va

asta
Polity
n Sr i v
m a
A
 Indian Polity

va
ta
Terms:
Constitution:- Collection of basic principles with which country is
governed.

v as
i
↓
For Governance
↓
Sr
↓
an
Law is formed - (It is as per basic principle)

m
Government has to be as per law.

A
Seperation of powers: In political systems, there are three powers.
Executive:- Governs the country : with the help of law.
Legislative:- makes this law;

va
ta
Judiciary:- adjudicates this law (helps prevail the justice)

v as
Policy :- Law is made by policy.
↓

Sr i
Govt. made this policy.
↓
When comes in parliament : Bill

an ↓
It is being discussed.

A m ↓
Voting is done for this in the Parliament.
↓
It goes to President. : [ACT]
Distribution of powers:→ Is between different governments
→ There has to be Union List : UG / Parliament.

va
→ State List : State Legislature / State Government.

ta
→ Concurrent List : Union Govern./ Parliament

v as State Govern./ State Legislature

→ If conflict occurs:-

Sr i Law of parliament will prevail.

an
A m
 va
asta
Sr i v
an
Am
Framing of constitution:

Lucknow.
va
→ In 1956, Motilal Nehru demanded making of constitution in

as ta
→ British came with the idea of constitution in August offer.
→ In Cabinet Mission, 1946. It was clearly mentioned.

Provinces
↓
S i v
Constituent Assembly:

r
States
↓
Elected
↓
an Nominated

A↓
m
By (members of provincial councils)

→ Party elected & party Nominated.

→ First meeting of constituent assembly was on Dec 9, 1946
First meeting : Delhi
CA : Provisional President : Sachidanand Sinha.
va
as ta
Dec 11, 1946 : R. Prasad : Permanent President of CA.
→ Dec 13, 1946 : CA : Objectives Resolution (Jawaharlal Nehru)

Sr i v ↓
CA : members divided into committees
↓

an Each is given a subject.

↓

A
Not
member
of CA
m Given Reports
All these reports were forwarded to
B.N. Rau (Advisor to CA)
↓
15 Aug., 1947

a
CA → Making of constitution → R. Prasad.
|

ta v
→ Provisional Legislation → G.V. Mavlankar.

v as
(making law) ↓
First Speaker of Lok Sabha:

r i
CA : appointed Drafting committee on 29th Aug., 1947.

S
Chairman : Dr. B.R. Ambedkar and 6 others.

Father of
an the

m
constitution

A
Architect of the
constitution.
or
 Feb 1948 → Draft Constitution : CA
↓
va
as
discussion
↓
ta
26th Nov., 1949

Sr i vPartly Enforced The constitution of India

whole constitution was enforced on 26th Jan, 1950.

an ↓
Commencement of constitution

A m ↓
Fully enforced on entire territories of India.
It contains 22 parts & 8 schedules. (Originally)

a
Amendments : 25 parts / 12 schedules. (Now).
(संशोधन) Total No. of Articles = 395
Salient features of constitution:-

ta v
v as
→ ‘Borrowed constitution’:- It is called borrowed because various
features have been taken from constitution of other working

r i
countries. (Govt. of India act, 1935)

S
n
Written constitution:
↓

m a
Constitution is more important than other organs.

A ↓
Supremacy of the constitution. (Parliament can allow only that law
allowed in constitution)
Unwritten → Evolved over period of time.

a
↓
Parliament > Constitution
v
UK / NZ → unwritten

ta
constitution
↓

v as
Supremacy of constitution.

Sr i
→ Our constitution is flexible as well as rigid.
↓ ↓

n
can be amended same provisions

m a under Article 368 can never be amended

↓

A SC : Basic structure
can never be changed.
→Fundamental rights**

va
ta
↓
will remedy in case of violation.

as
→ Establishes independent Judiciary with a power of

v
i
Judicial review. (any policy can be reviewed in the courts)
↓

Sr
Most important of supreme court.

an
A m
Constitution establishes Quasi-Federal system.

(Partly)

a
* Always distribution of powers

v
between union govt. & state govt.

ta
→ Our constitution

→ Unitary Bias

v as
has centralised tendency.
Sa
Sa
Union list (Less power)

i
Ua
↓

Sr
Tries to resolve distributive
mode & tries to adopt unitary
Sa
State list (more power)

govt.

an * There is double citizenship.

* Citizenship of state and country.

A m * Always be authority of courts.

