Polity Projections - 2024 IASEC

Projections 2024 (POLITY)
IAS Exam Congress

Polity Projections
for
CS (Prelims) - 24
Introduction:
Polity Projections is a compilation of list of projections posted on IASEC Channel. Mostly all
the topics are compiled but some topics like original jurisdiction of SC, Fundamental duties are
given in any book or material or PT for those topic pls refer those sources, If you find any
discrepancies please write to us we will correct them.
Best wishes 🙏
Compiled by @littichokaa and @aravindprakash
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1. Parliamentary Privileges:Constitutional Provisions and Recent Judgement

Provisions:
Parliamentary privilege is the sum of certain rights enjoyed by each House collectively
and by members of each House individually, without which they could not discharge
their functions, and which exceed those possessed by other bodies or individuals.
➢ Breach of Privilege(BOP): When any of these rights and immunities is
disregarded or attacked, the offence is called a breach of privilege and is
punishable under the law of Parliament.
➢ Contempt of House(COH): Each House also claims the right to punish
contempts, that is, actions which, while not breaches of any specific privilege,
obstruct or impede it in the performance of its functions, or are offences against
its authority or dignity, such as disobedience to its legitimate commands or libels upon
itself, its members or its officers.
➢ All BOP constitute COH, but a person may be guilty of COH even though he
does not violate any privilege, e.g., when he disobeys an order to attend a committee or
publishes reflections on the character or conduct of a member in his capacity as a member
Punishment in case of breach of privilege or contempt of the House:
➢ The house can ensure attendance of the offending person.
➢ The punishment may take the form of admonition, reprimand or imprisonment
➢ Two other punishments may also be awarded to the members for contempt, namely,
‘suspension and ‘expulsion from the House (Recently former MP Mahua
Moitra was expelled from LS for contempt of house on basis of ethics
committee report)
Parliament, till now, has not made any special law to exhaustively codify all the
privileges. They are based on five sources, namely:
➢ Constitutional provisions
➢ Various laws made by Parliament
➢ Rules of both the Houses
➢ Parliamentary conventions
➢ Judicial interpretations.
Provisions
Constitutional The Constitution of India specifies some of the privileges:
Provisions ➢ These are freedom of speech in Parliament [Article 105(1)]
➢ Immunity to a member from any proceedings in any court in respect of
anything said or any vote given by him in Parliament or any committee
thereof.[Article 105(2)]
➢ Immunity to a person from proceedings in any court in respect of the publication
by or under the authority of either House of Parliament of any report, paper,
votes or proceedings.[Article 105(2)]
➢ Courts are prohibited from inquiring into the validity of any proceedings in
Parliament on the ground of an alleged irregularity of procedure[Article 122(1)]
➢ No officer or Member of Parliament empowered to regulate procedure or the
conduct of business or to maintain order in Parliament can be subject to a
court’s jurisdiction in respect of exercise by him of those powers.[Article 122(2)]
➢ No person can be liable to any civil or criminal proceedings in any court for
publication in a newspaper of a substantially true report of any proceedings of
either House of Parliament unless the publication is proved to have been made
with malice. This immunity is also available for reports or matters broadcast by means of
wireless telegraphy. This immunity, however, is not available to publication of
proceedings of a secret sitting of the House[Article 361A(1)]
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Statutory Apart from the privileges as specified in the Constitution, the Code of Civil Procedure,
Provisions 1908, provides for freedom from arrest and detention of members under civil
process(not available for criminal cases) during the continuance of the meeting
of the House or of a committee there of and forty days before its commencement
and forty days after its conclusion.
Based on Rule ➢ The Chairman/Speaker has a right to receive immediate information of the
of procedure arrest, detention, conviction, imprisonment and release of a member on a
and precedents criminal charge or for a criminal offence.
➢ Members or officers of the House cannot be compelled to give evidence or to
produce documents in courts of law, relating to the proceedings of the House without
the permission of the House
Consequential ➢ To commit persons, whether they are members or not, for breach of privilege
powers of or contempt of the House
house ➢ To compel the attendance of witnesses and to send for persons, papers and records
➢ To regulate its procedure and the conduct of its business
➢ To prohibit the publication of its debates and proceedings and to exclude
strangers.
These rights are also given to those individuals who speak and participate in any
committee of the Parliament, which includes the Attorney General of India and the
Union Ministers. The President, even if he is part of Parliament, does not have
parliamentary privileges.
SC Judgements regarding privileges:
State of ● In 2021, State of Kerala v Ajith, a bench headed by DY Chandrachud had dismissed pleas
Kerala Vs. challenging the filing of a criminal FIR against six LDF members in the Kerala assembly
K. Ajith ruckus case of 2015. The SC held that while MLAs are protected for their speech and
Case, 2021 even protest on the floor of the Assembly, criminal acts committed like
damaging microphones or furniture cannot be covered under parliamentary
immunity
● Observed, that privileges and immunities are not gateways to claim exemptions
from the general law of the land.
JMM ● The 7-Judge Constitution Bench comprising of Dr. DY Chandrachud, CJI overturned the
Bribery Case 5-Judge Bench 1998 verdict in P.V. Narasimha Rao v. State wherein it was
established that the Member of Parliaments (‘MP’) and Member of Legislative
Assemblies (‘MLA’) enjoyed immunity if they cast vote in the House after taking
bribe for it.
● The ruling cited the “necessity test”, which means that for a member to exercise a
privilege, the privilege must be such that without it “they could not discharge
their functions.” Naturally, accepting bribes cannot be said to be necessary to
discharge one’s functions as a lawmaker, unlike, for example, having the right to
free speech.
● The court also had to decide if a lawmaker gets immunity if he accepts a bribe but
votes as per his conscience or party line and not as per the request of the bribe-giver:
● Court analysed Section 7 of the Prevention of Corruption Act:The mere
“obtaining”, “accepting” or “attempting” to obtain an undue advantage with
the intention to act or forbear from acting in a certain way is sufficient to complete the
offence.
● The SC held that both the court and Parliament can exercise jurisdiction on the
actions of lawmakers in parallel. This is because the purpose of punishment by the
House is different from the purpose of a criminal trial. “The issue of bribery is not
one of exclusivity of jurisdiction by the House over its bribe-taking members. The purpose of a
House acting against a contempt by a member for receiving a bribe serves a purpose distinct
from a criminal prosecution,”.
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Immunity won’t protect legislators taking bribes to vote in Parliament from criminal prosecution:
Supreme Court - The Hindu
JMM bribes for votes ruling: How Supreme Court interpreted privilege for lawmakers | Explained
News - The Indian Express
2. Concepts of Bail in CrPC and judgements in news - default, transit and

anticipatory bail.
Concept of Bail and types of bail and offences:
The concept of Bail is provided by Chapter XXXIII
(Thirty-Three) of the Code of Criminal Procedure,
1973 (CrPC) titled ‘Provisions as to Bail and Bonds’. It
consists of Sections 436-450. Bail is the judicial
release of an accused charged with a certain
offence by imposing some restrictions on him and
compelling him to remain within the jurisdiction
of court.
The term ‘Bail’ has not been defined under CrPC.
Only the term ‘Bailable Offence’ and ‘Non-Bailable
Offence’ has been defined under Section 2(a) of the
Code.
Bailable offence According to Section 2(a) of CrPC bailable offence means an offence that is
classified as bailable or which is classified as bailable under any other law. An
accused can claim bail as a matter of right if he is accused of committing a
bailable offence. The police officer or any other authority has no right to reject
the bail if the accused is ready to furnish bail.
Non-bailable ➢ Any offence not mentioned as bailable under the First Schedule of CrPC or
offence any other law is considered as non-bailable offence.
➢ A person accused of a non-bailable offence cannot claim bail as a right.
Section 437 of CrPC provides for when bail may be taken in case of non-bailable
offence.
➢ A person accused of non-bailable offence can be granted bail provided the
accused does not fall under the following grounds:
○ There are reasonable grounds to believe that he committed an offence
punishable with death penalty or life imprisonment.
○ That the accused has committed a cognizable offence and he had been
previously convicted of an offence punishable with death, imprisonment of seven
years or more.
○ That the accused had been previously convicted on two or more occasions of
commission of a cognizable offence punishable with imprisonment for three years or
more but not less than seven years.
○ There are exceptional cases in which law gives special consideration in
favour of persons i.e., where the accused is a minor, a woman, a sick
person etc. by virtue of Section 437(1) of CrPC.
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Some other types of Bail:
Default/Statutor This is a right to bail that accrues when the police fail to complete investigation
y Bail within a specified period in respect of a person in judicial custody. It is also
known as Statutory Bail.
● Under Section 167(2) of the Code, a Magistrate can order an accused person to
be detained in the custody of the police for 15 days. Beyond the police
custody period of 15 days, the Magistrate can authorize the detention of the
accused person in judicial custody where the accused cannot be detained
for more than:
○ Ninety days, when an authority is investigating an offense punishable with death,
life imprisonment or imprisonment for at least ten years; or
○ Sixty days, when the authority is investigating any other offense.
○ In some other special laws like Narcotic Drugs and Psychotropic Substances
Act(180 days), this period may vary.
● In case the investigation is not completed by the end of this period, the court
shall release the person “if he is prepared to and does furnish bail”.
● The Ritu Chhabaria judgment, the court held that “the right of default bail is
not merely a statutory right, but a fundamental right that flows from Article
21 of the Constitution” to protect accused persons from the “unfettered and arbitrary
power of the State”.
● Jasbir Singh vs National Investigating Agency (2023): The Supreme Court in
this case held that an accused is not entitled to seek default bail on the grounds
that the chargesheet, though filed within the requisite period, remains
“incomplete” for lack of sanction.
Anticipatory 0r It is a legal provision that allows an accused person to apply for bail before
Pre-arrest bail being arrested. In India, pre-arrest bail is granted under section 438 of the Code
of Criminal Procedure, 1973. It is issued only by the Sessions Court and High Court.
The provision of pre-arrest bail is discretionary, and the
court may grant bail after considering the nature and gravity of the offence,
the antecedents of the accused, and other relevant factors. The court may also impose
certain conditions while granting bail, such as surrendering the passport, refraining from
leaving the country, or reporting to the police station regularly.It is meant to be a
safeguard for a person who has false accusation or charges made against
him/her.
Conditions for Granting an Anticipatory Bail in India:
➢ The person seeking anticipatory bail should have reason to believe that they may
be arrested for a non-bailable offense.
➢ The court may also impose a monetary bond.
➢ The person seeking anticipatory bail must make themselves available for
interrogation by the investigating officer as and when required.
➢ The court may grant anticipatory bail for a limited period, and the person will have
to surrender to custody once the period expires.
➢ It is important to note that the granting of anticipatory bail is at the
discretion of the court and is not an absolute right.
Transit ● On November 20, 2023, the Hon’ble Supreme Court passed a groundbreaking judgment
Anticipatory affirming in Priya Indoria v. State of Karnataka and Ors that both, High
Bail Courts and Sessions Courts possess the power to grant Transit
Anticipatory Bail in situations where a First Information Report (“FIR”)
has been filed against the accused in a different state.
● It is a judicial innovation.
● Despite instances of transit anticipatory bail having been granted as far back as 1980,
the phrase “transit anticipatory bail” is not defined under the Code of
Criminal Procedure, 1973 or any other law in India.
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● Pursuant to a warrant of arrest being issued, the accused is granted bail by the
Court within which jurisdiction she resides, to enable her to reach the
Court of competent jurisdiction and seek bail.
● It is sought for specifically and solely during the period of transit from the
jurisdictional Court wherein the accused resides to the Court of competent
jurisdiction where the warrant was issued.
Chargesheet vs FIR:
SC in past ruled that chargesheets are not ‘public documents’ and enabling their free
public access violates the provisions of the Criminal Code of Procedure (CrPC) as it
compromises the rights of the accused, victim, and the investigation agencies.
In the case of Nahar Singh v. State of Uttar
Pradesh, the Supreme Court recently held that a magistrate has power under Section 190
of the Code of Criminal Procedure, 1973 (CrPC) to issue summons against persons
who have not been mentioned as accused in the chargesheet or arraigned in the First
Information Report (FIR).
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3. Powers of ED: Recent Judgement on PMLA,2002

The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of
offence of money laundering and violations of foreign exchange laws. In 1957, the unit was
renamed as the Enforcement Directorate.
Nodal Ministry: Department of Revenue, Ministry of Finance.
The statutory functions of the Directorate include enforcement of following Acts:
➢ The Prevention of Money Laundering Act, 2002 (PMLA)
➢ The Foreign Exchange Management Act, 1999 (FEMA)ons, to adjudicate and
impose penalties on those adjudged to have contravened the law.
➢ The Fugitive Economic Offenders Act, 2018 (FEOA)nting arrest and provide for the
confiscation of their properties to the Central Government.
➢ Sponsoring agency under COFEPOSA
PMLA,2002 and Recent Judgement

The Prevention of Money Laundering Act, 2002 (PMLA) enacted to prevent money laundering and
provide for confiscation of property derived from, or involved in, money laundering.
● The PML Act seeks to combat money laundering in India and has three main objectives:
● To prevent and control money laundering
● To confiscate and seize the property obtained from the laundered money;
● To deal with any other issue connected with money laundering in India.
● The Act also proposes punishment under section 4.
● Provisions:
● Sec. 3 of PMLA defines the offence of money laundering.
● Prescribes obligation:
● PMLA prescribes the obligation of banking companies, financial institutions and
intermediaries for verification and maintenance of records of the identity of all its
clients and also of all transactions.
● Empowerment of officers:
● PMLA empowers certain officers of the Directorate of Enforcement to carry out
investigations.
● It empowers the Director of FIU-IND to impose fines on banking companies, financial
institutions or intermediaries.
● Setting up of Authority:
● PMLA envisages the setting up of an Adjudicating Authority to exercise jurisdiction,
power and authority conferred by it essentially to confirm attachment or order
confiscation of attached properties.
● It also envisages the setting up of an Appellate Tribunal to hear appeals against the
order of the Adjudicating Authority and the authorities like Director FIU-IND.
● Special Courts:
● It envisages the designation of one or more courts of sessions as Special Court or
Special Courts to try the offences punishable under PMLA.
● Agreement for Central Government:
● It allows the Central Government to enter into an agreement with the Government of
any country outside India for enforcing the provisions of the PMLA, exchange of
information.
● Recent Amendment:
● Doing away with the prerequisite of an FIR or chargesheet by other agencies that are
authorised to probe the offences listed in the PMLA schedule.
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● The scope of “proceeds of crime”, under Section 2, has been expanded to empower the
agency to act against even those properties which “may directly or indirectly be
derived or obtained as a result of any criminal activity relatable to the scheduled
offence”.
● All PMLA offences will be cognisable and non-bailable. It implies that ED
officers are empowered to arrest an accused without warrant.
● Section 72 now includes a part, giving power to the Centre to set up an
Inter-Ministerial Coordination Committee for inter-departmental and inter-agency
coordination for operational and policy level cooperation.
Supreme court Judgement:
Supreme court in the recent judgement in the Vijay
Mandal Chaudhary vs UOI has upheld the amendments
to the Prevention of Money Laundering Act 2002.
● Enforcement Case Information Report
(ECIR):
● Enforcement Case Information
Report (ECIR) cannot be equated
with an FIR.
● Supplying an ECIR in every case to the
person concerned is not mandatory and “it
is enough if the Enforcement Directorate
(ED), at the time of arrest, discloses the
grounds of such arrest”.
● Section 3 of PMLA Act:
● Section 3 of the PMLA Act 2002 has a
wider reach and captures that offence of
money laundering is an independent
offence regarding the process or activity connected with the proceeds of crime.
● The ruling also made it clear that: Offence under Section 3 “is dependent on illegal
gain of property as a result of criminal activity relating to a scheduled offence”.
● Enforcement Directorate:
● The bench upheld the ED’s power under Section 5 of the Act (order provisional
attachment of any proceeds of crime).
● ED Authorities Are Not Police Officers and could not make arrests under
the PMLA, highlighting the importance of adherence to the rule of law and
establishing checks and balances in the ED's operations.
● Article 20(3) Protection Available Only After Arrest & Not At Summons
Stage
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4. Appointment of EC,CBI and CAG - removal and expenditure

norms,Judgement
Appointment and other norms for ECI:
In Anoop Baranwal, a five-judge Bench led by Justice K.M. Joseph had directed that a
three-member Committee comprising the Prime Minister (PM), the Leader of the Opposition (LoP)
and the Chief Justice of India (CJI) would be formed to nominate members to the ECI. This was a
stop-gap arrangement, till Parliament came up with a law for the appointment of
Election Commissioners under Article 324(2) .
Recently parliament passed the chief election commissioner and other election
commissioners (appointment, conditions of service and term of office) bill, 2023
Provision of the Act:
● The Election Commission shall consist of:
● Chief Election Commissioner; and
● Such number of other Election Commissioners as the President may fix from
time to time.
● The Chief Election Commissioner and other Election Commissioners shall be
appointed by the President by warrant under his hand and seal.
● Qualifications of Chief Election Commissioner and other Election Commissioners:
● The Chief Election Commissioner and other Election Commissioners shall
be appointed from amongst persons who are holding or have held a post
equivalent to the rank of Secretary to the Government of India and shall be
persons of integrity, who have knowledge of and experience in management
and conduct of elections.
● A Search Committee headed by the Minister of Law and Justice and comprising
two other members not below the rank of Secretary to the Government of
India, shall prepare a panel of five persons for consideration of the Selection
Committee.
● The Chief Election Commissioner and other Election Commissioners shall be appointed
by the President on the recommendation of a Selection Committee consisting of
● The Prime Minister—Chairperson
● The Leader of Opposition in the House of the People—Member
● A Union Cabinet Minister to be nominated by the Prime
Minister—Member
● If there is no leader of opposition then leader of single largest party in opposition.
● The Selection Committee may also consider any other person than those
included in the panel by the Search Committee.
● Chief Election Commissioner and other Election Commissioners shall hold
office for a term of six years from the date on which he assumes his office or till he
attains the age of sixty-five years.
● The Chief Election Commissioner and other Election Commissioners shall not be eligible for
re-appointment
● Salary, allowances and other conditions of service of chief election
commissioner and other election commissioners:
● The Chief Election Commissioner and other Election Commissioners shall
be paid a salary which is equal to the salary of a Judge of the Supreme
Court.
● Provided that the Salary, allowances and other conditions of service of the Chief
Election Commissioner and other Election Commissioners, holding office
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immediately before the date of commencement of this Act shall not be varied to their
disadvantage.
● Resignation and Removal:
● The Chief Election Commissioner or an Election Commissioner may, at
any time, by writing under his hand addressed to the President, resign his
office.
● The Chief Election Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge of the Supreme
Court.
● The other Election Commissioners shall not be removed from office except
on the recommendation of the Chief Election Commissioner.
Appointment and other norms for CBI:
CBI was set up by a resolution of the Ministry of Home Affairs in 1963 after
recommendations by the Santhanam committee and DPSE was made a part of it. At
present, CBI is a premier investigative agency with a dual responsibility and operates under the
Ministry of Personnel, Public Grievances and Pensions.
As per the Section 4 of the DPSE Act, the Central Government shall appoint the Director on
the recommendation of the Committee consisting of:
● The Prime Minister (PM)
● The Leader of Opposition and
● The Chief Justice of India (CJI) or Judge of the SC nominated by him/her
The Committee shall recommend a panel of officers
● On the basis of seniority, integrity and experience in the investigation of anti corruption
cases
● Chosen from amongst officers belonging to the Indian Police Service constituted under the
All-India Services Act, 1951
Tenure of CBI Director:
● Amendments in DSPE Act: Provided that the period for which the Director holds
the office on his initial appointment may, in public interest, on the
recommendation of the Committee (the committee led by the Prime Minister and
leader of Opposition and CJI as members) and for the reasons to be recorded in writing, be
extended up to one year at a time.
● Provided further that no such extension shall be granted after the completion
of a period of five years in total including the period mentioned in the initial
appointment(2+1+1+1).
#Functions of CBI:
➢ Investigating cases of corruption and fraud committed by public servants of
all Central Govt. Departments, Central Public Sector Undertakings and
Central Financial Institutions.
➢ Investigating economic crimes, including bank frauds, financial frauds, Import Export &
Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property
and smuggling of other contraband items etc.
➢ Investigating special Crimes, such as cases of terrorism, bomb blasts, sensational
homicides, kidnapping for ransom and crimes committed by the mafia/the underworld.
➢ Coordinating the activities of the anti-corruption agencies and the various state police
forces.
➢ Taking up, on the request of a state government, any case of public importance for
investigation.
➢ Maintaining crime statistics and disseminating criminal information
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#Powers and Jurisdiction of CBI:
➢ Section 3 of the DSPE Act confers upon the CBIs concurrent and co-extensive
powers to carry out the investigation of the offences mentioned under the
same section.
➢ According to Section 6 of the DSPE Act, The Central Government has the
power to extend the jurisdiction of the CBI to any area, except union
territories, that falls within the geographical boundaries of India, subject to
the consent of the state so concerned.
➢ An additional power conferred in the CBI Constitution is that CBI can correspond with and
demand information from any Ministry or Department of the central or State Government
➢ The officers of the CBI also have the added power of being exempt from the provisions of
the Right to Information Act of 2005.
#How CBI Functions:
➢ Provision of Prior Permission:
➤ The CBI is required to obtain the prior approval of the Central Government before
conducting any inquiry or investigation into an offence committed by officers of the
rank of joint secretary and above in the Central Government and its authorities.
➤ However, in 2014, the Supreme Court held it invalid and held that Section 6A of the Delhi
Special Police Establishment Act, which granted protection to joint secretary and above
officers from facing even a preliminary inquiry by the CBI in corruption cases, was
violative of Article 14.
➢ General Consent Principle for CBI:
➤ The consent of the state government to CBI can be either case-specific or “general”.
➤ General consent is normally given by states to help the CBI in the seamless investigation
of cases of corruption against central government employees in their states.
➤ This is essentially consent by default, which means CBI may begin investigations taking consent as
having been already given.
➤ In the absence of general consent, CBI would have to apply to the state government for its
consent in every individual case, and before taking even small actions.
Appointment and other norms for CAG:

