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Magna Carta Prelims 2024
L3: Legal History

Crown authorised
Crown supervised Crown Rule Independent Dominion Sovereign Republic
Company Rule
1757 - Plassey Nov 1858 15 Aug 1947 26 Jan 1950
31 Dec 1600
# Context [UK --> Full Monarchy --> Parliamentary Monarchy]
Constitution of India Act, 1950

+ Company Laws
Constituent structure of state - L E J
+ Crown Laws
Powers and Limitations of
+ Aspirational Documents Assembly state
+ International Inspirations
Rights and Responsibilities

Colonial Stakeholders
1. Crown/Monarch
2. British Parliament
3. British Ministers
4. Company HQ (London)
Evolution of India: Political
Princely British admin territories Undivided India +

Union of India
States + Princely states Princely States

# Institutional Evolution
L+E
Governor General + Governor General +
Governor General + Executive Council + Executive Council + Pres + LS/RS + CoM Pres + LS/RS + CoM
Executive Council Legislative Council Legislative Council Governor General +
Governor (General) + Constituent
Executive Council Assembly
Governor + Executive Governor + Ministers +
Governor + Executive Gov/Lt Gov Gov (states) + Lt Gov
Council + [Provincial Provincial Leg
Council Part A,B,C,D states (UTs)
Leg Assemblies + Assemblies
Ministers]
FULL RESPONSIBLE INDEP SOVEREIGN

DYARCHY
More accountability GOVT DOMINION REPUBLIC
More representation
More powers
Company Courts Crown Courts SC/HC etc

Controlling Battle of Structural
Entry of EEIC Crown Rule
powers of EEIC Plassey Reforms
1600 1726 1757 1773 1858
Calcutta
E+J powers to L+E+J powers to Diwani Rights of Queen’s
company company Bengal, Bihar, Proclamation
Orissa Bombay Madras
GG + 4 (EC)
SC - Calcutta - 1773

Indian Councils Indian Councils
GoI Act
Act Act
1861 1909 1919
GG GG
Morley-Minto reforms
+ Elections to
EC LC Central/State leg EC LC
councils
1/2 non-official + Separate electorate Diarchy at
members for Muslims at states provinces
+ limited franchise G
+ Qual for contestants
+ office of VP
EC
PLA+Min
Reserved
Transferred

Provinces
All India Federation
GoI Act, 1935 Princely States
GG
EC
# proposed ---> Dyarchy (centre) Bicameral Legislature +
Residuary
Ministers
GG
Federal List
EC LC Council of States Federal Assembly

Reserved Transferred Provinces - DIRECT Provinces - INDIRECT
Princely - nomination Princely - nomination
Concurrent List
Full Responsible Govt (Provinces)
Separate electorates expanded

Gov
Provincial List Jt electorates - W + DCs
Federal Court of India
PLA CoM Emergency provisions

Indian Independence Act, 1947 Constituent Assembly Cabinet Mission, 1946
Composition Structure
Constituent
Provinces Princely States BN Rau (Advisor)
Assembly
Indirect Consultation Drafting

Dr BR Ambedkar
elections by PLA basis Committee
Rules and Procedure

General Muslims Provinces Committee
Committee
Sikhs (Patel)
(Rajendra Prasad)
FR, Minorities, Tribals, Chief Commissioner
Excl Areas Committee Committee
(Iyer) (Sitaramayya)
L4 : Preamble, Rights, Directives, Principles

Comparative Overview
Criteria Preamble FRs (III) DPSPs(IV) FDs(IVA)
Inspiration Objectives Resolution - US Ireland, GoI Act, 1935 USSR

Nehru
Purpose Interpretation Aid Political Democracy Social Democracy Harmony
Anecdote Mind of the Makers 32 - Soul of the Fundamental to

Constitution Governance
Obligation None Negative on the State Positive on the State None
Legal No independent legal Enforceable by L*, E*, Enforceable by L*, E*, and Enforceable by L*, E*,
Status status and in J NOT in J and NOT in J
Amends CA u/a 368 w/o SR CA u/a 368 w/o SR CA u/a 368 w/o SR CA u/a 368 w/o SR
*If mandated/intended
Classifications
Criteria FR CR SR/LR
● International
○ UDHR = Preamble +
Amendment CA u/a 368 CA u/a 368 Simple Maj
FR + DPSP + FDs w/o SR w/o SR
○ Conv on Racial
Discrimination -
Ratified Violation SC/HC HC* HC*
○ ICCPR - Ratified
○ ICESCR - Ratified
○ CEDAW - Ratified
○ CAT - Signatory
○ CRC - Ratified DPSP Gandhian Socialist Liberal
○ Conv. on Disabilities - Intellectual
Ratified
Type Grassroot/ Equitable Rest of all
Conventional

Preamble
● People - Ultimate Source of Authority
● Date of Adoption and Enactment of the Constitution - 26 Nov 1949
● Amenability
○ Yes, Constitutional Amendment u/a 356 w/o State Ratification
○ 42 CA, 1976 : Socialist, Secular, Unity & Integrity
● Basic Structure
○ Not as a whole, but the phrases mentioned are.
● Neither a source of power nor a source of limitation

Preamble - Key Terms
● Sovereign ● Justice (Social, Economic, Political)

○ Non Interference ○ Non Discrimination
● Socialist ○ Proportionate
○ State Intervention ○ Distributive
● Liberty (Thought, Expression, Faith,
● Secularism
Belief & Worship)
○ Freedom of Religion ○ Max development of oneself
○ State separation from Religion ○ No external restraints/interference
○ Not irreligious ● Equality (Status, Opportunity)
● Democratic ○ EBL
○ Reflection of public will ○ EPL
○ CoM collectively responsible to ● Fraternity (ensuring dignity)
Lower House ○ brotherhood
● Republic ● Unity & Integrity
○ Elected head of State ○ National Interest

FR - State & Supremacy
● Art 12 ● Art 13
○ ‘State’ - III and IV ○ No ‘law’ can violate Part III
○ Parliament & Union Executive ○ Pre Constitutional Laws not invalid
○ State Legislatures & State from the start
Executive ○ Post Constitutional Laws invalid ab
○ All local and other authorities initio
within the territory of India ○ Constitutional Amendments under Art
○ All local and other authorities 368 not ‘Law’
under the control of Union ○ Emergency Proclamations can also
Executive restrict FRs
● Judicial Function of higher judiciary
NOT ‘State’

Equality : 14 -18
● Art 14
○ Against State
○ For C + F
○ Self Executory
○ EBL
■ Immunities
■ UK
○ EPL
■ Like Alike, unlike not alike
■ US
○ Reasonable Classification
■ Rational Nexus
■ Intelligible Differentia
○ Strikes Arbitrariness