(to solve conflicts between various State Govt.)
(America - Role Model of Federal Govt.)
*Our constitution has union list.
More powerful than state list.
(Since our country has lot of diversification.)
 a
“In the constitution the phrase Quasi - Federal system is not
defined.”

ta v
The preamble has been amended only once 42nd amendment act

as
1976 to the constitution based on objectives Resolution.
→ contains Ideals / aspirations of people of India.

v
Sr i ↓
who fought freedom struggle.

n
→ Summer/Introduction/Philosophy of the constitution.

m a
***→ has been amended once only by 42nd constitutional
amendment act, 1976.

A
↓
Three words are added ‘socialist, secular & Integrity’.
 va
- Supreme court : part of the constitution** → Preamble
* Preamble helps us in interpretation of constitution.
↓

as
(basically a guideline)
ta
↓

Sr i v
Preamble says constitution of India is given to the people by
people themselves.
↓

an
Democracy (People are real rulers)

A m
Preamble:
Ideals & Aspiration:

va
ta
We the people of India having solemnly resolved to constitute India

v as
into a sovereign - free from external control.
Socialist → welfare of All

i
(common is method of establishing socialism)

Sr
Secular → There is no state religion (All religions are same.)
Democratic → Govt. of country is run by representative of people.

an
Republic → Head of the state comes by election (president) and to

m
secure to all its citizen.

A
Justice, Liberty, Equality, Fraternity, Unity & Integrity.
↓
Fairness
↓ ↓
Freedom Absence of
↓
Brotherhood
↓

v
Oneness
a ↓
Emotional
In
parliament
↓
↓
discrimination

as
↓
assuming dignity
ta Oneness
मुकता और अखंडता

v
(social, (of thought (of status of individual
economical,
political)
r i
expression

S
belief, faith
& worship)
and of opportunity & unity & integrity
& to promote army
them all
of nation

an
In the constituent assembly, the twenty sixty day of november 1949 do they adopt,

m
erect & give to ourselves the constituent.

A
Part I of constitution : India & its union (Art. 1-4)
Art. 1 - India that is Bharat shall be a union of states.
(Federation of states.)

va
ta
(State cannot secede away from union.)

s
Art. 3 → Parliament can increase/decrease the areas of states.

r i a
→ It can alter the boundaries of states.

v
→ It can change the name of state (s).
(whenever this is done; we should short a Bill : recognition of president.

n S ↓
Sent to state (s) conceshed

m a ↓
To open views of states

A ↓
are not Binding on parliament
(procedural rights)
Art. 1 + Art. 3 → “India is an Indestructible union of destructible states.”
Part III : Fundamental rights (Art 12-35) (in our own country)
↓

va
ta
Bill of rights (USA)

s
→ Those basic rights which are considered very essential for the overall

i
→ Judiciable rights:

r v a
development of an Individual.

↳ So important that they cannot be violated,

(Human rights are
Applicable all over

n SIt violated to apply them

directly supreme court can be reached.
world)

m a
→ can be suspended or restricted.
→ Available against Executive & Legislature.

A (govt. Cannot take by & parliament cannot violate it.)

Rights to equality : (Art 14-18) Art. 12 - ‘state’
(gives an extended significance to

determine on whom the responsibility has to be placed.)

va
the term ‘state’. What bodies fall under the definition of a state so as to

s
Art. 14 → State shall not deny two things

a ta
v
* equality before law. (law equal for all)

Sr i
* equal protection of law (law should be such whatever
Interpretation taken from it should be

n
(O O) applied to group & not

m a
Positive discrimination
“Like should be treated alike.”
to others)
(For ex. Income tax)
↓

A applied more on
rich
less on poor.
Art. 15 → State shall not discriminate on the basis of religion,
↓ race, caste, sex etc.. but state can make.
Women Special provisions for women & children.

va
ta
Reservation → State can make special provision for socially &

s
act Educationally backward classes. (15(3), 15(4) are exception to 15-1)

state.

r i a
Art. 16 - There shall be equality of opportunity in the methods of employment under the

v
No discrimination on the basis of religion, race, caste, sex etc..

n S
However special provisions for backward classes.
Art. 17 - Abolition of untouchability.****

m a
Art. 18 - Abolition of titles -**
→ No title shall be conferred by the State.

