Indian Polity

1/22/14 CareerNotifications.
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Posted by Nagi Reddy Published on Saturday, 31 August 2013
Indian Polity Study Material,
Indian Polity - Introduction
Introduction
Constitution of a country is basic Fundamental/Organ law, Supreme law of the land, which
contains the Structure & Powers of the Government and guarantees rights to the people. It
establishes balance between Powers of the Government and Rights of people. Constitution is
basis for Political system. The purpose of Constitution is to have Rule of Law.
- Constitutionalism first started in England in 17
th
country after Glorious Revolution in
1688.
- In 18
th
century, Americans were the first people to have a Written Constitution.
Classification of Constitutions:
Types:
1 Unwritten Constitution (Physical form)
2. Written Constitution (Physical form)
3. Flexible Constitution
4. Rigid Constitution
- On basis of their physical form, 1 and 2 are classified.
- Unwritten Constitution is a type of Constitution where the Administration of country is
carried according to well established conventions, customs, usages and practices, which are
not available in the written form.
- Only few provisions are available in the form of writings.
- England has Unwritten type of Constitution.
Written Constitution All the rules of Administration & Governance have been written in a
book or books. Even in Written Constitution, there may be conventions, customs, which
might also be followed by rules.
Ex: In India, the Deputy Speaker post is given to largest opposition party in Loksabha as a
convention.
- No. of terms for the Office of President is restricted to 2 as a convention.
- No constitution is 100 % Written/Unwritten.
- Constitutions are called Rigid and Flexible depending on the procedure for Amendment.
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- A Flexible constitution is one which is amended with simple procedure & simple
majority, like an ordinary law.
Ex: England has the most Flexible Constitution.
- A Rigid constitution is one which involves procedures & majority to amend the
constitution different from ordinary law amendment.
Ex: American
- Constitution of India is basically Rigid with certain inbuilt flexible features, as major parts
of constitution of India are dealt with special majority.
- Written Rigid
- Secular state is one which provides an individual or the corporate the freedom of religion,
not constitutionally connected, do not promote or interfere with any religion.
Definition of secular state
Secularism in India is treated as a positive concept, which has equal treatment, respect to all
religions. It implies equality of all religions and religious tolerance & respect. India, therefore
does not have an official state religion. Every person has the right to preach, practice and
propagate any religion they choose.
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1/22/14 CareerNotifications.com: Indian Polity - Making of the Constitution
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Posted by Nagi Reddy Published on Sunday, 1 September 2013
Indian Polity - Making of the Constitution
Making of the Constitution
- Constitution of India was made by a separate body called Constituent Assembly.
- Constitution Assembly was established in 1946 after the recommendation of the Cabinet
Mission Plan (CMP).
- Cabinet Mission Plan consisted of Chairman namely Sir Pathic Lawrence & 2 other
members A.V. Alexander & Sir Stafford Cripps.
- These 3 recommended for Constituent Assembly. Elections were held to elect members
of Constituent Assembly 1946 (June August).
The total strength of Constituent Assembly was to be 389. Of these, 296 seats were to be
allocated to British India. And 93 seats to the Princely States. Out of 296 seats allocated to
the British India, 292 members were to be drawn from the 11 Governors provinces and 4
from the four Chief Commissioners provinces, one from each.

- However after Indias division into India and Pakistan, total no. of members were reduced
to 299 (Out of 299, 229 were to be elected and 70 to be nominated)
- Muslim League was the 2
nd
largest party in the Constituent Assembly (C.A), which
secured 73 seats under the leadership of Md. Ali Jinnah (the propounder of Bination theory).
- Member of the Constituent Assembly Dr. B.R. Ambedkar elected from Bengal lost his
membership due to division.
- Constituent Assembly was a composite body, which represented the best of the lot.
- There were 9 Women Members and 11 Telugu members including T.T. Prakasam, N.G.
Ranga, Durgabai Deshmukh, Neelum Sanjeev Reddy, Kala Venkat Rao and Patabi
Seetharamaiyya.
- Indian National Congress secured 208 seats in the Constituent Assembly.
- Constituent Assembly held its 1
st
meeting on 9
th
Dec, 1946 @ Central Hall of the
Parliament, Delhi.
- One the first day, 211 were present. Sri Sachidananda Sinha was chosen as temporary
President of Constituent Assembly on the same day, as he was the senior most member.
- On Dec 11, 1946 -- Dr. R. Rajendra Prasad was elected unanimously as Standing
President of the Constituent Assembly.
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- H.C.Mukherjee was chosen as Vice President of the Constituent Assembly.
- B.N. Rao was Chief Advisor to the Constituent Assembly. who was the first Indian to
become Judge of International court of Justice, Hague, Netherlands.
- H.B. Iyengar was appointed as the Secretary to the Constituent Assembly.
- The Constituent Assembly constituted 22 Main Committees, 15 Minor Committees and 7
Sub- Committees which perform different tasks.
- The most important was the Drafting Committee, constituted on 29 Aug, 1947, Dr. B.R
Ambedkar as the Chairman. It consisted 6 members.
1. Gopal Swamy Iyengar
2. Alladi Krishna Swamy Iyer
3. Md. Sadullah
4. K.M Munshi
5. N. Madhav Rao replaced B.L. Mittal after his resignation
6. T.T. Krishnamachary after death of D.P. Khaithan
- Pandit Jawaharlal Nehru on 13
th
Dec 1946, proposed objective resolution, which was
unanimously accepted by the Constituent Assembly on 22
nd
Jan 1947.
- This objective resolution was basis for the Preamble of the Constitution of India.
- The Drafting Committee drafted the Constitution & presented to the Constituent
Assembly which took 114 days to consider the Draft.
- The Constitution then was adopted & enacted on 26
th
Nov, 1949, which came into force
on 26
th
Jan, 1950.
- Total time taken to prepare Constitution was 2 years, 11 months, 17/18 days.
- Effective working days were 165 Days & 11 Sessions.
- Total expenditure for Drafting Constitution was 64 Lakh.
- Total source Constitutions were 60.
- The Emblem of the Constituent Assembly was Elephant, symbolizing strength. Total no. of
amendments proposed were 7635 of which only 2473 were accepted.
- At the time of commencement of the constitution, there were 395 Articles, 22 Parts and
8 Schedules.
- A Part divides Articles; Schedule is Appendix or Annexure of the Constitution.
- Today we have 448 Articles, 24 Parts, 12 Schedules. Numbered articles were 395 out
of 448.
- 75 new Articles were added & 22 were deleted.
- The Draft Constitution contained 315 articles before it was adopted by the Constituent
Assembly.
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1/22/14 CareerNotifications.com: Indian Polity - Sources of Indian Constitution
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Indian Polity - Sources of Indian
Constitution
Sources of Indian Constitution
1. 1935 GOI Act: More than 60% of provisions are from this.
Constitution of India is replica of GOI 1935 act.
a. Federal System
b. Federal Court (Supreme Court)
c. Bicameral Legislature
d. President Rule
e. Discretionary powers of Governor.
2. British Constitution:
a. Parliamentary System
b. Legislative Procedures
c. Offices of Speaker, Deputy Speaker
d. Rule of Law
e. CAG
f. Attorney General
g. Writ Jurisdiction
3. American Constitution:
a. Fundamental Rights
b. Judicial Reviews
c. Independence of Judiciary
d. Office of Vice President
4. Canadian Constitution:
a. Strong Central Govt.
b. Residuary Powers
c. Advisory Jurisdiction of Supreme Court of India
5. Irish Constitution:
a. Directive Principles of State Policy
b. Nominating certain members to Rajya Sabha by the President.
6. German Constitution:
a. Emergency Powers (National Emergency)
7. French Constitution:
Liberty, Equality, Fraternity, Republic
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8. Australian Constitution:
a. Concurrent List
b. Joint sitting of the Parliament
c. Commerce & Trade
9. South Africa Constitution:
a. Constitutional Amendment procedure.
b. Election of members of Rajya sabha.
10. Japanese Constitution:
a. Procedure established by law.
11. USSR Constitution
a. Socialism, Planning
b. Fundamental Duties
Original features of Indian Constitution:
Panchayat Raj Institutions.
Electoral College, which elects the President of India.
All India Services. (created by S.V. Patel)
Protective / Progressive discrimination.
Special Protection for Minorities.
Finance Commission, Public Service Commission.
Important Committees and Chair Persons:
1. Advisory Committee (largest Committe of Constituent Assembly, Committee on the
powers of State Govt. - Headed by Sardar Vallabhai Patel)
2. Steering Committee, Rules Committee and Committee on National Flag were headed by
Dr. Rajendra Prasad.
3. Committees on the Powers of Central Govt. Pt. Jawaharlal Nehru
4. Committees on the functions of Constituent Assembly G.V Maulankar
5. Business Advisory Committee K.M. Munshi
6. Committee on N.E. States Gopinath Bordoloi (Father of Assam)
7. House Committee B. Pattabhi Seetharamaiya
8. Adhoc Committee on Supreme Court C. Varadacharya
9. A Sub-Committee on Fundamental Rights Krupalani
10. A Sub-Committee on Rights of Minorities H.C Mukherjee
SCHEDULES CONTENT
Schedule 1 : Names of the States & Union Territories
Schedule 2 : Salaries of President, Vice-President, Constitutional Authorities
Schedule 3 : Different forms of Oath
Schedule 4 : Representation to the States in Rajya Sabha
Schedule 5 : Special Protection of ST and scheduled areas
Schedule 6 : Tribal people & Tribal areas Mizoram, Manipur, Meghalaya, Assam etc,
Schedule 7 : Division of powers between Centre & State
Schedule 8 : Official Languages (22)
Schedule 9 : Land Reform laws made by various States & Special Laws made by TN,
KA, AP
(It is not open to judicial review)
Schedule 10 : Deals with anti defection added in 1985, 52
nd
Amendment
NOTE: In 2007, in Public cause case, Supreme Court held that even the contents of 9
th
schedule, added after 1973 are open to Judicial Review. This schedule was added by 1
st
amendment 1951, Article 31A, 31B were added.
Schedule 11 : Functions of Panchayats in 1992, 73
rd
Amendment
Schedule 12 : 1992, 74
th
Amendment Functions of Municipalities.
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1/22/14 CareerNotifications.com: Indian Polity - Preamble
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Indian Polity - Preamble
PREAMBLE
-Source to the preamble was the objective resolution of C.A on 13
th
Dec, 1946.
-US Declaration of Independence 1776, The Trio of French Revolution Liberty,
Equality, Fraternity.
-Preamble is an introduction, foreword, preface to the const. which states the objectives,
mentions the ideals for which the const. was drafted.
-Preamble purpose is essence of the Indian const. it is the micro-cosome of the const.
-Preamble commences:
We, The people of India, implies the ultimate source of political power lies with people. It
also means, the constitution of India was prepare by the people, through their
representatives.
-The words Socialist, Secular and Integrity have been inserted in 1976, 42
nd
Amendment.
-This is the 1
st
& last amendment to the Preamble.
Sovereign: The country is externally independent & internally supreme.
Socialist: It implies equal opportunities to all the people by prevention of concentration of
wealth, through Nationalization of materials & National resources.
Egalitarian Society No disparity between Rich & poor.
Secular: Secular state is a state in which the relation between Govt. & people is determined
according to the const. & law; not according to the religious faith.
Pakistan is a theocratic state.
So in a secular country, there is freedom of religion, no official religion & no discrimination on
religious basis.

Secular state is non-religious states.
Democratic: Essence of democracy is Rule of Law.
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Republic: Head of the country & other public representatives directly / indirectly for a period,
do not follow hereditary to secure to all its citizens.
Justice: social, economic & political. Justice is something, due for other.
-Social justice means prohibiting discrimination of people on the basis of social consideration.
Ex: caste, gender and provide equal treatment of all the people.
-Political justice means providing equal opportunities to all citizens in the matters of
administration & political process; like right to vote, to contest, to hold public offices, to
petition, to criticize the Govt.
-Economic justice is ensured through employment opportunities, freedom to take up any
profession, trade or commerce.
Liberty: thought, expression, belief, faith, worship.
Equality: status & opportunity
Fraternity: assuring the dignity of individual & unity & integrity of Nation.
In our constituent Assembly, 26
th
Nov, 1949, do hereby adopt, enact & give to ourselves
this constitution.
Significance of Preamble:
- Preamble contains the essence of the constitution. It is indicative will of the makers of the
constitution.
- Preamble provides the information relating to the adoption of constitution of India.
- Preamble also provides legal help to the judges for the proper interpretation of the
constitution; in such cases, courts interpret the constitution in the right of preamble.
SC has given contrary judgments on the inclusions of preamble into constitution.
In 1960, Berubari union case, SC held that preamble is not a part of the constitution.
In 1973, Keshawananda Bharathi case, SC held that preamble was a part of the const.
preamble is hence, the part of the const.
In K.B. case, SC held that preamble comes undesr the Basic Structure. Basic structure
cannot be amended.
Amendment should not damange the basic structure but can be further developed.
Hence in 1976, 42
nd
amendment, the preamble of const. was amended positively.
Preamble is non justiciable, which means these ideals are not implemented directly & one
cant go to judiciary for the enforcement of preamble.
Preamble has an in direct impact on the other parts of the const.
Comments:
Preamble is a political horoscope to the const. of India K.M.Munshi
Preamble is the heart and soul of the const. Pundit Thakur Das Bhargava.
Preamble is the will & dream expressed by the people Alladi Krishna Swami Iyer.
Preamble is the firm resolution & solid promise J. Nehru
Preamble is like a key to open the minds of the makers of const. Dyer
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1/22/14 CareerNotifications.com: Indian Polity - Union Parts of the Constitution
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Posted by Nagi Reddy Published on Monday, 2 September 2013
Indian Polity - Union Parts of the
Constitution
Union Parts of the Constitution

PART I:
ARTICLES (1-4): Territory of India, union of India, creation and formation of states.
-Territory of India implies all physical boundaries including UT and all territorial waters.
-Territorial Sovereignty is covered till 12 nautical miles, continental shelf and exclusive
economic zones till 220 open skies.
-Union of India implies all the constituent parts / states of Indian Govt. and its relations with
state Govt.
Article 1: India i.e. Bharat shall be a Union of states, which means Indian federation is not
the result of agreement between centre & states. Hence the term federation is not mentioned
in Indian const. Indian Federation is the result of both Agreement, disagreement /
Integration, disintegration both holding together, coming together. It is the result of
Centripetal & Centrifugal forces. As Indian federation is not the result of agreement, states
cant go away from union. Indian union is indestructible with destructible states (units).
Article 2: Admission & transfer of new territories in India. Goa, Daman Diu, Dadra Nagra
Haveli, Pondicherry. Sikkim was admitted to Indian union. If a new territory is admitted &
formed into a state, it is called Creation of state.
Articles - 3: deals with
Formation of MP and Chhattisgarh from MP (Formation breaking into small states.)
Merge: 2 into 1 Ex: Andhra state + Hyderabad state = Andhra Pradesh
(Diminish: reducing the boundary)
(Increase: increasing the territory)
(Alteration: alteration i.e. reorganization of the states). (Names of states).
Bill relating to the above things will be introduced in either houses of the parliament.
UP state trying to break is extra constitutional.
Only centre can initiate the process which is constitutional.
Simple majority: move than half of the members present & voting other than total. Ex: of 545
members, 400 present. So, simple majority = 201
Both houses should approve the bill separately after which president gives his assent & the
bill becomes an act.
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No house prevails over the others.
President is bound to give his assent.
Article 4: If any amendment made to articles 2,3 then article 4 is automatically amended. It
contains the names of states, UT.
Dynamics of formation of states:
Language: In 1947-48, central Govt. appointed S.K Dhar commission to consider the
demand of the linguistic states; consists of Panna Lal and Jagath Narayana lal chaired by
S.K.Dhar.
This commission rejected linguistic state. 1
st
state to demand: Telugu
Committee J-V-P: (Nehru, Patel, Pattabhi), appointed by congress party in 1948.
This committee also turned down linguistic state. However the demand of Telugus may be
consider separately.
However in 1952, P. Sriramulu (Oct 19), started fast unto death in Madras at the residence
of Bulusu sambha murthy.
But he died on 15 Dec, 1952 after 58 days. After this, J.Nehru announced formation of
Andhra.
