Historical backgroundAuthor: Abhishek D

1. MN Roy - Proposed idea of constituent assembly in 19342. Exclusive right of trading with India by charter act of 17653. The regulating act of 1773

(i) Recognised first time political and administrative function of company(ii) Laid foundation of central administration in India(iii) Governor of Bengal -> Governor General of Bengal with 4 member Executive council (Warren Hasting)(iv) Bombay and Madras subordinate to Bengal(v) Supreme Court at Culcutta (1774)(vi) Prohibited servants from private trading or accepting present or bribe from natives(vii) Court of director required to report on revenue, civil and military matters to government [First time Cabinet given right to exercise control over Indian affairs] Amendment, 1781 - Act of settlement, related to SC 

4. Pitts India act 1784 

(i) Companies territories termed as British possession (ii) Created board of control to manage political affairs [Separation](iii) Britain government given supreme control over Company's affair and administration Act of 1786 - Cornwallis given power to override council decision

5. Charter act, 1793

(i) Renewed Company's commercial privileges for next 20 years(ii) Royal approval need for appointment of governor, governor general and Commander in chief(iii) Company empowered to give license to Individual to trade in India (Pave opium trade with China)(iv) Home government member to be paid out of Indian revenue (Continued till 1919)(v) Separation of judiciary and revenue function (disappearing of Maal Adalats)

6. Charter act, 1813

(i) Company's monopoly ended (trade with china and tea retained)(ii) Company to retain possession of territories & revenue for 20 years or more without prejudice to crown  & regulation made to be led before parliament [Constitutional position of British territories in India first time defined explicitly](iii) One lakh set aside for encouragement of literature, learning and science in natives(iv) Christian missionaries were permitted to come India and preach their religion

7. Charter act, 1833

(i) Final step towards centralisation (ii) Governor general of Bengal -> governor general of India & vested him with all civil and military power (William Bentick, created Government of India)(ii) deprived Bombay and Madras of legislative power [GGI exclusive legislative right, laws will be called as act]

(iv) Company's territory held by it in trust of his majesty and his hairs and successor (v) Attempted to introduce system of open competition in ICS & Indians should not be debarred [later negated](vi) Monopoly over tea and China ended(vii) restriction on European immigration and acquisition of property ended(viii) Law member added to governor general's council [Indian law to be codified](ix) Ask administration to take steps to abolish slavery (abolished in 1843)

8. Charter act, 1853 

(i) Separated first time executive and legislative function  of council (Veto power to GGI)(ii) Open competition for ICS, Thus thrown open to Indians also (Macaulay Committee on ICS, 1854)(iii) Extended company rule but did not specify time(iv) Local representation introduced for first time in Indian legislative council (4/6 from Madras, Bombay, Bengal and Agra) (v) Law member became full member of executive council 

9. Government of India act, 1858

(i) Abolished EIC and transferred power to Crown [Act for good governance of India](ii) Governor of India -> Viceroy (Canning) (iii) Ended system of double government, abolished board of control and court of director(iv) New office Secretory of state (member of British parliament)(v) 15 member council to assist secretory (advisory body)

10. Indian Council Act, 1861

(i) Viceroy should nominate Indians as non official members in council (ii) Decentralisaion -> Restoration of legislative power to Bombay and Madras(iii) Gave recognition to portfolio system (Started by Canning)(iv) Empowered viceroy to issue ordinance without concurrence of legislative council (life 6 months)

11. Indian Council Act, 1892

(i) Increased non official members (both provincial and center), but maintained official majority (ii) Power of discussion budget and addressing questions to executive (6 days notice) [INC effect](iii) Some nomination on recommendation of provincial council and Bengal chamber of commerce; and in Provincial council on the recommendation of district boards, municipalities, universities, trade association, zamindars and chambers  (Indirect election, but election word not used)

12. Indian Council act, 1909 [Morley Minto (Father of communal representation) reforms]

(i) Increased size of both provincial and central legislative (16 to 60) council(ii) Retained official majority in Central council, but allowed to have unofficial majority in provinces [non elected majority remained](iii) At both level allowed to ask supplementary question and move resolution on budget [vote separate items in budget, but not whole budget](iv) First time association of Indian in executive council of the viceroy and governor  [Sateyndr Prasand Sinha, law member](v) Separate electorate for Muslims [Hence lord Minto known as father of communal electprate] (vi) System of election was indirect

13. Government of India Act 1919 [Mont Ford reforms]

(i) Separate central and state subjects 

(ii) Dyarchy at provinces (interference in transferred subject restricted)(iii) First time bicameralism at center and direct election (limited franchise based on tax, property, education, women also)(iv) 3/6 members of viceroy executive council to be Indian(v) Communal representation to Sikhs, Indian Christians, Anglo Indians and Europeans (vi) Office of High commissioner(vii) Central Public Service Commission (1926)(viii) Separated first time provincial budget from central budget (ix) Statutory commission (x) Secretory of state paid by British government(xi) 70% elected member in provinces(xii) Freedom of speech for legislature(xiii) Legislative council could reject budget but governor can restore it (At center vote a part, 75% not voteable, viceroy can restore cut)

14. Government of India act 1935

(i) All India Federation (Federal list, provincial list and concurrent list with residuary power with viceroy)(ii) Provincial autonomy (Responsible government in provinces) and central dyarchy (did not implemented; But not responsible to central assembly)(iii) Bicameralism in 6/11 provinces(iv) Separate electorates for SC, women and labours [For Maratha's in Bombay](v) Abolished council of India created by Act of 1858(vi) extended franchise(vii) Reserve bank of India(viii) Federal, provincial and joint public service commission(ix) Establishment of federal court 1937(x) Provision of joint sitting (xi) Provinces can borrow money on their own security (xii) Federal court [But privy council is above federal court]

15. Indian Independence act 1947

(i) India as independent sovereign state (ii) Two independent dominion(iii) Abolished viceroy, governor general appointed by King on advice of cabinet(iv) Abolished office of secretory of state and transferred its function to secretary for commonwealth affairs(v) Freedom to princely state (vi) Veto for governor general 

Preamble PrelimsAuthor: Abhishek D

1. First country USA2. Based on objective resolution drafted and moved by P Neharu3. Preamble enacted after entire constitution already enacted4. SOVEREIGN SOCIALIST(democratic) SECULAR(positive) DEMOCRATIC(socio+economic+political)

REPUBLIC

5. JUSTICE, social, economic and political (distributive justice, Russian revolution)6. LIBERTY of thought, expression, belief, faith and worship (not absolute but qualified, french revolution)7. EQUALITY of status and of opportunity (French revolution) 8. FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation (French

revolution)

9. Source of authority for constitution - people10. Date of adoption and enactment (Commencement 26 January article 394)11. Berubari case (1960) preamble not a part of constitution12. Keshwanand bharti case (1973) & LIC of India case (1995) preamble is integral part of constitution

[Preamble was adopted by motion]13. Neither source nor prohibition upon power of legislature14. Not justiciable nor enforceable 15. Keshwanand bharti case (1973) preamble is amendable subject to no amendment done to basic

structure (42nd amendment 1976)   

Making of constitutionAuthor: Abhishek D

1. M N Roy idea of constituent assembly put forth(1934) -> INC demanded (1935) -> J Neharu on behalf of INC demanded elected Constituent Assembly on the basis of adult franchise (1938) -> August offer demand accepted (1940) -> Cripps mission created draft on framing constitution but rejected by Muslim league (1942) -> Cabinet mission (1946) 

2. 389 members(296 (292+4) British India + 93 Princely state nominated) [population based allocation] [indirectly elected by provincial assembly]

3. Seat division between Muslim, Sikh and general (proportional representation voting and separate electorate)

4. Dr Sacchinand Sinha oldest member temporary president (French practice) December 9, 1946 [Later Dr Prasad elected]

5. HC Mukharji and VT Khrishnmachari elected as VP6. December 13, 1946 objective resolution by P Neharu (adopted on January 22, 1947)7. Changes by India Independence act 1947 Constituent assembly(Chaired by Dr Rajendr Prasad) become

legislative body (Chaired by GV Malvankar) [Now 299 members (229+70)]8. India's membership to commonwealth, May 19499. National flag adoption, July 22 1947

10.  National anthem,song adoption; election of president and final session January 24 1950 (Constitution signed); Continued to be provincial parliament from 26 January 1950 till election

11. 11 sessions two years 11 months 18 days, 64 lakh expenditure 12. Ambedkar elected from WB constituency 

Committees

1. Power, Constitution, State (negotiating with states ), Special committee to examine draft constitution - Neharu

2. Provincial Constitution, Advisory committee on fundamental rights, minorities, tribal excluded area - Patel Subcommittees

3. Subcommittees of 2 1. Fundamental rights - JB Kriplani2. Minorities - HC Mukharji

3. NEF tribal areas and Asam excluded & partially excluded areas - Gopinath Bardolai4. Excluded & partially excluded are other than Assam - AV Thakkar

4. Rules of procedure, Steering , Finance and staff commission, Ad hoc committee on national flag,  - Dr Rajendr Prasad

5. Credential - Alladi KrishnSwami ayar6. House, Chief commissioners province - B Pattabhi Sitaramaya7. Order of business - KM Munsi8. Function of constituent assembly - GV Malvankar9. Ad hoc committee on SC , Ad hoc committee on citizenship - S Varadmachari (not a member)

10. Expert committee on financial provision of constitution - Nalini Ranjan Sarkar (not a memeber) 11. Linguistic provincial commission - SK Dar (not a memeber)12. Press gallary - Usha Nath Sen

Drafting Committee 

1. Dr Ambedkar + 7 2. Alladi Krishnswami Ayyar3. KM Munshi4. N Gopalswami Ayyar5. Sayyad Mohammad Saadullah 6. N Madhava Rau (Replaced BL Mitter)7. TT Krishnmachari (Replaced DP Khaitan)

Constitution

1. November 14, 1949 motion moved by Ambedkar;  passed on 26 November and signed by 284 member (out off 299)

2. At that time 395 articles & 8 schedules [Present 465 article , 12 schedules & 25 part (a,b such that not by number)]

3. Citizenship, elections, provisional parliament, and short titled contained in articles 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393 come into force on 26 November, 1949

4. Remaining part on 26 January, 1950 (Purn Swaraj Day 1930 accepted in Lahor session INC 1929)5. Najruddin Ahmed drifting committee6. Elephant adopted as Symbol (seal)7. BN Rau Constitutional advisor8. HVR Iyenger secretary to constituent assembly9. SN Mukharji Chief Draftsman

10. Prem Behari Narain Raijada Caligrapher and Behor Rammonohar Sinha (Shantiniketan) decorated it (Italic style) [English]

11.  Vasant Krishan Vaidya Caligrapher and Nand lal bose (Shantiniketan) decorated it [Hindi]12. Lengthiest written constitution 13. Read tables of chapter 3 

Union and its TerritoryAuthor: Abhishek D

1. Article 1-4 part 12. India that is Bharat as Union of states (A.1)

3. Indian federation is not agreement of state, indestructible union of of destructible state 4. A.1 three category of territories, Territories of State (29), UT(7), Acquired territories (Schedule 1)5. Territory of India is wider term than union (includes only state)6. A.2 Admits new state in union, establish new state [Not part of union]7. A.3 Deals with internal arrangement of state (UT also included)8. Parliament power to reorganised state  - 

Can be introduced in parliament only with prior recommendation of president (Government bill)President has to refer same to state (specified period, not bounded, no need of fresh reference in amendment moved)A.4 not considered as amendment under article 368 (Simple majority, no joint seating)A.4 does not cover cede part, can cede only by amendment under A.368 (Berubari union case, 9th Amendment)SC in 1969 inter country boundary dispute settlement doesn't require constitutional amendment as it does not involve cession of Indian territory (Executive action)100 th amendment (2015 India Bangladesh enclave) [Radcliffe Award(1947) - Bagge Award(1950) - Neharu Noon agreement (1958), India Bangladesh land boundary agreement (1972)]

9. Integration of princely state(552)  - 1950 four type of state, A- Governors province, B - Nine erstwhile princely state with legislature, Part C- Chief commissioner province and erstwhile princely state (Govern by union), Andaman Nicobar as D

10.  Dhar commission - June 1948 linguistic commission - SK Dhar to check feasibility of linguistic divisionRecommended administrative convenience over linguistic

11.  JVP committee - April 1948, Rejected language as basis for reorganisation, October 1953 first state AP12. SRC (December 1953, Fazl Ali, K M Pannikar, H N Kunzru) - Submitted report in September 1955,

rejected one language one state, accepted broad language, State reorganisation act 1956, 7th constitutional amendment,   

Preservation of unity and integrityLinguistic and cultural homogeneityFinancial, economic, administrationPlanning and promotion of welfare

13. New states after 1956 -Mahrashtra and Gujarat (1960)Dadara Nagar Haveli (1954) - 10 th costitutional amendment 1961, Portugese Goa, Daman, Diu (1961) - Portugese, 12 th amendment 1962, Goa state (1987)Puducherry (Mahe, Yenam, Kariakal, Puducherry) - French, handed to India 1954, 14th amendment 1962 Nagaland - 1963, 16th state, From AsamHarayana, Chandigarh - 1966, Shaha Commission,Himachal pradesh - 1971 UT to stateManipur(UT), Tripura(UT), Meghalaya (Substate) - 1972, 22 amendment of 1969 called Meghalaya substate of AssamSikkim - Princely state ruled by Chogyal, 35 th amendment 1974 associated state (A.2(A) + 10th schedule), 36 th amendment of 1975 gave statehoodMizorama, Arunachal Pradesh, Goa - 1987, Mizoraama peace accord (1986, mizo national front, lal denga)Chattisgarh, uttarakhand, Jharkhand - 2000, (MP, UP, Bihar respectively)Telangana - 2014    

14. Changes of name - United province - UP (1950)

Madras - TN (1969)Mysore - Karnataka (1973)Laccadive minicoy, Amindive - Laxdweep (1973)Ut of Delhi - NCT (1992)Uttarachal  - UK (2006)Pondi - Puddu (2006)Orrisa - Odisha (2011) 

CitezenshipAuthor: Abhishek D

1. Right of citizens (denies to aliens)  Article 15 (Right against discrimination)Article 16 (Right against public opportunity)Article 19 (Freedom of speech)Article 29&30 (Cultural and educational rights)Vote and contest election of LS, RS, legislative assembly Apply for post of president, VP, judges, governor, attorney journal, etc [President : USA only by birth, India birth as well naturalised]Fundamental dutiesArticle 22 (detentions, Only denies to enemy aliens)

2. Constitutional Provisions Article 5-11 part 2, neither permanent nor elaborate provisionOnly deals with who become citizen on commencement A.5 Citizenship at commencement A.6 Citizenship right to person migrated from PakistanA.7 Citizenship right to person migrated to PakistanA.8 Citizenship right of person of Indian origin residing outside India A.9 Person voluntarily acquiring citizenship of other country not to be citizen A.10 Continuance of citizenship rightA.11 parliament regulate the right of citizenship by law

3. Citizenship act 1955 -  Provided commonwealth citizenship repealed in 2003 ; 57, 60,85, 86, 92, 03, 05, 15

4. Acquisition of citizenship B - before 1 July 1987 irrespective of his parent, After 1 July 1987 either parent, After 3rd Dec 2004 both or either parent and other not illegal migrant [not for Children for diplomat and enemies]R - (not being illegal migrant) Indian origin 7 years, married and resident from 7 years, person whose parents registered as citizen, parents are citizen of independent India & residing for 12 months in India, OCI & 12 monthsA - Acquisition eg Pondichery order 1962 N - Purely foreigners, Knowledge of any language of 8th schedule, 12 months from time of application, 11 years for last 14 years, distinguish achievement GOI can waive off D - Born outside India before 10 Dec 1992 (if father Indian), If either parent, After 3 December 2004 unless birth is registered within a year  after that with permission of government 

Assam Accord - MoS between GOI and Assam movement, A parallel package for the economic development of Assam, including a second oil refinery, a paper mill and an institute of technology,

was also worked out. legislative and administrative safeguards to culture and heritage Special provision, 1985, Person of Indian origin come to Assam before 1st January 1966 from Bangladesh, resident since entryAfter 1966 before 25 March 1971 from Bangladesh resident of Assam since entry, register himself, from 10 years of detection of foreigner citizen of India he will be citizen , intervening period all right except the voting rights   

5. Loss of citizenship -  Renunciation - Declaration, Minor child also looses (After 18 years may resume), During war registration shall be withheld by GOI Termination - Acquire citizenship of other country, not applicable in war (A.9)Deprivation - Obtained by fraud, disloyalty to constitution, unlawful communication with enemy during war, Within five years of naturalization or registration imprisoned in any country for two years, ordinarily resident out of India for 7 years continuously  

6. USA, Switzerland dual citizenship

India exceptions to single citizenshipArticle 16 : (Public appointment resident as criteria, Public employment act 1957 for non gazetted post in AP, HP, Manipur, Tripura expired in 1974, now only for AP & Telangana)Article 15 : Prohibit discrimination on ground of religion, race, caste, sex or place of birth and not on ground of residence (Example VJTI admission, Special provisions)Article 19 : rights of outdoor to enter, reside and settle in tribal area restrictedState of J&K : Separate citizenship & constitution 

7. Overseas citizenship of India -  L.M Sanghavi committee on India diaspora, 2000 -

Recommended dual citizenship to PIOCitizenship amendment act 2003 acquisition of OCI by PIO of 16 countries.2005 all countries (Pak, Bangla excluded) [OCI is not dual citizenship]2015 amendment OCI cardholder ( merges PIO card (2002) and OCI card(2005) ) [OCI renamed OCI cardholder]

8. Registration of overseas citizen of India -Citizen of other country & was citizen after / was eligible to be citizen at commencement of  constitution / territory become part of India after 1947 / Who is child or grandchild of such & minor child of aboveMinor child who's either or both parent are citizen Spouse of Indian/ OCI (Registered marriage & subsisted not less than 2 years)  Not allowed for who's parents/ grandparents/great grandparents were citizen of Bangla/Pak/ country mentioned by central government GOI will specify date Not withstanding above if special circumstances exist (in writing) GOI can registered 

9. Cancellation of OCI - means of fraud/ false / concealment of material, disaffection towards constitution, In war traded with enemy, imprisonment not less than two year, In interest of sovereignty, integrity,  friendly relation with other countries, general public, marriage dissolved or not dissolved but solemnized with otherRenunciation of OCI card - declaration (registered by GOI),  retrospective to minor and spouse Excluded - equality in public employment, right to vote (hence MLA, MP, VP, P), Judge of SC & HC Rights of OCI - GOI may specify, at par with NRI in inter country adoption

Fundamental RightsAuthor: Abhishek D

1. part 3, A.12 - A.35, Constitution of USA (Bill of rights), Magna Carta of India, protects liberty and freedom of people against state, establishes government of law,

2. When right available against state action then against person no constitutional remedies but legal remedies 

3. Seven (Six present) Fundamental rights, Equality (14 - 18), Freedom (19-22), Against exploitation (23-24), Religion (25-28), cultural and educational right (29-30), Property (31 Deleted 44th amendment, 1978 legal right under 300-A ), Constitutional Remedies (32)

4. Negative rights - Limitation on state, Positive rights - Privileges to person5.  State [A.12] - Government, Parliament, Legislature of state, all authorities of GOI (according to SC

private agency working as instrument of state ) 6. Laws [A.13] - Ordinance, order by law, regulation, notification, custom (Shall be void inconstant with

fundamental right) [Amendment under 368 not applicable, Kesavanand Bharti case (1973) amendment can be challenged]

7. Right To Equality 

A.14 Equality before Law (British) (State shall not deny to any person) & Equal protection of law (USA) within territory Aim - Equality of legal status opportunities and justicePerson - legal person, foreigner, statutory co operation, companies, registered societies, etcEquality Before Law [Negative]  - Absence of special privileges, Equal subjection of all person to law, No person above law, Equal protection of law [Positive]  - equality of treatment both in privileges conferred & liabilities imposed by law, Similar application of law to similarly situated person, like should be treated alike Important Notes - Sc says Does't forbid different treatment of unequal, Forbid class legislation (But permits reasonable classification of person, object and transaction by law, this should not be arbitrary or artificial or evasive)Rule of Law - AV Dicey (British), absence of arbitrary power, Equality before law, Individual rights defined and enforced by court of law and not constitution (Not applicable in India, Constitution is source of individual rights), SC held that its basic feature of constitution embodied in A.14 ExceptionPresident of India and Governor of state (A.361)Not answerable to any court for exercise of duty (Except impeachment)No criminal proceeding, process of arrest, imprisonment  in term of office No civil proceeding (act before and after) until expiration of 2 months noticeA.361 (A) Publication in newspaper of true proceeding of either house (Except secret sitting)A.105  MP not liable for said and vote given in parliament or committee (A.194 same for MLA)A. 31-C Exception to article 14&19 (SC 31C in 14 out) regarding DPSP A.39 implementation UNO and its agencies, Foreign rulers, ambassador, diplomat

A.15 Prohibition of discrimination on ground only of religion, race, caste, sex or place of birth (Only by state)(2) no disability, liability, restriction or condition on above ground with regard to access to shop, hotel, public entertainment; well, tank, places of public resort partially or fully funded by state or dedicated to public use (By state as well as private)Exception  A.15 (3) Special provisions for woman and children A.15(4) Special provisions for SEBC, SC, ST 

A.15 (5) Special provisions for SEBC, SC, ST regarding admission in educational institution including private institutes whether aided or unaided except minority institute [93rd amendment 2005]April 2008 held validity of OBC reservation [CEI Act 2006], OBC CL should excluded  Note - Provision of state can make advancement for SEBC was added by first amendment

 A.16 Equality of opportunity to employment or appointment to any office under state  (2) No discrimination only on grounds of religion, race, caste, sex, descent, place of birth, residence or any one of them in respect of any employment under state Exceptions A.16 (3) Parliament can prescribe residence criteria [Public employment act 1957 expired in 1974, Now only for AP & Telangana]A.16 (4)  Reservation for post in favour of any backward classes which in opinion of state not  adequately represented in serviceA.16 (4) (A) Reservation in promotion (77th amendment 1995) with consequential seniority (85th  amendment 2001) for SC/ST A.16 (4) (B) Unfilled vacancies under 16(4)(a) as separate class of vacancies(81st  amendment 2000) A.16 (5) Incumbent of an office related to religious or denominational institute should belong to particular religion or denomination Mandal Commission 1979 appointed by Desai government, Second backward class commission, identified 3743 castes, recommended 27% reservation 1990 VP sing declare 27% reservation to OBC 1991 two changes (a) preference to poorer section in OBC (b) 10% reservation to EBCIndira Swahney Case / Mandal Case (1992)SC rejected EBC reservation, upheld OBC reservation under certain condition like NCL, no reservation in promotion any existing promotional reservation can continue for 5 years only, reservation should not exceed 50%, Carry forward rule allowed should not exceed 50%, Permanent statutory body for inclusion exclusion Action of Government Ram Nanadan Committee to identify creamy layer, NCBC by act of parliament in 1993, 77th amendment, 85 th amendment, 81 st amendment (nullify backlog ruling), 76th amendment 1994 TN reservation act in 9th schedule protect 69% reservation from judicial review 

A.17 Abolition of untouchability (offence punishable accordance with law)Madras HC - practice developed historically, social disability imposed on certain class, does not cover social boycott of of few individual. Sc held that its right against private individual In 1976 untouchability law 1955 renamed as Protection of civil right act [Untouchability not defined either in act or in article] (6 month imprisonment or 500 rs fine, disqualified for election of MP/MLA)Act as offence - prevention of entry of public worship, justifying untouchability, denying access to shop, public entertainment, insult using caste, refusing admission in hospital/hostel/etc, preaching Untouchability, refusing to sell good or render service   

A.18 Abolition of titles (1) no title not being military or academic conferred by state (2) Citizen can't accept by foreign state (3) Non citizen holding office under state can't accept by foreign state without permission of president(4) holding office under state can't accept present/emolument/office without consent of president  

SC upheld Bharatratn/Padmashri/etc A.18 is for hereditary titles of nobility. Theory of equality does not mandate merit should not be recognize. Should not be used as prefix/suffix to awardee else forfeit

8. A.19  Right to freedom (Available only against state & to citizens only [Not to legal person/foreigner ] ) (Same Rap)

A.19(1)(a) Freedom of Speech and Expression SC includes - press, propagate view of one's or others, advertisement, against tapping telephone, right to telecast, Right against bandh, know about government activities, silence, Against imposition of pre - censorship on newspaper, Demonstration or picketing but not strike    ExceptionsA.19(2) Prohibition in case of sovereignty/integrity[44 amendment]/security  of state/friendly relation with foreign country/public order/decency or morality/contempt of court/defamation/incitement to offence

A.19(1)(b) Assembly peaceably without armIncludes - hold public meeting, demonstration, procession, Can be exercised only on public landExceptionsA.19(3) Prohibition in case of sovereignty/integrity[44 amendment]  of state/ public order (including maintenance of traffic)Section 144 CRPC DM can restrain if risk of human life/health/riot/disturbance/public tranquillitySecion 141 IPC Assembly of 5 or more person unlawful if resist legal process/forcibly occupy property/mischief/criminal trespass/forced to do illegal act/ threaten government or official on exercising lawful power 

A.19(1)(c) To form association or union or cooperative societies [97th amendment 2011]Includes - continue with association, covers negative right not to join union,  ExceptionsSc held trade union have no guaranteed right of bargain/declare strike/lock out Right to obtain recognition of association is not a Fundamental Right A.19(4) Prohibition in case of sovereignty/integrity[44 amendment]  of state/ public order/morality.

