Polity handbook for Quick Revision - WordPress.com handbook for Quick Revision ... • It was first demanded by the Indian National Congress in 1935. ... Tamil 17. Telugu 18. Urdu

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Chapter 1

Idea and framing of constitution According to Wade and Philips, "Constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principles governing the operation of those organs”.

• The idea of constitution of India was put forward by M. N. Roy in 1934.

• It was first demanded by the Indian National Congress in 1935.

• The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan of 1946. Constituent Assembly

• The Assembly consisted of 389 members representing provinces (292), states (93), the Chief Commissioner Provinces (3) and Baluchistan (1).

• First meeting of the Constituent Assembly was held on 9.12.1946 under the Chairmanship of Dr. Sachidanand Sinha(Provisional Chairman)

• Dr. Rajendra Prasad was elected its Permanent Chairman on 11.12.1946.

• The Assembly made a substantial progress and adopted the "Objective Resolution" moved by Pt. Jawahar Lal Nehru,which later became the Preamble of the Constitution.

• B.N.Rao was an Advisor to Constituent Assembly but he was not a member. Drafting Committee

• On 29th Aug, 1947, The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the Constitution was prepared by a seven-member Drafting Committee under the Chairmanship of Dr B R Ambedkar.

• A Draft Constitution was prepared by the committee and submitted to the Assembly on 4 November 1947.

• Draft constitution was debated and over 2000 amendments were moved over a period of two years.

• Finally on 26 Nov. 1949, the process was completed and Constituent assembly adopted the constitution. 284 members signed the document and the process of constitution making was complete.

• On 26 Jan 1950, the Constitution of India became the law of all the States and territories of India.

• Original form of Constitution has 22 Parts and 8 Schedules Important Committees & its Chairmen

Committee Chairman

Committee for State Negotiation Rajendra Prasad

Committee of Fundamental Rights & Minorities Sardar Patel

Drafting Committee B. R. Ambedkar

Provincial Constitution Committee Sardar Patel

Rules of Procedure Committee Rajendra Prasad

The Steering Committee K. M. Munshi

Union Constitution Committee J. L. Nehru

Union Power Committee J. L. Nehru

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Chapter 2 Constitutional development

Government of India Act 1858

• After the Indian Rebellion of 1857, the British Government took direct control of territories formerly ruled by the English East India Company.

• This act abolished East India Company and transferred powers towards the British crown to establish direct rule.

• It changed the designation of Governor General of India to that of Viceroy of India.

• This Act also abolished the Dual Government introduced by Pitt’s Act, 1784. Indian Councils Act 1861

• Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed the Viceroy of India's executive council into a cabinet run on the portfolio system.

• Indians were involved with law-making process. For this purpose, viceroy nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. Indian Councils Act 1892

• This Act was enacted due to the demand of the Indian National Congress to expand legislative council.

• The number of non-official members was increased both in central and provincial legislative councils the non-official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council. Indian Councils Act 1909(Morley-Minto Reform)

• Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India.

• The right of separate electorate was given to the Muslims and hence Lord Minto came to be known as Father of Communal Electorate.

• The members of the Legislative Councils were permitted to discuss the budgets, suggest the amendments and even to vote on them; excluding those items that were included as non-vote items. They were also entitled to ask supplementary questions during the legislative proceedings. Government of India Act 1919(Montague Chelmsford Reforms)

• After World War I, the British Government opened the door for Indians to public office and employment.

• The idea of responsible government was emphasised upon.

• Introduction of diarchy, Bicameralism (Two Houses) and direct elections.

• Establishment of central public service commission in 1926. Government of India Act 1935

• Establishment of an All India Federation.

• Abolition of Diarchy and introduced provincial autonomy.

• Abolition of Council Asia.

• Establishment of RBI, federal court, Provincial PSUs and Joint PSUs.

• Extension of bicameralism, communal representation and franchise. Indian Independence Act 1947

• The legislation was formulated by the government of Prime Minister Clement Attlee and the Governor General of India Lord Mountbatten

• British Government would grant full self-government to British India by June 1948 at the latest,

• Partition of India and Pakistan.

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Chapter 3

Constitution at a glance Arrangement of Constitution

• Contains 448 Articles divided into XXII Parts

• 12 Schedules

• 5 Appendix

Part Chapter Articles Deals With

I 1-4 The Union and its Territory

II 5-11 Citizenship

III 12-35 Fundamental Rights

IV 36-51 Directive Principles of State Policy

IVA 51A Fundamental Duties

V 52-151 The Union

I 52-78 The Executive – The President and Vice President, Council of Ministers, The Attorney-General for India, Conduct of Government Business, Duties of Prime Minister as respects the furnishing of information to the President etc.,

II 79-122 Parliament, Conduct of business, Disqualifications of Members, Legislative procedure etc.

III 123 Legislative powers of the President

IV 124-147 The Union Judiciary

V 148-151 Comptroller and Auditor-General of India

VI 152-237 The States

I 152 Definition

II 153-167 The Executive - The Governor, Council of Ministers, The Advocate-General for the State, Conduct of Government business, Duties of Chief Minister as respects the furnishing of information to Governor, etc.

III 168-212 The State Legislature, Disqualification of Members, Legislative Procedure, etc.

IV 213 Legislative power of the Governor

V 214-232 The High Courts in the States

VI 233-237 Subordinate Courts

VII 238 Repealed

VIII 239-242 The Union Territories – administration, High Courts for Union Territories etc.

IX 243-243O

The Panchayats

IXA 243P-243ZG

The Municipalities

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X 244-244A

The Scheduled and Tribal Areas

XI 245-263 Relations between the Union and the States

I 245-255 Legislative Relations – distribution of legislative powers, residuary powers of legislation, etc.

II 256-263 Administrative Relations

XII 264-300A

Finance, Property, Contracts and Suits

I 264-291 Finance – taxes, grants, finance commission, recommendations of finance commission, exemption from taxes etc.

II 292-293 Borrowing – by the Government of India and by States.

III 294-300 Property, Contracts, Rights, Liabilities, Obligations and Suits and proceedings

IV 300A Right to Property

XIII 301-307 Trade, Commerce and Intercourse within theterritory of India

XIV 308-323 Services under the Union and the States

I 308-314 Services – recruitment and conditions of service of persons serving the Union or State,

II 315-323 Public Service Commissions

XIVA 323A-323B

Tribunals

XV 324-329A

Elections

XVI 330-342 Special Provisions relating to certain Classes- Scheduled Castes and Scheduled Tribes in House of the People etc., Scheduled Castes and Scheduled Tribes

XVII 343-351 Official Language

I 343-344 Language of the Union

II 345-347 Regional Languages

III 348-349 Language of the Supreme Court, High Court etc.

IV 350-351 Special Directives

XVIII 352-360 Emergency Provisions

XIX 361-367 Miscellaneous – protection of President, Governors and Rajpramukhs, abolition of privy purses, special provisions as to major ports and aerodromes etc.

XX 368 Amendment of the Constitution - Power of Parliament and procedure therefore

XXI 369-392 Temporary, Transitional and Special Provisions

XXII 393-395 Short Title, Commencement, Authoritative text in Hindi and Repeals

SCHEDULES TO THE CONSTITUTION

Schedule Deals With

First I. The States II. The Union Territories

Second Part A: Provisions as to the President and the Governors Part B: Omitted

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Part C: Provisions as to Speaker, Deputy Speaker etc. Part D: Provisions as to the Judges of SC and HC Part E: Provisions as to Comptroller and Auditor-General of India

Third Forms of Oaths or Affirmations

Fourth Allocation of seats in the Council of States

Fifth Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes (contains Parts A, B, C and D)

Sixth Provisions as to Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram

Seventh List I : Union List (97 subjects) List II : State List (66 subjects) List III : Concurrent List (47 subjects)

Eighth • List of 22 languages of India recognized by Constitution

1. Assamese 2. Bengali 3. Gujarati

4. Hindi 5. Kannada 6. Kashmiri

7. Manipuri 8. Malayalam 9. Konkani

10. Marathi 11. Nepali 12. Oriya

13. Punjabi 14. Sanskrit 15. Sindhi

16. Tamil 17. Telugu 18. Urdu

19. Santhali 20. Bodo 21. Maithili

22. Dogri

• Sindhi was added in 1967 by 21 Amendment

• Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment

Ninth Validation of Acts and Regulations though inconsistent with Part III of the Constitution.

Tenth Provisions as to Disqualification on Ground of Defection.

Eleventh Powers, Authority and Responsibilities of Panchayat

Twelfth Powers, Authority and Responsibilities of Municipality

APPENDIX

I The Constitution (Application to Jammu and Kashmir) Order, 1954

II Re-statement, with reference to the present text of the Constitution, of the exceptions

and modifications subject to which the Constitution applies to the State of Jammu and Kashmir

III Extracts from the Constitution (Forty-fourth Amendment) Act, 1978.

IV The Constitution (Eighty-sixth Amendment) Act, 2002.

V The Constitution (Eighty-eighth Amendment) Act, 2003.

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Chapter 4 Constitution features

Features of Indian Constitution

• A Written Constitution:

• Lengthy Document:

• Flexible as well as rigid (More flexible than rigid)-

• Can be amended- Art-368

• Some provision can never be changed(Supreme Court: Basic Structure can never be changed)

• A Federal Polity with a Unitary Bias

• Dual Government

• Single Citizenship

• Guaranteed (Fundamental Rights with remedies)

• Independent Judiciary with a power of Judicial Review

• Borrowed Constitution

Features Borrowed From

• Nominal Head – President (like Queen)

• Cabinet System of Ministers

• Post of PM

• Parliamentary Type of Govt.

• Bicameral Parliament

• Lower House more powerful

• Council of Ministers responsible to Lowe House

• Speaker in Lok Sabha

U.K.

• Written Constitution

• Executive head of state known as President and his being the Supreme Commander of the Armed Forces

• Vice- President as the ex-officio Chairman of Rajya Sabha

• Fundamental Rights

• Supreme Court

• Provision of States

• Independence of Judiciary and judicial review

• Preamble

• Removal of Supreme court and High court Judges

U.S.

• Fundamental Duties

• Five year Plan

RUSSIA(Then USSR)

• Concurrent list

• Language of the preamble

• Provision regarding trade, commerce and intercourse

AUSTRALIA

• Law on which the Supreme Court function JAPAN

• Suspension of Fundamental Rights during the emergency GERMANY

• Scheme of federation with a strong centre

• Distribution of powers between centre and the states and placing. Residuary Powers with the centre

CANADA

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• Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN)

• Method of election of President

• Nomination of members in the Rajya Sabha by the President

IRELAND

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Chapter 5

Preamble The Preamble

• The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The preamble can be referred to as the preface which highlights the essence of the entire Constitution. It was adopted on 22 January 1947 by the Constituent Assembly.

• It is based on the Objectives Resolution which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946.

• As originally enacted the preamble described the state as a "sovereign democratic republic". In 1976 the Forty-second Amendment changed this to read "sovereign socialistsecular democratic republic" Text of the Preamble These are the opening words of the preamble to the Indian Constitution

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

• Word Liberty, Equality & Fraternity were the idea from French Revolution while words Social & Economic were the idea taken from Russian Revolution. Meaning of Keywords in The Preamble- Sovereign: The word sovereign means supreme or independence. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a

free government which is directly elected by the people and makes laws that govern the people. Socialist: The term socialist was added to the Preamble by the Forty-second Amendment. Even before the addition of term, the socialist essence could be found in the Directive Principles of State Policy. The term implies social and economic equality among the people. Secular: The Government respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A state which does not recognise any religion as the state religion, it treats all religions equally. Democratic: The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Republic: A democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. Justice: The term 'justice' in the preamble refers to three varying aspects - Political, Social and Economic which are secured through different provisions of Fundamental Rights &Directive Principles of State Policy.

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Liberty: The ideal of Liberty refers to the freedom on the activities of Indian nationals. All the citizens are secured with liberty of thought, expression, belief, faith & worship through

the Fundamental Rights which are justiciable in nature. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits. Equality: This envisages that no section of the society enjoys special privileges and individuals are provided with adequate opportunities without any discrimination. Again, there are three dimensions of Equality - Polical, Economic & Civic. Fraternity: This refers to a feeling of brotherhood & a sense of belonging with the country among its people.

Do you know: That the preamble is not an integral part of the Indian constitution was declared by the Supreme Court of India in BeruBari case therefore it is not enforceable in a court of law. However, Supreme Court of India has, in the Kesavananda case, overruled earlier decisions and

recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution.

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Chapter 6

The Union and its Territory

Article 1 of the Constitution says, “India, that is Bharat, shall be a Union of States”. the word ‘Union’ was preferred rather than ‘Federation’ because of certain advantages. Union of States means that the Union of India is not a result of an agreement by the States to join in a federation and the Federation not being the result of an agreement, no state has the right to get separated from it. The territory of India comprises the entire geographical territory over which the sovereignty of

India, for the time being, prevails. On the other hand, the Union of India includes only those component units, i.e., the states, which share power with the Centre. The UTs are centrally administered areas governed by the President acting through an Administrator appointed by him. As on date, the territory of India consists of 29 states, 6 UTs and 1 National Capital Territory of Delhi (NCT- Delhi is neither a full state nor a UT). The State of Jammu and Kashmir has been given special status under article 370. which became operative on Nov.17, 1952. the separate Constitution of the State was drafted by the Constituent Assembly of Jammu and Kashmir and became effective on Jan. 26, 1957. The States Reorganization Act, 1956 reorganized the boundaries of different Indian States in order to meet local and linguistic demands. Interestingly, the Union Parliament can by passing a resolution in both Houses of Parliament. 1. form a new state 2. increase the area of any state 3. diminish the area of any state 4. alter the boundaries of any state 5. or alter the name of any state (Art. 4)

NEW STATES IN INDIA CREATED AFTER 1950

Andhra Pradesh

Created by the State of Andhra Pradesh Act 1953 by carving our some areas from the State of Chennai

Gujarat and Maharashtra

The State of Mumbai was divided into two States i.e. Maharashtra and Gujarat by the Mumbai (Reorganisation) Act 1960

Kerala Created by the State Reorganisation Act, 1956. It comprised Travancor and Cochin areas

Karnataka Created from the Princely State of Mysuru by the State Reorganisation Act, 1956. It was renamed Karnataka in 1973

Nagaland It was carved out from the State of Asom by the State of Nagaland Act, 1952

Haryana It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966

Himachal Pradesh

The Union Territory of Himachal Pradesh was elevated to the status of State by the State of Himachal Pradesh Act, 1970

Meghalaya First carved out as a sub-State within the State of Asom by 23 Constitutional Amendment Act, 1969. Later in 1971, it received the status of a full-fledged State by the North-Eastern Areas (Reorganisation) Act 1971

Manipura and Tripura

Both these States were elevated from the status of Union-Territories by the North-Eastern Areas (Reorganisation) Act 1971

Sikkim Sikkim was first given the Status of Associate State by the 35th Constitutional Amendment Act 1974. It got the status of a full State in 1975 by the 36th Amendment Act, 1975

Mizoram It was elevated to the status of a full State by the State of Mizoram Act, 1986

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Arunachal Pradesh

It received the status of a full state by the State of Arunachal Pradesh Act, 1896

Goa Goa was separated from the Union-Territory of Goa, Daman and Diu and was made a full-fledged State of Goa, Daman and Diu Reorganisation Act 1987. But Daman and Diu remained as Union Territory

Chhattisgarh Formed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh on November 1, 2000

Uttarakhand Formed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on November 9, 2000

Jharkhand Formed by the Constitutional Amendment Act, 2000 by dividing Bihar on November 15, 2000

Telangana Created by Andhra Pradesh Re-organisation Act, 2014

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Chapter 7

Citizenship & Fundamental Rights

Citizenship The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and

(a) who was born in India; or (b) either of whose parents was born in India; or (c) who has been ordinarily resident in India for not less than five years became a citizen of India. The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution. Fundamental Rights The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live their lifes in peace as long as they live in Indian democracy. hese include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violation of these rights result in punishments as prescribed in the Indian Penal Code or other special laws, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Aliens (persons who are not citizens) are also considered in matters like equality before law. They are enforceable by the courts, subject to certain restrictions. Originally Constitution provided seven Fundamental Rights viz.

