Constitutional framework

1. Historical background
2. Making of constitution
3. Salient features of constitution
4. Preamble
5. Union and its territory
6. Citizenship
7. Fundamental rights
8. Directive principles of state policy
9. Fundamental duties
10. Amendment of the constitution

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 Historical background

Allahabad treaty, battle of Buxor

• In 1600, Britishers came as traders

• They got diwani rights in 1765 (revenue + civil justice)
• MN Roy put forward the idea of framing constitution
• Radical Democratism (1934)
• Constituent assembly (1946)
• Company rule (1773-1858)
o Regulating act 1773
1. British government to control and regulate etc.
2. Central administration foundation

o Pitts act 1984 act of settlement

o Charter act 1833 centralisation
o Charter act 1853 sop

• Crown rule
o GOI act 1858: Act for good governance
o Council act 1861: Decentralisation nomination
o Council 1892: Nomination
o Council act 1909: Morley - Minto
o GOI act 1919: Montage – Chemsford
SIMON COMMISSION
o GOI act 1935
o Independence of India act 1947
 • Company rule (recognized political/admission, function of company)
1. Governor gov general of Bengal
o Council of 4
o Lord Warren Hastings
o Bombay Madras subordinate
o SC of Calcutta
o No bribe private trade
o British government control strengthen (How?)

In 1st act itself ‘Bengal’ centralization of powers

2. Distinguished commercial of political functions of company

• Board of control to manage political + civil + military
• Board of director - commercial
• System of double governance
• Company’s territories were known as British possession
• Act of settlement 1781

3. Final step toward centralization

• Gov general of India: William Bentick (Exclusive legislative powers)
• EIC purely administrative body (no commercial functions)
• [Tea, china] only remained (1813)
• Attempted civil service

4. Significant constitutional landmark(1853)

• Separate governor legislative council → Indian legislative council →
Mini parliament
• (SOP) separation of power
• 6 legislative councillor (member)
• Open civil service competition (1854 Macaulay committee)
 • First time - Local representation in legislative council; 4 out 6 from
madras, Bombay, Bengal, Agra (local provisional government)
• Legislative 1st time as special function of government
• Civil services sop locally by legislation
➢ Crown rule
1. Act for good government
• Abolished EIC
• Direct under British crown
• Viceroy: Lord canning
• Ended system of double governance
• New office: secretary of state for India, complete authority over
Indian administration
• 15-member advisory council → assisting
• Secretary of state (as corporate) in council → can be sued

2. Indians in administration
• {3} Indian nominated to legislative council: Benaras, Patiala, Sir
Dinkar Rao
• {3} Initiated decentralisation: Bombay Madras → Power restored
• {3} New legislative council for Bengal, Punjab, NWFP
• Recognized portfolio system of Canning
• During emergency → viceroy can issue ordinance without
concurrence with council
• Increased number of additional member (non-official, 10-16)
• Legislative council power → discuss budget, address due to executive
• Nomination of some non-official members

3. Morley-Minto (secretary viceroy)

• Size of central legislative council 16-60
• Supplementary que, move resolution on budget
• Indians allowed in executive council of viceroy
 • (1st) Satyender Parsand Sinha: law members
• Communal representation, separate electorate
• Minto father of communal electorate
• Separate representation provided to universities, zamindars,
chamber of commerce, presidency corporation
• Official majority → central legislative council (central official)
• Non-official majority → provincial council
• Separate electorate Satyendra Nath Sinha

4. M.C reforms (1919)

• Gradual introduction of responsible government
• Relaxed central control (Devolution)
• Subject→ central + provincial → transferred
→reserve

↓
Diarchy (dual scheme of governance, unsuccessful experiment)

• Bicameralism at centre
• Direct elections franchise (tax, property, education)
• 3 out of 6 member of viceroy (executive) council to be Indian
• Communal to Sikh, Christian, Anglo-Indian, European
• High commissioner office created (London)
• Central public service commission set up (1926, Lee commission)
• Separated provincial-central budget
➢ Simon Commission (1927)
• All British member (SIMON GO BACK)
• Abolish diarchy
• Continue communal electorate
• 3 RTC held: Extend provincial autonomy
Federation establishment
• Communal award (1932)
• Ramsay MacDonald
• Minority depressed class
• Yarvada jail - Gandhi - fast until death
• Poona pact → reservation to SC but joint Hindu electorate (142 seats)
• Moody man commission (1924), Dyarchy examine

➢ GOI 1935: Responsible government

• 321 section, 10 schedule, length
• 3 list → federal, provincial, concurrent
• All India federation could not form because princely state didn’t join
• Provincial autonomy (1937)
• Abolished diarchy (but continued at centre)
• Discontinued in 1939
• Bicameralism at 6|11 provinces
• Communal → SC women labour
• Abolished → Council of India 1855
• Extended franchise (10 % population)
• RBI
• Federal PSC, Provincial PSC, Joint PSC
• Federal court (1937)
 • PSC → Central (1926)

→ Federal (1935)

➢ Independence of India act 1947

• British PM – Clement Attlee
• June 3, 1947: Mountbatten plan of partition
• British rule - total end
• India – sovereign and independent
• 2 nation: right to secede from commonwealth
• Constituent assembly - can form any act
• Abolished → office of secretary of state, power transferred to secretary
of state for commonwealth affair
• Lapse of British paramountcy
• Princely state can join any dominion
• GOI act 1935 → till new constitution framed
• Dropped title of emperor of India
• Lord Mountbatten → first governor general
• 14 members in interim government 1946 → 4 continued in first cabinet
(1947)
• BR Ambedkar was added new along with Maulana Azad and Dr. Shyama
Prasad Mukherjee
• Red Cliff Commission → Boundary between India and Pakistan
referendum was in favour of Pakistan

➢ Making of constitution

• 1943: MN Roy → Idea of constituent assembly

• 1935 → INC demanded for CA
• 1940 → August offer → Accepted
• Composition:
November 1946 → Constituted under cabinet mission plan,
389 seats → 296 (British India, elected in communal way) + 93
(princely, nominated → stayed away) divided among {Muslim, Sikh
and General} (indirect)
296 = 292 + 4
• All personalities except Gandhi and Jinnah
• Dec 9 → Sachidanand Sinha : French practice : temporary president
→ First meeting, M.L boycotted
• Dec 11 → Rajendra prasad selected as president of assembly (B.N Rao)
• Dec 13 → Objective resolution, laid philosophy and fundamental of
constitution
• 1947 act → 3 changes
o Sovereign CA
o Legislative body as well (G.V Mavlankar)
o M.L withdrew
• Commonwealth membership, May 1949
• N flag 22 July, 1947
• N anthem and N song 24 Jan 1950 (Dr. Rajendra Prasad first president)
• 11 session: 2 years, 11 months and 18 days
• 7th session longest
• 60 countries constitution
• 64 lakh expenditure
• 24 Jan, 1950 final session
• Committees: State committee (for negotiating with states)
1. Union power c
2. Union constitution c
3. Provincial constitution c (Patel)
4. Drafting c BR Ambedkar
5. FR advisory (Patel)
 a. FR → JB Kriplani
b. Minorities → HC Mukherjee
6. Steering c (Rajendra Prasad)
7. Rule of procedure (Rajendra Prasad)
• 26 Nov 1949: adopted enacted, preamble enacted after constitution
• BR Ambedkar: modern Manu, father of Indian constitution
• 26 Jan 1950 date of commencement
• Lahore session (Dec 1929)
• 26 Jan 1930 Purna Swaraj day
• Criticism
1. Not direct elected
2. Not sovereign
3. Time
4. Congress dominated
5. Lawyer
6. Hindu

➢ Salient features
1. 42nd amendment mini constitution
2. Lengthiest written c because of geography, history, single, lawyers
3. Various sources
a. Structures part GOI act 1935
b. Philosophical part → FR American
→DPSP Irish and Spain
c. Political part Britain
4. Blend of rigidity and flexibility
5. Federal with unitary bias
a. Federal features {written, 2 govt, sop, rigid, supreme,
independent judiciary, bicameralism}
b. Unitary features {Single c, citizenship, emergency, flexible,
integrated judiciary, governor, all India service}
6. Cooperative federalism → Granville Austin
7. Parliamentary form of government: Westminster
8. Parliamentary sovereignty, not complete
9. Judicial supremacy
10. Integrated independent judiciary
SC: guarantor of FR and guardian of constitution
11. Fundamental rights: Part 3, political democracy, not absolute
12. DPSP: part 4, socialist, liberal, Gandhian, social-economic democracy,
welfare state Minerva mill: Balance of FR-DPSP, basic features
13. Fundamental duties part 4A, added by 42nd amendment, article 51a
14. Secular state: Article 14, 15, 16, 25, 26, 27, 28, 29, 30 and 44
44 article → Uniform Civil Code
Western (negative) vs Indian (positive) secularism
15. Universal adult franchise: 61st amendment → 21 to 18 voting age
16. Single citizenship
17. Independent bodies EC/UPSC/CAG
18. Emergency provisions to safeguard sovereignty, integrity and security of
the country: 352, 356, 365, 360
19. 3 tier government
73rd amendment part IX, schedule 11
74th amendment 9 a 12
20. Articles 21a, 31c, 51a, 123, 213, 312, 143
50 → SOP Judiciary executive
112 → annual financial statement
32 226 368 370
English not in schedule 8
Emergency provisions: 1935 GOI Act
Suspension of FR in emergency: Germany
Fundamental duties: USSR, idea of justice in preamble
➢ PREAMBLE
• Identity card based on objective resolution
• Amended once in the 42nd amendment: socialist, secular, integrity
added, objective resolution is preamble
• 1949 only 4 Maths letter, rest English
• Ingredients
o Source of authority: people
o Nature
o Objectives
o Date
• Keywords: Sovereign, socialist, secular, justice, democratic, Republic,
Liberty, equality, fraternity
• Democratic socialism, not communist socialism, blend of Marxism and
Gandhian socialism
• Direct democracy → referendum initiative recall plebiscite
• Representative democracy → presidential, parliamentary
• Republic also means
o Political sovereignty in people
o Absence of any privilege class
• Justice (Russian Revolution) → Political, Social, Economical: Distributive
justice
• Equality → Civic, political, economic
• Political equality
o Article 325 everyone allowed to vote no discrimination
o Article 326 adult suffrage
• Fraternity assures → dignity of individual
o Unity integrity of nation
o Union of state → no right to secede
o Indestructible Union of destructible States
• Significance of preamble → soul, key, horoscope, Jewel set, yardstick
• Preamble: Part of constitution: KB case, LIC case
o Can amend but not basic structure
o Neither source nor prohibition upon powers of Legislature
o Non-justifiable
➢ UNION

