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Maths Mania Polity Eng Notes

The document provides a comprehensive overview of the historical background of Indian governance from the Company Rule to the adoption of the Indian Constitution. It details significant legislative acts, the formation of the Constituent Assembly, and the roles of key figures in shaping India's political framework. Additionally, it outlines the structure of the Constitution, its sources, and important dates related to its enactment and enforcement.

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100% found this document useful (2 votes)
2K views50 pages

Maths Mania Polity Eng Notes

The document provides a comprehensive overview of the historical background of Indian governance from the Company Rule to the adoption of the Indian Constitution. It details significant legislative acts, the formation of the Constituent Assembly, and the roles of key figures in shaping India's political framework. Additionally, it outlines the structure of the Constitution, its sources, and important dates related to its enactment and enforcement.

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Maths Mania

POLITY
Useful for
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HISTORICAL BACKGROUND
The Company Rule
Regulating Act Of 1773 (1773-1858)
First step to control and regulate the affairs
Designated the Governor of Bengal as the Governor General of
Bengal + Council of 4 members.
1st Governor-General of Bengal: Warren Hastings
Establishment of a Supreme Court at Calcutta (1774) (1 CJI + 3
other judges).
First Chief Justice: Sir Elizah Impey

Pitt’s India Act, 1784


It established a system of Dual government.
Board of Control: Political affairs
(6 members in board of control)
Court of Directors: Commercial affairs

Charter Act of 1793


Extended the trade monopoly of the Company for another
20 years.

Charter Act of 1813


Ended the trade monopoly of the EIC in India, except the
company’s monopoly in trade with China and trade in
tea.
Company should invest Rs. 1 Lakh every year on the
education of Indians.
Christian missionaries were allowed

Charter Act of 1833


Made Governor-General of Bengal as Governor-General of India
William Bentinck: First Governor-General of India.
Indian Law Commission (1834) was established
The first Chairman of Law Commission: Lord Macaulay
Slavery system was declared illegal.

Charter Act of 1853 (Last Charter Act)


Introduced an open competition system for the selection and
recruitment of civil servants.
Macaulay Committee was appointed to the Indian Civil Service in
1854.

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Government Of India Act, 1858
(Act of Good Governance)
transferred powers to the British The
Crown.
Made Governor General of India --> Crown Rule
Viceroy. (first Viceroy --> Canning )
Abolished the Board of Control and 1858-1947
Court of Directors, thus ending Dual
Government
created a new office “Secretary of
State”, a member of the British
Cabinet responsible to the British Government of India Act, 1935
Parliament. created an All-India Federation
established a 15-member council of (never came into being)
India to assist the Secretary of State residuary power vested in the hands
for India. of Governor General
abolished dyarchy in provinces,
introducing ‘provincial autonomy’
Indian Councils Act, 1909 dyarchy at the Centre and
Bicameralism in Provinces.
(Morley Minto Reforms) Reserved seats for depressed classes
Morley --> secretary and Minto --> and special representation for
Viceroy women and labour, were established.
Separate Electorate for Muslims established the Reserve Bank of
Lord Minto came to be known as the India, 1935 kolkata ( on the
“Father of Communal Electorate” recommendation of Hilton Young
Indians were allowed in the Executive commission,1926)
Council of the Viceroy established a Federal Court in 1937.
Satyendra Prasad Sinha --> first It separated Burma from India.
Indian to join the Viceroy Executive
Council as a Law member Government of India Act, 1947
On June 3, 1947, Lord Mountbatten
presented the partition plan, which
Government of India Act, 1919 was accepted by the Congress and
(Montague-Chelmsford Reforms) Muslim League, and immediately
enacted it, declared India as an
Montague --> secretary
independent and sovereign state
Chelmsford --> Viceroy
from August 15, 1947.
Dyarchy or dual scheme of governance
Position of Secretary of State for
was introduced in Provincial Subjects
Extended separate electorate: for Sikhs, India was abolished
Indian Christians, Anglo-Europeans, and Lord Mountbatten became the first
Europeans Governor-General of the new
A Central Public Service Commission Dominion of India
was set up in 1926 to recruit civil The Constituent Assembly of India
servants. formed in 1946 became the
Voting right to Indian women (first time) parliament of the Indian Dominion.

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FIRST CABINET AFTER
INDEPENDENCE
Members Portfolios
PM; External Affairs and Commonwealth
Jawaharlal Nehru Relations; Scientific Research
Home, Information and Broadcasting; States
Sardar Vallabhbhai Patel
Maulana Abul Kalam Azad Education

Dr. John Mathai Railways and Transport

Dr Rajendra Prasad Food and Agriculture

R.K. Shanmugham Chetty Finance

Dr. B.R. Ambedkar Law

Jagjivan Ram Labour

Sardar Baldev Singh Defence

Rajkumari Amrit Kaur Health

C.H. Bhabha Commerce

Communication
Rafi Ahmed Kidwai
Industries and Supplies
Shyama Prasad Mukherjee
V.N. Gadgil Works, Mines, and Power

M. N. Roy MAKING OF
Father of Indian
Communism INDIAN CONSTITUTION

1934 M.N. Roy demanded Constituent Assembly for India.

1935 INC officially demanded a Constituent Assembly.

1938 Jawaharlal Nehru demanded on behalf of the INC.

August Offer, demand of constituent assembly accepted.


1940 Rejected later by congress and Muslim league (Viceroy Linlithgow)

Cripps Proposal by Stafford Cripps --> A draft proposal on framing of an


1942 independent Constitution. It was rejected by INC.
Result--> Quit India Movement

Cabinet Mission Plan --> Laid the groundwork for the Constituent
1946 Assembly
Members: Pethick-Lawrence (Chairman), Sir Stafford Cripps and A V
Alexander
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Important Dates in Constituent Assembly
9th December, 1946 First sitting of Constituent Assembly. Muslim League boycotted
it.
Dr. Sachidanand Sinha (oldest member) -> elected as
temporary chairman of the assembly.
11th December, 1946 Dr. Rajendra Prasad -> elected as President of the Constituent
Assembly.
Vice-Presidents (Two) -> H.C. Mukherjee and V.T.Krishnamachari

13th December, 1946 Objective Resolution was introduced by Jawahar Lal Nehru.

2 September 1946 Interim government of India was formed.

22nd July, 1947 National Flag was adopted.

15th August, 1947 Transfer of Power led to the formation of dominions of India and
Pakistan (14th August, 1947).

26th November, 1949 Constitution was adopted/enacted.

24th January, 1950 Adoption of National Song(written by Bankim Chandra Chatterjee)


and National Anthem.(written by Rabindranath Tagore).
26th January, 1950 Constitution came into force.

28th January, 1950 1st sitting of Supreme Court


25th October, 1951-
First general elections.
21st February, 1952

Composition of the Constituent Assembly


Constituted On November 1946, under the Cabinet Mission Plan

Governor’s provinces
292
(British India)
296 Chief Commissioner’s
provinces
Strength Total
4
389
(Princely States)
93

After boycott of Muslim League- remaining seats- 299


Seat alloted as per population proportion. Members were indirectly
elected.
Mahatma Gandhi was not part of the Constituent Assembly.

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Lord
Objective Mountbatten Independence
Resolution Plan Act, 1947
13th December 1946-> Mountbatten -> Last Clement Atlee ->the
objective resolution Viceroy of free India. Prime minister of
moved by Nehru Ji. First Indian Governor England when India got
22nd January 1947-> General -> independence.
resolution was adopted Rajagopalachari. Two separate functions
by the Assembly Mountbatten plan were assigned to the
The Preamble of the (3rd June 1947)-> Assembly (performed
Constitution of India is India was divided on separate days) -
a modified version of into India + Pak. Legislative body (Chaired
the Objective by G V Mavalankar).
Resolution. Constituent body (chaired
by Dr. Rajendra Prasad).

Functions Performed by Constituent Assembly


May 1949 -> Ratified India’s membership of the Commonwealth
July 22, 1947-> Adopted the National Flag
Jan 24, 1950-> Adopted National Song & National Anthem
Jan 24, 1950-> Elected Rajendra Prasad as first President
24th January, 1950-> Final session was held
Total sessions: 11; Total time: 2 years; 11 months, 18 days; Total expenditure: 64 lakh

MAJOR COMMITTEES - 8
Jawaharlal Nehru Dr. B.R. Ambedkar
1)Union Powers Committee
DRAFTING COMMITTEE
2) Union Constitution Committee
The Drafting Committee was set up
3)States Committee
on 29th August 1947. It consisted of 7
members:
Dr. Rajendra Prasad Dr. B.R. Ambedkar (Chairman)
N. Gopalaswamy Ayyangar
1) Rules of Procedure Committee
Alladi Krishnaswamy Ayyar
2) Steering Committee
Dr. K.M. Munshi
Syed Mohammad Saadullah
Sardar Patel N. Madhava Rau
(replaced B.L. Mitter)
1)Provincial Constitution Committee T.T. Krishnamachari
2) Advisory Committee on FRs, (replaced D.P. Khaitan)
Minorities & Tribal & Excluded Areas.

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MINOR COMMITTEES
Committee on the functions of constituent assembly G.V Mavalankar
Committee for the order of business K.M. Munshi
House committee B. Pattabhi Sitaramayya
Ad-hoc committee on national flag Rajendra Prasad
Special committee to examine the draft constitution Jawaharlal Nehru
Credentials committee Alladi Krishnaswamy Ayyar
Finance and staff committee Rajendra Prasad
Committee on chief commissioner's Provinces B. Pattabhi Sitaramayya
Provincial Linguistic Committee S.K. Dhar
Fundamental Rights sub- committee J.B. Kripalani

Minorities sub- committee H.C. Mukherjee

ENACTMENT AND ENFORCEMENT OF THE CONSTITUTION


adopted on 26 November 1949
26 November declared as constitution day in 2015( by union ministry of social
Enactment

justice and empowerment)


only 284 persons were actually present on 24 January 1950 and signed the
Constitution (included 15 women)
Originally, it contained the Preamble, 395 Articles, and 8 Schedules.
Preamble was enacted after the entire Constitution
Some provisions of the Constitution came into force on Nov 26, 1949- Citizenship,
Elections, provisional Parliament, temporary and transitional provisions

Jan 26, 1950 -> commencement /enforcement - celebrated as

Enforcement
Republic Day
Jan 26, 1930 -> Purna Swaraj Day was celebrated , the Lahore
Session (December 1929) of the Indian national congress.

