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CPC Notes
➢ Meaning of Constitution:
• The word constitution is developed from the word “CONSTITUTE” which means “to
frame” or “to establish” or “to compose”. It is a document which contains the rules
and regulations which governs the relationship between the rulers and the ruled and
also among the member of state.
• The idea of having Constitution of India is first moved by M N Roy
• India is referred as Bhatath_under Indian constitution
• India has been declared/described under Article 1 as a Union of states
• 1757-Plassey Battle:
o After the death Strong Moghul Empire Aurangzeb Moguls lost control over the
Indian administration
o The small units called NAWABS started quarrelling and fighting each other to take
control over the other provinces
o The East India Company took full advantage of this chaotic situation
o For the first time in INDIA the Company defeated the Bengal Nawab SIRAJUDULLA
in famous Battle known as Plassey Battle
o It laid down the foundation for the British Empire/kingdom in India
o It boosted the confidence of the British East India Co to acquire more provinces in
India.
• 1885-Indian National Congress was founded which led the country in front to fight
against Britishers.
o A.O.Hume, a retired Indian Civil Services officer, General Secretary
o W.C.Bannerjee was the President Founded at Bombay
• 1928-Motilal Nehru
o He made first attempt to write Constitution of India
o Rejected by British Crown
2. Written constitution:
• Indian Constitution is Written and bulky document
• All the provision reduced into writing
5. Fundamental Rights:
• FR are part and parcel of Original Constitution under
• Part III, Art.12 to 36
• Totally 6 FRs- Right to Equality, Right to Freedom, Right against Exploitation, Right to
Religion., Cultural and Educational rights of the Minority, Right to Constitutional
Remedy
3.1 Meaning
• It is a sort of Introduction to Constitution
• The basic features of the Indian Constitution is found in Preamble.
• Preamble is an Important test to identify the basic features of the Constitution of India
• It Express the wishes and the thought of the Makers of Constitution
• It is a Key to open the minds of the Constitution Makers
• The minds of the makers of Indian Constitution is reflected in Preamble
• The preamble contains in the nutshell the ideals and principles of Members of the
Drafting Committee
• Preamble is on the basis of Nehru’s “Objective Resolution” adopted in first meeting of
the Constituent Assembly-9th Dec.1946
• So far it was amended only once in 42nd amendment Act,1976 inserted 3 words: 1)
Secular, 2) Social 3) Integrity
• The ultimate source of authority in India is the people.
• The constitution of India declares India as” a union of states”
• Preamble is the Part and Parcel of Constitution held in Land Mark Judgment in
KESHAVANANDA BHARATHI case
“We, the People of India having Solemnly resolved to constitute India in to a 1)Sovereign
2)Socialist 3)Secular 4)Democratic 5)Republic and to secure to all its Citizens:-
In our Constituent Assembly on 26th Nov, 1949 do herby adopt, Enact and give to ourselves
this constitution
• Socialist county
▪ Inserted by 42nd Amendment, 1976
▪ Two types of Socialistic
▪ Communistic socialism –
o Nationalizations of all means of production and distribution
o Abolition of private property
▪ Democratic socialism
o Mixed economy
o It is a blend of Marxism and Gandhism
o Where both private and government sectors exists side by side
o To end poverty, inequality, ignorance,
• Secular country
▪ inserted by 42nd Amendment, 1976
▪ State has no religion
▪ Secular means-Treating All religions equally irrespective of their strength
• Democratic country
▪ Democracy- Citizens have Rights of voting, periodical election, rule of law,
independent judiciary, absence of discrimination
▪ Democracy in India rests on the fact that People have the right to choose and
change the government
• Equality-no discrimination
▪ Absence of special privilege to any section of society or group of society or
individual before law, in public appointments and political opportunities.