• Article 1-4
• India that is Bharat Union of state rather than Federation → name
quality
• 3 categories of territory → state UT and acquired territory of India wider
expression than Union
• Acquisition of territory → Cession, occupation, conquest, subjugation
• Article 2 → Power to admit, establish new state
• Article 3 → Re-adjusting old States; prior permission of president →
States view →not bound
• Article 4 → Simple majority and ordinary legislation process, no need to
amend constitution under 368
• Ceding to foreign country → Article 368
• Settling boundary dispute → Executive action

➢ Evolution - India

• Integration of princely states

• 552 → Hyderabad police action
• Junagarh → referendum
• Kashmir → instrument of accession
• Dhar Commission → reorganisation on administrative basis(not
linguistic)
• JVP committee → Rejected language formerly as basis of re-organisation
• Faisal Ali → Language accepted
• But rejected one language one state theory
• 1956 7th Constitutional Amendment 14 States 6 union territories
• 1960 Maharashtra, Gujarat
• 1961 Dadra Nagar Haveli
• 1961 Goa, Daman- diu
• 1962 Puducherry → P Kariakal, Yamam, Mahe South
• 1963 Nagaland
• 1966 Haryana, Chandigarh, Himachal
• 1972 Manipur, Tripura, Meghalaya
• 1974 Sikkim: 35th amendment; 36th amendment
• 1987 Mizoram, Arunachal Pradesh, Goa
• 2000 Chhattisgarh, Uttarakhand, Jharkhand
• 2014 Telangana
• 69th amendment → NCT Delhi
➢ CITIZENSHIP
• Constitution gives right: Only citizens → Article 15, 16, 19, 29, 30
• Right to Vote, contest, held public office
• President → Citizen, birth or naturalised
o USA → Only by birth citizen
• Article 9 → Voluntary acquire other citizenship → X citizen
• Citizenship act 1955 → Amended 86, 92, 03, 05
• Acquisition of citizenship
• Birth
• By descent
• Registration
• Naturalisation (decided by central government) oath of allegiance to
constitution Incorporation of territory
• Loss of citizenship
• Action termination voluntary acquire other countries deprivation fraud
disloyal
• Single citizenship → Subject to discrimination
• PIO < OCI → merged now?? going on
➢ FUNDAMENTAL RIGHTS
• Part 3; article 12- 35; US bill of rights
• Magna Carta
• Justifiable
• Protect ideals of POLITICAL DEMOCRACY
• Fundamental → Guaranteed/protected by the C
o Fundamental to development
• Right to property (article 31) deleted → Now it is only a legal right +
constitutional right (article 300a) due to stiff between Judiciary and
legislature

➢ Features
• Some only for citizens 15, 16, 19, 29, 30
• Not absolute but qualified restriction balancing individual rights - social
control Available against States action
• Negative positive both
• Justifiable
• Defended by Supreme Court
• Constitutional Amendment to change them
• Suspension during emergency
• Article 31a: limits their scope: 31b 31c
• Article 33: Army, police etc
• Martial Law restriction
• Mostly directly enforceable
• Article 12: define state; SC → even a private body working as instrument
of state comes under state
• article 13 tow inconsistent with FR is invalid → doctrine of Judicial review
• article 32 → Supreme Court
• Article 226 → High Court
• Law includes → permanent law, temporary law, ordinances, delegated
legislation, customs bye-laws customs
• Doesn't include constitutional amendment
➢ Right to Equality
• Article 14 → equality before law (British, negative) and equal protection
of laws (American, positive)
• Rule of law
o Absence of arbitrary power
o Equal subjection to all citizens
o Constitution is result of rights of individuals
• Indian constitution → Source of rights of individual
• Rule of law → basic feature
• Exceptions
o President, governor
o MP MLA in Parliament/legislature
o When article 31c comes Article 14 goes for implementing some
DPSPs
o Foreign diplomats
o UNO and its agencies
• Article 15 → Prohibition of discrimination on grounds of race, religion,
sex, place of birth
• Condition
• Exception
o Women children
o SC ST
o SEB( socio economic background) - SC ST – OBC; exclude creamy
layer

• Article 16 → Equality of opportunity in public employment; grounds of

only R, R, C, S descent, place of birth

• Exception
• Residence can be condition
• Backward class reservation
 • Religious institutions post can be reserved for particular religion

• Article 17 → Abolition of untouchability

• Forbids practice in any form
• Term not defined in constitution
• Available against private individual
• Doesn't cover social boycott from religious service (some state have
laws - Maharashtra and Chhattisgarh)

• Article 18 → Abolition of title

• Except military and education
• National awards → Cannot be used as suffixes or prefixes

• Principle of natural justice

o Right to be heard
o No one can judge his own case
o Justice seen to be done
o Natural adjudicator

Right to freedom
• Article 19 → 6 rights: speech, assembly, association, movement, reside,
profession
• Freedom of speech
• Protected only against state
• Right against tapping phone
• Right to telecast
• Right to know government activities
• Freedom of silence
• Restriction can be imposed → sovereignty, integrity, security, friendly
relation with foreign state
• Public order, decency, morality, contempt of court, defamation
• Assembly on public land, peaceful and without arms; restriction on 2
grounds
o Sovereignty, integrity
o Public order, traffic
• Right to form Association but it doesn't cover right to get recognition of
association; covers negative right of not to join Association; restriction →
Sovereignty, integrity, morality, public order
• Freedom of movement to entire country → Internal article 19, external:
article 21, going abroad
o Restriction → Public Interest, protecting STs
• Freedom of residence, 2 restrictions
• Right to profession: educational qualification should not be Immoral
• Section 144: 5 people (141 IPC)

➢ Article 20 → Protection in respect of conviction for offences

o no post facto law only for criminal laws
o no double Jeopardy not for department
o no self-incrimination (for both oral and documentary evidence)
• However, it doesn't extend to
o Compulsory production of material evidence
o Give thumb impression, specimen signature, blood specimen
o Compulsory Exhibition of body
• (Extends only for criminal proceedings)

➢ Article 21: protection of life and personal liberty

• Gopalan case: arbitrary executive action and not for arbitrary legislative
action
• Procedure established by law → Meneka Gandhi case → due process of
law
• Human dignity versus animal existence
• Right to privacy
 • Right to free Legal Aid
• Right against solitary confinement
• Right against public hearing
• Right of women to be treated with decency
• Right to Information
• Right to reputation
• Bonded labour
• Right to education 21a (6-14 years)
• 86th amendment → also added 51a
• Fundamental duty
• Article 45

➢ Article 22: protection against arrest and detention (punitive and

preventive)
• Ordinary law cases: right to be informed, lawyer, 24 hours, magistrate
hearing
• Not available to aliens + under preventive detention law
• Under preventive detention law available to aliens also
• Detention should be less than 3 months unless
• Parliament → defence, Foreign Affairs, security
• State legislative/Parliament → Security of state, public order, essential
service
• Example of preventive detention laws
o Conservation of foreign exchange (COFEPOSA)
o National Security act (NASA)
o Black marketing (PBMSECA)
o Narcotic drugs (PITNDPSA)
• Unfortunate as part of constitution India only democratic Nation
 Right against exploitation

➢ Article 23: Prohibition of traffic in human and forced labour

• Available against private individual also
• Immoral traffic, Act 1956
• Forced labour: physical, legal force, economic circumstances
• Exception → Military Service, social service for which it is not bound to
pay

➢ Article 24: Prohibition of employment of children

• Child labour Act, 1986
• 1996, Supreme Court; child labour rehabilitation welfare fund
• NCPCR
• Can’t employ children below 14 age
• Children court → speedy trial

Right to freedom of religion

➢ Article 25 (individual):
• Freedom to conscience, profess, practice, propagate any religion, no
forceful conversion
• Covers both religious beliefs and practices
• Subject to public order, morality, health

➢ Article 26: Manage religious affairs, own, establish, manage religious

institutions (collective), subject to same as above

➢ Article 27: freedom from taxation for promotion of religion, fee can be
levied
Article 28: freedom from attending religious institutions; doesn't apply if
institution established under endowment or trust

Cultural and educational rights

➢ Article 29: any section of citizen, right to conserve its distinct language,
culture, script
• Protects both religious, linguistic, minorities
• Not Limited only to minorities
• Right to conserve language includes right to agitate for protection of
language: public speech - RPA not violated

➢ Article 30 - To minorities (religious, linguistic)

• Establish, administer, education institute
• Compensation amount on acquisition
• Minority term not defined in constitution

Right to constitutional remedies

➢ Article 32
• Right to get FR protected is in itself FR
• Heart of constitution/soul: BR Ambedkar
• Basic feature
• 4 Provisions:
o Move to SC
o SC issues direction, writs, order
o Parliament can give above power to any Court; not to high court
because article 226
o Article 359: President can suspend right to move to SC at National
Emergency
• Jurisdiction of SC is original but not exclusive (HC 226)
➢ Writs
• Habeas Corpus - public + private
• Mandamus first command
• Prohibition forbidden
• Certiorari – Preventive/curative
• Quo warranto - Public office
• HC → any right, within territory, discretion to admit case
• Mandamus can’t be issued against PRIVATE, individual, against president
or governor, Chief Justice of High Court acting in judicial capacity
• Prohibition → Issued only against judicial and Quasi-judicial bodies
• Not against administration, legislative, private, preventive only
• Certiorari → preventive + curative
• Not against → legislature and private; but can be issued for
administration

Armed force + FR
➢ Article 33:
• Parliament only, can enforce law
• Covers civilian employee of force also
• Can exclude court martial from writ jurisdiction of SC/HC so far as
enforcement of FR is concerned

Martial law and FR

➢ Article 34:
• Concept borrowed from English common law
• Not defined
• War, invasion, rebellion, riot
• Declaration of martial law doesn’t ipso facto result in suspension of writ
of habeas corpus
 • Act of indemnity made by parliament can’t be challenged on ground of
violation of FR
• Can’t punish civilians to death
• ML affects only FR

EFFECTING CERTAIN FR
• Article 35: power to make laws to give effect to certain fundamental rights
vest only in Parliament
• Article 16: residence as condition
• Article 32: empowering other courts for writ
• Article 33: police, military
• Punishment for violation of
o Article 17: untouchability
o Article 23: human trafficking
• Even though any of the above matters fail in state list, parliament only can
make laws

Right to property
• 19(1)(f) 3 repeated
• Guaranteed compensation
• Minority education institute
• Personal cultivation land without tiling

Exception to FR
• 31(a) - saving of laws providing for acquisition of estate etc.
• 31(b) - validation of certain act of regulation include 9 schedule scope wider
than 31A
• 31c - saving law giving effect to certain DPSP
• 25th amendment - 39 (b), 39(c) >> Act 14, 19
 CRITICISM OF FR

• Excessive limitation, exception etc.