Under Article 148, The Constitution of India provides for an independent office of the
Comptroller and Auditor General of India (CAG).
● CAG is the head of the Indian Audit and Accounts Department.
● He is the guardian of the public purse and controls the entire financial system of
the country at both the levels–the Centre and the state.
● His/Her duty is to uphold the Constitution of India and the laws of Parliament in the field
of financial administration.
● He is one of the bulwarks of the democratic system of government in India.
Articles Description
Article 148 ● Appointment: There shall be a Comptroller and Auditor General(CAG) of India
who shall be appointed by the President by warrant under his hand and seal.
● Salary and other conditions of service: determined by Parliament by law.
● Further office/reappointment: not eligible for further office under both central
as well as state government.
● Expenditure charged upon CFI: The entire expense, including the salaries,
allowances, and pensions of the CAG and persons serving in that office, is charged
upon the Consolidated Fund of India (CFI).
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Article 149 ● Duties and powers to be determined by Parliament: The CAG shall perform such
duties and exercise such powers as may be prescribed by or under any law made by
Parliament.
Article 150 ● Form of accounts of union and states: The accounts of the union and of the states shall be
kept in such form as the President may, on the advice of the CAG, prescribe.
Article 151 ● Reports of CAG: The reports of the CAG relating to the accounts of the union shall be
submitted to the President, who shall cause them to be laid before each House of
Parliament.
● Certification of net proceeds: He ascertains and certifies the net proceeds of any tax or
Article 279 duty. His certificate is final. The ‘net proceeds’ means the proceeds of a tax or a duty
minus the cost of collection.
Comptroller ● Tenure: He holds office for a period of six years or upto the age of 65 years,
and Auditor whichever is earlier.
General of ● Resignation: He can resign any time from his office by addressing the resignation letter to
India the President.
(Duties, ● Removal: He can be removed by the President on the same grounds and in the
Powers, and same manner as a judge of the Supreme Court.
Conditions ● Condition of service: His salary and service conditions are determined by Parliament and
of Service) can’t be varied to his disadvantage after his appointment
Act, 1971
Accordingly, the Parliament enacted the CAG’s (Duties, Powers and Conditions of
Service) act, 1971. This Act was amended in 1976 to separate accounts from audit in
the Central government.
The duties and functions of the CAG as laid down by the Parliament and the
Constitution are:
● He/She audits the accounts related to all expenditures from the Consolidated
Fund of India, the consolidated fund of each state and the consolidated fund of
each union territory having a Legislative Assembly.
● He/She audits all expenditures from the Contingency Fund of India and the
Public Account of India as well as the contingency fund of each state and the
public account of each state.
● He/She audits all trading, manufacturing, profit and loss accounts, balance sheets and other
subsidiary accounts kept by any department of the Central Government and state
governments.
● He/She audits the receipts and expenditures of the Centre and each state to satisfy himself
that the rules and procedures in that behalf are designed to secure an effective check on the
assessment, collection and proper allocation of revenue.
● He/She audits the receipts and expenditures of the following:
● All bodies and authorities substantially financed from the Central or state
revenues;
● Government companies; and
● Other corporations and bodies, when so required by related laws.
● He/She audits all transactions of the Central and state governments related to debt, sinking
funds, deposits, advances, suspense accounts and remittance business.
● He also audits receipts, stock accounts and others, with the approval of the President, or
when required by the President.
● He/She audits the accounts of any other authority when requested by the
President or Governor. For example, the audit of local bodies.
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● He/She advises the President with regard to the prescription of the form in which the
accounts of the Centre and the states shall be kept (Article 150).
● He/She submits his audit reports relating to the accounts of the Centre to the
President, who shall, in turn, place them before both Houses of Parliament (Article 151).
● He/She submits his audit reports relating to the accounts of a state to the
governor, who shall, in turn, place them before the state legislature (Article
151).
● He/She ascertains and certifies the net proceeds of any tax or duty (Article 279). His
certificate is final. The ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of
collection.
● He/She acts as a guide, friend and philosopher of the Public Accounts
Committee of the Parliament.
● However, unlike the legal and regulatory audit, which is obligatory on the part
of the CAG, the propriety audit is discretionary.
● He/She compiles and maintains the accounts of state governments. In 1976, he
was relieved of his responsibilities with regard to the compilation and
maintenance of accounts of the Central Government due to the separation of
accounts from audit, that is, the departmentalisation of accounts
The CAG is an agent of the Parliament and conducts audits of expenditures on behalf
of the Parliament. Therefore, he is responsible to the Parliament.
CAG in India CAG in Britain
● He is only performing the role of an Auditor ● He has the power of both the Comptroller and the
General and not of a Comptroller. Auditor General.
● He audits the accounts after the expenditure is ● No money can be drawn from the public
committed i.e., ex post facto. exchequer without the approval of the CAG.
● He is not a member of the Parliament. ● He is a member of the House of Commons.
5.Suspension of MPs - LS vs RS, SC Judgement
Suspension of MPs:
To ensure smooth proceedings and maintain order, the Presiding Officer — Speaker of Lok Sabha
and Chairman of Rajya Sabha — of the House has the power to force a Member to withdraw from
the House.
Grounds for Suspension:
The grounds for suspension are covered under the Rules of Procedure and Conduct of
the House. This includes-
● In the opinion of the Chairman, the conduct is grossly disorderly
● Disregards the authority of the Chair or abuses the rules of the House by persistently and
willfully obstructing” business.
For Lok Sabha:
Rule 373 The presiding officer of each House can direct an MP to withdraw from the
legislative chamber for grossly disorderly conduct. The MP then has to
remain absent from the proceedings of the House for the remainder of
the day.
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Rule 374 The presiding officers can also “name” an MP for “persistently and
wilfully obstructing the business” of the House. In such a case, usually, the
Parliamentary Affairs Minister moves a motion for suspending the
offending MP from the service of the House. The suspension can last until
the end of the session. Provided that the House may, at any time, on a motion
being made, resolve that such suspension be terminated
Rule 374A Notwithstanding anything contained in rules 373 and 374, in the event of
grave disorder occasioned by a Member coming into the well of the House or abusing
the Rules of the House persistently and wilfully obstructing its business by shouting
slogans or otherwise
In 2001, the Lok Sabha rule was amended to give the Speaker
one additional power. A new rule, 374A, empowers the Speaker to
automatically suspend member from the service of the House for five
consecutive sittings or the remainder of the session, whichever is less:
Provided that the House may, at any time, on a motion being made, resolve that such
suspension be terminated
For Rajya Sabha:
Rule 255 Like the Speaker in Lok Sabha, the Chairman of Rajya Sabha is empowered
under Rule Number 255 of its Rule Book to “direct any Member whose
conduct is in his opinion grossly disorderly to withdraw immediately”
from the House
Rule 256 Under Rule 256, the Chairman may “name a Member who disregards the
authority of the Chair or abuses the rules of the Council by persistently
and wilfully obstructing” business. In such a situation, the House may
adopt a motion suspending the Member from the service of the House
for a period not exceeding the remainder of the session. The House may, by
another motion, terminate the suspension.
Terms of Suspension:
● The maximum period of suspension is for the remainder of the session (However, the
House at any point of time can reinstate a suspended member by passing a motion).
● Suspended members cannot enter the chamber or attend the meetings of the committees.
● He/she will not be eligible to give notice for discussion or submission.
● He/she loses the right to get a reply to his questions.
SC Judgements:
Maharashtra MLA While Article 122 of the Indian Constitution says parliamentary proceedings
suspension case can’t be questioned by the judiciary, the courts have intervened in some cases. For
example, in 2021, the Maharashtra Legislative Assembly passed a resolution to
suspend 12 BJP MLAs for a year. The SC held the resolution was ineffective
beyond the remainder of the Monsoon session.
Raghav Chadda case While hearing the writ petition filed by Aam Aadmi Party (AAP) leader
Raghav Chadha challenging his suspension from the Rajya Sabha on
August 11 during the monsoon session, the Supreme Court expressed
grave concern over the indefinite suspension of a Member of
Parliament and its impact on the right of the people to be represented.
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6.Expunging Speech in House and Unparliamentary words

Expunging Speech:
What are the rules on expunging from the record?
● Article 105(2) of the Constitution states that no member of Parliament shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in Parliament
or any committee thereof.
● However, their speeches are subject to the discipline of the Rules of Parliament,
the “good sense” of its Members and the control of proceedings by the Speaker.
● Rule 380 of the Rules of Procedure and Conduct of Business in Lok Sabha gives
the Speaker and in case of RS Chairman the discretion to expunge any words
or expressions used in the debate that is considered defamatory, indecent,
unparliamentary or undignified.
● Rule 381 says: “The portion of the proceedings of the House so expunged shall
be marked by asterisks and an explanatory footnote shall be inserted in the
proceedings as follows: ‘Expunged as ordered by the Chair’.”
How is the decision to expunge a word (or portion of a speech) taken?
● If a member uses a word that could be unparliamentary or indecent and hurts the decorum
or dignity of the House, the head of the reporting section sends it to the Speaker
or the Presiding Officer citing relevant rules and precedence with a
recommendation to expunge them.
● The Speaker has the discretion under Rule 380 to expunge the word or usage.
● Once the Speaker expunges the word or usage, it comes back to the reporting section which
removes the word from the records and mentions it in the proceedings as “expunged as
ordered by the chair”.
● The expunged portions cease to exist in the records of Parliament and cannot
be reported by media houses, although they may have been heard during the
live telecast of the proceedings.
Unparliamentary words:
● There are phrases and words, literally in thousands, both in English and in
Indian languages, that are considered “unparliamentary”.
● The Presiding Officers — Speaker of Lok Sabha and Chairperson of Rajya Sabha —
have the job of keeping such words out of Parliament’s records.
● For their reference, the Lok Sabha Secretariat has brought out a bulky tome titled
‘Unparliamentary Expressions’.The last such book was published in 2009.
● The book has several words and expressions that would probably be considered rude or
offensive in most cultures. However, it also has stuff that is likely to be thought of as being
fairly harmless or innocuous.
● The state legislatures too are guided mainly by the same book, first compiled in
1999.
● In 1999 references were taken from:
● Debates and phrases declared unparliamentary by the pre-Independence Central
Legislative Assembly
● The Constituent Assembly of India
● The Provisional Parliament
● The first to the tenth Lok Sabhas and Rajya Sabha, state legislatures.
● And Commonwealth parliaments like that of the United Kingdom.
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7.Special session and special sitting and Presidential Address.

Sessions of Parliament:
Article 85 of the Constitution deals with summon , dissolution and prorogation.
While there is no fixed schedule, the provisions of the Article specify that the
President must summon the Houses to meet at least once within six months.
● Although the Constitution doesn’t provide for a fixed number of sessions or days of sitting,
three sessions are typically held each calendar year — the Budget, Monsoon, and Winter
sessions.
● Since then, dates have been shuffled, and the duration has also varied as per the legislative
agenda of the government.
● The Budget Session is usually the longest. It commences towards the end of January,
concludes by April-end and includes a recess(3 weeks) for Parliamentary Standing
Committees to consider the budget.
● It is followed by the Monsoon Session which begins in July and concludes in August. The
Winter Session is usually held from November to December.
Who has authority to call for session:
● The Central government has the authority to call for a session, and the Cabinet
Committee on Parliamentary Affairs (CCPA), which includes several Cabinet
ministers, determines the date and number of sittings.
● After finalising the session schedule, the President calls upon the Members of
Parliament to convene for the upcoming session.
● The MPs are informed about the number of sittings and other details about the tentative
business of the House through the summons sent by the President.
Special Session and Special Sitting :
● The term ‘special session’ is not explicitly mentioned in the Constitution or in
the rulebooks of the two Houses of Parliament.
● The term sometimes refers to sessions the government has convened for specific occasions,
like commemorating parliamentary or national milestones.
● Several special sessions including midnight sessions have been called for a
special purpose or agenda, or to mark occasions of national significance.
● The first such sitting was held on the eve of Independence in 1947 to mark the transfer of
power from the British to India.
● This was followed by a special session in 1962 during the Indo-China war when the Winter
Session was advanced to discuss the Chinese aggression.
● The government convened a sitting in August 1972 to mark 25 years of Independence.
● In 1992, a midnight session was called to mark the 50th anniversary of the Quit India
Movement.
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● A few years later, in August 1997, a six-day special session was called to commemorate 50
years of Independence.
● The present government called its first joint midnight session in 2017 to roll out the GST.
Article 352 (Proclamation of Emergency) of the Constitution does refer to a “special sitting of the
House”.
● Parliament added the part relating to the special sitting through the Constitution (Forty-fourth
Amendment) Act, 1978.
● Its purpose was to add safeguards to the power of proclaiming Emergency in the country. It
specifies that if a Proclamation of Emergency is issued and Parliament is not in session,
then one-tenth of Lok Sabha MPs can ask the President to convene a special meeting to
disapprove the Emergency.
Presidential Address,Motion of Thanks:
Constitutional Provisions:
● Article 86(1) of the Constitution provides that the President may address either
House of Parliament or both Houses assembled together, and for that purpose
require the attendance of members. However, since the commencement of the
Constitution, there has not been any occasion when the President has
addressed either House or both Houses assembled together, under the
provision of this article.
● Article 87 provides for the special address by the President:
● Clause (1) of that article provides that at the commencement of the first session
after each general election to the House of the People and at the
commencement of the first session of each year
● The President shall address both Houses of Parliament assembled together and
inform Parliament of the causes of its summons.
● Such an Address is called 'special address'; and it is also an annual feature.
● No other business is transacted till the President has addressed both Houses of
Parliament assembled together. The time and date of the President's Address are
notified in the Parliamentary Bulletin.
● If at the time of commencement of the first session of the year, Lok Sabha
is not in existence and has been dissolved, and Rajya Sabha has to meet, Rajya
Sabha can have its session without the President's Address. This happened
in 1977, when during the dissolution of Lok Sabha, Rajya Sabha had its session on 28
February 1977 without the President's Address.
● Content of special address:
● The President's Address is the statement of policy of the Government and,
as such, is drafted by the Government which is responsible for its contents.
● The Address contains a review of various activities and achievements of the
Government during the previous year and sets out the policies, projects and
programmes which Government of the day wishes to pursue with regard to the
important national and international issues.
● The Address also indicates, in broad terms, items of legislative business which are
proposed to be brought during the sessions to be held in that year.
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Discussion on the Address by Motion of Thanks:
● Clause(2) of article 87 of the Constitution requires that provision shall be made by
the rules regulating the procedure of either House for the allotment of time for
discussion of the matters referred to in the President's Address.
● Under rules of houses, discussion on the matters referred to in the President's
Address takes place on a Motion of Thanks moved by a member and seconded by
another member.
● Members who are to move and second the Motion are selected by the Prime
Minister and the notice of such a motion is received through the Ministry of Parliamentary
Affairs.
● The scope of the discussion on the Address is very wide and members are at liberty
to speak on every matter of national or international importance and other issues.
● Generally, three to four days are allotted for the discussion on the Motion of
Thanks.
● The discussion may also be postponed in favour of an urgent Government Bill or other
business.
● The time allotted by the House for discussion on the Motion of Thanks is
distributed amongst various parties and groups in proportion to their strength
in the House.
● At the end of the discussion, the Prime Minister replies to the debate.
● Thereafter, the amendments are disposed, and then the Motion of Thanks is put to vote in
the House. If any of the amendments is accepted then the Motion of Thanks is
adopted in the amended form.
● The Motion of Thanks must be passed in the House. Otherwise, it amounts to the
defeat of the government. It is one of the ways through which the Lok Sabha
can also express a lack of confidence in the government.
● The limitation of motion of thanks is that the members cannot refer to matters that are not
under the direct responsibility of the Central Government or mention the name of the
President in the debate.
8.Grants: Excess,Supplementary and others

Article 115 of the Indian Constitution provides for supplementary, additional, or
excess grants.
Types of Grants:
Supplement It is granted when the amount authorised by the Parliament through the
ary Grant appropriation act for a particular service for the current financial year is found
to be insufficient for that year.
Additional It is granted when a need has arisen during the current financial year for additional
Grant expenditure upon some new service not contemplated in the budget for that year.
Excess Grant ● It is granted when money has been spent on any service during a financial year in
excess of the amount granted for that service in the budget for that year.
● The Demand for Excess Grants is made after the actual expenditure is incurred and
is presented to Parliament after the end of the financial year in which the expenses were
made.
● Before the demands for excess grants are submitted to the Lok Sabha for voting, they must
be approved by the Public Accounts Committee of Parliament.
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Vote of ● It is granted for meeting an unexpected demand upon the resources of India, when on
Credit account of the magnitude or the indefinite character of the service, the demand cannot be
stated with the details ordinarily given in a budget.
● Hence, it is like a blank cheque given to the Executive by the Lok Sabha.
Exceptional It is granted for a special purpose and forms no part of the current service of any financial year.
Grant
Token Grant ● It is granted when funds to meet the proposed expenditure on a new service
can be made available by reappropriation.
● A demand for the grant of a token sum (of Re 1) is submitted to the vote of the
Lok Sabha and if assented, funds are made available.
● Reappropriation involves transfer of funds from one head to another.
● It does not involve any additional expenditure
9.Sovereignty of house and Independence of Judiciary.

●This doctrine associated with British Parliament Parliament supreme power.
●No legal restrictions on its authority.
●In India there is no parliamentary sovereignty.
●People are the political sovereign in India. Sovereign is the supreme authority
in a territory. The power rests with the people but is exercised through the
Parliament.
Limits on Indian Legislature:
● Written Constitution: In India Constitution is written which put limitations on all
organs of the state. Although parliament can amend the constitution it cannot supersede
the written document. In the UK, as there is no written constitution, the Parliament
possesses legislative sovereignty. So any law passed by it cannot be questioned before any
court on such grounds.
● Independent judiciary and Judicial review: Judiciary is independent and the
guardian of the Constitution. It can declare any law or ordinance passed by the legislature
void if any of its provisions violate one or more of the constitutional provisions.
● Federal structure: Although the constitution says India is a union of states, India is a
federal polity. Various federal provisions especially some special powers for scheduled areas
limit parliament powers where many parliamentary laws are applicable only on presidential
and governor consent.
● Limited amendment power: Parliament can amend most of the part of the constitution
but it cannot amend the ‘basic features of the constitution’. Further, some amendments
need a special majority and states legislature resolution.
● Division of powers: Schedule 7 divides law-making power between the centre and the
state. Parliament cannot make laws on the state list. Any law in state subject would require
the state’s consent through a majority.
● Limit by Presidential vetoes: A bill cannot become law without presidential assent.
President can practice various veto powers like pocket veto that act as a limitation on
parliament sovereignty.
● Limited Doctrine of ‘Separation of Powers’: In India, there is no strict application of
the doctrine of separation of powers. So if the legislature encroaches into the functions of
the other organs, the judiciary can prevent it to do so.
● Bar on the discussion of the conduct of judges: Article 121 and 211 of the Indian
Constitution states that no discussion shall take place in the Legislature of a state or in the
Parliament concerning the conduct of any judge of the Supreme Court or of the High court
in the discharge of his duties. Thus legislature has no power to discuss judge’s conduct.
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Independence of Judiciary:
How Judiciary is Independent in India?
● Separation of Powers: The Constitution of India, 1950 (COI) provides for the separation
of powers among the legislature, executive, and judiciary, ensuring that each branch
operates independently within its sphere of authority.Separation of judiciary from the
executive is ensured in article 50 of the constitution.
● Appointment and Tenure:
○ Judges of the higher judiciary, including the Supreme Court and High Courts, are
appointed by the President of India based on the recommendation of the Collegium
system, which consists of the Chief Justice of India and a group of senior judges.
○ The Constitution provides for security of tenure and conditions of service
to ensure judicial independence.
○ Appointments of officers and servants of the Supreme Court shall be

made by the Chief Justice of India or such other Judge or officer of the
Court as he may direct
● Judicial Review: The judiciary in India has the power of judicial review, enabling it to
examine the constitutionality of laws passed by the legislature and actions taken by the
executive.
● Immunity and Privileges: Judges enjoy certain immunities and privileges to protect
them from external pressures or influences while performing their judicial functions.
● Financial Independence: The judiciary is granted financial autonomy to manage its
budgetary requirements independently, reducing the potential for external influence.
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10.Access to justice - constitutional,legal scheme in this regard,Family courts

Legal aid and Access to Justice:
Legal aid means providing free or subsidised legal services to the poor and
marginalised sections of society, who cannot afford to hire a lawyer or pay court fees.
Access to justice means ensuring that everyone has an equal
opportunity to seek and obtain justice, regardless of their socio-economic status,
gender, caste, religion, or any other factor.
Legal Aid and Access to Justice are guaranteed by the Constitution of India, under Articles
14,21 and 39-A, as well as by various laws and schemes enacted by the government and
the judiciary.
Legal aid and access to justice aim to protect the rights and interests of
vulnerable groups, promote the Rule of Law, and enhance public trust in the justice system.
Provisions related to it:

● Legal Services Authority Act (LSAA),1987: LSAA, 1987, came into effect in November
1995 The idea of a legal aid programme was floated in the 1950s. In 1980, the
Committee for Implementing Legal Aid Schemes (CILAS) was established
under the chairmanship of then SC judge Justice PN Bhagwati. As stated under
the Act, the legal aid is to be provided by the State, District, and Taluk Legal
Service Authorities/Commissions formed throughout the country.
● Types of services under the Legal Services Authority Act:
● Structural Organization under LSAA:

● National Level: NALSA was constituted under the Legal Services Authorities Act,
1987.
○ Supreme Court: Supreme Court Legal Services Committee
● State Level: State Legal Services Authority. It is headed by the State HC’s CJ, its
Patron-in-Chief.
○ High Court: High Court Legal Services Committee
● District Level: District Legal Services Authority. The District Judge of the District is
its ex-officio Chairman.
● Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee. A
senior Civil Judge heads it.
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● NALSA:
● It monitors and reviews the effectiveness of legal aid programs.
● It develops rules and principles for providing legal services under the Act.
● It also distributes funding and grants to state legal services authorities and
non-profit organisations to help them execute legal aid systems and initiatives.
● NALSA shall consist of the CJI, who shall be the Patron-in-Chief. A serving
or retired Judge of the SC (nominated by the President, in consultation with the
CJI) who shall be the Executive Chairman.
● Who is eligible to get free legal services?
● Women and children
● Members of SC/ST
● Industrial workmen
● Victims of mass disasters, violence, floods, drought, earthquakes, and industrial
disasters.
● Disabled persons
● Persons in custody
● Victims of Trafficking in Human beings or begar.
● Those persons who have an annual income of less than
● The amount prescribed by the respective State Government, if the case is before
any court other than the SC, and
● Rs. 5 Lakhs if the case is before the Supreme Court.
Central sector scheme named “Designing Innovative Solutions for Holistic Access to
Justice in India (DISHA)”, includes elements such as Tele-law, Nyaya Bandhu, Nyaya
Mitra, and Legal Literacy & Legal Awareness Programme.
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Supreme Court Legal Services Committee:

● The SCLSC was constituted under Section 3A of the Legal Services Authorities Act, 1987,
to provide “free and competent legal services to the weaker sections of society”, in cases falling under
the top court’s jurisdiction.
● Section 3A of the Act states that the National Legal Services Authority (NALSA) shall constitute the
committee.
● It consists of a sitting SC judge, who is the chairman, along with other members possessing
the experience and qualifications prescribed by the Centre.
● Both the chairman and other members will be nominated by the CJI (Chief Justice of
India). Further, the CJI can appoint the Secretary to the Committee.
● The SCLSC consists of a chairperson and nine members nominated by the CJI. The Committee, in
turn, can appoint officers and other employees as prescribed by the Centre, in consultation with the
CJI.
● Justice Gavai nominated as SC Legal Services Committee Chairman: What law says on free legal aid in
India | Explained News - The Indian Express
Reas about lok adalats and Grama nyayalayas on your own.
Family Courts:
➢ Before 1984, all family matters were heard by the ordinary civil court judges
who used to take a long time to provide relief to the parties.
○ The regular courts are burdened with so many civil matters that no attention was
given to the family-related disputes.
➢ The Law Commission in its 59th Report (1974) also emphasised that there is a
need to distinguish the family-related disputes from common civil proceedings
and reforming efforts should be made to settle the disputes between a family.
➢ Therefore, to provide speedy settlement with fewer expenses and formalities, in
disputes relating to marriage and family and to make an agreement between
the parties for their conciliation, the Family Courts Act, 1984 was enacted by
Parliament on 14, September 1984 to establish family courts in India.
Establishment of Family Court:
➢ Section 3 of the Family Court Act, 1984 provides that, the State government, after
consultation with the High Court shall establish the family court in every area
of the state where the population is exceeding 1 million or in the area where the
State government deem necessary.
Appointment of Judges (Section 4):
➢ Section 4 of the Family Courts Act, 1984 says that the state government has the
power to appoint one or more persons as the judges of the family court after
consulting with the High Court.
Types of Cases that are heard in Family Courts:
➢ Dissolution of marriage
➢ Custody of child
➢ Domestic violence
➢ Maintenance
➢ Property disputes
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Jurisdiction of the Family Court (Section 7):
➢ Section 7 of this act grants the family courts the same powers and jurisdiction as
the District Court or Subordinate Civil Courts in their suits and proceedings.
➢ Section 7 (2) gives the family courts the authority to exercise the same jurisdiction as a
Magistrate of the First Class under Chapter IX of the Code of Criminal Procedure, 1973, as
well as any other jurisdiction provided by law.
Procedures followed by the Family Courts:
➢ The family court shall be deemed to be a civil court and shall have the powers of
such court.
➢ Section 10(1) applies the provisions of the Code of Civil Procedure, 1908, in the
suits or proceedings of the family court.
○ Section 10(2) says that the provisions of the CPC, 1908 are applied on the suits and
proceedings of the family court, under chapter IX of the code.
○ Section 10(3) gives power to the family court to lay down its own
procedure according to the circumstances of the suit or proceeding or at
the truth of the facts made by one party and refused by another, intending to arrive
at a settlement.
➢ Section 11 of the act, the proceedings of the family court may be held in camera, if the court
feels so, or any party to the suit wants to do such..
➢ According to Section 14 of the act any report, statement or document, related to the
subject matter is admissible under Indian Evidence Act, 1872 (IEA).
➢ Also, as per Section 15 of the act, it is not necessary for a family court to record the
evidence of a witness at length, only that part is sufficient which is related to
the suit or proceeding, and it should be signed by the judge and the witness.
Duty of Family Court (Section 9):
➢ Section 9 of this act prescribes the duty of the family court to make reasonable
efforts for reconciliation between the parties.
➢ As per Section 9(1), in the first instance, the family court, in every suit or
proceeding, shall make efforts to convince the parties to settle the dispute with
an agreement.
➢ According to Section 9(2), if the family court finds that at any stage of the proceeding there
is a reasonable probability of settlement between the parties, the court has the power to
adjourn the proceedings until the settlement is reached.
Personal Appearance is Mandatory
➢ Personal appearance is mandatory in a family court. Parties must not be entitled to be
represented by a lawyer. They must appear themselves and put their case forward.
Records of Oral Evidence and Affidavit:
➢ The court shall record what the witness deposes, and the memorandum shall be signed and
form a part of a record.
Judgment
➢ The judgment of a family court shall contain a concise statement of the case, the point for
determination, the decision thereon, and the reasons for such decision.
Appeal
➢ An appeal against the judgment passed by the family court can be filed in the High
Court within 30 days of the date of judgment.
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11.Protem speaker in SL and Floor test.