Equality : 14 -18
● Art 15 (1)(2) ● Art 16(1)
○ Against State ○ Against State
○ For Citizen ○ For Citizen
○ CRRSP ● Art 16(2)
● Art 15(3) ○ DR + CRRSP
○ For State ● Art 16(3)
○ Any provision Women & Child ○ Parliament - Law - Residence
● Art 15(4)[1 CA, 1951] requirement
○ For State ● Art 16(4)
○ Any provision for SEBC, SC, ST ○ For State
● Art 15(5) [93rd CA, 05]& 15(6) [103rd CA, ○ Any Provision - BC
2019] ● Art 16(4A) [77th CA, 1995], Art 16(4B)[81st
○ For State CA, 2000], Art 16(6) [103rd CA, 2019]
○ By Law for SEBC, SC, ST and any ○ For State
provision for EWS ○ Any Provision for SC ST and EWS
○ Public/Private/ Aided/Unaided ○ Consequential Seniority & Carry
Education except Religious & Forward for SC/ST
Linguistic Minorities Educational ● Art 16(5)
Institutions ○ Religious Denomination
● Art 335 - T&C
○ Efficiency of Admin
Equality : 14 -18
● Art 17 ● Art 18
○ Non Self Executory ○ Military & Academic Titles
○ Criminalisation of can given by State
Untouchability by Law ○ No other title can given by
○ Protection of Civil Rights Act,
1955 State
■ BoProof - Accused ○ Awards are not Titles
■ Ban on contesting ○ Citizens can’t accept foreign
elections for 6 years titles
○ Foreigners working for India
can’t accept foreign title
without President's consent
○ No one working for India can
accept any foreign gain
without President’s consent

Freedoms : 19

Life & Liberty : 21
● Art 21
○ Against State ● Inclusions -
○ For C+F ○ Livelihood
○ Procedure Established by Law ○ Shelter
○ Maneka Gandhi (1978) ○ Food
■ PEL to also include Procedural Due ○ Health & Medical Care
Process ○ Live with Dignity
● Procedural Fairness ○ Die with dignity
■ Principles of Natural Justice Implied ○ Right to Marry (only for hetersexuals)
● Rule Against Bias ○ Right to Privacy
● Rule For Fair Hearing ○ Legal Aid
■ Freedoms that fall under both Art 19 ○ Fair & Speedy Trial
and Art 21 : ○ Clean & Healthy Environment
● Reasonable Test of Art 19,
Requirements of Art 21,
Non-arbitrariness tes of Art 14
■ Freedoms that fall only within Art 21 :
● Requirements of Art 21,
Non-arbitrariness tes of Art 14

Criminal Justice Rights : 20 + 21
Criteria Arrest Preventive Detention
● Art 20 Type Post Offence Pre Offence

○ Against State
○ For C+F
○ Retrospective Right to Be Informed Yes Yes
Application of Criminal
Law
○ Double Jeopardy Right to Inform Yes Not Mentioned
○ Self Incrimination
For C+F C + F except enemy aliens
Legal Representation Yes No
Presented before Yes No

Magistrate within 24 Hours

Exploitation
● Art 23 ● 24
○ For C + F ○ For C + F
○ Non self executory ○ Non self executory
■ Immoral Trafficking Prevention Act ○ Children below 14 can’t work in dangerous
■ Bonded Labour Abolition Act places
○ Conscription - C2R2 ○ Child Labour Prevention Act
■ Below 14 can work in
● Family Enterprises
Criteria Consent Legality of Wages ● Entertainment Industry
of worker Work paid ■ 14 - 18 can work except
● Inflammable Substances
● Mines
Human No Illegal Yes ● Explosives
Trafficking ● 21 A
○ For State
○ For C+F
Forced No Legal Yes ○ Free* & Compulsory* Education
Labour ■ 6 - 14
○ Conditions as per Law
Begar Yes Legal No ■ RTE Act

Religion & Minority Rights
Criteria Art 25 Art 26 Art 27 Art 28 Art 29 Art 30
For C+F C+F C+F C+F C Minorities C
Right Conscience, Establish, No tax for No Religious Right to Religious/Lingu

Practice, Maintain religious instruction in conserve - istic Minorities
Profess, Institutions & promotion fully State language, can establish
Propagate Affairs, Acquire Funded script of culture educational
and Administer institutions No denial in institutions
Property State funded While granting
educational funds, the state
institutions on to not
CR2L discriminate

Writs : 32/226
Writ Function Locus Standi Remarks
● SC & HC can issue the same

Habeas Corpus Illegal Detention Relaxed No court fees
writs
● FR Violation : SC/HC Directly
● CR/LR Violation : HC Directly
Mandamus To enforce a Required No applicable
[226 - any other purpose]
statutory duty upon against L or E for
● HC can directly issue writs for a public servant, legislative
FR/CR/LR govt body, inferior functions
● Supreme Court Rules 2013, court
Order XXXVIII - Rules for
Petitions under Art 32 Certiorari Error of Relaxed Wrong
Jurisdiction/Error Court/Wrong
● Writs can’t be issued against
or Law Decision
Higher Judiciary
● Parliament can confer SC Prohibition Error of Jurisdiction Relaxed Wrong
Writ powers to another court Court/Decision
without adversely affecting Pending
the SC
Quo Warranto Ineligibility of Relaxed Person must hold
Public Office office

Basic Structure/Harmonious Construction
● Basic Structure
○ Based on the theory of implied powers
○ Principles identified by the SC can’t be violated
○ Applied to ordinary law as well as constitutional amendments
○ All provisions of the Constitution can be amended as long as basic principles are not
violated
○ Anything even in the IXth Schedule no matter when it was added can challenged as
long as it violates basic principles
○ Judicial Review can be restricted on reasonable grounds
● Evolution
○ Schedule IX inserted by 1st CA, 1950
■ Restricted the Courts to review any law contained in the IXth Schedule
■ Also added 19(2) as RR to 19(1)(a)
● Harmonious Construction
○ Art 39(b)(c) > Art 14,19 if those are the only objections

DPSP/FD Additions
● DPSPs ● FDs
● 42nd CA, 1976 ● 42nd CA, 1976
○ Healthy Development of ○ All FDs
Children [38(f) ● 86th CA, 2002
○ Equal Justice & Free Legal Aid ○ Child opportunities for 6-14
[39A]
○ Participation of workers in
management of industries
[43A]
○ Protection and improvement of
environment and safeguarding
of forests and wildlife [48A]
● 44th CA, 1978
○ Minimise inequalities [38(2)]
● 97th CA, 2011
○ Promotion of Cooperatives
[43B]
● 86th CA, 2002
○ Provision for early childhood
care and education to children
below the age of six years [45]
L4: Territory & Citizenship
1. Dimensions & Policy of Territory

2. Dimensions & Policy of Citizenship

Territory
Type/Extent External Internal
State/UTs
MP/MLA Constituency
LAND International/National/Domestic Districts/Subs/Blocks/Villages
Rural/Urban/Welfare/Security
LSG
Territorial (12nm)
Contiguous (24nm)
WATER Rivers/Water Bodies
EEZ (200nm)
High Seas
National Airspace
AIR
(Chicago Convention)

Policy Overview: Key Concepts
# Constitutional Layout: Part I # Key Concepts

1. All changes Schedule I
Art 1-4 2. Type of change Different procedure
3. Territorial change Other changes
Schedule
4. Territory Sovereignty

Law & Procedure
Part I ---> Sch I -->Sch IV (RS) External Changes
(a) undisputed territory
Art 1 Art 2 Art 3 Art 4
CA u/A 368 LS/RS Pres Yes
India/Bharat
Union of States
P Law Pres recc+ Territiorial & w/o SR
simple simple majority consequential
+States
changes
+UTs
+Future acquisition (b) any other else
Yes
Bill LS/RS Pres
No
Return