• No social, economic right
• No clarity/vague terms, public order/reasonable restrictions
• No permanency (right to property)
• Suspension during emergency
• Expensive remedy
• Preventive detention
• No consistent philosophy

SIGNIFICANCE

• Bedrock of democracy
• Material moral protection of man
• Individual Liberty
• Rule of law
• Minority protection
• Secular strength
• Check on absolute powers of legislatures/government
• Foundation of social equality/Justice
• Facilitate participation of people in political and administrative process

RIGHT OUTSIDE PART III

• No tax
• No deprivation of property
• Trade, commerce free throughout India
• Election - adult suffrage
 DPSP
• Article 36-51
• Conscience ( FR + DPSP)
• Irish → Spain
• Ideals to keep in mind while formulating policies
• Instrument of instruction: GOI act 1935
• Concept of welfare state
• Economic and social democracy
• Non justifiable, but can help in examining validity of a law

SOCIALISTIC
• Welfare of people minimise inequalities
• Prevent concentration of wealth
• Equitable distribution, equal pay for equal work
• Healthy development of child
• Free Legal Aid
• Just, humane conditions for work
• Maternity relief
• Secure right to work, living wage, decent standard of life
• Workers participation in management
• Raise levels of Nutrition

➢ Gandhian - Village panchayat, alcohol, beef, cottage industry, SC-ST weaker

section

LIBERAL INTELLECTUAL

• UCC (article 144)

• Early childhood Care Education
• Agriculture, animal husbandry
• Environment protection
• Historic monument
• Separation of powers: criminal procedure code
• International peace and security

NEW DIRECTIVE OUTSIDE PART IV

• Claims of SC/ST to services

• Instruction in mother tongue at primary education
• Development of Hindi language
• Moral obligation political opinion
• Non-justifiable
• Common political manifesto

CRITICISM
• No legal force
• Illogical arranged
• Conservative
• Constitutional conflict between Centre-state, PM-President, CM-governor

UTILITY
• Fundamental for governance
• BR Ambedkar → Goal of Indian Polity is economic democracy as
distinguished from Political democracy
• Beacon light to courts
• Amplify the Preamble
• Facilitate continuation in state policies
• Supplement FR
• Enable position to exercise control
• Crucial test for performance of government
• Common political manifesto
FR DPSP

Negative Positive

Individual welfare Community

Automatic enforceable Legislation required

Void law Can’t void law

Justifiable Non justifiable

Minerva mill → Balance between FR-DPSP is basic feature of constitution

Newly added DPSP

• 39 healthy development of children
• 39a free Legal Aid
• 43a worker in management
• 43b promotion of cooperatives, 97th amendment
• 48a Environment protection
• 44th → 38(2) minimise inequality
 FUNDAMENTAL DUTIES

• Only for citizen

• 4A, Act 51a
• Swaran Singh committee
• 42nd amendment, 42 → By Indira Gandhi
• USSR inspiration
• Japan India → have duties in constitution
• List (10 + 1), 51A 86 amendment
• Provide opportunity for education to child
• Constitution, N flag, N anthem
• Freedom struggle ideas
• Sovereignty, Unity, integrity
• Defend, called upon
• Fraternity, renounce practice derogatory to dignity of women
• Value and preserve culture
• Environment, compassion for living creatures
• Scientific temper, humanism, and spirit of enquiry
• Safeguard public property, abjure violence
• Strive towards excellence, individual + collective
• Some moral, some civic
• Can be enforced by legislation

CRITICISM
• List not exhaustive
• Some vague and ambiguous
• Non-justifiable

SIGNIFICANCE
• Reminder
• Warning to anti-social, anti-national
• Source of inspiration, active participant
• Help examining constitutional validity
• Enforceable by law
• Prevention of insults to National honour act, IPC, RPA, Wildlife act, forest
act, protection of civil rights act (Verma committee)
 AMENDMENT OF CONSTITUTION

• Article 368 → By parliament

• Cannot amend “basic structure” K.B case
• Procedure
o Bill in any House of Parliament
o Minister or private member
No
o president approval needed
o special majority (both house)
No
o Joint session
o if amend and Federal provisions → rectified by half of States by
simple majority
• Must → president must give assent → act
• No → Withhold or return of bill

TYPES
• Simple majority like ordinary bill not under 368
• 368 → special
o special + half states simple

➢ Simple
• New state - admit establish
• S. Legislative Council
• 2nd schedule
• Quorum, salaries of MP
• No of puisne judge in SC
• More jurisdiction of SC
• Use of official language/English
• Citizenship
• Election to Parliament/SL
 • Delimitation
• Union territories
• 5th and 6th schedule

SPECIAL
• Most of constitution
• 50% of total membership → irrespective of vacant seat (⅔ of p + v)
• FR
• DPSP
• Residual of after 1 and 3

SPECIAL + STATES (simple)

• Federal features
• No time limit for States
• Election of president
• Power between Union-state → executive/legislative
• SC-HC
• 7th schedule list
• Representation of states in Parliament
• Power of Parliament to amend Article 368

Amendability of FR: KB case: basic feature

↓
42nd amendment: unlimited power
↓
MM case: Judicial review: basic feature

• Supremacy of constitution
• Sovereign, secular, democratic, federal, unity, integrity
• SOP welfare state
• Judicial review, parliamentary system
• Rule of law balance between DPSP-FR
• Welfare state, equality
• Free fair election, access to justice
• Limited power of Parliament to amend
• Reasonability
• Freedom of dignity of an individual

Balance of flexibility-rigidity
This variety of amending process → wise/rare → G Austin
 SYSTEM OF GOVERNMENT

1. Parliamentary system
2. federal system
3. CS relations
4. IS relations
5. Emergency provisions
6. Special status of J & K
7. Special status to other states
PARLIAMENTARY SYSTEM (basic features)

• Govt. both at centre (74, 75), state (163,164)

• Presidential → executive not responsible to legislature
• Parliamentary → responsible
• Cabinet government → responsible
• Westminster model of government: Britain, India, Japan, Canada
• PM (primus inter parus (1st among equals): PM Role dominant PM form of
government

Features
• Nominal (President) and real executives (PM, with com advices); president:
binding nature
• Majority party rule; coalition also
• Collective responsibility to LS; article 75
• Swin-sink together
• No confidence motion in LS only
• Political homogeneity
• Double membership: Executive are legislatures
• Leadership of PM
• Dissolution of lower house by president on recommendation of PM
• Secrecy

Features of PRESIDENTIAL (USA)

• President → both nominal + real
• 4 years + 4 years + 2 years: fixed tenure
• Kitchen cabinet
• Executive not responsible
• More stable form of government
• No dissolution of lower house
• Doctrine of SOP: Strict E/L/J
Merits of parliamentary
• Harmony between E and L
• Responsible government control via question hour etc.
• Prevent despotism
• Ready alternative government
• Wide representatives (diversity)

Demerits
• Unstable government
• No continuity of policies because of uncertain tenure of Government
• Cabinet dictatorship
• Against principle of SOP
• Government of amateurs (non-expert ministers)

Reason for adopting

• Familiarity
• Preference to responsible government
• To avoid D-E conflict
• Nature of Indian society (diversity)

➢ Swaran Singh committee → Parliamentary system doing well keep it up

(1975); now it is basic feature of constitution

BRITISH VS INDIAN MODEL

• Republic vs Monarch
• British Parliament sovereignty doctrine
• British PM → Member of lower house
• India → Minister → Non-MP for 6 months
• Britain → Legal responsibility → countear sign
• Shadow cabinet in Britain
 FEDERAL SYSTEM

• Relation between C-S

o Federal
o Unitary

• Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain

• Centre’s control over regional government
• Regional government derives power from centre
• Single government
• Constitution written/unwritten
• No division of powers
• Constitution may/may not supreme/independent rigid
• Judiciary may/may not be independent
• Legislative unicameral/bicameral
• Coming together → USA
• Holding together → India
• Why adopted → Large size
o Socio-cultural diversity
• National Unity with regional autonomy
• Term Federation is not used in constitution

• Union of India
o No agreement like USA
o Can’t secede

• Indian model is similar to Canadian model

o Holding together
o Union preferred term
o Centralising tendency
 • Federal government → Dual government
→ Written rigid Supreme constitution
→ Judiciary independent
→ Division of power C-S
→ Bicameral legislature

CRITICAL EVALUATION
• Centre tilted
• Quasi Federal: unitary state with subsidiary Federal features
• Dominance of centre in financial sphere
• Cooperative/bargaining federalism
• C-S → both power from constitution
• Normal versus exceptional circumstances
• Bommai case: federalism: basic feature
• Not administrative convenience but principal
 CONSTITUTION
FEDERAL FEATURES UNITARY FEATURES
Dual policy union-state Strong centre
Written c Union list important residuary power to
centre
Division of powers (3 lists) Indestructible states
Supremacy of c, judicial review Single constitution except J&K
Rigid c Flexible c, 368 only centre can
Independent judiciary No equality f state representation USA
50*2=100
Bicameral Emergency provisions
Single citizenship
Integrated judiciary
All India services
Integrated audit mechanism
Parliament’s authority over states
Governor’s appointment
Integrated election machinery
Veto over state bills
 CENTRE-STATE RELATION

• Legislative/executive/financial power → divided between C-S

• No division of judicial powers (unitary)
• To ensure harmony C-S relation (3 headings)
o Legislative → 4 aspects
o Administrative/executive
o Financial

LEGISLATIVE REALTIONS (4 aspects)

➢ Territorial extent
o (P): Parliament: whole India/ any part of India
o (SL): state/ any part of state
o (P): Extraterritorial legislation

• Certain restrictions
o President for (4) UT’s → Andaman, Lakshadweep, Daman Diu,
Dadra-Nagar Haveli
o Governor → Scheduled area
o Tribal area → Assam: governor (P, SL)
o Tripura, Mizoram: president
➢ Distribution (3) list
• Union list (100) (P) exclusive power: Defence, banking, foreign affair,
currency, atomic energy, insurance, communication, census, audit
• State list: (61) (SL)Normally public order, police, health, agriculture,
prison, local government, fishery, gambling
• Concurrent list (52): Criminal (civil law procedure), marriage, population,
family plan, electricity, labour, welfare, drugs, newspaper, books,
printing press, SE planning
• 42nd → Education, forest, weight, wildlife, justice administrators
• Residuary subject(P)
 • Centre prevails if overlapping or conflict except State Law reserved for
president assent, state law prevails

