100 Pages - Prelims Booster - Indian Polity - 6194160

INDIAN POLITY PRELIMS BOOSTER by Bookstawa ( Youtube Channel )
Making of the Indian Constitution
● Idea of constituent assembly - M N Roy, 1934

● INC for the first time, officially demanded a Constituent Assembly to frame the
Constitution of India, 1935
composition of CA
● partly elected (indirectly elected), partly nominated

● total 389,
○ 292 from governors provinces
○ 4 chief commissioner's provinces
○ 93 princely states
● Each province and princely state to be allotted seats in proportion to their respective
population. 1 seat every million
● Seats allocated to each British province were to be divided among the three principal
communities–Muslims, Sikhs and General
● representatives of each community were to be elected by members of that community in
the provincial legislative assembly and voting was to be by the method of Proportional
Representation with Single Transferable Vote (PRSTV)
● representatives of the princely states were to be nominated by the heads of the princely
states
working of CA
● held its first meeting, 211 attended, on December 9, 1946, Muslim League boycotted
● Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President
of the Assembly, French practice
● Dr. Rajendra Prasad was elected as the President of the Assembly
● H.C. Mukherjee and V.T. Krishnamachari were elected as the Vice-Presidents
objectives resolution
● moved by JLN on december 13, 1946

● laid down the fundamentals and philosophy of the constitutional structure
● unanimously adopted by the Assembly on January 22, 1947
● its modified version is preamble
Indian Independence Act of 1947 made the following three changes in the position of the
Assembly

● assembly fully sovereign, could frame constitution, amend british laws

● two separate functions assigned - legislative and constituent body
● muslim league members withdrew; Consequently, the total strength of the Assembly
came down to 299 as against 389 originally fixed in 1946 under the Cabinet Mission
Plan
other functions performed
● It ratified the India’s membership of the Commonwealth

● adopted national flag, anthem and song
● elected Dr. Rajendra Prasad as the first President of India on January 24, 1950
Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8
Schedules
Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament,

temporary and transitional provisions, and short titles contained in few Articles came into force
on November 26, 1949, itself.
remaining provisions (the major part) of the Constitution came into force on January 26, 1950
Important facts
1. Elephant was adopted as the symbol (seal) of the Constituent Assembly.

2. Sir B.N. Rau was appointed as the constitutional advisor (Legal advisor) to the Constituent
Assembly.
3. H.V.R. Iyengar was the Secretary to the Constituent Assembly.
4. S.N. Mukerjee was the chief draftsman of the constitution in the Constituent Assembly.
5. Prem Behari Narain Raizada was the calligrapher of the Indian Constitution.
Salient features of the constitution
1. lengthiest written
1. geographical
2. historical
3. single constitution
4. dominance of legal luminaries
2. drawn from various sources
3. blend of rigidity (american) and flexibility (british)
4. federal with unitary bias; "federation nowhere used in constitution"
5. synthesis of parliamentary sovereignty and judicial supremacy
6. integrated and independent judiciary
7. FR
8. DPSP

9. FD
10. secular state; provisions which reveal secular character - Articles 14-16, 25-30, 44
11. universal adult franchise; voting age reduced from 21-18 by 61st CAA
12. single citizenship
13. independent bodies
14. emergency provisions
15. 3-tier government
16. cooperative societies
Schedules of Indian constitution
first names of states, UTs and their territorial jurisdiction
second emoluments, allowances and privileges etc of
● president and governor

● speaker and dy speaker of LA and SLA
● chairman and dy chairman of RS and SLC
● judges of SC/HC
● CAG
third oaths and affirmation of
● candidates for election to parliament and SL

● members of parliament, SLA, SLC
● union and state ministers
● judges of SC/HC
● CAG
forth Art 4, 80 allocation of seats in RS to states and UTs
fifth Art 244 administration and control of SA and ST, 10 states
sixth Art 244, 275 administration of tribal areas in assam, meghalaya, tripura,
mizoram

seventh Art 246 three lists
eighth Art 344, languages recognised by constitution, originally 14,

351 presently 22
ninth Art 31B added by first amendment in 1951; to protect laws included
in it from judicial scrutiny on grounds on violation of FR
tenth Art 102, anti-defection law

191
eleventh Art powers, authorities and responsibilities of panchayats

243G
twelfth Art 243W =/= municipalities
Indian Constitution and Borrowed Provisions
Country Provisions Borrowed
GOI Act 1935 ● Federal Scheme

● Office of governor
● Judiciary
● PSC
● Emergency provision
● Administrative details

Britain ● 1st past the post

● Parliamentary form of govt,
● Parliamentary privileges
● Bicameralism
● Idea of Rule of Law
● Insti of Speaker and his role
● Lawmaking procedure
● Single citizenship
● Cabinet system
● Prerogative writs
USA ● FR
● Judicial Review and Independence of Judiciary
● Impeachment of President
● Post of VP
● Impeachment of SC,HC judges
Canada ● Quasi-federal form of govt

● Idea of residual power
● Appointment of Governor by centre
● Advisory jurisdiction of SC
France ● Principles of liberty, equality and fraternity

● Republic
Ireland ● DPSP
● Method of election of President
● Nominations of members of RS
Russia ● Fundamental Duties

● Ideal of Justice (Social, economic and political)

Australia ● Joint sitting in parliament

● Concurrent list
● Freedom of trade, commerce and intercourse
Germany ● Suspension of FR during emergency
South Africa ● Election of members of RS

● Procedure for amendment of const
Japan (Peace ● Procedure established by Law

Const)
Preamble
● American constitution first with preamble

● It is summary/essence/introduction to the Constitution
● GoI act 1919 had preamble

● based on Objectives Resolution. The objective resolution was moved by Jawaharlal

Nehru. It laid down the basic principles and the ideas on which the Indian constitution
has to be made by the assembly.
● Amended by 42nd CAA - added following words to Preamble: socialist, secular, integrity
● Can be amended by special majority
● Ingredients
○ source of authority - people
○ nature of indian state
○ date of adoption
○ objectives
● Key words in preamble
Sovereign ● India neither dependency nor dominion but

independent nation
● India can either acquire a foreign territory or cede a
part of its territory in favor of a foreign state.
● UN membership does not limit India’s sovereignty
● acquire or cede territory
Socialist ● democratic not communist or state socialism; leaning

heavily towards gandhian socialism
● congress avadi session 1955 - resolution to estb
"socialistic pattern of society";
● blend of Marxism and Gandhism
● faith in mixed economy
● New Economic Policy (1991) of LPG has, diluted the
socialist credentials
Secular ● positive concept, all religions in our country

(irrespective of their strength) have the same status
and support from the state
● article 25-28
Democracy ● popular sovereignty = supreme power with people

● our is parliamentary indirect democracy
● The term ‘democratic’ is used in broader sense =
Social, Political and Economic democracy
● Ambedkar = political democracy can’t last until there
is a base of social democracy (way of life which
recognises Liberty, Equality and Fraternity)

Republic ● head directly or indirectly elected

● vesting of pol sovereignty in people not in any one
person
● absence of privileged class.
● all political offices open to all without any
discrimination
Justice ● secured through DPSP and FR
● social justice mean
○ equal treatment to all
○ abs of privileges
○ improvement in conditions of Backward
Classes and Women
● economic justice
○ non-discrimination basis economic factors
○ elimination of inequalities
● political justice
○ all have equal political rights
○ equal access to all political offices
○ equal voice in govt
Liberty ● absence of restraint, but at same time providing

opportunities for development of individual personality
● not absolute
Equality ● absence of special privileges to any section of society,

adeq opportunities for all w/o discrimination
● provision for civic equality
○ article 14 to 18
● provision for political equality
○ article 325 - none to be excluded from
electoral roll basis religion, race, caste and sex
○ article 326 - elections to state legislative
assembly and lok sabha on basis of universal
adult franchise

Fraternity ● how? single citizenship

● art 51A - "promote harmony and spirit of common
brotherhood transcending religious, linguistic, regional
or sectional diversities"
● has to ensure 2 things
○ dignity of individual
○ unity and integrity of nation
Is the Preamble part of the Constitution?
● Berubari union case- NO, but interpretation could be derived in case of ambiguity
● Kesavananda bharti case- YES
● LIC - YES, integral part
● Preamble is neither source nor prohibition on legislature's power
● Preamble non-justiciable in nature

Union and its territory
● Articles 1 to 4 under Part-I

● Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation
of States’
● Country is described as ‘Union’ although its Constitution is federal in structure, because
○ Indian Federation is not the result of an agreement among the states like the
America
○ States have no right to secede from the federation.
● Currently, 28 states and 8 UTs
● According to Article 1, the territory of India can be classified into three categories:
Territories of the states, UTs and Territories that may be acquired in future
● ‘Territory of India’ is a wider expression than the ‘Union of India’ because the latter
includes only states while the former includes not only the states, but also union
territories and territories that may be acquired by the GoI at any future time.
● Article 2
○ empowers the Parliament to ‘admit into the Union of India, or establish, new
states that are not part of Union of India
○ grants two powers to the Parliament:
■ the power to admit into the Union of India new states; (admission of
states which are already in existence)
■ the power to establish new states. (establishment of states which were
not in existence before)
● Article 3 authorizes the Parliament to increase/diminish areas of states, alter boundaries
○ bill contemplating the above changes can be introduced in the Parliament only
with the prior recommendation of the President
○ before recommending the bill, the President has to refer the same to the state
legislature concerned for expressing its views within a specified period.
(President not bound by state’s view)
○ In case of a union territory, no reference need be made to the concerned
legislature to ascertain its views
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Committees on reorganization of states
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October, 1953, creation of first linguistic state, Andhra state
New States and Union Territories Created After 1956
Name of State/UT Statehood/UT attained in

Maharashtra and Gujarat 1960
Puducherry 1962
Nagaland 1963
Haryana and Chandigarh 1966
Himachal Pradesh 1971
Manipur, Tripura and Meghalaya 1972
Sikkim ● 3E#-(>!!(N<VW)P8!,,4%$+#'(,#+#'
● 36#-(>!!(N<VWEP8I#+#'-44*
Mizoram, Arunachal Pradesh and Goa 1987
Chhattisgarh, Uttarakhand and 2000
Jharkhand
Telangana 2014
UT of Jammu & Kashmir and UT of 2019
Ladakh
Dadra and Nagar Haveli and Daman Combined UT created in 2020
and Diu
Citizenship
● Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil
and political rights.

Fundamental Rights part III (art 12-35)
available against private individuals = 15(2), 17, 18(3,4), 23, 24

available only to indian citizens = 15, 16, 19, 29, 30
● meant to promote idea of political democracy

● limitations on tyranny of executive and arbitrary laws of legislature
● some are negative in nature, some are positive
● their scope of operation is limited by article 31- ABC
● according to SC, even private body working as an instrument of state falls within
meaning of state
● foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal
and civil proceedings
● protection of civil rights act enacted to enforce FR of abolition of untouchability
● untouchability is neither defined in act nor in constitution
● there is no right to strike
● right to freedom of association includes negative right of not to form or join association
● right to obtain recognition of association is not FR
● due process of law = procedure adopted by law itself has to be reasonable, fair and just
● article 21A described by government as dawn of second revolution in chapter of citizen
rights
Category Consists of
Definition of state ● 12. State includes legislative and executive

(Art 12 and 13) organs of union and state, local bodies, PSUs,
etc
● 13. Laws inconsistent with FR are void;
explicitly provides for doctrine of JR
○ law here includes non legislative
sources of law,
○ constitutional amendment is not a law

Right to Equality ● 14. state shall not deny to any person Equality
(Art 14-18) before law and equal protection of law within
the territory of india
● 15 .Prohibition of discrimination on grounds
only of religion, race, caste, sex or place of
birth wrt...
○ access to shops public restaurants etc
prohibits discrimination only by
state
○ use of wells, tanks, bathing ghats
maintained wholly or partly by state
funds prohibits discrimination by
state and private individuals
○ nothing in this article shall prevent state
from making special provision for
women/children/SEBC/SC/ST
● 16. Equality of opportunity in matters of public
employment on grounds only of religion, race,
caste, sex, place of birth, descent, residence
○ exceptions
■ parliament can prescribe
residence as condition for
certain employment
■ reservation for backward class
■ appointment of incumbent of
religious institution
● 17. Abolition of untouchability and prohibition
of its practice
○ not defined in constitution
○ does not cover social boycott
● 18. Abolition of titles except military and
academic

Right to Freedom ● 19. Protection of right to freedom of speech

(Art 19-22) and expression, assembly, association,
movement, residence, profession
○ right to move inside country
○ state monopoly of trade, business,
industry is not questionable
● 20. Protection against arbitrary and excessive
punishment to an accused
○ No ex-post-facto law, No double
jeopardy, No self incrimination
○ exceptions
■ civil liability, tax
■ in case of preventive detention
■ in case of departmental or
administrative proceedings
● 21. no person to be deprived of life and
personal liberty except according to procedure
established by law
○ right to move outside country
● 21A. Right to elementary education, 6-14
years
● 22. Provides protection to persons who are
arrested or detained
○ right to consult and to be defended by
legal practitioner
○ every person arrested and detained to
be brought before magistrate within 24
hrs excluding journey time
○ preventive
■ cant exceed 3 months unless
advisory board reports sufficient
cause for detention
■ communicate grounds of his
detention
■ both centre and state can make
law for preventive detention
■ for reasons related to foreign
affairs, defence and security,
only parliament can make law
Right against ● 23. Prohibition of traffic in human beings and
Exploitation forced labour
(Art 23-24) ○ includes devdasis and slavery
● 24. Prohibition of employment of children
below 14 in factories, mines and hazardous
activities

Right to freedom of ● 25. Freedom of conscience and free

Religion profession, practice and propagation of
(Art 25-28) religion-->Individual
● 26. Freedom to manage religious affairs--
>Denominations
● 27. Freedom from payment of taxes for
promotion of any religion
● 28. Freedom from attending religious
instructions or worship in certain educational
institutions
○ only in institutions wholly maintained by
state - religious instruction is
completely prohibited
Cultural and ● 29. Protection of script and culture of
Educational Rights minorities--> Religious and Linguistic
(Art 29-30) ○ no person shall be denied admission to
any educational institution maintained
by state or receiving aid out of state
funds on grounds only of religion race
caste language
○ includes right to agitate for protection of
language
● 30. Right of minorities to establish and
administer educational institutions
○ confined only to minorities, unlike
article 29
○ minority nowhere defined in
constitution
○ minority educational institutions
recognised/aided both subject to
regulatory power of state