Citizenship
Dimensions & Key Concepts
Resident
Nationality Citizenship
Citizen
Non-resident
Residence Domicile
Friendly
Legal migrant Enemy
Non-citizen Refugee
Illegel migrant

Policy & Law Nodal ministry
MHA BOI
# Constitution
Citizenship Act, 1955 FRRO
Census FRO
Part II Entry 17
NPR
Art 5-11 Biometric
Digital
Art 5 As on 26 Jan
Art 6 Migrants from Pak to India
Art 7 India-Pak-India
Art 8 residing anywhere except PAK
Art 9 single citizenship
Art 10 superiority of Parl law

Policy & Law
Citizenship Act, 1955
BIRTH born + 1 parent citizen + other is not illegal migrant

Renunciation
DESCENT born outside India + 1 parent citizen
Termination
REGISTRATION PIOs + Marriage etc
NATURALISATION served govt - 11 years, good char, VIII sch language Deprivation
INCORPORATION territorial change

L6 : Legislatures

Parliament (79) State Legislatures (168)
President Governor**
Lok Sabha Rajya Sabha Legislative Assembly Legislative Council**
Speaker + Dy. Speaker Chair* (VP) + Dy. Chair Speaker + Dy. Speaker Chair + Dy. Chair
Constitution
Panel of Chairs Panel of Chairs Panel of Chairs Panel of Chairs
Rules of Procedure
Members Members Members Members
Conventions
Committees : Standing | Ad-hoc || Select | Joint Committees : Standing | Ad-hoc || Select | Joint
Sec Gen Sec Gen Sec Gen Sec Gen
LS Sectt RS Sectt LA Sectt LC Sectt
**DL, PY, J&K : Legislative Assemblies
*VP not a member ***only in BH, UP, KN, AP, TL, TN

Comparative Review : Houses
Criteria Lok Sabha Legislative Assemblies Rajya Sabha State Legislative Councils
Permanent - 1/3rd Permanent - 1/3rd retire every

Tenure 5 Years 5 Years
retire every 2 years 2 years
Representation All States & UTs Within the State All States, DL, PY Within the State
Election Format Direct, FPTP Direct, FPTP Indirect, PR, STV Indirect
Elected by Elected
MLAs for state
One Person One One Person One
vacancies at
Vote, One Party Vote, One Party Voter Qualifications
Election Details RS(Sch. IV)
One Constituency One Constituency
High Population
One Vote One Vote
States - More seats
to RS
Max : 40-1/3rd
Max : 250
1/3 - MLAs
Current/Total : 245
Max : 550 1/3 - Local Bodies
Strength Max : 60*-500 Elected : 233
Current/Total : 543 1/3 - TGT 3 yrs exp
Nominated : 12
1/3 - Grads 3 yrs ago
[L.A.S.S]
1/6 - C.L.A.S.S

Comparative Review : Houses
Parliament State Legislatures
LS>RS
SLA > SLC
Legislative : Money Bills, Budget Bills
Legislative : All types of Bills
Procedural : Adjournment, Censure, No
Procedural : Adjournment, Censure, No
Confidence
Confidence
RS>LS*
Authorisation
Parliamentary law on State List (249)
Creation of AIS (312)

Presiding Officers
Criteria All except RS Chair RS Chair
Election Simple Majority of the House Simple Majority of both LS & RS
Effective Majority in RS followed by

Removal Effective Majority of the House
Simple Majority in LS
Chosen from the members

No compulsion to resign from political
party
Lower House Presiding Officers certify
Money Bills
Speaker first pref to preside over a Jt. Not a member of RS
Special Remarks
Sitting Does not preside over Jt. Sitting
LS/SLA Speaker supervises respective
Parliamentary/Legislative Committees
LS Speaker ex-officio President of Indian
Parliamentary Group
Deputy Speakers are not subordinate
Common Powers
Disqualifications on Anti Defection Law
Final Authority on Procedure within the house
Conducting the business of the House
Enforcing Discipline
Members
Qualifications Suspension Disqualification
Pres/Gov on binding ECI Advice Presiding Officer

All houses
Citizen in any manner
Applicable for all houses Constitution
Oath before and after
Not defined in the Not a Citizen Anti Defection Law (Xth Schedule)
election as per III
Constitution Unsound Mind by a competent court Applicable to all except Chair RS
Schedule
As per Rules of Procedure Undischarged insolvent Grounds
Lower Houses (LS/SLA)
Decided by the Presiding Office of Profit Giving up membership of Party
Age - 25
Officer Not exempted under Parliament Violating part directions
Upper Houses (RS/SLC)
Grounds - Disorderly Conduct (Prevention of Disqualification) Independent member joining a party
Age - 30
Max Time - remainder of the Act, 1959 Nominated member joining a party
Parliament can make a law for
session* Not defined in the Constitution after 6 months
electoral qualifications for
both Union & States Criteria to determine laid down by Exemptions
several SC judgements 2/3rd Merger
Authority
Presiding Officer
Vacancy Representation of People Act If charge against Presiding Officer,
Conflict of Interest then house elects another member to
Electoral Offences preside over proceedings
Duality Criminal Conviction No time limit to decide
LS + RS : Parliamentary Law Judicial Review post final decision,
MLA + MLC : State Law courts cannot enquire into procedure
MP + MLA : MP vacant followed but outcome
unless otherwise
MLA of 2 states : Both lost
Disqualification
Absent for 60 days
Resignation to Speaker or
Chair
Immunities & Privileges
Not singularly codified

Constitution
Vote & Speech on floor
Non interference by the
courts
True Publication of
proceedings
Other Laws Violated Of Violated By
freedom from arrest 40 days
before and after session
(CPC)
Rules of Procedure House Member Breach of Privilege
Presiding Officer to be
informed on arrest of
member
Member Non Member Contempt of House
Conventions/Precedent
No compulsion to be a
witness of provide evidence
Decided by House
Reference to Privileges
Committee
Any punishment allowed

Procedures
Term Dissolution Pres/Gov
Tenure : 5 Years for Lower Houses and Permanent for Upper Houses
Only Lower Houses are dissolved automatically after 5 years
No Confidence Motion passing or Confidence Motion failing does not necessarily lead to Dissolution
If no other alternative, then dissolution order may be issued
Resignation of PM/CoM also does not necessarily lead to dissolution
All Bills except those introduced AND pending in RS lapse
All committee business except ‘Assurances’ also lapse
Session Prorogation Pres/Gov
Constitution : max gap of 6 months between 2 sessions, minimum 2 sessions a year

Convention : 3 sessions a year : Budget, Monsoon, Winter
No fixed parliamentary calendar : CoPA Decision formalised by President
Legislative or Committee business does not lapse
Sitting Adjournment/Sine Die Presiding Officer
Minimum 1/10th of Total Strength needed

Convening of the house on a specific day
Agenda Adjournment Motion Simple Majority of the House

(only in Lower Houses)

Bills Motions Resolutions
Government or Private Member Bills formal expression of the sense, will or