Right to Equality Article 14 :- Equality before law and equal protection of law Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth. Article 16 :- Equality of opportunity in matters of public employment Article 17 :- End of untouchability Article 18 :- Abolition of titles, Military and academic distinctions are,

however, exempted

Right to Freedom Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:- Freedom of Speech and Expression Freedom of Assembly Freedom of form Associations Freedom of Movement Freedom of Residence and Settlement Freedom of Profession, Occupation, Trade and Business Article 20 :- Protection in respect of conviction for offences Article 21 :- Protection of life and personal liberty Article 22 :- Protection against arrest and detention in certain cases

Right Against Exploitation

Article 23 :- Traffic in human beings prohibited Article 24 :- No child below the age of 14 can be employed

Right to freedom of Religion

Article 25 :- Freedom of conscience and free profession, practice and propagation of religion

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Article 26 :- Freedom to manage religious affairs Article 27 :- Prohibits taxes on religious grounds Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions

Cultural and Educational Rights

Article 29 :- Protection of interests of minorities Article 30 :- Right of minorities to establish and administer educational institutions Article 31 :- Omitted by the 44th Amendment Act

Right to Constitutional Remedies

Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) Forms of Writ check Habeas Corpus :- Equality before law and equal protection of law

Right to Property Article 31:- Provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes.

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Chapter 8

Amendment Important Constitutional Amendments

No. Amendments Date Objectives

1 Amend articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and

376. Insert articles 31A and 31B. Insert schedule 9.

18 June 1951

To fully secure the constitutional validity of zamindari abolition laws and to place

reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law

2 Amend article 81(1)(b). 1 May 1953

Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b).

3 Amend schedule 7. 22 Feb 1955

Re-enacted entry 33 of the Concurrent List in the Seventh Schedule with relation to include trade and commerce in, and the production, supply and distribution of 4 classes of essential commodities, viz., foodstuffs, including edible oil seeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute.

4 Amend articles 31, 35 band 305. Amend schedule 9.

27 April 1955

Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution

5 Amend article 3. 24 Dec 1955

Empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. Also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period.

6 Amend articles 269 and 286. Amend schedule 7.

11 Sep 1956

Amend the Union and State Lists with respect to raising of taxes

7 Amend articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232. Insert articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A.

1 Nov 1956

Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories

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Amend part 8. Amend schedules 1, 2, 4 and 7.

8 Amend article 334. 5 Jan 1960

Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970

9 Amend schedule 1. 28 Dec 1960

Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.

10 Amend article 240. Amend schedule 1.

11 Aug 1961

Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal

11 Amend articles 66 and 71. 19 Dec 1961

Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college


20 Dec 1961

Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal

13 Amend article 170. Insert new article 371A.

1 Dec 1963

Formation of State of Nagaland, with special protection under Article 371A

14 Amend articles 81 and 240. Insert article 239A. Amend schedules 1 and 4.

28 Dec 1962

Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa

15 Amend articles 124, 128, 217, 222, 224, 226, 297, 311 and 316. Insert article 224A. Amend schedule 7.

5 Oct 1963

Raise retirement age of High court judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.

16 Amend articles 19, 84 and 173.

Amend schedule 3.

5 Oct 1963

Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic

and prescribe the various obligtory templates

17 Amend article 31A. Amend schedule 9.

20 June 1964

To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution

18 Amend article 3. 27 Aug 1966

Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories


Abolish Election Tribunals and enable trial of election petitions by regular High Courts

20 Insert article 233A. 22 Dec 1966

Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of

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judgement invalidating appointments of certain judges in the state of Uttar Pradesh

21 Amend schedule 8. 10 April 1967

Include Sindhi as an Official Language

22 Amend article 275. Insert articles 244A and 371B.

25 Sep 1969

Provision to form Autonomous states within the State of Assam

23 Amend articles 330, 332, 333 and 334.

23 Jan 1970

Discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Extend reservation for SC/ST and Anglo Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980.

24 Amend articles 13 and 368. 5 Nov 1971

Enable parliament to dilute fundamental rights through amendments to the constitution

25 Amend article 31. Insert article 31C.

20 April 1972

Restrict property rights and compensation in case the state takes over private property

26 Amend article 366. Insert article 363A. Remove articles 291 and 362.

28 Dec 1971

Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic

27 Amend articles 239A and 240. Insert articles 239B and 371C.

15 Feb 1972

Reorganization of Mizoram into a Union Territory with a legislature and council of ministers

28 Insert article 312A. Remove article 314.

29 Aug 1972

Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence

29 Amend schedule 9. 9 June 1972

Place land reform acts and amendments to these act under Schedule 9 of the constitution

30 Amend article 133. 27 Feb 1973

Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of

law

31 Amend articles 81, 330 and 332.

17 Oct 1973

Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise

32 Amend article 371. Insert articles 371D and 371E. Amend schedule 7.

1 July 1974

Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh

33 Amend articles 101 and 190. 19 May 1974

Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker

34 Amend schedule 9. 7 Sep 1974


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35 Amend articles 80 and 81. Insert article 2A. Insert schedule 10.

1 March 1975

Terms and Conditions for the Incorporation of Sikkim into the Union of India

36 Amend articles 80 and 81. Insert article 371F. Remove article 2A. Amend schedules 1 and 4. Remove schedule 10.

26 April 1975

Formation of Sikkim as a State within the Indian Union

37 Amend articles 239A and 240. 3 May 1975

Formation of Arunachal Pradesh legislative assembly

38 Amend articles 123, 213, 239B, 352, 356, 359 and 360.

1 Aug 1975

Enhances the powers of President and G

39 Amend articles 71 and 329. Insert article 329A. Amend schedule 9.

10 Aug 1975

Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi's election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister


27 May 1976

Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India Place land reform & other acts and amendments to these act under Schedule 9 of the constitution

41 Amend article 316. 7 Sep 1976

Raise Retirement Age Limit of Chairmen and Members of Joint Public Service Commissions and State Public Service Commissions from sixty to sixty two.

42 Amend articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F. Insert articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A. Insert parts 4A and 14A. Amend schedule 7.

1 April 1977

Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a "Socialist Secular" Republic

43 Amend articles 145, 226, 228 and 366. Remove articles 31D, 32A, 131A, 144A, 226A and 228A.

13 April 1978

Amendment passed after revocation of internal emergency in the Country. Repeals some of the more 'Anti-Freedom' amendments enacted through Amendment Bill 42

44 Amend articles 19, 22, 30, 31A, 31C, 38, 71, 74, 77, 83, 103, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 192, 194, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360 and 371F. Insert articles 134A and 361A.

6 Sep 1978

Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42

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Remove articles 31, 257A and 329A. Amend part 12. Amend schedule 9.


Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990

46 Amend articles 269, 286 and 366. Amend schedule 7.

2 Feb 1983

Amendment to negate judicial pronouncements on scope and applicability on Sales Tax

47 Amend schedule 9. 26 Aug 1984


48 Amend article 356. 1 April 1985

Article 356 amended to permit President's rule up to two years in the state of Punjab

49 Amend article 244. Amend schedules 5 and 6.

11 Sep 1984

Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council


Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure

51 Amend articles 330 and 332. 16 June 1986

Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies

52 Amend articles 101, 102, 190 and 191. Insert schedule 10.

1 March 1985

Anti Defection Law - Provide disqualification of members from parliament and assembly in case of defection from one party to other

53 Insert article 371G. 20 Feb 1987

Special provision with respect to the State of Mizoram.

54 Amend articles 125 and 221. Amend schedule 2.

1 April 1986

Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment

55 Insert article 371H. 20 Feb 1987

Special powers to Governor consequent to formation of state of Arunachal Pradesh

56 Insert article 371I. 30 May 1987

Transition provision to enable formation of state of Goa


Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies

58 Insert article 394A. Amend part 22.

9 Dec 1987

Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments

59 Amend article 356. Insert article 359A.

30 March 1988

Article 356 amended to permit President's rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab

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Profession Tax increased from a minimum of Rs. 250/- to a maximum of Rs. 2500/-

61 Amend article 326. 28 March 1989

Reduce age for voting rights from 21 to 18



63 Amend article 356. Remove article 359A.

6 Jan 1990

Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed

64 Amend article 356. 16 April 1990

Article 356 amended to permit President's rule up to three years and six months in the state of Punjab


National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution.

66 Amend schedule 9. 7 June 1990


67 Amend article 356. 4 Oct 1990

Article 356 amended to permit President's rule up to four years in the state of Punjab


Article 356 amended to permit President's rule up to five years in the state of Punjab

69 Insert articles 239AA and 239AB.

1 Feb 1992

To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory

70 Amend articles 54 and 239AA. 21 Dec 1991

Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election


Include Konkani, Manipuri and Nepali as Official Languages


Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly

73 Insert part 9. 24 April 1993

Statutory provisions for Panchyat Raj as third level of administration in villages

74 Insert part 9A. 1 June 1993

Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities

75 Amend article 323B. 15 May 1994

Provisions for setting up Rent Control Tribunals


Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution

77 Amend article 16. 17 June 1995

A technical amendment to protect reservation to SC/ST Employees in promotions

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80 Amend articles 269 and 270. Remove article 272.

9 June 2000

Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre


Protect SC / ST reservation in filling backlog of vacancies


Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates

83 Amend article 243M. 8 Sep 2000

Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions

84 Amend articles 55, 81, 82, 170, 330 and 332.

21 Feb 2002

Extend the usage of 1971 national census population figures for statewise distribution of parliamentary seats


A technical amendment to protect Consequential seniority in case of promotions of SC/ST Employees

86 Amend articles 45 and 51A. Insert article 21A.

12 Dec 2002

Provides Right to Education until the age of fourteen and Early childhood care until the age of six

87 Amend articles 81, 82, 170 and 330.

22 June 2003

Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats

88 Amend article 270. Insert article 268A Amend schedule 7.

15 Jan 2004

To extend statutory cover for levy and utilization of Service Tax

89 Amend article 338. Insert article 338A.

28 Sep 2003

The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes


Reservation in Assam Assembly relating to Bodoland Territory Area

91 Amend articles 75 and 164. Insert article 361B. Amend schedule 10.

1 Jan 2004

Restrict the size of council of ministers to 15% of legislative members & to strengthen Anti Defection laws

92 Amend schedule 8. 7 Jan 2004

Include Bodo, Dogri, Santali and Maithali as official languages


To enable provision of reservation(27%) for other backward classes (O.B.C.) in government as well as private educational institutions


To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States including Madhyapradesh, Orissa.

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To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years

96 Amend schedule 8. 23 Sep 2011

Substituted "Odia" for "Oriya"

97 Amend Art 19 and added Part IXB.

12 Jan 2012

Added the words "or co-operative societies" after the word "or unions" in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies. The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected

to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.

98 To insert Article 371J in the Constitution

2 Jan 2013

To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

99 Insertion of new articles 124A, 124B and 124C. Amendments to Articles 127, 128, 217, 222, 224A, 231.

31 Dec 2014

The amendment provides for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill.

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Chapter 9

DPSP’s Directive Principles of State Policy

•The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies.

•These provisions, contained in Part IV (articles 36 to 50,)of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.

•The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

•Articles related to The Directive Principles of State Policy are from articles 36 to 50,

•Changes in Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house – whether the Lok Sabha or Rajya Sabha.

•Directive Principles are classified under the following categories: 1. Socialistic 2. Gandhian & 3. Liberal-intellectual.

►Socio-Economic Principles: Principal among this category of directives are a) Securing welfare of the people (Art. 38) b) Securing proper distribution of material resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. Etc. (Art.39), c) Curing right to work, education etc. Art. (41), d) Securing just and humane conditions of work and maternity relief (Art. 42) etc.

►Gandhian Principles: Such directives are spread over several Arts. Principal among such directives are a) To organize village panchayats (Art. 40), b) To secure living wage, decent standard of life, and to promote cottage industries (Art.43), c) To provide free and compulsory education to all children up to 14 years of age (Art. 45), d) To promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes, e) To enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal husbandry on scientific lines (Arts. 46-48). ►Liberal Principles: Principal among such directives are

a) To secure uniform civil code throughout the country (Art.44), b) To separate the judiciary from the executive (Art.50), c) To protect monuments of historic and national importance and d) To promote international peace and security.

Sir B. N. Rau regards DPSP as “moral precepts” with an educative value.

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Ambedkar considered them as powerful instruments for the transformation of India from a political democracy into an economic democracy. The directive principles according to Granville Austin, are “positive obligations”

Differences between Fundamental Rights and Directive Principles of State Policy 1. The Fundamental Rights can be enforceable by a court against the State on the other hand The Directive Principles of State Policy can not be enforceable by any Court i.e. the Directives are non-justiciable while Fundamental rights are justiciable. 2. The Fundamental Rights constitute limitations upon State actions while The directives are a set of positive directions. The state is urged to do something to transform India into a social and economic democracy. 3. In case of any conflict between the Fundamental Rights and Directives, the Fundamental Rights shall prevail , unless the conflict arises out of a law to implement the Directives in Art. 39 (b)-(c), i.e. for the socialisation of the means of production and the material resources of

the nation. 4. FRs can be suspended except the rights mentioned in Article 20 and 22 during emergencyon the other hand DPSPs can never be suspended under any condition.

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Chapter 10

President The President of India is the head of state of the Republic of India. The President is the formal head of the executive, legislature and judiciary of India and is the commander-in-chief of the Indian Armed Forces.

Qualifications: Article 58 of the Constitution sets the principle qualifications one must meet to be eligible to the office of the President. A President must be:

• A citizen of India

• Of 35 years of age or above

• Qualified to become a member of the Lok Sabha

• Must not holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Exception:

1. The current Vice President. 2. The Governor of any State. 3. A Minister of the Union or of any State (Including Prime Minister and Chief Ministers)

Election Process:

• Whenever the office becomes vacant, the new President is chosen by an electoral college consisting of the elected members of both houses of Parliament(M.P.), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (M.L.A.) of two Union Territories i.e., National Capital Territory(NCT) of Delhi and Union Territory of Puducherry.