Important Facts about Indian Constitution


Elephant -> symbol (seal) of the Constituent Assembly.
Sir B.N. Rau -> Constitutional Adviser
H.V.R. Iyengar -> Secretary
S.N. Mukherjee -> the chief draftsman
Prem Behari Raizada -> the calligrapher in English.
Nand Lal Bose and B.R. Sinha -> decorated and beautified the Constitution.
Hindi version calligraphy done by Vasant Krishan Vaidya and illuminated by Nand Lal Bose.

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SOURCES OF INDIAN CONSTITUTION
Govt. of Federal scheme,Governor's office, Judiciary, Public Service
India Act, Commission, Emergency Provisions and Administrative
1935 details

Parliamentary govt., Rule of Law, SingleCitizenship, Cabinet


System,
Britain
Parliamentary privileges, Bicameralism, and prerogative writs,
office of CAG , martial law

Fundamental Rights, Independent Judiciary, Impeachment of


US President, Judicial review, Removal of Supreme Court and
High Court judges and post of Vice-president, preamble

DPSP, method of election of president and nomination of


Ireland
members to Rajya Sabha.

Federation with a strong centre, vesting Residuary powers in


Canada the centre, appointment of state governors by the centre
and advisory jurisdiction of the Supreme Court.

Concurrent List, Joint sitting of both the Houses of Parliament,


Australia
trade and commerce provisions, Language of Preamble.

Weimar
Constitution Suspension of Fundamental Rights during Emergency
of Germany

Fundamental Duties and the ideals of justice(social,


USSR
economic and political) in the Preamble.

Republic and the ideals of liberty, equality and fraternity in


France
the Preamble

South Procedure for amendmentof the Constitution and election of


Africa members of Rajya Sabha

Japan The procedure established by Law.

Structural part of the Constitution : Government of India Act, 1935.


Political part of the Constitution : British Constitution.
Language of preamble : Australia

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The Indian Constitution originally had 22 parts, but
due to amendments, it now consists of 25 parts.
Below is a table listing all the parts along with their articles and subjects:

Part I The Union and Its Territory 1 to 4

Part II Citizenship 5 to 11

Part III Fundamental Rights 12 to 35

Part IV Directive Principles of State Policy (DPSP) 36 to 51

Part IVA Fundamental Duties 51A

Part V The Union 52 to 151

Part VI The States 152 to 237

Repealed by the
Part VII States in the B-Part of the First Schedule 7th Amendment,
1956

Part VIII The Union Territories 239 to 242

Part IX The Panchayats 243 to 243O

Part IXA The Municipalities 243P to 243ZG

Part IXB Co-operative Societies 243ZH to 243ZT

Part X The Scheduled and Tribal Areas 244 to 244A

Part XI Relations Between the Union and the States 245 to 263

Part XII Finance, Property, Contracts, and Suits 264 to 300A

Trade, Commerce, and Intercourse within the


Part XIII 301 to 307
Territory of India

Part XIV Services under the Union and the States 308 to 323

Part XIVA Tribunals 323A to 323B

Part XV Elections 324 to 329A

Part XVI Special Provisions Relating to Certain Classes 330 to 342

Part XVII Official Language 343 to 351

Part XVIII Emergency Provisions 352 to 360

Part XIX Miscellaneous 361 to 367

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Part XX Amendment of the Constitution 368

Temporary, Transitional, and Special


Part XXI 369 to 392
Provisions

Short Title, Commencement, Authoritative


Part XXII 393 to 395
Text in Hindi, and Repeals

Preamble of the Constitution


“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN ,SOCIALIST ,SECULAR, DEMOCRATIC, REPUBLIC and to
secure to all its citizens:
JUSTICE(3) :- Social, Economic and Political;
LIBERTY(5) :- of thought, expression, belief, faith and worship
EQUALITY(2) :- of status and of opportunity; and to promote among them all;
FRATERNITY :- assuring the dignity of the individual and the unity and integrity
of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”

Introduction
42nd CAA, 1976- Three new words were added - ‘SOCIALIST’,
‘SECULAR’, and ‘INTEGRITY’
It is non-justiciable and non-enforceable
Identity card of our Constitution : N. A Palkhivala
Horoscope of the constitution : K.M. Munshi

Components Of Preamble :-
Source of Authority of the Constitution :- People of India
Nature of Indian State:- Sovereign, Socialist, Secular, Democratic, Republic.
Objectives of the Constitution :- Justice, Liberty, Equality, Fraternity.
Date of Adoption of the Constitution :- 26 November 1949
SOVEREIGN :- India is a completely independent State, neither a dominion nor a
dependent on any other country.
Republic :- Elected head

Supreme Court cases related to the Preamble :-


Berubari Union Case (1960) :- SC held that the Preamble is not a part of the
Constitution.
Kesavananda Bharati Case (1973) :- Preamble is a part of the Constitution, can be
amended, should not destroy ‘Basic Structure’ of constitution.
LIC of India Case (1995) :- SC again held that the preamble is an integral part of the
Constitution.

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States and Union Territories

ARTICLE 1 Name and territory of the Union.


ARTICLE 2 Admission or establishment of new states.

ARTICLE 3 Formation of new states, alteration of areas, boundaries or


names of existing states.

ARTICLE 4 Any Law made under Articles 2 and 3 to provide for the
amendment of the First and the Fourth Schedules and
supplemental, incidental and consequential matters.

Laws made under Article 2 and Article 3 , not


Union of States considered as amendments under Article 368.
Describes India, that is Bharat as a -> Parliament can form new states or alter the
‘Union of States’ rather than boundaries or names of the existing states without
‘federation of states’ their consent with simple majority.
because Indian Federation is not the -> Indian territory can be ceded to a foreign state
result of an agreement among the only by amending the Constitution under Article 368.
states like the American Federation E.g. The 100th Constitutional Amendment Act (2015)
India is described as “an indestructible dealt with the transfer of enclaves between India and
union of destructible states”. Bangladesh.

DHAR Commission 1948 -> Reorganization of states on the basis


of administrative convenience rather than linguistic factors.

JVP Committee, 1948 -> Rejected language as the basis for the
Various reorganization of states.
Commissions Members:- Jawaharlal Nehru, Vallahbhai Patel and Pattabhi
Sitaramayya.
in the October 1953, the Government of India was forced to create
Recognisation the first linguistic state, known as Andhra Pradesh. Father of
the Andhra Pradesh movement - Potti Sriramulu
of the States
and UTs FAZL ALI Commission 1953 -> accepted language as the basis of
the reorganization of states.
Rejected the theory of ‘one language-one state.’
Members:- Fazl Ali(Chairman), K.M. Panikkar and H.N.
Kunzru.
States Reorganization Act (1956) and the 7th Constitutional
Amendment Act (1956), 14 states and 6 Union Territories
were created on November 1, 1956

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States and Union Territories created after 1956

1960 Bifurcation of Maharashtra and Gujarat.


1961 Creation of Dadra and Nagar Haveli (10th Constitutional Amendment).
1963 Nagaland.
1966 Chandigarh, Punjab and Haryana.
1971 Himachal Pradesh.
1972 Meghalaya , Manipur, Tripura.
1975 Sikkim full-fledged State (36th Amendment).
1987 Mizoram, Arunachal Pradesh, Goa.
2000 Chhattisgarh, Uttarakhand, Jharkhand
2014 Telangana.
2019 - 2 union territories: J&K and Ladakh.

Jammu and Kashmir Reorganization, 2019


Till 2019, the erstwhile State of Jammu and Kashmir had its own constitution, special
status by virtue of Article 370 of the Constitution of India.

Citizenship

ARTICLE 5 Citizenship at the time of commencement of the Constitution.

ARTICLE 6 Those who migrated from Pakistan to India.

ARTICLE 7 Those who migrated to Pakistan and then came back to India.

ARTICLE 8 Persons of Indian Origin residing outside India.

ARTICLE 9 Persons voluntary acceptance of citizenship of any other country.

ARTICLE 10 Continuance of the rights of citizenship.

ARTICLE 11 Parliament to regulate the right of citizenship by law.

Born in India , either parent was born in India or should be a resident of India 5 yr After
the commencement of the constitution.
Parliament shall have the power to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.

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By Birth - By Descent -
person born in India person born outside India

By Registration - ACQUISITION OF By Incorporation of


Lived abroad but CITIZENSHIP Territory
origin in India (7
years residing in
India) By Naturalization-
If any case which is not
belong to above 3 cases come
under by naturalization (12
years residing in India)

By Deprivation:
By Renunciation Within 5 years after
registration or
naturalization, been
By Termination:
LOSS OF imprisoned in any
Indian citizen
CITIZENSHIP country for 2 years;
voluntarily, acquires
and ordinarily resident
the citizenship of out of India for 7 years
another country continuously.

CITIZENSHIP AMENDMENT ACT, 2019


Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and
Pakistan who entered India on or before December 31, 2014, will not be treated as illegal
migrants and for these groups of persons, the 11 years requirement will be reduced to 5
years.

COMPARISON BETWEEN NRI, PIO, AND OCI CARDHOLDER


Non-Resident Indian (NRI) - An Indian citizen who is ordinarily residing outside India
and holds an Indian Passport. No Visa is required.
Persons of Indian Origin (PIO) - A person who was or whose ancestors were of Indian
nationality and who is presently holding another country’s citizenship/ nationality i.e.
he/she is holding a foreign passport. Visa required.
Overseas citizens of India (OCI) Cardholder - A Person registered as an Overseas
Citizen of India (OCI) Cardholder under the Citizenship Act, 1955. Can visit India
without a Visa for life long.

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Fundamental Rights

Justiciable
Known as MAGNA CARTA of India
borrowed from USA
Not sacrosanct or permanent
Guaranteed by the Supreme Court to all persons
Protect the liberties and freedoms
They are not absolute but qualified
Can be suspended during the operation of a National Emergency except for the rights
guaranteed by Articles 20 and 21.

