Polity Notes For Prelims

POLITY NOTES for Prelims
Gen bodies fundae -

o Constitutional Bodies, Statutory Bodies, and Executive Bodies
o All Regulatory Body (issues rules of game in a sector) -> can be either
constitutional or statutory bodies
1. Except BCCI (case going on in court)
o All regulatory bodies that are statutory bodies are usually passed as Financial
Bills (since they need finances too perform) and its members are removed by
President on advice of COM - whereas Executive body members can be
removed by President whenevs
• CONSTITUTIONAL BODIES (10)
• CAG (Art 148)

o Tenure - 6 yrs or 65 years (6 year term logic - given 1 more year than govt term
so that new govt cannot change as per whims) => NOT mentioned in consti
o Removal - same as judge of SC (by an order of Prez after an address (special
majority) in both houses of Parliament)
o Appointed by - Prez
o Duties & Powers - by Parliament - CAG Powers Act, 1971
1. Audits concerned with Contingency fund, Consolidated Fund of India
and states, and Public A/c Fund of center and states
• Completely Private audit by (CAG not involved) - LIC, RBI, SBI,
FCI => submit report directly to Parliament
2. Advisory function wrt accounts to Prez
o No further appointment
vi. Acts as guide to Public Accounts Committee of Parliament
vii. Submits 3 reports to Prez- (Prez lays these reports before both houses => Public
A/c Comm examines them and reports its findings to Parliament) Art 151
1. Audit report on Appropriation A/c
2. Audit report on Finance A/c
3. Audit report on Public Undertakings
• EC (Art 324)
i. Tenure - 6 yrs or 65 years - Term and service conditions determined by
President (NOT mentioned in Consti)
ii. Composition - CEC, 2 ECs (since 1989(1993) when voting age was reduced to 18)
iii. Appointed by - Prez (on recc of PM) => tainted method (need for reform)
iv. Further Appointment - YES
• MCC => Morally binding, not legally
v. Removal -
1. CEC - like SC judge (special majority)
2. EC - special majority after CEC says so
vi. Salary - same as SC judge
vii. Expenditure NOT Charged on CFI (unlike UPSC & CAG)
viii. Powers -
1. Administrative
Rishabh Kumar Rewar – AIR 104, CSE 2020

Jayant & Rishabh UPSC CSE Notes and Strategy - https://t.me/jayantrishabh
2. Advisory
3. Quasi-Judicial
▪ State EC (Art 243K) -
1. comprise of State Election Commissioner (NO Additional members
allowed)
2. Removed like judge of HC
3. Electoral rolls prepared by them used in Panchayat & Municipal
elections
• Finance Commission (Art280)
i. 5 members - Chairman + 4 members (+1 secretary)
ii. Further appointment - YES
iii. Quasi-judicial body => powers of civil court
iv. Constituted by Prez every 5 years (or early)
v. Removed by Prez on - Mental, Financial, Moral & Conflict issues
vi. Powers -
1. Decides basis for sharing divisible taxes
2. Refers matter in the interest of sound finance to Prez <=> advise on any
other matter referred by the Prez
3. Evaluates rise in CF of state => to affix resources of PRI and ULBs
4. Has powers of a civil court
vii. Qualifications => determined by parliament -> Finance Commission Act, 1951
1. Chairman - person with experience in Public Affairs
2. Members - 4 other conditions
viii. Reccs made by FC => Advisory only. Not binding on govt

• GST Council (Art 279A)
i. Constitutional body (Article 279A) => to make recc to union and state govt on
GST issues
ii. Chairman - Finance Minister
c. Decision taken by 75% majority (weightage : center 1/3rd, states 2/3rd)

o
• National Commission for SC (Art 338) 89th AA, 2003

a. 5 members = Chairman + VC + 3 other members (1 woman)
b. Tenure - 3 years - by President
c. Conditions of service => by President
d. Annual report to Prez
v. Removal Process - NOT mentioned in consti => done by President
vi. Powers -
1. Quasi-judicial body
2. Monitoring and reporting about implementation of constitutional
safeguards for SC & Anglo-Indians
3. Has a civil court's powers
• National Commission for ST (Art 338A) 89th AA
i. All same as NCSC
• National Commision on Backward Classes (NCBC) 102nd AA
i. Estd in 1993
ii. 102nd AA, 2018 - gave constitutional status to NCBC
iii. Composition - Chairman + VC + 3 members (1 woman) = 5 members
iv. Appointed by prez under his hand and seal
v. Art 340, 338, 342
vi. Powers of civil court
vii. Annual report to Prez (who lays it before Parliament) + any other time
viii. Responsibility of considering inclusions and exclusions from the lists of
communities notified as backward for the purpose of job reservations
• Special Officer for Linguistic Minorities (Art 350B) 7th AA - initially NOT in consti
i. Composition - Commissioner, Deputy Commissioner, Assistant Commissioners
ii. Tenure and Removal - Pleasure of Prez
iii. Main office in Allahabad

iv. Under MoMinorityAffairs
v. Further appointment - yes
vi. Report through MoMA to President
vii. Powers -
1. Monitoring and reporting the working of constitutional safeguards for
linguistic minorities
viii. Linguistic Minorities are identified statewise
• Official Language Commission (Art 344)
i. By President at expiration of 5 years of consti & thereafter at 10 years from such
commencement
ii. Chairman & members representing 8th schedule languages
iii. Parliamentary Committee (20LS, 10RS) => examine reccs of commission &
report to Prez
iv. BG Kher Commission, 1955
v. GB Pant committee
• UPSC (Art 315-323)

i. Composition : usually 9-11 members (currently 10) - Acc to Constitution,
strength & composition of UPSC determied by President
1. Half members should have > 10 years of public office work experience
at center/state
ii. Tenure - 6yrs or 65 yrs - MENTIONED in consti
iii. Conditions of Service - by Prez
iv. Annual Report to Prez
v. Further appointment -
1. UPSC chariman => not eligible for reappointment => Governor ban sakta
hai
2. Other members => eligible for Chairman of SPSC and UPSC (i.e. Not
eligible for reappointment outside UPSC/2nd term )
• i.e. NO reappointment for chair & members
vi. Number of Members and Conditions of service determined by President
vii. Can serve needs of state - when requested by Governor and approved by
President
viii. Removal - By President post a binding SC enquiry
ix. Reccs of UPSC (eg. Merit list of CSE) NOT binding on Govt
x. UPSC shall be consulted by Central govt on all matters of recruitment to civil
services => but not necessarily for reservation in posts
xi. Advisory Body -
1. Recc can be rejected by Appointment Cabinet Committee (cannot be
rejected by individual ministry)
• State PSC (Art 315-323)
i. Governor appoints …etc.
ii. Tenure - 6 yrs or 62 yrs
• Joint State PSC - statutory body by Act of Parliament (created when
needed) Eg- 1966 Punjab and Haryana had a JSPSC for a short period.
Appointed by Prez. Tenure - 6yrs or 62 age
iii. Removal - by President on an order of Enquiry Committee of SC apppointed by
President on grounds of misbehaviour

• Attorney General of India
i. Under Article 76
ii. Term - 3 years (+3 years extension possible)
iii. Eligibility - Must be qualified to be judge of SC => but salary and terms of
service decided by President (not that of SC judge)
iv. Pleasure of President
v. Eligible for reappointment (for a further term)
vi. Not a govt servant => can pvt practice also -> but cannot defend accused
in criminal cases
vii. Constitution doesn’t mention Solicitor General => under Law Officers
Rules, 1987
• Advocate General of State
i. Appointed by Governor
ii. Removal by Governor
iii. Eligibility - Same as HC judge

o
o EXPENSES CHARGED ON CFI -

i. CAG
ii. UPSC
• Other Bodies -
i. CBI
1. Setup in 1963 on recc of Santhanam Committee by a resolution of MHA
-> NOT statutory bdody
2. Functions under Dept of Personnel, Ministry of Personnel, Pension and
Public Grievances
iii. Traces its origins to Special Police Establishment Act, 1941
iv. Derives its powers from Delhi Special Police Establishment Act (DSPE),
1946 => but not created by it
v. Lokpal and Lokayuktas Act (2013) amended DSPE Act and made foll
changes wrt CBI-
1. Central govt will appoint director of CBI on recc of 3 member
committee (PM, f in LS (or leader of single largest oppo party in
LS), CJI)
2. Directorate of Prosecution headed by a Director for prosecuting
cases under Lokpal and Lokayukta Act -
a. He shall be under supervision of Director of CBI
b. Appointed by centra govt on recc of CVC
c. Tenure - 2 years
3. Central govt shall appoint officers of rank of SP or above in CBI
ii. Lokpal & Lokayukta
i. Lokpal and Lokayukta Act, 2013 => seeks to implement UN Convention
Against Corruption
ii. Statutory bodies, without any constitutional status

iii. National anti-corruption ombudsman => anyone can file a complaint
non-anonymously against anyone except judiciary
iv. Perform function of ombudsman and inquire into allegations of
corruption against certain public functionaries
• Lokpal and Lokayuktas Amendment, 2016 => enables leader of
single largest opposition party in LS to be member of the
selection comm in absence of a recognized leader of opposition
v. Structure of Lokpal
1. 1 Chairman + 8 members
2. Chairman qualifications-
a. Atleast 45 years old
b. Former CJI or former SC judge
c. Or eminent person with impeccable integrity and ability
+ expertise of 25 yrs in matters relating to anti-
corruption policy, pub admn, vigilance, finance, law and
management
3. Max 8 Members -
a. Half i.e. 4 => judicial members
b. Min 50% => from SC/ST/OBC/Women
c. Judicial member => former SC judge or former Chief
Justice of HC
4. Term - 5 years or 70 yrs age
5. Salary and allowances same as CJI (chairperson) and SC judges
(members)
6. Removal - by President (100 MPs can also request) after
binding enquiry - Mental, financial, Moral, Conflict issues
7. Not eligible for reappointment or ELECTIONS
8. Search Committee - recommends a panel of names to Selection
Committee
9. Members appointed by Prez on recc of Selection Committee
(PM - chairperson, Speaker Of LS, Leader of opposition in LS,
CJI, one eminent jurist nominated by Prez)
10. Inquiry Wing - Preliminary Enquiry (within 3 months + 3 months
extension); Investigation (within 6 months +6 months
extension) - can be outsourced to CBI etc => Inquiry wing of
Lokpal has powers of civil court
11. Prosecution Wing - Special Court (extendable by 1 year) i.e.
lawyers of Lokpal make the case
vi. Lokpal Jurisdiction and Powers
1. Jurisdiction Includes -
a. PM (except on allegation of corruption relating to IR,
security, public order, atomic energy or space) - lack of
transparency wrt PM -> records can be sealed if Lokpal
members decide that there is no merit
b. MPs (not over anything said in Parliament)
c. Group A,B,C,D officers
d. Officials of Central govt
e. All entities receiving foreign donations > ₹10L per year

2. Excludes -
a. Those under Army Act, Navy Act, Airforce Act, Coast
Guard Act
b. Judiciary
3. Lokpal (external citizen complaint) and CVC (internal govt
inquiry) at same level of hierarchy
a. CBI works under CVC => so now will also receive cases
from Lokpal
b. Thus, Lokpal has power to give directions to CBI
4. Inquiry wing of Lokpal => powers of civil court
5. Provision to punish false/privolous complaints
6. Foreigners can also lodge complaint
7. Complaint can be filed electronically
8. Protect identity of complainant of public servant till conclusion
of enquirysa
9. Lokpal shall dispose off complaints within 30 days
vii. Limitations
1. Lack of Political Will - not a single Lokpal has been appointed yet
a. 16 states have appointed Lokayukta
2. Does not provide concrete immunity to whistleblower
3. No suo moto action
4. Selection comm itself consists of political leaders => political
influence
5. Exclusion of judiciary from the ambit of Lokpal
6. No constitutional backing
iii. CVC
i. Estd in 1964 via executive resolution on recc of Santhanam Committee
on Prevention of Corruption
ii. 2003 => made a statutory body
iii. Apex vigilance institution free of control from any executive authority
(only responsible to Parliament) => all vigilance activity under Central
Govt
iv. NOT under any ministry
v. NOT eligible for further appointment
vi. NO suo moto Action => Only after complaint
1. Unlike NHRC, CIC, Lokpal
vii. Functions
1. Foll can approach CVC -
a. Central govt
b. Lokpal
c. Whistleblowers
2. Not an investigating agency => uses CBI or Chief Vigilance
Officers in govt offices
3. Can inquire into offences under Prevention of Corruption Act,
1988
4. Takes up cases referred by Lokpal
viii. Structure
1. 1 CV Commissioner (chairperson) + 2 vigilance commisioners

2. Appointed by Prez on recc of committee (PM, Home Minister,
Leader of Opp in LS)
3. Term - 4 years or 65 yrs age
4. Removal - By Pres after binding SC enquiry - Mental, financial,
Moral, Conflict Issues
o CVC & Lokpal basically do similar functions