A
→ No Indian can accept any title from a foreign state.
However educational & miliatary achievements are not titles for the meaning of art. 18.
1954 : Bharat Ratna SC says Bharat ratna & Padma
Padma Award are not awards & Honours.
Rights to Freedom → (Art. 19-22)
Arti. 19 : (1) Six basic freedoms
(2) - (6) - restrictions on these freedoms.

va
Expressing views of others

ta
↑

s
Art. 19 (1) (a)** Freedom of speech and expression, press

r i v a
19 (1) (b) to assemble peaceably and without arms
↓
It is inferred from const.

n S
19 (1) (c) Freedom of form association - Trade union**
(Fundamental right)

m a
19 (1) (d) Freedom of movement throughout the territory of India.
19 (1) (e) Freedom of settlement

A
19 (1) (f) Right to hold property*** - deleted - by 44th / 1978
↓
Article 300 A - We can go under district count first
Art. 19 (1) (g) Right to follow profession of one’s choice.

Art. 20 : prohibits

va
ta
- Ex Post facto criminal legislation

v as
↓→ No criminal law can be given force from a back date i.e. a person
can be punished only as per the law existing (or) as defined on the day
of crime.

Sr i
Art. 20 (2) - Double Jeopardy - A person cannot be punished more than

an
once for an offence.
(3) - Self-Incrimination of Evidence - A person cannot be forced to

A m
act as witness against himself but for the purpose of investigation state can
obtain various evidences like fingerprints, blood samples etc.
- This article is not suspended even in the time of emergency.
*** Article 21 - No person can be deprived of his life and person

a
liberty except according to the procedure established by law.
Right to life

ta v
Our constitutions is based on procedure

s
established by law.

a
→Most inferred article in {lot of conclusions drawn to this}

Sr i v
the constitution.

Right to primary Education is equivalent to right to life.

n
↓ (Mohini Jain Vs state of Karnataka)

m a
Art. 21 A Right to Education for the children between age
of 6-14 years.

A
added by 86th amendment 86th/2002
Act, 2002. ↑
↓→→ Right to Education Act.
- This article cannot be suspended in the time of emergency.
Article 22 → preventive detention.

a
punitive detention - punishment for the crime done.

by the people (Violation of article 21)

ta v
→ Punishment for the suspicious actions to be done in future

v as
→ for 3 months only.
↓

r i
(If extended for 1 year, then authorised by court not less than

S
High court)

an
1980 : National Security act
1985 : Terrorist and disruptive Activities act : (TADA)

A m repeated in 1995.
Dec, 2001 - Attack on parliament.
2002 - Prevention of Terrorism Act (POTA)
repeated in 2004.
Rights against exploitation :- (Art. 22, 24)
Art 23 : Prohibits forced labour or any kind of bonded labour.

va
ta
*** Except duties for society.

s
* Election Duty :

r i a
Polio programmes: Duties for society.

v
**Art. 24 : Prohibits child labour.

S
No child of below 14 years can be employed in factories / mines
or engaged in any other hazardous employment.

an
Rights to freedom of religion (Art. 25-28)

m
Art. 25 - Right to conscience (Individual)

A
- Right to profess. Religions of one’s choice.
- Right to practise. One can practise the procedures in his religion.
- Right to propagate →→ for benefit of people person can
also spread his religion.
Conscience - Right to understand god’s existence by his own views.

a
Profess - Declare his religion.
⇗ more than one (group of people)

ta v
Art. 26 → every religious denomination group shall have a right to

v as
establish and maintain institutions for religious and charitable purposes,
manage its affairs, properties as per the law.

r i
(For group) (Persons belonging to same religion can form group or

S
society ex. Aligarh Muslim University)

an
Art. 27 - State shall not raise any tax in the name of religion.
No public money can be used for supporting.

A m One particular religion. (Haj pilgrimage / Amarnath Yatra)

Art. 28 - No religious instructions can be imparted in any government
institution. (religious education is not allowed in govt. school.)
Cultural and Educational Rights (Art. 29, 30)

va
ta
Art. 29 → Every group having distinct language, script or culture of its

v as
own shall have the right to conserve the same. (If any language is on

i
verge of vanishing, then state can promote such language, script or
culture)

Sr
an
Art. 30 - Every religious and linguistic minority shall have the right to
establish and maintain educational institution. All such institutions are

A m
called minority status institutions. (In our constitution, religion
& language are mentioned)
 Rights to constitutional Remedies (Art. 32)

a
Art. 32 - In case of violation of fundamental right the person can

v
ta
approach the Supreme Court directly.

v as
- The SC shall issue orders including WRITS in the regards.