Right to ● 32. Writ jurisdiction of SC, only for

constitutional fundamental rights
remedies ● 226. power of HC to issue writs
(Art 32)
writs - type and scope
● parliament can empower any court to issue

these writs
● SC may not refuse to exercise its writs, HC
may
● habeas corpus
○ to produce body of detained persons
before court
○ issued against both public authorities
and individuals
● mandamus
○ by court to public official asking him to
perform his official duties
○ only against public authorities
● prohibition
○ by higher court to lower court to
prevent latter from exceeding
jurisdiction
○ only against judicial and quasi judicial
authorities
○ only preventive
● certiorary
○ by higher court to lower court or
tribunal to transfer or quash order in a
case
○ preventive as well as curative
○ against judicial, quasi judicial and
administrative authorities
● quo warranto
○ to enquire into legality of claim to public
office
○ can be sought even by non aggrieved
person

Exceptions to FR ● 31A. Saving of 5 categories of laws from being

challenged and invalidated on ground of
contravention of FR under art 14 and 19
○ acquisition of estates
○ taking over of management of
properties
○ amalgamation of corporations
○ modification of rights of directors/
shareholders of corporations, mining
leases
● 31B. Saves acts included in 9th schedule from
being nullified on grounds of contravention to
FR
● 31C. Saving of laws giving effect to DPSPs 39
B and C; against article 14 and 19
Armed Forces and FR ● 33. Empowers parliament to restrict FR of
(Art 33) members of armed forces, Paramilitary, police
forces
○ Excludes court martials from
jurisdiction of SC as far as enforcement
of FR is concerned
Martial Law and FR ● 34. Restriction on FR while martial law is in

(Art 34) force in any area
○ empowers the Parliament to indemnify
any government servant or any other
person for any act done by him in
connection
○ Act of Indemnity made by the
Parliament cannot be challenged in any
court on the ground of contravention of
any of FR
Effecting certain FR ● 35. Power to make laws to give effect to
(Art 35) certain FR vest only in parliament
martial law national emergency
affects only FR FR + others

suspends government and ordinary —

law
to restore breakdown of law and order on three grounds

due to any reason
imposed in specific area whole country or any part
no specific provision in constitution detailed
difference between equality before law and equal protection of laws
equality before law equal protection of laws
negative concept positive
absence of any special privileges by right to equality of treatment under

reason or birth, creed etc (amita vs equal circumstances
UOI, 2005)
2nd corollary from Dice's Rule of law similar application of the same law to
(book: law of the constitution) - equal all persons who are similarly situated
subjection of all citizens to the ordinary
law of the land
among equals, the law should be

equal and equally administered, like
should be treated alike

it permits rational discrimination. equal treatment requires affirmative

action by state towards unequals by
providing facilities and opportunities
british concept american
Directive Principles of State Policy
● borrowed from irish constitution

● DPSP + FR = philosophy + soul of constitution; conscience of constitution
● "novel features" according to BB ambedkar
● resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of
1935; which were issued to the Governor-General and to the Governors of the colonies
of India by the British Government
Category Consist of
Definition of State (Art ● 36. Same as Article 12

36) ● 37. Non enforceable but fundamental in
Non enforceable but governance
fundamental in
governance (Art 37)

Socialistic Principles ● 38.

(Art 38, 39, 41, 42, 43, ○ State to secure a social order with SEP
47) justice
○ Promote welfare of people and minimise
inequalities in income, status,
opportunities (44th CAA)
● 39.
○ right to an adequate means of livelihood
○ ownership and control of the material
resources of the community are so
distributed as best to subserve the
common good
○ operation of the economic system does
not result in the concentration of wealth
and means of production to the common
detriment
○ equal pay for equal work for both men
and women;
○ non exploitation, citizens are not forced
by economic necessity to enter
avocations unsuited to their age or
strength
○ Secure opportunities for healthy
development of children (42nd CAA)
● 39A. Free legal aid to poor (42nd CAA)
● 41. Secure right to work, education and public
assistance
● 42. Humane condition for work and maternity
relief
● 43. Secure living wage and decent standard of
life for workers
● 43A. Participation of workers in management of
industries (42nd CAA)
● 47. Raise level of nutrition and standard of
living and to improve public health
Gandhian Principle ● 40. Organise village panchayat
(Art 40, 43, 46, 47, 48) ● 43. Promote cottage industries
● 43B. Promote cooperative societies (97th CAA,
2011)
● 46. Promote educational and economic interest
of SC, ST, OWS
● 47. Prohibit intoxicating drinks and drugs
● 48. Prohibit slaughter of cows

Liberal-Intellectual ● 44. UCC

Principles ● 45. Early childhood care and education for
(Art 44, 45, 48, 49, 50, children (0-6 years)
51) ○ 86th Amendment Act of 2002 changed
the subject-matter of Art 45 and made
elementary education a fundamental
right under Art 21A
● 48. Agri and animal husbandry on modern and
scientific lines
● 48A. Protect environment, forest and wildlife
(42nd CAA)
● 49. Protect monuments and historic objects
● 50. Separate judiciary from executive in public
services of state
● 51. Promote international peace and security
Fundamental Duties added by 42nd constitutional amendment
● Art 51A
● swaran singh committee recommendation
No. About
a Abide by constitution and respect national flag and anthem
b Cherish noble ideals of national struggle for freedom
c Uphold sovereignty, unity and integrity of India
d Defend country and render national service when called upon to do so

e Promote harmony, common brotherhood and denounce practices

derogatory to dignity of women
f Preserve rich heritage of country's composite culture
g Protect natural environment
h Develop scientific temper, humanism and spirit of inquiry
i safeguard public property and abjure violence
j Strive towards excellence
k Provide opportunities for education to child or ward between age of 6 to

14 years--> 86th CAA, 2002
Features of Fundamental duties

● Some of them are moral duties while others are civic duties.
● They refer to such values which have been a part of the Indian tradition, mythology,
religions and practices.
● Fundamental Duties are confined to citizens only and do not extend to foreigners.
● Like the Directive Principles, the fundamental duties are also non-justiciable.
Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal
provisions for the implementation of some of the Fundamental Duties.
Amendment of constitution
● article 368, part XX,

● procedure neither flexible nor rigid,
● cant amend basic structure
● borrowed from south african constitution
process of amendment
● bill can be introduced in either house, not SLA

● by private or govt member, no need prior permission of president
● to be passed by each house with special majority
● no joint sitting

● if amending federal provisions - ratification by half of states by simple majority

● president must give assent (24th CAA), can't withhold or return
constitution can be amended in 3 ways
● special majority - like FR, DPSP, elements in 9th schedule

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○ provisions related to SC & HC
○ election of president
○ executive and legislative power of centre and state
○ seventh schedule
○ representation of states in parliament
○ Changing article 368
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○ internal readjustment
○ 2nd, 5th and 6th schedule
○ abolition or creation of legislative council (state assembly passes resolution with
special majority)
○ parliament related - quorum, salaries, rules of procedure, privilege, use of english
language, election to parliament and SLA
○ use of official language
○ Union territories
○ delimitation of constituencies
○ SC related -no of puisne judges, conferment of more jurisdiction
○ citizenship - acquisition and termination
Is part III or other parts unamendable?
● until golak nath case, SC held no part was unamendable and FR and even article 368
could be amended
● golak nath case
○ fundamental rights cant be amended
○ CAA was also a law within purview of article 13
● 24th CAA = CAA will not be law within meaning of article 13, validity of CAA shall not be
challenged on ground that it violates part III
● kesavananda bharti case
○ upheld validity of 24th CAA and overruled golak nath verdict
○ CAA not a law within article 13
○ FRs can be thus amended
○ certain basic features cant be altered in exercise of power under article 368
Article 368 as interpreted by SC
● any part of constitution may be amended after complying with procedure in art 368
● no referendum or reference to constituent assembly required to amend

● no part which constitutes basic feature can be amended

● "basic feature" is a substantive limitation on amending power by judicial innovation
●
42nd amendment transferred 5 subjects to concurrent list from state list
● education
● forests
● weights and measures
● protection of wild animals and birds
● administration of justice - constitution and organisation of all courts except SC/HC
Doctrine of Basic Structure
Kesavananda Bharati case laid down a new doctrine of the ‘basic structure’ (or ‘basic features’)
of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not
enable it to alter the ‘basic structure’ of the Constitution.
List of Basic Features:

Parliamentary System (PS)
PS at centre Article 74, 75

PS at states Article 163, 164
India UK
republic monarchy
person not MP can be minister generally, MP is minister
no legal responsibility of ministers yes, officials are required to

countersign acts of heads of state
- shadow cabinet
can be member of either house PM is member of lower house
features of ● Nominal and real executive

parliamentary ● Majority party rule
system; ● Collective responsibility
● Political homogeneity
● Double membership
● PM leadership
● Dissolution of LS
● Secrecy

merits of PS ● Wide representation

● harmony between executive and legislature
● ready alt govt
● prevent despotism
● responsible government
demerits ● unstable
● Government of amateurs
● No strict separation of powers; there is fusion of
powers
● policy discontinuity
● cabinet dictatorship;
reasons for adopting ● Familiarity

PS ● nature of Indian state
● Need to avoid EL conflict
● Preference of more responsibility
Federal System
● US is first and oldest federation

● Indian federation based on canadian model
● federal features of constitution
○ dual polity - union and states
○ rigid constitution
○ written constitution
○ independent judiciary
○ division of powers
○ bicameralism
○ supremacy of constitution
● unitary features
○ integrated election machinery
○ veto over state bills
○ strong centre
○ states not indestructible
○ single constitution

○ flexibility of constitution
○ no equality of state representation
○ integrated judiciary
○ emergency provisions
○ single citizenship
○ AIS
○ integrated audit machinery
○ parliaments authority over state list
○ appointment of governor
General features of unitary government
● single national government that may create regional governments

● constitution may be written or unwritten
● constitution may be supreme or not supreme
● judiciary may or may not be independent
● no division of powers
● legislature may be bicameral or unicameral
reasons for adoption of federal system
● large size
● sociocultural diversity
● reconciliation of national unity with regional autonomy
Centre State relations
G'C$,&+#$A'("'&+#$41,(8(Articles 245 to 255 in Part XI
4 aspects of centre state legislative relations
1. Territorial extent of Central and state legislation;

○ 9+"&$+/'1#(%+1(/+Z'(&+.(@4"(.-4&'(4"(+1:(9+"#(4@($1*$+Y(I#+#'(&'C$,&+#0"'(NIGP(8(
+1:(9+"#(4@(,#+#'Y(40#,$*'(41&:(.-'1(,0@@$%$'1#(1'[0,Y('[#"+#'""$#4"$+&(&'C$,&+#$41(
41&:(5:(9+"&$+/'1#(
○ "',#"$%#$41(41(9&'1+":(94.'"(4@(9+"&$+/'1#(89"',$*'1#(%+1(/+Z'("'C0&+#$41(@4"(
9'+%'D(C44*(C4A(+1*(9"4C"',,(4@(E(\]Y(C4A'"14"(%+1(*$"'%#(&+.(*4',(14#(4"(+99&:(
.$#-(/4*$@$%+#$41($1(+(,%-'*0&'*(+"'+Y(,+/'(.$#-(C4A'"14"(4@(+,,+/(+1*(
9"',$*'1#($1(%+,'(4@(^'C-+&+:+D(]"$90"+(+1*(^$R4"+/(N^]^P
2. Distribution of legislative subjects;
○ union 98, state 59, concurrent 52; parliament to make law on residuary subjects;

○ predominance of union list over state and concurrent list

3. Parliamentary legislation in the state field;
○ in national interest, when RS passes resolution (art 249);
■ 2/3rd present and voting
■ remains in force for 1 year, can be extended any no of time
■ ends 6 months after resolution cease to have effect
■ ,#+#'(%+1(+&,4(/+Z'(&+.(41(#-+#(/+##'"D(50#($1(%+,'(4@($1%41,$,#'1%:(8(
9+"&$+/'1#(&+.(9"'A+$&,(Nart 251)
○ national emergency (art 250)
■ inoperative 6 months after national emergency over
■ ,#+#'(%+1(/+Z'(&+.(50#(($1(%+,'(4@($1%41,$,#'1%:(8(9+"&$+/'1#(&+.(
9"'A+$&,
○ request of two or more states (art 252)
■ such laws applies to only these states
■ such law can be amended, repealed only by parliament
○ implement international agreement (art 253)
○ president rule (art 356)
■ remains in force even after presidents rule; but state can repeal
4. Centre’s control over state legislation.
○ governor can reserve bill
○ certain bills, though state list can be introduced only with prior president
permission
○ president can direct SL to reserve money/financial bills during financial
emergency
Administrative Sphere8Articles 256 to 263 in Part X
1. distribution of executive powers

1. executive power divided as per legislative powers
2. &+.(41(%41%0""'1#(&$,#(8('['%0#$418(,#+#'('[%'9#(.-'1(9+"&$+/'1#(_(%'1#"'(
%41@'",($#(41(%'1#"+&(C4A'"1/'1#
2. obligation of states and centre
1. restrictions on executive power of state
1. 14"/+&(#$/',(8(+"#(2E6D(2EWY(
2. *0"$1C('/'"C'1%:(83E3D(3E6Y(
3. during financial emergency
3. mutual delegation of functions
1. Centre cannot delegate its legislative powers to the states and a single state
cannot request the Parliament to make a law on a state subject.
2. but not so rigid in delegation of executive functions
4. cooperation
1. article 262, 263, Full faith and credit is to be given throughout the territory of India
to public acts, records and judicial proceedings of the Centre and every state
5. all india services

