Historical background

Author: Abhishek D

1. MN Roy - Proposed idea of constituent assembly in 1934

2. Exclusive right of trading with India by charter act of 1765
3. The regulating act of 1773

(i) Recognised first time political and administrative function of company

(ii) Laid foundation of central administration in India
(iii) Governor of Bengal -> Governor General of Bengal with 4 member Executive council (Warren
Hasting)
(iv) Bombay and Madras subordinate to Bengal
(v) Supreme Court at Culcutta (1774)
(vi) Prohibited servants from private trading or accepting present or bribe from natives
(vii) Court of director required to report on revenue, civil and military matters to government [First
time Cabinet given right to exercise control over Indian affairs]

Amendment, 1781 - Act of settlement, related to SC

4. Pitts India act 1784

(i) Companies territories termed as British possession

(ii) Created board of control to manage political affairs [Separation]
(iii) Britain government given supreme control over Company's affair and administration

Act of 1786 - Cornwallis given power to override council decision

5. Charter act, 1793

(i) Renewed Company's commercial privileges for next 20 years

(ii) Royal approval need for appointment of governor, governor general and Commander in chief
(iii) Company empowered to give license to Individual to trade in India (Pave opium trade with China)
(iv) Home government member to be paid out of Indian revenue (Continued till 1919)
(v) Separation of judiciary and revenue function (disappearing of Maal Adalats)

6. Charter act, 1813

(i) Company's monopoly ended (trade with china and tea retained)
(ii) Company to retain possession of territories & revenue for 20 years or more without prejudice to
crown & regulation made to be led before parliament [Constitutional position of British territories
in India first time defined explicitly]
(iii) One lakh set aside for encouragement of literature, learning and science in natives
(iv) Christian missionaries were permitted to come India and preach their religion

7. Charter act, 1833

(i) Final step towards centralisation

(ii) Governor general of Bengal -> governor general of India & vested him with all civil and military
power (William Bentick, created Government of India)
(ii) deprived Bombay and Madras of legislative power [GGI exclusive legislative right, laws will be called
as act]
 (iv) Company's territory held by it in trust of his majesty and his hairs and successor
(v) Attempted to introduce system of open competition in ICS & Indians should not be debarred
[later negated]
(vi) Monopoly over tea and China ended
(vii) restriction on European immigration and acquisition of property ended
(viii) Law member added to governor general's council [Indian law to be codified]
(ix) Ask administration to take steps to abolish slavery (abolished in 1843)

8. Charter act, 1853

(i) Separated first time executive and legislative function of council (Veto power to GGI)
(ii) Open competition for ICS, Thus thrown open to Indians also (Macaulay Committee on ICS, 1854)
(iii) Extended company rule but did not specify time
(iv) Local representation introduced for first time in Indian legislative council (4/6 from Madras,
Bombay, Bengal and Agra)
(v) Law member became full member of executive council

9. Government of India act, 1858

(i) Abolished EIC and transferred power to Crown [Act for good governance of India]
(ii) Governor of India -> Viceroy (Canning)
(iii) Ended system of double government, abolished board of control and court of director
(iv) New office Secretory of state (member of British parliament)
(v) 15 member council to assist secretory (advisory body)

10. Indian Council Act, 1861

(i) Viceroy should nominate Indians as non official members in council

(ii) Decentralisaion -> Restoration of legislative power to Bombay and Madras
(iii) Gave recognition to portfolio system (Started by Canning)
(iv) Empowered viceroy to issue ordinance without concurrence of legislative council (life 6 months)

11. Indian Council Act, 1892

(i) Increased non official members (both provincial and center), but maintained official majority
(ii) Power of discussion budget and addressing questions to executive (6 days notice) [INC effect]
(iii) Some nomination on recommendation of provincial council and Bengal chamber of commerce;
and in Provincial council on the recommendation of district boards, municipalities, universities, trade
association, zamindars and chambers (Indirect election, but election word not used)

12. Indian Council act, 1909 [Morley Minto (Father of communal representation) reforms]

(i) Increased size of both provincial and central legislative (16 to 60) council
(ii) Retained official majority in Central council, but allowed to have unofficial majority in
provinces [non elected majority remained]
(iii) At both level allowed to ask supplementary question and move resolution on budget [vote
separate items in budget, but not whole budget]
(iv) First time association of Indian in executive council of the viceroy and governor [Sateyndr Prasand
Sinha, law member]
(v) Separate electorate for Muslims [Hence lord Minto known as father of communal electprate]
(vi) System of election was indirect

13. Government of India Act 1919 [Mont Ford reforms]

(i) Separate central and state subjects

 (ii) Dyarchy at provinces (interference in transferred subject restricted)
(iii) First time bicameralism at center and direct election (limited franchise based on tax, property,
education, women also)
(iv) 3/6 members of viceroy executive council to be Indian
(v) Communal representation to Sikhs, Indian Christians, Anglo Indians and Europeans
(vi) Office of High commissioner
(vii) Central Public Service Commission (1926)
(viii) Separated first time provincial budget from central budget
(ix) Statutory commission
(x) Secretory of state paid by British government
(xi) 70% elected member in provinces
(xii) Freedom of speech for legislature
(xiii) Legislative council could reject budget but governor can restore it (At center vote a part, 75% not
voteable, viceroy can restore cut)

14. Government of India act 1935

(i) All India Federation (Federal list, provincial list and concurrent list with residuary power with viceroy)
(ii) Provincial autonomy (Responsible government in provinces) and central dyarchy (did not
implemented; But not responsible to central assembly)
(iii) Bicameralism in 6/11 provinces
(iv) Separate electorates for SC, women and labours [For Maratha's in Bombay]
(v) Abolished council of India created by Act of 1858
(vi) extended franchise
(vii) Reserve bank of India
(viii) Federal, provincial and joint public service commission
(ix) Establishment of federal court 1937
(x) Provision of joint sitting
(xi) Provinces can borrow money on their own security
(xii) Federal court [But privy council is above federal court]

15. Indian Independence act 1947

(i) India as independent sovereign state

(ii) Two independent dominion
(iii) Abolished viceroy, governor general appointed by King on advice of cabinet
(iv) Abolished office of secretory of state and transferred its function to secretary for commonwealth
affairs
(v) Freedom to princely state
(vi) Veto for governor general

Preamble Prelims
Author: Abhishek D

1. First country USA

2. Based on objective resolution drafted and moved by P Neharu
3. Preamble enacted after entire constitution already enacted
4. SOVEREIGN SOCIALIST(democratic) SECULAR(positive) DEMOCRATIC(socio+economic+political)
REPUBLIC
 5. JUSTICE, social, economic and political (distributive justice, Russian revolution)
6. LIBERTY of thought, expression, belief, faith and worship (not absolute but qualified, french revolution)
7. EQUALITY of status and of opportunity (French revolution)
8. FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation (French
revolution)

9. Source of authority for constitution - people

10. Date of adoption and enactment (Commencement 26 January article 394)
11. Berubari case (1960) preamble not a part of constitution
12. Keshwanand bharti case (1973) & LIC of India case (1995) preamble is integral part of constitution
[Preamble was adopted by motion]
13. Neither source nor prohibition upon power of legislature
14. Not justiciable nor enforceable
15. Keshwanand bharti case (1973) preamble is amendable subject to no amendment done to basic
structure (42nd amendment 1976)

Making of constitution
Author: Abhishek D

1. M N Roy idea of constituent assembly put forth(1934) -> INC demanded (1935) -> J Neharu on behalf of
INC demanded elected Constituent Assembly on the basis of adult franchise (1938) -> August offer
demand accepted (1940) -> Cripps mission created draft on framing constitution but rejected by Muslim
league (1942) -> Cabinet mission (1946)
2. 389 members(296 (292+4) British India + 93 Princely state nominated) [population based allocation]
[indirectly elected by provincial assembly]
3. Seat division between Muslim, Sikh and general (proportional representation voting and separate
electorate)
4. Dr Sacchinand Sinha oldest member temporary president (French practice) December 9, 1946 [Later Dr
Prasad elected]
5. HC Mukharji and VT Khrishnmachari elected as VP
6. December 13, 1946 objective resolution by P Neharu (adopted on January 22, 1947)
7. Changes by India Independence act 1947 Constituent assembly(Chaired by Dr Rajendr Prasad) become
legislative body (Chaired by GV Malvankar) [Now 299 members (229+70)]
8. India's membership to commonwealth, May 1949
9. National flag adoption, July 22 1947
10. National anthem,song adoption; election of president and final session January 24 1950 (Constitution
signed); Continued to be provincial parliament from 26 January 1950 till election
11. 11 sessions two years 11 months 18 days, 64 lakh expenditure
12. Ambedkar elected from WB constituency

Committees
1. Power, Constitution, State (negotiating with states ), Special committee to examine draft constitution -
Neharu
2. Provincial Constitution, Advisory committee on fundamental rights, minorities, tribal excluded area -
Patel Subcommittees
3. Subcommittees of 2
1. Fundamental rights - JB Kriplani
2. Minorities - HC Mukharji
 3. NEF tribal areas and Asam excluded & partially excluded areas - Gopinath Bardolai
4. Excluded & partially excluded are other than Assam - AV Thakkar
4. Rules of procedure, Steering , Finance and staff commission, Ad hoc committee on national flag, - Dr
Rajendr Prasad
5. Credential - Alladi KrishnSwami ayar
6. House, Chief commissioners province - B Pattabhi Sitaramaya
7. Order of business - KM Munsi
8. Function of constituent assembly - GV Malvankar
9. Ad hoc committee on SC , Ad hoc committee on citizenship - S Varadmachari (not a member)
10. Expert committee on financial provision of constitution - Nalini Ranjan Sarkar (not a memeber)
11. Linguistic provincial commission - SK Dar (not a memeber)
12. Press gallary - Usha Nath Sen

Drafting Committee
1. Dr Ambedkar + 7
2. Alladi Krishnswami Ayyar
3. KM Munshi
4. N Gopalswami Ayyar
5. Sayyad Mohammad Saadullah
6. N Madhava Rau (Replaced BL Mitter)
7. TT Krishnmachari (Replaced DP Khaitan)

Constitution
1. November 14, 1949 motion moved by Ambedkar; passed on 26 November and signed by 284 member
(out off 299)
2. At that time 395 articles & 8 schedules [Present 465 article , 12 schedules & 25 part (a,b such that not by
number)]
3. Citizenship, elections, provisional parliament, and short titled contained in articles
5,6,7,8,9,60,324,366,367,379,380,388,391,392,393 come into force on 26 November, 1949
4. Remaining part on 26 January, 1950 (Purn Swaraj Day 1930 accepted in Lahor session INC 1929)
5. Najruddin Ahmed drifting committee
6. Elephant adopted as Symbol (seal)
7. BN Rau Constitutional advisor
8. HVR Iyenger secretary to constituent assembly
9. SN Mukharji Chief Draftsman
10. Prem Behari Narain Raijada Caligrapher and Behor Rammonohar Sinha (Shantiniketan) decorated it
(Italic style) [English]
11. Vasant Krishan Vaidya Caligrapher and Nand lal bose (Shantiniketan) decorated it [Hindi]
12. Lengthiest written constitution
13. Read tables of chapter 3

Union and its Territory

Author: Abhishek D

1. Article 1-4 part 1

2. India that is Bharat as Union of states (A.1)
 3. Indian federation is not agreement of state, indestructible union of of destructible state
4. A.1 three category of territories, Territories of State (29), UT(7), Acquired territories (Schedule 1)
5. Territory of India is wider term than union (includes only state)
6. A.2 Admits new state in union, establish new state [Not part of union]
7. A.3 Deals with internal arrangement of state (UT also included)
8. Parliament power to reorganised state -
Can be introduced in parliament only with prior recommendation of president (Government bill)
President has to refer same to state (specified period, not bounded, no need of fresh reference in
amendment moved)
A.4 not considered as amendment under article 368 (Simple majority, no joint seating)
A.4 does not cover cede part, can cede only by amendment under A.368 (Berubari union case, 9th
Amendment)
SC in 1969 inter country boundary dispute settlement doesn't require constitutional amendment
as it does not involve cession of Indian territory (Executive action)
100 th amendment (2015 India Bangladesh enclave) [Radcliffe Award(1947) - Bagge Award(1950) -
Neharu Noon agreement (1958), India Bangladesh land boundary agreement (1972)]
9. Integration of princely state(552) - 1950 four type of state, A- Governors province, B - Nine erstwhile
princely state with legislature, Part C- Chief commissioner province and erstwhile princely state (Govern
by union), Andaman Nicobar as D
10. Dhar commission -
June 1948 linguistic commission - SK Dhar to check feasibility of linguistic division
Recommended administrative convenience over linguistic
11. JVP committee - April 1948, Rejected language as basis for reorganisation, October 1953 first state AP
12. SRC (December 1953, Fazl Ali, K M Pannikar, H N Kunzru) - Submitted report in September 1955,
rejected one language one state, accepted broad language, State reorganisation act 1956, 7th
constitutional amendment,
Preservation of unity and integrity
Linguistic and cultural homogeneity
Financial, economic, administration
Planning and promotion of welfare
13. New states after 1956 -
Mahrashtra and Gujarat (1960)
Dadara Nagar Haveli (1954) - 10 th costitutional amendment 1961, Portugese
Goa, Daman, Diu (1961) - Portugese, 12 th amendment 1962, Goa state (1987)
Puducherry (Mahe, Yenam, Kariakal, Puducherry) - French, handed to India 1954, 14th amendment
1962
Nagaland - 1963, 16th state, From Asam
Harayana, Chandigarh - 1966, Shaha Commission,
Himachal pradesh - 1971 UT to state
Manipur(UT), Tripura(UT), Meghalaya (Substate) - 1972, 22 amendment of 1969 called Meghalaya
substate of Assam
Sikkim - Princely state ruled by Chogyal, 35 th amendment 1974 associated state (A.2(A) + 10th
schedule), 36 th amendment of 1975 gave statehood
Mizorama, Arunachal Pradesh, Goa - 1987, Mizoraama peace accord (1986, mizo national front, lal
denga)
Chattisgarh, uttarakhand, Jharkhand - 2000, (MP, UP, Bihar respectively)
Telangana - 2014
14. Changes of name -
United province - UP (1950)
 Madras - TN (1969)
Mysore - Karnataka (1973)
Laccadive minicoy, Amindive - Laxdweep (1973)
Ut of Delhi - NCT (1992)
Uttarachal - UK (2006)
Pondi - Puddu (2006)
Orrisa - Odisha (2011)

Citezenship
Author: Abhishek D

1. Right of citizens (denies to aliens)

Article 15 (Right against discrimination)
Article 16 (Right against public opportunity)
Article 19 (Freedom of speech)
Article 29&30 (Cultural and educational rights)
Vote and contest election of LS, RS, legislative assembly
Apply for post of president, VP, judges, governor, attorney journal, etc [President : USA only by
birth, India birth as well naturalised]
Fundamental duties
Article 22 (detentions, Only denies to enemy aliens)
2. Constitutional Provisions
Article 5-11 part 2, neither permanent nor elaborate provision
Only deals with who become citizen on commencement
A.5 Citizenship at commencement
A.6 Citizenship right to person migrated from Pakistan
A.7 Citizenship right to person migrated to Pakistan
A.8 Citizenship right of person of Indian origin residing outside India
A.9 Person voluntarily acquiring citizenship of other country not to be citizen
A.10 Continuance of citizenship right
A.11 parliament regulate the right of citizenship by law
3. Citizenship act 1955 - Provided commonwealth citizenship repealed in 2003 ; 57, 60,85, 86, 92, 03, 05,
15
4. Acquisition of citizenship
B - before 1 July 1987 irrespective of his parent, After 1 July 1987 either parent, After 3rd Dec 2004 both
or either parent and other not illegal migrant [not for Children for diplomat and enemies]
R - (not being illegal migrant) Indian origin 7 years, married and resident from 7 years, person whose
parents registered as citizen, parents are citizen of independent India & residing for 12 months in India,
OCI & 12 months
A - Acquisition eg Pondichery order 1962
N - Purely foreigners, Knowledge of any language of 8th schedule, 12 months from time of application,
11 years for last 14 years, distinguish achievement GOI can waive off
D - Born outside India before 10 Dec 1992 (if father Indian), If either parent, After 3 December 2004
unless birth is registered within a year after that with permission of government
Assam Accord - MoS between GOI and Assam movement, A parallel package for the economic
development of Assam, including a second oil refinery, a paper mill and an institute of technology,
 was also worked out. legislative and administrative safeguards to culture and heritage
Special provision, 1985, Person of Indian origin come to Assam before 1st January 1966 from
Bangladesh, resident since entry
After 1966 before 25 March 1971 from Bangladesh resident of Assam since entry, register himself,
from 10 years of detection of foreigner citizen of India he will be citizen , intervening period all
right except the voting rights
5. Loss of citizenship -
Renunciation - Declaration, Minor child also looses (After 18 years may resume), During war
registration shall be withheld by GOI
Termination - Acquire citizenship of other country, not applicable in war (A.9)
Deprivation - Obtained by fraud, disloyalty to constitution, unlawful communication with enemy during
war, Within five years of naturalization or registration imprisoned in any country for two years, ordinarily
resident out of India for 7 years continuously
6. USA, Switzerland dual citizenship
India exceptions to single citizenship
Article 16 : (Public appointment resident as criteria, Public employment act 1957 for non gazetted
post in AP, HP, Manipur, Tripura expired in 1974, now only for AP & Telangana)
Article 15 : Prohibit discrimination on ground of religion, race, caste, sex or place of birth and not
on ground of residence (Example VJTI admission, Special provisions)
Article 19 : rights of outdoor to enter, reside and settle in tribal area restricted
State of J&K : Separate citizenship & constitution
7. Overseas citizenship of India -
L.M Sanghavi committee on India diaspora, 2000 -
Recommended dual citizenship to PIO
Citizenship amendment act 2003 acquisition of OCI by PIO of 16 countries.
2005 all countries (Pak, Bangla excluded) [OCI is not dual citizenship]
2015 amendment OCI cardholder ( merges PIO card (2002) and OCI card(2005) ) [OCI renamed
OCI cardholder]
8. Registration of overseas citizen of India -
Citizen of other country & was citizen after / was eligible to be citizen at commencement of
constitution / territory become part of India after 1947 / Who is child or grandchild of such &
minor child of above
Minor child who's either or both parent are citizen
Spouse of Indian/ OCI (Registered marriage & subsisted not less than 2 years)
Not allowed for who's parents/ grandparents/great grandparents were citizen of Bangla/Pak/
country mentioned by central government
GOI will specify date
Not withstanding above if special circumstances exist (in writing) GOI can registered
9. Cancellation of OCI - means of fraud/ false / concealment of material, disaffection towards constitution,
In war traded with enemy, imprisonment not less than two year, In interest of sovereignty, integrity,
friendly relation with other countries, general public, marriage dissolved or not dissolved but solemnized
with other
Renunciation of OCI card - declaration (registered by GOI), retrospective to minor and spouse
Excluded - equality in public employment, right to vote (hence MLA, MP, VP, P), Judge of SC & HC
Rights of OCI - GOI may specify, at par with NRI in inter country adoption
Fundamental Rights
Author: Abhishek D

1. part 3, A.12 - A.35, Constitution of USA (Bill of rights), Magna Carta of India, protects liberty and
freedom of people against state, establishes government of law,
2. When right available against state action then against person no constitutional remedies but legal
remedies
3. Seven (Six present) Fundamental rights, Equality (14 - 18), Freedom (19-22), Against exploitation (23-
24), Religion (25-28), cultural and educational right (29-30), Property (31 Deleted 44th amendment,
1978 legal right under 300-A ), Constitutional Remedies (32)
4. Negative rights - Limitation on state, Positive rights - Privileges to person
5. State [A.12] - Government, Parliament, Legislature of state, all authorities of GOI (according to SC
private agency working as instrument of state )
6. Laws [A.13] - Ordinance, order by law, regulation, notification, custom (Shall be void inconstant with
fundamental right) [Amendment under 368 not applicable, Kesavanand Bharti
case (1973) amendment can be challenged]
7. Right To Equality
A.14 Equality before Law (British) (State shall not deny to any person) & Equal protection of
law (USA) within territory
Aim - Equality of legal status opportunities and justice
Person - legal person, foreigner, statutory co operation, companies, registered societies, etc
Equality Before Law [Negative] - Absence of special privileges, Equal subjection of all person to
law, No person above law,
Equal protection of law [Positive] - equality of treatment both in privileges conferred & liabilities
imposed by law, Similar application of law to similarly situated person, like should be treated alike
Important Notes - Sc says Does't forbid different treatment of unequal, Forbid class legislation
(But permits reasonable classification of person, object and transaction by law, this should not be
arbitrary or artificial or evasive)
Rule of Law - AV Dicey (British), absence of arbitrary power, Equality before law, Individual rights
defined and enforced by court of law and not constitution (Not applicable in India, Constitution is
source of individual rights), SC held that its basic feature of constitution embodied in A.14
Exception
President of India and Governor of state (A.361)
Not answerable to any court for exercise of duty (Except impeachment)
No criminal proceeding, process of arrest, imprisonment in term of office
No civil proceeding (act before and after) until expiration of 2 months notice
A.361 (A) Publication in newspaper of true proceeding of either house (Except secret sitting)
A.105 MP not liable for said and vote given in parliament or committee (A.194 same for MLA)
A. 31-C Exception to article 14&19 (SC 31C in 14 out) regarding DPSP A.39 implementation
UNO and its agencies, Foreign rulers, ambassador, diplomat

A.15 Prohibition of discrimination on ground only of religion, race, caste, sex or place of
birth (Only by state)
(2) no disability, liability, restriction or condition on above ground with regard to access to shop,
hotel, public entertainment; well, tank, places of public resort partially or fully funded by state or
dedicated to public use (By state as well as private)
Exception
A.15 (3) Special provisions for woman and children
A.15(4) Special provisions for SEBC, SC, ST
A.15 (5) Special provisions for SEBC, SC, ST regarding admission in educational institution
including private institutes whether aided or unaided except minority institute [93rd amendment
2005]
April 2008 held validity of OBC reservation [CEI Act 2006], OBC CL should excluded

Note - Provision of state can make advancement for SEBC was added by first amendment

A.16 Equality of opportunity to employment or appointment to any office under state

(2) No discrimination only on grounds of religion, race, caste, sex, descent, place of birth, residence
or any one of them in respect of any employment under state
Exceptions
A.16 (3) Parliament can prescribe residence criteria [Public employment act 1957 expired in 1974,
Now only for AP & Telangana]
A.16 (4) Reservation for post in favour of any backward classes which in opinion of state not
adequately represented in service
A.16 (4) (A) Reservation in promotion (77th amendment 1995) with consequential seniority (85th
amendment 2001) for SC/ST
A.16 (4) (B) Unfilled vacancies under 16(4)(a) as separate class of vacancies(81st amendment
2000)
A.16 (5) Incumbent of an office related to religious or denominational institute should belong to
particular religion or denomination
Mandal Commission 1979 appointed by Desai government, Second backward class commission,
identified 3743 castes, recommended 27% reservation
1990 VP sing declare 27% reservation to OBC
1991 two changes (a) preference to poorer section in OBC (b) 10% reservation to EBC
Indira Swahney Case / Mandal Case (1992)
SC rejected EBC reservation, upheld OBC reservation under certain condition like NCL, no
reservation in promotion any existing promotional reservation can continue for 5 years only,
reservation should not exceed 50%, Carry forward rule allowed should not exceed 50%, Permanent
statutory body for inclusion exclusion
Action of Government
Ram Nanadan Committee to identify creamy layer, NCBC by act of parliament in 1993, 77th
amendment, 85 th amendment, 81 st amendment (nullify backlog ruling), 76th amendment 1994
TN reservation act in 9th schedule protect 69% reservation from judicial review