• Fraternity-
▪ Fraternity means “to promote sense of brother hood” or “to promote sprit of
common brother hood”
▪ All religions, deferent linguistic, regional peoples are like brothers, All are
Indians
4.1 Introduction
• FR’s included in the original constitution
• Part III, Art 12 to 36
• Framers of Constitution derive inspiration from the Constitution of USA (Bill of rights)
• FR’s are guaranteed/definitely/assured by the Indian Constitution to all citizens/person
without any discrimination
• FR’s are“Justiciable”/enforceable against STATE
• FR uphold the equality and dignity of the individuals
• FR’s ensure political democracy
• It prevent despotic rule/dictatorial/tyrannical/autocratic rule of our rulers
• To establish Govt. of laws/Rule of law notGovt of men
• Why FR’s called fundamental- they guaranteed and protected by the fundamental
law (CONSTITUTION)
• Originally 7 FR in the original Constitution, they are
o Right to Equality-(Art-14-18)
o right to freedom (Art.19-22)
o right against exploitation (Art 23 & 24)
o right to freedom of religion (Art-25 to 28)
o Cultural and educational rights ( Art 29 & 30)
o Right to Constitutional remedies (Art 32)
o Right to Property (Art 31) was deleted by the 44th Amend Act, 1978, now
Right to Property is a legal right under Art.300A.
4.4 Art 13 says that all laws that are inconsistent with the FR shall be void
• Art-15- Prohibits Discrimination on the basis only on Religion, Caste, Race, Gender/Sex
or Place of birth to access
▪ Shops, Public restaurants, Hotels and places of public entertainment
▪ Use of wells, tanks, resort, bathing places, roads which are wholly or partly by State
funds or dedicated to use for publics
▪ But state can make reservations through a law
▪ 15 Clause (3) special provision to women and children
✓ Reservation for women’s in jobs, college’s seats
✓ Reservation for Backward Classes
▪ Aim-to eradicated Varnasystem- untouchability
▪ No double Jeopardy
✓ No person shall be prosecuted/put to trail or punished for the same offence
more than once
▪ No Self incrimination
✓ No one shall be compelled to be a witness against himself for both oral and
documentary evidence
✓ not extended/applicable to the Accused
➢ for production of document
➢ to give thumb impression, signature, blood sample
➢ compulsory exhibition of body
• Art-21 Right to life and personal liberty: No person shall be deprived of his life and personal
liberty except according to the procedure established by law.
▪ Available to both Citizens and Non-Citizens
▪ Art.21A inserted by 86th Amendment Act,2002
✓ Free and compulsory education to all children under the age group of 6 to 14
years
✓ Art.21A inserted by the 86th Amendment Act, in 2002, RTE-Act- Right of
Children between the age group of 6 to 14 years of age-free and Compulsory
Education Act-2009 by Parliament
✓ To give Primary Education
✓ Right to privacy/Right to primary education Right to decent
Environment/to live with dignity are included in Right to life and personal
liberty
▪ Writ of Mandamus
✓ Literally Mandamus means “we command”
✓ It is a command issued to a public official asking him to perform his official
public duties.
✓ This writs is issued to public corporations, public authority or inferior courts,
tribunal or Govt directing them to perform their public duty
✓ It cannot be issued against private individual or body
✓ Not to issue against President and Governor, CJ of HC
▪ Writ of Prohibition
✓ Literally Prohibition means “to forbid”
✓ Issued by the Higher court to lower court which exceeding its jurisdiction in the
earlier stage of case
✓ Only against judicial and quasi-judicial authorities
✓ Before passing order/preventive
✓ Not available against administrative authorities, Legislative bodies or
executive functions and private individuals
▪ Writ of Certiorari
✓ Literally Certiorari means “to be certified” or “to be informed”
✓ Issued by the Higher court to lower court which exceeding its jurisdiction or
error of law
✓ only against judicial and quasi-judicial and administrative authorities which
affect the rights of individuals
✓ both preventive and curative
✓ not available against Legislative bodies and private individuals
▪ Quo-warranto
✓ literally means “by what authority or warrant”
✓ issued against an public/govt. officer who illegally occupies an public office
4.11 Art.33-34- Empower the Parliament to restrict or abrogate Fundamental Rights to the
members of Armed forces, Military, Paramilitary, Police Forces.
• Introduction:
o Part IV of Indian Constitution, under Art-36 to 51
o Borrowed Idea from IRISH(Ireland) Constitution
o Dr.Ambedkar Describe DPSP as ‘Novel Features’ of Indian Constitution
o Dr.Ambedkar also called DPSP as “ instrument of instruction”
o The enforcement of the DPSP depend upon the availability of resources of the Govt.