Ordinary action of the Legislative Body
Any proposal made for the purpose of
Money Bill (110) expression of opinion by the House
eliciting a decision of the House
+/- CFI, CoFI, Tax, Parliamentary statutory effect
The basis of all Parliamentary
Borrowing the matter of control over its own
proceedings.
Speaker Certification proceedings
Motions
Pres Prior Recommendation, Private Members' Resolutions
Substantive Motions
Intro in LS Government Resolutions
all resolutions are substantive
14 day window to RS Statutory Resolutions
motions
LS>RS
Substitute Motions
Pres cannot return
Subsidiary Motions
Budget Bills are types of MBs Assurances
Raising Issues of Importance
Financial Bill [MB = x]
Short Duration
A : Like a MB but without restrictions
377
Pres Recco + LS Intro
Calling Attention Minister gives an undertaking which
LS = RS (voting)
No Day Yet Named involves further action on the part of the
B : CFI Exp
Restrictive Motions (LS Only) Government in reporting back to the
Pres Recco
Adjournment House
LS = RS (voting)
Censure to be fulfilled within a period of three
CAB
No Confidence months
Pres can only give Assent
If CAB has MB effect, still treating like a pending assurances do not lapse
MB
Structure of Govt Accounts
Contingency Fund Consolidated Fund Public Account
Revenue Receipts & Capital Receipts &

Expenditure Expenditure
Made From Charged To
Discussed but not voted

Salaries/Allowances/Emoluments of
Pres + office,
Presiding Officers of both houses,
SC + HC Judges
Pensions of SC Judges
GoI Debt charges
Salary , Allowances, Pension of
CAG
Parliamentary Law to add or

Law to add, not to spend,
withdraw from CFI
but Parliamentary approval
later

Passage
Any Bill Bill Draft House 1 House 2 Assent
Direct Consideration
Reference to a Committee
Public Opinion
Amendments
Budget 2 Money Bills Lok Sabha Rajya Sabha Assent

Appropriation
Bill
Finance Bill
AFS
DoG (Pres Reco) Jt. Sitting
FB
FRBM Deadlock
Statements Bill rejected by one House
Exp Budget Disagreements over amendments
Receipts Budget 6 months have passed
President calls for Jt. Sitting
Not for MBs and CABs
Not at States

Parliamentary Committees
Standing (Appointed/Elected)
Financial Departmentally Related Others Ad-hoc (Appointed)
Public Accounts Committee (22) Inquire

DRSCs (31) (21 LS + 10 RS)
(15 LS+ 7 RS) Petitions (Sep) (15/10) Specific Issue/Subject
Privileges (Sep) (15/10)
Public Sector Undertakings (22) Scrutinise

(15 LS+ 7 RS) Specific Bill : Joint/Select
Govt Assurances (Sep)
(15/10)
Subordinate Legislation(Sep)
Estimates 30 (LS Only) (15/10)
Papers Laid (Sep) (15/10)
Day to Day /Facilities

Business Advisory (Sep)
(15/10)
Pvt Members Bills (15 LS)
Rules Committee (Sep)
(15/10)
Absence (15 LS)
Composition Created by - Method of Creation General Purposes (Sep)
Members of Both LSR/RSR Elected (15/10)
Houses Act of Parliament Nominated
Purpose
Separate for LS & RS Motion/Resolution Reconstituted every 1/5
Salaries (not functional)
Only for LS Inherent Powers of years or until notice
Office of Profit (10 LS +5RS)
Presiding Officer Ministers cant be
Under the supervision of Library (6LS+5RS)
members
the Speaker
Welfare (20 LS + 10 RS)
SC/ST
Women
L7 : Executive

Criteria President Governor
Governing Law Constitution [54-61], President & Vice Presidential Elections Act, 1952 Constitution
Appointed by Pres on CoM advice

Who Elects/Appoints Electoral College : Elected Members of LS, RS, SLA, DL & PY LA’s
Convention to consult State CM
Secret Ballot
Anti Defection Law Does not apply
Election Remarks PR through STV - More than 50% of total votes None
Value Vote of MLAs to Value Votes of MPs
Population Basis : 1970 Census
Qualifications Citizen, 35 Years, Eligible to contest LS Election Citizen, 35 Years
No Office of Profit
No Office of Profit
Allowances etc in Schedule II
Allowances etc in Schedule II
Oath by CJI of concerned HC as per Constitution
Oath by CJI as per Constitution
Conditions Parliament can govern Salary etc - Governors (Emoluments,
Parliament can govern Salary etc - President Emoluments & Salary Act, 1951
Allowances, & Privileges) Act, 1981
Can’t be diminished during tenure
Can’t be diminished during tenure
Charged to CFI
Jt Governors permitted
Term, Resignation, Re- 5 Years, Resignation to VP, VP to communicate to Speaker LS, No limit to re-
5 Years, Resignation to Pres.
election elections
By all members of LS & RS

No joint sitting : More than 2/3rds of Total St.
Impeachment/Removal President’s Pleasure - By Pres on CoM Advice
Grounds - Violation of the Constitution (not defined further)
Prior resolution by 1/4th House members with 14 days notice
Position Head of Union Executive [53] Constitution
No constitutional compulsion to reconsider returned advice

Constitutional Discretion
Constitutionally bound by advice of CoM under Art 74, can return advice
Reserving any bill for Pres Assent
once (added through 42 and 44 CAs - 1976 and 1978)
Relationship with CoM Recommendation of Art 356
No constitutional discretion - only situational discretion
If Jt Governor of UT
No JR review of advice given by CoM to Pres
Special States - Assam, Art 371
No JR review of advice given by CoM to Governor
PM (Leader of Maj Party)

CoM (On PM Advice) CM (Leader of Maj Party)
Governors & Lt. Governors CoM (On CM Advice)
Nominated Members of RS Nominated Members of SLC
Appoints SC and HC Judges Advocate General
Attorney General Chair and Members of SFC, SEC, SPSC
Delhi CM State Judicial Services
Chair and Members of Constitutional Bodies State Services
AIS and Central Services Group A
VP
CoM State Ministers
Administers Oath SC Judges HC Judges
CAG MLAs/MLCs
MPs (someone on behalf of Pres)

Dissolution, Prorogation, Parliamentary Address, Motion of Thanks, Dissolution, Prorogation, Parliamentary Address, Motion of Thanks,
Legislature Related Powers
Laying of AFS, Reports of Constitutional Bodies before Houses Laying of AFS, Reports of State Bodies before Houses
Prior Recommendation Prior Recommendation

Territorial Internal Organisation MB, FB I and II
MB, FB I and II
State Taxation effect bills
Legislation Related Powers Agri Income Meaning bills Veto
Veto OB/FB : Yes, No, Return
OB/FB : Yes, No, Return MB : Yes, No
MB : Yes, No Reserve for Presidential Assent : Any Bill
CAB : Yes HC powers bills necessarily for Pres Assent
Ordinances
Ordinances
Union List or Concurrent List
State List or Concurrent List
No CABs
Legislative Powers Can also return or reject
Can also return or reject
Can be Judicially Reviewed
Can be Judicially Reviewed
Must be passed within 6 weeks from the next session
Must be passed within 6 weeks from the next session
Co-extensive with Parliament Co-extensive with State Legislatures

Executive Powers Head of Union Executive Head of State Executive
Makes Rules of Business of Govt of India Makes Rules of Business of Govt of States

SC Consultation
Pre Constitution Treaty
Issue of Importance
Pardoning Powers
Judicial Powers Pardoning Powers
State Law
Court Martial
Parliamentary Law
Death Penalty