A.19(1)(d) Move freely throughout territory (Covers internal dimension) Exceptions Sc held restriction on movement of prostitute on ground of public health/moralBombay HC restriction on person affected by AIDS A.19(5) Restriction in interest of general public/ protection of ST

A.19(1)(e) To reside/settle in any part of IndiaExceptions  A.19(5), Sc held certain area can be banned for prostitute/ habitual offenders 

A.19(1)(f) Acquire/hold/dispose property Deleted 44th amendment 1978

A.19(1)(g) Practice any profession or carry on any occupation/business ExceptionsA.19(6) Interest of general public, (i) technical qualification, (ii) Carrying on by state/PSU (Monopoly)Does't include immoral/dangerous activities. Allows licensing Note : Right to retirement is not above right to live 

9. A.20 Protection in respect of conviction of offence 

A.20(1) No conviction except for violation of a law in force at time of the act charged as offence, no penalty greater than lawExceptions Ex post fact law limitation on Criminal laws not civil, Prohibits conviction or sentence and not trial, preventive detention or demanding security 

A.20(2) No double punishment for same offenceExceptions - available only in court of law/judicial tribunal (and not departmental trial)A.20(3) No person shall be compelled to be witness of itself (Oral + Document)Exceptions Compulsory production of material object/compulsion to give specimen/exhibition of body (Only to criminal proceeding)

10. A.21 Protection of personal life and liberty (No person shall be deprived of his life or personal liberty except according to procedure established by law)

Gopalan Case(1950)- Narrow view against arbitrary action not legislation, Liberty related to person/body of individual Procedure Established By Law - Britain, validity of law can't be questioned on ground of unfair, unreasonable, unjust, limitation on executive,  Due Process of Law - American, Natural justice, understood by reason fair,just and reasonable Menaka Case(1978) - Overruled Gopalan judgement, Procedure should be fair, just and reasonableA.21 not confined to survival but human dignity and meaningful life, personal liberty widest amplitudeRights part of A.21 human dignity, descent environment/pollution free water&air/ protection from hazardous industry, livelihood, privacy, shelter, health, free legal aid, against solitary confinement, speedy trial, against handcuffing, against inhuman treatment, against delayed execution, travel abroad, against bounded labour, against custodian harassment, emergency medical aid, timely medical treatment in government hospital, not to be driven out of state, fair trial, prisoners to have necessity of life, Right of woman to be treated with dignity, against public hanging, hearing, RTI, reputation, appeal from judgement of conviction, social security & protection of family, Socio economic justice and empowerment, against bar fetters, appropriate life insurance, sleep, freedom from noise pollution, electricity   A.21A Right to free and compulsory Education [86th constitutional amendment 2002] (Age 6-14, elementary education)Described as dawn of revolution in chapter of citizens right, was already recognised by SC (1993) overruled 1992 judgement (Up to any level), Enacted RTE act 2009

11. A.22 Protection against arrest and detention (Punitive + preventive)

A.22(1) no arrest without being informed, no deny of right to consult by legal practitioner A.22(2) produce before nearest magistrate within 24 Hr (Exclude journey time), no detention without authority of magistrate (Applies to criminal/quasi criminal and not tax/civil etc)Exceptions A.22(3)(a) enemy alien A.22(3)(b) law providing preventive detention A.22(4)  Preventive detention no longer than three month 

Exceptions A.22(4)(a) advisory board reported sufficient case before three month, but not beyond prescribed limit of law made by parliament A.22(4)(b) detained in accordance with law

A.22(5) authority shall communicate to such person on ground which order made, shall afford earliest opportunity of making representation against orderExceptionsA.22(6) against public interest to disclose 

A.22(7) Parliament may by law prescribe A.22(7)(a) circumstances in which detained more than 3 months without advisory board [44 amendment 1978 2 months not in force yet, date to be notified]A.22(7)(b) maximum period of detentionA.22(7)(c) Procedure to be followed by advisory board

Laws of preventive  detention - MISA repealed in 1978, Conservation of foreign exchange and prevention of smuggling activities 1974, NASA 1980, Prevention of blackmarketing and maintenance of  supply of essential commodities 1980, TADA repealed, Prevention of Illicit traffic in Narcotics drugs and psychotropic substances 1988, POTA repealed in 2004

NOTE - No democratic country made preventive detention part of constitution (Except India), USA unknown, Britain WW, Pre 1947 Defence of India act 1939 &  Bangal state prisoner regulation 1818  

12. A.23 Prohibition of traffic in human being and forced labour  

A.23(1) Traffic of human beings, begar , forced labour prohibited (State as well as private)Includes devdasi, slavery, bonded labour, force word includes compulsion of economic circumstancesActs  Immoral traffic prevention act 1956, bonded labour system act 1976, minimum wages act 1984, contract labour act 1970, Equal remuneration act 1976Exceptions A.23(2) Provision of compulsory service for public purpose(No discrimination on grounds only of religion, race, caste, class)

13. A.24  No child below 14 employed to work in any factory mine or engaged in any other hazardous employment

The child labour act 1986, employment of children act 1948,1966 Sc directed Child labour rehabilitation fund , 20000 fine for each child labourChild right act 2005 Commission for protection of child right, children court In 2006 banned employment of child as domestic servant, worker in businessChild labour amendment 2016 - amended The child labour act 1986, renamed as, child and adolescent labour act 1986; prohibits in all occupation and processes; 6 month - 2 years/ Rs 20k-50k finerepeated offence 1 year to 3 years

14.   A.25 Freedom of conscience and free profession, practice and propagate religion (To individual)

Conscience - mould his relation with god or religion Profess - declare faith/religion openly Practice - religious worship & rituals  Propagate - Transmission (not include right to convert)Exceptions A.25(1) Subject to public order, morality and health (wearing kirpan included in sikh profession)A.25(2) Right to state to make lawsA.25(a) regulating/restricting any economic, financial, political or secular activity associated with religious practice A.25(b) Social welfare and reform or throwing open of Hindu religious institution (Hindu includes Sikh, Jain, Budhism)

15. A.26 Freedom to manage religious affairs (Religious denomination and section/ collective)

A.26(a) establish and maintain institution of charitable purposes A.26(b) manage its own affairs in religious matter 

A.26(c) own and acquire movable/immovable property A.26(d) administer property with accordance to law Religious denomination - individuals with same belief conducive to spiritual well being, common organisation, distinctive name  (SC held Ramkrishna Mission / Anand marg are religious denomination; Aurobindo society is not)Exceptions Subject to public order, morality and health 

16. A.27 No compulsion to pay any taxes appropriated in promotion of particular religion

prevent favouring one religion, tax can be used for promotion of all religion   Exceptions - Fee can be charged for entry in religious places

17. A.28 freedom to attendance at religious worship in religious institution 

 A.28(1) No religious instruction in educational institution maintained out of state fund A.28(3) no person attending institute recognised by state/receiving aid out of state fund shall  require to take part in religious instruction. In case of minor guardian has to give permission Exception A.28(2) Education institution administered by state but established under trust or endowment which require religious instruction shall be imparted  

18. A.29 Protection of interest of minorities 

A.29(1) Any section of citizen ( SC held scope not restricted to minorities only) have right to conserve distinct language, script or culture of its own (Sc held includes right to agitate for protection of language, hence speeches for conservation for languages is not corrupt practice under RPA 1951)A.29(2) No denial of admission in educational institution maintained by state or receiving aid on grounds only of religion,race,caste,language 

19. A.30 Right of minorities to establish and administer educational institute

A.30(1) right to establish and administer educational institution of their choice A.30(1A) Compensation amount fixed by state for compulsory acquisition of property of minority institution shall not restrict A.30(1) [44th amendment 1978]A.30(2) No discrimination in granting aid on ground that it is administer by minority Term minority not defined in constitution Includes right of minority to impart education in its own language Recognition and aid / recognition and not aid regulatory power of state like syllabus /staffNo recognition / No aid free to administer subject to labour law, contract law etcMalankara Syrian Catholic College Case (2007)(1) Right includes - choose governing body, appoint staff & take action, reasonable fee, admit student of their choice, use its property for benefit of institution  (2) Ensures equality with majority, Not for advantage of minority viz a viz majority, no reverse discrimination, general law relating to national interest, social welfare, national security, health, etc applies.(3) Not absolute, can be regulatory measure, check on admin(4) subject to eligibility condition unaided has freedom to appoint staff(5) Extension of aid not alter provisions, can imposed condition to proper utilisation  

20. A.31  repealed [44] No person shall be deprived of his property except by authority of law 21. A.32 Remedies for enforcement of right 

A.32(1) Right to move to SC by appropriate proceeding for enforcement of right A.32(2) Power of SC to issue writs of nature habeas corpus, mandamus, prohibition, quo warranto, certiorari 

A.32(3) parliament may empower any other court to exercise within local limit all powers exercisble by SC A.32(4) A.32 shall not be suspend except provided by constitution SC is defender and guarantor of Fundamental rights. Sc held it as basic structure. Violation of fundamental right sine quo non (essential) for exercise A.32

Writs (Borrowed by English law prerogative writs, A.216 (discretionary) HC can issue, HC more scope than SC, Sc more wider territorial jurisdiction, HC may refuse)Habeas Corpus - To have body of, Order to person who detain other to produce later, bulwark of individual liberty against arbitrary detention. Against both public authority + individualNot issued to - lawful detention, contempt of court or legislature, detention outside jurisdiction

Mandamus - We command, to public official asking him to perform his duty which he failed or refuseNot issued to - Private individual, to enforce departmental instruction (not statutory), discretionary duty, contractual obligation, president/governor, against CJ of HC acting in judicial capacity 

Prohibition - higher court to lower court/tribunal, prevent later from exceeding jurisdiction, only against judicial/quasi judicial body, preventive 

Certiorari - to be certified, higher court to lower court/tribunal, transfer case from Lower to higher/ squash order of lower. Preventive + curative, SC held applies to administrative authority Not issued to - private individual, legislative bodies      

Quo Warranto - By what authority, issued by court to enquire legality of claim of person to legal office, unlike other writs can be sought by any interested and not by aggrieved Not issued to - ministerial office/ private office 

22. A.32(A) repealed. Constitutional validity of state law not to be considered under A.32 [43]23. A.33 Armed forces and Fundamental Rights 

Parliament may by law determine what extent fundamental right shall in application to (a) armed forces (b) forces charged with maintenance of public order(c) employed in bureau or organisation established by state for intelligence(d) employed with telecom system associated with force/bureau to ensure proper discharge of the duty Power to parliament only not to state legislature. Also covers employs of forces like barberLaw can exclude court martial from writ jurisdiction  

24. A.34 Restriction on fundamental right when martial law in force in any area 

Parliament may by law indemnify person in service of state/union or any other person in respect of any act done by him in maintenance or restoration of order in any area within territory where martial law is in force or validate sentence passed/punishment or other act done under martial law (Not defined in constitution)Martial law borrowed from English law  Sc held martial law does not result suspension of habeas corpus

25. A.35 Legislation to give effect to fundamental right 

(a) Parliament have and state don't have power wrt 1. 16(3)[residence ], 32(3) (empowering other courts), 33, 342. prescribing punishment acts declared offence (A.17&A.23) under part 3

(b) any law in force (same meaning as A.372) at the commencement wrt any above matter continued in force untill repealed/altered/amended by parliamentParliament can make law on above matter even though matter fall in state list 

26. Present position of Right to Property 

Originally was in A.19(1)(f) & A.31. A.31 empower state to acquire property for public purpose with payment of compensation. A.31(A), A.31(B), A.31(C) added & modified nine times to nullify SC judgement. 44th amendment inserted new A.300(A) in part 12.  A.300(A) Right to property (legal & constitutional right)No person shall be deprived of his property except by authority of lawIt can be curtailed/regulated by ordinary law. Protect against executive action not legislative. Can not move to SC directly. Can move to HC under A.226. No guaranteed compensation. Note - Compensation has to be paid in A.30(acquisition of property of Minority institution) & A.31(A) Land is within ceiling limit and personal cultivation purpose 

27. Exception to Fundamental Rights 

A.31A Saving of laws providing for acquisition of estate Notwithstanding anything in A.13 no law providing for [A.14&A.19](a) acquisition of estate and related rights (b) Taking over management of property (c) Amalgamation of corporations (d) Modification of right of shareholders/directors(e) Extinguishment/Modification of mining lease Do not immunise state law unless received president assent. Compensation at market value when land under ceiling limit or person cultivation. 

A.31B Validation of certain acts and regulation Saves Act placed in Ninth schedule from judicial review. IR Cohelo case 2007 SC ruled that there should not be blanket immunity from judicial review. Judicial review is basic feature. Laws placed ubder 9th schedule after April 24,1973 are open to challenge in court if violated 14,15,19,21 or basic structure. 

A.31C Saving laws giving effect to certain directive principles [25 amendment 1971](a) No law seeks implementation of A.39(B)/(C) [Socialist directive principle] shall void on ground of contravention of A.14&A.19(b) No law containing a declaration that it of for giving effect to such policy shall be questioned in any court on ground that it does not give effect to such policy (In K bharati case Sc held this provision invalid on ground that judicial review is basic feature)42 nd amendment 1976 extend first provision to all DPSC (SC held it invalid in Minerva Mills case 1980)

A.31D Repealed saving law in respect of anti national activities 

28. Criticism of Fundamental Rights - Extensive limitation, No Social or economic rights, No clarity (terms not clearly defined), No permanency, Suspension during emergency, Expensive remedy, Preventive detention, No consistent philosophy (Created difficulty for SC)  

29. Significance of Fundamental Right - bedrock of democratic system, necessary condition for material and moral protection of man, bulwark for individual liberty, establishment of rule of law, protects minority and weaker section, strengthen secular fabric, check on authority, foundation stone of social justice & equality, ensure dignity of individual, facilitate participation of people in democracy 

30. Rights outside part 3  

A.265 No tax shall be levied except by authority of law A.301 trade, commerce, intercourse through out India shall be free (Part 13)

A.326 election to LS & Legislative assembly shall be on adult suffrage (part 15) 

DPSPAuthor: Abhishek D

1. Borrowed from IRISH constitution (Spanish). DPSP and FR philosophy and soul of constitution. Part 4 of constitution.

2. Constitutional recommendation to state in admin/executive/legislative matter. Amplify preamble. Stability of foreign and domestic policies in case of party changed. Enable opposition to exercise control over opposition. 

3. Resembles instrument of instruction (To governor general) GOI act 19354. Embody concept of welfare state and not police state. Seek to establish economic and social democracy

in country5. A.36 definition of state same as that of A.12 [Supreme Court has held that judiciary can be considered as

a State‘ as far as its rule-making power is concerned, but it would not be considered so when it exercises its judicial powers]

6. A.37 Non justiciable (but help SC to examine constitutional validity). Fundamental in governance. it shall be duty of state to apply this principle in making laws.

(A) did not posses sufficient financial resources (B) backwardness in country stand in the way of implementation (C) Newly born state might crushed under burden unless it was free to decide time, place and mode of fulfilling  

7. A.38  (1) Promote welfare by securing social order permeated by justice. (2) Minimise inequalities in status, income, facilities and opportunities [(2) by 44 th amendment 1978] (S)

8.  A.39 Certain principles of policies followed by state (S)

(a) citizens have right to adequate means of livelihood(b) equitable distribution of material resources(c) prevention of concentration of wealth and means of production(d) equal pay for equal work for men and women (e) health and strength of worker men/women and children not abused. Not forced by economic necessity to enter avocation unsuited to age and strength (f) healthy development of children. Protection against exploitation [42 nd amendment 1976]

9. A.39A Equal justice. Free and legal aid by suitable legislation. [42 nd amendment 1976] (S)10. A.40 Organize village panchayat and endow them power and authority (G)11. A.41 within economic capacity effective provisions for right to work, to education and public assistance

in case of unemployment, old age, sickness, disablement. (S)12. A.42 Just and humane condition of work and maternity relief (S)13. A.43 Living wage, decent standard of life and social cultural opportunities for all workers. Promote

cottage industries (S+G)14. A.43A suitable legislation for participation of workers in management of industries [42 nd amendment]

(S) 15. A.43B Endeavour to promote voluntary formation, autonomous functioning, democratic control and

professional management of co operative societies [97th amendment, 2011] (G)16. A.44 State shall endeavour to secure UCC (L)17. A.45 Provide early childhood care and education for all children until they complete age of 6 [86

amendment 2002] (L)

18. A.46 To promote educational and economic interest of SC/ST and other weaker section. Protect them form injustice and exploitation (G)

19. A.47 Raising level of nutrition and standard of living. Improvement of public health as primary duty. Prohibition of consumption of intoxicating drugs and drinks (Except medicinal use) (S+G) 

20. A.48 Endeavour organise agriculture animal husbandry. Improving breeds and prohibiting slaughter of cows and calves and other milch and draught cattle (L+G) 

21. A.48A endeavour to improve environment and safeguard the forest and wild life [42 nd amendment] (L)

22. A.49 Protect every monument/place/object or artistic or historic interest declared to be of national importance (L)

23. A.50 Separate judiciary form executive in public services of state (L)24. A.51 Promotion of international peace and security (L) 

(b) maintain just and honourable relation between nations(c) foster respect for international law and treaty obligations(d) encourage settlement of international disputes by arbitration  

25. Imposes moral obligation over state but real force is political that is public opinion 26. Criticism - No legal force, illogically arranged, conservative, constitutional conflicts 27. Champakam Dorairajan case 1951 Conflict between FR and DPSP. FR will prevail. FR can be amended.

DPSP run subsidiary to FR.  28. Golaknath case 1967 FR can not be amended for implementation of DPSP29. 24th amendment 1971- parliament has power to take away FR by amendment.30. 25th amendment 1971 - A.31C31. Minerva Mills case 1980 - Indian constitution is founded on bedrock balance between FR and DPSP.

They are two wheels of chariot. One no less than other. To give absolute primacy to one over another is to disturb harmony of constitution. This balance and harmony is basic and essential feature of constitution. 

32. Directives Outside part 4

(a) A.335 The claims of SC/ST to services shall be taken into consideration consistently with the maintenance of  efficiency of admin  [Exception : relaxation in qualifying marks/ lowering standard of evolution](Part 16)(b) A.350A Endeavour every state and local authority to adequate facility for instruction in mother tongue at the primary stage of education to children belonging to linguistic minority group(Part 16) [7th amendment 1956](c) A.351 Duty of union to promote the spread of Hindi language. 

33. Implementation of DPSP 

Planning commission, land reform laws, Minimum wage act, Child labour prohibition act, Maternity benefit act, nationalisation of LI/banks/General insurance, Legal service authority act, 73rd/74th amendment     

Fundamental DutiesAuthor: Abhishek D

1. FR and FD are correlatives and inseparable. 11 duties included in part 4A 2. Fundamental duties of citizens included by 42nd amendment 1976. Non justiciable. 3. Inspired by USSR. Japanese & Indian constitution only democratic constitution with FD .