• The nomination of a candidate for election to the office of the President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of 15,000 (US$240) in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

• The election is held in accordance to the system of Proportional representation by means of Single transferable vote method. The Voting takes place by secret ballot system. The manner of election of President is provided by Article 55 of the Constitution.

Term length Five years (renewable)

First President Rajendra Prasad

Salary 150000 (US$2,400) (Per Month)

Oath by Chief Justice of India

Removal/Impeachment (Article-61):

• The President may be removed before the expiry of the term through impeachment. A President can be removed for violation of the Constitution of India.

• The process may start in either of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice that has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

• A resolution to impeach the President has to be passed by a special majority (two-third majority of the total number of members of the originating house). It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend oneself through an authorised counsel. If the second house

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also approves the charges made by special majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands

passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.

• No president has faced impeachment proceedings so the above provisions have never been used

Powers and Duties Duties: The primary duty of the President is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution).[10] He is liable for impeachment for violation of the constitution (Article 61). President is the common head of all independent constitutional entities. Legislative Powers:

• Legislative power is constitutionally vested in the Parliament of India of which the president is the head to facilitate law making process as per constitution (Article 78, Article 86, etc.).

• The President summons both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament and prorogues them. He can dissolve the Lok Sabha.

• As per Article 74, President shall abide by the aid and advice of the Council of Ministers headed by the Prime Minister provided the given advice is in accordance with the constitution.

• Article 143 gave power to the president to consult supreme court for constitutional validity of any issue.

• The President inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Presidential address on these occasions is generally meant to outline the new policies of the government.

• All bills passed by the Parliament can become laws only after receiving the assent of the President.

• After a bill is presented to him, the President shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to the Parliament, if it is not a money bill or a constitutional amendment bill, for reconsideration. When, after reconsideration, the bill is passed and presented to the President, with or without amendments, the President cannot withhold his assent from it.

• The President can also withhold his assent to a bill when it is initially presented to him (rather than return it to the Parliament) thereby exercising a pocket veto.

• When either of the two Houses of the Parliament of India is not in session, and if government feels the need for immediate procedure, the President can promulgate ordinances which have the same force and effect as laws passed by Parliament. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier. Appointment Powers: The President is responsible for making a wide variety of appointments. These include-

• The President appoints, as Prime Minister, the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.

• The President appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service.

• Governors of States

• The Chief Justice, other judges of the Supreme Court and High Courts of India

• The Chief Minister of National capital territory of Delhi (Article 239 AA 5 of the constitution)

• The Attorney General

• The Comptroller and Auditor General

• The Chief Election Commissioner and other Election Commissioners

• The Chairman and other Members of the Union Public Service Commission

• Vice Chancellor of central university and academic staff of central university through his nominee

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• Ambassadors and High Commissioners to other countries Financial Powers

• All money bills originate in Lok Sabha / House of the people (Article 109).

• The president shall cause to be laid before Parliament (Article 112), the Annual Budget and supplementary Budget for its approval.

• No money bill can be introduced in Parliament without his or her assent.

• The President appoints a finance commission every five years.

• Withdrawal from the contingency fund of India is done after the permission of the President.

• The Contingency Fund of India is at the disposal of the President. Diplomatic Powers

All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament. The President represents India in international

forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats, i.e. the officers from the Indian Foreign Service. The President is the first citizen of the country.

Military Powers The President is the Commander-in-Chief of the Defence forces of India. The President can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of the Chiefs of Staffs of the Armed Forces, Military Secretary and President's Officer (Deputy Military Secretary). All important treaties and contracts are made in the President's name.He also appoints the chiefs of the service branches of the armed forces.

Pardoning Powers As mentioned in Article 72 of Indian Constitution, the President is empowered with the powers to grant pardons in the following situations:

• Punishment is for offence against Union Law

• Punishment is by a Military Court

• Sentence is that of death

• The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his executive powers on the advice of the Prime Minister and the cabinet.

Emergency powers

The President can declare three types of emergencies :- National, State, Financial under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.

National emergency (Article-352)

• National emergency can be declared in the whole of India or a part of its territory on causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance").

• Under Article 352 of the India Constitution, the President can declare such an emergency only on the basis of a written request by the Cabinet Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, there's no maximum duration.

• In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended (Article 21).

• The President can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws).Also, all money bills are referred to the President for its approval.

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• The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency. State Emergency (Article-356)

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of 2 months.

Financial emergency (Article- 360)

• Under article 360 of the constitution, President can proclaim financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However till now, no guide lines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation, are framed either by finance commission or by central government. Such an emergency must be approved by the Parliament within two months by simple majority. It has never been declared.

• A state of financial emergency remains in force indefinitely until revoked by the President.

The President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts, in case of a financial emergency

Interesting Facts about Presidents of India » Rashtrapati Bhavan which is the Official Residence of President of India was earlier called Viceroy’s House. » Rashtrapati Bhavan was built under Charles Hardinge who was the then Viceroy of India. This Viceroy’s House was renamed as Rashtrapati Bhavan when Rajendra Prasad became the first President and occupied this building. » V V Giri became first Acting President of India in 1969 after the death of Zakir Hussain in office. » V V Giri was elected full feldged President just after few months. He was the only person who worked as Acting President and President. » There were 2 Presidents who died during their incumbency period i.e. on Chair. They were – Zakir Husain and Fakhruddin Ali Ahmad. » Rajendra Prasad was the first President of Republic India. He was the only person who held the chair twice. » 4 Presidents have received Bharat Ratna

• S Radhakrishnan in 1954

• Rajendra Prasad in 1962

• Zakir Hussain in 1963

• APJ Abdul Kalam in 1997 » The only woman to serve the post of President was Pratibha Patil who was the 12th President. » The only President (Acting) who worked earlier as Chief Justice of India is Justice Hidayatullah. » The only President from Janta Party was Neelam Sanjiva Reddy. » The only President who earlier worked as Speaker of Lok Sabha – Neelam Sanjiva Reddy. » The only President who earlier worked as 1 st Chief Minister of a State was Neelam Sanjiva Reddy. He was the first Chief Minister of Andhra Pradesh.

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Chapter 11

Vice- President

• The Vice President of India is the second-highest constitutional office in India, after the President. Article 63 of Indian Constitution states that there shall be a Vice-President of India.

• The Vice President shall act as President in the absence of the President due to death, resignation, impeachment, or other situations.

• The Vice President of India is also ex officio Chairperson of the Rajya Sabha Qualifications:

• Citizen of India

• More than 35 years of Age

• Posses the qualification of membership of Rajya Sabha

• Not hold any office of profit under union, state of local authority. However, for this purpose, the President, Vice-President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit.

Election Process:

• Elected by both the houses (Electoral College) in accordance with the system of proportional representation by means of single transferable vote and the vote being secret. Nominated members also participate in his election

• The Supreme court has the final and exclusive jurisdiction for resolving disputes and doubts relating to the election of the Vice President of India.

Points To Remember:

• The Vice President holds office for five years. He/she can be re-elected any number of times.

• The President administers the oath of office and secrecy to the Vice-President.

• The Vice President cannot be formally impeached, unlike the President. The Constitution states that the Vice President can be removed by a resolution of the Rajya Sabhapassed by an effective majority (more than 50% of effective membership(total membership-vacancies)) and agreed to by a simple majority (50% of voting members) of the Lok Sabha (Article 67(b)).

• There is no specific provision of salary/pension for the ex officio Vice President, per se. He/she receives the salary of the Chairman of the Rajya Sabha, which is currently Rs. 1,25,000 per month.

• The constitution provides that when the ex officio Vice President acts as the President or discharges the duties of the President, he/she is entitled to the salary and privileges of the President.

• All bills, resolution, motion can be taken in Rajya Sabha after his consent.

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Chapter 12

Prime Minister •The Prime Minister of India, as addressed in the Constitution of India, is the chief of government, chief adviser to the President of India.

•He is head of the Council of Ministers and the leader of the majority party in the parliament.

•Real executive authority

•He is the ex-officio Chairman of the NITI Aayog, National Development Council, National Integration Council and Inter state Council ►Qualification: He must

•be a citizen of India.

•be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as the prime minister is neither a member of the Lok Sabha nor the Rajya Sabha at the time of selection, he or she must become a member of either of the houses within six months.

•be above 25 years of age if he or she is a member of Lok Sabha or above 30 years of age if he is a member of the Rajya Sabha.

•not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. ►Points To Remember:

•Oath administered by President

•Can recommend to the President to declare emergency on grounds of war, external aggression or armed rebellion

•Advises President about President’s Rule in the State or emergency due to financial instability

•Term is Five years

•The Prime Minister of India will be drawing a monthly salary of Rs. 1.6 lakh. His basic salary is Rs 50,000

The first was Jawaharlal Nehru of the Indian National Congress party, who was sworn-in on 15 August 1947, when India gained independence from the British. Serving until his death in May 1964, Nehru remains India's longest-serving prime minister.

►Articles in The Constitution Related to Prime Minister: Article 53(1) — The executive powers of the Union shall be vested in the president and shall be exercised either directly or through subordinate officers, in accordance with the Constitution. Article 74(1) — There shall be a Council of Ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice. Article 75(1) — The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. List of Indian Prime Ministers So Far:

№ Name Party (Alliance) Term of office

1 Jawaharlal Nehru Indian National Congress

15 Aug 1947

27 May 1964

16 years, 286 days

- Gulzarilal Nanda Indian National Congress

27 May 1964

9 June 1964

13 days

2 Lal Bahadur Shastri

Indian National Congress

9 June 1964

11 Jan 1966

1 year, 216 days

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- Gulzarilal Nanda Indian National Congress

11 Jan 1966

24 Jan 1966

13 days

3 Indira Gandhi Indian National Congress

24 Jan 1966

24 March 1977

11 years, 59 days

4 Morarji Desai Janata Party 24 March 1977

28 July 1979

2 years, 126 days

5 Charan Singh Janata Party (Secular) with INC

28 July 1979

14 Jan 1980

170 days

(3) Indira Gandhi Indian National Congress (I)

14 Jan 1980

31 Oct 1984

4 years, 291 days

6 Rajiv Gandhi Indian National Congress (I)

31 Oct 1984

2 Dec 1989

5 years, 32 days

7 V. P. Singh Janata Dal (National Front)

2 Dec 1989

10 Nov 1990

343 days

8 Chandra Shekhar Samajwadi Janata Party with INC

10 Nov 1990

21 June 1991

223 days

9 P. V. Narasimha Rao

Indian National Congress (I)

21 June 1991

16 May 1996

4 years, 330 days

10 Atal Bihari Vajpayee

Bharatiya Janata Party 16 May 1996

1 June 1996

13 days

11 H. D. Deve Gowda Janata Dal (United Front)

1 June 1996

21 Apr 1997

324 days

12 I. K. Gujral Janata Dal (United Front)

21 Apr 1997

19 March 1998

332 days

(10) Atal Bihari Vajpayee

Bharatiya Janata Party (NDA)

19 March 1998

22 May 2004

6 years, 64 days

13 Manmohan Singh Indian National Congress (UPA)

22 May 2004

26 May 2014

10 years, 4 days

14 Narendra Modi Bharatiya Janata Party (NDA)

26 May 2014

Incumbent

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Chapter 13

Council of Ministers

• The Union Council of Ministers exercises executive authority in the Republic of India

• There are three categories of ministers, in descending order of rank:

1. Cabinet Minister: member of cabinet; leads a ministry 2. Minister of State (Independent Charges): junior minister not reporting to a cabinet minister 3. Minister of State (MoS): junior minister reporting to a cabinet minister, usually tasked with a specific responsibility in that ministry Points to Remember:

• The Prime minister is the member of cabinet in the executive branch of government in a parliamentary system.

• The Prime minister selects and can dismiss other members of the cabinet.

• Cabinet minister attend meeting of the Cabinet

• Ministers of state are not member of cabinet and they attend the Cabinet meeting if they are invited only.

• Minister are collectively responsible to the Parliament and they are individually responsible to the President

• A non MP can be appointed as minister but he/she can continue as Minister for more than 6 month in he/she secures a seat in either House of Parliament.

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Chapter 14

Attorney-General for India

• The Attorney General for India is the Indian government's chief legal advisor, and its primary lawyer in the Supreme Court of India.

• He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President.

• He must be a person qualified to be appointed as a Judge of the Supreme Court.

• The Attorney General is assisted by a Solicitor General and four Additional Solicitors General.

• The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted.

• Mukul Rohatgi is the current Attorney General of India.

• Ranjit Kumar is the present Solicitor General.

• The Solicitor General of India is appointed for the period of 3 years. Fees Payable For Appearance And Other Work

Nomenclature of the item of work Rates of fees payable for appearance and other work

Suits, writ petitions, appeals and references under article 143 Rs. 16,000/- per case per day

Special leave petitions and other applications Rs. 10,000/- per case per day

Settling pleadings (including affidavits) Rs. 5,000/- per pleading

Settling Statement of Case Rs. 6,000/- per case

For giving opinions in statements of cases sent by the Ministry of Law

Rs. 10,000/- per case

For written submission before the Supreme Court, High Court, and Commissions of Inquiry or Tribunals and the like

Rs. 10,000/- per case

Appearance in Courts outside Delhi Rs. 40,000/- per day per case

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Chapter 15

Parliament of India

• Parliament is the supreme legislative body of India.

• The Indian Parliament comprises

1. The President of India 2. Lok Sabha (House of the People) 3. Rajya Sabha (Council of States).

• The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

• India's government is bicameral; Rajya Sabha is the upper house and Lok Sabha is the lower house.

• The two houses meet in separate chambers in the Sansad Bhavan Lok Sabha:

• Lok Sabha is also known as the "House of the People" or the lower house

• The Constitution provides that the maximum strength of the House be 552 members.

• Up to 530 members represent of the territorial constituencies in States, up to 20 members represent the Union Territories and no more than two members from Anglo-Indian community can be nominated by the President of India if he or she feels that the community is not adequately represented. House seats are apportioned among the states by population .

• It has a current strength of 543 members.

• To be eligible for membership in the Lok Sabha, a person must be a citizen of India and must be 25 years of age or older, mentally sound, should not be bankrupt and should not be criminally convicted.

• The Women's Reservation Bill proposes reserving 33% of the seats in Lok Sabha for women. Rajya Sabha:

• The Rajya Sabha is also known as "Council of States " or the upper house.

• Rajya Sabha is a permanent body and is not subject to dissolution; instead one third of the members retire every second year, being replaced by newly elected members.

• Each member is elected for a term of six years.

• Its members are indirectly elected by members of legislative bodies of the States

• The Rajya Sabha can have a maximum of 250 members in all.

• 238 members are to be elected from States and Union Territories and 12 are to be nominated by the President of India and shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely literature, science, art and social service.

• The minimum age for a person to become a member of Rajya Sabha is 30 years.

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Chapter 16

The State Executive & The State

Legislature Governor

• The governors and lieutenant-governors of the states and union territories of India have similar powers and functions at the state level as that of the President of India at Union level.