Criteria Council of Ministers State Council of Ministers
Appointment Pres on PM Advice Governor on CM Advice
Removal Pres on PM Advice Governor on CM Advice
Conditions Should be a MP at the time or within 6 months Should be a MLA/MLC at the time or within 6 months
CM
PM
CoM
CoM
Minister/Cabinet Minister
Hierarchy Minister/Cabinet Minister
MoS
MoS
MoS IC
MoS IC
Composition Limit Not more than 15% of Total St. of Lok Sabha Not more than 15% of Total St. of SLA

L8 : Judiciary & Legal System - I

Legal & Judicial System
Courts Judges Lawyers Litigants
Higher Courts Higher Court Judges Sr. Advocates PILs
Lower Court Judges Advocates Suo Moto

Lower Courts
AoR
Tribunals Judicial Magistrates
ADR Executive Magistrates
Independent & Integrated

Judicial Structure Supreme Court
High Courts
Tribunals
District & Sub District Courts Special Courts
Lok Adalats
Gram Nyayalyayas

Higher Judiciary : SC + HC
Governing Provisions
Constitution SC HC
Appointments, Transfers, Removals
3rd Judges Case
Memorandum of Procedure for SC
Appointments Insights CJI CJ-HC
Memorandum of Procedure for HC SC :

Appointments Strength : Parliament
Judges (Inquiry) Act, 1968 Power & Service Conditions :
Supreme Court Judges HC Judges
Judges Protection Act, 1985 Parliament
Conditions of Service HC
SC Judges (No. of Judges), Act, 1956 Strength : President
Powers & Service Conditions : Registrar Registrar
SC Judges (salaries & Conditions of Service),
Act, 1958 Parliament/State Legislature
Rules
HC Judges (salaries & Conditions of Service), Advocate on Record Sr. Advocates
Act, 1954
Rules
Contempt of Courts Act, 1971 Sr. Advocates Advocates
Procedural Regulations
SC Rules
HC Rules Advocates

Criteria SC Judges HC Judges
Constitution : President post SC/HC Judges Consult

Constitution : President post SC/HC Judges Consult
Collegium
Collegium
CJI + 2 Senior SC Judges
Appointments CJI + 4 Senior SC Judges
Consensus
Consensus
CJ-HC (Senior Most + Governor Consult)
CJI (Senior Most)
Other Judges (CJ - HC Consult)
Citizen AND
Citizen AND
HC Judge for 5 Years OR
Judicial Office for 10 Years OR
Qualifications HC Lawyer for 10 Years OR
HC Lawyer for 10 Years OR
Distinguished Jurist as per the President
No minimum age
No minimum age
Salary charged to CFS; Pension charged to CFI (*Delhi

Salary & Pension charged to CFI
Independence of Judiciary HC Exception)
Power to make own rules
Power to make own rules
Oath President Governor

Criteria SC Judges HC Judges
Resignation
President
Removal
Constitution
Grounds : Proven Misbehaviour or Incapacity
Authority : Parliament : Special Maj II
Process (Judges Inquiry Act, 1968)
Motion in any house
Vacancy
Supported by 100 (LS) or 50 (RS)
Presiding Officer may accept of reject the motion
3 member committee
CJI/SC (J)
CJ-HC/HC(J)
Distinguished Jurist
Committee report not binding on the house
Special Majority II (No Joint Sitting)

L8 : Judiciary & Legal System - II

Jurisdiction SC
Art 32
Writs for FR
Art 131
C vS
Original C + S1 v. S2 etc
S1 v. S2
Art 139 A (Transfer Petitions) (42nd CA, 1976)
Similar question of law pending before any HC or another SC Bench
In the interest of justice, the Supreme Court can transfer cases from one High Court to another.
Appellate Art 132, 133, 134 ; Civil, Criminal or Other; This requires parties to obtain a certificate of appeal from the High Court.
Art 136
Extra Ordinary Appellate
Supreme Court to grant ‘special leave‘ to an appeal against an order by any lower court (or tribunal). Unlike regular appeals, special
Jurisdiction
leave petitions do not require certification from the lower court.
Art 143(1) : President may refer to the Supreme Court a question of ‘law’ or ‘fact’ of public importance. However, the Court can decline
this Presidential Reference.
Art 142(2) : the President may refer to the Supreme Court a dispute arising out of pre-constitutional arrangements, such as treaties,
Advisory
agreements, covenants or other similar instruments.
Art 317 : the President may refer to the Supreme Court an inquiry for removal of the Chairman or any other member of a Public Service
Commission.
Art 137 : Supreme Court has the power to review any judgment or order pronounced by it.
Plenary Art 142 : Allows any person to file a petition to cure a ‘gross miscarriage of justice’ or ‘prevent abuse of process of law‘ brought about by
a Supreme Court judgment. [Curative Petitions]

Important Concepta SC
Art 145(3) : Min 5 Judges must hear any case concerning “a substantial question of law” regarding the interpretation of the Constitution
Constitution Bench
Art 143 : President the power to refer a “question of law” to the Supreme Court.
When a party asks the Court to decide the validity of an earlier Order or Judgment by the Supreme Court itself.
The grounds for accepting a review petition are more limited than the grounds of an appeal.
Review Petition Article 137 of the Constitution of India, 1950 permits the Supreme Court to review Judgments or Orders that the Court has itself
delivered.
Article 145 states that the Supreme Court may make rules specifying the grounds for reviewing a Judgment or Order subject to
Parliament : Supreme Court Rules, 2013
A Curative petition is considered the last available remedy for reconsidering a judgement delivered by the Supreme Court.
Curative Petition The curative remedy was introduced by a Constitution Bench in Rupa Ashok Hurra v Ashok Hurra (2002)
Articles 32 and 226 of the Constitution grant suo moto power to the Supreme Court and High Courts respectively.
Suo Moto Article 227 confers power on the High Courts to invoke the supervisory jurisdiction suo moto.
SC power to initiate contempt proceedings suo moto is endowed in Article 129.
The Advocates Act, 1961 recognises two types of advocates: Advocates and Senior Advocates
Advocates Act, 1961 empowers the High Court or the Supreme Court to designate an advocate as a ‘Senior Advocate’ based on their
Advocates standing at the Bar, ability, special knowledge and experience in the law.
The Supreme Court specially recognises a third category of advocates known as Advocates-on-Record (AOR) who are exclusively
entitled to ‘appear, plead and address the court’ or to instruct other advocates to appear before the Court.
Lawyers SC/HC
Advocates The Advocates Act, 1961 recognises two types of advocates: Advocates and Senior Advocates
Advocates Act, 1961 empowers the High Court or the Supreme Court to designate an advocate as a ‘Senior Advocate’ based on their
Sr. Advocates
standing at the Bar, ability, special knowledge and experience in the law.
Advocates-on-Record Advocates-on-Record are the only advocates who can represent a party at the Supreme Court. Only they can file a ‘vakalatnama,’
appear or file pleadings or applications. Any other advocate who appears in a case must be instructed by an AOR.
Constitutional post under Article 76

They are appointed by the President on the advice of the Council of Ministers
These qualifications as contained in Article 124(3) of the Constitution
they must be a citizen of India AND
who was a judge of a High Court for five years; or
a practising advocate at a High Court for ten years; or
an eminent jurist in the eyes of the President.
Advocate General
Although the Constitution stipulates that the AG can hold office during the ‘pleasure of the President’, their term has been fixed as 3
years in the Rules.
Upon the expiration of the term, they can be reappointed for another term not exceeding 3 years.
The AG has the right to an audience (right to conduct legal proceedings) in all courts in India and the right to take part in proceedings of
both Houses of the Parliament.
They can take part in joint sittings and any parliamentary committee of which they are a member but they are not entitled to vote.
The AG enjoys all the privileges which are available to a member of Parliament.
Solicitor General and