▪ CVC - investigate Permanent Executive of
Center
▪ Lokpal - investigate Permanent + Elected
Executive of Center
• NHRC
i. Statutory body estd. Under Protection of HR Act, 1993
ii. In conformity with Paris Principles
iii. Under MHA
iv. Submits annual report to Government (NOT PRESIDENT)
v. Structure -
i. Chairman + 5 members (+ 7 ex-officio)
1. Chairperson => retd CJI or retd SC judge (2019 amendment)
2. 5 members - serving/retd SC judge + serving/retd Chief justice
of HC + 3 persons having knowledge of HR (1 has to be woman)
3. 2019 amendment => Enlarge scope of eligibility and selection of
chairperson of NHRC and SHRC
4. 6 Ex-Officio members -
a. NCSC
b. NCST
c. NCW (Women)
d. NCBC
e. NCPCR (protection of child rights)
f. Chief Commissioner for PwD

ii. Appointed by Prez on recc of high-powered 6 member comm headed
by PM (PM, Speaker of LS, Dep Chairman of RS, leaders of opp in both
houses, Home Minister)
• RS involved in Selection of Chairperson of only NHCR -> in NO
OTHER BODY RS INVOLVED
iii. Tenure - 3 years/70 yrs age
iv. Removal - by President after SC enquiry - Mental, Moral, Financial,
Conflict issues
v. Eligible for Reappointment
1. Earlier could only be reappointed for 5 years => limit removed
now
vi. Can take Suo Moto action
1. Cannot enquire after 1 year
vii. 5 specialized divisions -
1. Law Division
2. Investigation Division
3. Policy Research & Programmes Division
4. Training Division
5. Administration Division
viii. SHRC => members and chairman appointed by Gov in consultation with
CM, Home Minister, Speaker of LA, Leader of Opposition in LA
1. Chairperson (retd CJ of HC or retd HC judge) + 2 members
2. Appointed by Gov, But removed only by President
vi. Functions and Powers-
i. Investigate grievances regarding violation of HR either suo moto or after
receiving petition
ii. Can interface in any judicial proceeding involving violation of HR
iii. Can visit any jail or institution under state govt to see living conditions
of the inmates
iv. Undertakes and promotes research in HR
v. Spread HR literacy etc
vi. Powers of civil court and can grant interim relief
vii. Limitation
i. No mechanism of investigation => has to depend on concerned govt
ii. NHRC cannot investigate an event if the complaint was made more than
one year after the incident.
iii. "India's teasing illusion" => due to incapability to render any practical
relief to aggrieved party
iv. Can only make reccs
v. Inadequacy of funds
• NIA
i. Constituted under NIA Act, 2008
ii. Investigates and prosecutes offences -
i. Affecting sovereignty, security and integrity of India,friendly relations
with foreign states
ii. Against atomic and nuclear facilities
iii. Smuggling in high-quality counterfeit Indian Currency

iii. NIA Amendment Act,2019
i. NIA - estd after 2008 Mumbai terror attacks
1. Includes offences under -
a. UAPA, 1967
b. Atomic Energy Act
c. Anti-Hijacking Act
d. Suppression of Unlawful act against safety of maritime
navigation
ii. 3 Amendments
1. New offences added -
a. Human Trafficking
b. Counterfeir currency
c. Mfg and sale of prohibited arms
d. Cyber crimes
e. Explosive substances act
2. Jurisdiction - extended outside India
iii. Center can designate sessions courts as Special Courts for NIA
Trials - sessions court has power to impose full range of
penalties including death penalty
• NITI Aayog
i. Formed via executive resolution of Union Cabinet => NOT statutoy. NOT
constitutional
ii. Bottom Up Approach + Cooperative Federalism + maximum governance,
Minimum govt
iii. Structure -
i. Chairperson - PM - All others appointed by PM (except governing
council)
ii. Governing Council - CM of states + CM of Legislative UTs + LG of other
UTs
iii. Regional Councils - CM and LG of the region - convened by address
specific issues impacting the region
iv. Special Invitees - Experts, specialists etc.
v. Full time Organisational Framework -
i. Vice Chairperson - enjoys rank of Cabinet Minister, appointed
by PM
ii. Members - enjoy rank of Minister of State
iii. Part Time Members - Max 2 => from leading univs, institutions
etc
iv. Ex-Officio members - Max of 4 members of Union CoM
v. CEO -
iv. NITI Aayog Hubs -
i. Team India Hub - interface btw States and Center
ii. Knowledge and Innovation Hub - think tank acumen of NITI Aayog
v. 3 documents -
i. 3 year action agenda
ii. 7 year medium term strategy paper
iii. 15 year vision document
vi. 7 pillars of effective governance -

i. Pro People
ii. Pro-activity
iii. Participation
iv. Empowering
v. Inclusion of all
vi. Equality
vii. Transparency
• CIC
i. RTI is a FR under Article 19 (need info to express freely)
ii. CIC functions under MoPersonnel, Public Grievances & Pensions
iii. RTI Act, 2005 (Information is under concurrent list) : - Public authorities are
required to suo moto make disclosures (FAQs on website) on -
i. on their structure and functioning
ii. Powers and duties of its officers and employees
iii. Financial information
• If such info not made available, citizen have right to request for
it
i. Covers any body under Art12
ii. Office of CJI also under RTI
iv. RTI Amendment Act, 2019 => salary and tenure of central as well as State ICs
will be decided by central govt
• SIC - for state bodies (Municipality etc) => first application to PIO of
municipality, if unsatisfied go to Appellate authority of Municipality, if
still unsatisfied SIC
• CIC - for central bodies (Eg. SAIL) => same process
v.
• i.e. NO Appeal from SIC to CIC (just at 2 levels)

vi. Structure-
i. CIC + 10 ICs
ii. Term - 3 years (amended 2019=> central govt will notify term)
iii. Salary - earlier equivalent to ECs (amended 2019=> will be determined
by govt)
iv. Appointed by President on recc of comm (PM, LoO, Cabinet Minister
nominated by PM)
v. NOT eligible for reappointment
vii. Functions
i. Suo Moto Disclosures
ii. Adjudication in second appeal for giving info
iii. Receiving complaint on inability to file RTI etc
• RTI has fee (FREE for BPL)
• NCMEI
i. Statutoy body Estd in 2004 - under MHRD
ii. A quasi-judicial body - regulates certification of minority educational institutions
iii. Powers of a civil court - original and appellate jurisdiction => adjudicatory and
recommendatory powers
iv. Can enquire suo moto
v. Chairman - judge of HC (and member of minority community) + 3 members
nominated by Central govt
vi. Can cancel minority status granted to institutions
vii. Once conferred as MEI, no need to renew periodically
viii. Defined "minority" => as those communities notified as minority by Central govt
i. Govt has notified 6 religious minorities & NO linguistic minority
▪ NCLM (estd under art 350B) has lesser powers than NCMEI
▪ MEIs are out of purveiw of reservations under article 15
▪ Can have reservation of upto 50% students of their own community
▪ RTE Act, 2009 (25% reservation for EWS children) also not applicable
• Present Report to President (who lays it before Parliament) => CONSTITUTIONAL

BODIES Only
i. Annual report of CVC
ii. Reports of CAG
iii. Annual report of UPSC
iv. NCSC & NCST

v. NC on Backward Classes (OBC)
vi. Report of special officer for linguistic minorities (not annual)
vii. Finance Commission (not annual)
• Eligible for Further Employment
i. ECI - no restriction on further employment
ii. FCI
iii. NCSC, NCST, NCBC
• Eligibility for reappointment
i. UPSC, SPSC - NO (members can become chair tho)
ii. CVC - No
iii. CAG - No
iv. NHRC - Yes
v. FCI - Yes
• Under President Hand & Seal
i. Governor
ii. Judges
iii. CAG
iv. NCSC, NCST, NCBC
v. Lokpal
vi. CVC
• PREAMBLE
i. Described as -
i. Soul/Jewel/Key-note/Horoscope of Consti
ii. Identity Card of Constitution
iii. Vision of the makers of consti
ii. Keshavananda bharti case -
i. Part of Consti
ii. Not justiciable in nature
iii. Neither a source of power, nor a prohibition on legislature
• MAJORITIES
i. Simple - >50% present & voting => ALL LAWS except under Art 368
ii. Absolute - > 50% of total strength => Forming govt
iii. Effective - >50% of effective strength (=Total -
[Death+Disqualification+Resignation]) => Removing Presiding Officers (VP
removal needs effective majority in RS & simple in LS9)
iv. Special
i. >2/3rd of present & voting => RS Approval (eg. All india services
approval, Parliament making law on state subject approval)
ii. >2/3rd present & voting + >50% of total strength => Art 368, SC judges
removal, Emergency Approval
iii. >2/3rd present & voting + >50% of total strenth + Simple majority of
half of state legislatures => Art 368 federal character (Eg. GST, NJAC)
iv. >2/3rd of Total Strength => Removal of President
• FR

i.
• 86th AA, 2002 added-

i. FR Art21 - 6-14yo
ii. DPSP Art 45 - state shall endeavour …. Age btw 0-6yo
iii. 11th FD - Parent to provide education to child btw 6-14yo
• 97th AA, 2012 added-
i. FR Art 19(1)
ii. DPSP 43B
iii. Part IXB

• FRs only for Indian citizen -
i. Art 15 (discrimination)
ii. Art 16 (public employment)
iii. Art 19 (free speech etc.)
iv. Art 29
v. Art 30
• All other rights enjoyed by citizen and aliens
• Enemy Aliens => do not enjoy Art 22
• Against State as well as Private individuals -
i. Art 15(2) - no citizen shall, on grounds only of religion, race, caste, sex, place of
birth - deny access to shops, wells, tanks, roads etc
ii. Art 17
iii. Art 21
iv. Art 23 - human traficking & begar
v. Art 24 - child labour (<14 yo)
• Article 12 - State is -
i. Govt and Parliament of India
ii. Govt and legislature of states
iii. Local authorities
iv. Other authorities -
i. Dept of govt
ii. Institution controlled by govt
iii. LIC and ONGC
iv. Electricity Board and IDBI, IFC
• Cooperatives, NCERT is not included (since not much govt
financing)
• Judiciary not included explicitly
• UN is not state
• Article 13 - Law is -
i. Permanent laws enacted by parliament or state legislature
ii. Temp law like ordinances
iii. Delegated legislation (executive legislation) => bye-law, rule, regulation,
notification
iv. Non-legislative sources => custom
• Not CA
• Art 14
i. Equality Before Law - Immunities : -
i. President & Governor
i. Professional capacity - absolute
ii. Personal capacity -
i. Civil => upon notice
ii. Criminal => after tenure
ii. Legislator - inside parliament related
iii. Diplomatic - Absolute
ii. Equal Protection of Law
i. Like people alike
ii. Social & educational grounds

iii. Rule of Law
• Art 15
i. Prohibition of discrimination ONLY on basis of -
i. Religion
ii. Race
iii. Caste
iv. Sex
v. Place of birth
ii. Exception -
i. Women and Children
ii. Advancement of SC, ST, OBC, EWS
• Art 16 - Public employment
i. Reservation
i. Education (public + pvt) & Employment (public only)
ii. Cannot cross 50%
iii. Carry forward policy
• Art 18 - Titles
i. Hereditary Title - NO
ii. Military - Yes
iii. Academic - Yes
iv. Foreign - permission from govt
• Art 19
i. Art 19(2)
• Restrictions on Internet have to follow principles of proportionality under
Article 19(2), i.e. when question of -
i. Sovereignty, integrity of India
ii. Security of state
iii. Friendly relations with foreign states
iv. Public order, decency, morality
v. Contempt of court, defamation or incitement to an offence
• Art 20 - Conviction Offense

i. Civil - Retrospective allowed
ii. No Double jeopardy
iii. Principles of Natural Justice
i. Free & fair trial
ii. Can't be forced to witness against yourself (allowed in civil cases tho)
• Art 21
i. Euthanasia - Living will => allowed
ii. Privacy (Puttaswamy)
• Art 21A
i. 6-14yo
ii. Applicable to Pvt & Govt school both
iii. NO LEGAL ACTION if -
i. Child doesn't want to go
ii. Parent doesn't want to send
iv. 25% EWS reservation in private schools
• Art 22 - Arrest & Detention

i. Punitive Detention - protection NOT to enemy aliens
i. Lawyer
ii. Informed on grounds
iii. Produced before magistrate in 24hrs
ii. Preventive detention - protection to BOTH alien & citizens
i. Detention < 3 months (unless advisory board - HC judges - extend)
ii. Ground should be told
iii. Parliament can prescribe -
i. Circumstances of detention > 3 months without Advisory board
opinion
ii. Max period of detention
iii. Procedure to be followed by advisory board
• Concurrent List
• Art 26 - Right to property for religious denominations
▪ Acc to SC, Religious denomination has-
i. System of belief
ii. Common org
iii. Distinctive name
• Art 27 -
i. No person shall be compelled to pay tax for promotion of religion
▪ BUT, fee can be levied on pilgrim => for secular administration of religious
denomination
• Art 29
i. Any section of citizens have right to conserve their distinct language, script,
culture
• NOT restricted to minorities
ii. Right to conserve language include right to agitate for its protection
o Right to Property
i.
o 31 Series - Art 31 (Right to Property) removed by 44th AA, 1978

i. Art 31A

i. Saves 5 categories from violation of Art 14 & Art 19
i. Modifying/extinguishing mining license
ii. Acquisition of estates
iii. Taking over mgmt of properties
iv. Amalgamation of properties
v. Modifying rights of directors/shareholders of company
ii. Payment of compensation at market value <= when acquire land of a
person under personal cultivation within ceiling limit
iii. No immunity from JR (Unless reserved for Prez assent)
ii. Art 31B
i. 9th schedule
ii. Wider than 31A => immunise all laws from FR
iii. SC :- law placed after 1973 => open to challenge if they violate - Art 14,
15, 19, 21
iii. Art 31C
i. 25th AA, 1971
ii. 39(b),(c) > 14, 19
• Art 32
i.

• WRITS
i. Habeas Corpus - present body before court/ set free an arrested person if
grounds of arrest are unlawful
i. Against Executive, Judiciary, Private
ii. Against Illegal detention
iii. No Locus standi
iv. Cannot be issued when -
i. Detention is lawful
ii. Detention by competent court
iii. Proceeding is for contempt of court or legislature
iv. Detention outside court jurisdiction
ii. Mandamus - WE COMMAND - when particular officer is not doing their legal
duty and infringing on right of an individual
• To do or not to do
i. Can be issued against -
i. Official to perform his duties
ii. Any public body
iii. Govt
iv. Inferior court
v. tribunal
ii. Cannot be issued against -
i. A private body or individual
ii. To enforce departmental instruction that does not possess
statutory force
iii. Discretionary duty
iv. To enforce contractual obligation
v. President or Governor
vi. Chief Justice of HC acting in judicial capacity
iii. Can’t ask Parliament to amend a law (as it is not their duty)
iv. Yes Locus Standi
iii. Prohibition - TO FORBID - issued by a higher court when lower court is beyond
its jurisdiction => directs inactivity
i. Only against judicial/quasi-judicial authorities
ii. When case in progress -> Preventive
iii. Yes locus standi
iv. Certiorari - TO BE CERTIFIED - court orders lower court or another authority to
transfer matter pending to higher authority
i. When case decided -> Preventive + curative
ii. No Locus standi - since case already decided (you might already be in jail
- to kaise locus standi karoge?)
v. Quo Warranato - BY WHAT AUTHORITY - restricts person from acting as office
holder if he is not entitled to it
• Questions authority
i. Against Execuctive or Judiciary
ii. No Locus standi - since maybe I was put in jail by executive authority
already - can't go to court now
• Parliament can empower any other court to => Issue writs of all kinds

t. Emergency
i. All FRs except Art 20 & 21 can be suspended
ii. Art 19 - automatically invalid during emergency under EXTERNAL Factors (War,
external aggression)
iii. Enforcement of ALL FRs - can be suspended (can't go to court) through
Presidential order => (but will resume after emergency lifted)
u. Art- 33
a. Empowers Parliament to restrict FR of members of armed forces, para-military
forces, police, intelligence agencies and analogous forces
b. Any such law made by Parliament cannot be challenged in any court on the
ground of contravention of any of the FR
c. Navy Act, Army Act, Air Force Act, Police Forces Act, BSF Act
d. Covers all non-combatant employees like cook, carpenters etc also
b. Art 34 - Martial Law
a. Restriction on FR when it is in force => Affects Only FR
b. SC :- martial law doesn't mean suspension of Habeas Corpus
c. Not defined in Consti
c. Art 35 -
a. Only Parliament can make laws for enforcement of FR - even if they fall under
state list
o Other rights -
a.
f. CITIZENSHIP

a.
b. Citizenship Act, 1955

a. Govt may -
i. Maintain NRIC => and for that purpose establish a National
Registration Authority
ii. Compulsorily register every citizen of India and issue a national
identity card to him
b. Loss of citizenship-
i. Renunciation
a. When a person renounces his Indian citizenship => his
minor child also loses citizenship. However, when such
a child attains age of 18, he may resume citizenship
ii. Termination - acquire citizenship of other country
a. Application for renunciation or termination => can be
withheld if India is engaged in war
iii. Deprivation - flawed docs while registration/naturalisation
• Disloyalty to consti
• Unlawfully traded with enemy during war
• Imprisoned in country for 2 years within 5 years of
registration/naturalisation
• Ordinarily resident out of India for 7 years continuously
c. Procedure for acquisition of Citizenship-