ARTICLE 12 Definition of state. . the term


State in Article12
ARTICLE 13 All laws that are inconsistent with or in includes Government
derogation of any of the fundamental rights and parliament;
shall be void. Government and
legislature of states.
Right to Equality . nothing in the
Article 13 shall
(Article 14-18) apply to any
amendment of this
constitution made
ARTICLE 14 Equality before the law and equal under Article 368.
protection of laws.
Equality Before Law
ARTICLE 15 Prohibition discriminate against any (British Origin + Negative connotation)
citizen on grounds of religion, race, Equal Protection of Law
caste, sex or place of birth. (American Origin + Positive connotation)

15(1) State shall not discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them.
15(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them,
be subject to any disability, liability, restriction or condition with regard to.
a. Access to shops, public restaurants, hotels, and places of public entertainment
b. The use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of state funds or dedicated to the use of the general public.

ARTICLE 16 Equality of opportunity in matters of public employment.

ARTICLE 17 Abolition of Untouchability.


16(4) allows state to
ARTICLE 18 Abolition of titles. reserve government
jobs for backward
classes of citizens.

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Right to Freedom
(Article 19-22)
19(1)All citizens shall have the right to
ARTICLE 19 Protection of certain rights regarding
(a) Freedom of Speech and
freedom of speech etc.
Expression
(b) Freedom of Assembly
ARTICLE 20 Protection in respect of conviction for
(c) Freedom of Association
offences.
(d) Freedom of Movement
(e) Freedom of Residence
ARTICLE 21 Protection of life and personal
(g)Freedom of occupation.
liberty.

Rights as part of Article 21 : 20(1)No ex-post-facto Law :- person can


Right to privacy. be punished for any criminal offence on
Right to free education up to 14 the basis of existing law at the time of
years of age. conviction of offense
Right to speedy trial. 20(2)No Double Jeopardy:- No one shall
Right to information. be prosecuted and punished for the same
Right to sleep offence more than once.
Right to sustainable development 20(3)No Self-Incrimination:- No person
Right to marry a person of one’s choice. accused of any offence shall be compelled
Right to die with dignity etc to be a witness against himself

ARTICLE 21 A Right to elementary education. (6-14yr) Preventive detention:


(inserted by the 86th CAA, 2002) Without trial and
conviction by court.
ARTICLE 22 Protection against arrest and detention in Punitive detention:
certain cases Punishment after trial
and conviction.

Right Against Exploitation


(Article 23-24)

ARTICLE 23 Prohibition of traffic in human beings and forced labour.

ARTICLE 24 Prohibition of employment of children in factories etc.

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Right to Freedom of Religion
(Article 25-28)

ARTICLE 25 Freedom of conscience and free profession, practice and propagation


of religion.

ARTICLE 26 Freedom to manage religious affairs.

ARTICLE 27 Freedom from payment of taxes for the promotion of any religion.

ARTICLE 28 Freedom from attending religious instructions or worship in certain


educational institutions.

(a) Institutions wholly maintained by the State, where religious instruction is completely prohibited.
(b) Institutions administered by the State but established under any endowment or trust, where
religious instruction is permitted.
(c) Institutions recognized by the State, where religious instruction is permitted on a voluntary basis.
(d) Institutions receiving aid from the State, where religious instruction is permitted on a voluntary
basis.

Cultural and Educational Rights


(Article 29-30)

ARTICLE 29 Protection of language, script and culture of minorities.

ARTICLE 30 Right of minorities to establish and administer educational


institutions.(confined only to minorities)

ARTICLE 32 Right to Constitutional Remedies .


The jurisdiction of the SC is
original but not exclusive.
ARTICLE 33 Parliament's power to restrict FRs B.R. Ambedkar: heart and soul
of armed personnel. of the constitution .

ARTICLE 34 Restriction on FRs while martial


law is in force. Article 31 -
compulsory acquisition of
ARTICLE 35 Parliament can make laws for property (repealed)
implementing FRs. (Right to property)
Now a legal right in 300A

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Fundamental Rights available- Only to citizens and not to foreigners:
Articles 15, 16, 19, 29 and 30.
To both citizens and foreigners (except enemy aliens):
Articles 14, 20 to 28.

The Supreme Court (Article 32) and High Court (Article 226) can issue
writs, namely.

Mandamus Habeas Corpus


“we command”
Command is issued by the court to a “To have the body of”
public official asking him to perform Order issued by court to the person
his official duties that he has failed or who has detained another person, to
refused to perform. produce the body of the latter before it.

Prohibition Quo Warranto


“to forbid”

writs
“By what authority or
Directs inactivity. Issued by
warrant”
a higher court to a lower
Issued by a court to
court or tribunal to prevent
enquire into the legality of
the latter from exceeding
the claim of a person to
its jurisdiction
public office.

Certiorari
To be certified’ or ‘to be informed’
Issued by a higher court to a lower
court or tribunal either to transfer a
case pending with the latter to itself or
to squash the order.

Comparison between the writ jurisdiction of Supreme


Court(Art. 32) Vs High Court(Art. 226)
Writ jurisdiction of HC is wider than that of SC
SC may not refuse to exercise to issue writs but HC may refuse its writ
jurisdiction
HC can issue writs not only for the enforcement of Fundamental Rights
but also for “any other purpose” (Ordinary legal rights)

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DIRECTIVE
PRINCIPLES OF
STATE POLICY
(Part IV: Article 36-51)
‘novel feature’ :- Dr B.R. Ambedkar.
Resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act 1935
Granville Austin: DPSP + FR = Conscience of the Constitution
Minerva Mills case (1980): Harmony and balance between FR and DPSP are an essential
feature of the basic structure of the Constitution.
embody the concept of ‘Welfare State’
Non-justiciable
Any law for implementing DPSPs needs to be reasonable in relation to Articles 14 & 19

ARTICLE 36 Definition of State.

ARTICLE 37 Application of the principles contained in this part.

Classification of Directive Principals of State Policy


ARTICLE 38 Promotion the welfare of the people.

ARTICLE 39 Certain principles of policy to be followed by the state.

SOCIALISTIC
ARTICLE 39A Equal justice and free legal aid.

ARTICLE 41 Right to work, education, and public assistance in certain cases.

ARTICLE 42 Provision for just and humane conditions of work and


maternity relief.

ARTICLE 43 Living wage, decent standards of life etc., for workers.

ARTICLE 43A Participation of workers in the management of industries.

ARTICLE 47 To raise the level of nutrition and the standard of living of the
people & to improve public health.

Article 39 certain principles:-


a. adequate means of livelihood
b. the ownership and control of material resources
c. prevents the concentration of wealth and means of production
d. equal pay for equal work for men and women.
e. preservation of health and strength of workers and children against forcible abuse.
f. healthy development of children and the protection of childhood and youth against moral
and material development.

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ARTICLE 40 To organize village Panchayats.

ARTICLE 43 Promote cottage industries on an individual or co-operative basis


in rural areas.

GANDHIAN
ARTICLE 43B Promotion of Co-operative Societies.

ARTICLE 46 To promote the educational and economic interests of SCs,


STs and other weaker sections of society.

ARTICLE 47 Prohibit the consumption except for medicinal purposes of


intoxicating drinks and drugs.

ARTICLE 48 Prohibit the slaughter of cows, calves and other milch and
draught which are injurious to health.

ARTICLE 44 Uniform Civil Code.


(Shah Bano Case 1985, related to UCC)

ARTICLE 45 To provide early childhood care and education for all children
until the age of 6 years.

INTELLECTUAL
LIBERAL
ARTICLE 48 To organize agriculture and animal husbandry on modern and
scientific lines.

ARTICLE 48A To protect and improve the environment and to safeguard


forests & wildlife.

ARTICLE 49 Protect monuments, places and objects of national importance.

ARTICLE 50 Separation of Judiciary from the Executive.

ARTICLE 51 Promotion of international peace and security.

42nd Amendment Act of 1976 Added Article 39(f), Article 39A, Article 43A,
Article 48A
44th Amendment Act of 1978 Added Article 38(2) - minimize inequalities in
income, status, facilities and opportunities.
86th Amendment Act of 2002 Added Article 45: changed the subject -
matter of Article 45 and elementary education made as FR under Article 21A.
97th Amendment Act of 2011 Added Article 43B: to promote formation,
functioning and management of Cooperative Societies.

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Conflict between
Champakam Dorairajan Case 1951 Fundamental Rights and
FR would prevail over DPSPs.
Golaknath Case 1967
DPSP
Parliament cannot take away any of the FR (sacrosanct). .
Kesavananda Bharati Case 1973
Parliament can:-
amend FR however must not disturb the Basic feature.
Judicial review but not disturb basic structure. (24th CA)
Minerva Mills Case 1980
SC: Indian Constitution is founded on the bedrock of balance between FR & DPSP.

K.T Shah:-
Directive Principles of State Policy are like cheque on Bank payable at convenience of the Bank
(Part IV A: Article 51A)

SWARAN SINGH COMMITTEE suggested eight Fundamental Duties. 42nd CAA,


Fundamental Duties

1976: Added Part IV-A, Art 51A to the Constitution containing ten fundamental
duties for citizens (Presently 11 duties)
Verma Committee (1999): Identified the existence of legal provisions for the
implementation of some FDs.
Fundamental Duties are confined to citizens only and not to foreigners.
Non-justiciable
Art. 51A(k) added by the 86th CAA 2002
Prevention of insults to national honour act ,1971 prevents disrespect towards
national flag and national anthem.

a. To abide by the Constitution and respect its ideals and institutions, the
National Flag and National Anthem (*not including the National Song).

b. To cherish and follow the noble ideals that inspired the struggle for freedom.

c. To uphold and protect the sovereignty, unity and integrity of India.

d. To defend the country and render national service when called upon to do so.

e. To promote the common spirit of brotherhood amongst all the people of


India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women.

f. To value and preserve the rich heritage of our composite culture.

g. To protect and improve the natural environment, including forests, lakes,


and wildlife, and to have compassion for living creatures etc

h. To develop a scientific temper, humanism and spirit of inquiry and reform.

i. To safeguard public property and to abjure violence.

j. To strive towards excellence in all spheres of individual and collective activity so


that the nation constantly rises to higher levels of endeavour and achievement.

k. As a parent or guardian to provide opportunities for education to his child


between the age of 6 and 14 years.