PARLIAMENTARY LEGISLATION IN STATES FIELD

• When RS passes a resolution: ⅔ pv, 1 year at a time is life of resolution:
state can legislate
• During National Emergency: Law inoperative after 6 months of expiry of
emergency state can also legislate
• When states make request: 2 or more state applicable only to state who
requested; amend-repeal of law only by (P)
• To implement International agreement
• During President’s rule: law continues to operate even after expiry but (SL)
can repeal-amend such laws

CENTRE’S CONTROL OVER (SL)

• Governor reserving bills, for president → absolute veto (though not for
money bill)
• Bill with previous sanction from president
• Financial emergency → President can direct to reserve some bill for his
consideration

ADMINISTRATIVE RELAITONS
• Distribution of Executive powers
o Union list → centre
o State list → state
o Concurrent → state except
• Obligation of states and centre
• Executive power of state must
o Comply with Centre laws
o Not to impede centre’s execute power in state
• Article 365 state fail to comply with centre
 • Centre’s direction to States
o Means of communication National military importance
o Protect Railways
o Mother tongue → Primary education, minorities
o ST welfare scheme execution
• Mutual delegation of functions
o Centre cannot give its legislative power to state
o Single state cannot ask Centre to legislate
• But executive powers can be exchanged: conditionally or unconditionally
o With consent of state → president
o Without consent → parliament
o (2) method → agreement, legislation

Cooperation between (C-S)

• 262 → Inter-state river: Parliament can provide for adjudication
• 263 → ISC by president to discuss common interest
• Full faith to public act record throughout India
• Parliament can appoint authority for I-S trade

All India services (IAS, IPS, IFS)

• (312): R-S resolution for creating new AIS
• Maintain standard, uniformity

Public service commission

• Member appoint remove
• JPSC by parliament appoint remove
• UPSC assist states/SPSCs

Integrated judicial system

• HC judge appoint
• HC transfer P CJ collegium (4+2)
Relations during emergency 352, 356, 360
• 355 ‘C’ will protect ‘S’, ‘C’ ensures compliance of ‘S’
• State EC appoint G remove P
• Office of G against of centre, constitutional head

Extra constitutional devices: NDC, NIC, central councils, Various conferences

governor, CM, secretaries, LG

FINANCIAL RELATIONS
• P union list
• SL state list
• Both concurrent list
• P residuary power
• Distribution → 42% devolution to states

NON-TAX REVENUE
• Centre → Post, telegraph, railways, banking, broadcasting,
coinage/currency, PSU (centre)
• State → irrigation, forest, fishery, PSU (state)
• GRANT IN-AID to states: 2 types
• Statutory: Article 275, finance commission’s recommendation not to every
state, but to those in need
• Discretionary: (PC) Now?

Finance commission (article 280)

• By president, every 5 years
• Quasi-judicial
• Function: Distribution not proceed tax
o Giant in aid governing principle
o Augment C.F state
o Matter referred by president
• Balancing wheel of fiscal federation in India

Protection of state interest

Some bills can only be introduced only with prior approval of president
• Tax in which states are interested
• Agriculture Income definition
• principle on which money distributed to States
• any surcharge on text Duty for centre
Net proceeds → tax collected cost of collection certified by CAG

BORROWINGS
• Centre within/outside India → limit fix by(p,) on guarantee by C.F India
• State: within India → Limited fixed by (S.L), on guarantee by C.F state,
cannot raise any loan without centres consent

Intergovernmental text immunity

• Exemption of Central property from state tax
• Parliament can remove this ban
• Exemption of state property from Central tax
• Parliament can remove this ban too

Exceptions
• Corporation/companies created by Central Government are not tune from
state tax
• Property and income of local authorities situated within a state not
immune from central tax
• Centre can impose excise duty/custom duty

National Emergency: Any modification by president continuous in financial year

and which emergency ends

Financial emergency: High Court Judges salary can be reduced reserve money
bills

TENSION AREAS
• Appointment and roles
• President's rule
• Central forces deployed for law-order
• Reserving bill for president
• Financial allocation
• AIS
• Use of electronic media for political purpose
• Sharing of finances
• Encroachment of centre on state list

➢ Various Commission for PS relation

• Sarkaria, Puchhi
• Anandpur Sahib, Rajamannar
• Administrative reform commission
• W.B. memorandum
 INTER-STATE RELATION

Constitutional provision
• 262 IS water dispute
o Parliament by many adjudicate
o Parliament can provide neither HC/SC to exercise jurisdiction
• River board act → for development
• IS water dispute act → tribunal decision final, no SC/HC review
• Tribunals have been set (Vamsadhara, Mahaday)

• Inter-state Council 263

o President
o Policy coordination implement a
o Inquire and advice ISB states, complementary to article 131 → SCs
jurisdiction to decide legal controversy
• Advisory function, eg. Central Council for health/local government regional
councils for sales tax
• Inter-state Council → PM, CM, administrator, 6 cabinet ministers

PUBLIC ACT, RECORD, JUDICIAL PROCEEDING

• Full faith and credit clause throughout the territory
• Public acts → both L/E cuts
• Civil Court judgements applicable throughout (without the necessity of
fresh suit upon judgement)
• Not for criminal judgement

INTER-STATE TRADE COMMERCE

• Article 301 → free throughout India
• But Parliament can restrict in case of public interest
• Sl in public interest with its state but previous sanction of president
 Zonal Council
• Statutory
• Non constitutional
• State reorganisation Act 1956
• N/E/S/W Central
• HM (common chairman of all 5)+CM( vice chairman 1 year)+2 ministers +
administrators
• Economic, social plan, linguistic minorities, border dispute, IS transport
• Emotional integration
• Arrest regionalism languishment
• Political equilibrium
• Deliberative advisory body

North Eastern Council

• NE council, act of Parliament 1971

• 8 States → 7+Sikkim
• Security + public order
 EMERGENCY PROVISIONS

• Part 18
• Article 352-360
• Rationality → Sovereignty, Unity, integrity
• Federal → unitary structure, without amendment

NATIONAL

• 352
• President declares
• War/external aggression and armed rebellion
• Entire any specified path
• Internal disturbance word removed by 44th Amendment
• Written Recommendation of cabinet
• Judicial review
• Proclamation approved by both houses (1 month)
• If LS dissolved → RS approves → LS when reconstituted (30)
• days to approve
• Once approved → special (⅔ PV) → 6 months at a time (44th Amendment)
(extend for any period) → revocation by president by proclamation (no
parliamentary approval) then resolution of disapproval comes
o Need to pass by LS
o Simple majority
• Declarations 1962 → till 1968
1971 → March 1977
1975 → March 1977
↓
Shah Commission

EFEECTS

• C → executive direction to state in ‘any matter’; complete control of state →

but not suspended
 • legislation any matter but can also six months validity after expiry
• All states are under centre(even if there is no emergency in the state)
• Financial → President, till end of financial year
• Life of LS → 1 year extension at a time but 6 months validity after expiry of
E
• 358 → FR (19) suspended automatically (44th amendment), but only when
declared on ground of War/external aggression (external emergency)
• Laws related to emergency are protected not other laws
• (359) → Suspension of other FR except 20,21; enforcement is suspended,
only those FR which are in presidential order, no automatic suspension
• Both external + internal emergency

PRESIDENT RULE
• State(E)/constitutional(E)
• 356 → Constitutional failure, with/without report, 365 → fail to comply
centre
• Approval by both houses 2 months (LS dissolution 30 days)(simple majority)
→ 6 months (maximum 3 years) → but after 1 year if you want to extend, 2
conditions only
o National emergency
o EC certifies → Cannot conduct election
o ↓
• Revocation (no parliamentary approval)
• PROPER → hung assembly, no coalition, 356, 365
• IMPROPER → Without probing possibility of alternate government, G own
assessment of support without floor test, maladministration, corruption
• Not warned to rectify

EFFECTS
• Executive power can be with President
• Centre can legislate
• President can either suspend dissolve Cm
• President cannot assume power of state High Court
• State executive dismissed
• Parliament can delegate the power to me close to president or any other
specified by him (not in 352)
 • No effect on FR
• BR Ambedkar Dead Letter turned into a deadly weapon
• JR
• Satisfaction of president must be based on relevant facts burden lies on
centre
• SL can be dissolved only after P approved

FINANCIAL (E)
• 360
• Only once approval required
• JR
• Both houses 2 month simple majority
• No repeated approval required
• No maximum time period

EFFECT
• Financial propriety Canon
• Centre → State
• Reduce salary/allowance
• Reserve bills (money/financial bill)
• SC/HC judge salary also

CRITICISM OF E PROVISIONS
• Federal character destroyed
• FR meaningless
• President Dictator
• Financial autonomy of state
• Centre powerful
• But safety valve
 Central government

• President
• Vice president
• Prime Minister
• Central CM`
• Parliament
• Supreme Court

STATE GOVERNMENT
• Governor
• Chief minister
• State CM
• State legislature
• High Court
• Subordinate courts
 PRESIDENT

• Union executive → P/VP/PM/COM/AG

• Head of state, 1st citizen; Symbol of Unity, integrity, solidarity

Election
• Elected members of LS/RS/State legislatures/Delhi, Puducherry
UTs
• L council of states, dissolved assembly members, nominated
members → no vote
• System of PR-STV misnomer preferences 1234 given
• Doubts disputes regarding election → SC
• Indirect election: because Nominal head
• Direct will be costly exercise
• Qualification > 35, citizens qualified as member of Lok Sabha, no
office of profit
• 50 proposes + 50 seconders
• Oath → Preserve, protect, defend the constitution, administered
by CJI
• Immune totally to criminal; but 2 months notice → Civil
proceedings
• Term: 5 years; resignation VP; re-election → any number of times
Impeachment for violation of constitution (but not defined in
constitution) → Any house can start, 1/4 members signed charge
→ Impeachment bill (2/3rd of total membership) passes → goes
to other house
• 2/3rd of total passes → President removed
• 6 months twice for election
• P → VP → CJI Senior-most judge

Powers
• Executive powers
 o All government action in his name
o Appoint PM/CM/AG/CAG/EC/UPSC/Governor/FC/SC/OBC/ISC
o Directly administers UT
o Can declare Scheduled Areas

Legislative
Summon prorogue parliament
Address parliament
Nominate 12 RS 2 LS
Disqualification of MP-EC consulted
Prior permission for some bills
Give/withhold/return bill → Passed again → given assent
(SL) bills can be reserved → Any number of times return the bill
Ordinance promulgation (6 weeks)
Lays report of CAG/UPSC/FC before P