A.17 Abolition of untouchability (offence punishable accordance with law)

Madras HC - practice developed historically, social disability imposed on certain class, does not
cover social boycott of of few individual. Sc held that its right against private individual
In 1976 untouchability law 1955 renamed as Protection of civil right act [Untouchability not
defined either in act or in article] (6 month imprisonment or 500 rs fine, disqualified for election
of MP/MLA)
Act as offence - prevention of entry of public worship, justifying untouchability, denying access to
shop, public entertainment, insult using caste, refusing admission in hospital/hostel/etc, preaching
Untouchability, refusing to sell good or render service

A.18 Abolition of titles

(1) no title not being military or academic conferred by state
(2) Citizen can't accept by foreign state
(3) Non citizen holding office under state can't accept by foreign state without permission of
president
(4) holding office under state can't accept present/emolument/office without consent of president
 SC upheld Bharatratn/Padmashri/etc A.18 is for hereditary titles of nobility. Theory of equality
does not mandate merit should not be recognize. Should not be used as prefix/suffix to awardee
else forfeit
8. A.19 Right to freedom (Available only against state & to citizens only [Not to legal person/foreigner ]
) (Same Rap)
A.19(1)(a) Freedom of Speech and Expression
SC includes - press, propagate view of one's or others, advertisement, against tapping telephone,
right to telecast, Right against bandh, know about government activities, silence, Against
imposition of pre - censorship on newspaper, Demonstration or picketing but not strike
Exceptions
A.19(2) Prohibition in case of sovereignty/integrity[44 amendment]/security of state/friendly
relation with foreign country/public order/decency or morality/contempt of
court/defamation/incitement to offence

A.19(1)(b) Assembly peaceably without arm

Includes - hold public meeting, demonstration, procession, Can be exercised only on public land
Exceptions
A.19(3) Prohibition in case of sovereignty/integrity[44 amendment] of state/ public order
(including maintenance of traffic)
Section 144 CRPC DM can restrain if risk of human life/health/riot/disturbance/public tranquillity
Secion 141 IPC Assembly of 5 or more person unlawful if resist legal process/forcibly occupy
property/mischief/criminal trespass/forced to do illegal act/ threaten government or official on
exercising lawful power
A.19(1)(c) To form association or union or cooperative societies [97th amendment 2011]
Includes - continue with association, covers negative right not to join union,
Exceptions
Sc held trade union have no guaranteed right of bargain/declare strike/lock out
Right to obtain recognition of association is not a Fundamental Right
A.19(4) Prohibition in case of sovereignty/integrity[44 amendment] of state/ public order/morality.
A.19(1)(d) Move freely throughout territory (Covers internal dimension)
Exceptions
Sc held restriction on movement of prostitute on ground of public health/moral
Bombay HC restriction on person affected by AIDS
A.19(5) Restriction in interest of general public/ protection of ST
A.19(1)(e) To reside/settle in any part of India
Exceptions A.19(5), Sc held certain area can be banned for prostitute/ habitual offenders
A.19(1)(f) Acquire/hold/dispose property Deleted 44th amendment 1978
A.19(1)(g) Practice any profession or carry on any occupation/business
Exceptions
A.19(6) Interest of general public, (i) technical qualification, (ii) Carrying on by state/PSU
(Monopoly)
Does't include immoral/dangerous activities. Allows licensing
Note : Right to retirement is not above right to live
9. A.20 Protection in respect of conviction of offence
A.20(1) No conviction except for violation of a law in force at time of the act charged as offence,
no penalty greater than law
Exceptions Ex post fact law limitation on Criminal laws not civil, Prohibits conviction or sentence
and not trial, preventive detention or demanding security
 A.20(2) No double punishment for same offence
Exceptions - available only in court of law/judicial tribunal (and not departmental trial)
A.20(3) No person shall be compelled to be witness of itself (Oral + Document)
Exceptions Compulsory production of material object/compulsion to give specimen/exhibition of
body (Only to criminal proceeding)
10. A.21 Protection of personal life and liberty (No person shall be deprived of his life or personal liberty
except according to procedure established by law)
Gopalan Case(1950)- Narrow view against arbitrary action not legislation, Liberty related to
person/body of individual
Procedure Established By Law - Britain, validity of law can't be questioned on ground of unfair,
unreasonable, unjust, limitation on executive,
Due Process of Law - American, Natural justice, understood by reason fair,just and reasonable
Menaka Case(1978) - Overruled Gopalan judgement, Procedure should be fair, just and
reasonable
A.21 not confined to survival but human dignity and meaningful life, personal liberty widest
amplitude
Rights part of A.21
human dignity, descent environment/pollution free water&air/ protection from hazardous
industry, livelihood, privacy, shelter, health, free legal aid, against solitary confinement, speedy
trial, against handcuffing, against inhuman treatment, against delayed execution, travel abroad,
against bounded labour, against custodian harassment, emergency medical aid, timely medical
treatment in government hospital, not to be driven out of state, fair trial, prisoners to have
necessity of life, Right of woman to be treated with dignity, against public hanging, hearing, RTI,
reputation, appeal from judgement of conviction, social security & protection of family, Socio
economic justice and empowerment, against bar fetters, appropriate life insurance, sleep,
freedom from noise pollution, electricity
A.21A Right to free and compulsory Education
[86th constitutional amendment 2002]
(Age 6-14, elementary education)
Described as dawn of revolution in chapter of citizens right, was already recognised by SC
(1993) overruled 1992 judgement (Up to any level), Enacted RTE act 2009
11. A.22 Protection against arrest and detention (Punitive + preventive)
A.22(1) no arrest without being informed, no deny of right to consult by legal practitioner
A.22(2) produce before nearest magistrate within 24 Hr (Exclude journey time), no detention
without authority of magistrate (Applies to criminal/quasi criminal and not tax/civil etc)
Exceptions
A.22(3)(a) enemy alien
A.22(3)(b) law providing preventive detention
A.22(4) Preventive detention no longer than three month

Exceptions
A.22(4)(a) advisory board reported sufficient case before three month, but not beyond prescribed
limit of law made by parliament
A.22(4)(b) detained in accordance with law

A.22(5) authority shall communicate to such person on ground which order made, shall afford
earliest opportunity of making representation against order
Exceptions
A.22(6) against public interest to disclose
 A.22(7) Parliament may by law prescribe
A.22(7)(a) circumstances in which detained more than 3 months without advisory board [44
amendment 1978 2 months not in force yet, date to be notified]
A.22(7)(b) maximum period of detention
A.22(7)(c) Procedure to be followed by advisory board

Laws of preventive detention - MISA repealed in 1978, Conservation of foreign exchange and
prevention of smuggling activities 1974, NASA 1980, Prevention of blackmarketing and
maintenance of supply of essential commodities 1980, TADA repealed, Prevention of Illicit traffic in
Narcotics drugs and psychotropic substances 1988, POTA repealed in 2004

NOTE - No democratic country made preventive detention part of constitution (Except

India), USA unknown, Britain WW, Pre 1947 Defence of India act 1939 & Bangal state prisoner
regulation 1818
12. A.23 Prohibition of traffic in human being and forced labour
A.23(1) Traffic of human beings, begar , forced labour prohibited (State as well as private)
Includes devdasi, slavery, bonded labour, force word includes compulsion of economic
circumstances
Acts Immoral traffic prevention act 1956, bonded labour system act 1976, minimum wages act
1984, contract labour act 1970, Equal remuneration act 1976
Exceptions
A.23(2) Provision of compulsory service for public purpose(No discrimination on grounds only of
religion, race, caste, class)
13. A.24 No child below 14 employed to work in any factory mine or engaged in any other hazardous
employment
The child labour act 1986, employment of children act 1948,
1966 Sc directed Child labour rehabilitation fund , 20000 fine for each child labour
Child right act 2005 Commission for protection of child right, children court
In 2006 banned employment of child as domestic servant, worker in business
Child labour amendment 2016 - amended The child labour act 1986, renamed as, child and
adolescent labour act 1986; prohibits in all occupation and processes; 6 month - 2 years/ Rs 20k-
50k fine
repeated offence 1 year to 3 years
14. A.25 Freedom of conscience and free profession, practice and propagate religion (To individual)
Conscience - mould his relation with god or religion
Profess - declare faith/religion openly
Practice - religious worship & rituals
Propagate - Transmission (not include right to convert)
Exceptions
A.25(1) Subject to public order, morality and health (wearing kirpan included in sikh profession)
A.25(2) Right to state to make laws
A.25(a) regulating/restricting any economic, financial, political or secular activity associated with
religious practice
A.25(b) Social welfare and reform or throwing open of Hindu religious institution (Hindu includes
Sikh, Jain, Budhism)
15. A.26 Freedom to manage religious affairs (Religious denomination and section/ collective)
A.26(a) establish and maintain institution of charitable purposes
A.26(b) manage its own affairs in religious matter
 A.26(c) own and acquire movable/immovable property
A.26(d) administer property with accordance to law
Religious denomination - individuals with same belief conducive to spiritual well being, common
organisation, distinctive name (SC held Ramkrishna Mission / Anand marg are religious
denomination; Aurobindo society is not)
Exceptions Subject to public order, morality and health
16. A.27 No compulsion to pay any taxes appropriated in promotion of particular religion
prevent favouring one religion, tax can be used for promotion of all religion
Exceptions - Fee can be charged for entry in religious places
17. A.28 freedom to attendance at religious worship in religious institution
A.28(1) No religious instruction in educational institution maintained out of state fund
A.28(3) no person attending institute recognised by state/receiving aid out of state fund shall
require to take part in religious instruction. In case of minor guardian has to give permission
Exception
A.28(2) Education institution administered by state but established under trust or endowment
which require religious instruction shall be imparted
18. A.29 Protection of interest of minorities
A.29(1) Any section of citizen ( SC held scope not restricted to minorities only) have right to
conserve distinct language, script or culture of its own (Sc held includes right to agitate for
protection of language, hence speeches for conservation for languages is not corrupt practice
under RPA 1951)
A.29(2) No denial of admission in educational institution maintained by state or receiving aid on
grounds only of religion,race,caste,language
19. A.30 Right of minorities to establish and administer educational institute
A.30(1) right to establish and administer educational institution of their choice
A.30(1A) Compensation amount fixed by state for compulsory acquisition of property of minority
institution shall not restrict A.30(1) [44th amendment 1978]
A.30(2) No discrimination in granting aid on ground that it is administer by minority
Term minority not defined in constitution
Includes right of minority to impart education in its own language
Recognition and aid / recognition and not aid regulatory power of state like syllabus /staff
No recognition / No aid free to administer subject to labour law, contract law etc
Malankara Syrian Catholic College Case (2007)
(1) Right includes - choose governing body, appoint staff & take action, reasonable fee, admit
student of their choice, use its property for benefit of institution
(2) Ensures equality with majority, Not for advantage of minority viz a viz majority, no reverse
discrimination, general law relating to national interest, social welfare, national security, health, etc
applies.
(3) Not absolute, can be regulatory measure, check on admin
(4) subject to eligibility condition unaided has freedom to appoint staff
(5) Extension of aid not alter provisions, can imposed condition to proper utilisation
20. A.31 repealed [44] No person shall be deprived of his property except by authority of law
21. A.32 Remedies for enforcement of right
A.32(1) Right to move to SC by appropriate proceeding for enforcement of right
A.32(2) Power of SC to issue writs of nature habeas corpus, mandamus, prohibition, quo warranto,
certiorari
 A.32(3) parliament may empower any other court to exercise within local limit all powers exercisble
by SC
A.32(4) A.32 shall not be suspend except provided by constitution
SC is defender and guarantor of Fundamental rights. Sc held it as basic structure. Violation of
fundamental right sine quo non (essential) for exercise A.32

Writs (Borrowed by English law prerogative writs, A.216 (discretionary) HC can issue, HC more
scope than SC, Sc more wider territorial jurisdiction, HC may refuse)
Habeas Corpus - To have body of, Order to person who detain other to produce later, bulwark of
individual liberty against arbitrary detention. Against both public authority + individual
Not issued to - lawful detention, contempt of court or legislature, detention outside jurisdiction

Mandamus - We command, to public official asking him to perform his duty which he failed or
refuse
Not issued to - Private individual, to enforce departmental instruction (not statutory), discretionary
duty, contractual obligation, president/governor, against CJ of HC acting in judicial capacity

Prohibition - higher court to lower court/tribunal, prevent later from exceeding jurisdiction, only
against judicial/quasi judicial body, preventive

Certiorari - to be certified, higher court to lower court/tribunal, transfer case from Lower to higher/
squash order of lower. Preventive + curative, SC held applies to administrative authority
Not issued to - private individual, legislative bodies

Quo Warranto - By what authority, issued by court to enquire legality of claim of person to legal
office, unlike other writs can be sought by any interested and not by aggrieved
Not issued to - ministerial office/ private office
22. A.32(A) repealed. Constitutional validity of state law not to be considered under A.32 [43]
23. A.33 Armed forces and Fundamental Rights
Parliament may by law determine what extent fundamental right shall in application to
(a) armed forces
(b) forces charged with maintenance of public order
(c) employed in bureau or organisation established by state for intelligence
(d) employed with telecom system associated with force/bureau to ensure proper discharge of the
duty
Power to parliament only not to state legislature. Also covers employs of forces like barber
Law can exclude court martial from writ jurisdiction
24. A.34 Restriction on fundamental right when martial law in force in any area
Parliament may by law indemnify person in service of state/union or any other person in respect of
any act done by him in maintenance or restoration of order in any area within territory where
martial law is in force or validate sentence passed/punishment or other act done under martial law
(Not defined in constitution)
Martial law borrowed from English law
Sc held martial law does not result suspension of habeas corpus
25. A.35 Legislation to give effect to fundamental right
(a) Parliament have and state don't have power wrt
1. 16(3)[residence ], 32(3) (empowering other courts), 33, 34
2. prescribing punishment acts declared offence (A.17&A.23) under part 3
 (b) any law in force (same meaning as A.372) at the commencement wrt any above matter
continued in force untill repealed/altered/amended by parliament
Parliament can make law on above matter even though matter fall in state list
26. Present position of Right to Property
Originally was in A.19(1)(f) & A.31. A.31 empower state to acquire property for public purpose with
payment of compensation. A.31(A), A.31(B), A.31(C) added & modified nine times to nullify SC
judgement. 44th amendment inserted new A.300(A) in part 12.
A.300(A) Right to property (legal & constitutional right)
No person shall be deprived of his property except by authority of law
It can be curtailed/regulated by ordinary law. Protect against executive action not legislative. Can
not move to SC directly. Can move to HC under A.226. No guaranteed compensation.
Note - Compensation has to be paid in A.30(acquisition of property of Minority institution) &
A.31(A) Land is within ceiling limit and personal cultivation purpose
27. Exception to Fundamental Rights
A.31A Saving of laws providing for acquisition of estate
Notwithstanding anything in A.13 no law providing for [A.14&A.19]
(a) acquisition of estate and related rights
(b) Taking over management of property
(c) Amalgamation of corporations
(d) Modification of right of shareholders/directors
(e) Extinguishment/Modification of mining lease
Do not immunise state law unless received president assent. Compensation at market value when
land under ceiling limit or person cultivation.
A.31B Validation of certain acts and regulation
Saves Act placed in Ninth schedule from judicial review.
IR Cohelo case 2007 SC ruled that there should not be blanket immunity from judicial review.
Judicial review is basic feature. Laws placed ubder 9th schedule after April 24,1973 are open to
challenge in court if violated 14,15,19,21 or basic structure.
A.31C Saving laws giving effect to certain directive principles [25 amendment 1971]
(a) No law seeks implementation of A.39(B)/(C) [Socialist directive principle] shall void on ground of
contravention of A.14&A.19
(b) No law containing a declaration that it of for giving effect to such policy shall be questioned in
any court on ground that it does not give effect to such policy (In K bharati case Sc held this
provision invalid on ground that judicial review is basic feature)
42 nd amendment 1976 extend first provision to all DPSC (SC held it invalid in Minerva Mills case
1980)

A.31D Repealed saving law in respect of anti national activities

28. Criticism of Fundamental Rights - Extensive limitation, No Social or economic rights, No clarity (terms
not clearly defined), No permanency, Suspension during emergency, Expensive remedy, Preventive
detention, No consistent philosophy (Created difficulty for SC)
29. Significance of Fundamental Right - bedrock of democratic system, necessary condition for material
and moral protection of man, bulwark for individual liberty, establishment of rule of law, protects
minority and weaker section, strengthen secular fabric, check on authority, foundation stone of social
justice & equality, ensure dignity of individual, facilitate participation of people in democracy
30. Rights outside part 3
A.265 No tax shall be levied except by authority of law
A.301 trade, commerce, intercourse through out India shall be free (Part 13)
 A.326 election to LS & Legislative assembly shall be on adult suffrage (part 15)

DPSP
Author: Abhishek D

1. Borrowed from IRISH constitution (Spanish). DPSP and FR philosophy and soul of constitution. Part 4
of constitution.
2. Constitutional recommendation to state in admin/executive/legislative matter. Amplify preamble.
Stability of foreign and domestic policies in case of party changed. Enable opposition to exercise control
over opposition.
3. Resembles instrument of instruction (To governor general) GOI act 1935
4. Embody concept of welfare state and not police state. Seek to establish economic and social democracy
in country
5. A.36 definition of state same as that of A.12 [Supreme Court has held that judiciary can be considered as
a State‘ as far as its rule-making power is concerned, but it would not be considered so when it exercises
its judicial powers]
6. A.37 Non justiciable (but help SC to examine constitutional validity). Fundamental in governance. it shall
be duty of state to apply this principle in making laws.
(A) did not posses sufficient financial resources
(B) backwardness in country stand in the way of implementation
(C) Newly born state might crushed under burden unless it was free to decide time, place and
mode of fulfilling
7. A.38 (1) Promote welfare by securing social order permeated by justice. (2) Minimise inequalities in
status, income, facilities and opportunities [(2) by 44 th amendment 1978] (S)
8. A.39 Certain principles of policies followed by state (S)
(a) citizens have right to adequate means of livelihood
(b) equitable distribution of material resources
(c) prevention of concentration of wealth and means of production
(d) equal pay for equal work for men and women
(e) health and strength of worker men/women and children not abused. Not forced by economic
necessity to enter avocation unsuited to age and strength
(f) healthy development of children. Protection against exploitation [42 nd amendment 1976]
9. A.39A Equal justice. Free and legal aid by suitable legislation. [42 nd amendment 1976] (S)
10. A.40 Organize village panchayat and endow them power and authority (G)
11. A.41 within economic capacity effective provisions for right to work, to education and public assistance
in case of unemployment, old age, sickness, disablement. (S)
12. A.42 Just and humane condition of work and maternity relief (S)
13. A.43 Living wage, decent standard of life and social cultural opportunities for all workers. Promote
cottage industries (S+G)
14. A.43A suitable legislation for participation of workers in management of industries [42 nd amendment]
(S)
15. A.43B Endeavour to promote voluntary formation, autonomous functioning, democratic control and
professional management of co operative societies [97th amendment, 2011] (G)
16. A.44 State shall endeavour to secure UCC (L)
17. A.45 Provide early childhood care and education for all children until they complete age of 6 [86
amendment 2002] (L)
 18. A.46 To promote educational and economic interest of SC/ST and other weaker section. Protect them
form injustice and exploitation (G)
19. A.47 Raising level of nutrition and standard of living. Improvement of public health as primary duty.
Prohibition of consumption of intoxicating drugs and drinks (Except medicinal use) (S+G)
20. A.48 Endeavour organise agriculture animal husbandry. Improving breeds and prohibiting slaughter of
cows and calves and other milch and draught cattle (L+G)
21. A.48A endeavour to improve environment and safeguard the forest and wild life [42 nd amendment]
(L)
22. A.49 Protect every monument/place/object or artistic or historic interest declared to be of national
importance (L)
23. A.50 Separate judiciary form executive in public services of state (L)
24. A.51 Promotion of international peace and security (L)
(b) maintain just and honourable relation between nations
(c) foster respect for international law and treaty obligations
(d) encourage settlement of international disputes by arbitration
25. Imposes moral obligation over state but real force is political that is public opinion
26. Criticism - No legal force, illogically arranged, conservative, constitutional conflicts
27. Champakam Dorairajan case 1951 Conflict between FR and DPSP. FR will prevail. FR can be amended.
DPSP run subsidiary to FR.
28. Golaknath case 1967 FR can not be amended for implementation of DPSP
29. 24th amendment 1971- parliament has power to take away FR by amendment.
30. 25th amendment 1971 - A.31C
31. Minerva Mills case 1980 - Indian constitution is founded on bedrock balance between FR and DPSP.
They are two wheels of chariot. One no less than other. To give absolute primacy to one over another is
to disturb harmony of constitution. This balance and harmony is basic and essential feature of
constitution.
32. Directives Outside part 4
(a) A.335 The claims of SC/ST to services shall be taken into consideration consistently with the
maintenance of efficiency of admin [Exception : relaxation in qualifying marks/ lowering standard
of evolution](Part 16)
(b) A.350A Endeavour every state and local authority to adequate facility for instruction in mother
tongue at the primary stage of education to children belonging to linguistic minority group(Part
16) [7th amendment 1956]
(c) A.351 Duty of union to promote the spread of Hindi language.
33. Implementation of DPSP
Planning commission, land reform laws, Minimum wage act, Child labour prohibition act, Maternity
benefit act, nationalisation of LI/banks/General insurance, Legal service authority act, 73rd/74th
amendment

Fundamental Duties
Author: Abhishek D

1. FR and FD are correlatives and inseparable. 11 duties included in part 4A

2. Fundamental duties of citizens included by 42nd amendment 1976. Non justiciable.
3. Inspired by USSR. Japanese & Indian constitution only democratic constitution with FD .
 4. Swarn Sing committee Recommendation
Accepted
New part with FD
Stressed that citizen should become conscious that in addition to enjoyment of right they
have some duties
Not accepted
Eight fundamental duties (10 added + 1 later)
penalty or punishment for non compliance
No law imposing penalty shall call in court on the ground of infringement of fundamental
right
Duty to pay tax
5. A.51A Shall be duty of every citizen of India to
Abide by constitution. Respect ideals the national flag and national anthem
Cherish and follow noble ideas that inspired national struggle
Upheld and protect sovereignty, unity and integrity
Defend country and render national service when called upon
Promote spirit of brotherhood amongst all people and to renounce practices derogatory to
dignity of woman
Value and preserve rich heritage of countries heritage and composite culture
Protect and improve natural environment and to have compassion for living creatures
Develop scientific temper, humanism and spirit of inquiry and reform
Safeguard public property and abjure violence
Strive towards excellence in all sphere of individual and collective activity so that nation rise
to higher level of achievements
To provide opportunity for education to his child or ward between age 6-14 [86 th
amendment 2002]
6. In 1992 SC ruled that if court found that law seeks to effect to fundamental duties it may consider such
law reasonable in relation to A.14 & A.19 (Help to determine constitutional validity)
7. They are enforceable by law. Parliament may provide penalty.
8. Verma committee on Fundamental Duties of the citizen (1999)
Identified the existence of legal provisions for the implementation of some of fundamental duties
Prevention of insult of National Honour act 1971
Various criminal laws provides punishment for encouraging enmity between different section
of socities
Protection of civil rights act 1955, provides punishment for offence related to caste and
religion
IPC declares the assertion prejudice to national integration as punishable offence
Unlawful activities prevention act 1967, declares communal organisation as unlawful
association
RPA 1951 disqualifies MP/MLA for promoting enmity between different sections and
soliciting vote on ground of religion
WPA1972, Forest conservation act 1980

