Qualification
 21 years for contesting
 All questions of disqualifications shall
be referred to such authority as the
state legislature determines.

Finances  Certain areas are exempted:

 State legislature may authorise Nagaland, Mizoram, Meghalaya and
panchayat to levy taxes, assign duties, others, hill areas of Manipur,
tolls and fees levies and collected by Darjeeling, scheduled areas and tribal
state government. areas in the state.
 State may provide for making grant in
aid from consolidated fund of State. 18B. Municipalities
Evolution
State Finance Commission  1687 Madras- first Municipal
 Governor shall constitute after every 5 Corporation.
years.  1726 -Municipal Corporations of
 State legislature may provide for the Bombay and Calcutta.
composition of commission, required  1870- Lord Mayos Resolution on
qualification and manner of selection Financial decentralization.
 Organic link between central finance  1882 -Lord Ripon( father of local self
commission and state finance government) resolution Magna Carta of
commission (central finance Local Self Government.
commission can recommend measures  1907- Royal commission on
to augment the consolidated fund of Decentralization.
a state and supplement the resources  1919- Government of India Act, Local
of panchayat in the state). Self Government became transferred
 Governor shall place the subject.
recommendation along with action  1924 -Cantonments Acts
taken report before state legislature  Govt. of India Act 1935, Local
 State finance commission shall Governments becomes a provincial
recommend subject.
 Distribution of net proceeds of tax,
duties etc Types of Municipalities
 Grant in aid provided to panchayat  Three types: Nagar Panchayat (Rural
from consolidated fund of state. to Urban Transition Area), Municipal
 Taxes, duties tolls that may be Council (Small Urban Area), Municipal
assigned to panchayat Corporation (larger urban area).
 Devolution of power to prepare plans
for economic development. Composition
 Audit & Accounts: State Legislature  All members shall be elected directly by
may make provision for accounts and the people of municipal area.
audit of Panchayat.  Each Municipal area shall be divided
 Application to UTs: President may into territorial constituencies – Wards
direct with exceptions of modifications  State may provide for manner of
 Election petition regarding any dispute election of chairperson
related to elections will be presented to
such authority as determined by state

Ward Committee Powers and Functions

 It may consist of one or more wards  12th Schedule has 18 functions that
within territorial area of municipality may be transferred by State Legislature
having population of 3 lakh or more to Municipalities.
 Composition and territorial area – by  Finances : Same as Panchayats
state  Audit and Accounts: Same as
Panchayats
Reservation  Application to UTs: Same as
 Seats are reserved for SC, ST (based on Panchayats
population) & Women (1/3rd) in case of  Exempted States: Does not apply to
membership. scheduled areas an tribal areas.
 Manner of reservation for Chair persons  Act will not affect the functions and
(SC/ST) – as determined by state. powers of Darjeeling Gorkha Hill
 State may provide for reservation of Council of WB
OBCs
District Planning Committee
Duration of Municipalities  State to constitute at district level
 5 years of office under Article 243ZD
 Can be dissolved early but election has  To consolidate plans by panchayats and
to be within 6 month of dissolution (If municipalities in the district and to
remainder of period is less than 6 prepare a draft development plan for
month – then no need for election for whole district.
such term)  4/5th members are elected by elected
 Municipality elected after dissolution members of district panchayat
will be in office only for time left and andmunicipalities in districts and
not for full 5 years 1/5th are nominated.
 Representation of elected members in
Age for contesting the committee shall be in proportion to
 21 years of age rural-Urban population.
 All questions of disqualifications shall  State Legislature can determine mode
be referred to such authority as the of election members etc.
determined by state
Metropolitan Planning Committee
State Election Commission  Constituted under 243ZE: 2/3rd
 To conduct the election and matters members shall be elected by elected
connected therein members of municipalities and
 State may make relevant laws for chairpersons of panchayats in
elections metropolitan area from amongst
themselves. (1/3 can be nominated).
 Representation of elected members in
the committee shall be in proportion to
rural-Urban population