Finance: Money bill, IAF, statement, demand for grant, contingency

fund, FC

Judicial: CJI, judges of SC/HC → Appointed, 143 article

Pardon, reprieve, respite, remission
• Union law
• Court martial
• Any death sentence
Diplomatic: International treaties

Military: Supreme commander

Emergency 352/356/360

Veto power
• Money bill can not be returned
• Absolute Veto withhold bill ends
• Qualified Veto special majority needed
• Supreme Veto simple majority return
• Pocket Veto infinite period (USA 10 days)

No Veto in Constitutional Amendment Bill

Ordinance power (123) During recess of Parliament: only in urgent

matters
• 4 Limitations
When one or both house not in session
o Must be satisfied JR copper case
o Co-existence to parliaments legislative power
o 6 weeks time from reassembly

• Maximum life can be → 6 months + 6 weeks

• Not discretionary only on advice of CM
• Can withdraw Ordinance anytime
• Cannot amend constitution
• DC Wadhwa case → Ordinance power cannot be used as a
substitute for legislative power
• Pardon → total off
• Commutation → substitute lighter
• Remission → reduce period
• Respite → pregnant disable reduce
• Reprieve → Stay for temporary period
• Governor
o Only state laws
o Cannot pardon death

Constitutional position
• Nominal head
• Ceremonial device or seal BR Ambedkar
• Advice of CM can ask them to reconsider → it only once
• No constitutional discretion
• Situational discretion
o Appoint p.m. when no clear majority
o Dismal of CM after NCM passed
o Dissolution of LS if COM lost majority
 GOVERNOR

• Nominal/titular head of state

• Agent of Central Government
• Appointed by president under his hand seal, enable centre to
maintain control over States
• Qualifications 35 citizen
• Convention outsider CM consulted
• Immunity → Same as P as
• Term 5 years subject to pleasure of P
• Resignation to P
• Executive, legislative, financial, judicial power
• Cannot pardon death
• Reserve bill for P → his role finishes
• Tribal welfare minister in MP, Orissa
• Chancellor of universities in state
• Recommend P role imposition
• Nominate 1/6 members of SL Council, 1 member Anglo Indian to L
assembly
• Consulted by P while appointing High Court Judges
• Appoint district judge in consultation HC
• Person to judicial service at HC/state PSC consult
• Money bill cannot be returned by G or P
• Need instruction from before ordinance in three cases
• Constitution and messages the possibility of governor acting in his
direction
• Ministerial advice → non-binding
• constitutional discretion
• Reserving bill for p
• P rule imposition recommendation
• When exercising his function as administrator of UT
• Amount payable by ATM to autonomous district
• Seeking info from FM
• Situation discretion same as P
• Certain special responsibilities to discharge according to directions
Issued by P; eg. Maharashtra Gujarat development boards special
cases of state
• Dual role constitutional head of state and representative of state
 VICE PRESIDENT

• Members of both houses of Parliament (nominated + elected)

participate in election
• PR-STV
• Citizen – 35, no office of profit, qualified for member of RS
• 20 elector + 20 seconders
• 5-year term
• Impeachment not needed
• RS → absolute majority (50%+1)ls agreed
• Election disputes SC
• Function Ex officio chairman RS
Act as P when office vacant but max 6 month
USA till term VP will be P
• Maintains political continuity
 PRIME MINISTER

• Real executive → PM → head of govt

• Nominal → P → head of state
• Appointment → nothing in constitution
• Convention → majority party P
• If no majority → discretion of p
• Seek vote of confidence within 1 month of appointment
• No need to be MP → But 6 month time
• Oath uphold sovereignty, integrity of India
• Term not fixed, pleasure of P
• PM resign/die COM automatically dissolves (not the LS)
• Power
• Recommend ministers to P
• Portfolio management
• Principal channel of communication to P
• Advise P for appointment of EC/UPSC/CAG/AG
• Leader of lower house
• Advise P for summer/proroguing session
• Leader of nation/party in power
• Political head of services
• 74 COM to aid, 75 collective responsibility
 CHIEF MINISTER

• Vice chairman → zonal council

• 163-74 COM to aid
• 164-75 collective responsibility
• 167-78 functions of CM/PM
• Member of ISC/NDC both headed by PM
• Appointed by governor
• Rest same as PM
 CENTRAL COUNCIL OF MINISTERS(COM)

• COM → headed by pm → real executive authority

• 74: COM to aid-advise P; Advise shall not be inquired into any
court
• 75: Collective responsibility
PM recommends CM to be appointed by p
91st amendment PM + CM → 15% of LS’s strength
Anti-defection: no minister(can’t be)
• 6 months non-MP minister
• 42/44th amendment advice binding on P
• Even after dissolution of LS → COM exists
• Any exercise of executive power by P without aid-advise of COM is
unconstitutional
• Minister of one house can speak, take part in other house also but
can’t vote
• Oath of secrecy
• Salary determined by parliament
• Responsibility → Collective (75) → includes ministers of RS also
→ Individual
• No legal responsibility
• Cabinet ministers
• Minister of state
• Deputy ministers
• COM (original constitution75) vs cabinet 21.5 (44TH amendment
act 352, Speedy functioning)
• Kitchen cabinet → Non-MP also
• Shadow cabinet → of opposition party
• Cabinet committees extra constitutional
• Found in rules of business
• Type → standing (permanent)
↓
Ad-hoc(temporary)
• 3-8 members
• Set up by PM
• 4 IMR → PAPE
• PM → political affair → super cabinet
• PM → Appoint cm
Parliamentary affair → home minister
• PM → economic affair
 STATE COM

• 163-74
• 164-75
• 167-78
• Advice not binding on G
• COM Minimum → 12
• Maximum → 15% of strength LA
Tribal welfare minster C, J, O, MP
• Rest same as central COM
 PARLIAMENT

• Legislature organ of central govt.

• 3 part LS (lower house, 1st chamber, popular house)/RS(upper
house, 2nd chamber, house of elders)/P
• Composition RS → 250 → 238+12(nominated: art, literature,
science, social service)
↓
Indirectly elected, state legislative assembly, PLR/STV UT-
Delhi/Puducherry, special electoral college

• LS → 552 → 530(states) + 20(UT) + 2 Anglo-Indians(nomination)

↓ State and UT direct elections
System of election (FPTP)
• Territorial constituencies: Census(recent)
• Readjustment done after each census. But 42nd amendment froze
the delimitation act 1976
• Now till (2026) for population control measures
• SC/ST reservation
• PR not adopted for LS but RS/P/VP/state L council (PR-STV)
• Duration: LS → normally 5 years → after which automatically
dissolves (not permanent)
• RS permanent house, every 2 years, 1/3rd members get changed,
• 6 years one team of a member

MP

• Qualification citizen, oath, voter

• LS → 25, RS → 30
• Disqualification office of profit, unsound mind, insolvent, not
citizen, imprisoned 2 years of more, guilty of corruption,
untouchability, communal, dowry, sati
• Disqualify him with EC consult
• 10th schedule → Anti defection speaker/chairman
• Vacating seats
• Double membership
• Disqualification
• Resignation
• Absence; 60 days without permission
• Other cases
• Oath affirmation before P or any person- only after oath → MP
can vote, sit in parliament

PRESIDING OFFCERS

• Speaker No need to quit party

No separate oath
• Elected from its members
• Removal resolution 14 days notice
• Can vote at first instance
• Not in case of equality
• His decisions in all parliamentary matters are final
• Maintains order and decoram in house
• Final interpreter of constitution within house
• Quorum – 1/10th of total strength
• Casting vote
• Presides joint sittings
• Can allow secret setting
• Money bill decided by him
• Deflection disqualification
• Ex officio: Indian parliamentary group
• 7th rank with CJI
• Deputy speaker: not subordinate to speaker
• Panel of chairperson:
10 or less, nominated by speaker
Court preside office speaker vacant(deputy speaker)
• Speaker pro → term temporary for 1st sitting

RS

• Chairman: VP ex-officio chairmen

• Same of speaker of LS except
Joint sitting
Money bill
• Not a member of house
• Casting vote

• Deputy chairman:
• Member of house
• Not subordinate

• Panel of vice-chairpersons: nominated

• Can’t preside when office of chairman and vice-chairman is vacant

• Secretariat of parliament
• Headed by secretary-general
• Appointed by presiding officer
 LEADERS IN PARLIAMENT
• Leader of house (not mentioned in constitution): PM/any minister
nominated by PM
• Leader of opposition(not mentioned in constitution): largest
opposite party with at least 1/10th seats
Constructive criticism
Alternate government
• WHIP: conventional office – attendance + behaviour
• NCM can’t be moved twice in same session

SESSIONS OF PARLIAMENT

• Summoning by P
• Maxm gap 6 months
• Budget 4
• Monsoon 3
• Winter 2
• Adjournment: for specific period
• Adjournment sine die: indefinite period, by presiding officer
• Prorogation P: issue it after some days of house adjourned sine-
die
↓
Terminates session of P
• Quoram: 1/10th of total strength
• Voting Ordinary majority → maximum case/joint sitting
Absolute → removing presiding officer
 Special → Impeaching P, CAB
Hindi - English → language of house
• Lame-duck session → last session of LA
Dissolution: all business lapses
Bill in LS → lapse
Bill passed in LS but in RS

DEVICES OF PARLIAMENTARY PROCEEDINGS

• Question house: 1st hour → oral answer

• Short notice que <10 days notice oral answer
• Zero hour: Indian innovation, can ask anything
• Motion to discuss any matter
Substantive: impeachment
Substitutive: substitutes and proposes alternative
Subsidiary ancillary/superseding/amendment
• Closure motion to stop debate
Simple: sufficient discussion
By compartments
Kangaroo: only important closures discussed
Crulliotine
• Privilege motion : breach(against minister)
• Calling attention of minister (urgent public importance)
• Adjournment motions attention of house
• 50 members support needed min: 5/2 for discussion
• No confidence motion 50 members resign
• 9 censure motion minister/cm, need not resign
• Motion of thanks, 1st session (must pass)
• No day yet named motion
• Point of order
Proceeding not following normal course
• Half an hour discussion
Sufficient public importance
3 days/week
• Short duration discussion
2-hour discussion
Urgent public importance, no vote
2 days/week
• Special mention (in RS)
Nowhere, can raise/raise by this
LS notice under 37
• Resolutions: draw attention to matters of general public interests
Private member R
Government R
Statuary R
• Every resolution is a notion
• All resolutions required to be voted upon
• Youth parliaments: ministry of parliamentary affair