Amendment of constitution
Author: Abhishek D
 1. Neither flexible nor rigid, synthetic. Taken from SA constitution.
2. Part 20 A.368 Power of parliament to amend constitution
A.368(1) amend by way of addition, variation or repeal any provision of constitution in
accordance with procedure
A.368(2) Amendment can be initiated only by introduction of bill in either house of parliament,
passed in each house by majority of the total membership of that house and by majority of not
less than 2/3 rd of members present and voting. It shall be presented to the president who shall
give his assent to the bill. (Must give assent cant return , neither withhold, 24 th amendment 1971)
(a) A.54(Election of president), A.55 (Manner of election of president), A.73(Extent of executive
power of union), A.162(Extent of executive power of state), A.241 (HC of UT), A.279A (GST)
(b) Chapter 4 of part 5, Chapter 5 part 6 , Chapter 1 of part 11 (power of panchayat)
(c) List in 7th schedule
(d) Representation of states in parliament
(e) provisions of this article
should be ratified by 1/2 half of state by resolution, before bill presented to president assent
A.368(3) Nothing in A.13 shall apply to amendment of this article
A.368(4) No amendment of this article shall be called in question in any court on any ground
A.368(5) No limitation on power of amendment [Invalidated in Minerva mills case]
3. Private member can introduced, No permission of president required, No joint seating.
4. Types of amendment
By simple majority - Outside 368, State reorganisation, Abolition/creation of state assembly, 2nd
schedule, quorum, salaries of MP, rules of procedure, privilege of parliament and MP, Use of
English language in parliament, Number of puisne judges in SC, more jurisdiction on SC, use of
official language, citizenship acquisition and termination, Election of parliament and state
legislature, Delimitation of constitution, UT, 5th schedule, 6th schedule
By special majority - Majority provisions, special majority required in all three stages (As per
rule of house)
Special majority + Ratification by state - Federal features
5. Criticism
No constitutional convention (USA)/assembly
No voice of state except resolution for creation/abolition of legislative assembly
Majority part can be amended without state, 1/2 India; 3/4 USA
No prescribe time for ratification by state

Basic Structure of the constitution

Author: Abhishek D

1. Shankari prasad case 1951 - Can amend FR, A.13 word law means ordinary law not amendment
2. Golak Nath Caase 1967 - Parliament cant take away FR, Amendment is law under A.13
3. Kesvanand Bharti case 1973 - Parliament can take away FR if not violating basic structure
4. Wamanrao case 1981 - Doctrine of basic structure apply to amendment after April 24 1973
5. Basic Structure
Supremacy of constitution KB case
Sovereign, democratic, KB case, Indira Gandhi case, Kilhoto Holohon case (Defection), SR
republic nature Bomai case, Kuldeep Nair case
 Secular character of KB case, Indira Gandhi case, SR Bomai case
constitution
Separation of power KB case, Cohelo case
Federal character of KB case, SR Bomai case
constitution
Unity and integrity of KB case, Raghunath rao case, SR Bomai case
nation

Welfare state (Socio KB case, Bhim singji case, SR Bomai case

economic justice)
Judicial review Indira Gandhi case, Minerva Mills case, SP sampath kumar case, P
sambamurty case, SR Bomai case, Cohelo case, Madras bar association
case
Freedom and KB case
dignity of
individual
Parliamentary KB case
system
Rule of law Indira Gandhi case, sampath kumar case, P sambamurty case, Indira
Sawhney case, Cohelo case
Harmony and Minerva Mills case
balance between FR
& DPSP

Principle of equality Indira Gandhi case, Raghunath rao case, M Nagraj

Free and fair election
Independence of judiciary
Limited power of parliament to
amendment
Effective access to justice
Principles underlying FR
case, Cohelo case
Indira Gandhi case, Kilhoto Holohon case (Defection),
Kuldeep Nair case
Kumar Padm Prasad case, All India judges Association Case
Minerva Mills case
Central coal field case,
Cohelo case (9th schedule case)

Power of SC under A.32, A.136, A.141, Delhi judicial service association case, Ram jethmalani
A.142 case
Power of HC on A.226 & A.227 L Chandr Kumar case, Madras bar association case

Parliamentary System
Author: Abhishek D

1. For centre A.74 (Council of minister), A.75 (Other provisions as to minister), For state A.163, A.164
2. Comparison
Parliamentary System Presidential System
 Features Features
Dual executive Single executive
Majority party rule President & legislature elected separetely
Collective responsibility Non responsibility
Political homogeneity (ideological) Political homogeneity may not exist
Double membership Single membership
Leadership of PM Domination of president (Kitchen cabinet)
Dissolution of lower house No dissolution of lower house
Fusion of power Separation of power
Merits Demerits
Harmony between legislature and executive Conflict & Grid lock
Responsible government Non responsible government
Prevents despotism May lead to autocracy
Ready alternative government Re-election requires
Wide representation Narrow representation
Demerits Merits
Unstable government Stable government
No continuity of policies Definiteness of policies
Dictatorship of the cabinet (IG) #
Against separation of power Based on separation of power
Government by amateurs Government by experts

Example - India, Japan, Britain, Canada, etc Example - Brazil, USA, Sri Lanka
3. Reason for adoption of Parliamentary system - Familiarity, Preference to more responsibility, To avoid
legislative executive conflict, Nature of Indian society
4. Swarn Sing committee - Parliamentary system doing well hence no need to replace it.
5. Distinction between Indian and British model - Republican vs Monarch, parliament not supreme vs
Sovereignty of parliament, PM both house vs PM lower house, non MP can be PM for 6 month vs Only
MP, No legal responsibility vs Legal responsibility, No shadow cabinet vs Shadow cabinet

Federal System
Author: Abhishek D

1. Features
Federal Unitary

Dual government, Written constitution, Division of Single government, can be (Like France),
power, Supremacy of constitution, Rigid No division of power, Can be (Like Japan),
constitution, Independent judiciary, Bicameral Can be (Like france), Can be, Can be
legislature
2. USA first and oldest 1787
3. Why In India? - Size, Socio cultural diversity, Efficiency of governance
4. Indian federation based on Canadian model (Disintegration, Union, Centralised tendency)
5. Federal features of Indian Constitution
Dual polity (Sovereignty & Separate domain of power)
 Written Constitution (Avoids misunderstanding and disagreement)
Division of power (Different list Schedule 7, residuary power to centre )
Supremacy of the constitution
Rigid constitution (In case of centre state relation or some federal features)
Independent judiciary (To solve issue between state and centre or state vs state)
Bicameralism (RS protects interest of state)
6. Unitary features of Indian Constitution
Strong centre (Union list more & important subject, Concurrent list center has overriding power,
residuary power with centre)
State are not indestructible (Simple majority, indestructible union of destructible state)
Single constitution
Flexibility of constitution (Power to initiate amendment lie with center, In USA state can propose an
amendment)
No equality of state representation
Emergency provision (Convert federal to unitary not found in any federal state)
Single citizenship
Integrated judiciary (HC & SC execute both center and state law)
All India services (Recruited and trained by center, ultimate control of center)
Integrated audit machinery (CAG audit state but appointment and removal by president )
Parliaments authority over state list (If RS passes resolution, no amendment, no emergency)
Appointment of governor (Canadian system)
Integrated election machinery (Power to appoint and removal to president)
Veto over state bill (Absolute veto and not suspensive)
7. Critical evolution of the federal system
Tilted balance of power towards center. Unitary state with subsidiary federal features. Bargaining
Federalism. Federal with unique safeguard for national unity & integrity. Cooperative federalism
( marble-cake). Sui generis. Both union and state are created by the constitution. Federalism is
separation of executive and legislature by constitution and not by law made by center.
Bommai case 1994 - Constitution is federal & federalism basic structure. Independent
constitutional existence of state. Emergency is exception and exception are not rule.
Following shows federal spirit - Territorial disputes between Maharashtra & Karanataka. River
water dispute, Emergence of regional party, Demand of states for grant, Assertion of autonomy by
state,SC restriction on president rule

Centre State Relation

Author: Abhishek D

Legislative Relations

1. Part 11, Chapter 1, A.245-A.255

2. A.245 Territorial extent of central & state legislation
Parliament for whole part, state for whole part of state only (Except sufficient nexus between
state and object
Parliament alone for extra territorial legislation, applicable to Indian citizen and their property
abroad
Exceptions
 President can make regulation for peace, progress and good government for UT (AN, DNH,
LD, DD)
Governor can specify modification or exception or not apply for schedule area
Governor of Assam for autonomous district and president for autonomous district of
Meghalaya, Tripura & Mizorama can specify modification exception or does not apply

3. A.246 Distribution of legislative subjects (7th schedule)

Union List (I) - Defence, banking, Foreign loans, Lotteries organised by state, Inter state trade
[92(taxes on sale purchase of newspaper and on advertisement published therein), 92C(taxes
on service) Abolished by 101 CA]
State List (II) - Public order, police health, agriculture [52(taxes on entry of good in local area,
55(taxes on advertisement other than published in newspaper, radio and TV) abolished by CA
101]
Concurrent List (III) - bankruptcy and insolvency, (Forest, Education, weight and measures,
protection of wild life, administration of justice by 42nd CA transferred from state
list) [Centre law prevails except accent of president (Parliament overriding power by
making law on same matter)]

A.248 Residuary power - Includes taxes, To the centre, USA/Australia to state, Canada federal
& provincial while residuary to centre, 1935 power to #GGI Or viceroy

A.246A GST -
Every state have power to make laws WRT goods and services imposed by union or state
Inter state parliament exclusive power
4. A.247 Parliament may by law provide for establishment of additional court for better
administration of laws made by parliament
5. Power of parliament to legislate in matter of state field
A.249 RS passes resolution - must supported by majority of not less than 2/3rd member
present and voting, remain in force for one year, it can be renewed any number of times, law
ceases after 6 month of expiration of resolution, no restriction on state but center law
prevails

During national emergency - Law becomes inoperative after six month of expiration of
emergency, no restriction on state but center law prevails

A.252 On request of state - Two or more state passes resolution, applies only to those state
who passed resolution other may adopt it afterword, Can only be amend or repeal by
parliament, Eg. Transplantation of human organ act 1994

A.253 To implement international agreement

During president rule - Law can be repealed or altered or re enacted by state legislature
after emergency
6. Center control over state legislation - Governor can reserve bills/ absolute veto of president/
president can direct to reserve money bill and finance bill in financial emergency

Administrative Relation

1. Part 11, Chapter 2, A.256-A.263

2. A.256 Distribution of executive power
Union - parliament has exclusive power of legislation, right conferred to it by agreement
 State - Exclusive power in state list
Concurrent - state, except when specifically given to center
3. A.257 Obligation of state and the centre
State
Ensure compliance with the law made by parliament or any existing law applying in state
Not to hamper executive power of centre
Centre
Executive power of centre extends to giving direction to state as necessary for this purpose as
well in following cases.
Construction/ maintenance of means of communication by state
Measure to be taken for protection of railway within state
adequate facility for instruction in mother tongue at primary education for minorities
Schemes for welfare of ST in state
Sanction behind this directions are coercive

A.365 President can impose presidential rule under A.356 in case state fail to comply with any
directions given by centre
4. Mutual delegation of function
Distribution of legislative power is rigid
Constitution provides inter government delegation of executive functions to avoid deadlock
President with consent of state & governor with consent of center can entrust executive
functions
By delegation of parliament center can entrust executive function without consent of state,
state can not do as in case of above
5. Co operation between center and state
Parliament adjudication of any complain wrt use and distribution of inter state water
A.263 President can establish inter state council to investigate and discuss subject common
to interest between state and center (1970)
Parliament can appoint appropriate authority for inter state freedom of trade and intercourse
(No such appointed yet)
6. All India Services
IAS & IPS & IFS(1966)
A.312 parliament can create all India service on the basis of RS resolution (majority of not less
than 2/3rd member present and voting) [All India judiciary service for post not lower than
district judge (It will not be amendment under A.368)]
7. Integrated Judiciary
8. A.355 protect state against internal agitation & external aggression, to ensure government in every
state is in accordance with constitution
9. Extra constitutional devices - NITI Aayog, NDC, zonal councils, NE council (Search)

Financial Relation

1. A.268 to A.293 part 12

2. Stamp duties levied by GOI collected by state & assigned to state
3. Income tax levied and collected by GOI but distributed between state and center
4. State can impose tax on profession, trade, callings and employments upto 2500 PA
5. Tax on consumption of electricity except sold to railway or center
6. Cess/surcharge levied and collected by GOI
 7. https://www.gktoday.in/gk/constitution-101st-amendment-act-2016/
8. Grant in aid to state
Statutory grant - A.275 Parliament may by law, different sum for different state, charged on
consolidated fund of India, not to every state, specific grant for ST, FC recomendation
Discretionary grant - A.282 empower both center and state, no obligation, largest part
Grant in aid - temporary, (in lieu of export duty on jute & jute products, recommendation of
FC, for 10 years from commencement)
9. FC wheel of fiscal federalism
10. Protection of state interest
Following bills to be introduced in parliament after recommendation of president
taxes/duties in which states are interested
varies meaning of agricultural income
principal on which money distributed in state
impose surcharge specific tax or duty
NOTE Net proceed = Tax collection - cost of collection (Certified by CAG and is final)
11. Borrowing
Center - within/outside on security of consolidated fund within limit prescribed by parliament
(no such law yet),
State within on security of consolidated fund of state within limit prescribed, loan from center
(charged on consolidated fund of India)
Note - State can not raise loan without consent of center if there is still outstanding any part
of loan made to state by center in respect to which guarantee given by center
12. Inter governmental tax immunity
Center property from state - parliament empowered to remove ban, corporate companies
of centre not immune from state or local taxation
State property from center - Corporate companies of state not immune from state or local
taxation, property or income authority of local authority not exempted
SC 1963 in advisory opinion - immunity does not extend to custom & excise imported or
exported by state or manufactured by state
13. Effect of emergency
National - president can modify constitutional distribution of revenue, continues till financial
year in which emergency cease to operate
Financial - direction to reduce salary, reserve all money or financial bills

ARC 1966

1. Establish inter state council under A.263

2. Governor as a person having long public experience and non partisan attitude
3. Delegation of power to state
4. Transferring more financial resources to state and reduce dependence on center
5. Deployment of central arm forced either on request or otherwise

Rajmannar Committee, 1969 by DMK government

1. Inter state council

2. FC should made permanent body
3. Planning commission should be disbanded new statutory body in place
4. President rule should be omitted
5. provision that ministry holding office in pleasure of governor should omitted
 6. residuary power to state
7. All India service should be abolished

Anandpur Sahib resolution, 1973

By akali dal says center jurisdiction should be restricted to defence, foreign affairs, communication and
currency

West Bangal memorandum, 1977

1. word union replaced by federal

2. defence, foreign affairs, communication and currency & economic coordination
3. president rule and financial emergency should be repealed
4. state consent obligatory in forming new state
5. 75 % revenue to state
6. RS equal power with LS
7. All India services should be abolished

Sarkaria Commission, 1983

1. Did not favour structural changes but emphasise on need of change in functional aspect
2. Strong center essential for national unity and integrity
3. Permanent inter state council
4. President rule in last resort
5. All India services should be strengthen
6. Residuary power of taxation with state other in concurrent list
7. When president withhold ascent reason should be communicated to state
8. Zonal council
9. armed force without consent but with consultation
10. Procedure to consult CM in governor appointment should be prescribed in constitution
11. Governor can not dismiss ministry if it has majority
12. Governor term of 5 years should not be disturbed
13. No commission of enquiry against state minister unless demand made by parliament
14. Surcharge on IT should not be levied unless for specific purpose for limited time
15. Implement three language formula in true spirit
16. No change in RS or state reorganisation
17. Commissioner for linguistic minorities
18. Center implemented 180/247 (IMP Inter state council)

Punchhi Commission, 2007

1. Co operative federalism is a key of sustaining India's unity integrity and socio economics
development in future. May act as practical guide of Indian governance
2. necessary agreement on concurrent list legislation before introducing to parliament
3. Greater flexibility t state & restrained in asserting parliamentary supremacy
4. absolute necessary subject from concurrent list
5. Governor - eminent, outside state, not connected to local politics, has not taken part in great
politics in recent past, fix tenure , impeachment procedure, bill passed by legislature governor
should take action in 6 month
6. Guideline appointing CM - Party/alliance with widest support, pre poll alliance as one party, in
case of no majority - pre poll alliance largest number, largest single party with support of others,
post electoral coalition, post electoral alliance and some party supporting
7. Governor should insist CM proving his majority on floor of house in prescribe limit
 8. Governor should have right to sanction in case of prosecution of state minister (biasness)
9. done away with governor holding chancellor post
10. Constitutional amendment in A.356 to incorporate guidelines of judgement in SR Bomai case, last
resort option
11. A.263 amendment to make ISC credible, powerful and fair
12. Zonal council should meet twice a year
13. New all India services like health, education, engineering and judiciary
14. Equality of seat in RS
15. Scope of devolution of power to local bodies should be prescribed in constitution
16. Royalty rate on major minerals should be revised every three years (compensation)
17. Ceiling on professional tax should be removed
18. TOR to FC can be handed as state and center
19. Finance commission division in ministry of finance should be converted to permanent
20. Inter state trade commerce commission under A.307 with both advisory and executive role as a
constitutional body decision should be final and binding on all state & center

Inter state relation

Author: Abhishek D

1. Inter state water dispute

A.262 Parliament may by law provide adjudication of any dispute wrt distribution of any inter state
river/ river valley, neither SC nor any other court exercise jurisdiction in this case
River board act - establishment of river board for regulation and development of inter state river
on request of state
Inter state water dispute act - Ad hoc tribunal, decision of tribunal would be final & binding, No
other court jurisdiction , till date 8 tribunal
2. Inter state council
A.263 President can establish, define nature of duties, organisation and its procedure
(a) Enquiring and advising dispute between state (complementary to A.131, not binding)
(b) Investing & discussion subject of common interest
(c) Recommendation
Center council of health, local government& urban development, four regional council for sales tax
Note - Council of Homeopathy & Indian medicine set up by parliamentary law
Inter governmental council 1990
PM(Chairperson), CM, Administrator of UT not having assembly, governor (President rule), six
cabinet minister (HM + 5)
Meet at least thrice a year, held in camera & all questions decided by consensus
A.261 Full faith and credit clause of constitution (US constitution)
(1) Full faith and credit shall be given throughout the territory of India to public acts, records and
judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings referred
to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made
by Parliament.
(3) Final judgement or orders delivered or passed by civil courts in any part of the territory of
India shall be capable of execution anywhere within that territory according to law.
3. Inter state trade and commerce
 A.301 - A.307 part 13
A.301 trade and intercourse shall be free

Parliament can impose restriction in public interest but can not give preference (Except in food
scarcity)
State can impose restriction in public interest but can not give preference (President assent)
Same tax on imported good, prohibits discrimination
The freedom is subject to monopolies in favor of state
4. Zonal Council
Statutory body (State reorganization act 1956)
Members - Union Home minister (Chairperson), CM in zone (VC by rotation), two other minister
from each state, Administrator of UT [Without right to vote - nominated by planing commission,
Chief secretory, development commissioner]
Objective - Emotional integration, arresting regionalism linguism etc, removing effect of
separation, co operation in socio ecnonomic matters, speedy execution of development projects,
political equilibrium
North eastern council - Separate act, 7 sister + Sikkim, review time to time measures taken by
states for maintenance of security
North eastern Shillong
Northern(JK, HP, H, PN, RJ, Delhi, Chandi) Delhi
Central (UP, UK, MP, CG) Allahabad
Eastern (B, J, WB, O) Culcutta
Southern (KN, T, KE, AP, TN, Pondi) Madras
Western (MH, GJ, DDN, DNH,DD, Goa) Mumbai

Emergency Provision
Author: Abhishek D

1. Part 18 A.352 to A.360 (Federal to unitary, GOI act 1935, Weimar constitution suspension of FR in
emergency)
2. National emergency
Ground of Declaration - A.352 President can declare, security of India or part of it threatened by
external aggression or armed rebellion (Even before occurrence even if he satisfy imminent danger)
42 nd amendment limit operation to specific part as well.
44 th amendment 1978 replaced internal disturbance with armed rebellion.
Only after written request from cabinet (Cabinet is defined ) [44 amendment 1978].
Emergency can be challenged in the court [Minerva mills case, 44 th amendment deleted 38 th
amendment clause ].
38 th amendment empower president to declare different proclamations of national emergency
on different grounds simultaneously.

Parliamentary approval
 By both house within one month [44 th amendment, original 2].
If LS dissolved or dissolution without approving then in 30 days from first sitting provided RS
approved. [Periodic approval for every six month for indefinite time added by 44 th amendment].
Special majority [majority of total membership of house and 2/3 rd present and voting 44 th
amendment]

Revocation
Any time without LS approval
Resolution of disapproval (44 th amendment) - passed by LS only, simple majority [if 1/10 th
member of LS gave notice to speaker or president (If house not in session),special sitting in 14
days].

Effects
Centre state relation
Executive - Direction on any matter. Not suspended but under complete control of center [all
state]
Legislative - Any subject in state list. Power of state not suspended. Unitary constitution.
Ordinance on state list. (Inoperative after six month of emergency has ceased to operate) [42
nd amendment added, above provisions not only to state in which emergency operated but
for all]
Financial - President can modify distribution. Order has to laid before parliament (Operative
for financial year in which emergency ceased to operated)
Life of Loksabha and Assembly
May be extended by law of parliament. One year at a time. (can not continue beyond period
of six month)
Effect on fundamental rights
A.358 Suspension of A.19
Automatic suspension.
A.19 re operate after suspension of emergency.
Law made inconsistent with A.19 ceases after emergency.
Legislative or executive action can not be challenged after emergency.
[44 amendment only restricted in case of external emergency & Laws which are related to
emergency are only protected from being challenged & not all laws].
Entire country.
For all the time of emergency
A.359 Suspension of other rights
FR not suspended but just enforcement.
Only to those specified in presidential order.
Parliament approval needed.
Legislative or executive action can not be challenged.
[44 amendment can not suspend right to move to court for A.20 & A.21, & Laws which are
related to emergency are only protected from being challenged & not all laws]. Internal +
external.
Part of country or entire country.
For specified time
Declaration till date - 1962-68, 1971-77, 1975-77 [Shaha commission did not justify 1975]
3. President rule A.356 (First time imposed in Punjab )
Ground of imposition - In failure of constitutional machinery in the state. Either on report of
 governor or otherwise. A.365 in case of state fail to comply with direction given by state
Parliamentary approval - Within two months by both the houses (Simple majority). 30 days
provision same as above. Six month at a time max 3 years. [44 amendment provides after one year
only if national emergency or certified by election commission].
Consequences -
President can take up function of state government.
He can declare legislative power functioned by parliament
All necessary step including suspension of constitutional provisions relating to any authority
Dismisses state council. Administration with help of Chief secretory or adviser
Suspend or dissolve state legislature (In case of dissolution elections are held)
When dissolved power to make law
Parliament delegate power to president or to authority specified by him (Non co terminus but can
be repeal or alter by state legislature)
President can authorize expenditure from consolidated fund, when LS not in session
Can promulgate ordinance when LS not in session
Bomai case (1994)
President rule subjected to judicial review
Satisfaction must be based on relevant material
Burden lies on center to prove relevant material
SC has power to declare rule unconstitutional and restored dismissed government and assembly
Assembly dissolved only after parliament has approved, till date suspend
Anti secular policies liable of action
Question of confidence should decided on floor of house
Used in special situation only
Proper material
Hung assembly
majority party denies to for government and governor can not find coalition
ministry resign after defeat and no other party able to form government
Constitutional directions disregarded
act against constitution
physical breakdown refuse to discharge constitutional obligation
Improper material
Ministry resign and imposed without finding alternative
Not allowed to prove majority
Ruling party faced massive defeat
Internal disturbance not amounting internal subversion or physical breakdown
Allegation of corruption
State government do not given warning to rectify except in disastrous consequences
But in the case of Jammu and Kashmir, Governor's Rule is imposed for a period of six months
under Section 92 of the Constitution of Jammu and Kashmir. The Governor's Rule can be
imposed for six months after the consent of the President of India. The State Assembly is
either kept in suspended animation or dissolved. If the Constitutional machinery is not
restored in 6 months, the provision of Article 356 of the Indian Constitution is extended and
the President’s rule is imposed.