•
i. By Birth - Jus Soli (right of being born on soil) => Cannot be

"deprived" of his/her citizenship (can be terminated tho) -
AUTOMATIC
a. Both Indian parents
b. One Indian parent & other not illegal migrant
ii. By Descent - born outside India but parents indian citizens - Jus
Sanguine (by blood) - AUTOMATIC
a. One parent is Indian at time of birth
b. Registered with Indian consulate within one year of
birth
• Only these 2 (jus soli and jus sanguine are RIGHTS, in other 3
ways, govt can decide)
iii. By Registration - Need Approval
a. 7 years stay + 12 months continuous prior application
iv. By Naturalisation - Need Approval
a. Served indian govt
b. Resided in India for 11 years
v. By Incorporation Of Territory - Eg. When Pondicherry became
territory of India => this method available only with GoI, and not
the individual
c. CAA, 2019
a. Non Muslims from ABP (Afg, Bang, Pak) entering India before 31 Dec
2014 =>
i. No longer illegal migrants
ii. Pardon from all prior immigration related cases
iii. Reduced requirement from 11 yrs to 5 yrs to apply under
naturalisation category
iv. If citizenship granted => then from date of entry into India
b. Exemptions -
i. 6th schedule areas - TMAM (Tripura, Mizoram, Assam,
Meghalaya)
ii. ILP - ANMM (Arunachal, Nagaland, Manipur, Mizoram)
d. NPR
a. List of all usual residents (6 months)

b. Demographic + Biometric data
c. Conducted as part of census
e. NRC
a. Official record of Indian citizens
b. Demographic data
c. Only conducted in Assam so far
g. TRIBUNALS
a. Quasi-judicial body estd by Act of Parliament or state legislature under article
323-A or 323-B (added by 42nd AA, on recc of Swaran Singh Committee)
a. State Legislature can also make Tribunal under Art 323-B
b. Do not follow uniform procedure laid down by Civil Procedure Code and Indian
Evidence Act => follow Principle of Natural Justice
c. Enjoy some powers of civil court
d. Can punish for contempt (Same powers as HC) <= Contempt of Courts Act, 1971
e. Legally binding decisions subject to appeal
a. CAT appeal to HC
b. NGT appeal to SC
f. Tribunal, Appellate Tribunal and Other Authorities Rules, 2020
a. By MoFinance under Finance Act, 2017
b. Apply to 19 tribunals (excluding Foreigners Tribunal)
c. Appointment and removal from tribunals by Search cum Selection
Committee composed to CJI + president of concerned triunal + 2 govt
secys from concerned ministry
d. Fixed Term of 4 years of tribunal members
h. Foreigner's Tribunal
a. MHA amended Foreigner (Tribunals) Order, 1964 => empowers Central Govt,
State Govt, UT Administration & Distt Magistrate in ALL States & UTs to setup
tribunals to decide whether person staying illegally is foreigner or not
b. Now it also empowers individuals also to approach tribunals
a. Earlier only state admin could move tribunal against suspect
c. Decision of FTs cannot be abbrogated by executive action => i.e. decision
prevails over government's decision
d. First setup in 1964
e. Only setup in Assam => in other states illegal foreigner apprehended by police is
prosecuted in local court
f. FT headed by -
a. Retired Judicial Officer/Bureaucrat/Lawyer with minimum 7 years of
practice
i. Armed Forces Tribunal
a. Estd in 2009 under Armed Forces Tribunal Act, 2007
b. Principal bench in Delhi + 11 regional benches
c. Criminal Court wrt Indian Penal Code & CrPC
d. To adjudicate complainst wrt appointments & service conditions under Army
Act, Navy Act, Airforce Act + Appeals to court martials
e. Each Bench has -
a. Judicial Member - retd HC judge
b. Administrative Member - retd armed forces members
f. Chairperson of AFT - retd SC judge or retd CJ of HC

g. Paramilitary Forces (incl Assam Rifles & Coast Guard) => OUTSIDE purview
j. Administrative Tribunals Act, 1985-
o Constitution -
▪ Art 323-A - Administrative Tribunals - Only by Parliament
• State Administrative Tribunal => formed by Parliament on
request of state => Chairman appointed by Prez
▪ Art 323-B - Tribunals for other matters - by Parliament or state
Legislature
o Provides for 3 types of Tribunals
a. Central Administrative Tribunal (CAT)
a. Exercises original jurisdiction wrt recruitment and all service matters of
public servants
b. Jurisdiction -
i. All India Services
ii. Central civil services
iii. Civil posts under center
iv. Civilian employees of defense services
5. Corporation or society owned/controlled by GoI
b. Doesn't cover -
1. Defense forces
2. SC staff
3. Secretarial staff of Parliament
c. Appeals against CAT => lie before division bench of HC
d. Not bound by procedure laid down in Civil Procedure Code, 1908 =>
guided by Principles of Natural Justice
b. Administrative Tribunal for State Employees - Central govt can establish upon
request from State govt
c. Joint Administrative Tribunal (JAT) - 2 or more states might ask for joint
tribunal
b. OCI
a. OCI cardholder gets -
a. Multiple entry lifelong visa
b. Can apply for driver's license and PAN Card
c. Eligible for citizenship if stays in india > 5yrs
d. Exemption from reg with Foreign Registration Officer (FRO) for any
length of stay
e. Parity with NRIs in -
1. Economic, financial and educational fields
2. Inter-country adoption of Indian children
3. Entry fees wrt monuments etc
f. Non parity with NRIs in matters of agri & plantation properties
• FEMA -> NRI cannot buy agri land => can only acquire agri land
by inheritance
l. Dhar Commission, 1948

a. Rejected language as basis
m. JVP Committee, 1949
a. JLN, Vallabhai Patel & Pattabhi Sitaramayya

b. Formally rejected language as basis
c. Said time was not suitable for formation of new provinces
n. Fazl Ali Commission/State Reorganisation Commission, 1955
a. Headed by Fazl Ali. Members- Kunzuru and Panikar
b. Rejected theory of 'one language one state' => But broadly accepted language
as basis of states
c. Reccs-
a. 3 tier (Part -A/B/C) state system should be abolished
b. " it is neither possible nor desirable to reorganise States on the basis of
the single test of either language or culture, but that a balanced
approach to the whole problem is necessary in the interest of our
national unity"
c. Etc.
d.
o. State Reorganisation
a. ART 2 - External

a.
b. Berubari Case, 1960 - need consti amendment to cede territory

c. Maganbhai Patel vs UoI, 1969 - SC ruled that for settlement of a
boundary dispute btw India and another country can be done by an
Executive Action (as it is not cessation of territory)
d.
• ART 3 - Internal

a.
b. Here, amending Consti outside Art 368 => simple majority

c. If amendment in bill, NO NEED TO REFER TO STATE AGAIN
d. Changing name of city => by EXECUTIVE ORDER (Don't need CA or law)
p. Cession of territory
a. Berubari Case => SC said that power of Parliament to diminish the area of state
(Art 3) does not cover cession of Indian territory to a foreign country
b. Can only be done by constitutional amendment
c. SC in 1969 ruled => settlement of boundary dispute doesn't require CA, and
can be done by executive action
q. PRESIDENT
a. Electoral College =>
a. Elected members of Parliament
b. Elected members of Legislative assembly of States and UTs with
legislature
b. Oath given by CJI
▪ Governor oath given by CJHC
c. Only has situational discretion
a. Appointing PM in hung LS, or when PM dies in office
b. Dismissing COM on inability to prove confidence in LS
c. Dissolving LS when it loses majority
d. President Impeachment
a. Only for 'violation of contitution' -> but Governor holds office while
pleasure of President (no such constitution violation condition)
▪ Nominated members participate => but don’t participate in election
▪ Elected members of legislative assemblies of Delhi, Puducherry and J&K
do not participate in impeachment (though they vote in his election)
e. Appointed by Prez by warrant under his hand and seal (i.e. directly by him, not
delegated to any other authority) -
a. CAG
b. Judges of SC and HC
c. Attorney General
d. CVC (Non Constitutional Body)
e. State Governor
f. All Members of NCSC and NCST

• CIC => appointed by President but appointment letter has sign
of Minister of Personnel
f. Bills Requiring prior recc of President before being introduced -
a. Bill concerning formation of new state (or alteration under Art 3)
b. Money Bills - ONLY IN LS (Can be introduced by Private member also)
c. Financial Bill (I) {Art 117(1)} - can be introduced ONLY IN LS (similar to
ordinary bill in other aspects i.e. can be rejected by RS, joint sitting etc)
• Finance Bill (II) {Art 117(3)} - can be introduced in BOTH
HOUSES (follows same procedure like ordinary bill) - Does NOT
need Prez recc while introducing => BUT needs Prez recc before
passing by each house
• Finance Bill II => expenditure from CFI
d. State Bills that impose trade restrictions (under Art 304) - by state
legislature
e. Bills which impose surcharge for the purpose of Center
f. Bill which varies definition of expression of "agricultural income"
g. Bill which imposes any tax or duty in which states are interested
(under Art 274) - to ensure financial autonomy of states and fiscal
federalism
▪ NOT Consti Amendment (can be introduced by Private member
also)
g. Present Report to President

a. Annual report of CVC
b. Reports of CAG
c. Annual report of UPSC
d. NCSC & NCST
e. NC on Backward Classes (OBC)
f. Report of special officer for linguistic minorities (not annual)
g. Finance Commission (not annual)

▪ Governor - HAS TO RESERVE for Prez - bills regarding High Courts
▪ Governor reserving State Money Bill, President -
a. Can REJECT it
b. CANNOT RETURN it
▪ President can -
i. Reject all bills except Consti Amendment Bill
ii. Return all bills except Consti Amendment + State money bill
▪ Art. 72 => Clemency Powers of President / Art 161 => Governor
o Art 72 Pres =>Extends to court martial, death sentence, offense against Union
Law
▪ Art 161 => Governor has No power over Court Martial and Death
sentence, only offence against state law
o Can be challenged in court - if president's decision is arbitrary, irrational,
malafide and discriminatory

o Petitioner has no right to an oral hearing by President
o By President on Advice of COM (Home Minister recommends after consultation
with state govt)
o President not bound to give reasons for his order
o Governor cannot pardon (but can commute, remit, respite, repreive) death
sentence to life imprisonment etc (done by TN gov for Rajiv Gandhi assasination
convicts)
i. Pardon - completely absolves offender (Governor cannot pardon death penalty)
ii. Commutation - nature of punishment made less severe (nature changed)
iii. Remission - reduction in period of sentence without changing character
(quantum changed)
iv. Respite - lesser punishment on special grounds eg. Pregnancy
v. Reprieve - temporary suspension of death sentence
o
▪ Governor
i. Has constitutional + situational discretion (Prez only has situational)
▪ Constitutional discretion -
1. Reserve bill for Prez consideration
2. Recc Prez rule
3. When given additional charge of UT -> can take actions on own
discretion
4. Determine amount payable by governments of Assam,
Meghalaya, Tripura, Mizoram to autonomous Tribal Distt
Council as royalty from mineral exploration
5. Call upon CM to seek info regarding admin & legislative affairs
▪ Situational discretion -
1. Appoint CM when no party has clear majority, or CM dies and
there is no successor
2. Dismissal of COM when can't prove confidence
3. Dissolution of state legislature if COM lost majority
▪ Situational - same as Prez
ii. Oath by CJHC
iii. Can be removed by Prez without granting opportunity to be heard
▪ Can be challenged in court of law => i.e. Court can interfere if govt fails
to give cogent reasons for removing governor by Center
iv. Governor CAN function without COM (Unlike Prez - 42nd AA)
▪ Center-State Powers
i. Legislative
▪ Center cannot delegate its legislative powers to state

▪ But Parliament can make laws on State list in 5 extraordinary
circumstances -
1. When RS passes resolution
2. National Emergency
3. President's rule
4. To implement international agreement
5. When 2 or more states make a request => thus a single state
cannot request Parliament to make law on state subject
ii. Executive
▪ President may (with consent of state govt) entrust Center's executive
functions to State govt
• Similarly Governor of a state (with consent of Central govt),
entrust State's executive functions to center
▪ Parliament (with or without consent of state) can entrust Center's
executive functions to state
• Similar cannot be done by State to center
▪ Zonal Councils
i. Statutory bodies estd by State Reorganisation Act, 1956
ii. 5 zones - (Northern, Central, Eastern, Western, Southern)
▪ NE council - Statutory body by separate act of parliament in 1972
1. Chaired by Home Minister
2. Governors + CMs of all 8 NE states + 3 members nominated by
Pres
iii. Chairman of all councils- Home Minister
iv. Members of each council -
▪ Home Minister of center
▪ CMs of all states in zone
▪ 2 other ministers from each state in zone
▪ Administrator of each UT in zone
▪ 1 person nominated by NITI Aayog, Chief Secys of states in zone
v. Only deliberative and advisory bodies
vi. Zonal Councils meet as and when Chairman decides
▪ Punchhi Comm recc => should meet 2 times a year
▪ InterState Council
i. Constitutional body (art 263) => constituted by Presidential order on recc of
Sarkaria Comm
ii. Recommendatory body => discusses subjects in which states and union have
common interest
iii. Advisory function in interstate issues - complementary to SC (which is binding)
iv. Structure-
▪ Chairman - PM
▪ Members-
1. CMs of all states and UTs having LA, and administrators of rest
UTs , Governors of states under Prez Rule
2. 6 Union Ministers nominated by PM
▪ Secretariat - assisted by a Secretariat headed by Secretary to GoI
• It also works as Secretariat of Zonal Councils