Kailashnath Vanchu committee: (form. C.J. of R.J. H.C) in 1953 to decide the division of
Madras state. Accordingly, Andhra state was formed on 1
st
Oct 1953 with 11 districts. 4
rayalaseema, 7 coastal districts, Kurnool as capital. 1
st
CM of Andhra state: T. Praksham,
Assembly Hyderabad, High court Guntur, capital Kurnool.
States reorganizing committee: (SRC)
In 1953, Fazal ali charied SRC which had its members K.M Phanikar, H.N. Khunjru.
This commission submitted its report in 1955 and recommended for reorganization of states.
Accordingly, parliament made 7
th
amendment of const. in 1956 and also states
reorganization act, 1956.
With this act, all category of states stand abolished and all the states were placed. Under
same footing.
Hyderabad state was merged into Andhra state and it became Vishala Andhra or Andhra
Pradesh on 1
st
Nov, 1956, with neelum sanjeev reddy as 1
st
CM of Andhra pradesh.
Initially 20 districts, now 23 districts for A.P before 11 districts for Andhra state.
Likewise 14 states were reorganized from 29 states and had 6 union territories.
As on today there are 28 states, 7 UTs.
Newly formed states after 1956:
1960: Gujarat was formed by dividing Bombay state into Maharashtra. 15
th
state
Gujarat.
1963: Nagaland 16
th
, by separating from Assam.
1966: Haryana from Punjab -17
th
state
1971: HP 18
th
which was earlier a UT.
1972: 3 states Manipur -19
th
, TR 20
th
, MG 21
st
, with NE states reorganization act,
1971.
1975: SK 1975 36
th
Amend 22
nd
state,
1974 35
th
amend SK was associated into Indian Territory. (SK: least
populated).
1987: MZ-23
rd
, Arunachal Pradesh-24
th
earlier UTs made into states.
1987: Goa 25
th
state of India. Goa became part of India in 1961, a portug. ----.
It was given a constitutional status as UT in 1962 by 12
th
const. amendment.
It was acquired & was made UT in 1962.
2000: Chhattisgarh from MP as 26
th
state.
Uttarakhand from UP on 9
th
Nov as 27
th
state.
Jharkhand from Bihar on 15
th
Nov as 28
th
state.
Changing the names of the states:
1950: United Province became Uttar Pradesh
1960: Bombay became Maharashtra
1968: Madras state became Tamilnadu
1973: Mysore state became Karnataka
2006: Uttaranchal became Uttarakhand
2006: Pondicherry Puducheery
2007: Assam Asom
2010: Orissa Odisha
2011: West Bengal Paschima Banga
Latest movements for separate states:
Telangana: AP
Kodagu: Coorg (KA)
Saurashtra: GJ
Vidarbha: MH
Bodoland: AS
Gorkhaland: WB
Vindhya Pradesh: Awadh (MP)
Tulunadu: borders of KA, KL
Harid POradesh: UP
Mitilanchal: Kosala, ----
Gondhwana: borders of -----
Manya pradsesh: AP, MP, MH, ----
Recent UP Awadh, Pashchim, Bundalkand
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1/22/14 CareerNotifications.com: Indian Polity - Citizenship
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Indian Polity - Citizenship

Citizenship
PART II: ARTICLES (5-11)
The deals with provisions relating to citizenship.
Citizens are those persons, who enjoy all rights especially political.
Aliens enjoy civil rights.
Part-II provides minimal or indicative provisions relating to citizenship. All the amendments
to citizenship are done by parliament.
Accordingly parliament made Indian citizenship act, 1955. This act was amended so far in
1986, 1922, 2003, and 2004. 4 times amended.
In India, we have single citizenship. Usually every federation has dual citizenship.
In India, states do not have their own constitution and hence, there is single citizenship.
Moreover it is important to ensure unity & integrity of India.
Though India has single citizenship, it has limitations of dual citizenship, on the basis of
domicile, resident, local, non-local; due to regional disparities.
Modes of acquiring Indian citizenship:
By Birth
By Descent
By Registration
By Naturalization
By Acquisition of Territory
Descent: Born out of India 26 Jan 1950, but before 10 Dec 1992 are citizens, if their father
was Indian citizen at the time of their birth.
-After 10 Dec 1992 birth, either of the parents must be citizen of India.
-Natural citizenship born by birth / blood
Registration: PIO, ordinarily resident of India for 5 yrs. Persons married to Indian citizen &
ordinarily resided in India for 5 yrs.
Naturalization: A foreigner can get Indian citizenship on the ground of domicile or resident of
India for 10 yrs.
Acquision of Territory: Territory acquired by India and people of that territory belongs to
Indian citizens.
-Constitution does not distinguish between naturally born or naturalized citizen in the matters
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of opportunities.
Loss of Indian citizenship:
Renunciation voluntary (giving up by himself to get other)
Termination Voluntary (Acquiring other nations citizenship)
Deprivation involuntary disloyal to const. / stayed 7 yrs abroad (forceful cancellations)
President / central Govt. terminate the citizenship.
NRI: Any Indian citizen resided 182 days abroad, in the previous fiscal year as per the law.
He holds the Indian passport. Sometimes, NRIs may hold the foreign passport.
PIO: PIOs are 2
nd
NRIs. PIOs invariably hold the passport of foreign countries. (S/o a
NRI).
Now GOI provided facilities of dual citizenship to PIOs, which includes visa free
visit. Also, they are allowed to vote in Indian election & can own, invest the property with no
restrictions.
-In 2004, OCI act was passed came into force in 2005. Accordingly these facilities are
extended.
-Manju R Jehu was the 1
st
PIO from OZ to be listed for dual citizenship in 2004. He
registered at Kolkata assembly.
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1/22/14 CareerNotifications.com: Indian Polity - Fundamental Rights
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Indian Polity - Fundamental Rights
Fundamental Rights
PART III: ARTICLE (12-35)
Right is a claim to do certain things, which are recognized by the Govt. and not
prohibited by law. Rights are of 2 types: moral rights, legal rights.
Moral right: right based on moral values & ethical principles of people & society.
If these moral rights are recognized by the Govt. and enforced through courts are Legal
Rights.
If these legal rights are recognized in the const. with special status, they are Fundamental
Rights.
-So all fundamental rights are legal rights, but not vice versa.
Fundamental Rights are fundamental because
They are basic essential for the society.
They are recognized by the fundamental law, the const. of India.
-Source of Fundamental Rights of America, Bill of Rights'.
-Magnacarta of England is 1
st
of its kind to recognizing rights.
-American const. was 1
st
const. to recognize Fundamental Rights.
Features of Fundamental Rights:
They are justifiable. (SC can be consulted if violated).
They are guaranteed to citizens against arbitrary powers of the Govt.
Only few rights are against people. (17, 23, 24).
They are not absolute in nature. (With limitation).
Certain Fundamental Rights are also available to foreigners (14, 20, 27).
Certain Fundamental Rights are positive and some are negative.
Certain Fundamental Rights are non self implementable. Their implementation depends on
supportive legislation by the parliament.
Certain Fundamental Rights are limitedly available to certain people.
Ex: Police, Armed forces, convicts. Moreover certain rights are equally available all the times
of the day.
Classification of Fundamental Rights
Originally there were 7 Fundamental Rights, but 6 are currently present.
Right to Equality Articles (14 18)
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Right to Freedom Articles (19 22)
Right against Exploitation Articles (23 -24)
Right to Religion Articles (25 28)
Cultural & Educational Rights Articles (29 -30)
Right to Property Article (31)
Right to Constitutional Remedies Article (32)
- Right to property deleted from Fundamental Rights in 1978, 44
th
amendment along with
article 19 (1) (f). It has been transposed, (changed the serial order), put into part -12, and
article 300A as legal (Const.) right.
Article 12: Definition of a state.
State includes central, state, local, Govt., UTs, boards, universities, corporations, agencies.
Even judiciary comes under the definition of state. However cooperative societies do not
come under state.
Article 13: Definition of Law
Any law which is against FR is declared null & void, unconstitutional; by SC. This power of
SC is called Judicial Review. However the word judicial review is not mentioned in articles
13.
Power of judicial review is direct (explicit).
Null & void: It is null & void.
Law includes any act of the parliament or state legislature, ordinance of governor, president,
notification of Govt., Ads of Govt., even the conventions & customs of the people recog. by
Govt.
However const. amendment under act 368 is not a law under article 13.
Article (14 18): Right to Equality
Article 14: Equality before law, equal protection of law, equal before law, similar to rule of
law taken from England. So, equality before law implies a negative affirmation that there is
only one law in the country & all are subjected to that law.
They are equally held accountable for omissions & commissions irrespective of their
statues & ranks.
Not applicable to president, governor i.e. no criminal case can be implemented as long as
they are in power. Civil cases can be filed, 2 months prior with notice.
This exemption is given to highness of offices.
Equal protection of law: (taken from America)
Like should be treated as a like or the equals should be treated as equal in equal
circumstances & unequals should be treated unequally in unequal circumstances. This implies,
protection, positive discrimination.
Article 14 says there is no class legislature but people are classified while applying the law.
- Has also creamy layer.
Article 15: State shall not discriminate any individual only on the basis of race, religion,
caste, sex, place of birth. All the places of public utility must be equal to all without any
discrimination.
However Govt. may exempt / provide special protection which do not violate article 15.
Article 16: In the matters of public employment, citizens should not be discriminated only
on the basis of race, religion, caste, sex, place of birth, descent, residence.
However, discrimination on age, education qualifications, physical fitness, certain Govt.
offices, where only particular religious people are eligible.
Article -17: Untouchability declared as crime enforced accordingly to law made by the
parliament.
Hence parliament made prohibition of untouchability act of 1955.
Amended & renamed as protection of civil rights, 1976.
Prevention of atrocities against SC, ST, 1989.
Term untouchability is not mentioned in const.
-There are 2 types of untouchables - social, medical.
Article 18: prohibition of all kinds of titles, which indicate special status of a person.
However civilian, gallantry awards can be conferred.
Ex: bharat Ratna, padma Vibhushan, Padma Bhushan, Padma Sri.
Academic & literary distinction like Gnanapeet, Vidvan, doctorates.
Raghupati Venkayya highest AP film award
Dada sahib fallkai highest country film award
Military awards like paramveer, ashok, suryachakra
Article 19 -22: Right to personal / partic. Freedom. These rights are available in the form of
freedom.
Article 19: Guarantees 7 (prev) now 6 freedom
(E) 19 (1) (a): freedom of speech, expression
(E) 19 (1) (b): freedom of assemble without armed
(E) 19 (1) (c): freedom of form union, association
(E) 19 (1) (d): freedom of move
(E) 19 (1) (e): freedom of reside, settle
(E) 19 (1) (f): freedom of acquire property
(E) 19 (1) (g): freedom of take up any professional trade, employment.
NOTE: Explicit (E): no Quarrel, Implicit: Quarrel / dispute
-Freedom of expression includes expression of views of others. It is possible through print /
electronic media. So, freedom of press is implicit in art: 19.
-Freedom of expression also includes commercial talks. Expression also includes silence.
-SC in Kush boo case, 2010 -11 held that men, women living together without marriage are
not a crime under IPC section 377. (Living relation).
-According to Delhi HC, same sex living is not crime.
Restriction on Speech & Expression:
-Public decency, morality, obscenity, Public order, security, maintaining healthy relations
among people & countries.
-Contempt of the court.
These limitations are not applicable to the discussions in parliament & state legislature.
Similarly for other freedoms.
Unions which are unethical are not allowed.
Armed forces & police cant have unions.
Movements & residence at defense, govt. installations etc., cant be allowed.
Settlement in agency areas, J & K is not allowed.
Certain professions need qualifications, licenses. Unethical professions like devadasi, jogini,
etc., are also restricted.
-In 2007 visakha state of RJ, SC held that, sexual harassment in profession (work place) is
violation of art 14, 16, 19, 23.
Article 20: Protection of personal liberty.
No person shall be punished or prosecuted except for the violation of law.
The act or crime committed by the person must be a crime, at the time of commission only.
Criminal laws will have prospective effect, but not the retrospective effect.
a) This act is known as Ex- post Facto legislation. From & after; not before
However civil laws may have prospective or retrospective effects.
No greater punishment shall be given than which might have been in implicated on the person
at the time of commission of crime.
However lesser punishment can be given. This is called Doctrine of Beneficial construction.
b) No self incrimination: It means, no person shall be forced / compelled to the witnessed
against himself.
Sometimes, belonging of the person can be taken as witness.
c) No person shall be punished more than once for the same crime called NO Double
Jeopardy.
Sometimes double punishment is allowed.
Article 21: Life & liberty of a person shall not be dep--eved except according to the
procedure Estb. by law.
This article do not protect against legislature or procedural wrong, but against only
executive laws.
In 1978, in Maneka Gandhi case, SC held that the procedure must be good, fair, and just
& must be due.
SC employed due process of law from America const. thus SC expanded the scope of art
21, specially the meaning of life.
SC said that life is not merely having metabolism, it is life with dignity. Dignity comes with
education.
Hence education is a fundamental right, in 1992, Mokinigiri vs state of KA, unnikrishnan vs
state of AP.
-Child 14 yrs of age, not going to school is considered to be child labour.
Agriculture has most child labour.
Articles 25 -28: right to religious freedom.
Article 25: Every citizen accordingly to their conscience or will can profess, preach,
practice and propagate religion of their choices.
However propagation includes conversions, but conversion is not a fundamental right.
Article 26: Estb. Of religious institutions & their management.
However Govt. can regulate the rights of the trust if it is involved in unlawful activities.
Article 27: No tax shall be levied on the people only on the basis of religion.
However fee can be collected on the basis of religion; which is optional.
Ex: Darshan ticket.
Article 28: No particular religious teachings shall be given in Govt. / pvt. Aided institutions.
In 1986, National Anthem case (Bijo Emanuel vs. state of Kerala), SC held that, singing of
national anthem is not compulsory, if its against religious faith of people.
In 2007, National song case, Vandemataram case.
Sarala Mudgal case, related to religious faith, conversions & uniform civil code. (Group of
laws code).
Article 29 -30: Cultural & educational rights.
They are also known as Rights for minorities.
Though the word minority is mentioned in the const. it is not defined.
They are 2 types of minorities they are: Religious minorities and linguistic minorities.
Except Hindus all are minorities but Sikh, Jainism, Buddhism are also under Hindus. They
are also considered minorities.
In AP, those with non-telugu mother tongue are minorities.
Article 29: NO person shall be denied admission into educational institutions only on the
basis of religious.
No culture other than their own shall be imposed on the people.
Article 30: Minorities should be allowed to Est. Separate educational institutions in order to
protect, preserve & promote their culture language & script.
They are nothing but minority schools & colleges.
In Deccan medical college vs state of AP2006, SC held that, the term minority should be
defined.
Article 32: Right to const. remedies.
It is the most important of the fundamental rights.
This right guarantees the implementation & protection of other fundamental rights.
If any Fundamental Right is violated, the aggrieved citizen can directly move to SC and can
seek extra ordinary remedy; i.e. const. remedy, in the form of writs.
Dr B.R Ambedkar opined this article is the Heart & soul of the const.
Generally preamble is Heart & soul.
According to Ambedkar, article 32 is Heart & soul.
SC issues certain writs under article 32. HC issue writs under Article 226.
Even district courts can also issue writs under article 32 provided parliament makes a
law & empowers them.
Differences between articles - 32, 226:
SC issues writs only for the protection
of FR.
Writ issued by SC is applicable to all
persons, institutions in India.
HC issue writs for protection of FR,
legal rights too, in certain special
circumstances.
So HC has liberal jurisdiction of
writs.
Writ jurisdiction is confined to
territorial limits of the state.
Writ can be demanded as rights, under article 32.
Hence art -32 provides both right & remedy. It is a Remedial right.
In HC under art 226, it cant be demanded as right, as art-226 is outside. Part III.
SC enjoys 1 jurisdiction, in the issuing of rights.
Constitutional Remedies also available for non citizens.
Various Writs:
1. Habeas corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
1. Habeas Corpus: means, To have the body. Dead or alive. It is the order or direction by
ST asking the police to produce the body of the person, who was under arrest; ST court
examines the legality of the arrest.