4. Financial Emergency A.360 (Not declared so far)

Ground of declaration - If president satisfied that financial stability and credibility of India is
threatened [Satisfaction of president subject to judicial review]
Parliamentary approval - Within two months by both houses by simple majority (Dissolution of LS
30 days after first sitting mean time RS should approve)
 Duration - indefinite time after approval (Repeated approval not required), Revoked by president
(not requires approval)
Effect
(a) Executive authority of centre extends directing state to observe canons of financial propriety,
direction by president adequate for this purpose
(b) Direction to reduction in salary all or any class of person, Reservation of money bill & financial
bills of state
(c) President may issue direction to deduction of salary of all class of person serving union &
judges of SC & HC

President
Author: Abhishek D

1. A.52 – A.78 part 5 deals with union executives (P + VP + PM + Council of minister + Atorney General)

2. President – Head of state, first citizen, symbol of unity integrity and solidarity

3. Election

Electorol college – Elected member of both house + elected MLA of legislative assembly States,
Delhi & Pondi (Nominated members excluded) Member of dissolved assembly ceased to qualified
to vote

Uniformity in scale of representation of different states as well parity between state as whole

Vote of MLA = Total population of state / (Total number of elected member in state legislative
assembly * 1000)

Vote of MP = Total value of votes of all MLA of all state / Total number of elected member of
parliament

System of proportional representation by single transferable vote by secret ballot

All doubts and dispute decided by SC and its decision is final (Can not be challenged on ground
that electoral college is incomplete)

If declared void, acts done by him before that remain in force

4. Qualification
Citizen of India, 35 age, qualified to be member of Lok sabha, Should not hold office of profit under
public authority (minister / governor not office of profit)

50 electors as proper and 50 as seconders. Deposit of 15k [1/6 th vote condition] (1997 10 + 2.5)

5. Oath of president (Any other person acting as well) [Given by CIJ or seniormost judge]
Faithful execution of office, defend constitution and law, devote to service and well being (No oath
of secrecy)
6. Condition of office
Should not be MP, deemed to vacant seat on date entering office, No office of profit, Rashtrpati
Bhavan, Allowances determined by parliament (Not diminished during term of office)
 Immunity – Legal liability of act, Criminal proceeding in office ()

7. Term of office
5 years + new, Can resign addressing letter to VP
Impeachment – For violation of constitution (Not defined), Can be initiated in either house, signed
by 1/4 th member of house, 14 days notice, impeachment resolution should pass by majority 2/3 rd
of total membership, Second house investigate charges, If second house passes charges by 2/3 rd
majority removed from office same day

Note – Nominated member of parliament participate, MLA do not

Vacancy - election before expiration of term (if delayed P continues VP do not get chance), In case
of death, resignation, removal or otherwise within 6 month (VP act as P, New P gets full term)

Note - VP can discharge function in absence or illness, In absence of VP CJI or seniormost judge of
SC

8. Powers and functions

Executive
All executive action by his name
Make rule specifying manner in which order made& executed by his name authenticated
Make rule of convenient transaction of union government, allocation of business among
ministers
Appoints PM & other minister (Pleasure)
Appoint Attorney general & decide his remuneration (Pleasure)
Appoints CAG, election commissioner, Chairman of UPSC, governor, chairman & member of
FC
Can seek info about administration of union from PM
Can require PM to submit for consideration of council of minister
Can appoint commission to investigate SC/ST/OBC condition
Appoint inter state council
Directly administer UT through administer
Can declare schedule area and has power to administer schedule and tribal area
Legislative
Integral part of parliament
Summon or prorogue parliament, summon joint sitting
Address on first session after General election and first session of every year
Send message to house for pending bill
Nominate member of RS & LS
Decide on questions as on disqualification of MP in consultation with ECI
Give assent, withhold assent or return bill
Promulgate ordinance (must approved by parliament within 6 weeks of reassembly)
He lays report of CAG, UPSC etc before parliament
Regulation for peace and progress of A&N, DNH, DD, LD (In case of Pondi when assembly is
suspended)
Financial
Money bill with his prior recommendation
No demand of grant can be made except on his recommendation
Can make advances out off contingency fund of India (Held by finance secretory on behalf of
him)
 Constitute FC
Judicial
Appoints CJ and judges of SC & HC
Can seek advice (Not binding)
Grant pardon, reprieve, respite and remission of punishment convicted in
(a) punishment by court martial
(b) Offence against union law
(c) Death sentence
Diplomatic
International agreement negotiated & concluded on behalf of president (Subject to approval
of president). He represents India on international forum
Military
Supreme commander of defence forces, appoint chiefs, declare war or conclude peace
(Subject to approval of parliament)

9. Veto power
Types
Absolute
Qualified (Can be overridden by parliament with higher majority)
Suspensive (overridden with ordinary majority)
Pocket (taking no action)
Absolute - Bill ends and does not become act
(a) Private members bill
(b) Government bill (New cabinet advice)
Suspensive - returned bill not in case of money bill (but can withhold)
Pocket - No time limit, Indian post office bill by Gyani Zail Sing
No veto power for constitutional amendment (24 th amendment 1971)
State legislature can not override veto of president
10. Ordinance making power A.123
Only when either or both house not in session (Not parallel to power of legislation )
Only when he satisfied circumstances exist (Cooper case 1970 satisfaction can be questioned in
court on the ground of malafied) [38 th amendment president satisfaction kept out of judicial
review but deleted by 44 th amendment]
Only on those subject on which parliament can make law
Can not abridge or take away fundamental right
Max period 6 month & six week
If both the houses pass the resolution to disapprove it then cease to operate
Not discretionary power (Cabinet advice)
Can't be issued to amend constitution
Can alter tax law also and can be retrospective as well
Ordinance making power not found in UK and USA
Rule of parliament - while replacing ordinance reason of promulgation should also specified
DC Wadhava case 1987 - Re promulgation with same text is violation of constitution
11. Pardoning power
Independent of judiciary
Principles established by SC
 Petitioner has no right to an oral hearing by president
can take different view from judiciary
on advice of union cabinet
Not bound to give reason
No need for SC to lay down specific guidelines
Not subject to judicial review (Except arbitrary, malafide and discriminatory & irrational)
Once rejected stay can not be obtain by filing one another petition
Governor and president have concurrent power in respect of suspension, remission and
commutation of death sentence
12. Discretionary power
42 nd amendment made advice of Cabinet headed by PM binding on president [44th amendment
added clause of reconsideration but reconsidered advice is binding]
Appointment of PM when no party is in majority or PM suddenly dies and there is no obvious
successor
Dismissal of council of minister when it failed to prove majority

Vice president
Author: Abhishek D

1. Second highest office (inline with USA) A.63 to A.71

2. Election
Elected by both elected and nominated member of parliament, proportional representation, single
transferable vote, secret ballot paper
Election dispute - Decided by SC and decision is final & binding, (Other same as P)
3. Qualification
Indian citizen, 35 age, Qualified for election of RS, no office of profit
20 Proposer + 20 seconders, 15k deposit in RBI
4. Oath (Given by president or person appointed by him)
True faith and allegiance to constitution
Faithful discharge of duties of office
5. Condition of office
not a member of parliament or state legislature (Deemed to vacant)
No office of profit
Term
5 years, resign addressing to president, Formal impeachment not required (Resolution of RS by
effective majority + approved by LS with simple majority, 14 days notice, no ground mentioned in
constitution), can hold office until successor takes charge
6. Powers and functions
Ex officio chairperson of RS (power resemble to speaker of LS)
Act as president when vacancy occurs (Max 6 month new should be elected, does not act as
chairperson of RS)
7. Emoluments - Constitution has not fixed, regular salary as chairperson of RS (acting as president salary
of president not chairperson)
Prime minister
Author: Abhishek D

1. Real executive, Head of the government

2. Appointment
A.75 by president, Leader of party in majority, When no party has clear majority then discretionary
power (Usually leader of largest party)
Delhi HC - Constitution does not require person must prove majority before appointment
In 1997 SC held person who is not member of either house can be appointed as PM for 6 month
3. Oath of office and secrecy (By president)
faith and allegiance to constitution
uphold sovereignty and integrity
faithful & conscience discharge of duties
to do right to all manner of people in accordance with constitution and law without fear favor
affection of ill will
4. Tenure - During pleasure of president (If losses confidence in LS then president can dismiss)
5. Salary and allowances - Determined by parliament time to time
6. Power and function

In relation to council of minister

Recommend minister (binding)
Allocates or reshuffle portfolio
ask minister to resign or president to dismiss
Presides meeting of council of minister
Guides, directs & control activities of council of minister
Council collapse if he resigns
In relation with president
Chanel of communication
Advice regarding appointment of important officials
In relation to parliament
Advice president with regard to summons, proroguing of parliament
can recommend dissolution
announces government policies on floor of parliament
Other power
Chairperson of NITI ayog, NDC, National integration council, ISC, National water resource
council
Significant role in shaping foreign policy
Chief spokeperson of the Union government
Crisis manager
leader of party in power
political head of services [Executive power of Union is vested with President; Cabinet secretary
is ex officio chairperson of civil service board ]

Council of Minister
Author: Abhishek D

1. Constitutional provisions
A.74 - Council of minister headed by PM for aid and advice of president. Advice tendered shall not
inquired in any court
A.75 - Total number if ministers shall not exceed 15% of LS. (91 st amendment 2003), Collectively
responsible to LS [6 month rule]
A.88 - Every minister has right to speak and take part in proceeding of house, committee of
parliament in which he may be named a member (not entitled to vote)
Nature of advice - In 1971 SC held even after dissolution of LS, council of minister does not cease
to hold office, A.74 is mandatory, therefore president can not exercise executive power without aid
and advice of council of minister.
In 1974 SC held wherever satisfaction of president is written in constitution it is satisfaction of
council of minister
2. Oath of office and secrecy (By president)
faith and allegiance to constitution
uphold sovereignty and integrity
faithful & conscience discharge of duties
to do right to all manner of people in accordance with constitution and law without fear favour
affection of ill will
SC held that Description of minister such as deputy minister, minister of state or deputy minister
which is not mentioned in constitution does not vitiate oath taken by him
3. Salary - Decided by parliament
4. Responsibility of ministers
Collective - Swim and sink together, Cabinet decision bind on all minister
No legal responsibility (Unlike UK)
5. Composition of council of minister (Based on convention of parliamentary system)
Cabinet minister - Heads important ministry,Inserted in constitution in A.352 by 44th constitutional
amendment
Minister of state - Can be given independent charge,
Deputy minister - Attached to cabinet/minister of state
Parliamentary secretory - No department under control, attached to senior ministers and assist
them
6. Role of cabinet
Highest decision making authority
Chief coordinator of central administration
Deals with all legislative and financial matters
Control over highest appointment
Deals with foreign policy
7. Kitchen cabinet - Most important ministers, Inner cabinet, Informal body can also include friends or
family (Exist in USA and Britain)

Cabinet Committees
Author: Abhishek D
 1. Cabinet committee
Extra constitutional (Rules of business provide for their establishment)
Standing permanent, Ad hoc temporary
Set up by prime minister (3-8 member from council of minister)
If PM is member he is chairperson
Device to reduce workload of cabinet (division of labour and effective delegation)

2. Committees (2016)
Political affairs [Policy matters, super cabinet]
Economic affairs (Price +WTO + UIDAI)
Appointment [all higher level appointment]
Security
Parliamentary affairs [progress of government business in parliament, Home minister ]
Accommodation
Cabinet committee on management of natural calamities discontinued and handled by cabinet
secretory whenever natural calamities occurs (National crisis management committee headed
by cabinet secretary)
3. Group of ministers
Ad hoc bodies Constituted to look into different issues
Give recommendation to cabinet on emergent issues and critical problems
Viable and effective instruments for coordination among ministries
Second ARC observation about GOM
Large no of GOM resulted many not being able to meet regularly leading to significant delay
More selective use would lead to more effective coordination
Selective and effective use of GOM with prescribed time limit would be helpful
In 2014 abolished whenever ministry face difficulties cabinet secretariat and PMO will facilitate
decision making process

Parliament
Author: Abhishek D

1. A.79-A,122 part 5
2. Organisation
President + Council of state (1954, Rajysabha) + House of the people (1954, Loksabha) [In USA
president not a part]
Interdependence of legislature and executive
3. Composition of Rajysabha
Fixed at 250 (238 + 12), Present 245 (229 + 4 + 12), Fourth schedule deals with allocation of seats
in RS to state and UT
Representation of state - Elected by legislatve assemblies(Only elected members), proportional
representation by single transferable vote, based on population
Representation of UT - indirectly elected by electoral college specially constituted for this
purpose, proportional representation by single transferable vote. Only Delhi & Pondi have
Representation (Other 5 population is too small to have representation)
 Nominated members - art, literature, science and social service (American senate has no
nominated member)
4. Composition of Loksabha
Fixed 552 (530 + 20 + 2), Present 545 (530 + 20 + 2)
Representation of state - directly elected, Universal adult franchise (18 age by 61 st amendment
1988, original 21)
Representation of UT - Parliament to prescribe manner (UT direct election to house act 1965)
Nominated member - Anglo Indian, Originally till 1960 extended till 2020 by 95th amendment 2009
5. System of election to Loksabha
Territorial constituencies
Uniformity of representation in between different states and between different constituencies
Readjustment
After every census readjustment in allocation of seats in state and division of state in constituencies
42 nd amendment and then 84 th amendment 2001 fixed population level to 1971 till 2026
87 th amendment empowers rationalization of constituencies in state on 2001 census figure
Reservation of seats
Abandoned communal representation but reservation for SC ST (Originally 1960)
95 th amendment of 2009 till 2020. No seprate elctorate, 87 th act refixing of reservation seats on
basis of 2001 census
6. Duration of RS - 1952 first constituted, 1/3 rd member retire every two years, Constitution does not fix
term of member (RPA 1951, provided 6 years)
7. Duration of LS - Five years from date of first meeting
8. Membership of parliament
Qualification
citizen of India
must make and subscribe oath before person prescribe by EC (Faith to constitution & integrity
sovereignty)
30 years RS, 25 years LS
RPA 1951
Registered as elector (Modi and MN sing case, Same for SC & ST)

Disqualification (President decision final + EC advice and act accordingly)

office of profit
unsound mind
undischarged insolvent
Not a citizen
RPA
Corrupt practices in election
Imprisonment for two years or more (Preventive detention not included)
Failed to lodge account of election expenses
holding office of profit in company with 25% + government share
Dismissed from service for Corruption
Dowry, Sati, Untouchability
Defection under 10 th schedule [Decided by chairperson and speaker and not president (subject to
judicial review)] [52 nd amendment of 1985]
Give up membership of party (Exemption to speaker)
contrary vote to whip or abstain from voting
independent member joins party
 Nominated member joins part after 6 month
President decide with help of ECI

Vacating seats
Double membership
Elected to both house 10 days to choose, else RS seat become vacant
If sitting member then seat of first house
Two seats in a house exercise his option for one, else both seats
Resign seat of state legislature in 14 days, else parliament seat
Resignation - To speaker / chairperson may not accept if not found voluntary
Absence - To all meeting 60 days without permission (Not counted days in which house adjourned
for more than 4 days)
Other
Election declared void (No procedure in parliament, RPA enables high court to declare election void
if disqualified candidate gets elected)
Expelled

Oath (President or person appointed by him)

Faith towards constitution
sovereignty and integrity
Faithful discharge of duty

Salaries and allowances (No provision of pension in constitution but provide since 1976) Charged
on consolidated fund of India and not subject to annual vote, 2018 budget automatic revision of
salaries every 5 year indexed to inflation
9. Presiding officers of parliament
Speaker
Do not subscribe to any separate oath
Election - after first meeting, date fixed by president
Tenure - During LS, Vacant seat if (ceases membership, resigns writing to Deputy speaker,
resolution by effective majority [14 days + 50 member support]), After dissolution continues till
newly elected
Role - Head of LS, guardian of power and privileges of Members and house, pprinipal
spokesperson
Power (Head of LS)
final decision in parliamentary matters
derives power from COI, Rules, conduct of business and parliamentary conventions
regulate proceeding
final interpreter of provisions of COI, rules and business of conduct in house
Adjourns or suspend house (1/10 th quorum)
Does not vote in first instance but in case of tie
Preside joint sitting
Allow secret sitting (No stranger without permission of speaker)
Decides money bill (Final)
Decides question of qualification on 10 th schedule
Ex offico chairperson of Indian parliamentary group and conference of presiding officers of
legislative bodies
Appoint chairperson of all parliamentary committees and supervise
Chairperson of business advisory, rule and general purpose committee
 Independence
Salary charged on Consolidated fund, conduct can not be discussed or criticized in LS, Power of
regultion not subject to jurisdiction of any court, Can not vote in first instance, 7 th rank along with
CJI

Deputy speaker
Work when seat of speaker is vacant or speaker is absent
Election - Among members, date by speaker
Tenure - During LS, Vacant seat if (ceases membership, resigns writing to Speaker, resolution by
effective majority [14 days])
Not subordinate to speaker directly responsible to house
Special privilege whenever appointed to parliamentary committee automatically become
chairperson
Salary - charged on Consolidated fund
Note - From 11 loksabha consensus speaker from ruling party deputy speaker from opposition

Note Institution of speaker and deputy speaker originate in 1921 by GOI act 1919 [Sachinanad
Sinha Deputy president, president and deputy president; before 1921 GGI presides]
1935 present nomenclature [Old continued as federal part not implemented]
Vithabhai J patel first elected president (1925)
GV Malvankar and Ananthasaynam Ayyangar first elected speaker and deputy speaker (1947)

Panel of chairperson of LS
Rules of LS, speaker nominates, not more than 10, Can not preside when Speaker or Deputy
speaker vacant (then President appoints temporary)

Speaker pro tem - Speaker vacates office just before first sitting(Constitution) , President appoint
member as speaker pro tem (Administer oath to Members enables house to elect speaker)

Chairperson of RS
VP ex officio, can only be removed when removed as VP, power same as speaker, casting vote,
Salary charged on Consolidated fund
Deputy chairperson of RS
Elected by RS among its member, (ceases membership, resigns writing to chairperson, resolution by
effective majority [14 days]).
Deputy chairperson not subordinate to chairperson but directly responsible to house, salary
charged to consolidated fund

Panel of vice chairperson

Rules of RS chairperson nominates, Can not preside when chairperson or Deputy chairperson
vacant (then President appoints temporary)
10. Secretariat of parliament
Each house separate staff, recruitment and service regulated by parliament, headed by secretary general
(permanent officer appointed by presiding officer of the house)
11. Leaders
Leader of the house
AS per LS rule PM if he is member of LS, else minister who is member of LS and nominated by PM
Leader of RS member minister nominated by PM
Leader can nominate deputy leader
 Leader of opposition
1/10 th seat of total strength (1969 first time INC[o]). Leader of opposition of LS and RS given
statutory position in 1977 (Parliament statute) (Salary equivalent to cabinet minister)

WHIP
neither in constitution nor in rule and parliamentary statute, based on convention
Responsible ensuring attendance and securing support, regulate and monitor behavior
12. Session in parliament
Summoning (Presidnet time to time summons)
The budget
The monsoon
The winter
Period between prorogation and reassembly is called as recess

Adjournment - suspend work for terminated time

Adjournment sine die - indefinite period without specifying time, presiding officer, can also call
sitting before rime
Prorogation - After adjournment sine die, when business of session is completed president issue
notification of prorogation
(Can also prorogue within session). Does not affect bills (but Pending notice lapse except for
introducing bill)

Dissolution - Auto dissolution, president can dissolves before 5 years, irrevocable (All businesses
lapse)
Some pending bills and all pending assurance to be examined by committee on government
assurance do not lapse
Position with respect to lapsing bill
Bill pending in LS lapse
Bill pass by LS but pending in RS lapse
Bill not passed by two house due to disagreement and if president has notified joint sitting,
does not lapse
Bill pending in RS but not passed by LS does not lapsed
Bill pass by both the house does not lapse (even if returned or yet to give assent)

13. Quorum - 1/10 th of total (Including presiding officer)

14. Language - Constitution Hindi and English (1965, but Official language act 1963 allowed English to
continue) for transacting business. Presiding officer can permit member to address in mother tongue
15. Rights of ministers and Attorney General - Right to speak and take part in proceedings (without vote)
16. Lame duck session - last session after new LS elected
17. Devices of parliamentary proceedings
Question hours (First hour of every sitting)
Starred - oral answer hence supplementary question follows, green
Unstarred - Written answer no supplementary, white
Short notice - asked by giving notice less than 10 fays, oral, light pink
(Can also be asked to private member if subject matters relates to bill or business for which
member is responsible, Yellow)

Zero hour (not mentioned in rule)

After question hour and last until agenda of day, Informal device to raise matter without notice,
Indian innovation

Motions
No discussion on matter of public importance except motion made on permission of presiding
officer. House express decision through adoption or rejection of motion.
Substantive - self contained dealing with matters like impeachment
Substitute - Substitution of original
Subsidiary - Can not state decision of house without reference to original motion
(a) Ancillary - used as regular way
(b) Superseding - Seek to supersede issue
(c) Amendment - seek to modify original motion

Closure motion - to cut short debate, if approved put on vote

(a) Simple - sufficiently discussed be now put on vote
(b) Closure by compartment - lengthy bill group into part and entire part put to vote
(c) Kangaroo - only important clauses, intervening clause skipped and taken as passed
(d) Guillotine - undiscussed clause put to vote along with discussed

Privilege Motion - breach of parliamentary privileges (Wrong or distorted facts)

Calling attention - To call attention of minister to seek authorized answer from him/her. Indian
innovation, mentioned in rule

Adjournment motion - to draw attention of house in matter of public importance, 50 member

support to admit, interrupt normal business, RS not permitted to use, discussion more than 2.5
hours, should not revive discussion on matters already discussed in same session, not more than
one matter , restricted to specific matter, not raise question of privilege

No confidence - support of 50 members, should not state reason, only in LS

Censure - should state reason, can be against individual minister, need not resign

Motion of thanks - president outlines program and policies, discussed in both the house, put to
vote if not passed taken as defeat of government

No day yet named - admitted by speaker but no date fixed for discussion

Point of order - when proceeding do not follow normal rule of procedure, usually raised by leader
of opposition, suspend proceeding, no debate allowed on point of order

Half an hour discussion - discussing matter of public importance subject to lot of debate, speaker
can allot three days a week for such discussion, no formal motion or voting before house