▪ Standing Comm of Council - consists of Home Minister + 4 cabinet
ministers + 7 CMs
v. Has met only 11 times in 26 years => underutilised and ignored largely
▪ Sarkaria Commission, 1983 - on Center-State Relations => Role of Governor

i. Order of preference Governor is expected to follow while inviting political
parties for forming govt in hung assembly-
▪ Pre-Poll Alliance
▪ Single largest party which stake a claim to form govt
▪ Post-poll alliance with all partners in coalition joining govt
▪ Post-poll alliance with some part of govt, & some supporting from
outside
ii. CM has to seek vote of confidence in assembly within 30 days of taking over
iii. Governor should test claims on floor of House
▪ Puncchi Commisison, 2007
i. Localising emergency provisions under Art 355 & 356 => some distts or part of
distts, not whole state
ii. Governor should have right to sanction prosecution of a minister against advice
of COM
iii. Governor should not be made Chancellor of universities
iv. Governor to be appointed by committee of => PM, Home Minister, Speaker of
LS & State CM
v. Governor removed through impeachment by state legislative assembly
▪ Democracy
i. Direct
▪ Referendum
▪ Recall
▪ Initiative
▪ Plebiscite
ii. Indirect
▪ Parliamentary, or
▪ Presidential
• LOCAL SELF GOVERNMENT

o History
▪ Chola Period - village republics in Kanchipuram in 10-11th century
▪ Lord Mayo resolution, 1870 => initiated process of decentralization
▪ Lord Ripon's resolution, 1882 => general principle and rationale for LSG
▪ Royal Commission on Decentralisation, 1907 => LSG should begin at
village level, not distt
▪ Montague Chelmsford Reforms, 1919 => Local governance part of
transferred list under diarchy
▪ Ambedkar - against PRI as he felt panchayats will be dominated by
upper caste
▪ Gandhi - PRI is key to Gram Swaraj
• Therefore, Ambedkar agreed to put PRI in DPSP (art 40)

▪ 1952 - Community Development Programme; 1953 - National extension
service
• Both failed => since no participative development
▪ 1957 - Balwant Rai Mehta Comm
1. 3 tier system
2. Popular representation
3. Training for panchayat personnel
• PRI came in Raj, Andhra, MH
▪ 1977 - Ashok Rai Mehta Comm
1. 2 tier system (distt first)
2. Political Party to be allowed in PRI
3. Compulsory power of taxation
4. Compulsory 5 yr period
5. Reservation for SC/ST
6. Role of NGO in training elected members
7. Social audit
• PRI started in WB, J&K, Karnataka, Andhra
▪ 1978 - Dantewala Comm
1. Shift first level of planning from distt to block
▪ 1984 - Hanumantha Rao Comm on Distt Planning
1. Increase public participation
▪ 1985 - GVK Rao Comm
1. Revival of PRI
2. Transfer of power to democratic local bodies
3. Distt to be basic unit of planning
4. Zila Parishad principal body for program at that level
▪ 1986 - LM Singhvi Comm
1. Constitutional recognition of PRI
▪ PRI
i. 73rd AA, 1992 - Part IX (art 243-243O) - 11th schedule & 74th AA, 1992 - Part
IXA (art 243P-243ZG) - 12th schedule
ii. Term - 5 yrs (min age -21 yrs)
iii. Art 40 (DPSP) - Promote PRI
iv. Fresh elections -
▪ before expiry of 5 years
▪ If dissolved and remainder period > 6 months => by elections (will
continue only for that remainder period. New elections after that)
• If remainder period < 6 months - not needed (unlike MLA,
wherein byelection happens within 6 months only when
remainder period > 1yr)

o
▪ History -
i. Balwant Rai Mehta Comm , 1957
▪ Failure of CDP (Community Dev Programmes - Etawah Project) because
- lack of People's participation
▪ Suggested 3 tier PRIs - Gram Panchayat, Panchayat Samiti, Zila Parishad
• Democratic Decentralisation in Rajasthan on 2 Oct, 1959
ii. Ashok Mehta Comm, 1977
▪ Recc 2 tier PRI => Zila Parishan & Mandal Panchayat
iii. Other committees -
▪ Hanumantha Rao Comm (1983)
▪ GVK Rao Comm (1985) - recc making distt as basic unit of planning
▪ LM Singhvi Comm (1986) - recc financial resources and constitutional
status of panchayats
▪ Sarkaria Comm on Center-State relations (1988)
▪ PK Thungan Comm (1989)
▪ Harlal Singh Kharra (1990)
iv. Features of 73rd and 74th AA-
▪ Added 2 new parts - Part IX ("The Panchayats") & Part IXA ("The
Municipalities)
▪ Basic units of democratic system - Gram Sabha (villages) & Ward
Committees (Municipalities)
▪ Art 243(B) -3 tier system except in states with pop < 20L
• PRI system not present in - Nagaland, Meghalaya, Mizoram
▪ Chairperson of Panchayat at village level => elected in manner
provided by State legislature
1. Chairperson at intermediate & Distt level => by INDIRECT
election (elected by members amongst themselves)
▪ Seats reserved for SC, ST (for chairperson also)
▪ 1/3 rd => for women (even in SC/ST reserved seats and offices of
chairperson)
▪ Independent State Election Comm

▪ Panchayats to plan for economic dev and social justice wrt State law
and 11th schedule
▪ District Planning Comm to consolidate plans prepared by Panchayats
and Munincipalities
▪ Budgetary allocation from State Govt + certain taxes (collection and
retention), Central govt plans, Union Finance Commission grants + State
Finance Comm => to determine principles on basis of which devolution
would happen
▪ 11th schedule - 29 functions under PRI => voluntary provision, states
may decide
1. Rural housing
2. Vocational education
3. PDS
4. Implementation of land reforms
5. Fisheries
6. Animal husbandry
7. Micro-irrigation, water mgmt
8. Poverty alleviation programmes etc
• 12th Schedule - 18 functions to municipalities
▪ Art 243R =>Chairperson of Municipality election as provided by state
legislature. State Legislature may provide representation in municipality
for =>
1. Person with special knowledge of Municipal admin => won't
have right to vote in meeting
2. LS member
3. LA member
4. LC member of the municipal Area (not RS member tho)
▪ PANCHAYATS -
• Compulsory Provisions -
▪ Organisation of Gram Sabha
▪ Estd of Panchayat at 3 levels (except States < 20L
pop)
▪ Direct elections to all seats at all 3 levels
▪ Indirect Election of Chairperson for Intermediate &
Zila
o State can choose manner of election for
Chairperson of Village level
▪ 21 years min age for contesting elections
▪ Reservation for SC/ST at all 3 levels (in proportion of
their pop in region) & 1/3rd for Women
▪ Estd State Election Comm
▪ Estd State Finance Commission
▪ Tenure of 5 years for all levels => Fresh elections
within 6 months
• Voluntary Provisions
▪ Representation to MPs, MLAs

▪ Reservation for BCs at any level
▪ Powers to panchayat => self
governing insti
▪ Devolution of powers to
Panchayats -
1. Prepare plans for
economic dev & social
justice
2. Perform some or all 29
functions in 11th
Schedule
▪ Granting Financial powers to
Panchayats
▪ Misc
i. Indirect election to the post of chairperson of panchayat (and municipal corp)
▪ Areas exempted -
i. Areas listed under 5th schedule (Andhra, Bihar, Gujarat, HP, MP, Maharashtra,
Orissa and Rajasthan)
ii. Nagaland, Meghalaya and Mizoram
iii. Hill areas of Darjeeling (WB) => Darjeeling Gorkha Hill Council exists
▪ Urban Local Bodies

i.
ii. Municipal Corporation

▪ 3 authorities -> Council, Standing Committees, Commissioner
▪ Mayor is head of Council (First Citizen of city) => usually elected for 1 yr
renewable term
▪ Formed by Act of State Legislature
▪ Municipal Comissioner is responsible for implementation of decisions
taken by council and its standing committees => i.e. he is chief executive
authority => appointed by State Govt
▪ Direct elections to municipality and municipal corporation
▪ Tenure of 5 years of members (reservation for SCs, STs and women as
per 74th AA)
▪ State legislature provides manner of election and duration (tenure) of
the Mayor - Not 74th AA
▪ Recently many states are moving towards direct election of Mayor (Eg.
TN)
iii. Metropolitan Planning Committee (u/a 243ZE)
▪ Every metropolitan area shall have this. State can m ake provisions wrt -
1. Composition of such comm
2. Manner of election of members
3. Representation of center and state govt in these
▪ Mandatory body
▪ 2/3rd members of MPC should be elected by members of
municipalities and chairpersons of the panchayats in metropolitan
area
▪ Chairperson of MPC => forwards development plan to state govt
iv. District Planning Committee (under 74th AA)
▪ All states shall constitute at the district level (except Meghalaya,
Mizoram, Nagaland, NCT of Delhi)
▪ To consolidate the plans prepared by panchayats and municipalities =>
and prepare draft dev plan for district as a whole
▪ 4/5th members of DPC should be elected by the elected members of
the district panchayats and municipalities in the district among
themselves
▪ Representation of members in DPC in proportional ratio btw urban and
rural pop of distt
▪ Nominated members represent state and govt agencies

▪ To avail Backward Region Grant Fund - state must have to constitute
DPC acc to art 243ZD
v. Ward Committee - Consisting of one or more wards within territorial area of all
municipalities with pop > 3L
▪ State legislature makes laws wrt composition and manner in which seats
to be filled
▪ 8 Types of Urban Local Bodies-

i. Municipal Corp
ii. Municipalities
iii. Notified Area Comm
▪ Area earmarked by law for future development
▪ Established by notification in govt gazette
▪ In 2 types of areas-
1. Fast developing town due to industrialisation
2. Town which doesn't yet fulfill all conditions necessary for
Municipality, but considered imp by state govt
▪ Setup by State Govt by notification => entirely nominated by State Govt
(i.e. neither elected, nor statutory body)
▪ Pop= 10,000-20,000 (Town pop> 20,000)
iv. Town area Comm
▪ Statutory body setup by state (i.e. by separate act) for small towns
▪ Semi-municipal body with limited municipal functions
v. Cantonment Board
▪ Administration of civilians in cantt area
▪ Statutory body (Cantonment Act, 2006) by center
▪ Under MoDefence
▪ 8 elected members. 8 nominated members
vi. Township
▪ Estd by large public enterprises to provide civil amenities to staff and
workers who live in housing colonies near the plant
▪ No elected members => extension of bureaucratic structure of
enterprise

vii. Port Trust
▪ 2 purposes-
1. Manage and protect ports
2. Provide civic amenities
▪ Created by Act of Parliament
▪ Both elected and nominated members
viii. Special Purpose Agency
▪ State sets up certain agencies to undertake activities/specific functions
that belong to municipalities/ULBs => Function based bodies, not area
based
▪ Statutory bodies by act of state or as departments by executive
resolution
▪ Not subordinate to other ULBs
▪ Eg - Town improvement trust, housing boards, pollution control board,
Electricity supply board, city transport board etc
▪ LOCAL SELF GOVT summary
i.

c.
d.

e.
f.
g.

29. 6th Schedule => Autonomous Districts => in 4 NE states (Assam, Meghalay, Tripura,
Mizoram) - Art 244
a. Autonomous District Council - 30 members (4 nominated by Governor, 26
elected on basis of adult franchise)
i. Autonomous Regional Council => Governor can divide autonomous
district into autonomous regions if there are diff tribes within 1
autonomous district
ii. Term - 5 years
iii. Accounts audited by CAG => report submitted to Governor who lays it
before respective District council/regional council
b. President may direct that any act of parliament shall not apply to autonomous
district or region in Meghalaya, Tripura and Mizoram (except in case of Assam
where Governor can direct that act of parliament shall not apply to autonomous
district). State legislature laws for all 4 states => Governor directs
c. Governor organize/re-organizes autonomomous dists => can increase/decrease

their area
d. Act of Parliament by default is not applicable here
30. 5th Schedule

a. Tribal Advisory Council
i. Each state having scheduled areas (5th schedule) has to establish TAC
to advise on welfare and advancement of STs
ii. If president so directs, TAC even in state having STs but no Scheduled
Areas (eg, TN, UK, WB)
iii. TAC consists of 20 members - 3/4ths are representatives of STs in state
legislative assembly
b. President declares an area as Scheduled Area => can also
increase/decrease/alter/redesignate its area and boundaries
c. Governor has discretion regarding administration of Scheduled Areas =>
i. make rules for better management of peace and good governance in
such areas
ii. Governor (and not President) directs that act of parliament and state
legislature does not apply to scheduled area
d. Act of Parliament is applicable by default unless mentioned by Gov
31. State Tribal Minister

a. Jharkhand, MP, Chhatisgarh, Orissa => constitutional obligation to have such a
minister
b. Bihar dropped from list after 94th AA, 2006
32. Inner Line Permit
o Recently, Manipur has launched online portal for travellers to seek ILP
a. ILP is a travel document that allows Indian citizen to visit or stay in a state that is
protected under ILP system
i. Foreigners need a Protected Area Permit (PAP) to visit tourist places
which is diff from ILP needed by domestic tourists
ii. In force in 4 NE states => Arunachal, Nagaland, Manipur, Mizoram
1.
iii. Stems from Bengal Eastern Frontier Regulation Act, 1873

iv. ILP is issued by state govts
33. Presiding Officers of House

o LOK SABHA
i. Speaker => doesn’t take oath for office of speaker separately -> takes
oath along with other members by pro-tem speaker

• Must be member of house
• Election date of Speaker decided by President
• Removed by Effective Majority => can vote only in first instance
when resolution of his removal is voted upon
• Ex-officio chairman of Indian Parliamentary Group
(international)
• Can force member to withdraw from House (for remaining part
of day) or place him under suspension
• Suspension can be REVOKED by HOUSE only (NOT
speaker)
ii. Deputy Speaker (opposing party convention) - not subordinate to
speaker but directly responsible to house => doesn't take oath for
office => if member of any Parliamentary Comm, he automatically
becomes Chairman of committee
• Election date of Deputy Speaker decided by Speaker
▪ If speaker and Deputy Speaker absent :-
1. Panel of 10 Chairpersons (Nominated by Speaker) - when they
also absent => any member of house determined by House acts
as presiding officer
▪ If office of speaker and deputy speaker vacant :-
• Panel can't preside over the house => President decides who
shall preside amongst LS members (not panel) => Pro Tem
Speaker
▪ Pro Tem Speaker -> President selects member (seniormost by
convention) temporarily when LS is elected to enable election of new
speaker
• Oath of Protem speaker administered by President => same as
oath of LS member