Central Council of Local Government  Administrative Framework: Council

 Constituted under Article 263 in 1954 headed by President, standing
by the President. committees, CEO.
 It deals with urban government only  Council: Deliberative and legislative
 Only an advisory Body wing of the Municipal Corporation.
 Members: Union Minister for Urban Councillors are directly elected by
Development is Chairman and Local people but few are nominated. It is
Government Minister of States are the headed by president/chairman
members.  President/Chairman: He presides over
meetings of council. He plays
Types of Urban Governments significant role unlike Mayor and is
pivot of the municipal administration.
Municipal Corporation He enjoys executive power.
 Created for administration of big cities  Standing committees: Constituted for
(Delhi, Mumbai etc.) separate fields. (Facilitate the working
 Created by acts of State (In case of UT of council)
by Parliament).  CEO: Responsible for day-to-day
 Administrative framework: It has 3 general administration of municipality.
authorities -Council headed by Mayor, He is appointed by state
standing committees, Municipal
commissioner. Notified Area Committee:
 Council: Deliberative and legislative  Created for administration of 2 types of
wing of the Municipal Corporation. areas: 1) fast developing towns 2)
Councillors are directly elected by Townwhich does not yet fulfil all
people but few are nominated. conditions for a municipality but
 Mayor: He presides over the meetings considered important by state
of council (ornamental head) and has 1  Established by notification => called
year renewable term. Notified area committee. Entirely
 Standing committees: Constituted for nominated body (by state)
separate fields. They take final decision  Hence, neither statutory nor elected
in their fields. (Facilitate the working of body
council)
 Municipal Commissioner: Responsible Town Area Committee:
for implementation of decisions taken  It is set up for administration of small
by council and standing committees town
(Chief executive Authority). He is  It is a semi municipal authority with
appointed by the state. limited functions
 Created by act of state
Municipalities:  May be wholly/partly elected or
 For administration of towns and nominated by state
smaller cities
 Created by acts of state legislature (by
parliament in UTs).

Cantonment Board:  Can be Statutory bodies or as

 Established for municipal departments (by law or executive
administration for civilian population in resolution respectively)
cantonment area  Function as autonomous bodies. (Not
(
 Under administrative control of subordinate to municipal bodies)
Defence Ministry.
 Partly elected and partly nominated 19. Union Territories
body.
 Elected Members: hold office for 5 Evolution:
years
 Nominated Members: Continue as long
as they hold office in that station ((ex-
officio)
 Set up by GoI under cantonment act
2006.
 Under the ministry of defence
 Commanding officer of station is ex ex-
officio President.
 Executive officer is appointed by the
president
Reasons for creation of Union Territories
Township:  Delhi & Chandigarh: Political and
 Established by large public enterprises Administrative Reason
to provide civic amenities to its staff  Puducherry, Dadra & Nagar Haveli,
who live in housing colonies built near Daman and Diu
Diu: Cultural
the plant distinctiveness
 No elected members (extension of  Andaman Nicobar, Lakshadweep:
bureaucratic structure of enterprise) Strategic importance.
 Ladhak: Large area but sparsely
Port Trust: populated with a very difficult terrain.
 Established
stablished by act of Parliament for  Jammu and Kashmir: Prevailing
civil administration in and around internal security situation and cross
ports. border terrorism.
 Both selected and nominated members.
 Purpose: 1) Manage and protect the Administration of Union Territories:
ports 2) Provide civic amenities.  There is no uniformity in administrative
 Special purpose agency system
 Set up by state for specific purposes  Administered by President through an
i.e., function based organisation and administrator (agent of President
Pres and
not area-based. not head of state like governor)
appointed by him.