4. Swarn Sing committee Recommendation 

Accepted New part with FDStressed that citizen should become conscious that in addition to enjoyment of right they have some duties 

Not accepted Eight fundamental duties (10 added + 1 later)penalty or punishment for non compliance No law imposing penalty shall call in court on the ground of infringement of fundamental right Duty to pay tax

5. A.51A Shall be duty of every citizen of India to 

Abide by constitution. Respect ideals the national flag and national anthem Cherish and follow noble ideas that inspired national struggle Upheld and protect sovereignty, unity and integrity Defend country and render national service when called upon Promote spirit of brotherhood amongst all people and to renounce practices derogatory to dignity of woman Value and preserve rich heritage of countries heritage and composite culture Protect and improve natural environment and to have compassion for living creatures Develop scientific temper, humanism and spirit of inquiry and reform Safeguard public property and abjure violenceStrive towards excellence in all sphere of individual and collective activity so that nation rise to higher level of achievements To provide opportunity for education to his child or ward between age 6-14 [86 th amendment 2002] 

6. In 1992 SC ruled that if court found that law seeks to effect to fundamental duties it may consider such law reasonable in relation to A.14 & A.19 (Help to determine constitutional validity)

7. They are enforceable by law. Parliament may provide penalty. 8. Verma committee on Fundamental Duties of the citizen (1999) 

Identified the existence of legal provisions for the implementation of some of fundamental duties Prevention of insult of National Honour act 1971Various criminal laws provides punishment for encouraging enmity between different section of socitiesProtection of civil rights act 1955, provides punishment for offence related to caste and religion IPC declares the assertion prejudice to national integration as punishable offence Unlawful activities prevention act 1967, declares communal organisation as unlawful association RPA 1951 disqualifies MP/MLA for promoting enmity between different sections and soliciting vote on ground of religion WPA1972, Forest conservation act 1980

Amendment of constitutionAuthor: Abhishek D

1. Neither flexible nor rigid, synthetic. Taken from SA constitution.  2. Part 20 A.368 Power of parliament to amend constitution 

A.368(1) amend by way of addition, variation or repeal any provision of constitution in accordance with procedure A.368(2) Amendment can be initiated only by introduction of bill in either house of parliament, passed in each house by majority of the total membership of that house and by majority  of not less than 2/3 rd of members present and voting. It shall be presented to the president who shall give his assent to the bill. (Must give assent cant return , neither withhold, 24 th amendment 1971)(a) A.54(Election of president), A.55 (Manner of election of president), A.73(Extent of executive power of union), A.162(Extent of executive power of state), A.241 (HC of UT), A.279A (GST) (b) Chapter 4 of part 5, Chapter 5 part 6 ,  Chapter 1 of part 11 (power of panchayat) (c) List in 7th schedule(d) Representation of states in parliament (e) provisions of this article should be ratified by 1/2 half of state by resolution, before bill presented to president assent A.368(3) Nothing in A.13 shall apply to amendment of this article A.368(4) No amendment of this article shall be called in question in any court on any groundA.368(5) No limitation on power of amendment [Invalidated in Minerva mills case]

3. Private member can introduced, No permission of president required, No joint seating.  4. Types of amendment 

By simple majority - Outside 368, State reorganisation, Abolition/creation of state assembly, 2nd schedule, quorum, salaries of MP, rules of procedure, privilege of parliament and MP, Use of English language in parliament, Number of puisne judges in SC, more jurisdiction on SC, use of official language, citizenship acquisition and termination, Election of parliament and state legislature, Delimitation of constitution, UT, 5th schedule, 6th scheduleBy special majority -  Majority provisions, special majority required in all three stages (As per rule of house)Special majority + Ratification by state - Federal features 

5. Criticism 

No constitutional convention (USA)/assemblyNo voice of state except resolution for creation/abolition of legislative assembly Majority part can be amended without state, 1/2 India; 3/4 USANo prescribe time for ratification by state 

Basic Structure of the constitutionAuthor: Abhishek D

1. Shankari prasad case 1951 - Can amend FR, A.13 word law means ordinary law not amendment 2. Golak Nath Caase 1967 - Parliament cant take away FR, Amendment is law under A.133. Kesvanand Bharti case 1973 - Parliament can take away FR if not violating basic structure4. Wamanrao case 1981 - Doctrine of basic structure apply to amendment after April 24 19735. Basic Structure   

Supremacy of constitution KB case

Sovereign, democratic, republic nature  

KB case, Indira Gandhi case, Kilhoto Holohon case (Defection), SR Bomai case, Kuldeep Nair case

Secular character of constitution 

KB case, Indira Gandhi case, SR Bomai case

Separation of power  KB case, Cohelo case

Federal character of constitution

KB case, SR Bomai case

Unity and integrity of nation

KB case, Raghunath rao case, SR Bomai case

Welfare state (Socio economic justice)

KB case, Bhim singji case, SR Bomai case

Judicial review Indira Gandhi case, Minerva Mills case, SP sampath kumar case, P sambamurty case, SR Bomai case, Cohelo case, Madras bar association case

Freedom and dignity of individual

KB case

Parliamentary system

KB case

Rule of law Indira Gandhi case, sampath kumar case, P sambamurty case, Indira Sawhney case, Cohelo case

Harmony and balance between FR & DPSP

Minerva Mills case

Principle of equality  Indira Gandhi case, Raghunath rao case, M Nagraj case, Cohelo case

Free and fair election Indira Gandhi case, Kilhoto Holohon case (Defection), Kuldeep Nair case

Independence of judiciary Kumar Padm Prasad case, All India judges Association Case

Limited power of parliament to amendment

Minerva Mills case

Effective access to justice Central coal field case, 

Principles underlying FR Cohelo case (9th schedule case)

Power of SC under A.32, A.136, A.141, A.142

Delhi judicial service association case, Ram jethmalani case

Power of HC on A.226 & A.227 L Chandr Kumar case, Madras bar association case

Parliamentary SystemAuthor: Abhishek D

1. For centre A.74 (Council of minister), A.75 (Other provisions as to minister), For state A.163, A.1642. Comparison 

Parliamentary System  Presidential System

FeaturesDual executiveMajority party ruleCollective responsibility Political homogeneity (ideological)Double membershipLeadership of PMDissolution of lower houseFusion of power

Features Single executivePresident & legislature elected separetelyNon responsibility Political homogeneity may not exist Single membershipDomination of president (Kitchen cabinet)No dissolution of lower houseSeparation of power 

Merits Harmony between legislature and executive Responsible government Prevents despotism Ready alternative government Wide representation 

Demerits Conflict & Grid lockNon responsible government May lead to autocracy Re-election requires Narrow representation 

Demerits Unstable governmentNo continuity of policies Dictatorship of the cabinet (IG)Against separation of powerGovernment by amateurs 

Merits Stable government Definiteness of policies #Based on separation of power Government by experts 

Example - India, Japan, Britain, Canada, etc Example - Brazil, USA, Sri Lanka 

3. Reason for adoption of Parliamentary system - Familiarity, Preference to more responsibility, To avoid legislative executive conflict, Nature of Indian society

4. Swarn Sing committee - Parliamentary system doing well hence no need to replace it.5. Distinction between Indian and British model - Republican vs Monarch, parliament not supreme vs

Sovereignty of parliament, PM both house vs PM lower house, non MP can be PM for 6 month vs Only MP, No legal responsibility vs Legal responsibility, No shadow cabinet vs Shadow cabinet        

Federal SystemAuthor: Abhishek D

1. Features 

Federal  Unitary 

Dual government, Written constitution, Division of power, Supremacy of constitution, Rigid constitution, Independent judiciary, Bicameral legislature 

Single government, can be (Like France), No division of power, Can be (Like Japan), Can be (Like france), Can be, Can be   

2. USA first and oldest 17873. Why In India? - Size, Socio cultural diversity, Efficiency of governance 4. Indian federation based on Canadian model (Disintegration, Union, Centralised tendency) 5. Federal features of Indian Constitution 

Dual polity (Sovereignty & Separate domain of power)

Written Constitution (Avoids misunderstanding and disagreement)Division of power (Different list Schedule 7, residuary power to centre )Supremacy of the constitution Rigid constitution (In case of centre state relation or some federal features)Independent judiciary (To solve issue between state and centre or state vs state)Bicameralism (RS protects interest of state) 

6. Unitary features of Indian Constitution 

Strong centre (Union list more & important subject, Concurrent list center has overriding power, residuary power with centre)State are not indestructible (Simple majority, indestructible union of destructible state)Single constitutionFlexibility of constitution (Power to initiate amendment lie with center, In USA state can propose an amendment)No equality of state representationEmergency provision (Convert federal to unitary not found in any federal state)Single citizenshipIntegrated judiciary (HC & SC execute both center and state law)All India services (Recruited and trained by center, ultimate control of center)Integrated audit machinery (CAG audit state but appointment and removal by president )Parliaments authority over state list (If RS passes resolution, no amendment, no emergency)Appointment of governor (Canadian system)Integrated election machinery (Power to appoint and removal to president)Veto over state bill (Absolute veto and not suspensive)

7. Critical evolution of the federal system 

Tilted balance of power towards center. Unitary state with subsidiary federal features. Bargaining Federalism. Federal with unique safeguard for national unity & integrity. Cooperative federalism ( marble-cake). Sui generis. Both union and state are created by the constitution. Federalism is separation of executive and legislature by constitution and not by law made by center. Bommai case 1994 - Constitution is federal & federalism basic structure. Independent constitutional existence of state. Emergency is exception and exception are not rule. Following shows federal spirit - Territorial disputes between Maharashtra & Karanataka. River water dispute, Emergence of regional party, Demand of states for grant, Assertion of autonomy by state,SC restriction on president rule 

Centre State RelationAuthor: Abhishek D

Legislative Relations 

1. Part 11, Chapter 1, A.245-A.2552. A.245  Territorial extent of central & state legislation 

Parliament for whole part, state for whole part of state only (Except sufficient nexus between state and object Parliament alone for extra territorial legislation, applicable to Indian citizen and their property abroad Exceptions

President can make regulation for peace, progress and good government for UT (AN, DNH, LD, DD)Governor can specify modification or exception or not apply for schedule areaGovernor of Assam for autonomous district and president for autonomous district of Meghalaya, Tripura & Mizorama can specify modification exception or does not apply 

3. A.246 Distribution of legislative subjects (7th schedule)

Union List (I) - Defence, banking, Foreign loans, Lotteries organised by state, Inter state trade [92(taxes on sale purchase of newspaper and on advertisement published therein), 92C(taxes on service) Abolished by 101 CA]State List (II) - Public order, police health, agriculture [52(taxes on entry of good in local area, 55(taxes on advertisement other than published in newspaper, radio and TV) abolished by CA 101]Concurrent List (III) - bankruptcy and insolvency, (Forest, Education, weight and measures, protection of wild life, administration of justice by 42nd CA transferred from state list)  [Centre law prevails except accent of president (Parliament overriding power by making law on same matter)] 

A.248 Residuary power - Includes taxes, To the centre, USA/Australia to state, Canada federal & provincial while residuary to centre, 1935 power to #GGI Or viceroy

A.246A GST -Every state have power to make laws WRT goods and services imposed by union or state Inter state parliament exclusive power 

4. A.247 Parliament may by law provide for establishment of additional court for better administration of laws made by parliament 

5. Power of parliament to legislate in matter of state field 

A.249 RS passes resolution - must supported by majority of not less than 2/3rd member present and voting, remain in force for one year, it can be renewed any number of times, law ceases after 6 month of expiration of resolution, no restriction on state but center law prevails 

During national emergency - Law becomes inoperative after six month of expiration of emergency, no restriction on state but center law prevails 

A.252 On request of state - Two or more state passes resolution, applies only to those state who passed resolution other may adopt it afterword, Can only be amend or repeal by parliament, Eg. Transplantation of human organ act 1994   

A.253 To implement international agreement 

During president rule - Law can be  repealed or altered or re enacted by state legislature after emergency 

6. Center control over state legislation - Governor can reserve bills/ absolute veto of president/ president can direct to reserve money bill and finance bill in financial emergency 

Administrative Relation 

1. Part 11, Chapter 2, A.256-A.2632. A.256 Distribution of executive power 

Union - parliament has exclusive power of legislation, right conferred to it by agreement 

State - Exclusive power in state list Concurrent - state, except when specifically given to center

3.  A.257 Obligation of state and the centre 

StateEnsure compliance with the law made by parliament or any existing law applying in state Not to hamper executive power of centre Centre Executive power of centre extends to giving direction to state as necessary for this purpose as well in following cases.

Construction/ maintenance of means of communication by stateMeasure to be taken for protection of railway within state adequate facility for instruction in mother tongue at primary education for minoritiesSchemes for welfare of ST in state

Sanction behind this directions are coercive  

A.365 President can impose presidential rule under A.356 in case state fail to comply with any directions given by centre  

4. Mutual delegation of function

Distribution of legislative power is rigid Constitution provides inter government delegation of executive functions to avoid deadlockPresident with consent of state & governor with consent of center can entrust executive functions  By delegation of parliament center can entrust executive function without consent of state, state can not do as in case of above 

5. Co operation between center and state 

Parliament adjudication of any complain wrt use and distribution of inter state water A.263 President can establish inter state council to investigate and discuss subject common to interest between state and center (1970)Parliament can appoint appropriate authority for inter state freedom of trade and intercourse (No such appointed yet)

6. All India Services 

IAS & IPS & IFS(1966)A.312 parliament can create all India service on the basis of RS resolution (majority of not less than 2/3rd member present and voting) [All India judiciary service for post not lower than district judge (It will not be amendment under A.368)]

7. Integrated Judiciary8. A.355 protect state against internal agitation & external aggression, to ensure government in every

state is in accordance with constitution 9. Extra constitutional devices - NITI Aayog, NDC, zonal councils, NE council (Search) 

Financial Relation 

1. A.268 to A.293 part 122. Stamp duties levied by GOI collected by state & assigned to state 3. Income tax levied and collected by GOI but distributed between state and center4. State can impose tax on profession, trade, callings and employments upto 2500 PA5. Tax on consumption of electricity except sold to railway or center 6. Cess/surcharge levied and collected by GOI

7. https://www.gktoday.in/gk/constitution-101st-amendment-act-2016/8. Grant in aid to state 

Statutory grant - A.275 Parliament may by law, different sum for different state, charged on consolidated fund of India, not to every state, specific grant for ST, FC recomendationDiscretionary grant - A.282 empower both center and state, no obligation, largest part Grant in aid - temporary, (in lieu of export duty on jute & jute products, recommendation of FC, for 10 years from commencement)

9. FC wheel of fiscal federalism 10. Protection of state interest 

Following bills to be introduced in parliament after recommendation of president taxes/duties in which states are interested varies meaning of agricultural income principal on which money distributed in state impose surcharge specific tax or duty  NOTE Net proceed = Tax collection - cost of collection (Certified by CAG and is final)

11. Borrowing 

Center - within/outside on security of consolidated fund within limit prescribed by parliament (no such law yet),   State within on security of consolidated fund of state within limit prescribed, loan from center (charged on consolidated fund of India)Note - State can not raise loan without consent of center if there is still outstanding any part of loan made to state by center in respect to which guarantee given by center  

12. Inter governmental tax immunity  

Center property from state - parliament empowered to remove ban, corporate companies of centre not immune from state or local taxation State property from center - Corporate companies of state not immune from state or local taxation, property or income authority of local authority not exempted SC 1963 in advisory opinion - immunity does not extend to custom & excise imported or exported by state or manufactured by state  

13. Effect of emergency 

National - president can modify constitutional distribution of revenue, continues till financial year in which emergency cease to operate Financial - direction to reduce salary, reserve all money or financial bills  

ARC 1966 

1. Establish inter state council under A.2632. Governor as a person having long public experience and non partisan attitude 3. Delegation of power to state 4. Transferring more financial resources to state and reduce dependence on center 5. Deployment of central arm forced either on request or otherwise

Rajmannar Committee, 1969 by DMK government 

1. Inter state council 2. FC should made permanent body3.  Planning commission should be disbanded new statutory body in place4. President rule should be omitted 5.  provision that ministry holding office in pleasure of governor should omitted 

6. residuary power to state 7. All India service should be abolished

Anandpur Sahib resolution, 1973 

By akali dal says center jurisdiction should be restricted to defence, foreign affairs,  communication and currency 

West Bangal memorandum, 1977

1. word union replaced by federal 2. defence, foreign affairs,  communication and currency & economic coordination3.  president rule and financial emergency should be repealed 4. state consent obligatory in forming new state 5. 75 % revenue to state 6.  RS equal power with LS 7. All India services should be abolished 

Sarkaria Commission, 1983 

1. Did not favour structural changes but emphasise on need of change in functional aspect2. Strong center essential for national unity and integrity 3. Permanent inter state council 4. President rule in last resort 5. All India services should be strengthen 6. Residuary power of taxation with state other in concurrent list 7. When president withhold ascent reason should be communicated to state 8. Zonal council 9. armed force without consent but with consultation 

10. Procedure to consult CM in governor appointment should be prescribed in constitution 11. Governor can not dismiss ministry if it has majority 12. Governor term of 5 years should not be disturbed 13. No commission of enquiry against state minister unless demand made by parliament 14. Surcharge on IT should not be levied unless for specific purpose for limited time15. Implement three language formula in true spirit 16. No change in RS or state reorganisation 17. Commissioner for linguistic minorities 18. Center implemented 180/247 (IMP Inter state council)

 Punchhi Commission, 2007 

1. Co operative federalism is a key of sustaining India's unity integrity and socio economics development in future. May act as practical guide of Indian governance

2. necessary agreement on concurrent list legislation before introducing to parliament 3. Greater flexibility t state & restrained in asserting parliamentary supremacy 4. absolute necessary subject from concurrent list 5. Governor - eminent, outside state, not connected to local politics, has not taken part in great

politics in recent past, fix tenure , impeachment procedure, bill passed by legislature governor should take action in 6 month 

6. Guideline appointing CM - Party/alliance with widest support, pre poll alliance as one party, in case of no majority - pre poll alliance largest number, largest single party with support of others, post electoral coalition, post electoral alliance and some party supporting 

7.   Governor should insist CM proving his majority on floor of house in prescribe limit 

8. Governor should have right to sanction in case of prosecution of state minister (biasness)9. done away with governor holding chancellor post 

10. Constitutional amendment in A.356 to incorporate guidelines of judgement in SR Bomai case, last resort option

11. A.263 amendment to make ISC credible, powerful and fair  12. Zonal council should meet twice a year13. New all India services like health, education, engineering and judiciary 14. Equality of seat in RS15.  Scope of devolution of power to local bodies should be prescribed in constitution 16. Royalty rate on major minerals should be revised every three years (compensation) 17. Ceiling on professional tax should be removed 18. TOR to FC can be handed as state and center 19. Finance commission division in ministry of finance should be converted to permanent 20. Inter state trade commerce commission under A.307 with both advisory and executive role as a

constitutional body decision should be final and binding on all state & center 

Inter state relationAuthor: Abhishek D

1. Inter state water dispute 

A.262 Parliament may by law provide adjudication of any dispute wrt distribution of any inter state river/ river valley, neither SC nor any other court exercise jurisdiction in this caseRiver board act - establishment of river board for regulation and development of inter state river on request of state Inter state water dispute act - Ad hoc tribunal, decision of tribunal would be final & binding, No other court jurisdiction , till date 8 tribunal  

2. Inter state council

A.263 President can establish, define nature of duties, organisation and its procedure (a) Enquiring and advising dispute between state (complementary to A.131, not binding)(b) Investing & discussion subject of common interest (c) RecommendationCenter council of health, local government& urban development, four regional council for sales taxNote - Council of Homeopathy & Indian medicine set up by parliamentary lawInter governmental council 1990PM(Chairperson), CM, Administrator of UT not having assembly, governor (President rule), six cabinet minister (HM + 5)Meet at least thrice a year, held in camera & all questions decided by consensus  A.261 Full faith and credit clause of constitution (US constitution)(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.(3) Final judgement or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

3. Inter state trade and commerce 

A.301 - A.307 part 13 A.301 trade and intercourse shall be free 

Parliament can impose restriction in public interest but can not give preference (Except in food scarcity)State can impose restriction in public interest but can not give preference (President assent)Same tax on imported good, prohibits discriminationThe freedom is subject to monopolies in favor of state  

4. Zonal Council 

Statutory body (State reorganization act 1956)Members - Union Home minister (Chairperson), CM in zone (VC by rotation), two other minister from each state, Administrator of UT [Without right to vote - nominated by planing commission, Chief secretory, development commissioner]Objective - Emotional integration, arresting regionalism linguism etc, removing effect of separation, co operation in socio ecnonomic matters, speedy execution of development projects, political equilibrium North eastern council - Separate act, 7 sister + Sikkim, review time to time measures taken by states for maintenance of security 

North eastern   Shillong

Northern(JK, HP, H, PN, RJ, Delhi, Chandi)  Delhi

Central  (UP, UK, MP, CG) Allahabad

Eastern (B, J, WB, O) Culcutta

Southern (KN, T, KE, AP, TN, Pondi) Madras

Western (MH, GJ, DDN, DNH,DD, Goa) Mumbai

 

Emergency ProvisionAuthor: Abhishek D

1. Part 18 A.352 to A.360 (Federal to unitary, GOI act 1935, Weimar constitution suspension of FR in emergency)

2. National emergency 

Ground of Declaration - A.352 President can declare, security of India or part of it threatened by external aggression or armed rebellion (Even before occurrence even if he satisfy imminent danger)42 nd amendment limit operation to specific part as well.44 th amendment 1978 replaced internal disturbance with armed rebellion.Only after written request from cabinet (Cabinet is defined ) [44 amendment 1978]. Emergency can be challenged in the court [Minerva mills case, 44 th amendment deleted 38 th amendment clause ]. 38 th amendment empower president to declare different proclamations of national emergency on different grounds simultaneously. Parliamentary approval 

By both house within one month [44 th amendment, original 2].If LS dissolved or dissolution without approving then in 30 days from first sitting provided RS approved. [Periodic approval for every six month for indefinite time added by 44 th amendment].Special majority [majority of total membership of house and 2/3 rd present and voting 44 th amendment] Revocation Any time without LS approval Resolution of disapproval (44 th amendment) - passed by LS only, simple majority [if 1/10 th member of LS gave notice to speaker or president (If house not in session),special sitting in 14 days].    Effects Centre state relation

Executive - Direction on any matter. Not suspended but under complete control of center [all state]Legislative -  Any subject in state list. Power of state not suspended. Unitary constitution. Ordinance on state list. (Inoperative after six month of emergency has ceased to operate) [42 nd amendment added, above provisions not only to state in which emergency operated but for all] Financial - President can modify distribution. Order has to laid before parliament (Operative for financial year in which emergency ceased to operated)

Life of Loksabha and Assembly      

May be extended by law of parliament. One year at a time. (can not continue beyond period of six month)

Effect on fundamental rights 

A.358 Suspension of A.19 Automatic suspension.A.19 re operate after suspension of emergency.Law made inconsistent with A.19 ceases after emergency.Legislative or executive action can not be challenged after emergency.[44 amendment only restricted in case of external emergency & Laws which are related to emergency are only protected from being challenged & not all laws].Entire country.For all the time of emergency A.359 Suspension of other rights FR not suspended but just enforcement.Only to those specified in presidential order.Parliament approval needed.Legislative or executive action can not be challenged.[44 amendment can not suspend right to move to court for A.20 & A.21, & Laws which are related to emergency are only protected from being challenged & not all laws]. Internal + external.Part of country or entire country.For specified time 

Declaration till date - 1962-68, 1971-77, 1975-77 [Shaha commission did not justify 1975]

3. President rule A.356 (First time imposed in Punjab )

Ground of imposition - In failure of constitutional machinery in the state. Either on report of

governor or otherwise. A.365 in case of state fail to comply with direction given by stateParliamentary approval - Within two months by both the houses (Simple majority). 30 days provision same as above. Six month at a time max 3 years. [44 amendment provides after one year only if national emergency or certified by election commission]. Consequences - President can take up function of state government. He can declare legislative power functioned by parliament All necessary step including suspension of constitutional provisions relating to any authority Dismisses state council. Administration with help of Chief secretory or adviser Suspend or dissolve state legislature (In case of dissolution elections are held)When dissolved power to make lawParliament delegate power to president or to authority specified by him (Non co terminus but can be repeal or alter by state legislature)President can authorize expenditure from consolidated fund, when LS not in session Can promulgate ordinance when LS not in session  Bomai case (1994)President rule subjected to judicial review Satisfaction must be based on relevant materialBurden lies on center to prove relevant materialSC has power to declare rule unconstitutional and restored dismissed government and assemblyAssembly dissolved only after parliament has approved, till date suspend Anti secular policies liable of action Question of confidence should decided on floor of houseUsed in special situation only Proper material Hung assembly majority party denies to for government and governor can not find coalition ministry resign after defeat and no other party able to form government Constitutional directions disregarded act against constitution physical breakdown refuse to discharge constitutional obligation Improper material Ministry resign and imposed without finding alternative Not allowed to prove majority Ruling party faced massive defeat Internal disturbance not amounting internal subversion or physical breakdown Allegation of corruption State government do not given warning to rectify except in disastrous consequences 

But in the case of Jammu and Kashmir, Governor's Rule is imposed for a period of six months under Section 92 of the Constitution of Jammu and Kashmir. The Governor's Rule can be imposed for six months after the consent of the President of India. The State Assembly is either kept in suspended animation or dissolved. If the Constitutional machinery is not restored in 6 months, the provision of Article 356 of the Indian Constitution is extended and the President’s rule is imposed.