▪
o RAJYA SABHA
i. Chairman => isn't member of house (unlike speaker) => nominates
Panel of chairpersons to preside over house in absence of chairman and
deputy chairman => can vote only in case of tie (unlike speaker)
• Removed by Effective majority in RS + agreed by LS => doesn’t
vote during his removal even on first instance (unlike speaker)
• DOES NOT have power to suspend member (unlike speaker) =>
HOUSE SUSPENDS, and Revokes suspension
ii. Deputy Chairman - NOT subordinate to Chairman
iii. Panel of 6 Vice Chairpersons =>Nominated by Chairman => preside
when both absent
iv. If Vacancy => President shall nominate a person suitable to preside till
the new chairman is elected

o
o Misc-
i. Adjournment of sitting by presiding officer => sitting terminated, not
the session
ii. Prorogation of session (termination of session) by President => done
after Presiding officer adjourns sine-die
iii. Dissolution of term by President => ends life of LS
34. BILLS WHEN LS DISSOLVES =>

a. Bills pending before LS i.e. transmitted to it by RS or originating before it =>
Lapse
b. Bill originated and passed by LS but pending in RS => Lapse
c. Bills originating in RS and not yet passed or transmitted to LS => Do not lapse
d. Bills passed by both houses waiting president's assent => Do not lapse
e. Bills held due to deadlock and President has notified joint sitting => Do not
lapse

o
35. Parliamentary Procedure

a. Question Hour- First hour. Mentioned in Rules of Procedure. 3 types of
questions -
i. Starred Q - oral answer, supplementary Q can follow
ii. Unstarred Q - written ans, no supplementary Q
iii. Short Notice Q - Oral answer, on a matter of urgent public importance;
asked by giving notice of less than 10 days
▪ Can be asked from any member (not only Minister)
b. Zero Hour - after question hour - uptill work of house is taken up
i. Informal => Not mentioned in Rules of House - Indian Innovation

o
36. BILLS
a.
37. Parliamentary Motions - not mentioned in Constitution

a. Motions
i. No discussion on a matter of general public importance can take place
except on a motion made with consent of Presiding officer
ii. 3 types of motions -

1. Substantive Motion - self contained independent proposal
dealing with important matters - Prez impeachement, removal
of judge/CIC etc
2. Substitute Motion - substitute to an original motion =>
proposes alternative to it => if adopted, supersedes original
motion
3. Subsidiary Motion - itself has no meaning without original
motion. 3 types -
• Ancillary - regular way of proceeding with business of
house
• Superseding - to supersede an issue in debate
• Amendment - to modify ONLY a part of original motion
2. CLOSURE MOTION - moved by a member to cut short the debate on a matter before the
house. If approved by the house, debate is stopped and matter is put to vote. 4 kinds -
a. Simple Closure - matter being sufficiently discussed should now be put to vote
b. Closure by Compartments - clauses of lengthy bill are grouped into parts =>
each part is put to vote
c. Kangaroo Closure - only imp clauses are taken up for debate and voting =>
skipped are taken as passed
d. Guillotine Closure - undiscussed claused are put along with discussed ones on
vote => due to want of time
3. PRIVILEGE MOTION - when a member feel that minister has committed a breach of
parliamentary privileges => by withholding facts or giving wrong facts => censures the
concerned minister
4. f MOTION - member calls the attention of a minister(NOT HOUSE) to a matter of urgent
public imp, and to seek an authoritative statement from him on that matter - Indian
innovation (like zero hour) -> But mentioned in rules of procedure (unlike zero hour)
5. ADJOURNMENT MOTION - to draw attention of House to a definite matter of urgent
public importance
▪ Needs support of 50 members to be admitted
▪ Extraordinary device (since it disrupts normal business of house)
▪ Element of censure against the govt => thus, RS can't do this i.e. Only in LS
▪ Discussion on adjournment motion < 2.5 hrs =>
▪ Should not revive discussion on a matter that has already been discussed in the
same session
6. CENSURE MOTION - for censuring COM for specific policies and actions. Should state
reasons for its adoption. Can be against -
a. Individual minister
b. Group of ministers
c. Entire COM
▪ COM need not resign if it is passed
▪ Only in LS
7. NO-CONFIDENCE MOTION - Art75 - COM is collectively responsible to LS
▪ No need to state reason for its adoption
▪ Against entire COM
▪ Needs support of 50 members to be admitted for consideration
• NOT MENTIONED IN CONSTITUTION (but in Rules of Procedure)

▪ Only in LS
8. MOTION OF THANKS - after Prez's address: (speech to LS+RS assembled together - then
discussed in both houses - if failed in LS=> govt has to resign) -
a. First session after general election
b. First session of every fiscal year
9. NO-DAY-YET-NAMED MOTION - admitted by speaker, but no date fixed for its discussion
yet
10. DILATORY MOTION - to put off further consideration of business in hand for time being
=> to postpone/indefinitely delay a debate
a. A superceding motion, i.e. if it is accepted by Chair => he proposes motion as a
new question
11. HALF-AN-HOUR DISCUSSION
12. POINT OF ORDER - when proceedings of the house do not follow normal rules of
procedure -> When raised, member who is speaking must give way and resume his seat
(NO debate allowed) -> suspends proceedings of the house
13. LAME DUCK SESSION - last session of existing LS, after new LS is elected.
38. Parliament Resolutions

a. Members can move resolutions to draw attention of house to matters of
general public interest
b. Member who has moved the resolution cannot withdraw the same except by
leave of house
c. 3 categories -
i. Private Member's Resolution - by member other than minister -
discussed in afternoon sittings on alternate Fridays
ii. Government Resolution - by Minister
iii. Statutory Resolution - either by pvt member or minister => always
pursued regarding Constitution provision or Act of Parliament
d. Resolution vs Motion -
i. Every Resolution is a substantive motion (i.e. all resolutions are
motions) => all motions need not be substantive
ii. All resolutions are put to vote - all motions are not put to vote
iii.
39. Parliamentary Privileges

o to state legislature also (&Attorney Gen or State)
o Not available to President
o Mentioned in Art 105 => not codified yet by Parliament
o Parliamentary privileges > FR of citizen (in gen -> evolving concept)
o In case of contempt of privilege by member => house can impose punishment
in form of admonition, reprimand, withdrawal from House, suspension,
imprisonment and expulsion from House

a. Collective Privileges
i. No person can be arrested (or any legal process) in premises of house
without permission of presiding officer
ii. No court can investigate proceedings of the house or its committees
iii. Parliament can hold secret meetings in cases of national interest
iv. Can punish members + outsiders for breach of priveleges/contempt
b. Individual Privileges
i. Can refuse jury duty (or to appear before court) when parliament in
session
ii. Cannot be arrested (only CIVIL CASES) 40 days before, after and during
session => can be arrested in criminal case
• In case of PRESIDENT & Governor when in office=>
• CRIMINAL CASES (for both personal & official acts) =>
immunity
• Civil cases (official Acts) => immunity
• Civil cases (personal acts) => can be done with 2 months
notice
iii. Not liable to court proceedings for anything said/vote in parliament or
its committee
40. Private Member Bill -
a. Can be -
i. Constitutional Amendment Bill (No prior Prez recc)
ii. Money Bill (needs Prez recc)
iii. State reorganisation bill (art 3 ) (need prez recc)
b. Needs 1 month notice period, unless Speaker allows on shorter notice
c. Can be introduced & discussed only on Friday
i. Govt Bills => on ANY DAY
41. Constitutional Amendment Bill

a. Amendment to clauses of bill are decided by simple majority
b. President recc not required, and President has to give assent
c. No joint sitting
d. Can be introduced in either house
e. By Private member also => first examined by Comm on Pvt Members' Bills and
Resolutions
42. Parliamentary Committees
o Chairmen of all Parliamentary Committees in LS appointed by Speaker
a. Standing Committees - 6 types
i. Financial Comm- (minister not part of these)
•
Public a/c Examines annual 22 (15+7) members.
Comm report of CAG => Term = 1 yr. Members
ascertain whether elected by
money granted by Proportional
Parliament has been Representation (PR)
spent within "scope of using Single
demand"

First setup in 1921 Transferrable Vote
under provisions of (STV).
GoI Act, 1919 Speaker appoints
Post-mortem Chairman from LS
examination (from opposition
convention)
Speaker of LS tables
its report before
Parliament
Estimates Examines budget 30 members (all from
Comm expenditure LS). Term = 1 yr.
estimates, only after Election= PRSTV
being passed by LS Speaker appoints
Aka 'Continuous chairman (from ruling
Economy Comm' => party)
suggest alternate
policies to bring about
efficiency and
economy in
administration
throughout the year
Comm on Examines reports and 22 (15+7) members.
Public accounts of public Term = 1 yr
Undertakings undertakings - post Election - PRSTV
mortem Speaker appoints
First setup in 1964 on Chairman
recc of Krishna Menon
Comm
ii. Department Standing Committes DRSC (24 comms - 8RS + 16LS)
1. Don't consider day to day admin
2. Advisory reccs
3. Obj - to secure more accountability of Exec to Parliament,
especially Financial Accountability
4. Each DRPSC has => 31 members (10 nominated (NOT ELECTED)
by Chairman from RS, 21 nominated by Speaker from LS)
5. Minister cannot be part of DRPSC
6. Work wrt to bills, budget & policies of the ministry
7. Work upon demand for grants of concerned ministeries => don't
propose any cut motion
iii. Committees to Inquire (3 types)
1. Comm on Petitions - examines whether there is a petition on a
bill or any matter of general public importance
2. Comm on Privileges (semi-judicial) - if any member breaches
code (In LS- 15members, In RS -10)
3. Ethics Comm - If any member misconducts and shows
indiscipline
iv. Comms to Scrutinise and Control (6 types)

1. Comm on Govt Assurance - examines extent of promise carried
out by minister in LS
2. Comm on Subordinate Legislation - whether executives are
using their powers to make regulations, rules/bye-laws
delegated to them by Parliament well
3. Comm on Papers laid on table - scrutinizes credibility of paper
when minister lays any paper on table
4. Comm on Welfare of SCs and STs - (Members from LS-20, RS-
10) - Reports of NCSC and NCST considered
5. Comm on Empowerment of Women - (Members from LS-20,
RS-10) - report of NCW considered
6. Joint Comm on Office of Profit - (LS +RS = 10:5) examines
composition and character of committes and bodies appointed
by govts => whether persons holding that office should be
disqualified from being members of Parliament or not
v. Comm relating to day-to-day business
1. Business Advisory Comm - regulates timetable of house (LS- 15
members including Speaker who is ex-officio Chairman) =>
unanimous decision representative of view of whole house
2. Comm on Private Members' Bills and Resolutions- (LS- 15
members and Deputy speaker chairman) - comm nominated by
Speaker - to examine and allot time to private members' bills
and resolutions and classify them acc to urgency and important
- Category A and Category B
3. Rules Comm - (15 members including Speaker ex-officio
chairman) - members nominated by speaker - considers matters
of procedure and conduct of business in House
4. Comm on Absence of Members - Only in LS - 15 members
nominated by speaker - considers applications of leave of
absence of members
vi. House Keeping Comm
1. General Purposes Comm - Speaker/Chairman is ex-officio
chairman - matters that do not fall under jurisdiction of other
committees
2. House Comm - supervises facilities given to members
(residence, food, medical aid etc)
3. Library Comm
b. Ad-Hoc Comms
i. Inquiry Committes - eg. Joint Comm on Bofors Contract
ii. Advisory Comm - report on particuclar bills, 2 types - Joint and Select
▪ Joint Parliamentary Comm => has members of both Houses - to discuss
a particular issue
▪ Select Committee => formed by one house only - to discuss a particular
bill/issue
o Quorum - nearly 1/3rd
▪ Else Chairperson suspends the sitting
Speaker Chairman of -

1. BAC
2. Rules Committee
3. General Purpose Committee
Committees only in LS -
1. Estimates Committee
2. Comm on Pvt Member Bills (same function in RS is performed by BAC)
3. Committee on Absence of Members (RS has no such committee)
Joint Committee -
1. PAC
2. Comm on Public Undertakings
3. Comm on welfare of SC/ST
4. Comm on Empowerment of Women
5. Joint Comm on Office of Profit
6. Library Comm
7. Joint Comm on salary & allowances of members 15 members
o Consultative Committees
a. Constituted by MoParliamentaryAffairs
b. Consultative Comm of MPs of both houses, which are attached to various
Ministries
c. Forum for informal discussion
d. Membership voluntary
o Parliamentary Forums
a. Provide platform to members of house to interact with Ministers concerned,
experts and key officials
b. Max 31 members (LS-21, RS-10)
c. Members nominated by Speaker/Chairman
d. Speaker : ex-officio President of all Parliamentary Fora
i. EXCEPT Parliamentary Forum on Population & Public Health => RS
chairman is ex-officio President (Speaker is co-president)

o
43. Cabinet Committees

a. All Cabinet Comms => extra-constitutional - only mentioned in Rules of Business
b. Formation
i. Estd by PM as per situation
ii. 2 types -
1. Standing
2. Ad-Hoc
c. Composition
i. Membership - 3 to 8
ii. Non-cabinet ministers can also be included
d. Rn-
i. Appointments Committee - includes PM and Home Minister only
• Take decisions regarding apppointments of and above Joint
Secretary level etc.
ii. Accomodation - (headed by Home Minister)
iii. Economic Affairs
4. Parliamentary Affairs (headed by Defence/Home Minister)
a. Considers proposals to prorogue both houses of Parliament
b. Considers attitude of govt on non-official bills and resolutions to
be presented to Parliament
c. To maintain a review from an all-india POV of state legislations
5. Political Affairs - aka "Super-Cabinet"
6. Security
7. Investment and Growth
8. Employment and Skill Dev
44. Joint Session

a. President summons (NOT speaker)
b. Applicable only for Ordinary bills and Financial bills - NOT money bill and consti
amendment

c. Presided by Speaker
d. Once notified by Pres, None of the houses can proceed further with the bill =>
Thus, houses cannot agree on the bill until Joint Session
e. Art 118 => Rules regarding procedure by President after consultation with
Speaker and Chairman
f. Follow Rules of Procedure of LS (Not RS)
g. Has happened 4 times
45. Vacation of Seats
a. If both MP and State Legislature => seat of Parliament becomes vacant (Article
101)
b. If elected to both LS and RS => seat of RS becomes vacant after 10 days (RPA,
1951)
c. If sitting member of on one house elected to other House also => seat in 1st
house becomes vacant
d. If person is elected to 2 seats in House and if one not chosen => Both seats
vacant
46. BUDGET
a. Under Art 112 : -
1. Parliament can reduce or abolish a tax => CANNOT Increase tax
2. Estimates of expenditure shall show separately-
a. Charged expenditure on CFI & expenditure made from CFI
b. Distinguish expenditure on revenue account from other
expenditure
3. Charge expenditure is not voted upon but can be discussed
b.
1. Appropriation Bill => cannot be amended