The offices of SG and ASG are only statutory.
Additional Solicitor
The appointments of SG and ASG are officiated by the President of India upon the recommendation of the Appointments Committee of
General
the Cabinet (ACC) as per the Government of India (Transaction of Business) Rules (1961).
the SG and ASG do not have the right to participate in parliamentary proceedings nor do they consequently have the privileges of a
member of the Parliament.
L9 : Separation of Powers

Constitutionalism Ordinances
Independence of
Separation of Powers Checks & Balances Delegated Legislation Separation of Powers Office of Profit
Judiciary
Judicial Review
Federalism
Judicial Activism
Judicial Legislation

EXECUTIVE IN INDIA AND DOCTRINE OF SEPARATION OF POWERS
Conduct of business of
Vesting of Executive Power Extent of Executive Power
Government of India and State
President or Governor not to be Power of President to consult Competent to frame Rules regarding
member of either Parliament or Supreme Court conditions of service
State Legislature

INTERFERENCE OF EXECUTIVE IN LEGISLATURE
Power to summon, prorogue and

Executive - Part of Legislature also
dissolve Power to address the Houses
Interference in the Legislative Decision on question as to the Appointment of Prime Minister,

procedure Disqualifications of members Chief Ministers and other Ministers
Ordinance making power with the Duty to furnish information to the

Powers in relation to emergency
Executive Executive

INTERFERENCE OF EXECUTIVE IN JUDICIARY
Power to Grant Pardon vested in the Immunity to Executive under Article

Role of Executive in appointment of
Executive 361
Judges
Interference in the Legislative Decision on question as to the Appointment of Prime Minister,

procedure Disqualifications of members Chief Ministers and other Ministers
Ordinance making power with the Duty to furnish information to the

Powers in relation to emergency
Executive Executive

LEGISLATURE IN INDIA AND DOCTRINE OF SEPARATION OF POWERS
Function (Article 245 and 246) (

Composition
Legislative Procedure has been Framing Rules of Procedure
dealt with under Article 107 and
108)

INTERFERENCE OF LEGISLATURE IN EXECUTIVE
Role in election of President Impeachment Proceedings against Council of Ministers to aid and
President carried on by Parliament advise President
(Article 61)
INTERFERENCE OF LEGISLATURE IN JUDICIARY
Court not to inquire into Parliamentary privileges (Article 105

Adjudication of water disputes
proceedings of Parliament or and 194)
Legislature (Article 122 and 212)
Role of Legislature in removal of Advice

judges

JUDICIARY IN INDIA AND DOCTRINE OF SEPARATION OF POWERS
Writs & Rights Basic Structure Judicial Review
INTERFERENCE OF JUDICIARY IN EXECUTIVE
Ordinance making power of

Clemency Powers (Article 72 and
Executive
161)
INTERFERENCE OF JUDICIARY IN LEGISLATURE
Power to regulate its proceedings

L10 : Federalism

FEDERALISM ESSENTIALS
Quasi Federal
Written Constitution
Symmetric
Asymmetric Conceptual Intersections of Federalism Independent Judiciary
Cooperative
Judicial Review
Competitive

FEDERAL FRAMEWORK
1. Existence of two levels of government: a general government

for the whole country and two or more regional governments
for different regions within that country;
2. Distribution of competence or powers—legislative, executive,
judicial, and financial—between the general and the regional
governments;
3. Supremacy of the constitution—that is, the foregoing
arrangements are not only incorporated in the constitution
but they are also beyond the reach of either government to
the extent that neither of them can unilaterally change nor
breach them;
4. Dispute resolution mechanism for determining the
competence of the two governments for exercising any power
or for performing any function.

UNITARY BIAS
1. The union parliament has been given the unilateral discretion to reconstruct the
boundaries of the states
2. The Union list contain more subjects than the State list.
3. In case of a deadlock between the Union and states over subjects in the concurrent
list, the Union law prevails.
4. The union parliament can also legislate on any state subjects under extraordinary
circumstances.
a. RS Authorisation
i. AIS
ii. Central law over a State Subject
b. No RS Authorisation required for making a law to interpret an international treaty
5. The union government also has sweeping economic superiority in terms of resources
as well as in its discretion in allocating resources to the states.
6. Union Government’s power of appointing governors in the states and dissolving state
governments by proclaiming president rule if the Centre deems fit.
7. Single Constitution for both Union and State governments.
8. Institutions of governance like single system of courts, all-India public services and
integrated audit machinery and the integrated election machinery.

1. CENTRAL AND REGIONAL GOVERNMENTS
1. 28 States & 8 UTs : governed by the Constitution of India and have no separate constitutions of their own.
2. Special features of some of the States, the Constitution makes special provisions for them not applicable to other States [arts 371, 371-A–J]
(asymmetric federalism)
3. Union Territories are expected to be subject to the direct administration of the Union of India, the Constitution also makes special provisions for
some of them[eg, art 239-AA for Delhi and art 239-B for Puducherry.]
4. Special arrangements are also made separately for the Scheduled and Tribal Areas
a. While the provisions of the Fifth Schedule apply to the Scheduled Areas and Scheduled Tribes in any State, the provisions of the Sixth
Schedule apply to the areas in the States of Assam, Meghalaya, Tripura, and Mizoram.
5. According to Article 1(1) of the Constitution, ‘India, that is Bharat, shall be a Union of States.’
a. India must have more than one State.
b. Federalism is part of the basic structure of the Constitution and is therefore beyond the power of amendment (SR Bommai)
c. While federalism is a part of the basic structure, two features of the Constitution show the centralisation feature of Indian federalism
i. Parliament’s power to alter State boundaries
ii. Representation of the States in Parliament
d. A third level of governments at the village and municipal levels has also been introduced into the Constitution by way of the Seventy-third
and Seventy-fourth Amendments. This level was already envisaged in Art 40 of the Directive Principles of State Policy.
i. Within the jurisdiction of the States under Entry 5 of List II of Schedule VII to the Constitution
ii. While these Amendments had hoped to strengthen local government in India, strictly speaking, local government bodies remain within the
competence of the States for devolution of powers and functions

2. DISTRIBUTION OF POWERS
1. Legislative Powers (Chapter 1 of Part XI, arts 119, 209.)

a. Article 245—prescribes the territorial jurisdiction of the Union Parliament and the State legislatures
i. The former can make laws for the whole of India or any part of it, while the latter can make laws for the territory of that State or any part
of it.
b. Article 246 of the Constitution lays down the law for the exercise of power over the subjects
i. The legislative items included within List I are much more numerous
ii. In case of conflict, items in List I override items in Lists II and III and items in List III override those in List II.
iii. Any residuary subject also has precedence over the powers of the State legislatures in Lists II and III
iv. For items in List III, if the State law conflicts with the law of Parliament the latter prevails over the former, though with the prior approval
of the President, State law may also prevail over the law of Parliament (Art 254)
v. No tax entry is included in List III
vi. Legislative powers assigned to the Union have primacy over the powers assigned to the States
vii. Parliament may override the foregoing distribution of legislative powers between the Union and the States.
1. During an emergency arising from war, external aggression, or armed rebellion Parliament may make laws on any item in List II
2. Parliament may make law on any subject ‘for implementing any treaty, agreement or convention with any country or countries or any
decision made at any international conference, association or other body’;
viii. If the President of India is satisfied that the government of any State cannot be exercised in accordance with the provisions of the
Constitution, he may assume all the powers of the State and authorise Parliament to make laws for that State
ix. The working of the Constitution so far, however, establishes that the primary distribution of legislative powers is the norm and the
exceptions have been invoked only in limited cases.