Sr i
Heart and Soul of part - III
of constitution. → Dr. B.R. Ambedkar.

an
WRITS : Five in Number.
(1) WRITS of Habeas corpus

A m ↓
Physically before the court.
- issued against unlawful detention of a person.
(2) Mandamus : ‘Command’ (कड़ा आदे श)

va
- Issued against those public officers who do not fulfil their

ta
public duties.

as
- It cannot be issued against President and Governor.
(3) Prohibition (forbid) (stop from) (Intra court WRIT)

v
r i
- Issued from a superior court to an inferior court in order

S
to stop that court from working.

n
On a case outside its jurisdiction.

m a
(4) Certiorari: ‘Informed’ (सू चत कया जाता है )
- Issued from superior court to an inferior court in order to quash the

A
judgement given in a case that was outside of its jurisdiction.
(5) Quo warranto
→ By what Authority

va
- Issued against those who occupy a public office unlawfully.
Amendability of FRs. (when FR can be amended?)

as
Art. 13 - No law can abridge a Fundamental right.
ta
r i v
(cannot be amended)
Art. 368 - parliament can amend the constitution.

S
an
25th amendment 1971 : parliament said:
- we can amend the whole constitution including Fundamental right.

A m
 SC said :
va
***1973 - Keshavanand Bharti Vs State of Kerala. (Fundamental rights case.)
FRs are amendable but amendment of parliament shall
not

as
amend any feature of
ta
r i v
‘Basic structure’ of the constitution.
If done your amendment will be held as Null & void.

S
-
-
an Free and fair Election
Secularism
* FRs are Justiciable.

A m-
-
Judicial Review
Rule of law.
 a
Part IV : Directive Principles of State Policy. (Art 36-51)

Art36/37/38

ta v
(Ireland) / GOI act, 1935 : Instrument of Instructions.

v as
- It is a set of suggestions for policy makers
- While making policy : ollow these DPS : these are welfare oriented.

r i
Non Justiciable

S
an
- Basically socio - economic rights
- On full implementation of these rights, state will become welfare state.

A m
Art. 39 → State shall make policy in such a way that there are
(a) adequate means of livelihood for all.
(b) Material resources are used for greatest common good.
 (c) No concentration of wealth in few hand.
(d) Equal pay for equal work.
va
s
Art. 39 A : Equal Justice and free legal aid.

a
Art. 40**** : Organisation of panchayats. ta
r i v
1957 : Balwant Rai Mehta committee.
-
S
It can be three tier system

an* village panchayat

A m * panchayat samiti
* Zila parishad
1959 : First panchayat

va
as
Panchayati Raj System Nagaur (Rajasthan)
(Narsimha Rao Govt.) ta
(Rural Local Government)

Sr i v
73rd/1992 : added part IX as : panchayats
Schedule XI : List of panchayats : 29 subjects.
74th/1992 : part IX A : Municipalities.

an Schedule XII : List : 18 subjects.

m
(Urban local government)

A
 a
Art. 41 : Right to work subject to economic capacity of state.
→ MGNREG ACT

ta v
(Mahatma Gandhi National Rural Employment Guarantee)

as
Art. 44 : Implementation of Uniform civil code.

v
i
Art. 45 : Care and education for children upto age

r
of 6 years.

S
Art. 21 A

an
A m
Right to Education Act
→ Mid Day meal care
- By 86th / 2002 → 6-14 years
and scientific lines.
va
Art. 48 - organisation of agriculture and animal husbandry on modern

1965 - Green Revolution - C. Subramaniam

as ta
Sr i v - Food minister in
Lal Bahadur Shastri Govt.
→ run by M.S. Swaminathan (Eminent Indian Scientist)

an In field of agriculture

m
→ Norman Burlong - American scientist

A - Father of Green Revolution

 a
**Art. 48 A - protection of wildlife, forest and environment.

v
ta
Art. 51 - Promotion of International peace.

s
- UNO / peace keeping forces.

r i a
1954 - Panchsheel - with China.

v
SC once remarked : If we are implementing principles and if

n S
fundamental rights are being violated while implementation of DPSP,
then try to implement them simultaneously. It problem still persist the

a
more importance to FR is given. (except few)

m
A
 a
Part IV A) 42nd Amendment act, 1976 as Fundamental Duties.

v
Art. 51 A)10 + 1
↓
as
: Duties
ta
→ Respect toward flag.
→

From USSR

Sr i v
86th/2002 → sending children to school etc.
(related to Education)

an
A m
President : Prime Minister
- Head of the state.

va
- Head of the government

ta
- Nominal powers - Real executive

v as
Presidential form of Govt.