LEGISLATIVE PROCEDURE
• Bill Public (if defeated → confidence → resignation)
Private
1 month
• 4 type Ordinary
Money
Financial
CAB
• Ordinary bill: 5 stags
• 1st reading: ask for leave of the house → leave granted → read
title + objectives
 No discussion → Bill published in Gazette of India
• 2nd reading: most important stage
• Stage of general discussion Select committee (only 1 house)
Joint committee (both houses)
• Consideration stage: clause by clause
• 3rd reading: acceptance or rejection only
• Bill in second house
All 3 stages of reading
6 months time → deadlock → joint sitting
• Assent of president
Give
Withhold
Return once

Money bill →
• Type of financial bill
• Art 110
• Tax, borrowing money, CFI, cont FI
• Only in LS
• President prior approval
• Speaker decides if money bill or not
Decision → final
• Only by minister → govt bill
• RS → only recommend; 14 days
• President → can’t return it
• Requires speaker certification when transmitted to RS
• Defeat leads to resignation

Financial bill(1)
• Money bill only LS
• Prior approval of P
• Rest same as ordinary bill

Financial bill(ii) → CFI

Ordinary bill in all respects

• Joint sitting → To resolve deadlock

Bill rejected by other house
Amendments not agreed upon
• 6 month passed
• Only for ordinary and financial bill
• Speaker fo LS: presiding officer
• Deputy speaker → Deputy chairman
• VP not presiding joint sitting as he LS not MP

BUDGET
• Annual financial statement
• 112
• Estimated receipts of expenditure/April-3/march
• 2 budget → Railways → Acworth committee
→ General
• No demand for grant except P
• Parliament can’t increase tax
• Taxation bill → only in LS
• RS → no power to vote on demand for giants
• 2 expenditure shown separately
• Charged on CFI/charged from CFI
• Non votable
• P, chairman, speaker, UPSC, CAG, SC, HC
 • Debt charges

STAGES
• Presentation: railway + general (in LS)
• General discussion: 3-4 days
• Scrutiny by departmental committees (24)
• Voting on demand for grants
• Demand by ministry → grant {109(103+6) + 32}
• Exclusively by LS
• Only for votable part of budget
• Cut motion(3)kind
• Policy cut motion; reduce to re
• Economy cut
• Taken cut by RS
• Ventilates specific: grievances
• 26 days: allotted for voting of demands at last day → guillotine
• Passing of appropriation bill
• Govt can withdraw money now
• But meantime expenditure → vote on account generally for 2
months
• Passing of finance bill: for income part
• Amendment can be moved unlike

OTHER GRANTS
• Supplementary: insufficiency
• Additional: need arises because of some new services
• Excess: if money already been spent on excess
• Vote of credit: for meeting unexpected demand upon resources of
India: blank cheque to executives
• Taken grant: re-appropriation funding new scheme
• Re → grant submitted

FUNDS
Consolidated:
• Fund of India
• All receipts are credited
• All payment are debited
• All legally authorized payment on behalf of GOI
• Revenue, loans, repayment of loan

Public account
• All except above
• Received by GOI
• PF, judicial deposits, saving bank, deposits, departmental deposits
• Executive action
• No parliamentary appropriation needed

Contingency
• Amount paid to it time to time
• P → unforeseen expenditure
• Fund held by finance secretary
• Executive action only
Role of parliament
• Legislative; law, ordinance, delegated
• Executive
• Financial, budget → 3 committees; Principle of annuality march
rush, rule of lapse
• Constituent power, amend the constitution
• Judicial power: impeaching P, remove VP, removing judges,
(CAG/UPSC/EC)
• Electoral power: P/VP/Speaker
• Other Highest deliberative body
Emergency approval
Jurisdiction of SC/HC reorganized
• Parliamentary control: ineffective, theoretical, laymen, complex
administration, time, guillotine, ordinance, delegated legislations,
lack of strong opposition, lack of ethics

Position fo RS
• Equal → ordinary CAB, P impeachment election VP, removing
judges, ordinance, emergency
• Unequal → money bill, finance bill, speaker, joint sitting, budget,
demand for grants, discontinuing national emergency(only LS),
NCM(only LS)
• Special →
• AIS, state list legislation
• Not as weak as house of lords
• Not as strong as senate
• (12) special nominated members
COMMITTEES
Ranks P>VP>PM governor
Deputy PM> former
CJI, speaker
Cabinet minister, CM
 SUPREME COURT

• Unified judiciary
• Federal court 1935 → SC(1980)
• Organisation: 31 judge, SC act amendment 2008
• Judges: appointment P + 1st/2nd/3rd judge case(4 judge
collegium)
• CJI senior most judge
• Qualification → citizen, HCJ(5), AHC(10), distinguished
• Oath before P
• Tenure: not fixed: 65, resign to P
• Removal: impeachment: 2/3rd+ ½ total
• 2 ground: misbehaviour, incapacity
• Judges inquiry act → procedure → 100 LS/50 RS
• Admit → 3 member committee CJSC/JSC arid
• CJHC and jurist → guilty → resolution
• Salaries: CFI
• Acting chief justice P: judge of SC
• Ad-hoc judge: CJI appoint, judge of HC after consulting CJHC,
previous consent P
• Retired judge: CJI, consent P
• Seat of SC → Delhi, CJI can appoint other places as seat of SC with
approval of P
• Procedure → normal → 3 judge bench
143 → 5 judge bench

• Independence of court → guarantor of FR, guardian of

constitution: security of office
• CFI, conduct can’t be discussed, ban on practice after national,
contempt, staff, jurisdiction can’t be curtailed, SOP
 JURISDICTION/POWER
• Final court of appeal, interpreter, guardian
• Original: centre, state, state-state, exclusive exception: pre-
constitution treaty, SW disputes, FC matters, ordinary commercial
disputes, recovery of damages by state against centre
• WRIT as guarantor, defender: HC/M/P/C/QW
• HC writ jurisdiction wider than SC
Appellate: constitutional, civil, criminal, special leave
Certificage of HC needed in most cases- except
Death sentence → (1970) → 10 years in imprisonment
Special leave is not a right, not for (military court)
• Advisory (143) → (2) → question of law/public importance
Dispute pre-const. treaty, agreement(must give advice)
Not binding
Also known as consultative jurisdiction
• A court of record: record judgment etc + contempt
• Judicial review: basic feature: both for L and E order procedure
established by law Maneka Gandhi case
Due process of law (reason suitability)
Judicial supremacy + parliamentary supremacy
• Election of P/VP dispute, SC inquiry/UPSC binding
• Advocates : senior/advocate on record/other
• USA federal court: naval, maritime, ambassador cases, appellate
jurisdiction → constitutional cases only, no special leave, no
advisory jurisdiction, due process of law, power limited to
constitution (no enlargement), double judicial system
 High court 25

• 1862: 1st time; Calcutta, Bombay, Madras, 1866 : Allahabad

• Constitution → HC in each state but doesn’t specify strength of
HC, discretion of P
• CJHC → P + CJI +G, other P + CJI +G + CJHC
• CJI → consults → collegium of 2 senior judge of SC
qualification → citizen, 10 year judicial office, 10 year HC advocate
• Removal by P on parliament recommendation
• Age 62: decided by P + CJI
• Transfer → P consulting → CJI + CJHC both
• Acting CJHC → By P
• Adding /acting judge + P for max 2 years
• Retired judge → by CJHC, consult P
• Independence of court, same as SC
• Jurisdiction and power of HC can be changed by both parliament
and SL except as specified in constitution
• Jurisdiction: revenue matter after 1947
• Original will, divorce, marriage, company law, contempt of court,
4 HC have original jurisdiction in case of higher value
• Writ 226 in concurrent with (32), wider than SC
• Writ jurisdiction → basic structure
• Appellate jurisdiction : Calcutta, Bombay, madras → intra-court
appeal
• Criminal matter: > 7 year jail or death sentence
• Judicial review (term not used in constitution) → 4E order of both
centre/state govt
SUBORDINATE COURT
• District judge: By G + HC consultation(7 year advocate)
• Other than above: G + SPSC + HC
• Control for posting, transfer inferior to post of district judge is
vested in HC
HC
District session judge court
Civil Criminal
Subordinate Chief judicial
judges court magistrate court
Munsify court Judicial magistrate
court(3 years)
 PRI
• 73rd amendment, 11TH schedule, part IX, 1993 enforced
• Evolution Balwant Rai Mehta, 1957
• Ashok Mehta 1977, SC/ST reservation
• GVK Rao 1985, regular election
• 1986 IM Shighavi: constitutional status recommended
• Rajasthan: 1ST state, 20 Oct 1956
• 3td amendment: participatory, direct democracy
• Significance: part IX, 11 schedule, 29 function, gave shape to article 4
• Article 40, given shape of DPSP; Gandhian

• Salient features
• Gram Sabha
• 3 tier system
• Election procedure: direct + indirect
• Reservation: SC/ST (1/3) women
• Duration: 5 years
• Disqualification
• State election commission
• Power and function: 29 matter
• Finances
• Consolidated fund of state
• Audit of accounts: state legislature
• Application of PRI to UTs as P specify
• Exempted state: J&K, Naga, Meghalaya, Mizoram(PESA)
• Bar on interference by courts
• Eleventh schedule: 29 function
• Compulsory provisions: Above (9) + age (21)
• Voluntary provision: representation to MP/MLA, OBC, financial
power
 ULB
• 8 types of UL government
• Ripon → father of local self-government
• 74th constitutional amendment; IX A(243P-2432G)
• 12th schedule, 18 items

Salient features
• 3 tier municipality, Nagar panchayat, M council, M corporation
• Composition
• Ward committee (3 lakh)
• Reservation
• Duration
• Disqualification
• State election commission
• Power: SE plan
• Finances: authorise, assign, provide
• Audit of account: state legislature
• Application to UT
• Exempted 9 state’s scheduled area/tribal area
• District planning committee: provision by state legislature
• 4/5 member elected by elected member of distinct panchayat and
municipality in district among themselves
• Metropolitan planning committee; (2/3rd member)
TYPES OF UL GOVERNMENTS
• M corporation: by act of s legislature and in UT by parliament
• Municipality
• Notified area committee (nominated)
• Town area SL committee
• Cantonment board(c act 2006)
• Township
• Post trust (act of parliament)
• Special purpose agency (function based not area based)
 UNION TERRITORY