• Features of DPSP
o Aims/purpose of having DPSP is to establish“welfare state”
o The Ideal of welfare state is enshrined under DPSP
o DPSP are Social and economic rights
o The phrase economic justice is found in Preamble and Directive principles of state policy
o It denotes ideals/principle/ultimate object that state should keep in mind while formulating
the policy
o Constitute a very comprehensive Economic, Social Programme for the modern democratic
state/welfare of the people
o DPSP are Non-Justiceable/we cannot compel the Govt. to implement them and cannot be
enforced in the any Courts.
o Positive instructions to government to work for the attainment of set of objectives
o DPSP are in the nature of Guidelines to the State
o The Constitution assures economic justice to the Indian citizens through DPSP
o The DPSP can be classified in to Socialists, Gandhians and liberals
o DPSP aims to Rising the standard of living of the people
• Classification of DPSP
Socialistic Principles Gandhian Principles Liberal Principles
38.To promote welfare of the 40.Organize village 44. Uniform Civil Code
people by securing social panchayath throughout the country
order to minimize inequality (Marriages, inheritance,
in income and status divorce, adoption, succession)
39 to secure adequate means of 43. To promote cottage 45. free and compulsory
lively hood for all citizens industries education
o Equitable distribution of
material resources 46. to promote education and 48A to protect and improve
o Prevention of concen- economic interest of SC & ST environment
tration of wealth and and other weaker section of (42nd Amendment.1976)
means of production the peoples
o equal pay for equal work 49. to protect monuments,
for men and women 47. To Prohibit liquor’s other historic buildings which are
o to preserve the health of intoxicants and drugs which national importance
the workers are injurious to health
o healthy development of 50. to separate judiciary from
children the executive
39A free legal aid to Poor 48.Prohibition of slaughtering 51. To promote international
(Inserted by 42nd of cows and others cattle and peace and security
Amendment.1976) to
improve their breed
41. To secure Right to work
and education
42 Maternity Benefit and
humane condition at work
43A Participation of workers in
management (42nd Amendment
1976)
6.FUNDMENTAL DUTIES
• Indian FD inspired/borrowed from the constitution of USSR (Russia)
• Duty/responsibility/obligation – something to do or abstain from doing that are expected or required
to do by moral or legal obligation
• Applicable to all Citizens
• Guidelines to the citizens to perform/conduct in their day to day activities
• FD’s enshrined under Part IV A, Art.51A
• FD’s are NOT included in original Constitution
• Inserted by 42ndamendment act in 1976
• On the recommendation of Sardar Swaran Sing Committee Report
• 42nd amendment act in 1976-there were 10 Fundmental duties
• by 86nd amendment act in 2002-one more FD added
• Parliament can impose Penalty for violation of Duties
• The Fundamental duties have been incorporated in the constitution to remind every citizen that they
should not only be conscious of their rights but also of their duty
• Moral obligations of all citizens to help promote a spirit of patriotism and to uphold the
unity of India.
Fundamental Duties
1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
2. to cherish/Cultivate and follow the noble ideals which inspired our national struggle for freedom;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people to renounce
practices derogatory to the dignity of women;
6. to value and preserve the rich heritage/tradition of our composite culture; (unity in diversity)
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to
have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
10. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement.
11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may
be, ward between the age of six and fourteen years.
Prepared by ANANT B.G Page 17
7.ORGANS OF THE UNION & STATE
Introduction
• The 3 organs or main pillars of Indian constitution are
o Legislatures:- Union Legislature/Parliament and state legislature
o Executives:- Union Executes and state executives
o Judiciary:- Supreme Court and High Court
• Primary functions of 3 organs:
o The legislature makes laws, the executive enforces/implement the law and the judiciary
applies the law to the specific cases arising out of the breach of law.
7.UNION EXECUTIVE
• Union executive includes –President, PM, Ministers and Attorney general of India
7.1. PRESIDENT
• The president of India has similar constitutional authority as that of the British Monarch
• Art. 52( Part V) says there shall be a President for Union India
• He is integral Part of PARLIAMENT/UNION Legislatives
• Constitutional Head of the State/First Citizen of India
• Chief Executive of the STATE
• He is a nominal head of the state the real power vested with PM & Council of Ministers.