• Governors exist in the states while lieutenant-governors exist in union territories and in the National Capital Territory of Delhi.

• Governor acts as the nominal head whereas the real power lies in the hand of the chief ministers of the states and the chief minister's Council of Minister .

• In India, a lieutenant governor is in charge of a Union Territory. However the rank is present only in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry

• However the governor of Punjab acts as the administrator of Chandigarh. Qualifications: A governor must:

• be a citizen of India;

• be at least thirty-five (35)years old;

• not be a member of the either house of the parliament or house of the state legislature.

• not hold any other office of profit. Points to Remember: The term of governor's office is normally 5 years but it can be terminated earlier by:

1. Dismissal by the president on the advice of the prime minister of the country, at whose pleasure the governor holds office. 2. Resignation by the governor

• There is no provision of impeachment, as it happens for the president.

• The governor enjoys many different types of powers: 1. Executive powers related to administration, appointments and removals, 2. Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad, 3. Discretionary powers to be carried out according to the discretion of the governor.

State Legislature

• The legislature of State consist of the Governor and one or two Houses.

• The Indian Constitution allows states to have either a unicameral or bicameral legislature.

• State governments legislatures are bicameral in seven states (Uttar Pradesh, Maharashtra, Bihar, Karnataka, Jammu and Kashmir, Andhra Pradesh, Telangana) and unicameral in the rest. Legislative Assembly/ Vidhan Sabha / विधान सभा

• Legislative Assembly, is the lower house (in states with bicameral) or the sole house (in unicameral states) of the provincial (state) legislature in the different states of India.

• Members of a Vidhan Sabha are direct representatives of the people of the particular state as they are directly elected by an electorate consisting of all citizens above the age of 18 of that state

• Its maximum size as outlined in the Constitution of India is not more than 500 members and not less than 60 members.

• However, the size of the Vidhan Sabha can be less than 60 members through an Act of Parliament: such is the case in the states of Goa, Sikkim, Mizoram and the Union Territory of Puducherry

• The Governor can appoint 1 member to represent minorities, e.g. the Anglo-Indian community, if he finds inadequately representation in the House.

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• Those elected or nominated (by the Governors) to Vidhan Sabha are referred to as members of Legislative Assembly or MLAs.

• Each Vidhan Sabha assembles for a five-year term, after which all seats are up for election. During a State of Emergency, its term may be extended past five years or it may be dissolved. Legislative Council/ Vidhan Parishad / विधान परिषद

• Legislative Council is the upper house in those states of India that have a bicameral legislature.

• Legislative Council is a permanent body and cannot be dissolved

• Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of a Council's members expire every two years. Qualification:

• MLCs must be citizens of India, at least 30 years' old, mentally sound, not an insolvent, and on the voters' list of the state for which he or she is contesting an election.

• He or she may not be a Member of Parliament at the same time. Points to Remember:

• The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan Sabha

• However, its size cannot be less than 40 members (except in Jammu and Kashmir, where there are 36 by an Act of Parliament.) Number of Seats and Type of Legislature in States

State Legislature Size

West Bengal Unicameral 295

Tamil Nadu Unicameral 234

Madhya Pradesh Unicameral 231

Rajasthan Unicameral 200

Gujarat Unicameral 182

Orissa Unicameral 147

Kerala Unicameral 141

Assam Unicameral 126

Punjab Unicameral 117

Haryana Unicameral 90

Chhattisgarh Unicameral 90

Jharkhand Unicameral 81

Himachal Pradesh Unicameral 68

Arunachal Pradesh Unicameral 60

Tripura Unicameral 60

Nagaland Unicameral 60

Manipur Unicameral 60

Meghalaya Unicameral 60

Goa Unicameral 40

Mizoram Unicameral 40

Sikkim Unicameral 32

Uttarakhand Unicameral 70

Pondicherry Unicameral 30

Delhi Unicameral 70

State Legislature Size

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Uttar Pradesh Bicameral 404 + 100

Maharashtra Bicameral 289 + 78

Bihar Bicameral 243 + 75

Karnataka Bicameral 224 + 75

Jammu and Kashmir Bicameral 89 + 36

Andhra Pradesh Bicameral 175 + 50

Telangana Bicameral 119 + 40

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Chapter 17

Judiciary system of India

• The Indian Judicial System is one of the oldest legal systems in the world today.

• It is partly a continuation of the British legal system established by the British in the mid-19th century based on a typical hybrid legal system known as the Common Law System.

• There are various levels of judiciary in India – different types of courts, each with varying

powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

• Courts hear criminal and civil cases, including disputes between individuals and the government.

• The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Supreme Court of India • On 26 January 1950, the day India's constitution came into force, the Supreme Court of India was formed in Delhi.

• The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India.

• In order to be appointed as a Judge of the Supreme Court, a person must be

• a citizen of India and must have been, for at least five years, a Judge of a high court or of two or more such Courts in succession, or an advocate of a high court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the president, a distinguished jurist. Provisions exist for the appointment of a Judge of a high court as an ad hoc judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as Judges of that Court. Points to Remember:

• Supreme Court judges retire at the age of 65 which is 3 years more than the retirement age of a judge of the High Court.

• A judge gets 90,000 and the Chief Justice gets a sum of 100,000.

• A judge of the Supreme Court can be removed by Impeachment under the Constitution only

on grounds of proven misconduct or incapacity and by an order of the President of India, after a notice signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of the Rajya Sabha (Council of the States) is passed by a two-third majority in each House of the Parliament.

• A person who has retired being a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

High courts • There are 24 High Courts at the State level.

• Article 141 of the Constitution of India mandates that they are bound by the judgments and orders of the Supreme Court of India by precedence.

• Each High Court has jurisdiction over a state, a union territory or a group of states and union territories.

• In order to be appointed as a Judge of the High Court, a person must be

• a citizen of India

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• Not above 62 years of age.

• Must have at 10 years of judicial office in the territory of India or experience of at least 10 years as advocate of a High Court, or of two or more such courts in succession in India. Points to Remember:

• Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state.

• The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher

• The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862.

• A judge of High Courtcan hold office until the age of 62 years.

• Removal of any Judge of High Court is same as of judge of Supreme Court.

High-Court : Seats & Jurisdiction List of High-Courts in India

State or UT Court Seat

Andaman and Nicobar Islands

Calcutta Kolkata (Bench at Port Blair)

Arunachal Pradesh Gauhati Guwahati (Bench at Itanagar)

Andhra Pradesh of Judicature at Hyderabad

Hyderabad

Assam Gauhati Guwahati

Bihar Patna Patna

Chhattisgarh Chhattisgarh Bilaspur

Chandigarh Punjab and Haryana Chandigarh

Dadra and Nagar Haveli Bombay Mumbai

Daman and Diu Bombay Mumbai

National Capital Territory of Delhi

Delhi New Delhi

Goa Bombay Mumbai (Bench at Panaji)

Gujarat Gujarat Ahmedabad

Haryana Punjab and Haryana Chandigarh

Himachal Pradesh Himachal Pradesh Shimla

Jammu and Kashmir Jammu and Kashmir Srinagar/Jammu

Jharkhand Jharkhand Ranchi

Karnataka Karnataka Bengaluru (Bench at Dharwad andGulbarga)

Kerala Kerala Kochi

Lakshadweep Kerala Kochi

Madhya Pradesh Madhya Pradesh Jabalpur (Bench at Gwalior andIndore)

Maharashtra Bombay Mumbai (Bench at Aurangabad andNagpur)

Manipur Manipur Imphal

Meghalaya Meghalaya Shillong

Mizoram Gauhati Guwahati (Bench at Aizawl)

Nagaland Gauhati Guwahati (Bench at Kohima)

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Odisha Orissa Cuttack

Puducherry Madras Chennai

Punjab Punjab and Haryana Chandigarh

Rajasthan Rajasthan Jodhpur (Bench at Jaipur)

Sikkim Sikkim Gangtok

Tamil Nadu Madras Chennai (Bench at Madurai)

Telangana of Judicature at Hyderabad

Hyderabad

Tripura Tripura Agartala

Uttarakhand Uttarakhand Nainital

Uttar Pradesh Allahabad Allahabad (Bench at Lucknow)

West Bengal Calcutta Kolkata

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Chapter 18

Election Commission of India

•The Election Commission of India is an autonomous body established by the Constitution of India.

•It is responsible for administering election processes to Lok Sabha, Rajya Sabha, State Legislatures and the offices of the President and Vice President in India.

•The Election Commission is not concerned with the elections to Panchayats and Municipalities in the States.

•Article 324(2) of the Constitution provides that the Commission will be composed of a Chief Election Commissioner aided by other Election Commissioners appointed by the President of India.

•Originally in 1950, the commission had only a Chief Election Commissioner. Two additional Commissioners were appointed to the commission for the first time on 16 October 1989, but they had a very short tenure—until 1 January 1990.

•The Election Commissioner Amendment Act, 1993 made the Election Commission a multi-member body. The concept of a 3-member Commission has been in operation since then, with decision-making power by majority vote.

•The term of the Chief election Commissioner is for 6 years or till he/she attains the age of 65 years, whichever is earlier. And not eligible for reappointment.

•Election Commissioner can not hold any other office of profit even after retirement.

•The Chief Election Commissioner of India can be removed from his office by Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or incapacity.

•Other Election Commissioners can be removed by the President on the recommendation of the

Chief Election Commissioner.

•A Chief Election Commissioner has never been impeached in India.

•In 2009, just before the 2009 Lok Sabha Elections, CEC N Gopalaswami sent a recommendation to President Patil to remove Election Commissioner Navin Chawla, who was soon to take office as a Chief Election Commissioner and to subsequently supervise the Lok Sabha Election, citing his partisan behaviour in favour of one political party. The President opined that such a recommendation is not binding on the President, and hence rejected it.

List of Chief Election Commissioners:

S.No. Name Took Office Left Office

1 Sukumar Sen 21 March 1950 19 December 1958

2 Kalyan Sundaram 20 December 1958 30 September 1967

3 S. P. Sen Verma 1 October 1967 30 September 1972

4 Nagendra Singh 1 October 1972 6 February 1973

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5 T. Swaminathan 7 February 1973 17 June 1977

6 S. L. Shakdhar 18 June 1977 17 June 1982

7 R. K. Trivedi 18 June 1982 31 December 1985

8 R. V. S. Peri Sastri 1 January 1986 25 November 1990

9 V. S. Ramadevi 26 November 1990 11 December 1990

10 T. N. Seshan 12 December 1990 11 December 1996

11 M. S. Gill 12 December 1996 13 June 2001

12 J. M. Lyngdoh 14 June 2001 7 February 2004

13 T. S. Krishnamurthy 8 February 2004 15 May 2005

14 B. B. Tandon 16 May 2005 29 June 2006

15 N. Gopalaswami 30 June 2006 20 April 2009

16 Navin Chawla 21 April 2009 29 July 2010

17 S. Y. Quraishi 30 July 2010 10 June 2012

18 V. S. Sampath 11 June 2012 15 January 2015

19 H. S. Brahma 16 January 2015 18 April 2015

20 Nasim Zaidi 19 April 2015 Incumbent

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Chapter 19

CAG: Comptroller and Auditor General

of India [भाित के वनयंत्रक- महालेखापिीक्षक (वनमलेप)]

•The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution under Constitution of India/Part V Chapter V/Sub-part 7B/Article 148,

•The CAG is mentioned in the Constitution of India under Article 148 – 151.

•CAG audits all receipts and expenditure of the Government of India and the state governments,

including those of bodies and authorities substantially financed by the government.

•The CAG is also the external auditor of Government-owned corporations and conducts supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 per cent or subsidiary companies of existing government companies.

•The reports of the CAG are taken into consideration by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures.

•The Comptroller and Auditor-General of India is appointed by the President of India following a recommendation by the Prime Minister. On appointment, he/she has to make an oath or affirmation before the President of India.

•Term length of CAG is 6 yrs or up to 65 yrs of age

•The CAG can be removed only on an address from both house of parliament on the ground of proved misbehaviour or incapacity. The CAG vacates the office on attaining the age of 65 years age even without completing the 6 years term.

•Expenses and salary drawn upon Consolidated Fund of India.

•V. Narahari Rao was the First CAG of India.

•Shashi Kant Sharma is the Incumbent Comptroller and Auditor General of India. He succeeded Vinod Rai as the supreme auditor of the Constitutional body on 23 May 2013. Article 148 Comptroller and Auditor-General of India 1)There shall be a Comptroller and Auditor General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court 2)Every person appointed to be the Comptroller and Auditor General of India shall, before he

enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule 3)The salary and other conditions of service of the Comptroller and Auditor General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule: Provided that neither the salary of a Comptroller and Auditor General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment 4)The Comptroller and Auditor General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office 5)Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor General

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6)The Administrative expenses of the office of the Comptroller and Auditor General, including all salaries, allowances and pensions payable to or in respect of pensions serving

in that office, shall be charged upon the Consolidated Fund of India. Article 149 in The Constitution Of India Duties and powers of the Comptroller and Auditor General The Comptroller and Auditor General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively. Article 150 in The Constitution Of India Form of accounts of the Union and of the States The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor

General of India, prescribe by the President on advice of the CAG. Article 151 Audit Reports 1)The reports of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament 2)The reports of the Comptroller and Auditor General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State PART VI THE STATES CHAPTER I GENERAL

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Chapter 20 The Panchayati Raj: Three-Tier

System of Governance in Rural India

•The basic concept of Panchayati Raj is the villagers should think, decide and act in their own socio economic interest. Thus the Panchayati raj Act is related to village self governance.

•In 1956, the National Development Council appointed a committee under Balwant Rai Mehta, which submitted its report in 1957.

•On the recommendations of Balwant Rai Mehta committee Panchayati Raj was introduced in 1959 as a three tier structure of self government.

•Panchayati Raj consists of: 1. Village-level Panchayats 2. Block-level Panchayats 3. District-level Panchayats.

►Village Panchayat: •In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a Panchayat for each village or a group of villages in case the population of these villages happens to be too small.

•Gram Sabha, a general body of villagers, consists of all the adults residing within the jurisdiction of the Panchayat.

•The Panchayat is accountable for all its actions to the Gram Sabha,

•The Panchayat chiefly consists of representatives elected by the people of the village.

•Chairman is elected from among its members, known as ‘Sarpanch’.

•Sarpanch is an ex-officio member of the Panchayat Samiti and participates in its decision-making as well as in the election of the Pradhan and of the members of various Standing Committees.

►Block & Panchayat Samiti: •Panchayat Samiti is a local government body at the tahsil (taluka) level.

•It works for the villages of the tahsil that together are called a Development Block.

•The Panchayat Samiti is the link between the Gram Panchayat (village council) and the zila parishad (district board).

•There are a number of variations in the name of this institution in the various states. For example, it is known as Mandal Praja Parishad in Andhra Pradesh, Taluka Panchayat in Gujarat, and Mandal Panchayat in Karnataka.

•The block, consisting of 20-60 villages, administered through a Panchayat Samiti, consisting of indirectly elected members of village panchayat.