2. DISTRIBUTION OF POWERS
1. Executive Powers
a. With some exceptions, the executive power is divided between the Union and the States on the same lines as the legislative powers.
b. The executive power of the Union extends to all those matters on which Parliament has the power to make laws, as well as to matters on
which it may exercise such power by virtue of any treaty or agreement. However, the executive power of the Union does not extend to
matters included in List III unless otherwise provided in the Constitution or any law of Parliament (Art 73)
c. The executive power of the States extends to matters on which State legislatures have the power to make laws, subject to the condition that
on matters in List III it is subject to the Union’s power. (Art 162)
d. Exceptions
i. the exercise of State executive power must ensure compliance with the laws of Parliament and existing laws applicable in the concerned
State, and for this purpose the Union has the executive power to give such directions to any State as it considers necessary
ii. in the exercise of its executive power the Union may also give directions to any State for the construction and maintenance of means of
communication of national or military importance as well as for the protection of railways within the State etc.
iii. arts 257(1), 258(1), 258(2), 258A, 353(a), 356(1)(a), 360
1. Judicial Powers
a. The Constitution does not divide judicial power between the Union and the States, although in the textual arrangement of constitutional
provisions it places the Union and State judiciary separately.
b. It also authorises Parliament to establish additional courts for the better administration of Union laws and for the creation of an all-India
judicial service.
c. Except for the appointment of judges of the Supreme Court and the High Courts, which is made by the President of India, appointment of
administrative staff and the budget of the Supreme Court are within the jurisdiction of the Union and of the High Courts and subordinate
courts within the jurisdiction of the States. But the same courts administer the laws of the Union as well as of the States [arts 146, 229]
d. In the allocation of legislative powers to the Union and the States, the Supreme Court for all purposes and the High Courts with some
exceptions are placed within the exclusive power of the Union, while the administration of justice, constitution, and organisation of all courts
other than the Supreme Court and the High Courts are placed within the concurrent jurisdiction of both the Union and the States.
e. Therefore, the judiciary was envisaged and arranged as unitary rather than federal to exclude the possibility of local influence

EMERGENCY EXPLAINED
C>S : Promulgated by President on written advice of the ‘Cabinet’
National (352) State (356) Financial (360)
War
Grounds Failure of constitutional
External Aggression Financial Stability
machinery in a state
Armed Rebellion
Parliament Conservative Fiscal Policy

Impact Parliament
No Impact Parliament
No Impact
Union Executive No Impact
Union Executive
No Impact Union Executive
No Impact
State Legislatures No Impact
State Legislatures
No Impact State Legislatures
Suspended/Dissolved
State Executive No Impact
State Executive
No Impact State Executive
Suspended
FRs No Impact
FRs
Any except 20 & 21 FRs
No Impact
19 Automatic No Impact
Duration 6 months at a time for any

3 years (1+6+6+6+6)
number of times - Spl Maj II Infinite - one time
1st time approval within 2
1st time approval within 1 Simple Maj.
months - Simple Maj.
month - Spl Maj. II

L11 : Local Self Government

LOCAL SELF GOVERNMENT
Structure v. Powers
73rd C.A. 74th C.A.
Delegation
Panchayats Municipalities
Art 40 (D.P.S.P.)
Compulsory & Voluntary Provisions

Decentralisation
State List
Multi Tier Structure
Devolution
XI & XII Schedules
PESA
73rd CA inapplicable to
Vth Schedule
VIth Schedule
Schedule V
Darjeeling Gorkha Hill Council
Parliament by ordinary law can extend 73rd CA
provisions to Vth & VIth Schedule
Schedule VI

District Planning Comittee
Metropolitan Planning Committee
Head of Z.P Chair/Mayor
Zila Parishad Nagar Panchayat/Municipal Nagar Panchayat/Municipal

Council/Municipal Corporation Council/Municipal Corporation
Ward 1 + Ward 2 = Municipality I Ward 3 + Ward 4 = Municipality II
Block I + Block II + Block II = District (Rural) Municipality I = II = District (Urban)
Head of P.S. Head of P.S.
Panchayat Samiti Panchayat Samiti Chair Chair

Chair Chair
Ward Ward
Ward Ward
Village 1 + Village 2 = Block I Village 3 + Village 4 = Block II Committee Committee
Committee Committee
Ward 3 Ward 4
Ward 1 Ward 2
Sarpanch Sarpanch Sarpanch Sarpanch
Village Panchayat Village Panchayat Village Panchayat Village Panchayat
Village 1 Village 2 Village 3 Village 4

73rd Constitutional Amendment, XI Schedule 74th Constitutional Amendment, XII Schedule
3 Tier 2 Tier
Zila Parishad (District) Municipality or Nagar Panchayat/Municipal Council/Municipal
Layer
Panchayat Samiti (Block) Corporation (Size/Population of Urban Area)
Gram Sabha (Village) Ward Committees
5 Years unless dissolved

Dissolved by law
Duration
Municipalities get opportunity to be heard
If dissolved sooner, then new tier continues for remainder period
Members
Municipality or Nagar Panchayat/Municipal Council/Municipal
Members of all 3 tiers - Direct Corporation (Size/Population of Urban Area) - Direct
Chair Ward Committees - As per state Law
Method of Election
Gram Sabha - As per state law Chair
Panchayat Samiti & Zila Parishad - Indirect Municipality or Nagar Panchayat/Municipal Council/Municipal
Corporation (Size/Population of Urban Area) - As per state law
Ward Committees - As per State Law
Disqualifications As per state law As per state law

73rd Constitutional Amendment, XI Schedule 74th Constitutional Amendment, XII Schedule
Compulsory Compulsory
SC/ST SC/ST
Members - As per population Members - As per population
Chair - As per state law Chair - As per state law
Women Women
Reservation Members - 1/3rd Members - 1/3rd
Chair - 1/3rd Chair - As per state law
Voluntary Voluntary
Backward Classes (OBC) Backward Classes (OBC)
Members - As per state Members - As per state
Chair - As per state Chair - As per state
State Election Commission

State Finance Commission
Compulsory Bodies
District Planning Committee (Min 4/5th indirectly elected)
Metropolitan Committee (Min 2/3rd indirectly elected)

PESA
Legislative Power of Gram Sabha

Power of subordinate legislation with respect to
consumption of intoxicants,
minor forest produce,
land-alienation,
village markets,
money-lending,
control over institutions and functionaries in social sector,
control over local plan and resources for them, if and when endowed by State Legislature.
Administration of Justice by Gram Sabha
Only to the extent that State Legislature is prohibited from making laws inconsistent with customary laws and practices, including customary
mode of dispute resolution but Union legislations like CrPC and CPC would prevail over customary methods.
General Administration (Executive Functions) by Gram Sabha
Approval is mandatory for implementation of local plans, its recommendation is mandatory with respect to minor minerals, and consultation
with it is mandatory for land-acquisition and rehabilitation associated with development projects.