• Centrally administered territory

• 1st constituted by 7th amendment (1956) and state reorganisation
commission (1956)
• HP, Arunachal, Tripura, Manipur, Mizoram, Goa
• Portuguese: (Goa, Daman and Diu, Dadra Nagar Haveli)
• French: Puducherry
• Year of creation: A & N → Delhi → Lakshadweep (1956)
• Dadra Nagar (1961) → Daman (1962) → Puducherry (1962) →
Chandigarh(1966)
• Administration: article (239-241) part VIII by P through
administration: 3 → LT. governor
• Delhi, Puducherry → SLA (CM + COM)
3 matter → Public order, police, land
• Delhi → Own HC, other jurisdiction
• Special provision; Delhi, 69th amendment
• Strength of co-minister → 10% of total MLA
• CM appointed by P
• Lt Governor can promulgate ordinance
• HM advisory committee MP (SE development)
Administration (SE development)
Local body member
• 5 UT without LA
 SA/TA
ATM2 6th schedule

5th schedule

• Aboriginals; SA
• Declaration of SA: P consult G
• G special responsibility
• TAC: 20 member, ¾(ST, SLA)
• P appoint commission
• Scheduled area of any state
• S tribes of any state except ATM2

6th schedule
• S tribes of ATM2 only (not Manipur)
• Anthropological specimen
• Autonomous districts → auto regions
• G empowers to reorganise
• District council: 30 member → 26(elected) + 4(G)
• Can make laws but absent of G required
• Acts of parliament 85% don’t apply to them or applied with special
modification
• G appoint commission
• Area → 3+3+3+1 → (1) in Tripura
 ELECTION COMMISSION
• CB, article 324
• Parliament, State legislature, P, V, P election
• State EC → PRI + ULB(urban local body)

Composition → CEC+ (2) EC → equal → judge SC

• Appointed by P
• Condition of service and tenure → P
• Hold office → 6 years/65 year, regional commissioner (RC)(by P)

Independence
• Removal → Judge SC → CEC
• Consult CEC → EC/RC
• Not → qualified on, specific terms, not debarred

Power
• Administrative
• Advisory
• Judiciary
• Territorial area: delimitation commission
• Electoral roll
• Notify data and schedule
• Court of dispute → recognition of PP, symbol allotment
• Cancel polls
• Sate EC → chief electoral officer (appointed by CEC → in consult
with state govt) → district RO → RO → presiding officer
(last 3 appointed)
 UPSC
• Recruiting body
• Part XIV, article 315-323

Composition → chairman + 9-11 members

• Strength → president
• ½ member → 10 year service
• 6 yrs/65

Removal → SC inquiry, in case of misbehaviour

• Direct by president → insolvent/outside employment
• Unfit to continue (mind/body)

Independence
• Expenses (CFI)
• Removal (above)
• Chairman → no further appointment
• Member → UPSC chairman/SPSC chairman
• No reappointment

Function: conduct exam, assist states, disciplinary, reimbursement,

claim pension, award
• Annual report → performance (president)

Limitation: President can exclude service matter from preview of UPSC

But lay before parliament 14 days at least
Role: watchdog merit system
• CVC vs UPSC

SPSC → article 315-323

• Appointment → governor, removal → president
• 6 years/62 YRS
• Joint PSC → act parliament
• Chairman/member → appoint/removal → president
 FINANCE COMMISSION
• 280, quasi-judicial, every 5 years by P

Composition: 1+4+ P reappointment

• Parliament qualifications
• Chairman: public affair+ 4 judge HC+ 3(finance, economics, admin)

Function (4): Tax approved, grant in aid, augment, advise

• Report to president

• Advisory role
• 13th FC: Kelkar
• 14th FC: YV Reddy
• 15th FC: NK Singh

NCSC:
• SC + OBC + Anglo Indian
• Article 338
• NCW (92)/NCBC(93)/NC MIN(93)/NHRC(93)/NCPCR(2007) →
statutory

Evolution
• 338: special officer SC and ST
• 1978: non statutory multimember commission SC/ST
• 1987 renamed NC SC and ST
• 1990: 65th amendment: high level, multimember NC SC/ST
• 2003: 58th amendment → NCSC/NCST → 338/338A
• 2004: NCSC existence

Composition → C, VC, 3 member P (3 year term)

Functions → investigate monitor, inquire, participate/advice, SE

development, annual report to P, recommendation

Power → civil court, consulted by government in major policies

NCST

• Art 338(a)
• 1999: Min of tribal affair
• Same as above

Special officer linguistic members

• Appointed by P
• Duty to investigate, safeguards
• Qualification etc. not specified
• Article (350-b)
• HQ → Allahabad(3 → Bengaluru, Chennai, Kolkata)
• Under ministry of minority affair
CAG:

• Article 148
• Appointment by P
• Guardian purse of public and control entire financial system
• SC/EC/UPSC
• 6 years/65
• Removal as judge of SC: only by P
• No reappointment
• Expenses → CFI

Duty and powers (audit) only

• CFI expenditure, CFS/contingency/public account

• Department state/centre
• Government companies
• Corporation, bodies, private companies
• Local bodies on request by P
• Advise p
• Audit report P and G
• Certifies not proceed
• Guide, friend, philosopher PAC of parliament
• Submits - 3 audit reports → Appropriation , finance, PSU

Role: financial administration, responsible only to parliament

Audit legal, regulatory + propriety, limit: secret service expenditure

 ATTORNEY GENERAL

• Article 76: highest law officer in country

• P appoint, goes with govt (convention) but POP
• Qualified as judge SC, term → X

DUTIES: advice, represent, appear in all cases of SC

143 reference through him

RIGHTS:

• Speak, take part in parliament, joint sitting, any committee,

privileges, immunity of MP
• No right to vote
• Can do private practice

Solicitor general:

• Assist AG, not constitutional

• AG: not member of cabinet → law minister
• Remuneration P determines, president
 ADVOCATE GENERAL

• Article 165
• Governor POG convention
• Member of LA but no right to vote

NCR → NDC/NHRC/SHRC/CVC/CIC/SIC/Lokpal

NDC

• National development council

• 1952 established, executive order

Composition → PM + cabinet + CM + admin UT + PC member

Objective

• Centre-state co-op, plan execution

• Strengthen mobile resources
• Promote common economic policies
• Ensure balanced rapid development

Function

• Guideline plan
• Assessment of resources
• SE policy
• Review plan
• Recommend aim target
Critical evaluation

• Bridge link
• Regional parties’ role importance increased
 NHRC
• Protection of hr act 1993(statutory)
• Watch dog hr
• Specific
• Strengthen institutional arrangement
• Independent look into allegation
• Complement affairs

Composition (1+4+4), 6 member(2+2+2)

• 6 → PM/HM/LOOO/S(speaker/chairman)/DC → 70years/5 years
• No reappointment
• Removal → direct P + SC inquiry(misbehaviour)

Function → inquire submit, intervene, visit jails, review constitution,

recommend, international treaties, research, NGO

Working →

• HQ → Delhi, civil court power, own staff for investigation; 1 years

limitation
• Only recommendation, no punishment
• Govt: 1 month military: 3 years
• Annual report: central/state government (not to P or g)
 SHRC

• 1993 act
• 25 states except
• Only state list, concurrent list
• Composition → 1+2, appointment G, 4 members (2+1+1)
• 4 → CM+HM+S+LOO → 5 YEARS/70 years
• Removal → president
• Annual report → state government
• No military jurisdiction
• HR courts: every district
 CVC
Main agency prevent corruption in central government

Santhanam committee on prevention of corruption (1962)

Composition → CVC + 2 VC, P → 4 years/65

No reappointment, removal → direct P+ SC inquiry

Salary similar to UPSC

Function → inquire/investigate: public servant

Group A, specified officer, DSPE superintendence give direction DPSE,

review progress, advise central government, superintendence vigilance
admin

Jurisdiction: all India service, group A, PSB, NABARD, SBI, PSU

executive, CFO general insurance, LIC, 8700/pm

Working: HQ: Delhi, civil court 4, consultation, by central government,

in vigilance and admin, disciplinary matter AIS

3 member → PM+CM+LOO

CVC → report → president

 CIC
• RTI, 2005
• Chief IC → 10 IC regional
• Appoint P → removal as UPSC
• 3 member committee PM + LOO + one cabinet minister
• Person of eminence in law, SNT, social service, management
• Salary similar to EC, 5yrs/65

Power

• Receive and inquire into complaint PIO

• Scio moto inquiry
• Civil court
• Public record
• Secure compliance
• Training
• Annual report from public authorities
• Imposing penalties
• Annual report to centre
• Conformity that public authority must follow RTI
SIC

• RTI, 2005
• G, removal G, imp but SC inquiry
• In case of misbehaviour or incapacity
 OFFICIAL LANGUAGE
• Part XVII
• Article 343-351
• 4 head
• Language of union
• Regional L
• Judiciary L
• Text of law and specific directives

Languages of union

• Hindi: official
• English: earlier for 15 years, now continued
• President appoint commission → examined by parliament
committee
• Official language act 1963; English continuation
• Hindi: Lingwa Franker constitution
• 1967: amendment: English compulsory in some case

Regional languages

• No official L for stats

• Choice not limited by schedule 8
• Kashmir: Urdu, NE → English
• 1963: English used between union and non-Hindi states
• President satisfied may direct for recognition of some language in
any state
Judicial language

• English only
• English only
• SC, HC
• Authoritative text bill, act, rule, regulation, bye-laws, ordinance
• However G with consent of P authorise in any other language but
not wrt judgements and orders
• State legislature: use any language for acts, bill ordinance but with
English
• Official L act 1963, Hindi text: authoritative (act, bill → any language
+ English must)

Special directives

• Protection of linguistic minorities

• Aggrieved person can use any language
• Mother tongue: primary education
• P appoint special officer lingual minister
• Development of Hindi language
• Lingua Franka (duty)
• Enrichment of Hindi
• 22 scheduled language specified
• For 2 reason → member of them given representation in official
language commission and use their form, style, expression to enrich
Hindi

PUBLIC SERVICES
• S. Patel: Father of all India service
• Article 311 → Doctrine of pleasure
• Classification
• 3 AIS, central, state
• AIS → IAS/IPS/IES trained by centre, appointed states, salary by
states, disciplinary action → centre
• Central services: exclusive jurisdiction: centre
• 58 group A services
• IFS → foreign service: highest among them
• State services → exclusive jurisdiction state, civil service, judicial,
medical, police etc.