•The chairman of Panchayat Samiti is called ‘Pradhan’.

►Zila Parishad: •Panchayat is the third and top of 3 tier of the Panchayati Raj system.

•Zila Parishad is an elected body.

•Chairpersons or Block Pramukh of Block Samitis are also represented in Zila Parishad.

•The members of the State Legislature and the members of the Parliament of India are members of the Zila Parishad. The panchayats receive funds from three sources: 1. Local body grants, as recommended by the Central Finance Commission. 2. Funds for implementation of centrally-sponsored schemes.

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3. Funds released by the state governments on the recommendations of the State Finance Commissions.

→The 3 – tier system of Panchayat Raj was 1st adopted by Rajasthan ( Nagaur District) on Oct 2, 1959, followed by Andhra Pradesh, Bihar Gujarat, Himachal Pradesh, Maharashtra, Punjab, Tamil Nadu, UP & West Bengal. →Term of Panchayat is 5 Years

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Chapter 21

Languages in the 8th Schedule of the Indian Constitution

Official Languages: Constitutional Provisions

» The Constitution of India designates the official language of the Government of India as Hindi written in the Devanagari script, as well as English. There is no national language as declared by the Constitution of India. Hindi and English are used for official purposes such as parliamentary proceedings, judiciary, communications between the Central Government and a State Government. States within India have the liberty and powers to specify their own official language(s) through legislation and therefore there are 22 officially recognized languages in India. » The Indian constitution, in 1950, declared Hindi in Devanagari script to be the official language of the union. Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e., on 26 January 1965. » Parliamentary business, according to the Constitution, may be conducted in either Hindi or English. The use of English in parliamentary proceedings was to be phased out at the end of fifteen years unless Parliament chose to extend its use, which Parliament did through the Official Languages Act, 1963. In addition, the constitution permits a person who is unable to express themselves in either Hindi or English to, with the permission of the Speaker of the relevant House, address the House in their mother tongue. » The constitution provides that all proceedings in the Supreme Court of India, the country's highest court and the High Courts, shall be in English. Parliament has the power to alter this by law, but has not done so. However, in many high courts, there is, with consent from the president, allowance of the optional use of Hindi. Such proposals have been successful in the states of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar. » The Union government is required by law to progressively increase the use of Hindi in its official work, which it has sought to do through "persuasion, incentive and goodwill". » The Official Language Act provides that the Union government shall use both Hindi and English in most administrative documents that are intended for the public. The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in communications between offices of the central government (other than offices in Tamil Nadu, to which the rules do not apply). Communications between different departments within the central government

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may be in either Hindi or English, although a translation into the other language must be provided if required.

» The Indian constitution does not specify the official languages to be used by the states for the conduct of their official functions, and leaves each state free to, through its legislature, adopt Hindi or any language used in its territory as its official language or languages. The language need not be one of those listed in the Eighth Schedule, and several states have adopted official languages which are not so listed. Examples include Kokborok in Tripura; Mizo in Mizoram; Khasi and Garo in Meghalaya. » States have significantly less freedom in relation to determine the language in which judicial proceedings in their respective High Courts will be conducted. The constitution gives the power to authorise the use of Hindi, or the state's official language in proceedings of the High Court to the Governor, rather than the state legislature, and requires the Governor to obtain the consent of the President of India, who in these matters acts on the advice of the Government of India. The Official Languages Act gives the Governor a similar power, subject to similar conditions, in relation to the language in which the High Court's judgments will be delivered.

» Four states—Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan—have been granted the right to conduct proceedings in their High Courts in their official language, which, for all of them, was Hindi. However, the only non-Hindi state to seek a similar power—Tamil Nadu, which sought the right to conduct proceedings in Tamil in its High Court—had its application rejected by the central government earlier, which said it was advised to do so by the Supreme Court. In 2006, the law ministry said that it would not object to Tamil Nadu state's desire to conduct Madras High Court proceedings in Tamil. In 2010, the Chief Justice of the Madras High Court allowed lawyers to argue cases in Tamil. » Various steps have been taken by the Indian government to implement the use and familiarisation of Hindi extensively. Dakshina Bharat Hindi Prachar Sabha headquartered at Chennai was formed to spread Hindi in South Indian states. Regional Hindi implementation offices at Bengaluru, Thiruvananthapuram, Mumbai, Kolkata, Guwahati, Bhopal, Delhi and Ghaziabad have been established to monitor the implementation of Hindi in Central government offices and PSUs. » The Eighth Schedule to the Indian Constitution contains a list of 22 scheduled languages. At the time the constitution was enacted, inclusion in this list meant that the language was entitled to representation on the Official Languages Commission, and that the language would be one of the bases that would be drawn upon to enrich Hindi, the official language of the Union. The list has since, however, acquired further significance. The Government of India is now under an obligation to take measures for the development of these languages, such that "they grow rapidly in richness and become effective means of communicating modern knowledge." In addition, a candidate appearing in an examination conducted for public service at a higher level is entitled to use any of these languages as the medium in which he or she answers the paper. » Via the 92nd Constitutional amendment 2003, four new languages – Dogri, Maithili, Santali and Bodo – were added to the 8th Schedule of the Indian

Constitution. » The table below lists the 22 languages set out in the Eighth Schedule as of May 2008, together with the regions where they are used. » Even though the English language is not included in the Eighth Schedule (as it is a foreign language), it is one of the official languages of the Union of India. List of Languages mentioned in Eighth Schedules of Indian Constitution

Language State(s)

Assamese Assam, Arunachal Pradesh

Bengali West Bengal, Tripura, Assam, Andaman & Nicobar Islands, Jharkhand[76]

Bodo Assam

Dogri Jammu and Kashmir, Punjab

Gujarati Dadra and Nagar Haveli, Daman and Diu, Gujarat

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Hindi Andaman and Nicobar Islands, Bihar, Chhattisgarh, Delhi, Himachal Pradesh, Jharkhand, Madhya Pradesh, Rajasthan, Haryana, Uttar Pradesh, and Uttarakhand

Kannada Karnataka

Kashmiri Jammu and Kashmir

Konkani Maharashtra, Goa, Karnataka and Kerala (The Konkan Coast)

Maithili Bihar

Malayalam Kerala, Lakshadweep, Puducherry

Manipuri (also Meitei or Meithei)

Manipur

Marathi Maharashtra, Goa, Dadra & Nagar Haveli, Daman and Diu

Nepali Sikkim, Darjeeling, Northeast India

Odia Odisha, Jharkhand

Punjabi Chandigarh, Delhi, Haryana, Himachal Pradesh, Jammu, Punjab, Rajasthan, Uttarakhand

Sanskrit Uttarakhand

Santali Santhal tribals of the Chota Nagpur Plateau (comprising the states of Bihar, Chhattisgarh, Jharkhand, Odisha)

Sindhi Sindh (now Sindh in Pakistan)

Tamil Tamil Nadu, Andaman & Nicobar Islands, Puducherry

Telugu Andhra Pradesh, Telangana, Puducherry, Andaman & Nicobar Islands

Urdu Jammu and Kashmir, Telangana, Delhi, Bihar and Uttar Pradesh

» Of the 22 official languages, 15 are Indo-Aryan, four are Dravidian, two are Tibeto-Burman, and one is Munda. » Since 2003, a government committee has been looking into the feasibility of treating all languages in the Eighth Schedule to the Constitution as "Official Languages of the Union" Frequently asked: How many national languages are recognized by the Indian Constitution? or How many Indian languages have been notified in the Constitution? or Which language is not included in the 8th schedule? or Is English an official language in India?

or 8 schedule of Indian constitution recognizes how many languages The Constitution of India recognises 22 languages, spoken in different parts the country, namely Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Meitei, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. The English is one of the official languages of Union of India.

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Chapter 22 Joint Session of Indian Parliament Joint Session of Indian Parliament » The Parliament of India is bicameral. Concurrence of both houses are required to pass any bill.

» However, the authors of the Constitution of India visualised situations of deadlock between the

upper house i.e. Rajya Sabha and the lower house i.e. Lok Sabha.

» Therefore, the Constitution of India provides for Joint sittings of both the Houses to break this

deadlock.

» The joint sitting of the Parliament is called by the President and is presided over by the

Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.

» If any of the above officers are not present then any other member of the Parliament can

preside by consensus of both the House.

» As per Article 108 of Constitution, a Joint session of Parliament can be summoned in the

following situations. If after a Bill has been passed by one House and transmitted to the other House— (a) the Bill is rejected by the other House; or (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill

» However, in calculating period of six months, those days are not considered when house is

prorogued or adjourned for more than 4 consecutive days.

» If the above conditions are satisfied, the President of India may summon joint sitting of both

the houses of parliament. Exception to joint sittings

» Not all bills can be refereed to a joint sitting of Parliament. There are two exception.

1. Money Bill Under the Constitution of India, money bills require approval of the Lok Sabha only. Rajya Sabha can make recommendations to Lok Sabha, which it is not required to accept. Even if Rajya Sabha doesn't pass a money bill within 14 days, it is deemed to have been passed by both the Houses of Parliament after expiry of the above period. Therefore, a requirement to summon a joint session can never arise in the case of money bill.

2. Constitution Amendment Bill Article 368 of Indian constitution require that constitution of India can be amended by both houses of parliament by 2/3 majority. In case of disagreement between both houses, there is no provision to summon joint session of parliament. Conduct of business

» Article 118 provides that President of India may after consultation with the chair of the Rajya

Sabha and the Speaker of Lok Sabha may make rules for procedure of joint session of parliament.

» The speaker of Lok Sabha presides over joint session of parliament.

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» However, in case of joint sitting of house, new amendments cannot be proposed in the bill

except those which has been agreed by one house and refused by another. Only those amendments can be proposed to house which are relevant to the matter of disagreement.

» The decision of presiding officer shall be final in respect of admissibility of amendments.

» The bills are passed by simple majority of total members present and voting.

» In such case bill shall be considered as deemed to have been passed by both the houses of

parliament.

Who presides over the Joint Session of Indian Parliament? A. Chair Person of Rajya Sabha B. Senior most member of Parliament C. Speaker of Lok Sabha D. President of India Answer. (C) Speaker of Lok Sabha

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Chapter 23

Types of Writs in the Constitution of India

Writs in Indian Constitution

»In common law, a writ is a formal written order issued by a body with administrative or

judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are common types of writ but many forms exist and have existed.

»In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.

Further, Parliament by law can extend power to issue writs to any other courts (including local courts) for local limits of jurisdiction of such courts.

»Under the Article 32 of Constitution of India, anyone can move the Supreme Court of India for

getting the relief when the individuals fundamental right is infringed by the State (as described under Article 13 of the Constitution) and not for any other right.

»As Writ jurisdiction is enjoyed only by the Supreme Court and High Courts under Article 32 and

226 of the Constitution, respectively.

»A writ petition can only be filed against the State and not against private individuals or

organisation.

»A writ is issued by the court, in general, against the State. Under their writ jurisdiction

Supreme Court and High Courts issue appropriate writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

List of Writs issued by Supreme and High Courts of India Writ Name Meaning Purpose of the Writ

Habeas Corpus

You may have the body

To release a person who has been detained unlawfully whether in prison or in custody

Mandamus We Command To secure the performance of public duties by lower court, tribunal or public authority

Certiorari To be certified To quash the order already passed by an inferior court, tribunal or quasi judicial authority

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Prohibition The act of stopping something

To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try

Quo Warranto

What is your Authority

To restrain a person from holding a public office to which he is not entitled

SC issues 5 types of writs: 1.Writ of Habeas Corpus This writ is used to protect individual's liberty. It is issued when a person is detained illegally and wrongfully. This writ can be filed before the court by any individual or organisation, not necessarily the aggrieved individual. This writ can be issued by the court both against the State and individual. Habeas Corpus literally means 'to have the body' i.e. physically producing the person whose detention is questioned before the court in order to enable the court to ascertain the grounds of detention. However, if all the material facts relating to the detention of the person are made available to the court, the court may not insist upon the physical production of detained person. When the court finds the detention illegal or unlawful, it will order the release of the person henceforth. 2.Writ of Mandamus This petition can be filed before the court only by the aggrieved individual. It can be filed only when the legal right of the person is violated. Private rights can't be enforced through the petition of Mandamus. It can be issued by a court only against a public authority or a person holding a public office. It cannot by issued against an individual or private organisation. It is issued when a public authority or officer is charged with a legal duty and he/she has failed to perform the duty which has resulted in the violation of a legal rights of the petitioner. Mandamus literally means 'command', therefore when it is issued it commands a public authority or officer to do or not to do something which is in the nature of his/her public duty. This writ can't be issued against President and Governors. 3.Writ of Prohibition This writ can be issued only against a judicial or quasi-judicial body and not against non-judicial bodies. This petition can be filed only by the aggrieved individual. This writ is issued when a judicial/quasi-judicial body takes up a case for hearing in excess or in absence of its jurisdiction. The purpose of the court is to prohibit the judicial/quasi-judicial body from proceeding further with the case. (Here judicial/quasi-judicial bodies could be lower courts, tribunals, for example.)

4.Writ of Certiorari It is similar to above writ in all respect except that it is issued after a judicial/quasi-judicial body has completed a trial of a case and pronounced it judgement/direction/order in excess or in absence of its jurisdiction. Thus the purpose of the writ is to quash or nullify the judgement/direction/order issued by such a judicial/quasi-judicial body. 5.Writ of Quo Warranto This writ can be issued only against a person holding a public office in order to ensure that a public office is not usurped by a person who is not qualified to hold the office. This petition can be filed by any person. When this writ is issued, it has the effect of removal of the person from public office with immediate effect. E.g. U. N. Rao vs Indira Gandhi, 1971. In this petition the appellant had prayed that a writ of qua warranto be issued to the respondent, Smt. Indira Gandhi, and it be declared that the respondent has no constitutional authority to the office of and to function as Prime Minister of India. The petition was dismissed by the court and no such writ was issued against Smt. Indira Gandhi.

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Frequently asked: What is writs in Indian Constitution? The Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition. A Writ is a formal written order issued by a Court.A Writ Petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental right is violated.

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Chapter 24

Law Commission of India

Law Commission of India (21st) » Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. Its membership primarily comprises legal experts, who are entrusted a mandate by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

» In other words, Law Commission of India is neither a constitutional body nor a statutory body.

It is truly an ad hoc and advisory body whose work is to do research and make recommendations for law reforms such as amendments and updations of prevalent and inherited laws. None of these recommendations is binding upon the Government.

» The first Law Commission was established during the British Raj era in 1834 by the Charter

Act of 1833. After that, three more Commissions were established in pre-independent India.

» The first Law Commission of independent India was established in 1955 for a three-year term.

Since then, 21 more Commissions have been established.

» The term of the 20th Law Commission headed by former Delhi High Court Chief Justice A P Shah ended on 31 March 2015.

» The present Law Commission (21st) was established in 2015 and has tenure to 2018.

» Justice Balbir Singh Chauhan, a former judge of the Supreme Court was appointed Chairman of the 21st Law Commission on 10 March.

» Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal.

» One of the key issues pending before the Law Commission is a call on amending the Indian

Penal Code (IPC) amid allegations of abuse and arbitrary use of the law.