• President represent the nation but does not rule the nation, therefore, the real executive are PM
& Council of Ministers
• PM & Council of Ministers carried out day today administration in the name of the PRESIDENT
• President is acting on the advice of the PM & Council of Ministers
• President of India is elected indirectly by the people
• His salary charged on the consolidated fund of INDIA
• Oath-by Chief Justice of INDIA/ in his absence senior most SC Judge
Election of President
• The system used to elect the President of India is Proportional representation
• Election of the office of the President is conducted by Election Commission
• President is elected indirectly by the people of India for 5 years
o by an electoral college consisting
▪ All elected MP’s of Lok-sabha & Rajyasabha
▪ All elected MLA of the all states and Union territories of Delhi &
Pondicherry
o Nominated members of LS, RS and Assembly, and MLC are NOT parti cipating in the
president election
o His nomination to election must be proposed and supported by 50 Parliamentarians
o eligible for re-election for any number of times
o Any dispute regarding the election of President and Vice President is decided by Supreme
Court.
o President and Vice President are immune from criminal proceedings, process for the arrest
or imprisonment and he is not answerable to any court for the exercise and performance of
his duty in office
IMPEACHMENT/charge/accusation of President
o Process of removing of President is called as impeachment procedure.
o The President of India can be removed from the office by initiating process called
IMPEACHMENT on the grounds of Violation of Constitution by both the houses of
Parliament
o Motion for impeachment can be initiated in either house of Parliament
o 14 days advance notice must endorsed by ¼ of the members of the house.
o 2/3 members should present and vote in Parliament on majority, in favor of impeachment
o System of impeachment was borrowed from the constitution of USA
o Executive power
▪ Administrative head of Republic of India
▪ All accounts and agreement carried out in the name of the President on behalf of the
Govt.
▪ President empowered to appoint
✓ PM and the Union Minister on the recommendation of the PM
✓ Judges of HC & SC
✓ Governors of the state
✓ Comptroller and Auditor General of India (CAG)
✓ Chief Election Commissioner (CEC)
✓ Attorney general of India-Highest law/legal officer of the country/chief legal
adviserto Union Govt.
✓ appoints & remove Chairman and members of :-
❖ UPSC
❖ NHRC-National Human Rights Commission
❖ Backward commission
❖ National Commission for Woman
o Financial power
▪ Financial bill cannot be presented in the Parliament without the Consent of the
President
▪ The members of finance commission and Planning commission appointed by President
▪ Custody of the contingency fund of India is with President
o Military power
▪ Chief commander of the armed forces
▪ Power to declare war and peace
▪ Chiefs of Army, Navy and Air force appointed by President
o Diplomatic power
▪ Send and received ambassadors
▪ Represent country in international affairs
▪ He does not sign any treaties or agreements or settlements
o Emergency power
▪ May declare or call back emergency
✓ National Emergency/armed rebellion/external war/ threat to the security Nation
Art.352
✓ State emergency/President Rule/failure of Constitutional Machinery in the state
Art 356
✓ Financial Emergency/ financial ability is at risk Art.360
PRIME MINISTER
• Art.74 provide that there shall be a council of ministers headed by a Prime minister
• PM is the “Key stone” of Indian Constitution,
• PM is head of the Government and real executive
• PM is appointed by President
• Council of Ministers appointed by the President on the advice of the PM
• President administer oath to the PM and other Ministers
8.1 PRESIDENT
• Not a member of either house
• Does not sit in Parliament
• But he is an integral Part of Parliament because a bill passed by the both houses become law only
after his assent to it.
• He also summon and prorogue parliament,
• Dissolve parliament and address both the houses, issues ordinance
8.9 BUDGET: ANNUAL FINANCIAL STATEMENT: the term ‘Budget” not explicitly stated in Constitution,
▪ It is “annual financial statement prepared by the Economic affairs Department. It can be
introduced by the Finance Minister only in Loksabha with prior permission of the President.