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Part V- The Union (Article 52-151)
The Executive :-
Union Executive: President, VP, PM, CoM, Attorney General of India.
(Article 52 to 78 in Part V)

PRESIDENT
President is the head of the Indian State (executive power)
He is the first citizen of India

ARTICLE 52 The president of India.

ARTICLE 53 Executive powers of president, Supreme commander of all the defence forces.

ARTICLE 54 Election of President. Electoral College of


the President :-
ARTICLE 55 Manner of election. Resignation to
Vice President. 1. Elected members of both
Houses of Parliament.
ARTICLE 56 Tenure (5 yrs). 2. Elected members of state
legislative assembly
ARTICLE 57 Eligible for re-election for any no. of times. 3. Elected members of the
legislative assembly of
ARTICLE 58 Qualification for election as president. union territories of Delhi
and Puducherry.
ARTICLE 59 Conditions of the President's office.

ARTICLE 60 Oath by the president.


by the Chief Justice of India ,in his
ARTICLE 61 Impeachment. absence, the senior-most judge of
the SC administers the Oath.
ARTICLE 62 time of holding Election to fill vacancy.

ARTICLE 71 matters relating to the election of the president.

election disputes of election


ARTICLE 72 Empowers the President to grant pardons.
of President and vice
president inquired by:- SC
ARTICLE 123 Power of president to promulgate an only.
ordinance.

Value of Vote of an MLA-


MANNER OF
ELECTION :-

(Total Population of State/Total no. of elected members of SLA) * 1/1000


Value of Vote of an MP-
(Total value of values of votes all MLA of all states/Total no of elected members of Parliament)
Electoral quota – (Total no of valid votes polled/(No. of Candidate+1)) +1
Manner of election:- proportional representation by means of single transferable vote .

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All MPs (elected + nominated) take part.

QUALIFICATIONS

IMPEACHMENT
1.Citizen of India.
2. Age:- min. 35 years Ground - “violation of the constitution” Initiated
3.Qualified for election as a by either House – LS or RS. Signed by 1/4th
member of the Lok Sabha. members of the house (that framed the charges),
4.Not hold any office of & 14 days notice to be given to the President.
profit Resolution passed by special majority.

time of holding
Reasons: Expiry of tenure, By Resignation,
OF PRESIDENT'S

Election to fill
1. Not a member of Removal by Impeachment, Death, otherwise
CONDITIONS

either house. in case of vacancy by resignation, removal,

vacancy
2. No office of death or otherwise. The election to fill the
OFFICE

profit. vacancy is held within six months from the


date of the occurrence of such a vacancy .

Commutation:
Pardon: Completely Substitution to
absolves conviction lighter punishment

Pardoning Powers of
Respite: Lesser sentence President Remission: Reducing
than original due to special the period without
conditions such as changing the character
Reprieve: Stay on
pregnancy, disability, etc. of the punishment.
execution for a
temporary period.

ORDINANCE POWER
Only when either or both Houses of Parliament are not in session.
OF PRESIDENT

ARTICLE 63 The Vice-President of India.


VICE PRESIDENT

ARTICLE 64 V.P. shall be ex officio chairman of council of states.

ARTICLE 65 V.P. to act as President during casual vacancies.

ARTICLE 66 Election of V.P.

ARTICLE 67 Term of Vice President’s office (5 years).

ARTICLE 68 Time of holding election to fill vacancy (60 days).

ARTICLE 69 Oath Administered by the President.

ARTICLE 70 Discharge of president's functions in other contingencies .

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President: Nominal executive authority (de-jure head). PRIME MINISTER
Prime Minister: Real executive authority (de-facto head).

Article 74/163 Council of Ministers with the PM/ CM as the head to aid and
advise the President/ Governor on the exercise of his functions.

Article 75/164 The Prime Minister/Chief Minister shall be appointed by the


President/governor.

Article 77/166 Conduct of business of union/state.

Article 78/167 Duties of PM to communicate with president all decisions


taken by CoMs.

1. Prime minister is appointed by president and other ministers are appointed by the president
on the advice of the prime minister
1(A) 91st CAA, 2003: Total no. of CoM, including PM/CM not to be more than 15% of total
strength.
1(B) A member who is disqualified on the ground of defection shall also be disqualified to be
appointed as a minister
2.All ministers shall hold office during the pleasure of the President/Governor
3.Shall be collectively responsible to the House of People/legislative assembly of the state.
4.Oath by the president
5.A Minister who for any period of six consecutive months is not a member of either House of
Parliament shall at the expiration of that period cease to be a Minister.
6.Salary and allowances

PARLIAMENT (Part V: Article 79-122)


Parliament (legislative organ of the Union Government) consists of the President, the
Lok Sabha (Lower House), and the Rajya Sabha (Upper House).
Articles 79 to 122 in Part V of the Constitution
Hindi names Rajya Sabha and Lok Sabha were adopted in 1954.
The Rajya Sabha represents the states and union territories of the Indian Union, while
the Lok Sabha represents the people of India as a whole.

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LOK SABHA RAJYA SABHA
RAJYA SABHA
Maximum Strength :- 250 = 238 (States
Maximum Strength :- 550= 530 (States)
& UTs elected indirectly) + 12 (Nominated
+ 20 (UTs)
by President).
Present Strength :- 543 :- 524 (states) +
Present Strength :- 245 = 225 (states) +
19 (UTs)
8 (UTs) + 12 (nominated by the President
2 Anglo-Indians to be nominated by
from the field of art, literature, science
President (Art.331) has been discontinued
and social service).
by 104th CAA, 2019).
Note: Only Delhi, Puducherry and J&K
Direct election from the territorial
have representation in Rajya Sabha.
constituencies according to the universal
Proportional representation by means of
adult franchise (First-past-the-post
the single transferable vote.
system).
The seats are allotted to the states in the
Not a continuing chamber.
Rajya Sabha on the basis of population
Lok sabha first time constituted :- 17
Exclusive Powers:-
April 1952
1. Creation of New All India Services.
First meeting of LS :- 13 may 1952
2. Enabling the Parliament to make law on
First female speaker of the lok sabha :-
a matter of State List.
Meira Kumar
3. Enforcing proclamation of emergency
First speaker of lok sabha :-
when Lok Sabha is dissolved
G.V. Mavalankar
First sitting of RS :- 13 may 1952

Article 79 Constitution of parliament . Parliament (legislative organ of


the Union Government) consists of :
Article 80 Composition of council of states.
the President
Article 81 Composition of house of people. the Lok Sabha (Lower House)
the Rajya Sabha (Upper House)
Article 82 Readjustment after each census
(delimitation commission)
Article 86(1):- President may
Article 83 Duration of houses of parliament.
address either house of parliament
or both houses assembled together,
Article 84 Qualification for members of and for that purpose require the
parliament. attendance of members.

Article 85 Sessions of parliament,


prorogation and dissolution. Article 87(1):- At the
commencement of 1st session
Article 86 Right of president to address and
after the general election and
send message to houses.
1st session of every fiscal year
Article 87 Special address by the president. (motion of thanks).

Every minister and the Attorney


Article 88 Rights of ministers and attorney
general assembly respects houses. General have the right to speak
and take part in the proceedings
Article 89 The chairman and deputy of both the House + joint sitting +
chairman of the council of states. any committee of Parliament of
Vacation and resignation of and which he is a member, without
Article 90 removal from the office of Deputy vote.
chairman .
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Article 91 Power and duty of deputy chairman. Vice-president is the ex-officio
Chairman of the Rajya Sabha.
Article 92 Chairman and deputy chairman not Deputy chairman elected by the
to preside while in a resolution for members of the house.
his removal.

Article 93 The speaker and deputy speaker of Elected by the LS members.


the house of the people. Date of election: fixed by the
President.
Article 94 Vacation and resignation of, and Remains in office during the
removal from the offices of speaker life of the LS.
and deputy speaker .
Speaker and Deputy speaker give
Article 95 Power and duty of deputy speaker. resignation to each other.

Article 96 Speaker or deputy speaker not to preside while in a resolution for his
removal.

Article 99 Oath and affirmation. by the President or some


person appointed by him.
Article 100 Voting in houses, power of houses to
act notwithstanding vacancies and
quorum. Quorum – minimum one-tenth of
total members of house including
presiding officer
Article 101 Vacation of seats.
If quorum is not met :- presiding
officer suspends the meeting
Article 102 Conditions for the disqualification of
Voting – at first instance ,
the member from either house of the
parliament. casting vote.

Article 105 Power and privileges etc. of the Double Membership: A person
house of parliament and of the cannot be a member of both
members and committee.
Houses of Parliament at the
Article 106 Salaries and allowances. same time
Disqualification: If a member
of Parliament becomes subject
Article 107 Provisions as to introduction and
passing of bills. to any of the disqualifications
specified in the Constitution,
Article 108 Joint sitting. his/her seat becomes vacant
Resignation: Resigns to the
Article 109 Special procedure in respect of Presiding officer of the house.
Money Bills. Absence: More than 60 days
without permission.
Article 110 Definition of money bills.
No demand for grant shall be
Article 111 Assent to the bills. made except on
recommendation of president
Article 112 Annual financial statement. RS has no power to vote on
budget.
Article 113 Procedure in parliament with
without passing this bill the govt.
respect to estimates.
cannot take put money from
related fund of India – no voting
Article 114 Appropriation bills :-
is allowed
demand for grants

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Article 115 Supplementary, additional or excess grants.

Article 116 Vote on account, votes of credit, and exceptional grants.

Article 117 Special provisions as to financial bills.

Article 118 Rules of procedure.

Article 119 Regulation of law and procedure in parliament in


relation to financial business.
Article 120 Language to be used in parliament .

Article 122 Courts not to inquire into proceedings of parliament.