4. Financial Emergency A.360 (Not declared so far)

Ground of declaration - If president satisfied that financial stability and credibility of India is threatened [Satisfaction of president subject to judicial review]Parliamentary approval - Within two months by both houses by simple majority (Dissolution of LS 30 days after first sitting mean time RS should approve) 

Duration - indefinite time after approval (Repeated approval not required), Revoked by president (not requires approval)  Effect(a) Executive authority of centre extends directing state to observe canons of financial propriety, direction by president adequate for this purpose (b) Direction to reduction in salary all or any class of person, Reservation of money bill & financial bills of state(c) President may issue direction to deduction of salary of all class of person serving union & judges of SC & HC

PresidentAuthor: Abhishek D

1. A.52 – A.78 part 5 deals with union executives (P + VP + PM + Council of minister + Atorney General)

2. President – Head of state, first citizen, symbol of unity integrity and solidarity

3. Election 

Electorol college – Elected member of both house + elected MLA of legislative assembly States, Delhi & Pondi (Nominated members excluded) Member of dissolved assembly ceased to qualified to vote

Uniformity in scale of representation of different states as well parity between state as whole

Vote of MLA = Total population of state / (Total number of elected member in state legislative assembly * 1000)

Vote of MP = Total value of votes of all MLA of all state / Total number of elected member of parliament

System of proportional representation by single transferable vote by secret ballot

All doubts and dispute decided by SC and its decision is final (Can not be challenged on ground that electoral college is incomplete)

If declared void, acts done by him before that remain in force

 

4. Qualification 

Citizen of India, 35 age, qualified to be member of Lok sabha, Should not hold office of profit under public authority (minister / governor not office of profit)

50 electors as proper and 50 as seconders. Deposit of 15k  [1/6 th vote condition] (1997 10 + 2.5)

5. Oath of president (Any other person acting as well) [Given by CIJ or seniormost judge] 

Faithful execution of office, defend constitution and law, devote to service and well being (No oath of secrecy)

6. Condition of office 

Should not be MP, deemed to vacant seat on date entering office, No office of profit, Rashtrpati Bhavan, Allowances determined by parliament (Not diminished during term of office)

Immunity – Legal liability of act, Criminal proceeding in office ()

7. Term of office

 5 years + new, Can resign addressing letter to VPImpeachment – For violation of constitution (Not defined), Can be initiated in either house, signed by 1/4 th member of house, 14 days notice, impeachment resolution should pass by majority 2/3 rd of total membership, Second house investigate charges, If second house passes charges by 2/3 rd majority removed from office same day

Note – Nominated member of parliament participate, MLA do not

Vacancy - election before expiration of term (if delayed P continues VP do not get chance), In case of death, resignation, removal or otherwise within 6 month (VP act as P, New P gets full term)

Note - VP can discharge function in absence or illness, In absence of VP CJI or seniormost judge of SC

8. Powers and functions 

Executive 

All executive action by his name Make rule specifying manner in which order made& executed by his name authenticatedMake rule of convenient transaction of union government, allocation of business among ministers Appoints PM & other minister (Pleasure)Appoint Attorney general & decide his remuneration (Pleasure)Appoints CAG, election commissioner, Chairman of UPSC, governor, chairman & member of FCCan seek info about administration of union from PM Can require PM to submit for consideration of council of ministerCan appoint commission to investigate SC/ST/OBC conditionAppoint inter state councilDirectly administer UT through administer Can declare schedule area and has power to administer schedule and tribal area

Legislative

Integral part of parliament Summon or prorogue parliament, summon joint sitting Address on first session after General election and first session of every yearSend message to house for pending bill Nominate member of RS & LSDecide on questions as on disqualification of MP in consultation with ECI Give assent, withhold assent or return bill Promulgate ordinance (must approved by parliament within 6 weeks of reassembly)He lays report of CAG, UPSC etc before parliament Regulation for peace and progress of A&N, DNH, DD, LD (In case of Pondi when assembly is suspended)

Financial 

Money bill with his prior recommendation No demand of grant can be made except on his recommendation Can make advances out off contingency fund of India (Held by finance secretory on behalf of him)

Constitute FC

Judicial 

Appoints CJ and judges of SC & HCCan seek advice (Not binding)Grant pardon, reprieve, respite and remission of punishment  convicted in (a) punishment by court martial (b) Offence against union law(c) Death sentence 

Diplomatic 

International agreement negotiated & concluded on behalf of president (Subject to approval of president). He represents India on international forum

Military 

Supreme commander of defence forces, appoint chiefs, declare war or conclude peace (Subject to approval of parliament)

9. Veto power 

Types   

AbsoluteQualified (Can be overridden by parliament with higher majority)  Suspensive (overridden with ordinary majority) Pocket (taking no action)

Absolute - Bill ends and does not become act (a) Private members bill (b) Government bill (New cabinet advice)Suspensive - returned bill not in case of money bill (but can withhold)Pocket - No time limit, Indian post office bill by Gyani Zail SingNo veto power for constitutional amendment (24 th amendment 1971)State legislature can not override veto of president  

10. Ordinance making power A.123

Only when either or both house not in session (Not parallel to power of legislation )Only when he satisfied circumstances exist (Cooper case 1970 satisfaction can be questioned in court on the ground of malafied) [38 th amendment president satisfaction kept out of judicial review but deleted by 44 th amendment]Only on those subject on which parliament can make law Can not abridge or take away fundamental right Max period 6 month & six weekIf both the houses pass the resolution to disapprove it then cease to operate Not discretionary power (Cabinet advice)Can't be issued to amend constitution Can alter tax law also and can be retrospective as well Ordinance making power not found in UK and USA Rule of parliament - while replacing ordinance reason of promulgation should also specifiedDC Wadhava case 1987 - Re promulgation with same text is violation of constitution  

11. Pardoning power 

Independent of judiciary Principles established by SC 

Petitioner has no right to an oral hearing by president can take different view from judiciary on advice of union cabinetNot bound to give reason No need for SC to lay down specific guidelines Not subject to judicial review (Except arbitrary, malafide and discriminatory & irrational)Once rejected stay can not be obtain by filing one another petition Governor and president have concurrent power in respect of suspension, remission and commutation of death sentence

12. Discretionary power 

42 nd amendment made advice of Cabinet headed by PM binding on president [44th amendment added clause of reconsideration but reconsidered advice is binding]Appointment of PM when no party is in majority or PM suddenly dies and there is no obvious successor Dismissal of council of minister when it failed to prove majority 

 

Vice presidentAuthor: Abhishek D

1. Second highest office (inline with USA) A.63 to A.712. Election 

Elected by both elected and nominated member of parliament, proportional representation, single transferable vote, secret ballot paper Election dispute - Decided by SC and decision is final & binding, (Other same as P)

3. Qualification 

Indian citizen, 35 age, Qualified for election of RS, no office of profit 20 Proposer + 20 seconders, 15k deposit in RBI 

4. Oath (Given by president or person appointed by him)

True faith and allegiance to constitution Faithful discharge of duties of office 

5. Condition of office 

not a member of parliament or state legislature (Deemed to vacant) No office of profit Term 5 years, resign addressing to president, Formal impeachment not required (Resolution of RS by effective majority + approved by LS with simple majority, 14 days notice, no ground mentioned in constitution), can hold office until successor takes charge 

6. Powers and functions

Ex officio chairperson of RS (power resemble to speaker of LS) Act as president when vacancy occurs (Max 6 month new should be elected, does not act as chairperson of RS)

7. Emoluments - Constitution has not fixed, regular salary as chairperson of RS (acting as president salary of president not chairperson)

Prime ministerAuthor: Abhishek D

1. Real executive, Head of the government2. Appointment 

A.75 by president, Leader of party in majority, When no party has clear majority then discretionary power (Usually leader of largest party) Delhi HC - Constitution does not require person must prove majority before appointment In 1997 SC held person who is not member of either house can be appointed as PM for 6 month 

3. Oath of office and secrecy (By president)

faith and allegiance to constitution uphold sovereignty and integrity faithful & conscience discharge of duties to do right to all manner of people in accordance with constitution and law without fear favor affection of ill will 

4. Tenure - During pleasure of president (If losses confidence in LS then president can dismiss)5. Salary and allowances - Determined by parliament time to time6. Power and function 

In relation to council of minister Recommend minister (binding) Allocates or reshuffle portfolio ask minister to resign or president to dismiss Presides meeting of council of minister Guides, directs & control activities of council of minister Council collapse if he resigns In relation with president Chanel of communication Advice regarding appointment of important officials In relation to parliament Advice president with regard to summons, proroguing of parliament can recommend dissolution announces government policies on floor of parliament Other power Chairperson of NITI ayog, NDC, National integration council, ISC, National water resource council Significant role in shaping foreign policy Chief spokeperson of the Union government Crisis managerleader of party in powerpolitical head of services [Executive power of Union is vested with President; Cabinet secretary is ex officio chairperson of civil service board ]

Council of Minister

Author: Abhishek D

1. Constitutional provisions 

A.74 - Council of minister headed by PM for aid and advice of president. Advice tendered shall not inquired in any court A.75 - Total number if ministers shall not exceed 15% of LS. (91 st amendment 2003), Collectively responsible to LS [6 month rule] A.88 - Every minister has right to speak and take part in proceeding of house, committee of parliament in which he may be named a member (not entitled to vote)Nature of advice - In 1971 SC held even after dissolution of LS, council of minister does not cease to hold office, A.74 is mandatory, therefore president can not exercise executive power without aid and advice of council of minister. In 1974 SC held wherever satisfaction of president is written in constitution it is satisfaction of council of minister

2. Oath of office and secrecy (By president)

faith and allegiance to constitution uphold sovereignty and integrity faithful & conscience discharge of duties to do right to all manner of people in accordance with constitution and law without fear favour affection of ill will SC held that Description of minister such as deputy minister, minister of state or deputy minister which is not mentioned in constitution does not vitiate oath taken by him 

3. Salary - Decided by parliament 4. Responsibility of ministers  

Collective - Swim and sink together, Cabinet decision bind on all minister No legal responsibility  (Unlike UK)

5. Composition of council of minister (Based on convention of parliamentary system)

Cabinet minister - Heads important ministry,Inserted in constitution in A.352 by 44th constitutional amendment Minister of state - Can be given independent charge, Deputy minister - Attached to cabinet/minister of state Parliamentary secretory - No department under control, attached to senior ministers and assist them

6. Role of cabinet 

Highest decision making authority Chief coordinator of central administration Deals with all legislative and financial matters Control over highest appointment Deals with foreign policy 

7. Kitchen cabinet - Most important ministers, Inner cabinet, Informal body can also include friends or family (Exist in USA and Britain)

Cabinet CommitteesAuthor: Abhishek D

1. Cabinet committee

Extra constitutional (Rules of business provide for their establishment) Standing permanent, Ad hoc temporary Set up by prime minister (3-8 member from council of minister) If PM is member he is chairperson Device to reduce workload of cabinet (division of labour and effective delegation)

 2. Committees (2016) 

Political affairs [Policy matters, super cabinet] Economic affairs (Price +WTO + UIDAI) Appointment [all higher level appointment] Security Parliamentary affairs [progress of government business in parliament, Home minister ] Accommodation Cabinet committee on management of natural calamities discontinued and handled by cabinet secretory whenever natural calamities occurs (National crisis management committee headed by cabinet secretary)

3. Group of ministers 

Ad hoc bodies Constituted to look into different issues Give recommendation to cabinet on emergent issues and critical problems Viable and effective instruments for coordination among ministries Second ARC observation about GOM Large no of GOM resulted many not being able to meet regularly leading to significant delay More selective use would lead to more effective coordination Selective and effective use of GOM with prescribed time limit would be helpfulIn 2014 abolished whenever ministry face difficulties cabinet secretariat and PMO will facilitate decision making process

ParliamentAuthor: Abhishek D

1. A.79-A,122 part 5 2. Organisation

President + Council of state (1954, Rajysabha) + House of the people (1954, Loksabha) [In USA president not a part] Interdependence of legislature and executive 

3. Composition of Rajysabha

Fixed at 250 (238 + 12), Present 245 (229 + 4 + 12), Fourth schedule deals with allocation of seats in RS to state and UT Representation of state - Elected by legislatve assemblies(Only elected members), proportional representation by single transferable vote, based on population Representation of UT - indirectly elected by electoral college specially constituted for this purpose, proportional representation by single transferable vote. Only Delhi & Pondi have Representation (Other 5 population is too small to have representation)

Nominated members - art, literature, science and social service (American senate has no nominated member)

4. Composition of Loksabha 

Fixed 552 (530 + 20 + 2), Present 545 (530 + 20 + 2) Representation of state - directly elected, Universal adult franchise (18 age by 61 st amendment 1988, original 21) Representation of UT - Parliament to prescribe manner (UT direct election to house act 1965) Nominated member - Anglo Indian, Originally till 1960 extended till 2020 by 95th amendment 2009

5. System of election to Loksabha

Territorial constituencies Uniformity of representation in between different states and between different constituencies Readjustment After every census readjustment in allocation of seats in state and division of state in constituencies 42 nd amendment and then 84 th amendment 2001 fixed population level to 1971 till 2026 87 th amendment empowers rationalization of constituencies in state on 2001 census figure Reservation of seats Abandoned communal representation but reservation for SC ST (Originally 1960) 95 th amendment of 2009 till 2020. No seprate elctorate, 87 th act refixing of reservation seats on basis of 2001 census 

6. Duration of RS - 1952 first constituted, 1/3 rd member retire every two years, Constitution does not fix term of member (RPA 1951, provided 6 years)

7. Duration of LS - Five years from date of first meeting 8. Membership of parliament 

Qualification citizen of India must make and subscribe oath before person prescribe by EC (Faith to constitution & integrity sovereignty) 30 years RS, 25 years LS RPA 1951 Registered as elector (Modi and MN sing case, Same for SC & ST) Disqualification (President decision final + EC advice and act accordingly) office of profit unsound mind undischarged insolvent Not a citizen RPA Corrupt practices in election Imprisonment for two years or more (Preventive detention not included) Failed to lodge account of election expenses holding office of profit in company with 25% + government share Dismissed from service for Corruption Dowry, Sati, Untouchability Defection under 10 th schedule [Decided by chairperson and speaker and not president (subject to judicial review)] [52 nd amendment of 1985] Give up membership of party (Exemption to speaker) contrary vote to whip or abstain from voting  independent member joins party

Nominated member joins part after 6 month President decide with help of ECI Vacating seats Double membership Elected to both house 10 days to choose, else RS seat become vacant If sitting member then seat of first house Two seats in a house exercise his option for one, else both seats Resign seat of state legislature in 14 days, else parliament seat Resignation - To speaker / chairperson may not accept if not found voluntary Absence - To all meeting 60 days without permission (Not counted days in which house adjourned for more than 4 days) Other Election declared void (No procedure in parliament, RPA enables high court to declare election void if disqualified candidate gets elected) Expelled Oath (President or person appointed by him) Faith towards constitution sovereignty and integrity Faithful discharge of duty Salaries and allowances (No provision of pension in constitution but provide since 1976) Charged on consolidated fund of India and not subject to annual vote,  2018 budget automatic revision of salaries every 5 year indexed to inflation 

9. Presiding officers of parliament 

SpeakerDo not subscribe to any separate oath  Election - after first meeting, date fixed by president Tenure - During LS, Vacant seat if (ceases membership, resigns writing to Deputy speaker, resolution by effective majority [14 days + 50 member support]), After dissolution continues till newly elected Role - Head of LS, guardian of power and privileges of Members and house, pprinipal spokesperson Power (Head of LS) final decision in parliamentary mattersderives power from COI, Rules, conduct of business and parliamentary conventions regulate proceeding final interpreter of provisions of COI, rules and business of conduct in house Adjourns or suspend house (1/10 th quorum) Does not vote in first instance but in case of tie Preside joint sitting Allow secret sitting (No stranger without permission of speaker) Decides money bill (Final) Decides question of qualification on 10 th schedule Ex offico chairperson of Indian parliamentary group and conference of presiding officers of legislative bodies Appoint chairperson of all parliamentary committees and supervise Chairperson of business advisory, rule and general purpose committee

Independence Salary charged on Consolidated fund, conduct can not be discussed or criticized in LS, Power of regultion not subject to jurisdiction of any court, Can not vote in first instance, 7 th rank along with CJI Deputy speakerWork when seat of speaker is vacant or speaker is absent Election - Among members, date by speaker Tenure - During LS, Vacant seat if (ceases membership, resigns writing to Speaker, resolution by effective majority [14 days]) Not subordinate to speaker directly responsible to house Special privilege whenever appointed to parliamentary committee automatically become chairperson Salary - charged on Consolidated fund Note - From 11 loksabha consensus speaker from ruling party deputy speaker from opposition Note Institution of speaker and deputy speaker originate in 1921 by GOI act 1919 [Sachinanad Sinha Deputy president, president and deputy president; before 1921 GGI presides] 1935 present nomenclature [Old continued as federal part not implemented] Vithabhai J patel first elected president (1925)GV Malvankar and Ananthasaynam Ayyangar first elected speaker and deputy speaker (1947) Panel of chairperson of LS Rules of LS, speaker nominates, not more than 10, Can not preside when Speaker or Deputy speaker vacant (then President appoints temporary) Speaker pro tem - Speaker vacates office just before first sitting(Constitution) , President appoint member as speaker pro tem (Administer oath to Members enables house to elect speaker) Chairperson of RS VP ex officio, can only be removed when removed as VP, power same as speaker, casting vote, Salary charged on Consolidated fund Deputy chairperson of RS Elected by RS among its member, (ceases membership, resigns writing to chairperson, resolution by effective majority [14 days]). Deputy chairperson not subordinate to chairperson but directly responsible to house, salary charged to consolidated fund Panel of vice chairperson Rules of RS chairperson nominates, Can not preside when chairperson or Deputy chairperson vacant (then President appoints temporary)

10. Secretariat of parliament Each house separate staff, recruitment and service regulated by parliament, headed by secretary general (permanent officer appointed by presiding officer of the house) 

11. Leaders 

Leader of the house AS per LS rule PM if he is member of LS, else minister who is member of LS and nominated by PM Leader of RS member minister nominated by PM Leader can nominate deputy leader

Leader of opposition 1/10 th seat of total strength (1969 first time INC[o]). Leader of opposition of LS and RS given statutory position in 1977 (Parliament statute) (Salary equivalent to cabinet minister) WHIP neither in constitution nor in rule and parliamentary statute, based on convention Responsible ensuring attendance and securing support, regulate and monitor behavior

12. Session in parliament 

Summoning (Presidnet time to time summons) The budget The monsoon The winter Period between prorogation and reassembly is called as recess Adjournment - suspend work for terminated time Adjournment sine die - indefinite period without specifying time, presiding officer, can also call sitting before rime Prorogation - After adjournment sine die, when business of session is completed president issue notification of prorogation (Can also prorogue within session). Does not affect bills (but Pending notice lapse except for introducing bill) Dissolution - Auto dissolution, president can dissolves before 5 years, irrevocable (All businesses lapse) Some pending bills and all pending assurance to be examined by committee on government assurance do not lapse

Position with respect to lapsing bill Bill pending in LS lapse Bill pass by LS but pending in RS lapse Bill not passed by two house due to disagreement and if president has notified joint sitting, does not lapse Bill pending in RS but not passed by LS does not lapsed Bill pass by both the house does not lapse (even if returned or yet to give assent)

13. Quorum - 1/10 th of total (Including presiding officer) 14. Language - Constitution Hindi and English (1965, but Official language act 1963 allowed English to

continue) for transacting business. Presiding officer can permit member to address in mother tongue 15. Rights of ministers and Attorney General  - Right to speak and take part in proceedings (without vote)16. Lame duck session - last session after new LS elected 17. Devices of parliamentary proceedings 

Question hours (First hour of every sitting) Starred - oral answer hence supplementary question follows, green Unstarred - Written answer no supplementary, white Short notice - asked by giving notice less than 10 fays, oral, light pink (Can also be asked to private member if subject matters relates to bill or business for which member is responsible, Yellow) Zero hour (not mentioned in rule)

After question hour and last until agenda of day, Informal device to raise matter without notice, Indian innovation Motions  No discussion on matter of public importance except motion made on permission of presiding officer. House express decision through adoption or rejection of motion. Substantive - self contained dealing with matters like impeachment Substitute - Substitution of original Subsidiary - Can not state decision of house without reference to original motion (a) Ancillary - used as regular way (b) Superseding - Seek to supersede issue (c) Amendment - seek to modify original motion Closure motion - to cut short debate, if approved put on vote (a) Simple - sufficiently discussed be now put on vote (b) Closure by compartment - lengthy bill group into part and entire part put to vote (c) Kangaroo - only important clauses, intervening clause skipped and taken as passed (d) Guillotine - undiscussed clause put to vote along with discussed Privilege Motion - breach of parliamentary privileges (Wrong or distorted facts) Calling attention - To call attention of minister to seek authorized answer from him/her. Indian innovation, mentioned in rule Adjournment motion - to draw attention of house in matter of public importance, 50 member support to admit, interrupt normal business, RS not permitted to use, discussion more than 2.5 hours, should not revive discussion on matters already discussed in same session,  not more than one matter , restricted to specific matter, not raise question of privilege No confidence - support of 50 members, should not state reason, only in LS Censure - should state reason, can be against individual minister, need not resign Motion of thanks - president outlines program and policies, discussed in both the house, put to vote if not passed taken as defeat of government No day yet named - admitted by speaker but no date fixed for discussion Point of order - when proceeding do not follow normal rule of procedure, usually raised by leader of opposition, suspend proceeding, no debate allowed on point of order Half an hour discussion - discussing matter of public importance subject to lot of debate, speaker can allot three days a week for such discussion, no formal motion or voting before house Short duration discussion - Two hour discussion,Speaker can allot two days a week, neither formal motion nor voting before house Special mention - RS, equivalent to procedural device of LS known as notice (Rule 377)