9. STATE EXECUTIVE
9.1. GOVERNOR
• QUALIFICATION
▪ Must be citizen of India
▪ Must have attain/completed the age of 35 years
▪ should not hold an office of profit-national, state or local
▪ should not by unsound mind
▪ should not be an insolvent or bankrupt/not able to clear loans/pauper
▪ he should be an outsider-free from local politics(Jaya chamarajwodeyar)
▪ before appointing president must consult the CM
• Term of Office
▪ 5 years or during the pleasure of the President
▪ resign in writing to President
▪ he may be removed by the President without giving valid reason
o Financial power
▪ Annual financial statement-budget laid before the assembly
▪ the members of state finance commission and Planning commission appointed by
President
o Judicial power
▪ Pardoning sentence of person including death sentence
✓ may reduce sentence
✓ cancel total punishment
▪ he will be consulted before Appointing to HC Judges
▪ he appoints, promotions, posting of District judges in consultation with HC
o Discretionary power
▪ if no party enjoins majority it is left to the Governor to call any person to form Govt and to
prove its majority
▪ dissolution of assembly if council of ministers has lost its majority
▪ he can reserve some bills for the consideration of the President
▪ he can recommend to President to impose president rule if he feels that constitutional1
machinery fails in the state (Art.356)
• Art.168-212 part VI deal with the state legislative, organization, composition, duration power and
functions
• In India no uniformity in the organization of state legislature
• Most of the state has only one house-lower house
• only in AP, Karnataka, UP, Bihar, Maharashtra have bicameral system-two house
• State Legislative includes
▪ Governor
▪ Legislative assembly (MLA)-vidana sabha –lower house
▪ Legislative Council (MLC)-vidhanaparishad-upper house
• Composition
▪ at present sanction strength of SC Judges including CJ of India is 31 (30 judges +1 CJ) before
2008 SC has totally 26 judges including CJ(25 judges +1 CJ)
▪ SC judges are appointed by President after consultation with Judges of SC and HC-
Collegium
▪ Seniority principle is following in appointing Chief Justice of SC
• Qualification
▪ Citizen of India
▪ Must have served as a Judge of HC for the period 5 years
▪ should be practicing advocate in HC for the period 10 years
▪ He should be a distinguished/eminent/famous jurist in the opinion of President
• TENURE
▪ SC chief Justice or other Judges can hold office until 65 years of age
▪ may resign in writing to President
▪ SC chief Justice or other Judges can be removed by President from office on
recommendation of Parliament that process is called as“impeachmentprocedure”on the
grounds or charges of Proved misbehavior or incapacity.
• Independence of Judiciary
▪ the judges of SC after retirement are not permitted to carry on practice before SC, HC or
before others Courts
▪ power to punish contempt of Court
▪ Mode of appointment of judges to SC-president must consult CJ
▪ Security of tenure-not during the pleasure of president
▪ Original Jurisdiction-
o the cases that arises between central Govt and states, between two or more
state must be filed in SC only
o SC is the final interpreter of the Indian constitution. all the cases involving an
interpretation of Indian Constitution fall within the original jurisdiction
o SC has the final power to investigates disputes regarding the election of President
and Vice President
▪ Appellate Jurisdiction
o Can appeal to SC in case decided by High courts in the following matters:-
✓ Constitutional matters up on the judgment of High Court
✓ Civil Matters up on the judgment of High Court
✓ Criminal matters up on the judgment of High Court
✓ Appeal by Special Leave (Art.136)Petition
o It is a discretionary power to entertain any matter on the judgment
passed by the any court except Military tribunal and court martial
o discretionary cannot be claimed as matter of right
o Any matter-civil, criminal, Income Tax, Labour, Revenue, etc.
o discretionary can be granted against any court or tribunal
o scope of this provision is very wide
▪ Advisory Jurisdiction
o President can seek advice on law in the matter which are of Public importance
o advice given by the SC to President isnot binding on President
o Supreme Court of India tenders its advice to the president on the matter of law or
fact only if President seeks advice
▪ Court of Record
o All Judgment, proceedings of SC will be keep and preserve
o All Judgment of SC are admissible in all the courts in India
▪ Judicial Review-
o the framers of Indian Constitution borrowed the idea of Judicial Review from the
constitution of USA
o Constitutionality of Legislative enactment or executive orders. If SC found such
legislative enactment and executive order, violative of the constitutional provision,
• Appointment and Oath of the Chief & other judges of High court
▪ President has the power to increase the number of judges of High court
▪ The Chief and other judges of High courts are appointed by the President after consultation
with Chief justice of concerned High court and the Governor of the concerned state
▪ President can appoint a temporary judge of the High Court and such temporary judges can
hold office for a maximum period of 2 years
▪ Oath to Chief Justice & other judges of HC administered by GOVERNOR
• Salaries and other emoluments of the Chief Justice and other judges of the High Court shall be
decided by the Parliament
• Composition
▪ a CJ and other Judges
▪ Constitution does not specify the strength of the judges in a High Court and leaves it to the
discretion of President
▪ Chief Judges and other Judges of HC are appointed by President.
