[go: up one dir, main page]

0% found this document useful (0 votes)
56 views56 pages

Polity Proofread

The document outlines the historical background of significant legislative acts that shaped the governance of India from the Regulating Act of 1773 to the Government of India Act of 1947. It details the evolution of the East India Company's control, the establishment of the British Crown's governance, and the formation of the Indian Constitution. Key events, figures, and milestones in the journey towards India's independence and constitutional development are highlighted.

Uploaded by

debanjankar873
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
56 views56 pages

Polity Proofread

The document outlines the historical background of significant legislative acts that shaped the governance of India from the Regulating Act of 1773 to the Government of India Act of 1947. It details the evolution of the East India Company's control, the establishment of the British Crown's governance, and the formation of the Indian Constitution. Key events, figures, and milestones in the journey towards India's independence and constitutional development are highlighted.

Uploaded by

debanjankar873
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 56

POLITY

For All One


Day Exams

Test RanKING

Click on
HISTORICAL BACKGROUND

Regulating Act Of 1773


• First step by the British Parliament to control and regulate the affairs of the
East India Company.
• Designated the Governor of Bengal as the Governor-General of Bengal, assisted
by a Council of 4 members.
• Warren Hastings became the first Governor-General of Bengal.
• A Supreme Court was established at Calcutta in 1774, consisting of 1 Chief
Justice and 3 other judges.
• Sir Elijah Impey was appointed as the first Chief Justice.

Sir Elizah Impey

Warren Hastings

Pitt’s India Act, 1784


• Introduced a system of Dual Government.
• Created the Board of Control to manage political affairs.
• The board consisted of 6 members.
• The Court of Directors continued to handle commercial affairs.

Charter Act of 1793


• The Charter Act of 1793, also known as the East India Company Act 1793, was
passed by the British Parliament to renew the company’s charter.
• Extended the Company’s trade monopoly in India for another 20 years.

Download Test RanKING App for Free Mock Tests & E-Books 1
Charter Act of 1813
• Ended the trade monopoly of the East India Company (EIC) in India
except for the monopoly in tea trade and trade with China.
• The Company was directed to spend Rs. 1 Lakh annually on the education
of Indians.
• Christian missionaries were allowed to enter India for the first time.

Charter Act of 1833


• Upgraded the Governor-General of Bengal to Governor-General of India.
• William Bentinck became the first Governor-General of India.
• Established the Indian Law Commission in 1834.
• The first Chairman of the commission was Lord Macaulay.
• Slavery was declared illegal in British India under this act.

Lord Macaulay

William Bentinck

Charter Act of 1853 (Last Charter Act)


• Passed by the British Parliament to renew the East India Company’s charter.
• Unlike earlier Charter Acts, this act did not mention any fixed time (like 20
years) for renewal.
• Introduced an open competition system for selecting civil servants.
• Macaulay Committee (1854) was appointed for reforming the Indian Civil
Services.

Download Test RanKING App for Free Mock Tests & E-Books 2
Government of India Act, 1858 Government of India Act, 1919
NEWS Reforms)
(Also called the Act of Good Governance) (Montague-Chelmsford
• British Crown took direct control of Indian • Montague – Secretary of State | Chelmsford –
administration (ending Company rule). Viceroy.
• Governor-General of India became the Viceroy. • Introduced Diarchy in Provinces (power shared
• First Viceroy: Lord Canning between British and Indians in provincial
subjects).
• Abolished the Board of Control and Court of
• Introduced Separate Electorates for Sikhs,
Directors, ending the Dual Government system. Indian Christians, Anglo-Indians, and Europeans.
• Created a new post: Secretary of State for India, • Public Service Commission (now UPSC) was set
a British Cabinet member responsible for Indian up in 1926 to recruit civil servants.
affairs. • Voting rights were given to Indian women (for
the first time).
• A 15-member Council of India was formed to
assist the Secretary of State.

Government of India Act, 1935


Indian Councils Act, 1909
(Morley-Minto Reforms) • Proposed to create an All-India Federation
(not implemented).
• Morley – Secretary of State | Minto • Gave Provincial Autonomy (ended Diarchy in
– Viceroy. provinces).
• Introduced Separate Electorate for • Introduced Diarchy at Centre and
Muslims. bicameralism in provinces.
• Reserved seats for Depressed Classes, and
• Lord Minto was called the “Father of
special representation for Women and
Communal Electorate.” Labor.
• Indians were allowed to join the • RBI (Reserve Bank of India) was established
Viceroy’s Executive Council. in 1935, based on Hilton Young Commission
• Satyendra Prasad Sinha became the (1926).
first Indian to join the council as a • A Federal Court was set up in 1937.
• Burma was separated from India.
law member.

Government of India Act, 1947


• On June 3, 1947, Lord Mountbatten presented the partition plan, accepted by
Congress and Muslim League.
• Declared India an Independent and Sovereign Nation from 15 August 1947.
• Secretary of State for India post was abolished.
• Lord Mountbatten became the first Governor-General of independent India.
• The Constituent Assembly (formed in 1946) became the Parliament of Indian
Dominion.

Download Test RanKING App for Free Mock Tests & E-Books 3
First Cabinet After Independence Members Portfolios
Jawaharlal Nehru PM; External Affairs and Commonwealth
Relations; Scientific Research
Sardar Vallabhbhai Patel Home, Information and Broadcasting;
States
Dr. B.R. Ambedkar Law
Dr. John Mathai Railways and Transport
Jagjivan Ram Labour
R.K. Shanmugham Chetty Finance
Maulana Abul Kalam Azad Education
Dr. Rajender Prasad Food and Agriculture
Rajkumari Amrit kaur Health
Sardar Baldev Singh Defense
C.H. Bhabha Commerce
V.N. Gadgil Works, Mines, and Power
Shyama Prasad Mukherjee Industries and Supplies
Rafi Ahmed Kidwai Communication

MAKING OF
INDIAN CONSTITUTION

1934 1938 1942


M.N. Roy 1935 Jawaharlal
1940 Cripps Proposal
by Stafford 1946
demanded Nehru August Offer,
INC Cripps --> A
demand of Cabinet Mission
Constituent demanded draft proposal Plan → Laid the
officially constituent
Assembly on behalf on framing of groundwork for
demanded a assembly
for India. of the INC. an the Constituent
Constituent accepted.
independent Assembly.
Assembly. Rejected later Members:
by congress Constitution.
Pethick
and Muslim It was rejected
Lawrence
league by INC. (Chairman), Sir
(Viceroy Result--> Quit Stafford Cripps
Linlithgow) India Movement and A V
Alexander

Download Test RanKING App for Free Mock Tests & E-Books 4
9th December, 1946 11th December, 1946 13th December, 1946 2nd September 1946
• First meeting of the • Dr. Rajendra Prasad • Objective Resolution • Formation of the
Constituent Assembly. elected as President of introduced by Interim Government
• Muslim League boycotted the Assembly. Jawaharlal Nehru of India.
it. • Vice-Presidents: H.C. (foundation of the
• Dr. Sachchidananda Sinha Mukherjee and V.T. Constitution).
(oldest member) appointed Krishnamachari.
temporary chairman.

26th November, 1949 15th August, 1947 22nd July, 1947


• Constitution of India • Transfer of power; India • National Flag was
was adopted by the and Pakistan became adopted.
Assembly. independent dominions.

26th January, 1950 25th October, 1951-


24th January, 1950 28th January, 1950
21st February, 1952
• National Anthem (by • Indian Constitution • First sitting of • First General
Rabindranath Tagore) and came into force. the Supreme Elections were
National Song (by Bankim • This day is celebrated Court of India. held.
Chandra Chattopadhyay) as Republic Day.
were adopted.

• Formed under the Cabinet Mission Plan


in November 1946.
• 296 from British Indian Provinces
• Seats were allotted based on population
size.
• Mahatma Gandhi was not a member
of the Constituent Assembly.

Governor’s Provinces
(British India) 292
296
Chief Commissioner’s
Strength Total
Provinces
389
4
(Princely States)
93
Download Test RanKING App for Free Mock Tests & E-Books 5
Objective Lord Mount- Independence
batten Plan
Resolution (3rd June 1947) Act, 1947
• Passed under British PM
• Introduced on 13th • Lord Mountbatten:
Clement Attlee.
December 1946 by Last Viceroy of
• Act provided for: Creation of
Jawaharlal Nehru. British India. India and Pakistan as two
• Adopted by the • Plan led to the separate dominions.
Constituent Assembly on division of India into • Assembly would act in two
22nd January 1947. India and Pakistan. roles:
• Formed the basis of the • First Indian Governor- 1. Legislative body (chaired by
G.V. Mavalankar)
Preamble of the Indian General: C.
2. Constituent body (chaired
Constitution (modified Rajagopalachari (after
by Dr. Rajendra Prasad)
version). independence).

Functions Performed by the Constituent Assembly


• May 1949 – Ratified India’s membership of the Commonwealth.
• 22 July 1947 – Adopted the National Flag.
• 24 Jan 1950 – Adopted National Song (Vande Mataram by Bankim Chandra) and
National Anthem (Jana Gana Mana by Rabindranath Tagore).
• 24 Jan 1950 – Elected Dr. Rajendra Prasad as the First President of India.
• 24 Jan 1950 – Final session of the Assembly.
• Total sessions: 11
• Total duration: 2 years, 11 months, 18 days
• Total expenditure: ₹64 lakhs

Jawaharlal Nehru Dr. B.R. Ambedkar


1) Union Powers Committee DRAFTING COMMITTEE
2) Union Constitution Committee • Set up on 29th August 1947.
3) States Committee • Members:
• Dr. B.R. Ambedkar (Chairman)
Dr. Rajendra Prasad
• N. Gopalaswamy Ayyangar
1) Rules of Procedure Committee
• Alladi Krishnaswamy Ayyar
2) Steering Committee
• Dr. K.M. Munshi
Sardar Patel • Syed Mohammad Saadullah
1)Provincial Constitution Committee • N. Madhava Rau (replaced B.L. Mitter)
2) Advisory Committee on FRs, • T.T. Krishnamachari (replaced D.P. Khaitan)
Minorities & Tribal & Excluded Areas.
Download Test RanKING App for Free Mock Tests & E-Books 6
Minor Committees Committee Name Chairperson
• Committee on the functions of constituent assembly- G.V Mavalankar
• Credentials committee - Alladi Krishnaswamy Ayyar
• House committee - B. Pattabhi Sitaramayya
• Ad-hoc committee on national flag - Rajendra Prasad
• Special committee to examine the draft constitution - Jawaharlal Nehru
• Committee for the order of business - K. M. Munshi
• Finance and staff committee - Rajendra Prasad
• Fundamental Rights sub- committee - J.B. Kripalani
• Provincial Linguistic Committee - S.K. Dhar
• Committee on chief commissioner's Provinces - B. Pattabhi Sitaramayya
• Minorities sub- committee - H.C. Mukherjee

Enactment and Enforcement of the Constitution


• Constitution was adopted on 26 November 1949.
Enactment

• In 2015, 26 November was officially declared as Constitution Day.


• On 24 January 1950, only 284 members signed the Constitution, including 15 women.
• The original Constitution had:
• Preamble
• 395 Articles
• 8 Schedules
• Some parts (like Citizenship, Elections, etc.) came into force on 26 November 1949.
• The Preamble was enforced after the full Constitution.

Enforcement
• 26 January 1950: Constitution came into full effect – celebrated as Republic Day.
• 26 January 1930: Was earlier celebrated as Purna Swaraj Day by the Indian National
Congress (Lahore Session, 1929).

Important Facts About Indian Constitution


• Elephant was the official symbol (seal) of the Constituent Assembly.
• Sir B.N. Rau – Constitutional Adviser.
• H.V.R. Iyengar – Secretary of the Assembly.
• S.N. Mukherjee – Chief Draftsman of the Constitution.
• Prem Behari Raizada – Handwrote the Constitution in English (Calligrapher).
• Nand Lal Bose and B.R. Sinha – Decorated and beautified the Constitution.
• Hindi version was written by Vasant Krishan Vaidya and illuminated by Nand Lal Bose.

Download Test RanKING App for Free Mock Tests & E-Books 7
SOURCES OF INDIAN CONSTITUTION
Govt. of Federal scheme, Governor's office, Judiciary, Public Service
India Act, Commission, Emergency Provisions and Administrative
1935 details

Fundamental Rights, Independent Judiciary, Impeachment of


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

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.

Parliamentary govt., Rule of Law, Single Citizenship, Cabinet


Britain System, Parliamentary privileges, Bicameralism, Prerogative writs,
Office of CAG , Martial law

Ireland DPSP, Method of election of president and Nomination of


members to Rajya Sabha

South Procedure for amendment of the Constitution and Election of


Africa members of Rajya Sabha

Japan The procedure established by Law

Republic and the ideals of liberty, equality and fraternity in


France
the Preamble
Concurrent List, Joint sitting of both the Houses of Parliament,
Australia trade and commerce provisions, Language of Preamble

USSR Fundamental Duties and the ideals of justice(social,


economic and political) in the Preamble.
Weimar
Constitution Suspension of Fundamental Rights during Emergency
of Germany

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


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

Download Test RanKING App for Free Mock Tests & E-Books 8
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
Part VII - States in the B-Part of the First Schedule Repealed by the
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
Part XIII - Trade, Commerce, and Intercourse within the
Territory of India 301 to 307
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
Part XX - Amendment of the Constitution 368
Part XXI - Temporary, Transitional, and Special Provisions 369 to 392
Part XXII - Short Title, Commencement, Authoritative Text
in Hindi, and Repeals 393 to 395

Download Test RanKING App for Free Mock Tests & E-Books 9
“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, LIBERTY, EQUALITY, and FRATERNITY…”

• JUSTICE(3) :- Social, Economic and Political; Introduction


• LIBERTY(5) :- of thought, expression, belief, • 42nd CAA, 1976- Three new
faith and worship words were added -
• EQUALITY(2) :- of status and opportunity ‘SOCIALIST’, ‘SECULAR’, and
‘INTEGRITY’
• FRATERNITY :- Ensures dignity, unity, and • It is non-justiciable and non-
integrity of the Nation enforceable.

• IN OUR CONSTITUENT ASSEMBLY this twenty- • Identity card of our


Constitution :
sixth day of November, 1949, do HEREBY ADOPT, N. A Palkhivala
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”
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 fully independent.
• Republic :- India has an elected head of state (President)

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) :- SC said Preamble is part of the
Constitution and can be amended, but not in a way that harms the
Basic Structure
• LIC of India Case (1995) :- SC confirmed again – Preamble is an
important and integral part of the Constitution

Download Test RanKING App for Free Mock Tests & E-Books 10
States and Union Territories

• Talks about the name and territory of India.
Article-1 • India is called “Bharat” and is a Union of States.

Article-2 • Parliament can admit or establish new states.

• Deals with formation of new states or changing the


Article-3 boundaries, name, or area of existing states.

• Any law made under Articles 2 and 3 can also bring changes
in the First and Fourth Schedules.
Article-4 • These are not considered Constitutional Amendments, so
they don’t need Article 368.

Union of •

India is a Union of States, not a federation like the USA.
Indian states do not have the right to secede (break away).
State • It’s called an “indestructible union of destructible states.”

Laws made under • Parliament can form or change states without their approval, using a
Article 2 and Article simple majority.
3, not considered • But, if Indian land is given to another country, it needs a
as Amendments constitutional amendment (Article 368).
under Article 368. • Example: 100th Amendment (2015) for land transfer between India
and Bangladesh.
DHAR Commission 1948 -> Reorganization of
states on the basis of administrative convenience
rather than linguistic factors.

JVP Committee, 1948 -> Rejected language as the


Important Committees & basis for the reorganization of states.
• Members:- Jawaharlal Nehru, Vallahbhai Patel and
Commissions on State
Pattabhi Sitaramayya.
Reorganization: • October 1953, the Government of India was forced
to create the first linguistic state, known as Andhra
Pradesh. Father of the Andhra Pradesh movement
- Potti Sriramulu

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
Download Test RanKING App for Free Mock Tests & E-Books 11
✓ 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
Download Test RanKING App for Free Mock Tests & E-Books 12
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 Person”s 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.
Download Test RanKING App for Free Mock Tests & E-Books 13
ACQUISITION OF CITIZENSHIP

person born in
India
person born
outside India

Lived abroad but origin


in India (7 years
residing in India)
By Incorporation
of Territory

If any case which does not


belong to above 3 cases come
under by naturalization (12
years residing in India)

LOSS OF CITIZENSHIP
• By Renunciation : If an Indian citizen wishes, who is of full age and
capacity, he can relinquish citizenship of India by his will.
• By Termination: Indian citizen voluntarily, acquires the citizenship
of another country
• By Deprivation: Within 5 years after registration or naturalization,
been imprisoned in any country for 2 years; and ordinarily resident
out of India for 7 years continuously.

Download Test RanKING App for Free Mock Tests & E-Books 14
Citizenship Amendment Act, 2019
• This act amended the Citizenship Act of 1955.
• It gives Indian citizenship to people from 6 non-Muslim communities:
• Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
• Applies to people who came from:
• Pakistan, Afghanistan, and Bangladesh
• Only those who came to India on or before 31st December 2014 are eligible.
• These people were exempted from punishment under:
• Foreigners Act, 1946
• Passport Act, 1920
• Normally, entering India illegally or staying with expired visas is a crime, but
not for these 6 groups under CAA.

Comparison: NRI vs PIO vs OCI Cardholder

1. NRI (Non-Resident Indian) – 3. OCI (Overseas Citizen of India) Cardholder –


• An Indian citizen living outside India. • A person registered under the
• Has a valid Indian passport. Citizenship Act, 1955 as an Overseas
• No visa required to return to India. Citizen.
2. PIO (Person of Indian Origin) (now merged with • Can visit India anytime without a visa,
OCI) – for lifetime.
• A person whose ancestors were Indian, but
now holds foreign citizenship.
• Holds a foreign passport.
• Visa is required to visit India.

Download Test RanKING App for Free Mock Tests & E-Books 15
Fundamental Rights

• These rights are justiciable (you can go to court if they are violated).
• Also called Magna Carta of India.
• Borrowed from the USA Constitution.
• Not permanent — they can be changed by law (not sacrosanct).
• Guaranteed by the Supreme Court to all people.
• Aim: To protect freedom and liberty of individuals.
• They are not absolute (can have limits).
• Can be suspended during Emergency, except Articles 20 & 21.

• Defines the term “State” –


includes the government,
ARTICLE 12 parliament, and state legislatures. ✓ the term State in Article1 2 includes
Government and parliament; Government
• Says any law that violates
ARTICLE 13 Fundamental Rights is void.
and legislature of states.
• But constitutional amendments ✓ nothing in the Article 13 shall apply to
(under Article 368) are not any amendment of this constitution made
included in Article 13. under Article 368.

Right to Equality 


ARTICLE 14 Equality before the law and equal protection of laws. Equality Before Law
(British Origin + Negative
connotation)
Prohibition discriminate against any citizen on Equal Protection of Law
ARTICLE 15 grounds of religion, race, 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


16(4) allows state
ARTICLE 17 Abolition of Untouchability. to reserve
government jobs for
• Abolition of titles. backward classes of
ARTICLE 18 • Except military or academic titles (e.g., Dr., Lt., Prof.) citizens.

Download Test RanKING App for Free Mock Tests & E-Books 16
Right to Freedom 
Protection of certain rights regarding freedom of 19(1)All citizens shall have the
ARTICLE 19 speech etc.
right to
(a) Freedom of Speech and
Expression
(b) Freedom of Assembly
ARTICLE 20 Protection in respect of conviction for offences. (c) Freedom of Association
(d) Freedom of Movement
ARTICLE 21 Protection of life and personal liberty. (e) Freedom of Residence
(g)Freedom of occupation.

ARTICLE 21A 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
certain cases Punitive detention:
Punishment after trial
and conviction.

Right Against Exploitation



ARTICLE 23 Prohibition of traffic in human beings and forced labour.

ARTICLE 24 Prohibition of employment of children in factories etc.

Download Test RanKING App for Free Mock Tests & E-Books 17
Right to Freedom of Religion

ARTICLE 25 • Freedom to believe, follow, and spread any religion.

ARTICLE 26 • Freedom to manage religious matters (places, rituals, etc.).

ARTICLE 27 • No one can be forced to pay taxes for promoting any religion.

• No one can be forced to attend religious classes or prayers


ARTICLE 28
in certain educational institutions.

Important Note:
• State-run institutions: No religious teachings allowed.
• State-aided private institutions: Religious teachings allowed voluntarily.

Cultural and Educational Rights



ARTICLE 29 • Protection of language, script, and culture of minorities.

• Minorities have the right to open and manage their own


ARTICLE 30
educational institutions.

Other Related Articles (31–34)

ARTICLE 32 Right to Constitutional Remedies. The jurisdiction of the SC is


original but not exclusive.
Parliament's power to restrict FRs B.R. Ambedkar: heart and soul
ARTICLE 33 of the constitution .
of armed personnel.
Restriction on FRs while martial
ARTICLE 34 Article 31 -
law is in force. compulsory acquisition of property
Parliament can make laws for (repealed) (Right to property)
ARTICLE 35 Now a legal right in 300A
implementing FRs.

Download Test RanKING App for Free Mock Tests & E-Books 18
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” “To have the body of”
Command is issued by the court to a Order issued by court to the
public official asking him to person who has detained
perform his official duties that he another person, to produce
has failed or refused to perform. the body of the latter before
it.
WRITS
Prohibition Quo Warranto
“to forbid” “By what authority or
Directs inactivity. Issued by a warrant”
higher court to a lower court Issued by a court to enquire
or tribunal to prevent the into the legality of the claim
latter from exceeding its of a person to public office.
jurisdiction

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).

Download Test RanKING App for Free Mock Tests & E-Books 19
DIRECTIVE
PRINCIPLES OF STATE POLICY

• Called a “Novel Feature” of the Constitution by Dr. B.R. Ambedkar.
Important Features:

• Not enforceable in courts (non-justiciable), but important for governance.


• Taken from the Irish Constitution.
• Aim is to make India a Welfare State.
• Mentioned in the Government of India Act 1935 as “Instruments of Instruction.”
• Granville Austin called DPSP + Fundamental Rights = Conscience of the Constitution.
• In the Minerva Mills Case (1980), the Supreme Court said there must be balance between
Fundamental Rights and DPSPs.
• DPSP laws must be reasonable and not violate Articles 14 (equality) and 19 (freedom).

ARTICLE 36 ARTICLE 37 Says that DPSPs are not


Defines the term “State” (same as Enforceable by law, but they are fundamental in
governance and should be followed while making laws.
in Part III of the Constitution).

Important Socialistic Directive Principles:


ARTICLE 38 The State should promote ARTICLE 42 Provides for just and
the welfare of the people by securing social,
economic, and political justice. humane work conditions and maternity relief.

ARTICLE 39 ARTICLE 43
Certain principles of policy to be followed The State should try to secure decent
by the state. wages and living standards for workers.

ARTICLE 39A ARTICLE 43A


Encourages workers’ participation in the
Provides for free legal aid and equal justice.
management of industries.

ARTICLE 41 ARTICLE 47 The State should raise


Right to work, education, and public help in the level of nutrition, improve standard of
case of old age, sickness, or unemployment. living, and work to improve public health.

• Article 39 certain principles:-


a) Adequate means of livelihood for all citizens
b) Equal pay for equal work for men and women
c) Prevention of wealth concentration
d) Control of resources by the people
e) Protection of workers’ health and strength
f) Protection of children’s development

Download Test RanKING App for Free Mock Tests & E-Books 20
Gandhian Directive Principles (Based on Gandhi’s Ideals)
ARTICLE 40 ARTICLE 46
The State should organize village Panchayats Help improve education and economy of
and give them power to govern locally. SCs, STs, and weaker sections.

ARTICLE 43 ARTICLE 47
Promote cottage industries in rural areas Ban the use of intoxicating drinks and
for employment and self-reliance. drugs, except for medicine.

Article 43B Article 48


Promote the development of Co-operative Ban the slaughter of cows, calves, and milch
Societies.(Added by 97th Amendment Act, 2011) animals to protect cattle.

Liberal-Intellectual Directive Principles


ARTICLE 44 ARTICLE 49
Introduce a Uniform Civil Code (UCC) for all Protect monuments and historical places of
citizens. (Shah Bano Case 1985 is related to UCC) national importance.

ARTICLE 45 ARTICLE 50
Provide early childhood care and education up to the Ensure separation of Judiciary from
age of 6 years.(Changed by 86th Amendment, 2002) Executive (i.e., courts must work
independently from the government).
Article 48
Use scientific methods in agriculture and Article 51
animal husbandry.
Promote international peace and security.
ARTICLE 48A
Protect and improve the environment, forests,
and wildlife.(Added by 42nd Amendment, 1976)

1. 42nd Amendment Act, 1976


• Known as the “Mini Constitution” because it made many major changes.
• It added 4 new DPSPs:
• Article 39(f) – Children should grow up in a safe environment, protected from exploitation and
moral abandonment.
• Article 39A – Free legal aid and equal justice for all.
• Article 43A – Workers should be involved in the management of industries.
• Article 48A – The State must protect the environment, forests, and wildlife.
• This amendment strengthened the idea of a Welfare State.

2. 44th Amendment Act, 1978


• This amendment was done after the Emergency period (1975–77).
• It added Article 38(2):
• The State should work to reduce inequalities in income, status, opportunities, etc., not just among
individuals but also among different groups of people.

Download Test RanKING App for Free Mock Tests & E-Books 21
3. 86th Amendment Act, 2002
• This amendment focused on children’s education.
• Changed Article 45:
• Earlier: It talked about free and compulsory education up to 14 years.
• Now: It focuses on early childhood care and education for children below 6 years.
• Added Article 21A to make Right to Education (age 6–14) a Fundamental Right.

4. 97th Amendment Act, 2011


• This amendment promoted Co-operative Societies.
• Added Article 43B:
• The State should promote and support the formation and management of co-operative societies.

1. Champakam Dorairajan Case (1951)


• Court said: Fundamental Rights (FRs) are more
powerful than DPSPs.
2. Golaknath Case (1967)
• Parliament cannot take away FRs, even by
amendment.
3. Kesavananda Bharati Case (1973)
• Parliament can amend FRs, but must not harm
the Basic Structure.
• Introduced the idea of “Basic Structure
Doctrine”.
4. Minerva Mills Case (1980)
• Said: Balance between FRs and DPSPs is part of
the Basic Structure.

Quote by
K.T. Shah
DPSPs are like a cheque payable at the
convenience of the bank
(i.e., non-binding but desirable).
Download Test RanKING App for Free Mock Tests & E-Books 22
Fundamental Duties


• Added by 42nd Amendment, 1976 on recommendation of Swaran Singh Committee.


• Originally 10 duties; now there are 11 duties.
• Not enforceable by law (non-justiciable).
• Only for Indian citizens, not foreigners.
• 86th Amendment (2002) added duty about education of children (Article 51A(k).
• Prevention of Insults to National Honour Act, 1971 protects national flag.

a) To respect the Constitution, National Flag, and National


Anthem.

b) To follow the ideals of the freedom struggle.

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

d) To defend the country and render national service when


needed.

e) To promote harmony and respect the dignity of women.

f) To preserve the rich heritage of Indian culture.

g) To protect the environment, forests, rivers, and wildlife.

h) To develop scientific temper, humanism, and spirit of


inquiry.

i) To safeguard public property and avoid violence.

j) To strive for excellence in all areas of work.

k) (Added by 86th Amendment, 2002)


As a parent/guardian, provide years. education to children
aged 6–14

Download Test RanKING App for Free Mock Tests & E-Books 23
The Union

President of India The Executive :-
Union Executive: President, VP, PM, CoM,
• Head of the Indian State (Executive power) Attorney General of India.
• First citizen of India (Article 52 to 78 in Part V)

ARTICLE 52 • There shall be a President of India

ARTICLE 53 • Executive powers; Supreme Commander of Armed Forces

ARTICLE 54 • Election of the President

ARTICLE 55 • Manner of Election (Proportional Representation with STV)

ARTICLE 56 • Tenure (5 years) Resignation to


Vice President.
ARTICLE 57 • Eligible for re-election any number of times

ARTICLE 58 • Qualifications

ARTICLE 59 • Conditions of Office

ARTICLE 60 • Oath (by Chief Justice or senior-most SC judge) 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 of President
ARTICLE 72 • Pardoning power of the President and vice president
inquired by:-
Ordinance-making power SC only.
ARTICLE 123 •

Electoral College of the President: Important Formulae (Manner of Election):


1. Elected members of both Houses • Vote value of MLA = (State Population / No.
of Parliament of elected MLAs) × 1/1000
2. Elected members of State • Vote value of MP = Total vote value of all
Legislative Assemblies MLAs / Total no. of elected MPs
3. Elected members of Delhi & • Electoral quota = (Total valid votes / (No.
Puducherry Assemblies of candidates + 1)) + 1

Download Test RanKING App for Free Mock Tests & E-Books 24
Pardoning Powers of

• Pardon – Completely cancels conviction


• Commutation – Lesser punishment
the President
(Article 72)

• Remission – Reducing the period without changing the


character of the punishment.
• Respite – Lesser sentence than original due to special
conditions such as pregnancy, disability, etc.
• Reprieve – Delay in execution for some time

• ORDINANCE POWER OF PRESIDENT : Only when either or both


Houses of Parliament are not in session.
VICEPRESIDENT

ARTICLE 63 • There shall be a Vice President

ARTICLE 64 • Ex-officio Chairman of Rajya Sabha


ARTICLE 65 • Acts as President in case of vacancy

ARTICLE 66 • Elected by both Houses of Parliament

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

ARTICLE 68 • Election to fill vacancy must be held in 60 days


ARTICLE 69 • Oath by President

ARTICLE 70 • Discharge of duties in other cases


Download Test RanKING App for Free Mock Tests & E-Books 25
President: Nominal
executive (de-jure head)
Prime Minister: Real
executive (de-facto head)
Prime Minister

• Council of Ministers (CoM) with PM/CM advises


Article 74 / 163
President/Governor.

• PM/CM is appointed by President/Governor. CoM also


Article 75 / 164
appointed on PM’s advice.

Article 77 / 166 • Conduct of business of the Union/State.

Article 78 / 167 • PM/CM must inform President/Governor about CoM decisions.

Key Points about Prime Minister & Council of Ministers:


1. PM is appointed by the President. Other ministers are appointed on PM’s
advice.
2. 91st Amendment Act, 2003:
a) Total CoM (including PM) must not exceed 15% of Lok Sabha
strength.
b) Defected members are disqualified from being ministers.
3. Ministers hold office during the pleasure of the President.
4. CoM is collectively responsible to Lok Sabha.
5. If a Minister is not a member of either House for 6 months, he must quit.
6. Ministers receive salary and allowances as decided by law.

Parliament

• Consists of President + Lok Sabha (Lower House) + Rajya Sabha (Upper House)
• Lok Sabha: Represents the people of India
• Rajya Sabha: Represents the states & UTs
• Hindi names “Lok Sabha” & “Rajya Sabha” adopted in 1954

Download Test RanKING App for Free Mock Tests & E-Books 26
Lok Sabha Rajya Sabha
(House of the People) (Council of States)
• Maximum Strength: 550 (530 from • Maximum Strength: 250 (238 elected
states + 20 from UTs) + 12 nominated)
• Present Strength: 543 (524 states + • Present Strength: 245 (225 states + 8
19 UTs) UTs + 12 nominated by President)
• 2 Anglo-Indians nomination (Article • Only Delhi, Puducherry & J&K have UT
331) removed by 104th CAA, 2019 representation
• Direct elections from territorial • Proportional representation (Single
constituencies (universal adult franchise Transferable Vote)
– First-past-the-post system) • Seats allotted based on state population
• Not a continuing chamber (dissolved • Continuing house (not dissolved; 1/3rd
every 5 years) members retire every 2 years)

Key Dates & Facts Exclusive Powers of Rajya Sabha


• First constituted: 17 April 1952 1. Create new All India Services
• First meeting: 13 May 1952 2. Allow Parliament to make laws on
• First Speaker: G.V. Mavalankar State List
• First woman Speaker: Meira Kumar 3. Enforce emergency when Lok
Sabha is dissolved
First sitting: 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
• the Lok Sabha (Lower House)
ARTICLE 81 • Composition of House of People • the Rajya Sabha (Upper House)

ARTICLE 82 • Readjustment after Census (Delimitation)

ARTICLE 83 • Duration of Houses


Article 86(1):- - President may
ARTICLE 84 • Qualifications for MPs address either house of parliament
or both houses assembled together,
ARTICLE 85 • Sessions, prorogation & dissolution and for that purpose require the
attendance of members.

ARTICLE 86 • President’s right to address one or both


Article 87(1):- At the
Houses commencement of 1st session
• President’s special address after general after the general election and
ARTICLE 87 1st session of every fiscal year
election + first session of financial year (motion of thanks).

ARTICLE 88 • Ministers & AG can speak in Houses or


Every minister and the Attorney
Committees (no voting right) General have the right to speak
and take part in the proceedings
ARTICLE 89 • Chairman & Deputy Chairman of Rajya of both the House + joint sitting +
Sabha any committee of Parliament of
which he is a member, without
ARTICLE 90 • Resignation/removal of Deputy Chairman vote.

Download Test RanKING App for Free Mock Tests & E-Books 27
ARTICLE 91 • Power and duty of deputy chairman. Vice-president is the ex-officio
Chairman of the Rajya Sabha.
• Chairman and deputy chairman not to preside Deputy chairman elected by the
ARTICLE 92 while in a resolution for his removal. members of the house.

ARTICLE 93 • The speaker and deputy speaker of the house of the people.
• Vacation and resignation of, and removal from the Elected by the LS members.
ARTICLE 94 offices of speaker and deputy speaker . Date of election: fixed by the
• Power and duty of deputy speaker President.
ARTICLE 95 Remains in office during the
• Speaker or deputy speaker not to preside while in life of the LS.
ARTICLE 96 a resolution for his removal.
Speaker and Deputy speaker give
ARTICLE 99 • Oath and affirmation resignation to each other.

• Voting in houses, power of houses to act by the President or some


ARTICLE 100 notwithstanding vacancies and quorum. person appointed by him.

ARTICLE 101 • Vacation of seats. • Quorum – minimum one-tenth of


• Conditions for the disqualification of the total members of house including
ARTICLE 102 member from either house of the parliament. presiding officer
• If quorum is not met :- presiding
• Power and privileges etc. of the house of officer suspends the meeting
ARTICLE 105 parliament and of the members and committee. • Voting – at first instance ,
casting vote
ARTICLE 106 • Salaries and allowances.

ARTICLE 107 • Provisions as to introduction and passing of bills.


Double Membership: A person
cannot be a member of both
ARTICLE 108 • Joint sitting.
Houses of Parliament at the
Special procedure in respect of Money Bills. same time
ARTICLE 109 •

ARTICLE 110 • Definition of money bills. Disqualification: If a member


of Parliament becomes subject
ARTICLE 111 • Assent to the bills. to any of the disqualifications
specified in the Constitution,
his/her seat becomes vacant
ARTICLE 112 • Annual financial statement
• Procedure in parliament with respect to Resignation: Resigns to the
ARTICLE 113 Presiding officer of the house.
estimates.
Absence: More than 60 days
without permission.
ARTICLE 114 • Appropriation bills :-
demand for grants

without passing this bill the govt. No demand for grant shall be
cannot take put money from made except on
related fund of India – no voting recommendation of president
is allowed RS has no power to vote on
budget.

ARTICLE 115 • Supplementary, additional or excess grants.

Download Test RanKING App for Free Mock Tests & E-Books 28
ARTICLE 116 • Vote on account, votes of credit, exceptional grants

ARTICLE 117 • Special provisions for financial bills

ARTICLE 118 • Rules of procedure in Parliament

ARTICLE 119 • Procedure related to financial business

ARTICLE 120 • Language to be used in Parliament

ARTICLE 122 • Courts not to inquire into Parliamentary proceedings

ARTICLE 123 • President’s power to issue Ordinances during recess

Qualifications & Nature of Parliament


• Rajya Sabha is a permanent body (Continuing chamber)
• 1/3rd of members retire every 2 years
• Term of Rajya Sabha member = 6 years
• Lok Sabha is not a continuing chamber
• Lok Sabha term = 5 years (can be dissolved earlier)
• During Emergency, term can be extended 1 year at a time
• Can’t extend beyond 6 months after Emergency ends

Disqualifications (Grounds) Grounds of Defection:


1. Voluntarily gives up party
• Holds office of profit
membership
• Unsound mind
2. Votes/abstains against party
• Undischarged insolvent
direction
• Not a citizen of India
3. Independent joins a party
• Disqualified under defection (10th
4. Nominated joins a party after 6
Schedule) – 91st CAA
months
• Decided by Presiding Officer, but
5. Conviction: If sentenced for 2+
judicially reviewable (Kihoto Holon
years (RPA, 1951)
Judgement).

• Freedom of speech in Parliament


• No arrest during session (40 days
Powers & before/after)
• No MP liable for anything said in Parliament
Privileges of MPs • Speaker/Chairperson can’t vote except in
and Committees case of tie (Casting Vote)

Download Test RanKING App for Free Mock Tests & E-Books 29
JOINT SITTING
(Article 108)
Deadlock in 3 cases:
1. If the bill is rejected by the other House
2. If both Houses disagree on amendments
3. If more than 6 months pass without the bill being passed
• President summons joint sitting
• Speaker of Lok Sabha presides → If absent, Deputy Speaker → If
he’s also absent, Deputy Chairman of Rajya Sabha
• No joint sitting allowed for Constitutional Amendment Bills
Only 3 joint sittings held:
• Banking Services Commission Bill – 1977
• Dowry Prohibition Bill – 1980
• Prevention of Terrorism Bill – 2002

• 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

• Related to taxation, borrowing of money,


expenditure, receipt of money, etc.
• Speaker of Lok Sabha certifies it as a money bill
• Speaker’s decision is final and cannot be challenged
in court

• 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.

Download Test RanKING App for Free Mock Tests & E-Books 30
Veto powers of the president (- negative powers)
Absolute Veto Suspensive Pocket Veto Qualified Veto
Veto
Withholding assent Returning the bill Taking no action Not available to
to the bill passed for reconsideration on the bill Indian President
by Parliament (Not applicable to (used by Giani
(kills the bill) Money Bills) Zail Singh)

Note: Veto powers can’t be used for Constitutional Amendment Bills

IMPORTANT CONCEPTS Annual Financial


RELATED TO PARLIAMENT Statement
• Summoning:- President summons each House
Budget word is nowhere mentioned in
of Parliament.
the constitution
• Session:- Session is the period between the
Budget is a statement of the estimated
first sitting of a house and its prorogation receipts and expenditure of the
▪ The maximum gap between two sessions government in a financial year (1 April –
cannot be more than 6 months. 31 March)
▪ There are usually three sessions in a Two types of expenditure to the
year:- consolidated fund of India
Budget Session (February to May) 1. Charged on consolidated fund of
Monsoon Session (July to September) India :- not votable due to salaries
Winter Session (November to December) of president , HC judges etc.
2. Made from consolidated fund of
• Adjournment:- sitting of Parliament terminated India :- votable only in LS
by the Presiding officer through adjournment,
for a specified time. • Question Hour:- 1st Hour of parliamentary
• Adjournment Sine Die:- termination of a sitting sitting.
of Parliament for an indefinite period by the • Members ask questions, ministers – give
answers
Presiding Officer of the house.
• They are of three kinds:
• Prorogation:- official termination of session • Starred Questions:-
declared by president of India. • Require oral answer and Supplementary
• Dissolution:- Only the Lok Sabha is subject to question can be asked.
dissolution. It ends the very life of the existing • Unstarred Questions:-
House. • Require written answer and Supplementary
• Lame Duck Session:- Last session of the • question cannot be asked.
• Short Notice Questions:-
existing Lok Sabha.
• Answered orally and asked on short notice of
• Language in Parliament:- The Constitution has
less than 10 days.
declared Hindi and English to be the languages • Zero Hour:- Informal device available to the
for transacting business in the Parliament. members to raise various matters of urgent
However, the presiding officer can permit a public importance. Starts immediately after
member to address the House in his/ her the question hour and lasts until the agenda
mother-tongue. for the day.

Download Test RanKING App for Free Mock Tests & E-Books 31
• Used to draw the House’s attention to a specific urgent
ADJOURNMENT public issue.
MOTION:-

• Moved only against the entire Council of Ministers (CoM)


NO-CONFIDENCE • Not against an individual minister or a group
MOTION :- • If passed → Entire CoM must resign
• Moved to show disapproval of certain policies of the government
CENSURE
• Must include reasons for adoption
MOTION :- • Can be moved against individual minister/group
• Does not require resignation of CoM

• Motion of Thanks :-
Other Important Terms

• President addresses the first session after each general election & every financial
year
• Motion is put to vote → if not passed, it’s a defeat for the government
• Point of Order :- When proceedings of the house do not follow normal rule of procedure.
• Short Duration Discussion :- Two-hour discussions on important matters
• 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 • Introduced by a minister


Bill • Needs 7 days’ notice

Types of Private • Introduced by a non-minister MP


Bills Bill • Needs 1 month’s notice

Types of Funds
1. Consolidated Fund of India (Article 266(1)
• All govt. revenues, taxes, loans are credited here
• Needs Parliamentary approval for withdrawal
2. Public Account of India (Article 266(2)
• Money held by govt. in trust, like PF, savings
• No need for parliamentary approval for withdrawal
3. Contingency Fund of India (Article 267)
• Used for urgent or unforeseen expenditure
• Controlled by President, operated by Finance Secretary

Note: CAG (Comptroller & Auditor General) audits all 3 funds

Download Test RanKING App for Free Mock Tests & E-Books 32
(Appointed or elected
Parliamentary by the House or
Committees nominated by Speaker
Standing Committees or Chairman)
• Permanent in nature
• Reconstituted every year or
periodically Ad Hoc Committees
• Work continuously • Temporary in nature
• Cease to exist once the
task is completed

Important Parliamentary Committees


Estimates Committee Committee on Public Undertakings
• Formed in 1950 • Recommended by Krishna Menon
(recommended by John Mathai) Committee (1964)
• 30 members (all from Lok • 22 members = 15 from LS + 7
Sabha), elected every year from RS
• Ministers can’t be members • Minister can’t be a member
Function: • Chairman: Appointed by Speaker
• Examine the budget Function:
• Suggest ways to reduce public • Examine reports / accounts of
expenditure public sector undertakings

Public Accounts Committee Departmental Standing Committees


• First set up in 1921 under the GOI • (24 Committees)
Act 1919 • Suggested by Rules Committee of
• 22 members = 15 from Lok Sabha + Lok Sabha (1993)
7 from Rajya Sabha • In 2004, number increased from 17 to
• Elected for 1 year (by proportional 24
representation) • 8 under Rajya Sabha
• Minister can’t be a member • 16 under Lok Sabha
• Chairperson: Appointed by Speaker of • Composition:
Lok Sabha • 31 Members = 21 (LS) + 10 (RS)
Function: • Nominated by respective presiding
• Examines CAG audit report officers
• Detects irregularities • Term: One year
• CAG is considered the friend, • Function: Examine bills, demands
philosopher, and guide of PAC for grants, and other matters
Other Committees : Formed with presiding officers of Lok Sabha (Speaker) and Rajya Sabha (Chairperson)
Examples: Rules Committee – Looks into procedure/conduct of business; suggests amendments
• Business Advisory Committee • General Purposes Committee

Download Test RanKING App for Free Mock Tests & E-Books 33
STATE LEGISLATURE

Governor is the chief executive head of the state (nominal
head).
THE GOVERNOR 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 the President
Qualifications. 1.Citizen of India.
ARTICLE 157
2. Minimum 35 years of
Conditions of governor's office. age.
ARTICLE 158
Chief Justice of HC/senior most
ARTICLE 159 Oath judge

ARTICLE 160 Discharge of functions of governor in some exigencies


Cannot pardon death
ARTICLE 161 Pardoning power of governor.
Sentence and court martial

ARTICLE 162 Extent of executive power of state.

Promulgate an ordinance when any one or both houses are not


ARTICLE 163 in session in the case of Bicameral legislature.

STATE LEGISLATURES 


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

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).

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

ARTICLE 200 Assent of the Governor to Bills (Approval, return, or reservation for President).

Download Test RanKING App for Free Mock Tests & E-Books 34
Strength:
• Maximum strength: 500

Legislative
• Minimum strength: 60
• Exceptions:
•Arunachal Pradesh,

Assembly Sikkim, Goa


• Minimum strength:
• Mizoram – 40
i n a l l S t a t es a n d U Ts • Nagaland – 46

• States : Andhra Pradesh, Bihar,


Legislative

Karnataka, Maharashtra, Telangana,
Uttar Pradesh
Power to Create or Abolish Legislative
Council
Council only in 6 states
• Parliament can do so by a simple
majority, if the concerned state passes
a resolution with special majority. Manner of Election
(Legislative Council):
• 1/3: Elected by members of local
bodies (municipalities, district boards,
etc.)
Strength:
• 1/3: Elected by Legislative Assembly
• Maximum: 1/3rd of the total strength of the
Legislative Assembly members
• 1/12: Elected by graduates (3 years
• Minimum: 40
of standing, residing in the state)
• Members are indirectly elected
• 1/12: Elected by teachers (minimum
• Actual strength is fixed by Parliament
3 years’ experience, not below
secondary level)
Other Provisions Related To • 1/6: Nominated by Governor (fields:
Members Of Legislative Assembly literature, science, arts, social service,


And Council
Oath or affirmation :-
cooperative movements, etc.)

• by governor or any person appointed by governor Continuing chamber : One-third of


• Qualifications :- members retire after every 2nd year.
• 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.
Download Test RanKING App for Free Mock Tests & E-Books 35
SUPREME COURT 
The structure of Indian
ARTICLE 124 judiciary is three tier system
Establishment and constitution of SC.

ARTICLE 125 Salaries etc. of judges (determined by president ) Law on privileges and
salaries time to time by
the Parliament. Cannot
ARTICLE 126 Appointment of acting chief justice. be varied to their
disadvantage.
ARTICLE 127 Appointment of ad hoc judges.

ARTICLE 128 Attendance of retired judges at sittings of the SC. President appoints when –
office of CJI is vacant or
Court of record / Contempt of court CJI is temporarily absent
ARTICLE 129 and CJI in unable to
perform the duties of his
ARTICLE 130 Seat of SC. office.

ARTICLE 131 Original Jurisdiction.

Appellate Jurisdiction of SC in appeals from high Has exclusive jurisdiction


courts in certain cases, constitutional matter. (only SC can hear such
ARTICLE 132 disputes)
• between State and center
Appellate Jurisdiction of SC in appeals • between State and other
ARTICLE 133 from high court in civil matters. states
• between Center and state on
one side and other state on
ARTICLE 134 Appellate Jurisdiction in criminal matter other side.

ARTICLE 136 Special leave to appeal by the SC.

Review of judgements or orders by the supreme


ARTICLE 137
court.
ARTICLE 140 Ancillary powers (can help legislature to make law better)

ARTICLE 141 Laws declared by SC to be binding on all courts. The President can seek the
opinion of the SC in two
categories of matter:
Enforcement of decree and orders of SC and
• any question of law or fact
ARTICLE 142 orders as to discovery etc. of public importance SC may
or may not follow the
Power of president to consult supreme court. opinion.
ARTICLE 143
• pre-constitutional matters
any question of law or fact
ARTICLE 144 All authorities, civil and judicial, in the territory of of public importance SC may
India shall act in aid of the Supreme Court. or may not follow the
opinion.

Download Test RanKING App for Free Mock Tests & E-Books 36
Judges of Supreme Court
Tenure
• Constitution does not fix a specific Grounds of Removal
tenure, but provides:
• Proved misbehaviour
• Hold office till the age of 65 years.
• Can resign by writing to the President. • Incapacity
• Can be removed by President on the
recommendation of Parliament.

Strength & Appointment


• Total Strength: 34 Judges = CJI + 33 other judges
• Appointment:
• Chief Justice: Appointed by President after consulting SC & HC judges.
• Other Judges: Appointed by President after consulting CJI + SC & HC Judges.

ARTICLE 124(A)
• NJAC Act & 99th Constitutional Amendment:
• Proposed to replace Collegium System with 6-member NJAC (included govt. reps).
• Struck down by SC in 2015 — held unconstitutional.
• Collegium System restored.

Qualifications
• Must be a Citizen of India
• Must be:
• HC Judge for 5 years, or
• Advocate of HC for 10 years, or
• A distinguished jurist, in President’s opinion
• No minimum age mentioned in the Constitution

Removal of Judge
• Done by President only after Parliament’s Address.
Motion signed by:
• 100 members (Lok Sabha)
• 50 members (Rajya Sabha)
• Grounds: Misbehaviour or Incapacity
• Must be passed by Special Majority in both Houses
• No SC judge has been impeached so far
Oath before President
• Must take oath before President of India
• Cannot practice privately after becoming SC judge

Download Test RanKING App for Free Mock Tests & E-Books 37
HIGH COURT

Background Highlights
• 1862: High Courts started in Kolkata, Bombay, Madras
• 1866: Allahabad HC established
• HC Act 1861: Abolished earlier presidential SCs in Bombay, Calcutta, and Madras
• 7th Amendment Act 1956: Allowed common HC for multiple states and/or Uts
• Currently: 25 High Courts in India
• Only Delhi and Jammu & Kashmir among UTs have their own HC.

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 Judges
of State High Court
ARTICLE 219 Oath or affirmation
• Qualifications of Judges
ARTICLE 220 Restriction on post-retirement practice • Citizen of India.
• Should have held judicial
ARTICLE 221 Salaries and allowances office for 10 years or
• He should have been an
ARTICLE 222 Transfer of judges advocate of the High Court
for 10 years.
ARTICLE 225 Jurisdiction of existing HCs • No minimum age prescribed.
• Unlike Supreme Court, no
ARTICLE 226 Power to issue writs (wider than SC –
provision for the appointment
includes ordinary legal rights)
of a “distinguished jurist”
ARTICLE 227 Superintendence over subordinate courts
Determined from time to time by the Parliament.
ARTICLE 230 Extension of jurisdiction • Salaries of judges of HC:- “Consolidated Fund
of State”.
ARTICLE 231 Common HC for two or more states • Pensions of judges of HC “Consolidated Fund
of India”.

Tenure Removal
• No fixed tenure in Constitution • Same as SC judges
• Four exit methods: • Based on:
1. Age: Up to 62 years (65 in SC) • Proven misbehaviour or
2. Resignation to the President incapacity
3. Removal by President on • Through special majority in both
Parliament’s recommendation houses
4. Vacates office when appointed
• No HC judge impeached till now
to SC or transferred
Download Test RanKING App for Free Mock Tests & E-Books 38
COMMON JURISDICTION OF HIGH
COURT WITH TWO OR MORE STATES/UTs

• Bombay: Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu
• Guwahati: Assam, Nagaland, Mizoram and Arunachal Pradesh
• Punjab and Haryana: Punjab, Haryana, Chandigarh
• Calcutta : West Bengal, Andaman and Nicobar Islands
• Madras: Tamil Nadu, Puducherry
• Kerala: Kerala, Lakshadweep

AMENDMENT OF THE CONSTITUTION



Article 368 provides procedure to amend the Constitution of India.
It was amended by the:
Key Points • 24th Amendment (1971) – Made President’s assent mandatory.
• 42nd Amendment (1976) – Strengthened Parliament’s power to
amend.

• Can be introduced by:


• A minister or a private member
• In either House of Parliament
• No prior permission of the President is required to introduce the bill.
• No joint sitting allowed (even if both Houses disagree).
• Federal Provisions (affecting Centre-State relations):
• Require Special Majority + Ratification by half of state legislatures.
• State Legislature:
• Cannot introduce a Constitutional Amendment Bill.
• President:
• Must give assent (mandatory after 24th Amendment).
Used in Amendments

• Majority of members present and voting in each House.


Simple Majority
Types of Majority

• Used for: Ordinary bills, some constitutional provisions (not under Art. 368).

• Majority of total membership (50%+ of total strength)


Special Majority • + 2/3rd of members present and voting in each House.
• Commonly used for most constitutional amendments.

Special Majority + • Special majority + Ratification of half (50%) of the state legislatures by
a simple majority.
Consent of States • Most of the federal provisions are amended by this method.

Download Test RanKING App for Free Mock Tests & E-Books 39
1st CAA, 1951
• The first PM, Jawaharlal Nehru, added the Ninth Schedule to protect the land reforms and
other laws included in it from judicial review.
• Afterwards, Art.31, 31A and 31B were inserted.
7th CAA, 1952
• The provision of having a common High Court for two or more states was introduced.
• 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.
13th CAA, 1962
• Insertion of 371 A to make special provisions for the administration of the state of
Nagaland.
• 14th CAA, 1962 Incorporated Puducherry in the Indian Union.
24th CAA, 1971
• Affirmed the power of Parliament to amend any part of the Constitution, including
Fundamental rights.
• Made it compulsory for the President to give his assent to a Constitutional Amendment Bill.
26th CAA 1971
• Withdrew the recognition of princely states and their privy purses were abolished.
35th CAA, 1974
• Terminated the protectorate status of Sikkim and conferred the 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.
42nd CAA, 1976 (Mini Constitution)
• Added three new words - Socialist, Secular and Integrity - in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A).
• Added four new Directive Principles viz., Article 39,Article 39A ,Article 43A ,Article 48A

44th CAA, 1978


• 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)
• President declares emergency only on the written recommendation of the cabinet.
• Added section-2 to Article 38 – State to minimize inequalities.

Download Test RanKING App for Free Mock Tests & E-Books 40
52nd CAA, 1985
• Disqualification of members of Parliament and state legislatures on the ground of defection
and added a new 10th Schedule.
56th CAA, 1987
• Goa made a full- fledged state.

61st CAA, 1989


• Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative
assembly elections.
69th CAA, 1991
• A special status to the Union Territory of Delhi by designating it as the National Capital
Territory of Delhi.
73rd CAA, 1992
• Panchayati Raj institutions, new Part-IX entitled as ‘the panchayats’ and a new ‘Eleventh
Schedule’ containing 29 functional items.
74th CAA, 1992
• Urban local bodies and addition of a new Part IX-A entitled as ‘the municipalities’ and a
new ‘Twelfth Schedule’ containing 18 functional items.
84th CAA, 2001
• Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative
assemblies for another 25 years (i.e., up to 2026) with the same objective.
86th CAA, 2002
• Made elementary education a fundamental right under Article 21A.
• 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.

89th CAA, 2003


• Bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two
separate bodies.
91st CAA, 2003
• Council of ministers shall not exceed 15% of the total strength of Lok Sabha.

93rd CAA, 2005


• Reservation for other backward classes in educational institutions .

97th CAA, 2011


• Constitutional status and protection to cooperative societies.

99th CAA, 2014


• Formation of a National Judicial Appointments Commission.
• In 2015, a five judge Constitution Bench of SC by 4:1 majority upheld the collegium system
and struck down the NJAC as unconstitutional.
Download Test RanKING App for Free Mock Tests & E-Books 41
100th CAA, 2015
• Related to the Land Boundary Agreement (LBA) between India and Bangladesh.
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).
104th CAA, 2020
• Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies.
105th CAA, 2021
• Restored state governments' power to prepare the socially and economically backward
classes (SEBC) list.
106th CAA, 2023
• It reserves one-third of all seats for women in Lok Sabha, State 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

• Proclaimed due to:
• War
ARTICLE 352 National Emergency
• External aggression
• Armed rebellion
• Declared by President, must be approved by both Houses within 1 month (special majority).
• Once approved, it continues for 6 months, and can be extended indefinitely with approval every
6 months.
• 38th CAA, 1975 – Made it immune to judicial review (but 44th CAA restored judicial review).
• Revocation: By President if Lok Sabha revokes (simple majority).
• Rights under Articles 20 & 21 cannot be suspended.
• Declared 3 times: 1962 (China war), 1971 (Pakistan war), 1975 (internal emergency).
Download Test RanKING App for Free Mock Tests & E-Books 42
ARTICLE 356 State Emergency (President’s Rule)

• Due to failure of constitutional machinery in a state.


• Must be approved by both Houses within 2 months (simple majority).
• Once approved, lasts for 6 months.
• Can be extended up to 3 years (every 6 months with parliamentary approval).
• Revocation: By President at any time.
• First Imposed: Punjab, 1951
• Max Use: Manipur (10 times), Uttar Pradesh (10 times)

ARTICLE 360 Financial Emergency

• Declared when the financial stability or credit of India is threatened.


• Never imposed till now.

ARTICLE 355 Duty of Centre to protect every state against


external aggression or internal disturbance.

ARTICLE 365 If any state fails to follow Centre’s directions, it


can face President’s Rule under Article 356.

✓ (Added by 42nd Amendment Act, 1976)

✓ Based on the recommendation of Swaran Singh


Committee

✓ Added a new Part XIV-A in the Constitution.

Article 323A Addressing administrative tribunals.

Article 323B Addressing tribunals for other matters

Download Test RanKING App for Free Mock Tests & E-Books 43
(Articles 243 to 243O) – Total 29 items
✓ Constitutional status given by 73rd Panchayats
Constitutional Amendment Act, 1992
✓ Added Part IX and 11th Schedule
✓ First state to implement Panchayati Raj: Nagaur, Rajasthan on 2 October
1959 by Jawaharlal Nehru
✓ Lord Ripon’s Resolution (1882) – Known as Magna Carta of Local Self-
Government
✓ Implemented in all states except:
✓ Nagaland, Meghalaya, Mizoram
✓ All UTs except Delhi
24th April is celebrated as National Panchayati Raj Day

Evolution of Panchayats in India


1. Balwant Rai Mehta Committee (1957) – Recommended three-tier system
2. Ashok Mehta Committee (1977) – Recommended two-tier system
3. L. M. Singhvi Committee (1986) – Supported three-tier system
4. Thungon Committee (1988) – Focused on District Planning
5. Gadgil Committee (1988) – Suggested policies and programs

Constitution of Panchayats
Article 243 Definition. 3-tier system:- village intermediate-
district If population <20 lakh then
Gram Sabha:- powers and functions determined intermediate is not compulsory
Article 243A by state legislature.

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

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


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

Article 243K Election to the panchayats .


Laws made by state legislature
Constitution of finance commission to review financial can cause disqualification
Article 243I position Constitution of state financial commission. Minimum age 21 yrs.

Article 243J Audit of accounts of panchayats. State Election Commission conducts


all elections to the panchayat
Article 243H Definition of cooperative societies Directly elected by people
Chairperson at village level – state
legislature determines
PESA Act of 1996:- provisions of the panchayats Chairperson at block and district
(extension to scheduled areas) level – indirectly elected

Download Test RanKING App for Free Mock Tests & E-Books 44
✓ 1687 - Madras: first municipal corporation.
✓ 1726- municipal corporation was established in
Bombay and Calcutta by a royal charter
MUNICIPALITY
✓ 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)

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 371A •Nagaland

Article 371B •Assam

Article 371C •Manipur

Article 371D •Andhra Pradesh or Telangana

Article 371E • Parliament to provide for the establishment of a central


university in the state of Andhra Pradesh.

Article 371F •Sikkim

Article 371G •Mizoram

Article 371H •Arunachal Pradesh

Article 371I •Goa

Article 371J •Karnataka

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

Download Test RanKING App for Free Mock Tests & E-Books 45
UPSC UPSC:- Union
SPSC:- State
Constitutional
Bodies
Article 315 to 323,
Part XIV

Article 315 Public service commission for the union and the states.

Article 316 Appointment and term of office of members.

Article 317 Removal and suspension.

Article 318 Power to make regulations as to conditions of


service of members and staff of the commission .

Article 319 Prohibition as to holding of office by members of


commission on ceasing to be such members .

Article 320 Functions of public service commission .

Article 321 Power to extend functions of public service commission .

Parliament:- UPSC State legislature:- SPSC


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

UPSC and JPSC - President, SPSC – Governor


• Tenure :
• UPSC :- 6 years or age of 65 years of age, whichever is earlier.
• SPSC,JPSC :- 6 years or 62 years of age , whichever is earlier.
• UPSC Chairman: Not eligible for further appointment in GOI or State.
• Members: eligible for UPSC chairman and SPSC/JPSC chairman
• SPSC , JPSC Chairman: Not eligible for reappointment (i.e. for 2nd term) or any
other appointment to GOI or State but eligible to be chairman or member of UPSC
• Appointment : By the Governor but can only be removed by the President.
Download Test RanKING App for Free Mock Tests & E-Books 46
Articles 324 to 329 Election
Part XV Commission of
India (ECI)
Elections to Parliament, State Legislatures, President and
Vice-President (Superintendence, direction and control of
Article 324 elections)

No person to be ineligible for inclusion in electoral roll on


Article 325 grounds of religion, race, caste, sex

Article 326 Election to Lok Sabha and Rajya Sabha

Power of Parliament to make provisions with respect to


Article 327 elections to state legislature

Power of State Legislature to make provisions regarding


Article 328 elections to their legislature

Article 329 Bar to interference by courts in electoral matters

Key Points about ECI:


• Appointment – By the President
• Conditions of Service – Also decided by the President
• No qualifications for Election Commissioners are prescribed in the Constitution
• Multi-member body status given by 61st Constitutional Amendment Act, 1989
• Voting age reduced from 21 to 18 years (by 61st CAA, 1989)
• ECI now has one Chief Election Commissioner + two Election Commissioners (Total = 3
members)
Tenure and Removal:
• Tenure & Salary – 6 years or up to 65 years of age Important Facts:
(whichever is earlier) • First Election Commissioner –
Sukumar Sen
• Reappointment – Not prohibited by Constitution
• First Woman CEC –
• Resignation – To the President V.S. Ramadevi
• Removal – Same manner as a Judge of Supreme Court
Download Test RanKING App for Free Mock Tests & E-Books 47
Articles Comptroller & Auditor
148 to 151 General (CAG)
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
Article 149
1. Audits expenditure
from Consolidated
Key Points: Fund
• Known as “Guardian of the Public Purse” and Contingency Fund
• Controls the entire financial system of Centre & of India
States 2. Certifies net
• Appointment: By the President proceeds of any tax
• Single-member body and duty
Tenure & Salary: 3. Maintains accounts
• 6 years or till 65 years of age, whichever is earlier of state governments
• Not eligible for further appointment in GoI or
State
• Salary & service conditions decided by Parliament
Resignation: To the President

Article 76 – Part V
• Part of Union Executive Tenure:
• Highest law officer of India • Holds office during pleasure of President
• Not a full-time counsel of the government
• Appointment: By President • Can continue private practice
• Must be qualified to be a judge of SC • Salary: Decided by the President

Resignation:
• To the President
• 1st AG: M.C. Setalvad
Article 165 – Part VI • Current AG: R. Venkataramani

• Highest law officer of the state • Tenure: Holds office during pleasure of Governor
• Appointment: By Governor • Salary: Determined by the Governor
• Must be qualified to be a judge of HC • Resignation: To the Governor

Download Test RanKING App for Free Mock Tests & E-Books 48
GST Council • Article 279A, Part XII • Members of GST Council:
• Related Article: 1. Union Finance Minister
• Article 246A – Special (Chairperson)
provision allowing 2. Union Minister of State)
both Parliament and (Revenue/Finance)
State Legislatures to 3. Finance/Taxation Minister from each
make laws on GST. State (or nominee of the State Govt)
• Appointment: By the President

Special Officer for Linguistic Minority


• Article 350B, Part XVII –
• Appointed by: President
• Tasked to investigate matters relating to the safeguards of linguistic
minorities
• Submits annual reports to the President, which are then placed before
Parliament.

Finance Commission
Article 280 (Part XII)
• Quasi-judicial body Composition:
• Constituted by the President every • Chairman + 4 members
5 years • Chairman must have experience in
public affairs
Functions: • Other members should have:
• Distribution of net proceeds of • Experience as a Judge of HC or
taxes between Centre and States eligible to be appointed
• Determines respective State • Specialized knowledge of finance &
shares government accounts
• Expertise in financial administration
Tenure: or economics
• Appointed every 5 years or earlier
if required 1st Chairman: K.C. Neogy (1951)
• Term decided by President Current Chairman (16th FC):
• Eligible for reappointment Dr. Arvind Panagariya

Download Test RanKING App for Free Mock Tests & E-Books 49
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
• 65th CAA 1990: Multi-member National
Commission for SCs & STs with constitutional
status.
• 89th CAA 2003: Single commission separated
into NCSC (Art.338) & NCST (Art.338 A).
• The separate National Commission for SCs
and STs came into existence in 2004

Article Article 338, Article 338A, Article 338B,


Part XVI Part XVI Part XVI
Appointment By President by warrant under his hand and seal.

Members Chairperson + Vice Chairperson + 3 others member

Tenure Under the Rules, they hold office for a term of three years.
They are not eligible for appointment for more than two terms.
Reports Presents an annual report to the President. The President
places all such reports before the Parliament.

Download Test RanKING App for Free Mock Tests & E-Books 50
Central Vigilance Commission (CVC)

Lokpal and Lokayukta

Download Test RanKING App for Free Mock Tests & E-Books 51
• Tamil (2004)
Classical Language status
Languages conferred with

• Sanskrit (2005)
• Telugu (2008)
• Kannada (2008)
• Malayalam (2013)
• Odia (2014)
October 3, 2024, the Government of
India has granted Classical Language
status to five additional languages:

• Marathi
• Bengali
• Assamese
• Pali • Originally 14 languages are there in
• Prakrit the constitution now 22.
• 21 CA 1967- Sindhi was added
• 71 CA 1992- Konkani, Manipuri and
Article 322 Official language of union. Nepali
• 92 CA 2003- Bodo, Dogri, MaithIli,
and Santhali
Article 323 Official language of state. • Oriya was renamed as ‘Odia’ by
the 96th CAA, 2011 .

Download Test RanKING App for Free Mock Tests & E-Books 52
FIRST
• States and union territories names and their boundary details.
SECOND
• 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 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.
FOURTH
• Allocation of seats in the Rajya Sabha to the states and the union
territories.
FIFTH
• Administration and control of Scheduled Areas and Scheduled Tribes.
SIXTH
• Administration of tribal areas in the states of Assam, Meghalaya, Tripura
and Mizoram.
SEVENTH
• Detailed list about Union and states government power and concurrent
lists-
• Union (52)
• State (100 ,{originally 97})
• Concurrent (61 ,{originally 66})
EIGHTH
• Languages recognized by the Constitution. Originally, it had 14 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
Download Test RanKING App for Free Mock Tests & E-Books 53
Quasi-federal
constitution –
Described by K.C.
Wheare

• Division of subject matters between Parliament and state


Article 246
legislatures.

• President can appoint a State Governor as the


Article 239(2)
Administrator of a Union Territory.

Article 239AA • Special provisions for Delhi (NCT).

Part IX (Articles
• Deal with relations between the Union and States.
245–263)

Article 312 • Establishment of All India Services like IAS, IPS, IFoS.

• Universal Adult Franchise (Amended by 61st CAA, 1988 –


Article 326
voting age reduced from 21 to 18 years).

Important Commissions & Concepts:


• First Backward Classes Commission (1953): Led by Kaka Kalelkar
• Center-State Relations Commissions:
1. Sarkaria Commission (1983)
2. M.M. Punchhi Commission (2007)
• Mandal Commission: Recommended 27% reservation for OBC
• Karve Committee: Focused on small-scale industries
• Bargaining Federalism – Described by Morris Jones
• Democracy – Defined by John Locke as “Government by consent”
• EVM First Used: In 1982 (North Paravur, Kerala Assembly Elections)
• Cooperative Federalism – Concept by Granville Austin
• Constitutional Assembly = Congress (Granville Austin)
• Granville Austin also described the Constitution as a “Seamless web”

Download Test RanKING App for Free Mock Tests & E-Books 54
Test RanKING
For Free Mock Tests & E-Books

Click on

You might also like