2. Finance Bill => can be amended
c. GRANTS
1. Supplementary Grant - if amount authorized by Parliament is found to
be insufficient for that service for the current financial year
2. Additional Grant - for some new service not contemplated in budget
3. Excess Grant - if excess money spent -> demand for grant made after
expenditure has been incurred and after financial year has expired =>

brough into notice of Parliament by CAG Report and these excesses are
examined by Public Accounts Committee => voted by LS after financial
year
4. Vote of Credit - for meeting unforeseen expenditure => due to
character and unexpected magnitude, the demand cannot be stated in
budget => like a blank cheque
5. Exceptional Grant - for exceptional purpose which forms no part of
current service of any financial year
6. Token Grant - funds for new service can be made available by re-
appropriation
o FUNDS
a. Public Account of India
1. Art 266(2) <-> deals with money received by govt -> doesn’t belong to
govt, has to be paid back
2. Includes PF, savings deposits, judicial deposits, remittances etc
3. Accounts for flows where govt acts as merely as a banker => have to be
paid back after some time to rightful owners
4. Operated by executive action => no need for parliamentary approval
b.
47. Leader of Opposition

a. Neither mentioned in Constitution, nor Rules of House
b. Have statutory regulation
c. Mavlankar Rule - 10% rule (i.e. quorum strength)
d. Entitled to salary and allowances of Cabinet Minister
48. Leader of the House
a. In Rules of the House (not in constitution)

b. In LS => PM (if PM is of LS), else any Minister nominated by PM
c. In RS => Minister (not any member) nominated by PM
d. He can also nominate a deputy leader of house
49. Minister's Oath => ONLY by President as per 3rd Schedule
50. MP removal-
a.
2.
a. If defection by speaker => House will select a member to decide the case

b. Members who have submitted resignation to Speaker => NOT bound by
party whip in trust vote
c. Presiding officer DOES NOT have power to indicate period of
disqualification, or to bar someone from contesting elections
d. Speaker CANNOT suo moto take up defection case
51. Supreme Court
a. Exclusive Original Jurisdiction of SC
1. Art 131 - Centre vs states, State vs states => should involve a question
of law or fact
2. Not extended to -
a. Interstate water disputes (Art 262)
b. Matters referred to FC
c. Adjustment of certain expenses and pensions btw center and
states
d. Ordinary dispute of Commercial nature btw center and state
3. Extraordinary Original Jurisdiction-
a. Election of Prez/Vice Prez
b. Inter state and center state disputes
• FR (not exclusive though)
b. Apellate Jurisdiction of SC
1. On Constitutional Matter
2. On Civil case
3. On criminal case - if HC has acquitted a person earlier convicted by a
lower court => person has no right to appeal to SC
4. Art 136 - SC can grant in its Discretion - Special Leave to appeal from
any judgement in any matter passed by any court or tribunal (except
military court)
a. Discretionary power (not a constitutional right of the person)
b. Can be granted in any judgement (final or interlocutary)
c. Any matter (civil or criminal or constitutional)
• From any lower court, person can go to SC by taking Special
Leave to appeal, even though court may be right for the
purpose but the matter is of interpretation of law etc
• Different from CERTIORARI => used when in wrong
court i.e. court doesn't have jurisdiction (eg. Military
court judging civil matters)
5. Art 137 - SC can review judgements
a. Curative Petition
• Filed after review plea against final conviction is
dismissed
• Meant to ensure no miscarriage of justice and to
prevent abuse of process
• Usually decided by judges in chamber
• Rupa Ashok Hurra Case, 2002
• Supported by Art 137
3. Advisory Jurisdiction of SC

a. u/a 143, Prez can seek opinion of SC under 2 categories - (Prez not bound to
accept advice)
1. On question of law or fact of public imp => SC may refuse to tender its
opinion
2. On matters of treaty,agreement etc executed before commencement of
Consti => SC is bound to tender opinion
4. SC Judge Removal (Art 124(4)

a. SC judge can be removed by order of president, after Parliament has presented
to him in the same session for such removal (Tho, once admitted by Presiding
Officer => Motion of removal of judge does not lapse on dissolution of LS)
1. Removal motion signed by 100 members in LS or 50 members in RS is to
be given to presiding officer
2. Speaker/chairman may admit or refuse the motion, if admitted then : -
a. Constitute 3 member committee of - CJI/SC Judge, CJ of HC,
distinguished jurist
b. If committee finds guilty of misbehaviour or incapacity => house
takes up motion
3. Needs special majority in both houses (50% of total membership+2/3rd
of present and voting)
b. Procedure regulated by Judges Inquiry Act, 1968
c. Only 2 grounds -
1. Proved misbehaviour
2. Incapacity

d.
5. Ad Hoc Judges
a. Article 127 => when there is lack of quorum of permanent judges to hold or
continue any session of SC
b. CJI appoints any judge of HC as SC judge => one who is qualified to be SC judge
c. CJI needs previous consent of Prez + consultation with Chief Justice of
concerned HC

▪
6. SC and CJI under RTI - Subash Chandra Agarwal vs Supreme Court of India (5 judge
constitutional bench declared office of CJI is a 'public authority')

•

•
▪ Compoundable => Can be settled out of court
52. High Courts

a. Parliament => extends/excludes jurisdiction of HC to/from another UT
b. President => decides strength of judges in HC on his discretion; HC judges
strength not mentioned in Consti
• For SC => Parliament determines strength by Financial Bill (initially in
consti =7, now = 33 (max - 34))
c. HC Judge Removal (art 217) => President may remove HC judge in the manner
provided in article 124(4) - SC judge removal process
d. Appointed by President
e. Oath given by Governor
f. Additional Judges of HC => if HC workload increases, Prez appoints duly
qualified persons for a period not extending 2 years (should be <62 yrs age tho)
g. Acting Judges of HC => when any judge cannot perform his duties due to
absence (except Chief Justice) or when a permanent judge is acting as Chief
Justice of HC and to fill his place. No such time period limit (but should be < 62
yrs)
• Acting Chief Justice of HC/SC also there
▪ Ad-Hoc judge only for SC
h. Appointment of Retired judges - Chief Justice of HC can request a retired HC
judge to act as judge for temporary period - needs prior consideration of Prez

•
53. District Court

a. State Govt makes rules/composition/structure of district judges
b. Art 233(1) - District judge appointed by Governor in consultation with High
Court (whereas in Gram Nyayalaya -> appointed by State Govt in consultation
with HC)
c. Art 233(2) - Should be advocate/pleader for > 7years + Not already in service of
govt + Recc by HC
d. When sessions judge awards death sentence => has to be confirmed by HC
54. Court Language-
a. Art 348(1) - SC and HC proceedings in English until Parliament by Law otherwise
provides
b. Art 348(2) - Governor, with consent of Prez, can authorize use of Hindi or any
other language in HC. However, Decrees/ judgements/ orders shall be in
English (or a copy)
1. Official Languages Act, 1963 - Governor, with consent of Prez, can
authorize use of Hindi or official language of State for purpose of
judgements/decree/passed by HC => However, also give English
translation
o State Govt can declare language of subordinate courts
55. Contempt of Court
a. SC and HC derive their contempt powers from Constitution (Art 129, Art 215) =>
also these courts are Court of Record under these articles
b. Administrative Tribunals Act, 1955 -> Tribunals exercise power of contempt of
court => same as HC
c. 'Contempt of court' defined under Contempt of Courts Act, 1971 - divides
contempt into -
1. Civil - wilful disobedience of an order of court
2. Criminal - any act which
a. 'scandalizes the court'
b. Interfered with any judicial proceeding

c. Interferes with administration of justice in any other manner
d. Contempt of court included in Original Jurisdiction of HC
e. Contempt of Courts Act, 1971 => HC can punish for contempt of subourdinate
courts also (NOT mentioned in Consti tho)
f. Mulgaonkar Case, 1978
56. Preventive Detention
a. Parliament has exclusive authority to make preventive detention law for -
1. Defence
2. Foreign affairs
3. Security of law
b. Both Parliament and States can concurrently make preventive detention law for
-
1. Security of state
2. Maintenance of public order
3. Maintenance of supplies and services essential to community
57. Judicial Doctrines
a. Colourable Legislation - Seperation of Power(Horizontal, or vertical) - legislature
colours the law with a substitute purpose to accomplish another goal which it
cannot do within constraints of constitution
b. Pith and Substance - Distribution of powers (btw states and centers)
c. Harmonious Construction - when conflict btw 2 or more statutes
d. Implied Power - power with you due to nature of job/work, even though not
explicitly given by statute (eg. Traffic policeman)
e. Doctrine of Effective Domain - land acquisition by govt (american constitution)
f. Doctrine of Occupied Field - Art 254(1) => if there is Central law on a concurrent
subject, State law cannot override it
g. Doctrine of Severability - only offending part is declared void, rest remains
operative - Art 13
h. Doctrine of Laches - laches means delay. Anybody who wants remedy must
come to court within reasonable time -> For Art 32 SC held that FR cannot be
denied on ground of delay to seek remedy
i. Doctrine of Mutuality - service tax rules- a person cannot make profit from
himself
58. Alternate Dispute Redressal Mechanisms and Institutions
o Structured process that addresses disputes that arise btw 2 or more parties
engaged in business, legal or societal relationships
o Legal Services Authorities Act, 1987 - to establish a nationwide uniform
network for providing free and competent legal services to the weaker sections
of society
a. Administrative Tribunals
1. 42nd AA - (estd administrative tribunals)
a. Article 323A (wrt recruitment, conditions of service appointed
to public service) => Only Parliament can enact laws under this
b. Article 323B (wrt tax, forex, industrial labour disputes, land
reforms, etc. => Parliament + State legislature can make laws on
this
b. Lok Adalat (People's court)
1. First Lok Adalat in 1982

2. Brought about by Legal Services Authorities Act, 1987 (NALSA)
3. Can be organized by SC, HC, state legal services authority and distt legal
services authority
4. Features-
a. Presided over by sitting or retired judicial officers as chairman
+ 2 members (lawyer and social worker)
b. Accept cases pending in regular courts within their jurisdiction
=> court fee is reimbursed
c. Condition - Both parties in dispute should agree for settlement
d. To deal with cases about public utility services like transport,
postal, telegraphs etc
e. Pecuniary jurisdiction upto ₹1cr
f. No court fee
g. Both civil & criminal cases (which are compoundable i.e. can be
settled outside)
h. Procedural laws and Evidence Act => not strictly followed
i. Decision is binding on both parties => NO appeal lies against
the order
j. Indian contribution to world jurisprudence (legal system)
o National Legal Services Authority (NALSA)

a. Statutory body estd by NALSA Act, 1987 to provide free legal services (both civil
and criminal cases) to weaker sections of society - Art 39A
b. CJI - patron in chief of NALSA
c. Second Senior most judge - executive Chairman of authority
▪ Under Legal services authorities (NALSA, state legal services authorities, District
legal service authority)-> Free legal services to -
1. Women and children
2. SC/ST
3. Industrial workmen
4. Victims of disaster
5. Disabled people
6. Person in custody
7. Person with annual income <₹1L
8. Victims of human trafficking or beggar
3. Gram Nyayalaya
a. Gram Nyayalaya Act, 2008 => providing access to justice to citizens at their
doorsteps
b. Objective - provide inexpensive justice to people in rural areas at doorstep
c. Features-
1. Court of Judicial Magistrate of first class (nyayadhikari) - appointed by
State Govt in consultation with HC
• In regular civil courts - HC itself makes appointments
2. Procedural laws and Evidence Act => not strictly followed
3. Mobile court => both civil and criminal cases

• All offences not punishable with death, imprisonment for life, or
for term>2 yrs => scope of these cases can be amended by
Central or State Govt
4. Not bound by rules of evidence provided by Indian Evidence Act, 1872
=> guided by Principles of Natural Justice and subject to any rule made
by HC
5. Appeal in Civil case -> District Court; Appeal in Criminal case -> Court of
Session (will be heard within 6 months)
a. Gram Nyayalaya => HAVE TO GO to Gram Nyayalaya

b. Lok Adalat => Go there by choice => therefore NO APPEAL
4. Family Courts
a. Family Courts Act, 1984 => estd family courts to promote conciliation and
secure speedy settlement of marriage and family disputes
b. Features
1. Estd by State Govts in consultation with HC
2. In every city or town with pop > 1million (10L)
3. Parties cannot be represented by a lawyer generally (except if court
allows especially)
4. Simplifies rules of procedure and evidence
5. One right of appeal only to HC, within 30 days
5. NCLT
6. NGT
7. Single Tribunal for Inter-State Water Disputes
o Arbitration and Conciliation (Amendment) Act, 2019

a. Amends 1996 act
b. Provisions to deal with domestic and international arbitration

c. Presently, SC and HC appoint arbitrator => Now arbitrators will be appointed by
"Arbitral Institutions" designated by SC/HC
d. Established Arbitration Council of India (ACI) for grading of arbitral institutions
etc
e. Time bound settlement of disputes + accountability of arbitrator
f. 12 months time limit for domestic
g. No time limit for international commercial arbitrations
o New Delhi International Arbitration Centre (bill, 2019) => New Delhi International
Arbitration Centre (NDIAC)
a. Make India as an 'arbitration hub'
b. NDIAC as an institution of 'national importance'
c. Singapore as an ideal
d. NDIAC -
1. Chairperson - SC judge or HC judge or eminent person (having special
knowledge and experience in law etc)
a. Appointed by Govt in consultation with CJI
2. 2 full time or part-time members
3. 1 representative of a recognized body of commerce
4. Secy to MoLaw&Justice
5. Finance Advisor and CEO
o Sharia Courts - Parallel Justice system, not ADR => thus wrong
▪ Vishwa Lochan Madan v UoI, 2005 - SC held that Fatwa is not binding on
anyone
59. Attorney General of India