Sr i
(ex. American Govt.) parliamentary form of govt.
संसदीय प्रणाली

n
* India follows parliamentary form of Govt.

a
A m
Art. 52: There shall be - President.

va
Art. 54 → Who shall be elected by electoral college comprising.
↓
tells
voters for :- all elected MPs

a
election
s + all elected MLAs ta
India is

Sr i v
of + ↓MLAs of Delhi + Pondicherry
Republic President (Members of Vidhan Sabha
(electoral college)

n
+ Rajya Sabha) (Anglo-Indian are

m a not eligible)

A
Article 61 - Removal of president : Impeachment:

a
- Ground : violation of constitution

ta v
- Method :resolution of removal can be introduced in either house.
- 14 days notice is sent to president by the initiating house.
↓

v as
i
Signed by ¼th of the total members.

Sr
- The house votes on it, it requires special majority for
its passage. (2/3 rd of total)

an
- If passed, it is sent to other house. In this house,

m
President is allowed to put forward his defence.

A
- If this house also passes it by Special majority, the president is
removed from his office.
→ So far, Article 61 has never been initiated.
Powers of President :-
- All executive actions of Union in the name of President.

va
- He is also called ‘Supreme commander of Armed forces’.

ta
(all war fights, all treaties are signed in the name of
President)

v as Chiefs of all three forces report to her)

r i
- Addresses both houses togethers on two occasions.

S * First day of first session (Budget session)

an
(He can call
Joint ssession)
*New Lok Sabha is formed ↓
Address of the president

A m
- Pardoning power.
↓
Motion of thanks
↓
(only president can make
- can issue an ordinance if the houses are not in session.
↓

va
ta
(law made by president)

s
→ Such an ordinance should be passed by both the houses.

i a
within six weeks of the reassembly of the house.

v
If not passed, it shall Lapse at the end of such period

r
n S
m a
- Election for the office of president should be completed before the
end of tenure of the outgoing president.

A
In case of vacancy, the election should be completed within 6 months
of the occurrence of vacancy.
(V.P. of India act as president for 6 months)
- Oath of office shall be administered by CJI (chief justice of India)
If not present, the senior most judge of SC.

va
ta
- Salary etc. is decided by parliament and is charged upon

v as
Consolidated Fund of India (CFI).
- only Rajendra Prasad remained president for two tenures.

r i
- Zakir Hussain and ‘F.A. Ahmad’ died in office.

S
- In 1977, ‘Neelam Sanjiv Reddy’ was elected unopposed. He had

an
earlier served as speaker of Lok Sabha (twice).***
- In 1997, in the election of ‘K.R. Narayanan’ the MLAs of Delhi &

m
P’chery participated for the first time.

A
Vice President:

a
Art 63 :- There shall be a V.P. Who shall be ex-officio chairman of Rajya

v
ta
Sabha.

s
- May act as President, while doing so, he enjoys all the powers &

r i v a
privileges of the President & shall not act as chairman of Rajya Sabha.

S
Elected by an Electoral college comprising all MPs of LS and RS only

n
and not MLAs.

m a
Qualification
|--→ Indian citizen

A
- (3) Similar. ---→ 35 years of age
|--→ No office of profit
- should be eligible to become member of Rajya Sabha.
Tenure:
- may resign to president.

va
s ta
- may be removed by member of Rajya Sabha on a resolution
passed by effective majority after a 14 day notice.

a
Sr i v
- agreed upon by Lok Sabha.

an
A m
→ - In case of vacancy in office of VP, the election shall be completed
as early as possible.
- Oath is administered by President.

va
ta
- Salary etc. decided by Parliament & is charged upon CFI.

v as
- He gets salary for being chairman of Rajya Sabha as there is no
function for the post of V.P. in the constitution.

r i
Salary of VP = salary of speaker of Lok Sabha

S
-Rajya Sabha

an
- In case of vacancies in both offices, the chief justice of India shall act
as President. 1969

A m ↓
CJI - M Hidayat-Ullah
V.P.
Leader of the House - The leader of ruling party in House is called leader
of the House.
3.) Judiciary :-

va
ta
- Integrated system (courts govern courts)
- Highest court is the Supreme court.

as
- SC is called ‘Guardian of the constitution’

v
i
- Also called final interpreter of the constitution provisions.