Short duration discussion - Two hour discussion,Speaker can allot two days a week, neither formal
motion nor voting before house

Special mention - RS, equivalent to procedural device of LS known as notice (Rule 377)
 Resolution - draw attention of house, discussion should strictly within scope of resolution, member
who has moved resolution can not withdraw except by leave of the house
All resolution under category of substantive motion, all resolution requires to be voted upon
Private - alternate Friday in afternoon sitting
Government - Any day from Monday to Thursday
Statutory - in pursuance of provision of constitution or act (Both private and government)
18. Legislative procedure in parliament
Private bill - one month notice
Government bill - 7 days notice
First reading - Member who wants to introduce ask for leave of the house (should granted),
introduce it by reading title and objectives, no discussion, bill published in gazette of India, If
introduced earlier then no need of leave of house (Rule 64)
Second reading
(a) General discussion - Printed copies distributed to all, provisions discussed but not detail, May
take bill in consideration or refer to select committee or refer to joint committee or circulate bill for
public opinion
(b) Committee - select committee (member of house where bil originated) examines in detail, can
amend without changing principle
(c) Consideration - Consider provisions clause by clause , clause discussed and voted separately,
members can move amendment
Third reading - debate confined to acceptance or rejection as whole, no amendments allowed, if
passed authenticated by presiding officer, transmitted to second house
In second house
(a) may pass as sent
(b) May pass with amendments and send to first house for reconsideration (Joint sitting if
recommendation not accepted)
(c) may reject or keep pending (six month waiting for joint sitting)

19. Youth parliament - On recommendation of all India WHIP conference

20. Money bill A.110 - tax, regulation of borrowing of money, custody of contingency and consolidated
fund and related bill, Any matter incidental to any matter above (related to expenditure or receipt),
Government bill, only in LS, introduce by recommendation of president, requires clarification of speaker,
when transmitted to RS; RS 14 days max can retain, Cant be rejected by RS (can make recommendation),
can not be returned by president [Penalty, service charge or regulation of tax by any local authority not
deemed to be money bill]
21. Financial bill
Deals with fiscal matter [Money A.110, Financial(I) A.117(1), Financial(II) A.117(3)]
Financial (I)
Not only matters of A.110 but general matters, introduced only in LS, recommendation of
president, Procedure like ordinary bill, joint sitting, president can return
Financial (II)
Involving expenditure from consolidated fund, ordinary bill, Can introduced in either house on
recommendation of president, joint sitting, president can return
22. Joint sitting
Speaker -> D Speaker -> D chairperson -> any other member
Governed by rules of LS
New amendment can not be proposed except those which became necessary due to delay and
those associated with disagreement
23. Budget in parliament
A.112 Annual financial statement (Constitution)
Acworth committee - 1921 separated railway budget.
President shall in respect of every financial year laid before both house statement of estimated
receipts and expenditures.
No demand except with recommendation of president.
No money from consolidated fund except appropriation made by law
No tax levied and collected except by authority of law
Parliament reduce/abolish tax but can not increase
RS has no power to vote on demand for grant
Budget shall distinguish revenue account from capital
Expenditure charged on CFI not subject to vote
Stages in the enactment
Presentation - Finance minister presents, budget speech can be discussed by RS but can not be
vote
(a) General discussion - in both house (no cut motion moved)
(b) Scrutiny by departmental committee - 24 committee examine and discuss in detail grants (1993)
(c) Voting on demand of grant - Only LS, total 26 days allotted, Guilotine
Cut motion
Policy cut - disapproval of policy, reduced to INR 1
Economy cut - amount of demand to be reduce to specific amount
Toke cut - amount of demand reduce by rs 100 (Should be related to one demand only)
(d) Passing of appropriation bill - for appropriation out off CFI, government can not withdraw
money till it is passed,
Passing vote on account - Passed after general discussion on budget, granted for 2 months (1/6 th
of estimation)
(e) Finance act legalise income side of budget and complete enactment of budget
Other grants (By same procedure as budget)
Supplementary grant - Granted when amount authorised by parliament found inefficient
Additional grant - Additional expenditure on some new services not contemplated in budget
Excess grant - When money has been spent on services in excess, before submitting to LS must be
approved by Public account committee (After financial year)
Vote of credit - granted for meeting unexpected demand, blank cheque
Exceptional grant - Granted for special purpose and forms no part of current service
Token grant - Funds to meet proposed expenditure can be made available by re appropriation ,
transfer of payment from one head to another
24. Funds
Consolidated fund of India A.266
All receipt credited and all payments debited
Public account of India A.266
All public money received by or on behalf of GOI, PF, Saving bank deposit, judicial deposit,
remittances (Executive action)
Contingency fund of India A.267
Authorized parliament to establish contingency fund, into which amount determined by law paid
from time to time. Place at disposal of president. He can make advances out of it to meet
unforeseen expenditure. Held by Finance secretory on behalf of president (Executive action)
 Note : Constitution provides for establishment of consolidated fund, public account and
contingency fund for each state
25. Delegated legislation/ Executive legislation/ subordinate legislation - Parliament makes law in
skeleton form executive make rules within framework
26. Rule of lapse - If money granted not spent returns to CFI
27. Position of RS
RS unequal with LS
Money bill
Financial bill (I) can be introduced only in LS
Joint sitting (Speaker)
Vote of grants
Resolution of discontinuation of emergency
No confidence motion
Special power of RS
Removal of VP resolution should be passed in RS and then by simple majority in LS
All India service
State list law
28. Parliamentary privileges
Extends to attorney general, not extends to president
Collective
Right to publish report or to prohibit publishing 44 th amendment restores freedom of press, true
report can be published without permission [Not in secret sitting]
Secret sitting
Own rules to regulate procedure
Punish member as well outsider for breach of privileges (Imprisonment as well also suspension or
expulsion in case of member)
Can inquires and order attendance of witness and relevant record
Court prohibited enquiring proceedings
No person (member or outsider) can be arrested or no legal proceeding (civil + criminal) within
precints of the house without permission of presiding officer
Individual
Can not arrested 40 days before and after session (Only civil cases, not in preventive detention)
Freedom of speech (Restriction : conduct of judges and parliamentary language)
Can refuse to give evidences when parliament in session

Sources of privileges
A. 105 Freedom of speech and right to publish its proceedings
With regard to other privileges it is provided that same as to be house of commons of British
parliament (44 amendment, verbal changes dropped house of commons but position remained
same)

Note : Breach of privileges may be contempt of house as well contempt of house may be breach of
privileges
29. Factors limiting sovereignty of parliament
Written constitution
Federal system
Judicial review
Fundamental rights
Parliamentary committees
Author: Abhishek D

1. Constitution mentions at different places (composition, tenure etc decided by rule of house)
2. Railway convention committee first after independence 1949
3. Parliamentary committee criteria
appointed or elected or nominated by house or speaker or chairperson
works under direction of speaker/chairperson
present report to house or speaker or chairperson
Has secretariat provided
Standing - permanent
Adhoc - temporary (Inquire and advisory) [Select committee and joint committee]
4. Financial Standing committees
Public account
1921, GOI act 1919, 22 elected member by proportional representation (15 + 7), 1 year, minister
can not be elected, convention chairperson from opposition (and from Loksabha only) , examine
CAG report (appropriation account [compare actual expenditure and sanctioned expenditure),
finance account (annual receipt and disbursement of union government) and public undertakings],
CAG act as MITAWA, post mortem analysis, recommendation not binding
Estimate committee
1950, 30 elected members from LS, proportional representation, 1 year, no minister, chairperson
from ruling party, examine estimate and suggest economies in public expenditure, continuous
economy committee , examine estimates after voted, not binding
Public undertakings
1964, recommendation of Krishna Menon committee, original 14 now 22 (15 + 7) members elected,
not minister, 1 year, Chairperson from LS only, post mortem, not binding
5. Departmental standing committees
24 committees, to secure more accountability of executive, 31 members (21 + 10), nominated by
speaker or chairperson, not minister, 1 year, 8 under RS 16 under LS, not binding on parliament,
authorized to invite expert
6. Committees on inquire
Petitions
entertains representation from individual or association, LS committee 15, RS committee 10
Privileges
Semi judicial, LS committee 15, RS committee 10
Ethics
Enforce code of conduct, examine cases of misconduct, speaker is not chairperson
7. Committees on scrutinise and control
Government assurance
Examines assurances given by the ministers on floor, 15, RS committee 10
Subordinate legislation
Examines power given to executive are properly exercised, both house 16 members
Paper laid on table
 Examine all paper laid on table by minister, LS committee 15, RS committee 10
Committee on welfare of SC/ST 30 members (20 + 10)
Committee on welfare of women 30 members (20 + 10)
Joint committee on office of profit
Examine committee and bodies and recommends weather person holding this office should be
disqualified from being mp, 15 members (10 + 5 )

8. Committees related to day to day business

Business advisory
LS (15 including speaker), RS (11 including chairperson), regulate programme and time table
Private member bill and resolution
Classifies bills and allocate time for discussion, special committee of LS, 15 (including D Speaker)
[In RS same function by business advisory]
Rules LS 15 including speaker, RS 16 including chairperson
Absence of member
Special committee of LS, 15 members [RS deals by house itself]
9. House keeping or service committee
General purpose committee
Advise matter concerning affairs of house, Presiding officer + deputy speaker/chairperson +
member of panel of chairperson/ vice chairperson, chairperson of all standing committee leader of
parties and members nominated by presiding officers

House committee
Deals with residential accommodation and other amenities like food, medical aid etc, both house
have

Library committee - 9 members (6 + 3)

Joint committee on salaries and allowances of member - 15 (10 + 5)
10. Consultative committee
Attached to various ministry and departments, members from both the houses, minister/minister of
state as chairperson, constituted by ministry parliamentary affairs, voluntary membership, min 10
max 30, Form after new LS elected dissolve after LS dissolve
Note : Informal consultative committee are to be arranged in session period only (Railway zonal)

Parliamentary group
Author: Abhishek D

1. Indian parliamentarian group

Autonomous body, 1949 by motion adopted by constituent assembly (Legislative)
open to all mp, former member can be associate members (not entitled to representation at
meetings and conferences of IPU and CPA and travel concession),
Speaker ex offcio president
 D speaker, D chairperson vice president
Secretory general of LS act as secretory
Objectives
promote personal contacts
study question of public importance
arrange visit to foreign countries to develop contacts with MP of that nation
2. IPU
International organisation of parliamentarians of sovereign nations, 153 parliaments
3. CPA
Association of commonwealth parliamentarians
The parliamentarian quarterly, First reading after every 2 months published by CPA

Parliamentary Forum
Author: Abhishek D

1. First forum on water conservation and management (2005), total 8 till now [Somanth Chatarjee]
2. on disaster management (2011)
3. Objectives - platform for interaction, sensitise member, enabling MP to raise issue effectively , prepare
database and circulation to members
4. Composition

Speaker of LS ex officio president of all forum (Exception : population and public health Chairperson of RS
& speaker co president)
Deputy chairperson of RS + Deputy speaker LS + concerned minister + chairperson of related standing
committee ex officio vice president
Not more than 31 members (Excluding ex officio) (21 + 10)
Nominated by speaker and chairperson
Duration co terminus with their membership
Secretory general of LS as secretory

1.

Supreme Court
Author: Abhishek D

1. Integrated judiciary (Single system of court adopted by GOI act 1935)

2. A.124 to A.147 Part 5 of the constitution
3. Organisation - 31 judges (1 + 30) to increase number amendment require
4. Judges
Appointment - Chief justice appointed by president after consultation with judges of SC & HC, For
other judges consultation with CJI and other judges
First judge case 1982 - consultation does not means concurrence
Second judge case 1993 - Consultation means concurrence, CJI tender advice after consultation
with two senior most judges
 Third judge case 1998 - CJI should consult collegium of 4 senior most judges of SC if two judges
gives adverse opinion he should not send recommendation (Name suggested by CJI without
consultation not binding on government)
Appointment of CJI - Second judge case 1993 senior most judge should be appointed as CJI
Qualification - Citizen of India, judge of HC for five years, advocate of HC for ten years, He should
be distinguished jurist in the opinion of president (No min age)
Oath or affirmation
Faith and allegiance to constitution
uphold sovereignty & integrity
perform duty without fear & favour
uphold constitution & law
Tenure - 65 age (Can resign writing to president)
Removal
Impeachment motion does not lapse on dissolution,
proved misbehavior or incapacity
Judges enquiry act 1968
Motion signed by 100 (In case of LS) or 50 (RS) & given to speaker
Speaker may admit or refuse
If admitted speaker/chairperson constitute three member committee to investigate
Committee (CJI or judge of SC + chief justice of HC + distinguished jurist)
If found guilty house can take up motion
After resolution passed by each house with special majority, address presented to president
President passes order of removal [if address by parliament is presented to him in same session for
such removal]
Salaries and allowances - Determined by parliament, fall on CFI, can not be varied to
disadvantage in tenure after appointment

5. Acting Chief Justice

President can appoint when
Office of CJI vacant, temporarily absent, unable to perform duties
6. Ad hoc judges
When lack of quorum to continue session CJI can appoint judge of HC as adhoc judge (Only after
consultation with concern CJ of HC) & consent of president, All power of judge of SC
7. Retired judges
CJI can request retired judge of SC and HC to act as judge temporarily, previous consent of
president and that person, Allowances determined by president, All power of judge
8. Seat of SC
Constitution declares Delhi & authorized CJI to appoint other places as seat (approval of president)
9. Procedure of court
With approval of president makes rule, Constitutional benches or references made by A.143
decided by five judge bench, other cases not less than three, majority vote in differing dissenting
judgement given
10. Independence
Guardian of constitution, Mode of appointment, Security of tenure, fixed service condition,
expenses charged on CFI, conduct of judges can not be discussed, freedom to appoint staff,
jurisdiction can not be curtailed separation from executive, ban on practice after retirement, power
to punish contempt
11. Jurisdiction and power of SC
Original jurisdiction
Exclusive (Dispute must involve question of law, political nature excluded)
Center and State
State - State

Exceptions
dispute of pre constitution treaty
Treaty in which jurisdiction does not exist
Inter state water dispute
Matters refereed to FC
Adjustment of expenses or pension between state and center
Ordinary dispute of commercial nature between center and state
Recovery of damage by state by center
Dispute between GOI and UT not fall under original jurisdiction of SC

Writ jurisdiction
Enforcement of fundamental rights (Original)

Appellate jurisdiction
Highest court of appeal
(a) Constitutional matter - Against HC, If HC clarifies that case involves substantial question of law
and requires interpretation of constitution
(b) Civil matter - If HC certifies involves substantial question of law of general importance or
question needs to be decided by SC (originally limit of 20k but removed by 30th constitutional
amendment act of 1972)
(c) Criminal cases - reverse order of acquittal and sentenced death, taken before itself and death
sentence, certifies case is fit to appeal in SC, reversed acquittal or taken before and imprisonment
of life or 10 years [not in case of acquittal]
(d) Extends to all civil and criminal cases in which federal court of India had jurisdiction and not
covered above
(e) Appeal by special leave - Grant special leave to appeal from any judgement in matter passed by
any court or tribunal (Except military), Discretionary power
Advisory jurisdiction
President can seek opinion, not binding
(a) Any question of law of public importance (may refuse)
(b) Any dispute arising out of pre constitution treaty (must give)
A court of record
Judgement proceedings and act of SC can not be questioned. They act as legal reference
Punish for contempt of court civil + criminal (Fair and reasonable criticism and comment on admin
side allowed)

Power of judicial review

examine constitutionality of executive & legislative power of both centre and state
Other powers
Dispute of election of President and VP (original and exclusive)
Enquire conduct and behavior of chairperson of UPSC, if found guilty can recommend to president
to remove (binding)
Review its own judgement
 Withdraw case pending before HC and take before it or transfer to other HC
All authorities should act in aid of SC
A.142 Enforcement of order
12. Supreme court advocate
Senior advocates - Designated by SC or HC, Can designate with his consent, Senior advocate not
entitled to appear without advocate on record in SC or without any junior in any other court, Not
entitled to accept instruction to draw pleadings or affidavits
Advocate on record - Only those who can file matter in SC
Other advocate - Entered on roll of any state bar council, they can argue and appear for party in
SC but not entitled to file matter before the court

Judicial review
Author: Abhishek D

1. Originated and developed in USA

2. Importance - uphold principle of supremacy of constitution, maintain federal equilibrium, protect
fundamental right of citizen
3. Its a part of constitutional interpenetration itself
4. Term no where used in constitution but explicitly confer power
5. Procedure established by law in case of India, Due process of law USA
6. IR Cohelo case 2007, there could not be blanket immunity from judicial review to laws included in 9th
schedule (A.31B) (Placed after 24 April 1973 open to judicial review)
7. Judicial activism
Originated in USA
VR krishna Iyer, PN Bhagwati, O Chinnapa Redd, DA Desai laid foundation
assertive role played by judiciary
PIL is outcome of judicial activism
SC in 2007 says - judges must know their limit and not try to run government, Judicial
activism must not become judicial adventurism, Must realise administrative authority have
expertise in administration, allegation that administration and legislature not doing their job
properly can be applied to Judiciary too (Pending cases), If legislature not functioning people
will change them in election, should not violate delicate balance of power
8. PIL

Developed in USA
Also know as social action litigation, social interest litigation, class action litigation
Any member of public having sufficient interest can approach court for enforcing right of
other person and redressal of common grievances
Effective access to judiciary
Guidelines
Bonded labour matters, neglected children, violation of labour laws, petition from jail
complaining harassment /speedy trail/ death in jail, harassment by police, atrocities on
woman, harassment of villager belonging to SC ST and EBC, environmental pollution, riot
victims, family pension [Admission to medical and other education institute are not included
as PIL]
HC should not entertain a writ petition by way of PIL questioning constitutionality of statute
 Guidelines admitting PIL
Should verify credential of petitioner before admitting PIL
Court should fully satisfied that substantial public interest involved
Court should ensure that there is no personal gain/motive
Court should ensure that petition filed by extraneous bodies must be discouraged by
imposing exemplary cost

Governor
Author: Abhishek D

1. Part 6, A.153 to A.167 (Not applicable to J&K)

2. State executives - Governor + CM + Council of minister + Advocate general
3. Agent of central government
4. 7th constitutional amendment of 1956 - appointment of same person as governor of two state
5. Appointment [Canadian model]
Appointed by president warrant under his hand and seal
SC held governor is not employment under state. It is an independent constitutional office
Draft constitution provided for direct election
Citizen of India, 35 age
Convention - outside state and CM consultation
6. Condition of governor's office
Should not be member of either house of parliament or state legislature
Should not hold office of profit
Entitled to use Raj Bhavan, entitled to get payment determined by parliament
When same person in two state allowances shared by two state in proportion decided by the
president, cannot be diminished during office
Immunity – Legal liability of act, Criminal proceeding in office (2 month notice in civil cases)
Oath - Faithful execution of office, defend constitution and law, devote to service and well being
(By CJ of HC)
7. Term of office of governor
Five years subject to pleasure of president (not justifiable), can hold office until successor assumes
charge, can be transferred [Can resign addressing letter to president]
President can make provisions as he thinks fir for any contingency not provided in constitution eg.
HC judge appointed as Governor after death of governor
8. Power and function
Executive
All executive action by his name
Make rule specifying manner in which order made& executed by his name authenticated
Make rule of convenient transaction of state government, allocation of business among
ministers
Appoints CM & other minister (Pleasure) [Should be tribal welfare minister in state of CG,
Jharkhand, MP and Odisha]
Appoint Advocate general of state & his remuneration (Pleasure)
Appoints state election commissioner (can be removed only in like manner and ground of
judges of HC), Chairman of SPSC (removed by president)
 Can seek info about administration of state from CM
Can require CM to submit for consideration of council of minister
Can recommend imposition of president rule
Act as Chancellor of universities and appoints vice chancellor

Legislative
Integral part of state legislature
Summon or prorogue state legislature
Address on first session after General election and first session of every year
Send message to house for pending bill
Appoint any member of state legislative assembly/council to preside over its proceeding when
both speaker/chairperson and D speaker/chairperson post are vacant
Nominate 1/6 th member of legislative council
Decide on questions as on disqualification of MP in consultation with EC
Give assent, withhold assent or return bill, reserve bill (In case endangered position of state
HC it is obligatory) for consideration of president (if returned then president assent only no
role of governor, money bill can not be returned) [He can not make ordinance without
instruction of president on same matter (property important)]
Promulgate ordinance (must approved by state legislature within 6 weeks of reassembly)
[coextensive with state legislature]
He lays report of CAG, SPSC etc before state legislature
Financial power
Money bill with his prior recommendation
No demand of grant can be made except on his recommendation
Can make advances out off contingency fund of State
Constitute state FC
Judicial
Grant pardon, reprieve, respite and remission of punishment convicted in Offence
against state law [Cant pardon in case of death sentence but can commute, remit or suspend]
Consulted by president before appointing judges of HC
Makes appointment, promotion and posting of district judge in consultation with state HC
Appoints person to judicial service of state after consultation with HC and SPSC

9. Constitutional position of governor

A.163 Constitution envisage the possibility of governor acting at times in his discretion
After 42 nd amendment ministerial advice binding on president no such provision for governor
Constitution makes it clear that if any question arise weather a matter falls within governors
discretion or not, the decision of governor is final
Discretionary power
Reservation of bill for president
Recommendation of president rule
exercising his function as admin of UT
Determining amount payable by government of Assam, Meghalay, Tripura and Mizoram to an
autonomous tribal district council as royalty accruing from licenses for mineral exploration (Sixth
schedule)
Seeking information from CM regarding admin and legislative matters of state
Chief Minister
Author: Abhishek D

1. Real executive, Head of the government

2. Appointment

A.164 by governor, Leader of party in majority, When no party has clear majority then discretionary
power (Usually leader of largest party)
Constitution does not require person must prove majority before appointment
Person who is not member of state legislature can be appointed as CM for 6 month

3. Oath of office and secrecy (By governor)

faith and allegiance to constitution

uphold sovereignty and integrity
faithful & conscience discharge of duties
to do right to all manner of people in accordance with constitution and law without fear favor
affection of ill will

4. Tenure - During pleasure of governor (If losses confidence in lower house then governor can dismiss)
5. Salary and allowances - Determined by state legislature time to time
6. Power and function

In relation to council of minister

Recommend minister (binding)
Allocates or reshuffle portfolio
ask minister to resign or governor to dismiss
Presides meeting of council of minister
Guides, directs & control activities of council of minister
Council collapse if he resigns
In relation with governor
Chanel of communication
Advice regarding appointment of important officials
In relation to state legislature
Advice governor with regard to summons, proroguing of state legislature
can recommend dissolution
announces government policies on floor of state legislature
Other power
Chairperson of state planning board
Vice chairperson of zonal council by rotation
Member of ISC and NDC (headed by PM)
Chief spoke person of state government
Political head of services

State council of minister

Author: Abhishek D
 1. Constitutional provisions
A.163 - Council of minister headed by CM for aid and advice of governor. Advice tendered shall
not inquired in any court (Except discretion)
A.164 - Total number of ministers shall not exceed 15% of assembly. (91 st amendment 2003),
Collectively responsible to state legislative assembly (but shall not be less than 12)
A.199 - Every minister has right to speak and take part in proceeding of state legislature,
committee of state legislature in which he may be named a member (not entitled to vote)
Nature of advice - In 1971 SC held even after dissolution of state assembly, council of minister
does not cease to hold office, A.163 is mandatory, therefore governor can not exercise executive
power without aid and advice of council of minister.
In 1974 SC held wherever satisfaction of governor is written in constitution it is satisfaction of
council of minister
2. Oath of office and secrecy (By governor)
faith and allegiance to constitution
uphold sovereignty and integrity
faithful & conscience discharge of duties
to do right to all manner of people in accordance with constitution and law without fear favour
affection of ill will
3. Salary - Decided by state legislature
4. Responsibility of ministers
Collective - Swim and sink together, Cabinet decision bind on all minister
No legal responsibility
5. Composition of council of minister (Based on convention of parliamentary system)
Cabinet minister - Heads important department (ministry term used only in center, in state it is
called as department)
Minister of state - Can be given independent charge
Deputy minister - Attached to cabinet/minister of state
6. Role of cabinet
Highest decision making authority
Chief coordinator of state administration
Deals with all legislative and financial matters
Control over highest appointment