 President can specify designation of o Legislative assembly can make laws on

administrator: Lt. Governor or Chief all subjects of state and concurrent list
Commissioner or Administrator. except public order, police and land
 Governor of a state can be appointed as o Designation of administrator:
an administrator of UT. Lieutenant Governor
 Parliament can legislate e on subjects of o CM & Council of Ministers are
all the 3 lists appointed by President
 Parliament can establish a High Court,
Legislature, Chief Minister and Council Scheduled Areas & Tribal Areas
of Ministers for a UT.
 UT of National Capital Territory of Schedule V
Delhi, Puducherry and Jammu & Schedule deals with administration and
Kashmir have legislative assembly, control of scheduled areas and STs in any
chief ministers and council of state except Assam, Meghalaya, Tripura -
ministers. andMizoram.
 Delhi is only Union Territory that has
High Court of its own. Features:
 Jammu and Kashmir High court is the  Declaration of Scheduled Areas:
common high court for the union President can 1.Declare
1 an area as
territories of Jammu and Kashmir, and scheduled area 2.Increase
2 or decrease
Ladakh. its area 3.Alter
lter its boundary 4.Rescind
 Provisions for administration of UTs are such designation -- in consultation with
applicable to acquired
uired territories Governor of State.
 Ministry of Home Affairs is nodal  Executive power of the state &
agency for all UTs. Centre-State: Extends
E to Scheduled
 Special Provisions for Delhi areas. Governor has special
responsibilities: submit report to
President.
nt. Union: can give directions to
states regarding administration.
 Tribal Advisory Council: Each state
with scheduled areas has to establish
TAC with 20 members. MLAs from
Schedule Tribes (3/4th) and nominated
members (1/4th). TAC can be
established in states
sta
 Laws applicable to scheduled areas:
parliament or state laws can be
modified or not apply to Scheduled
areas – by Governor
overnor
 Governor can make regulations on
o 69th Constitutional Amendment Act of land, money lending etc. in
1991 provided special status to UT of consultation with TAC.
Delhi

 Any regulation by governor that can state executive authority). Governor can
repeal or amend Law of Parliament or organise or re-organise
organise AD
State need ascent of President.  If there are different tribes within AD,
governor can divide the district into
Union several autonomous regions.
re
Criteria States
Territories
 Each AD: district council (30 members:
Relationship
Federal Unitary 4 nominated by governor, 26 elected
with Centre
directly). Elected members hold office
Distribution of Do not
Exists for 5 years.
Powers exists
Uniformity in  Each autonomous region also has a
Exists in Do not separate regional council (RC).
Politics &
States exists
Administration  AD and RC:1. Administer
A areas under
Head of the Agent of the n 2.Make laws, collect
their jurisdiction
Governor
State Center land revenue, establish schools, etc.
Parliamentary Only under 3. Constitute village councils for trail of
Regularly all
laws on State exceptional suites.
three lists.
List circumstances
PESA Act of 1996

Schedule VI  Part IX is not applicable to 5th schedule
 It deals with the administration of tribal  Parliament may extend it with
areas in Assam, Meghalaya, Tripura modification to under PESA Act of 1996
and Mizoram
Objective:
Features:  To provide self rule for tribal population
 Tribal areas have been constituted as  To safeguard and preserve traditions
Autonomous districts (AD) (not outside and customs of tribal

 To ensure participatory democracy at 2. Identification of beneficiaries under

village level poverty alleviation programme.
 Evolve suitable administrative  Reservation for STs shall not be less
framework consistent with traditional than ½ of total number of seats. Also,
practices. all seats of chairpersons at all levels
shall be reserved for STs.
Features  Recommendation of Gram Sabha or
 State legislation on Panchayats in Panchayat shall be mandatory for grant
Scheduled Areas shall be in of mining lease for minor minerals in
consonance with customary Law, social scheduled areas.
and religious practices etc.  State shall endeavour to follow pattern
 Every village shall have a Gram Sabha. of 6th schedule while designing
 Gram Sabha:1. Approve plans, administrative arrangements.
programmes and projects of socio-
economic development.
Annexure-I:
Comparison of Committee on Policies and Matter
Gadgil
Criteria Balwanth Rai Ashok Mehta L.M. Singhvi
Committee
Structure 3 Tier 2 Tier 3 Tier 3 Tier
Zilla Parishad
Integrated
Administrative
Structures for
Zilla Parishad Panchayat
Executive Body planning and
Committee
development -
District
Development Officer
should be CEO of
Zilla Parishad
Did not
Constitutionality Recommended Recommended Recommended
recommend
Nyaya Panchayats Silent Recommended Recommended Silent
Planning and
District Level District Level District Level District Level
Development
Developmental
functions shall be
Should be transferred CEO of
District Collector chairman of Zilla Parishad. Dist - -
Zilla Parishad Collector regulator,
revenue functions of
state Govt