Sr
Art. 124 : There shall be a supreme court comprising chief Justice of India

a
→ 31 Judges.n
and 30 other Judges.

A m
→ Every Judge of Supreme court shall be appointed by President in
constitution with CJI who consult 4 senior most judges of SC.
It is called collegium. (CJI + 4 Judges)
- retirement : 65 years
Qualifications:

a
- citizen of India

ta v
- At least 5 years of experience as Judge in High Court.
or : at least 10 years of experience as Advocate in High Courts.

v as
or : The person is distinguished Jurist. (professors of law)
Removal of SC Judges :-
→ Art. 124 (4)

Sr i
- Grounds - Proved misbehaviour

an - Incapacity to act as Judge.

→ By a method in which the resolution can be introduced in either house

-
A m
Final order shall be signed by President.
→ 1993 : V. Ramaswami
(not passed)
Other Judges:
Ad-hoc Judge:

va
ta
- In case of lack of quorum in SC (not 31)

as
The CJI with previous permission of President and in consultation
with Chief Justice of High Court can direct a Judge of that high

v
r i
court to work as Judge of Supreme court for temporary period.

S
Retired Judge:

an
- In case of increased workload, the CJI with the previous
permission of the President may request a retired SC or HC Judge

A m
to work as Judge of SC for a temporary period.
Jurisdictions:
Original Jurisdictions:
↓
va
- Cases : exclusively for SC.

as
- Cases between Union govt. & state govt. ta
Sr i v State govt. & state govt.
Appellate Jurisdictions:
- By appeal on Judgement of HC.

an
Advisory Jurisdictions:

m
- SC may give advice to government on a presidential reference.

A
1998 : Art. 124 (2) : CJI + 4 Judges.
→ Until now 14 PRs has been sent to SC
If budget not passed, it is equivalent to No confidence motion. Govt. has to
resign.

BILLS:
va
Motion of thanks is not passed, it is equivalent to No confidence motion.

Three types:
- Ordinary Bill

as
- - can be introduced in either house. ta
r i v
- Requires simple majority for its passage.

S
- Rajya Sabha has all powers on ordinary Bill or it can amed or reject it.
- President : - gives his assets : Act

an
- May return (once)
- can do pocket veto (rarely)

A m ↓
Keep silence over the Bill for indefinite period of time
1986 : Zail Singh
|
Pocket veto on Postal Amendment Bill
- Money Bill - Art. 110
- Matters of taxes, CFI etc - 6 money matters.

va
A Bill based on atleast one matter of Article 110 is called money
Bill. (certified by Speaker)

s ta
- can be introduced only in Lok Sabha only on recognition of

a
president.

Sr i v
- Requires simple majority for its passage.
- Rajya Sabha : No real power. i.e. it cannot amend or reject a

an
money Bill. It can suggest some changes in the Bill to the Lok
Sabha separately, such suggestions are not binding on Lok

A m
Sabha.
It Lok Sabha accepts the changes the Bill is not sent to Rajya
sabha again.
- If Rajya Sabha does not respond on the Bill for 14 days after its

a
receiving, the Bill is deemed to have been passed by Rajya Sabha.
- President → gives his assent✔✔
or
ta v
as
Withhold assent

v
i
But shall not return***

Sr Pre Bound to sign Money bill because it is his own bill.

an
constitutional Amendment Bill : Art 968.

m
- can be introduced in either houses.

A
- Requires Special Majority for its passage.
- Rajya Sabha : all powers.
- President shall give his assent.
- Some Bills require ratification by Majority of the states
* Art. 54 Art. 55
va
↓

as
Electoral college
↓
Method of Election
ta
:PRS/STV.

Sr i v
of President
* Procedures of SC & HC.
* Schedule IV : RS seats
of President

an
* Schedule VII : lists.
* Art. 368 itself
→ special maj
→ Maj of states + special Maj.