a. Under Article 76
b. Term - 3 years
c. Must be qualified to be judge of SC => but salary and terms of service decided
by President (not that of SC judge)
d. Eligible for reappointment (for a further term)
e. Not a govt servant => can pvt practice also -> but cannot defend accused in
criminal cases
f. Constitution doesn’t mention Solicitor General => under Law Officers Rules,
1987
60. Solicitor General
a. NOT mentioned in Consti => under Law Officers Rules, 1987
b. Appointed by Prez

c. Unlike Attorney Gen, Solicitor General doesn’t advise Govt => only represents in
courts
61. Emergencies
o National Emergency
1. Art 359-> suspension of enforcement of FR in all cases of National
Emergency i.e. Art 32 & 226 can be suspended through orders of
President i.e. can't move SC or HC for enforement of those FRs
(president mentions which all rights' enforcement is to be suspended)
=> should be laid before Parliament for approval
• Courts can take up cases of FR infringement during emergency
later tho (after emergency ends)
2. Art 358 -> automatic suspension of Art 19 (freedom of speech)
• 44th AA - limits suspension of Art 19 only to NE imposed on
grounds of war and external aggression (not armed rebellion)
• Art 20 and 21 => President cannot suspend these in no case as
per 44th AA
3. Can be proclaimed only on written recc of Cabinet => has to be
approved by both houses by special majority within 30 days => lasts for
6 months at a time -> can be done infinite times
4. President can extend term of LS and state LAs by 1 year at a time (any
number of times) => becomes inoperable by end of 6 months of
revokation
5. President can cancel/modify transfer of finances from center to state
6. Parliament can legislate on state subjects (Art 249 redundant as now no
RS approval needed alag se) => STATE legislature/executive not
suspended tho => Law becomes inoperable after 6 months from
emergency end
• President can issue ordinances on state subjects also (if
parliament not in session)
7. Financial Relations => Prez can modify constitutional distri of revenue
btw center-states
a. Every such order laid before before both houses
b. Continues till end of FY in which emergency ends
8. Lasts till 6 months from approval of parliament
9. Revocation -
a. Can be revoked by President at any time => on advice of COM
(doesn't need Parliamentary approval)
b. If LS passes resolution (by simple majority) to revoke =>
President must revoke (added by 44th AA, 1978) - {RS has no
role in revocation of National Emergency}
c. 44th AA added => If LS not in session -> if 1/10th members of LS
write notice to speaker => special sitting of House should be
held in 14 days
10. NE can be limited to a specific territory => added in 42nd AA

• Art 353 => when emergency only in 1 state, Power of
Parliament to make laws can extend to other states also
o President's Rule
1. On grounds of "Failure of Constitutional Machinery"
2. Once proclaimed by President has to be passed by simple majority in
both houses in 60 days by Parliament
a. State assembly cannot be dissolved before parliamentary
approval (Prez can only suspend before it)
b. State Executive surely suspended
3. By president on advice of COM only (Prez can return this advice for
reconsideration once)
4. Revoked by President proclamation => no need of Parliamentary
approval to revoke
5. Lasts till 6 months from date of proclamation (NOT date of approval by
Parliament, unlike National emergency)
6. Can be extended till 3 years (From date of proclamation) by new
approvals after every 6 months
• After 1 year, to extend more, need 2 conditions -
• National Emergency in operation in whole India or part
of state
• EC certifies difficulty in holding state elections
7. Parliament legislates on state subjects => after end of President's rule,
these laws continue to operate => i.e. Do not automatically become
void => But Can be repealed/altered by state legislature
8. Parliament can delegate power to President to make laws
9. Can be imposed on report of Governor or otherwise also
10. No impact on FR
11.
o Financial Emergency
1. Once proclaimed by President, has to be passsed in 60 days by both
houses by Simple majority
2. Lasts indefinitely
3. Revoked by President proclamation => no need of Parliamentary
approval to revoke

4. President can reduce salary of all Union govt employees and judges of
SC and HC.
5. Center can direct -
a. Any state to observe such canons of financial propriety as are
specified by it
b. To President as he may deem necessary including -
• Reduction of salaries and allowances of persons serving
state
• Reservation of all money bills and financial bills for
consideration of Pres after passed by state legislature
62. Ordinance
a. Art 123 => President can promulgate ordinance only when either one (or both)
house is not in session i.e. when both houses are not in session=> only on advice
of COM => to be approved by Parliament within 6 weeks of session
▪ Art 213 => Governor same rules (when both houses are not in session)
b. President can withdraw ordinance at any time => only on Advice of COM
c. Ordinance CANNOT amend Constitution

63. Delimitation Commission
a. Statutory Body (Parliament has enacted Delimitation Commission Acts in 1952,
1962,1972 and 2002)
b. Set up by Prez as per provisions of Law (eg. Delimitation Commission Act, 2002)
c. Works in collab with EC
d. Delimitation Commission consists of -> Chief EC + 2 judges of SC/HC
e. LS seat allocation to the states is frozen at the 1971 level till 2026 - 84th AA
f. 87th AA - delimitation on basis of 2001 census (without altering no. of seats
allotted to each state in LS) - fixed so till 2026
▪ J&K delimitation on basis of 2011 census.
g. Its reccs cannot be questioned in court of law => i.e. its orders are final ->
h. Report laid before LS and state assemblies but no modification are permissible
1. NOT laid before RS
64. Press Council Of India

a. Statutory body => Press Council Act, 1978
b. Quasi-judicial => watchdog of press (ONLY written media) :- adjudicates cases of
violation of ethics or violation of freedom of press
c. Chairman - retd SC judge usually => selected by a Committee headed by
Chairman of RS (LS speaker also member)
d. Term of members = 3 yrs + renomination for 1 term provision
e. No power for giving penal punishment => only moral sanctions
65. UTs
a. Parliament can make laws on subjects of all 3 lists for all UTs (even Delhi and
Puducherry)
b. CM appointed by President => oath given by LG
c. COM < 10% of MLAs (for states it is 15%)
d. DELHI
1. Legislature Provided in Constitution - Art 239AA
2. If difference btw CM vs LG => LG HAS to refer to Prez & bound by Prez
decision
3. COM legislates on all state subjects except Land, Police, Public order
4. Delhi => only UT with own HC
5. Art 239AB - President on report of LG or otherwise can declare State
Emergency => shall expire at end of 1 year from date of issue of order
(for other states => 6 months)
e. PUDUCHERRY
1. Legislature provided by Parliament => can create laws wrt ANY matter
of state list
2. LG can act on own Discretion -> COM will aid & advise LG in exercise of
functions
f. J&K
1. J&K Reorganisation Act, 2019
a. Police, Public Order, AIS, Anti-Corruption => under executive
function of LG
2. Difference btw CM vs LG => Decision of LG is final
66. Size of COM

a. For Center And States => 15% - 91st AA
b. For UTs having LA => 10% - originally in consti
67. Semi-Presidential System
a. Republican system of - Presidential Democracy + Parliamentary Democracy
b. Head of State is President => elected by people directly - and has a large degree
of power
c. Prez co exists with PM, responsible to elected legislature
d. 2 heads (state and govt) lead diff policy areas => Dual Executives
▪ Eg. France - President - Foreign Policy
PM - Domestic policy
68. Legislative Council
a. Elected Member should be -
1. Should be Elector of that state (for Legislative Assembly also)
a. Members nominated by Governor (1/6th of LC) => Ordinary
Resident of State (No need to be elector)
2. 30 yrs old atleast
3. Mentally sound and not an insolvent
4. Retired members eligible for re-election & re-nomination
b. Chairman - has to be member of the house necessarily (unlike RS)
c. 40 members < Size of LC < One-Third size of LA
d. Present in 6 states (AP, UP, MH, Karnataka, TEL, Bihar)
e. Election by Proportional Representation by Single Transferrable Vote - like RS
election
f. Formation-
1. State legistlative asssembly passes resolution by Special majority for
abolition or creation of LC
2. Parliamentary law makes amendment to Art 168(1)(a) - names of states
that have 2 houses
• Not an amendment of the constitution under art 368 => needs a
simple majority in parliament
g. Members chosen-
1. 1/3rd => elected by members of local bodies - Anyone can contest tho,
But only members of local bodies of the state will vote
2. 1/3rd => elected by MLAs from persons who are NOT MLAs (i.e. MLA
cannot contest for MLC seat)
3. 1/6th members => nominated by Gov (lit, science, art, social service and
cooperatives)
4. 1/12th => elected by graduates of 3 years standing residing in that state
- ANYONE can contest
5. 1/12th => elected by persons engaged for atleast 3 yrs in teaching (not
lower than secondary schools) - Anyone can contest
h. Powers same as LA in foll-
1. Ordinary bills can originate in any house => but in case of disagreement
LA>LC
2. Disapproval of Ordinance promulgated under art 213 => by LA and
agreed by LC
3. Selection of ministers including CM
4. Can delay an ordinary bill at most by 3+1 = 4 months

a. Money has to be passed (or make reccs) within 14 days
5. Consideration of reports of constitutional bodies (State finance comm,
State public service comm, CAG)
i.
69. Rajya Sabha

a. Elected members of state assemblies (MLAs) elect members of RS from that
state by PRSTV
b. Representatives of Each UT are elected by members of an electoral college
specially constituted for that purpose. Vote - PRSTV => only Delhi, Puducherry,
J&K have representation in RS
c. 4th schedule => no. of members in RS from each state
d. No state domicile required (since 2003)
e. Open ballot (only RS members elected by Open Ballot) => to curb cross-voting
▪ But Cross-voting by MLA DOES NOT amount to Defection
▪ Postal Voting can be done
▪ No Option for NOTA
▪ MLA can vote in RS election even before taking oath <- SC judgement
(as it is a non-legislative activity)
▪ Polling only if candidates > seats
f. Bye election => remains member only for remainder term (always for remainder
term only for all bye-elections)
g. Constitution provided that term of RS member will be decided by Parliament =>
done by RPA, 1951
h. Art 312 => resolution by 2/3rd members present and voting => Parliament may
be law provide for creation of All India Service
70. Cooperative Society
a. Superintendence, direction and prep of electoral rolls and conduct of elections
to cooperative societies => by a body provided by State Legislature
b. Max no. of Directors =<21

c. Reservation in Board of Diros -
1. SC and ST - 1 seat
2. Women - 2 seats
97th AA, 2011 -
1. added right to form Cooperative societies as FR under Art 19(1) (c)
2. Inserted Article 43B => state shall endeavour to promote Cooperative
societies
3. Added Part IX-B - Art 243ZH to 243ZT
71. Law Commission
a. Non-statutory advisory body to MoLaw => estd by order of central govt from
time to time for fixed tenure
b. Recommends legislative measures for purpose of consolidation and codification
of laws
c. Reccs not binding on govt
d. First originally constituted in 1955 => Reconstituted every 3 years
e. Chairperson usually - Retd SC judge or retd Chief Justice of HC
72. Consumer Protection Acts
73. Fast Track Courts

a. Estd in 2000, to dispose long-pending cases in lower courts
b. Estd by state govt in consultation with respective HCs
c. Judges appointed on ad-hoc basis
d. Funding by state => administrative control over members lies with HC
e. MoLaw&Justice scheme to setup 1023 Fast Track Special Courts for rape and
POSCO act cases as part of National Mission for Safety of Women (NMSW) -
centrally sponsored (60:40)
f. No central funding for establishing FTCs after 2011

74. CCEA
a. Chaired by PM
b. Lays down priorities for public sector investment
c. Reviews economic trends, problems and aspects
75. Political Party Status
a. National Party Status
1. 8 National Parties (latest National Peoples Party, Meghalaya)
• Congress, BJP, BSP, CPI, CPI-M, TMC, NCP, NPP
2. NPP - first regional party of NE to become national party
3. Conditions - (as per Election Symbols Order, 1968)
a. State Party in 4 states, or
b. Wins 2% seats in LS and from 3 states
c. Secures 6% votes polled in 4 or more states in LS/assembly +
Wins 4 seats in LS from any states
4. EC, however has no power to de-register political parties
b. State Party Status
1. Benefits
a. Reserved symbol in state
b. Can nominate 40 Star Campaigners (travel expenses are not
accounted in expense account of parties) as compared to 20 of
non-recognized party
c. Broadcast over Doordarshan/Akashvani
2. Conditions
a. Secures 6% of valid votes polled in assembly + wins 2 seats
b. Secures 6% of valid votes polled in LS election from the state +
wins 1 seat in LS from the state
c. Wins 3% seats in Assembly or 3 seats (whichever more)
d. Wins 1 seat in LS for every 25 seats allotted to it in LS
e. Secures 8% of total valid votes in LS from state or Assembly
elections (this condition added in 2011)
76. NIA Amendment Act,2019
a. NIA - estd after 2008 Mumbai terror attacks
1. Includes offences under -
a. UAPA, 1967
b. Atomic Energy Act
c. Anti-Hijacking Act
d. Suppression of Unlawful act against safety of maritime
navigation
b. 3 Amendments
1. New offences added -
a. Human Trafficking
b. Counterfeit currency
c. Mfg and sale of prohibited arms
d. Cyber crimes
e. Explosive substances act
2. Jurisdiction - extended outside India

iii. Center can designate sessions courts as Special Courts for NIA Trials -
sessions court has power to impose full range of penalties including
death penalty
1. UAPA Amendment Act, 2019
a. Amendad Unlawful Activities (prevention) Act, 1967
b. Under the act, central govt may designate an org terrorist org if it is involved in
terrorism
c. Amendment => empowers govt to designate individuals as terrorists on same
grounds
2. Whip
a. Written Order
b. 3 types-
i. One-Line Whip => inform the members of the vote - members can
abstain
ii. Two-Line Whip => to be present during voting
iii. Three-Line Whip => Clear-cut directive to be present and cast vote
according to party line => violation could lead to expulsion from house
1. In India, a three-line whip can be violated only by more than
1/3rd of the party's strength in legislature
c. Office of Whip - neither mentioned in Constitution, Nor in Rules of House=>
mentioned in Parliamentary Statute
d. CHIEF WHIP = Minister of Parliamentary Affairs
e. Acts as assistant floor leader => every party in parliament has whip
f. Members who have submitted resignation to Speaker => NOT bound by party
whip in trust vote
79. Suvas
a. Supreme Court Vidhik Anuvaad Software
b. Software trained by AI => can translate English judicial documents (orders and
judgements) into 9 vernacular languages
80. Nyaya Mitra - aimed at reducing pendency of cases across selected distt (specially cases
pending for more than 10 yrs)
a. Through retired judicial or executive officer (Nyaya Mitra) -
i. Assistance to litigants suffereing due to delay
ii. Providing legal advice
iii. Refer marginalized applicants to Lok Adalats
iv. Render assistance towards prison reforms within distt
81. Disqualification for Insulting the National Honour Act
a. Offences under Prevention of Insults to National Honour Act, 1971 is
disqualified to contest election to Parliament and State Legislature for 6 years
i. Insulting National Flag
ii. Insulting Constitution
iii. Preventing Singing National Anthem
82. Project 39A
a. Inspired by Art 39-A of constitution => furthers the intertwined values of equal
justice and equal opportunity by removing economic and social barriers