So, the purpose of this writ is to protect personal freedom, guaranteed in art-(19-
22). This writ can be filed by any 3
rd
person also. Even a postcard/media reports can be
considered as writ petitions.
Suo-motu: self (by court itself)
This is considered as boon for personal liberties. It is also applicable for missing cases.
However this writ is not applicable to preventive detention acts.
2. Mandamus: literally means to command/ order'
It is the writ issued by SC/HC to Govt. authorities directing them to do their legal duties
properly & effective, if they are not discharging their duties.
The purpose of this writ is to get the things done by them.
However, this writ is issued as an ultimate alternative remedy, not as remedy @ initial
course.
Moreover, this writ cannot be issued against president, Govt., private individuals &
institutions, if they are not doing their legal duties.
This writ can be issued against public, quasi-public, judicial & quasi-judicial bodies.
Generally mandamus commands actions, sometimes in-actions too.
3. Prohibition: It means not to proceed. It is the writ issued by HC to the lower courts, not
to proceed on the case since the lower court is exceeding its limits.
The purpose of this writ is to contain the lower courts if they exceed their limits.
Prohibition writ is issued only against judicial & quasi-judicial bodies.
4. Certiorary: It means superior to certify, to bring the records.
This writ is issued by HC to lower courts, quashing the judgment of the lower court,
directing the lower court to transfer the case to higher court.
It is also issued against judicial quasi-judicial bodies.
Purpose of prohibition & certiorary is to contain the lower court if they exceed their limit.
There is different procedure. Prohibition is available at beginning of the case. Certiorary at
the end.
Prohibition is preventive in nature, certiorary is curative.
5. Quo-Warranto: means, by what authority. It is issued by S.C/H.C directing the holder of
the public office, to prove his legality in holding such office.
If violated, court directs him to vacate the office immediately, as he has no legality.
Purpose: it is to protect public office from wrong entry as well as misuse. Any misuse, the
court can issue this writ.
Article 33: Parliament can impose limitations on the availability of rights to certain people
like armed forces, police personal intelligence & security forces.
Article 34: Parliament of India can protect the actions of armed forces, police personnel
which are done in connection with security of India & law & order.
Article 35: Parliament of India can legislate on the matters of 7, 23, 24 and it can prescribe
the punishment for the crime mentioned in part III.
NOTE: Any office which is elected by people directly/ indirectly is public office.
The Fundamental Duties: Part IV Article 51A
They were not originally present in the constitution but were inserted in 1976 by 42
nd
Amend act.
They were recommended by Swarna Singh committee. Swarna Singh committee was
appointed by MIG; to review is recommend, possible amendments, to const.
This committee also recommended shifting of parliamentary system Presidential system.
They were taken from Russian const. originally 10 Fundamental duties, but in 2002, 86
th
Amend. New duty the duty of Parent/ guardian to provide educational facilities (1 edu.
Facilities) to their wards between 6-14 yrs of age.
Duty is a work done for others. There are certain basic minimum essential obligations
towards the country, people.
These are also recognized in the fundamental law and hence they are called fundamental
duties.
Fundamental duties:
To abide by the const. & respect its ideals and Institutions, National flag & National
Anthem.
To cherish and follow the noble ideals, which inspired our national struggle for freedom.
To uphold & protect the sovereignty, unity integrity of India.
To defend the country & render National services when called upon to do so.
To promote harmony & the spirit of common brotherhood among all people of India,
transcending religious, regional, linguistic, sectional diversities. To renounce the practice
derogatory to the dignity of women.
To value & preserve the rich heritage of our composite culture.
To protect & improve the natural environment, including forests, lakes, river & wildlife;
and to have compassion for living beings.
To develop scientific temper, humanism, spirit of inquiry & reform.
To safe guard public property & abjure violence.
To strive towards excellence in all spheres of individual & collective activities.
Providing 1 educational facilities to 6-14 yrs age group children.
- Fundamental duties are non justifiable. If they are not followed, they are not subjected to
punishment.
- Fundamental Duties, Fundamental Rights are complementary to each other. One promotes
another.
- Rights without duties lead to irresponsibility.
- Only duties without rights result in slavery.
- Rights & duties are 2 sides of the same coin. These are inseparable.
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1/22/14 CareerNotifications.com: Indian Polity - Directive Principles
www.careernotifications.com/2013/09/Indian-Polity-Directive-Principles.html 1/4
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Indian Polity - Directive Principles

Directive Principles

PART IV, ARTICLES (35 51)
DPSP are also known as non justifiable rights.
They are taken from Irish const.
Originally they were obtained from Scandinavian countries, which are DP of social
policy.
DPSP are guidelines to the central & state Govt. in their policy making.
Hence Dr. B.R Ambedkar observed that DPSP are instruments of instructions, provided
in act of 1935.
The purpose of DPSP is Est. of socialistic pattern of society. It is mixed economy (pvt,
public). It means not exproportion of rich, but multiplying the wealth & distributing to the
people.
To achieve this, there are certain directives for central & state Govt. & every Govt. is
expected to follow these directives.
DPs are meant for the community welfare, but FRs is meant for individual progress.
Classification of Directive Principles: There is no classification in the const. however, based
on the nature, they are classified into 3 categories by Prof. M.P. Sharma.
Prof. M.P. Sharma was the 1
st
Prof. of public ad. In India from Nagpur university. This
classification is extra constitutional.
It was not universally accepted.
1. Socialist principles Articles - (38, 39, 4, 42, 43)
2. Gandhian principles Articles (40, 46, 47, 48)
3. Liberal principles Articles (44, 45, 49, 50, 51)
Article 36: definition of state. (Same as article 2 of const.)
Article 37: DPSP are non justifiable.
-Non justifiable means, if the DP is not implemented, citizens cant move to courts for their
implementation.
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Socialistic Principles: These principles imply that, Govt. should initiate certain steps for Est. of
egalitarian society, by preventing the concentration of wealth.
Article 38: The state to secure social order, for the promotion of welfare of the people. To
secure social, Economic, political justice & minimize inequalities among the people.
Article 39: The state shall provide securing an adequate means to livelihood and ownership
& control of material & equitality distributed and equal pay for equal work for men/women.
Article 41: right to work & employment, Right to education to all, Right to public
assistance.
Article 42: Just & Humane working condition at work place. Maternity relief to woman.
Article 43: Living wages to workers, social security measures like insurance, job security.
GANDHIAN PRINCIPLE:
Article 40: Est. of Panchayat Raj institutions i.e., grama swaraj.
Article 46: Special development & welfare programme for upliftment of down trodden like
SC, ST, and OBC.
Article 47: Total prohibition of all drugs, liquors, injurious to public health; except for the
industrial & medicinal purposes.
-Only state to have total prohibition is GJ.
Article 48: Ban on slaughtering of animals, which are useful to agricultural, dairy
department.
Liberal Principles:
Article 44: Implementation of uniform civil code- It means, in the civil matters like property,
inheritance, marriage, divorce.
This art -44 is not implemented.
In Goa, uniform civil code is implemented.
Sarala maudgal case related to art 28.
Article 45: Free pre-1 education by 86
th
Amend, 2002.
Article 49: Protecting preserving all the places of historical significance.
Article 50: Separation of judiciary from executives.
Articles 51: Resolving all internal disputes, with other countries peacefully amicably through
negotiations.
Art 51 prescribes the nature of foreign policy which is non-aligned with panchashal
policy.
New directives, added by 42
nd
1976 amend:
Article 39 A: Equal justice and free legal aids to the poor people.
Providing such facilities & opportunities to develop the children in healthy manner,
protecting the against exploitation.
Article 43 A: Participation of workers in management of industry i.e. profit sharing.
Article 48 A: protection of environment & wildlife.
Directives other than part IV in other parts of const.:
Part 16, Art 335: The claims of SC, ST shall be considered in the matters of Govt.
services, without hampering the general merit. (Reservation)
Part 17, Art 350A: The Govt. shall provide the facilities to impact 1 Education tongue
only.
Art 351, part 17: recognizing Hindi as national language & initiate action to speed Hindi as
national language.
In Tamil Nadu, Hindi is not recognized as national language.
NOTE: All the above 3 directives area justifiable as parliament had already made the law.
Criticism of Directive Principles of State Policy:
They are non justifiable.
Some are out dated.
Some do not have clear meaning.
A conflict between DPSP, Fundamental Rights
Comments on DPSP:
Prof. K.T Shah observed that DPSP are like post dated check, payment at the
convenience.
Nasiruddin Shah observed DPSP are like the resolution of a new year day,
conveniently forgotten.
Dr. B. R Ambedkar said that they are like instruments of instructions, ensuring
economic democracy.
Ivor Jennings observed that they are like Devils of Sidney web, paraded in all parts of
const. of India without socialism in reality.
Nani Palki wala, a famous jurist observed that DPSP are like election speeches, which
are generally not kept.
M.C. Chagla, former CJI observed that, if the DPSP are implemented property, heaven
on earth, Sp in India.
Conflict between Fundamental Rights & DPSP:
-In the original const., there was a fine balance between FR & DP. However, with
subsequent Amendments, this balance was disturbed.
1
st
const. Amend, 1951: Dealing with right to property i.e. 9
th
schedule, imposing limit on
right to property to implement DPSP.
In 1956, 7
th
Amendment: imposed some limitations.
In 1967, Golakhnath vs PB state, SC held that, FR are most precious aspects & they are
unAmendable.
If at all these rights are to be amended, there must be a separate C.A.
1950-1967 FR prevailed over DPSR.
In 1973, in KB vs state of KL (case related 24
th
const. Amend, 1971), 24
th
Amend
imposed limitations of judicial review of SC.
Any Amend. made under art 368, is not a law. Even it violates Fundamental Rights, it is
valid.
NOTE: KB challenged 24
th
Amendment, who restricted J. review.
In this case, SC completely reversed Golakhnath Judgment and held that; parliament can
amend any part of Const. including FR, but not the basic structure.
Restricting Judicial review, according to 24
th
const. amend is valid. So, to implement certain
FR, imposing limitation on FR is valid.
Again in 1976 by 42
nd
Amendment, parliament imposed limitations on J. Review.
In 1980, in Minerva mills cases 42nd amend were challenged. SC repeated the judgment of
KB case.
However if any amendment made to Fundamental Rights, in order to implement DPSP under
art 39(b), 39 (c), such amendment is held valid.
NOTE: Only in the case of articles 39 (b), (c) if they conflict Fundamental Rights, these
principles prevail over Fundamental Rights. In the rest Fundamental Rights prevail over
Directive principles.
-As of now, the balance between Fundamental Rights & DPSP had been Established.
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1/22/14 CareerNotifications.com: Indian Polity - Procedure of Constitutional Amendment
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Indian Polity - Procedure of Constitutional
Amendment
Procedure of Constitutional Amendment
PART 20, Art 368, deal with the procedure of const. amendment.
This is borrowed from South Africa.
Amendments include inserting new articles, repealing old/existing, alter the articles.
Amending procedure is inbuilt in the constitution, it is not left to the parliament.
All the articles of const. have been classified into 3 categories & were amended
accordingly.
The procedures are with the following processes:
Simple Majority
Special Majority
Special Majority + Ratification of half of the states.
1. Simple majority: The following articles have been Amended.
Part 1, Art (1-4)
Part 2, Art (5-11)
Contents of 1, 2, 3, 5, 6 schedules.
Parliamentary procedures.
Quorum in the parliament, under art 100 (1/10
th
of parliament).
Article 169 creation / abolition of state upper house
- The above articles are amended by the parliament with simple majority, like ordinary law
amendment. Simple Majority means more than half of the members, present in voting.
- Simple majority is mentioned in art 368. Hence any Amend. Made to these articles are not
deemed to be const. amend. (No number is given)
- These articles amendment will not have any impact on federal structure of const.
- By this method Indian constitution is flexible.
2. Special Majority:
- 2/3
rd
members present & voting, that majority not less than half of total members of the
house.
-The articles amended are:
Part-3, art (12-35)
Part-4, art (36-51)
Other articles / parts, not amended by this procedure.
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-By this method, Indian const. is partly rigid.
3. Special Majority + Ratification by not less than half of the state legislatures.
- The state legislatures have to express their opinion within the time period as decided by
president.
-Articles amended are:
7
th
schedule: division of powers between centre & state i.e. centre state relations.
(Federal)
Electoral College, which elects the president of India.
Extending / expanding the jurisdiction of union & state Govt.
Universal Adult franchise / suffrage amend. (Art 326)
Article 368 itself. - This amending procedure mentioned in Art 368, itself was amended
in 24 & 42 amend. acts.
- By this method, Indian constitution is manageably rigid.
Rules & Regulations of Amending procedure:
Rule 1: Bill may be initiated in any house of parliament.
The bill can be a pvt. Member bill (bill by MP not a minister) or Govt. bill (by
minister).
Rule 2: Prior Presidents permission of const. Amendment bill is not needed.
Rule 3: Both houses of parliament should approve the bill with required majority.
Rule 4: If any one house rejects, the bill gets defeated.
Joint session is not possible because Art 368 has self contained procedure, no
relation to other bills.
Rule 5: Const. Amend. Bills are open to judicial review.
Amendability of the constitution:
Original const. does not prescribe/mention limitations on the amendability of the const.
But SC in 1973, KB case imposed a judicial limitation on the grounds of Basic
structure.
Parliament can amend any part of the const. but not the basic structure. (Basic structure
is not defined).
In 1980, Minerva mill case, SC codified / enumerates certain aspects which come under
basic structure.
They include:
1. Sovereign, Democratic, Republic
2. Socialist, Secular character
3. Parliamentary system
4. Rule of Law
5. Federal system
6. Judicial Review
7. Independent impartial elections
8. Universal Adult Franchise
9. Entire philosophy of preamble
10. Spirit of Fundamental Rights
11. Balance between DPSP and Fundamental Rights
-However, this list is not exhaustive (new things may be added, old may be divided).
Ex: Socialistic nature of the const. has been shadowed due to Globalization.
-In 1994, S.R Bommal case (former KA CM), SC held that secularism is a part of basic
structure.
-The largest amendment was 42
nd
amend., known as mini constitution / Revision of const.
nearly 55 articles were affected.
-However by 44
th
amendment, 1978 things done in 42
nd
were undone by the 44
th
amendment.
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1/22/14 CareerNotifications.com: Indian Polity - Union Government
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Indian Polity - Union Government
Union Government
We have parliamentary system both at central and state level also called Westminster
model.
The union executive shall consist of president, vice president, PM with COM and
attorney general.
President is the head of executive.
President of India
Article - 52 -62 deals with office of President.
Article 52: There shall be office of President of India.
Article 53: All executive powers of union, rests with the President.
Having a nominal & real executive at the same time is the peculiar feature of
parliamentary system.
Election of President:
Articles 54 and 56 deals with presidential election.
He is elected indirectly by Electoral College through the system of proportional
representation, by the means of Single Transferrable vote.
The Electoral College consists of elected MPs and elected members of state legislative
assembly (MLAs).
- However in 1992, by 70
th
const. Amend. The MLAs of UT of Delhi, Pondicherry were
also included in the Electoral College came into force in 1996.
- Totally there are (420) MLAs INDIA, Total elected MPs (776) total voter (4896)
- The value of vote of an MLA = (Total state population) / (no. of elected MLAs) X 1000.
NOTE: The base population will be taken as population of yr. 1971, for any election in
India; not changed till 2026.
- Therefore, total value of votes of MLAs = 5,49,474.
- The value of vote of an MP = total value of MLA votes / Elected MPs = 708
549474 294
- Therefore, total value of votes of MPs = 5,49,408
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- Hence we can conclude that there is parity between centre & state. Thus, president
represents state & union equally. There is a principle of equality among the states.
- The candidate has to secure quota votes, in order to win the elections.
Quota = more than half of votes, polled & valid.
Article 58: Qualification for president of India.
He must be citizen of India.
Completed age of 35 yrs.
No office of profit
However MLAs, MPs, MLCs, ministers, Governors are exempted from office of profit.
He should not have proven criminal charges.
He should not be declared insolvent (Bankrupt)
He should be mentally sound.
Conditions:
1. The nomination of candidate must be proposed by 50 members of Electoral College &
should be seconded by 50 members of Electoral College.