State Legislature
Author: Abhishek D

1. A.168-A.212 part 6
2. At present seven states have two houses (AP, Telangana, Maharashtra, UP, Bihar, J&K, Karnataka) [No
notification yet for MP hence unicameral] [Punjab, TN and West Bengal earlier had]
3. Organisation
Governor + State council + State assembly
Interdependence of legislature and executive
Resolution for state council must be passed by State assembly with special majority [Majority of
total membership of house and 2/3rd member present and voting] [Then amendment by simple
majority]
4. Composition of Assembly
Strength - Max 500 minimum 60 (For AP, Sikkim and Goa min 30, Mizoram 40, Nagaland 46)
Note : Not less than 60 members chosen by direct election
Note - Some member of Sikkim and Nagaland elected indirectly.
Nominate - Governor can nominate one member from Anglo Indian community
Territorial constituencies - Uniformity of representation (On the basis of last preceding census)
Readjustment
After every census readjustment in allocation of seats and division of state in constituencies
42 nd amendment and then 84 th amendment 2001 fixed population level to 1971 till 2026
87 th amendment empowers rationalization of constituencies on 2001 census figure (Without
changing number of seats)
Reservation of seats
Abandoned communal representation but reservation for SC ST (Originally 1960)
95 th amendment 2009 till 2020. No separate electorate 87 th act re fixing reservation seats on
basis of 2001 census
5. Composition of Council
Max strength 1/3 rd of state assembly and minimum 40 [Actual strength decided by parliament]
1/3 rd elected by local bodies
1/3 elected by state legislative assembly
1/12 elected by graduates
1/12 elected by teachers
remained 1/6 nominated by governor [Can not be challenged in court]

Note : 7 states has legislative council [AP, UP, Bihar, MH, Karnataka, Telangana, J&K]

6. Duration of Council - 1/3 rd member retire every two years, Constitution does not fix term of member
(RPA provided 6 years)
7. Duration of assembly - Five years from date of first meeting
8. Membership of State legislature
Qualification
Citizen of India
must make and subscribe oath before person prescribe by EC (Faith to constitution & integrity
soverignity)
30 years council, 25 years assembly
RPA 1951
Registered as elector in concern state [and to be qualify as nominated member must be resident in
concerned state]

Disqualification (Governor decision final + EC advice and act accordingly)

office of profit
unsound mind
undischarged insolvent
Not a citizen
RPA
Corrupt practices in election
Imprisonment for two years or more (Preventive detention not included)
Failed to lodge account of election expenses
holding office of profit in company with 25% + government share
 Dismissed from service for Corruption
Dowry, Sati, Untouchability
Defection 10 th schedule [Decided by chairperson and speaker (Judicial review)]
give up membership of party
contrary vote to whip
independent member joins party
Nominated member joins party after 6 month
Governor decides with help of ECI

Vacating seats
Double membership
Elected to both house, seat in one house become vacant as per law made by state legislature
Resignation - To speaker / chairperson may not accept if not found voluntary
Absence - To all meeting 60 days without permission
Other
Election declared void (No procedure in parliament, RPA 1951 enables high court to declare
election void if disqualified candidate gets elected)
Expelled

Oath (governor or person appointed by him)

Faith towards constitution
sovereignty and integrity
Faithful discharge of duty

Salaries and allowances - Allowances decided by state legislature

9. Presiding officers of State legislature
Speaker
Election - after first meeting
Tenure - During assembly, Vacant seat if (ceases membership, resigns writing to Deputy speaker,
resolution by effective majority [14 days])
Power
final interpreter of provisions of COI, rules and business of conduct in assembly
Adjourns or suspend house (1/10 th quorum)
Does not vote in first instance but in case of tie
Allow secret sitting (No stranger without permission of speaker)
Decides money bill (Final)
Decides question of qualification on 10 th schedule
Appoint chairperson of all Committees of assembly and supervise
Chairperson of business advisory, rule and general purpose committee

Deputy speaker
Election - Among members, date by speaker,
Tenure - During assembly, Vacant seat if (ceases membership, resigns writing to Speaker,
resolution by effective majority [14 days])

Panel of chairperson of assembly

speaker nominates

Chairperson of Council
 Elected by council, resign writing to deputy chairperson, resolution by effective majority [14 days])
Deputy chairperson of council
Elected by council among its member, (ceases membership, resigns writing to chairperson,
resolution by effective majority [14 days]).
Panel of vice chairperson
Chairperson nominates
10. Session in state legislature
Summoning (Governor time to time summons)
Adjournment - suspend work for terminated time
Adjournment sine die - indefinite period without specifying time, presiding officer, can also call
sitting before rime
Prorogation - After adjournment sine die, when business of session is completed governor issue
notification of prorogation
(Can also prorogue within session).
Dissolution - Auto dissolution, governor can dissolves before 5 years, irrevocable (All businesses
lapse)
Some pending bills and all pending assurance to be examined by committee on government
assurance do not lapse
Position with respect to lapsing bill
Bill pending in assembly lapse
Bill pass by assembly but pending in council lapse
Bill pass by both the house does not lapse (even if returned or yet to give assent)

11. Quorum - 10 member or 1/10 th of total whichever is greater (Including presiding officer)
12. Language - Constitution official language of state, Hindi and English (1965 after this state legislature
decide about English) for transacting business. Presiding officer can permit member to address in
mother tongue
13. Rights of ministers and advocate General - Right to speak and take part in proceedings (without
vote)
14. Legislative procedure in state legislature
First reading, Second reading, Third reading then passed to second house
In second house
(a) may pass as sent
(b) May pass with amendments and send to first house for reconsideration
(c) may reject or keep pending
NOTE - If assembly rejects amendments suggested or council rejects bill or keep pending for three
months, assembly pass bill again, if council rejects again or keep pending for a month then bill
deemed to have passed (Max four months)
NOTE - If president return bill the house have to reconsider it within a period of six month (No
obligation on president)
15. Position of council
Equal
Originating bill
Approval of ordinance
Enlargement of jurisdiction of State public services
Note - Council is subordinate to assembly [Like house of lord which can delay bill for 1 year and
money bill for a month]
Unequal
No say in ratification of constitutional amendment bill
 Creation and abolition of Council (special majority A.169)
16. State legislatures privileges
Extends to advocate general, not extends to governor
Right to publish report or to prohibit publishing, 44 th amendment restores freedom of press, true
report can be published without permission [Not in secret sitting]
Secret sitting
Own rules to regulate procedure
Punish member as well outsider for breach of privileges (Imprisonment as well also suspension or
expulsion in case of member)
Can inquires and order attendance of witness and relevant record
Court prohibited inquiring proceedings
No person (member or outsider) can be arrested or no legal proceeding (civil + criminal) within
precincts of the house without permission of presiding officer
Individual
Can not arrested 40 days before and after session (Only civil cases, not in preventive detention)
Freedom of speech (Restriction : parliamentary language)
Can refuse to give evidences when state legislature in session

High Court
Author: Abhishek D

1. Integrated judiciary (Single system of court adopted by GOI act 1935)

2. Institution of HC adopted in 1862 when HC established at Calcutta, Bombay and Madras
3. Constitution of India provides HC for each state [but 7 th amendment authorized parliament to
established common HC for two or more state or UT]
4. A.241 to A.231 Part 6 of the constitution
5. Organisation - Constitution does not specify strength and leaves it to discretion of president
6. Judges
Appointment - Chief justice appointed by president after consultation with CJI and governor of
state. In case of other judges Chief Justice of HC is also consulted
First judge case 1982 - consultation does not means concurrence
Second judge case 1993 - Consultation means concurrence
Third judge case 1998 - CJI should consult collegium of 2 senior most judges of SC
Qualification - Citizen of India, Judicial office in territory of India for 10 years, advocate of HC for
ten years, No provision of distinguished jurist as like SC
Oath or affirmation (Before governor of state or person appointed by him)
Faith and allegiance to constitution
uphold sovereignty & integrity
perform duty without fear & favour
uphold constitution & law
Tenure - 62 age, can resign writing to president
Removal
Impeachment motion does not lapse on dissolution
proved misbehaviour or incapacity
Judges inquiry act 1968
Motion signed by 100 (In case of LS) or 50 (RS) & given to speaker
Speaker may admit or refuse
 If admitted speaker/chairperson constitute three member committee to investigate
Committee (CJI or judge of SC + chief justice of HC + distinguished jurist)
If found guilty house can take up motion
After resolution passed by each house with special majority, address presented to president
President passes order of removal
Salaries and allowances - Determined by parliament, fall on CF of state (Pension of CFI), can not
be varied to disadvantage in tenure after appointment
Transfer - By process of collegium

7. Acting Chief Justice

President can appoint when
Office of CJ vacant, temporarily absent, unable to perform duties
8. Additional and acting judges
Additional judge - President can appoint (Max two years) (subject to 62 age)
Acting - President appoint till permanent judge resumes office (subject to 62 age)
9. Retired judges
CJ can request retired judge of HC to act as judge temporarily, previous consent of president and
that person, Allowances determined by president, All power of judge
10. Independence
Mode of appointment, Security of tenure, fixed service condition, expenses charged on CF of state
(Pension of judge on CFI while staff state), conduct of judges can not be discussed, freedom to
appoint staff, jurisdiction can not be curtailed (but can be changed by parliament as well as state
legislature), separation from executive, ban on practice after retirement (allowed in SC and other
HC), power to punish contempt
11. HC and multiple state
Bombay - Goa, Diu Daman , Dadara and Nagra Haveli
Culcutta - Andaman Nicobar
Kerala - Lakshdweep
Madras - TN& Pondicherry
Punjab and Hariyana - Chandigarh
Guwahati - Assam, Nagaland, Mizoram and Arunachal Pradesh
12. Jurisdiction and power of SC
Constitution gives HC jurisdiction over revenue matter (Was not given before pre constitution era)
Jurisdiction of HC are to be same as immediately before the commencement of constitution
Original jurisdiction
(a) Matter of Admiralty, will, marriage, divorce, company law and contempt of court
(b) Dispute related to election of MP/MLA
(c) Revenue matter
(d) Enforcement of FR
(e) Involving interpretation of constitution
(f) Four HC have original jurisdiction in cases of higher value (Delhi, Bombay, Kolkata, Madras)
[before 1973 original criminal jurisdiction but abolished]
Writ jurisdiction
A.226 Enforcement of fundamental rights + other purpose (enforcement of legal right) (Chandr
kumar case Basic structure)
Appellate jurisdiction
 Appeal against subordinate court, in both civil and criminal matters, Culcutta & Bombay & Madras
HC system of intra appeal
In case involving question of law (and not question of fact)
Tribunals are subject to writ jurisdiction of HC
Death sentence should be confirmed before executed
Supervisory jurisdiction
Over all court and tribunal functioning in its territory (Except military courts or tribunals) +
Administrative control

A court of record
Judgement proceedings and act of HC can not be questioned when produced before subordinate
court and act as legal reference
Punish for contempt of court (Not defined by constitution) civil + criminal (Fair and reasonable
criticism and comment on admin side allowed)
Power of review of own judgement is not specifically given by HC but still can (Given to SC)

Power of judicial review

examine constitutionality of executive & legislative power of both center and state (A.13 & A.226
explicitly gave power)
[42nd amendment curtail power of judicial review of HC but restored by 43rd amendment of 1977]

Subordinate Courts
Author: Abhishek D

1. A.233 - A.237 part 6

2. Appointment of District judge [does not include tribunal judges]
Made by governor in consultation with HC
Qualification
Should not be in service of state or center
Should have been advocate or a pleader for 7 years
recommended by HC for appointment
3. Appointment of other judges
Made by governor in consultation with HC and state public service commission
Note - The control over district courts including promotion and leave of persons belonging to the
judicial service of a state and holding any post inferior to the post of district judge is vested in the
high court
4. Interpretation
District judge includes judge of city civil court, additional district judge, joint district judge,
assistant district judge, chief judge of small cause court, chief presidency magistrate, sessions
judge, additional session judge and assistant session judge
5. Structure and jurisdiction
District judge (when he deals with civil cases) or Session judge, can also give capital
punishment

Court of subordinate judges (Civil cases) - unlimited pecuniary jurisdiction over civil suit
 Chief judicial magistrate (Criminal cases) - imprisonment upto 7 years

Munsiff's court (Civil side)

Judicial magistrate court (Criminal) - upto three years
6. National legal service authority
1987 legal service authority act, to monitor and evaluate implementation of legal aid programme
and to lay down policies and principles for making legal service available
Provides free legal service to people and conduct Lok Adalat, to organise legal awareness camps in
rural area
7. Lok Adalats
Cases pending before court or at pre litigation state are compramised in amicable manner
Based on Gandhian principle, Component of ADR,
Statutory status - First in Gujrat 1982, given statutory status under Legal services authority act
1987
member - Serving or retired judicial officer, other persons of area [generally judicial officer, lawyer
and social worker]
Jurisdiction - Matrimonial/Family dispute, compoundable offence cases, compensation cases, bank
recovery cases, pension, housing finance, consumer grievances, electricity matters, telephone bill
disputes, Dispute with cellular companies, Municipal matters including house tax cases
Same power of civil courts
All proceeding deem to judicial proceeding
LokAdalat deemed to be civil court for the purpose of CRPC
Award made final and binding on all parties (No appeal )
No strict application of procedure law
Permanent Lok Adalat - amended in 2002 to provide establishment of permanent Lok Adalat
with cases pertaining to public utility service , Chairperson District judge or above + two member
with knowledge in public utilities, upto 10 lakh, In case party fail to reach agreement the permanent
lok adalat shall decide dispute on merit, binding verdict
8. Family Court
Family court act 1984, for speedy settlements of disputes relating to marriage and family affairs
law commission 59 th report 1974
Obligatory for state to set up Family court in the town with population exceeding 1 M
Parties in dispute before a family court shall not be entitled as right to represented by legal
practitioner
Simplifies rule of evidences and procedure
Right to appeal to HC
9. Gram Nyayalayas
Gram Nyayalayas act 2008 purpose to provide access to justice at door step
Law commission report 114
Court of Judicial magistrate of first class and its presiding officer
Shall be established for every panchayat at intermediate level or group of contiguous
Mobile court (Civil + Criminal)
Shall follow summary procedure
Shall be guided by principle of natural justice
Appeal to Session/District court (Heard and dispose within 6 month)
Gram Nyayalay shall not bound by rules of evidences provided by Indian evidences act 1872
Special provision for some states
Author: Abhishek D

1. A.371 to A.171 J part 21 (12 states)

2. Originally no provision, added by subsequent amendments
3. All north eastern state except Meghalaya and Tripura
4. provision for Maharashtra and Gujrat
Establishment of separate development board for Vidarbh, Marathwada, Saurashtr and Kutch and
rest of Gujarat
Equitable allocation of funds for development expenditure over above mentioned area
Equitable arrangements providing adequate facilities for technical education and vocational
training & adequate employment opportunities in state service
5. provision for Nagaland
Laws of parliament with respect to Naga customary laws and practices of naga, ownership and
transfer of land not applicable unless state legislative assembly decides
Governor has special responsibility wrt law and order (Ceases to operate when president directs)
Regional council for Tuensang district (Governor discretion and inclusion of minister in council)
MLA of Tuensang district are elected indirectly by regional council
6. provision for Assam & Manipur
Assam - President is empowered to provide creation of committee of the Assam legislative
assembly consisting of members elected from tribal area
Manipur - President is empowered to provide creation of committee of the Manipur legislative
assembly consisting of members elected from tribal area, center can give direction to state
government as to administration of Hill area
7. Provision for AP & Telangana
President is empowered to provide for equitable opportunities and facilities for people belonging
to different part in matter of public employment and education
A.371-E establishment of central university in Andhra
8. Provision for Sikkim
Legislative assembly not less than 30 members
1 seat in LS
Governor special responsibility of peace and equitable arrangements
President can extend any law with modification or restriction which is in force in a state of Indian
Union
9. Provision for Arunachal Pradesh
Governor special responsibility of law and order
Legislative assembly not less than 30 members
10. Provision for Mizoram
Legislative assembly not less than 40 members
Laws of parliament with respect to Mizo customary laws and practices of Mizo, ownership and
transfer of land not applicable unless state legislative assembly decides
11. Provision for Goa
Legislative assembly not less than 30 members
12. Provision for Karnataka
Separate development board for Hybderbad - Karnataka region
reservation of seat of student belonging to this area
 reservation of state government post for person belonging to this area

Special status of J&K

Author: Abhishek D

1. A.370 part 21
2. Instrument of accession signed on 26 October 1947, state only surrendered Defence, External affairs and
communication
3. A.370
Power of parliament to make laws for state limited to matter specified in instrument of accession,
matters notified by president concurrence with state government
A.1 & A.370 applicable to J&K
Other provisions of constitution can be applied to J&K with modification and exceptions specified
by president in consultation with state government
President can declare A.370 ceases to be operative, or operative with exception or modification
(Can be done by president only on the recommendation of constituent assembly of state)
4. Present relation between J&K and India
Constituent state of Indian union and placed under schedule 1
Name and boundary can not be changed without consent of state legislature
Part 6 does not apply to J&K
Preventive detention laws of union not applicable (Residuary power with state)
Proclamation of emergency can be made in J&K on internal disturbance ground also only with
approval of state, on the basis of war directly applicable
FR applicable with certain modification and exception
DPSP and FD not applicable
No power to declare financial emergency
Governor rule and president rule (President rule first time imposed in 1986)
Special leave jurisdiction of SC, jurisdiction of EC and CAG are applicable to state
International treaty affecting state only with concurrence of state
HC of J&K can issue writ only for enforcement of FR
5. Features of J&K constitution
J&K integral part of India
justice, liberty, equality and fraternity to people of state
DPSP of its own
vests executive power of state in governor appointed by president for term of five years (originally
elected, 1965 changed)
Established HC (Judges and CJ appointed by president in consultation with CJI and governor)
Governor rule (state government can not be carried in accordance with constitution of state, in
1964 president rule extended to J&K)
Sardar e Riyasat and Wajir e Alam redesignated as governor and CM in 1965
Urdu official language (Permit use of English)
can be amended if bill passed by each house majority of 2/3 rd of total membership (Bill must be
introduced in assembly only) [no bill in either house if it change the relationship of state with Union
of India]
Panchayati Raj
Author: Abhishek D

1. 73 rd constitutional amendment, 1992

2. Balawant Rai Mehta Commission
1957 appointed by government of India to examine community development programme and
national extension service
Establishment of three tier panchayti raj linked through indirect election
All planning and development activities should be entrusted to these bodies
DC chairperson of zila parishad
Recommendation accepted by NDC
Rajsthan first state to establish panchayti raj (Nagaur district)
3. Ashok Mehata committee
1977 on panchayati raj institution
Two tier system with ZP should be executive body and responsible for planning at district level
Official participation of all parties
power of taxation
Minister for panchayti raj
Seats for SC/ST should be reserved
Constitutional recognition should be accorded
4. G V K Rao committee
1985, to review existing administrative arrangement for rural development and poverty alleviation
programme (by planning commission)
ZP should be pivotal importance
Assign leading role to panchayti raj in local planning
Reduction in development role of DC
Dantwala commitee report on block development 1978 and hanumantha rao report on District
planning (collector should play significant role)
5. LM Sainghavi committee
1986, revitalisation of panchayti raj
Constitutional chapter
importance of gram sabha
6. Thungon committee
constitutionally recognized
three tier
ZP pivotal
fixed tenure of five year
reservation on the basis of population and also for woman
State finance commission
DC CEO of ZP
7. VN Gadgil committee (Basis of 73 rd amendment)
1988, basis for drafting amendment bill
constitutionally recognised
three tier
directly elected
fixed tenure of five year
reservation for SC/ST woman
 levy collect taxes
state finance commission
state election commission
8. 73 rd amendment act 1992
come into force on 24 April 1993
new part 9 to constitution (Previously A, B, C, D state)
A.243 to A.243-O
Salient features
Gram sabha - person registered as voter [Power and function decided by state]
Three tier system - for state below 20 L population may not constitute at intermediate level
Election of members and chairperson - direct election, chairperson at district and
intermediate level by indirect election (Gram panchayt as decided by state)
Reservation - for SC/ST in proportion to population (Including chairperson), (1/3 for woman
including chairperson) [In case of chairperson and BC manner provided by state legislature]
Duration - 5 years, can be dissolved (election in 6 months, shall only for reminder period)
Disqualification - any law made by state legislature or being in force for purpose of election
(21 years)
State election commission - to be appointed by governor
Power and function - state legislature endow, Eleventh schedule responsibility of panchayt
Finance - state legislature may authorized to levy and collect taxes, duties, tolls and fees,
Assign to panchayt taxes collected by state, grant in aid to panchayt
Finance Commission - after every 5 years by governor
President may direct that provision of this act shall apply to any UT subject to modification
and exception
Does not apply to Nagaland, J&K, Meghalaya, Mizoram
No election to any panchayat to be questioned except by an election petition presented to
such authority and in such manner as provided by the state legislature

Compulsory features
Gram sabha
three tier structure
direct election (indirect to chairperson at intermediate and district level)
21 year
Reservation for SC/ST in proportion to population (Including chairperson), (1/3 for woman
including chairperson) [In manner provided by state legislature]
tenure 5 years (6 month condition and remaining period condition)
state election commission
state finance commission

NOTE - Taxation power and representation of MLA and MP are voluntary provisions
9. PESA act 1996
Provisions of panchayat extension to schedule area of fifth schedule [AP, Telanagna, CG, GJ, JP,
Jharkhand, MP, Maharashtra, Odisha and Rajsthan]
Features
State legislation shall be in consonance with customary laws
Village shall consist of hamlet or group of hamlet comprising a community and managing affairs in
accordance with traditions and customs
Gram sabha (competent to safeguard culture, approve plans for socio economic development,
identification of beneficiaries under poverty alleviation programme)
 Gramsabha consulted before acquisition of land
All seat of chairperson at all level shall be reserve for schedule tribe
Recommendation of gram sabha mandatory for grant of prospecting licence of mining lease
Recommendation of gram sabha mandatory for grant of exploitation of minerals