Constitutional provisions

• 308 to 314
• 308: not for J & K (mentioned)
• 309: parliament/SL regulates recruitment and reasonable restriction
of FR imposed
• 310: hold office pop however exception 2
• 311: Doctrine of pleasure, 2 safeguard
• Authority subordinate can’t remove
• Inquiry, informed, reasonable opportunity
• Not for defence service/military service
• Not available in 3 cases (conduct, not practical, P G satisfied)
• Reasonable opportunity of being HEARD

All India service

• 312: parliament can create new AIS if RS passes a resolution, 2/3 PV

• Parliament can regulate recruitment AIS act, 1951
• AI judicial service → district judge (min)
42nd amendment made for its creation but no law made so far

Other

313: until otherwise provided, all laws before 1950, applicable to AIS
will continue
 TRIBUNALS
323 A → administrative tribunal

323 B → other tribunals

Originals constitution: no provision

42nd amendment → part XIV-A → 323A/B

Administrative tribunals

• Dispute related to recruitment and condition of person appointed to

public service anywhere
• AT act 1985
• CAT → 1985, Delhi (principal bench)
• 17 regular bench → 15 HC+ Lucknow, Jaipur
• Jurisdiction → AIS, central /civil service, civil post under centre, civil
employee of defence (chairman, 16 VC, 49 member) P
appoint/62/5(member)
• Not bound by civil procedure code 1968
• Principle of natural justice (50 Rs fees)
• Appeal → earlier SC not SC+HC
• SAT → 1985(established by central govt. on request of state
concerned)
JAT(joint AT, appointment P consult with G)

323B

• Tribunal for other matter

• Parliament/SL
 • Taxation
• Foreign exchange EX 1m
• Industry labour
• Land reform
• Ceiling on urban property
• Election to parliament/SL
• Food stuff
• Rent and tenancy act

323A

• Public service matter

• Parliament only
• One centre, one: state/joint
• No ques of hierarchy

323B

• Other matter
• Parliament + SL
• Hierarchy may be created
• Chandigarh bench of CAT → H/P/HP/C + J&K (5)
• Calcutta → WB/Sikkim/AN(3)
• Guwahati → ATM, Naga, Arunachal P(3)
 SPECIAL PROVISIONS
SC and ST
• Part XVI, III, IV
• Permanent, temporary
• Protective, developmental
• P to specify who to be SC/ST
• Constitutional safeguard → election reservation
• Occupational reservation 82nd amendment → relax standard
• NCSC/NCST: report P, grant in-aid
• 5th, 6th schedule, tribal welfare min C, J, O, MP
• Art 15(4): State can form special provision for SC/ST
• ART 15(5): education reservation aided/unaided except minority
institutions
• Art 19: can be restricted on ground to protect
• Art 46: promote educational, economic interests
• BC constitutional safeguard: Art 15(4), 15(5), (46)
• Tribal welfare min → additional charge of BCs
• Commission by P to investigate
• NCSC look into their interests
• 1st BC commission: Kaka Kalekar (1955)
• 2nd BC commission, BP Mandal(1980), 1990 → 27% reserve
• 1993 NCBC: 5 member, nominated by central govt, 3 years,
inclusion-exclusion in list
• SC/ST/OBC reservation → 15/7.5/27
• In promotion → 15/7.5/0
Minorities

• 2 linguistic + religions
• 6 MIS/C/B/J/Z (religious)
• Linguistic on state wise basis
• Art 29 preserve culture
• Art 30 establish institution educational
• P satisfied → recognise linguistic min
• Every grieved person; any language
• Mother tongue → primary education
• Special officer linguistic minority
• NC for min (1993) (statutory status)

Anglo-Indian

• Father or male progenitor: European

• Part XVI
• Temporary provision
• 2 nomination in LS by P
• 1 nomination in SLA by G
• Religious social, linguistic min
• NCSC: look after their interests
 RIGHTS AND LIABILITIES OF GOVT.
Art 294-300, part XII

Union: juristic (legal) person

Property of union

• Succession: British → India

• Escheat(death)
Lapse(failure to follow procedure)
Bono vacantia(no owner)
• Sea wealth: TW(12 nm) EEZ(200NM), union, no state can claim
jurisdiction
• Compulsory acquisition by law: parliament, S legislature; must to pay
compensation constitutionally in 2 regards (min education institute,
personal cultivation land under ceiling limit)
• Acquisition under executive power

Suits by/against govt.

• Art 300: can sue union of India/state of

• Govt. in not legal entity to sue
• Liabilities for contracts
• Liability for tools: civil wrongs
• But only when govt. exercising its non-sovereign functions, immunity
in sovereign functions
Suits against public official
P and G

• Official cat can’t sue any time

• Personal act → during term, No
• Criminal proceedings, however civil proceeding (2 month notice)

Ministers

• No constitutional immunity
• But don’t sign so not liable

Judicial officers

• Enjoy immunity, can’t sue

• Judicial officer protection act (1850)

Civil servants

• Personal immunity for official contracts

• But if didn’t followed rule he is liable
• Immunity in sovereign function
• Civil proceeding: 2 months
• Criminal proceeding: P/G permission
• Outside official capacity → ordinary citizen
 AUTHORITATIVE TEXT (IN HINDI)

• Earlier not in constitution

• Art 394-A (58 amendment) part XXII(22, 1987)
• P → translation of constitution in Hindi
• Translation of every amendment
• Same meaning as in English
• Authoritative for all purpose
• Reason: original C was in English
 ANTI-DEFECTION LAW
• 10th schedule
• Give constitutional existence to political parties
• 1985 – 52nd amendment: disqualification on ground on defeat
• 2003 - 91st amendment: omitted one exception: defection on ground
of split

Provisions

• Disqualification
• Members of party: voluntary give up member votes or abstaisn
without whip direction, abstains without permission
• Such act hasn’t been condoned by party in 15 days
• Independent: joins party
• Nominated: joined after 6 month

Exception (2)

• 2/3rd member of party merge

• Presiding officer gives us membership
• Deciding authority → PO of house: JR but can’t accuse him of
political biasness regarding his powers
• Rule making power → PO → place in house (30 days)
• Defection case can be admitted only after
• Complain can be referred to committee of Q
• Privilege → hence defection has no immediate and automatic effect
• Evaluation → strengthen parliament, democracy, unanimously
passed 52nd amendment
• Advantage → stability, merging, corruption reduced
• Criticism dissent vs defection, curb freedom of conscience, individual
vs group defection
• Nominated vs independent, PO → political bias, legal knowledge is
locked
• 91st amendment (2003) → 15% (size of ministers) including PM,
disqualified member can’t become minister and held any
remunerative post
• 1/3rd split provision of exception is defeated
• Spliters are always defectors
• 2/3rd mergers are not defectors

Congress > Shiromani Akali dal > CPI > Forward bock
 POLITICAL PARTIES
• PP: voluntary group → aim political power thorough constitutional
mean for promoting national interest
• PP → reactionary old(B) conservative: present(R)
• Liberal: reform, radical: total new order (l)
• (3)kind system →
• One party: USSR, East European
• 2-party → USA, Britain
• Multi-party → France, Switzerland, Italy
Party system in India
• Multi-party system → (2009) → 7+40+950
• One dominant party
• Lack of clear ideology: all are same
• Personality cult
• Traditional factors, religion, caste, language
• Emergence of regional parties
• Factions and defections
• Lack of effective opposition
• Election commission → register, recognize, symbol
• National party(in LS election) 6% in 4 states+4 seats in LS
election/2% seat in 3 states/recognized in 4 states
• State party → 6% vote + 2 seats in LA election/6% vote+ 1 seat in LS
election/3% seat or 3 seat in LA
• 1 in 25 seat of LS election
 PRESSURE GROUP
• Organised, common interest
• Interest group or vested group
• Influence policy member by legal methods
• Election caring: place people in public office
• Persuade public officer lobbying: persuading
• Propagating: influence public opinion
• Examples: business group, trade union, agrarian, professional
association, student organisation
• Religious organisation: caste, tribal, linguistic, ideology based
• Anomic groups: riots, demonstrations, assassinations alienated from
political system
• Eg Naxalites, all Assam student union, ULFA
 NATIONAL INTEGRATION
• Socio-psychological and educational process
• Cohesion not fusion, unity not uniformity reconciliation but not
merges, agglomeration but not assimilation
• Obstacles: regionalism, communism, casteism, linguism
• All products of political processes

National integration council (1961)

PM+HM+CM+7+7+5 → now size increased → industry, business, trade:

35+55 → 101 → 14 meeting till now (2005)
 FOREIGN POLICY
Principles

• World peace promotion (art 51)

• Anti-colonialism/neo colonial/neo imperialism
• Anti-racism: Zimbabwe, Namibia liberation
• Non alignment
• Panchsheel
• I → interference R → respect
• A → aggression P → peaceful co-existence
• E → equality and mutual benefit
• 1954 → Indo-china treaty: J Nehru, Chou-En-Lai
• Afro-Asian bias
1st Asian relations conference: Delhi
IOR, SAARC
• Link with commonwealth
• Support to UNO: Vijay Lakshmi Pandit
President of UNO general assembly
• Disarmament

Objectives

• Protect care interests/autonomy

• Economic growth, against terrorism
• Good neighbour, SAARC
• Cross border terrorism
• Look east policy
• BIMSTEC/IBSA/BRICS
• UN/IMF reforms
• DIASPORA interaction

• Passing deposit < 10% votes (any candidate)

• 103 CAB not passed yet → granting constitutional status to minority
commission (statutory now)
• PIL → USA
• State funding → Germany Austria
• Survey of India → department of science and technology
• 67(b) → RS alone removes vice president
• Drafting : BR Ambedkar union power constituent committee: Nakru
• State committee
• Provincial constitutional committee → Patel
 DIMENSIONS
• HPEG, culture, local, global, unique
• Sociology, polity, history, economic, geographic
• Philosophy, environment
• Air, water, food, soil, ocean
• Demography, population – pollution
• Space, military, army, air, navy
• Climate, technology science
• Plant, animal
• International relation
• Behaviour/psychology, philosophy
• Systemic vs regional approach
• Agriculture/industry services/tourism/infrastructure
• Trade-transport
• Mechantelism capitalism, imperialism, colonialism
• Communism
• Rural – urban, Micro/Meso/Macro
• Religion, orthodoxy, liberalism, communalism
 SPECIAL PROVISIONS FOR OTHER STATES
• Maharashtra/Gujrat(371):
development boards, Vidharba/Saurastra

• Nagaland(371-A)

Nagas religious social practice/law/procedure/ownership of land

Act of parliament needs SL’s concurrence

Governor ensuring security/law-order

Regional council for Thesang district

• Assam → President → tribal area committee

• Manipur → president → hill area committee

• Andhra Pradesh

Public employment, education: special provisions

Central university
• Sikkim

Governor → peace, equitable SE advancement

• Mizoram

Same as Naga

• Arunachal Pradesh

G law order

• Goa, assembly, less than 30 members