20. Constitutional Bodies
Attorney National Special

CAG
Election general commissi Finance officer for
(Guardian
Criteria commissio and UPSC SPSC on for commis linguistic
of public
n of India Advocate SCs/STs/ sion minoritie
purse)
General BCs s
338 (65
CAA) 350 B
Article 324 76/165 148 315-323 315-323 280
/338A/33 (7TH CAA)
8B
CEC and
other
Election
commission Chairman and
Chairman and
ers other Chairman
other Determi
Single members , vice
Composi Single members. ned by Single
President of member chairman
tion member Determined by Parliam member
India can body Size is and 3
President of ent
also determined by members.
India.
appoint the governor.
regional
commission
er.
President of President President
India. He of India by by
Presiden
Appoint also President a warrant President of Governor of warrant President
t of
ment determines /Governor under his India the state under his of India
India
size of the hand and hand and
EC. seal. seal.
Qualified to
be Half of the Half of the
appointed members members
No
as a judge should have should have
qualificati Constituti
Qualifica Not of the experience experience Parliam
ons on is
tions prescribed Supreme under the govt under the govt ent
prescribe Silent
Court/ of India or of India or
d.
High Court state govt for state govt for
(advocate 10 years. 10 years.
general)
Determin
65 years or
ed by
Tenure 6 years UPSC: 65 or 6
At the 65 or 6 president Appoint
And whichever years. (for both 62 or 6 years. Constituti
pleasure of years. of India. ( ed once
conditio is earlier, members and on is
President/ it is in 5
ns of determined chairman) Governor Silent
Governor. Parliament normally years
service by President
for 3
President.
years)
CEC – As President of
like Judge No India.
of SC and procedures.
others by President Grounds for
Removal is by
president of for attorney removal:
president of
India in and As judge of adjudged as Constituti
India. Tempor
Removal consultatio governor Supreme insolvent, President on is
ary body
n with for court. infirmity of Silent
Same as
CEC. advocate mind or body,
UPSC.
Grounds: general engages in
proved make employment
misbehavio decisions. outside office.
r or

incapacity. Misbehavior:su
preme court
enquiry is
necessary.
Not eligible for
Not eligible for
re
employment
appointment
outside UPSC.
or any other
Not eligible
He is not job under
for any job Member can be
debarred govt.
Post under appointed as a No No Constituti
No from
retireme union or chairman of limitation restricti on is
restrictions private SPSC member
nt jobs state UPSC or SPSC. s ons Silent
legal can become
governmen
practice. chairman of
t. No
any other
reappointment
SPSC or UPSC
for chairman of
chairman or
UPSC.
member.
Functions of Constitutional Bodies  Chairman, members of Tribunals, jobs

less than 1 year duration can be kept
 UPSC/SPSC/JPSC outside purview of UPSC.
 Watchdog of Merit system.  UPSC recommendations are only
 UPSC is central recruiting agency and advisory in nature.
not personnel agency (under  President can exclude certain posts of
Department of Personnel and Training) All India services and central services
 Constitution does not specify the from purview of UPSC. Parliament can
strength (chairman and members are amend, approve or repeal this.
appointed by president)  UPSC submits annual report to
 Qualifications of members and President.
chairman are not prescribed in the JPSC
constitution (conditions of service are  Created by an act of parliament. (
determined by President) statutory body)
 Chairman and members hold office for  Chairman and members hold office for
6 years or until 65 years. 62 years/6 years.
 Removal: President has to refer the  Number of members or conditions of
matter to the Supreme Court for an service are determined by President.
enquiry (Advice of SC is binding) National Commission for SC/STs:
 Independence: Security of tenure,  They have the powers of a civil court.
expenditure are charged, non-eligibility  They get necessary administrative
for further appointment or support from Ministry of social justice,
reappointment etc. tribal welfare respectively.
 Jurisdiction of UPSC can be extended
by Parliament. National Commission for BCs:
 Any non-acceptance of  Established by mandal case judgement
recommendations needs to be approved 1992 as a permanent statutory body
by cabinet committee on appointments. (1992)
 An individual ministry or department
has no power to reject advice of UPSC.