Protem Speaker in State legislature
The Constitution does not expressly use the term ‘Pro-tem Speaker’. Pro-tem Speaker is
a temporary speaker appointed for a limited time period to conduct proceedings in
Parliament or State legislatures. A pro-tem Speaker is ordinarily elected for the first
sitting of a new legislative assembly where the Speaker is yet to be elected.
Who can be appointed as pro-tem Speaker?
● The law on pro-tem speaker is laid down under Article 180(1) of the Constitution
Article 180(1) of the Constitution provides that when the Speaker or Deputy
Speaker positions are vacant, the duties of the Office should be performed by
‘such member of the Assembly as the Governor may appoint for the purpose’.
Are there any ‘Rules of Procedure’ laid down for the appointment of pro-tem
Speaker?
● While there are no specific constitutional or statutory provisions, by constitutional
convention the senior most member of the House has to be chosen as pro-tem
speaker. Seniority in this context refers to the membership in the House and not
the age of the member.
What is the scope of Governor’s ‘discretion’ in appointing a pro-tem Speaker?
● Under Article 163(1), there shall be a Council of Ministers with the Chief Minister as the
head to aid and advice the Governor, except in so far as he is by or under this Constitution
required to exercise his functions or any of them in his discretion.
● In Nabam Rebia (Arunachal Pradesh Case), the court clarified that the
discretion of Governor is not ‘absolute’ but a ‘constitutional’ one. So, he can act
in his discretion on matters provided in the Constitution. As the Governor is
specifically empowered to appoint a pro-tem Speaker under Article 180(1), he may
exercise his discretion independently of the aid and advice of the Council of
Ministers.
Can there be ‘judicial review’ of the Governor’s Discretion?
● Under Article 163(2), the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called in question on the ground
that he ought or ought not to have acted in his discretion.
● In several case laws including S.R. Boomai and Nabam Rebia, the Supreme Court
has held that Governor’s discretion can be challenged on the grounds of:
● Arbitrary exercise of power
● Malafide intention
● If order is passed on extraneous or irrelevant considerations
● If there has been no application of mind. So the appointment of a pro-tem Speaker is
subject to judicial review.
What is the scope of authority of a pro-tem Speaker? Does he enjoy substantive
powers as Speaker or just procedural powers?
● Under Article 188(1), it appears that a pro-tem Speaker only has the power to
administer the oath to Assembly Members. However, under Article 180(1), a
pro-tem Speaker may discharge all the powers and functions of the Speaker.
● Ordinarily, under Article 212(1), courts are barred from reviewing the validity
of legislative proceedings on the grounds of “irregularity of procedure”.
However, in Raja Ram Pal case, a constitutional bench of the Supreme Court
clarified that it may judicially review a Speaker’s decision for illegality.
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Floor Test:
A floor test (also called a ‘trust vote’) is held in legislative bodies, to find out whether the
government that is suspected to have lost the majority still retains the confidence of
the House. This is done through a vote among the members.
Who calls for the floor test:
● When the House is in session, it is the Speaker who can call for a floor test.
● But when the Assembly is not in session, the Governor’s residuary powers
under Article 163 allow him to call for a floor test.
In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya
Pradesh Legislative Assembly & Ors, upheld the powers of the Speaker to call for a floor
test if there is a prima facie view that the government has lost its majority.
Procedure During a Floor Test:
● When the legitimacy of the ruling government's majority is questioned, the leader of the
party claiming majority support must move a vote of confidence.
● The Chief Minister initiates a motion seeking a vote of confidence, where
present MLAs cast their votes.
● If the majority of members vote in favor, the government retains power; otherwise, the
Chief Minister must resign.
● Various methods, including voice voting, electronic voting, and physical division of votes,
are utilized to conduct the voting process.
● Also in situations when there are differences within a coalition government, the Governor
can ask the Chief Minister to prove majority in the house.
There is another test, Composite Floor Test:
● Which is conducted only when more than one person stakes claim to form the
government.
● When the majority is not clear, the governor might call for a special session to see
who has the majority. The majority is counted based on those present and voting.
● This can also be done through a voice vote where the member can respond orally or through
division voting. Some legislators may be absent or choose not to vote. In division vote,
voting can be done through electronic gadgets, ballots or slips.
● The person who has the majority will form the government. In case of tie, the
speaker can also cast his vote.
12.Original and Advisory Jurisdiction of SC:
Read original jurisdiction of SC from any standard source.
Advisory Jurisdiction:
Article 143 confers advisory jurisdiction on the Supreme Court and provides for the
power of President to consult the Supreme Court:
● It says that if it appears to the President that a question of law or fact has arisen,
or can arise in future which is of public importance and it is beneficial to obtain the
opinion of the Supreme Court, he may refer the question for consideration and the
Court may, after such hearing report to the President its opinion( Article
143(1)
● Further, the President may, notwithstanding anything in the proviso to Article
131, refer a dispute of the kind mentioned in the said proviso to the Supreme
Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report
to the President its opinion.( Article 143(2)
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Article 74(1) mandates the President to act in accordance with the aid and advise of
his council of ministers. Therefore, though the reference may go in the name of the President ,
in reality, the reference is by the council of ministers. But the Supreme Court cannot verify
or examine as to whether the reference is by the President himself or on the advise of
the council of ministers in view of the constitutional bar contained in Article 74(2).
But if the President consults the Supreme Court under Article 143 in the absence of
an advise from the council of ministers, he will be committing a violation of the
Constitution for which he may be impeached.
Is the Supreme Court bound to answer the reference?
The only discretion the Supreme Court has is either to answer the reference or respectfully decline
to send a report to the President
In Kerala Education Bill, 1957, In re, 1959 SCR 995 , the Court opined that it is:
● Obligatory on the Supreme Court to entertain a reference and to report to the
President it’s opinion if the reference is under article 143(2)
● But under clause (1), the Court has a discretion and may in a proper case and for
good reasons decline to express any opinion on the questions submitted to it.
Is the President bound by the advisory opinion of Supreme Court?
● The marginal note of Article 143 reads “Power of President to Consult Supreme
Court”.
● The word “consult” shows beyond doubt that the President is not bound to give
effect to the opinion.
● Further, an opinion cannot be enforced or executed. Also, Article 142 which deals with
the enforcement of decrees and orders of Supreme Court, and under clause (1)
it states that only decrees and orders of the Supreme Court can be enforced.
Since an opinion is neither a decree nor an order, it cannot be enforced.
13.Powers of SLA and SLC wrt to state legislature:
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14.Disqualification of MP - Under constitution and RoPA,1951:
Under ➢ Disqualification is through Articles 102(1) and 191(1) for disqualification

Constitutional of a member of Parliament and a member of the Legislative Assembly
provisions respectively. The grounds here include:
➤ holding an office of profit
➤ being of unsound mind or insolvent or
➤ not having valid citizenship.
Under ➢ It is in the Tenth Schedule of the Constitution, which provides for the
Anti-Defection disqualification of the members on grounds of defection.
law ➤ If an elected member voluntarily gives up his membership of a political party.
➤ If he votes or abstains from voting in such House contrary to any direction
issued by his political party or anyone authorized to do so, without obtaining
prior permission.
➤ If any independently elected member joins any political party.
➤ If any nominated member joins any political party after the expiry of six
months.
Exception: Law allows a political party to merge with or into another party
provided that 2/3rd of its legislators are in favour.
Any question regarding disqualification arising out of defection is to be
decided by the presiding officer of the House
Under RPA , ➢ Section 8 deals with Disqualification of representatives on conviction for

1951 certain offences. The various sub-clauses include:
➢ 8 ( 1 ): A person convicted of an offence punishable under certain
acts of Indian Penal Code, Protection of Civil Rights Act 1955,
Unlawful Activities (Prevention) Act 1967, Prevention of Corruption
Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified,
where the convicted person is sentenced to —
➢ only fine, for a period of six years from the date of such conviction;
➢ imprisonment, from the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.
➢ 8 (2): A person convicted for the contravention of—
➢ any law providing for the prevention of hoarding or profiteering; or
➢ any law relating to the adulteration of food or drugs; or
➢ any provisions of the Dowry Prohibition Act, 1961.
➢ 8 (3): A person convicted of any offence and sentenced to
imprisonment for not less than two years [other than any offence
referred to in sub-section (1) or sub-section (2) shall be disqualified
from the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.
➢ Section 9 of RPA 1951 provides for disqualification of member of
parliament in cases of corruption.
➢ Section 10 of RPA 1951 provides for disqualification of member in
cases he/she holds any government office.
➢ Section 10A Disqualification for failure to lodge account of election
expenses.
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#Remedies available for disqualified
persons:
➢ Approach to ECI under Section 11:
The disqualified person can
approach the Election Commission
for removal of disqualification under
Section 11 of the Act (except
disqualification on the ground of
corrupt practices).
➢ Approach to SC under Section 116
A: If the disqualification has resulted
due to an election petition filed in
High Court, then the person can
approach Supreme Court for appeal
under Section 116A.
➢ Legislative pardon: The legislature can pardon a disqualified legislator by passing a
resolution with a two-thirds majority. For example, in 2019, the Maharashtra Legislative
Council passed a resolution pardoning an MLA, who was disqualified for submitting a false
affidavit.
#SC Judgements related to disqualification:
Kihoto Hollohan vs. In this case, the Supreme Court upheld the validity of the Tenth
Zachillhu and Others Schedule of the Constitution. The court ruled that the decision of the
(1992) Speaker on the question of disqualification of a member is subject to
judicial review, but the courts should not interfere unless the
decision is mala fide, arbitrary or violative of the Constitution.
Jaya Bachchan vs. Union In this case, the Supreme Court held that the appointment of Jaya Bachchan as a
of India and Others member of the Rajya Sabha (Upper House of Parliament) was invalid as she was
(2006) holding an office of profit at the time of her appointment. The court observed
that the disqualification of a legislator on the ground of holding an
office of profit is not limited to offices which involve the receipt of a
salary or a fee, but includes any office which carries with it the right
to remuneration or profit.
Ravi S. Naik vs. Union of In this case, the Supreme Court held that the power of the Speaker to
India and Others (1994) disqualify a member under the Tenth Schedule is a quasi-judicial
power and that the Speaker must give the affected member an
opportunity to be heard.
Even in the absence of a formal resignation
from membership, an inference can be drawn from the conduct of a
member that he has voluntarily given up his membership of the
political party to which he belongs
Rajendra Singh Rana vs. In this case, the Supreme Court held that a legislator can be
Swami Prasad Maurya disqualified under the anti-defection law even if he/she abstains from
and Others (2007) voting in the House. The court observed that abstention from voting on a
motion of confidence or no confidence is not a neutral act, but is a conduct which
facilitates the success of one side or the other.
Naik and Balasaheb Patil Defiance of whip by absenting oneself or being present and voting in
violation of it as well as severe criticism of the government and seeking
its change incurs disqualification. Reports showing dissidents joining or
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acting in concert with other political parties is culpable conduct.

Remaining incommunicado, failure to attend legislature party meetings, threats
to topple the government, all constitute voluntary giving up of membership.
In Lily Thomas v. Union The SC held that Section 8(4) of The Representation of the People Act,
of India (2013) 1951 is unconstitutional which allows MPs and MLAs who are
convicted to continue in office till an appeal against such conviction
is disposed of.The court held that MP/ MLA convicted for two years
or above would be disqualified immediately.
Krishnamurthy v. The SC held that disclosure of criminal antecedents (especially heinous

Sivakumar & Ors (2015) crimes) of a candidate at the time of filing of nomination paper as
mandated by law was a categorically imperative.
Lok Prahari v Union of In this case SC clarified that a disqualification triggered by a conviction
India (2018) will be reversed if the conviction is stayed by a court.
Ashwini Kumar Upadhyay In this case, the Supreme Court directed the central government to
vs. Union of India and expedite the process of setting up special courts to try cases against
Others (2021) MPs and MLAs, including cases related to the disqualification of
legislators.
Sachin Choudhary vs. In this case, the Supreme Court held that a legislator cannot be
Rajiv Singh and Others disqualified on the ground of non-disclosure of criminal cases
(2021) pending against him/her at the time of filing the nomination papers,
as the law requires disclosure only of convictions and not pending
cases.
15.Vacating seat in house - absent for 60 days , SC judgement

The 12 MLAs of Maharashtra assembly were suspended for One year on July 5 last
year after the state government accused them of “misbehaving” with the presiding
officer, Bhaskar Jadhav, in the Speaker’s chamber.
Arguments By the Supreme Court:
➢ Violation of Basic Structure of the Constitution: The basic structure of the
Constitution would be hit if the constituencies of the suspended MLAs remained
unrepresented in the Assembly for a full year.
➢ Constitutional Requirement: The bench referred to Article 190 (4) of the Constitution,
which says, “If for a period of sixty days a member of a House of the Legislature of a State is
without permission of the House absent from all meetings thereof, the House may declare
his seat vacant.”
➢ Statutory Requirement: Under Section 151 (A) of The Representation of the People Act,
1951, “a bye-election for filling any vacancy shall be held within a period of six months from
the date of the occurrence of the vacancy”.
➢ This means that barring exceptions specified under this section, no
constituency can remain without a representative for more than six
months.
➢ Punishing Whole Constituency: The Supreme Court said that the one-year suspension
was prima facie unconstitutional as it went beyond the six-month limit, and amounted to
“not punishing the member but punishing the constituency as a whole”.
➢ Constitutional experts, however, say that the court has clarified in previous rulings that the
judiciary can intervene in case of an unconstitutional act done by the House.
➢ House has authority to suspend but not beyond 59 days. The House is also
governed by the Constitution and fundamental rights
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16. Elections- notification related points and powers of EC,Political

funding,Nomination as national party and IT norms for parties,Delimitation
commission,Registration-deregistration of parties,corrupt practices,Star
campaigners,Postal ballot,VVPAT.
Election notification and powers of Election commission:
Article 324 The superintendence, direction and control of the preparation of

the electoral rolls for, and the conduct of, all elections to Parliament
and to the Legislature of every State and of elections to the offices of President
and Vice-President held under this Constitution shall be vested in a
Commission (referred to in this Constitution as the Election
Commission).
Article 325 There shall be one general electoral roll for every territorial
constituency for election to either House of Parliament or to the
House or either House of the Legislature of a State and no person
shall be ineligible for inclusion in any such roll or claim to be included in
any special electoral roll for any such constituency on grounds only
of religion, race, caste, sex or any of them.
Article 326 The elections to the House of the People and to the Legislative
Assembly of every State shall be on the basis of adult suffrage
Article 327 Parliament may from time to time by law make provision with respect
to all matters relating to, or in connection with, elections to either House of
Parliament or to the House or either House of the Legislature of a State.
Article 328 Power of Legislature of a State to make provision with respect to

elections to such Legislature.
Article 329 ➢ The validity of any law relating to the delimitation of

constituencies or the allotment of seats to such constituencies,
made or purporting to be made under article 327 or article 328, shall not
be called in question in any court.
➢ No election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in
question except by an election petition.
Powers of Election commission:
Administrative ➢ To determine the territorial areas of the electoral constituencies

throughout the country on the basis of the Delimitation
Commission Act of Parliament.
➢ To prepare and periodically revise electoral rolls and to register all
eligible voters.
➢ To grant recognition to political parties and allot election symbols
to them.
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➢ Election Commission ensures a level playing field for the political parties in
election fray, through strict observance by them of a Model Code of
Conduct evolved with the consensus of political parties.
➢ It decides the election schedules for the conduct of elections,
whether general elections or bye-elections.
Advisory and ➢ Under the Constitution, the Commission has advisory jurisdiction in
Quasi-Judicial the matter of post-election disqualification of sitting members of
Parliament and State Legislatures.
○ The opinion of the Commission in all such matters is binding on the
President or, as the case may be, the Governor to whom such opinion is
tendered.
➢ Further, the cases of persons found guilty of corrupt practices at
elections which come before the SC and High Courts are also
referred to the Commission for its opinion on the question as to
whether such person shall be disqualified and, if so, for what period.
➢ The Commission is vested with quasi-judicial power to settle
disputes relating to splits/ mergers of recognised political parties.
➢ The Commission has the power to disqualify a candidate who has
failed to lodge an account of his election expenses within the time
and in the manner prescribed by law.
Political funding and IT norms:

Money received by the political parties and the expenditure done by them in the process of election
(directly or indirectly) come under the ambit of Electoral Funding/Financing.
Electoral financing law can be studied under three broad sub-groups:
● Limits on political contributions and party and candidate expenditure.
● Disclosure norms and requirements
● State funding of elections
Electoral funding in India is broadly governed by the provisions of the:
● Representatives of People Act (RoPA), 1951
● The Conduct of Election Rules, 1961
● The Companies Act, 2013
● The Income Tax Act, 1961.
Statutory Provisions:
● Section 29B of the Representation of the People Act (RPA) entitles parties to
accept voluntary contributions by any person or company, except a Government
Company.
● Section 29C of the RPA mandates political parties to declare donations that
exceed 20,000 rupees. Such a declaration is made by making a report and submitting
the same to the EC. Failure to do so on time disentitles a party from tax relief
under the Income Tax Act, 1961.
● Political parties registered with the Election Commission of India are exempt
from paying Income Tax under Section 13A of Income Tax Act, 1961 as long as
the political parties file their Income Tax Returns every Assessment Year along
with their audited accounts, Income/ Expenditure details and balance sheet.
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● At present, political parties are not required to reveal the names of individuals or
organizations who donate less than Rs 20,000 or those who donate via
Electoral Bonds.
● For the first time, the ECI suspended the recognition of a political party (National
People’s Party) for failing to submit its Lok Sabha expenditure statement
incurred in 2014 which prompted the party to duly file its statement
Methods:
● Individual Persons: Section 29B of RPA allows political parties to receive donations
from individual persons.
● State/Public Funding: Here, the government provides funds to parties for election
related purposes. State Funding is of two types:
○ Direct Funding: The government provides funds directly to the political parties.
Direct funding by tax is prohibited in India.
○ Indirect Funding: It includes other methods except direct funding, like free access
to media, free access to public places for rallies, free or subsidized transport facilities.
It is allowed in India in a regulated manner.
● Corporate Funding: In India, donations by corporate bodies are governed under the
Companies Act, 2013. Section 182 of the Act provides that:
○ A company needs to be at least three years old to be able to donate to a
political party.
○ The government has removed the cap of 7.5% (seven point five percent) on
corporate contributions to the political parties with the Finance Act, 2017.
○ The same Act also removed the obligation to report such contributions in
the company’s profit and loss account.
● Electoral Trusts: A non-profit company created in India for orderly receipt of voluntary
contributions from any person like an individual or a domestic company.
○ According to the Election Commission Guidelines, all electoral trusts formed
after January 2013 are required to declare details of the money received and
disbursed.
○ The Central Government rules mandate these firms to donate 95% of their
total income to registered political parties in a financial year.
● In March, 2018, the government passed a key amendment to the Foreign
Contribution Regulation Act, 2010 allowing foreign companies to fund political
parties in India.
● Introduction of Electoral Bonds: The government notified the Electoral Bond Scheme
on 2nd January, 2018 to establish and cleanse the system of political funding in the
country.
Recently, Supreme Court struck down the the Electoral Bonds Scheme as it:
➢ Violates the right to information and freedom of speech and expression under Article
19(1)(a) of the Constitution. It can lead to quid pro quo.
➢ The court rules that the amendment to the Companies Act which allows blanket corporate
political funding is unconstitutional.
➢ The court found that the amendment made to Section 182 of the Companies Act, 2013,
permitting unlimited political contributions by companies, to be manifestly arbitrary.
➢ The provision allows Indian companies to make financial contributions to political parties under specific
conditions.
➢ However, through the Finance Act, 2017, crucial changes were introduced including the removal of the
prior cap on the amount that companies can donate to political parties — 7.5% of the
average profits of the preceding three fiscal years.
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➢ Additionally, the requirement for companies to disclose the names of the political parties to which
contributions were made in their Profit and Loss (P&L) accounts was also eliminated.
Why did the Supreme Court strike down the electoral bonds scheme? | Explained - The Hindu.
Limit 0n Political Expenditure of Candidates:

● The expenditure limit refers to the amount a candidate is allowed to legally spend
on election campaigning, including public meetings, rallies, advertisements,
posters and banners, and vehicles.
● All candidates are required to submit their expenditure statement to the EC
within 30 days of completion of an election.
● Acc to Section 10A in The RPA Act of 1951: If the Election Commission is satisfied that
a person:
➢ has failed to lodge an account of election expenses, within the time and in
the manner required by or under this Act, and
➢ has no good reason or justification for the failure, the Election
Commission shall, by order published in the Official Gazette, declare
him to be disqualified and any such person shall be disqualified for a period
of three years from the date of the order.
● The EC frequently revises the spending limit, largely based on cost factors and the
increasing number of voters.
● In 2022, the last time the cap was revised, the EC had formed a committee and
invited suggestions from political parties, chief electoral officers and election observers, and
found that there had been a substantial increase in the number of electors and Cost
Inflation Index since 2014.
➢ The Election Commission announced a hike in expenditure limit for candidates
to Rs 95 lakh (up from Rs 70 lakh)for Lok Sabha elections, and Rs 40 lakh
(up from Rs 28 lakh) for Assembly polls.
➢ For Assembly elections, the revised expenditure limit for candidates is Rs
40 lakh for big states, up from Rs 28 lakh. Candidates in smaller states can
spend a maximum Rs 28 lakh instead of the earlier limit of Rs 20 lakh.
➢ When the election code is in force, the contesting candidates, agents, party
cadre should not carry more than ₹50,000 in cash and ₹10,000 worth of
material in their vehicles. If they exceed this limit, the cash and material will be
seized by the election authorities.
➢ The star campaigners of recognised political parties could carry a
maximum of ₹1 lakh in their vehicle.
● At the district level, state ECs publish rate lists of a range of items for election
expenditure, from accommodations, transport and hoardings for candidates to
tenting, garlands, flags and food for rallies, with variations depending on the size and
material of the item.
● It can be noted that there is no cap on a political party’s expenditure, which is
often exploited by candidates of the party.
● However, all registered political parties have to submit a statement of their election
expenditure to the ECI within 90 days of the completion of the elections.
From Rs 25,000 in first polls to Rs 95 lakh now: What Lok Sabha candidates can ‘officially’ spend |
Political Pulse News - The Indian Express
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Recognition of Political Parties:
The Election Symbols (Reservation and Allotment) Order, 1968, has empowered the
Election Commission (EC):
● To allot symbols at elections in the Parliamentary and the Assembly Constituencies.
● Recognition of the political parties and suspend or withdraw recognition of
recognised or unrecognised political party for its failure to observe the Model
Code of Conduct or follow lawful instructions of the EC.
● Under Paragraph 15 of the Order, it can decide disputes among rival groups or
sections of a recognised political party staking claim to its name and symbol.
● According to the Election Symbols Order, 1968, "Political Party" - means an association
or body of individual citizens of India registered with the Commission as a political party,
under Section 29A of the Representation of the People Act, 1951.
● Rule 6 provides for the classification of the political parties:
➢ For the purposes of this Order and for such other purposes as the Commission may
specify as and when necessity therefore arises, the political parties are either
recognised political parties or unrecognised political parties.
➢ A recognised political party shall either be a National party or a State P
● As per the ECI’s Political Parties and Election Symbols, 2019 handbook, a
political party would be considered a national party if:
➢ It is ‘recognised’ in four or more states; or
➢ If its candidates have secured at least 6% of total valid votes in at least 4
states (in latest Lok Sabha or Assembly elections) and the party has at
least 4 MPs in the last LS polls; or
➢ If it has won at least 2% of the total seats in the LS from at least 3 states.
● A party is recognised as a state party in a state if any of the following
conditions is fulfilled:
➢ If it secures 6% of the valid votes polled in the state at a general election
to the respective state legislative assembly (state LA) and also, it wins 2
seats in the same state LA.
➢ If it secures 6% of the total valid votes in the state at a general election to
the LS; and also, it wins 1 seat in the LS from the same state.
➢ If it wins 3% of seats in the LA at a general election to the legislative
assembly of the state concerned or 3 seats in the assembly (whichever is more).
➢ If it wins 1 seat in the LS for every 25 seats or any fraction there of allotted to
the state at a general election to the LS from the state concerned.
➢ If it secures 8% of the total valid votes polled in the state at a General
Election to the LS from the state or to the State LA.
● In 2016 ECI notified that it will review party status after every 10 years, instead of
five years, if a political party is eligible for a state or national party status that
secures their poll symbols, among other benefits. There are six national parties in India: the
Congress, BJP, CPI(M), CPI, BSP and NPP, and 64 recognised state parties.
● Significance of being National and State party:
➢ Note, that it is not mandatory to register with the Election Commission.
➢ A recognised party (national or state) has the right to certain privileges
like allocation of the party symbols, provision of time for political
broadcasts on the state-owned television and radio stations and access to
electoral rolls.
➢ These parties are allowed to have 40 “star campaigners” during the time of
elections (the registered-unrecognised parties are allowed to have 20 “star
campaigners”).
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How Symbols are allotted to Political Parties:
The Election Commission of India (ECI) is responsible for the allotment of symbols.
This is done under The Election Symbols (Reservation and Allotment) Order, 1968,
which is meant “to provide for specification, reservation, choice and allotment of symbols at
elections in Parliamentary and Assembly Constituencies, for the recognition of political parties”.
Registered A recognised political party has a reserved symbol that is not allotted to any
Political Party other candidate in any constituency.
➢ Every national party is allotted a symbol exclusively reserved for its use
throughout the country. Even in the states where it is not contesting
elections.
➢ For a state party, the allotted symbol is exclusively reserved for its use in
the state/s in which it is so recognised.
Registered but ➢ RUPPs are either newly-registered parties or those which have not secured enough
unrecognised percentage of votes in the Assembly or general election to become a State party, or
those that have never contested elections after being registered.
➢ One of the free symbols is allotted as a common symbol during an election if that
party contests in two Lok Sabha constituencies or in 5% of seats to the
Assembly of a State as the case may be.
➢ It is mandatory for them to furnish audited accounts of last three financial
years, expenditure statements of last two elections, and the signature of the
authorised office-bearer of the party along with the application form for symbols.
➢ Rule 10B of the Symbols Order provides that the concession of a common
free symbol shall be available to a ‘registered unrecognised party’ for two
general elections. Furthermore, a party shall be eligible for a common symbol in
any subsequent general election if it had secured at least 1% of votes polled in the State
on the previous occasion when the party availed of this facility.
➢ Such an unrecognised party should however apply for a symbol every time in
the prescribed format. This application can be made any time during the period
commencing six months prior to the expiry of the term of the Lok Sabha or State
Assembly as the case may be. The symbols are thereafter allotted on a
‘first-come-first-served’ basis.
Unregistered ➢ They are supposed to give the names of ten symbols, in order of
preference, out of the list of free symbols notified by the commission.
➢ The order also states, “A party may, if it so desires, also propose three new
symbols of their choice, with the names and clear design and drawings of
symbol, in the order of preference, for allotment to its candidates, which the
Commission may consider for allotment as its common symbol if there is, in its
opinion, no objection in allotting such symbol.”
➢ Symbols proposed by the parties should have no resemblance to the existing
reserved symbols or free symbols, or any religious or communal
connotation, or depict any bird or animal.
How are symbols allotted to political parties? | Explained - The Hindu
Hand, Lotus, noodle bowl, charger and more: How are symbols allotted to political parties in
India?
Election Commission tweaks rules for allocation of symbols to unrecognised political parties - The
Hindu
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How Election Commission decides on party symbol disputes
Under Paragraph 15 of the Election Symbol Order 1968, ECI can decide disputes among
rival groups or sections of a recognised political party staking claim to its name and symbol.
Under Paragraph 15, the EC is the only authority to decide issues
on a dispute or a merger. The Supreme Court upheld its validity in Sadiq Ali and
another vs. ECI in 1971.
The ECI primarily ascertains the support enjoyed by a claimant within a political party
in its organisational wing and in its legislative wing.
● Commission examines the party’s constitution and its list of office-bearers
submitted when the party was united. It identifies the apex committee(s) in the
organisation and finds out how many office-bearers, members or delegates
support the rival claimants.
● For the legislative wing, the party goes by the number of MPs and MLAs in the
rival camps. It may consider affidavits filed by these members to ascertain where they
stand.
● The ECI may decide the dispute in favour of one faction by holding that it commands
enough support in its organisational and legislative wings to be entitled to the name and
symbol of the recognised party.
● It may permit the other group to register itself as a separate political party.
● Where the party is either vertically divided or it is not possible to say with
certainty which group has a majority, the EC may freeze the party’s symbol and
allow the groups to register themselves with new names or add prefixes or
suffixes to the party’s existing names.
● If reunited, the claimants may approach the EC again and seek to be recognised as a unified
party. The EC is also empowered to recognise mergers of groups into one entity. It may
restore the symbol and name of the original party.
How Election Commission decides on party symbol disputes - The Hindu
Explained: How ECI decides who keeps party symbol in case of spilt
De-recognition and De-registration of Parties:

The ECI has the power to derecognize a political party if it violates the provisions of
the Indian Constitution or the Representation of the People Act, 19.However, the ECI
is not empowered to de-register parties.
Grounds for Derecognition of a Political Party as National party (as per ECI):
● If the party fails to secure at least 6% of the total votes polled in the general
election to the LS or the legislative assembly of the state concerned, and if it fails
to have at least 4 MPs elected in the last LS polls (also, it doesn't win 1 seat in the LS from
the same state.); or
● If it has won at least 2% of the total seats in the LS from at least 3 states.
● If it fails to secure 8% of the total valid votes polled in the state at a General Election to the
LS from the state or to the State LA.
● If the party fails to submit its audited accounts to the ECI on time.
● If the party fails to hold its organizational elections on time.
A party can only be de-registered if:
● Its registration was obtained by fraud;
● It is declared illegal by the Central Government; or
● A party amends its internal Constitution and notifies the ECI that it can no longer abide by
the Indian Constitution.
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Corrupt Practices and electoral offenses:
Corrupt practices and electoral offences are the two categories of acts and omissions that are
deemed to be void in election. “Corrupt practices are dealt with in the Representation of
Peoples Act, 1951” , whereas “electoral offenses” are covered by both the Indian Penal
Code, 1960 and RPA act.
Provisions related to corrupt practices under RPA Act 1951:
Section 123 of the Act It defines ‘corrupt practices’ to include bribery, undue influence, false
information, and promotion or attempted promotion of “feelings of
enmity or hatred between different classes of the citizens of India on
grounds of religion, race, caste, community, or language” by a
candidate for the furtherance of his prospects in the election.
Section 123 (2) of the It deals with ‘undue influence’ which it defines as “any direct or indirect
Act interference or attempt to interfere on the part of the candidate or
his agent, or of any other person, with the consent of the candidate
or his election agent, with the free exercise of any electoral right.”
This could also include threats of injury, social ostracism and expulsion from any
caste or community.
Section 123 (3) of the It prohibits the candidate from using their race, caste, community or
Act language for the purpose of seeking votes.
Section 123 (4) of the It extends the ambit of “corrupt practices” to the intentional publication
Act of false statements which can prejudice the outcome of the
candidate’s election
Section 123(8) of the Act Since the early eighties, complaints regarding booth capturing have been
steadily increasing, therefore, Sub- Section (8) was inserted in
Section 123 of the Representation of People Act, 1951 by Amending Act No. 1 of
1989, specifying booth capturing by a candidate or his agent or any
other person as corrupt practice
Under the provisions of the Act, an elected representative can be disqualified if
convicted of certain offences; on grounds of corrupt practices; for failing to declare
election expenses; and for interests in government contracts or works.
#Supreme court decision on corrupt practices under RPA Act 1951:
Abhiram Singh v C.D. The SC in ‘Abhiram Singh v C.D. Commachen held that an election will be annulled
Commachen Case 2017 if votes are sought in the name of a candidate’s religion, race, caste, community,
or language, as per Section 123 (3) which prohibits the same.
Basanagouda vs Dr. S.B. Supreme Court in Basanagouda vs. S.B Amarkhed has noted that booth capturing
Amarkhed And Others wholly negates the election process and subverts the democratic set up which is
992 the basic feature of the Constitution.
SR Bommai v. Union of The Supreme Court’s ruling in ‘SR Bommai v. Union of India’, said that the
India 1994 encroachment of religion into secular activities is strictly prohibited, citing
subsection (3) of Section 123 of the RPA Act, 1951.
S. Subramaniam Balaji vs In 2022, the SC while reconsidering its 2013 judgment in ‘S. Subramaniam Balaji vs
State of Tamil Nadu 2022 State of Tamil Nadu’, it held that promises of freebies cannot be termed a corrupt
practice. However, the matter is still yet to be decided.
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Anugrah Narayan Singh The Supreme Court (SC) has said that providing false information about electoral
v. Harsh Vardhan Candidates Qualification is not a Corrupt Practice under RPA (Representation of
Bajpayee 2023 People’s Act) Act 1951. The SC observed that no one in India votes for a candidate
based on their educational qualifications.
#Filing of false affidavits as an electoral offence under the RP Act:

● Filing of false affidavit or concealing any information in the affidavit filed by the
candidate is considered as offence under Section 125A of RP Act.
● Person who commits a forementioned offence will be punished with imprisonment for 6
month or fine or both.
● This greatly undermines the very basic value of candidate disclosure.- due to the lack of
consequences, candidates have little incentive to provide accurate information. This in
turns affects the fundamental right of the citizen under Article 19(1)(a) to know the
antecedents of a candidate, as recognized in the Association for Democratic Reforms
judgment.
● Section 125A of the RPA has not been included in the list of offences under Section 8 of
the RPA. This means that a conviction under Section 125A does not lead to disqualification
of the candidate for the duration of imprisonment and a further period of 6 years.
● Besides this provision for prosecution, any omission or false information could be a
ground to challenge a candidate’s election in the High Court(Election Petition).
● Among the grounds available to a court to invalidate an election, two are relevant here:
➢ Under Section 100, an election can be declared void if there is “improper
acceptance of any nomination” or “any non-compliance with the provisions of
the Constitution or of this Act or of any rules or orders made under this Act.”
➢ It is possible for an unsuccessful candidate to question the acceptance of the
nomination of the ultimate winner on the ground of concealment or furnishing
of false information, as well as raise the possible violation of any of the statutory
disclosure requirements.
SC Judgements:
Association for Candidate has to furnish information regarding any criminal antecedent,
Democratic Reforms v. educational qualification and assets.
Union of India, 2002
People’s Union for Civil PUCL judgment clarified the obligations of a candidate with respect to the
Liberties v. Union of furnishing of information, it was less clear on the consequences if the
India, 2003 information provided happened to be false. It held that a Returning Officer could
not reject nomination papers on the ground that candidate information was false.
Resurgence India v. ➢ In Resurgence India v. Election Commission of India decided by the Supreme
Election Commission, Court in 2013, the problems faced by the Election Commission due to the fact
2013 that nomination papers could not be rejected for incomplete affidavits, was
addressed. The court said that if an affidavit is filed with blank particulars, it
renders the entire exercise of filing affidavits futile, and infringes the
fundamental right of citizens under Article 19(1)(a). Therefore the Returning
Officer should remind the candidate to fill the blanks, and if such reminder is
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ignored, the nomination is fit to be rejected.

➢ The court rejected the argument that the PUCL judgment barred such a
holding, and explained that PUCL merely pointed out that the candidate lacked
the ability to make a reply at the time of scrutiny, but did not intend to bar the
Returning Officer from rejecting nomination papers.
Krishnamurthy v. Suppressing information about any criminal antecedents creates an impediment

Sivakumar & Ors, 2015 to the free exercise of the right to freedom of speech and expression. Therefore,
non-disclosure amounts to an undue influence and corrupt practice under
Section 123(2) of RPA same was reiterated in Lok prahari case 2018.
Karikho Kri Judgement, ➢ This case concerned the election of Karikho Kri, an independent
2024 candidate who won a seat in the Arunachal Pradesh Assembly in 2019. His
election was challenged by the Congress candidate Nuney Tayang on the
ground that Mr. Kri had not disclosed some moveable assets in the names of his
wife and children.
➢ The court said “in that respect, non-disclosure of each and every asset
owned by a candidate would not amount to a defect, much less, a defect
of a substantial character. It is not necessary that a candidate declare every
item of movable property that he or his dependent family members owns, such
as, clothing, shoes, crockery, stationery and furniture, etc, unless the same is of
such value as to constitute a sizeable asset in itself or reflect upon his
candidature, in terms of his lifestyle, and require to be disclosed.”
➢ The SC said there is a need to distinguish between substantial and
insubstantial issues while considering the validity of a nomination.
Supreme Court: Candidates don’t need to declare every movable asset | India News
- The Indian Express
We can conclude that if details are omitted in the nomination papers, it is fit to be
rejected. If information is believed to be false, prosecution under Section 125A is
possible, however the consequences upon conviction are unclear.
Star Campaigners:
A star campaigner is a celebrity vote seeker in an election for a party. This person can be
anyone, a politician or even a film star.
● There is no law governing who can or cannot be made a star campaigner.
● They are nominated by the concerned political parties specifying their constituencies and
duration of the status.
● The ECI issues guidelines under the Model Code of Conduct regulating poll campaigns.
Number of Star Campaigners:
● A ‘recognised’ National or State party declared as such by the ECI can nominate a
maximum of 40 star campaigners.
● An unrecognised political party can nominate a maximum of 20 star campaigners.
Cost of Campaigners:
● The Election Commission has fixed 95 lakh expenses limit for candidates of bigger Lok
Sabha constituencies and up to 75 lakh for candidates of smaller constituencies.
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● Political parties cover all costs of star campaigners under the Representation of
Peoples Act.
● But the star campaigner’s expenses are not deducted from the candidate’s
expenditure. Thus it allows the candidates extra spending opportunity beyond the poll
panel’s 75 - 95 Lakh limit for Lok Sabha polls.
● But there is a catch: The star campaigner has to limit it to general campaigning for
the party and avoid referring to the candidate. In case, the star campaigner shares the
stage with the candidate or even takes the name of the candidate in his speech, his/her
charges will have to borne by the candidate from his expenses.
Prime Minister as Star Campaigners:
● When a Prime Minister or a former Prime Minister is a star campaigner, the
expenditure on security including on bullet-proof vehicles will be borne by the
government.
● But if the Prime Minister is accompanied by another star campaigner, the candidate
has to bear 50 per cent of expenditure on the security arrangements
Challenge of Delisting from Star Campaigner List:
● Section 77 of the Representation of the People Act, 1951, which relates to a candidate’s
election expenditure, leaves it to the political party itself to decide who its “leaders” are
and allows every party to submit a list of such ‘star campaigners’ to the election
authorities.
● As the expenditure on the star campaigners is not included in the expenditure of the
candidate concerned, an order of the ECI revoking the star status is actually a
withdrawal of the right to campaign without incurring electoral expenditure on the
candidates’ account.
https://www.livemint.com/politics/news/lok-sabha-elections-2024-who-is-a-star-campaigner-wh
at-is-their-significance-in-electoral-outcomes-11712030254998.html
Model Code of Conduct:

● The MCC is a set of guidelines issued by the ECI to regulate political parties and
candidates prior to elections.
● It helps ECI in keeping with the mandate it has been given under Article 324 of the
Constitution, which gives it the power to supervise and conduct free and fair elections to
the Parliament and State Legislatures.
● Duration of Enforcement: The MCC is operational from the date on which the
election schedule is announced until the date of result announcement.
● Legal Status: MCC is not statutory but Political Parties, Candidates and Polling
Agents are expected to observe the norms, on matters ranging from the content of
election manifestos, speeches and processions, to general conduct etc.
● Certain provisions of the MCC may be enforced through invoking corresponding
provisions in other statutes such as the Indian Penal Code 1860, Code of Criminal
Procedure 1973, and Representation of the People Act 1951.
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Postal Ballot and Vote from Home:
Rule 18 of the Conduct of Election Rules, 1961 is related to persons eligible to vote by post (or
postal ballot). It says the following types of persons are entitled to vote by post (upon the
fulfillment of certain conditions):
Special Voters A special voter is a voter defined in the Representation of People Act, of 1950, and
can be the President of India, the Vice-president, A Union Minister, or the
Governor of a state. The special voters can vote in person and they can vote by post
Voters on election This category includes different government officers and employees on poll duty.
duty Government officials and polling staff assigned duties at polling stations other than
their own.
Electors under Any elector subjected to preventive detention, within fifteen days of the calling of an
preventive election, has to send an intimation to the returning officer that he wishes to vote by
detention post, specifying his name, address, electoral roll number, and place of detention
Divyangjans In a gazette notification, the Union Law Ministry amended the Conduct of Elections
Rules-1961 to change the definition of senior citizens who are eligible to choose
the postal ballot facility from those “above 80 years” to those “above 85 years”
and Pwd.
Essential services Media persons with authorisation letters from the EC and those involved in essential
covering polling services such as metros, railways, and healthcare have the option to vote using
day activities postal ballots in Lok Sabha and four state Assembly polls.
Service voter A service is a voter having service qualification. According to the provisions of
subsection (8) of Section 20 of the Representation of People Act, 1950, service
qualification means:
● Being a member of the armed Forces of the Union
● Being a member of a force to which provisions of the Army Act, 1950 (46 of 1950),
have been made applicable whether with or without modification ;
● Being a member of an Armed Police Force of a State, and serving outside that state;
or
● Being a person who is employed under the Government of India, in a post
outside India.
● The wife of a Service Voter, if she is ordinarily residing with him, shall also be
eligible to be enrolled in the part meant for Service Voters in the constituency
concerned.
ECI has, for the first time in the history of the Lok Sabha elections, extended its
‘vote-from-home’ facility to Persons with Disabilities (PwD)(not less than 40%) and senior
citizens aged 85 and above. This move would allow more than 85 lakh senior citizens and 88.4
lakh persons with disabilities to cast their votes through postal ballots.
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All about the vote-from-home facility in the Lok Sabha elections | Explained - The Hindu
What is the vote-from-home facility and who can apply? | Lok Sabha polls 2024
What are postal ballots, and who can apply? | Lok Sabha elections 2024
Electronically Transmitted Postal Ballot System (ETPBS):

● The Conduct of Election Rules, 1961 was amended in 2016 to allow service voters to use
the ETPBS. Under this system, postal ballots are sent electronically to registered
service voters.
● The service voter can then download the ETPB (along with a declaration form and covers),
register their mandate on the ballot and send it to the returning officer of the constituency
via ordinary mail.
● The post will include an attested declaration form (after being signed by the voter in the
presence of an appointed senior officer who will attest it).
VVPAT
The VVPAT machine is attached to the ballot unit of the EVM, and provides visual
verification for the vote cast by a voter by printing a slip of paper with the voter’s choice on
it.
This slip of paper, containing the candidate’s serial number, name, and
party symbol, is displayed in the machine behind a glass window, giving the voter seven seconds
to verify her vote. Following this, the slip falls into a compartment underneath.No voter can take
the VVPAT slip back home, as it is later used to verify votes cast in five randomly selected polling
booths.
● The Conduct of Elections Rules, 1961 were amended to allow for a printer with a drop
box to be attached to the EVM.
● The VVPAT was used for the first time in all 21 polling stations of the Noksen
Assembly constituency of Nagaland in 2013, after which the EC decided to introduce
VVPATs in a phased manner.
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● By June 2017, there was 100% adoption of VVPATs.
To determine what percentage of VVPAT machines’ slips need to be counted to verify the accuracy
of an election, the EC, in 2018, asked the Indian Statistical Institute (ISI) to come up with a
“mathematically sound, statistically robust scheme” .
In February 2018, the EC mandated the counting of VVPAT slips of one randomly
selected polling station per Assembly constituency. This was increased to five polling stations
per Assembly seat, following a Supreme Court judgment in April 2019
Why VVPAT was brought in, why Opposition wants all slips verified | Explained News - The Indian
Express
Delimitation Commission:
The various aspects related to the system of elections to the Lok Sabha are as follows:
● Territorial Constituencies For the purpose of holding direct elections to the Lok Sabha,
each state is divided into territorial constituencies.
● In this respect, the Constitution makes the following two provisions:
1. Each state is allotted a number of seats in the Lok Sabha in such a manner
that the ratio between that number and its population is the same for all
states. This provision does not apply to a state having a population of less
than six million.
2. Each state is divided into territorial constituencies in such a manner that the
ratio between the population of each constituency and the number of seats
allotted to it is the same throughout the state.
● In brief, the Constitution ensures that there is uniformity of representation in two
respects: (a) between the different states, and b) between the different constituencies
in the same state.
● The expression 'population' means the population as ascertained at the preceding census
of which the relevant figures have been published.
Delimitation means:
● The process of fixing the number of seats and
● Boundaries of territorial constituencies in each State for the Lok Sabha and Legislative
assemblies.
● It also includes determining the seats to be reserved for Scheduled Castes (SC) and
Scheduled Tribes (ST) in these houses.
Article 82 and 170 of the Constitution provide that the number of seats in the Lok Sabha and
State Legislative assemblies as well as its division into territorial constituencies shall be
readjusted after each Census.
This ‘delimitation process’ is performed by the ‘Delimitation
Commission’ that is set up under an act of Parliament.
Such an exercise was carried out after the 1951, 1961 and 1971 Census. Delimitation
Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952,
1962, 1972 and 2002.
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● The number of seats in the Lok Sabha based on the 1951, 1961 and 1971 Census was
fixed at 494, 522 and 543, when the population was 36.1, 43.9 and 54.8 crore respectively.
However, it has been frozen as per the 1971 Census in order to encourage population
control measures so that States with higher population growth do not end up having
higher number of seats. This was done through the 42nd Amendment Act till the year
2000 and was extended by the 84th Amendment Act till 2026. This number will be
re-adjusted based on the first Census after 2026.
● The boundaries of territorial constituencies were readjusted (without changing the
number of seats) and seats for SC and ST were determined as per the 2001 Census
and will again be carried out after 2026.
In a normal course of events,the delimitation process for the number of seats, would have
happened based on the Census of 2031 as it would have been the first Census after 2026. However,
with the 2021 Census now being postponed and the year 2026 nearing, there have been talks about
the impending delimitation exercise.
Comparison with USA and EU:

● In a federation like the U.S., the number of seats in the House of Representatives
(the equivalent of our Lok Sabha) has been capped at 435 since 1913. The population
of the country has increased almost four times from 9.4 crore in 1911 to an estimated 33.4
crore in 2023. The seats among the States are redistributed after every Census
through the ‘method of equal proportion’.
● In the European Union (EU) Parliament which consists of 720 members, the number
of seats is divided between 27 member countries based on the principle of
‘degressive proportionality’. Under this principle, the ratio of population to the number
of seats shall increase as the population increases. For example, Denmark with a
population of around 60 lakh has 15 seats (average population of 4 lakh per member) as
against Germany with a population of 8.3 crore having 96 seats (average population of 8.6
lakh per member).
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What is the Delimitation Commission?
● Appointment:
● The Commission is appointed by the President of India and works in
collaboration with the Election Commission of India.
● Composition:
● Retired Supreme Court judge
● Chief Election Commissioner
● Respective State Election Commissioners
● Functions:
● To determine the number and boundaries of constituencies to make the
population of all constituencies nearly equal.
● To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever
their population is relatively large.
● Powers:
● In case of a difference of opinion among members of the Commission, the
opinion of the majority prevails.
● The orders are laid before the Lok Sabha and the respective State
Legislative Assemblies. However, modifications are not permitted.
● The Delimitation Commission in India is a high-power body whose orders have
the force of law and cannot be called in question before any court.
17.Motions-Guillotine,NCM,PM,Censure and adjournment

A motion is a proposal made by a member to the House that the House do something
or order something to be done or express an opinion with regard to some matter.
General rules relating to motions:
● The general rule is that no discussion on a matter of general public interest can
take place except on a motion made with the consent of the Chair.
● Notice of a motion is required to be given in writing addressed to the Secretary-General of
the House.
● It should raise substantially one definite issue; should not revive discussion of
a matter which has been discussed in the same session; should not anticipate
discussion of a matter which is likely to be discussed in the same session; should not
relate to any matter which is under adjudication by a court of law having
jurisdiction in any part of India; should not ordinarily relate to matters which are
under consideration of a Parliamentary Committee; should not ask for expression of
opinion or the solution of an abstract legal question or of a hypothetical
proposition; should not relate to a matter which is not primarily the concern of the
Government of India.
● The Chairman decides on the admissibility of a motion and may disallow a
motion or a part thereof when, in his opinion, it does not comply with the rules.
Closure Motion It is a motion moved by a member to cut short the debate on a matter before
the House. If the motion is approved by the House, the debate is stopped and the matter
is put to vote. There are four kinds of closure motions:
1. Simple Closure:It states that the ‘matter, having been sufficiently discussed, be now
put to vote.
2. Closure by Compartments:In this case, the clauses of a bill or resolutions are
grouped into parts before the commencement of the debate. The debate, then, covers
the part as a whole and the entire part is put to vote.
3. Kangaroo Closure:Under this type, only important clauses are taken up for debate
and voting and the intervening clauses are skipped over and taken as passed.
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4. Guillotine Closure:After the Budget is presented, Parliament goes into

recess for about three weeks, during which time the House Standing
Committees examine demands for grants for various Ministries and
prepare reports. After Parliament reassembles, the Business Advisory Committee
(BAC) draws up a schedule for discussions on the Demands for Grants. Sometimes,
given the limitation of time, the House cannot take up the expenditure
demands of all Ministries; therefore, the BAC identifies some important
Ministries for discussions; usually the Ministries of Home, Defence, External Affairs,
Agriculture, Rural Development and Human Resource Development. Once the House
is done with these debates, the Speaker applies the “guillotine”, and all
outstanding demands for grants (discussed or not) and undiscussed
clauses of a bill/resolution are put to vote at once in order to save time.
What does ‘guillotine’ refer to in legislative parlance? | Explained News - The Indian
Express
Privilege Parliamentary privilege, which are certain rights conferred to the Members of
Motion Parliament for conducting the business of the Parliament.
● There is no codified list of the exact privileges, but it includes the right of
free expression in the course of Parliamentary debates and
● Members of Parliament will not be liable for court proceedings for this.
If there is a belief that such a privilege has been breached, a motion can be
raised by any member. It can be admitted by the Chairman. They can then refer
it to the Privileges Committee.
What is the Committee of Privileges in Parliament?
● This committee consists of 15 members in Lok Sabha (10 in case of RS)
nominated by the Speaker (Chairman in case of RS) from time to time.
● In the RS, the deputy chairperson is appointed (by the RS Chairman) as the head
of the committee of privileges.
● The committee examines every question involving a breach of privilege of the
House or of the members or of any Committee referred to it by the Speaker/Chairman
and makes suitable recommendations in its report.
● If the House has not fixed any time for the presentation of the report, it shall be
presented within 1 month of the date on which reference to the Committee was
made.
● Once presented, a motion has to be passed for the consideration of the report and
amendments can be suggested.
● The right to raise a question of privilege is based on satisfying two conditions -
the question shall be restricted to a specific matter of recent occurrence and the matter
requires the intervention of the Council.
● The Speaker/RS Chairman is the first level of scrutiny of a privilege
motion. Therefore, the Speaker/Chairman can decide on the privilege motion himself
or herself or refer it to the privileges committee of Parliament.
A large number of notices are rejected, with penal action recommended in only a few cases.
In 1978, Indira Gandhi, who had just won the LS elections from Chikmagalur,
was expelled from the House. It was the culmination of a year-long investigation by
such a committee in the LS.
Breach of Privilege means: Disregard of any of the privileges, rights and immunities
either of the Members of Parliament individually or of either House of Parliament in its
collective capacity or of its committees; also includes actions which obstruct the House in
the performance of its functions and thereby lower its dignity and authority such as
disobedience of its legitimate orders or libel upon itself, or its member or officers which are
called contempt of the House.
Adjournment The adjournment motion is a form of censure of the government. It originated in