Resolution - draw attention of house, discussion should strictly within scope of resolution, member who has moved resolution can not withdraw except by leave of the house All resolution under category of substantive motion, all resolution requires to be voted upon Private - alternate Friday in afternoon sitting Government - Any day from Monday to Thursday Statutory - in pursuance of provision of constitution or act (Both private and government)

18. Legislative procedure in parliament 

Private bill - one month noticeGovernment bill - 7 days notice First reading - Member who wants to introduce ask for leave of the house (should granted), introduce it by reading title and objectives, no discussion, bill published in gazette of India, If introduced earlier then no need of leave of house (Rule 64)Second reading(a) General discussion - Printed copies distributed to all, provisions discussed but not detail, May take bill in consideration or refer to select committee or refer to joint committee or circulate bill for public opinion (b) Committee - select committee (member of house where bil originated) examines in detail, can amend without changing principle  (c) Consideration - Consider provisions clause by clause , clause discussed and voted separately, members can move amendment Third reading - debate confined to acceptance or rejection as whole, no amendments allowed, if passed authenticated by presiding officer, transmitted to second house In second house (a) may pass as sent (b) May pass with amendments and send to first house for reconsideration (Joint sitting if recommendation not accepted)(c) may reject or keep pending (six month waiting for joint sitting)

 19. Youth parliament - On recommendation of all India WHIP conference 20. Money bill A.110 - tax, regulation of borrowing of money, custody of contingency and consolidated

fund and related bill, Any matter incidental to any matter above (related to expenditure or receipt), Government bill, only in LS, introduce by recommendation of president, requires clarification of speaker, when transmitted to RS; RS 14 days max can retain, Cant be rejected by RS (can make recommendation), can not be returned by president  [Penalty, service charge or regulation of tax by any local authority not deemed to be money bill]

21.  Financial bill 

Deals with fiscal matter [Money A.110, Financial(I) A.117(1), Financial(II) A.117(3)]Financial (I)Not only matters of A.110 but general matters, introduced only in LS, recommendation of president, Procedure like ordinary bill, joint sitting, president can return Financial (II)Involving expenditure from consolidated fund, ordinary bill, Can introduced in either house on recommendation of president, joint sitting, president can return 

22.  Joint sitting 

Speaker -> D Speaker -> D chairperson -> any other member Governed by rules of LS New amendment can not be proposed except those which became necessary due to delay and those associated with disagreement

23. Budget in parliament 

A.112 Annual financial statement (Constitution)Acworth committee - 1921 separated railway budget. President shall in respect of every financial year laid before both house statement of estimated receipts and expenditures. No demand except with recommendation of president.No money from consolidated fund except appropriation made by lawNo tax levied and collected except by authority of lawParliament reduce/abolish tax but can not increase RS has no power to vote on demand for grant Budget shall distinguish revenue account from capital Expenditure charged on CFI not subject to vote Stages in the enactment Presentation - Finance minister presents, budget speech can be discussed by RS but can not be vote (a) General discussion - in both house (no cut motion moved)(b) Scrutiny by departmental committee - 24 committee examine and discuss in detail grants (1993)(c) Voting on demand of grant - Only LS, total 26 days allotted, Guilotine Cut motion

Policy cut - disapproval of policy, reduced to INR 1Economy cut - amount of demand to be reduce to specific amount Toke cut - amount of demand reduce by rs 100 (Should be related to one demand only)

(d) Passing of appropriation bill - for appropriation out off CFI, government can not withdraw money till it is passed,Passing vote on account - Passed after general discussion on budget, granted for 2 months (1/6 th of estimation)(e)  Finance act legalise income side of budget and complete enactment of budget Other grants (By same procedure as budget)Supplementary grant - Granted when amount authorised by parliament found inefficient Additional grant - Additional expenditure on some new services not contemplated in budget Excess grant - When money has been spent on services in excess, before submitting to LS must be approved by Public account committee (After financial year)Vote of credit -  granted for meeting unexpected demand, blank chequeExceptional grant - Granted for special purpose and forms no part of current service Token grant - Funds to meet proposed expenditure can be made available by re appropriation , transfer of payment from one head to another 

24. Funds 

Consolidated fund of India A.266All receipt credited and all payments debited Public account of India A.266All public money received by or on behalf of GOI, PF, Saving bank deposit, judicial deposit, remittances (Executive action)Contingency fund of India A.267Authorized parliament to establish contingency fund, into which amount determined by law paid from time to time. Place at disposal of  president. He can make advances out of it to meet unforeseen expenditure. Held by Finance secretory on behalf of president  (Executive action)  

Note : Constitution provides for establishment of consolidated fund, public account and contingency fund for each state 

25. Delegated legislation/ Executive legislation/ subordinate legislation -  Parliament makes law in skeleton form executive make rules within framework

26. Rule of lapse - If money granted not spent returns to CFI 27. Position of RS 

RS unequal with LS Money bill Financial bill (I) can be introduced only in LSJoint sitting (Speaker)Vote of grants Resolution of discontinuation of emergency No confidence motion Special power of RS Removal of VP resolution should be passed in RS and then by simple majority in LS All India service State list law 

28. Parliamentary privileges 

Extends to attorney general, not extends to president Collective Right to publish report or to prohibit publishing 44 th amendment restores freedom of press, true report can be published without permission [Not in secret sitting]Secret sitting Own rules to regulate procedure Punish member as well outsider for breach of privileges (Imprisonment as well also suspension or expulsion in case of member)Can inquires and order attendance of witness and relevant record Court prohibited enquiring proceedings No person (member or outsider) can be arrested or no legal proceeding (civil + criminal) within precints of  the house without permission of presiding officer Individual  Can not arrested 40 days before and after session (Only civil cases, not in preventive detention)Freedom of speech (Restriction : conduct of judges and parliamentary language)Can refuse to give evidences when parliament in session  Sources of privileges A. 105 Freedom of speech and right to publish its proceedings With regard to other privileges it is provided that same as to be house of commons of British parliament (44 amendment, verbal changes dropped house of commons but position remained same) Note : Breach of privileges may be contempt of house as well contempt of house may be breach of privileges

29. Factors limiting sovereignty of parliament 

Written constitution Federal system Judicial review Fundamental rights 

 

Parliamentary committeesAuthor: Abhishek D

1. Constitution mentions at different places (composition, tenure etc decided by rule of house)2. Railway convention committee first after independence 19493. Parliamentary committee criteria 

appointed or elected or nominated by house or speaker or chairpersonworks under direction of speaker/chairperson present report to house or speaker or chairpersonHas secretariat provided Standing - permanent Adhoc - temporary (Inquire and advisory) [Select committee and joint committee]

4. Financial Standing committees 

Public account 1921, GOI act 1919, 22 elected member by proportional representation  (15 + 7), 1 year, minister can not be elected, convention chairperson from opposition (and from Loksabha only) , examine CAG report (appropriation account [compare actual expenditure and sanctioned expenditure), finance account (annual receipt and disbursement of union government) and public undertakings], CAG act as MITAWA, post mortem analysis, recommendation not binding Estimate committee1950, 30 elected members from LS, proportional representation, 1 year, no minister, chairperson from ruling party, examine estimate and suggest economies in public expenditure, continuous economy committee , examine estimates after voted, not bindingPublic undertakings 1964, recommendation of Krishna Menon committee, original 14 now 22 (15 + 7) members elected, not minister, 1 year, Chairperson from LS only, post mortem, not binding 

5. Departmental standing committees 

24 committees, to secure more accountability of executive, 31 members (21 + 10), nominated by speaker or chairperson, not minister, 1 year, 8 under RS 16 under LS, not binding on parliament, authorized to invite expert

6. Committees on inquire 

Petitions entertains representation from individual or association, LS committee 15, RS committee 10Privileges Semi judicial, LS committee 15, RS committee 10Ethics Enforce code of conduct, examine cases of misconduct, speaker is not chairperson  

7. Committees on scrutinise and control 

Government assurance Examines assurances given by the ministers on floor, 15, RS committee 10Subordinate legislation Examines power given to executive are properly exercised, both house 16 members Paper laid on table 

Examine all paper laid on table by minister, LS committee 15, RS committee 10Committee on welfare of SC/ST  30 members (20 + 10)Committee on welfare of women 30 members (20 + 10)Joint committee on office of profit Examine committee and bodies and recommends weather person holding this office should be disqualified from being mp, 15 members (10 + 5 )

8. Committees related to day to day business 

Business advisory LS (15 including speaker), RS (11 including chairperson), regulate programme and time tablePrivate member bill and resolution Classifies bills and allocate time for discussion, special committee of LS, 15 (including D Speaker) [In RS same function by business advisory]Rules LS 15 including speaker, RS 16 including chairperson Absence of memberSpecial committee of LS, 15 members [RS deals by house itself]

9. House keeping or service committee

General purpose committee Advise matter concerning affairs of house, Presiding officer + deputy speaker/chairperson + member of panel of chairperson/ vice chairperson, chairperson of all standing committee leader of parties and members nominated by presiding officers   House committee Deals with residential accommodation and other amenities like food, medical aid etc, both house have Library committee - 9 members (6 + 3)Joint committee on salaries and allowances of member - 15 (10 + 5)

10. Consultative committee 

Attached to various ministry and departments, members from both the houses, minister/minister of state as chairperson, constituted by ministry parliamentary affairs, voluntary membership, min 10 max 30, Form after new LS elected dissolve after LS dissolveNote :  Informal consultative committee are to be arranged in session period only (Railway zonal) 

Parliamentary groupAuthor: Abhishek D

1. Indian parliamentarian group 

Autonomous body, 1949 by motion adopted by constituent assembly (Legislative)open to all mp, former member can be associate members (not entitled to representation at meetings and conferences of IPU and CPA and travel concession),Speaker ex offcio president

D speaker, D chairperson vice president Secretory general of LS act as secretory Objectives  promote personal contactsstudy question of public importance arrange visit to foreign countries to develop contacts with MP of that nation  

2. IPU 

International organisation of parliamentarians of sovereign nations, 153 parliaments  

3. CPA 

Association of commonwealth parliamentariansThe parliamentarian quarterly, First reading after every 2 months published by CPA

Parliamentary ForumAuthor: Abhishek D

1. First forum on water conservation and management (2005), total 8 till now [Somanth Chatarjee]2. on disaster management (2011) 3. Objectives - platform for interaction, sensitise member, enabling MP to raise issue effectively , prepare

database and circulation to members4. Composition 

Speaker of LS ex officio president of all forum (Exception : population and public health Chairperson of RS & speaker co president) Deputy chairperson of RS + Deputy speaker LS + concerned minister + chairperson of related standing committee  ex officio vice president   Not more than 31 members (Excluding ex officio) (21 + 10)Nominated by speaker and chairperson Duration co terminus with their membershipSecretory general of LS as secretory 

1.

Supreme CourtAuthor: Abhishek D

1. Integrated judiciary (Single system of court adopted by GOI act 1935)2.  A.124 to A.147 Part 5 of the constitution 3. Organisation - 31 judges (1 + 30) to increase number amendment require 4. Judges

Appointment - Chief justice appointed by president after consultation with judges of SC & HC, For other judges consultation with CJI and other judgesFirst judge case 1982 - consultation does not means concurrence Second judge case 1993 - Consultation means concurrence, CJI tender advice after consultation with two senior most judges 

Third judge case 1998 -  CJI should consult collegium of 4 senior most judges of SC if two judges gives adverse opinion he should not send recommendation (Name suggested by CJI without consultation not binding on government)Appointment of CJI - Second judge case 1993 senior most judge should be appointed as CJIQualification - Citizen of India, judge of HC for five years, advocate of HC for ten years, He should be distinguished jurist in the opinion of president (No min age)Oath or affirmation Faith and allegiance to constitution uphold sovereignty & integrity perform duty without fear & favour uphold constitution & law  Tenure - 65 age (Can resign writing to president)Removal Impeachment motion does not lapse on dissolution,proved misbehavior or incapacity Judges enquiry act 1968Motion signed by 100 (In case of LS) or 50 (RS) & given to speaker Speaker may admit or refuse If admitted speaker/chairperson constitute three member committee to investigateCommittee (CJI or judge of SC + chief justice of HC + distinguished jurist)If found guilty house can take up motion After resolution passed by each house with special majority, address presented to presidentPresident passes order of removal  [if address by parliament is presented to him in same session for such removal]Salaries and allowances - Determined by parliament, fall on CFI, can not be varied to disadvantage in tenure after appointment 

 5. Acting Chief Justice 

President can appoint when Office of CJI vacant, temporarily absent, unable to perform duties

6. Ad hoc judges 

When lack of quorum to continue session CJI can appoint judge of HC as adhoc judge (Only after consultation with concern CJ of HC) & consent of president, All power of judge of SC 

7. Retired judges 

CJI can request retired judge of SC and HC to act as judge temporarily, previous consent of president and that person, Allowances determined by president, All power of judge  

8. Seat of SC 

Constitution declares Delhi & authorized CJI to appoint other places as seat (approval of president) 

9. Procedure of court 

With approval of president makes rule, Constitutional benches or references made by A.143 decided by five judge bench, other cases not less than three, majority vote in differing dissenting judgement given 

10. Independence 

Guardian of constitution, Mode of appointment, Security of tenure, fixed service condition, expenses charged on CFI, conduct of judges can not be discussed, freedom to appoint staff, jurisdiction can not be curtailed separation from executive, ban on practice after retirement, power to punish contempt 

11. Jurisdiction and power of SC 

Original jurisdiction Exclusive (Dispute must involve question of law, political nature excluded)Center and StateState - State Exceptions dispute of pre constitution treatyTreaty in which jurisdiction does not exist Inter state water dispute Matters refereed to FCAdjustment of expenses or pension between state and centerOrdinary dispute of commercial nature between center and state Recovery of damage by state by center  Dispute between GOI and UT not fall under original jurisdiction of SC Writ jurisdiction Enforcement of fundamental rights (Original) Appellate jurisdiction Highest court of appeal(a) Constitutional matter - Against HC, If HC clarifies that case involves substantial question of law and requires interpretation of constitution (b) Civil matter - If HC certifies involves substantial question of law of general importance or question needs to be decided by SC (originally limit of 20k but removed by 30th constitutional amendment act of 1972)(c) Criminal cases - reverse order of acquittal and sentenced death, taken before itself and death sentence, certifies case is fit to appeal in SC, reversed acquittal or taken before and imprisonment of life or 10 years [not in case of acquittal](d) Extends to all civil and criminal cases in which federal court of India had jurisdiction and not covered above (e) Appeal by special leave - Grant special leave to appeal from any judgement in matter passed by any court or tribunal (Except military), Discretionary power Advisory jurisdiction President can seek opinion, not binding (a) Any question of law of public importance (may refuse)(b) Any dispute arising out of pre constitution treaty (must give)A court of record Judgement proceedings and act of SC can not be questioned. They act as legal referencePunish for contempt of court civil + criminal (Fair and reasonable criticism and comment on admin side allowed)  Power of judicial review examine constitutionality of executive & legislative power of both centre and stateOther powers Dispute of election of President and VP (original and exclusive)Enquire conduct and behavior of chairperson of UPSC, if found guilty can recommend to president to remove (binding)Review its own judgement 

Withdraw case pending before HC and take before it or transfer to other HC All authorities should act in aid of SC A.142 Enforcement of order 

12. Supreme court advocate 

Senior advocates - Designated by SC or HC, Can designate with his consent, Senior advocate not entitled to appear without advocate on record in SC or without any junior in any other court, Not entitled to accept instruction to draw pleadings or affidavits Advocate on record - Only those who can file matter in SCOther advocate -  Entered on roll of any state bar council, they can argue and appear for party in SC but not entitled to file matter before the court

Judicial reviewAuthor: Abhishek D

1. Originated and developed in USA 2. Importance - uphold principle of supremacy of constitution, maintain federal equilibrium, protect

fundamental right of citizen 3. Its a part of constitutional interpenetration itself 4. Term no where used in constitution but explicitly confer power 5. Procedure established by law in case of India, Due process of law USA6. IR Cohelo case 2007, there could not be blanket immunity from judicial review to laws included in 9th

schedule (A.31B) (Placed after 24 April 1973 open to judicial review)7. Judicial activism 

Originated in USA VR krishna Iyer, PN Bhagwati, O Chinnapa Redd, DA Desai laid foundation assertive role played by judiciary PIL is outcome of judicial activism SC in 2007 says - judges must know their limit and not try to run government, Judicial activism must not become judicial adventurism, Must realise administrative authority have expertise in administration, allegation that administration and legislature not doing their job properly can be applied to Judiciary too (Pending cases), If legislature not functioning people will change them in election, should not violate delicate balance of power

8. PIL

Developed in USA Also know as social action litigation, social interest litigation, class action litigation Any member of public having sufficient interest can approach court for enforcing right of other person and redressal of common grievances  Effective access to judiciary Guidelines Bonded labour matters, neglected children, violation of labour laws, petition from jail complaining harassment /speedy trail/ death in jail, harassment by police, atrocities on woman, harassment of villager belonging to SC ST and EBC, environmental pollution, riot victims, family pension   [Admission to medical and other education institute are not included as PIL]HC should not entertain a writ petition by way of PIL questioning constitutionality of statute 

 Guidelines admitting PIL Should verify credential of petitioner before admitting PIL Court should fully satisfied that substantial public interest involved Court should ensure that there is no personal gain/motive Court should ensure that petition filed by extraneous bodies must be discouraged by imposing exemplary cost 

GovernorAuthor: Abhishek D

1. Part 6, A.153 to A.167 (Not applicable to J&K)2. State executives - Governor + CM + Council of minister + Advocate general 3. Agent of central government 4. 7th constitutional amendment of 1956 - appointment of same person as governor of two state5. Appointment  [Canadian model]

Appointed by president warrant under his hand and seal SC held governor is not employment under state. It is an independent constitutional officeDraft constitution provided for direct electionCitizen of India, 35 ageConvention - outside state and CM consultation 

6. Condition of governor's office 

Should not be member of either house of parliament or state legislature Should not hold office of profit Entitled to use Raj Bhavan, entitled to get payment determined by parliamentWhen same person in two state allowances shared by two state in proportion decided by the president, cannot be diminished during office Immunity – Legal liability of act, Criminal proceeding in office (2 month notice in civil cases)Oath - Faithful execution of office, defend constitution and law, devote to service and well being (By CJ of HC)

7. Term of office of governor 

Five years subject to pleasure of president (not justifiable), can hold office until successor assumes charge, can be transferred [Can resign addressing letter to president]President can make provisions as he thinks fir for any contingency not provided in constitution eg. HC judge appointed as Governor after death of governor  

8. Power and function 

Executive 

All executive action by his name Make rule specifying manner in which order made& executed by his name authenticatedMake rule of convenient transaction of state government, allocation of business among ministers Appoints CM & other minister (Pleasure) [Should be tribal welfare minister in state of CG, Jharkhand, MP and Odisha]Appoint Advocate general of state & his remuneration (Pleasure)Appoints state election commissioner (can be removed only in like manner and ground of judges of HC), Chairman of SPSC (removed by president)

Can seek info about administration of state from CM Can require CM to submit for consideration of council of ministerCan recommend imposition of president rule Act as Chancellor of universities and appoints vice chancellor

Legislative 

Integral part of state legislatureSummon or prorogue state legislatureAddress on first session after General election and first session of every yearSend message to house for pending bill Appoint any member of state legislative assembly/council to preside over its proceeding when both speaker/chairperson and D speaker/chairperson post are vacantNominate 1/6 th member of legislative council Decide on questions as on disqualification of MP in consultation with ECGive assent, withhold assent or return bill, reserve bill (In case endangered position of state HC it is obligatory) for consideration of president (if returned then president assent only no role of governor, money bill can not be returned) [He can not make ordinance without instruction of president on same matter (property important)]Promulgate ordinance (must approved by state legislature within 6 weeks of reassembly) [coextensive with state legislature]He lays report of CAG, SPSC etc before state legislature 

Financial power 

Money bill with his prior recommendation No demand of grant can be made except on his recommendation Can make advances out off contingency fund of StateConstitute state FC

Judicial 

Grant pardon, reprieve, respite and remission of punishment  convicted in Offence against state law [Cant pardon in case of death sentence but can commute, remit or suspend]Consulted by president before appointing judges of HC Makes appointment, promotion and posting of district judge in consultation with state HCAppoints person to judicial service of state after consultation with HC and SPSC 

9. Constitutional position of governor 

A.163 Constitution envisage the possibility of governor acting at times in his discretion After 42 nd amendment ministerial advice binding on president no such provision for governor Constitution makes it clear that if any question arise weather a matter falls within governors discretion or not, the decision of governor is final Discretionary power Reservation of bill for president Recommendation of president rule exercising his function as admin of UT Determining amount payable by government of Assam, Meghalay, Tripura and Mizoram to an autonomous tribal district council as royalty accruing from licenses for mineral exploration (Sixth schedule)Seeking information from CM regarding admin and legislative matters of state 

Chief MinisterAuthor: Abhishek D

1. Real executive, Head of the government2. Appointment 

A.164 by governor, Leader of party in majority, When no party has clear majority then discretionary power (Usually leader of largest party)Constitution does not require person must prove majority before appointment Person who is not member of state legislature can be appointed as CM for 6 month 

3. Oath of office and secrecy (By governor)

faith and allegiance to constitution  uphold sovereignty and integrity  faithful & conscience discharge of duties  to do right to all manner of people in accordance with constitution and law without fear favor affection of ill will 

4. Tenure - During pleasure of governor (If losses confidence in lower house then governor can dismiss)5. Salary and allowances - Determined by state legislature time to time6. Power and function 

In relation to council of minister  Recommend minister (binding) Allocates or reshuffle portfolio  ask minister to resign or governor to dismiss  Presides meeting of council of minister  Guides, directs & control activities of council of minister  Council collapse if he resigns  In relation with governor Chanel of communication  Advice regarding appointment of important officials  In relation to state legislature Advice governor with regard to summons, proroguing of state legislature can recommend dissolution  announces government policies on floor of state legislature Other power  Chairperson of state planning board Vice chairperson of zonal council by rotation Member of ISC and NDC (headed by PM)Chief spoke person of state government Political head of services 

State council of ministerAuthor: Abhishek D

1. Constitutional provisions 

A.163 - Council of minister headed by CM for aid and advice of governor. Advice tendered shall not inquired in any court  (Except discretion) A.164 - Total number of ministers shall not exceed 15% of assembly. (91 st amendment 2003), Collectively responsible to state legislative assembly (but shall not be less than 12) A.199 - Every minister has right to speak and take part in proceeding of state legislature, committee of state legislature in which he may be named a member (not entitled to vote)Nature of advice - In 1971 SC held even after dissolution of state assembly, council of minister does not cease to hold office, A.163 is mandatory, therefore governor can not exercise executive power without aid and advice of council of minister. In 1974 SC held wherever satisfaction of governor is written in constitution it is satisfaction of council of minister