Municipalities
Author: Abhishek D

1. Eight types of urban government

2. Ministry of urban development, MoHa and MoD
3. Historical perspective
1687-88 first municipal corporation madras
1726 Bombay and Calcutta
Lord mayo resolution 1870 on financial decentralisation
Lord Ripon resolution 1882 magna carta of local self government
Royal commission on decentralisation 1907 (Chairperson Hobhouse)
GOI act 1919 local government transferred subject
1924 cantonment act
GOI act 1935 local government provincial subject
4. 74 th amendment 1992
Part 9-A
A.243 to A.243-ZG
12 th schedule
Salient features
Type of municipalties
Nagar panchayat
Municipal council
Municipal corporation
Composition
directly elects [May give representation to special expertise, MLA, MP]
Ward committees
Consisting of one or more ward
Reservation
SC/ST in proportion to population, (1/3 for woman)
Duration
5 years, can be dissolved (election in 6 months, shall only for reminder period)
Disqualification - any law made by state legislature or being in force for purpose of election (21
years)
State election commission - to be appointed by governor
Power and function - state legislature endow, Twelfth schedule
Finance - state legislature may authorized to levy and collect taxes, duties, tolls and fees, Assign to
municipalities taxes collected by state, grant in aid to panchayt
Finance Commission - after every 5 years by governor
Does not apply to schedule and tribal area of state
5. District planning committee (Every state shall constitute at district level)
 to consolidate plans prepared by panchayt and municipalities
4/5 th members should be elected by elected members of panchayt and municipalities among
themselves
6. Metropolitan planning committee
Every metropolitan area should have
2/3 rd members should be elected by elected members of municipalities and chairperson of
panchayat in municipalities area among themselves
7. Types of urban government
Municipal corporation (Decided by state and Union government in case of UT)
The council, standing committee, commissioner
Mayor - ornamental figure and formal head, preside over meetings of council
Municipality
The council, standing committee, CEO
Council headed by president (Plays significant role, pivot to administration, executive power)
Notified area committee
Fast developing town, not yet fulfill all necessary condition to be municipality
Nominated body (neither elected nor statutory)
Town area committee
Semi municipal authority, by a separate act of state legislature
Cantonment board
Under provisions of cantonments act 2006
Under defence ministry
Partly elected, partly nominated
Military officer commanding station is ex officio president
Vice president elected by elected members
Executive officer appointed by president (Belongs to central cadre)
Township
by large public enterprise
Port trust
manage and protect trust
by an act of parliament
both elected and nominated members
Special purpose agency
Function based not area based
example pollution control board
Autonomous bodies
not subordinate to municipalities
8. Central council of local government
Set up under A.263 by an order of president
After 1958 deals with matters of urban government only
Minister of urban development as chairperson & minister of local governance of state as member

Union Territories
Author: Abhishek D

1. Creation
 1874 schedule districts
chief commissioner provinces
7 th constitutional amendment UT
Reasons
Political and administrative - Delhi, Chandigad
Cultural - Pducherry, Dadara and Nagar Haveli, Daman & Diu
Strategic - A&N, Lakshwadeep
Special treatment and care of backward and tribal people
2. Administration
A.239 - A.241
administered by president along with administer appointed by him (agent of president not head of
state )
Acquired territories govern by same provision of UT
Pondi (1963, any subject of state list) and Delhi (1969, except land, public order and police)
assembly [Though assembly is created, power to make laws in state list of Union remain
unaffected]

Delhi special provision (A.239AA)

Delhi election conducted by ECI
Strength of council 10 % of assembly (which is fixed as 70)
CM & Council of minister appointed by president (Pleasure of president)
Lt governor can promulgate ordinance (But not when assembly is dissolved or suspended, with
prior permission of president even withdrawal)
3. Advisory committee of UT
Home ministry nodal ministry
HMAC chaired by union home minister
AAC chaired by administrator
All UT without legislature have the forum of Home ministers advisory committee

Schedule and Tribal Areas

Author: Abhishek D

1. A.244 part 10
2. Fifth schedule deals with the schedule area and scheduled tribes in state
3. Sixth schedule deals with the schedule area and scheduled tribes in Assam, Meghalaya, Tripura, Mizoram
4. Administration of schedule area
Declaration of schedule area - president has power ( can also change area in consultation with
governor)
Executive power of state and center - Governor has special responsibility, center can give
direction to state
Tribes advisory council - Each state with schedule area has to establish, 20 member (ST MLA) [if
president directs other state also]
Law applicable to schedule area - Governor empower to modify or say that act of parliament or
state does not apply, he can make regulation for peace and good governance, regulation may
amend or repeal act of parliament (all such regulation requires president assent)
 President to appoint commission to report on schedule areas and the welfare of schedule tribes in
the state [UN Dhebar commission, Dilip Singh Bhuria commission]
5. Administration of tribal area
Tribal area in four state as autonomous districts (but do not fall outside authority of state)
Governor empowered to organize reorganize autonomous district
with several tribes governor can divide autonomous district in autonomous region
30 member in autonomous council (26 directly elected, 5 years) [Each autonomous region separate
council]
Autonomous council can make law (specific matters, assent of governor requires)
Can constitute village council or court for trial between tribes
Can make regulation of money lending and trading by non tribal (assent of governor requires)
Governor can appoint commission to examine and report on any matter relating to admin of
autonomous district
State/ parliament law may not apply or may be with modification (In case of Assam lies with
governor both in case of state and union law; In other three states lies with president for union law
and governor for state law)

Assam North Cachar hill

Karbi Anglong
6. Bodoland territorial area
Meghalaya Khasi hill
Jantia hill
Garo hill
Tripura Tripura tribal area district
Mizoram Chakma
Mara
Lai

Comptroller and Auditor General of India (CAG)

Author: Abhishek D

1. A.148
2. Head of Indian Audit and accounts department
3. Guardians of public purses and controls entire financial system of country (Both center and state)
4. CAG is appointed by president
5. Take oath before assuming office
6. Office for period of 6 years or upto age of 65
7. Can be removed by president on the same ground that of judges of SC
8. Not eligible for further appointment
9. Salary and condition of services are determined by parliament (Equal to judges of SC)
10. No minister can represent CAG in parliament and no minister can be called upon to take any
responsibility for any action done by him
11. Parliament to prescribe the duties and power of CAG in relation to account of Union, State and other
body
12. Submits audit report related to account of union to president and related to account of state to
governor
 13. Conduct audit on behalf of Parliament hence responsible only to parliament
14. Legal and regulatory audit is compulsory while proprietary audit is on discretion
15. In Britain executive can draw money from public exchequer only with approval of CAG
16. LIC, RBI, SBI conducts private audit and submit report to parliament

Attorney General of India and Advocate General of State

Author: Abhishek D

1. A.76 (Highest law office in the country)

2. Appointed by president (Must be person eligible to be judge of SC)
3. Hold office at pleasure of president (Conventionally resigns when council of ministers resign)
4. Receives remuneration as decided by president
5. He should not defend accused person in criminal cases without the permission of GOI
6. Not debarred from private practice (Does not fall under category of government servant)
7. Solicitor General and Additional Solicitor General assist Attorney General (Not constitutional office)
8. Advocate General of State
1. A.165 (Highest law office in the state)
2. Appointed by governor (Must be person eligible to be judge of HC)
3. Hold office at pleasure of governor (Conventionally resigns when council of ministers resign)
4. Receives remuneration as decided by governor
5. Not debarred from private practice

National Commission of SC/ST/OBC and Special officer for linguistic

minority
Author: Abhishek D

National Commission for SC

1. A.338 (Originally Special officer for SC & ST)

2. 65th Amendment act 1990 National Commission for SC and ST
3. 89 th constitutional amendment 2003 bifurcated commission
4. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service
determined by president)
5. Present annual report upon safeguards of SC to president (Can also submit report when it thinks
necessary, President place such report before parliament) [President also forwards such report to
governor, governor place it in front of state legislature]
6. Commission while investigating matters have all powers of civil court
7. State and central government require to consult commission on matter affecting SC
8. Commission has to investigate all matters relating to constitutional and legal safeguards for OBC
and Anglo Indians

National Commission for ST

1. A.338A
2. 1999 New ministry of Tribal affairs
3. 65th Amendment act 1990 National Commission for SC and ST
 4. 89 th constitutional amendment 2003 bifurcated commission
5. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service
determined by president)
6. Present annual report upon safeguards of ST to president (Can also submit report when it thinks
necessary, President place such report before parliament) [President also forwards such report to
governor, governor place it in front of state legislature]
7. In 2005 President specified function of commission as measures to be taken over conferring
ownership right in respect of minor forest produce to ST, rights of tribal communities over
minerals, rehabilitation of groups displaced by development projects, Measures to be taken to
reduce shifting cultivation, Measures to be taken for full implementation of PESA
8. Commission while investigating matters have all powers of civil court
9. State and central government require to consult commission on matter affecting ST

National Commission for OBC

1. A.338B (123rd constitutional amendment bill 2018 and 102nd amendment act)
2. Chairperson + Vice Chairperson + 3 other members appointed by president (Condition and service
determined by president)
3. vested with the responsibility of considering inclusions in and exclusions from the lists of
communities notified as backward
4. Present annual report upon safeguards of SEBC to president (Can also submit report when it thinks
necessary, President place such report before parliament) [President also forwards such report to
governor, governor place it in front of state legislature]
5. Commission while investigating matters have all powers of civil court
6. State and central government require to consult commission on matter affecting SEBC

Special Officer for Linguistic Minorities

1. State reorganization commission recommendation

2. Seventh Constitutional amendment of 1956 inserted A.350B
3. Appointed by president
4. Headquarter at Allahabad
5. Submit annual report to president through Union ministry of minority affairs
6. To investigate all matters related to safeguard provided for linguistic minorities

Finance Commission
Author: Abhishek D

1. A.280 (Quasi judicial body)

2. Constituted by president every five years or earlier at such time he considered necessary
3. Composition
Chairperson + 4 other members (Hold office for period specified by president and eligible for
reappointment)
Authorized parliament to determine qualification and manner in which they should be selected
Parliament specified
Chairman should have experience in public affairs
 Members can be Judges of HC or one qualified to be appointed, special knowledge in finance and
account, experience in financial matters and person with special knowledge of economics
4. Specifies measures needed to augment the CF of state to supplement the resources of Penchayat on the
basis of recommendation of state FC
5. Commission submits its report to president [He lays it before parliament] [Advisory and not binding]
6. Constitution envisage FC as Balancing wheel of fiscal federalism

Union Public Service Commission

Author: Abhishek D

1. A.315 - A.323 part 24

2. Composition
Chairperson and other appointed members (Strength decided by president)
9-11 members including chairperson
No qualification mentioned (Except 1/2 members should be such person who have hold office for
10 years + either under union or state government)
President determine condition of service
Term - 6 years or 65 years (Can resign addressing resignation to president)
3. Removal
Insolvent/ paid employment outside office / in opinion of president unfit to continue
In case of misbehavior refer matter to SC (binding) [misbehavior is defined]
4. Independence
Condition of service can not be varied to disadvantages
Expenses charged on CFI
Chairperson not eligible for further employment under government
A member can be appointed as chairperson of UPSC or SPSC and not other appointment
Chairperson or members are not eligible to reappoint

[Note : SC held irregularities in consultation with UPSC regarding matter of service does not
invalidate decision of government ]
[Note : UPSC being constitutional body has edge over CVC]

5. Limitations
Reservation in favor of backward class
Group C&D posting
President can excludes post from purview of UPSC
President can make regulation specifying matters in which UPSC shall not be consulted [for at least
14 days should be laid before parliament]
6. State public service commission
1. A.315 - A.323 part 24
2. Composition
Chairperson and other appointed members (By governor)
No qualification mentioned (Except 1/2 members should be such person who have hold
office for 10 years + either under union or state government)
Governor determines condition of service
 Term - 6 years or 62 years (Can resign addressing resignation to governor)
3. Removal (by president)
Insolvent/ paid employment outside office / in opinion of president unfit to continue
In case of misbehavior refer matter to SC (binding)
4. Independence
Condition of service can not be varied to disadvantages (determined by governor)
Expenses charged on consolidated fund of state
Chairperson not eligible for further employment under government (except UPSC or
chairman of any other SPSC)
A member can be appointed at UPSC or chairperson of SPSC and not other
appointment
Not eligible to reappoint
5. Limitations
Reservation in favor of backward class
Governor can excludes post from purview of SPSC
Governor can make regulation specifying matters in which SPSC shall not be consulted
[for at least 14 days should be laid before state legislature]
NOTE - JPSC is statutory not constitutional
NOTE - Additional function can be conferred to SPSC by state legislature (By act of parliament)

Election Commission
Author: Abhishek D

1. A.324 of constitution
2. Composition
Chief election commissioner + other election commissioner (president may fix time to time)
Appointment by president
President may appoint regional commissioner (after consultation with EC)
Conditions of service and tenure of office of election commissioner shall be determined by
president
Chief election commissioner and other election commissioner have equal power, & receives salaries
and allowances which is similar to those of SC judges
They hold office for 6 years or until 65 years age
3. Independence
CEC Can not be removed except in same manner and ground that of judges of SC
CEC Service condition can not be varied to his disadvantage
Regional commissioner or other EC can not be removed except on the recommendation of chief
election commissioner
Flaws
Constitution has not prescribed qualification & term
Constitution has not debarred the retiring election commissioner from further appointment by
government
4. Power and functions
Determine territorial area of constituencies
Prepare and revise electoral rolls periodically
 Notify date and schedule of election
Grant recognition of political parties and symbol
inquiring dispute related to election
Determine code of conduct
Advice president regarding disqualification of member
supervise machinery of election for free and fair election
Grant status of national or state party
Act as court for settling dispute between parties related to recognition and symbol
ECI ensures inner party democracy & settles dispute between splinter group of recognized party
5. State election commission
Independent of ECI
State Election Commission consisting of a State Election Commissioner to be appointed by the
Governor. (Condition of service determined by governor)

Can not be removed except in same manner and ground that of judges of HC (By president)

Lokpal and Lokayuktas

Author: Abhishek D

1. Sweden first country while New Zealand first commonwealth country

2. first ARC recommended
3. Lokpal and Lokayuktas act 2013

Jurisdiction of lokpal includes PM, minister, MP and group ABCD officers

Chairperson + maximum 8 members (50% judicial)
50% from SC/ST/OBC/Women and minorities
Term is 5 yrs or till age of 70. After ceasing to hold office member and chairperson shall not be eligible
to hold any post under any government in India.

The salary, allowances and other conditions of service - of chairperson are equivalent to Chief
Justice of India and members is equivalent to Judge of Supreme Court.

Appointment
The members are to be appointed by President on the recommendations of a selection committee
Selection committee - PM + Speaker of LS + leader of opposition in LS + CJI + eminent jurist
appointed by president on recommendation of first four
Search committee will assist selection committee (50% from SC/ST/OBC/Women and minorities )

attachment and confiscation of property

lays down clear timeliness
Criticism
Can not suo motu proceed against public servant
Heavy punishment for false complain
Anonymous complain not allowed
Limitation period of 7 years to file complaint
Non transparent procedure dealing with cases related to PM
 Removal
100 Mp resolution to SC in case of misbehavior, then president can remove
Other cases like insolvency, infirmity of Mind, president can remove

Lokayukt

Appointed by governor (In most of the state CJ of HC and leader of opposition consulted )
Lokayukt first established in Maharashtra (Although Odisha had passed act first)

Central Bureau of investigation

Author: Abhishek D

1. Resolution of MoHa, now ministry of personnel, recommended by Sanathanam committee

2. Not a statutory body derives power from Delhi Special police establishment
3. Industry, Impartiality and integrity
4. Organisation

Anti corruption division

Economic offence division
Special crimes divisions
Policy and International police Co operation division
Administration Division
Directorate of prosecution
Central forensic science laboratory

5. Composition

Director of CBI provided with 2 years security by CVC 2003

By lokpal act committee for appointment of director (PM + CJI + Leader of opposition in LS) [2014
amendment in case of no opposition leader, leader of largest opposition party]

6. Functions of CBI

cases of corruption and misconduct

cases of public importance
maintaining crime statistics
national central bureau of interpol in India

7. Section 6 A of DPSE act strike down by SC violation of A.14 (prior permission before conducting inquiry)
8. Concurrent power of investigation of offence under DSPE act
9. CBI academy at Gaziabad

Central information commission

Author: Abhishek D

1. Under provision of RTI act 2005

2. Composition

Chief information commissioner + not more than 10 information commissioner (by now 8)
President on recommendation of committee (PM, Leader of opposition in LS, Union cabinet minister)
Should not be MP/MLA/ office of profit or connected with political party / business

3. Tenure and service consition

5 years or 65 age (not eligible for reappointment )

Removal (by president)
insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted, proved
misbehavior or incapacity (in this case refer to SC), financial interest
Salary and allowances similar to Election commissioner (CIC with CEC) of India (can not be varied to
disadvantages)

4. Power and functions (Quasi judicial)

Receive and inquire into complain from any person

(a) unable to submit because of non appointment of PIO
(b) refused information
(c) not received response within time
(d) fees charged are unreasonable
(e) information misleading/false/partial
(f) any matter relating to obtaining information
(g) Can impose penalty under this act
Can order inquiry (Suo moto)

5. State information commission

1. Under provision of RTI act 2005

2. Composition

Chief information commissioner + not more than 10 information commissioner

Governor on recommendation of committee
Should not be MP/MLA/ office of profit or connected with political party / business

3. Tenure and service consition

5 years or 65 age (not eligible for reappointment )

Removal (by governor)
insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted,
proved misbehaviour or incapacity (in this case refer to SC), financial interest
Salary and allowances similar to chief secretary (CIC with state CEC) (can not be varied to
disadvantages)

4. Power and functions (Quasi judicial)

Receive and inquire into complain from any person

(a) unable to submit because of non appointment of PIO
(b) refused information
(c) not received response within time
(d) fees charged are unreasonable
 (e) information misleading/false/partial
(f) any matter relating to obtaining information
(g) Can impose penalty under this act
Can order inquiry (Suo moto)

Central vigilance commission

Author: Abhishek D

1. Main agency for preventing corruption , 2003 statutory body

2. 1964 executive resolution
3. Recommended by Santhanam committee on preventing corruption
4. Only designated agency to take action against motivated complain
5. Composition

Central vigilance commissioner + not more than 2 vigilance commissioner

Appointed by president by recommendation of committee (Prime Minister (Chairperson), the Minister
of home affairs (Member) and the Leader of the Opposition in the House of the People.)
Tenure - 4 years or 65 age
Not eligible for further appointment
Removal (by president)
insolvent, employment outside office, infirmity of mind or body, unsound mind, convicted, proved
misbehavior or incapacity (in this case refer to SC), financial interest
Salary and allowances same as that of UPSC can not be varied to disadvantages
Organisation
Secretariat, chief technical examiner wing, commissioner for departmental inquiries

6. Functions

investigation to be conducted on reference of central government (corruption cases)

Exercise superintendence over CBI insofar it relates to offence under PCA 1988
tender advice to central government
In appointment of ED
In appointment of SP+ level post except Director in CBI (CVC + 2 VC + Secretory of DOPT & MoHa)
CVC has to present annually report of performance to president (President place report before both
the houses)

7. Quasi judicial
8. Whistle blower act 2011

Mechanism for protecting identity of whistle blower

System to encourage people to disclose information about corruption (to CVC)
2 years prison and fine upto 3 k for false complaints
no action if identity is incorrect or not found
Information related to national security kept out of act
National Human rights commission
Author: Abhishek D (Errors should be rectified)

1. Statutory quasi judicial body (Protection of human rights act 1993)

2. Composition

Chairperson (retired CJI) + 4 (serving or retired SC judges/ serving or retired CJ of HC and two having
knowledge wrt human rights) [appointed by president recommended by six member committee (PM,
Speaker of LS, Deputy Chairperson of RS, leader of oppossition of both the houses, Home minister)]
4 ex officio (Chairperson national commission of minority/sc/st/women)
Term - 5 years or 70 age
Not eligible for further employment under government
Removal (by president)
insolvent, employment outside office, infirmity of mind or body, unsound mind, sentenced to
imprisonment, proved misbehavior or incapacity (in this case refer to SC, binding)

3. Function of commission

inquire into violation of HR by public servant (Suo Motu or order of court)

visit jail and detention places to study leaving condition
review constitutional or legal safeguard & recommend measures for effective implementation
study treaties and international instruments of HR
promote research in HR
spread human rights literacy
Encourage efforts of NGO working in HR domain

4. Not empower to inquire matter into any matter after expiry of 1 year
5. Recommendatory in nature (No power to punish or award relief) [Not binding on government but has to
inform about action within a month]
6. Act also provides establishment of HR courts can be set up by state government in concurrence with the
CJ of HC
7. limited role wrt violation done by armed forces
8. Amendment 2006 state Clarifying absence of member in selection committee for selection of member of
chairperson of NHRC or SHRC will not vitiate decision
9. State human right commission

1. Statutory quasi judicial body (Protection of human rights act)

2. Can inquire only related state and concurrent list (If such case is inquired by NHRC or any other
statutory commission then can not inquire)
3. Composition
Chairperson (retired CJ HC) + 2 (serving or retired judge of HC/district judges) [appointed
by governor recommended by committee (CM, Leader of oppossition in assembly, Speaker
of assembly and Home minister of state)]
4 ex officio (Chairperson national commission of minority/sc/st/women)
Term - 5 years or 70 age
Not eligible for further employment under government
Removal (by president)
 insolvent, employment outside office, infirmity of mind or body, unsound mind, sentenced
to imprisonment, proved misbehavior or incapacity (in this case refer to SC)
4. Function of commission
inquire into violation of HR
visit jail and detention places to study leaving condition
review constitutional or legal safeguard & recommend measures for effective
implementation
study treaties and international instruments of HR
promote research in HR
spread human rights literacy
Encourage efforts of NGO working in HR domain
5. Not empower to inquire matter into ant matter expire of 1 year
6. Recommendatory in nature
7. Act also recommended establishment of human rights court at every district (Court can be set
up only with concurrence of CJ of HC)

NITI Aayog
Author: Abhishek D

1. provides relevant technical advice

2. Executive body
3. Collaborative than confrontationist, bottom up approach
4. Composition

Chairperson - PM
Governing council - CM
Regional council - Chaired by chairperson of Niti Ayog or his nominee
Special invitees - nominated by PM
Vice chairperson - enjoys rank of cabinet minister
Full time member - enjoys rank of minister of state
Part time member max 2
Ex officio - max 4 (ministers)
CEO
secretariat

[Note : National institute of labor economics research and development is subordinate office of NITI
Ayog (Campus at Narela) (Narela is developing urban and institutional hub declared as special
economic zone for knowledge in NCR)]

5. Guiding principles
Antyodaya
Inclusion
Village
Demographic dividend
 Peoples participation
Governance
Sustainability
Seven pillars of governance
Pro people agenda that will fulfil aspiration of society
Pro active in anticipating and responding citizen's need
Participative
Inclusion of all special attention to SC/ST/OBC/Minority
Equality of opportunity
Transparency through the use of technology
6. NDC

PM + All Union Cabinet Ministers + CM of all states + CM/Administrator of all UT + Members of

planning commission
Approval of plan - Union Cabinet -> NDC -> parliament
Highest body after parliament
Advisory body to planning commission

Rights and liabilities of government

Author: Abhishek D

1. A.294 - A.300 part 12 deals with property, contract, rights, liabilities, obligation and suits of government
2. Property of Union and state
Succession - umion or corresponding state
Escheat, lapse and bona vacantia - union or corresponding state
Sea wealth - Union
compulsory acquisition by law - union as well state
acquisition under executive power - union as well state
Suits by or against government - suiable for contracts not torts [Kasturilal case reaffirmed, Nagendr
rao case SC critisised doctorine of sovereign immunity, prisoners murder case SC ruled that
kasurilal case has paled into insignificance and no longer binding value ]
Constitution do not give any immunity to minister but not legally liable as well

Flag code of India

Author: Abhishek D

1. Governed by provisions of Emblems and Names act 1950, Flag code of India 2002
2. Part I General description

Equal width of row & 3:2, Ashok chakra screen printed/printed/stencilled/embroidered

Made up of hand spun & hand woven wool/cotton/silk/khadi bunting
150*100 table; 225*150 car; 450*300 VVIP flight
3. Part II Use of national flag by member of public/private organisation