 102nd CAA 2018 confirmed  CAG’s audit of PSU is based on statue

constitutional Status hence ceased that created the PSU. But auditors are
statutory status. appointed by the govt on advice of CAG.
 Propriety audit is discretionary
Special officer for linguistic Minorities:
 HQ-Allahabad, regional offices- Attorney General of India:
Belgaum (Karnataka), Chennai (TN),  Highest law officer in the country
Kolkata (WB)  He can participate in Legislature or its
 It falls under ministry of minority committees meetings.
Affairs.  He can be a member of a legislative
 Functions: 1. Safeguarding rights of committee without right to vote.
linguistic minorities 2. Submits report  He enjoys privileges and immunities
to President. available to MP.
 CAG  He can plead before any court of India
 CAG is an independent authority. where interests of central government
 CAG is head of Indian audit & account are involved.
department and Chief Guardian of  Shouldn’t advice against the
Public purse. government.
 Shouldn’t defend a criminal case.
Functions and Power:  Advocate General of India
 CAG audits accounts related to all  Highest law officer in the state
expenditure from Consolidated Fund of
 Advice state government on legal
India, Consolidated Fund of state. matters referred by governor
 CAG audits all expenditure from
 Goods and service Tax Council
Contingency Fund of India and Public
 A joint forum of centre & state.
Account of India as well as Contingency
 Vision: Establish highest standards of
Fund and Public Account of state.
co-operative federalism.
 CAG advises President with regard to
 101st Amendment Act 2016provi- ded
prescription of form in which accounts
establishment of GST council.
of Centre and States shall be kept.
 Article 279A: president to constitute
 CAG submits his audit reports to
GST council.
President/governor, who shall, in turn,
 Union finance minister (chairperson)
place them before Parliament/state
Union minister of state in charge of
legislature.
Revenue or finance. Minister in charge
 CAG also acts as a guide, friend and
of finance/ Taxation/ nominated by
philosopher of Public Accounts
each state
Committee of Parliament.
 Can conduct any type of Audit. Council recommends on matters:
 Duties, powers, Service conditions are 1. Taxes, Cesses & Surcharges levied by
determined by parliament. centre, state, local bodies that get
 CAG is not a comptroller in India but merged in GST.
only Auditor general

2. Goods & services that may subjected to  Decision taken in accordance with :
GST or exempted by GST  Weightage of vote of central govt 1/3rd
3. GST laws, principles of levy, of total vote cast in that meeting
appointment of GST levied on supplies,  Weightage of vote of all state govts
governs place of supply. combined 2/3rd of vote cast in that
4. Threshold limit for GST exemption meeting
5. The rates including floor rates with  Council not become invalid on the
bands of GST grounds of :
6. Special Rate to raise additional  Any vacancy or defect in constitution of
resources Rate during natural calamity the council
 Any defect in the appointment of a
Working of the Council
person as a member of council
 One half of the number of members
 Any procedural irregularity of council
Quorum to conduct the meeting
not affecting the merit of the case.
 Decision taken by majority not less
than 3 /4th votes of members present
and voting at the meeting
21. Non Constitutional Bodies
NITI
Criteria NHRC SHRC CIC SIC CVC
AAYOG NIA
Statutory, NIA
Statutory,
Protection of Act
Origin and Executive Protection of RTI Act, RTI Act, CVC Act,
Human 2008
status order Human Rights 2005 2005. 2003
Rights Act,
Act, 1993.
1993.
Chairpers Heade
on(PM) d by
Vice direct
chairman, or
Members: gener
full time. al
Part time
members Multi member
(2), Ex body. Chairman Multi Multimem
officio Multi
and 4 members. member ber body
members Multimembe member
body State consisting
(4), CEO r body. body – CIC
4 ex officio chief of CVC
Composition Chairman and 10
Governing members – information and two
and two other
council- National commission vigilance
members. commissio
CM’s of all commission for er and 10 commissio
ners.
states, women, SC, ST members. ners.
Delhi, and minorities.
Puducherr
y, Lt
govt/admi
nistrators
of UTs
Regional
council
Appointmen PM President on Governor on Appointed Appointed Three Centr