Motion the House of Commons in the United Kingdom, and started its journey in India under the
rules of the pre-independent bicameral legislature established under the
Government of India Act of 1919.
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After the passage of the Indian Constitution, two changes came about:
● First, the Council of Ministers became collectively responsible to Lok Sabha. As a result,
in 1952, the adjournment motion found a place in the Lok Sabha Rule Book.
Therefore, it was left out of Rajya Sabha.
● Second, was the view of Lok Sabha Speakers on the use of adjournment motions by
members. The first Speaker of Lok Sabha called the adjournment motion a “very
exceptional thing”. He believed that members should resort to this procedural device
when the “occasion is of such a character that something very grave,
something which affects the whole country, its safety”.
● It is regarded as an extraordinary device as it interrupts the normal business of the
House. It needs the support of 50 members to be admitted.
● The discussion on this motion should last for not less than two hours and
thirty minutes.
The Rajya Sabha Rule Book does not provide for an adjournment motion. Over the years,
Rajya Sabha MPs have used Rule 267 to suspend Question Hour in the House
to raise urgent matters.
if an existing procedure allowed suspending Rules (like
suspension of Question Hour), an MP could not use 267. So now 267 can be used only
to suspend a Rule, only to take up matters that are already on the list of
business.
Expert Explains | Adjournment Motion, Rule 267: Ways to seek urgent discussion in
Parliament
Non confidence In a parliamentary system a no-confidence motion is a statement or vote that

Motion the government is no longer deemed fit to remain in office while a censure
motion carries no such threat.
In India, the Council of Ministers is collectively responsible to Lok Sabha and it
remains in office till it enjoys confidence of majority of the members in the Lok
Sabha.
● Thus, a motion of no-confidence is moved to remove the council of ministers and oust
the government from office.
● According to procedures, a no-confidence motion can be moved only in Lok Sabha
(or state assembly as the case may be). It is not allowed in Rajya Sabha (or
state legislative council).
● It is moved against the entire Council of Ministers and not individual
ministers or private members.
As per Rule 198 of the Rules of Procedure and Conduct of Business in the Lok Sabha, any
member of the house can move a no-confidence motion. The written notice of the
motion has to be given to the secretary general of the House by 10 am on any
day of sitting of the House.
It needs support of at least 50 members when introduced in
Lok Sabha. If the motion carries, the house debates and votes on the motion. If a
majority of the members of the house vote in favour of the motion, the motion
is passed and the Government is bound to vacate the office.
No government has ever had to resign following a vote of no-confidence. On
one occasion, in 1979, the discussion on a no-confidence motion against the Morarji Desai
government remained inconclusive. He resigned before the motion was put to vote. 50%
of all no-confidence motions (14 out of 28) were discussed between 1965 and 1975. Of
these, 12 were against governments headed by Indira Gandhi.
Censure Motion A censure literally means expression of strong disapproval or harsh criticism.
It can be a stern rebuke by a legislature, generally opposition against the
policies of Government or an individual minister. However, it can also be passed to
criticize, condemn some act.Motion must specify charges against govt. A censure
motion can be moved in Lok Sabha or in a state assembly. Both censure
motion and no-confidence motion can be moved in Lok Sabha or lower house
in states.
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While censure motion can be moved against individual ministers or members,

no-confidence motion is moved against the entire council of ministers.
There is no impact on the government when a
censure motion is passed, but the council of ministers have to resign and government
collapses when a no-confidence motion is passed.
18.Election Petition,SC Judgement,Aadhar issue,Concept of Electoral trusts

Election Petition:
An Election petition is a procedure for inquiring into the validity of the election
results of Parliamentary or local government elections. In other words, it is a means
under law to challenge the election of a candidate in a Parliamentary, Assembly or local election.
Details:
● Election petitions are filed in the High Court of the particular state in which the election was
conducted. Therefore, only the High Courts have the original jurisdiction on
deciding on election petitions.
● Such jurisdiction shall be exercised ordinarily by the Single Judge of the High
Court and Chief Justice shall from time to time assign one or more Judges for that
purpose.
● An election petition can be filed by any candidate, or an elector relating to the
election personally, to the authorized officer of the High Court.
● An election petition calling in question an election shall be filed within the time period
of forty-five days from the date of declaration of results.
● An election petition should consist of:
➢ A concise statement of the material facts on which the petitioner relies.
● A petitioner may, in addition to claiming that the election of a particular
candidate is void, can also claim that he/she himself/herself has been duly
elected.
● The election of a particular candidate can be declared void under section 100 of the
Representation of People Act, 1951, if the High Court is of the opinion that:
● On the date of his election a returned candidate was not qualified or was
disqualified to be chosen to fill the seat
● Any corrupt practice (under Section 123) has been committed by a
returned candidate or his election agent or by any other person with the
consent of a returned candidate or his election agent.
● By improper acceptance of any nomination.
● By any improper reception, refusal or rejection of any vote or the reception of any vote
which is void.
● By any non-compliance with the provisions of the Constitution or RPA or
any rules or orders made under this act.
● The Representation of Peoples Act recommends for every election petition endeavor, its,
should be made on the part of the High Court to conclude a trial for an election
petition within six months from the date on which the election petition is
presented to the High Court for trial.
● The High Court shall as soon as after the conclusion of the trial of an election
petition, intimate the substance of the decision to the Election Commission of
India and the Speaker of the House or Chairman of the State Legislature as the
case may be. The High Court shall also send an authenticated copy of the decision to the
ECI.
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● An appeal shall lie to the Supreme Court on any question (whether of law and fact)
from every order made by a High Court: preferred within a period of thirty days from the
date of the order of the High Court.
Recently SC in chandigarh mayor election case invoked Article 142 to ensure justice and uphold
the sanctity of the electoral process in the Chandigarh mayoral election. The election was marred by
irregularities due to the illegal conduct of the presiding officer who had announced the winner by invalidating
eight votes cast in favour of his opponent, leading to an incorrect declaration of the winner.
● Article 142 empowers the Supreme Court to pass any decree or order necessary for doing
complete justice in any case or matter pending before it. These decrees or orders are enforceable
across India's territory.
● Article 142 is supported by several other provisions, including Article 32 (which ensures the right to
constitutional remedies), Article 141 (mandating that all courts within India must abide by the Supreme
Court's decisions), and Article 136 (which allows for the Special Leave Petition).
● The provision empowers the Supreme Court to intervene in cases involving public interest,
human rights, constitutional values, or fundamental rights. This reinforces the Court's role as a
guardian of the constitution.
What is Article 142, invoked by Supreme Court to overturn Chandigarh mayoral poll results? |
Explained News - The Indian Express
Aadhar issue:
Parliament has passed the Election Laws (Amendment) Bill, 2021. The Bill seeks to
amend certain sections of the Representation of the People Act, 1950:
➢ Linking Aadhaar Card to Voter ID: In the 105th report of the Department-Related
Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice,
suggested linking Aadhaar with electoral rolls to purify electoral rolls and consequently
reduce electoral malpractices. The Ministry of Law and Justice has said that linking
Aadhaar and Voter ID is not mandatory under the Aadhaar Act, 2016, but
voluntary under the Election Laws (Amendment) Act, 2021 after the SC
decision.
➢ Four Qualifying Dates to Register as Voters: The Bill allows four “qualifying” dates
(1st day of January, 1st day of April, 1st day of July and 1st day of October in a
calendar year) for eligible people to register as voters.
Concept of Electoral Trusts:

Before the introduction of the Electoral Bonds (EB) Scheme in 2018, another scheme for Electoral
funding called Electoral Trusts (ET) Scheme, was introduced in 2013.
About:
➢ Electoral Trusts Scheme, 2013 was notified by the Central Board of Direct Taxes
(CBDT).
➢ An Electoral Trust is a Trust set up by companies with the sole objective to
distribute the contributions received by it from other Companies and
individuals to the political parties.
➢ Only the companies registered under Section 25 of the Companies Act, 1956 are
eligible to make an application for approval as an Electoral Trust. The electoral
trusts have to apply for renewal every three financial years.
➢ The scheme lays down a procedure for grant of approval to an electoral trust which will
receive voluntary contributions and distribute the same to the political parties.
➢ The provisions related to the electoral trust are under Income-tax Act, 1961 and
Income tax rules-1962.
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➢ For administrative expenses, the Electoral Trusts are permitted to set aside a
maximum of 5% of the total funds collected during a financial year along with
any surplus carried forward from the previous financial year. The remaining 95% of
total income of the Trusts including any surplus from previous financial year is
required to be distributed to eligible political parties. Such contributions to
political parties should always be followed by a receipt obtained from the benefiting party,
along with the political party’s PAN, registration number and name and designation of the
person signing the receipt.
➢ The electoral trusts route is transparent on contributors and beneficiaries.
Where there is only one contributor and one beneficiary of a particular trust, the public can
know for sure who is funding whom
https://indianexpress.com/article/explained/explained-politics/electoral-bonds-electoral-trusts-9
018591/
19.Vice President- Election,Powers,Removal

Article 63 of the Constitution of India provides that there shall be a Vice-President of India.
The Vice President of India is the second-highest constitutional office in the country after the
President of India.This office is modeled on the lines of the American Vice-President.
Election of Vice President:
The Vice-President, like the president, is elected not directly by the people but indirectly:
● He is elected by the members of an electoral college consisting of the members
of both houses of Parliament. Thus, this electoral college is different from the
electoral college for the election of the President in the following two respects:
➢ It consists of both elected and nominated members of the Parliament (in
the case of the President, only elected members).
➢ It does not include the members of the state legislative assemblies (in the
case of the President, the elected members of the state legislative assemblies are
included).
● Vice-President’s election, like that of the President’s election, is held in accordance with
the system of proportional representation by means of the single transferable
vote, and the voting is by secret ballot.
● All doubts and disputes concerning the election of the Vice-President are
inquired into and decided by the Supreme Court, whose decision is final.
The Constitution lays down the following two conditions of the Vice-President’s office:
● He should not be a member of either House of Parliament or a House of the
state legislature. If any such person is elected Vice-President, he is deemed to have
vacated his seat in that House on the date on which he enters upon his office as
Vice-President.
● He should not hold any other office of profit.
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The Election Commission of India conducts the election to the office of the Vice-President.The
Returning Officer usually appointed to conduct the Vice-Presidential elections is the
Secretary-General of either House of the Parliament, by rotation.
The oath of office to the Vice-President is administered by the President or some
person appointed by him.
Powers of Vice President:
The powers and functions of the Vice-President include:
● He is the ex-officio Chairman of Rajya Sabha(Article-64). In this capacity, his
powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he
resembles the American vice president, who also acts as the Chairman of the
Senate–the Upper House of the American legislature.
● He acts as President when a vacancy occurs in the office of the President due to
his resignation, impeachment, death, or otherwise.
● He can act as President only for a maximum period of six months, within which a
new President has to be elected.
● Further, when the sitting President cannot discharge his functions due to absence, illness,
or any other cause, the Vice-President discharges his functions until the President resumes
his office.
While acting as President or discharging the functions of the President, the
Vice-President does not perform the duties of the office of the chairman of Rajya
Sabha. During this period, those duties are performed by the Deputy Chairman of the Rajya
Sabha.
The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha, the
upper house of the Indian Parliament.
● As Chairman, the Vice President presides over the sessions of the Rajya Sabha,
maintains order and decorum in the chamber, and ensures that the rules and
procedures of the house are followed.
● Though he is not a member of the house, the Vice President can vote in the
Rajya Sabha in the case of a tie.
● The Vice President also appoints the Chairman and members of the Rajya Sabha's various
committees.
● Consideration of motion of removing supreme court or high court judge depends upon the
chairman of Rajya Sabha.
Removal and Term of VP:
The Vice-President holds office for a term of five years from the date on which he enters his
office. However, he can resign from his office anytime by addressing the resignation
letter to the President. The Vice-President can hold office beyond his term of five years until his
successor assumes charge. He is also eligible for reelection to that office. He may be elected for any
number of terms.
The Vice President can also be removed from office before the completion of his term. A formal
impeachment is not required for his removal:
● He can be removed by a resolution passed by a majority of all the then members
of the Rajya Sabha (Effective Majority) and agreed to by the Lok Sabha (Simple
Majority). This means that this resolution should be passed in the Rajya Sabha by an
effective majority and in the Lok Sabha by a simple majority.
● It must be noted here that the effective majority in India is only a type of special
majority and not a separate one. Further, this resolution can be introduced only in the
Rajya Sabha and not in the Lok Sabha.
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● But, no such resolution can be moved unless at least 14 days advance notice has
been given.
VP of India vs VP of USA:
India USA
● He serves as the second-in-command to the ● The Vice President of the United States is the
President and acts as the President in case of second-highest officer in the executive branch of the
his death, resignation, or incapacity. federal government after the President of the United
● He serves as the ex-officio Chairman of the States.
Rajya Sabha in India. ● The Vice President is elected alongside the President
● The Vice-President of India does not and serves as the President's deputy and the President
automatically take over the presidency when of the Senate.
it becomes vacant, instead, the office will ● In the United States, if the presidency becomes
remain unfilled for the unexpired term. vacant, the vice-president will assume the role
● The Indian Vice-President acts as the and serve the remainder of the previous
President temporarily until a new president's term.
President is elected and takes office.
20.Office of governor- Powers and recommendation of Punchi

Governor of a state is the chief executive head of the state. Governor of state has
constitutional basis in article 153. He plays a two-fold function as the constitutional
head of the state govt and as a link between the centre and the state govt. Often the
office of the Governor is described as “High on ceremony and low on functions”.
● Article 155: Provides for the appointment of the Governor by the President by warrant
under his hand and seal.
● Article 156: Provides the term of office of Governor- Appointed for a period of five
years and holds office during the pleasure of the President. Pleasure of the
President means that he can be removed anytime by the President, even before the expiry of
five years.
● Article 163: Council of Ministers with Chief Minister as the head to aid and advise the
Governor.
● Article 164: Appointment of Chief Minister by the Governor. Other ministers appointed by
the Governor on the aid and advice of the Chief Minister.
Position of Governor:
Hargovind Pant vs. Dr. Raghukul Tilak (1979), a Constitution Bench of SC observed:
● The Governor is the head of the State and holds a high constitutional office.
● He cannot be regarded as an employee or servant of the GoI.
● His office is not subordinate or subservient to the GoI.
● He is not amenable to the directions of the GoI, nor is he accountable to them for the
manner in which he carries out his functions and duties.
● He holds an independent constitutional office, which is not subject to the control
of the GoI.
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Role and Powers of Governors:
● Article 154: The executive powers of the state are vested in the Governor and can be
exercised directly or through subordinate officers in accordance with the Constitution.
● As the executive head of a state, the Governor acts according to the advice of the
council of ministers.
● Powers:
● He/she can summon or prorogue the state legislature or dissolve the state
legislative assembly.
● He/she can address the state legislature at the commencement of the first
session after each general election and the first session of each year.
● He/she can send messages to the house or houses of the state legislature, with respect
to a bill pending in the legislature or otherwise.
● He/she can appoint any member of the State legislative assembly to
preside over its proceedings when the offices of both the Speaker and the
Deputy Speaker fall vacant. (Similarly, he/she can appoint any member of the
state legislature council to preside over its proceedings when the offices of both
Chairman and Deputy Chairman fall vacant).
● He/she nominates one-sixth of the members of the state legislative council
from amongst persons having special knowledge or practical experience in literature,
science, art, cooperative movement and social service.
● He/she decides on the question of disqualification of members of the state legislature
in consultation with the Election Commission.
● When a bill is sent to the governor after it is passed by state legislature,
he/she can:
● Give his/her assent to the bill, or
● Withhold his/her assent to the bill, or
● Return the bill (if it is not a money bill) for reconsideration of the state
legislature. However, if the bill is passed again by the state legislature with or
without amendments, the governor has to give his/ her assent to the bill, or
● Reserve the bill for the consideration of the President(If the bill passed
by the state legislature endangers the position of the state high court, it is
mandatory for Governor to reserve the bill for President’s consideration).
● Article 201: When a Bill is reserved by the Governor for the consideration of the
President, the President shall declare either:
● That he assents to the Bill or
● That he withholds assent therefrom
● Provided that, where the Bill is not a Money Bill, the President may
direct the Governor to return the Bill to the House or, as the case may
be, the Houses of the Legislature of the State together with such a message as is
mentioned in the first proviso to Article 200 and, when a Bill is so returned, the
House or the Houses shall reconsider it accordingly within a period
of six months from the date of receipt of such message and, if it is again
passed by the House or the Houses with or without amendment, it shall be
presented again to the President for his consideration.
● President is not bound to give assent unlike governor , he/she can
again return the bill to house.
● Once the bill is referred to president role of governor is over.
● He/she can promulgate ordinances when the state legislature is not in session. These
ordinances must be approved by the state legislature within six weeks from its reassembly
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Punchhi Commission ➢ Appointment: As a qualification for the Governor, it suggests that the
(2010) person should not have participated in active politics at even local
level for a couple of years before his appointment.
➢ It recommended the deletion of the doctrine of pleasure of the
President from the Constitution.
➢ Removal: Governor should be removed only by the resolution of the
state legislature.
➢ It also opined that there should be provisions for the impeachment
of the Governor by the state legislature along the same lines as that
of the President.
➢ It also suggests that the Governors should have the right to sanction
the prosecution of a minister against the advice of the council of
ministers
Recently SC in multiple judgements has held that Governor who chooses to withhold a Bill without
doing anything further would be acting in contravention of the Constitution. The Supreme Court
has laid down the law that a Governor, in case he withholds assent, should send back a Bill forwarded
to him by a State Legislature “as soon as possible” with a message to reconsider the proposed
law. In case, the State Assembly reiterates the Bill “with or without amendments”, the Governor
has no choice or discretion, and has to give his assent to it.Real power vests with the elected
representatives of the people in a parliamentary form of democracy. The Governor, as an appointee of the
President, is a titular head of the State. The Governor acts on the aid and advice of the Council of
Ministers save in areas where the Constitution gives him discretion. The power to take decisions
affecting the governance of the State or the nation is essentially entrusted to the elected arm of the state.
Governor is intended to be a constitutional statesman guiding the government on matters of constitutional
concern
Governor holds no veto power over Bills, says Supreme Court - The Hindu
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21.Issue of Vice Chancellor - Appointment and Removal

Role of Governor in Public Universities:
State public universities are established through laws passed by state legislatures. In most
laws the Governor has been designated as the Chancellor of these universities.
Role:
● The Chancellor functions as the head of public universities, and appoints the
Vice-Chancellor of the university.
● Further, the Chancellor can declare invalid, any university proceeding which is
not as per existing laws.
● In some states (such as Bihar, Gujarat, and Jharkhand), the Chancellor has the power to
conduct inspections in the university.
● The Chancellor also presides over the convocation of the university, and confirms proposals
for conferring honorary degrees.
● This is different in Telangana, where the Chancellor is appointed by the state government.
● In 1997, the Supreme Court held that the Governor was not bound by the aid
and advice of the Council of Ministers, while discharging duties of a separate
statutory office (such as the Chancellor).
● According to the University Grants Commission (UGC) Regulations, 2018, the VC
of a university, in general, is appointed by the Visitor/Chancellor, from a panel
of three to five names recommended by the duly constituted Search cum
Selection Committee.
● Where there is a conflict between the State University Act and the UGC Regulations, 2018
to the extent State legislation is repugnant, the UGC Regulations, 2018 shall prevail.
● According to Article 254(1), if any provision of a state law is repugnant to a
provision in a law made by the Parliament, which the Parliament is competent to
enact, or with any existing law regarding any matter in the Concurrent List, then the
Parliamentary law would prevail over the State law.
Role of VC:
● As per the constitution of the University, the Vice- Chancellor (VC) is considered the
‘Principal Academic and Executive Officer of the University’.
● As head of the University, he/she is expected to function as a ‘bridge’ between the executive
and the academic wing of the university.
● It is to facilitate this expected role that universities are always in search of persons with
values, personality characteristics and integrity in addition to academic excellence and
administrative experience.
● He shall be the ex-officio Chairman of the Court, Executive Council, Academic
Council, Finance Committee and Selection Committees and shall, in the
absence of the Chancellor preside at any convocation of the university for
conferring degrees.
● It shall be the duty of the Vice-Chancellor to see that the provisions of the Act,
Statutes and Ordinances and Regulations are fully observed, and he should have
the power necessary for the discharge of this duty.
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Recent SC decision:
● The Supreme Court, while hearing a case pertaining to the reappointment of
Kerala's Kannur University Vice-Chancellor, said the Governor is not a mere
titular head and in the selection of V-Cs, he is the sole judge and his opinion is
final in all respects. By virtue of his office as the ex-officio Chancellor, he is not bound
to act under the advice of the Council of Ministers.
● The court made it very clear that the State government of any State should keep off
university administration, particularly in the appointment of V-Cs
West Bengal Governor welcomes Supreme Court verdict on Chancellor's role in appointment of
V-Cs - The Hindu
22.Concept of Liberty and Justice in Preamble:
A preamble is an introductory statement in a document that explains the document’s

philosophy and objectives. In a Constitution, it presents the intention of its framers, the
history behind its creation, and the core values and principles of the nation.
The preamble basically gives idea of the following things/objects:
➢ Source of the Constitution
➢ Nature of Indian State
➢ Statement of its objectives
➢ Date of its adoption
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Components of Preamble:
● It is indicated by the Preamble that the source of authority of the Constitution lies with
the people of India.
● Preamble declares India to be a sovereign, socialist, secular and democratic
republic.
● The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Objectives of the Indian Constitution:
➢ The Constitution is the supreme law and it helps to maintain integrity in the society
and to promote unity among the citizens to build a great nation.
➢ The main objective of the Indian Constitution is to promote harmony throughout
the nation.
➢ The factors which help in achieving this objective are:
➢ Justice: It is necessary to maintain order in society that is promised through
various provisions of Fundamental Rights and Directive Principles of State
Policy provided by the Constitution of India. It comprises three elements, which is
social, economic, and political.
➢ Social Justice – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender, religion, etc.
➢ Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. Every person must
be paid equally for an equal position and all people must get opportunities to earn
for their living.
➢ Political Justice – Political Justice means all the people have an equal, free and
fair right without any discrimination to participate in political opportunities.
➢ Equality: The term ‘Equality’ means no section of society has any special
privileges and all the people have given equal opportunities for everything without
any discriminations. Everyone is equal before the law.
➢ Liberty: It means no unreasonable restrictions can be imposed on the
citizens in terms of their thoughts, feelings, and views. But liberty does
not mean freedom to do anything, a person can do anything but within
the limit set by the law. Anything that creates public disorder can not come
under liberty. It is important to understand that liberty in no way means ‘absolute
liberty’. These limits or reasonable restrictions are set by the Constitution to avoid
injuries in the name of liberty.
➢ Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an
emotional attachment with the country and all the people. Fraternity helps to
promote dignity and unity in the nation.
Preamble is part of constitution as pronounced by SC in Kesavananda Bharati

Case and again reiterated in LIC Case
So the status is:
Preamble is part of constitution but has no legal effect independently of other parts.
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23.Reorganisation of State,Changing name of City and assigning a new capital

to state :
Reorganisation of States:
Re-organisation of States is the exercise under which different States have been formed
in India from time to time after independence. Certain factors have guided the
re-organisation and both the Parliament and the State Legislatures have played their role in the
process as per the Constitution of our country.
Within the first few years of the enactment and enforcement of
the Constitution, a States Re-organisation Commission was set up which suggested
formation of 14 States and 6 Union Territories based on factors like financial viability,
national welfare and development, language and culture, etc. Parliament passed the
Constitution (7th Amendment) Act, 1956 to give effect to the recommendations of the
Commission. Over the years, a few more States have been created in conformity with the provisions
spelt out in the Constitution. At present, there are 28 States and 8 Union territories
constituting the territory of India.
Part-1 of Constitution(Article 1-4) mainly deals with reorganisation of states:
Article 1 ● India, that is Bharat, shall be a Union of States.
(Name and ● [(2) The States and the territories thereof shall be as specified in the First Schedule.]
territory of ● The territory of India shall comprise:
the Union) ● The territories of the States
● the Union territories specified in the First Schedule; and
● such other territories as may be acquired.
'Territory of India' is a wider expression than the 'Union of India' because the latter
includes only states while the former includes not only the states but also union territories and
territories that may be acquired by the Government of India at any future time
Article 2 ● Parliament may by law admit into the Union, or establish, new States on such
(Admission terms and conditions as it thinks fit
or ● Example: Sikkim by 36th amendment act of 1975
establishment
of new States)
Article 3 ● Parliament may by law:

(Formation of ● form a new State by separation of territory from any State or by uniting two
new States or more States or parts of States or by uniting any territory to a part of any
and State;
alteration of ● Increase the area of any State;
areas, ● diminish the area of any State;
boundaries or ● Alter the boundaries of any State;
names of ● Alter the name of any State
existing Provided that no Bill for the purpose shall be introduced in either House of
States) Parliament except on the recommendation of the President and unless, where the
proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill
has been referred by the President to the Legislature of that State for expressing
its views thereon within such period as may be specified in the reference or within such
further period as the President may allow and the period so specified or allowed has expired.
Not compulsory for president to refer bill to State legislature.
Article 4 Any law referred to in article 2 or article 3 shall contain such provisions for the
amendment of the First Schedule and the Fourth Schedule as may be necessary to give
effect to the provisions of the law.
No such law as aforesaid shall be deemed to be
an amendment of this Constitution for the purposes of article 368.
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New Capital to States:
The Constitution of India has not stated or explicitly mentioned powers to change the
capital of the state. Legal experts argue that this power is implicit in Article 2 and Article
3 of the Constitution of India.
Presently, some states of India like Himachal Pradesh
and Maharashtra, have multiple capitals. Maharashtra has two capitals — Mumbai and
Nagpur — with the latter being the winter capital of the state. Himachal Pradesh has two capitals –
Shimla and Dharamshala. Shimla is the summer capital of Himachal Pradesh and Dharamshala is
the winter capital of Himachal Pradesh.
There is no law in India that prohibits a state from having multiple capitals. Recently the
Andhra Pradesh Legislative Assembly passed a bill that give shape to the state
government's plan of having three capitals — the executive capital in Visakhapatnam,
the legislative one in Amravati, and the judicial in Kurnool.
On March 3, 2022, a division bench of Andhra Pradesh high court headed by chief justice
Prashant Kumar Mishra delivered a landmark judgement declaring that Amaravati
was the only capital of Andhra Pradesh. It said the state legislature had no competence to
enact any legislation on three capitals for the state – executive capital at Visakhapatnam, judicial
capital at Kurnool and legislative capital at Amaravati, as proposed by the Jagan Mohan Reddy
government in November 2019.
When the three capitals case was being heard, the
Central government informed the High Court that the States have the power to
decide on their capital.AP Govt challenged the HC decision in Supreme court, matter is
currently sub-judice.
Centre accepts that States have right to decide their capitals: Sajjala - The Hindu
24.Language of State and Judiciary: Constitutional Provisions
Regional Languages:
Article 345 Subject to the provisions of articles 346 and 347, the Legislature of a State may by law
(Official language or adopt any one or more of the languages in use in the State or Hindi as the
languages of a State) language or languages to be used for all or any of the official purposes of that
State.
Article 346 ➢ The language for the time being authorised for use in the Union for official
(Official language purposes shall be the official language for communication between one State
for communication and another State and between a State and the Union.
between one State ➢ Provided that if two or more States agree that the Hindi language should be
and another or the official language for communication between such States, that language
between a State and may be used for such communication
the Union)
Article 347 On a demand being made in that behalf the President may, if he is satisfied that
(Special provision a substantial proportion of the population of a State desire the use of any
relating to language language spoken by them to be recognised by that State, direct that such
spoken by a section language shall also be officially recognised throughout that State or any part
of the population of thereof for such purpose as he may specify.
a State)
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Article 350 Every person shall be entitled to submit a representation for the redress of any
(Language to be grievance to any officer or authority of the Union or a State in any of the
used in redress of languages used in the Union or in the State.
grievances)
Article 350A It shall be the endeavour of every State and of every local authority within the
(Facilities for State to provide adequate facilities for instruction in the mother-tongue at the
instruction in primary stage of education to children belonging to linguistic minority groups;
mother-tongue at and the President may issue such directions to any State as he considers necessary
primary stage)
Article 350B There shall be a Special Officer for linguistic minorities to be appointed by the
(Special Officer for President.
linguistic It shall be the duty of the Special Officer to investigate all
minorities) matters relating to the safeguards provided for linguistic minorities under this
Constitution and report to the President upon those matters at such intervals
as the President may direct, and the President shall cause all such reports to be laid
before each House of Parliament, and sent to the Governments of the States concerned
Article 351 It shall be the duty of the Union to promote the spread of the Hindi language,
(Directive for to develop it so that it may serve as a medium of expression for all the elements of
development of the the composite culture of India and to secure its enrichment by assimilating without
Hindi language) interfering with its genius, the forms, style and expressions used in Hindustani
and in the other languages of India specified in the Eighth Schedule, and by
drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and
secondarily on other languages.
Language of Judiciary:
● Clause 1 of Article 348 (“Language to be used in the Supreme Court and in the
High Courts and for Acts, Bills, etc.”) says:
➢ That “until Parliament by law otherwise provides”, “all proceedings in the
Supreme Court and in every High Court”, and
➢ All Bills, Acts, ordinances, rules, and orders etc. at the Union and state
levels, “shall be in the English language”.
● However, Article 348 (2) permits “the use of the Hindi language, or any other
language used for any official purposes of the State, in proceedings in the High
Court having its principal seat in that State” after authorisation by the
Governor and “with the previous consent of the President”.
● While the proceedings could be in any official language, Article 348 (2) mandates
that “any judgment, decree or order passed or made by such High Court” must
be in English.
● Section 7 of the Official Languages Act dealt with “Optional use of Hindi or other
Official language in judgements etc. of High Courts”. It said that from the day
he/she is appointed, the Governor of a state can, with the President’s consent,
“authorise the use of Hindi or the official language of the State, in addition to
the English language, for the purposes of any judgment, decree or order passed or made
by the High Court for that State”, adding that it shall be accompanied by an English
translation.
● Chief Justice of India’s consent must be taken on any proposal concerning the use of
any language besides English in the High Courts.
● In lower courts: Acc to code of civil procedure State Government may determine
what shall be, for purposes of this Code, the language of each Court within the
State other than the High Court.The language used in courts: What the
Constitution and laws say | Explained News - The Indian Express
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25.Minority- Identification,Privileges,Rights and Minority Educational Inst.

Constitutional Provisions
The Constitution does not define the term “minorities” anywhere, but only mentions
it in some Articles.
Article 29 ➢ Any section of the citizens residing in the territory of India or any part thereof
having a distinct language, script or culture of its own shall have the right to
conserve the same.
➢ No citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds only of religion, race,
caste, language or any of them.
Article 29(1) extends to all the citizens irrespective of the fact whether they are in
majority or minority, the only condition being that such section must have a distinct language,
script or culture of its own.
Difference in Article 29(2) and 15(1):
● While Article 15(1) prohibits discrimination on the ground of religion, race, caste, sex or place
of birth, Article 29(2) prohibits denial of admission to educational institutions aided or
maintained by the State on the ground of religion, race, caste or language.
● Article 15(1) extends against the State, while Article 29(2) extends against the
State as well as others, i.e., educational institutions maintained by the State or those
belonging to private persons but getting grants-in-aid.
● Article 15(1) is more general and wider in its operation than Article 29(2).
Article 30 ➢ All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
➢ In making any law providing for the compulsory acquisition of any property of an educational
institution established and administered by a minority, referred to in clause (1), the State shall
ensure that the amount fixed by or determined under such law for the acquisition of such
property is such as would not restrict or abrogate the right guaranteed.
➢ The State shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority
Article 350A and 350B are covered in previous article.
Statutory Provisions and SC Judgement

Communities notified under Section 2(c) of the National Minorities Commission Act,
1992 by the central government are regarded as minorities.
● Hence, in the exercise of its powers, the Centre has notified six groups — Muslims,
Christians, Sikhs, Buddhists, Parsis and Jains— as ‘minority’ communities.
SC Judgement in this regard:
TMA PAI ➢ In 2003, an 11 Judge Bench of the Supreme Court decided the scope of right of
Case,2002 minorities to establish and administer educational institutions.
➢ The majority opinion delivered by 6 Judges held that only the State can determine
the status of a religious or linguistic minority and religious and linguistic
minorities, who have been put on a par in Article 30, have to be considered
State-wise.
➢ However, the right under Article 30(1) cannot be such as to override the national interest
or to prevent the Government from framing regulations and any regulation framed in the
national interest must necessarily apply to all educational institutions, whether run by
the majority or the minority.
➢ Government regulations cannot destroy the minority character of the institution
or make the right to establish and administer a mere illusion.
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BAL PATIL ➢ In 2005, the SC in its judgment in ‘Bal Patil’ referred to the TMA Pai ruling,
Case: and said that the verdict in the TMA Pai Foundation case (supra) has clarified that
the unit for determining the status of both linguistic and religious
minorities would be ‘state’.
Sunil Kumar ➢ The right of an institution, whether run by a majority or minority

Sharma vs State community, to get government aid is not a fundamental right. Both have to
Of U.P. & equally follow the rules and conditions of the aid, the Supreme Court held in a judgment.
Others, 2021 ➢ The Bench clarified that if the government made a policy call to withdraw
aid, an institution cannot question the decision as a “matter of right”. A grant
of government aid comes with accompanying conditions. An institution is free to choose
to accept the grant with the conditions or go its own way.
An institution’s right to govt. aid is not a fundamental right: SC - The Hindu
Pharmacy ➢ Constitution Bench of this Court in the aforesaid case, in unequivocal terms, holds that
council 2022 in view of Article 19(1)(g) and Article 26 of the Constitution of India, all
judgment citizens and religious denominations are conferred with a right to establish
and maintain educational institutions.
➢ Reasonable restrictions on such a right can be imposed only by a law and not by an
execution instruction.
'Right to establish an educational institution is a fundamental right'; Pharmacy Council of
India can only impose moratorium by way of a law and not by execution instruction: SC |
SCC Times
Minority Education Institutions and Recent AMU Case:
MEIs are colleges or institutions established by a minority group to protect and promote
their culture and traditions.
● The roots of Aligarh Muslim University (AMU) can indeed be traced back to the
Muhammadan Anglo-Oriental (MOA) College, established by Sir Syed Ahmad
Khan in 1875. The primary aim was to address the educational backwardness among
Muslims in India during that period.
● In 1920, the institution gained University status through an Act of the Indian
Legislative Council. This transition elevated the MOA College to become Aligarh Muslim
University (AMU).
● Origin of dispute:
➢ originated in legal challenges to the AMU Act of 1920, with significant amendments in
1951 and 1965. Changes included replacing the ‘Lord Rector’ with a ‘Visitor’ (President
of India) and allowing non-Muslims in the University Court.
● The SC’s 1967 ruling held that AMU, being a central university, couldn’t be
considered a minority institution. This raised questions about AMU’s minority
character, challenging the notion that its establishment solely relied on the efforts of the
Muslim minority. AMU was established through a central Act to ensure
government recognition of its degrees, indicating that the Act itself wasn't
solely the product of the Muslim minority's efforts
● In 1981, AMU was recognized as an “institution of national importance” by the
Union government.
● Following the SC’s 1967 ruling, protests erupted and it led to an amendment affirming
AMU’s minority status in 1981.
● However, the Allahabad High Court nullified the 1981 Act in 2005, rejecting the
reservation.
● In 2019, a three-judge Bench referred the dispute to a seven-judge Bench.
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SC Observations:
Observations Supreme Court’s Stance
On Minority Status The court emphasized that regulation by statute doesn’t diminish minority status.
Article 30 doesn’t mandate exclusive administration by the minority community.
Article 30(1) of the Constitution grants religious and linguistic minorities the right
to establish and administer educational institutions of their choice
Can have Secular A minority institution can have a secular administration and admit students from
Administration diverse communities; it need not exclusively offer religious courses.
Majority The presence of majority community members in administrative roles doesn’t

Community in necessarily dilute the minority character of educational institutions.
Administration
Judgment is yet to come.

Aligarh Muslim University minority status case: 3 key legal issues argued before the Supreme Court
| Explained News - The Indian Express
26.Fundamental Duties.
Cover on your own from any basic source.
26.73rd and 74th Amendment-Division of subject between state and local govt
Cover on your own from any basic source and you can also read this original document of
constitution(Imp parts are marked) - https://t.me/iasecprelims/641
11th Schedule pdf : 1[ELEVENTH SCHEDULE

12th Schedule pdf: https://www.mea.gov.in/Images/pdf1/S12.pdf
Local Govt Source of revenue:
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PESA Act:
Based on the recommendation of the Bhuria Committee in 1995, the Parliament enacted
the Panchayat Extension to the Scheduled Areas (PESA) Act, in 1996.
● It is now applicable in the Fifth Schedule areas, which deals with the administration
of the districts dominated by the tribal communities.
● it was enacted in 10 states namely, Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Orissa,
Rajasthan, and Telangana.
Definition of Village and Gram Sabha under PESA Act :
● A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a
group of hamlets comprising a community and managing its affairs in accordance with
traditions and customs.
● Every village shall have a Gram Sabha consisting of persons whose names are included in
the electoral rolls for the Panchayat at the village level.
PESA Empowers Gram Sabha/Panchayat at appropriate level with:
● Right to mandatory consultation in land acquisition, resettlement and rehabilitation of
displaced persons.
● Panchayat at an appropriate level is entrusted with planning and management of minor
water bodies.
● Mandatory recommendations by Gram Sabha or Panchayat at appropriate
level for prospective licenses/lease for mines and concession for the exploitation
of minor minerals.
● Regulate sale/consumption of intoxicants.
● Ownership of minor forest produce.
● Prevent land alienation and restore alienated land. Manage village markets.
● Control over money lending to STs.
● Control over institutions and functionaries in the social sector, local plans including Tribal
sub plans and resources.
28.Sixth Schedule - How differ from Fifth Schedule

Constitutional Provisions:
Article 244 in Part X of the Constitution envisages a special system of administration for certain
areas designated as:
● 5th Schedule deals with administration and control of scheduled areas and
scheduled tribes in any state except Assam, Tripura, Meghalaya and
Mizoram(ATMM).
● 6th Schedule deals with administration of tribal areas in states of Assam, Tripura,
Meghalaya and Mizoram(ATMM)
6th Schedule:
Considering the distinct life and outlook of the tribals in the North-East (erstwhile State of Assam),
the Constituent Assembly recognised the necessity of a separate administrative structure for the
tribals in the region. Therefore, under Article 244(2) of the Constitution, the Sixth
Schedule makes special arrangement for the administration of Tribal Areas in the
States of Assam, Meghalaya, Mizoram and Tripura.
● The Sixth Schedule has provision for the creation of Autonomous District
Councils, and Regional Councils endowed with certain legislative, executive, judicial
and financial powers. However, the administrative powers and functions of these District
Council and Regional Council differ from State to State
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● According to Para 2(1) the Sixth Schedule, each Autonomous District shall have a
District Council consisting of not more than thirty members, out of which four
are nominated by the Governor while the rest are elected on the basis of adult
franchise (the newly added Bodoland Territorial Council is an exception; it can have up to
forty-six members).
● The Sixth Schedule conferred them certain Executive, Legislative and Judicial powers so
that they have got the autonomy to make laws of their land, managing their forests (other
than the reserved forest), the appointment of traditional chiefs and headman, inheritance of
property, marriage, social customs, taxation etc.
● The acts of Parliament or the state legislature do not apply to autonomous
districts and autonomous regions or apply with specific modifications and
exceptions.
Legislative Powers Para 3 of the Sixth Schedule provides the provision for the District Council and Regional
Councils to make rules:
➢ In respect of lands, management of forest (other than the Reserved
Forest), use of canal or water-course for agriculture, regulation of jhum and
other forms of shifting cultivation
➢ Establishment and administration of village or town committees,
appointment or succession of Chiefs or Headmen.
➢ Inheritance of property, marriage and divorce and social practice with the
prior approval of the Governor.
Under Para 10:
➢ The District Council of an Autonomous District has the power to make law for the
regulations and control of money-lending or trading by any person other
than Scheduled Tribe residents in that Scheduled District
➢ However, all laws made under this provision shall have no effect until
assented by the Governor of the State.
Executive Powers The District Councils and Regional Councils are given the power to establish, construct
or manage primary schools, dispensaries, markets, cattle ponds, fisheries,
roads, road transport and waterways in the districts. The Councils are also
authorized to prescribe the language and manner of instruction in the primary
schools.
Judicial Powers ➢ The District and Regional Councils are also empowered to constitute Village and
District Council Courts for trial of suits and cases where all parties to the
dispute belong to Scheduled Tribes within the district.
➢ And no other courts except the High Courts and the Supreme Court has the
jurisdiction over such suits or cases of the Council Courts.
➢ However, these Council Courts are not given the power to decide cases involving
offences punishable by death or imprisonment for five or more years.But the
Governor of the state can confer upon the ADCs and ARCs the power to try them under the
country’s criminal and civil laws.
Financial Powers ➢ They are empowered to prepare a budget for their respective Council.Under
Para 8 of the Sixth Schedule
➢ District and Regional Councils are empowered to assess and collect land revenue
and impose taxes on professions, trades, animals, vehicles, taxes on entry of
goods into the market for sale
➢ Toll on passengers and goods carried in ferries and taxes for the maintenance
of schools, dispensaries or roads within their respective jurisdiction.
➢ And under Para 9 of the Schedule, the Councils are given the power to grant licenses
or leases for extraction of minerals within their jurisdiction.
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6th Schedule vs 5th Schedule:
Basis 5th Schedule 6th Schedule
Applicability Andhra, Telangana, Jharkhand, Assam,Meghalaya, Tripura, Mizoram.

Chattisgarh, Odisha, HP, MH, MP, GJ, RJ.
Except ATMM states
Declaration President- can decrease, increase, alter its Governor

boundary lines, in consultation with the
Governor.
Executive ● Executive power of a State extends The tribal areas in the four states have
Power to the scheduled areas therein. been constituted as autonomous
● Executive power of the Centre extends districts. But they do not fall outside the
to giving directions to the states executive authority of the State concerned
regarding the administration of such
areas
Councils Each state having scheduled areas has to District council consisting of 30
establish a tribes advisory council. It is members, 4 nominated by the
to consist of 20 members, 3/4 th of Governor and the remaining 26 are
whom are to be the representatives of elected on the basis of adult franchise
the scheduled tribes in the state
legislative assembly
Applicability Governor is empowered to direct that Acts of Parliament or the State

of Law any particular act of Parliament or Legislature do not apply to autonomous
the State Legislature does not apply districts and autonomous regions or apply
to a scheduled area or apply with with specific modifications and exceptions.
specified modifications and exceptions
Autonomy Panchayats (Extension to Schedule Greater autonomy compared to 5th

Areas) act 1996. Schedule.
29.India’s Federalism-Asymmetric Federalism

Federalism:
Nations are described as ‘federal’ or ‘unitary’, depending on the way in which governance is
organised.
● In a unitary set-up, the Centre has plenary powers of administration and
legislation, with its constituent units having little autonomy.
● In a federal arrangement, the constituent units are identified on the basis of
region or ethnicity, and conferred varying forms of autonomy or some level of
administrative and legislative powers.
Unitary and federal governments operate differently. In countries like China and the United
Kingdom, where there is a unitary government, the center holds power. In countries like India,
Pakistan, Brazil, Canada etc.
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Indian Federalism:
The Supreme Court has commented on the nature of the Indian Union in several
judgments. It has noted that the essence of a ‘federation’ is the existence of the Union of
the States, and the distribution of powers between them.
In S.R. Bommai vs. Union of India:
● It notes the commonly invoked model of federalism is the United States, by
which it is clear that it is a federation of States.
● These States were independent and sovereign in their territories, and decided to form a
federation. Their territories cannot be altered by the federal government.
● In India, on the other hand, Parliament has the power to admit new States, create
new States, alter their boundaries and their names, and unite or divide the
States.
● The concurrence of States is not needed for the formation and unmaking of States
and Union Territories.
● Further, the court noted the existence of several provisions of the Constitution
that allow the Centre to override the powers of the States.
● In legislation, there is a Concurrent List, unlike in the U.S., which outlines the
powers of the federal government, and leaves any matter not mentioned in it
as the legislative field for the States.
● In India, the residuary powers of legislation, that is the power to make law in a
field not specified in the Constitution, is vested in Parliament, whereas in the
U.S., residuary powers are with the States.
● Further, in fiscal matters, the power of the States to raise their own resources is
limited, and there is a good deal of dependency on the Centre for financial assistance.
● Even though the States are sovereign in their prescribed legislative field, and their executive
power is co-extensive with their legislative powers, it is clear that “the powers of the States
are not coordinate with the Union”.
● This is why the Constitution is often described as ‘quasi-federal’.
Dr. B R Ambedkar called India as an "indestructible Union of destructible states".
Asymmetric Federalism:
The main forms of administrative units in India are the Centre and the States. But
there are other forms, too, all set up to address specific local, historical and
geographical contexts. Besides the Centre and the States, the country has Union
Territories with a legislature, and Union Territories without a legislature.
● Puducherry and Delhi have legislatures, while the other territories under the Centre do not
have legislatures or a ministerial council to advise the administrator.
● Even between Puducherry and Delhi, there is a notable difference. Puducherry
has legislative powers on any matter mentioned in the State List or the Concurrent List,
insofar as it applies to the Union Territory.
● Delhi, which has the same field, has three further exceptions: police, land and public order
are outside its purview. However, Parliament has overriding powers over any law made by
the Assembly in the Union Territories.
● Besides Puducherry and its adjoining areas, it has enclaves located within other
States: Karaikal (within Tamil Nadu) Yanam (within Andhra Pradesh) and
Mahe (within Kerala).
Just as the Centre and the States do not have matching powers in all matters, there are some
differences in the way some States and other constituent units of the Indian Union
relate to the Centre. This creates a notable asymmetry in the way Indian federalism
works.
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The foremost example of asymmetry among Centre-State ties was in the way J&K
related to India until August 6, 2019, the day the President declared that its special
status ceased to be operative. Under Article 370, the State was allowed to have its own
Constitution, its own definition of ‘permanent residents’, the right to bar outsiders from holding
property, and the privilege of not having any Indian law automatically applicable to its territory.
Special status is not unique to Kashmir. However,
the sort of asymmetry seen in J&K’s relationship to the Centre is not seen in other States. The
‘special provisions’ applicable to some other States are mainly in the form of
empowering the Governors to discharge some special responsibilities. These States
are Maharashtra, Gujarat, Manipur, Nagaland, Sikkim and Arunachal Pradesh. The
common feature is that wherever Governors have been asked to discharge special responsibilities,
their discretionary power overrides the process of consultation with the respective Council of
Ministers.
Article Provision
Article 371 ● The Governor of Maharashtra has a special responsibility to establish separate
development boards for Vidarbha, Marathwada, and the rest of the State.
● The Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch, and
the rest of Gujarat.
Article 371A ● No law made by Parliament in relation to Naga customary law and procedure will
apply to Nagaland unless the Legislative Assembly of Nagaland decides so.
● Further, the Governor of Nagaland has a ‘special responsibility’ regarding law and order
in the State.
Article 371B Special provision for Assam under which a committee of legislators from the tribal areas
was formed to look after their interests.
Article 371C ● The Hill Areas of Manipur ought to have a committee of legislators.
● The Governor has a special responsibility to make an annual report to the President on the
administration of the Hill Areas.
Article 371D The President can pass an order to provide equitable opportunities and facilities
to people belonging to different parts of Andhra Pradesh and Telangana in public
employment and education. The President can specify any part of the State as a ‘local
area’ for this purpose. To give effect to this arrangement, an Administrative Tribunal
has been set up. No court, other than the Supreme Court, has any power of
superintendence over this tribunal
Article 371F To grant protection to existing laws in Sikkim so that they are not declared
unconstitutional after Sikkim’s integration with India.
Article 371G Special provisions to preserve the religious and social practices of Mizos in Mizoram and
their customary law and procedure and administration of criminal and civil justice, besides
ownership of land.
Article 371H Article 371H vests a special responsibility on the Governor of Arunachal Pradesh with
respect to law and order. It makes clear that the Governor shall discharge this function after
consulting the Council of Ministers, but exercise his individual judgment as to the action
taken.
Other Examples:
● Sixth Schedule
● Special Category status to some states
● Ladakh has two autonomous hill development councils (Leh and Kargil). The Darjeeling
Gorkha Hill Council is in West Bengal.
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30.Lapsing of Bills and Motions in Both Houses
Lapses after ● A bill pending in the Lok Sabha lapses (whether originating in the
dissolution Lok Sabha or transmitted to it by the Rajya Sabha).
● A bill passed by the Lok Sabha but pending in the Rajya Sabha
lapses
● When the Lok Sabha is dissolved, all business including bills, motions,
resolutions, notices, petitions, etc. pending before it or its committees
lapse.
●
Does not lapses after ● The Assurance(s) do not lapse either on the dissolution or on the
dissolution expiry of the term of the Lok Sabha. The Assurances are pursued by
Lok Sabha Secretariat as well as by the Ministry of Parliamentary Affairs
until the Assurance(s) are brought to logical end.
● A bill not passed by the two Houses and if the president has notified the
holding of a joint sitting before the dissolution of Lok Sabha.
● A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not
lapse.
● A bill passed by both Houses but pending assent of the president does not
lapse.
● A bill passed by both Houses but returned by the president for
reconsideration of Houses does not lapse.
Prorogation (of a session) does not affect the bills or any other business pending
before the House. However, all pending notices (other than those for introducing bills)
lapse on prorogation and fresh notices have to be given for the next session.
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31. Powers of President/Governor - Veto,Pardon and Ordinance