Article 123 Power of president to promulgate ordinances during


recess of parliament.

RS is a Continuing chamber (permanent body).


QUALIFICATIONS
One-third of its members retire every second year.
Term of the member of Rajya Sabha :- six years
LS is not a continuing chamber, its normal term :- 5 yrs unless dissolved
Duration can be extended in emergency 1 yr at a time
Cannot be extended beyond 6 months after the emergency ceases to operate

DIS
Holds any office of profit QUALIFICATIONS
Unsound mind
Undischarged insolvent
Not a citizen of India
On the grounds of defection (91st amendment , 10th schedule )
Decision with regard to disqualification under defection:- presiding officer
However, decision is subjected to judicial review ( Kihoto Holon Judgement).
Grounds of defection
1. Voluntarily gives up party membership
2. Votes or abstains from voting contrary to given direction by his/her party
3. Independently elected member joins any party
4. Nominated members join any party after expiry of 6 months.
Person must not convicted for any offence resulting in the imprisonment of 2 or more
than two years (Representation of People Act 1951)

power and Freedom of speech in Parliament


Cannot be arrested during the session 40 days before the beginning and
privileges etc.
after the end of a session.
of the house of
No MP shall be liable for any proceedings in any court w.r.t. anything
parliament and
said/vote in parliament
of the members
Like the Speaker, the chairperson of RS cannot vote in the first instance
and committee but can cast vote in case of equality of vote. i.e. Casting Vote

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JOINT SITTING

Deadlock created in 3 cases:-


if the bill is rejected by the other House
if the Houses disagreed to the amendments made in the bill
if more than six months have elapsed from the date of the receipt of the bill by the other
House without the bill being passed by it.
President summons joint sitting .
No provision of joint sitting in case of constitutional amendments.
Speaker of Lok Sabha presides over a joint sitting and the Deputy Speaker in his absence, if
the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha.

3 joint sitting:-
Dowry prohibition bill (1980)
Banking services comm. Bill (1977)
Preventive of terrorism bill (2002)

Procedure for MONEY BILL


Money bill is introduced only in LS on the recommendation of president
President cannot return the bill for recommendation
Money bill shall not be introduced in Rajya Sabha
No provision of joint sitting in case of money bill
Lok Sabha ---> Rajya Sabha – must return the money bill to LS within 14 days with or
without recommendation but it cannot reject or amend money bill
If LS accepts recommendation ---> deemed to have been passed by both houses in modified
form
If LS does not accept ---> deemed to have been passed by both the houses in original form
If RS does not return the bill in 14 days ---> bill is deemed to have been passed by both
the houses in the form originally passed by LS

Definition of MONEY BILL


Concerned with the financial matters like taxation, public expenditure, etc.
Speaker of the LS decides whether a bill is money bill or not

Assent to Bills
President may give assent to the bill
He may withhold assent to the bill
He may return the bill for reconsideration of the parliament. However, if the bill has
been passed again with or without amendments then President must give assent to the
bill.

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Veto powers of the president (- negative powers)
Absolute veto Suspensive veto Pocket veto Qualified veto

withholding assent return the bill to the not available to


taking no action
parliament for
to the bill passed on the bill passed Indian President
reconsideration (not in
by the parliament case of money bill, by the parliament
since money bills are (Giani Zail Singh
brought prior to
Used it )
recommendation of
president)

Pocket of Indian president is deeper than American president


Veto power cannot be used in the case of constitutional amendments

IMPORTANT CONCEPTS
RELATED TO PARLIAMENT
Annual Financial
Statement
Summoning:- President summons each
House of Parliament. Budget word is nowhere mentioned in the constitution
Session:- Session is the period between the Budget is a statement of the estimated receipts and
first sitting of a house and its prorogation. expenditure of the government in a financial year
The maximum gap between two sessions (1 April – 31 March)
cannot be more than 6 months. Two types of expenditure to the consolidated fund
There are usually three sessions in a of India-
1. Charged on consolidated fund of India :- not
year:-
votable due to salaries of president , HC judges etc.
Budget Session (February to May)
2. Made from consolidated fund of India :- votable
Monsoon Session (July to September)
only in LS
Winter Session (November to December)
Adjournment:- sitting of Parliament
terminated by the Presiding officer
Question Hour:- 1st Hour of parliamentary
through adjournment, for a specified time.
sitting.
Adjournment Sine Die:- termination of a
Members ask questions, ministers – give answers
sitting of Parliament for an indefinite
They are of three kinds:
period by the Presiding Officer of the
house. Starred Questions:-
Prorogation:- official termination of Require oral answer and Supplementary
question can be asked.
session declared by president of India.
Dissolution:- Only the Lok Sabha is Unstarred Questions:-
subject to dissolution. It ends the very life Require written answer and Supplementary
of the existing House. question cannot be asked.
Lame Duck Session:- Last session of the Short Notice Questions:-
existing Lok Sabha. Answered orally and asked on short notice of
Language in Parliament:- The less than 10 days.
Constitution has declared Hindi and Zero Hour:- Informal device available to the
English to be the languages for members to raise various matters of urgent
transacting business in the Parliament. public importance.
However, the presiding officer can permit Starts immediately after the question hour and
a member to address the House in his/ lasts until the agenda for the day.
her mother-tongue.
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ADJOURNMENT
MOTION:-
To draw attention of the House to definite matters of urgent public importance.
NO-CONFIDENCE
MOTION :-
Moved only against the entire CoM (Not against individual/ group of ministers) and if
passed, the CoM must resign from office.
CENSURE
MOTION :-
Moved to seek the disapproval of certain policies of the government.
Need to state the reasons for its adoption.
Can be moved against an individual minister or a group of ministers.
The CoM need not resign from the office.

Motion of Thanks :-
President addresses the first session after each general election and every fiscal year;
Put to vote and the motion must be passed otherwise it amounts to defeat of the Government.
Point of Order :- When proceedings of the house do not follow normal rule of procedure.
Short Duration Discussion :- two-hour discussion
Pro-Tem Speaker:- The President appoints (also administers oath) a member of the Lok Sabha
as the Speaker Pro-Tem to preside over meetings of the freshly elected house.
Whip :- appointed by political party .
Ensures attendance of party members, secures support in favor or against a particular issue.

Public Bill
introduced in the Parliament by a minister.
TYPES
introduction in the House requires seven days’ notice.
OF BILLS
Private Bill
introduced by any member of Parliament other than a minister.
introduction in the House requires one month’s notice.
1. Ordinary Bill :- Concerned with any matter other than financial subjects.
2. Money Bill :- Concerned with the financial matters like taxation, public expenditure, etc.
3. Financial Bill :- Concerned with financial matters but are different from money bills.
4. Constitution Amendment Bill :- Concerned with amendment of the provisions of the
constitution.

Types Of FUNDS :-

Consolidated Fund of India ,Article 266(1) :- All revenues received by government of India
Public Account of India Article 266 (2) :- All public money other than those which are
credited to the CFI shall be credited here. Parliament approval is not needed for expenditure.
Contingency Fund of India,1950 Article 267 :- Placed at disposal of President to meet
unforeseen expenditure, controlled by financial secretary on behalf of president.
Note:- CAG is an independent authority it audits the report of Consolidated fund of India,
Contingency fund of India and Public account .

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PARLIAMENTARY COMMITTEES
(Appointed or elected by the house or
nominated by speaker or chairman.)

Standing Committees:- Ad Hoc Committees:-


Permanent (constituted every year or Temporary and cease to exist on
periodically) , work on a continuous completion of the task assigned to
basis. them.

Important Parliamentary Committees :-

Estimates Committee Committee on Public


Undertakings
Constituted in 1950 on recommendation of On the recommendation Krishna Menon Committee 1964
John Mathai Composition 22 = 15(LS) + 7(RS). The Minister cannot be a
Composition:- 30 members all from LS. These member. Chairman of the committee is appointed by the
members are elected every year. The Minister Speaker
cannot be a member. Function To examine reports and accounts of public
Function:- To examine the budget and also sector undertakings
suggest economies of public expenditure
Departmental
Public Accounts Standing Committee
Committee
(24 Committees)
Set up first in 1921 under GOI Act 1919.
On the recommendation of the Rules committees of Lok
Composition 22 = 15(LS) + 7(RS).
Sabha (1993). In 2004, seven more such committees were
Elected for one year on the basis of
set up, thus increasing their number from 17 to 24. 8
proportional representation by single
under R.S and 16 under L.S.
transferable vote. The Minister cannot
Composition:- 31 = 21(LS) + 10(RS). Members nominated
be a member.
by respective presiding officers. Term: each standing
Chairman:- Appointed by speaker of L.S.
committee’s term is one year from the date of its
Function:- Examines CAG Audit report
constitution
and discovers the irregularities. CAG -
Functions:- To examine bills, demand of grants and other
friend, philosopher, and guide for PAC.
matters recommended to them.

Other Committees :-
Committee with Presiding officers of Lok Sabha (Speaker) and Rajya Sabha (Chairperson)
Rules Committee: considers the matters of procedure and conduct of business in the House and
recommends necessary amendments or additions to the rules of the House.
Business Advisory Committee
General Purposes Committee

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STATE LEGISLATURE -PART VI ARTICLE 152-237
THE GOVERNOR
Governor is the chief executive head of the state (nominal head).
Also acts as an agent of central government.
7th CAA 1956:- facilitated the appointment of single person as the governor for 2 or
more states.

Article 153 There shall be governor of the state.

Article 154 Executive power of state.

Article 155 Appointed by president.

Article 156 term of governor - 5 yrs subject to the pleasure of 11.. Citizen of India.
the President. 2. Minimum 35
2.
years of age.
Article 157 Qualifications.

Article 158 Conditions of governor's office. Chief Justice of


HC/senior most
Article 159 Oath judge

Article 160 Discharge of functions of governor in some exigencies


Cannot pardon
Article 161 Pardoning power of governor. death sentence
and court martial
Article 162 Extent of executive power of state.

Article 163 Promulgate an ordinance when any one or both houses are not in
session in the case of Bicameral legislature.