t recommendation the by by member al govt

s of six member recommend President Governor committee appoi
committee ations of a on on the consisting nts
headed by PM. committee recommend recommend of PM, Direct
(speaker of LS, headed by ations of a ations of a union or
Dy chairman of CM. committee committee Home Gener
RS, leader of (Same like consisting headed by minister al
opposition in LS, NHRC) of PM, CM and and
RS and central Leader of consisting Leader of
home minister. opposition, of leader of Oppositio
minister opposition, n in LS.
nominated minister
by PM. nominated
by CM.
They shall -
Persons of
be persons
eminence
of
in various
eminence.
Members:Re fields. Shall
Members:
tired/servin They not
Retired/serving
g judges of should not MP/MLA of
judges/CJI of
HC ,District be any state.
SC/HC
Determin judge (7yr MLA/MP. Not
Qualification
ed by exp ) They shall stat
s Chairman : They shall
Executive not have ed.
Retired/serving not have
Chairman any office of
judges/CJI of any office
Retired CJ profit with
SC of profit
of HC any
with any
political
political
party or
party or
business or
business or
profession.
profession.
65/4 -
years.
Salary of
CVC =
As As
Tenure and Determine chairman
prescribed prescribed
Service d by 70 / 3 years 70/3 years of UPSC.
by central by central
conditions Executive
government government Vigilance
commissio
ners =
members
of UPSC.
President of -
India.
Insolvency,
infirmity of body
or mind, job
outside
commission, Same as
unsound mind, NHRC.
Determine convicted and
sentenced to Appointed As like As like As like
Removal d by
imprisonment by Governor NHRC NHRC NHRC.
Executive
for offence. but removed
by President
Proved of India.
misbehavior or
incapacity:
President shall
refer the matter
to SC for
enquiry.

Not -
eligible for
Not eligible Not eligible further
Post No
for for employme
retirement restriction Eligible Eligible
reappointm reappointm nt under
employment s
ent. ent. state or
union
govt.
Non Constitutional Bodies headed by CVC, Vigilance

 Removal of NHRC, SHRC, CIC, CVC is commissioners, secretary of home and
by president. Personnel.
 Grounds for Removal:  Director of prosecution is appointed on
 Adjudged as insolvent the recommendation of CVC. Tenure is
 Convicted for an offence which involves 2 years. He is equivalent to rank of joint
a moral turpitude secretary of GOI.
 Infirmity of mind or body.  National Investigation Agency
 Acquired any financial interest that can  Central counter terrorism law
affect his official position. enforcement agency in the country
 Proved misbehavior or incapacity – In  NIA Act 2019: NIA power to investigate
this case, president shall refer the offences, in addition: Human
matter for Supreme Court for enquiry. trafficking, offences related to
 A person is deemed to be guilty of counterfeit currency or bank notes,
misbehavior if he is concerned or manufacture or sale of prohibited arms,
interested in any contract of central cyber-terrorism & offences under the
Government or participates in any way Explosive Substances Act, 1908.
in that contract or agreement or gains
Functions of NIA:
profit from it.
 Investigate & prosecute offences
CBI and CVC specified in Schedule /NIA Act
 Both established on the  Provide assistance to,seek assistance
Recommendation of Santhanam from other investigation agencies Govts.
Committee on prevention of corruption.  Take measures for speedy and effective
 Neither constitution nor a statutory implementation of NIA Act provisions.
body. CBI was established by executive  National Disaster management
resolution of union home ministry. Authority
 It derives its powers from Delhi special  NDMA notified under Disaster
police establishment act, 1946 management Act 2005
 CVC established by executive resolution  Composition: Chairperson and other
of central government members not exceeding nine, PM is the
 Director of CBI is appointed by ex - officio chairperson.
committee consisting of PM, leader of  State disaster management
opposition in LS and Chief Justice of Authority
India.  Composition: Chairperson and other
 Tenure of Director – 2 years. members not exceeding nine, CM is the
ex - officio chairperson
 GoI can appoint officers above rank of
 District Disaster management
SP on recommendations of committee
Authority