A m → Simple Maj.
- Financial Bill

va
- A Bill based on atleast one matter of 110 and at least one matter

ta
outside article 110 is called financial Bill.

as
- It starts like a money bill and ends like an ordinary Bill. (All money Bill are
Financial Bill but all financial Bill are not money Bill)

v
Sr i
Opposition party -

n
- At least 10% of total seats.

m a
→ Largest of these parties is called ‘Leader of opposition.’
↓

A enjoys cabinet rank

- At least two sessions in a year.
- First session is called Budget (Longest session of the year
Feb-March)

va
ta
- Address of president

as
- Railway Budget
- Economic survey

v
r i
- General Budget

S
- Monsoon session (July-Sep)

n
- Winter session (Nov.-Dec.)

11-12 :

m a Q Hours
Shortest
: Notice

A
12-1 : Zero Hour : Urgent importance
↓
Indian Innovation ***
Dis- Qualifications of MP’s- (on order of President)

a
- Non citizen
- Office of profit
- Insolvency (Liabilities are more than assets)

ta v
- Unsound Mind

v as
- Under any other law (anti-defection law)

r i
Powers & privileges of MP’s

S
- Freedom of speech & expression in House.

n
- Right to regulate the proceedings of the House.

a
- Right to allow the publication and broadcasting of the proceedings of the

m
House.

A
- Right to exclude strangers from the House in order to hold secret seatings.
- Right to punish members and strangers for violation of privileges of the
members & the House.
Joint sitting of parliament:-

va
Art. 108 : Called by the President on the advice of council of Ministers when
there arises deadlock between the two houses over a bill.

s ta
- Such a bill is voted jointly and acquires simple majority

a
v
for its passage. (Majority of present + voting)

Sr i
- It is presided by speaker.
Dy. speaker
↓
(This bill is

n
Dy. chairman passed

m a
→ chairman never presides the joint sitting. Mainly by LS)
↓

A
Majority
Occasions when Joint sitting was used-
1961 : Dowry Bill
1978 : Banking Bill

va
ta
2002 : POTA

as
Art. 112 : President shall cause to be laid before the houses an ‘Annual

v
i
financial statement’ (union budget)

r
Goods→ Expenditure: Demands : Discussed and voted : Demands become

S (can bring cut motion) arants.

an To grant the demands from CFI.

It is Appropriation Bill : ACT] as money bill passed

A m
→ Income : Finance Bill : ACT
→ Budget runs between (1st April - 31 March)
in it.
↓
In LS
If budget not passed before 31 March.
→ vote on account → appropriation act.
It is a temp permission given by parliament

va
to the government to withdraw some money from CFI
Pending the approval of budget.

s
- Speaker and Deputy speaker

a ta
v
- Members shall choose among them as speaker & Dy. speaker.

Sr i ↓
(Member)

n
Art. 94* - who may be removed by the members by effective majority by

m a
serving 14 day notice.
* G.V. Manlankar

A
Effort of removal : defeated.
* Balram Jakhar
* panel
* LS secretariat
Speaker :
- He is the Head of the House.

va
ta
- He is called ‘Guardian of the powers and privileges of the members’.

as
- Final authority to certify a bill as ‘Money Bill’.
- As per convention (practises and tradition), the speaker resigns from the

v
i
membership of his political party, after becoming so he loses his right to

r
vote on any matter in the house in the first instance. He votes only when

S
there arises ‘tie’ over a matter in the house.

an
Such a vote is called ‘Casting vote’.
- All presiding officers enjoy the power of casting vote.

A m
- Speaker continues in his office until beginning of new Lok Sabha.
- Speaker resigns to Dy. Speaker and Dy. Speakers to speaker.
 a
Special powers of LS-
-No-confidence motion can be introduced only in LS
↓

ta v
(Rule No. 198.

v as (2008 - Lost No confidence

motion (Manmohan Singh)

Sr i - failed) (Nuclear case)

- Money Bill can be introduced in LS only. emergency revoked by the

an
recommendation of LS alone.
- Estimates committee : only LS members.

A m
Summon provisions:
Art 85 : President

va
ta
- shall summon the houses in such a way that the gap

v as
between he last meeting of first session & first meeting of next

i
session shall not be more than 6 months.

Sr
- shall prorogue the houses

n
- may dissolve the Lok Sabha.

a
A m
 a
Summoning (Pres).. LS …….End : Dissolution (Pres)

ta v
Session

v as
session session

Sr i
End : prorogation seating → speaker (quorum)

an (10% of total)

A m → end of adjournment sine die.