1. Each of these three all-India services, irrespective of their division among

different states, form a single service with common rights and status and uniform
scales of pay throughout the country
2. help in maintaining high standard of administration in the Centre as well as in the
states
3. help to ensure uniformity of the administrative system throughout
4. facilitate liaison, cooperation, coordination and joint action on the issues of
common interest between the Centre and the states.
5. B R Ambedkar called it strategic posts from point of view of maintaining std of
adm
6. As per SC directive 2013, all states should have a civil services board to decide
on transfers and postings of the bureaucrats
6. public service commissions
1. chairman and member of SPSC appointed by gov but removed by president
2. parliament can estb Joint-SPSC; chairman and members appointed by president
3. UPSC can serve needs of state on request of governor, with president approval
4. UPSC assists the states (when requested by two or more states) in joint
recruitment for any services for which candidates possessing special
qualifications are required
7. integrated judicial system
1. Parliament can establish a common high court for two or more states.
2. judges of a state high court are appointed by the president
8. other provisions
1. art 355; governor appointed by president, agent of centre, sends report to
president; state election commissioner appointed by governor but removed by
president
2. centres direction to states as to how states should exercise their executive power
in following matter
1. construction and maintenance of means of communication
2. measures to protect railways
3. adequate facilities for instruction in mother tongue
4. execution of schemes for welfare of ST
3. two duties of centre acc to article 355
1. to protect every state against external aggression and internal
disturbance
2. to ensure government is carried on in acc with provisions of constitution
9. extra constitutional devices
1. NITI ayog, zonal councils, governors conference, CMs conference
Financial Sphere (8Articles 268 to 293 in Part XII
SC in coffee board case 1971: "union and states together form one organic whole for purpose
of utilisation of resources of territories of india as a whole"
Cooperative federalism= interdependence and centre as elder brother; Regional imbalance

necessitates to give upper hand to Union to distribute resources as per need

● parliament/state has exclusive power to levy taxes mentioned in union/state list

● residuary power of taxation with parl, imposed gift, wealth, expenditure tax
● constitution has placed some restrictions on taxing power of state
● grants to states = art 275 and 282
● statutory grants under article 275
○ parliament grants in aid to states in need of financial assistance
○ charged on consolidated fund of india on recommendation of finance commission
● discretionary grants under article 282
○ union or state can make grants for any public purpose
○ even if not in their legislative competence
○ larger than statutory grants by centre
● finance commission
protection of state’s interest:

following bills can be introduces only on recommendation of president
● imposes or varies any tax in which states are interested

● varies meaning of "agricultural income" for purpose related to income tax
● affecting principles on which money is distributable to states
● imposing surcharge on tax for purpose of centre
borrowing by centre and states
● state govt can borrow within india only upon consolidated fund (CF) of state
● central govt loans to state out of CFI
● state govt cant raise loan without consent of centre if previous debt not paid
intergovernmental tax immunities exempted?
central property from state taxation YES
corporations created by centre NO
property and income of state from YES

central taxation
corporations created by states NO

property and incomes of local Not exempt from central taxation

authorities
● centre can impose custom duty on goods imported/exported by state or excise duty on
goods produced by states
● centre can tax commercial operations of state if parliament provides
effect of emergencies
● president can cancel or reduce finances from centre to state during NE

● during financial emergency, president can direct to states
○ to observe principles of financial propriety
○ reduce salaries and allowances, including that of HC judge
○ reserve money/financial bills for presidents consideration
centre state relations committees
● rajamannar
● anandpur sahib resolution
● west bengal memorandum
● sarkaria commission
● punchhi commission
Inter-state relations
constitutional provisions related to inter state relations
● adjudication of inter state water dispute - article 262

● coordination through inter state council - article 263
● mutual recognition of public acts, proceedings etc
● freedom of inter state trade commerce and intercourse - article 301
Mechanisms available to resolve dispute
● Till 1956
○ Art 131
● After state reorganisation act, 1956
○ Interstate water dispute Act, 1956 as per art 262
○ Rivers Board act, 1956
■ Proactive approach
■ Comprise of representatives from all states sharing river basin
■ Indian government has been unable to constitute a River Board
○ Interstate council as per art 263
■ non permanent, constitutional
■ 1st permanent ISC created during V.P.Singh govt

■ PM, CM all states, CM UT with legislatures, administrators of UT not with

legislature, governor of all states under president rule, 6 cabinet member
nominated by PM
■ HM is chairman of its standing council
■ This body should have been main platform for realising goals of
cooperative federalism
■ can inquire into and act upon inter state disputes - complementary to SC
jurisdiction under article 131
■ other bodies established under article 263
■ central council of health
■ central council of local govt and urban development
■ four regional councils for sales tax
○ Zonal Council created by SRA, 1956, basis of Fazl ali commission
■ divides country into 5 zones
■ HM, CM of all states in zone, two other ministers from each state,
administrators of UT
■ CM vice chairman by rotation
■ aim at promoting cooperation and coordination, deliberative and advisory
■ To offset negative effects of state reorganisation and resolve water
disputes
○ North eastern council
■ NE council act of 1971
■ seven sisters + brother(i.e.Sikkim)
■ for formulating unified and coordinated regional plan
■ HM ex officio chairman, MoS DoNER is VC
■ governors, CMs of the 8 states are members
Inter state trade and commerce
● article 301 - trade commerce and intercourse throughout territory of india free, with a few
exceptions
● article 302 - parliament can impose restrictions on the freedom of trade, commerce and
intercourse between the states or within a state in public interest
● article 304 - SL can impose restrictions on the freedom of trade, commerce and
intercourse within a state in public interest, but such bill requires prior sanction of
president;
Emergency Provisions
● part XVIII, article 352-360

● to safeguard sovereignty, unity, integrity and security of country, democratic political
system and constitution
Types Features

article 352 emergency due to war, external aggression or

armed rebellion (44th CAA replacing internal
disturbance), called "national emergency",
"proclamation of emergency"
article 356 president rule
article 360 financial emergency
National emergency President rule Financial emergency
proclamation to be two two

approved within one
month (44th CAA)
continues for 6 months, 6 months, max 3 years, indefinite period

for indefinite period; beyond 1 year only when
approval every 6 months - national emergency or
(special majority) (44th election commission
CAA) certify elections cant be
held
special majority of both simple simple

house (44th CAA)
revocation: does not same same

require parliamentary
proclamation, president
can

state govt carry on state legislature either state govt carry on

dissolved or suspended -
parliament makes law for
state; SLA to be dissolved
only after parliament
approved presidential
proclamation, till then
only suspension
FR suspended no no
no delegation of parliament can delegate -

legislative power to president or someone
appointed by him
only LS can pass - -

resolution for
discontinuance - 1/10th
total members notice to
speaker > special session
within 14 days > simple
majority
laws made by parliament continues to operate -

become inoperative 6
months after end of NE
National emergency
● grounds of declaration
○ can be declared by president even before actual occurrence of war or external
aggression
○ 42nd CAA - limit NE to a specific part of india
○ 44th CAA - internal disturbance > armed rebellion
○ 44th CAA - can proclaim only after written recommendation of cabinet
○ minerva mills case - proclamation of emergency can be challenged
● effects of NE
○ on centre state relations
■ executive - centre can give directions to state on any matter; state govt
under complete control of centre

■ legislative - overriding legislative power, president can issue ordinances

on state subjects; 42nd CAA - executive and legislative consequences
extend to other states where emergency is not in operation
■ financial - president can modify constitutional distribution of finances
○ effect on life of LS and SLA
■ LS term can be extended 1 year at a time, any no of time; this extension
lasts 6 months after emergency cease to operate
■ parliament can do the same for SLA
○ effects on fundamental rights
■ article 358
■ fundamental rights under art 19 automatically suspended for entire
duration, entire country
■ automatically revives after emergency ends
■ no remedy for anything done during emergency
■ 44th CAA - suspended only on war or external aggression not
armed rebellion
■ article 359
■ FR are not suspended, but only their enforcement, rights are
theoretically alive but right to seek remedy is suspended
■ empowers president to suspend enforcement of FR
■ only those specified in presidential order
■ it should be laid before each house for approval
■ 44th CAA - cant suspend right to move court for enforcement of
article 20 and 21
■ both internal and external emergency
■ specified for specified period, specified territory
declarations so far
period president reason
october 1962 - jan 1968 Dr sarvapalli chinese aggression

radhakrishnan
december 1971 - 1975 V V giri pakistan attack
june 1975 - march 1977 Fakhruddin ali ahmed internal emergency
Presidents rule
● imposed first time in punjab in 1951

● grounds of imposition
○ article 356 (govt cant be carried out as per constitution) and 365
● parliament passes state bills and state budgets
● president dismisses CM and CoM
● president ordinance for state govt when parliament not in session
● no change in powers, status, function, position of concerned HC
● president can declare that powers of SL are to be exercised by parliament
● cases of proper use
○ hung assembly
○ majority party declines to form govt, no coalitions found
● improper
○ internal disturbance not amounting to physical breakdown
○ maladministration or allegation of corruption
financial emergency
● president may issue directions for reduction in salaries of all including HC/SC judges
● H N Kunzru, member of CA stated that financial emergency provision pose serious
threat to financial autonomy of states
Comparison between union and state executive
union executive state executive
Part V Part VI
President Governor
VP -
PM CM
Council of Ministers Council of Ministers
Attorney General Attorney General

subject president governor
qualification (as ● Citizen of India ● Citizen of India

per constitution) ● Age: 35 years ● Age: 35 years
● qualified to election ● convention: outsider +
for LS consult CM
● no office of profit
oath of office Administered by CJI Administered by CJ of HC
criminal immune immune

proceeding
civil proceeding Can be initiated only after same

expiration of 2 month notice
to him
term 5 years, resign to VP 5 year, resign to president
conditions of ● should not be MP/ same; when governor for two

office MLA or more states, allowances
● no office of profit shared by proportion
● free use of determined by president
rashtrapati bhavan
● Emoluments,
allowances and
privileges
determined by
parliament
● Emoluments,
allowances can’t be
diminished during
his term
powers executive, legislative, only first four
financial, judicial,
diplomatic, military,
emergency

financial powers ● money bills similar

● annual financial
statement he lays
● No demand for a
grant can be made
except on his
recommendation
● makes advances
out of contingency
fund of india
● constitute finance
commission
judicial powers ● appoints judges of ● appoint district judges
SC/HC with state HC
● seek opinion of SC consultation
on any question of ● appointment to other
law, but any advice judicial services with
given is non-binding HC and SPSC
consultation
● consulted by president
while appointing HC
judge
legislative ● appoint any member ● same
powers of LS/RS as ● 1/6th member to LC
speaker/chairman from ALSS and
when presiding seat cooperative movement
vacant ● 1 member - SLA -
● nominate 12 anglo indian
members to RS - ● same
art, literature, ● same
science and social ● same
service (ALSS)
● 2 members - LS
anglo indians
● promulgate
ordinances
● decide on question
of disqualification of
MP in consultation
with EC - OoP
● lays report of CAG,
UPSC, EC before
parliament

executive ● all executive actions ● same

powers of GoI taken in his ● same
name ● can recommend
● directly administer imposition of president
UT through emergency in state to
administrators president ; during
appointed by him president rule governor
● can declare any enjoys extensive
area as SA and has powers as agent of
powers wrt president
administration of
SA/TA
comparing veto powers
money bills ● assent ● assent

● withhold ● withhold
● cant return ● cant return
○ both ● reserve for president
parliament consideration
and state
bills
ordinary bills ● 9+"&$+/'1#(5$&&8( ● assent, withhold,
suspensive veto,
+,,'1#D(.$#--4&*(4"(
(when bill reserve for president’s
passed by state ,0,9'1,$A'(A'#4( consideration
legislature N/'+1$1C($@(9+,,'*(
endangers 5:(-40,'(.$#-(
position of HC,
4"*$1+":(/+;4"$#:D(
governor must
reserve bill for H"',$*'1#(.$&&(-+A'(
president #4("+#$@:P
consideration) ● ,#+#'(5$&&,("','"A'*(
8+,,'1#D(.$#--4&*D(
"'#0"1D(+5,4&0#'(A'#4
● Also, president must
ratify constitution
amendment bill, it
can’t be rejected or
returned

ordinance making power
● cant be issued to amend constitution

● can be retrospective
● power of president to legislate by ordinance is not parallel power of
legislation
article 123 213
promulgate only when both or either same if bicameral

house not in session
coextensive with legislative same

power of parliament
same force and effect as same

act of parliament
withdraw any time same
not discretionary, only on same

advice of CoM
if parliament takes no same

action on it, ceases to
operate 6 weeks after
reassembly of parliament
maximum life of ordinance same

is 6 months and 6 weeks
needs no instruction for no ordinance without

making ordinance instruction for president in 3
cases

comparing pardoning power
can pardon, reprieve, =/= state law

respite, remit, suspend or
commute punishment under
central law
can pardon death sentence cant. but he can suspend, remit

or commute it
grant pardon for no

punishment by military
court
constitutional position
article 53, 74, 75 article 154, 163, 164
article 53 - executive power article 154

of union vested with
president
article 74 - CoM to aid and article 163 - except when he is

advice president, 42nd CAA required to act in his discretion
- advice binding
44th CAA - can return
matter for reconsideration,
but reconsidered advice
binding

article 75 article 164
● Prime Minister shall ● States of Chhattisgarh,

be appointed by the Jharkhand, Madhya
President and the Pradesh and Odisha,
other Ministers shall there shall be a Minister
be appointed by the in charge of tribal
President on the welfare
advice of the Prime ● number of Ministers,
Minister including the Chief
● total number of Minister in a State shall
ministers including not be less than twelve
PM shall not exceed
15% of total
members of house -
recommendation of
national commission
for review of
working of
constitution
(NCRWC)
● person disqualified
under 10th schedule
not eligible to be
appointed as
minister
● ministers hold office
during pleasure of
president
● CoM collective
responsibility to LS
● before minister
enters office,
president shall
administer him oath
of office and
secrecy
● minister who for any
consecutive period
of 6 months not
member of house,
ceases to be
minister
● salaries and
allowances
determined by
parliament

no constitutional discretion ● reserve bill for president

situational discretion: ● recommend imposition
of president rule
● appointment of PM ● while exercising his
when no clear function as
majority administrator of
● dismissal of CoM adjoining UT
when cant prove ● determine amount
confidence payable by govt of
● dissolution of LS Assam, Meghalaya,
when CoM lost Tripura and Mizoram
majority (AMTM) to autonomous
tribal district council as
royalty accruing from
licences for mineral
exploration
● same situational
discretionary powers as
president
Pardoning power of President
● It is independent of judiciary, it is executive power, done on advice of CoM

● H+"*418+5,4&A',(#-'(%41A$%#(@"4/(+&&(,'1#'1%',D(901$,-/'1#,(+1*(*$,`0+&$@$%+#$41,
● >4//0#+#$418,05,#$#0#$41(4@(41'(@4"/(4@(901$,-/'1#(@4"(+(&$C-#'"(@4"/
● a'/$,,$418"'*0%$1C(#-'(9'"$4*(4@(,'1#'1%'(.$#-40#(%-+1C$1C($#,(%-+"+%#'"
● a',9$#'8+.+"*$1C(+(&',,'"(,'1#'1%'($1(9&+%'(4@(41'(4"$C$1+&&:(+.+"*'*(*0'(#4(,4/'(
,9'%$+&(@+%#D(,0%-(+,(#-'(9-:,$%+&(*$,+5$&$#:_9"'C1+1%:
● a'9"$'A'8,#+:(4@(#-'('['%0#$41(4@(+(,'1#'1%'(N',9'%$+&&:(#-+#(4@(*'+#-P(@4"(+(#'/94"+":(
9'"$4*F
Comparison between President and Vice-President
Subject President Vice-President

election By electoral college consisting By electoral college consisting
elected members of RS & LS & elected and nominated
SLAs & UT of delhi and members of RS & LS
puducherry

Value of vote of all MLAs is not same. Value of vote of all MPs is
same. Combined vote of all MLAs is roughly equal to combined
vote of all MPs.
Method Secret ballot Secret ballot
Election dispute SC decision final SC decision final
If election declared void, all acts If election declared void, all
done are not invalidated acts done are not invalidated
Qualification ● Qualified for election as ● Qualified for election as
member of LS member of RS
● Citizen of India ● Citizen of India
● Age: 35 years ● Age: 35 years
● No office of profit ● No office of profit
Oath CJI or senior most judge in President or some person
administered by absence appointed by him
Conditions of ● should not be MP/MLA ● should not be MP/MLA
office ● no office of profit ● no office of profit
● free use of rashtrapati
bhavan
● Emoluments, allowances
and privileges
determined by
parliament
● Emoluments, allowances
can’t be diminished
during his term
Term of office 5 years, resign to VP 5 years, resign to President
Removal On grounds of violation of No grounds of removal
constitution — not mentioned in
defined in constitution constitution
what constitutes violation
Impeachment ?/9'+%-/'1#(%-+"C',( No formal impeachment.
process Removed by effective
,$C1'*(5:(<_)#-(/'/5'",(
majority (majority of all
4@(-40,'8<)(*+:,U( of the then members) in
+*A+1%'(14#$%'(#4( RS and simple majority
9"',$*'1#(8/4#$41( in LS
9+,,'*(5:(2_3"*(4@(#4#+&(
/'/5'",-$9($1(54#-(
-40,',
Impeachment participants —
all MPS of RS &LS

Salary Charged on consolidated same

fund of india
Note: VP discharges the duties of president in all cases except when there is delay to elect a
new president. VP can act as president only for a maximum period of 6 months.
Prime Minister and Chief Minister
Subject PM CM
Appointment ● !"#$%&'(WE8H^(,-+&&(5'( ● !"#$%&'(<6)8>^(5:(
+994$1#'*(5:(9"',$*'1#( C4A'"14"(
● No need to prove ● No need to prove
majority before majority before
appointment as PM appointment as PM
● Person who is not MP ● Person who is not MP
can be appointed as can be appointed as
PM for 6 months PM for 6 months
● PM can be member of ● PM can be member of
either house either house
Oath Administered by president By governor
Term Not fixed, at pleasure of Not fixed, at pleasure of
president governor
Salaries Determined by parliament By state legislature
Miscellaneous ● Advices president wrt Same
summoning and
proroguing session of
parliament
● Recommends
dissolution of LS
● PM is known as crisis
manager in chief in
emergent situations
● Political head of
services
Article 74: CoM to aid and Article 163: CoM to aid and
advice president advice governor except when
governor is required to act in
discretion
Central council of ministers and state council of ministers

Subject Central CoM State CoM

Constitutional ● Article 74: CoM to aid ● Article 163: CoM to aid
provisions and advice president and advice governor
● Advice tendered by except when governor
ministers shall not be is required to act in
enquired into any discretion. If any
court question arises whether
● Total no. of ministers matter falls in
including PM in CoM governor’s discretion or
shall not exceed 15% not, governor’s decision
of total strength of LS will be final
(91st CAA) ● Advice tendered by
● Ministers hold office ministers shall not be
during pleasure of enquired into any court
president ● Total no. of ministers
● CoM are collectively including CM in CoM
responsible to LS shall not exceed 15% of
● Every minister shall total strength of LS
have right to speak (91st CAA)
and take part in ● Ministers hold office
proceedings of either during pleasure of
house & committee of president
house, without right to ● CoM are collectively
vote responsible to SLA
● Any exercise of ● Every minister shall
executive power by have right to speak and
president without aid take part in proceedings
and advice of CoM is of either house &
unconstitutional committee of house,
without right to vote
● Generally, governor
acts on aid ad advice of
CoM; but there is
discretionary power with
governor as well
Oath Administered by president By governor
Salaries Determined by parliament By state legislature
● Collective responsibility means cabinet decisions bind CoM

● President/governor can remove a minister only on advice of PM/CM
● O4(&'C+&("',941,$5$&$#:(8+1(4"*'"(4@(H"',$*'1#_C4A'"14"(@4"(905&$%(+%#(1''*(14#(5'(
%401#'",$C1'*(5:(/$1$,#'"(
● Courts are barred from enquiring into nature of advice rendered by ministers
Composition of CoM

Cabinet ministers Minister of state Deputy minister

Heads important ministries Either independently Not given independent
charged or attached to charge. Attached to
cabinet ministers. When cabinet ministers.
attached, work under
cabinet ministers. When
independent, same power
like cabinet minister in that
department; but they are
not members of cabinet
committee and dont attend
meeting unless specially
involved
Parliamentary secretaries
● No department under their control

● Last category of CoM
● Assist seniormost members in discharge of their duties
● Not mentioned in constitution
Cabinet
● Highest decision making body

● Chief policy formulating body
● Supreme executive authority, enforces collective responsibility of CoM to LS
● Mentioned in constitution
Cabinet Committees
● extra-constitutional in emergence. In other words, they are not mentioned in the

Constitution
● two types–standing and ad hoc. The former are of a permanent nature while the latter
are of a temporary nature.
● set up by the Prime Minister
● membership varies from three to eight
● mostly headed by the Prime Minister. Some times other Cabinet Ministers, particularly
the Home Minister or the Finance Minister, also acts as their Chairman. But, in case the
Prime Minister is a member of a committee, he invariably presides over it
● not only sort out issues and formulate proposals for the consideration of the Cabinet, but
also take decisions. However, the Cabinet can review their decisions.
● They are an organisational device to reduce the enormous workload of the Cabinet
Group of Ministers
● constituted to look into different issues / subjects

● Some of these GoMs are empowered to take decisions on behalf of the Cabinet
whereas the others make recommendations to the Cabinet

● institution of GoMs has become a viable and effective

● instrument of coordination among the ministries.
● These are ad hoc bodies
Parliament
Subject Lok sabha Rajya sabha

Maximum 552 250
strength
Strength at 543 (530 states, 13 UTs) 245 (229 states, 4 UTs, 12
present president nominated)
Representation Directly elected by people Elected by elected members of
of states from territorial constituencies SLAs, seats allocated on the
basis of population
Representation Parliament prescribes it, Indirectly elected by members of
of UTs accordingly, UT act enacted, electoral college specially
Directly elected by people constituted, only for Delhi and
from territorial constituencies Puducherry
Nominated President can nominate 2 President can nominate 12 from
members anglo indians (discontinued art, literature, science and social
by 104th CAA) service
System of Territorial representation— Proportional representation,
election reservation of seats for SC/ST removes defect of Territorial
on basis of population representation, smallest section
gets due share in legislature
Note: Proportional representation using single transferable vote used for election of
president, vice president, state legislative council, rajya sabha
duration Normal term 5 years from the Permanent body not subject to
date of its first meeting dissolution; 1/3rd retire every 2
years
Constitution has not fixed term

of rajya sabha members; RPA
1951 fixed term at 6 years
>-+"#'"(+%#(<7E3(@4"(#-'(@$",#(#$/'(9"4A$*'*(,4/'(,4"#(4@(&'C$,&+#0"'($1(#-'(@4"/(4@(<2(
/'/5'"(&'C$,&+#0"'8%"'+#$1C(@4"(#-'(@$",#(#$/'D(&'C$,&+#$A'(54*:(*$,#$1%#(@"4/(
'['%0#$A'

Qualification of ● Citizen of india ● Citizen of india

MP as per ● 25 years age ● 30 years age
constitution ● Subscribe to oath ● Subscribe to oath before
before a person a person authorised by
authorised by ECI ECI
Disqualification ● No office of profit ● No office of profit
of MP as per ● If declared of unsound ● If declared of unsound
constitution mind by court mind by court
● Undischarged ● Undischarged insolvent
insolvent ● Loss of citizenship
● Loss of citizenship ● Disqualified under any
● Disqualified under any law made by parliament
law made by
parliament
Disqualification ● Voluntarily gives up ● Voluntarily gives up
on grounds of membership of party membership of party on
10th schedule on whose ticket whose ticket elected
(decided by elected ● abstain/against voting
speaker, subject ● abstain/against voting than direction given by
to judicial review) than direction given by party
party ● Independent MP joins a
● Independent MP joins political party
a political party ● Nominated member joins
● Nominated member any party after expiration
joins any party after of 6 months
expiration of 6 months
Oath of MP !*/$1$,#'"'*(5:(9"',$*'1#( Oath administered by
chairman
4"(,4/'41'(+994$1#'*(
5:(-$/(89"4(#'/(
,9'+Z'"
\1&',,(+(/'/5'"(#+Z',(4+#-8%+1#(A4#'(+1*(9+"#$%$9+#'($1(9"4%''*$1C,(4@(-40,'D(14#(
'&$C$5&'(@4"(9+"&$+/'1#+":(9"$A$&'C',(+1*($//01$#$',(
Subject Speaker Chairman

Election and Elected from LS from amongst VP is ex-officio chairman
tenure its members
K+#'(4@('&'%#$41(4@(,9'+Z'"(
89"',$*'1#(

removal a',$C1(#4(*'90#:(,9'+Z'"Y( Resign to president

"',4&0#$41(@4"("'/4A+&(N/4#$41( "',4&0#$41(@4"("'/4A+&(N/4#$41(
%41,$*'"'*(41&:(.-'1($#(-+,( %41,$*'"'*(41&:(.-'1($#(-+,(
,0994"#(4@(E=(/'/5'",P8<)( ,0994"#(4@(E=(/'/5'",P8<)(
*+:,U(+*A+1%'( *+:,U(+*A+1%'(14#$%'8'@@'%#$A'(
14#$%'8'@@'%#$A'(/+;4"$#:( /+;4"$#:("'`0$"'*(
Cant preside over house when
"'`0$"'*(
resolution for removal under
Cant preside over house
consideration
when resolution for removal
But can participate in first
under consideration
instance (can’t vote )
But can vote and participate in
first instance
Salary Charged on consolidated fund Same
of india (CFI)
Special powers Decides whether a bill is
enjoyed by money bill or not; presides
speaker over joint sitting
Casting vote Yes Yes

Roles, functions ● Guardian of power and

and powers privileges of members,
house, committees
● Derives power from
constitution, conduct of
business, rules of
procedure,
parliamentary
conventions
● Final interpreter of
provisions of
constitution, rules of
procedure etc within
the house
● Adjourns house in
absence of quorum
● Ex-officio chairman of
interparliamentary
group
● Appoints chairman of
all parliamentary
committees of LS
● Chairman of business
advisory committee,
rules committee and
general purpose
committee
● Has security of tenure
● Work and conduct cant
be discussed except
on substantive motion
● His administrative
power in house not
subject to jurisdiction
of any court
Deputy speaker Deputy chairman

● Date of election ● —
decided by speaker ● Resigns by writing to
● Resigns by writing to speaker
speaker ● a'/4A+&8,+/'(+,(
● a'/4A+&8,+/'(+,( ,9'+Z'"(
,9'+Z'"( ● Performs duties of
● Performs duties of speaker when speaker is
speaker when speaker absent or vacant
is absent or vacant ● Not subordinate to
● Not subordinate to speaker
speaker ● —
● Whenever appointed ● Has casting vote
as member of ● Salary charged on CFI
parliamentary
committee, becomes
chairman
● Has casting vote
● Salary charged on CFI
● H4,#(4@(,9'+Z'"(+1*(*'90#:(,9'+Z'"(@$",#(%+/'($1(<V2<8(b4?(+%#(<V<V(N.'"'(%+&&'*(
9"',$*'1#(+1*(*'90#:(9"',$*'1#(#-'1P
● Q"'*'"$%Z(.-:#'(+1*(,+%-$*+1+1*(,$1-+8<,#(,9'+Z'"(+1*(*'90#:(,9'+Z'"(4@(%'1#"+&(
&'C$,&+#$A'(+,,'/5&:(N>G!P
● M$##-+&5-+$(9+#'&8(@$",#($1*$+1(+1*(<,#('&'%#'*(,9'+Z'"(4@(>G!
● Speaker and deputy speaker do not subscribe to any separate oath
Vacating of seats by MPs:
● K405&'(/'/5'",-$98C$A'1($1(aH!(<VE<
○ If a person is elected to both the Houses of Parliament, he must intimate within
10 days in which House he desires to serve. In default of such intimation, his
seat in the Rajya Sabha becomes vacant.
○ If a sitting member of one House is also elected to the other House, his seat in
the first House becomes vacant.
○ If a person is elected to two seats in a House, he should exercise his option for
one. Otherwise, both seats become vacant.
○ Similarly, a person cannot be a member of both the Parliament and the state
legislature at the same time. If a person is so elected, his seat in Parliament
becomes vacant if he does not resign his seat in the state legislature within 14
days
● Disqualification
● a',$C1+#$418#4(,9'+Z'"(4@(GI(4"(%-+$"/+1(aI(5:("',9'%#$A'(^H,
● !5,'1%'(8($@(+5,'1#(@"4/(+&&(/''#$1C,D(6=(*+:,(.$#-40#(9'"/$,,$41
● c#-'"(8(&$Z'($@(+994$1#'*(+,(C4A'"14"

If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to
declare the election void. This matter is dealt by the Representation of the People Act (1951),
which enables the high court to declare an election void if a disqualified candidate is elected.
The aggrieved party can appeal to the Supreme Court against the order of the high court in this
regard.
Panel of Chairpersons of LS (RS)
● Speaker (Chairman) nominates from amongst the members a panel of not more than ten
chairpersons. (not more than 6)
● Any of them can preside over the House in the absence of the Speaker or the Deputy
Speaker (chairman or deputy chairman)
● When a member of the panel of chairpersons is also not present, any other person as
determined by House acts as the Speaker. (chairman)
● When the office of the Speaker or the Deputy Speaker (chairman or deputy chairman) is
vacant, the Speaker’s (chairman’s) duties are to be performed by such member of the
House as the President may appoint for the purpose.
G'+*'"(4@(#-'(-40,'(8(/'1#$41'*($1("0&',(4@(&4Z(,+5-+_"+;:+(,+5-+Y(H^($,(&'+*'"(4@(-40,'($@(
/'/5'"(4@(GID($@(H^(14#(/'/5'"(4@(-40,'D(#-'1(^H(14/$1+#'*(5:(H^(+%#,(+,(&'+*'"(4@(-40,'(
G'+*'"(4@(4994,$#$41(8&'+*'"(4@(&+"C',#(4994,$#$41(9+"#:(-+A$1C(<_<=#-(#4#+&(,#"'1C#-(4@(-40,'Y(
,#+#0#4":(,$1%'(<VWW
d-$9(8(/'1#$41'*(14.-'"'($1(%41,#$#0#$41D(/'1#$41'*($1(+(,#+#0#'Y($#($,(5+,'*(41(9+"&$+/'1#+":(
%41A'1#$41Y(+994$1#'*(5:(9+"#:(#4(,'"A'(+,(+,,$,#+1#(@&44"(&'+*'"(
Sessions of parliament
● Summoning
○ The president from time to time summons each House of Parliament to meet.
○ But, the maximum gap between two sessions of Parliament cannot be more than
six months. Usually 3 sessions.
○ A ‘session’ of Parliament is the period spanning between the first sitting of a
House and its prorogation (or dissolution in the case of the Lok Sabha)
○ The period spanning between the prorogation of a House and its reassembly in a
new session is called ‘recess’.
● !*;40"1/'1#(8!(,$##$1C(4@(H+"&$+/'1#(%+1(5'(#'"/$1+#'*(5:(+*;40"1/'1#(4"(+*;40"1/'1#(
,$1'(*$'(4"(9"4"4C+#$41(4"(*$,,4&0#$41(N$1(#-'(%+,'(4@(#-'(G4Z(I+5-+PF(!1(+*;40"1/'1#(
,0,9'1*,(#-'(.4"Z($1(+(,$##$1C(@4"(+(,9'%$@$'*(#$/'D(.-$%-(/+:(5'(-40",D(*+:,(4"(.''Z,F
● Adjournment sine die means terminating a sitting of Parliament for an indefinite period.
● H"4"4C+#$418$,,0'*(5:(9"',$*'1#(.-'1(50,$1',,(4@(,',,$41($,(%4/9&'#'
● Dissolution
○ Rajya Sabha, being a permanent House, is not subject to dissolution. Only the
Lok Sabha is subject to dissolution.

○a dissolution ends the very life of the existing House, and a new House is
constituted after general elections are held
○ a dissolution ends the very life of the existing House, and a new House is
constituted after general elections are held
○ When the Lok Sabha is dissolved, all business including bills, motions,
resolutions, notices, petitions and so on pending before it or its committees
lapse. However, some pending bills and all pending assurances that are to be
examined by the Committee on Government Assurances do not lapse on the
dissolution of the Lok Sabha.
○ A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or
transmitted to it by the Rajya Sabha).
○ A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
○ A bill not passed by the two Houses due to disagreement and if the president has
notified the holding of a joint sitting before the dissolution of Lok Sabha, does not
lapse.
○ A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not
lapse.
○ A bill passed by both Houses but pending assent of the president does not lapse.
○ A bill passed by both Houses but returned by the president for reconsideration of
Houses does not lapse.
● Lame-duck Session It refers to the last session of the existing Lok Sabha, after a new
Lok Sabha has been elected.
G+1C0+C'(4@(9+"&$+/'1#(8(-$1*$(+1*('1C&$,-D(+%%4"*$1C(#4(%41,#$#0#$41Y(50#(,9'+Z'"(%+1(9'"/$#(
41'(#4(,9'+Z($1(/4#-'"(#41C0'(
Question Hour
● The first hour of every parliamentary sitting is slotted for this. During this time, the
members ask questions and the ministers usually give answers. The questions are of
three kinds
● A starred question (distinguished by an asterisk, printed in Green colour) requires an oral
answer and hence supplementary questions can follow.
● An unstarred question, (printed in white colour) requires a written answer and hence,
supplementary questions cannot follow.
● A short notice question (printed in light pink) is one that is asked by giving a notice of
less than ten days. It is answered orally.
● In addition to the ministers, the questions can also be asked to the private members.
Zero Hour
● Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure. Thus
it is an informal device available to the members of the Parliament to raise matters
without any prior notice.
● The zero hour starts immediately after the question hour and lasts until the agenda for
the day (ie, regular business of the House) is taken up.

Parliamentary motions
Name About
Substantive Motion ● For very imp matter like impeachment of

president, removal of CEC, Speaker's
conduct in house, etc
Resolution ● To draw attention of house/govt to matter of

general public importance
● One who has moved cant withdraw the same
except by leave of house
○ H"$A+#'(/'/5'"U,(
"',4&0#$418*$,%0,,'*(41&:(41(
+&#'"1+#'(@"$*+:,(41(+@#'"1441
○ b4A'"1/'1#("',4&0#$418/41*+:(#4(
#-0",*+:
○ I#+#0#4":("',4&0#$418%+1(5'(/4A'*(
5:(9"$A+#'(4"(C4A#(/'/5'"
Substitute motion ● For superseding original motion
Subsidiary motion ● Always with reference to original motion

○ Used as regular way of proceeding
● Ancillary with various kinds of business
motion: ○ Seek to supersede issue in debate
● Superseding ○ modify only part of motion
Motion:
● Amendment
motion:
Closure Motion ● Cut short debate on matter and put to vote
○ Put to vote after sufficient discussion
● Simple closure: ○ Lengthy resolution grouped into parts,
● Closure by discussion covers that part & that part
Compartment: put to vote
● Kangaroo ○ Only imp clauses are taken for debate
closure: and vote, rest are taken as passed
● Guillotine ○ Undiscussed part along with
closure: discussed part is put to vote

Privilege Motion ● Moved against minister (for hiding or

distorting fact) or private member for breach
of privilege
● To censure minister
Calling Attention ● To call attention of minister to matter of

Motion urgent public importance
● Rules of procedure since 1954
Adjournment Motion ● To draw attention of house to matter of

definite public importance
● Need support of 50 members to be admitted,
Discussion > 2.5 hrs
● Suspends proceedings before house, involve
element of censure against govt
Censure Motion ● To censure Minister or CoM for specific

actions and policies
● Need to state reason for adoption
No confidence motion ● For ascertaining confidence of LS in CoM

● Need support of 50 members to be admitted
Motion of Thanks ● First session of each year and first session

after each general election address by
President
● Motion must be passed otherwise amounts to
defeat of govt
No day yet named ● Motion admitted but no date is fixed for

motion discussion

Point of Order ● Usually by Opposition, When procedure don't

follow normal rules of procedure
● No debate allowed
● Extraordinary device to control govt
Special Motion ● Matter which cannot be taken up during any

other instrument
Budget Related Motions
Policy Cut Motion ● Disapproval of policy underlying demand

● amount be reduced to Rs.1
Economy Cut Motion ● Amount reduced by specified amt (Lump

sum)
Token Cut Motion ● Ventilates specific grievances that is within

sphere of responsibility of govt
● Amount be reduced by Rs.100
Note
● All resolutions--> Substantive motion--> Need to be voted upon

● All motions need not to be voted upon
The President's address under Article 86 has not been exercised since the commencement of
the constitution. The President's address under Article 87 is called "special address" = This
address has to be to both houses assembled together.
Grants

Grant About
Supplementary Granted when amt for particular service granted by

Grant appropriation act is insufficient
Excess Grant Voted by LS after financial year when money spent >
Money granted for service
Must be approved by Public Account Committee before
voting
Additional Grant Additional expenditure on new service
Vote of Credit For meeting unexpected demand, like blank cheque to

govt
Exceptional Grant for special purpose; forms no part of current

Grant expenditure of any year
Token Grant Reappropriation-->Transfer of funds from one head to

another, doesn't involve additional expenditure
Parliamentary Committees
● Created under rules of procedure of Lok Sabha

● origin of Committee system in India can be traced back to the Constitutional Reforms of
1919.
● To assist parliament in discharge of its duties
● Composition, function, tenure etc dealt by rules of two houses
● Appointed /elected by house or nominated by presiding officer
● Works under presiding officer
● Submit report to house or presiding officer
● Secretariat provided by house
● Consultative committees are not parliamentary committees
Financial Committees

Public Accounts ● 1st set up in 1921 under GoI act, 1919

Committee ● Members: 15 (LS) + 7 (RS);
● Election by PRSTV
● Chairman: Conventionally LoO appointed by
Speaker
● Term 1 Year
● Minister can't be a member
● Function: To examine annual audit report of
CAG
● CAG acts as friend, guide
● Not an executive body
Estimates committee ● Origin traced to Standing financial committee

set up in 1921
● In 1950 on recommendation of John Mathai
● Members: 30 (LS) ;
● Election by PRSTV
● Chairman: From Ruling party appointed by
Speaker
● Term 1 Year
● Function: Examine estimates included in
budget and suggest economies in public
expenditure (Continuous economy committee)
Committee on Public ●
Undertakings On recommendation of Krishna Menon
committee
● Members: 15 (LS) + 7 (RS); Election by PRSTV
● Chairman:From LS only appointed by Speaker
● Term 1 Year
● Function: To examine CAG report on Public
undertakings
Departmental Standing Committees

● To secure more accountability of executive, particularly financial

accountability
● 24 in total : 16 works under LS and 8 under RS
● Members: 31 (21 LS + 10 RS), Nominated by Speaker and Chairman, 1
year
● Minister can't be member
● Chairman: Appointed by Speaker (LS) and Chairman (RS)
● Function: Consider demand for grants by each ministries, examine bill
pertaining to that ministry, etc
Committees to Inquire
Committee on ● Present in both houses separately

Petitions ● Examines Petitions on bills and matters of
general public importance

Privileges ● Semi judicial in function
● Examines breach of privilege of house,
member
Ethics committee ● Present in both houses separately

● Enforces code for MP, maintaining decorum
and discipline in parliament
Committee to Scrutinise and Control
Committee on Govt ● Present in both houses separately

Assurances ● Examines promises given by govt

Subordinate
legislation


Papers laid on table ● Whether papers laid on table by ministries
complies with constitution
Committee on ● RS+LS joint

welfare of SC, ST
Committee on ● RS+LS joint

empowerment of
women
Joint committee on ● RS+LS joint

Office of Profit
Committees relating to Day to Day Business of house
Business advisory ● Present in both houses separately

committee ● Chairman: Presiding officer
● Regulates program and time table of house
Committee on ● LS only (RS--> BAC)

Private member's bill ● Chairman: Deputy speaker
and resolution ● Allocates time for same
Rules Committee ● Present in both houses separately

● Chairman: Presiding officer
Committee on ● LS only (RS--> House)

Absence of Members

Housekeeping Committees
General Purpose ● Present in both houses separately

committee
House Committee ● Present in both houses separately

● Accommodation and other amenities
Library committee ● RS+LS joint
Joint committee on ● RS+LS joint

salaries and ● Constituted under salary, allowances and
allowances of pensions of members of parliament act, 1954
members
Consultative Committees
● Not parliamentary committee

● constituted by ministry of parliamentary affairs
● Attached to various ministries, departments
● RS+LS joint
● Chairman: Minister in-charge of concerned ministry
● Forum for informal discussion between MPs and Minister
● Dissolve and constituted with LS
● Membership voluntary = max 30 min 10
Ad hoc committees
1. Inquiry = to enquire into specific subjects

2. Advisory = consider and report on particular bills
Legislative procedure in parliament

Legislative procedure for ordinary bill
● First reading
○ Member who wants to introduce bill asks for leave of house
○ No discussion on bill
○ Constitutes introduction of bill and its publication in gazette
● Second reading
○ Most important stage
○ 3 sub-stages
■ Stage of general discussion
● Principles of bill and its provisions are discussed generally
● Details of bill not discussed
● Actions that can be taken:
● Take bill into consideration immediately or at fixed date
● Refer to select committee or joint committee the bill
● Circulate bill to elicit public opinion
■ Committee stage
● B$&&("'@'""'*(#4(,'&'%#(%4//$##''8'[+/$1'(5$&&(#-4"40C-&:8%+1(+&,4(
+/'1*(9"4A$,$41,(50#(%+1#(%-+1C'(5$&&U,(9"4A$,$41,(
■ Consideration stage
● >41,$*'"+#$41(4@(5$&&8%&+0,'(5:(%&+0,'(8'+%-(%&+0,'(A4#'*(
,'9+"+#'&:
● Amendment can be moved
● Third reading
○ Debate confined to acceptance or rejection of bill
○ No amendments are allowed
● Bill in second house

○ Passes through all 3 stages

○ Alternatives available to the second house
■ Pass without amendment
■ Pass with amendment and send back to first house
■ Rejection of bill
■ Take no action
● Assent of the President
○ There are three alternatives before the president:
○ (a) he may give his assent to the bill; or
○ (b) he may withhold his assent to the bill; or
○ (c) he may return the bill for reconsideration of the Houses.
○ If the President withholds his assent to the bill, it ends and does not become an
act.
○ If the President returns the bill for reconsideration and if it is passed by both the
Houses again with or without amendments and presented to the President for his
assent, the president must give his assent to the bill. Thus, the President enjoys
only a “suspensive veto.”
Deadlock occurs when:
● First house rejects amendments suggested by second house

● Second house takes no action on bill for 6 months
● Second house rejects the bill
● ]4("'/4A'(,0%-(*'+*&4%ZD(9"',$*'1#(%+1(,0//41(;4$1#(,$##$1C8$@(9+,,'*(5:(,$/9&'(
/+;4"$#:D(5'%4/',(+1(+%#
Money Bills
● Article 110 of the Constitution deals with the definition of money bills.
● a bill is not to be deemed to be a money bill by reason only that it provides for:
● 1. the imposition of fines or other pecuniary penalties, or
● 2. the demand or payment of fees for licenses or fees for services rendered; or
● 3. the imposition, abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.
● If any question arises whether a bill is a money bill or not, the decision of the Speaker of
the Lok Sabha is final.


Subject Financial bill I Financial bill II

Provision Article 117(1) Article 117(3)
Matter Money bill + other provisions Provisions involving expenditure
from CFI, does not include matters
mentioned in article 110
Can be LS only Both houses
introduced in
President’s Required Needed, otherwise, cant be passed
recommendati by either house
on
Once passed in lok sabha, its Once passed in lok sabha, its like
like ordinary bill ordinary bill
Joint sitting Yes Yes
applicable?
Joint sitting
● Summoned by president in case of deadlock
● Applicable to ordinary bill, financial bill I &II, not application to: money bill, constitution
amendment bill
● ?@(5$&&(01*'"(*$,90#'(&+9,'*(*$,,4&0#$41(4@(GI8(14(;4$1#(,$##$1C(
● Can be held if joint sitting notified before LS dissolution
● H"',$*'*(5:(8(,9'+Z'"D(*'90#:(,9'+Z'"($1(-$,(+5,'1%'D(*'90#:(%-+$"/+1($1(-$,(+5,'1%'D(
$@(*'90#:(%-+$"/+1(#44($,(+5,'1#D(#-'1(9"',$*$1C(4@@$%'"(*'#'"/$1'*(5:(/'/5'",(9"','1#(
*0"$1C(;4$1#(,$##$1C(
● Quorum: 1/10th of total members of two houses
● Rules of procedure of LS governs it
● Bill need to be passed by simple majority
● The Constitution has specified that at a joint sitting, new amendments to the bill cannot
be proposed except in two cases: 1. those amendments that have caused final
disagreement between the Houses; and 2. those amendments that might have become
necessary due to the delay in the passage of the bill.
● Since 1950, the provision regarding the joint sitting of the two Houses has been invoked
only thrice. The bills that have been passed at joint sittings are: 1. Dowry Prohibition Bill,
1960. 2. Banking Service Commission (Repeal) Bill, 1977. 3. Prevention of Terrorism
Bill, 2002.
Budget in parliament
● The Constitution refers to the budget as the ‘annual financial statement’. (article 112)
● The term ‘budget’ has nowhere been used in the Constitution.
● Overall, the budget contains the following: 1. Estimates of revenue and capital receipts;
2. Ways and means to raise the revenue; 3. Estimates of expenditure; 4. Details of the
actual receipts and expenditure of the closing financial year and the reasons for any

deficit or surplus in that year; and 5. Economic and financial policy of the coming year,
that is, taxation proposals, prospects of revenue, spending programme and introduction
of new schemes/projects.
● Till 2017, the Government of India had two budgets, namely, the Railway Budget and the
General Budget
● The President shall in respect of every financial year cause to be laid before both the
Houses of Parliament a statement of estimated receipts and expenditure of the
Government of India for that year.
● No demand for a grant shall be made except on the recommendation of the President.
● No money shall be withdrawn from the Consolidated Fund of India except under
appropriation made by law.
● No money bill imposing tax shall be introduced in the Parliament except on the
recommendation of the President, and such a bill shall not be introduced in the Rajya
Sabha.
● No tax shall be levied or collected except by authority of law.
● Parliament can reduce or abolish a tax but cannot increase it.
● The budget consists of two types of expen-diture–the expenditure ‘charged’ upon the
Consolidated Fund of India and the expenditure ‘made’ from the Consolidated Fund of
India. The charged expenditure is non-votable by the Parliament, that is, it can only be
discussed by the Parliament, while the other type has to be voted by the Parliament.
The budget goes through the following six stages in the Parliament:
1. Presentation of budget.
2. General discussion.
3. Scrutiny by departmental committees.
4. Voting on demands for grants.
5. Passing of appropriation bill.
6. Passing of finance bill.
Funds The Constitution of India provides for the following three kinds of funds for the Central
government:
<F(>41,4&$*+#'*(Q01*(4@(?1*$+(N!"#$%&'(266P(8?#($,(+(@01*(#4(.-$%-(+&&("'%'$9#,(+"'(%"'*$#'*(+1*(+&&(
9+:/'1#,(+"'(*'5$#'*F(
2F(H05&$%(!%%401#(4@(?1*$+(N!"#$%&'(266P(8]-$,($1%&0*',(9"4A$*'1#(@01*(*'94,$#,D(;0*$%$+&(*'94,$#,D(
,+A$1C,(5+1Z(*'94,$#,D(*'9+"#/'1#+&(*'94,$#,D("'/$##+1%',(+1*(,4(41F(]-'(9+:/'1#,(@"4/(#-$,(
+%%401#(%+1(5'(/+*'(.$#-40#(9+"&$+/'1#+":(+99"49"$+#$41F
3F(>41#$1C'1%:(Q01*(4@(?1*$+(N!"#$%&'(26WP(8%"'+#'*(01*'"(%41#$1C'1%:(@01*(4@(?1*$+(!%#($1(
<VE=8]-$,(@01*($,(9&+%'*(+#(#-'(*$,94,+&(4@(#-'(9"',$*'1#D(+1*(-'(%+1(/+Z'(+*A+1%',(40#(4@($#(
#4(/''#(01@4"',''1('[9'1*$#0"'(9'1*$1C($#,(+0#-4"$,+#$41(5:(#-'(H+"&$+/'1#F(]-'(@01*($,(-'&*(5:(
#-'(@$1+1%'(,'%"'#+":(41(5'-+&@(4@(#-'(9"',$*'1#F(G$Z'(#-'(905&$%(+%%401#(4@(?1*$+D($#($,(+&,4(
49'"+#'*(5:('['%0#$A'(+%#$41F

Parliamentary privileges
● Parliamentary privileges are special rights, immunities and exemptions enjoyed by the
two Houses of Parliament, their committees and their members. They are necessary in
order to secure the independence and effectiveness of their actions.
● Without these privileges, the Houses can neither maintain their authority, dignity and
honour nor can protect their members from any obstruction in the discharge of their
parliamentary responsibilities.
● do not extend to the president who is also an integral part of the Parliament.
● Parliamentary privileges can be classified into two broad categories: 1. those that are
enjoyed by each House of Parliament collectively, and 2. those that are enjoyed by the
members individually.
● Individual privileges
○ They cannot be arrested during the session of Parliament and 40 days before the
beginning and 40 days after the end of a session. This privilege is available only
in civil cases and not in criminal cases or preventive detention cases.
○ No member is liable to any proceedings in any court for anything said or any vote
given by him in Parliament or its committees.
○ They can refuse to give evidence and appear as a witness in a case pending in a
court when Parliament is in session.
● It should be noted here that the Parliament, till now, has not made any special law to
exhaustively codify all the privileges. They are based on five sources, namely,
○ 1. Constitutional provisions,
○ 2. Various laws made by Parliament,
○ 3. Rules of both the Houses,
○ 4. Parliamentary conventions, and
○ 5. Judicial interpretations
The doctrine of ‘sovereignty of Parliament’ is associated with the British Parliament. Sovereignty
means the supreme power within the State. The Indian Parliament, on the other hand, cannot
be regarded as a sovereign body in the similar sense as there are ‘legal’ restrictions on its
authority and jurisdiction. The factors that limit the sovereignty of Indian Parliament are:
● Written nature of constitution
● Federal system
● Judicial review
● Fundamental rights
State legislature
● Dealt in part VI, article 168-212

● States having bicameral legislature
○ Andhra pradesh
○ Telangana
○ UP
○ Bihar
○ Maharashtra

○ Karnataka
● Parliament has power to create or abolish state legislative councils under article 169.
SLA resolution need to be passed in that respect with special majority
Subject Assembly Council

Strenght Maximum 500, minimum 60; in Maximum of 1/3rd of total
arunachal pradesh, sikkim and strength of assembly, minimum
goa, minimum strength is 30; 40
in mizoram and nagaland, Actual strength of council is
minimum strength is 40 and 46 determined by parliament
respectively
Nominated and 1 member from anglo indian ● 1/3rd elected by local
elected community nominated by bodies
members governor (ceased after 104th ● 1/12th elected by
CAA), rest elected by territorial graduates of standing and
representation residing in state
Reservation of seats for SC/ ● 1/12th elected by teachers
ST as per population of 3 years standing and
residing in state, not lower
than secondary school
● 1/3rd elected by MLAs
● 1/6th nominated by
governor from art,
literature, science, social
service and cooperative
movement
duration ● 5 years from date of ● Continuing chamber like
election rajya sabha
● Term of assembly can ● 1/3rd members retire
be extended during a every 2nd year
period of national ● Term of 6 years
emergency by law of
parliament 1 year at a
time for any length
Qualification of Same as LS member Same as RS member
ML:A as per A person to be elected to SLC
constitution must be an elector for an
assembly constituency in that
state;
To be qualified for governor’s
nomination, he must be resident
in concerned state
Disqualification Same as mentioned for MP Same as mentioned for MP
under
constitution
Oath Administered by governor or Administered by governor or
some person appointed by him some person appointed by him

Vacation of Same as MPs except;

seats If a person is elected to both
houses, his seat in one house
falls vacant as per provisions
of law made by state
legislature
G+1C0+C'($1(IG!_IG>e(+,(9'"(%41,#$#0#$418(4@@$%$+&(&+1C0+C'(4@(,#+#'(4"(-$1*$(4"('1C&$,-Y(50#(
9"',$*$1C(4@@$%'"(/+:(9'"/$#(/'/5'"(#4(+**"',,(-40,'($1(/4#-'"(#41C0'



Judge of SC Judge of HC
Qualifica ● CoI. ● CoI.

tion ● Judge of HC for five ● Judicial office for ten yrs in
years or Indian territory
● Adv of HC for ten years ● Adv of HC for ten yrs
or
● Distinguished jurist in NOTE- No min age, No
the opinion of president distinguish jurist
NOTE- No min age criteria

Tenure Until 65 years of age Until 62 years of age
Any question regarding his age Transfer- By President after

determined by such authority consultations with collegium
as provided by Parliament consisting CJI and 4 Senior
Judges of SC, CJ of concerned
HCs
Any question regarding his age =

president in consultation with CJI
Appoint Appointed by President after Appointed by President after
ment consultations with collegium consultations with collegium
consisting CJI and 4 Senior consisting CJI and 2 Senior
Judges of SC Judges of SC, Governor and CJ
of concerned HC
CJI is always senior most
judge CJ appointment = president in
consultation with CJI and
governor
Oath President or Person appointed Governor or Person appointed by
by him him
Resignati To President To President

on Note- Not to CJI Note- Not to CJ of HC or
Governor

Removal Ground- Proved misbehaviour Ground- Proved misbehaviour or

or incapacity incapacity
Impeachment motion does not Impeachment motion does not

lapse on dissolution of LS lapse on dissolution of LS
Impeachment motion to be Impeachment motion to be

passed on the same session passed on the same session
Removal signed by 50 Removal signed by 50 members

members of RS and 100 of RS and 100 members of LS,
members of LS, speaker may speaker may or may not admit if
or may not admit if admitted, 3 admitted, 3 members committee
members committee appointed appointed to investigate charges -
to investigate charges - CJI or CJI or judge of SC, CJ HC,
judge of SC, CJ HC, eminent eminent jurist, if committee finds
jurist, if committee finds guilty guilty house takes up motion
house takes up motion
By- President on reco of
By- President on reco of Parliament (Resolution passed by
Parliament (Resolution passed special majority-2/3rd P&V +
by special majority-2/3rd P&V Majority of total strength
+ Majority of total strength
independ 1. mode of appointment Same
ence of 2. security of tenure
court 3. fixed service conditions NOTE-Can practice after
4. expenses charged on retirement only before SC and
CFI other HCs
5. conduct of judges cant
be discussed except on
impeachment motion
6. ban on practice after
retirement
7. power to punish for its
contempt
8. freedom to appoint its
staff
9. jurisdiction cant be
curtailed
10. separation from
executive

Appoint By CJI-Ad hoc judge, Retired By President- Additional, acting

ments judge as judge of SC for temp judges
period both with previous By CJ of HC- Retired judge with
consent of president, Officers previous consent of President,
and staff of SC w/o Officers and staff of HC w/o
interference of executives interference of executives
original ● dispute between ● matters of admiralty, will,
jurisdicti different units of marriage, divorce,
on federation (no UT) contempt of court,
● exclusive original company laws
jurisdiction for disputes ● dispute relating to election
regarding election of of member of parliament
president and VP and SL
● questions of political ● regarding revenue matter
nature excluded ● enforcement of FR
● private citizen vs centre
or state not entertained
● does not extend to
○ dispute arising
out of pre
constitution
treaty
○ inter state water
dispute
○ matters referred
to finance
commission
writ ● art 32 ● art 226
jurisdicti ● for FR only ● for FR + other legal rights
on ● parliament can confer
power on SC to issue
writs for other purposes

appellate ● civil matter ● civil

jurisdicti ● criminal matter ● criminal
on ● constitutional matter
● special leave petition
Article 136
○ can be filed
against
judgement of
any HC/tribunal
○ not for court
martial and
military tribunal
○ can be filed in
case HC refuses
to grant
certificate of
fitness for
appeal to SC
○ discretionary,
not a matter of
right

other ● advisory jurisdiction ● supervisory jurisdiction

○ art 143 allows ○ over all courts and
president to tribunals
seek opinion of functioning in
SC in 2 cases territorial
■ question jurisdiction
of public ● control over subordinate
imp courts
■ dispute ● court of record
arising ● power of JR
out of
pre const
treaty
(SC
must
tender
opinion)
○ non binding
● court of record
● power of JR
curative petition
● last judicial resort

available for redressal
of grievances
● discretionary,
mentioned in constn art
137
● available after
exhausting review
petition
Miscellan SC Replaced British privy Constitution provides HC for each
eous council as highest court of state. 7th CA - authorised
appeal. parliament to estb common high
court.
Constitution = CJI +7 Judges,
until parliament prescribes. Act Institution of HC in india =1862
in 2019 = CJI +33
constitution doesn't prescribe
strength of HC, president
determines

Salary can't be varied to Salary can't be varied to

disadvantage except during disadvantage except during
financial emergency financial emergency
Subordinate courts
● Appointment of district judges
○ By governor in consultation with HC
○ Qualification
■ Should not already be in service of central/state govt
■ Advocate or pleader for 7 years
■ Recommended by HC for appointment
● Appointment of other judges
○ Governor in consultation with HC and state public service commission
○ Control of subordinate courts is vested with HC
● District and sessions court has original and appellate jurisdiction in civil and criminal
matters
○
○ The sessions judge has the power to impose any sentence including life
imprisonment and capital punishment (death sentence). However, a capital
punishment passed by him is subject to confirmation by the High Court, whether
there is an appeal or not.
○ Below the District and Sessions Court stands the Court of Subordinate Judge on
the civil side and the Court of Chief Judicial Magistrate on the criminal side. The
subordinate judge exercises unlimited pecuniary jurisdiction over civil suits3 . The
chief judicial magistrate decides criminal cases which are punishable with
imprisonment for a term up to seven years
○ At the lowest level, on the civil side, is the Court of Munsiff and on the criminal
side, is the Court of Judicial Magistrate. The munsiff possesses limited
jurisdiction and decides civil cases of small pecuniary stake4 . The judicial
magistrate tries criminal cases which are punishable with imprisonment for a
term up to three years
National legal services authority
● Article 39A of the Constitution of India provides for free legal aid to the poor and weaker
sections of the society and ensures justice for all.

● Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure
equality before law and a legal system which promotes justice on the basis of equal
opportunity to all.
● The National Legal Services Authority (NALSA) has been constituted under the Legal
Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid
programmes and to lay down policies and principles for making legal services available
under the Act.
● In every State, a State Legal Services Authority and in every High Court, a High Court
Legal Services Committee have been constituted. The District Legal Services
Authorities, Taluk Legal Services Committees have been constituted in the Districts and
most of the Taluks to give effect to the policies and directions of the NALSA
● Based on gandhain principles
● Q$",#(&4Z(+*+&+#(8(b0;+"+#D(<V72
● Consists of judicial officer as chairman, lawyer and a social worker
● It has powers of civil court
● Award final and binding, no appeal shall lie to any court
Permanent lok adalats

● Created under legal services authorities act (amendment), 2002
● To deal with cases pertaining to public utility services
● Has pecuniary jurisdiction up to Rs 1 Cr
● No jurisdiction in non-compoundable offence
● Every award is final and binding
Gram Nyayalayas
● The Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of
the Gram Nyayalayas at the grass roots level
● The Gram Nyayalaya shall be court of Judicial Magistrate of the first class and its
presiding officer (Nyayadhikari) shall be appointed by the State Government in
consultation with the High Court.
● The Gram Nyayalaya shall be established for every Panchayat at intermediate level
● Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal
and Civil Courts.
● shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872
but shall be guided by the principles of natural justice and subject to any rule made by
the High Court.
● Appeal in civil/criminal cases shall lie to the District/Session court, which shall be heard
and disposed of within a period of six months from the date of filing of such appeal.
NCSC&NCST 338, Election Finance Commission

338A Commission art
324

Qualificati No qualification No qualification No qualification

on specified specified specified
Const authorises
Parliament to
determine qualification
Finance act, 1951:

Chairman should have
experience in Public
Affairs
Tenure Conditions of Six years or 65 yrs Hold office for period
service and tenure of age specified by President
of office determined
by President NOTE- Conditions
of service and
tenure of CEC, EC
and RC determined
by President =
enacted law, CEC
& other EC act
1991
Appointm Appointed by Appointed by Appointed by
ent President by President (on President
warrant under his advice of CoM)
hand and seal -CEC, EC and RC Const authorises
(none appointed Parliament to
yet) determine method of
Selection
Compositi chairman + vice- CEC + such other Chairman and Four

on chairman + 3 other commissioners as other members
members president fixes;
presently 1+2
CEC and EC have

equal power; salary
similar to SC judge

independ ● security of ● eligible for

ence tenure to reappointment
CEC
● EC or RCs
cant be
removed
except on
the
recommend
ation of
CEC
● No
restriction
on further
appointmen
ts by govt
after
retirement
● eligible for
reappoint
Resignati To President To President To President
on
Removal By- President on Not mentioned

reco of Parliament
removal same as
that of SC judge
Ground (CEC)-
Proved
misbehaviour or
incapacity
Appointm Deputy Election
ents Commissioner,
Chief Electoral
Officer (in
consultation with
state govt)

Miscellan Has powers of civil EC doesn't have Art 280: Quasi Judicial
eous court while authority to body
investigating into adjudicate on
any matter election disputes
about Parliament
Commission and SL, it lies with
discharges similar initially HC then by
functions wrt anglo right to appeal to
indians SC
65th CAA 1990 - The conditions of

establishment of service and tenure
multimember NC of office of the
for ST&ST in place State Election
of special officer for Commissioner
SC&ST shall be determined
by the Governor.
89th CAA 2003 - However, they are
bifurcated subject to the
combined National provisions of any
commission for law made by the
SC&ST into state legislature
separate bodies,
came into SEC can be
existence in 2004 removed only on
the like manner
and ground as of
HC judge
Its exp doesn't

charge on CFI
UPSC SPSC CAG (Article 148)
Qualificati No qualification No qualification No qualification

on specified specified specified
But 1/2 of members But 1/2 of members
should have hold should have hold
office for at least 10 office for at least 10
yrs under central or yrs under central or
state govt state govt

Tenure Six years or 65 yrs Six years or 62 yrs Six years or 65 yrs of
of age (mentioned of age age (determined by
in constitution) Parliament)
NOTE- Conditions
NOTE- Conditions of service not NOTE-Can't Hold
of service not specified in const, office under govt of
specified in const, decided by India or state govt
decided by governor after retirement
President
salary and conditions
of service
determined by
parliament
Appointm Appointed by Appointed by Appointed by
ent President- Governor-Chairman President
Chairman and other and other members
members
JSPSC- President
after act of
parliament
(Statutory body)
Compositi Constitution doesn't Constitution doesn't President, same as

on specify strength and specify strength and judge of SC
left it to President left it to Governor

independe ● security of ● security of To President

nce tenure tenure
● Salary ● Salary
charge on charge on
CFI CFS
● chairman ● chairman of
not eligible SPSC can
for become
reappointme chairman of
nt, or further UPSC SPSC
appointment but not
in GoI or ● member of
state SPSC can
● member of become
UPSC can chairman of
become any SPSC
chairman of and UPSC
UPSC of and member
SPSC; but of UPSC but
not eligible
for further
appointment
in centre or
state
Resignatio To President To Governor Same as that of SC
n judge

Removal By President By President Art 149: Parliament

Ground- Ground- Insolvency, can prescribe duties
Insolvency, Paid Paid emp outside and powers of CAG-
emp outside office, office, unfit CAG's (duties,
unfit Misbehaviour- powers and
Misbehaviour- Advice of SC is conditions of
Advice of SC is binding on president service) act, 1971
binding on
president Governor can Can't audit secret
Misbehaviour is suspend him during service exp
defined in const enquiry
Head of Indian audit
and accounts
department; guardian
of public purse
Note: Controller
General of Account
(CGA)- Under
Finance ministry is
apex accounting
agency under union
govt
Appointm NA Consulted by Salary charge on CFI
ents Governor for
framing rules for
state judicial service
for posts other than
district judges
Miscellane Presents annually Presents annually
ous its performance its performance
report to president report to Governor
who put it before who put it before
parliament State legislature
Attorney General of India Advocate General of State (art

(art 76) 165)

Qualificatio Same as of SC Judge Same as of HC Judge-

n
NOTE- No min age criteria NOTE- No min age
Tenure Not fixed Not fixed

Holds office during pleasure Holds office during pleasure of
of president governor
Conventionally he resigns Conventionally he resigns when
when CoM resign CoM resign
NOTE- Not debarred from NOTE- Not debarred from Private
Private practice practice
He is not govt servant He is not govt servant
Nomination Appointed by President Appointed by Governor
Oath NA NA
Resignation To President To Governor
Removal Ground- Not mentioned Ground- Not mentioned

By- President By- Governor
Miscellaneo he is chief law officer of GoI

us
Solicitor General of India
assist AGI in fulfilment of his
official responsibilities
Central Information State Information

Commission Commission
Establishme Right to Information Act, 2005 Right to Information Act,

nt 2005

Composition Chief Information State Chief Information

Commissioner and not more Commissioner and not more
than 10 Information than 10 State Information
commissioners Commissioner
Appointing Appointed by President on Appointed by Governor on

Authority recomm of Three members recomm of Three members
committee consisting of PM, committee consisting CM,
Leader of Opposition in LS Leader of Opposition in LA,
and Union cabinet minister state cabinet minister (nom
(nom by PM) by CM)
Tenure As per term prescribed by As per term prescribed by

central govt or upto 65 years of central govt or upto 65 years
age, not eligible for re- of age (An assault on idea of
appointment federalism), not eligible for re-
appointment
Removal By President By Governor

Ground- Insolvency, moral Ground- Insolvency,moral
turpitude, financial or other turpitude, financial or other
interests, Paid emp outside interests, Paid emp outside
office, unfit, imprisonment office, unfit, imprisonment
Misbehaviour- Advice of SC is Misbehaviour- Advice of SC is
binding on president binding on Governor
Miscellaneo Salaries, allowances and other Salaries, allowances and

us service conditions of CIC and other service conditions of
IC will be determined by central SCIC and SIC will be
govt determined by central govt
Enquire complaints against Enquire complaints against

offices, PSUs, Financial offices, PSUs, Financial
institutions under Central govt institutions under State govt
and UTs
Annual report to State govt
Has all powers of civil court
Annual report to Central govt

Central vigilance commission Central Bureau of

investigation
Establishmen 1964, executive resolution, 1963, resolution by home

t Santhanam committee ministry; now under
recommendation; 2003 statutory administrative control of
DoPT; Santhanam
committee
recommendation; not
statutory;
Derives its powers from

DSPEA, 1946
Composition CVC + <=2 VC
Appointing President by warrant under his Appointed by central

Authority hand and seal on government on
recommendation of PM, Leader recommendation of PM,
of Opposition in LS and Union LoO, CJI or other SC judge
Home minister nominated by him
Tenure 4, 65; not eligible for re-

appointment
Removal Same as removal of information

commissioners

Miscellaneou Main investigating agency

s of central government
"industry impartiality
integrity"
Required to take prior

approval of central
government before
conducting enquiry into an
offence committed by
officers of ranks of Jt
secretary and above
Lokpal and National Disaster Tribunals (CAT,

Lokayuktas Management Income Tax
Authority Appellate
Tribunal, etc)
Establishme Lokpal and Disaster 42nd CAA, 1976
nt Lokayuktas Act, management act, added part XIV-A
2013 2005 Art 323A-
Administrative
tribunals
Art 323B- Other
tribunals
Composition Chairperson and Chairperson and CAT-
maximum 8 members maximum 9 Administrative
CP: CJI or Retired members tribunal act, 1985,
judge of SC or non- Central govt
judicial member with 1 CP + 65
specified quali. members
50% shall be judicial SAT, JAT-
members and 50% Administrative
must be from tribunal act, 1985,
SC,ST,OBC,Minority empowers central
and women govt to est SAT on
request of state
govt

Appointing Appointed by Prime minister is CAT, SAT-

Authority President on recomm ex-officio Appointed by
of Five members chairperson President
committee consisting Other members Person not
of PM, LS speaker, are appointed by qualified for
Leader of opposition him appointment as
in LS, CJI or SC Vice chairperson chairman, unless
judge nominated by has status of he is or has been
him and an eminent cabinet minister HC judge
jurist nominated by while other
President members have
status of min of
state
Tenure CP and Members- 5 Chairman (CP)- 5
years or 70 years of years or 65 years
age of age
Members- 5 years
or 62 years
Removal By President after
inquiry committee
consisting CJI and 2
seniormost judges of
SC
Miscellaneou Lokapal can't Suo Provides for State Note: Foreigners
s Motu proceed against disaster Tribunal is not
any public servant management covered under
Judiciary doesn't authority rules
come under ambit of (Replace PM by Appeal against
Lokpal CM) CAT- HC then SC
Salary charged on CFI District Disaster
Applicable to states if management
they give consent for authority
its application (CP+7 members,
Lokayukta- Act Collector, CP of
provides freedom to local authority)
states to decide upon
contours of Lokayukta
mechanism in their
respective states
Retd SC judge Pinaki
Chandra Ghose
appointed as 1st
Lokpal in march 2019

NITI Ayog National Human State Human Rights

Rights Commission
Commission
Establish By executive Protection of Protection of

ment resolution Human Rights Human Rights Act,
Jan 1, 2015 Act, 1993 1993
Amended in 2019 Amended in 2019
Composit Chairperson: PM Chairperson + 5 Chairman + 2

ion Vice Chairperson- members members
Appointed by PM. Chaiperson- Chairman- Retired
Enjoys rank of Retired CJI or CJ or retired judge of
Cabinet Min retired judge of SC HC
Full Time Members: Full time Members- Serving
Enjoys rank of min of Members- Serving or retired judge of
state- Number or retired judge of HC or district judge
unspecified SC, Serving or (7 yr exp) and
Part Time Members: retired CJ of HC Person having
Max 2-Tech experts and 3 persons (1 knowledge wrt
Ex-officio members: must be woman) Human rights
Max 4 from CoM having knowledge
nominated by PM wrt Human Rights
Chief Executive Ex-Officio
Officer: App by PM Members- (7)
for fixed tenure in the Chairmen of
rank of secretary of National comm for
GoI SC, ST,BC,
Special Invitees: Minority, Women,
Experts invited by PM Protection of Child
rights, Chief
commissioner for
person with
disabilities