2. Oath of office and secrecy (By governor)

faith and allegiance to constitution  uphold sovereignty and integrity  faithful & conscience discharge of duties  to do right to all manner of people in accordance with constitution and law without fear favour affection of ill will 

3. Salary - Decided by state legislature4. Responsibility of ministers  

Collective - Swim and sink together, Cabinet decision bind on all minister No legal responsibility 

5. Composition of council of minister (Based on convention of parliamentary system)

Cabinet minister - Heads important department (ministry term used only in center, in state it is called as department) Minister of state - Can be given independent charge Deputy minister - Attached to cabinet/minister of state

6. Role of cabinet 

Highest decision making authority  Chief coordinator of state administration  Deals with all legislative and financial matters  Control over highest appointment 

State LegislatureAuthor: Abhishek D

1. A.168-A.212 part 62. At present seven states have two houses (AP, Telangana, Maharashtra, UP, Bihar, J&K, Karnataka) [No

notification yet for MP hence unicameral] [Punjab, TN and West Bengal earlier had]3. Organisation

Governor + State council + State assembly Interdependence of legislature and executiveResolution for state council must be passed by State assembly with special majority [Majority of total membership of house and 2/3rd member present and voting] [Then amendment by simple majority]

4. Composition of Assembly

Strength - Max 500 minimum 60  (For AP, Sikkim and Goa min 30, Mizoram 40, Nagaland 46)Note : Not less than 60 members chosen by direct election Note - Some member of Sikkim and Nagaland elected indirectly.  Nominate - Governor can nominate one member from Anglo Indian community Territorial constituencies - Uniformity of representation (On the basis of last preceding census)Readjustment After every census readjustment in allocation of seats and division of state in constituencies  42 nd amendment and then 84 th amendment 2001 fixed population level to 1971 till 2026 87 th amendment empowers rationalization of constituencies on 2001 census figure (Without changing number of seats) Reservation of seats Abandoned communal representation but reservation for SC ST (Originally 1960) 95 th amendment 2009 till 2020. No separate electorate 87 th act re fixing reservation seats on basis of 2001 census 

5. Composition of Council

Max strength 1/3 rd of state assembly and minimum 40 [Actual strength decided by parliament]1/3 rd elected by local bodies 1/3 elected by state legislative assembly 1/12 elected by graduates 1/12 elected by teachers remained 1/6 nominated by governor [Can not be challenged in court] Note : 7 states has legislative council [AP, UP, Bihar, MH, Karnataka, Telangana, J&K]

6. Duration of Council - 1/3 rd member retire every two years, Constitution does not fix term of member

(RPA provided 6 years)7. Duration of assembly - Five years from date of first meeting 8. Membership of State legislature

Qualification  Citizen of India  must make and subscribe oath before person prescribe by EC (Faith to constitution & integrity soverignity) 30 years council, 25 years assembly RPA 1951 Registered as elector in concern state [and to be qualify as nominated member must be resident in concerned state] Disqualification (Governor decision final + EC advice and act accordingly) office of profit unsound mind undischarged insolvent  Not a citizen  RPA  Corrupt practices in election  Imprisonment for two years or more (Preventive detention not included) Failed to lodge account of election expenses  holding office of profit in company with 25% + government share 

Dismissed from service for Corruption  Dowry, Sati, Untouchability  Defection 10 th schedule [Decided by chairperson and speaker (Judicial review)] give up membership of party  contrary vote to whip independent member joins party  Nominated member joins party after 6 month  Governor decides with help of ECI  Vacating seats  Double membership  Elected to both house, seat in one house become vacant as per law made by state legislature Resignation - To speaker / chairperson may not accept if not found voluntary Absence - To all meeting 60 days without permission  Other  Election declared void (No procedure in parliament, RPA 1951 enables high court to declare election void if disqualified candidate gets elected) Expelled  Oath (governor or person appointed by him) Faith towards constitution  sovereignty and integrity  Faithful discharge of duty  Salaries and allowances - Allowances decided by state legislature 

9. Presiding officers of State legislature 

Speaker  Election - after first meeting Tenure - During assembly, Vacant seat if (ceases membership, resigns writing to Deputy speaker, resolution by effective majority [14 days]) Power  final interpreter of provisions of COI, rules and business of conduct in assembly Adjourns or suspend house (1/10 th quorum) Does not vote in first instance but in case of tie  Allow secret sitting (No stranger without permission of speaker) Decides money bill (Final) Decides question of qualification on 10 th schedule  Appoint chairperson of all Committees of assembly and supervise  Chairperson of business advisory, rule and general purpose committee  Deputy speaker  Election - Among members, date by speaker,  Tenure - During assembly, Vacant seat if (ceases membership, resigns writing to Speaker, resolution by effective majority [14 days]) Panel of chairperson of assembly speaker nominates Chairperson of Council

Elected by council, resign writing to deputy chairperson, resolution by effective majority [14 days]) Deputy chairperson of council Elected by council among its member, (ceases membership, resigns writing to chairperson, resolution by effective majority [14 days]).  Panel of vice chairperson  Chairperson nominates

10. Session in state legislature

Summoning (Governor time to time summons) Adjournment - suspend work for terminated time  Adjournment sine die - indefinite period without specifying time, presiding officer, can also call sitting before rime  Prorogation - After adjournment sine die, when business of session is completed governor issue notification of prorogation (Can also prorogue within session).  Dissolution - Auto dissolution, governor can dissolves before 5 years, irrevocable (All businesses lapse) Some pending bills and all pending assurance to be examined by committee on government assurance do not lapse

Position with respect to lapsing bill Bill pending in assembly lapse  Bill pass by assembly but pending in council lapse  Bill pass by both the house does not lapse (even if returned or yet to give assent)

11. Quorum - 10 member or 1/10 th of total whichever is greater (Including presiding officer) 12. Language - Constitution official language of state, Hindi and English (1965 after this state legislature

decide about English) for transacting business. Presiding officer can permit member to address in mother tongue 

13. Rights of ministers and advocate General  - Right to speak and take part in proceedings (without vote)

14. Legislative procedure in state legislature 

First reading, Second reading, Third reading then passed to second houseIn second house (a) may pass as sent (b) May pass with amendments and send to first house for reconsideration (c) may reject or keep pending NOTE - If assembly rejects amendments suggested or council rejects bill or keep pending for three months, assembly pass bill again, if council rejects again or keep pending for a month then bill deemed to have passed (Max four months)NOTE - If president return bill the house have to reconsider it within a period of six month (No obligation on president)

15. Position of council

EqualOriginating bill Approval of ordinanceEnlargement of jurisdiction of State public services Note - Council is subordinate to assembly [Like house of lord which can delay bill for 1 year and money bill for a month]Unequal No say in ratification of constitutional amendment bill 

Creation and abolition of Council (special majority A.169)

16. State legislatures privileges 

Extends to advocate general, not extends to governorRight to publish report or to prohibit publishing, 44 th amendment restores freedom of press, true report can be published without permission [Not in secret sitting]Secret sitting Own rules to regulate procedure Punish member as well outsider for breach of privileges (Imprisonment as well also suspension or expulsion in case of member)Can inquires and order attendance of witness and relevant record Court prohibited inquiring proceedings No person (member or outsider) can be arrested or no legal proceeding (civil + criminal) within precincts of  the house without permission of presiding officer Individual  Can not arrested 40 days before and after session (Only civil cases, not in preventive detention)Freedom of speech (Restriction : parliamentary language)Can refuse to give evidences when state legislature in session 

High CourtAuthor: Abhishek D

1. Integrated judiciary (Single system of court adopted by GOI act 1935)2. Institution of HC adopted in 1862 when HC established at Calcutta, Bombay and Madras3. Constitution of India provides HC for each state [but 7 th amendment authorized parliament to

established common HC  for two or more state or UT]4.  A.241 to A.231 Part 6 of the constitution 5. Organisation - Constitution does not specify strength and leaves it to discretion of president6. Judges

Appointment - Chief justice appointed by president after consultation with CJI and governor of state. In case of other judges Chief Justice of HC is also consultedFirst judge case 1982 - consultation does not means concurrence Second judge case 1993 - Consultation means concurrenceThird judge case 1998 -  CJI should consult collegium of 2 senior most judges of SCQualification - Citizen of India, Judicial office in territory of India for 10 years, advocate of HC for ten years, No provision of distinguished jurist as like SCOath or affirmation (Before governor of state or person appointed by him)Faith and allegiance to constitution uphold sovereignty & integrity perform duty without fear & favour uphold constitution & law  Tenure - 62 age, can resign writing to presidentRemoval Impeachment motion does not lapse on dissolutionproved misbehaviour or incapacity Judges inquiry act 1968Motion signed by 100 (In case of LS) or 50 (RS) & given to speaker Speaker may admit or refuse 

If admitted speaker/chairperson constitute three member committee to investigateCommittee (CJI or judge of SC + chief justice of HC + distinguished jurist)If found guilty house can take up motion After resolution passed by each house with special majority, address presented to presidentPresident passes order of removal Salaries and allowances - Determined by parliament, fall on CF of state (Pension of CFI), can not be varied to disadvantage in tenure after appointment Transfer  - By process of collegium 

 7. Acting Chief Justice 

President can appoint when Office of CJ vacant, temporarily absent, unable to perform duties

8. Additional and acting judges 

Additional judge - President can appoint (Max two years)  (subject to 62 age)Acting - President appoint till permanent judge resumes office (subject to 62 age)

9. Retired judges 

CJ can request retired judge of HC to act as judge temporarily, previous consent of president and that person, Allowances determined by president, All power of judge  

10. Independence 

Mode of appointment, Security of tenure, fixed service condition, expenses charged on CF of state (Pension of judge on CFI while staff state), conduct of judges can not be discussed, freedom to appoint staff, jurisdiction can not be curtailed (but can be changed by parliament as well as state legislature), separation from executive, ban on practice after retirement (allowed in SC and other HC), power to punish contempt 

11. HC and multiple state 

Bombay - Goa, Diu Daman , Dadara and Nagra Haveli Culcutta - Andaman Nicobar Kerala - Lakshdweep Madras - TN& Pondicherry Punjab and Hariyana - Chandigarh Guwahati - Assam, Nagaland, Mizoram and Arunachal Pradesh 

12. Jurisdiction and power of SC 

Constitution gives HC jurisdiction over revenue matter (Was not given before pre constitution era)Jurisdiction of HC are to be same as immediately before the commencement of constitution Original jurisdiction (a) Matter of Admiralty, will, marriage, divorce, company law and contempt of court(b) Dispute related to election of MP/MLA(c) Revenue matter (d) Enforcement of FR (e) Involving interpretation of constitution (f) Four HC have original jurisdiction in cases of higher value (Delhi, Bombay, Kolkata, Madras) [before 1973 original criminal jurisdiction but abolished]Writ jurisdiction A.226 Enforcement of fundamental rights + other purpose (enforcement of legal right) (Chandr kumar case Basic structure)Appellate jurisdiction 

Appeal against subordinate court, in both civil and criminal matters, Culcutta & Bombay & Madras HC system of intra appeal In case involving question of law (and not question of fact)Tribunals are subject to writ jurisdiction of HCDeath sentence should be confirmed before executed Supervisory jurisdiction Over all court and tribunal functioning in its territory (Except military courts or tribunals) + Administrative control  A court of record Judgement proceedings and act of HC can not be questioned when produced before subordinate court and act as legal referencePunish for contempt of court (Not defined by constitution) civil + criminal (Fair and reasonable criticism and comment on admin side allowed)Power of review of own judgement is not specifically given by HC but still can (Given to SC)  Power of judicial review examine constitutionality of executive & legislative power of both center and state (A.13 & A.226 explicitly gave power)[42nd amendment curtail power of judicial review of HC but restored by 43rd amendment of 1977]

Subordinate CourtsAuthor: Abhishek D

1. A.233 - A.237 part 62. Appointment of District judge [does not include tribunal judges]

Made by governor in consultation with HC Qualification Should not be in service of state or center Should have been advocate or a pleader for 7 years recommended by HC for appointment 

3. Appointment of other judges 

Made by governor in consultation with HC and state public service commission Note - The control over district courts including promotion and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge is vested in the high court 

4. Interpretation 

District judge includes judge of city civil court, additional district judge, joint district judge, assistant district judge, chief judge of small cause court, chief presidency magistrate, sessions judge, additional session judge and assistant session judge 

5. Structure and jurisdiction 

District judge  (when he deals with civil cases) or Session judge, can also give capital punishment

Court of subordinate judges (Civil cases) - unlimited pecuniary jurisdiction over civil suit

Chief judicial magistrate (Criminal cases) - imprisonment upto 7 years

Munsiff's court (Civil side)Judicial magistrate court (Criminal) - upto three years

6. National legal service authority 

1987 legal service authority act, to monitor and evaluate implementation of legal aid programme and to lay down policies and principles for making legal service available Provides free legal service to people and conduct Lok Adalat, to organise legal awareness camps in rural area 

7. Lok Adalats 

Cases pending before court or at pre litigation state are compramised in amicable manner Based on Gandhian principle, Component of ADR, Statutory status -  First in Gujrat 1982, given statutory status under Legal services authority act 1987member - Serving or retired judicial officer, other persons of area [generally judicial officer, lawyer and social worker]Jurisdiction - Matrimonial/Family dispute, compoundable offence cases, compensation cases, bank recovery cases, pension, housing finance, consumer grievances, electricity matters, telephone bill disputes, Dispute with cellular companies, Municipal matters including house tax cases Same power of civil courts All proceeding deem to judicial proceeding LokAdalat deemed to be civil court for the purpose of CRPCAward made final and binding on all parties (No appeal )No strict application of procedure law Permanent Lok Adalat -  amended in 2002 to provide establishment of permanent Lok Adalat with cases pertaining to public utility service , Chairperson District judge or above + two member with knowledge in public utilities, upto 10 lakh, In case party fail to reach agreement the permanent lok adalat shall decide dispute on merit, binding verdict    

8. Family Court 

Family court act 1984, for speedy settlements of disputes relating to marriage and family affairs law commission 59 th report 1974Obligatory for state to set up Family court in the town with population exceeding 1 MParties in dispute before a family court shall not be entitled as right to represented by legal practitioner Simplifies rule of evidences and procedure Right to appeal to HC 

9. Gram Nyayalayas 

Gram Nyayalayas act 2008 purpose to provide access to justice at door step Law commission report 114 Court of Judicial magistrate of first class and its presiding officerShall be established for every panchayat at intermediate level or group of contiguous Mobile court (Civil + Criminal)Shall follow summary procedure  Shall be guided by principle of natural justice Appeal to Session/District court (Heard and dispose within 6 month) Gram Nyayalay shall not bound by rules of evidences provided by Indian evidences act 1872

Special provision for some statesAuthor: Abhishek D

1. A.371 to A.171 J part 21 (12 states)2. Originally no provision, added by subsequent amendments 3. All north eastern state except Meghalaya and Tripura 4. provision for Maharashtra and Gujrat

Establishment of separate development board for Vidarbh, Marathwada, Saurashtr and Kutch and rest of GujaratEquitable allocation of funds for development expenditure over above mentioned area Equitable arrangements providing adequate facilities for technical education and vocational training & adequate employment opportunities in state service 

5. provision for Nagaland

Laws of parliament with respect to Naga customary laws and practices of naga, ownership and transfer of land not applicable unless state legislative assembly decides Governor has special responsibility wrt law and order (Ceases to operate when president directs)Regional council for Tuensang district (Governor discretion and inclusion of minister in council)MLA of Tuensang district are  elected indirectly by regional council 

6. provision for Assam & Manipur 

Assam - President is empowered to provide creation of committee of the Assam legislative assembly consisting of members elected from tribal areaManipur - President is empowered to provide creation of committee of the Manipur legislative assembly consisting of members elected from tribal area, center can give direction to state government as to administration of Hill area 

7. Provision for AP & Telangana

President is empowered to provide for equitable opportunities and facilities for people belonging to different part in matter of public employment and education A.371-E establishment of central university in Andhra

8. Provision for Sikkim 

Legislative assembly not less than 30 members 1 seat in LS Governor special responsibility of peace and equitable arrangements President can extend any law with modification or restriction which is in force in a state of Indian Union 

9. Provision for Arunachal Pradesh 

Governor special responsibility of law and orderLegislative assembly not less than 30 members 

10. Provision for Mizoram 

Legislative assembly not less than 40 members Laws of parliament with respect to Mizo customary laws and practices of Mizo, ownership and transfer of land not applicable unless state legislative assembly decides 

11. Provision for Goa 

Legislative assembly not less than 30 members 

12. Provision for Karnataka

Separate development board for Hybderbad - Karnataka region reservation of seat of student  belonging to this area 

reservation of state government post for person  belonging to this area 

Special status of J&KAuthor: Abhishek D

1. A.370 part 212. Instrument of accession signed on 26 October 1947, state only surrendered Defence, External affairs and

communication 3. A.370

Power of parliament to make laws for state limited to matter specified in instrument of accession, matters notified by president concurrence with state governmentA.1 & A.370 applicable to J&K Other provisions of constitution can be applied to J&K with modification  and exceptions specified by president in consultation with state government President can declare A.370 ceases to be operative, or operative with exception or modification (Can be done by president only on the recommendation of constituent assembly of state)

4. Present relation between J&K and India 

Constituent state of Indian union and placed under schedule 1Name and boundary can not be changed without consent of state legislaturePart 6 does not apply to J&KPreventive detention laws of union not applicable (Residuary power with state)Proclamation of emergency can be made in J&K on internal disturbance ground also only with approval of state, on the basis of war directly applicable FR applicable with certain modification and exception DPSP and FD not applicable No power to declare financial emergencyGovernor rule and president rule (President rule first time imposed in 1986)Special leave jurisdiction of SC, jurisdiction of EC and CAG are applicable to state International treaty affecting state only with concurrence of state HC of J&K can issue writ only for enforcement of FR 

5. Features of J&K constitution 

J&K integral part of India justice, liberty, equality and fraternity to people of stateDPSP of its ownvests executive power of state in governor appointed by president for term of five years (originally elected, 1965 changed)Established HC (Judges and CJ appointed by president in consultation with CJI and governor)Governor rule (state government can not be carried in accordance with constitution of state, in 1964 president rule extended to J&K)Sardar e Riyasat and Wajir e Alam redesignated as governor and CM in 1965Urdu official language (Permit use of English)can be amended if bill passed by each house majority of 2/3 rd of total membership (Bill must be introduced in assembly only) [no bill in either house if it change the relationship of state with Union of India]

Panchayati RajAuthor: Abhishek D

1. 73 rd constitutional amendment, 19922. Balawant Rai Mehta Commission 

1957 appointed by government of India to examine community development programme and national extension service Establishment of three tier panchayti raj linked through indirect election All planning and development activities should be entrusted to these bodies DC chairperson of zila parishad Recommendation accepted by NDC Rajsthan first state to establish panchayti raj (Nagaur district)

3.  Ashok Mehata committee 

1977 on panchayati raj institution Two tier system with ZP should be executive body and responsible for planning at district levelOfficial participation of all parties power of taxation Minister for panchayti raj Seats for SC/ST should be reserved Constitutional recognition should be accorded 

4. G V K Rao committee

1985, to review existing administrative arrangement for rural development and poverty alleviation programme (by planning commission)ZP should be pivotal importanceAssign leading role to panchayti raj in local planning Reduction in development role of DCDantwala commitee report on block development 1978 and hanumantha rao report on District planning (collector should play significant role)

5. LM Sainghavi committee 

1986, revitalisation of panchayti raj Constitutional chapter importance of gram sabha 

6. Thungon committee

constitutionally recognized three tier ZP pivotal fixed tenure of five year reservation on the basis of population and also for woman State finance commission DC CEO of ZP 

7. VN Gadgil committee (Basis of 73 rd amendment)

1988, basis for drafting amendment billconstitutionally recognised three tier directly electedfixed tenure of five year reservation for SC/ST woman 

levy collect taxes state finance commission state election commission

8. 73 rd amendment act 1992

come into force on 24 April 1993new part 9 to constitution (Previously A, B, C, D state)A.243 to A.243-OSalient features

Gram sabha - person registered as voter [Power and function decided by state]Three tier system - for state below 20 L population may not constitute at intermediate levelElection of members and chairperson - direct election, chairperson at district and intermediate level by indirect election (Gram panchayt as decided by state)Reservation - for SC/ST in proportion to population (Including chairperson), (1/3 for woman including chairperson) [In case of chairperson and BC manner provided by state legislature]Duration - 5 years, can be dissolved (election in 6 months, shall only for reminder period)Disqualification -  any law made by state legislature or being in force for purpose of election (21 years)State election commission - to be appointed by governor Power and function - state legislature endow, Eleventh schedule responsibility of panchayt Finance - state legislature may authorized to levy and collect taxes, duties, tolls and fees, Assign to panchayt taxes collected by state, grant in aid to panchaytFinance Commission - after every 5 years by governor President may direct that provision of this act shall apply to any UT subject to modification and exception Does not apply to Nagaland, J&K, Meghalaya, Mizoram  No election to any panchayat to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature  

Compulsory features Gram sabha three tier structure direct election (indirect to chairperson at intermediate and district level)21 year Reservation for SC/ST in proportion to population (Including chairperson), (1/3 for woman including chairperson) [In manner provided by state legislature]tenure 5 years (6 month condition and remaining period condition)state election commission state finance commission 

NOTE - Taxation power and representation of MLA and MP are voluntary provisions 

9. PESA act 1996 

Provisions of panchayat extension to schedule area of fifth schedule [AP, Telanagna, CG, GJ, JP, Jharkhand, MP, Maharashtra, Odisha and Rajsthan]Features State legislation shall be in consonance with customary laws Village shall consist of hamlet or group of hamlet comprising a community and managing affairs in accordance with traditions and customs Gram sabha (competent to safeguard culture, approve plans for socio economic development, identification of beneficiaries under poverty alleviation programme)

Gramsabha consulted before acquisition of land All seat of chairperson at all level shall be reserve for schedule tribeRecommendation of gram sabha mandatory for grant of prospecting licence of mining leaseRecommendation of gram sabha mandatory for grant of exploitation of minerals 

MunicipalitiesAuthor: Abhishek D

1. Eight types of urban government 2. Ministry of urban development, MoHa and MoD 3. Historical perspective 

1687-88 first municipal corporation madras1726 Bombay and Calcutta Lord mayo resolution 1870 on financial decentralisation Lord Ripon resolution 1882 magna carta of local self governmentRoyal commission on decentralisation 1907 (Chairperson Hobhouse)GOI act 1919 local government transferred subject 1924 cantonment act GOI act 1935 local government provincial subject 