Powers of RS
- chairman (V. pres) (is not a member of RS)
- Deputy chairman is a member of RS
va
s ta
- members shall elects one amongst them : A deputy

a
chairman who can be removed by effective majority by

r i v
serving a 14 day notice.
-
S
It may be possible that neither chairman & deputy chairman is present

an
then V. pres appoints panel of chairman appointed by chairman.
-

A m
Rajya Sabha Secretariat : Secretary General :
↳ works under chairman. (Speaker of Rajya Sabha)
Special powers of Rajya Sabha (not available to LS)
- Removal of V. press - Art. 64.
Art. 249 : parliament can make law on any matter of state list if Rajya
Sabha members pass a bill in that regard.

va
ta
Art. 312 - creation of a new All - India Service (IAS, IPS, IFS)

v as ↓

Sr i Service common to both RS & LS

↓

an work for particular state.

(rest of services - central service)

A m
AIJS - all India judicial service (yet to be made)
Other powers : Emergency can not be continued beyond 1 month without
its concurrence. (सहम त)

va
ta
- Constitution cannot be amended without its concurrence.
-
s
Members of Rajya Sabha can become ministers including PM also.

v a
i
JPC = Joint Parliamentary Committee

Sr
n
Parlimentary committee

a
A m
Standing
(whole years)
adhac
(1 year)
: specific function. (purpose)
JPC - P.C. Chaoko
House of people (Lok Sabha)
- not more than 530 members elected directly : states

va
- not more than 20 members elected directly : UTs.

as ta
- 2 Anglo - Indians : Nominated by President. (No more since 2020)

530
Sr i v
→ 552 - sanctioned strength

------
an
13 - from UTs.

A m
543 + 2(Anglo)
545 Total strength
General election of country.
Tenure : 5 years.
- May be dissolved.

va
- However can continue beyond 5 years if emergency is imposed, then

emergency is revoked
Qualifications:-
a ta
parliament will extend tenure 1 year at a time, any no. of times until

s
r i v
(3) similar
+25 yrs of age.

S
Officers of Lok Sabha:-

an
- Pro tem speakers : appointed by president.
(senior most member of Govt. Oath by president : constitute the

A m
- Election of speaker
LS oath of
new member
 a
Council of Ministers:-

v
Art. 74 : There shall be council of ministers with PM at the head to aid and

ta
s
advise the president.

th

r i a
By 42nd/1976 - The president shall act as per the advice.

v
44 /1978 - The president can return the advice for the reconstruction of

S
council of minister (once only)

n
m a
Art. 75 - The PM is appointed by the president and ministers are also
appointed by president an advice of PM.
-
A The minister shall be individually responsible to president.
75(3) - The council of ministers shall be collectively responsible

va
to Lok Sabha. (If govt. Is not working properly, then

ta
lok Sabha members can check the performance

v as and no confidence motion is passed against

govt.) (If PM resigns, whose govt. Has to

Sr i be resigned)
Manmohan Singh can’t vote for himself in no.

n
confidence motion as he is member of Rajya Sabha)

m a
A minister who has not become member of either house within 6 months of
becoming a minister; shall not continue as minister of the end of such

A
period.
In 1991, Manmohan Singh was made finance RS parliament

a
minister by Narasimha Rao while he was
A non member
Chairman of UGC. LS

v
Of parliament can

ta
Become minister

v as
Comprises Ranks (taken from england)
but later he has to
become ministers.

Sr i
- cabinet ministers → cabinet secretariat
- minister of states ↓

an
- Deputy Ministers.
Run by cabinet secretary
(senior most IAS in country)

A m
Council of Minister
Cabinet secretariat
Cabinet secretary
work under PM.
Art. 78 - It is duty of PM to furnish all information about affairs of union to

a
the President from time to time. Right to information of president.

v
Union Legislature:- (lawmaker body)

as
- There shall be a parliament comprising president
ta
Sr&
i v
and - council of states. (Rajya Sabha)

House of the people (Lok Sabha)

an
- Indian councils act, 1930. (Bicameral form of government)
Council of states (Rajya Sabha)

A m
Composition of Rajya Sabha:- (members from various states are chosen

va
and sent to RS)

ta
- comprises of not more of 238 members elected

v as
by elected MLA’s of states / UT’s by
voters for Rs members

Sr i
- 12 members : Nominated by President in field
of - Literature

n
- Science

m a -
-
Art
Social Science.

A - Initially 233 + 12 are nominated → 245.

- 250 - sanctioned strength. total