• Qualification
▪ Citizen of India
▪ Must have served in a Judicial office in India for the period of 10 years
▪ should be practicing advocate in HC for the period of 10 years
• TENURE
▪ until 62 years of age
▪ may resign in writing to President
▪ can be removed from office on recommendation of Parliament/ impeachment procedure
same as that of a Supreme Court Judge
• Regional Election commissioner may be appointed and may be removed by President with
consultation of Election Commission or Chief Election Commissioner
13.3 Women
• Introduction
o Women and Children are consider to be the vulnerable/weak group
o The constitution empowers State Government to make special law for Women and Children
o National commission for women was constitutedunder Act of 1990
o Art.14-Equality before law and Equal protection of Law
o Art.15-state shall not recriminate only on the basis of Religion, race, caste, Gender/sex or place of
birth
o Art.16-Equality in public appointments
o Art.39(d) Equal pay for equal work
o Art 51A-to respect women is one of the Fundamental Duties.
o Art 243(d) provides that- not less than 1/3 reservation of seats in Panchayath for women
o Art 243(T) provides- not less than 1/3 reservation of seats in Municipalities for women
o It is left to the particular states to give reservation more than 1/3 but not less than 1/3 in all the
Local self-Government system.
o A Bill to provide 1/3 seats reservation for women in Parliament and state assembly has not been
approved by the Parliament.
13.4. Children
• Introduction
o Art -21A-free and compulsory education until the age of 14 years
o Art 23- prohibition of human trafficking/trading & Begar including children
o Art. 24-abolistion of child Labour
o Art.39-state shall protect women and children health
o Art-45 early child hood care till the age of 6 years
o prohibition of child marriage-
o as per the Marriage Act of 1954-age to get marry fixed for Men 21 years and for Women-
18 years
o Legally permissible age to marriage for boy is 21 years & for girl is 18 respectively
Introduction
o Art 352-360 deals with Emergency provision
o During the emergency central Govt. becomes Power full. All the states comes under the total
control of Central Govt- Federal feature of Government will convert in to Unitary system
o President is empower to make proclamation of Emergency
o there are 3 types of emergencies-
▪ National emergency
▪ State emergency/constitutional emergency
▪ Financial Emergency
15.1. Panchayath
• Local self Govt. in Rural called as Panchayath
• India has a democracy, Panchayath/Municipalities are the best example for the India’s
democratic form of Govt.
• 73rd Amendment Act,1992 deals with the local self-Government in the Rural parts of India-
Panchayath Raj system
• it inserted a New “Part-IX” and Art.243 “A” to 243 “O” which deals with Panchayath
• Minimum age to contest Panchayath and municipalities is 21 years
• In Karnataka These LSG has 3 tier/levels
▪ Gram Panchayath
✓ for population of 5000
✓ representatives of gram panchayath are elected directly by the peoples of the
particular panchayath for 5 years
✓ the members of gram panchayath elect among themselves the President &Vice
President of gram panchayath
✓ term for 5 years
✓ Gramasabha is body or assembly consisting all the registered voters of the villages
of a panchayath
▪ Taluk Panchayath
✓ 1 member for 10,000 population
✓ Structure: apart from elected members MPs of Lok-Sabha & Rajyasabha, MLA &
MLC,1/5 of the presidents of Gram Panchayath on rotation basis
✓ term of Taluk Panchayath is 5 years
✓ the President & Vice President will be elected among themselves for the period of
20 months
▪ Zillah Panchayath
✓ 1 member for 40,000 population
✓ Structure: apart from elected members MPs Lok-Sabha & Rajyasabha, MLA &
MLC
✓ term of Zilla Panchayath 5 years
✓ the President & Vice President will be elected among themselves for the period of
30 months
ELECTIONS TO Panchayath Raj system
• Direct Election
• Election conducted NOT on the basis of Political Party in the Gram Panchayath
• Election will be conducted by STATE Election Commission established under Act.