STATE LEGISLATURES (PART VI: ARTICLES 168-212)


Article 163 CoM to aid and advise governor .
Chief Minister
Article 164 CM shall be appointed by governor. is the real executive
authority
Article 166 Conduct of business of the government of a state. (de facto executive)
– head of the state
Article 168 Composition of State Legislature (Legislative Assembly
& Legislative Council, if applicable).
government.

Article 169 Creation or abolition of Legislative Council in a state.

Article 170 Composition of the Legislative Assembly (MLAs, strength, delimitation).

Article 171 Composition of the Legislative Council (MLCs, strength, nomination).

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Article 177 Rights of ministers w.r.t the houses.

Article 200 Assent of the Governor to Bills (Approval, return, or reservation


for President).

in all states and UTs


Legislative
assembly
Strength

.....
Maximum strength:- 500 ,Minimum strength:- 60
Exception:- Arunachal Pradesh, Sikkim, Goa ; Min
strength is 30 Mizoram - 40, Nagaland – 46

Legislative Only in 6 states:- Andhra Pradesh, Bihar, Karnataka,


Maharashtra, Telangana and Uttar Pradesh.
Council
.....
Power to create or abolish Legislative Council :-
Parliament by simple majority if the state passes a resolution
by a special majority .
Strength :
Max strength: 1/3rd of the total strength of the assembly.
Min strength: 40
Members are indirectly elected.
The constitution has fixed the maximum and minimum limits, but actual strength
is fixed by Parliament.

Manner of election :
1/3: by the members of the local bodies like municipalities, district boards etc.
1/3: by members of the Legislative Assembly.
1/12: by graduates of three years standing & residing in the state.
1/12: teachers of three years standing in the state, not lower in standard than
secondary school
1/6: nominated by the governor on the basis of literature, science, arts, social
science, cooperative societies .
Continuing chamber : One-third of members retire after every 2nd year.

OTHER PROVISIONS RELATED TO MEMBERS OF


LEGISLATIVE ASSEMBLY AND COUNCIL
Oath or affirmation :- by governor or any person appointed by governor
Qualifications :-
Citizen of India.
Make and subscribe to an oath or affirmation before the person authorized by the ECI.
Age: Not less than 25 yrs (LA) & 30 yrs (LC).
Other qualifications prescribed by the Parliament.

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SUPREME COURT (PART V: ARTICLE 124 TO 147)
Article 124 Establishment and constitution of SC. The structure of Indian
judiciary is three tier system
Article 125 Salaries etc. of judges
(determined by president )
Law on privileges and
Article 126 Appointment of acting chief justice.
salaries time to time by
the Parliament. Cannot
Article 127 Appointment of ad hoc judges. be varied to their
disadvantage.
Article 128 Attendance of retired judges at sittings of
the SC.

Article 129 Court of record / Contempt of court President appoints when –


office of CJI is vacant or
Article 130 Seat of SC. CJI is temporarily absent
and CJI in unable to
Article 131 Original Jurisdiction. perform the duties of his
office.
Article 132 Appellate Jurisdiction of SC in appeals
from high courts in certain cases,
constitutional matter. Has exclusive jurisdiction
(only SC can hear such
Article 133 Appellate Jurisdiction of SC in appeals disputes)
from high court in civil matters. between State and center
between State and other
Article 134 Appellate Jurisdiction in criminal matter. states
between Center and
Article 136 Special leave to appeal by the SC. state on one side and
other state on other side.
Article 137 Review of judgements or orders by the
supreme court.

Article 140 Ancillary powers (can help legislature to make law better)

Article 141 Laws declared by SC to be binding on all


The President can seek the
courts.
opinion of the SC in two
Article 142 Enforcement of decree and orders of SC and categories of matter:
any question of law or
orders as to discovery etc.
fact of public importance
Article 143 Power of president to consult supreme court. SC may or may not follow
the opinion.
pre-constitutional matters
Article 144 All authorities, civil and judicial, in the Opinion expressed is only
territory of India shall act in aid of the advisory and not binding
Supreme Court.

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Tenure
The Constitution has not fixed tenure of judges of SC. Grounds:-
However, it makes the following three provisions:
proved misbehaviour
Holds office until he attains the age of 65 years.
Resign by writing to the President. incapacity
Removed from office by the President on the
recommendation of parliament.

Strength :- Total 34 judges (CJI + 33 other judges).


Appointment
For Chief Justice: President after consulting such judges of the SC + HC.
For other Judges: President after consulting CJI + judges of SC + HC

Article 124(A) NJAC Act & 99th Constitutional Amendment sought to replace the
Collegium with a six-member commission (including government
representatives)

The Supreme Court struck it down in 2015, calling it unconstitutional, thus


reinstating the Collegium System
Resignation in written to the President
Qualifications :-
Citizen of India.
judge of an HC for 5 years .
Advocate of a High Court for ten years.
Distinguished jurist in the opinion of the president
No minimum age prescribed by the constitution for appointment as a judge of the
Supreme Court

Removal of a judge :-
President can issue removal order only after an address by parliament has been
presented to him
Removal motion signed by : 100 members :- LS and 50 members :- RS
On grounds of proved mis behaviour and incapacity
The address must be supported by a special majority of each House of Parliament.
No judge of the SC has been impeached so far

Oath before President:-


Cannot do private practice once has been placed as a judge of SC

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HIGH COURT (PART VI: ARTICLE 214-232)
1862:- High courts were set up at Kolkata, Bombay, Madras
1866:- Allahabad HC
High court act 1861:- Abolished presidential Supreme courts in Bombay, Calcutta
and Madras and created several high courts in provinces
7th Amendment Act of 1956:- Authorized the Parliament to establish a common
High court for two or more states or for two or more states and a UT
Presently, 25 High Courts in India
Delhi and Jammu & Kashmir: only UTs in India having a High Court of their own.

Article 214 Establishment of HC For Chief Justice: President


after consulting CJI + Governor
Article 215 HC is a court of record of the concerned state.
For other Judges: President
Article 216 Constitution of HC
after consulting CJI (Second
Judges case) + Governor + CJ
Article 217 Appointment
of State High Court

Article 219 Oath or Affirmation Qualifications of Judges


Citizen of India.
Article 220 Restriction on practice after being Should have held judicial office
a permanent judge. for 10 years or
He should have been an
Article 221 Salaries and Allowances . advocate of the High Court
(for 10 years.
Article 222 Transfer of Judges from one High
No minimum age prescribed.
Court to another.
Unlike Supreme Court, no
Article 225 Jurisdiction of existing high court . provision for the appointment
of a “distinguished jurist”

Article 226 Power of High Courts to issue


writs. Determined from time to
Article 227 High Court's power of superintendence time by the Parliament.
over subordinate courts. Salaries of judges of
HC:- “Consolidated Fund
Article 230 Extension of jurisdiction of State”.
Pensions of judges of HC
Article 231 Establishment of a common HC for two “Consolidated Fund of
or more states. India”.

TENURE
The Constitution does not provide for a fixed tenure of judges of HC.
Four provisions: Until 62 years (65 in case of SC). Resign by writing to the President.
Can be removed from office by the President on the recommendation of Parliament. He
vacates his office when he is appointed as SC judge or when he is transferred to
another HC.
REMOVAL
Same as a judge of SC.
No judge has been impeached so far.
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Bombay: Maharashtra, Goa, Dadra and Nagar Haveli,
COMMON
Daman and Diu
JURISDICTION
Guwahati: Assam, Nagaland, Mizoram and Arunachal Pradesh
OF HIGH
Punjab and Haryana: Punjab, Haryana, Chandigarh
COURT WITH
Calcutta :West Bengal, Andaman and Nicobar Islands
TWO OR MORE
Madras: Tamil Nadu, Puducherry
STATES/UTs
Kerala: Kerala, Lakshadweep

AMENDMENT OF THE CONSTITUTION


(PART XX: ARTICLE 368)
Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976,
respectively.

PROCEDURE FOR THE AMENDMENT OF THE CONSTITUTION (ARTICLE 368)


Introduced either by a minister or private member and in either house of the parliament
Prior permission of the President is not required to introduce the bill.
There is no provision for a joint sitting in case of disagreement between the two Houses.
Amending federal provisions - Special majority + ratification by the legislatures of half
of the states by a simple majority.
24th constitutional amendment: obligatory for the President to give his assent.
The state legislature cannot introduce a constitutional amendment bill.
TYPES OF MAJORITY

Simple Majority Majority of members of each house present and voting.

Special Majority Majority of total (irrespective of the vacancies/absentees)


membership of each house (more than 50%) and majority of
two-thirds of the members of each house present and voting.

Special Majority of Parliament & Consent


of States

Special majority + Ratification of half (50%) of the state


legislatures by a simple majority. Most of the federal
provisions are amended by this method.

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IMPORTANT
CONSTITUTIONAL AMENDMENTS

The first PM, Jawaharlal Nehru, added the Ninth Schedule to protect
1st CAA, 1951 the land reforms and other laws included in it from judicial review.
Afterwards, Art.31, 31A and 31B were inserted.

The provision of having a common High Court for two or more


states was introduced.
7th CAA, 1952
Abolition of Class A, B, C and D states and reorganized them into
14 States and 6 UTs

12th CAA, 1962 Inclusion of Goa, Daman and Diu as UT into the Indian Union.

Insertion of 371 A to make special provisions for the administration of


13th CAA, 1962
the state of Nagaland.

14th CAA, 1962 Incorporated Puducherry in the Indian Union.

Affirmed the power of Parliament to amend any part of the


Constitution, including Fundamental rights.
24th CAA, 1971
Made it compulsory for the President to give his assent to a
Constitutional Amendment Bill.

Withdrew the recognition of princely states and their privy purses were
26th CAA 1971
abolished.

Terminated the protectorate status of Sikkim and conferred the


35th CAA, 1974 status of an associate state of the Indian Union.
The Tenth Schedule was added.

36th CAA, 1975 Made Sikkim a full-fledged State and omitted the Tenth Schedule.