 Composition: Chairperson & other  Article 310- Tenure of Office

members not exceeding seven, District  Article 311- Safeguards to Civil
collector is the ex-officio chairperson. Servants
Categories:
22. Miscellaneous
1. All-India services -Article 312-IAS,
Co-operative Societies IPS, IFS
97th Constitutional Amendment Act of 2011 2. Central services
3. State services.
Constitutional provisions
Tribunals
 Part IX-B
 Provision added through 42nd
 State legislature make provisions
Constitutional Amendment Act of 1976
 Number of directors decided by state
– it added a new Part XIV-A
legislature
 Part consist of only 2 articles – Art 323-
 Maintenance of accounts- state
A & 323-B
legislature
 Article 323-A: 1) It empowers
Official Language Parliament (only) to provide for
Part XVII, Articles 343 to 351. establishment of administrative
Four heads of languages tribunals for adjudication of disputes
Language of the Union relating to recruitment and conditions
 Official language- of services of Union, States and local
 Hindi in Devanagari script bodies, PSUs etc. 2) It also enables
 Centre-State- English (temporary) Parliament to take out disputes relating
 Regional languages to service matters from civil courts and
 State may adopt any one or more of the HC. 3) CAT and SATs are set up by
languages parliament.
 Language of the judiciary and texts  Article 323 B: Parliament and state can
of laws establish Tribunals for adjudication of
 All proceedings in the SC and HC, bills, matters such as taxation, land reforms,
acts, ordinances, orders, rules--- election to parliament and state
English (temporary) legislature etc.
 Special directives to protect interest  Two or more states can have a single
of linguistic minorities. tribunal.
 Protection of Linguistic Minorities Follow Principle of Natural Justice.
 For Development of Hindi Language 323A 323B
Public service
Public Services Certain other matters
matters
a. Article 312 – creation of All India Created only by Created by Parliament
Services parliament and state legislature
 Articles 308 to 314 in part XIV No hierarchy of Hierarchy of tribunals
 Article 309 Parliament and state tribunals may be created
legislature- Appointment

23. Historical Background
Regulating Act of Pitt’s India Act of Charter Act of 1833 Charter Act of 1853
1773 1784  Final step  separated
 Governor of  commercial and towards legislative and
Bengal as the political functions centralisation in executive
‘Governor- separated British India. functions
General of  commercial  Governor-  Open competition
Bengal’ (1st Lord affairs
affairs- Court of General of system for
Warren Hastings) Directors Bengal as the recruitment of
 Bombay & Madras  Political affairs
affairs- Governor- civil servants
governor Board of Control General of India  Adoption of mini
subordinate to  system of double  Laws made Parliament
Bengal government under this act  It extended the
 Supreme Court at  Indian territories were called as Company’s rule
Calcutta (1774) are called ‘British Acts.  For the first time
 Private trade of possessions in  East India introduced local
servants- India’ Company no representation
prohibited  British Govt
Govt- more in the Indian
 Control of the supreme control commercial (Central)
British Govt on over Company’s body, became Legislative
Company by- affairs administrative Council.
Court of Directors body.