L12 : Bodies

BODIES
Electoral : ECI + SEC + Delimitation

REGULATORY
CONSTITUTIONAL Recruitment : UPSC + SPSC
Financial : CAG + FCI + SFC + GST

S.O.P
STATUTORY
Federal : Niti Aayog + ISC + ZC
Vul. Secs : NCSC/ST/BC + Ling. Min. +

NHRC + SHRC + NC Minorities + NCW C&B
EXECUTIVE + NCPCR
Legal : Attorney Gen + Adv Gen +

Law Commission + BCI
EXPERTISE
Anti Corruption : CIC + SIC + CVC +
CBI + Lokpal + Lokayukt

ELECTORAL BODIES
Body ECI SEC Delimitation Commission
Composition/
1 CEC + X ECs
No of 1 SEC Retd. SC Judge + CEC + SEC
X: decided by President (1+2)
Members
Appointed by President on advice of PM, LoP of LS, CJI Governor President
Tenure 6 Years/65 years 5 Years Constituted after every Census
Removed by CEC - Spl Majority II

Manner & Grounds - HC Judge - Spl Majority II -
& grounds ECs - Spl Majority II after CEC Initiation
Pres/VP/LS/RS/SLA/SLC Elections
Functions PRI/ULB Elections Constituency Size Adjustment
Quasi Judicial & Advisory Functions

RECRUITMENT
Body UPSC SPSC
Composition/No of
1 Chairman + 10 Members Chairman + members
Members
Appointed by President Governor of the state
Tenure 6 Years/65 years 6 Years/62 Years
Removed by &
by The President after a binding SC Enquiry by The President after a binding SC Enquiry
grounds
Recruitment - central Services, All India Services, etc. Recruitment- state services.
Functions
Consulting on Disciplinary matters consulting on Disciplinary matters

FINANCIAL
Body CAG FCI SFC GST
Union Finance Minister

(chairperson) + MoS
Composition/
(Finance) and One
No of 1 1 Chairman + 4 Members
nominated Minister in-
Members charge from every state
(Members)
Appointed by President President Governor Set up by the President
Tenure 6 Years 5 Years - -
Removed by & President - Mental, Moral,

Spl Majority II, like SC Judge - -
grounds Financial Issues
Tax sharing between C&S

Revenue and Tax
Art 12 - Audit Principles for Grants in
Functions distribution between All GST Policy Decisions
Reports send to PAC Aid
States & LSG
Strengthen LSG

FEDERAL
Body NITI Aayog Inter-State Council Zonal Councils
Union Home Minister ( Chairman

Composition/No PM - Chairperson, vice - chairperson & PM (Chairman) + 6 Union Ministers,
of all 6 ZCs ), CM of the States as
of Members CEO (Appointed by PM) CM of all States ( Members )
Vice- chairman on rotation
Appointed by - - -
Tenure - - -
Removed by &
- - -
grounds
Creating a strong Institutional

Think Tank of GoI, Policy and Planning Advisory Council, foster better
Functions Framework, cooperative federalism &
related Inputs. cooperation among the states
better coordination of policy.

VULNERABLE SECTIONS
Linguistics
Body NCSC/ST/BC NHRC SHRC NC Minorities NCW NCPCR
Minority
Compositio Chairman, Vice- Chaiperson, Vice- Chairperson + 5

Chairperson + Chairperson + 2 Chaiperson + 6
n/No of Chairman, other Commissioner Chairperson + 5 Members +
5 Members Members Members
Members members Members Members Member Secretary
President on
Nominated by Nominated by
Appointed recommenda
President President Governor Central Central GoI
by tion by the
Government Government
Parliament
Tenure - Not specified 3 Years 3 Years 3 years 3 Years 3 Years
Removed
By the
by & - - By the President GoI GoI GoI
President
grounds
Watchdog of
Quasi-judicial body, Monitoring and Human Protecting Human
Implementation of reporting the working Rights in the Rights and
Welfare of Welfare Of
Functions Constitutional of constitutional country, estd investigating Welfare of Women
Minorities Children
Safeguards for safeguards for in conformity Violations within
SC/ST/BC. linguistic Minorities to Paris the State
Principles

LEGAL
Body Attorney General Advocate General Law Commission BCI
Chairperson + Vice-
Composition/
Chairperson + Members Chairperson ( Elected ) +
No of 1 1
(legal and judicial experts ) 16 Members + Attorney
Members General + Solicitor General
Appointed by President Governor GoI
Tenure 3 years as per Rules Not specified 3 years 2 Years
Removed by &
President Governor - -
grounds
Advisory body to the Legal Education and

Advises and Represents Central Advises and Represents the
Functions Ministry of Law and Legal Profession -
Government State Government
Justice Regulator

ANTI CORRUPTION
Body CIC SIC CVC CBI Lokpal Lokayukta
Composition/ 1 CIC + 10
Chairperson + 8 Chairperson + 4
No of Information 1 SIC + 10 Members 1 CVC + 2 VCs Director
Members Members
Members Commissioners
Appointment President on the

Appointed by President Governor President committee headed by recommendation of Governor
PM selection committee
2 Years, can be
Tenure 3 Years 3 Years 4 years extended upto 5 5 years/70 years 5 Years
Years
President on the
Removed by By the President, Governor, after SC Impeachment Motion
By the President Selection committee recommendation of the
& grounds after SC Enquiry Enquiry by State Assembly
Supreme Court
Corruption against
Min, MP, Group A-D Corruption against
Vigilance enquiry by Centre Corruption
Management of any Min, MLA, Group
Centre Investigation
RTI Appeals from RTI Appeals from State authority under A-D
Functions Complaints referred Requests by
Central Authorities Authorities State Management of
by LokPal states
Society receiving any authority
Supervises CBI Court referrals
foreign aid more under State
than 10 lacs

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L3: Legal History

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# Context [UK --> Full Monarchy --> Parliamentary Monarchy]

Constitution of India Act, 1950

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Princely British admin territories Undivided India +

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1861 1909 1919

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EC LC Council of States Federal Assembly

Full Responsible Govt (Provinces)

Separate electorates expanded

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Indirect Consultation Drafting

Rules and Procedure

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Inspiration Objectives Resolution - US Ireland, GoI Act, 1935 USSR

Purpose Interpretation Aid Political Democracy Social Democracy Harmony

Anecdote Mind of the Makers 32 - Soul of the Fundamental to

Obligation None Negative on the State Positive on the State None

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● Sovereign ● Justice (Social, Economic, Political)

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Criteria Arrest Preventive Detention

● Art 20 Type Post Offence Pre Offence

Legal Representation Yes No

Presented before Yes No

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Criteria Art 25 Art 26 Art 27 Art 28 Art 29 Art 30

For C+F C+F C+F C+F C Minorities C

Right Conscience, Establish, No tax for No Religious Right to Religious/Lingu

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● SC & HC can issue the same

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L4: Territory & Citizenship

1. Dimensions & Policy of Territory

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Type/Extent External Internal

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# Constitutional Layout: Part I # Key Concepts

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Art 6 Migrants from Pak to India

Art 8 residing anywhere except PAK

Art 9 single citizenship

Art 10 superiority of Parl law

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