Appointi PM as mentioned Appointed by Appointed by

ng above President on Governor on
Authority recomm of Six recomm of
member committee committee consisting
consisting of- PM, CM, home min,
Home minister, Speaker of LA and
Speaker of LS, Chairman of LC,
DC of RS, Leader of
Leaders of opposition in both
Opposition in houses
both houses Sitting judges can be
Sitting judges can appointed only after
be appointed only consultation with CJ
after consultation of concerned HC
with CJI
Tenure NA Chairman and Chairman and

members- 3 years members- 3 years or
or upto 70 years of upto 70 years of age,
age, eligible for re- eligible for re-
appointment appointment
NOTE- Not eligible NOTE- Not eligible
for employment for employment
under state after under state after their
their tenure tenure
Removal NA By President By President

Ground- Ground- Insolvency,
Insolvency, Paid Paid emp outside
emp outside office, office, unfit,
unfit, imprisonment imprisonment
Misbehaviour- Misbehaviour- Advice
Advice of SC is of SC is binding on
binding on president
president

Miscellan Special Bodies: Secretary General Secretary can

eous Governing Council- can exercise all exercise all
Headed by PM, administrative and administrative and
comprises of CMs, financial power. financial power
LGs of UTs Enquire into Central govt may
violation of HR by confer on SHRC
Regional Council- Public servant on human rights
Chaired by PM, Sou motu or on functions discharge
comprised of CMs petition by UTs (except
and LGs of concerned Act also provides Delhi- NHRC)
region- Ad hoc in for establishment Enquire into violation
nature of Human Rights of HR by Public
court in every servant on Sou motu
Attached Office- district for speedy or on petition
1.National Institute of trial of violation of Inquire violation of
Labour Economics HR set up by State HR only in respect of
Research and govt in consultation subjects mentioned
Development with CJ of HC in state and
2.Development NHRC doesn't concurrent list
monitoring and have power of Salaries and
evaluation office prosecution. It can conditions of service
only recommend determined by State
govt or court to govt
initiate proceedings
based on its inquiry
Salaries and
conditions of
service determined
by Central govt
Has all powers of
civil court
Annual report to
Central govt
Can't investigate
Violation of HR
after 1 year of
occurrence
Special officer for linguistic minorities

● Added by 7th CAA, 1956 on recommendation of states reorganisation commission

● Article 350B, part XVII
● Appointed by president
● Falls under ministry of minority affairs
● Submits annual report to president via union minority affairs ministry
● Linguistic minorities are decided on state wise basis
● Constitution does not specify qualification, tenure, salaries, allowances, services
conditions and procedure for removal
Panchayati Raj Institutions
● system of local self government to build democracy at grassroot level

● constitutionalised through 73rd CAA 1992
● Rajasthan first state to estb in 1959
● established by the acts of state legislatures
● various committees in evolution of panchayati raj
○ balwant rai mehta
○ ashok mehta
○ g v k rao
○ l m singhvi
○ thungon
○ gadgil
● The then PM = P V Narsimha Rao; President = Venkatraman
● added new part IX and schedule XI
● articles 243 to 243O
salient features
● gram sabha is foundation of PRI

○ it is village assembly consisting of all registered voters in area of panchayat
○ may exercise such powers and functions at village level as state legislatures
determine
● three tier system in every state - village, intermediate, district
● state population less than 20 lakh, intermediate level not necessary
● elections of members and chairpersons
○ direct elections to members of panchayat at all three levels
○ chairperson at district and intermediate level indirectly elected; at village level, as
state legislature determines
● reservation of seats
○ SC&ST seats = in proportion to population
○ SC&ST chairperson = as SL provides
○ women seats and chairperson = >= 1/3rd total seats
○ backward classes seats and chairperson = as SL provides
● duration of panchayats
○ 5 year term at every level from the date of its first meeting, min age 21

○ fresh elections to be constituted before expiry of 6 months from date of

dissolution
○ new panchayat continue only for remainder period
○ when panchayat is dissolved and remaining period is less than 6 months, not
necessary to hold fresh elections
● disqualifications
○ if he is disqualified under any law made by SL
○ all questions of disqualifications shall be referred to such authority as SL
determines
○ disqualified if disqualified for elections to SL
● superintendence, direction, control of all elections to panchayat vested in SEC
● SEC is appointed by governor, conditions of service prescribed by him; his removal
same as HC judge
● application to UT
○ president may direct that provisions of this act shall apply to UT
● exempted areas
○ does not apply to nagaland, meghalaya, mizoram and certain other areas -
SA&TA in 10 states
○ however, parliament can extend provisions of this part to SA&TA with such
exceptions and modifications as it may specify
● act bars interference of courts in electoral matters of panchayats
● SL may make provisions wrt maintenance of accounts by panchayats and auditing of
such accounts
compulsory provisions voluntary provisions
gram sabha giving representation to MPs of both

houses, MLA, MLC in panchayats at
different level falling in their
constituency
panchayat at 3 levels reservation of seats for backward

classes
direct elections to all seats granting power to panchayats to

enable them function as units of self
government

indirect elections to intermediate devolution of powers and

and district levels responsibilities upon panchayats to
prepare plans for eco dev
min age 21 granting financial powers to

panchayats - levy, collect,
appropriate taxes
reservation of seats for SC/ST at

all three levels
=/= 1/3rd women at all levels
5 year tenure at 3 levels
estb of state election commission
constitution of state finance

commission every 5 years
PESA ACT OF 1996 (EXTENSION ACT)
● it is like a model law, based on which states can enact law to estb panchayati raj in 5th
schedule areas
● 10 states have 5th schedule areas
● The objectives of the PESA Act are as follows :
● To extend the provisions of Part IX of the Constitution relating to the panchayats to the
scheduled areas with certain modification
● To provide self-rule for the bulk of the tribal population
● To have village governance with participatory democracy and to make the gram sabha a
nucleus of all activities
● To evolve a suitable administrative framework consistent with traditional practices
● To safeguard and to preserve the traditions and customs of tribal communities

● To empower panchayats at the appropriate levels with specific powers conducive to

tribal requirements
● To prevent panchayats at the higher level from assuming the powers and authority of
panchayats at the lower level of the gram sabha
● the reservation for the Scheduled Tribes shall not be less than one-half of the total
number of seats
● all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled
Tribes
● Gram Sabha or the Panchayats at the appropriate level shall be consulted before
making the acquisition of land in the Scheduled Areas for development projects and
before resettling or rehabilitating persons affected by such projects in the Scheduled
Areas
● recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
mandatory for grant of prospecting licence or mining lease for minor minerals in the
Scheduled Areas
● The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level
shall be mandatory for grant of concession for the exploitation of minor minerals by
auction
● gram sabha is endowed with ownership of minor produce
● has power to prevent alienation of land in SA
● power to control institutions and functionaries in all social sectors
● powers to control local plan and resources
Municipalities
● system of urban government was constitutionalised through the 74th Constitutional

Amendment Act of 1992
● evolution
○ In 1688, the first municipal corporation in India was set up at Madras.
○ In 1726, the municipal corporations were set up in Bombay and Calcutta.
○ Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the
development of local self-government institutions.
○ Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local
self-government. He is called as the father of local-self government in India.
○ The Royal Commission on decentralisation was appointed in 1907 and it
submitted its report in 1909. Its chairman was Hobhouse
● committees and commissions on urban local governments
○ P.K. Wattal - Local Finance Enquiry Committee
○ John Matthai - Taxation enquiry committee
○ Nur-Ud-din Ahmed - committee on training of municipal employees
○ A.P. Jain - rural urban relationship committee
○ Rafiq Zakaria - for augmentation of finances of urban bodies
○ Girijapati Mukharji - budgetary reforms in municipal corporation
○ K.N. Sahaya
○ C.M. Correa - national commission on urbanisation
● added part IXA, 12th schedule - article 243P to 243 ZG
● salient features

○ provides for constitution of 3 types of municipalities in every state

○ nagar panchayat - transitional areas - rural to urban
○ municipal council - smaller urban area
○ municipal corporation - large urban area
○ governor specifies it considering any criteria he deems fit
● composition = all members of municipality directly elected
● manner of election of chairperson - as SL determines
● wards committee - of 1 or more wards, population >= 3 lakhs
● reservation, duration, disqualification, exempted areas - same as panchayat
● district planning committee
○ every state - dist level - DPC - consolidate plans prepared by panchayats and
municipalities in dist - to prepare draft development plan for dist as a whole
○ function, manner of election, composition - SL determines
○ 4/5th members of DPC - elected by elected members of dist panchayat and
municipalities
● metropolitan planning committee
○ every metro area, population >= 10 lakh has
○ function, manner of election, composition - SL determines
○ 2/3rd members of MPC - elected by elected members of municipalities and
chairpersons of panchayats in metropolitan area from amongst themselves
○ constitution makes it mandatory for states ti set up MPCs in metropolitan areas in
country
○ constitution mentions its functions - prepare draft development plan for metro
area
Types of urban governments
● Municipal Corporation
○ administration of big cities
○ by the acts of the concerned state legislatures and in UT by parliament act
○ three authorities, namely, the council, the standing committees and the
commissioner
○ Council is the deliberative and legislative wing = both directly elected and
nominated, headed by mayor
○ standing committees are created to facilitate the working of the council
○ municipal commissioner is responsible for the implementation of the decisions
taken by the council and its standing committees
● Municipality
○ administration of towns and smaller cities.
○ rest similar to MC
● Notified Area Committee
○ entirely nominated by state govt
○ created for the administration of two types of areas–a fast developing town due
to industrialisation, and a town which does not yet fulfil all the conditions
necessary for the constitution of a municipality

● Town Area Committee

○ administration of a small town
○ semimunicipal authority
○ created by separate act of SL
○ may be wholly/partly nominated/elected
● Cantonment Board
○ municipal administration for civilian population in the cantonment area
○ Cantonments Act of 2006
○ administrative control of the defence ministry
○ partly elected/nominated
○ executive officer of CB appointed by president
● Township - by large public enterprises
● Port Trust - statutory, both elected and nominated
● Special Purpose Agency - by act or executive resolution; function based not area based;
not subordinate agencies of local municipal bodies
5th and 6th Schedule
5th schedule Article 244(1)
scheduled areas and scheduled tribes
● declaration
○ presidential order, after consultation with that governor
○ any increase, decrease etc of scheduled area done by president with governor's
consent
● states in which SA declared
○ gujarat
○ maharashtra
○ telangana
○ andhra pradesh
○ odisha
○ chhattisgarh
○ madhya pradesh
○ rajasthan
○ jharkhand
○ himachal pradesh
● criteria for declaration - not given in constitution
○ tribal population
○ compactness of area
○ viable administrative entity
○ economic backwardness compared to neighbouring
● executive powers of state extends to SA subject to provisions in the act
● executive powers of union extends to giving direction to states regarding such areas
● tribal advisory council (constitutional)
○ constituted on president direction by state government notification

○ can be constituted in area with scheduled tribe but not scheduled area
○ maximum 20 members
○ 3/4th members = ST representatives in SLA
○ chairman = CM
○ its consultation mandatory
● governor may notify that an act does not apply or apply with modification
● governor may make regulations for the peace and good government, but it has no
effect unless assented by president
● parliament can amend the schedule, not under art 368
● parliament has power to extend panchayats to
6th schedule
article 244(2) and 275(1)
Administration of Tribal Areas in assam , meghalaya, tripura and mizoram
● tribal areas = autonomous districts

● if several STs in a district, governor divides it into autonomous regions
● governor has power to amend autonomous district
● district councils (nomination + adult suffrage) and autonomous councils = for
administration of district and region
● district councils and autonomous councils have legislative, executive power
● village councils constituted for judicial purpose
● note that ADCs are present in ladakh as well

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INDIAN POLITY PRELIMS BOOSTER by Bookstawa ( Youtube Channel )

Making of the Indian Constitution

● Idea of constituent assembly - M N Roy, 1934

● partly elected (indirectly elected), partly nominated

● moved by JLN on december 13, 1946

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● assembly fully sovereign, could frame constitution, amend british laws

other functions performed

● It ratified the India’s membership of the Commonwealth

Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament,

1. Elephant was adopted as the symbol (seal) of the Constituent Assembly.

Salient features of the constitution

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Schedules of Indian constitution

first names of states, UTs and their territorial jurisdiction

second emoluments, allowances and privileges etc of

● president and governor

third oaths and affirmation of

● candidates for election to parliament and SL

forth Art 4, 80 allocation of seats in RS to states and UTs

fifth Art 244 administration and control of SA and ST, 10 states

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seventh Art 246 three lists

eighth Art 344, languages recognised by constitution, originally 14,

tenth Art 102, anti-defection law

eleventh Art powers, authorities and responsibilities of panchayats

twelfth Art 243W =/= municipalities

Indian Constitution and Borrowed Provisions

Country Provisions Borrowed

GOI Act 1935 ● Federal Scheme

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Britain ● 1st past the post

Canada ● Quasi-federal form of govt

France ● Principles of liberty, equality and fraternity

Russia ● Fundamental Duties

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Australia ● Joint sitting in parliament

Germany ● Suspension of FR during emergency

South Africa ● Election of members of RS

Japan (Peace ● Procedure established by Law

● American constitution first with preamble

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● based on Objectives Resolution. The objective resolution was moved by Jawaharlal

Sovereign ● India neither dependency nor dominion but

Socialist ● democratic not communist or state socialism; leaning

Secular ● positive concept, all religions in our country

Democracy ● popular sovereignty = supreme power with people

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Republic ● head directly or indirectly elected

Liberty ● absence of restraint, but at same time providing

Equality ● absence of special privileges to any section of society,

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Fraternity ● how? single citizenship

Is the Preamble part of the Constitution?

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Union and its territory

● Articles 1 to 4 under Part-I

Committees on reorganization of states

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October, 1953, creation of first linguistic state, Andhra state

New States and Union Territories Created After 1956

Name of State/UT Statehood/UT attained in

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