Crown Rule (1858–1947)

Government of
Indian
India Act of
Indian Indian Councils Act
1919 Government
GoI Act of Councils Councils of 1909
of India Act of GoI 1947
1858 Act of Act of
(Montagu- 1935
1861 1892 (Morley-Minto
Chelmsford
Reforms)
Reforms)
 Act for  beginni  Increa  Increased  Introduced  Establish  Ended
the ng of sed the size of ‘diarchy’ ment of an the
Good represe the the  First time All-India British
Govern ntative numbe legislative introduced Federation rule in
ment of institut r of councils bicameralis . India
India ions memb (from 16 m and  Abolished  Partition
 Govern  proces ers in to 60). direct diarchy in of India
or- s of the  For the elections the  Abolishe
Genera decentr Centra first time  Viceroy’s provinces d the
l of alisatio l and provided executive and office of
India n provin associatio Council- 3 introduced viceroy
becam  new cial n of to be ‘provincial and
e legislat legislat Indians Indian autonomy’ secretar
Viceroy ive ive with the  extended  adoption y
of council counci executive the of diarchy  Constitu
India.( s in- ls. Councils principle of at the ent
Lord Bengal,  Power of the communal Centre Assembl
Cannin North- of Viceroy representat  It ies-
g) Wester discus and ion introduced adopt
 ended n sing Governors  new office bicamerali any
the Frontie the . of the High sm constitu
system r budget  system of Commissio  extended tion
of Provinc  nomin communal ner for the  freedom
double e ation represent India in principle to the
govern (NWFP) of ation London of Indian
ment and some  Separate  establishm communal princely
 new Punjab non- electorat ent of a representa states
office-  Recogn official e for public tion (SCs,  dropped
Secreta ition to memb muslim. service STs the title
ry of the ers  Legalised commissio Women ) of
State ‘portfoli communal n  establishm Emperor
for o’ ism  separated, ent of a of India
India system  Separate provincial Reserve
 15- . represent budgets Bank of
membe  Empow ation of from the India
r ered presidenc Central  Establish
Counci the y budget ment of-
l of Viceroy corporatio Federal,
India to ns, Provincial
issue chambers and Joint
ordina of Public
nces commerce Service
, Commissio
universitie ns.
s and  Federal
Zamindar. Court
establishm
ent


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RRP (Prelims) Polity Ready Reckoner

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Sl. No. Topic Page No.

1. Salient Features 1–3

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 Flexibility: (From British

1. Lengthiest Written Constitution 3. Federal System with Unitary

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5. Synthesis of Parliamentary  FR’s are enforceable by

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Constitutional Amendment 16. Co-operative Societies

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second and third schedules. 2B. Sources of the Constitution

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Significance of the Preamble: Territory of India’ is a wider expression

4. Union and its Territory

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New states that came in to Existence after

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 Relaxation of 11 yrs requirements to 5 enemies not enemy aliens (14,

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Article 12–Definition of State: Exceptions:

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Article 16:  76th Amendment Act,1994 Tamil

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Article 18: Abolition of Titles – State conduct meetings, restrain an

citizen has right to Friendly General public

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 Freedom to move in and out of the  Double Jeopardy: Applicable in case of

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Article 21A - Right to Education: discrimination on grounds only of

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further in a  Refers to situation where civilian

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o Article 43A: Participation of workers in

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relief. FR V/S DPSP

Directive Outside – Part – IV:

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List Fundamental Duties:

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Three Ways Amendments

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 Parliament authority over state

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 Rights under Art 19 can only be

Changes after 44th CAA 1978

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 Laws made by the parliament, Unacceptable Grounds

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danger thereof. (On report of governor

Special Session of Lok

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Centre and state. 6. Parliament can

13. Centre – State Relations  Tribal areas in Mizoram,

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 Transferred 5 Subjects to  National emergency (Art-250)

d. Centre’s control over state interstate trade and

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 However, laws on records and Judicial

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