2. The candidate has to make the caution deposit of 15,000/-
To get back deposit, candidate has to secure 1/6
th
of total votes polled & valid.
This 1/6
th
condition is common to all elections.
These conditions are justifiable to discourage non serious candidates.
Salary of president
It is fixed by Parliament, charged on the consolidate Fund of India.
Presently its 1,50,000/-
He is eligible for pension & allowances, facilities including rent free accommodation.
Salary cannot be reduced at any time including during financial emergency.
Terms & Tenure:
Usually for 5 yrs.
Following are grounds on which vacancy occurs
A. 1. Completion of tenure.
2. New president shall be elected just before completion of tenure.
3. If election of president is postponed, same president continue in the office, not
withstanding completion of 5yrs.
B. Resignation: President addresses his resignation to vice president and vice versa.
Similarly speaker Dy. Speaker (Vice versa) Lok Sabha
Similarly Assembly speaker Dy. Speaker (Vise Versa)
State Legislature council chairman Dy. Chairman (vice versa).
In 1969, Zakir Husain died during his office. However in 1971, Parliament made a law &
described that, in case of simultaneous vacancies in the office of president, vice president,
CJI in his absence, senior most judge of Supreme Court will act as president of India.
If vice president acts a president, he must address resignation of CJI.
So far no president resigned.
Impeachment of President:
Its a quasi- Judicial procedure.
Art 58, 61 deal with impeachment. President is removed only during violation of const.
But the term violation is not defined.
This procedure is borrowed from America, but they defined the causes of removal.
Motion can be initiated in any house of parliament. For that a notice of 14 days in
advance, should be given to the initiating house, signed by 1/4
th
of total members of that
house. (initiated by assistant M.P)
After that, that house has to approve the motion with 2/3
rd
of total members of house.
Then the motion is transmitted to other house. The other house enquires the allegations
against the president by appointing a committee.
Before enquiry can plead his case directly or through attorney. After that, the house
approves the motion with same majority, the president stands removed.
In case of conflict, the motion gets defeated. So far impeachment motion has been
imposed.
Death is also the ground for removal.
Invalidation of election SC invalidates election of president, except on 1
st
ground new
president shall get elected with as early as possible, as but not later than 6 months.
Meanwhile vice president acts as president.
Powers & Functions of president are classified as:
Executive Powers.
Legislative Powers.
Financial Powers.
Judicial Powers.
Military Powers.
Diplomatic Powers.
Emergency Powers. - Part-18
However, this classification is extra constitutional
1. Executive Powers :
Art 53, says all executive authority of the Union shall be vested with the president
Appointment is the most important executive power.
P.M, COM on the advice of P.M.
Government, CJI, other judges of SC, HC, CJ of HC.
All E.C, F.C, UPSC, SC, HC, Govt., diplomats, chief of Naval, army, air force etc., all
by the advice of C.O.M, headed by P.M.
2. Legislative Powers :
Under Art-79, President is a part of parliament but not a member parliament.
President is a part of parliament as all the legislative------------------------
He summons the parliament; address the parliament 2 times in a joint session of the
parliament.
1. Every 1
st
meeting of every year.
2. 1
st
meeting of newly elected Lok sabha (L.S)
He dissolves L.S on the advice of P.M.
He prorogues the parliament.
He nominates 14 members to parliament.
He promulgates ordinances. (Temporary law) under Art-123. When parliament is not in
session.
Such ordinance must be approved by parliament, within 6 weeks (45 days), from the
reassembly of parliament.
If approved, the ordinance becomes a law. If not approved/rejected, ordinance ceases to
have impact.
Hence it is most important legislative power of president.
Similarly governor also promulgates ordinances under Art-213 through same procedure.
It is co-executive power. [Ordinance making] with legislative powers of parliament.
It is not a discretionary power (depends on advice of parliament).
A bill becomes an act after receiving the assent of president of India.
Presidents prior permission is needed to introduce certain bills in the parliament.
Ex: Art-3: formation of new state, introducing bill in L.S.
Taking money from consolidated fund of India.
The bills which contains taxes in which state government is involved.
President causes the reports of UPSC, Finance commission, SC, ST commission to be
laid before the parliament report of C.A.G.
3. Financial Powers:
They are procedural in nature i.e., no tax can be imposed or no money bill shall be
presents in L.S, no money is taken from consolidated fund without presidents prior
permission.
4. Judicial Powers:
Art-72 deals with Judicial Powers of president. He exercises certain judicial powers to
ensure an element of Humanitarian aspect to correct the possible judicial errors.
Pardon: Can pardon any sentence including death totally relieved.
Remit (Remission) (Reduce): Reducing the length of the sentence with changing nature of
sentence.
Commute: Change the nature of sentence, without changing the length.
Reprieve: (postpone) Staying the execution of sentence.
Respite: (relief) some relief is given because of his/her special cord.
NOTE: These powers are also non-discretionary.
SC can interfere in the pardoning power of president if there is gross violation of
procedure, political interest & vested interest.
Currently, convicts in Rajiv Gandhi by subsequent denial of pardon & execution of death
have become controversial.
Governor also exercises pardoning powers under the article 161, but not pardoning of
death sentence.
Moreover his actions are confined to the law related to state only.
5. Military Powers: According to Art.53, president is the supreme commander of armed
forces.
He can declare war and conclude peace.
6. Diplomatic Powers:
President appoints diplomats, ambassadors, high commissioners to various countries.
Other diplomats appointed by countries will present their credentials to the president.
VICE PRESIDENT: Article (63 69)
This office was borrowed from American constitution.
He is also elected just like president of India, same procedure. He is elected by an
electoral college consisting of only MPs only. (including nominated)
Moreover, the vote value of all Electoral College members is equal to one.
Total of 545+245=790 (majority) [No vote value]
In the original const. parliament used to elect V.P in a joint session. But in 1961. By 11
th
const. Amend, it was dispensed with separate elections.
Qualifications: Same as president of India, but there is difference in conditions.
Nomination of a candidate must be proposed by 20 members and should be seconded
by another 20.
Deposit is Rs. 15,000/-.
Tenure: Same as president for 5 years. (Vacancies occur same as that of president).
Removal procedure of V.P:
Const. of India does not mention any reason for removal.
Ground is deemed to be violation of const.
The motion relating to removal of V.P should be initiated in Rajya Sabha. For that a
notice of 14 days in advance signed by 1/4
th
of total members of house.
NOTE: 1/4
th
of approval is common except for judges of S.C & H.C.
Later R.S has to approve the motion by any simple majority.
Again after this L.S approves the motion with same majority, V.P stands removed.
NOTE: This procedure is simple removal proud but not impeachment.
Both the houses must approve the motion separately else, the motion is defeated.
o No house prevails over other.
If vacancy occurs in V.P office except on the 1
st
ground, new V.P shall be elected with as
early as possible.
o No acting V.P in case of death of V.P during tenure the office of V.P is kept
vacant.
Salary: Salary of V.P is determined by the parliament charged on consolidated fund &
cannot be reduced at any time.
But V.P receives salary as chairman of R.S. Salary is Rs. 1,25,000/- apart from
allowers, pensions.
Powers & Functions of V.P:
He is the ex-office chairman of R.S by virtue. He presides over R.S and conducts
business of R.S like speaker of L.S.
V.P will act as president of India, in case of unexpected vacancies. (For maximum of 6
months only).
V.P also performs or discharges functions of president when the president is unable to
discharge his functions due to ill health/ otherwise, being abroad.
There is no upper limit for discharging: No time limit.
During such period, he enjoys all the powers of president, allowances, facilities, powers,
functions, salary.
During such time, V.P should not preside over R.S.
PM with Council of Ministers. (C.O.M)
Art-74: There shall be C.O.M headed by P.M to aid and advice the president.
-President shall act in accordance with the advice of C.O.M.
In the original const. no specific provision is present which binds president of India.
However in 1976 by 42
nd
Amend, Art 74 was amended with the word shall was
inserted.
In 1978, by 44
th
Amend, another sentence was added i.e., president may send back for
reconsiderable of C.O.M, but COM are not bound to accept. If sent again, president
should give his assent. Even if he does not give, it is deemed to be given.
Art-75: President appoints P.M on the advice of P.M other COMs are appointed.
COMs are individually accountable to president and they hold office, during the pleasure
of president.
COMs are collectively responsible to L.S.
Absolute majority is more than half of 545 = 273.
If no party secures absolute majority, president can invite leader of such a party, need not be
single large part which can form strong and stable government in president opinion.
President exercises his discretion in this case.
Ex: Jagjivanram vs Charan singh.
Making or unmaking of COMs is the prerogative of P.M.(But constitutionally president)
Entire government will be in power as long as it enjoys the confidence of L.S.
The moment it loses its confidence, government is dissolved.
Size & Shape of COMs:
Nothing is mentioned in const. regarding S&S of COMs.
However, in 2003, 91
st
const. Amend the size of COMs is determined i.e., it shall not
exceed 15% of total members of L.S and no lower limit at L.S.
Same 15% of lower house at state level. At state level minimum no. of ministers should be
12.
Constitutionally, all COMs are equal in their status & ranks no division is made.
However for admin. Conveniences, COM are classified as today as 3 categories on
recommendations. Gopal swamy iyengar committee 1949. {This is extra constitutional}
Ministers of cabinet rank.
Minister of state rank. (with/without independence charge).
Deputy Ministers.
Cabinet Ministers: They are independent ministers, who are head of their particular
department.
All important portfolios are given the cabinet rank.
P.M presides over the cabinet meeting.
Usually a meeting is held for a week regularly.
Hence, parliamentary system is called Cabinet form.
Minister of state (II class) {with/without independence charge}
Ex: Purandeswari to Kapil Sibel
Dy. Ministers are assistant to Mostate. (They are now not in practice)
Art-77: President makes rules and reg. for convenient txn of business among different
ministers.
Art-78: It shall be the const. duty of P.M to convey, committee, furnish all decisions,
developments of country to president.
PM is a mediators or bridge between COM and president.
President ensures collective responsibility.
NOTE: 74 84 163
75 89 164
77 89 166
78 89 167
163, 164, 166, 167 at state level is similar to 74, 75, 77, 78 at central level respectively.

Under Art: 165 government of states (MP, CH, OR, JH) has to ensure that there must
be special ministry for welfare of states.
However, BH was deleted after (JH) formation.
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1/22/14 CareerNotifications.com: Indian Polity - Legislative System : Union Legislature
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Indian Polity - Legislative System : Union
Legislature
Legislative System - Union Legislature
In India we have Bicameral legislature at Union level Bicameralism is optional at state
level. Bicameralism is optional at state level.
Bicameralism was introduced at central level during 1919, Montagu Chelmsford Act.
State level Bicameralism in 1935 GOI act.
Legislature at central level is known as Parliament.
Art-79 defines parliament as president + LS + RS.
The lower house is called House of People.
The Upper house is called Council of States.
Art-80 deals with structure and composition of R.S maximum strength of R.S is 250,
currently = 245.
Of 250,238 are elected indirectly, through the system of proportional representation
indirectly by elected members of state Leg. Ass. (MLAs)
Remaining 12 are nominated by president in fields of Art, lit, science, social service.
Presently 233 are elected, 12-nominated.
Election:
Members of RS are elected on basis of state.
Tenure of RS is parliament.(No dissolution)
Members are elected for a term of 6 years. For every 2 years 1/3
rd
members retire.
Note: Same procedure is also followed in election of state leg. Council.
Ex: From A.P 18 members are elected to RS same 18 members from Tamil Nadu, UP 31
members, Maharashtra= 19 members. Lower house AP members is equal WB.
Loksabha: {Art-81} Deals with structure of LS
Maximum L.S strength: 552
States elected: 530
U.T elected: 20
Anglo Indian Nominated: 2 (by president if their comm. Do not have proper
representation)
- As of now, it is 545 members. Elected are 543 members.
Note: Original strength of L.S was 525 (1
st
L.S). But eventually increase to 552 in 1973
(31
st
Amend.)
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In 1976, 42
nd
Amend; strength of L.S was stabilized till 2000 years.
By 84
th
Amend, in NDA Govt., it was extending till 2026. The base population was 1971
census. (Population had uniform growth)
Election:
Elected directly
They are elected on the basis of territorial representation.
They are elected on the majority vote (=1 majority)
This is technically known as First past the post means Let the winner get all votes.
Note: Some procedure for MLA elections, no. of L.S seats depends on population.
L.S constituencies are delimited according to population. So far 4 times delimitation
committees were appointed.
Latest delimitation comm. was appointed under chairman of Justice Kurdeep Singh.
Accordingly 15 LS seats were delimited. Same also happened in case of MLAs.
Note: For SC, ST Reservation 2001 population was taken as base. So no. of SC, ST seats
have increased.
The reservation for SC, ST in L.S and MLAs has been extended till 2020.
So far reservation has been extended 10 times.
Qualification:
Loksabha 25yrs, RajyaSabha - 30yrs. (attained)
-4 pairs of states have same no. of L.S seats.
Tenure:
L.S tenure is 5yrs, but may be dissolved before.
President dissolves L.S on the advice of PM.
However president may/may not dissolve on PMs advice.
Normal tenure of L.S can be extended beyond 5yrs, 1yr at a time, during times of
National Emergency.
Parliament extends the normal L.S tenure with simple resolution. No L.S has been
extended due to emergency.
However 5
th
L.S extended by 1yr but 42
nd
Amend, 1976, normally 6 yrs.
However by 44
th
Amend, 1978, normal tenure of L.S of 5 yrs has been reverted.
5
th
L.S is longest L.S.
Similar procedure can be applied to state assembly. This extension is also done by
parliament.
Note: For qualification of R.S, there was condition that he must be an ordinary resident of
the state from which he is contesting. This has been removed since 2003.
Members of R.S are elected in an open ballot system. If necessary, to prevent cross
voting/horse trading.
Candidate contesting for MP has to make deposit of Rs/-25,000. (General), SC, ST
(12,500).
Salary:
Salary of MPs is determined by parliament itself under Art.106.
The salary of MP is not mentioned in 2
nd
schedule.
Basic Honorarium = 50,000.
Constituency Allowance = 45,000.
Misc. Expenses = 45,000
Daily Allowance = 2000/day.
1, 45,000
Rent free accommodation, electricity, gas, and internet.
Disqualifications:
Art-102, in case of MP parliament, Art-191 in case of MLAs, MLCs deals with
disqualification.
1. If any member acquire foreign citizenship.
2. If any member misuses his office.
3. Proven criminal charges.
4. Election malpractices.
5. Non submission of election accounts in stipulated time.
6. If he is convicted under untouchability, dowry prohibition.
7. Under Anti-defection act.
-Governor disqualifies MLAs, MLCs, by consulting EC of India, but except on 1 group by
Anti-defection, Presiding Officer disqualifies, on the complaint of party president.
Vacating Procedure of Seats:
Resignation, addressed to presiding officer, with their own handwriting.
Seat is said to be vacant if a member is continuously absent for 60 days to the
proceeding of the house without prior permission of president officer.
Having deal membership in both the houses
a) Member of one house subsequently elected to other house, he has to give his intent
within 14days else the membership of former house is deemed to be vacant.
b) If a candidate is elected to both the houses at a time, he has to opt his intent within 41
days. In such cases membership of R.S is vacant.
c) If he is elected from 2 constituencies simultaneous he has to exercise his option within
10 days else both are assumed to be vacant.
As a rule, no candidate is allowed to contest in more than 2.
d) If he is elected for parliament and assembly, he has to resign to assembly else the
membership of parliament is deemed to be vacant.
If a member is expelled from the house.
If an MP or MLA is elected as President or as Governor, seat is deemed to be vacant.
By election should be conducted within 6 months from the date of vacancy.
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1/22/14 CareerNotifications.com: Indian Polity - Parliamentary Procedures
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Indian Polity - Parliamentary Procedures
Parliamentary Procedures
i) Session: Session is a time span or period between commencements of the business of the
parliament until its concluded.
Parliament should have min. 2 sessions in 1 yr. but that gap between session & other is 6
months and should not be exceeded.
No sealing of the maximum Session.
Now as a convention, there are 3 sessions.
On an average 3 sessions combined have 90 95 days.
-1
st
Session: (Budget Session), in month of Feb April, extending up to May.