Added three new words - Socialist, Secular and Integrity - in the


42nd CAA, 1976 Preamble.
(Mini Added Fundamental Duties by the citizens (new Part IV A).
Constitution) Added four new Directive Principles viz., Article 39,Article 39A
,Article 43A ,Article 48A

Replaced the term ‘internal disturbance’ by ‘armed rebellion


Deleted the right to property from the list of Fundamental Rights
(Article 31) and made it only a legal right.(Article 300A)
44th CAA, 1978
President declares emergency only on the written recommendation of
the cabinet.
Added section-2 to Article 38 – State to minimize inequalities.

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Disqualification of members of Parliament and state legislatures on the
52nd CAA, 1985
ground of defection and added a new 10th Schedule.

56th CAA, 1987 Goa made a full- fledged state.

Reduced the voting age from 21 years to 18 years for the Lok Sabha
61st CAA, 1989
and state legislative assembly elections.

A special status to the Union Territory of Delhi by designating it as the


69th CAA, 1991
National Capital Territory of Delhi.

Panchayati Raj institutions, new Part-IX entitled as ‘the panchayats’ and


73rd CAA, 1992
a new ‘Eleventh Schedule’ containing 29 functional items.

Urban local bodies and addition of a new Part IX-A entitled as ‘the
74th CAA, 1992 municipalities’ and a new ‘Twelfth Schedule’ containing 18 functional
items.

Extended the ban on the readjustment of seats in the Lok Sabha and
84th CAA, 2001 the state legislative assemblies for another 25 years (i.e., up to 2026)
with the same objective.

Made elementary education a fundamental right under Article 21A.


86th CAA, 2002 Changed the subject matter of Article 45 in Directive Principles
Added a new fundamental duty under Article 51A.

87th CAA, 2003 Provision of delimitation of constituencies on the basis of 2001 census.

Bifurcated the National Commission for Scheduled Castes and


89th CAA, 2003
Scheduled Tribes into two separate bodies.

Council of ministers shall not exceed 15% of the total strength of Lok
91st CAA, 2003
Sabha.

93rd CAA, 2005 Reservation for other backward classes in educational institutions .

97th CAA, 2011 Constitutional status and protection to cooperative societies.

Formation of a National Judicial Appointments Commission.


99th CAA, 2014 In 2015, a five judge Constitution Bench of SC by 4:1 majority upheld
the collegium system and struck down the NJAC as unconstitutional.

100th CAA, Related to the Land Boundary Agreement (LBA) between India and
2015 Bangladesh.

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101st CAA, 2017 the Goods and Services Tax in the country from 1st July 2017.

102nd CAA, 2018 Constitutional status to National Commission for Backward Classes.

103rd CAA, 2019 10% Reservation for Economically Weaker Sections (EWS).

Extended the reservation of seats for SCs and STs in the Lok Sabha
104th CAA, 2020
and states assemblies.

Restored state governments' power to prepare the socially and


105th CAA, 2021
economically backward classes (SEBC) list.

It reserves one-third of all seats for women in Lok Sabha, State


106th CAA, 2023 legislative assemblies, and the Legislative Assembly of the National
Capital Territory of Delhi, including those reserved for SCs and STs.

CASES RELATED TO BASIC STRUCTURE OF THE CONSTITUTION


Golaknath Case 1967
Kesavananda Bharati Case 1973
Minerva Mills Case 1980
IR Coelho vs State of Tamil Nadu, 2007 The SC ruled that all laws (including those in the
Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the
Constitution.

EMERGENCY PROVISIONS
(PART XVIII: ARTICLES 352-360)
Article 352 Establishment of HC

Emergency due to:-


war
external aggression
armed rebellion (National Emergency).
Declared by president within 1 month it has to be passed by parliament(both houses)
Approval:- 1 month by special majority by both the houses
If Approved by both houses:- continues for 6 months
Can be extended for an indefinite period but should be approved every 6 months
38th CAA 1975:- made national emergency immune from judicial review but 44th CAA
restored it
Revoked:- by president , if LS revokes : simple majority
Rights under Article 20,21 can never be suspended
Has been proclaimed three times in 1962, 1971 and 1975.

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Article 356 Emergency due to the failure of the constitutional machinery in the
states (President’s Rule).

Approved by both the houses within 2 months by simple majority.


Once approved continues for 6 months.
Max. period :- 3 years(every 6 months approval of parliament).
Revoked :- by President any time .
First president rule – Punjab – 1951 .
Max. times imposed in Manipur(10) & UP(10) .

Article 360 Financial emergency. (never imposed)

Article 355 Duty of Centre to protect every state against external aggression
and internal disturbance.

Article 365 If a state fails to comply with any direction from the Centre.

TRIBUNALS

The 42nd Amendment Act of 1976 introduced a new Part XIV-A titled ‘Tribunals’ in the
Constitution. It was based on the recommendation of the Swaran Singh Committee.

Article 323A Addressing administrative tribunals.

Article 323B Addressing tribunals for other matters.

PANCHAYATS
It was constitutionalised by the 73rd Constitutional Amendment Act of 1992 and
added part 9th and 11th schedule
First state to establish Panchayati Raj: Nagaur, Rajasthan (by PM Jawaharlal Nehru
on October 2, 1959)
Lord Ripon resolution (Father of Local Self Government): Magna Carta of local self-
government introduced in 1882.
Panchayati system in all states except Nagaland, Meghalaya and Mizoram and all
UTs except Delhi.
Article 243-243O , 29 items 24th April -
National Panchayati Raj Day

EVOLUTION OF PANCHAYATS IN INDIA


1. Balwant Rai Mehta Committee (1957):- Three-tier panchayati raj system.
2. Ashok Mehta Committee (1977):- 2 tier
3. L M Singhvi Committee (1986):- 3 tier system
4. Thungon Committee (1988):- District planning
5. Gadgil Committee (1988) (Committee on Policy and Programs)

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Constitution of Panchayats

Article 243 Definition. 3-tier system:- village-


intermediate-district
Article 243A Gram Sabha:- powers and functions If population <20 lakh then
determined by state legislature. intermediate is not compulsory

Article 243B Constitution of Panchayats. For SCs and STs seats reserved in
proportion to their population
Article 243C Composition of Panchayats. For women:- 33%

Article 243D Reservation of seats. but if dissolves and less than 6


months left:
Article 243E Duration of Panchayats -5 yrs. election is not mandatory
And if more than 6 months left :
Article 243F Disqualifications of membership election is mandatory and new
panchayat will serve for the
Article 243K Election to the panchayats . remaining period.

Article 243I Constitution of finance commission


Laws made by state legislature
to review financial position
can cause disqualification
Constitution of state financial
Minimum age 21 yrs.
commission.
State Election Commission
Article 243J Audit of accounts of panchayats.
conducts all elections to the
panchayat
Article 243H Definition of cooperative societies Directly elected by people
Chairperson at village level – state
PESA Act of 1996:- provisions of the panchayats legislature determines
(extension to scheduled areas) Chairperson at block and district
level – indirectly elected

MUNICIPALITY
1687 - Madras: first municipal corporation.
1726- municipal corporation was established in Bombay and Calcutta by a royal charter
1882 - Lord Ripon resolution (Father of Local Self Govt.): Magna Carta of Local Self
Government.
74th CAA :- Added twelfth Schedule, which contains 18 functional items
Added Part IX A, which consists of provision from Article 243P-243 ZG

Three Tier –
Co-operative Societies
Nagar Panchayat (Transitional Areas)
Part IX-B From Article
Municipal Council(Smaller Urban Areas)
243ZH- Article 243ZT
Municipal Corporation(Larger Urban Areas)

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Scheduled and
Tribal Areas
Article 244 Part X: special system of administration for ‘Scheduled
Areas’(SA) & ‘Tribal Areas’(TA).

Special Provisions for Some States


Article 371 Maharashtra and Gujarat Article 371F Sikkim
Article 371A Nagaland Article 371G Mizoram
Article 371B Assam Article 371H Arunachal Pradesh
Article 371C Manipur Article 371I Goa

Article 371D Andhra Pradesh or Telangana Article 371J Karnataka

Article 371E Parliament to provide for the establishment of a central university in the state
of Andhra Pradesh.

Article 370 special status of Jammu and Kashmir scrapped in 2019.

CONSTITUTIONAL
BODIES
UPSC
Article 315 to 323, Part XIV
UPSC:- Union
Article 315 Public service commission for the union and the
SPSC:- State
states.

Article 316 Appointment and term of office of members.

Removal and suspension. UPSC and JPSC - President, SPSC - Governor


Article 317
Tenure :
Power to make UPSC :- 6 years or age of 65 years of age,
Article 318
regulations as to whichever is earlier.
conditions of service of SPSC,JPSC :- 6 years or 62 years of age ,
members and staff of whichever is earlier.
the commission . UPSC Chairman: Not eligible for further
Article 319 Prohibition as to holding appointment in GOI or State.
of office by members of Members: eligible for UPSC chairman and
commission on ceasing SPSC/JPSC chairman
to be such members .
SPSC , JPSC Chairman: Not eligible for
reappointment (i.e. for 2nd term) or any other
Article 320 Functions of public
service commission . appointment to GOI or State but eligible to be
chairman or member of UPSC
Power to extend
Article 321 Appointment : By the Governor but can only be
functions of public
service commission . removed by the President.

Parliament:- UPSC State legislature:- SPSC

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Article 322 Expenses of public Resignation(SPSC) :- Governor
service commission. Resignation(UPSC and JPSC) :- President
Removing Authority :- President
Article 323 Reports of public Grounds - insolvency, engaged in paid
service commission.
employment, unsound mind and misbehavior
UPSC:- President
SPSC, JPSC:- Governor

ELECTION COMMISSION OF INDIA (ECI)


Article 324-329, Part XV
Article 324 Elections to Parliament, State Legislatures, President and V.P.
(Superintendence, direction and control of elections)

Article 325 No person to be ineligible for inclusion in electoral roll only on ground
of religion, race, caste, sex .

Article 326 Election to LS and RS.

Article 327 Power of parliament to make provisions wrt elections to state


legislature.

Article 328 Power of state legislature to make provision wrt to elections to


such legislature.

Article 329 Bar to interference by courts in electoral matters.