» The Commission is headed by a full-time Chairperson. It membership primarily comprises legal

experts, who are entrusted a mandate by the Government. For example, the 21st Law commission would be comprised of: 1. full-time Chairperson; 2. four full-time Members (including a Member-Secretary); 3. Secretary, Department of Legal Affairs as ex off do Member; 4. Secretary, Legislative Department as ex offcio Member; and not more than five part-time Members.

» The Law Commission shall, on a reference made to it by the Central Government or suo-motu,

undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations.

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» It shall also undertake studies and research for bringing reforms in the justice delivery

systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.

» The other functions of the Law Commission shall, inter-alia, include:

1. Identification of laws which are no longer relevant and recommending for the repeal of

obsolete and unnecessary enactments;

2. Suggesting enactment of new legislations as may be necessary to implement the Directive

Principles and to attain the objectives set out in the Preamble of the Constitution;

3. Considering and conveying to the Government its views on any subject relating to law and

judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);

4. Considering the requests for providing research to any foreign countries as may be referred to

it by the Government through Ministry of Law & Justice (Department of Legal Affairs);

5. Preparing and submitting to the Central Government, from time to time, reports on all

issues, matters, studies and research undertaken by it and recommending in such reports for effective measures to be taken by the Union or any State; and

6. Performing such other functions as may be assigned to it by the Central Government from

time to time.

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Chapter 25

Oath Vs Resignation

Oaths of Office and Submission of Resignations List Office Oaths and Resignations

The President Oath - Chief Justice of India or in his absence the seniormost Judge of Supreme Court. Resignation submitted to - Vice-President

Vice-President Oath - President or some person appointed in that behalf by the President. Resignation submitted to - President

Prime Minister Oath - President Resignation submitted to - President

Lok Sabha Speaker Oath - President Resignation submitted to - Deputy Speaker of Lok Sabha

Deputy Speaker of Lok Sabha Oath - President Resignation submitted to - Lok Sabha Speaker

Chief Election Commissioner Oath - President Resignation submitted to - President

Attorney General Oath - President Resignation submitted to - President

Comptroller and Auditor General Oath - President or some person appointed in that behalf by the President. Resignation submitted to - President

Solicitor-General Oath - President Resignation submitted to - President

Chairman, Public Service Commission Oath - President Resignation submitted to - President

Chairman, Planning Commission Oath - President Resignation submitted to - President

Members, Planning Commission Oath - Prime Minister Resignation submitted to - Prime Minister

Governor, RBI Oath - President Resignation submitted to - President

Chief Minister Oath - Governor Resignation submitted to - Governor

Chief Justice of High Court Oath - Governor Resignation submitted to - President

Other Judges of High Court Oath - Governor Resignation submitted to - President

Advocate General Oath - Governor Resignation submitted to - Governor

Accountant General Oath - Governor Resignation submitted to - Governor

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Chairman, State Public Service Commission

Oath - Governor Resignation submitted to - Governor

Members, State Public Service Commission

Oath - Governor Resignation submitted to - Governor

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Chapter 26

Age Vs Tenure term

Important Age & Time Limits in Indian Constitution

Office Minimum Age Maximum Age

The President 35 years No Limit

The Vice-President 35 years No Limit

Lok Sabha Speaker 25 years No Limit

Deputy Speaker of Lok Sabha 25 years No Limit

Chief Justice of India No Limit 65 years

Other Judges of the Supreme Court No Limit 65 years

Members of Lok Sabha 25 years No Limit

Members of Rajya Sabha 30 years No Limit

Attorney General of India No Limit 65 years

Comptroller and Auditor General of India No Limit 65 years

Chairman, U.P.S.C. No Limit 65 years

Members, U.P.S.C. No Limit 65 years

Governor 35 years No Limit

Chief Minister 25 years No Limit

Members of Legislative Assembly 25 years No Limit

Members of Legislative Council 30 years No Limit

Advocate General No Limit 62 years

Members of State Public Service Commission No Limit 62 years

Chief Justice of High Court No Limit 62 years

Other Judges of High Court No Limit 62 years

Important Age (Maximum & Minimum) Limits in Indian

Constitution with Articles

1. 65 years upper age limit for appointment as a

» Judge of Supreme Court (Article 124)

» Attorney General ( Article 76 (1))

» Comptroller General ( Article 148)

» member of Public Service Commission ( Articles 315 to 323 of Part XIV)

2. 62 years upper age limit for appointment as a

» Judge of High court ( Article 141)

» Advocate General ( Article 165)

» Member of State Commission

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3. 35 years minimum age for election to the post of

» President( Article 52)

» Vice-President ( Article 63)

» Governor ( for each state) Articles 153 of the Constitution of India).

4. 30 year minimum age for election of

» MP (Rajya Sabha)

» MLC

5. 25 years minimum age for election of

» MP (Lok Sabha)

» MLA

6. 21 years minimum marriageable age for a male

7. 18 years minimum marriageable age for a female.

8. 14 years minimum age limit for employment in a factory

9. For 6 to 14 years of age education has been made a fundamental right Part III

Important Time Limits in Indian Constitution Condition

» Duration Maximum interval between two sessions of Parliament/State Assembly - Six

months

» Maximum life of Presidential Ordinance - Six months

» Maximum period within which an election is to be held to fill a vacancy created by the death,

resignation or removal or otherwise of a President - Six months

» Maximum duration for which President's rule can be imposed in a state - Six months

» Time after which money bill passed by Lok Sabha is deemed to have been passed By Rajya

Sabha when no action is taken by it - 14 Days

» Maximum duration for which a President/Vice-President/Governor may hold office from the

date on which he enters his office - 5 years

» Maximum duration for which a Lok Sabha/State Legislature may function from the date

appointed for its first meeting - 5 years

» Maximum period for which the term of a Lok Sabha/State Legislature be extended while a

Proclamation of Emergency is in operation - 6 month

» Maximum duration for which a member of either House of Parliament may be absent without

permission before his seat is declared is vacant - 60 days

» Maximum period within which a person who is arrested and detained in custody shall be

produced before the nearest magistrate - 24 hours

» Maximum duration for which a Panchayat/Municipality shall function from the date

appointed for first meeting - 5 years

» Maximum duration for which a member of a Public Service Commission may hold his office

subject to his not attaining the age of sixty five years - 6 years

» Maximum duration for which a member of a State Commission may hold his office subject to

his not attaining the age of sixty -two years - 6 years

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Chapter 27

Order of Precedence in India Hierarchy of Indian Government Officials Ranks in Indian government or Order of Precedence » The Order of precedence of the Republic of India is the protocol list (hierarchy of important positions) in which the functionaries and officials are listed according to their rank and office in the Government of India. » The order is established by the President of India, through the Office of the President of India and is maintained by the PM. » The Order of Precedence is only used to indicate ceremonial protocol and has no stature standing; it does not reflect the Indian presidential line of succession or the co-equal status of the separation of powers under the Constitution. » The Order of Precedence is applicable to day-to-day functioning of Government of India. Table of Precedence

Rank Persons

1 • President – Pranab Mukherjee

2 • Vice-President – Mohammad Hamid Ansari

3 • Prime Minister – Narendra Modi

4 • Governors of states of India (within their respective States)

5 • Former Presidents - Pratibha Patil

5A • Deputy Prime Minister – vacant

6 • Chief Justice of India-Jagdish Singh Khehar,

• Speaker of Lok Sabha – Sumitra Mahajan,

7 • Cabinet Ministers of the Union,

• Chief Ministers of States (within their respective States)

• Deputy Chairman of NITI Aayog - Arvind Panagariya

• Former Prime Ministers – Manmohan Singh, H. D. Deve Gowda, Atal Bihari Vajpayee

• Leaders of the Opposition in the Rajya Sabha and Lok Sabha – Ghulam Nabi Azad and Mallikarjun Kharge (Leader of the single largest party in opposition)

7A • Holders of the Bharat Ratna – Amartya Sen, Lata Mangeshkar, C. N. R. Rao, Sachin Tendulkar, Atal Bihari Vajpayee

8 • Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India

• Chief Ministers of States (when outside their respective States)

• Governors of States (when outside their respective States)

9 • Judges of Supreme Court of India (Justices of India),

9A • Chairman, Union Public Service Commission – David R. Syiemlieh

• Chief Election Commissioner – Syed Nasim Ahmad Zaidi

• Comptroller and Auditor General – Shashi Kant Sharma

10 • Deputy Chairman, Rajya Sabha – P. J. Kurien,

• Deputy Chief Ministers of States

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• Deputy Speaker of Lok Sabha – M. Thambidurai

• Members of the NITI Ayog

• Ministers of States of the Union

11 • Lieutenant Governors within their respective Union Territories

• Attorney General of India – Mukul Rohatgi

• Cabinet Secretary – Pradeep Kumar Sinha

12 • Chiefs of Staff holding the rank of full General or equivalent rank

• Chief of Army Staff – General Bipin Rawat

• Chief of Air Staff – Air Chief Marshal Birender Singh Dhanoa

• Chief of Naval Staff – Admiral Sunil Lanba

13 • Envoys Extraordinary and Ministers Plenipotentiary accredited to India

14 • Chief Justices of States

• * Chairman and Speakers of State Legislatures (within their respective States)

15 • Chief Ministers of Union Territories within their respective Union Territories

• Cabinet Ministers in States (within their respective States)

• Chief Executive Councillor Delhi (within their respective Union Territories)

• Deputy Ministers of the Union

16 • Officiating Chiefs of Staff holding the rank of Lieutenant General or equivalent rank

17 • Chairman, Central Administrative Tribunal

• Chairman, Minorities Commission

• Chairman, Scheduled Castes and Scheduled Tribes Commission

18 • Cabinet Ministers in States (outside their respective States)

• Chairmen and Speakers of State Legislatures (outside their respective States)

• Chairmen, Monopolies and Restrictive Trade Practices Commission

• Deputy Chairmen and Deputy Speakers of State Legislatures (within their respective States)

• Ministers of State in States (within their respective States)

• Ministers of Union Territories and Executive Councillors of Delhi (within their respective Union Territories)

• Speakers of Legislative Assemblies in Union Territories

• Chairman of Delhi Metropolitan Council (within their respective Union Territories)

19 • Chief Commissioners of Union Territories not having Councils of Ministers (within their respective Union Territories)

• Deputy Ministers in States (within their respective States)

• Deputy Speakers of Legislative Assemblies in Union Territories

• Deputy Chairman of Metropolitan Council Delhi (with in their respective Union Territories)

20 • Deputy Chairman and Deputy Speakers of State Legislatures (outside their respective States)

• Ministers of State in States (outside their respective State)

21 • Members of Parliament

22 • Deputy Ministers in States (outside their respective States)

23 • Secretaries to Government of India

• Army Commanders/Vice Chief of the Army Staff or equivalent in other Services

• Chief Secretaries to State Governments (within their respective States)

• Commissioner for Linguistic Minorities

• Commissioner for Scheduled Castes and Scheduled Tribes

• Members, Minorities Commission

• Members, Scheduled Castes and Scheduled Tribes Commission

• Officers of the rank of full General or equivalent rank

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• Director of the Intelligence Bureau

• Secretary, Minorities Commission

• Secretary, Scheduled Castes and Scheduled Tribes Commission

• Secretary to the President

• Secretary to the Prime Minister

• Secretary, Rajya Sabha/Lok Sabha

• Solicitor General of India

• Vice-Chairman, Central Administrative Tribunal

24 • Lieutenant Generals of the Indian Army

• Air Marshals of the Indian Air Force

• Vice Admirals of the Indian Navy

25 • Additional Secretaries to the Government of India

• Advocate Generals of States

• Additional Solicitor General

• Chairman, Tariff Commission

• Charge Affairs and Acting High Commissioners a pied and adinterim

• Chief Ministers of Union Territories (outside their respective Union Territories)

• Chief executive Councillor of Delhi (outside their respective Union Territories)

• Chief Secretaries of State Governments (outside their respective States)

• Deputy Comptroller and Auditor General

• Deputy Speakers of Legislative Assemblies in Union Territories

• Chairman of Delhi Metropolitan Council (outside their respective Union Territories)

• Deputy Chairman, Delhi Metropolitan Council(outside their respective Union Territories)

• Director, Central Bureau of Investigation

• Director General, Border Security Force

• Director General, Central Reserve Police

• Lieutenant Governors (outside their respective Union Territories)

• Members, Central Administrative Tribunal

• Members, Monopolies and Restrictive Trade Practices Commission

• Members, Union Public Service Commission

• Ministers of Union Territories and Executives Councillors, Delhi

• Principal Staff Officers of the Armed Forces of the rank of Major General or equivalent rank

• Speakers of Legislative Assemblies in Union Territories

26 • Joint Secretaries to Government of India

• Major-Generals of the Indian Army

• Rear Admirals of the Indian Navy

• Air Vice Marshals of the Indian Air Force

» Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India will en bloc rank above Governors of States outside their respective States; » Governors of States outside their respective States will en bloc rank above Chief Ministers of States outside their respective States. » When Members of Parliament are invited en bloc to major State functions, the enclosures reserved for them should be next to the Chief Justice, Speaker of the Lok Sabha, Ambassadors etc. » The Ministry of External Affairs may assign appropriate ranks to foreign dignitaries and Indian Ambassadors, High Commissioners and Ministers Plenipotentiary during their visit to India.

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Order of Precedence in India o President of India o Vice-President of India o Prime Minister of India o Governors of states of India(within their respective States) o Former Presidents (5A Deputy Prime Minister) o Chief Justice of India, Speaker of Lok Sabha o Cabinet Ministers of the Union Government, Chief Ministers of States(within their respective

States), Deputy Chairman of Planning Commission of India, Former Prime Ministers, Leaders of the Opposition in the Rajya Sabha and Lok Sabha, Holders of the Bharat Ratna

o Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India, Chief Ministers of States (when outside their respective States), Governors of States (when outside their respective States)

o Judges of Supreme Court of India (Justices of India), Chief Election Commissioner, Comptroller and Auditor General, Chairman of Union Public Service Commission, Chairman of National Green Tribunal

o Deputy Chairman, Rajya Sabha, Deputy Chief Ministers of States, Deputy Speaker of Lok Sabha, Members of the Planning Commission, Ministers of States of the Union Government

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Chapter 28

Pressure group Pressure Groups: Types, Characteristics and Functions with Examples Pressure Groups: Definition, Types, Elements, Objective, Importance, Characteristics, Disadvantages & Examples

What is a Pressure Group? Pressure Groups » Pressure Groups are organisations that want to influence the Government to act in a certain way. » They are the interest groups which work to secure certain interest by influencing the public policy. » Pressure groups are also called Advocacy groups, lobby groups, campaign groups, interest groups, or special interest groups. » Pressure groups use various forms of advocacy in order to influence public opinion and/or policy. » Pressure Groups have played and continue to play an important part in the development of political and social systems. » Pressure Groups promote a specific issue and raise it up the political agenda or may have more general political and ideological objectives in mind while campaigning. » The role of a pressure group is indirect, ordinarily, invisible and intermittent yet very important part of an administrative system. » The pressure groups do not themselves want to form the Government, but they try to influence the decisions of the Government. » Thus, every pressure group has three elements: Elements of Pressure Groups

1. An organised group of people, 2.The common interests and 3.Exercise influence on the decisions of the Government. » Pressure groups are sometimes referred to as ‘Anonymous Empire’ & ‘legislation behind legislature’ due to their strong presence and influence in the polity. Insider and Outsider Pressure Groups Insider Pressure Groups » Insider pressure groups are regularly consulted by ministers and civil servants and are trusted by government departments because they negotiate quietly and unobtrusively for their members. » Insider pressure groups have access at a high political level, usually contacts of a Government Minister or an MP, and have some influence on them. » Examples of insider groups include the National Farmers’ Union, the CBI, the professional associations and trade associations with detailed knowledge of their area of interest. Outsider Pressure Groups » Outsider pressure groups are as their name suggests are outside everyday contact with ministers and civil servants.