• Reservation in the Grama, Taluk & Zilla Panchayath:-
▪ 15 % for SC, Based on the proportion of the population of SC
▪ 3% for ST based on the proportion of their Population
▪ 1/3 of seats reservedfor WOMEN
• Financial autonomy/independence has been given to Panchayath
15.2. Municipalities
• Local self Govt in Urban called as Municipalities/Mahanagara palike
• 74rd Amendment Act,1992 inserted New Part-IX A and Art.243 “P”to 243“ZG” deals with
Municipalities or urban local bodies
• In Karnataka
▪ Town Municipal council
✓ Population between 20,000 to 50,000
▪ City Municipal Council
✓ Population between 50,000 to 3,00,000
▪ Mahanagara Palike
✓ More than 3,00,000 population
• Profession:
o Profession is a job or an occupation in which a person acquired special knowledge/skill
/training/qualification and applies those knowledge to earn/income/livelihood which
needs self-regulation
o ECI-Engineering Council of India.
o Engineering registration is a privilege/honor/licence, not a right
o this privilege demands that Engineers must responsibly represent themselves before the
public in a truthful way
• Ethics:
o the word ‘ethics’ derived from Greek word “ETHOS” means ‘Customs’
o Ethics is branch of knowledgewhichdeals with the moral
o Professional ethics
✓ is a set of moral principles/a code of conduct/behavior that should be adopted
in the Engineering profession
✓ Set of rules relating to personal character of professionals
• Engineering ethics
o The professional ethic deals with Ethical standards, accepted by the professional
group/community
o It is a code of scientific rules based on ethics
o Professional ethics is Set of rules relating to personal character of professionals
o Professional ethics takes in to account the Personal character of Engineers
o It is rules and standards governing the conduct of an Engineer in their role as
professionals
o it sets out the code of conduct/behavior of an engineer in carrying out of his
engineering work includes consultation, researching, designing, manufacturing, servicing
and writings
CONFLICT OF INTEREST
• Conflict of interest arises due to any interest/obligation and loyalty of the engineer that are
expected to influence the engineer’s professional judgment.
• Conflict of Interest may hampers the progress
• Corrupt professional judgment leads to Conflicts of Interest
16.5.1 RISK
• Engineering necessarily involves risk
• A compound measure of the probability and magnitude of adverse effect is known as RISK
• Element of risk is greatly increased because engineers are constantly involved in innovation. For
E.g. construction of a new bride with new material or with new design, new machines are created
by the engineers.
• All engineering codes give prominent place for safety. Engineers must hold paramount the safety,
health and welfare of the public in their function
• Risk estimation can be done by using event tree
• Risk expert-
o Define risk as the product of probability and the magnitude of harm
o Experts wants to balance the risk and benefit in a way that optimizes overall public well
being
o the risk experts’ advice/approach is usually Utilitarian
o experts define the ACCEPTABLE RISK in broadly UTALITARIAN terms, where the risk
must at least equal to the benefit
o Acceptable risk- certain amount of risk has to be taken to get the benefits of technology
which leads to progress
o Acceptable risk means Risk of harm equal to probability of producing benefit
o Risk as a maximizing benefit is understood by Risk/benefit analysis
o Risk estimation can be done by using Event tree
o Allowing increased number of deviances from prescribed standards of safety and
acceptable risk is referred to as Normalizing deviance
o One of the characteristics of high risk technologies susceptible to accident is complex
Combinations
• “Tight Coupling”
o means the processes are tightly coupled if they are connected in such a way that one
process is known to affect another and spread the adverse effect to the entire system
• “Complexly interactive”
o The parts of the system can interact in unanticipated ways
o no one dreamed that when “A” failed, it would affect the “B”
o In Complexly interactive system risk estimation is difficult
16.5.2 SAFETY
• All engineering codes give prominent place for safety. Engineers must hold paramount the safety,
health and welfare of the public in their function
• Cyber Crime
➢ Meaning:
o not defined under any act enacted by the Parliament
o Cyber Crime refers to any crime that involves a computer or a network. It is a unlawful
act where in the computer is either a tool or a target or both
• Smurf attacks Smurf is a network layer distributed denial of service (DDoS) attack,
named after the DDoS.Smurf malware that enables it execution. Smurf attacks are
somewhat similar to ping floods, as both are carried out by sending a slews of ICMP
Echo request packets. Unlike the regular ping flood, however, Smurf is an amplification
attack vector that boosts its damage potential by exploiting characteristics of broadcast
networks.