Appointment - by President
Conditions of service - by president
No qualifications prescribed in the constitution .
Election Commission of India (ECI) became a multi-member body:- 61st CAA 1989, voting
age from 21 to 18, introduced two additional Election Commissioners, making the ECI a
three-member body
Tenure and Salary - Currently 6 years or age of 65 years, whichever is earlier.
The Constitution has not debarred from further appointment.
Resignation - President.
Removal Procedure -same manner as a judge of the Supreme Court
First election commissioner - Sukumar Sen
First woman chief election commissioner of India- V.S. Ramadevi

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COMPTROLLER & AUDITOR GENERAL (CAG)
Article 148 to 151, Part V

Article 148 Comptroller and Auditor General of India.

Article 149 Parliament can prescribe duties and


powers of CAG.

Article 150 Forms accounts of the Union and States.

Article 151 Audit reports to President.

“Guardian of the public purse” and controls the entire 1. Audits the accounts related
financial system of the country at both levels: the to all expenditure from the
Centre and the state. consolidated fund of India
Appointment – by President and contingency fund of India
Single-membered body 2. Ascertains certified the net
Tenure and Salary – process of any tax and duty
6 years or age of 65 years, whichever is earlier. 3. Complies and maintains the
Not eligible for further appointment to GOI or State accounts of state
Salary and Service conditions are determined by the governments .
Parliament.
Resignation- President.

ATTORNEY GENERAL OF INDIA(PART V)


Article 76:- Attorney General of India
Part of Union Executive
Highest law officer in the country
Appointment:- President
Qualified to be Judge of SC
Tenure:- Holds office during the pleasure of the President.
Not a full- time counsel of government
Not debarred from private practices
Salary - President may determine
Resignation:- To the President
1st Attorney General:- MC Setalvad
Current Attorney General:- R. Venkataramani

ADVOCATE GENERAL OF STATE(PART VI)


Article 165:- Advocate general of the State
Highest law officer in the state
Appointment – by Governor
Qualified to be Judge of HC
Tenure - Holds office during the pleasure of the Governor
Salary - As Governor may determine.
Resignation – to Governor

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GST COUNCIL
Article 279 A, Part XII Article 246A
GST council members – Special provisions that give
1. Union Finance Minister as the chairperson Parliament and state
2. Union minister of state in-charge of revenue or finance legislatures the power to
3. Minister in-charge of Finance or taxation or any other make laws about Goods and
minister nominated by each state government Services Tax (GST) .
Appointment - By President

SPECIAL OFFICER FOR LINGUISTIC MINORITY


Article 350 B, Part XVII
Appointment:- By President

FINANCE COMMISSION
Article 280 (Part XII)
Quasi -judicial body
Constituted by president every 5 yrs.
Composition :- Chairman + 4 other members.
Chairman: Should be a person having experience in public affairs, and the four other
members --
Judge of HC or qualified to be appointed as one.
having specialized knowledge of finance & accounts of the government.
experience in financial matters & administration.
special knowledge of economics
Tenure :-
Constituted by the President of India every fifth year or at such earlier time as he
considers necessary.
Hold office for such a period as specified by the president in his order.
Eligible for reappointment
Functions :- Distribution of the net proceeds of taxes between the Centre and the states,
and the allocation between the states of the respective shares of such proceeds
Chairperson of first Finance Commission (1951): K C Neogy
Current Chairperson:- Dr. Arvind Panagariya (16th FC)

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NATIONAL COMMISSION FOR SCHEDULED CASTES,
SCHEDULED TRIBES, AND BACKWARD CLASSES
BODY Scheduled Castes Scheduled Tribes Backward Classes

Originally: Art.338 provided for


Special officers for SC & ST Originally: NCBC was set
65th CAA 1990: multi-member up in 1993 as a
National Commission for SCs & Statutory body according
STs with constitutional status. to the Mandal case
89th CAA 2003: Single judgment of SC (1992).
commission separated into NCSC 102nd CAA, 2018:
(Art.338) & NCST (Art.338 A). accorded Constitutional
The separate National status with the insertion
Commission for SCs and STs of new Art.338 B.
came into existence in 2004

Article 338, Article 338A,


Article Article 338B, Part XVI
Part XVI Part XVI

Appointment By President by warrant under his hand and seal.

Members Members Chairperson + Vice Chairperson + 3 others member

Under the Rules, they hold office for a term of three years. They
Tenure
are not eligible for appointment for more than two terms.

Presents an annual report to the President. The President places all


Reports
such reports before the Parliament.

NON- CONSTITUTIONAL
BODIES
NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
Statutory Body established by an Act of Parliament (Protection of Human Rights Act
1993). NHRC/SHRC are watchdogs of human rights in the country/state.
Composition :- Chairperson + 5 Members
Appointment :- Chairperson and members by the President
Tenure :- 3 years or 70 years of age, whichever is earlier
Resignation :- To the President.

CENTRAL BUREAU OF INVESTIGATION


Recommended by Santhanam Committee (on corruption)
Established in 1963 by resolution of the Ministry of Home Affairs, Government of India
Derives powers from the Delhi Special Police Establishment Act, 1946.
Under the Ministry of Personnel.
Term: 2 years

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CENTRAL VIGILANCE COMMISSION (CVC)
Established in 1964 by an executive resolution.
Recommended by the Santhanam Committee.
It was conferred statutory status by the Central Vigilance Commission Act, 2003
Appointment :- By President on the recommendation of the Selection Committee -PM,
Leader of Opposition (LS) and Home Minister
Term:- 4 Years or the age of 65 years, whichever is earlier.
Not eligible for further appointment under State or Central Government.

LOKPAL AND LOKAYUKTA


First country to introduce the institution of ombudsman (lokpal) was Sweden.
Establishment:
Under an act of Parliament (Lokpal and Lokayukta Act, 2013) - Statutory Body.
Lokpal at Centre and Lokayukta at State
Appointment:
For Lokpal - By President.
For Lokayukta – by Governor.
Composition :- 1 chairperson + 8 other members
Chairperson :- Must be a former Chief Justice of India, a Judge of the Supreme Court,
or an eminent person with anti-corruption expertise
8 members :- 50% must be judicial members and 50% must be from SC/ST/OBC,
minorities, or women.
Function:
Can order investigations, prosecute corrupt officials, and direct CBI for inquiries
Tenure : 5 Years or the age of 70 years.
Salary/ Allowance : Chairperson- equivalent to CJI and Member-Judge of SC.
Resignation : President
Justice Pinaki Chandra Ghose :- first lokpal of India in 2019

NITI AAYOG (NATIONAL INSTITUTION FOR TRANSFORMING INDIA)


Introduced NITI Aayog in 2015
Extra Constitutional Body
Think Tank
Composition:-
Chairperson: Prime Minister of India.
Governing Council comprising the CMs of all the States, CM of Union Territories with
Legislatures and Lt. Governors of UTs.

INTER STATE COUNCIL


Article 263 - Establishment of inter-state council
On recommendation of Sarkaria commission, June 1983
Members:- CM of all states+ 6 ministers of cabinet rank to be nominated by PM
Zonal council- State reorganization act 1956
Chairman - Home Minister

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Official language
Classical Language status
Languages conferred with Tamil (2004)
Sanskrit (2005) Part XVII
Telugu (2008)
Kannada (2008) (Article 343 - 351)
Malayalam (2013)
Article 343 Official language of union.
Odia (2014)
October 3, 2024, the Government of Article 345 Official language of state.
India has granted Classical
Originally 14 languages are there in the
Language status to five additional
constitution now 22.
languages:
21 CA 1967-sindhi was added
Marathi 71 CA 1992- konkani, manipuri and Nepali
Bengali 92 CA 2003- bodo, dogri, maithali, and
Assamese santhali
Pali Oriya was renamed as ‘Odia’ by the 96th
Prakrit CAA, 2011 .

Schedules of the Constitution


FIRST States and union territories names and their boundary details

The provisions in relation to allowances, privileges, emoluments of:


President of India
Governors of Indian States
Speaker of Lok Sabha & Deputy Speaker of Lok Sabha
Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha
Speaker and Deputy Speaker of Legislative Assemblies of Indian
SECOND
States
Chairman and Deputy Chairman of Legislative Councils of the
Indian States
Supreme Court Judges
High Court Judges
Comptroller & Auditor General of India (CAG)

THIRD Forms of Oaths or Affirmations

Allocation of seats in the Rajya Sabha to the states and the union
FOURTH
territories.

FIVTH Administration and control of Scheduled Areas and Scheduled Tribes.

Administration of tribal areas in the states of Assam, Meghalaya,


SIXTH
Tripura and Mizoram

Detailed list about Union and states government power and


concurrent lists
SEVENTH Union (52)
State (100 ,{originally 97})
Concurrent (61 ,{originally 66})

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Languages recognized by the Constitution. Originally, it had 14
EIGHTH
languages, but presently there are 22 languages.

NINTH Validation of certain acts and regulations.

TENTH details about party changes and disqualification of MP/MLA

ELEVENTH Panchayats

TWELFTH Municipalities

Miscellaneous

Quasi - federal constitution :- K.C. Wheare

Article 246 Subject matter of laws made by the parliament and by the
legislatures of states.
Article 239(2) The president may appoint the governor of a state as the
administrator of an adjoining union territory.

Article 239AA The special provisions with respect to Delhi.

part IX Provisions related to relations between the unions and the


(article 245-263) states

Article 312 All India Services (IAS, IPS, IFoS).

Article 326 Related to universal adult suffrage


( amended in 1988, 61st CAA)

First backward classes commission, 1953 leaded by Kaka Kalelkar.


Center- state relations Commissions
1) M.M. Punchhi Commission 2007
2) Sarkaria commission 1983
27% reservation for OBC recommended by Mandal commission
Karve committee -small scale industries
Indian federalism was described as bargaining federalism - Morris Jones
EVM was first introduced in North paravar kerala assembly election (1982)
Democracy means a system of 'government by consent' :- John Locke
Cooperative federalism – Granville Austin
Constitutional assembly was congress and congress was constitutional assembly
- Granville Austin
Granville Austin described constitution as Seamless web

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