-2
nd
Session: (Monsoon Session) in July August
-3
rd
Session: (Winter Session) in Nov Dec.
However a special session may be convened accordingly.
Sessions are divided into seatings (sittings)
Sitting is separated by adjournment.
ii) Adjournment:
It is the means of postponing the business of the house for a specific time.
Presiding officer adjourn the houses.
iii) Adjournment Sine-die: If the business of the house is postponed indefinitely without time
& date, it is called Adjournment Sine-die.
-Presiding officer adjourn Adjournment Sine-die.
iv) Prorogue: Termination of the Session or putting an end to the session. Prorogue is a long
Adjournment.
President of India prorogue the houses.
Governor prorogues the state legislature. When the house is prorogued, no impact is felt
on the pending bills.
But, notices, pending in the house will be lapsed.
v) Quorum:
Minimum no. of members to be present in each house in order to transact the business.
In India, Quorum is 1/10
th
of the total members of the house, including the presiding
officers.
But at state level min. no. of members to be present is 10 or 1/0
th
whichever is high.
vi) Question Hour: Question Hour is a legislative device/process of asking & answering the
question.
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No question can be asked without prior notice. The question hour is held every 1
st
hour
of each day.
Every day the business of parliament commences with a question hours usually for 1 hr.
There are 3 types of question hours.
1. Started Questions: for these, the ministers concern will be given in oral reply. There is
possibility of asking or 2 supplement question.
2. Unstarted Question: for these, the ministers concerned will give written form.
3. Short notice duration question: the minister concern has to give reply within 10 days only.
vii) Zero hour:
This hour commences after completion of question hour. There is no specific timing for
zero hour.
The questions can be asked without prior notice but the members cant insist for
answers.
The word 0 hour is not mentioned in the parliamentary rules & procedures.
This procedure is indigenous (Indian) procedure, term coined by the press.
a) Calling Attention motion: It is also an indigenous procedure. This motion can be initiated in
either house. For that, a notice signed by 2 members must be presented to presiding officer.
(Admitting/ not admitting any motion is discretionary power of presiding officer).
The purpose of calling attention motion is to attract the attention of the minister
concerned on a very important public problem, urgent in nature; in order to get authentic
information.
This motion does not involve debate & voting. Simply minister makes a statement.
b) Adjournment motion:
This is very powerful motion, an exclusive motion of lower houses (LS and Assembly).
For moving this motion, a notice signed by 50 members shall be given to speaker.
The speaker admits the motion and all the business pending before the house hereby is
adjourned.
The purpose of this motion is to attract the attention of the house in a very important
public problem, urgent in nature.
There will be discussion & voting on this motion.
If the motion is approved, Govt. need not resign, but Govt. is put to severe criticism,
reprimand.
c) No confidence motion:
It is an ultimate motion. If this motion is approved by majority, Govt. has to resign.
This motion has to be introduced in lower house. For that, a notice signed by 50
members, shall be presented to speaker.
If admitted there will be discussion & voting. To introduce this motion, no specific
reason is to be mentioned or included.
As a convention, not more than 2 no. confidence motions are allowed in the span of 6
months.
d) Motion of confidence:
This motion is also introduced in lower house. This motion is initiated by the executive.
The PM or CM asks the house to express the confidence in his/her Govt.
This motion is put to vote, usually no discussion. If the majority members express
confidence, Govt. survives else the Govt. resigns.
e) Censure motion:
This motion can be initiated in either house. It can be introduced against minister or some
ministers or either COMs.
The purpose of this motion is to serve a warning to the ministers, who are not
discharging their duties properly or having certain allegations in their ministry.
In rare cases discussion & voting is allowed.
f) Point of order: A kind of objection mentioned in the house.
The purpose of this point of order is to verify whether the house is transacting its
business properly or not.
Speaker ruling is final.
g) Mention under rule 377:
A matter which cannot be mentioned in any procedure so far explained (above), can be
mentioned under this rule.
Generally the difficulties faced by MPs, while they are interacting with Govt. authorities
are mentioned under this category.
This mention is known as special mention in RS.
h) Lame duck session:
It is the last meeting of members who are not elected in the eventual elections, will have
joint meeting with the elected members.
This procedure does not exist in India.
i) Floor crossing:
Member of an opposition party joining a party which is in power.
j) Carpet crossing: Member of a party in power joining the opposition party.
k) Horse trading: Jumping from 1 party to other generally known as deflection.
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1/22/14 CareerNotifications.com: Indian Polity - Types of Bills and Law Making Procedure
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Indian Polity - Types of Bills and Law
Making Procedure

Types of Bills and Law Making Procedure
Bill: It is a drafted legislative proposal. This is the 1
st
stage of an act.
There are 4 types of bills. They are:
Financial Bill under (Art 117)
Money bill under (Art 110)
Ordinary bill under (Art 107 & 108)
Const. Amend. Bill under (Art 368)
i) Financial Bill:
A bill is financial bill, if it contains provision for revenue/exp. of the Govt.
Ex: Govt. is imposing a new tax.
Financial bills are usually introduced in L.S. some finance bills may be introduced in R.S
also.
On the bills introduced by R.S. L.S, R.S enjoys equal power.
ii) Money Bill:
A bill is said to be money bill, if it contains some or all provisions of article-110 and also
should be certified by the speaker of L.S as money bill.
Speaker certification is final, which cant be questioned.
The provisions of Art-110 are - Imposition, abolition, regulation, alteration of tax,
regulation of borrowing of money, custody of consolidated, contingency fund & payment
of money or withdrawal of money from such funds; appropriation of money out of
consolidation fund of India; or any other incidental expenditure.
Hence all money bills are financial bills but not vice versa. (Financial bills certified by
speaker are money bills)
Money bills are introduced only in L.S and it has exclusive powers on money & it is a
final authority.
Prior permission of president is needed.
R.S can discuss on money & propose amendments, but all above should be done by
R.S within 14 days.
After 14 days bill is deemed to be approved.
iii) Ordinary Bill: Bill other than money / financial bill.
Procedure of ordinary Bill:
Ordinary bill may be initiated in any house. It can be initiated by a pvt. Member / Govt.
Ordinary bill undergoes 3 stages in each house, in order to become a law (act). The
stages are:
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-1
st
stage is called 1
st
reading. In this, the minister concerned introduces the bill &
announces its purpose.
-2
nd
stage is called 2
nd
reading. It is most crucial stage. In this stage, bill undergoes a
thorough discussion. Even amend. are also proposed. If necessary the bill may be referred to
select committee (only from L.S) or joint select committee (L.S & R.S).
-3
rd
stage is called 3
rd
reading, the bill is put to vote & no further discussion takes place
except to vote or not to vote.
-It needs simple majority.
-The bill undergoes same stages even in other house after which the president gives assent to
become an act.
Deadlock between 2 houses:
The conflict between 2 houses can be resolved by resorting to the joint session of both
the houses.
President convinces the joint session under Art 108. That joint session is presided by
speaker of L.S.
If speaker (absent) Dy. Speaker (absent) Dy. Chairman RS (absent) speaker
of the day elected.
Usually LS prevails. So far 3 bills have been approved in joint session of parliament.
They are:
1. 1961: Eradication of Dowry. (L.S prevailed).
2. 1978: Banking service regulation. (L.S prevailed).
3. 2002: POTA bill (L.S prevailed) Dy. Speaker (PM Sayud) presided over the
joint session.
Note: Comparative study of state legislature:
Ordinary bill may be introduced in L. Assembly or L. council.
If the bill is introduced in L.Assembly (L.H) and approved; it is transmitted to (U.H)
L.council.
The U.H has to say its opinion within 3 months. If after 3 months, if U.H says no, the bill
has 2
nd
journey to L.H.
L.H again approves the bill & it passed to U.H. in this stage UH has to say its opinion in
1 month.
If after 1 month if UH says no/no acceptance i.e. 4 months irrespective of UH opinion
bill is deemed to be passed.
-If bill is introduced in UH, transmitted to LH & if LH says no, the fate of the bill is not
mentioned in the const.
The bill is deemed to be defeated.
-At state level, L.H (L.Ass) prevails in all occasions. Hence, state UH is only a dilatory
body.
a) Dilatory (which delays the passage of bill)
b) Revising (which revises the bill)
c) Both
-R.S is both dilatory are revising body.
Hence, state UH is called vestigial organs.
Veto Powers of President:
Veto: Power to say NO president can exercise the following options on an ordinary bill.
Declare his assent.
Withhold his assent.
Send it back for reconsideration.
Maintain silence.
There are 4 types of veto powers in Govt. system.
1. Absolute Veto: If the head of the country / president rejects the bill, the bill never becomes
the act. Bill is dead.
This veto power has been outdated. However president of India can use absolute veto
on the following bills.
a) State bill, reserved by Governor for consideration of prez (president) under Art
200.
b) A Pvt. Member bill, opposed by the Govt. but approved by the parliament. On such
bill, COMs may advice the prez, to use absolute veto.
c) A bill which is considered by cabinet & sent to prez before prez giving his assent
COM dissolved, a new Govt. is formed. That new COM advice prez no to accept the bill,
then absolute veto is exercised.
2. Qualified veto: If a bill which was rejected by prez for th e1st time & the same bill is
reapproved by parliament with 2/3
rd
majority, prez veto will be qualified.
-India does not have qualified veto.
3. Suspensive veto: If a bill which was rejected by prez for the 1
st
time & same is
reapproved by parliament with simple majority, prez veto is suspensive.
4. Pocket veto: When a bill is sent to prez assent, prez maintains silence without expressing
specific opinion indefinitely. This is pocket veto prez of India enjoys.
-Prez of India enjoys the combination of absolute, suspension, pocket veto.
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1/22/14 CareerNotifications.com: Indian Polity - Presiding Officer / Offices of Parliament
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Indian Polity - Presiding Officer / Offices
of Parliament
Presiding Officer / Offices of Parliament
-In L.S speaker / Dy. Speaker are presiding officers. In R.S Chairman / Dy. Chairman are
presiding officers.
-At state level Assembly has Speaker / Dy. Speaker. At Upper house State Chairman / Dy.
Chairman.
Panel Speaker / Chairman:
In case of absence of Speaker / Dy. Speaker, there are 3-4 persons as panel speakers,
appointed by speaker, in order to conduct the business of the house.
Similarly for the panel chairman.
Protem Speaker: (for a time being)
He is appointed by prez from newly elected members of L.S usually senior most (no. of
times elected) is appointed. He is appointed to administer the oath of the newly elected
members.
He continues until new speaker is elected.
Speaker & Dy. Speaker of L.S:
Art 93 deals with office of Speaker / Dy. Speaker in L.S. in Art 178 deals with
office of Speaker / Dy. Speaker @ State Assembly.
Office of Speaker was created at centre in 1919, during which he was called as
President.
In 1935, name has been changed to Speaker.
Election:
Speaker, Dy. Speaker is elected by members of L.S for the term of 5 yrs constitution.
As convection developed, office of Dy. Speaker is given to opposition party. (Largest)
Same convection is not practiced in state level.
Speaker / Dy. Speaker should be members of L.S at the time of their election.
Removal:
Speaker / Dy. Speaker are removed by LS with majority votes.
For that a notice must be served to house, 14 days in advance.
During this motion persists against Speaker, he shouldnt preside over L.S Dy. Speaker
prevails.
Speaker exercises his casting vote, in case of tie. But when removal process is pending
against him, he shall not exercise casting vote, but votes as ordinary member initially.
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No Speaker / Dy. Speaker have been removed.
Salary:
Salaries of Speaker, Dy. Speaker is determined by Parliament, charged on consolidated
fund, and mentioned in schedule.
Current salary 1, 25, 000/- (Speaker); 90, 000/- (Dy. Speaker)
Resignation:
Submitted mutually (Dy. Speaker Speaker)
Powers:
Presides & conducts business of the house.
Speaker decides if a bill is money bill /financial bill.
He presides over joint session of parliament. (In case of conflict between 2 houses).
He is the Chairman / Prez of All India Speakers Association.
He is ex-officio Chairman of Parliament committee like
Rules committee
Business Advisory committee
General Purpose committee
Though L.S is dissolved, Speaker continues until the new L.S is constituted.
All presiding officers exercise casting vote. Once he is elected as Speaker of L.S, he is
deemed to be independent of any political party.
Speaker / Dy. Speaker do not attract anti-defection laws though they defects from one
political party to other.
Speaker is the monarch in L.S his decisions /rulings shall not be questioned anymore
including S.C.
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1/22/14 CareerNotifications.com: Indian Polity - Parliamentary Committees
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Indian Polity - Parliamentary Committees
Parliamentary Committees
This committee system has been borrowed from U.K but most effective committee
system is in USA.
Parliamentary committees are certain members drawn from the parliament; to exercise
continues control over public admin. When the parliament is not in session.
Constitution does not mention any specific provision regarding parliamentary committee.
However Art 88, Art 105, mention parliamentary committee situationally.
Parliamentary committees are only situationally mentioned, in const., but nothing is
mentioned about structure, function, composition.
Hence, their structure & functions are determined by the law made by the parliament.
There are 2 types of Parliamentary committee. Ad-hoc committee, standing committee.
i) Ad-hoc committee: A committee constituted for a specific purpose & they cease to exist,
when they finish the task assigned to them.
ii) Standing committee: They are a kind of permanent committee which continues to exist with
change in the members. Standing committee is of 2 types. Ordinary committees, financial
committees.
These 2 committees may be house / joint committees.
Features of parliamentary committees: (Financial committee)
The members in these committees are elected by the houses according to proportional
representation. (Basic of partys strength).
They are elected for a team of 1 yr only; but generally continue for 2 yrs.
Ministers should not be members of financial comm.
Chairman of these comm. are appointed by L.S Speaker.
Quorum of this comm. is 1/3.
There are 3 financial comm. they are:
a) Public accounts committees (PAC)
b) Estimates committees
c) Committee on public undertakings
a) PAC:
Most power financial comm... & oldest Parliament comm. Of Parliament Est. in 1921. It
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was a house committee in beginning but joint committee now.
PAC consists of 22 members (15 LS, 7 RS)
A convection which is followed from 1967 onwards is the chairman of this committee is
taken from opposition party.
Functions of PAC:
The committee examines verifies how the money shown in the accounts has been
disbursed & verifies the expenditure if it confirms to the authority, which governs it.
It also examines the reports given by CAG.
b) Estimates comm..:
Est. in 1950, on the recomm. Of John mathai the then (F.M)
It is an exclusive committee of Lok Sabha having 30members.
Chairman of this committee is appointed by speaker.
Function:
It verifies the economics, improvement, efficiency in the organization & checks whether
particular estimate is consistent with policy underlined estimates.
It suggests alternative policies in order to bring about economy in the admin. & also
efficiency.
It also suggests the form in which estimates shall be presented to the parliament.
PAC, Estimates committees are called Twin Sisters comm.. Moreover, Estimates
comm. is called Continuous Economics comm...
c) Committee on public undertakings:
Est. in 1964, with the recomm. Of Krishna menon comm.. It is a joint committee. (15
LS, 7RS).
Functions:
This comm.. Examines the reports & accounts of public undertakings of GOI.
It also examines the extent of autonomy, efficiency in the public undertakings.
Ordinary committees:
They are generally house, but some are joint. The joint ordinary committees are:
1. Committee of SC, ST: Total 30 members (20 LS, 10 RS)
All ordinary committees have members nominated by the presiding officers.
The chairperson of joint is appointed by speaker. The chairperson of ordinary house
comm. is appointed by presiding officer.
All the junctions of the SC, ST people are undertaken by this.
2. Committee on women empowerment:
Est. in 1997, consisting 30 members (20 LS, 10 RS).
It examines the reports given by National committee on women.
3. Committee on the office of profit:
Est. 1992 consisting of 15 members (10 LS, 5 RS)
House specific:
1. Business Advisory comm.:
Both for L.S, R.S separately
15 in LS and 11 members in RS.
2. Committee on petitions:
LS 15 members, RS 10 members.
This committee is known as ombudsman committee [ombudsman (vigilance)]
3. Committee on privileges of members:
LS 15, RS 10
This has certain quasi judicial functions.
4. Committee on Govt. assurances: LS 15, RS 10.
5. Committee on pvt. Member bill: Exclusive of LS having 15 members, Dy. Speaker is
chairman.