Section I
2.1 no restriction on display except
Not used for commercial purpose
Dipped in salute to any person/thing
Shall not flown half mast
Shall not be used drapery
Shall not be used as portion of costume
Lettering shall not put on flag
Shall not be used for receiving or delivering Exception flower petals
Shall not be used for covering statue/ speaker desk
Shall not intentionally allowed to touch ground/ trail in water
Shall not draped over hood
Shall not be used for covering building
2.2 public/private organisation may host all day
Flag should occupy honour and distinctly placed
Damaged flag should not be displayed
Should not be flown from single masthead simultaneously with other flag
Should not be flown on any Vehicle
Should be flown on speaker right
No flag /emblem above the flag
Not for decoration
Flag made by paper may be waved on occasion of important event. Should be disposed in
private consistent with dignity of flag (burning or burying)
Flown from sunrise to sunset irrespective of weather condition
Section 2
Assemble from three side of flag & flag staff at centre of fourth side

4. Part III hosting by central or state government

Middle front of bonnet / front right of car

Flag shall not be used in any for of advertisement
When displaying with flag other countries, Flag should be on extreme right
National flag should be hoisted first and lowered last
International usage forbid display of one nations flag above another in time of peace
Separate mast heads for different flag
Half masting (Not in case of national day except in building concerned exception foreign mission)
Flag shall be hoisted to peak and then lowered and before lowering again raised

President, VP, PM Throughout India

Speaker, CJI Delhi
Cabinet minister Delhi & capital state
Minister of state / union Delhi
Governor /LG/CM Throughout state /UT
Cabinet minister in state Capital of concerned state
Miscellaneous
Author: Abhishek D

1. In 1984 election TDP emerged as largest opposition party

2. Positive liberty is the possession of the capacity to act upon one's free will, as opposed to negative
liberty, which is freedom from external restraint on one's actions.
3. The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not
dead totally but overshadowed by the fundamental right.
4. Recognized party (Unrecognized) - Only 1 proposer + 40 star campaigner (20)
5. National party - 6% votes polled in any four state and 4 loksabha seat or 2% seat from any three state
or state party in 4 states [BJP, INC, BSP, CPI, CPM, NCP, AITC]
6. State party - 6% votes polled in any election of state legislature and 2 seat or 6% votes polled in
Loksabha election and 1 lokasabha seat or 3 seats or 3% seats in LS election or 8% votes in state or LS
election
7. A.323B empowers parliament to establish a tribunal for the adjudication of election dispute (Also
provides exclusion of all courts except by special leave appeal of SC but this provision is declared
unconstitutional and hence appeal to tribunal lies to HC)
8. Political campaign last for at least two week after drawing list of candidate (Ends before 48 hours)
9. Election petition are tried by the HC of state involved
10. 1989 provision was made to facilitate use of EVM, EVM first used in 1998 first time in select
constituencies of Rajasthan, MP and Delhi, and in entire state of Goa in 1999
11. Proxy voting first opted in 2003
12. Braille Signage introduced in AP in 2004 (2009 in general election)
13. Law for using VVPAT amended in 2013
14. 2015 order photo of candidate and party symbol on EVM
15. 91 st amendment omitted provision of protection under anti defection law in case of split
16. Protection under defection - Merger of party (merger takes place when 2/3 rd member agrees)
17. National Integration Council - 1961, PM (Chairperson) + Home minister + All CM + Leaders of political
parties + Chairperson of UGC + two educationalist + Commissioner of SC ST and 7 nominated
members
18. National commission to review the working of the constitution - MN Venkatchaliah, 2002
19. Both state and parliament can make provision related to preparation of electoral rolls
20. A member elected in a bye-election remains member for the remainder of the term of the member who
had resigned or died or disqualified to be member of the House under the Tenth Schedule
21. Co operative Societies

97th Constitutional Amendment act 2011

Gave Constitutional Status and protection to cooperative societies
Right to form cooperative societies as fundamental right
DPSP 43-B promotion of fundamental right
It added new part to 9-B (A.243 ZH to 243 - ZT)
State legislature regulation for cooperative societies
Maximum number of directors of co operative societies shall not exceed 21 (decided by state
legislature) [State legislature shall provide reservation of one seat for SC/ST and two for
women for cooperative societies having such members]
Term of office of elected members and office bearers shall be 5 years
At max two co opted members [no right to vote]
Superintendence of election of co operative societies vest with body provided by state
legislature
 No board shall be kept suspended for more than 6 month [Suspension only for societies
having government shareholding or financial assistance]

22. Official Language

In 1955 as provided in constitution president appointed official language commission

(Chairperson BH Kher) [However though constitution provided commission after 10 years, no
commission was appointed]

Official language act 1963 - Provided for continuation of English as official language with Hindi
for indefinite period

On demand of people president can direct to recognize such language as official language of
state
SC language English
HC language in case of judgement and orders English [Governor with consent of president can
authorized use of any other language for proceedings in HC (Untill parliament provides)]
Official language act extend any other language in case of order and judgement of HC
[Governor can extend with consent of president] [English translation compulsory]
Every state and local authority shall provide adequate facilities for instruction in mother tongue
at primary level to linguistic minorities [7th constitutional amendment 1956]
Sindhi added by constitutional amendment of 1967
Kokani Manipuri and Nepali by 71st amendment of 1992
Bodo, Dongri, Maithili and Santhali by 92nd amendment of 2003
Tamil, Sankrit, Telagu, Kannada, Malyalam and Odia are Classical language

Official language act 1965 provided committee of Parliament to review progress of Hindi - It
presents its report to president [Conventionally headed by Home minister]

23. Any disciplinary action against All India service can only be taken by Central government
24. Parliament or state can impose reasonable restriction on FR of public servant
25. Tribunals

Original constitutional did not had provision related to Tribunals

42 nd amendment added new part 14-A
Central administrative tribunal has original jurisdiction wrt matter related to service of public
servant (Statutory, act of 1985)
Chairperson of CAT appointed by CCA on the recommendation of selection committee headed
by judge of SC (Appointed by CJI)
Center can establish state administrative tribunal on the request of state
Chairperson of JAT is appointed by president after consultation with governor of states
Tribunals in other matter can be established by state or parliament (unlike administrative
tribunals) [A.323B as well hierarchy allowed]

26. 58 th amendment of 1987 make provisions related to authoritative text of constitution in Hindi (Adopted
constitution was in English language)
27. President has power to specify caste to be treated as SC ST in each state (Any inclusion or exclusion from
presidential notification only by parliament and not president)
28. Constitution has defined Anglo Indian term
29. 82nd amendment if 2000 provided for relaxation in marks and criteria in favor of SC/ST while taking
claim in consideration for post reserved for SC/ST
30. President can appoint a commission to investigate the condition of BC
31. Function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst
members of a society.

32. Function of a constitution is to specify who has the power to make decisions in a society.

33. Function of a constitution is to enable the government to fulfil the aspirations of a society and create
conditions for a just society.

34. Only one provision of the Constitution was passed without virtually any debate: the introduction of
universal suffrage
a list of rights mentioned and protected by the constitution is called the ‘bill of rights’

35. Inclusion of fundamental duties has not changed the status of our fundamental rights.

36. Sri Lanka - By amendment system of Executive Presidency was introduced, the President has the power
to remove the Prime Minister
37. Amendment that increased the age of retirement of High Court judges from 60 to 62 years (15th
amendment).
38. Classical liberalism always privileges rights of the individuals over demands of social justice and
community values
39. Indian Constitution does not see religion merely as a ‘private’ matter concerning the individual.
40. Freedom of religion in India means the freedom of religion of both individuals and communities.
41. Government can impose compulsory duty but not class based
42.
43. Sources of constitution
 44. Fundamental duties helps court to decide constitutionality of law (But not philosophy of constitution)
45. Parliament have exclusive rights in – Condition of resident in certain employment; Restricting FR to arm
force police force etc; Prescribing punishment for untouchability and A.23 (Trafficking and forced labor)
46. Interpellation - Formal right of parliament to ask question to government
Crossing the floor - Vote against party line/ Passing between the member addressing the House and
the Chair
Yielding the floor - The speaker can ask a member of the house to stop speaking and let another
member speak

47.

Apendix
Author: Abhishek D

1. A.366 contains definition of various terms

2. Precedence - President > VP > PM > Governor (in state) > Former president > Deputy PM > CJI and
Speaker of LS > Cabinet minister, CM, Former PM, Leader of opposition, Vice chairperson of NITI Ayog >
Bharat Ratna holder > CM & Governor outside state, Ambassadors > Judges of SC > Chair of
constitutional bodies
3. Oaths

What is in oath?
Defend constitution - President, governor
Devote to service and well being of people - President, governor
Upheld Constitution - Judges of SC/HC, CAG/ Auditor general,Information commissioner
Faith in constitution - VP, Minister, Candidate contesting election, MP/MLA, Judges of SC/HC,
CAG/Auditor general
Secrecy - Minister
Upheld sovereignty and integrity - Minister, Candidate contesting election, MP/MLA, Judges of
SC/HC, CAG/Auditor general,Information commissioner

Who gave oath ?

President - CJI
VP - President
Minister - President
Judges of SC - President
CAG/Auditor general - President
MP - President
Governor - CJ of High court
Judges of HC - Governor
MLA - Governor
Information commissioner - President

4. National commission of backward class - First chairperson Justice RN Prasad (1993)

5. MCC - Agreed by party in 1968 first effectively put to use by EC in 1991. Came into effect immediately
on the announcement of the schedule of election.
6. Neharu contested from Phulphur constituency
7. Subject

Union list
Major ports
Lotteries
Banking
Standards of weights and measures
Regulation of labour safety in mines and oil fields
Manufacture, supply and distribution of salt
Cultivation of Opium
Standards in institution of higher education
Income tax other than agriculture income
Organization of SC and HC
Regulation of mines and minerals development in public interest

State list
Officers and servants of HC
Regulation of mines and minerals development
Gas and gas work
Relief of agricultural indebtness
Betting and gambelling
Tax on agriculture income
Taxes on mineral rights
Tolls
Jurisdiction and power of all court except SC wrt to state list
Duties on Nasha
Co operative societies & fisheries come under state

Concurrent list
Bankruptcy and insolvency
Crpc/IPC/CPC
Preventive detention connected with state security, maintainance of public order and supplies of
essential services
Marriage and divorce
Nomadic/migratory tribes
Forest and wild life
Drugs and poison
Economic, social and family planning
Welfare of labour
Education
Legal, medical and other professionals
Infectious or contagious disease or pest
Registration of birth and deaths
Weights and measurements (Except standards)
Electricity

8. PM of India
 9. President of India

10. Vice president of India

11. Speaker of Lok Sabha
LIST OF IMPORTANT AMENDMENTS

1st Amendment (1951): Added Ninth Schedule. Some restriction on A.19

4th Amendment (1955): Authorized parliament to nationalized any trade

7th Amendment (1956): Re-organization of States (14 States, 6U.Ts)

9th Amendment (1961): transfer of certain territories to Pakistan [Berubari union case]

10th Amendment (1961): Incorporated Dadra and Nagar Haveli as a U.T.

12th Amendment (1962): Goa, Damn, Diu in Union

13th Amendment (1962): Created Nagaland as a State.

14th Amendment (1962): Inclusion of Pondicherry in the First Schedule.

15th Amendment (1963): Retirement age of HC judges to 62 from 60

18th Amendment (1966): Re-organized Punjab into Punjab, Haryana and the UT of Chandigarh [21 st
amendment Sindhi in 8th schedule]

19th Amendment (1966): Abolished system of election tribunal and gave power to HC
22nd Amendment (1969): Created Meghalaya as a Sub-State within Assam

24th Amendment (1971): Affirm parliament to amend any part of constitution and made it compulsory for
president to give ascent to constitutional amendment [Golakhnath case]

27th Amendment (1971): Established Manipur and Tripura as States and Mizoram and Arunachal
Pradesh as UTs.

31st Amendment (1973): The total strength of Lok Sabha was increased from 525 to 545 (on the basis of
Census 1971).

36th Amendment (1975): Established Sikkim as a State.

38th Amendment (1975): It seeks to make a declaration of emergency non-judicial; Different emergency
proclamation on different grounds simultaneously

39th Amendment (1975): Placed beyond judicial scrutiny, the election of president Prime Minister and
Chairman to either House of Parliament.

42nd Amendment (1976):

Socialist, Secular and integrity word in preamble
Fundamental duties
President bound to advice of president
Administrative tribunals
Froze seat of LS
Constitutional amendment beyond judicial review
Raise the tenure of LS and Assemblies to 6 years
Law made for DPSP can not be made violative of FR
Laws to deal with anti national activities will have precedence over FR [Removed by 43rd amendment of 1977]
New DPSP - equal justice and free legal aid, participation of workers in management,, protection of environment
and wild life
Proclaimation of emergency in any part of territory
Empower center to deploy arm forces in any state
Did away with requirement of quoram
Provided creation of all India judicial service

44th Amendment (1978):

Deletion of Right to Property from the Fundamental Rights;
Limiting the declaration of Emergency only to cases of Armed Rebellion;
The restoration of life of Lok Sabha and
State Assemblies to 5 years; Restored quorum;
Constitutional protection to newspapers for true report of proceedings;
Ommitted reference to British House of common wrt to privileges;
Empower president to send back advice of cabinet for reconsideration;
Deleted provision of statisfaction of president in issuing ordinance as final
Emergency only on written recommendation of cabinet
A.20 and A.21 cant be suspended in emergency
Restored power of SC (Including election of PM and President)
52nd Amendment (1985): Added Tenth Schedule which contains provisions as to disqualification on ground of
defection.

53rd Amendment (1986): Granted statehood to the UT of Mizoram.

55th Amendment (1986): Granted statehood to the UT of Arunachal Pradesh.

56th Amendment (1987): Goa was made a state.

61st Amendment (1989): Reduced the voting age from 21 to 18 years.

65th Amendment (1990): Commission for SC/ST

69th amendment (1991): Statehood to Delhi (As NCT)

70th amendment (1992): Inclusion of MLA of NCT and pondi in election of president

73rd Amendment (1992): Panchayati Raj Bill passed;

74th Amendment (1993): Municipalities bill passed

76th Amendment (1994): TN reservation bill in ninth schedule

77th Amendment (1995): Reservation in promotion

80th Amendment (2000): Deals with an alternative scheme for sharing taxes between the Union and the States.

81st Amendment (2000): Backlog vacancies

82nd Amendment (2000): Relaxation of criteria in exam or lowering standard for SC/ST

84th Amendment (2001): Extend ban on readjustment of LS seats (Internal readjustment on 1991 census)

85th Amendment (2001): Amended article 16(4A) to provide for consequential seniority

86th Amendment (2002): Right to education; DPSP - untill 6 years; Fundamental duty (6-14 years)

87th Amendment (2003): Internal readjustment on the basis of 2001 census

89th Amendment (2003): Bifurcation of national commission of SC and ST

91st Amendment (2003):

Total minister 15% of total strength of house;
Disqualified member disqualified for ministership;
Excemption from split in anti defection deleted

92nd Amendment (2003): This article provides for the inclusion of four new language viz. Bodo, Dogri, Maithili,
and Santhali in the Eighth Schedule of the Constitution.
93rd Amendment (2005): Reservation in admission to educational institutions, including private unaided
institutions.

97th Amendment (2011): DPSP and FR and part 9B regarding Co operative societies

98th Amendment (2012): Special provisions for Hyderbad Karnataka region

99th Amendment (2014): NJAC

100th Amendment (2015): Transfer of territories to Bangladesh

101st Constitutional amendment (2016): GST

102nd Constitution amendment (2018): NCBC

103nd Constitution amendment (2019): EWS reservation

Important Article of constitution

PART 1 – ART. 1 TO ART. 4
Article 1- Name and territory of the union.
Article 2 – Admission and Establishment of the new state.
Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.

PART 2 – ART. 5 TO ART. 11

Article 5 – Citizenship at the commencement of the constitution.
Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.
Article 10- continuance of rights of citizenship.
Article 11- Parliament to regulate the right of citizenship by law.

PART 3 – ART.12 TO ART.35

Article 12- Definition of the state
Article 13 Laws inconsistent with or in derogation of the fundamental rights.
Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights, one
Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It
made a legal right U/A 300-A in Part XII of the constitution.

Some important Fundamental Rights are as:

Right to Equality: Art. 14 to Art. 18

Article 14- Equality before the law.
Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of the untouchability.
Article 18- Abolition of titles

Right to Freedom: Art. 19 to art. 22

Art.19 guarantees to all the citizens the six rights
1. · (a) Right to freedom of speech and expression.
2. · (b) Right to assemble peacefully and without arms.
 3. · (c) Right to form associations or unions.
4. · (d) Right to move freely throughout the territory of India.
5. · (e) Right to reside and settle in any part of the territory of India.
6. · (f) Right to practice any profession or to carry on any 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: Art.23 & art. 24

Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories and mines. Under age of 14.

Right to Freedom of Religion: Art.25 to art. 28

Article 25- Freedom of conscience and free profession, practice and propagation of religion.
Article 26- Freedom to manage religious affairs.
Article 27- Freedom as to pay taxes for promotion of any particular religion.
Article 28- Freedom from attending religious instruction.

Cultural and Educational Rights: Art.29 & art. 30

Article 29- Protection of interest of minorities.
Article 30- Right of minorities to establish and administer educational institutions.
Article 32- Remedies for enforcement of Fundamental Rights.

PART.4 DIRECTIVE PRINCIPAL OF STATES POLICY: ART 36 TO ART. 51

Article 36- Definition
Article 37- Application of DPSP
Article 38- Social order for promotion of welfare of people (Reduction in inequality 44)
Article 39- Certain principle of policies to be followed by state
Article 39A- Equal justice and free legal aid (42)
Article 40- Organisation of village panchayat
Article 41- Right to work, to education, and to public assistance in certain cases
Article 43- Living Wages, etc. for Workers.
Article 43A- Participation of workers in management of industries. (42)
Article 43B- Promotion of cooperative societies. (97)
Article 44- Uniform civil code.( applicable in Goa only)
Article 45- Provision for free and compulsory education for children. (Below six years 86 th amendment )
Article 46- Promotion of educational and economic interest of scheduled castes, ST, and Other weaker
sections
Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public
health.
Article 48-Organisation of agriculture and animal husbandry.
Article 48A-Protection and improvement of environment (42)
Article 49- Protection of monuments and places and objects of natural importance.
Article 50- Separation of judiciary from the executive.
Article 51- Promotion of international peace and security.

FUNDAMENTAL DUTIES: PART IV-A- ART 51A

It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.

PART 5 – UNION ( 52-151)

Article 52- The President of India
 Article 53- Executive Power of the union.
Article 54- Election of President
Article 61- Procedure for Impeachment of the President.
Article 63- The Vice-president of India.
Article 64- The Vice-President to be ex-officio chairman the Council of States.
Article 66-Election of Vice-president.
Article 72-Pardoning powers of President.
Article 74- Council of Ministers to aid and advise the President.
Article 75- Collective responsibility and pleasure of president
Article 76- Attorney-General for India.
Article 77 - Conduct of business of government of India
Article 79- Constitution of Parliament
Article 80- Composition of Rajya Sabha.
Article 81- Composition of Lok Sabha.
Article 83- Duration of Houses of Parliament.
Article 87 - Special address by president
Article 93- The speakers and Deputy speakers of the house of the people.
Article 102 - Disqualification of membership
Article 105- Powers, Privileges, etc of the House of Parliament.
Article 109- Special procedure in respect of money bills
Article 110- Definition of “Money Bills”.
Article 112- Annual Financial Budget.
Article 114-Appropriation Bills.
Article 116- Vote on account
Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
Article 124- Establishment of Supreme Court. [Appointment removal in same]
Article 125- Salaries of Judges.
Article 126- Appointment of acting Chief justice.
Article 127- Appointment of ad-hoc judges.
Article 128-Attendance of a retired judge at sitting of the Supreme Court.
Article 129- Supreme court to be a court of Record.
Article 130- Seat of the Supreme court.
Article 136- Special leaves for appeal to the Supreme Court.
Article 137- Review of judgement or orders by the Supreme court. []
Article 141-Decision of the Supreme Court binding on all the courts.
Article 142 - Enforcement of order
Article 148- Comptroller and Auditor- General of India
Article 149- Duties and Powers of CAG.

PART 6 – STATES ( 152-237)

[From article 72 to 111 trick of 89 after that 73-124 trick of 90 ]
Article 153- Governors of State
Article 154- Executive Powers of Governor.
Article 161- Pardoning powers of the Governor. (89)
Article 163 - Council of minister to aid and advice of governor(89)
Article 164 - Responsible government
Article 165- Advocate-General of the State.
Article 213- Power of Governor to promulgate ordinances.
Article 214- High Courts for states.
Article 215- High Courts to be a court of record.
 Article 226- Power of High Courts to issue certain writs.
Article 233- Appointment of District judges.
Article 235- Control over Sub-ordinate Courts.

PART 7 – 238 – REPEALED

PART 8 – 239-242 – UNION TERRITORIES
PART 9 – 243-243 O – PANCHAYATS
Article 243A- Gram Sabha
Article 243B- Constitution of Panchayats

PART 9A – 243 P-243 ZG – MUNICIPALITIES

PART 10: SCHEDULED AND TRIBAL AREAS -244
PART 11: CENTER- STATE RELATIONS 245 – 263 (Inter state council A.263; A.262 Inter state river dispute)
PART 12: FINANCE, PROPERTY, CONTRACTS AND SUITS (264 – 300A)
Article 266- Consolidated Fund and Public Accounts Fund
Article 267- Contingency Fund of India
Article 280- Finance Commission
Article 300-A- Right to property.

PART 13: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORIES OF INDIA (301-307)
Article 301-Freedom to trade, commerce, and intercourse.
Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

PART 14 : SERVICES UNDER CENTER AND STATE (308-323)

Article 312- All- India-Service.
Article 315- Public service commissions for the union and for the states
Article 320- Functions of Public Service Commission.

PART 14A: TRIBUNALS (323 A – 323 B)

Article 323A- Administrative Tribunals

PART 15 : ELECTIONS (324 – 329)

Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll
on grounds of religion, race, caste, or sex.
Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the
basis of adult suffrage.

PART 16: SPECIAL PROVISIONS TO SC, ST, OBC, MINORITIES ETC (330 -342)
Article 338- National Commission for the SC, & ST. [A,B,C]
Article 340- Appointment of a commission to investigate the conditions of backward classes.

PART 17: OFFICIAL LANGUAGE (343- 351)

Article 343- Official languages of the Union.
Article 345- Official languages or languages of states.
Article 348- Languages to be used in the Supreme Court and in the High Courts.
Article 350B-Special officer for linguistic minorities
Article 351-Directive for development of the Hindi languages.

PART 18: EMERGENCY (352-360)

Article 352- Proclamation of emergency ( National Emergency).
Article 356- State Emergency (President’s Rule)
 Article 360- Financial Emergency

PART 19: MISCELLANEOUS (361-367)

Article 361- Protection of President and Governors

PART 20: AMENDMENT OF CONSTITUTION (368)

Article 368- Powers of Parliaments to amend the constitution.

PART 21 : SPECIAL, TRANSITIONAL AND TEMPORARY PROVISIONS (369 – 392)

Article 370 – Special provision of J&K.
Article 371A – Special provision with respect to the State of Nagaland
Article 371-J: Special Status for Hyderabad-Karnataka region

PART 22: SHORT TEXT, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (392 – 395)
Article 393 – Short title – This Constitution may be called the Constitution of India.