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» Outsider groups lack such close and business-like links with government. » Outsider pressure groups have to rely more on influence on public opinion to get

governments to listen. » Examples of outsider groups include CND, the Motor Cycle Action Group, the various animal welfare protest groups, Irish Republican Army in favour of united Ireland seen as illegitimate by Britain. Govt etc are the examples of outsider pressure groups. Characteristics or Features of Pressure Groups » One of the characteristic features of any pressure group is that they try to manipulate governmental affairs without any intention to have any direct control over it which is one thing that differentiates it from a political party. » Pressure Groups influence the policy making for their own specific interests. » Pressure Groups are related to some specific areas like professional activities. » They indirectly participate in political activities. » Pressure Groups influence the political power to a great extent and that is why they are termed as

‘Anonymous Empire’ & ‘legislation behind legislature’ Methods or Techniques used by pressure groups to achieve their goals » Pressure groups organise strikes, dharnas, non-cooperation, public demonstrations, signature campaign and other modes of mass mobilisation. Some of the techniques used bu pressure groups are as follows: » Lobbying government and parliament: Persuading public officers to adopt and enforce policies of their interest. » Going through a political party: Method employed almost exclusively by insider groups. Groups more likely to put gentle pressure on opposition party as so many groups lobby government. » Legal Action: The judicial branch of government can also be used by advocacy groups to exert influence, especially in states that have codified constitutions (such as the United States) » Direct Action: Civil Disobedience » Modern Methods: Using Social Media for mass mobilisation » The pressure groups working for human causes like peace, environment protection and human rights etc. adopt a method of building enlightened public opinion and creating a good sense of compassion and reasoning. They work through organising occasional national campaigns and international solidarity activities. The movement against AIDS, Terrorism, nuclear bomb etc. are the examples of such campaigns. Pressure Groups in India » In the words of Kochanak, “As the Indian case reveals, the political system itself sets the parameters for group activities and groups can be understood as part of a larger and more complex set of relationships which composes the larger political system.” Quite often in India pressure groups are overweighed by religion, caste and language rather than ideological considerations. » After independence, there was the dominance of single political party over government for a long

time and role of pressure groups was limited & perceived negative but today their role are taken to be constructive and democratic. » The major pressure groups present in India are as follows- Major Pressure Groups in India The Business Group » They are independent of political parties and influence planning licensing bodies and economic ministers. » They help in budget formulation. For example conference of Indian Industries(CII), Association chamber of commerce, federation of Indian Chamber of Commerce Industry(FICCI). Peasant's Organisation » It gained power in 1960's. At Central level, only one All India Kisan Congress exists. » All India Kisan Sabha (All India Peasants Union, also known as the Akhil Bharatiya Kisan Sabha), was the name of the peasants front of the undivided Communist Party of India (CPI), an important peasant movement formed by Sahajanand Saraswati in 1936. It later split into two organisations known by the same name: AIKS (Ajoy Bhavan) and AIKS (Ashoka Road). » On territorial basis All Kisan Kamgar, Akil Bhartiya Kisan Sangh.

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» The Bhartiya Kisan Party (BKP) in western U.P is most significant. Student's Organisations

» They pressurise the government on educational issues and various critical issues. » For example, All Bengal Student Association formed in 1928. » The All India Student Federation(AISF) in 1936. » Student's Federation of India, National Union of India, The Akhil Bhartiya Vidhyarti Parishad and Chhatra Yuva Sangharsh Samiti etc. Community Association » They are in context to safeguard respective religion. » For example Schedule caste federation, Backward caste federation, Rashtriya Swayamsevak Sangh, Vishwa Hindu Parishad etc. » Rashtriya Swayamsevak Sangh (RSS) was founded in 1925 by Keshav Baliram Hedgewar, a doctor in the city of Nagpur, British India. » The VHP (Vishwa Hindu Parishad) was founded in 1964 by M. S. Golwalkar and S. S. Apte in

collaboration with Swami Chinmayananda. Linguistic Groups » These pressure groups promote certain languages. » For example-Tamil Sangh, Hindi Protection Parishad, Punjabi Sahit Ssabhas etc. Tribal (regional groups) » There are several tribal interest groups have been active in India. » For example The United Mizo Federal Organisation, The Tribal sang of Assam, The tribal League of Assam, Jharkhand Mukti Morcha etc. Professional Groups » Several professional interest groups like India Bar Association, All India Medical Council, College teachers etc. Major Pressure Groups Names in India

Groups Type Groups Names

Business Groups FICCI, CII, ASSOCHAM, AIMO, FAIFDA etc. (institutional groups).

Trade Unions AITUC, INTUC, HMS, CITU, BMS etc.

Agrarian Groups All India Kisan Sabha, Bharatiya Kisan Union etc.

Student’s Organisations

ABVP, AISF, NSUI etc.

Religious Groups RSS, VHP, Bajrang Dal, Jamaat-e-Islami etc.

Caste Groups Harijan Sevak Sangh, Nadar Caste Association etc

Linguistic Groups Tamil Sangh, Andhra Maha Sabha etc

Tribal Groups NSCN, TNU, United Mizo federal org, Tribal League of Assam etc.

Professional Groups IMA, BCI, IFWJ, AIFUCT etc

Ideology based Groups

Narmada Bachao Andolan, Chipko Movement, Women Rights Organisation, India Against Corruption etc.

Anomic Groups* ULFA, Maoists, JKLF, All-India Sikh Student’s Federation etc.

Media as Pressure Group » The media is made up of newspapers, radio, magazines, TV, the Internet » All are influential, although to different extremes » The media becomes particularly important at election time » Media scrutiny is very important because it helps to make the government accountable » As the opposition (HMO) has a minority of MPs/MSPs, it can be ineffective » The media lets us know about MPs, Ministers or the government itself and whether or not they are doing anything wrong

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Do pressure groups enhance democracy? Yes •

Advantages of Pressure Groups » Pressure Groups represent various demands and interests (e.g. pro and anti-fox hunting), and are therefore a vital element of a pluralist society. » This also ensures that both sides of an argument are heard. » Pressure Groups encourage and enable the people to participate in the political process. » Pressure Groups can also educate and inform the electorate, and thus enhance political education. » Pressure Groups can help to achieve change within society that strengthens democracy, such as the civil rights campaign in the united states during the 1960s. » Decision-makers are made aware of how the public feel about certain issues. » Trade unions help to counterbalance the considerable power of employers, and in doing so, ensure that workers are treated fairly. Do pressure groups enhance democracy?

No • Limitations of Pressure Groups » Outsider groups usually take direct action, which can be illegal and undemocratic (e.g. in the united states, pro-life campaigners have sent letter bombs to abortion clinics) » Pressure Groups are not elected (and are therefore unaccountable) to the public. » Some Pressure Groups do not even elect their own leaders » Insider Pressure Groups can hold too much influence over government ministers, which can be detrimental to those who wish to reduce the role of the state. » This argument is closely associated with the new right » The most powerful Pressure Groups tend to represent the interests of big business. » Whilst most demonstrations are peaceful, some demonstrations can turn violent (e.g. the poll tax riots in 1990). » Some Pressure Groups could be accused of holding the country to ransom. List of Pressure Groups working World-wide People for the Ethical Treatment of Animals » People for the Ethical Treatment of Animals (PETA) is an American animal rights organization based in Norfolk, Virginia, and led by Ingrid Newkirk, its international president. » PETA is a nonprofit corporation with nearly 400 employees, it claims that it has 6.5 million members and supporters, in addition to claiming that it is the largest animal rights group in the world. » Its slogan is "Animals are not ours to eat, wear, experiment on, use for entertainment, or abuse in any other way." Greenpeace » Greenpeace is a non-governmental environmental organization with offices in over 40 countries and with an international coordinating body in Amsterdam, the Netherlands.

» It was founded by Canadian and US ex-pat environmental activists in 1971, Greenpeace states its goal is to "ensure the ability of the Earth to nurture life in all its diversity" and focuses its campaigning on worldwide issues such as climate change, deforestation, overfishing, commercial whaling, genetic engineering, and anti-nuclear issues. » It uses direct action, lobbying, research, and ecotage to achieve its goals.

Amnesty International » Amnesty International (commonly known as Amnesty and AI) is a non-governmental organization focused on human rights that claims to have over 7 million members and supporters around the world. » The stated objective of the organisation is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated." » Amnesty International was founded in London in 1961, following the publication of the article "The Forgotten Prisoners" in The Observer on 28 May 1961, by the lawyer Peter Benenson. » Amnesty draws attention to human rights abuses and campaigns for compliance with international laws and standards. » It works to mobilise public opinion to put pressure on governments that let abuse take place.

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» Amnesty considers capital punishment to be "the ultimate, irreversible denial of human rights".

» The organisation was awarded the 1977 Nobel Peace Prize for its "campaign against torture," and the United Nations Prize in the Field of Human Rights in 1978. Oxfam » Oxfam is an international confederation of charitable organizations focused on the alleviation of global poverty. » Oxfam was founded at 17 Broad Street in Oxford, Oxfordshire, in 1942 as the Oxford Committee for Famine Relief by a group of Quakers, social activists, and Oxford academics » Oxfam believes that poverty and powerlessness are avoidable and can be eliminated by human action and political will. » The right to a sustainable livelihood, and the right and capacity to participate in societies and make positive changes to people's lives are basic human needs and rights which can be met.

The World Wide Fund for Nature (WWF) » The World Wide Fund for Nature (WWF) is an international non-governmental organization founded in 1961, working in the field of the wilderness preservation, and the reduction of humanity's footprint on the environment. » It was formerly named the World Wildlife Fund, which remains its official name in Canada and the United States. » The living planet report is published every two years by WWF since 1998, it is based on living planet index and ecological footprint calculation. Important Questions asked on Pressure Groups The Pressure groups are: a. Political organisations b. Economic organisation c. Moral organisations d. Organisations of universal character (Correct Answer) The Pressure Group tries to promote the interests of their members by exerting pressure on: a. Executive b. Judiciary c. Legislative d. All the above (Correct Answer) Which of the following are known as Pressure Groups? a. Trade unions b. Caste groups c. Tribal organisations d. All the above (Correct Answer) Which of the following is not a feature of pressure group?

a. It tries to influence from outside b. Its membership is large c. It actively joins political parties (Correct Answer) d. Its members can join any number of groups Which of the following is not a method used by the pressure group for achieving its objectives? a. It finances political parties b. It organises demonstrations c. It clearly aligns with a political party (Correct Answer) d. It tries to influence policy makers Is Greenpeace an INSIDER or OUTSIDER pressure group? Answer: Outsider Fill in the Blanks The pressure groups adopt __________ methods to pressurise the government. (liberal/extremist) (Correct Answer: Extremist) The _____________ pressure groups are able to get their demands fulfilled. (strong/ weak) (Correct

Answer: Strong) (c) The pressure groups try to mould the public opinion by using various ____________ methods. (publicity/confidential) (Correct Answer: Publicity)

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Chapter 29

Parliament terminology

Types of Majorities Used in the Indian Parliament

Different types of Majority Voting Types of Majorities in Constitution

Types of Majorities in Indian Constitution » In parliamentary procedure, the term "majority" simply means "more than half." As it relates to a

vote, a majority vote is more than half of the votes cast.

» Different types of Majority provisions in Constitution of India are provided.

» Different types of the majority is used to perform different tasks.

» There are four types of majority used in Indian Parliament. They are: o Simple Majority o Absolute majority o Effective majority o Special majority

SIMPLE MAJORITY » The simple majority is also called as “working majority’. This implies that the majority of more than

fifty percent of the members of the legislature present and voting excluding the member abstaining.

» Example:

• Total strength of Lok Sabha: 545

• Vacant Seats: 5

• Members present: 500

• Members present, but decide to abstain / not to vote: 40

• Members present and voting: 500-40=460

• Simple Majority, in this case, would be: [460/2] +1 =231

» A Simple majority is used in most of the normal bills and a number of provisions in the Constitution

can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. This includes:

1. Admission or establishment of new States 2. Formation of new states and alteration of areas, boundaries or names of existing States 3. Abolition or creation of Legislative Councils in the States 4. Acquisition and Termination of Citizenship 5. To pass Non-Confidence Motion, Confidence Motion, Adjournment Motion, Censure Motion 6. To pass Money Bill, Financial bill, Ordinary Bill and Budget 7. For the proclamation of financial emergency and for revoking the National Emergency. 8. Resolution passed by the Rajya Sabha should be approved by the Lok Sabha with a simple majority 9. Removal of vice president in Lok Sabha 10. Vote of thanks to President or governor

ABSOLUTE MAJORITY » Absolute majority refers to the majority of more than 50% of the total strength of the house.

» Example:

• Total strength of Lok Sabha: 545

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• Absolute Majority: 273

» The absolute majority is not used in the normal business of the Parliament or State

Legislature But this majority is used during the general election, for the formation of government at the Center and States.

» Such kind of majority is not required in isolation in the Indian Parliament.

EFFECTIVE MAJORITY » Effective strength of the house is the total strength of the house- the number of vacancies.

» Effective Majority of the house means more than 50% of the effective strength of the House.

» “A MAJORITY OF ALL THE THEN MEMBERS” is the phrase used in Indian constitution to describe

effective majority.

» Example:

• Total strength of Rajya Sabha is 245.

• Suppose if there are 25 vacancies

• Effective Strength= 245-25=220

• Effective majority= [220/2]+1 =111

» The Effective majority is used in:

1. Removal of the Vice-President 2. Removal of Deputy Chairman of Council of States 3. Removal of Speaker and Lok Sabha Speaker 4. Removal of Speaker or Deputy Speaker of Assembly 5. Removal of Chairman or Deputy Chairman of a Legislative Council

SPECIAL MAJORITY » Any majority other than simple, effective, absolute majority is defined as a special majority.

» This is a special kind of majority required in certain cases.

» This is a 2/3 type majority.

» There are 4 types of special majorities for the parliamentary business.

—Type 1 – Special Majority as Per Article 249. —Type 2 – Special Majority as per Article 368. —Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority. —Type 4 – Special Majority as per A61. Special Majority under Article 249 and Article 312

» Article 249 directs the Parliament to legislate on a subject in the State List in the national interest.