6. Ethics committee:
Constituted in RS 1997, LS 2000.
Membership varies from time to time.
7. Dept. standing committees:
In 1993, 17 dept. committees have been constitutes the no. has been increased to 24 in
2004.
Every comm.. has 31 members (20 LS, 11RS)
These committees deal all dept. separately for any dept.
LOK SABHA RAJYA SABHA
Peoples house elected directly & dissolved
V 5 yrs.
Rajya Sabha is a permanent house,
representing states, which cannot be
dissolved.
Lok Sabha has exclusive powers on money
bill; no confidence motion, motion of
confidence and adjournment motion.
For removal of V.P, the motion shall be
initiated only in RS.
Lok Sabha can approve a resolution with
simple majority for revoking national
emergency.
By Art 249, R.S can initiate a resolution
for transferring of subject matters in state
list to central list.
It is speaker of L.S who presides over the
joint session of parliament, in case of
deadlock between both the houses.
According to Art 312, if RS approves
resolution with special majority for creation
of 1 or more all India services.
Budget is presented only in LS and LS
verdict is final as budget is money bill.
RS approves National emergency in case
LS stands dissolved, during such time.
All important policy matters are generally
announced in L.S, since PM usually hails
from LS.
RS provides continuity to the legislation,
because of its permanent feature.
LS have more political significance because
Govt. is finally accountable to LS only.
Moreover, RS is an elders house & is said
to be an embodiment of rich experience and
expertise.
Arithmetically LS is powerful.
Except the above relative differences, in all aspects LS and Rs are equal.
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1/22/14 CareerNotifications.com: Indian Polity - State Legislature
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Indian Polity - State Legislature
State Legislature
Part VI, Article (152 237) deal with state legislature executive, judiciary.
This is the 2
nd
largest part of const. with 86 articles.
Article (168 212) deal with state legislature.
Bicameralism at state level is optional (having/ not having upper house (UH) is discretion
of state lower house).
Article 168 composition of state legislature
State legislature shall consist of Governor + L.H. + U.H. L.H = Leg. Assembly, U.H =
Leg. Council.
Article 169 procedure of creation / abolition of state U.H.
If the state L.H approves the resolution with special majority and that resolution is
ratified by parliament on this basis prez issues order for creation / abolition of U.H.
The following states have UH:
1. J & K
2. UP
3. BH
4. MH
5. KA
6. AP
However PB, WB, TN had U.H, but were abolished eventually.
UH in TN was abolished in 1996, resolution was sent in 2011 again, but was abolished
in 2011.
1
st
time U.H in AP was Est. in 1957, came in 1958. It was abolished in 1985. But when
Raj.S.Reddy, a resolution was approved for creation came into force in 2007.
Composition of state lower house (Assembly), they will be min. of 60 MLAs, max. of
500 MLAs.
However the following states have < 60 MLAs.
Sikhism 32
Goa - 40
MZ - 40
UP has max. - 403 MLAs
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AP has Max. - 294 (= WB)
MH - 288
BH - 243
TN 234
All NE have equal no. of MLAs except MZ.
MLAs are elected like that of LS.
Tenure: 5 yrs, but can be dissolved by the Governor on the advice of CM.
Note: Even Prez. Can dissolve State Ass. Under Art 356.
The normal tenure can be extended during National emergency up to 1 yr at a time. The
parliament extents.
State Upper House: (Council)
Min. 40, Max. Do not exceed 1/3
rd
of total members of L.H.
In AP there are 90 MLCs.
Composition:
Of the total Indirect:
1. 1/3
rd
MLC are elected by MLAs.
2. Another 1/3
rd
MLCs are elected by local bodies.
Direct:
3. Another 1/12 MLCs are elected by Govt. teachers. (Govt. teachers in AP = 2
nd
Grade &
above)
4. Another 1/12 MLCs are by graduates of 3 yrs standing.
5. Remaining 1/6
th
are nominated by governor for the field of Art, Lit., social service, science,
cooperative sector.
Leg. Council is a permanent house, unless it is abolished.
Members are elected for the term of 6 yrs; but for every 2 yrs 1/3
rd
members retire.
Note: system of proportional representation & tenure of the members is common between
central & RS.
Qualification:
For MLAs attained 25 yrs like LS
For MLCs attained 30yrs like RS.
Salary of MLCs is fixed by legislature itself. In AP, its 90, 000/- for MLAs, MLCs.
Article 191 deals with disqualification of MLAs, MLCs.
On the recommendation of EC of India except on the grand of anti-defection.
Governor: Part 6 Art (152 167)
Article (152 167) deal with state executive, consisting of Governor, CM, COM and
Advocate general.
Governor is the head of state executive. (Office of governor was created with
independent entity in 1858, but gained significance in 1935)
However the concept of appointed Governor has been taken from Canada.
Appointed governor due to parliamentary system where there is elected CM of state.
Moreover in federal system, central Govt. can regulate/control the state through a const.
office which is governor.
Art- 153: There shall be a governor V state.
However a common governor may be appointed for 2 /more states.
This provision was included in the const. in 1956 by 7
th
const. Amendment.
Appointment:
President appoints Governor for the term of 5 yrs. Under Art 155.
But Governor holds the office during the pleasure of president.
Removal:
President removes the governor with / without a ground.
Pleasure means, without a ground / procedure. Prez removes Governor.
It does not involve any procedure.
Governor has no security of tenure.
The incumbent (same) governor continues in the office not withstanding completion of
tenure until the successor comes.
Qualifications: Art 157 deals with qualifications.
Completed 35 yrs of age. (Others same as prez).
Conditions: according to Art 153, candidate to be appointed as governor should not be MP,
MLA.
In case they are appointed, seat in legislature is deemed to be vacant.
Convections:
Sarkaria comm.. (Comm. On centre state relation) recomm. The following convections
to be observed while appointing governor:
a) Should not be appointed for home state.
b) The person should be an expert in any field.
c) He should not be active in politics before 2 yrs of his appointment.
d) CM has to be consulted while appointed the governor.
Only A is followed, not others.
Salary: the salary of the governor of the state is determined by the parliament, charged on
consolidated fund of the state not diminished at any time; except during (Financial
emergency) by the parliament.
Governor receives a monthly salary of 1, 10, 000/- & eligible for other allowances @
Raj Bhawan.
Salary of Governor is mentioned in II schedule.
Note: salaries of MPs are not mentioned in II schedule.
No pensions for Governor.
Powers & functions of Governor:
i) Executive powers:
According to Art 154, all executive authority of the state is carried in the name of
Governor.
Govt. appoints all important persons in the state like CM, COMs, Advocate general,
chairman & members of SPSC, state EC, FC, vice chancellors of state university.
ii) Legislature functions:
Acc. To Art 168 Govt. is a part of state legislature but not a member.
He summons the state legislature.
Address the state legislature.
Prorogue, dissolves state Assembly.
Nominates 1 Anglo Indian to Assembly, 1/6
th
nomination to council.
Bill becomes acts after governors accent.
Promulgate ordnance under 213.
iii) Financial powers: same as prez.
iv) Judicial power: Art 161 same as prez.
Governor does not enjoy diplomatic / military powers.
Role of Governor discretionary powers:
Art - 163:
Clause 1: says there shall be CM with COM, to aid & advice the governor in exercising his
powers, except in so far as he is by or under this const. is required to exercise his functions,
in his discretion. Governor can act/use his discretionary powers according to const. this type
of categorical mention is not there in Art
Ex: GJ case of Lokayukta.
Clause 2: if any question a rises whether any matter is / is not a matter as respect which the
governor is by / under this const. required to act in his discretion, governor decision is final &
validity of anything done by Govt. shall not be called in question on the ground that, he
ought/ought not to have acted in his discretion.
Clause3: Any question whether any and if so what, advice was tendered by ministers to the
governor shall not be enquired into in any court. This is immune to judicial review same is
applicable to prez under Art 74
Governor exercise 2 types of discretionary powers:
1. Constitutional discretionary
2. Situational discretionary
1.Situational:
Appointments of CM if no party enjoys majority.
Testing the majority of Govt.
Dissolving assembly
Recommendation of prez rule under Art 356.
Sending the bill for reconsideration of COMs.
Reserving a bill for the consideration of prez. Under 200, 201.
Note: however, if a bill contains provisions; which affects the state HC power & federal
structure the bill should be reserved for consideration of prez.
2. Impact on centre state relation:
The executive jurisdiction of central Govt. is extended to state list.
Central Govt. is empowered to make laws in the state list, under Art 250
3. Impact on Legislature:
Normal tenure of LS is extended up to 1 yr. at a time by the parliament; like no of
extensions.
However LS cant be extended beyond 6 months, after revocation of emergency.
Same case also with state assembly.
Prez may revoke emergency at any time with subsequent order. This power was also given
to LS.
So far 3 times National Emergency has been imposed.
1. 26
th
Oct 1962 10
th
Jan 1968 due to Chinese Aggression
2. 3
rd
Dec 1971 21
st
Mar 1977 due to Bangladesh war.
3. 26
th
June 1975 21
st
Mar 1977
1, 2 external, 3 internal.
Constitutional Emergency:
Art 355 says, it shall be the duty of the union to protect every state against external
aggression & internal disturbances & to ensure that Govt. of every state is carried on in
accordance with provisions of const.
If a situation has arisen in which there is breakdown of const. machinery / const. crises,
after receiving the report of Govt. / otherwise prez proclaim Art 356.
Such a proclamation must be approval by parliament within 2 months with simple majority.
Once approved, it is extended to 6 months, like usually 2 extensions (6+6) not beyond that.
However, this can be extended up to max of 3yrs provided following cond. exists:
a. If National emergency is already proclaimed in country.
b. If EC certifies that elections could not be conducted in a free fair manner in given s<n of
state.
However it was there in pb for 5yrs with amend. the art 356. President of India can
revoke art 356 any time.
Consequences:
1. State Govt. is dismissed; ousted.
2. Assembly may be dissolved or may be kept under suspended animation & can be revoked.
3. All executive power is assumed by President, but runs admin. through governor. Advisors
are appointed to the Governor.
4. Parliament /person appointed by parliament makes laws for the state (also by prez by
ordinances)
5. Parliament approves the budget by state.
UK, CH president rule not imposed.
Financial Emergency:
Art 360, prez proclaims financial emergency if there is threat to the credibility od India with
advice of COM.
Such a proclamation should be approved by the parliament within 2 months.
Once it is approved emergency is extended indefinitely. It is continues until revoked.
President can revoke emergency any time.
Consequences:
All the financial powers of state Govt. are restricted that means state Govt. cannot impose
Tax or present budget or money bill without permission of present.
Salaries of all persons serving under union, including judges of SC, HC will be reduced.
Prez reduces the salaries & so far no financial emergency has been imposed.
-Case laws regarding Art 356:
SR. Bommai case:
SC made the following guidelines in this case:
The report of the governor must be a speaking report, which should reflect the prevailing
scenario, not subject to governors assessment.
If Art 356 is imposed with malafide interest, it is open to judicial reviews & if its
unconstitutional the dismissed CM will be reinstalled; assembly is revived.
Assembly shall not be dissolved unless & until the prez rule is approved by the parliament.
If a state Govt. is unable to protect the secular character of the const. it attracts Art 356,
as secularism is a part of basic structure.
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1/22/14 CareerNotifications.com: Indian Polity - Indian Judiciary
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Indian Polity - Indian Judiciary
Indian Judiciary
In India we have integrated, independent, single, impartial, supreme judiciary.
Single judiciary means there is one set of judiciary for both central & state Govt.
All courts in India must work under 1 line, under S.C.
SC also known as federal court is highest court in India. SC as federal court was estb. in
1935. It is called federal because, it resolves federal disputes between Central & states.
Supreme Court of India
Art 124 deals with structure & composition of SC.
SC consists of 1 CJ and such no. of other judges as decided by parliament from time to
time with ordinary legislature.
At present there are 1 CJ + 30 judges.
However, in 1950, there were 1 CJ + 7 judges
1956 1 + 10
1960 1 + 13
1977 1 + 17
1986 1 + 25
2009 1 + 30
In HC, the no. of judges is decided by prez.
Apart from these regular judges, certain ad-hoc acting judges may be appointed in SC.
Appointments:
Prez makes all appointments including CJI. While app. Other judges of SC, prez has to
consult CJI & 4 senior judges of SC known as collegiums. (1 CJI + 4 Senior Judges)
collegiums.
This collegiums concept was developed by SC in 3
rd
judge case in 1993.
While appointing CJI, prez may consult or may not any judge of SC / HC.
Usually CJI is appointed on basis of seniority but seniority is not the only criteria for his
appointed SC made this opinion n in 3
rd
judge case.
Merit will also be taken in consideration so far this seniority rule was violated 2 times
(1973: Justice A.N Ray was app. As CJI by surpassing 4 sr. judges).
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1977: NH. Baig was appointed as CJI by overlooking Sr. judge H.R Khanna.
Qualification of Judges of SC:
He should not have completed 65yrs.
He must be a practicing advocate of H.C for not less than 10yrs. (or) he must be a judge
of HC for not < 5 yrs or he must be a famous jurist.
Salary is fixed by parliament, charged on consolidated fund, will not be reduced on
consolidated fund, will not be reduced except during course of financial emergency.
They are eligible for pension after retirement, at present CJI + 1lakh, other judges RS.
90,000 & all other facilities.
Removal of HC, SC Judges:
Judges of HC, SC are removed on the grounds of incapacity & misbehavior, under Art-
124 clause 4: SC Art: 217 HC
The removal procedure is known as Censure Motion. Also called impeachment.
The resolution/motion relating to their removal may be initiated in either houses of
Parliament.
For that incase of L.S a notice signed by 100members 50 members in case of RC shall
be presented to the presiding officer, 14 days in advance.
The initiated house will enquire after appointing a committee. This comm. consists of a
judge of SC, a CJ of HC and senior advocate in SC.
After this enquiry, if its proved, the initiating house approves the motion with special
majority i.e.; 2/3
rd
of the members present & voting, but >1/2 of total members of
house.
If the same motion is also approved by other house, on the basis these resolutions,
president removes them.
Both the houses of Parliament have to approve the motion separately.
So far no judge is removed, but there was impeachment motion against Justice V.
Ramaswamy (1991 93) which was defeated in LS. (Initiating house)
In 2011, impeachment motion against just soumitrasen of Calcutta HC.
Motion was introduced in RS & it approved before it was transmitted to LS, he
resigned.
In 2011 justice P.D.Dhinakaran of KA, HC. Before the motion was initiated in LS, he
resigned
Judges of SC after retirement are not allowed to practice law before any court / any
authority in India. But HC judges can practice law, before any HC where they have
not worked.
They are not allowed to ensure impartiality & profession ethics. Moreover the
conduct, capacity of judges of SC cannot be discussed any where including parliament,
except during the process of removal.
Service cond., salary, qualification cant be altered for their disadvantage.
Powers & Functions of SC:
1. Original Jurisdiction.
2. Appellate Jurisdiction.
3. Advisory Jurisdiction.
4. Court of Record.
5. Writs Jurisdiction.
6. Custodian of const.
A. Original Jurisdiction:
Under Art 131, original jurisdiction, SC has exclusive special powers.
It means there are certain cases / disputes taken to SC directly.
1. Protect. Of FR under Art 32
2. Federal disputes (centre state, interstate)
3. Election disputes relating to President, V.P.
B.Appellate Jurisdiction:
The following are the cond. to appeal a case from HCSC. There are 4 types of appeals.
1. Constitution Appeals under: (Art: 133)
If HC certifies that the case involves further / deeper interpretation of const., all such
cases can be appealed.
Both HC, SC interprets, but SC interprets too finally.
2. Civil appeals under 133:
Any Civil matter where HC declares that it involves substantial question of law.
3. Criminal Appeals:
If HC on appeal from lower court completely reversed the judgments of the lower
court & the accused has been sentenced to death. (Or) vice versa, all such cases can be
appealed to SC.
4. Special leave petition: (SLP) Art 136
SC gives special permission in certain extra ordinary condition, from this permission
cases can be appealed.
C. Advisory Jurisdiction:
Prez. Under Art. 143 may seek/ask the advice of SC on 2 aspects.
i. On any question of law.
ii. On any question of fact.
Advice given by SC may/may not be followed by govt and SC may/may not give the
advice.
It is not mutually binding. Only president can ask advices.
So far central govt. asked 14 times advice from SC.
1. 1951; Delhi acts
14. 2006; office of profit.
D. Court of Record:
It means, all the SC judgments are binding on lower courts, all individuals & institution in
India.
SC judgments will have evidential value in lower court. Evidence value means, they can
be taken as witness (or) case laws.
If any deviation/dishonors to the judgments of SC is done, it amounts to contempt of
court, under Art 129, which is a punishable crime.
However SC may/may not follow its own judgments in the eventual cases.
This is known as Doctrine of Prospective Over ruling.
E. Writ Jurisdiction:
SC issues writs under Art 32 to protect FR refer to Art 32. (page:35)
F. Custodian of Constitution: SC protects the const. against encroachments of central &
state govt & maintains constitutional supreme under Art - 13, 32, 131, 246.
Under Art 138, parliament may extend SC jurisdiction.
Under Art 139 A, SC may call all the cases which have similar issue in the HC for SC
consideration.
Acc. Art -142, parliament has to implement the judgment of SC.
Acc. Art 146, salaries of staff of SC are also charged on consolidated fund of India.
SH kapadia is 38
th
CJI.
HJ Kania is 1
st
CJI.
So far 4 women judges worked in SC.
1. Fatima Bibi
2. Sujatha Manohar
3. Ruma Paul
4. Ginana Sudha Mishra (currently working)
Admin. Ctrl means, HC of state is to be consulted by state Govt. while making
appointments, transfer, promotion & other disciplinary actions w.r.t judicial officers in the
subordinate courts.
Judicial control means, lower courts have to follow such procedures, methods, judicial
devices as determined by HC.
Usually the seat of HC is located @ capital cities of the states. However, the following states
HC are located at places other than capitals.
1. Kerala : Ernakulum
2. Orissa : Cuttack
3. M.P. : Jabalpur
4. Chhattisgarh : bilaspur
5. UP : Allahabad
6. UK : nainital
7. RJ : jodhpur
8. AS : guwhati
HC will have benches other than seat / HQ, for the sake of litigants convenience.
More no. of benches for Guwahati HC, they are Aizwal, Kohima, Imphal, Shillong,
Itanagar, Agartala.
2
nd
highest benches Bombay HC: Nagpur, Aurangabad, Panaji.
UP has Lucknow bench, MP has Gwalior & Indore bench. RJ: Jaipur bench.
1
st
HC was estb. @ Calcutta 1862.
1
st
CJ of A.P. HC = K.Subbarao, only Telugu to be CJI. CJI and was CJ during
Golaknath case.
Public Interest Litigation (PIL)
3
rd
person moving to court, on behalf of the other persons, if there is public interest in a
particular case.
This system was developed 1980 onwards, when justice Y.V. Chandra chud was CJI
along with Justice Bhagawati, justice D.R. Krishna Iyer.
Suo Motu:
Suomo means self generated. Judiciary itself taking the initiative & filing the cases by
issuing the necessary orders; without any complaint received by any party.
PIL, suomotu are responsible are responsible for judicial activism in India.
Judicial activism: It means judiciary exercising its powers, functions more assertively,
aggressively by employing new methods of adjudication like PIL, suomotu.
Judicial activism is a part of judicial review.
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1/22/14 CareerNotifications.com: Indian Polity - Indian Federation Center - State Relations
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Keyword Search
Indian Polity - Indian Federation Center -
State Relations
Indian Federation Center - State Relations
Part 11, 12 deals with C S relations FROM 245 300.
The federation is not mentioned in the const.
ART 1 Says India i.e., bharat shall be union of states.
Indian Federation is a result of holding together of the states. American federation
coming together.
7
th
schedule deals division of powers between centre state.
There are 3 fold divisions of powers in the const.
1. Union list (list 1)
2. State list (list 2)
3. Concurrent list (list 3)
Union list: Originally there were 97 items, now there are 100 items.
This list has parliament making laws to it.
All the matters of national significance. They are banking, currency, all major 3 sectors,
defense, nuclear energy, internal relation.
State list: Originally there were 66 now 61 items
Matters of local significance namely Agriculture, law & order, jails, local self Govt., co
operations, mining, sports.
Concurrent list: Originally 47, but now 52.
Civil & criminal procedures, socio economic planning, education, forest, protection of
environment & population control legal metrology. These were in state list, by amend. Of
42
nd
1976 concurrent list.
All the residuary items (unremunerated) have been assigned to centre; to ensure strong
central govt.
Part 11 Art 245 255 deals with legislative relation
Art 245 the extent of the laws made by parliament & state legislature.
Law made by state govt. is confined to territorial jurisdiction of the state (coterminous with
state).
Law made by the parliament is applicable to all citizens in India & also to citizens living
abroad.
This is known as Extra territorial legislation.
Ex: Sarala mudigal case.
Art 246 division of powers in 3 lists.
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Art 248 residuary powers of the centre.
Art 249 If RS approves resolution with special majority & declares that, one of the
subjects in state matter has acquired national significance on this basis; parliament can make
law in state list.
This is known as temporary transfer of subject matter in a state to union list; usually
extended temporarily for 1 yr at a time.
Both under emergency & normal conditions.
Art 250 Parliament can make law on the state list subjects during the times of national
emergency.
Art 251 in case of a conflict between the laws made by parliament in state list under art
249, 250 with the laws made by the state in the state list, the central law prevails.
Art 252 If 2 / more than 2 states request the parliament, to make law in the state list,
parliament can make laws in the state list subjects.
Ex: regulation of human organ transplantation act, 1994 prize competition act, 1955.
Protection of wildlife act, 1972.
Art 253 parliament can make a law in the state list, to implement international
agreements, treaties & national policies.
Art 254 making a law in the concurrent list.
If state govt. makes a law in concurrent list, with prior permission of president, state law
prevails.
However, if parliament makes law on same subject matter made by state. If there is
conflict between 2, the state law prevails to state of non-inconsistency, central law to
extent of inconsistency.
But parliament is empowered to terminate the law made by the state in concurrent list
completely.
Art 255 the prior permission of president & government of a state, on certain kills &
proposals is a matter of procedure only.
Note: Doctrine of Pith & Substance"
This doctrine is employed to resolve the disputes between centre states in case of inclined
encroachments in the areas of legislation.
If the intension of law is good, though it meidents enters into other areas, law is held valid.
Admin Relations between Centre- State Art: [256-260]
- These relations are called Municipal.
Art 256: Every state government has to exercise its executive authority in such a way, not
to prejudice the authority of the centre.
Art 257: Central government May give admin directions or orders to every state
government w.r.t protecting the properties of central government in the state.
So every state government has to comply with such orders. If it violates, it amounts to the
constitutional violation, which attracts (Art - 365).
Art 258: Central government can entrust some of its function to the state government
with/without conditions.
Art - 258(A) Inserted in 7
th
Amend, 1956, says that even states can entrust some of the
functions to central government with/without conditions. These 2 articles imply cooperative
federalism.
Art 259: has been deleted.
Art 260: Central government administers newly acquired areas.
Art 261: All the records, certificates & other documentary evidences issued by various
states must be honoured in all parts of India.
Art 262: Parliament, by law may establish interstate river water dispute tribunals. This
tribunal is a legal body (Under parliament).
Art 263: President may establish an interstate council, to recommend suggestions w.r.t
centre-state or interstate relations.
Interstate council is constitutional body consisting of chairman i.e, PM & CMs of states.
It is an advisory body.
Financial Relations between Centre State:
Part 12
th
Articles [264 300] deal with financial relations.
Art 265: No tax shall be imposed save by authority of law. [No taxation without
legislation].
This is a legal right / constitutional right.
Art 266: Consolidated Fund of India, consolidated fund of states & public account of
India, P.A of states.
All the revenues received by GOI, all borrowing / loans made by GOI are credited into
this fund.
All expenditures are met from this fund. There are 2 types of expenditures on this fund.
1. Exp. charged on.
2. Exp. made on.
Charged on means, that exp. is not put to the vote of parliament. This parliament cant reduce
such expenditures.
The salaries mentioned in schedule-2 are not put to the vote of parliament. But parliament can
debate on such expenditure.
Made on means, it is put to the vote of parliament members and parliament can reduce.
Public money in the name of provident fund, certificates postal savings, court files.
Public account is regulated by executive action. But, no money can be taken from consolidated
fund, without presidents prior permission.
Art 267: Contingency fund of India & states.
Contingency fund is a permanent advance in the hands of president, in the nature of imprest
to meet unforeseen expenditures due to calamities. The parliament appropriates the
expenditure from this fund.
Art 268: Division of resources between centre & states.
These are exclusive areas on which central government can impose taxes, collect amount &
retain the amount. There are 15 items on which central government impose taxes
Customduty. ( Import/ Export)
Corporate tax (It and companies tax)
Estate duty (Non Agricultural Lands)
Exercise duty (Tobacco)
Capital gain tax
Luxury taxes on malls & hotels.
Exclusive taxes to state. There are 20 items state government gets taxes:
Commercial Taxes (VAT)
State excise (Tax of liquor)
Land revenue.
Motor vehicle tax
Local taxes like Entertainment, ppty tax
Toll taxes.
Octraic tax
According to Art 268, there are certain taxes, which are imposed by central government &
collected by states & also retained.
Ex: Tax on medicines, cosmetic preparation containing alcohol stamp duties.
Art 268(A): Service tax imposed & collected by central government, but shared between
centre & state. Service tax had been added to central list on 88
th
Amend, 2003.
Art 269: Taxes which are levied and collected by central government, but collected amount
is given to states, where the amount is collected.
Ex: terminal taxes, sales tax on newspapers & advt. Surcharge on railway fares & freights.
Art 270: Some taxes are imposed & collected by centre. But collected net amount is
shared between centre & states.
Ex: IT, central excise & all other taxes not exclusive to centre & states.
Art 271: Surcharges on certain duties & taxes for the purpose of union are not sharable.
Ex: Surcharge on IT is not sharable.
Art 273: Central government gives special grants to the states of AS, BH, OR, WB to
promote Jute & Jute products.
Art 275: Grant in aid to the states, central government provides this grant to states for
special department activities w.r.t SC, ST, on the recomm. Of finance comm..
Art 280: Finance commission of India.
A constitutional body, constituted by president for every 5 years.
FC shall consist of chairman & 4 other members.
Chairman should have the knowledge of public affairs.
1 member should have all the qualifications of judge of HC.
Another member should be expert in Economics.
Another member should be expert in financial admin.
Another member should be expert in Audit & Accounting.
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Keyword Search
Indian Polity - Functions of Finance
Commission
Functions of Finance Commission (FC)
1. Makes recommendations regarding division of revenues between centre states.
2. Makes recommendations regarding grant in aid to the states. Under 275, from
consolidated fund of India.
3. If also makes recommendations w.r.t allocation of resources to local government under
73
rd
, 74
th
Amend.
4. It also gives suggestion, advice to president on all financial matters which are referred to
it.
5. FC submits its report to president under (Art: 281).
All the functions of F.C are advisory in nature. Centre may/may not accept.
Usually FC acts as buffer between centre state & hence, centre listens to FC.
At present 13 F.C have been completed.
1
st
F.C was appointed in 1951, under chairmanship of K.C.Niyogi.
13
th
under Vijay Kelkar.
Chairmans of Finance Commission:
1
st
F.C - K.C. Niyogi
2
nd
F.C - K. saantanam
3
rd
F.C - A.K.Chanda
4
th
F.C - Raj Mannar.
5
th
F.C - mahaveer Tyagi
6
th
F.C - K.Bhramananda reddy
7
th
F.C - Shalat
8
th
F.C - Y.V.chavan
9
th
F.C - N.K.P.Salve
10
th
F.C - K.C.Panth
11
th
F.C - A.M.Khusro
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12
th
F.C - E.RangaRajan
13
th
F.C - Vijay Kelkar
Art 285: Central government should not impose taxes on state properties.
Art 292: Central government can borrow loans both internally & externally. However
states can borrow only domestic loans under.
Art 293: State government borrowing through central.
10
th
F.C headed by K.C.Panth recommended alternative scheme of division of resources
between centre & states.
The criteria is as follows:
Poverty 50% funds.
Population 20% funds.
Area 10% funds.
Tax 7.5% funds.
Fiscal 7.5% funds.
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1/22/14 CareerNotifications.com: Indian Polity - Center - State Relations : Review Commissions
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Indian Polity - Center - State Relations :
Review Commissions
Center - State Relations : Review Commissions
1. Admin Reforms Commission : [1
st
ARC]
Appointed in 1966 with 6 members.
Headed by Morarji desai
Due to resignation of desai, K.Hanumantayah was appointed as chairman.
As a part of it a study team was appointed under the chairmanship of M.C.Setalvad for
centre- state relations.
Setawad was 1
st
Attorney general of India.
2. Justice Raj Mannar Commission :
Appointed by T.N government in 1969.
It was headed by Justice P.V.Raj Mannar.
Its report was submitted in 1971.
But this report was totally rejected by central government
Controversial recommendations are:
Repealing Art-356.
Abolishing All India services.
Assiging/Transferring Residuary powers to states.
Report of RajMannar committee was criticized as Anti-national.
3. Anadpur Sahab Resolution :
This was the resolution made by Aalidal party Punjab in 1973, reviewing centre-state
relations.
4. Sarkaria Commission :
In 1983, central government appointed an official commission, under the chairmanship
of justice R.S.Sakaria, to review the centre-state relations.
The committee submitted its final report in 1987, with 247 recomm. Consisting of
5000 pages.
Out of them, 170 recomm were accepted by central govt. recomm. of this commission has
lost current relevance.
Madan Mohan poonchi commission: known as 2
nd
commission on C-S relations.
It was appointed by central govt in 2007, under former CJI M.M Poonchi.
Second ARC
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Appointed in 2005; under chairmanship of veerappa moily consisting of 5 members.
ARC submitted 15 reports, 14
th
report contains financial admin. Management of finance &
has bearing on C-S financial relations.
Comments on Nature of Indian Federation:
1. Constitution of India is a unitary state with subsidiary federal features than being a
federation with subsidiary unitary features. So it is a Quasi Federal. K.C. whear.
2. India is an extremely federal Paul Appleby.
3. India is a bargaining federation Moris Jones.
4. India is a cooperative federation Granvelle Austin
5. India is an elastic federation. It resilience where it is unitary in emergency conditions &
federal in ordinary conditions. Dr. B.R Ambedkar.
Unitary Features:
Single const.
Single citizenship
Emergency powers
All India services
Appointed Governor
Integrated Judiciary
Formation / Alteration of states is the discretion of parliament
Equal representation in R.S.
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1/22/14 CareerNotifications.com: Indian Polity - Local Self Government
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Indian Polity - Local Self Government
Local Self Government
Local Self Government:
73
rd
, 74
th
Amend. Deal with local self govt.
This local self govt. come sunder state list subject.
Art 40 deal with L.S Govt. (Panchayat Raj Institution).
CHOLAs admin. is known for L.S.G.
In 1870, Lord Mayo made resolution regarding L.S.G.
In 1882, Lord Rippon resolution regarding Magna Carto of L.S.G. hence Rippon is
called father of L.S.G.
In 1907, British govt appointed a Royal commission under the chairmanship of
Hobbhouse.
Acc. In 1909, Minto - Morley reforms, elections to elect members of local bodies
directly was held.
In 1919, Montagu-Chelmsford reforms, L.S.G were placed in transferred list.
In 1919 act, they are transferred to state list.
Local self Government in India after 1950:
In 1952, central govt launched community development program (CDP) at block level
(samithi).
In 1953, another program was launched NEP. National Extention Program.
In 1957, central govt. planning commission constituted a study team under the
chairmanship of BalvanthRai Mehta to review the working of CDP, NEP.
B.V. Rai Mehta committee recommended for the development of 3 tier P.R systems.
1. Gram Panchayat at village level. (head sarpanch)
2. Mandal Panchayat or Panchayat samithi @ taluk or intermediate level.
3. Zilla parishad at district level.
RJ, on 2
nd
Oct 1959 @ Nagore district P.R system of 3 tier was estb.
AP was the 2
nd
state to introduce 3 tier p.R. sytem in 1
st
Nov, 1959 at
mahabboobnagar district. Shadnagar by Nehru.
Ashok Mehta committee:
In 1977 Janta party govt appointed ashok Mehta committee to review the working of 3
tier system.
This committee recommended 2-tier system. He recomm. for abolition of gram
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Panchayat; & strengthening mandal system.
These recomm. could not be implemented due to fall of janta govt.
G.V.K. Rao committee was appointed:
To examine the reforms & make suggestions regarding rural development.
He observed that the system of L.S.G is not a grass root democracy, but it is a grass
without roots.
He suggested elimination of Bureaucracy.
L.M. Singhvi committee:
In 1986, Rajiv Gandhi appointed this committee & it recomm. Constitutional status to
L.S.G.
Accordingly, 64
th
amend was introduced in 1989, but this amend was reflected by
states in R.S was defeated were introduced & were accepted & became acts in 1993.
They came into force 24
th
April, 1993. In AP 24
th
April, 1994.
By this new Panchayat system, new urban local govt system is introduced.
Features of 73
rd
& 74
th
const. amend.:
1. 73
rd
amend deals with Panchayat raj institutions. The structure of P.R institution in 9
th
part Art 243 (A-O).
Functions of P.R institution is in 11
th
schedule.
2. 74
th
amend deal with nagarapalikas (urban local govt), in part (A) from 243 (P-Zg)
3 tier system needs to be continued rural & urban areas. They are in urban areas.
Nagara Panchayat
Municipality
Municipal corporation
However 3 tier system is not applicable to J & K; & the states having < 20lakhs
population.
The min. age to contest in all local bodies is 21 yrs attained.
Representatives in all local bodies are elected directly. However, the head of gram
Panchayat is elected acc. To the procedure determined by state govt. in AP its direct.
(sarpanch)
The head of mandal & district level is elected indirectly on party basis.
Sarpanch: Non party basis.
Note: 1
st
PM, to be not a member of any house during his appointed as PM.
Reservations are provided to SC, ST according to their population. Reservations are
also provided to BC acc. To % fixed by state govt.
Not less than 1/3
rd
seats are reserved to women in all categories.
There shall be a state E.C to conduct elections for local bodies under Art 243 K.
There will be a state finance commission under (243 I).
However minor changes can be made by the state legislature without disturbing the spirit
of 73
rd
, 74
th
const. amend.
Ex: In AP there is a special condition to contest for local bodies. The candidate should
not have > 2 children after 1996.
Important Articles of 73
rd
& 74
th
Amend
Art 243(A): Const. of Gramasabha
It is a non elected body consisting voters of that grama.
It is an advisory body, giving advising to Panchayat about policies and programs.
Art 243(B): 3 tier system.
Art 243(C): Election to local bodies (directly)
Art 243(D): The reservation in G.Panchayat.
Art 243(E): Tenure of Panchayat
Art 243(F): Disqualification.
- Anti-defection is not applicable to G.Panchayat applicable to MPTC, ZPTC,
municipalities.
Art 243(G) : Function of Grama Panchayat
: 11th schedule deals with 29 functions.
o Main function is to provide civic amenities to civilians and part of rural
development like agriculture.
Art 243(H): Income resources to Panchayatist.
Major source is central state government grants.
Apart from it, local taxes like ppty tax, professional tax, entertainment tax, octroi, market
etc.
Art 243(I): State finance commission.
- Appointed by government for 5 years term.
- Makes recomm. for revenue division between state local bodies.
- This is a constitutional body.
Art 243(K): State election commission.
- Appointed by government for 5 years.
- Its a constitutional body.
- State election commission is removed like HC Judges like removed by president on
resolution by parliament.
- It conducts election to local bodies.
- State election commissioner: C.Ramakanth Reddy.
Art 243(M): Certain except for 3 tier system.
-3-tier system is not applicable to hilly areas of Mg, Mn, Mz, Ng, Darjeeling dist of WB.
74
th
amend:
Art 243(Z) (d): District planning committee
Art 243(Z) (e): Metropolitan planning committee, for cooperation having > 10lakh
population.
Panchayat Raj System:
Structure:
1
st
Nov, 1959, 3 tier Panchayat Raj System was introduced in A.P.
Government of A.P enacted P.R institutions act, 1964.
From 19641981, indirect elections are held for 3tier P.R system.
However, Jalgam Vengalrao comm.., Narasimhan comm.., Dantureda comm..,
recommended direct elections for grama Panchayat.
According in 1981, 1
st
time direct elections are held for G.Panchayat.
In 1985, TDP with NTR as C.M, Mandal parishad system was introduced.
Earlier there were 324 panchayat samitis (Block Level). They have been abolicated & they
have been divided into Mandals, with 1104 mandals.
- In 1989, congress party appointed D.K.Samarasimha Reddy committee, to review the
working of Mandal system.
- According some recomm. were made: To study these recomm. B.R.R. Vittal committee
was appointed.
3 Tier system in AP:
1. Grama Panchayat: usually 300 500 population constitutes a gram Panchayat. In agency
& tribal areas, population is not a criterion.
-The gram Panchayat shall consist of:
a) Gram sabha
b) Ward members
c) Sarpanch
d) Uparsarpanch
e) Executive officers
-The voters of G.Sabha are members of G.sabha.
-The Gram Panchayat has min. 7 wards, max. 21 wards. These ward members are elected
directly.
-Head of Gram Panchayat, sarpanch is elected directly. (Irrespective of party).
-Upasarpanch is elected by ward members.
-Govt. officer is called executive officer.
Gram sabha should meet once in 4 months.
2. Mandal Parishad:
Usually population between 20000 30000 will make a mandal. This is 2
nd
tier.
In KA, this is known as mandal Panchayat / block Panchayat. In GJ it is called Taluka
Panchayat. In MP it is called Janpath Panchayat. In TN it is called Panchayat sangh.
Structure:
It consists of
a) Mandal parshid territorial constituencies (MPTC).
-MPTC, are elected directly by voters on a political party basis. A min. of 7 & max. of 23
MPTC.
-Each MPTC represent 3000 4000 population.
b) Mandal president, Mandal vice president.
-Both are elected indirectly among MPTC members. They can be removed by no
confidence motion.
-However, the no confidence cannot be introduced in 1
st
4yrs.
-Even anti-defection is applicable to MPTCs as they are elected on party basis.
c) There will be 2 co-opted members belonging to minorities.
-All local MLAs, MPs who are that residents of mandals become ex-officio, member of
mandal.
-There will be certain permanent invites to mandal parishad like District collector, ZP
chairman, ZPTC, sarpanchs of Gram Panchayat, chairman of district agriculture, market
society. They do not have right to vote.
-Permanent invites do not have right to vote. But ex-officio members will have right to
vote.
-There will be a govt officer called MP development officer.
Functions:
-Implementation of all rural development activities, upper 1, 1 education development.
-Mandal parshid do not impose any taxes but get a share from the tax.
Right now, there are 1097 mandal parshid & 1128 revenue mandals.
3. Zilla Parishad: (ZP)
Every district is treated as zilla parishad. But Hyderabad do not have ZP i.e. it has 22.
Composition:
A) ZPTC from mandal a ZPTC is elected.
B) ZP chairman, Dy. Chairman election indirect & party basis
C) Two co-opted members
D) Ex-officio members
E) Permanent invites involve: zilla collector, chairman of district cooperative bank, chairman
of zilla cooperative market sangh.
F) There will be govt officer called C.E.O. (G-I/IAS).
Functions:
1. Preparation of district plans
2. High school education
This has supervisory functions.
- There will be 7 standing comm.. in zilla parshid. The chairman of the these comm..are
appointed by ZP chairman.
The 7 committees are:
Standing committee on Finance & Planning
Standing committee on Rural development
Standing committee on Agriculture
Standing committee on women welfare
Standing committee on Health
Standing committee on social welfare
Standing committee on taxes
3 Tier system in Urban areas:
Nagara Panchayat
Municipality
Municipal corporation
1. NP:
- Its a newly created her, which is a transitional area from village town.eg: Putaparthi.
- It has structure & composition as Panchayat.
2. Municipality:
If the income of that area other than Agriculture is 70%, that area is converted to
municipality.
Usually, population range = [20,000-30,000].
The heads of urban local government will be elected according to the procedure fixed by
state government.
But vice-chairman is elected indirectly; ward- members (or) councilors are elected
directly on party basis.
Government officer is known as Municipal officers. There will be cooperated members
and also ex officers members like
District collector No right to vote.
Members of local MLAs, MPs. Right to vote.
3. Municipal Cooperation:
If the income >4cr. & population > 3lakh.
Members: Mayor, Dy. Mayor, Cooperated members, Cooperators, Ex-office member,
Cooperation commissioner (Govt. off).
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Indian Polity - Constitutional Officers
Constitutional Officers:
A constitutional office is one which is created by the constitution.
Ex: Its powers, structure; function is determined by constitutional election commission,
public service commission, CAG, AG, ADG, National commission for SC, STs.
Legal office is one which is created by law of the parliament or by state legislature.
Ex: NHRC, NC women, NC children, NC for BC, UGC, and Legal office is also called
statutory bodies.
Extra constitutional bodies are those, which are created by order/ decision of cabinet.
Ex: Planning commission, NDC, National Advisory Council (NAC).
1. Election Commission of India :
Part 15
th
, Art (324 329) deal with elections in India.
Art 324 deals with structure & composition of ECI.
ECI has 1 chief election commission (chairman)
There will be such no. of other commissioners, as decided by president, regulated by
parliament.
ECI is a multi membered body. It became functionally multi membered 1
st
time in 1989.
However, in 1990 it was reverted into single membered body, when V.P.Singh was
P.M.
Again in 1993, When P.V.Narasimha Rao was PM it was converted into multimember
body with an ordinance, approved by parliament.
CEC and other commissions are appointed by president for term of 6 years & retire at
the age of 65 years, whichever is earlier.
Removal: CEC is removed like that of SC judges. Other commissioners are removed by
the president on CEC advice.
Salary is equivalent to SC judges for CEC & other commissioner. Even powers &
functions, CEC & other commissions are same.
Powers & Functions:
ECI exercise 3 types of powers & functions:
Admin. functions
Advisory functions
Quasi judicial functions
Admin. functions:
Preparing voters list.
Issuing notification of election is through president / governor by ECI, except local
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bodies.
However, MP elections notification is issued by president.
ECI decides controls, regulates, and supervises elections.
It recognizes political parties & allots party & election symbols.
It also gives status to political parties like national, regional, recognized, registered
parties.
Quasi judicial functions:
In case of disputes among political parties regarding symbol or other related problems, it
decides the cases.
Any dispute during the elections will be decided by ECI.
Advisory functions:
The removal of state MLAs, MPs by Govt. prez on ECI advice.
Art 326: provides right to vote.
Art 329: once electoral process is commenced, courts are barred in the interference of
electoral process.
1
st
EC: Sukumaran Sen
Present EC: SY Qurashi (2010 onwards).
PUBLIC SERVICE COMMISSIONS: part 14 of const. from Art (315 323) deals with
PSCs.
UPSC SPSC JPSC
UPSC consists of a
chairman & such no. of
other members as decided
by president.
Currently 1 + 10.
It consists one chairman &
such no. of members,
decided by the governor.
Currently 1 + 9.
Name of APPSC bhavan is
pratibha bhavan.
Parliament of India estb.
JPSC for 2 or more states.
-There is no state with
JPSC.
-President appoints
chairman & members of
JPSC.
President appoints
members & chairman for
6yrs of age.
Govt. appoints for the term
of 6yrs but retire at 62yrs of
age.
Note: original const.,
retirement age was 60, but
was to 62 in 1976 by
amend. Act.
Appointed by president, for
6yrs & 65yrs max. of age.
Salary is fixed by president
judges of SC.
Salary of SPSC varies from
state to state. In AP
chairman gets HC judge
salary.
Salary is decided by prez
shared by states.
Governor of state can
suspend the chairman /
members of SPSC.
The chairman of UPSC
after retirement is ineligible
for subsequent govt.
appointment.
No specific qualification for any member of PSCs. But, half of members of PSC must be
taken from admin. services. The remaining half by discretion of govt.
However other members or chairman of PSC are eligible for higher positions in the PSC
only.
Functions:
PSCs are basically advisory bodies on service matters of govt employees.
Service matters:
Recruitment
Appointment
Promotion
Disciplinary action
Retirement
PSC do not have no matter regarding reservations.
Govt. may follow/ may not follow advice by PSC.
Comptroller & auditor general: CAG
This office has been taken from England. It is highest constitutional office, appointed by
prez by warrant under his seal & signature.
Hence, CAG has to take oath before entering his office which is administered by prez, in
3
rd
schedule.
Term: 6yrs, retires @ 65yrs whichever is earlier.
No specific qualification is mentioned. But he is generally taken from Indian Audit &
account service (IAAS).
Removal: same as judges of SC by parliament.
Salary: fixed by parliament, charged on consolidated FI cant be reduced @ any time to
his disadvantages except during Financial emergency (90,000/-).
Eligible for pension after retirement. Salary SC judges. All these details are mentioned
in Art 148.
Parliament regulates the service conditions of CAG. Thus, parliament made an act in
1971, amended in 1976.
Thus, since then, accounting has been separated from auditing;(1976)
After retirement, he is not eligible for subsequent appointment.
Functions of CAG:
Audits & reports expenditure from all funds CFI, CFS, const. FS, PAF of state, India.
Audits & reports on working of various public undertakings by GOI & state govts.
He provides technical expertise, advice, to the financial committee of the parliament.
He is a fixed philosopher, guide to PAC.
He gives certificate regarding net proceeds of division of resources / revenues between
centre & state.
He provides advice to prez on matters relating to auditing & accounting.
He submits his report under Art 151, to the president, in case of central accounts, to
governor in case of state accordingly, as CAG is a common constitutional state govt.
Thus, CAG is called custodian of national exchequer. The auditing done by CAG is just
post-motem of accounts.
In India, we do not have pre-auditing system. Prior permission of CAG is not required
for spending the money. Thus CAG is just an auditor not a comptroller.
CAG is a lone wolf without chief, without subordinates. He does not have admin. control
over staff or office.
CAG is regarded as an extended arm of the parliament.
1
st
CAG: Narahari Rao
Current: Vinod Rai
Attorney General of India Auditor General of State
Acc. To Art 76, prez appoints At.G, holds
office during the pleasure of prez
Acc. To Art 165, governor appoints Au.G,
holds during pleasure of governor.
Posses the qualification as that of SC Posses the qualification as judge of HC.
Salary SC judges 90,000/- Salary HC judges
Highest legal officer in India. Chief legal
advisor to central govt. he appears before
any court, on behalf of central govt &
pleads the case.
Highest legal officer in state chief legal
advisor of state govt. appears on behalf of
state govt. & pleads the case.
He can take part in the parliament
proceedings without right to vote.
1
st
At.G: M.C. Setalvad
Present At.G: Vahanvati
He can take part in assembly, without right
to vote.
Current Au.G: Sudarshan reddy
National Commission for SC, STs:
Const. provided certain protection for SCs, STs, in FRs & in other parts of const.
Art 338 says, there shall be a National commission for SCs, STs.
In 1978, Janta party appointed 1
st
commission under the chairmanship of Bolapaswan
sastry.
In 1990, by 65
th
amend, constitutional status was accorded to national commission for
SC, STs, which was a common commission.
In 2003, by 89
th
const. amend, a separate commission was constituted for STs; under
Art 338 (A).
Structure, composition & powers of both are same.
Composition & Structure:
The commission has chairman, vice chairman, and 3 other members, appointed by prez
for the term of 3yrs.
Prez is empowered to remove them, after an enquiry made by judge of a SC.
The chairman of this commission has cabinet rank. Vice chairman has MOS rank,
members have Dy. Ministers rank.
Power & Functions:
1. National commission for SC, ST enjoys the powers of a civil court. They are: issuing
summons warrants; ask for evidence.
Note: highest judicial office = CJI.
2. Commission needs to be constituted by central govt regarding all party matters for SC,
STs.
3. It enquires the allegations of violation of SC, ST rights, submits report with suggested
action to govt.
Legal offices include
NHRC at central & state.
National commission for BC, minorities, women, children (also state)
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