Article 72 ● The President shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any
offense -
a) in all cases where the punishment or sentence is by a Court Martial;
b)in all cases where the punishment or sentence is for an offense against any law relating to a
matter to which the executive power of the Union extends;
c) in all cases where the sentence is a sentence of death.
Article 161 ● The Governor of a State shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any person
convicted of any offense against any law relating to a matter to which the executive power
of the State extends.
Article 123 ● Article 123 of the Indian Constitution vests the President of India, the power to
promulgate ordinance when either of the two houses of the Parliament is not in session
● The President may issue ordinances when one house of Parliament is not in session.
● Ordinances are valid for a maximum of 6 months and 6 weeks.
● An ordinance lapses after 6 weeks once both houses of Parliament reconvene.
● Constitutional amendments cannot be enacted through the ordinance route.
● Ordinances are intended for immediate action; the President may promulgate them if
circumstances demand urgent measures.
● The President can issue an ordinance only on the subjects on which Parliament can make
legislation
● Either to introduce or withdraw the ordinance, the President can act only on the advice
of the Prime Minister and his Council of Ministers. Thus, the ordinance making
power of the President is not a discretionary one.(Similar to governor)
Article 213 ● Article 213 of the Indian Constitution grants authority to the State Governor to issue
ordinances in the absence of the State Legislative Assembly.
● In the six states with bicameral legislatures (Karnataka, Andhra Pradesh, Telangana,
Maharashtra, Bihar, and Uttar Pradesh), where both the State Legislative Assembly and
State Legislative Council exist, the Governor can promulgate ordinances if either house is
not in session or when both houses are not in session.
Article 111 ● When a bill is passed by the Houses of Parliament, it must be presented to the President.
● The President has the option to either approve the bill or veto it.
● Alternatively, the President can return the bill (except for Money Bills) to Parliament,
requesting reconsideration.
Article ● Article 200 of the Indian Constitution deals with the powers of the Governor with regard
200 to assent given to bills passed by the State legislature and other powers of the Governor
Article 201 such as reserving the bill for the President's consideration.
● Article 201 pertains to ‘Bills Reserved for Consideration’.
● The Governor of India enjoys absolute veto, suspensive veto (except on money bills) but
not the pocket veto.
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Judgements
Punjab government ● The Supreme Court has ruled that if a Governor refuses to sign a bill, he must
Vs Governor return it to the State assembly “as soon as possible” with a request to reconsider
Banwarilal Purohit the proposed legislation.
● This effectively means that the Governor either grants assent in the first instance
or will be compelled to do so after the Bill’s second passage.
State of Haryana & ● Section 433A of CrPC says that if a convict has been awarded clemency (mercy) in
Ors vs Raj Kumar any of the scenarios mentioned above, then he cannot be released before
completing at least 14 years of sentence in jail.
● But the Supreme Court, in the above-mentioned case, held that the Governor can
grant pardon to a person, including the death row convicts, even before
they complete 14 years of imprisonment.
Krishna Kumar Singh ● Reiterated that legislation should normally be done by the legislature, and the
and Another v. State Governor’s power to issue an Ordinance is in the nature of an emergency power.
of Bihar ● The court clarified that there might be circumstances permitting the
re-promulgation of an Ordinance — however, it said, repeated
re-promulgations without bringing the Ordinance to the legislature
would usurp the legislature’s function, and will be unconstitutional.
Types of Veto in Indian Context

1. Absolute Veto:
a. The Absolute Veto refers to the power of the President to withhold his assent to a
bill.
b. Without the President's approval, the bill cannot become law.
c. When the President exercises his absolute veto, the bill is not passed into law, and it
cannot be reintroduced in the same session of the Parliament. If the Parliament
wishes to reintroduce the bill, it must be introduced afresh in the next session.
2. Suspensive Veto:
a. The President can temporarily suspend a bill passed by Parliament.
b. The power of the President to return a bill for reconsideration of the
Parliament.
c. However, if the bill is passed again by Parliament, with or without changes, and
presented to the President, the President is required to grant his assent to the bill.
d. The president must give assent to constitutional amendment bills, he cannot
withhold the bills (Article 368 (2)).
3. Pocket Veto:
● That allows the President to exercise authority over a bill without taking any
action (keeping it in his pocket).
● The Constitution does not give any time-limit to the President within which he has
to act upon the bill.
The Doctrine of Colorable Legislation

● This doctrine means that if a legislature lacks the jurisdiction to enact laws on a specific
subject directly, it cannot make laws on it indirectly. This doctrine came into
existence to check the transgression of legislative authorities.
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32. Appointment of district judges and powers of HC

Appointment procedure
● They are appointed by the Governor of the state based on the recommendation of the
Chief Justice of the High Court of respective states.
● District Judges are the Judges who preside over the District Court.
● The District Judges have jurisdiction both on civil and criminal matters
Qualifications
● The person must have been practicing as an advocate or pleader for at least seven years
● They must not be employed by the Union or the State in any other capacity
● They must be approved for employment by the High Court.
● The State Public Service Commission conducts an exam and the High Court Panel of Judges
would interview the recommended candidates.
● The Governor of the state will appoint the District judges based on the recommendations of
the Chief Justice of the High Court.
Article 233 ● It mentions the appointment of the District Judges. It mentions the
qualifications which have to be met to be considered for appointment
as a District Judge.
Article 233A ● Article 233A validates the appointments of Judges made before the
commencement of the Constitution (Twentieth Amendment) Act 1966
as they are not in accordance with Article 233 and 235.
Article 235 ● Article 235 vests the authority of control over District courts and
Subordinate courts in the High Court.
Judgements
All India ● The Supreme Court of India has emphasized the crucial role of the
Judges district judiciary in upholding justice and declared its independence as
Association an integral part of the basic structure of the Constitution
● The court underscored the need for judicial independence from the
executive and legislature, including matters of finances
● The term "subordinate judiciary" rejected as it misrepresents the
constitutional position of a district judge
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33. Reservation in local bodies,Right to Vote,Voting powers of Prisoners and

Electronic voting
Reservation in local bodies
● Recently, the Supreme Court allowed 27% reservation for Other Backward Classes
(OBCs) in all the upcoming local body elections in Maharashtra.
● The decision was made based on the suggestions put forth by the Justice K S Jhaveri
Commission, which was established following a directive from the Supreme Court in 2022
to propose recommendations regarding OBC reservation in local bodies in Gujarat.
● However, the expanded OBC reservation will not apply to regions governed by the PESA Act
of 1996, where the ST population surpasses 50%. In these areas, OBC candidates will
receive a reservation of 10%.
● The existing quota for SCs (14%) and STs (7%) remains unchanged without any breach of
the 50% reservation ceiling as mandated by the SC.
73rd&74th CA ● It provides for reservation for the SCs, STs in Panchayats (at three levels) in
Act proportion to their population as mandatory provision.
● It also provides for reservation of chairperson posts for SCs and the STs by the state
legislature.
● The act provides for not less than 1/3rd of the seats in Panchayat at three levels to
be reserved for women (including SCs and STs seats). Similarly, not less than 1/3rd
seats to be reserved for women for chairpersons at all levels.
● It empowers the state legislature for providing reservation in Panchayats to
backward classes.
● Similar provision for reservation exists in 74th amendment act in case of
municipalities
Article 243 D ● It provides for reservation at the level of Panchayats
Article 243 T ● It provides for reservation at the level of municipalities.
Right to Vote(recent SC observation)

● The Supreme Court Dismisses PIL To Declare Right To Vote As Fundamental Right
● Right to vote has been held to be a “statutory right“ by the SC
● Right to vote is a Constitutional Right under Article 326
Article 326 ● Article 326 of the Constitution provides that the elections to the House
of the People and to the Legislative Assembly of every State shall be on
the basis of adult suffrage, that is to say, a person should not be less
than 21 years of age.
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Voting Powers of Prisoners
● Under Section 62(5) of the Representation of the People Act, 1951, individuals in the lawful
custody of the police and those serving a sentence of imprisonment after conviction
cannot vote. Undertrial prisoners are also excluded from participating in elections even if
their names are on the electoral rolls.
● Only those under preventive detention can cast their vote through postal ballots
Electronic Voting
● It will allow electors to vote from faraway cities without going to the designated polling
station of their constituencies.
● The remote e-voting machine will be a standalone device which doesn’t need connectivity to
operate.
● The Representation of the People Act, The Conduct of Election Rules and The Registration
of Electors Rules will need to be amended to introduce remote voting.
34. Rights and liabilities of Government,Solicitor General of India

About Solicitor General of India
● The Constitution of India has no mention of the position of a Solicitor General
● The Solicitor General is the ‘second highest law officer’ in the country after the Attorney
General of India.
● The Attorney General is assisted by the Solicitor General of India and several Additional
Solicitors General of India for the fulfillment of his official responsibilities.
Duties and Role of the Solicitor General

● The Law Officers (Conditions of Service) Rules, 1987 (“Rules”) govern the duties and
responsibilities of the Solicitor General along with other Law Officers (which include the
Attorney General and Additional Solicitor Generals)
● To advise the Government of India on legal matters that may be assigned;
● To appear on behalf of the Government of India (in the Supreme Court or in any High
Court), if the government is a party to a case or is interested in it;
● To represent the Government of India in a reference made by the President to the Supreme
Court under Article 143 of the Constitution;
● To discharge any other functions that may be conferred on her/him by any law;
Limitations on the Solicitor General

● Appearing for parties other than the ones mentioned above
● Advising any party against the Government of India or a Public Sector Undertaking, or in
cases where s/he may appear for the Government of India or a Public Sector Undertaking;
● Defending an accused person in a criminal case without the permission of the Government
of India;
● Accepting any appointment to any office in any company or corporation without the
permission of the Government of India
● Unlike the Attorney General, the Solicitor General does not have rights regarding
participation in parliament.
● The typical tenure of the Solicitor General is three years, but the position is held at the
pleasure of the President
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35. Powers to suspend Internet

Parliamentary Provisions
● Internet shutdowns by themselves were historically expressed under the Section 144 of
CrPC that permits the Magistrates to direct properties i.e. cell phones, towers etc. to be
used in certain ways.
● Till the year 2017, shutdowns were imposed largely under Section 144 of the Code of
Criminal Procedure (CrPC).
● However, in 2017 the law was amended and the Government promulgated the Temporary
Suspension of Telecom Services (Public Emergency or Public Safety) Rule
2017.
Temporary Suspension of Telecom Services (2017)

● The substantive law regarding suspension of Internet services is a broad interpretation of
Section 5(2) of Telegraph Act 1855, although the traditional law regarding the same
was not a lump of the former Act or Rules
● The method to suspend telecom services in case of Public Emergency or Public Safety and
consequently, the suspension of Internet services in India was notified under Section 7 of
The Telegraph Act, 1855, in August 2017
Authority who are able to order such directions

● The Secretary in the Ministry of Home Affairs. (Central Government)
● The Secretary of the Home Department to the concerned State Government.
(State Government)
● However, in Inevitable Circumstances, such an order may be issued by an officer
ranked Joint Secretary or above who has been properly permitted by the Union Home
Secretary or State Home Secretary.
● Even so, inevitable circumstances have not been defined under the Telegraph Rules,
Telegraph Act or any other legislation or judgments by court of law, so there is no
prescribed method to observe a situation as inevitable.
● Further the Rules states that the order issued under inevitable circumstances will be subject
to the confirmation from the aforesaid authorities within 24 hours and will cease to exist in
case of failure to obtain the confirmation.
● The rules mandate that the order passed by the efficient authority must contain reasons for
such direction and a copy of the order must be forwarded to a Review Committee by the
next day.
Recent Supreme Court order

● In January 2020 the Supreme Court by ruling on Jammu and Kashmir Internet shutdown
held that indefinite internet shutdowns by the State is not permissible under
Indian Constitution and it‘s an abuse of power
● Usage of the Internet is the Fundamental Right under Article 19 of the Indian
Constitution.
● Internet shutdowns can be of temporary period but not for indefinite period.
● Government to publish all orders imposing restrictions under Section 144.
● The Court had also said that any order with regard to Internet Shutdowns will
come under Judicial Scrutiny
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Regulation of OTT in India
● Recently, Telecom Disputes Settlement Appellate Tribunal (TDSAT) has ruled that Over
The Top (OTT) platforms like Hotstar are not in the jurisdiction of the Telecom Regulatory
Authority of India (TRAI) and are governed by the Information Technology Rules, 2021,
notified by the Ministry of Electronics and Information Technology (MeitY)
● Content regulation falls under the Ministry of Information and Broadcasting (MIB), not
TRAI
● Certain laws such as Information Technology Act 2000, Indian Penal Code 1861, and
Indecent Representation of Women (Prohibition) Act 1986 have been made applicable to
the content generated on OTT Platforms.
● New IT Rules 2021: Government has come up with Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules 2021 under section 87 (2) of the
Information Technology Act, 2000.
● As per the rules, the Ministry of Information and Broadcasting (I&B) shall
regulate content on OTT and online platforms.
● The Code of Ethics for online news, OTT platforms and digital media prescribe the
guidelines to be followed by OTT platforms and online news and digital media entities.
● Self-Classification of Content: OTT platforms would self-classify the content into five
age-based categories: U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).... Read
more at: https://www.studyiq.com/articles/regulation-of-ott-platforms-in-india/
● India’s approach to OTT regulation can be termed as a light-touch ‘coregulation’ model
where there is ‘self-regulation’ at the industry level and final ‘oversight mechanism’ at the
Ministry level.
36. Rajya Sabha Election - Issue of Domicile,Is NOTA valid?

Article 80 ● The Article 80 of the Indian Constitution specifies the Composition of the Rajya Sabha or
Council of States.
● The Rajya Sabha shall consist of not more than 238 representatives of the States and of the
Union territories, and 12 nominated members.
● The representatives of each State to the Rajya Sabha are elected indirectly by the elected
members of their Legislative Assembly.
● The polls for Rajya Sabha will be required only if the number of candidates exceed the
number of vacancies.
Tenth Schedule ● The 52nd constitutional amendment introduced the anti-defection law through the Tenth
and Rajya Sabha Schedule in 1985.
elections ● This Schedule provides that a member of a House of Parliament or State legislature who
voluntarily gives up the membership of their political party or votes against the instructions
of their party in a House are liable for disqualification from such House.
● This instruction with respect to voting is issued by the whip of a party.
● However, the elections to Rajya Sabha are not treated as a proceeding within the
Legislative Assembly.
● The Election Commission, drawing reference to Supreme Court judgments, had issued a
clarification in July 2017.
● It specified that the provisions of the 10thSchedule, with respect to voting against the
instruction of the party, will not be applicable for a Rajya Sabha election.
● Furthermore, political parties cannot issue any whip to its members for such elections.
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Judgements
Kuldip Nayar versus ● The Supreme Court in Kuldip Nayar versus Union of India (2006), upheld the
Union of India (2006) system of open ballot for Rajya Sabha elections.
● It reasoned that if secrecy becomes a source for corruption, then transparency has
the capacity to remove it.
● The same court held that an elected MLA of a political party would not face
disqualification under the Tenth Schedule for voting against their party candidate.
● He/she may at the most attract disciplinary action from their political party.
Ravi S. Naik and ● In this judgement, the apex court held that voluntarily giving up membership under
Sanjay Bandekar the Tenth Schedule is not synonymous with only formally resigning from the party
versus Union of India to which the member belongs.
(1994) ● The conduct of a member both inside and outside the house can be looked into to
infer if it qualifies as voluntarily giving up membership.
Cross Voting in Rajya Sabha

● Rajya Sabha elections were traditionally uncontested until 1998, when cross-voting in
Maharashtra marked a departure from this trend
● Hence, in order to rein in the MLAs from such cross-voting, an amendment to the
Representation of the People Act, 1951 was carried out in 2003.
● Section 59 of the Act was amended to provide that the voting in elections to Rajya Sabha
shall be through an open ballot.
● The MLAs of political parties are required to show their ballot paper to the authorized agent
of their Party.
● Not showing the ballot paper to the authorized agent or showing it to anyone else will
disqualify the vote.
● Independent MLAs are barred from showing their ballots to anyone.
Removal of Domicile Requirement

● In 2003, the Parliament passed the amendment to Section 3(1) of the Representation of
People’s Act. The qualification for membership to Council of States stated that, for
qualification to Council of States, the requirement was that one should be an elector for a
Parliamentary constituency ‘in India’ as opposed to ‘in that State or territory’ which was the
previous position. Thus, the earlier domicile requirement was removed by effect of this
amendment.
SC SCRAPS NOTA FOR RAJYA SABHA

● The court has held that the NOTA option is meant only for universal adult suffrage and
direct elections and not for polls held by the system of proportional representation by
means of the single transferable vote as done in the Rajya Sabha
● The court held that making NOTA applicable in Rajya Sabha elections is contrary to Article
80(4) of the constitution and the Supreme Court’s judgment in PUCL v Union of India
(2013).
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Representation in Rajya Sabha
● The allocation of seats in the Council of States to be filled by representatives of the States
and of the Union territories shall be in accordance with the provisions in that behalf
contained in the Fourth Schedule.
● The representatives of the Union territories in the Council of States shall be chosen in such
manner as Parliament may by law prescribe.
● The representatives of each union territory in the Rajya Sabha are indirectly elected by
members of an electoral college specially constituted for the purpose.
● This election is also held in accordance with the system of proportional representation by
means of the single transferable vote.
● Out of the 9 Union Territories, only 3 (Delhi, Puducherry and Jammu & Kashmir) have
representation in Rajya Sabha.
37. SC Judgement on Handcuffing

Judgements
Handcuffing is a practice used by law enforcement authorities to restrain individuals who pose a
potential threat to public safety or who are considered flight risks. In India, handcuffing has been a
controversial issue, with many human rights activists arguing that the practice is a violation of an
individual's fundamental rights.
Sunil Batra v. ● The Supreme Court held that Article 21 forbids deprivation of personal
Delhi liberty except in accordance with the procedure established by law and
Administration, curtailment of personal; liberty to such an extent as to be a negation of it would
1975 constitute deprivation.
● The court held that the minimum freedom of movement which even an
under trial prisoner is entitled to under Article 19 of the Constitution,
cannot be cut down cruelly by application of handcuffs or other hoops
Prem Shankar ● The court examined the rationale behind fetters and held that prima
Shukla v. Delhi facie handcuffing is inhuman and hence unreasonable as well as
Administration, arbitrary in absence of fair procedure and objective monitoring.
AIR, 1980 ● The court held that the escorting officer must show reasons to the presiding judge
on why the accused has been hand cuffed and get the judge’s approval.
● The court thus left the discretion on whether a prisoner should be hand cuffed or
not upon the trial court in adherence to the observations made by the court in this
judgement.
● The only circumstance which validates incapacitation by irons an extreme measure
is that otherwise there is no other reasonable way of preventing the escape in the
given circumstances
There can be three occasions when a person can be (legally) handcuffed, i.e:
● An accused on his arrest and before he is produced before the magistrate
● An under-trial prisoner during transit from jail to the court and back;
● And a convict being transported from jail to the court and back
Recently, the Karnataka High Court in Suprit Ishwar Divate vs The State of Karnataka
passed a significant verdict while awarding two lakh rupees as compensation for
handcuffing an accused, without recording the reasons in the police case diary, it gave
liberty to the state to recover the amount from the delinquent police officer.
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38. Features of Rule of law,Equality before law and Equal protections of law
Rule of law
● The expression rule of law derives its origin from the French phrase ‘la principe de legalite’
which means the principle of legality. It was first propounded by Sir Edward Coke. This
principle implies a government that is run by the principles of law and not by the
arbitrariness of men who rule. The concept was further expanded by A.V. Dicey in his
book ‘The Constitution of England’.
● The rule of law forms the basis of the Indian Constitution. The Indian Constitution is
regarded as supreme and no one can go against it.
● In today’s scenario, Dicey’s concept of Rule of Law is not accepted in totality.
● The modern concept of the Rule of Law is fairly wide and therefore it sets up an ideal for
any Government to achieve.
● The modern idea of Rule of Law was formed by the International Commission of
Jurists, otherwise called the Delhi Declaration, 1959, which was later affirmed at
Lagos in 1961. According to it,
● Functions of the government in a free society should be so exercised in which the dignity of
a man as an individual is upheld.
● Effective government capable of maintaining law and order.
● No arrest without the authority of law, Legal aid, public trial and fair hearing and
Presumption of Innocence.
● Independent Judiciary
● Thus, the rule of law in the modern sense ensures that there is encouragement of political
interest and where criticism of the government is not only permitted but also given a
positive merit.
Exceptions to Rule of law

● Some of these exceptions are laid out in Article 361 of the Indian Constitution, which are
the following:
○ The President or a Governor of any state is not answerable to any Court for the
exercise of their duties or powers.
○ The President or a Governor of a state shall be immune from having any criminal
proceedings instituted against them.
○ No Court shall issue a process for arrest or imprisonment to the President or the
Governor of a state during their term.
○ No civil proceedings in which relief is claimed can be initiated against the President
or the Governor of a state during their term without giving a prior notice of 2
months.
● Additionally, as per Article 361 A, no member of Parliament or State Legislature is obliged
to appear before the Court in any case of criminal or civil while the session is ongoing.
● As per Articles 105 and 194, no member of Parliament or State Legislature is answerable to
any court for the speeches, opinions or votes given in the House.
● Additionally, foreign sovereigns, diplomates, and ambassadors cannot have any civil or
criminal proceedings instituted against them. This is something that is accepted on a global
level.
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Article 13 ● Article 13 promotes the doctrine of Rule of Law in India
Article 14 ● Article 14 guarantees the right to equality before law and equal protection of law.
● It states that no one shall be denied equality before the law and the equal protection of
the law by the state.
● Article 14 forbids class legislation but not reasonable classification. The
article applies on the reasonable basis, equals are treated differently. The article does
not apply where unequals and equals are given different treatments.
● The Supreme Court has held that the law has to clear two legal hoops to pass
the equality test when it is challenged on the grounds of Article 14.
● First, any differentiation between groups of persons must be founded on an
“intelligible differentia”, and
● second, “that differentia must have a rational nexus to the object sought to be
achieved by the Act”.
Equality Before Law Equal Protection of Law
1. Concept is of British origin 1.Concept borrowed from American Constitution
2. It states that no person (whether rich, poor, 2. It states that the like should be treated alike without
high or low) is above law any discrimination.
3. Absence of any special privileges in favor of any 3.Equality of treatment under equal circumstances
person. (both in privileges conferred and liabilities imposed by
the laws. Thus, it implies that the government can take
affirmative action (reservation) in favor of weaker
sections of society.
4. Equal subjection of all persons to the ordinary 4. Similar application of the same laws to all persons
law of the land administered by ordinary law who are similarly situated
courts
5. It is a negative concept as it restricts the state 5. It is a positive concept as it puts a positive obligation
from engaging in any arbitrary discrimination on the state to prevent the violation of rights.
between individuals.
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39. Article 20 and 22, Right to Marriage