4. 74 th amendment 1992

Part 9-AA.243 to A.243-ZG12 th schedule Salient features Type of municipalties Nagar panchayat Municipal council Municipal corporation Composition directly elects [May give representation to special expertise, MLA, MP] Ward committees Consisting of one or more ward Reservation  SC/ST in proportion to population, (1/3 for woman)Duration 5 years, can be dissolved (election in 6 months, shall only for reminder period)Disqualification -  any law made by state legislature or being in force for purpose of election (21 years)State election commission - to be appointed by governorPower and function - state legislature endow, Twelfth schedule Finance - state legislature may authorized to levy and collect taxes, duties, tolls and fees, Assign to municipalities taxes collected by state, grant in aid to panchaytFinance Commission - after every 5 years by governorDoes not apply to schedule and tribal area of state 

5. District planning committee (Every state shall constitute at district level)

to consolidate plans prepared by panchayt and municipalities 4/5 th members should be elected by elected members of panchayt and municipalities among themselves 

6. Metropolitan planning committee

Every metropolitan area should have 2/3 rd members should be elected by elected members of  municipalities and chairperson of panchayat in municipalities area among themselves 

7. Types of urban government 

Municipal corporation (Decided by state and Union government in case of UT)The council, standing committee, commissioner Mayor - ornamental figure and formal head, preside over meetings of council Municipality The council, standing committee, CEOCouncil headed by president (Plays significant role, pivot to administration, executive power)Notified area committee Fast developing town, not yet fulfill all necessary condition to be municipality Nominated body (neither elected nor statutory)Town area committee Semi municipal authority, by a separate act of state legislature Cantonment board Under provisions of cantonments act 2006Under defence ministry Partly elected, partly nominatedMilitary officer commanding station is ex officio president Vice president elected by elected members Executive officer appointed by president (Belongs to central cadre)Township by large public enterprise Port trust manage and protect trust by an act of parliament both elected and nominated members Special purpose agency Function based not area based example pollution control boardAutonomous bodies not subordinate to municipalities 

8. Central council of local government 

Set up under A.263 by an order of president After 1958 deals with matters of urban government only Minister of urban development as chairperson & minister of local governance of state as member

Union TerritoriesAuthor: Abhishek D

1. Creation 

1874 schedule districts chief commissioner provinces 7 th constitutional amendment UT Reasons Political and administrative - Delhi, ChandigadCultural - Pducherry, Dadara and Nagar Haveli, Daman & Diu Strategic - A&N, Lakshwadeep Special treatment and care of backward and tribal people 

2. Administration 

A.239 - A.241administered by president along with administer appointed by him (agent of president not head of state )Acquired territories govern by same provision of UTPondi (1963, any subject of state list) and Delhi (1969, except land, public order and police) assembly [Though assembly is created, power to make laws in state list of Union remain unaffected] Delhi special provision (A.239AA)Delhi election conducted by ECIStrength of council 10 % of assembly (which is fixed as 70) CM & Council of minister appointed by president (Pleasure of president)Lt governor can promulgate ordinance (But not when assembly is dissolved or suspended, with prior permission of president even withdrawal)

3. Advisory committee of UT

Home ministry nodal ministryHMAC chaired by union home minister AAC chaired by administrator  All UT without legislature have the forum of Home ministers advisory committee 

Schedule and Tribal AreasAuthor: Abhishek D

1. A.244 part 10 2. Fifth schedule deals with the schedule area and scheduled tribes in state3. Sixth schedule deals with the schedule area and scheduled tribes in Assam, Meghalaya, Tripura, Mizoram4. Administration of schedule area

Declaration of schedule area - president has power ( can also change area in consultation with governor)Executive power of state and center - Governor has special responsibility, center can give direction to state Tribes advisory council - Each state with schedule area has to establish, 20 member (ST MLA) [if president directs other state also]Law applicable to schedule area - Governor empower to modify or say that act of parliament or state does not apply, he can make regulation for peace and good governance, regulation may amend or repeal act of parliament (all such regulation requires president assent)

President to appoint commission to report on schedule areas and the welfare of schedule tribes in the state [UN Dhebar commission, Dilip Singh Bhuria commission]

5. Administration of tribal area 

Tribal area in four state as autonomous districts (but do not fall outside authority of state)Governor empowered to organize reorganize autonomous district with several tribes governor can divide autonomous district in autonomous region 30 member in autonomous council (26 directly elected, 5 years) [Each autonomous region separate council]Autonomous council can make law (specific matters, assent of governor requires)Can constitute village council or court for trial between tribes Can make regulation of money lending and trading by non tribal (assent of governor requires)Governor can appoint commission to examine and report on any matter relating to admin of  autonomous districtState/ parliament law may not apply or may be with modification (In case of Assam lies with governor both in case of state and union law; In other three states lies with president for union law and governor for state law)

6.

Assam North Cachar hillKarbi Anglong Bodoland territorial area

Meghalaya Khasi hillJantia hillGaro hill

Tripura Tripura tribal area district

Mizoram Chakma MaraLai

Comptroller and Auditor General of India (CAG) Author: Abhishek D

1. A.1482. Head of Indian Audit and accounts department 3. Guardians of public purses and controls entire financial system of country (Both center and state)4. CAG is appointed by president 5. Take oath before assuming office 6. Office for period of 6 years or upto age of 65 7. Can be removed by president on the same ground that of judges of SC 8. Not eligible for further appointment 9. Salary and condition of services are determined by parliament (Equal to judges of SC)

10. No minister can represent CAG in parliament and no minister can be called upon to take any responsibility for any action done by him

11. Parliament to prescribe the duties and power of CAG in relation to account of Union, State and other body

12. Submits audit report related to account of union to president and related to account of state to governor 

13. Conduct audit on behalf of Parliament hence responsible only to parliament 14. Legal and regulatory audit is compulsory while proprietary audit is on discretion 15. In Britain executive can draw money from public exchequer only with approval of CAG 16. LIC, RBI, SBI conducts private audit and submit report to parliament  

Attorney General of India and Advocate General of StateAuthor: Abhishek D

1. A.76 (Highest law office in the country)2. Appointed by president (Must be person eligible to be judge of SC)3. Hold office at pleasure of president (Conventionally resigns when council of ministers resign)4. Receives remuneration as decided by president 5. He should not defend accused person in criminal cases without the permission of GOI6. Not debarred from private practice (Does not fall under category of government servant)7. Solicitor General and Additional Solicitor General assist Attorney General (Not constitutional office)8. Advocate General of State 

1. A.165 (Highest law office in the state)2. Appointed by governor (Must be person eligible to be judge of HC)3. Hold office at pleasure of governor (Conventionally resigns when council of ministers resign)4. Receives remuneration as decided by governor 5. Not debarred from private practice

National Commission of SC/ST/OBC and Special officer for linguistic minority Author: Abhishek D

National Commission for SC

1. A.338 (Originally Special officer for SC & ST)2. 65th Amendment act 1990 National Commission for SC and ST 3. 89 th constitutional amendment 2003 bifurcated commission 4. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service

determined by president)5. Present annual report upon safeguards of SC to president (Can also submit report when it thinks

necessary, President place such report before parliament) [President also forwards such report to governor, governor place it in front of state legislature]

6. Commission while investigating matters have all powers of civil court7. State and central government require to consult commission on matter affecting SC8. Commission has to investigate all matters relating to constitutional and legal safeguards for OBC

and Anglo Indians

National Commission for ST

1. A.338A2. 1999 New ministry of Tribal affairs 3. 65th Amendment act 1990 National Commission for SC and ST 

4. 89 th constitutional amendment 2003 bifurcated commission 5. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service

determined by president)6. Present annual report upon safeguards of ST to president (Can also submit report when it thinks

necessary, President place such report before parliament) [President also forwards such report to governor, governor place it in front of state legislature]

7. In 2005 President specified function of commission as measures to be taken over conferring ownership right in respect of minor forest produce to ST, rights of tribal communities over minerals, rehabilitation of groups displaced by development projects, Measures to be taken to reduce shifting cultivation, Measures to be taken for full implementation of PESA  

8. Commission while investigating matters have all powers of civil court9. State and central government require to consult commission on matter affecting ST

National Commission for OBC 

1. A.338B (123rd constitutional amendment bill 2018 and 102nd amendment act)2. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service

determined by president)3. vested with the responsibility of considering inclusions in and exclusions from the lists of

communities notified as backward4. Present annual report upon safeguards of SEBC to president (Can also submit report when it thinks

necessary, President place such report before parliament) [President also forwards such report to governor, governor place it in front of state legislature]

5. Commission while investigating matters have all powers of civil court6. State and central government require to consult commission on matter affecting SEBC

Special Officer for Linguistic Minorities 

1. State reorganization commission recommendation 2. Seventh Constitutional amendment of 1956 inserted A.350B 3. Appointed by president 4. Headquarter at Allahabad 5. Submit annual report to president through Union ministry of minority affairs 6. To investigate all matters related to safeguard provided for linguistic minorities 

Finance Commission Author: Abhishek D

1. A.280 (Quasi judicial body)2. Constituted by president every five years or earlier at such time he considered necessary 3. Composition 

Chairperson + 4 other members (Hold office for period specified by president and eligible for reappointment)Authorized parliament to determine qualification and manner in which they should be selected Parliament specified Chairman should have experience in public affairs 

Members can be Judges of HC or one qualified to be appointed, special knowledge in finance and account, experience in financial matters and person with special knowledge of economics 

4. Specifies measures needed to augment the CF of state to supplement the resources of Penchayat on the basis of recommendation of state FC

5. Commission submits its report to president [He lays it before parliament] [Advisory and not binding]6. Constitution envisage FC as Balancing wheel of fiscal federalism

Union Public Service CommissionAuthor: Abhishek D

1. A.315 - A.323 part 242. Composition 

Chairperson and other appointed members (Strength decided by president)9-11 members including chairperson No qualification mentioned (Except 1/2 members should be such person who have hold office for 10 years + either under union or state government)President determine condition of service Term - 6 years or 65 years (Can resign addressing resignation to president)

3. Removal 

Insolvent/ paid employment outside office / in opinion of president unfit to continue In case of misbehavior refer matter to SC (binding) [misbehavior is defined]

4. Independence 

Condition of service can not be varied to disadvantages Expenses charged on CFI Chairperson not eligible for further employment under government A member can be appointed as chairperson of UPSC or SPSC and not other appointment Chairperson or members are not eligible to reappoint  [Note : SC held irregularities in consultation with UPSC regarding matter of service does not invalidate decision of government ][Note : UPSC being constitutional body has edge over CVC] 

5. Limitations 

Reservation in favor of backward class Group C&D posting President can excludes post from purview of UPSC President can make regulation specifying matters in which UPSC shall not be consulted [for at least 14 days should be laid before parliament]

6. State public service commission 

1. A.315 - A.323 part 242. Composition 

Chairperson and other appointed members (By governor)No qualification mentioned (Except 1/2 members should be such person who have hold office for 10 years + either under union or state government)Governor determines condition of service 

Term - 6 years or 62 years  (Can resign addressing resignation to governor)

3. Removal (by president)

Insolvent/ paid employment outside office / in opinion of president unfit to continue In case of misbehavior refer matter to SC (binding)

4. Independence 

Condition of service can not be varied to disadvantages (determined by governor)Expenses charged on consolidated fund of state Chairperson not eligible for further employment under government (except UPSC or chairman of any other SPSC)A member can be appointed at UPSC or chairperson of SPSC and not other appointment Not eligible to reappoint 

5. Limitations 

Reservation in favor of backward class Governor can excludes post from purview of SPSC Governor can make regulation specifying matters in which SPSC shall not be consulted [for at least 14 days should be laid before state legislature]

NOTE - JPSC is statutory not constitutional NOTE - Additional function can be conferred to SPSC by state legislature (By act of parliament)

Election CommissionAuthor: Abhishek D

1. A.324 of constitution 2. Composition 

Chief election commissioner + other election commissioner (president may fix time to time)Appointment by president President may appoint regional commissioner (after consultation with EC)Conditions of service and tenure of office of election commissioner shall be determined by president Chief election commissioner and other election commissioner have equal power, & receives salaries and allowances which is similar to those of SC judges They hold office for 6 years or until 65 years age 

3. Independence 

CEC Can not be removed except in same manner and ground that of judges of SCCEC Service condition can not be varied to his disadvantage Regional commissioner or other EC can not be removed except on the recommendation of chief election commissioner Flaws Constitution has not prescribed qualification & termConstitution has not debarred the retiring election commissioner from further appointment by government

4. Power and functions 

Determine territorial area of constituencies Prepare and revise electoral rolls periodically 

Notify date and schedule of election Grant recognition of political parties and symbol inquiring dispute related to election Determine code of conduct Advice president regarding disqualification of member supervise machinery of election for free and fair election Grant status of national or state party Act as court for settling dispute between parties related to recognition and symbol ECI ensures inner party democracy & settles dispute between splinter group of recognized party

5. State election commission 

Independent of ECI State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (Condition of service determined by governor)

Can not be removed except in same manner and ground that of judges of HC (By president)

Lokpal and LokayuktasAuthor: Abhishek D

1. Sweden first country while New Zealand first commonwealth country  2. first ARC recommended 3. Lokpal and Lokayuktas act 2013

Jurisdiction of lokpal includes  PM, minister, MP and group ABCD officers Chairperson + maximum 8 members (50% judicial)50% from SC/ST/OBC/Women and minorities Term is 5 yrs or till age of 70. After ceasing to hold office member and chairperson shall not be eligible to hold any post under any government in India. The salary, allowances and other conditions of service - of chairperson are equivalent to Chief Justice of India and members is equivalent to Judge of Supreme Court. AppointmentThe members are to be appointed by President on the recommendations of a selection committee  Selection committee -  PM + Speaker of LS + leader of opposition in LS + CJI + eminent jurist appointed by president on recommendation of first four Search committee will assist selection committee (50% from SC/ST/OBC/Women and minorities ) attachment and confiscation of property lays down clear timeliness Criticism Can not suo motu proceed against public servant Heavy punishment for false complain Anonymous complain not allowed Limitation period of 7 years to file complaintNon transparent procedure dealing with cases related to PM

Removal 100 Mp resolution to SC in case of misbehavior, then president can remove Other cases like insolvency, infirmity of Mind, president can remove   Lokayukt 

Appointed by governor (In most of the state CJ of HC and leader of opposition consulted )Lokayukt first established in Maharashtra (Although Odisha had passed act first)

Central Bureau of investigationAuthor: Abhishek D

1. Resolution of MoHa, now ministry of personnel, recommended by Sanathanam committee 2. Not a statutory body derives power from Delhi Special police establishment 3. Industry, Impartiality and integrity 4. Organisation 

Anti corruption division Economic offence division Special crimes divisions Policy and International police Co operation division Administration Division Directorate of prosecution Central forensic science laboratory 

5. Composition 

Director of CBI provided with 2 years security by CVC 2003By lokpal act committee for appointment of director (PM + CJI + Leader of opposition in LS) [2014 amendment in case of no opposition leader, leader of largest opposition party]

6. Functions of CBI 

cases of corruption and misconduct cases of public importance maintaining crime statistics national central bureau of interpol in India 

7. Section 6 A of DPSE act strike down by SC violation of A.14 (prior permission before conducting inquiry) 8. Concurrent power of investigation of offence under DSPE act 9. CBI academy at Gaziabad 

Central information commission

Author: Abhishek D

1. Under provision of RTI act 20052. Composition 

Chief information commissioner + not more than 10 information commissioner (by now 8)President on recommendation of committee (PM, Leader of opposition in LS, Union cabinet minister)Should not be MP/MLA/ office of profit or connected with political party / business 

3. Tenure and service consition 

5 years or 65 age (not eligible for reappointment )Removal (by president)insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted, proved misbehavior or incapacity (in this case refer to SC), financial interest Salary and allowances similar to Election commissioner (CIC with CEC) of India (can not be varied to disadvantages)

4. Power and functions (Quasi judicial)

Receive and inquire into complain from any person (a) unable to submit because of non appointment of PIO(b) refused information(c) not received response within time (d) fees charged are unreasonable(e) information misleading/false/partial (f) any matter relating to obtaining information (g) Can impose penalty under this act Can order inquiry (Suo moto)

5. State information commission 

1. Under provision of RTI act 20052. Composition 

Chief information commissioner + not more than 10 information commissioner Governor on recommendation of committee Should not be MP/MLA/ office of profit or connected with political party / business 

3. Tenure and service consition 

5 years or 65 age (not eligible for reappointment )Removal (by governor)insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted, proved misbehaviour or incapacity (in this case refer to SC), financial interest Salary and allowances similar to chief secretary (CIC with state CEC) (can not be varied to disadvantages)

4. Power and functions (Quasi judicial)

Receive and inquire into complain from any person (a) unable to submit because of non appointment of PIO(b) refused information(c) not received response within time (d) fees charged are unreasonable

(e) information misleading/false/partial (f) any matter relating to obtaining information (g) Can impose penalty under this actCan order inquiry (Suo moto)

Central vigilance commissionAuthor: Abhishek D

1. Main agency for preventing corruption , 2003 statutory body2. 1964 executive resolution 3. Recommended by Santhanam committee on preventing corruption 4. Only designated agency to take action against motivated complain 5. Composition 

Central vigilance commissioner + not more than 2 vigilance commissioner Appointed by president by recommendation of committee (Prime Minister (Chairperson), the Minister of home affairs (Member) and the Leader of the Opposition in the House of the People.)Tenure - 4 years or 65 age Not eligible for further appointment Removal (by president)insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted, proved misbehavior or incapacity (in this case refer to SC), financial interest Salary and allowances same as that of UPSC can not be varied to disadvantages Organisation Secretariat, chief technical examiner wing, commissioner for departmental inquiries 

6. Functions 

investigation to be conducted on reference of central government (corruption cases)Exercise superintendence over CBI insofar it relates to offence under PCA 1988tender advice to central government In appointment of ED In appointment of SP+ level post except Director in CBI (CVC + 2 VC + Secretory of DOPT & MoHa)CVC has to present annually report of performance to president (President place report before both the houses)

7. Quasi judicial 8. Whistle blower act 2011

Mechanism for protecting identity of whistle blower System to encourage people to disclose information about corruption  (to CVC)2 years prison and fine upto 3 k for false complaints no action if identity is incorrect or not found Information related to national security kept out of act 

National Human rights commissionAuthor: Abhishek D (Errors should be rectified)

1. Statutory quasi judicial body (Protection of human rights act 1993)2. Composition 

Chairperson (retired CJI) + 4 (serving or retired SC judges/ serving or retired CJ of HC and two having knowledge wrt human rights) [appointed by president recommended by six member committee (PM, Speaker of LS, Deputy Chairperson of RS, leader of oppossition of both the houses, Home minister)]4 ex officio (Chairperson national commission of minority/sc/st/women)Term - 5 years or 70 ageNot eligible for further employment under government Removal (by president)insolvent, employment outside office, infirmity of mind or body, unsound mind, sentenced to imprisonment, proved misbehavior or incapacity (in this case refer to SC, binding)

3. Function of commission 

inquire into violation of HR by public servant (Suo Motu or order of court) visit jail and detention places to study leaving condition review constitutional or legal safeguard & recommend measures for effective implementation study treaties and international instruments of HR promote research in HRspread human rights literacy Encourage efforts of NGO working in HR domain 

4. Not empower to inquire matter into any matter after expiry of 1 year 5. Recommendatory in nature (No power to punish or award relief) [Not binding on government but has to

inform about action within a month]6. Act also provides establishment of HR courts can be set up by state government in concurrence with the

CJ of HC7.  limited role wrt violation done by armed forces 8. Amendment 2006 state Clarifying absence of member in selection committee for selection of member of

chairperson of NHRC or SHRC will not vitiate decision  9. State human right commission 

1. Statutory quasi judicial body (Protection of human rights act)2. Can inquire only related state and concurrent list (If such case is inquired by NHRC or any other

statutory commission then can not inquire)3. Composition 

Chairperson (retired CJ HC) + 2 (serving or retired judge of HC/district judges) [appointed by governor recommended by committee (CM, Leader of oppossition in assembly, Speaker of assembly and Home minister of state)]4 ex officio (Chairperson national commission of minority/sc/st/women)Term - 5 years or 70 ageNot eligible for further employment under government Removal (by president)

insolvent, employment outside office, infirmity of mind or body, unsound mind, sentenced to imprisonment, proved misbehavior or incapacity (in this case refer to SC)

4. Function of commission 

inquire into violation of HRvisit jail and detention places to study leaving condition review constitutional or legal safeguard & recommend measures for effective implementation study treaties and international instruments of HR promote research in HRspread human rights literacy Encourage efforts of NGO working in HR domain 

5. Not empower to inquire matter into ant matter expire of 1 year 6. Recommendatory in nature 7. Act also recommended establishment of human rights court at every district (Court can be set

up only with concurrence of CJ of HC)

NITI AayogAuthor: Abhishek D

1. provides relevant technical advice 2. Executive body 3. Collaborative than confrontationist, bottom up approach 4. Composition 

Chairperson - PM Governing council  - CM Regional council - Chaired by chairperson of Niti Ayog or his nominee Special invitees - nominated by PMVice chairperson - enjoys rank of cabinet minister Full time member - enjoys rank of minister of state Part time member max 2Ex officio - max 4 (ministers)CEO secretariat  [Note : National institute of labor economics research and development is subordinate office of NITI Ayog (Campus at Narela) (Narela is developing urban and institutional hub declared as special economic zone for knowledge in NCR)]

5. Guiding principles 

AntyodayaInclusion Village Demographic dividend 

Peoples participation Governance Sustainability Seven pillars of governance Pro people agenda that will fulfil aspiration of society Pro active in anticipating and responding citizen's need Participative Inclusion of all special attention to SC/ST/OBC/Minority Equality of opportunity Transparency through the use of technology 

6. NDC 

PM + All Union Cabinet Ministers + CM of all states + CM/Administrator of all UT + Members of planning commission Approval of plan - Union Cabinet -> NDC -> parliament  Highest body after parliament Advisory body to planning commission 

Rights and liabilities of governmentAuthor: Abhishek D

1. A.294 - A.300 part 12 deals with property, contract, rights, liabilities, obligation and suits of government 2. Property of Union and state 

Succession - umion or corresponding state Escheat, lapse and bona vacantia - union or corresponding stateSea wealth - Union compulsory acquisition by law - union as well state acquisition under executive power - union as well state Suits by or against government - suiable for contracts not torts [Kasturilal case reaffirmed, Nagendr rao case SC critisised doctorine of sovereign immunity, prisoners murder case SC ruled that kasurilal case has paled into insignificance and no longer binding value ]Constitution do not give any immunity to minister but not legally liable as well 

Flag code of IndiaAuthor: Abhishek D

1. Governed by provisions of Emblems and Names act 1950, Flag code of India 20022. Part I General description 

Equal width of row & 3:2, Ashok chakra screen printed/printed/stencilled/embroidered Made up of hand spun & hand woven wool/cotton/silk/khadi bunting 150*100 table; 225*150 car; 450*300 VVIP flight  

3. Part II Use of national flag by member of public/private organisation 

Section I 2.1 no restriction on display except Not used for commercial purpose Dipped in salute to any person/thingShall not flown half mast Shall not be used drapery Shall not be used as portion of costume Lettering shall not put on flagShall not be used for receiving or delivering Exception flower petals Shall not be used for covering statue/ speaker deskShall not intentionally allowed to touch ground/ trail in waterShall not draped over hood Shall not be used for covering building 2.2 public/private organisation may host all day Flag should occupy honour and distinctly placed Damaged flag should not be displayed Should not be flown from single masthead simultaneously with other flagShould not be flown on any Vehicle Should be flown on speaker right No flag /emblem above the flag Not for decoration Flag made by paper may be waved on occasion of important event. Should be disposed in private consistent with dignity of flag (burning or burying)Flown from sunrise to sunset irrespective of weather condition  Section 2 Assemble from three side of flag & flag staff at centre of fourth side 

4. Part III hosting by central or state government 

Middle front of bonnet / front right of carFlag shall not be used in any for of advertisementWhen displaying with flag other countries, Flag should be on extreme right National flag should be hoisted first and lowered last International usage forbid display of one nations flag above another in time of peaceSeparate mast heads for different flagHalf masting (Not in case of national day except in building concerned exception foreign mission)Flag shall be hoisted to peak and then lowered and before lowering again raised

President, VP, PMSpeaker, CJICabinet ministerMinister of state / unionGovernor /LG/CMCabinet minister in state

Throughout IndiaDelhiDelhi & capital stateDelhiThroughout state /UTCapital of concerned state

MiscellaneousAuthor: Abhishek D

1. In 1984 election TDP emerged as largest opposition party 2. Positive liberty is the possession of the capacity to act upon one's free will, as opposed to negative

liberty, which is freedom from external restraint on one's actions. 3. The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not

dead totally but overshadowed by the fundamental right. 4. Recognized party (Unrecognized) - Only 1 proposer + 40 star campaigner (20) 5. National party - 6% votes polled in any four state and 4 loksabha seat or 2% seat from any three state

or state party in 4 states [BJP, INC, BSP, CPI, CPM, NCP, AITC]6. State party - 6% votes polled in any election of state legislature and 2 seat or 6% votes polled in

Loksabha election and 1 lokasabha seat or 3 seats or 3% seats in LS election or 8% votes in state or LS election 

7. A.323B empowers parliament to establish a tribunal for the adjudication of election dispute (Also provides exclusion of all courts except by special leave appeal of SC but this provision is declared unconstitutional and hence appeal to tribunal lies to HC) 

8. Political campaign last for at least two week after drawing list of candidate (Ends before 48 hours)9. Election petition are tried by the HC of state involved 

10. 1989 provision was made to facilitate use of EVM, EVM first used in 1998 first time in select constituencies of Rajasthan, MP and Delhi, and in entire state of Goa in 1999 

11. Proxy voting first opted in 200312. Braille Signage introduced in AP in 2004 (2009 in general election)13. Law for using VVPAT amended in 201314. 2015 order photo of candidate and party symbol on EVM  15. 91 st amendment omitted provision of protection under anti defection law in case of split 16. Protection under defection - Merger of party (merger takes place when 2/3 rd member agrees) 17. National Integration Council - 1961, PM (Chairperson) + Home minister + All CM + Leaders of political

parties + Chairperson of UGC + two educationalist + Commissioner of SC ST and 7 nominated members 

18.  National commission to review the working of the constitution - MN Venkatchaliah, 200219. Both state and parliament can make provision related to preparation of electoral rolls  20. A member elected in a bye-election remains member for the remainder of the term of the member who

had resigned or died or disqualified to be member of the House under the Tenth Schedule 21. Co operative Societies 

97th Constitutional Amendment act 2011

Gave Constitutional Status and protection to cooperative societiesRight to form cooperative societies as fundamental rightDPSP 43-B promotion of fundamental rightIt added new part to 9-B (A.243 ZH to 243 - ZT)State legislature regulation for cooperative societiesMaximum number of directors of co operative societies shall not exceed 21 (decided by state legislature) [State legislature shall provide reservation of one seat for SC/ST and two for women for cooperative societies having such members]Term of office of elected members and office bearers shall be 5 yearsAt max two co opted members [no right to vote]Superintendence of election of co operative societies vest with body provided by state legislature

No board shall be kept suspended for more than 6 month [Suspension only for societies having government shareholding or financial assistance]

22. Official Language 

In 1955 as provided in constitution president appointed official language commission (Chairperson BH Kher) [However though constitution provided commission after 10 years, no commission was appointed] 

Official language act 1963 - Provided for continuation of English as official language with Hindi for indefinite period

On demand of people president can direct to recognize such language as official language of state SC language English HC language in case of judgement and orders English [Governor with consent of president can authorized use of any other language for proceedings in HC (Untill parliament provides)]Official language act extend any other language in case of order and judgement of HC [Governor can extend with consent of president] [English translation compulsory]Every state and local authority shall provide adequate facilities for instruction in mother tongue at primary level to linguistic minorities [7th constitutional amendment 1956]Sindhi added by constitutional amendment of 1967Kokani Manipuri and Nepali by 71st amendment of 1992Bodo, Dongri, Maithili and Santhali by 92nd amendment of 2003Tamil, Sankrit, Telagu, Kannada, Malyalam and Odia are Classical language

Official language act 1965 provided committee of Parliament to review progress of Hindi - It presents its report to president [Conventionally headed by Home minister] 

23. Any disciplinary action against All India service can only be taken by Central government 24. Parliament or state can impose reasonable restriction on FR of public servant 25. Tribunals 

Original constitutional did not had provision related to Tribunals 42 nd amendment added new part 14-A Central administrative tribunal has original jurisdiction wrt matter related to service of public servant (Statutory, act of 1985)Chairperson of CAT appointed by CCA on the recommendation of selection committee headed by judge of SC (Appointed by CJI)Center can establish state administrative tribunal on the request of state Chairperson of JAT is appointed by president after consultation with governor of states Tribunals in other matter can be established by state or parliament (unlike administrative tribunals) [A.323B as well hierarchy allowed]

26. 58 th amendment of 1987 make provisions related to authoritative text of constitution in Hindi (Adopted constitution was in English language)

27. President has power to specify caste to be treated as SC ST in each state (Any inclusion or exclusion from presidential notification only by parliament and not president)

28. Constitution has defined Anglo Indian term

29. 82nd amendment if 2000 provided for relaxation in marks and criteria in favor of SC/ST while taking claim in consideration for post reserved for SC/ST

30. President can appoint a commission to investigate the condition of BC 31. Function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst

members of a society.

32. Function of a constitution is to specify who has the power to make decisions in a society.

33. Function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.

34. Only one provision of the Constitution was passed without virtually any debate: the introduction of universal suffragea list of rights mentioned and protected by the constitution is called the ‘bill of rights’

35. Inclusion of fundamental duties has not changed the status of our fundamental rights.

36. Sri Lanka - By amendment system of Executive Presidency was introduced,  the President has the power to remove the Prime Minister

37. Amendment that increased the age of retirement of High Court judges from 60 to 62 years (15th amendment).

38. Classical liberalism always privileges rights of the individuals over demands of social justice and community values

39. Indian Constitution does not see religion merely as a ‘private’ matter concerning the individual. 40. Freedom of religion in India means the freedom of religion of both individuals and communities. 41. Government can impose compulsory duty but not class based  42. 43. Sources of constitution 

44. Fundamental duties helps court to decide constitutionality of law (But not philosophy of constitution) 45. Parliament have exclusive rights in – Condition of resident in certain employment; Restricting FR to arm

force police force etc;  Prescribing punishment for untouchability and A.23 (Trafficking and forced labor) 46. Interpellation - Formal right of parliament to ask question to government 

Crossing the floor - Vote against party line/ Passing between the member addressing the House and the Chair Yielding the floor - The speaker can ask a member of the house to stop speaking and let another member speak

47.

Apendix Author: Abhishek D

1. A.366 contains definition of various terms 2. Precedence - President > VP > PM > Governor (in state) > Former president > Deputy PM > CJI and

Speaker of LS > Cabinet minister, CM, Former PM, Leader of opposition, Vice chairperson of NITI Ayog > Bharat Ratna holder > CM & Governor outside state, Ambassadors > Judges of SC > Chair of constitutional bodies 

3. Oaths 

What is in oath?Defend constitution - President, governor Devote to service and well being of people - President, governor Upheld Constitution - Judges of SC/HC, CAG/ Auditor general,Information commissioner Faith in constitution - VP, Minister, Candidate contesting election, MP/MLA, Judges of SC/HC, CAG/Auditor general Secrecy - Minister Upheld sovereignty and integrity - Minister, Candidate contesting election, MP/MLA, Judges of SC/HC, CAG/Auditor general,Information commissioner

Who gave oath ?President - CJI VP - President Minister - President Judges of SC - President CAG/Auditor general - President MP - President Governor - CJ of High court Judges of HC - Governor MLA - Governor Information commissioner - President

4. National commission of backward class - First chairperson Justice RN Prasad  (1993)

5. MCC - Agreed by party in 1968 first effectively put to use by EC in 1991. Came into effect immediately on the announcement of the schedule of election. 

6. Neharu contested from Phulphur constituency  7. Subject 

Union listMajor ports Lotteries Banking Standards of weights and measures Regulation of labour safety in mines and oil fields Manufacture, supply and distribution of salt Cultivation of Opium Standards in institution of higher education Income tax other than agriculture income Organization of SC and HC Regulation of mines and minerals development in public interest

State listOfficers and servants of HC Regulation of mines and minerals development Gas and gas work Relief of agricultural indebtness Betting and gambelling Tax on agriculture income Taxes on mineral rights Tolls Jurisdiction and power of all court except SC wrt to state list Duties on NashaCo operative societies & fisheries come under state

Concurrent list Bankruptcy and insolvency Crpc/IPC/CPC Preventive detention connected with state security, maintainance of public order and supplies of essential services Marriage and divorce Nomadic/migratory tribes Forest and wild life Drugs and poison Economic, social and family planning Welfare of labour Education Legal, medical and other professionals Infectious or contagious disease or pest Registration of birth and deaths Weights and measurements (Except standards) Electricity

8. PM of India 

9. President of India 

10. Vice president of India 

11. Speaker of Lok Sabha 

LIST OF IMPORTANT AMENDMENTS 1st Amendment (1951):  Added Ninth Schedule. Some restriction on A.19 4th Amendment (1955):  Authorized parliament to nationalized any trade 7th Amendment (1956): Re-organization of States (14 States, 6U.Ts) 9th Amendment (1961): transfer of certain territories to Pakistan [Berubari union case] 10th Amendment (1961): Incorporated Dadra and Nagar Haveli as a U.T. 12th Amendment (1962): Goa, Damn, Diu in Union 13th Amendment (1962): Created Nagaland as a State. 14th Amendment (1962): Inclusion of Pondicherry in the First Schedule. 15th Amendment (1963): Retirement age of HC judges to 62 from 60 18th Amendment (1966): Re-organized Punjab into Punjab, Haryana and the UT of Chandigarh [21 st amendment Sindhi in 8th schedule] 19th Amendment (1966): Abolished system of election tribunal and gave power to HC

22nd Amendment (1969): Created Meghalaya as a Sub-State within Assam 24th Amendment (1971): Affirm parliament to amend any part of constitution and made it compulsory for president to give ascent to constitutional amendment [Golakhnath case] 27th Amendment (1971): Established Manipur and Tripura as States and Mizoram and Arunachal Pradesh as UTs. 31st Amendment (1973): The total strength of Lok Sabha was increased from 525 to 545 (on the basis of Census 1971). 36th Amendment (1975): Established Sikkim as a State. 38th Amendment (1975): It seeks to make a declaration of emergency non-judicial; Different emergency proclamation on different grounds simultaneously 39th Amendment (1975): Placed beyond judicial scrutiny, the election of president Prime Minister and Chairman to either House of Parliament. 42nd Amendment (1976): Socialist, Secular and integrity word in preamble Fundamental duties President bound to advice of president Administrative tribunals Froze seat of LS Constitutional amendment beyond judicial review Raise the tenure of LS and Assemblies to 6 years Law made for DPSP can not be made violative of FR Laws to deal with anti national activities will have precedence over FR [Removed by 43rd amendment of 1977] New DPSP - equal justice and free legal aid, participation of workers in management,, protection of environment and wild life Proclaimation of emergency in any part of territory Empower center to deploy arm forces in any state Did away with requirement of quoram Provided creation of all India judicial service 44th Amendment (1978): Deletion of Right to Property from the Fundamental Rights; Limiting the declaration of Emergency only to cases of Armed Rebellion; The restoration of life of Lok Sabha and State Assemblies to 5 years; Restored quorum; Constitutional protection to newspapers for true report of proceedings; Ommitted reference to British House of common wrt to privileges; Empower president to send back advice of cabinet for reconsideration; Deleted provision of statisfaction of president in issuing ordinance as final Emergency only on written recommendation of cabinet A.20 and A.21 cant be suspended in emergency Restored power of SC (Including election of PM and President)

52nd Amendment (1985): Added Tenth Schedule which contains provisions as to disqualification on ground of defection. 53rd Amendment (1986): Granted statehood to the UT of Mizoram. 55th Amendment (1986): Granted statehood to the UT of Arunachal Pradesh. 56th Amendment (1987): Goa was made a state. 61st Amendment (1989): Reduced the voting age from 21 to 18 years. 65th Amendment (1990): Commission for SC/ST 69th amendment (1991): Statehood to Delhi (As NCT) 70th amendment (1992): Inclusion of MLA of NCT and pondi in election of president 73rd Amendment (1992): Panchayati Raj Bill passed; 74th Amendment (1993): Municipalities bill passed 76th Amendment (1994): TN reservation bill in ninth schedule 77th Amendment (1995): Reservation in promotion 80th Amendment (2000): Deals with an alternative scheme for sharing taxes between the Union and the States. 81st Amendment (2000): Backlog vacancies 82nd Amendment (2000): Relaxation of criteria in exam or lowering standard for SC/ST  84th Amendment (2001): Extend ban on readjustment of LS seats (Internal readjustment on 1991 census) 85th Amendment (2001): Amended article 16(4A) to provide for consequential seniority 86th Amendment (2002): Right to education; DPSP - untill 6 years; Fundamental duty (6-14 years) 87th Amendment (2003): Internal readjustment on the basis of 2001 census 89th Amendment (2003): Bifurcation of national commission of SC and ST 91st Amendment (2003): Total minister 15% of total strength of house; Disqualified member disqualified for ministership; Excemption from split in anti defection deleted 92nd Amendment (2003): This article provides for the inclusion of four new language viz. Bodo, Dogri, Maithili, and Santhali in the Eighth Schedule of the Constitution.

93rd Amendment (2005): Reservation in admission to educational institutions, including private unaided institutions. 97th Amendment (2011): DPSP and FR and part 9B regarding Co operative societies 98th Amendment (2012): Special provisions for Hyderbad Karnataka region  99th Amendment (2014): NJAC 100th Amendment (2015): Transfer of territories to Bangladesh 101st Constitutional amendment (2016): GST 102nd Constitution amendment (2018): NCBC 103nd Constitution amendment (2019): EWS reservation

Important Article of constitution PART 1 – ART. 1 TO ART. 4

Article 1- Name and territory of the union.Article 2 – Admission and Establishment of the new state.Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.

PART 2 – ART. 5 TO ART. 11

Article 5 – Citizenship at the commencement of the constitution.Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.Article 10- continuance of rights of citizenship.Article 11- Parliament to regulate the right of citizenship by law.

PART 3 – ART.12 TO ART.35

Article 12- Definition of the stateArticle 13 Laws inconsistent with or in derogation of the fundamental rights.Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.

Some important Fundamental Rights are as:

Right to Equality: Art. 14 to Art. 18

Article 14- Equality before the law.Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.Article 16- Equality of opportunity in matters of public employment.Article 17- Abolition of the untouchability.Article 18- Abolition of titles

Right to Freedom: Art. 19 to art. 22

Art.19 guarantees to all the citizens the six rights

1. · (a) Right to freedom of speech and expression.2. · (b) Right to assemble peacefully and without arms.

3. · (c) Right to form associations or unions.4. · (d) Right to move freely throughout the territory of India.5. · (e) Right to reside and settle in any part of the territory of India.6. · (f) Right to practice any profession or to carry on any occupation, trade, and business.

Article 20- Protection in respect of conviction for offences.Article 21-Protection of life and personal liberty.Article 22- Protection against arrest and detention in certain cases.

Right against Exploitation: Art.23 & art. 24

Article 23- Prohibition of traffic in human beings and forced labour.Article 24- Prohibition of employment of children in factories and mines. Under age of 14.

Right to Freedom of Religion: Art.25 to art. 28

Article 25- Freedom of conscience and free profession, practice and propagation of religion.Article 26- Freedom to manage religious affairs.Article 27- Freedom as to pay taxes for promotion of any particular religion.Article 28- Freedom from attending religious instruction.

Cultural and Educational Rights: Art.29 & art. 30

Article 29- Protection of interest of minorities.Article 30- Right of minorities to establish and administer educational institutions. Article 32- Remedies for enforcement of Fundamental Rights.

PART.4 DIRECTIVE PRINCIPAL OF STATES POLICY: ART 36 TO ART. 51

Article 36- DefinitionArticle 37- Application of DPSPArticle 38- Social order for promotion of welfare of people (Reduction in inequality 44)Article 39- Certain principle of policies to be followed by state Article 39A- Equal justice and free legal aid (42)Article 40- Organisation of village panchayatArticle 41- Right to work, to education, and to public assistance in certain casesArticle 43- Living Wages, etc. for Workers.Article 43A- Participation of workers in management of industries. (42)Article 43B- Promotion of cooperative societies. (97) Article 44- Uniform civil code.( applicable in Goa only)Article 45- Provision for free and compulsory education for children. (Below six years 86 th amendment )Article 46- Promotion of educational and economic interest of scheduled castes, ST, and Other weaker sectionsArticle 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.Article 48-Organisation of agriculture and animal husbandry.Article 48A-Protection and improvement of environment (42) Article 49- Protection of monuments and places and objects of natural importance.Article 50- Separation of judiciary from the executive.Article 51- Promotion of international peace and security.

FUNDAMENTAL DUTIES: PART IV-A- ART 51A It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.

PART 5 – UNION ( 52-151)

Article 52- The President of India

Article 53- Executive Power of the union.Article 54- Election of PresidentArticle 61- Procedure for Impeachment of the President.Article 63- The Vice-president of India.Article 64- The Vice-President to be ex-officio chairman the Council of States.Article 66-Election of Vice-president.Article 72-Pardoning powers of President.Article 74- Council of Ministers to aid and advise the President.Article 75- Collective responsibility and pleasure of president Article 76- Attorney-General for India.Article 77 - Conduct of business of government of India Article 79- Constitution of ParliamentArticle 80- Composition of Rajya Sabha.Article 81- Composition of Lok Sabha. Article 83- Duration of Houses of Parliament.Article 87 - Special address by president Article 93- The speakers and Deputy speakers of the house of the people.Article 102 - Disqualification of membership Article 105- Powers, Privileges, etc of the House of Parliament.Article 109- Special procedure in respect of money billsArticle 110- Definition of “Money Bills”.Article 112- Annual Financial Budget.Article 114-Appropriation Bills.Article 116- Vote on accountArticle 123- Powers of the President to promulgate Ordinances during recess of parliament.Article 124- Establishment of Supreme Court. [Appointment removal in same]Article 125- Salaries of Judges.Article 126- Appointment of acting Chief justice.Article 127- Appointment of ad-hoc judges.Article 128-Attendance of a retired judge at sitting of the Supreme Court.Article 129- Supreme court to be a court of Record.Article 130- Seat of the Supreme court.Article 136- Special leaves for appeal to the Supreme Court.Article 137- Review of judgement or orders by the Supreme court. []Article 141-Decision of the Supreme Court binding on all the courts.Article 142 - Enforcement of order  Article 148- Comptroller and Auditor- General of IndiaArticle 149- Duties and Powers of CAG.

PART 6 – STATES ( 152-237)

[From article 72  to 111 trick of 89 after that 73-124 trick of 90 ] Article 153- Governors of StateArticle 154- Executive Powers of Governor.Article 161- Pardoning powers of the Governor. (89)Article 163 - Council of minister to aid and advice of governor(89)Article 164 - Responsible government Article 165- Advocate-General of the State.Article 213- Power of Governor to promulgate ordinances.Article 214- High Courts for states.Article 215- High Courts to be a court of record.

Article 226- Power of High Courts to issue certain writs.Article 233- Appointment of District judges.Article 235- Control over Sub-ordinate Courts.

PART 7 – 238 – REPEALEDPART 8 – 239-242 – UNION TERRITORIESPART 9 – 243-243 O – PANCHAYATS

Article 243A- Gram SabhaArticle 243B- Constitution of Panchayats

PART 9A – 243 P-243 ZG – MUNICIPALITIESPART 10: SCHEDULED AND TRIBAL AREAS -244PART 11: CENTER- STATE RELATIONS 245 – 263 (Inter state council A.263; A.262 Inter state river dispute)PART 12: FINANCE, PROPERTY, CONTRACTS AND SUITS (264 – 300A)

Article 266- Consolidated Fund and Public Accounts FundArticle 267- Contingency Fund of IndiaArticle 280- Finance CommissionArticle 300-A- Right to property.

PART 13: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORIES OF INDIA (301-307)

Article 301-Freedom to trade, commerce, and intercourse.Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

PART 14 : SERVICES UNDER CENTER AND STATE (308-323)

Article 312- All- India-Service.Article 315- Public service commissions for the union and for the statesArticle 320- Functions of Public Service Commission.

PART 14A: TRIBUNALS (323 A – 323 B)

Article 323A- Administrative Tribunals

PART 15 : ELECTIONS (324 – 329)

Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

PART 16: SPECIAL PROVISIONS TO SC, ST, OBC, MINORITIES ETC (330 -342)

Article 338- National Commission for the SC, & ST. [A,B,C]Article 340- Appointment of a commission to investigate the conditions of backward classes.

PART 17: OFFICIAL LANGUAGE (343- 351)

Article 343- Official languages of the Union.Article 345- Official languages or languages of states. Article 348- Languages to be used in the Supreme Court and in the High Courts.Article 350B-Special officer for linguistic minorities  Article 351-Directive for development of the Hindi languages. 

PART 18: EMERGENCY (352-360)

Article 352- Proclamation of emergency ( National Emergency).Article 356- State Emergency (President’s Rule)

Article 360- Financial Emergency

PART 19: MISCELLANEOUS (361-367)

Article 361- Protection of President and Governors

PART 20: AMENDMENT OF CONSTITUTION (368)

Article 368- Powers of Parliaments to amend the constitution.

PART 21 : SPECIAL, TRANSITIONAL AND TEMPORARY PROVISIONS (369 – 392)

Article 370 – Special provision of J&K.Article 371A –  Special provision with respect to the State of NagalandArticle 371-J: Special Status for Hyderabad-Karnataka region

PART 22: SHORT TEXT, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (392 – 395)

Article 393 – Short title – This Constitution may be called the Constitution of India.