b. Using empirical research to re-examine practices in criminal justice system =>
aims to trigger new conversations on legal aid, torture, DNA forensics, mental
health in prisons and death penalty
83. Review Petition
a. Any aggrieved person can file in SC to seek review => court exercises discretion
to allow or not
b. Must be filed within 30 days of judgement
84. Reciprocating Territory
a. Orders passed by certain designated courts from a reciprocating territory can be
implemented in India => by filing a copy of decree in Distt court here
i. Scope of such courts restricted to decrees for payment of money
b. UAE was declared as reciprocating territory by MoLaw&Justice
c. Other countries - UK, Singapore, Bangladesh, Malaysia, NZ, Hong Kong, Fiji etc
85. Political Parties Registration Tracking Management System (PPRTMS)
a. Launched by EC recently
b. Online portal to facilitate tracking of status of application
c. Registration of parties done under RPA, 1951
86. Deputy PM
a. Not mentioned in constitution
b. Used to bring political stability in coalitions or national emergency when chain
of command is necessary
87. Deputy CM
a. Not mentioned in consti or law
b. Appointed by Governor => for local political reasons
c. No limitation in number of Deputy CMs of a state (3 Deputy CMs in Karnataka)
88. Redactive Pricing Audit
a. SC observation wrt Rafale deal cited CAG report on redacted pricing
b. Redaction => selection by "removing sensitive info" from document before
publication
c. Redaction pricing is nowhere used in SAI (supreme audit institutions) audit
reports of other countries
d. CAG redactive pricing was unprecented because ministry asked so
89. Inter State Water Disputes
a. Art 262 => parliament may by law setup a tribunal for water disputes and that
neither SC or any other court shall exercise jurisdiction
b. Inter States River Water Dispute Act, 1956 => set up the tribunal
c. Inter State River Water Disputes (Amendment) Bill, 2019
i. Setting up of Dispute Resolution Comm for amicable settlement of
dispute within 1 year (extendable by 6 months)
ii. If cannot be settled by DRC => Central govt will refer it to Inter-State
River Water Disputes Tribunal
iii. New tribunal l (Chairperson, Vice-Chairperson + 3 judicial member + 3
expert members appointed by Central govt)
• Term - 5 years or 70 years old
iv. The decision of Tribunal will be final and binding on parties
90. Code of Conduct
a. 1964 - Code of Conduct Adopted for Union Ministers
b. 1999 - Code of Conduct for judges of SC and HC

c. 2005 - Code of Conduct for RS MPs
d. NO Code of Conduct for LS MPs yet!
91. Right to Access Internet
a. FR under -
i. Art 19(1)(a) - by SC - Right to access internet for profession
• Restrictions on Internet have to follow principles of
proportionality under Article 19(2), i.e. when question of -
a. Sovereignty, integrity of India
b. Security of state
c. Friendly relations with foreign states
d. Public order, decency, morality
e. Contempt of court, defamation or incitement to an
offence
ii. Art 21 - under Right to privacy, Right to Education - by Kerala HC
92. Law Commission
a. 22nd Law Commission constituted for 3 years
b. Non-statutory body constituted by GoI every 3 years => work for legal reform
and works as an advisory body to MoLaw&Justice
c. Composition
i. Chairperson (retd SC judge or CJI of HC)
ii. 4 full time members
iii. Secy, Dept of Legal Affairs
iv. Secy, Legislative Dept
v. <5 part-time members
d. Terms of reference
i. Identify laws to be repealed (no longer needed)
ii. Examine existing laws in light of DPSPs and suggest reforms
iii. Revise central acts of general importance => simplify and remove
anomalies
iv. Etc
93. Constitutionality
a. Presumption of constitutionality => any law made by legislature is presumed to
be constitutional until it is clearly unconstitutional or a FR is implicated
94. Martial Law
a. Not described in Constitution (mentioned in Art 34 tho)
b. Military acts independent of civilian authority
c. SC declared => declaration of martial law does not ipso facto suspend Habeus
Corpus writ
95. Cessation of Territory of India
a. Berubari Case => need constitutional amendment to cede territory (as power
of parliament to diminish area of states doesn’t include power to cede territory
to foreign state)
b. 1969 - SC ruled that but for settlement of a boundary dispute btw India and
another country can be done by an Executive Action (as it is not cessation of
territory)
c. Under Article 2 -> Acquiring Foreign Territory => through ordinary legislative
process (law passed by simple majority)
96. Exit Poll & Opinion Poll

a. Exit Poll => post voting poll just after voter walks out of booth
i. Reults can be published only after half an hour of end of polling
ii. EC can ban exit polls under RPA section 126(A) - added in 2010
b. Opinion Poll => voter behaviour survey conducted before voting
i. Results cannot be published between 2 days before start and after end
of polling
97. Legal Person
a. 2014 case => Animals are also entitled to Right to Life and Liberty under Art 21
b. Art 300 => Union of India and States are legal person (juristic personalities) for
purpose of suits and proceedings
c. Dieties => also legal persons
d. Ganga and Yamuna => NOT LEGAL PERSON (SC overturned Uttarakhand order)
98. SC (number of Judges) AA, 2019
a. Increases maximum no. of judges in SC from 30 to 33 (excluding CJI) => so total
34
b. Amends Constitution by a simple majority (not under Art 368) => can only
increase, not reduce by this
99. CITIZENSHIP
a.

2.
c.
d.

e.
100. CAA, 2019 - Changes definition of Illegal Migrants + Naturalisation provisions

+ OCI
i.

2.
iii.
iv.
101. Citizenship Act, 1955

a. Loss of citizenship-

i. Renunciation - When a person renounces his Indian citizenship =>
his minor child also loses citizenship. However, when such a child
attains age of 18, he may resume citizenship
ii. Termination - Acquires citizenship of another country
iii. Deprivation - fraud application of citizenship, disloyalty to
constitution
▪
Application for renunciation or termination => can be withheld if India
is engaged in war
b. Precedure for acquisition of Citizenship-
i. By Birth - Jus Soli (right of being born on soil)
ii. By Descent - born outside India but parents indian citizens - Jus
Sanguine (by blood)
• Only these 2 (jus soli and jus sanguine are RIGHTS, in other 3
ways, govt can decide)
iii. By Registration
iv. By Naturalisation
v. By Incorporation Of Territory - Eg. When Pondicherry became territory
of India => this method available only with GoI, and not the individual
c. Citizenship in constitution came to force on 26 November 1949
102. Controller General of Accounts (CGA)

a. Under Department of Expenditure, MoFinance
b. Principal advisor on accounting matters to GoI
c. Looks after - Public Finance Management System
d. NOT a constitutional body
e. Derives powers from Art 150 => Accounts of union and state shall be kept in
such form as prescribed by President on advice of CAG
f. Allocation of Business Rules, 2017 gives duties of CGA-
i. Administer process of payments, reciepts and accounting in Central
Ministries
ii. Prepares monthly and annual accounts of Central govt
iii. Coordination with CAG and Public Accounts Comm
103. ERONET
a. Common database of all states and UTs with data of 91cr electors
b. Bedrock of electoral roll => automates process of electoral role management
104. Amicus Curiae
a. "Friend of the court"
b. Someone who is not party to a case, who assists a court by offering info,
expertise, insight that has bearing on issues in the case
105. Gerrymandering

a.
106. Right to Property

a. SC declared Right to Property as a Human Right
b. State CANNOT be permitted to perfect its title over land by invoking Doctrine of
Adverse Possession (person not original owner becomes owner if in possession
of property for min 12 years, within which og owner did not seek legal recourse
against him)
o 44th AA, 1978 - repealed Art 19(1)(f) and Art 31 + inserted Art 300-A
107. Bodies Headed by PM
a. NITI Aayog
b. National Integration Council
c. National Ganga River Basin Authority
d. National Development Council
e. Interstate Council
f. National Board for Wildlife
g. NDMA
h. National Commission for Population Control
i. DoS
j. DoAE
k. Nuclear Command Authority
l. CSIR
m. PM's Council on CC
108. Bureau of Outreach and Communicaiton
a. BOC under MoInformation&Broadcasting for social media platform's etc wrt
Govt's paid outreach campaigns
b. Setup in 2017
c. Provides communication solutions to various agencies of govt
109. Constituent Assembly

a. Election-
i. British Provinces - Indirect
▪ Separate electorates - Muslim, Sikhs, General
▪ Election from Provincial assembly to CA by => PRSTV (Proportional Rep
by single transferable vote)

ii. Princely States - Nominated
2. Facts-
a. No decision of CA required division of votes => i.e. all decisions were taken by
voice vote only
3. Functions
a. Framing constitution
b. Enacting laws & decision making
c. Adopted National Flag on 22 July, 1947
d. Approved India's membership to British Commonwealth in May 1949
e. Elected Rajendra Prasad as first Prez on 24 Jan, 1950
f. Adopted National anthem & National song on 24 Jan, 1950
4. Committees
a. Constitution Making Union Powers Committee - JLN
b. Union Constitution Committee - JLN
c. States Comm - JLN
d. Provincial Constitution Comm - Sardar Patel
e. Advisory Comm on FR and Minorities - Sardar Patel
f. Drafting Comm - Ambedkar
g. Rules of Procedure Comm - Rajendra Prasad
h. Steering Comm - Rajendra Prasad
5. Constituent Assembly members were -
a. Princely states members – nominated
b. British provinces members – indirectly elected from legislative assemblies
6. Presidents-
a. As a constituent body - Rajendra Prasad
b. As a Legislative body - GV Mavalankar
7. India Independence Act, 1947
a. Abolished the office of Secretary of State of India and transferred his functions
to Secretary of state for Commonwealth Affairs
110. Service Voters - under RPA, 1950

a. Postal Ballot (Electronically Transmitted Postal Ballot System - ETPBS) or Proxy
voter for -
i. Armed forces personnel/Armed Police Force member serving outside
state
ii. Persons employed in GoI posted outside India (service voters)
iii. Prisoners are NOT allowed to vote, but people under preventive
detention can cast votes by postal vote
iv. Senior Citizens > 80 yo + Disabled people
v. Govt officers on poll duty
▪ ETPBS - one way only => electronically transmit ballot paper from
returning officer to eligible voters => Voters have to print ballot paper
and send it back via Post i.e. it is NOT end-to-end encrypted postal
vote
1. Association of World Election Bodies (A-WEB)
a. Largest association of election mgmt bodies

b. 2013- South Korea - Seoul
c. Strengthening election process in member countries and capacity building
2. NCPCR
a. Statutory Body constituted under Commision for Protection of Child Rights Act,
2006
b. Works under MoWCD
c. Protection of children 0-18yo
d. Designated agency to monitor RTE Act
3. Seat Vacate when elected in two seats and doesn't resign
a.
▪ Seat of Higher House is Vacated

b. If elected to 2 seats of LS => both lost
114. Reservation Cases

a. Champakram Dorairajan (1951)
▪ SC struck down govt order of caste-based reservation in govt jobs and
educational insti
▪ Basis for 1st AA, 1951 adding Art 15(4)
b. Indra Sawhney (1992)
▪ Approved 27% OBC reservation (creamy layer criteria)
▪ Reservation Not >50%
c. Nagaraj (2006)
▪ Can extend reservations for SCs and STs on 3 conditions
1. Collect quantifiable data showing inadequacy of representation
of that class in public employment
2. Provide proof for backwardness of class
3. Show how reservations in promotions would further
administrative efficiency
d. Jarnail Singh (2018)
▪ Govt need not collect quantifiable data to demonstrate backwardness
of public employees belonging to SC/ST to provide reservation in
promotions
e. 2020 -
▪ Reservation in promotion not a FR =>
1. however if state wishes to do so, it has to -> Provide collect
quantifiable data ……for reservations in promotions
2. No Mandamus can be issued by court directing state govt to
provide reservations
115. Federalism
a. Cooperative - Horizontal relationship btw Center & State
▪ Center & states cooperate in larger public interest
▪ States' participation in forming national policies

▪ Enshrined in Schedule 7
b. Competitive - Vertical Relationship btw Center & State + Horizontal Relationship
btw States
▪ Gained significance after 1991 reforms => in free market economy,
States have to compete among themselves to attract funds &
investments (investors prefer more developed states)
▪ Not mentioned in constitution


Polity Notes For Prelims

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Polity Notes For Prelims

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POLITY NOTES for Prelims

Gen bodies fundae -

• CONSTITUTIONAL BODIES (10)

• CAG (Art 148)

Rishabh Kumar Rewar – AIR 104, CSE 2020

viii. Reccs made by FC => Advisory only. Not binding on govt

Rishabh Kumar Rewar – AIR 104, CSE 2020

• National Commission for SC (Art 338) 89th AA, 2003

Rishabh Kumar Rewar – AIR 104, CSE 2020

• UPSC (Art 315-323)

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

o EXPENSES CHARGED ON CFI -

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

o CVC & Lokpal basically do similar functions

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

• i.e. NO Appeal from SIC to CIC (just at 2 levels)

Rishabh Kumar Rewar – AIR 104, CSE 2020

• Present Report to President (who lays it before Parliament) => CONSTITUTIONAL

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

• 86th AA, 2002 added-

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

• Art 20 - Conviction Offense

Rishabh Kumar Rewar – AIR 104, CSE 2020

o 31 Series - Art 31 (Right to Property) removed by 44th AA, 1978

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

b. Citizenship Act, 1955

Rishabh Kumar Rewar – AIR 104, CSE 2020

i. By Birth - Jus Soli (right of being born on soil) => Cannot be

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

l. Dhar Commission, 1948

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

b. Berubari Case, 1960 - need consti amendment to cede territory

Rishabh Kumar Rewar – AIR 104, CSE 2020

b. Here, amending Consti outside Art 368 => simple majority

Rishabh Kumar Rewar – AIR 104, CSE 2020

g. Present Report to President

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

▪ Sarkaria Commission, 1983 - on Center-State Relations => Role of Governor

• LOCAL SELF GOVERNMENT

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

Rishabh Kumar Rewar – AIR 104, CSE 2020

▪ Urban Local Bodies

Rishabh Kumar Rewar – AIR 104, CSE 2020

ii. Municipal Corporation

Rishabh Kumar Rewar – AIR 104, CSE 2020

▪ 8 Types of Urban Local Bodies-