» Article 312 is the creation of one or more new All India Services.

» The resolution in above cases must be passed by Rajya Sabha supported by not less than 2/3 of the

members present and voting. This is basically a majority of 2/3rd of the members of the House present and voting excluding the number of members abstaining.

» Example: In Rajya Sabha,

» Total strength is 245.

» Members Present and voting= 200

» Majority under Article 249= 2/3 of 200

Special majority under Article 61

» Article 61 deals with the impeachment of President.

» For the impeachment, a resolution under this is passed by not less than 2/3rd of the total strength

of the House, including the number of vacancies.

» Example: for passing such a resolution it requires the support of 2/3rd of the total strength of the

upper house 245, that is 164 or more. Special majority under Article 368 (Constitutional Amendment)

» A bill seeking a constitutional amendment requires its passage by 2/3rd members present and

voting supported by more than 50% of the total strength of the house.

Let's take an example. Now in Lok Sabha, there are 545 members. Say, 300 members are present at the time of voting. Those supporting the bill are 273 in numbers. Then they qualify the first option as those in favour of

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the amendment bill are constituting 50% of the strength of Lok Sabha, also 2/3 of 300=200 hence they qualify option b also as they are 273> 200. But had they been 300 in numbers and those supporting the bill were 272 in numbers, they would have qualified option b i.e those supporting the bill are 2/3 of the majority but they would have failed to qualify option a i.e. constituting 50% of the total strength and hence the constitutional amendment bill would have not passed from that house. Thus both a and b options are required to fulfil the requirement of the special majority

» There is no provision for joint sitting for this.

» Both the houses have to pass it separately.

» This majority should be the absolute majority of the house. That means Absolute + Special Majority.

» Special majority under Article 61 is required in the case of the constitutional amendment bills,

resolutions for the removal of the judges of the Supreme Court or the high courts, chief election commission, comptroller and auditor general etc.

» This majority is needed for the passage of the resolution for approving the continuation of National

emergency, from both the Houses of Parliament.

Motions in India Parliament Different types of Motions in Indian Parliament What is a MOTION in Indian Parliament? Motions In Indian Parliament

» A motion is a proposal by a member of the House for its opinion/decision.

» In the parliamentary procedure as defined in Robert's Rules of Order, a motion is a formal proposal

by a member of a deliberative assembly that the assembly takes certain action.

» A motion refers to a formal proposal asking the House to take some action.

» In Parliament, a motion is required to be made for any discussion with the permission of presiding

officer.

» Motions can bring new business before the assembly or consist of numerous other proposals to take

procedural steps or carry out other actions relating to a pending proposal (such as postponing it to another time) or to the assembly itself (such as taking a recess).

» The six most important motions in India parliament are adjournment motion, privilege motion,

censure motion, ‘no-confidence’ motion, calling attention motion and cut motion!

» The motion are accepted or rejected on the basis of opinions and discussions in the house among

members.

Types of Motions in Indian Parliament What is Adjournment Motion? Adjournment Motion

» Adjournment motion in Indian parliament is basically moved for the purpose of discussing a definite

method of utter public importance.

» It means to stop the house to proceed to its regular business and first discuss the matter which is of

an urgent kind.

» Adjournment motion can be moved only with the consent of the Speaker. Generally, such motions

are discussed in the afternoon at 4.00 p.m. The adjournment motion is thus an extraordinary procedure which, if admitted, leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.

What is Privilege Motion in Indian Parliament Proceedings? Privilege Motion

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» Members of the Parliament, MLA, MLC enjoy special privileges and immunities (e.g

privilege against arrest) individually and collectively so that they can effectively discharge their functions.

» The judiciary can't interfere in the internal affairs of the Parliament (Theory of Separation of Power)

» When any of these rights and immunities is disregarded, the offence is called a breach of privilege

and is punishable under the law of Parliament or the state legislature.

» The motion will be introduced by the opposition if a minister has misled the house by providing

wrong information.

» Its purpose is to censure the concerned minister.

A motion moved by a member if he feels that a Minister has committed a breach of privilege of the House or of any one or more of its members by withholding the facts of a case or by giving a distorted version of facts etc.

What is Censure Motion? Censure Motion

» A censure motion can be moved in the parliament or in a state assembly in India.

» It is moved by the opposition against a specific policy of the government or against a minister or

against the whole council of ministers.

» If censure motion is passed, no need to resign.

» A censure motion can be moved only in the lower house of the parliament or in a state assembly in

India.

» The censure motion in itself that does not enjoin a legal obligation to resign but is severely

embarrassing for a government to lose.

What is No-Confidence Motion? ‘No-Confidence’ Motion

» A motion of no confidence (alternatively vote of no confidence, no-confidence motion,

or (unsuccessful) confidence motion) is a statement or vote that a person or persons in a position of responsibility (government, managerial, etc.) is no longer deemed fit to hold that position: perhaps because they are inadequate in some respect, are failing to carry out obligations, or are making decisions that other members feel are detrimental.

» As a parliamentary motion, it demonstrates to the head of state that the elected parliament no

longer has confidence in (one or more members of) the appointed government.

» Motions of no confidence against the government can be introduced and passed in the Lok Sabha.

» If “No-Confidence” motion passed by a majority vote, the Prime Minister and the Council of Ministers

resigns collectively. Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion is admitted for discussion when a minimum of 50 members of the house support the motion.

What is Motion of Confidence? Motion of Confidence

» A Motion of Confidence is a motion of support proposed by a government in a parliament or other

assembly of elected representatives to give members of parliament (or another such assembly) a chance to register their confidence in a government.

» The motion is passed or rejected by means of a parliamentary vote (a Vote of Confidence).

» Governments often propose a Motion of Confidence to replace a Motion of No Confidence proposed

by the opposition.

» Defeat of a Motion of Confidence in a parliamentary democracy generally requires one of two

actions: the resignation of the government, or a request for a parliamentary dissolution and the calling of a General Election.

What is the Motion of Thanks? Motion of Thanks

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» Motion of Thanks is a motion in Indian Parliament which follows the address of the

President of India to the joint sitting of Lok Sabha and Rajya Sabha at the commencement of the first session of a new Lok Sabha and the first session of every year.

The President makes a special address(a statement of government policy that has to be approved by the Cabinet) to a joint sitting of both Houses. The address is followed by a motion of thanks moved in each House by ruling party MPs and this is called ‘Motion of Thanks’.

What is the Calling Attention Motion? Calling Attention Motion

» A member may, with the prior permission of the Speaker, call the attention of a Minister to any

matter of urgent public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date.

» Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in

existence since 1954.

» However, unlike the zero hour, it is mentioned in the Rules of Procedure.

What is No Day Yet Named Motion? No-Day-Yet-Named Motion

» If the Speaker admits the notice of a motion and no date is fixed for its discussion it is called a No-

Day-Yet-Named Motion and a copy of the admitted motion is forwarded to the Minister concerned with the subject matter of the motion.

» Admitted notices of such motions may be placed before the Business Advisory Committee for

selecting the motions for discussion in the House according to the urgency and importance of the subject-matter thereof, and allotted for the same.

» Advisory Committee allots a day or days or part of a day for the discussion of such a motion.

What are the Cut Motions in Indian Parliament? Cut Motion

» Cut motion is a power given to the members of the Lok Sabha to oppose a demand in the Financial

Bill discussed by the government.

» If a cut motion is adopted by Parliament and the government does not have the numbers, it is

obliged to resign as per rules of the Lok Sabha.

» Cut Motions are moved in the Lok Sabha only.

» Cut Motions are part of the budgetary process which seeks to reduce the amounts for grants.

» A Cut Motion is a veto used by members of a legislature against a specific allocation in Budget

proposals

» Cut Motions can be divided into three categories.

Three types of Cut Motions The most popular and well-known motions which are used by members in connection with the budget are three. The demand for grants is considered and passed by Lok Sabha. Hence, these motions can be moved only in Lok Sabha. 1. Policy Cut

» Policy Cut or Disapproval of Policy Cut motion is moved so that the amount of the demand be

reduced to Re.1.

» A member giving notice of such a motion shall indicate in precise terms the particulars of the policy

which he proposes to discuss.

» The discussion should be confined to the specific point or points mentioned in the notice and it shall

be open to members to advocate an alternative policy.

» It means to express disapproval of the policy underlying.

2. Economy Cut

» Economic cut Seeks that the amount of the demand be reduced by a specified amount representing

the economy that can be affected.

» The amount to be reduced is clearly stated and the object is to bring about the economy in the

expenditure.

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3. Token Cut

» A Token Cut motion is moved so that that the amount of the demand be reduced by

Rs.100.

» The objective of the motion is to ventilate a specific grievance within the sphere of responsibility of

the Government of India

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Chapter 30 Constitutional Vs Statutory Bodies

What is the difference between constitutional and statutory bodies in India? Difference between Constitutional and Statutory Bodies

Constitutional and Extra Constitutional Bodies

» There are two types of bodies working:

1. Constitutional Bodies 2. Extra Constitutional Bodies

1. Constitutional Bodies

» Constitutional bodies derive their authority from the constitution. In other words, Constitutional

Bodies are formed by the Constitution which helps the Government to run properly.

» Each of these permanent or semi-permanent organisations is responsible for the administration of

specific functions.

» It is mandatory for the government to set up such a body and it cannot dispense off with it easily

when it becomes uncomfortable.

» Such bodies or institutions are written into the Constitution of a nation and can’t be abolished

without amending that part of the Constitution which sometimes also requires the consent of the states. And also can be invalidated by the Supreme Court.

» All the constitutional bodies have dedicated article in the constitution.

» The chief of the constitutional bodies are appointed by either the President or the Prime Minister.

Examples of the Constitutional Bodies mentioned in the Constitution of India are: Union Public Service Commission (UPSC) (Article 315) The agency's charter is granted by the Constitution of India. Articles 315 to 323 of Part XIV of the Constitution, titled as Services Under the Union and the States, provide for a Public Service Commission for the Union and for each state. The Comptroller And Auditor General Of India (Article 148) The CAG is mentioned in the Constitution of India under Article 148 – 151. The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution under Constitution of India/Part V - Chapter V/Sub-part 7B/Article 148, which audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the external auditor of Government-owned corporations and conducts a supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 percent or subsidiary companies of existing government companies. Election Commission Of India (Article 324) The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya

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Sabha, state legislatures, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article

324 and subsequently enacted Representation of the People Act. The Commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. Finance Commission Of India The Finance Commission came into existence in 1951. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to define the financial relations between the Centre and the state. The Finance Commission Act of 1951 states the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission. National Commission For Scheduled Castes (NCSC) National Commission for Scheduled Castes (NCSC) as provided in Article 338 of the Constitution is an

Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution. National Commission For Scheduled Tribes (NCST) National Commission for Scheduled Tribes (NCST) is an Indian constitutional body was established through Constitution (89th Amendment) Act, 2003. The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February 2004.

Attorney-General Of India (Article- 76) The Attorney General for India is the Indian government's chief legal advisor and its primary lawyer in the Supreme Court of India. He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court, Attorney General for India must be a citizen of India and appointed by the president of India. Special Officer for Linguistic Minorities The Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution. This article contains the following provisions: 1. There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of India. 2.It would be the duty of the Special Officer to investigate all matters relating to the safeguards

provided for linguistic minorities under the Constitution 3.He would report to the President upon those matters at such intervals as the President may direct. The President should place all such reports before each House of Parliament and send to the governments of the states concerned.

2. Extra Constitutional Bodies

» An extra-constitutional body is an institution of government which is not defined in Constitution of

India.

» Extra-Constitutional bodies or institutions are created either by an act passed in parliament or by

the resolution of a cabinet.

» There are two types of extra-constitutional bodies

1. Statutory Bodies 2. Executive Bodies

Statutory Bodies » A statutory body is one that derives its existence and authority from a statute (i.e. law)

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» Statutory bodies are those extra-constitutional bodies which are created by the act

passed in the parliament of India.

» The goals and objectives of a statutory authority are explicitly set out in the Originating act or in

subsequent governmental guidance or instruction.

» Such bodies are subject to change by a respective change in the law governing them.

» Statutory bodies can simply be abolished by an act of the parliament with the simple majority.

» Some Important Statutory Bodies

National Human Rights Commission The Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA). National Commission for Women The National Commission for Women (NCW) is a statutory body of the Government of India, generally

concerned with advising the government on all policy matters affecting women. It was established in January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National Commission for Women Act. National Commission for Minorities National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India. Original notification of 1993 was for Five religious communities Sikhs, Buddhists, Parsis, parliamentChristians and Muslims. National Commission for Backward Classes National Commission for Backward Classes is under the Ministry of Social Justice and Empowerment established on 14 August 1993. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993. In 2017, a bill seeking to grant constitutional status to the National Commission for Backward Classes is scheduled to be passed in Parliament. Lok Sabha has already passed it. National Green Tribunal National Green Tribunal Act, 2010 (NGT) is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment. TRAI The Telecom Regulatory Authority of India (TRAI) is the regulator of the telecommunications sector in India. Telecom Regulatory Authority of India was established on 20 February 1997 by an Act of Parliament to regulate telecom services and tariffs in India. Earlier regulation of telecom services and tariffs was overseen by the Central Government. Central Information Commission The Central Information Commission (CIC) set up under the Right to Information Act is the authorised body, established in 2005, under the Government of India to act upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not have been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information under the RTI Act. Central Vigilance Commission Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India,

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advising various authorities in Central Government organisations in planning, executing, reviewing and reforming their vigilance work.

Originally the CVC was neither a constitutional body nor a statutory body. Recently, in September 2003, the Parliament enacted a law conferring statutory status on the CVC National Consumer Disputes Redressal Commission The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act, 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired judge of the Supreme Court of India. Armed Forces Tribunal Armed Forces Tribunal or AFT is a military tribunal in India. It was established under the Armed Forces Tribunal Act, 2007.

Executive Bodies » Bodies which are created by an executive order of any ministry of union or state are called executive

bodies.

» Executive bodies have no backing of constitution Parliament.

Example: Planning Commission (now replaced by NITI aayog), UIDAI (Aadhar card). UIDAI (Aadhar card), which when faced controversy is undergoing shift to a statutory body. Frequently asked questions: What do you mean by extra-constitutional body? An extra-constitutional body is an institution of government which is not defined inConstitution of India but are established by a resolution(decision) of union cabinet. For Example Planning Commission, National Development Council etc. Is Election Commission of India a constitutional body? The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state legislatures, and the offices of the President and Vice President in the country. Is Finance Commission a quasi-judicial body? The Commission works as an arbitrator, means to distribute taxes among union and state. Therefore it is called a quasi-judicial body. But it's recommendations are not obligatory in nature as it is the Parliament which acts as an apex body to hold or decide the government exchequer. Is TRAI a statutory body? The Telecom Regulatory Authority of India (Amendment) Bill, 2008. The Telecom Regulatory Authority of India (hereinafter referred to as TRAI) is a statutory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997. Is Niti AYOG a constitutional body? Niti Aayog, like the Planning Commission, is not a constitutional body, which means it too is not accountable to Parliament.

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