Article 20 ● No-ex-post-facto: No person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the Act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the time
of the commission of the offence.(Article 20(1))
○ However, this limitation is imposed
○ only on criminal laws and not on civil laws or tax laws.
○ Also, this provision cannot be claimed in case of preventive detention or demanding
security from a person.
● No Double Jeopardy: No person shall be prosecuted and punished for the same offence
more than once. (Article 20(2))
○ It is not available in proceedings before departmental or administrative authorities
as they are not of judicial nature
● No Self-incrimination: No person accused of any offence shall be compelled to be a
witness against himself.(Article 20(3))
○ However, it does not extend to
○ compulsory production of material objects,
○ compulsion to give thumb impression, specimen signature, blood specimens, and
○ compulsory exhibition of the body.
○ Further, it extends only to criminal proceedings and not to civil proceedings or
proceedings which are not of criminal nature.
Article 22 ● Article 22 grants protection to persons who are arrested or detained. Detention is of two
types, namely punitive and preventive.
● Punitive detention is to punish a person for an offence committed by him after trial and
conviction in a court,
● Preventive detention means the detention of a person without trial and conviction by a
court. Its purpose is not to punish a person for past offences but to prevent him from
committing an offence in the near future.
● However, Article 22(4) provides for an exception to this rule, allowing for preventive
detention laws to be made for reasons connected with:
○ Defence
○ Foreign affairs
○ Security of India
○ Maintenance of public order
○ Maintenance of supplies and services essential to the community
● Article 22(5) of the Constitution provides certain safeguards against the misuse of
preventive detention laws. These safeguards include:
○ No person can be detained for more than three months without an advisory board
reporting that there is sufficient cause for such detention.
○ The grounds of detention must be communicated to the detenu as soon as possible,
except when it is not in the public interest to do so.
○ The detenu has the right to make a representation to the advisory board against the
detention.
● Parliament has exclusive power to enact preventive detention laws for reasons connected
with defense, foreign affairs, or security of India.
○ Ex: NSA Act, UAPA Act 2008
● Both Parliament and state legislatures have the power to enact such laws for reasons
related to maintaining public order or maintaining supplies and services essential to the
community.
○ Tamil Nadu Prevention of Dangerous Activities Act, 1982(TADA)
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Judgements
Ritesh Sinha ● In its ruling broadened the parameters of handwriting samples to include voice samples,
versus State of adding that this would not violate the right against self-incrimination.
Uttar Pradesh
Selvi v State of ● The SC held that a narco analysis test without the consent of the accused would amount
Karnataka to violation of the right against self-incrimination
● However, obtaining a DNA sample from the accused is permitted. If an accused refuses
to give a sample, the court can draw adverse inferences against him under Section 114 of
the Evidence Act
Supreme Court ● In one case, SC ticked off the UP government for inappropriately invoking the National
on Preventive Security Act in a case with political undertones.
Detention ● In another case (Pramod Singla vs UoI), the bench pointed out that India’s preventive
(Latest detention laws are a colonial legacy with a potential to be misused.
Updates) ● The Court held that to invoke a public detention law against someone, it is not enough
that his/her actions pose a threat to law and order but must affect the public order.
● A bench of the SC said that a liberal meaning cannot be given to the expression public
order in the context of preventive detention statute.
● After the order, SC quashed the detention of a man — “a habitual fraudster” — under the
Telangana Prevention of Dangerous Activities Act, 1986.
Rights given under Punitive Detention Rights given under Preventive Detention
● Right to be informed of the grounds of arrest. ● The detention of a person cannot exceed three
months unless an advisory board reports sufficient
cause for extended detention.
● The board is to consist of judges of a high court.
● Right to consult and be defended by a legal ● The grounds of detention should be communicated
practitioner to the detenu.
● However, the facts considered to be against the
public interest need not be disclosed.
● Right to be produced before a magistrate ● The detenu should be afforded an opportunity to

within 24 hours, excluding the journey time. make a representation against the detention order
● Right to be released after 24 hours unless the
magistrate authorizes further detention.
● These safeguards are not available to an ● This protection is available to both citizens as well as
enemy alien. aliens.
Right to Silence
● A famous feature of almost all legal dramas set in the US is the “Right to Remain Silent”,
part of the Miranda Rights and rights under the Fifth Amendment. In India, this feature is
available to the citizens by way of Article 20(3) of our Constitution.
● It is further reinforced by one of the most notable cases in Indian Criminal
Jurisprudence—D.K. Basu v. State of West Bengal. However, there is one key difference: In
India, the right against self-incrimination is limited only to criminal cases; in the US, it is
available both as a civil and criminal remedy.
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● Under civil proceedings, a person cannot refuse to answer a question using the defence of
Article 20(3).
● It is pertinent to note that the protection under Article 20(3) is not available to a person
who is being interrogated under the Customs Act, 1962, or Foreign Exchange Management
Act, 1999, since the person is not “accused of an offence” and isn’t entitled to a lawyer. The
provisions of Article 20(3) only come into effect once the person is placed in the position of
the accused.
● Moreover, keeping in mind the principle of Occam’s Razor, this protection is not
extended to civil cases as using it in civil cases may protect the individual from
further proceedings which may be criminal in nature, as is seen one too many times in
cases involving economic offences such as the Prevention of Money Laundering Act,
(PMLA).
Right to Marriage
● Recently, the Supreme Court said that there is no fundamental right to marry under
the Constitution, but the core aspects of marriage are safeguarded by constitutional values.
● Marriage is Not a Fundamental Right Under the Constitution: Despite dissenting
opinions articulated by the CJI and Justice Sanjay Kishan Kaul, the bench was unequivocal
in asserting that there is no fundamental right to marriage under the Indian Constitution.
Judgements
2006 case of Lata ● The SC held that the petitioner had the right to choose the partner whom she
Singh v Union of India wanted to marry and the law does not prohibit inter-caste marriages.
Justice KS ● SC while upholding the fundamental right to privacy under Article 21, it was
Puttaswamy (retd) v. pointed out that vital personal choices related to marriage are included within
Union of India the ambit of privacy and dignity of an individual
Shakti Vahini v. Union ● The Apex Court adhered to this position. It held that consensually choosing life
of India partners is a manifestation of their freedom of choice guaranteed under
Shafin Jahan v. K.M. Articles 19 and 21 of the Constitution
Asokan ● The Court stated that the right to marry the person of one’s choice is a
Laxmibai Chandaragi fundamental component of Article 21. This right cannot be curtailed except
B. v. State of through a law that is just and reasonable
Karnataka
Navtej Singh Johar v. ● The Supreme Court decriminalized homosexuality by reading down Section
Union of India 377 of the Indian Penal Code, 1860. The Court clarified that consensual and
private same-sex activities between adults constitutes an essential part of one’s
privacy. However, the Court refrained from addressing how these rights
would apply in public aspects like marriage rights.
● Though the above-mentioned cases and international covenants imply a fundamental right
to marry, this specific question was never answered by the court. When finally, it did, the
Court reasoned that it is not a constitutionally guaranteed right.
● It made a narrow distinction between the right to marry and the right to choose a
partner and held that the precedents dealt with the latter not the former
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40. SC/ST Community - how a caste/tribe added/NCST
Article 341 ● The President of India has the authority to identify and notify castes, races, or tribes as
Scheduled Castes (SCs) for a specific state or union territory.
● This power is exercised after consulting with the Governor of the state.
● Parliament's Role: The Parliament can add or remove any caste, race, or tribe from the
list of SCs through legislation.
Article 342 ● Article 342 deals with the provisions related to Scheduled Tribes. It states that the
President may, with respect to any State or Union territory, and where it is a state,
after consultation with the Governor thereof by public notification, specify the tribes or
tribal communities or parts of or groups within tribes or tribal communities which
shall, for the purposes of this constitution, is deemed to be scheduled tribes in relation
to that State or Union Territory, as the case may be
Article 338 ● It provides for a National Commission for the Scheduled Castes and Scheduled
Tribes with duties to investigate and monitor all matters relating to safeguards
provided for them, to inquire into specific complaints and to participate and advise on
the planning process of their socio-economic development etc.
● 89th Amendment, 2003:
○ By this amendment, the erstwhile National Commission for SC and ST was replaced
by two separate Commissions from the year 2004 which were: National
Commission for Scheduled Castes (NCSC) and National Commission for Scheduled
Tribes (NCST)- under Article 338-A.
Procedure for inclusion of ST list

● According to the modalities, for inclusion first framed in 1999, the proposal for inclusion
must originate from the respective State or Union Territory government.
● Following this, the proposal is sent to the Union Tribal Affairs Ministry, which sends it to
the Office of the Registrar General of India (ORGI).
● If the ORGI approves the inclusion, the proposal is forwarded to the National Commission
for Scheduled Tribes.
● The ORGI continues to follow the criteria set out by the Lokur Committee in 1965 to decide
whether a community can be included in the ST list.
● These criteria include indications of primitive traits, distinctive culture, geographical
isolation, shyness of contact with the community at large, and backwardness.
● Only after the concurrence of these institutions, will the proposal go forward to the Cabinet
to bring in the appropriate amendment to the Constitution (Scheduled Tribes) Order, 1950.
● The final decision rests with the President’s office issuing a notification
specifying the changes under powers vested in it from Articles 341 and 342.
The criteria presently followed for specification of a community as a

Scheduled Tribe are:
➔ indications of primitive traits
➔ distinctive culture
➔ geographical isolation
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➔ shyness of contact with the community at large
➔ backwardness.
However, these criteria are not spelt out in the Constitution.
SC Inclusion Comparatively Simpler

● The differences in the process for inclusion in the Scheduled Caste (SC) and Scheduled
Tribe (ST) categories. He notes that for a community to be included in the SC category, the
only relevant criterion is untouchability. The community must provide evidence that
they are facing discrimination or untouchability, or that their forefathers were subjected to
such treatment.
● However, the process for inclusion in the ST category is much more complicated.
National Commission for Scheduled Tribes(NCST)

● Objective: Article 338A inter-alia gives powers to the NCST to oversee the implementation
of various safeguards provided to Scheduled Tribes (STs) under the Constitution or under
any other law for time being in force or under any other order to the Government and to
evaluate the working of such safeguards.
● Composition: It consists of a
■ Chairperson,
■ a Vice-Chairperson and
■ 3 other Members who are appointed by the President by warrant under his
hand and seal.
○ At least one member should be a woman.
○ The Chairperson, the Vice-Chairperson and the other Members hold office for a
term of 3 years.
○ The Chairperson has been given the rank of Union Cabinet Minister, the Vice
Chairperson has the rank of a Minister of State and other Members have the rank of
Secretary to the Government of India.
○ The members are not eligible for appointments for more than two terms.
● Duties and Functions of the NCST:
○ To investigate and monitor all matters relating to the safeguards provided for the
STs under the Constitution or under any other law for the time being in force or
under any order of the Government.
○ To inquire into specific complaints with respect to the deprivation of rights and
safeguards of the STs.
○ To participate and advise in the planning process of the socio-economic
development of the STs and to evaluate the progress of their development.
○ The Commission shall provide reports on the operation of those safeguards to the
President annually and as necessary.
○ To make in such reports recommendations as to the measures that should be taken
by the Union or any State for effective implementation of those safeguards.
○ The President, subject to the provisions of any law made by Parliament, may, by
rule, discharge any other functions relating to the protection, welfare, development,
and advancement of the STs
○ The President places all such reports before the Parliament
○ The President also forwards any report of the Commission pertaining to a State
Government to the concerned State Governor.The Governor places it before the
State Legislature
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41. Constitution Bench in India

Article 145(3) ● Under Article 145(3), “any case involving a substantial question of law
as to the interpretation of the Constitution” must be decided by a
Bench of at least five judges. Such a Bench is called a Constitution
Bench
● However, in several cases, constitutional issues have been decided by
smaller Benches as well.
Situation for the Establishment of a Constitutional Bench

● President seeks the Supreme Court’s opinion:
○ When the President seeks the Supreme Court’s opinion under law under Article 143
of the Constitution.
○ The Supreme Court upon reference advises the President by answering the query.
However, such referral advice by the apex court is not binding on the President,
nor is it ‘law declared by the Supreme Court’
● Conflicting Judgments:
○ When two or more three-judge benches of the Supreme Court have delivered
conflicting judgments on the same point of law, necessitating a definite
understanding and interpretation of the law by a larger bench.
○ The Constitution benches are set upon ad hoc basis as and when the
above-mentioned conditions exist.
● Interpretation of the Constitution:
○ Article 145(3) as mentioned above
● Most important Supreme Court cases decided by Constitution Bench, such as:
○ The largest-ever Constitution Bench was that of 13 judges in the
caseKesavananda Bharati v. State of Kerala (Basic structure doctrine)
○ K. Gopalan v. State of Madras (Preventive detention) and
○ Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.
42. Ethics Committee,Government assurance committee,Estimates

Committee
Article 105 ● Powers, privileges, etc., of the houses of Parliament and of the
members and committees thereof.
Article 118 ● Each House of Parliament may make rules for regulations, subject to
the provisions of this constitution, its procedure and the conduct of its
business.
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Ethics committee in Parliament
Ethics Committee of Rajya Sabha:

● The Ethics Committee, Rajya Sabha, the first such Committee by any legislature in India was
constituted by the Chairman, Rajya Sabha on 4 March 1997.
● The committee was inaugurated by the then Vice-President of India and the Chairman of Rajya
Sabha, Shri K.R. Narayanan, on 30 May 1997.
● Purpose: To oversee the moral and ethical conduct of the Members and to examine the cases
referred to it with reference to ethical and other misconduct of Members.
● It was provided that in all respects of procedure and other matters, the rules applicable to the
Committee of Privileges shall apply to the Ethics Committee with such variations and
modifications as the Chairman, Rajya Sabha may, from time to time, make.
● Ethics Committee, Rajya Sabha consists of ten members, including its Chairman, who are
nominated by the Chairman, Rajya Sabha.
● Chairman of the Committee is from the largest party in the House. Other members normally are
the Leaders, Deputy Leaders/Chief Whips of their parties/groups in Rajya Sabha.
Ethics Committee of Lok Sabha:

● In the case of Lok Sabha, a study group of the house committee of privileges in 1997
recommended the constitution of an Ethics committee, but it could not be taken up by Lok sabha.
● The Committee of Privileges finally recommended the constitution of an Ethics Committee during
the 13th Lok Sabha.
● The late Speaker, G M C Balayogi, constituted an ad hoc Ethics Committee in 2000, which
became a permanent part of the House only in 2015.
● In the Lok Sabha, both the privileges and the ethics panel come under the same branch. While the
privileges committee looks into complaints raised by MPs against officials, the media or
other MPs, the ethics panel handles common citizens' complaints against lawmakers.
● The members of the Ethics Committee are appointed by the speaker for a period of one year
and strength is 15 members.
● Any Indian citizen can file a complaint against a lawmaker. But, in 2014, rule was then modified
to the extent that a complaint had to be submitted to the panel through a lawmaker.
● If the panel recommends any punitive action, a motion is brought to the House based on the
proposal, and it is voted upon.
● The work of the Ethics Committee and the Privileges Committee often overlap. An allegation of
corruption against an MP can be sent to either body, but usually more serious accusations go to
the Privileges Committee.
● In case privileges committee a Non-MP too can be accused of privilege,The Ethics Committee
can take up only cases of misconduct that involve MPs.
Privileges committee in Parliament

● This committee consists of 15 members in Lok Sabha (10 in case of Rajya Sabha) nominated
by the Speaker (Chairman in case of Rajya Sabha).
● In the Rajya Sabha, the deputy chairperson heads the committee of privileges.
● Powers and Functions:
○ The committee examines every question involving a breach of privilege of the House
or of the members or of any Committee thereof referred to it by the House or by the
Speaker/Chairman.
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○ It also determines with reference to the facts of each case whether a breach of
privilege is involved and makes suitable recommendations in its report.
○ It also states the procedure to be followed by the House in giving effect to its
recommendations.
○ When a question of privilege is referred to the Committee by the House, the report
of the Committee is presented to the House by the Chairman or, in his absence, by
any member of the Committee.
○ Where a question of privilege is referred to the Committee by the Speaker, the report
of the Committee is presented to the Speaker who may pass final orders thereon or
direct that it be laid on the Table of the House.
○ The Speaker/Chairman may refer to the Committee any petition regarding the
disqualification of a member on the ground of defection for making a preliminary
inquiry and submitting a report to him.
○ The procedure to be followed by the Committee in these cases is so far as may be the
same as applicable to questions of breach of privilege.
Difference between the Ethics Committee and the Privileges Committee
● The Ethics Committee of Lok Sabha addresses merely the issues related to the misconduct
of MPs; whereas, the privileges committee addresses several other issues apart from the
issues of misconduct on the part of an MP, such as the issues associated with the authority,
freedom, and dignity of Parliament.
● The privileges committee is required to protect these privileges, as not only the MPs
individually but also the House as a whole is entitled to these privileges. The privileges
committee is authorised to deal with the issues of both MPs as well as non-MPs.
● That is, it can investigate cases of misconduct, or cases harming the dignity of Parliament,
or cases threatening the authority of Parliament, by both a non-MP or an MP.
● Thus, either of the aforesaid bodies can deal with the allegation of misconduct against an
MP. However, more severe matters of allegations are tackled by the privileges committee.
Governance assurance committee in Parliament

● The functions of the Committee on Government Assurances are to scrutinize the
assurances, promises, and undertakings etc., given by the Ministers, from time to time on
the floor of the House.
● For Lok Sabha it is a 15 member body,
● Whereas Rajya Sabha has 10 members.
● This Committee does not have a Minister on it.
● The Committee would like to be absolutely clear that timely and proper implementation of
assurances given in Parliament is an important aspect of the entire concept of the
Government's accountability to Parliament.
Estimates committee in Lok Sabha

● The origin of this committee can be traced back to the pre-independence era to the standing
financial committee set up in 1921.
● The first Estimates Committee after independence was constituted in 1950 on the
recommendations of John Mathai, the then Finance Minister.
● Estimates Committee - Composition:
○ Initially the Estimates Committee had 25 members, but in 1956 its membership was
increased to 30.
○ All the 30 members are from Loksabha only
○ Rajya Sabha has no representation in this committee.
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○ Members are elected every year from amongst Lok sabha members according to the
principle of proportional representation by means of a single transferable vote. Thus
all parties get due representation in the committee.
○ No minister can be a member of the estimates committee
○ Chairman of the Estimates committee is appointed by Speaker of the Lok sabha
from amongst its members
○ The chairman appointed invariably belongs to the ruling party.
● Estimate Committee - Functions:
○ The function of the Estimate Committee is to examine the expenditure
estimates in the budget and give the economic suggestion in public expenditure.
Hence it is also called the Continuous Economy Committee.
○ To report the kind of economies, progressive improvements in organization,
efficiency, and administrative reforms in line with the policy underlying the
estimates, can be affected.
○ To examine whether the money is well laid out within the limits of the policy implied
in the estimates.
○ To suggest the form in which the estimates are to be presented to Parliament.
○ The committee will not look into the functioning of the Government undertaking as
such issues are referred to the Committee on Public Undertakings.
○ It shall not be incumbent on the Committee to examine the entire estimates of any
one year.
● Challenges Faced by the Estimates Committees:
○ The Estimate Committee examines the budget estimates only after they have been
voted by the Parliament and not before that.
○ The recommendations put forth by the Committee are advisory in nature, lacking
the force of binding directives.
○ It lacks expert assistance from the Comptroller and Auditor General (CAG) which is
available to the Public Account Committee.
○ Its work is in the nature of a Post-mortem.
43. Narco Analysis and other issues

Narco test
● In a narco analysis test, a drug called sodium pentothal is injected into the body of the
accused, which transports them to a hypnotic or sedated state in which their imagination is
neutralized.
● In this hypnotic state, the accused is understood as being incapable of lying and is expected
to divulge information that is true.
● In India, Narco analysis tests were notably used in the 2002 Gujarat riots case, and the
26/11 Mumbai terror attack case.
● Sodium Pentothal:
○ Sodium pentothal, or sodium thiopental, is a fast-acting, short-duration anesthetic
used in larger doses to sedate patients during surgery.
○ It belongs to the barbiturate class of drugs that act on the central nervous system as
depressants.
○ Because the drug is believed to weaken the subject’s resolve to lie, it is sometimes
referred to as a “truth serum” and is said to have been used by intelligence
operatives during World War II.
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Narco test vs Polygraph test
● A polygraph test is carried out on the assumption that physiological responses triggered
when one is lying are different from what they otherwise would be.
● Rather than injecting drugs into the body, polygraph tests attach instruments like
cardio-cuffs or sensitive electrodes to the suspect and measure variables such as blood
pressure, pulse rate, respiration, change in sweat gland activity, blood flow, etc., while the
suspect is being questioned.
Judgements
Selvi vs State of ● The SC ruled on the legality and admissibility of narco tests establishing that the
Karnataka & Anr involuntary administration of narco or lie detector tests constitutes an intrusion into
Case 2010 an individual's "mental privacy."
● The apex court held that narco tests violate the fundamental right against
self-incrimination under Article 20(3) of the Constitution, which states that no
person accused of any offence shall be compelled to be a witness against himself.
D.K. Basu vs. State ● The SC ruled that involuntary administration of the polygraph and narcos test will
of West Bengal amount to cruel, inhuman, and degrading treatment in the context of Article 21 or
case, 1997 the Right to Life and Liberty
Other Observations ● Narco tests are not reliable or conclusive as evidence, as they are based on
of the SC assumptions and probabilities.
● Any information or material that is subsequently discovered with the help of
voluntarily administered test results can be admitted, in accordance with Section 27
of the Evidence Act, 1872.
○ For example: if an accused reveals the location of a physical piece of evidence
(something like a murder weapon) in the course of the narco test and the police
later find that specific piece of evidence at that location, the statement of the
accused will not be treated as evidence, but the physical evidence will be valid.
● There is no guarantee that the person who undergoes such tests will reveal only the
truth. There are chances of manipulation and fabrication of results by vested
interests.
● Narco tests can be conducted only with the consent of the accused, and that
too after informing them about their rights and consequences.
● The court also emphasized that the ‘Guidelines for the Administration of
Polygraph Test on an Accused’, published by the National Human Rights
Commission in 2000, must be strictly followed.
44. Taxation powers of state and center, Finance commission

recommendations
Article 265 ● Article 265 of the Indian constitution, the ability to levy/charge taxes has not been
granted to anybody other than the authority of law
7th Schedule ● The 7th schedule of the constitution defines the issues on which the Union, States,
or both can impose taxes.
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73rd and 74th ● Local governments have also been given limited financial rights through the 73rd
amendments and 74th amendments to the constitution, which are incorporated in Part IX and
IX-A of the constitution.
Article 270 ● Article 270 of the Constitution outlines the distribution of net tax proceeds between
the Union government and the States
Taxation Power of the State - Restrictions Placed By the Constitution

● A state legislature has the authority to tax professions, trades, callings, and occupations.
However, no single person's total annual payment should exceed Rs 2500.
● Taxes on the sale or purchase of products can be imposed by a state (other than a
newspaper). However, the state's ability to levy a sales tax is limited by four factors:
○ There can be no tax on sales or purchases made outside of the states.
○ No tax can be levied on sales or purchases made during the import or export
process.
○ In the course of interstate trade and commerce, no tax can be imposed on the sale or
purchase.
○ A tax levied on the sale or purchase of commodities recognized by the Parliament to
be of special importance in interstate trade and commerce is subject to the
Parliament's limits and requirements.
● The state cannot levy a tax on the sale of electricity if it is consumed by or sold to the center,
or if it is consumed in the construction, maintenance, or operation of any railway by or sold
to the railway company for the same purpose.
● A state can levy a fee on water or power sold to an interstate river authority constituted by
Parliament to govern the river. Such imposition, on the other hand, can be carried out by a
statute that has acquired the President's consent.
Current Status of Tax Devolution in India

● Financial devolution refers to the transfer of financial resources and decision-making
powers from the central government to the states.
● The Finance Commission (FC),(Article 280) constituted every five years, provides
recommendations for the vertical distribution of funds from the central government's
divisible pool of taxes (excluding cess and surcharge).
● Additionally, it offers a formula for the horizontal allocation of these funds among
individual states.
● Apart from the share of taxes, States are also provided grants-in-aid as per the
recommendation of the FC.
● The 16th Finance Commission, chaired by Dr Arvind Panagariya, has been tasked with
making recommendations for the period 2026-31.
● Currently, the share of States from the divisible pool (vertical devolution) stands at 41% as
per the recommendation of the 15th FC.
● It has made the required adjustment of about 1% due to the changed status of the
erstwhile State of Jammu and Kashmir into the new Union Territories of Ladakh and
Jammu and Kashmir.
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Polity Projections - 2024 IASEC

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Projections 2024 (POLITY)

IAS Exam Congress

1. Parliamentary Privileges:Constitutional Provisions and Recent Judgement

2. Concepts of Bail in CrPC and judgements in news - default, transit and

3. Powers of ED: Recent Judgement on PMLA,2002

PMLA,2002 and Recent Judgement

4. Appointment of EC,CBI and CAG - removal and expenditure

Appointment and other norms for CAG:

CAG in India CAG in Britain

● He is not a member of the Parliament. ● He is a member of the House of Commons.

5.Suspension of MPs - LS vs RS, SC Judgement

For Rajya Sabha:

6.Expunging Speech in House and Unparliamentary words

7.Special session and special sitting and Presidential Address.

8.Grants: Excess,Supplementary and others

9.Sovereignty of house and Independence of Judiciary.

○ Appointments of officers and servants of the Supreme Court shall be

10.Access to justice - constitutional,legal scheme in this regard,Family courts

Provisions related to it:

● Structural Organization under LSAA:

Supreme Court Legal Services Committee:

Reas about lok adalats and Grama nyayalayas on your own.

11.Protem speaker in SL and Floor test.

12.Original and Advisory Jurisdiction of SC:

Read original jurisdiction of SC from any standard source.

13.Powers of SLA and SLC wrt to state legislature:

14.Disqualification of MP - Under constitution and RoPA,1951:

Under ➢ Disqualification is through Articles 102(1) and 191(1) for disqualification

Under RPA , ➢ Section 8 deals with Disqualification of representatives on conviction for

#SC Judgements related to disqualification:

acting in concert with other political parties is culpable conduct.

Krishnamurthy v. The SC held that disclosure of criminal antecedents (especially heinous

15.Vacating seat in house - absent for 60 days , SC judgement

16. Elections- notification related points and powers of EC,Political

Article 324 The superintendence, direction and control of the preparation of

Article 328 Power of Legislature of a State to make provision with respect to

Article 329 ➢ The validity of any law relating to the delimitation of

Powers of Election commission:

Administrative ➢ To determine the territorial areas of the electoral constituencies

Political funding and IT norms:

Limit 0n Political Expenditure of Candidates:

De-recognition and De-registration of Parties:

#Supreme court decision on corrupt practices under RPA Act 1951:

#Filing of false affidavits as an electoral offence under the RP Act:

ignored, the nomination is fit to be rejected.

Krishnamurthy v. Suppressing information about any criminal antecedents creates an impediment

Model Code of Conduct:

Electronically Transmitted Postal Ballot System (ETPBS):

Comparison with USA and EU:

17.Motions-Guillotine,NCM,PM,Censure and adjournment

4. Guillotine Closure:After the Budget is presented, Parliament goes into

Adjournment The adjournment motion is a form of censure of the government. It originated in

Non confidence In a parliamentary system a no-confidence motion is a statement or vote that

While censure motion can be moved against individual ministers or members,

18.Election Petition,SC Judgement,Aadhar issue,Concept of Electoral trusts

Concept of Electoral Trusts:

19.Vice President- Election,Powers,Removal

20.Office of governor- Powers and recommendation of Punchi

21.Issue of Vice Chancellor - Appointment and Removal

22.Concept of Liberty and Justice in Preamble:

A preamble is an introductory statement in a document that explains the document’s

Preamble is part of constitution as pronounced by SC in Kesavananda Bharati

23.Reorganisation of State,Changing name of City and assigning a new capital

Article 3 ● Parliament may by law: