Polity

prelims:
Total 9:
100
->
static (fixed)
Polity 20%
=

of B ↳
Dynamic (current related

Mains:
GS II:Total=250 MaJKS

Polity:140 marks

-- Principles Eg. Equality

winaepenpointin, amename
prelims
- I
-

sources:in laxmikanth
↳
mains
x-
Analysis
* (run + Handwritten notes
↳one stop so ↳
quick revision.

* NCERT -qM, lOM, IIM, 12t

Indian
polity.
T
polis
Political-term thatsignifies who ↓
is
going Territory

statetorument
to make the law, execute the law City
and act as
judiciary to deal to
with conflicts related to the law.
Sovereign

Polity, political
systemconsists ofelements
joined together in a

pre-determined manner.

Eg-solar system.

constitution -
constitute/ by the will ofpeoples
↳ basic law ofthe land.

Historical Background. (Prees-29, Mains GSII-19)

1173 - 1947

legislature make law.

Eg. Parliament, legislature at union level)
-

I
Ypresident
L
Bill -
LSRS us Act

law-Broad Acts
Term
Eg-DM order +
legislative etc.
 company Rule 1773-1857 Crown Rule 1858-1947
↳ East Indian Company
by ↳
by a
group of merchants.
Acc to Royal Charter 1600
35attle of plassey
trader-manufacturer -> Administration interference political power.
·

Battle of Bunar

company funct" treatyofAllahabad 1765

Dual function ofcompany Diwani Rights

-

Bengal
↳ Administrative funct 4

Orissa
Binar

DiwaniRights) L, civil Justice

A company-loss, Employees -> rich corruption, Inefficiency, lost

Anglo
Mysore was I
Financial distress I Haider Alis
->
1773 Act reasons ->
Inefficientdual system
↳ poor adm
↳ DefeatAgainst Mysore.

Actoverne was
1773

entralareaarein ofBengal.
dam in India

centralization -
1773 (start), 1833 (many

Decentralization - 1861 (start, 1935/Man)

company rule

Charles Act
Regulating Act Eg- 1713, 184 Eg- 1813, 1833, 1853
parliament the permission to El to maintain its
regulates working
-> ->

ofcompany in India. monopoly in Indian region.

Crown Rule 1858-1947

India Council Act 1861, 1909 Gort of India Act 1919, 1935

Regulating Act 1713

A Governer ofBengal ->
GG ofBengal + Enecutive council(u)
A G of Bombay, G ofMadras to subordinates.
A so in Calcutta (115+ 35). Power on British subjects not Indian natives.
↓
under Direct or indirect British adm
& Indians in
Eg-Employees contracts
with British EI.
A Restriction on put trade
* Increased accountability ofEIC.)* Transparency in Revenue, Civil &
military matters
 CourtofDirectors - Directors ofthe Company sitting in London.

significance: a
firststep in
regulation.

Ricia,
Centralization ofadm.
·
recognition ofadm and
company matters.

Issues: ->
No veto
power to G4 Bengal. Majority based decision in Executive
I I11 defined powers of Sc
-
council.
lack ofcoordination blu 4 and 4G.

Amending Act 1781:

GG, council, servants ofcompany exempted from S Jurisdiction.

->

->
All revenue matters exempted. matters
-> so Appellate Jurisdiction curtailed. Provincial Courts A
GG COUNCII.
->
Courts Jurisdiction to culcatta. Hindo law eMohammedan law enacted.

pilt's India Act:(184)

* commercial funct" Courtof Directors / Company representations

E
-
Double
gort
Political funct" -
Board ofControl (British gotrepresentations

A smember in Executive Council. Commander in chief

1 -
of British army.
& Disclosure ofproperty. In India Britain. Within 2 months.

significance:Demarcation offunct
British in India.
possession
Direct control over Indian adm.) through BoC

shortcoming: lack ofclarity --GG & council to reportto both Box and cop.
Dual
Accountability
*
secretary ofstate -
top post in Board ofControl. (NotSos for India-GolAct
1858)

Enecutive Council
overriding power
->
over
->
GG:commander in chief

Charter Act 1793:

extended
monopoly.
->
20
year
overriding power. Over Executive council.
->

->
centralisation ofpower. 14 powers to GG)

Royal approval mandatory for GG, G,

->
CIC
appointment
Financial
Responsibility Employees & Boo paid from Indian s
↳ to

revenue 2:51akh to British got from

+

separation offunct"
-a into revenue adm+ Judicial funct".
CHAWHU Act 18138 ->
Due to Napoleon Bonapart's continental system in Europe
tea traded Trade with China.
ended
monopoly. exceptin
->
company's
->
asserted crown's
sovereignity.
->
Granted religious proselytization.
Empowered local gout to tane punish non tanpayers.
->

-> E1 lakh granted for edu. <102d Macaulay)

 Charter Act 1833: (Saint Helena Act 1833)
(A) ·
EIC became purely adm body. (trustees
GG of Bengal British India.
GG of I Lord William Bentincks

in
⑧
-

·
centralisation IGG British India powerst)
-

⑧
law Commission Lord Macaulay/chairmans / Implemented
-

10) open competition for civil service/Not implemented) (Earlier CoD recommends)
⑧
->

India.
IR) Resident lights British
freely settle in
·
-

peak ofcentralisation (GG powers*)

significance, ↳
Istlaw commission
Trustee ofcrown. (purely adm body)

Charles Act 18538

->
No specific time period of extension.
->
legislative & executive funct separated for 1st time
->
separate Indian Central
legislativeCouncil) +6 new members) (DelhiVianan sabhal
->
law member included in GG council.

open competition implemented.

->

local representation 1.14 from local gortofBengal, Bombay, Madras,

members
to
in
NW provinces)
Notnecessarily Indians.

Foundation ofParliamentary govt/Division into

legis. Evel
significance ↳
-> weakened company Rule
Birth ofCivil services. ->similar to Present R.S.
↳ local Repre. (in Central (C)
*
Inclusion of Indians.

Government ofIndia 1858: (Crown Rule started

->
Governance in name ofBritish Queen.
->
scrapped COD& BOC-> I
formed in pilt's India Act
-> Doctrine of
lapse abolished.
-
Independentstatus to princess chiefs ifthey acceptBritish suzevainty.
secretary ofstate for India + 15member Advisory council created.
->

GG ofBI Viceroy of India I lord canning

-> *
-

Ilondon salary from Indian

S
-
revenue.

1 India

DirectRule
significance -
 Indian Council Act 1861: (Indians inclusion in Govt

-
Decentralisation started Raja ofBanaras.
in LC.
-
Viceroy to nominate Indians as non official members Maharaja ofPatiala
-> -

↳ Sir Dinkar
* New
legislative bodies for Bengal, NW FP, punjab. Rao.
ordinance power to
viceroy during emergencies.
->

->
portfolio system. Started. (Allocation ofdept to Ministers) by lord canning.

criticism:
->
No financial matter discussion in 2 without Goutprior approval.
limited scope:Eg- Budget outside council control.
->
was

limited representation:Now official members from elite section only.

->

limited powers:Viceroy approval required for final passage ofBill.

->

Indian Council Act1892:

->
Inon official members
I
legislative council. I can discuss budget
->
powers to
->
DistrictBoards, municipalities, universities

->
Election process for some non official seats in centralep 2: I notused

-> Viceroy
Indian
MinoReforms
Council Act 1909:
(Morley -

->
nome Rule demand by INC.
why? ->
Simla Deputation (Separate electorate for Muslims
by Aga Khan)

provisions:
->
Enlarged legislative Council 116-060 at Centres (Now uniform provincial (C)
-> central Legislature ->
official members
majority.
provincial "- Now." 11 "
allowed.

Enlarged + more
authority to (both levels) budget result ask supplem
->
(C -
pass
Indians En.
Council->Satyendra Sinha (firstappointments entary &
->
in
->
separate electorates for muslims.
A communal electorates started.
A Father of CE Lord Minto.
-

GOI Act 1919:(Montago-Chelmsford Reforms)

separate subject list for CPP Leg. Governer enecutive head of province
-> -

-
Separate Budgetfor CPP leg.
Dyarchy introduced. (on provinces only) -for British.
->

on
legislative subjects theearnedtoretrorerevanese
* sir Lionel custis -
Father ofDyarchy.
-> Bicameralism introduced. Upper lower Houses in central leg council.

in
andterred
centre Upper H

legislative subjects, Budget, Istate Pyarchy Bicam.

Y
IOW95 H.
↓
in provincial subjects
->
Intro direct election.
Indian member appointmentin Viceroy En. Council.
(Earlier 1 Satyendra Sinhal
-
3 -

->
separate electorate for sikhs, Christians, Anglo Indians, Europeans.
high commissioner for India appointed.
->

->
Public service Commission proposed. Ivealed in 1926 I CSEopened for all in 1853)
-
Statutory commission (Simon Commissions ->
make reportfor law performance.
->
salary ofsos from British enchequer.

GOI Act1935:

->
dyarchy was abolished at provinciallevel.
->
Dyarchy proposed at centre (Not implemented
->
Bicameralism in 6111 provinces.
->
Three list intro. Central, provincial, concurrentlist.
->
All India Federation established (provinces & states be included
princely can
->
separate electorates for depressed classes, women, labour
-> lox popi" gotvoting rights. Lond"-tan, edu,
property.
->
Federal Court created in 1937.) Present supreme Court)
RB1
->
estd.
-> Central PSC. Federal PSC, Provincial PSC, Joint PSC.

responsible goutfor British Indian Provinces

completely
s
significance large scale elections 1937 for first time.
↳ never formed. (notaccepted
All
by princely states)

Indian Independence Act1947:

- End of British rule

-> Partition ofIndia
- Removed British offices
British &
Ended
paramountcy responsibility
->

1947
1946 ↑ A 1950
to independence to
constitution constitution declared.
formation started

-
sos abolished.
Emperor ofIndia title abolished.
->
 constitution:Basic law of land.
I
- History
depends on -
society/constitution should be in consonance with
society)
A constitution morality can be differentfrom societal
morality.

Constitution - written -

single documentEgy India

of laws combination.
Britain
·
unwritten- series
Ege

A Us- Judicial Supremacy parliamentary supremacy

India -
constitutional
supremacy I constitution defined by
I balance in all organs-L,E,J) parliaments

Permanent Bureaucrats
Eg
-

->
Executive
4
Temporary Eg -
Ministers.

-
Rigid
constitution India's constitution: Mix ofboth.
&
Flexible Eg Amendment possible but
very complex
-

Process/Art 368)

constitution:
making of
-
Idea ofconstituentAssembly -> M.N
Roy. (Radical humanism ideal
I
demanded CA
congress in 1935
-

Augustoffer (1940) -
World War II, Dominion status.
I

cripps Mission
I
cabinetMission Plan Ice was formed in Nov 1946)

formation of IA: proportion to pops"

from British India -
elected (Indirectl #
"Princely states - nominated > Muslims
246- BIT Sikns
** -> ↳
constituent Assembly - 389 seats
y General
"Voled for 93 -

PS
Indirect ↳

election provincial council

+ Parsis, Anglo-Ind.
10% of popi voled - women, lucistians, etc.
/Truly representatives
Dec 4, 1946
ist meeting -

Interim President -
Sachchidananda Sinha
Elected" -

Rajendra Prasad.
 India Independence Act 1947: ~> frame constitution (Dr. Rajendra Prasad)
-> CA: full sovereign &
legislative body.
↳ enact
ordinary laws /G.V. Mavalankar)
Muslim league Members withdrew. 1389-299 members

Third meeting of CA -
Objective mesol" was passed.
National flag-22 July, 1947
"Anthem song, 24 Jan, 1950
Dr. Rajendra Prasad- First President

A
Drafting Committee members:
->
Dr. BR Ambedkar/chairmans
N.
Gopalaswamy Ayyangar
->
*

Syed Mohammad Saadullah

A
-

->
Alladi Krishnaswami Ayyar *
->
km Munshi
->
N Madhava Rao IBL Mitter)
->
DP Khaitan ( TT Krishnamacharis

Enforcement: *

26. Now 1949 -

citizenship, elections,
*
provisional parliament, temporary
transitional provisions, shorttitle.

26 Jan 1950 - Rest implemented.

*

· Non Representative
Not
sovereign
·

citicism Time consuming (largest constitution + to accumulate diversity)

-

·
Congress domination
lawyers politician domination (
lega's language complex to understand)
·

preventambiguity
·
Hindu Dominated. to
↳
formed on consensus.
A sources:
FR-> US
FD+ USSR

Emergency provision Germany.

-

central state relations (Quasi federal) -

Canada.

constitutionalism
B
Rule of law law like
-
None above
consisting ofelements limits on power
liberty, equality, fraternity etc. of gout.Constitution
is
supreme.
Rule by law-Rule ace to law even ifit doesn'tconsist ofabove elements.
 PREAMBLE
As

philosophy ofconstitution.
·
from American constitution

A can be amended.
Amended
only once-424CAA (1976)
Socialist to
of secular
⑱
Nature
added 3 words

Objective
-
Integrity
people)
a source ofAuthority (we the
components: · Nature
*
Objectives
·part of adoption

Sovereign:

Socialism:

1951 Amendment

GradualEg-LPGfor
↓
↳
shift India.
Reforms
1991.
ITEBFW)

Eg-Nationalization ofBanks by Indira Gandhi

GOVt.
marn supported violence & Gandhidid not.

communism -
common
property
 Social
Democracy equality in
opportunity,status.
->

·DS Nakara vs ofIndia (1983)

union - socialism
primary purpose is to
better standard ofliving.
provide

Secular:
clear separation blu both.
->
Secularism

static
ofEurope wo
Religion
11

affair te personal affair.

"Politics without
religion will work as a death trap"
-

M. Ganani
In India:
state interfere ifrights protection constitutionare
can in
religion or
given in
concerned.

freedom ofreligion.
secular
- No
religion
->
stat
↳ All
religion equal before state.
↑
Similar to Dharma Nirapekshata.
->Ege
France
State to notinfluence
Negative concept- should be in limit as
any religion.
positive" -
state should make
efforts to ensure secularism.
Eg-India.
principle ofequidistant
consti. Provision to Art. 15,255028.

Uniform civil code -

uniform laws
related to personal matter like

marriage, divorce, adoption,

inheritance to all citizens.
Article 25
↑
=I
Democratic: -
↓
↳
'Demos't'Kratos'
L
d
Article 26

people power soft tiltseen in se

judgements towards
I power of the peoples western secularism as individual rights
are
being given importance more

Eg- Sabarimala Temple case, triple

Direct democracy: Talaak case.
direct in decision
people engaging making.
Eg- Switzerland.
Indirectdemocracy:
people engaging in decision making through their representatives. Eg -
India.

* Direct
democracy in India only village Panchayatlevel. (Gram
at Sabhal

India -
Representative Parliamentary Democracy with Independence ofJudiciary
free and fair election, universal Adult Franchise.
 Tools ofIndian Democracy
Republic
read ofstate - Elected person.
A citizens choose head ofstate

directly or
indirectly. S
Voter
->
source ofAuthority people -

absence of class.
any priveleged
->

↓
can political instability.
create
/Notimplemented in India)

Russian French Revol

-> -
objective: Justice, liberty, Equality, Fraternity.
-

Social. Political & Economic justice a

-
Russian Revolt.

Social Justice ->

Equal treatment
-
Justice Justice discrimination based eco-coud"
Economic No
Eg-Edu.
-> -
on
2 political Justice election
->
Equal political rights. (votet rights)
↓ Why?
* To make
politics more representative
A
Emancipating problems ofevery section of
Liberty
libre' meaning freedom. I to enable individual to achieve its
society.
full
potential
Achieving liberty: -> Gout in limits.
->
ofRestrictions()-)liberty]
Absence
->
providing opport Increasing capability to make use offreedom. [It) liberty)
Improving
↳
qualified health etc.
D
-
liberty in nature. edu,

Equality: - Absence ofspecial privileges.

Equality ofStatus opportunity.
->

Equality before law

->

traditional inequality should be ended

->
social

No special to particular section.

->
priveleges any

Civic Article 15, 14,17.

Equality
->

- Autclel
Types -> Economic Equality -

↳ Political Article
Equality. 325.
*
-

A can
got reserve a post for a particular religion:Yes. [Enception ofArt 16]
Fratunity:
->
Brotherhood.

single citizenship
->

Duty (Articles/Al
->
Fundamental

Importance ofpreamble:
↓ ↳ *

Embodies Spirit contains basic principles Unravel mind of

of the constitution, which constitution aspires constitutionalframers
to fulfill.

Preamble:Nota source of power nor a provisition on legislative powers.

↳
Non justiciable

Np NA

but should not change

only amendment"?42NCAA YA the basic structure of
constitution.

Yp YA
 Indestructible union ofdestructible states' -

BR Ambedkar

Article 1:
-> India i.e Bharat, shall be a union ofstates.
->
states & territories shall be specified in 1st schedule.

StainAcquired Territory
Union ofIndia India.
↓ Territoryof
collection ofstates States + uT+ Acquired Territory.

India:Quasi federal State.

Federation Q
00

resources
Confederation
: OOO
Ege Brenit

Due to states leave when

or
security. can seems
necessary.
->

- States also have significant

power and constitution.
separate
AUCIe2A: Sikkim
O to be associated with
·

Article 2: the union. (Repealed)

parliament add states in the Union ofIndia.
↳a
can or establish new

35t CAA1974 -- Sikkim as an associated state.

36th CAA1975 -
Repealed.

AtHile 3:

Fill
· Yes
Not
binding
->

8 -
Union
⑪
President
②E. state * No
centre
legislature Amend
"

*
-
· On

A8,
&

....8
COM within specified times
⑭

followed of is orcs
7- majority (50,
~g
simple I
* Not in with not
case
given
back in time
Union
Territory. 1
<50% ofpresent voting then considered as

pass.
· Formation of new states It merging areas from 2 states)
* Increase orl area.

Article 3:
->
Alter boundaries
↳
Alfew name.

Article 4
Laws made under Article 2 and 3 are not deemed to be amendment under Article 368 of
Indian constitution.

Art 363 -
Special Majority (43 of POV + 50%oftotal
strength,
 stats thatrefused to
join India or Pakistan:
A Kashmir
Pakistan wanted Kashmir as it had a majority Muslim population.
• Ruler of Jammu and Kashmir wanted to join neither.
• Raja Hari Singh signed the instrument of accession for military help when Pakistan
attacked.

D Hyderabad
• The Nawab of Hyderabad refused to join India despite its people’s willingness.
• Operation Polo (a police action) was launched to force him to sign the instrument of accession.

* Junagadh
• People wanted to join India but the ruler wanted to join Pakistan
• A plebiscite was held and people chose India.

Part A -
Governer Province of B1.
->
Division of states:-> Parts -
Princely states with legislatures in them.
↳ Parts
↳ party
to

-
chief Commissioner.
Andaman & Nicobar

not Andhra pradesh.

forgout
should be mere
-> source ofincome
 UT
with legislature -
Delhi,
Puducherry, JoK

Governer of Kashmir - president- Parliament a law formed

JAK
JAMMU & KASHMIR:
Creating Union territory of J&K and Ladakh JRKYUT Ladaich (UTI
Allocation of 6 Lok Sabha seats – 5 to J&K, 1 to Ladakh. 1 with legislatures I without L
Legislative Assembly for J&K, not Ladakh and a Lt. 5seats in IS. I seatin IS
Governor for Kashmir.
except police
->

J&K Assembly will have power to make laws except ‘Police’

or ‘public order’.
& 'public order

Ended privileges of separate constitution, national

anthem, flag like before, dual citizenship.
Article 360 now applicable to J&K.
Indian Penal Code replaced Ranbir Penal Code. Article
35A made null and void.
LA
special rights granted to the permanentresidents ofthe state in
public employment
&
property, settlements gout scholarship.

* and & Dadar and Havelimerged (2020)

Daman Dir
Nagar
 source People ofIndia
ofpower ofconstitution: Govt Relation" citizen

Citizenship based on: citizenship

1) Jus soli -
by birth
↳o soil

2) Jus
sanguin to
by blood

->citizen
Sudan territory Friendly Alien
- Alien->
↳
Article 15 Enemy Alien only with countries at was

Y
Article 16
Article 19
Articles 29 and 30 enclusive to citizens.
Right to Vote
Right to Contest selections)

S
Eligible for Public Offices

Tells who is
going
to be a citizen and
who is not at the
time ofcommenceme
ut ofconstitution.

Domicile -> permanentresidence

Residenta currentresidence

Articles:1) Decides citizenship for people atthe commencement ofconsti

BDR5
*
Every person Born in (DB)
Indian Ter Birth
->

having Domicile
->
parents born in" (D Descent)
"
Descent
in Indian
Territory resident ofIndia-5
years 14 = 5yrs) Residence,
-

Articles for a person who

migrated from Pakistan after partition. (Pak -
Indial

Person, parent, migrated from before

*
Pakistan
D 19
July 1948
19
July 1943 grandparentwere and has been a residentsince men.
I Down in India -
Migrated after 19 Julylquo, resided for at
permit
system least 6 months then register to an officer.

implemented.

-> after 1st March 1947

④

Papply
A
5Hcl 7: India -

citizenshipafter months ofresidence.

Articles:Person ofIndian to nearestIndian office apply for citizen

origin/go and
↳
parents or Grandparents ships
born in India.
Articlea:No
longer a citizen after acquiring foreign citizenship. (Single citizenships
* Article 5 DD- Domicile (permanent residency) ofIndia.
* Article 8 Plo- Residing in other
country.

Articlelo:-> power to regulate citizenship is with parliament.

Articles to Parliament can make laws for acquisitions loss ofcitizenship, in future.
↓ Resulted

Citizenship Act 1955

Acquisition 1055
Birth R Renunciation Giving citizenship
B
-> -> -
up
-
Registration
A -
Acquisition T -
Termination -
Terminating citizenship
N- Naturalization

Deprivings if fraud,
A
-
Decent Depreviation.
->
D p -

was etc.

1 By ·
Birth:
1st citizen irrespective ofnationality of parents.
26 Jan 1950
July 1987 A
-
-

After 1
July 1987 *
-
Either parentis Indian
After 3 Dec 200n ->
If parents are II or IL In Indian

↳-
legal migrant
21 By Descent:

3) By Registration:

Persons of Indian Origin (PIO) who has lived for seven years before
applying for registration.
PIO who resides any country or place outside undivided India.
Person married to a citizen and has been in India for the past 7 years.
Minor children of parents who are citizens.
Adult and previous independent India citizen or child of citizen and
has been resident in India for 12 months immediately before
applying.
Adult OCI cardholder for 5 years who has been resident in India for
12 months immediately before applying.
4) By Naturalization:
Resided in India or served the Indian government for 12 months prior to the application.
-

Resided in India or served the Indian government for a total of 11 years in the past 14
years.
Has good character and adequate knowledge of a language specified in the 8th Schedule to
-

the Constitution.

IMPORTANT 8
The government can waive these conditions if the person has rendered distinguished service
to science, philosophy, art, literature, world peace, or human progress. This is under Section
6 of the Citizenship Act 1955.

By Incorporation ofTerritory:
If a foreign territory becomes part of India, specified persons from such territory become
citizens of India from the notified date. Eg- Pondicherry in 1962.
↳
after passing ofanorder.
 single citizenship - No
separate state citizenship/promotes unity integrity
Benefits?
1) Uniformity across India: Uniformity of rights and duties for all citizens living in
any part of the country.
2) Allegiance to the nation: Encourages allegiance towards the nation.
3) Protects citizen rights: Provides greater protection to citizens’ rights guaranteed by
the Constitution of India.
n) Ease of Governance: Eases the implementation of laws as rights of citizens are the
same across the country.
5) Unity in diversity: Encourages unity in diversity despite diverse cultural and ethnic
identities.

overseas citizen ofIndia:(OC1

->
By IM SinghviCommittee Report2002.
-> provide alternate to dual citizenship to Indian diaspora.
Nation ->
from nasce citizen =>
legal identity.
I kinship, sense ofcommoness)

Indian Diaspora Not

necessarily of Indian
nationality, buthave a
feeling of
-

India as their nation.

consulate -
Branch ofembassy.

↳ Can get Indian citizenshipthrough Registration.

A Govtagencies responsible ensuring for process implementation regarding child

Adoption in India-CARA (Central Adoption

&
Resource Agency
↳
SARA (State "

Eligibility for Registration:

⑧
Citizen of another country who was a citizen of India on 26th January.
1950 or later.
⑧
Citizen of another country who belonged to a territory that became part of India after 15th
August 1947.
⑧
Citizen of another country who was eligible to become an Indian citizen on 26th January
1950.
⑧
Child, grandchild, or great-grandchild of such citizens.
⑧
Minor child of any of the above.
⑧
Spouse of foreign origin of an Indian citizen or OCI Cardholder.
⑧
Held an Indian passport at any time.
⑧
Person, parent, grandparent, or great-grandparent was born and permanently resident in
India.
⑧
Residents of Pakistan, Bangladesh, Bhutan, Nepal, China, Iran, and Sri Lanka are barred
from obtaining PIO cards.
A who has member of
any foreign military is ineligible
A
-
person served as a
to ol card except when its
receive
compulsory.
with
draw al Of OLE

penouncing the
a
card.
- Central govtdeclares them no
longer a card holder.

Cancellation -
card acquired by fraud.
↳

D
Disrespecttowards constitution.

conspired with
enemy.
Jail for 24
years within 5
years ofacquiring of card.

Threatening India
·
security.
a
citizenship 1955.
violating Act

person of Indian origin:

->
held Indian passport at time.
any
If person, parents, grandparents, were born or

Indian
permanentresidentin
resident to
India.
Gol
were
according
Act 1935-
A Residents of Pakistan, Bangladesh, Bhutan, Nepal, China, Iran, and Sri Lanka are
barred from obtaining PIO cards.

A old plo
merged in 2015.

Muslims
exempted,
as these countries

are Islamic states.

Concerns regarding (AA8

National Register of Citizens: Criticism:

Popin Registry: (NPR)

National
Issues with NPR:

i
residing with a
purpose/job, edu). No specified time
period.

-> oldest
Census-NRC-NPR
oldest 19 test

->
No. ofinfo taken in census are more
 Fundamental Rights Part II Article 12-35.
(Magna Carta ofIndia)

Rights legitimate claim/legimitate only

-
when agreed by society or law)

origin: ① Nature - Natural Rights

② State ->
statutory/legal rights. (By law)

* A right is a
right only when there is an
authority to
go to for settlement.

Medieval modern
-
Divine rights to king
->
Man became rational & able to understand good
bad to the birth oflights ofan
leading to exploitation or
leading
ofhuman. individual
->
Right oflife is given by
and
liberty nature
and cannot be taken
away by State

except by the procedure oflaw.

Source is Nature.
A Inspired from USA. ~>

->
After UN Declaration on HR.

->
mentioned in constitution.
*)
Rights derived from Act (law)

/Statutory Rights

(A:32,226)

A Fundamental Rights amendable -

Right to property removed. (Article 31)

↓

to distribute
property ofZamindars among
the poor and prevent it to become a legal issue.
 -> Eg. Article 15, state shall not discriminate

Education.
-
Eg. Rightto

Article 32
->

temporary in nature
->

· ↳
linguistic Religious
Das is DaSiS
 Article 12:- defines state as I limited to part III only, Article 12-35)
Union-legt Ene

State -
legt Ene
local authorities ->
Panchayati Raj Institutions, Municipalities
+ other bodies of Govt. ( like putbody given
regulatory authority by GOI)
Eg -
PSU)

NO
Judiciary? Judiciary + 5 has remedial funct not implementation funct"
↳ ↓
of FR.
included in E Adm Judiciary
def" ofState functi funct

A why defining state imp

star has & authorities, so constitutional needed
unlimited powers protection is
->

~
Goutfinances a
project, managed by other
authority.
public imp
Everything controlled by states work
Eg -
passportseva kendr' having TCs
Employees

D. Can supreme court can

give judgementregarding the
regulation ofany put company?
Ans:Yes, SC can. is

Ifcompany registered in
company Act,not working ace to its provisions & Art
then this matter can be taken toss as it consistofviolation oflaw provision.

Rupak Ashok Judicial orders by superior court don't violate fundamental rights under Part III of the
Hura case Constitution.
20028 Superior court of Justice is not the State or 'other authorities' under Article 12.

Riju Prasad Court held that the Judiciary is not regarded as State when acting in its
Sarman vis Judicial capacity.
State of Assam: /2015 Writ jurisdiction applies to administrative actions of the Judiciary.
 against
Eg. ofcase, adm funct" ofcourts gort employee responsible fow Date allocation ofcase asking
->

↳ for bribery to allocate case date in near future.

Court adm not
issuing necessary papers after judgementin order to get bribery.

Article 13: inconsistentwith FR will be court.

law
abridgedby
⑥

Put const cost. post

-
applicable for both.

Provisions
Doctrine ofrebility: ofan Act inconsistentwith FR will be declared
holl & void. (cut downs

Doctrine ofEclipse: Provisions ofan Act inconsistentwith ER will be hidden temporary)

194s amendments can be made.

Definition Of 190:
A
-
Article 13 addresses laws inconsistent with or in derogation of fundamental rights.
->
All laws inconsistent with Part III of the Constitution shall be void.
-
No law shall be made by the state that takes away or abridges the rights given by this part.
-
Laws made in contravention of this clause shall be held void. both union & state legislature)
->
Basis of the doctrine of judicial review in India.
D
-
Empowers the Supreme Court (Article 32) and the High Courts (Article 226) to declare a law
unconstitutional and invalid.
-
Helps check misuse of powers by the legislature and executive.

A
high court
can do Judicial review on union laws also.
Judicial Review interpretation ofconstitution be
A
requires which can done only by
court and courtnot districtcourt.
high supreme by
So, JR
only by HCPSC-

A What is included in law under Article 13?

-
Permanent laws enacted by Parliament or state legislatures.
-
Temporary laws like ordinances issued by the president or state governors. powers.
govt
D
-
Statutory instruments in the nature of delegated legislation. orders by, body given legislative
->

-
Non-legislative sources of law like custom or usage. -> old customs & tradition
violating FR.
A
-
Constitutional amendments can be challenged if they violate those fundamental rights
which form part of the basic structure.
A
-
Article 13 does not include laws declared by the courts or directions/orders made by the
->
Supreme Court under Article 142.

JUDICIAL REVIEW:
↳ power of SCOU HC review
to and determine validity
ofleg. and the actions ofgout.
Purpose: To ensure that the actions of the government adhere to the provisions of the constitution
and to maintain the rule of law.
Scope: The Indian Judiciary has the powers to examine the actions of the legislature, executive
and administrative arms of the government.
Constitution as supreme law: In India, the constitution is the supreme law of the land.
Basic Structure Doctrine: Any law which violates the ‘basic structure’ of the constitution can be
declared ultra vires by the court.
 Importance of Judicial Review: It ensures that the government acts within the limits of the
constitution and protects the rights and freedoms of citizens.

Limitations: The power of judicial review is not absolute and is subject to certain limitations
such as the principle of separation of powers. 1 Judiciary has to adhere the checks and balances
and cannot presume the funct" of legislature & Judiciary
Conclusion: Judicial review is a crucial aspect of the Indian legal system and plays a vital
role in upholding the rule of law and protecting the rights of citizen

· content of law made was in union list, its small effect on list is
state
okay.
Eg:NAv/s police the
regarding arrest
ofsuspected.
only be
-
i Arrests
>
by NA should,related to
National
security
and terrorism, notlocal etc.
gangsters
gotgiving appropriate
compensation in the name

ofcountry's progress, making defense corridor

et2)

legislature transfers power oflegislation to

->
enecutive.

distribution etc to maintain

only by govt. Eg. Restriction
law
on
mobility, newspaper
x and order. I Punjabs

nominal
-

- real
↳
Appointmentby Hos

A power ofso applicable outside Indian

well?
territory as Yes
* Parliament can make laws applicable
outside India Yes
as well?

Eg-Fugitive Offender
->
Economic Act

I for Vijay Malaya etc

 ->
Implied powers ofElection Commission

during TN Seshan as CEC

S
connected

decisions binding
->
sc on all IOwer
Courts.

A
- Harmonious interpretation ofconflict
causing provisions ofCentre State Act

by the
Judiciary.

A state leg. 1de on concurrent list may supercede law made by Union legislature
A in matters
on same matter.
of
parliament
I
concurrent list.
State
legislature
Ris stA
-Is
is president
#Bill
*
t
Governer.
B ⑪ I Reserved for president
①
E
en
Act already made
by
x
union council
central of Ministers
govt.
⑤
- president signs.
State Bill becomes Actand supercedes the Act formed by Parliament.

Article in: Equality before law and Equal protection oflaws.

to

Article 14 states that “the State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.”
Applicability: This provision confers rights on all persons whether citizens or foreigners.
Definition of Person: The word ‘person’ includes legal persons, viz, statutory corporations,
companies, registered societies or any other type of legal person.
Scope: The concept of ‘natural Justice‘ and ‘rule of Law‘ emanates from this article.
↳
Eg Equality
=
 -> gave way to access to
(t) Justice

Eg - NALSA
I-)

-
 Article 15(1)8 only
prohibits, State prohibits stated
Y -> citizen

only on
↓
RRCSP
discrimination based
on experience,
physical criteria etc. Inception for
->
women

possible. Eg Height
- and children.
criteria in defense.

class mentioned
- a
-

instead of caste
as caste is connected
to
religion and thus,
will be difficultto
alter.

-> upto 10% ( not

I
mandatory
N B

↓
estal managed by minorities.

6 minorities - truslims, Buddhist

Sikhs, Jain, Parsis, Chustians

A Mandal Commission recommended 27% reservation to 3700 caste that did not come
I
-> up
singh Goutimplemented it. under SCOUST.
A PU Narasimha Rao General
suggested giving reservation to
economically weaker section in

category.
Indra Sawhney Case:

Mandal Commission
suggestion
->
was acceptable
->
Total reservation (50%
Criteria implemented. (for
Creamy layer
->
should be OBC, notSCIST)

Rao (only
->
Navasimha not acceptable. and education
suggestion was social
* ModiGovernmentamended constitution & added based reservation mentioned

economically based reservation. in constitution, noteconomicals

violation of Article 15(4)-
 -> Individual for its implementation.
notresponsible

Article 16: Provides for equality of opportunity in matters of employment or appointment to

any office under the State.
Only for citizen. Only for public Employment. 1 Not put employments
·

No citizen can be discriminated or be ineligible for employment or office under the State
based only on religion, race, caste, sex, descent, place of birth or residence. entra than Art -> 15.

A parliamentcan allow state fin

to residence as a criteria for job. -
Enception
A intellectual
language, physical or
ability based Discrimination allowed.
↓ La
Eg:Height criteria in police.
Eg:local
language testin stat PSC.

Enceptions:

e n

↳ Reservation ofseats in
Only*↑ s2IST
promotion of SCIST

Mandal Commission:

I only for OBC

↳
National commission for Backward classes.
 (I)

->
Only for SCIST.
(E)
in appointments
Creamy layer will
get advantage only
not in promotions)

Article 17:Abolition
ofUntouchability.

/No exceptions)

I -

Article 14-10
Right to
Equality.
->

Article 18:
① Abolition ofTitles
② Indian citizen cannotaccept title from foreign government
③ Foreigner working with Indian Gort can accepttitles from foreign gout
after approval from president.
A Defensed academic prefines are allowed.

* No one holding office under the state can accept any present, emolument, or office from
foreign states without the President's consent.

A Supreme Court in Balaji Raghavan v. Union of India, 1996 case ruled that National Awards
are not titles and do not violate Article 18 But not to be used as suffices or prefines
 Article 19: Right to Freedom
Aim: promote objective ofliberty.
Remove Inequalities among individuals.
Entitle all a
dignified life. Right to move outside
the is FR as
country per
Article 1911) (9) Freedom regarding speeche Empression Article 199

Assemble
Ans:No, it is under
form association Article 21.

Freedom to
territory ofIndia.
inside
'sI Reside
d) move

in
any partofterritory.
19) profession.

Freedom of Speech & Expression:

very Importantfor Democracy)

3
-FR
Demonstration:->
Gathering together and their views.
expressing
strike -
Blocking something
&Not a FR, but a
legal right only in industrialdisputes ifcontract
frm are notfollowed.
 Freedom of Speech &
Restriction on Empression:

Eg: Nupur Sharma case

I Have restrictions)

Eg -
Assem Trivedi/Cartoonist
 Freedom ofAssembly:
D
-
Article 19(1)(b) gives citizens the right to assemble peaceably without arms.
-
This includes the right to hold public meetings, demonstrations, and
processions.
->
Assemblies must be peaceful, unarmed, and held only on public land.
-
This right does not protect violent or disorderly assemblies that breach public
peace or involve arms.
-
The right to assemble does not include the right to strike.

->curfew
 Eg - Ba'ath
party, sysia.
I -

M -

- H

reside:
temporary
settle: permanent
 & war

->
Internal
Emergency (War, Enternal
Aggression)
National 8
Emergency -
/Article 352: Internal
Emergency (Armed Rebellion)

Article Protection punishment

20:->
against arbitrary and excessive

Importance cannot be suspended even

during an
-
emergency.
Applicability -
Citizen &
foreigners.
11) No
enpost facto
Crime committed on 1 Jan 2023 but it is not mentioned in IPC

changes in IPC made on 1 March 2023

No punishmentwill be
given.

Amendment from backdate -

Retrospective.) amendment on 3 March 2023
↓ but date from which law
Not valid in criminal laws. will be implemented is
taken 1 Jan, 2023)
A Retrospective amendmentpossible in civil cases.
↳(collection oftanes from previous dates Eg- Vodafone

DTAA - Double Tanation Avoidance

Agreement
·

Eg -
with Mauritius /Vodafone cases
↳
Central Board ofDirect Tanes. Giving tan benefits when investment
LBDI*
Manages Corporation Tan is through
particular
country.
A Partha Sarthi shome committee
GAAR -
General Anti Avoidance Rule.

I punishmentonly when the crime committed is mentioned in law)

Eg- divorce.

Juvenile Justice Board - 16-18 person can be sentto Juvenile home or in

adult
jails

Departmental action is separate

from thepunishment given by court.
Eg- Termination from [Ast
10
year Jail.

Eg -
Jessica Lal Murder Mystry.
 will also be checked.
->
content of law
(Judiciary scope increased)
~

-
 procedure esta by law ->
from British constitution. (Parliament supremacy)
Due process of law - us constitution. (Judicial supremacy

/ Judicial supremacy)

checks only
I checks born implementation oflaw
and content
implementation of law) of laws

I from Maneka Gandhi cases

↳ Capital punishmentJail
as
procedure esta by law Exception of Right to life and personal liberty.
↓

complete trust ofconstitutional framers (legislature will form a procedure of taking away
-
Right to life libertyl
framers
intellect
on
legislature
constitutional assumed that the law and

processes formed by legislature will be best in

every
aspect which was notthe case later
↓

from
S validity of
Taken Judiciary decided to question the
Use constitution law based on what constitution makers
wanted from the law
makers/legislators)
checking -> If the law violates article 19, 14, then
it
will also violate Article 21.
H
Due process oflaw.

3 use ofdue process oflaw

I checking the contentoflaw
-meaning ofRight to life
 -
stopping life support

Active euthanasia I

injecting something from

outside to take life.

Article 21 -
Right to free Education until 14 years age.
↳ came Article 21A.
before
FR8

Right to Road in Hilly

&
areas

Rightto Reputation.
Right against bar felters.
to
Right sleep.
Right to
marry a
person ofone's choice.

Right to livelihood.

Article 21 during Emergency:

Right to Education (Article 21A)

86Th
CAA, 2002:

->
ICDS/Integrated child
Developmentschemes
Rights under Punitive Detention:

b
similar to criminal acts.
 laws
only be made
-> can

by Parliament regarding
preventive Detention.

- -

Authority to make laws on preventive Detection:

-> arvent without warrant.

Article 23: Prohibition in Human Beings Forced labour.
Bonded
of Traffic and labour

- Begar
sellings buying of people "Begar/work withoutrenumeration

prostitution, slavery
↓
Not directly illegal from rootif done by will.

- butcan on basis of sen

So Judgements:

Apen govt organization for child Rights - NCPCR INational Commission for
al protection ofChild Rights)
Juvenile Justice Act

child in conflict child in care

with law of law

->
crime A
-
Orphan.
-
->
punished by Juvenile Justice childwelfare committee.
I man's years Board.

Article 248 to prohibition of Employmentof children in factories etc.

-> recommends measures to

gort for child welfare.

↳ takes care ofviolation
ofchild Rights.
 following:Case Judgement
->Match
the

Individual
-

Rights

-
Group Rights
-> No collection oftaxes allowed

for promotion ofa particular

religion.

D
1 P, M, H1
Inception to Article 25%
A Gout can collect fees from people attending a
religious practise.

3 ↑
cohibited.

*
Religious instructions can be
given in gout funded institutions.
3 permitted.

↳
Eg -
Madarsa/Gove funded
Vermin species:animals to human, crops, livestock,
threatening property.
Lo to hunt
allowed
legally

Article 29-a protection

ofthe interest ofminorities. (Group Rights
Article 29,30-0 provide culturale educational rights to religious a linguistic minorite
La
helps accommodate spiritofpluralism and unity in Diversity.

Article 30 ->
RightofMinorities to est. Radm Educational Institutions.

->
Individual Right

to include minorities -

and other small

-

groups
yet identified
not as

minorities.

Group right
 Article so: Rightofminorities to est. and adm educational Institutions.

A minority Institutions notexclusive to minority students/preference given to them)

linguistic religious
-
Article 29 -> Any section of citizen.
Jain
Buddhists i Muslims

Greligious
minosities

Christians!" Sikhs
Pasi
I subjected to stat regulation on academic standard,
discipline & staffemployment.
↳
free to adm. Meir affairs, must
follow
laws.
↓ general
C decides the status ofminority Educational Institutions.
NOC required to est minority" "

* Article 2911) -
absolute right
Article 30 ->
qualified right. I fulfillmentofcertain cond

-> Applied to religious

institutions also.

Ifnot esta, then no

administration.
 Article 32: -
for breach of individual FR
2A

Barliament I for McArticle 226) enforce

to se. to
can
go directly FR.

can amend and can

give this
power to other courtalso
along with se
↳
is not
againstindependence of Judiciary.
*
so can issue writs.
↳ order
legal
A Sc issue wait for FR-Article 32

A He issue writ for FR or

any other
Art.
legal rights -
226.

Writ Jurisdiction ofHC>SC.

↓
to lower the burden of cases on sc. Eg. National
Emergency

Original Jurisdiction - direct movementto s. Eg -

Federal issues, violation ofMR.

quasiJudicial Court ->

similar to

normal courtbutlacks some powers.

A territorial jurisdiction ofwrit power

ofs is less than HC?

Ans:False
prevention
A writ Jurisdiction of HC is
larges
diversified compared to so? cure
Ans True.
lafter giving judgement

A parliamentcan make law under

only
Art 33.

~can be applied to entities also.

put

entra slides in
ppt.
 Article 348 restriction on FR while martial law is in force.
A Habeus corpus not
suspended during martial law.

A to st?
why power not given
maintain in
implemention ofFR. is country
->
to
uniformity whole to
maintain unity & integrity of
country.
Exception to F18

Act ~state acquiring land. State can

created by - acquire companies,
parliamentwhich violates merge companies.
FR
get
validity
can

under
 - am schedule
-
notunder
-

Judicial Review.

Eg-Equal pay for

Eg -Equality before
law
abridge FR on 4-
equal work-
VIS
moralitypublic
order
Right of Right to
religion.
Livelihood.

very vague
 Directive principle ofState Part IV
Policy.
->

Directions to be considered
during policy formation by the state

India is a welfare state ->

state to take care ofthose not able tofor themselves.
care

Eg-Right to Education, Antyodaya Yojana, Ayushman

Article 36: Bharat Yojana.
Union & SL at central level
State local bodies ->
PRI, Municiplatives
etc.

3
socialist
-
DPSP ->
Gadhian no mention in constitution.
↳
Liberal -
Intellectual
 Article 36:Def ofState ->
defining the
meaning of stats for this separate part
Art 37: DPSP Now justiciable, fundamental governance of
to the
country.

liberal -
reducing restrictions, increasing choices/freedom
↳
reflective in both FRP DPSP.

Article 30: State to secure social order for the promotion ofwelfare ofpeople
↓ social justice A *
economic justice.

reflects objective of political justice

preamble. (Justices

Art38:Reduce facilities, opportunities etc.

inequality on
grounds ofincome, status,

Eg- using small children

to clean brick klins.

NCPCR - NAMOnal
commission for protection
ofChild Rights.
Statutory Body'

distribute
cooperative farming: Pool input, profit according to the output produced.
problems:fuzzy land records

privy pouse:Amout paid to the past royal families as pension.

Equal 397: 1424 CAA, 1976)

L
justice a free legal
soequal
Adalat
anda
~LOK
justice by providing equal opportunity to access it.
Eg- Tele law
through
common
↓ service centre

-> Statutory Body NALSA, SALSA

*
by lok Adalatcannotbe appealed in
Decision
higher courts.
↳ verdict is mutual
agreementnot a
judgementin one's favour so cannot be

appealed. + slides from ppt

 about the content
lok Adalat notinformed
Appeal can be made ifthe is fully,and signs
->
against person
were taken.
Constitutional Body- mentioned in constitution.
Govi-Body ↳ statutory Body-made by ParliamentAct.
>

Enecutive Body made by CabinetResolution. Eg

- -
planning commiss
ion.

Article 41:
Right to work, educations to public assistance in certain
cases.
↓ ↓
Eg-MGNBEGA Ayushman Bharat Yojana.
NSAP -> made on Article 41.
↳ National Assistance
Social program

Article 42: Provision for just humane of work relief.

condition
maternity
Implementation scheme - JananiSuraksha Yojana to promote institutional
-

↳ Janani Shishu Suraksha Karyakaram (JSSK) delivery.

-
free delivery, t c-section

others from ppt

Min
- wage
Article 43:
living wage, decentwork etc for workers.
↓

Eg-Min wages Act (1948)

Article 43A: Participation of Worker in managementof Industries

↳
Implementation ofIndustrial Dispute Act.

Article 47:Raise level ofnutrition & standard ofliving to improve public Health.
LA
Mid
Day meal scheme
↳
SABLAYojana.

Anganwadischeme.
·

Gandhian Directive principle:

Article 40:
Organisation ofvillage Panchayat
↳
PRI made constitutional through 73rd CAA, 1992. (made legal)
/earlier it was social institutions

Article 435:promotion ofcooperative societies.

to should be

ewugn organised democratically

and
Added at CA1, 2011. controlled.

Goal-10000 Farmer Produces

* new
organisation by 2027.

Promotion ofCottage Article

Industries
* us is also partofGandhian principle

only family members are involved.

 Article usimplementation:NCSC, NCST, NC for women (1992)

liberal IntellectualRights:

Article Uniform
un: civil Code.
A Goa is state with
uniform (ivil code.
only

Equal status to all

I
Gender parity
mevits: contentious provision ofpersonal laws
Promote National Integrity.
Accomodate inspiration ofyoung popin.
simplification oflaws
legitimate govt.

Article 45: ICDS Yojana.

Rashtriya Gokul Mission. I
Article 48:Promote livelihood opportunities. ->
Development & conservation ofBovine breeds.
↳
National livestock Mission

Article 481: protection ofEnv, forest, Wildlife.

Implementation through Integrated DevelopmentofWildlife Habitats.

Article Separation ofJudiciary from

50: Executive.

Implementation Criminal procedure

->
Court.

Fabian Socialism ->

Reducing Inequality in stepwise manner. (This could have been
done in one steps

Golaknath vis state ofpunjab: constitution Amendmentunder Article 360 will be an

ordinary law under Article 13. *

Judiciary can nullify thatCA
 Fundamental Duties. - Part IV A& Article 51A
Moral obligation & commitmentof citizen towards
society a nation

added constitution?
Why originally not in the
&
1) By 'we the people' 'give themselves', automatically duties are
being assigned to
themselves
people to abide
by the constitution as
they are the one who
gives
the constitution.

2) State has power to punish those who don't follow the constitution provisions.

why needed?
D
people should be aware oftheir duties along with their Rights (Indira Gandhi
-

M. Gandhi
Rights are in the embryo ofduties.
-> -

Individual Rights should be outside the proview ofstate. I taken from wests
->

Duties >
Rights in pastpolitical systems. Constitution should allign with the society
->

and Indian society focused on duties.

Sardar swansingh committee a recommended Fundamental Duties.

A parliamentcan enforce FD through suitable legislations.

* Applicable only to citizens.

-
Superflous
~ Non justiciable
criticism: * Added to part IV instead ofPartIII - thatwould have inthe
·
vagued ambiguous status ofFundamental Duties
·
Non exhaustive. similar to FR. But the condition
more FD could have was not such thatthey could be implemented which
been included. would have decreased the confidence on constitution.
 add
-
Amendment
change in
constitution,age
->

alter

needed?
Why
L to deal changing timese challenges. Eg. making new Rights, new
with

Goutbody.Repeal/Remove laws, changing powers ofgoutbody, Institution

A constitution -
mix of flexibility Rigidity. ~

Article 360:Amendment
through special majority.

simple creation ofnew State Amendmentin schedules. 1 4.Autul

majority I and
+

the
amending Quoram.

->
43P&V & 50% oftotal strength. through simple
special majority majority.
↑

↳ -43 POV & 50% oftotal strength & 50% stats leg/ratify)
ifimpactis federal
I

on relations (Centre state power distributions

Eg + GST state has power in matters of
↑ federal nature.

A power to amend constitution lies parliament. False GST.

only with
Eg ->

power introduce CA Bill lies with parliament. (Amendment introduced in

A to
only Bill
only
(S/RS)

A CA Bill introduction ->

Minister + put member.

Minister -
GovtBill
putmember
-

put Member Bill.

11 Absolute Majority - > 50% ofTS. 15:100 AM:51

Simple 50%of PCU POU:

90
2) majority >
-
SM 46 =

-
Death

Effective TS:100 vacant 20 Dis

3)
majority is-vacantseats
quality
D
- = -

↓
b Y
>50%
Resign
*
majority ofall the then members
Remaining: 80.

B
election ->
midterm election

A constitution can be amended through special majority -

43
A oftotal strength only in Impeachmentofpresident
-

1
Mrough special Majority.
-> ↑

3
-

lok Sabha Rajya Sabha

It
① ⑮
Yes
②
↑President (yes) Act
⑪
E For constitutio
·suggested
③ If No consensus eme amendments nal amendm
then Bill lapse. TUt Bill.
①
It D NO ② -
Bill lapse.
A Bill can start in
Rajya Sabha also.
 Joint sitting: during Bill
ordinary
-

① ② ③
Introduction -
LS RS LS * NO
* *
RS* LS RS -> presidentcalls
D A

president President pending for Joint

*

·
sitting
becomes Act* - 16MOUMS) during deadlock.

suggested amendments
* Chairman ofRS/VP) is notaccepted by LS.

not a member ofRs.

·
elected through a different A preside - is speaker,
process man a is member.
·
Dep. Speaker IS

Dep. Chairman RS
A
Man members are ofIS in Joint
sitting voting done through
& Simple majority
has
majority ofruling
6
is a
party
which means decision ofIS will prevail
in
jointsitting (as it has more strength in JS)

I means decision ofruling party will rules

*

* IfJoint sitting provision is applied in CA Bill then is pulling party will be able
to amend the constitution as to its will.

A so:stats ratification changing presidentelection

mandatory in procedure.

* If state power is affected in (Abill then 50% states ratification necessary.

* 50% stats ratification only applicable in cases ofCABill.

president GUM
A assent
mandatory in Bill.
CA No veto power.
- CAA.

A prior approval of presidentnotrequired for Bill.

CA

* presidentnot a member ofISPRs.

council
-> legislative
15
Parliaments state ->
legislative Assembly
4 ↳
president Governer.

A min session - 2 I Gap ofnot more than 6 months blw 2 sessions

A man sessions - No limit

all than (51. / junior judges

puisine judges judges other
-

Amendment to increase executive power ofunion requires 50% states leg ratification
↳ +
legislative power.

Doctrine of Basic structure:-> to guard the constitution

↳
a from Kesavananda Bharticase, 1973.
not mentioned in constitution.
 concept ofseparation ofpower -> Baron De Montesquier
legislature (make law)
3
organs ofgout Executive (implement the law)
↳
Judiciary (check validity oflaw)

In India ofchecks & balances. (No

system clear separation ofpower
-

presidential form ofgovt-USA parliamentary form

-
USA -
India

separation ofpower.
checks?(alancestoclearseperationsare
-
clear -

↳
Enecutive need notto be a part
oflegislature. Only presidentis elected person
K
and rest all executive is choosen by MP "Minister
president legislatures I Enecutives

ultra vires->
beyond their power. Judiciary' nullify the law

appoint remove the judges.

Executive -
legislature the
Judiciary
ask questions nullify laws
parliament
made
by

system ofchecks & Balances A No

judge has been removed
by
parliamenttill now.

why parliamentary system choosen?

La leaders were
already used to with it. MP-MCA- Minister (M-PM
-

A
* In Parliamentary system representation rises from local level and goes upto higher level.
* In Presidential
system people are concerned with
only higher level ofrepresentation. (Personality
driven)
A can shiftfrom parliamentary form to presidentform ofgort?
India
No,Dcz
parliamentary form ofgortis a partofbasic structure ofthe constitution.
->

cas to various so
judgements)

In presidential form ofgort, president has no the

A
accountability to legislature. Only accountable
to the people.
In Park, pi is accountable to the
legislature. IPM answerable to legislature ,I presidentnot
answerable to

legislature)
parliament- to make law.
↓ I A ·
Congress
lok Sabha president Rajya Sabha US

/House ofpeople) I council ofstates ↑

Senate
(lower Housel <Upper Houses
A Council ofMinisters collectively responsible to the Lok Sabha. (not parliaments

* Prime Minister --
firstamongstequals. largestconstituency - leh.

1a11 MPs are equal butone in

among them

is above all others which is the leader ofparty with

majority seats:pin)
 lok Sabha (MP) Rajya Sabha (MP)
directly elected/people->15-MP)
-> D
Indirectly elected en
(people MLA RS-MP) -
-

Indirectelection.
-
Vidhan Sabha
(legislative Assembly) (-LS)
State level
vidhan (RS) for
parishad
(legislativecouncil
MIC
=>
do notvote RS bcz
not state has IC.
every
to
bring wider Representation
satisfy political ambitions.

A
Why is needed?L to make laws

ID3)
Debate
- implemented
Bill - Discussion putto
-> vote -
president assent. -> Act a
law
↳
Deliberation
 ofsemi presidential govt -Si lanka.
Eg

presidential semi presidential parliamentary

President -
Hos, HOG W
I · President HOS
->

France Sri lanka. DM+ HOG

E 3
president is president will president president
E

PM PR
directly elected. I
appoint a PD -

choice removal
b
No
accountability of his by removal
by
I like Presidential president legislature.
⑰

systems
complementary pole.
accountable to the people.

A PM in India can befrom any House ofParliament. (should be elected not nominated
If Minister does notget elected from any House within 6 months, he resigns before
6 months end and
gets reappointed again for 6 months period loophole of constitution. -

A public welfare fulfilled through DPSPimplementation by laws made

by parliament
Parliament representcitizen's voice. Representative
body)
ensures goutaccountability & use ofpublic money
↓

-
helps building national leadership.
enables discussion for law
making.

A presidentnota part ofany house ofParliament.

No power to remove each other

o parliament / Central levell

10k Sabha Rajya Sabha
Hlower Housel lupper housel

& tale level ↳

legislative Assembly legislative council

I Vidhan sabhas I Vidhan Parishads
↓
Has the power to remove

Other House (CC) by passing a

approved through simple majority.
↳ not
special majority vote &
giving it to parliament. mandatory for parliament.
At

majority. / Article 1697

fOW LA. ·
would notbe considered as constitutional Amendment

Rajya Sabha ole nominated members - Article 80

literature, all social service.
Science Aut

3
4 JOK
-
presently a members from UI 3 Delhi NCTOnly these OThave LA/MLAs)
-

↳ I
Puducherry. required for Rajya Sabha

election.
* Ministers can sit in
any house butcan vote
only from their respective House.
A oath for the qualification for the membership ofparliamentmentioned in 3rd schedule.
Age criteria.
30- RS
25-15

21 -

Panchayati Raj

Rajya Sabha election:

->
indirectelection.
By proportional Representation by means ofsingle transferable vote.
* MLC do not vote in is election.
-
Allocation ofseats based on population (census of1971)

Proportional Representation:
->
Allocating seats based on
percentage of voles the
party gets.
->
for election of President, VP, RS/Indirect
voting
First
past the post system:(for lok sabhal
system 1
Majority in LSPLA)
->

proportion ofvoles doesn't matter.

->

A PRSTV chosen for direct

Why was election?
other method
very hard to understand for normal people.
->
was
& the
voting is done by MLA
majority party has
assurity ofwinning the seats
->

Single Transferrable vote:

Rutta=10,000 Al B C D

Round I 5000 3000 1000 500 I preference is voted

-> Ist
preference voles are calculated of each candidate, ifQuota
is passed then he becomes the candidate.
-> least1stpreference voted person is eliminated and his 2nd
preference voles are equally distributed among other candidates.

If Quota is
passed,
not then and round happens.

Rajya Sabha tenure-6 years -extended during emergency.

* 15 5
years (dissolved after 5years mandatonly)
+

1320 member retire

after every 2 years.

A A nominated member is
disqualified ifhe joins a
political party after 6 months.
1
Independent member membership disqualified ifhe joins a political party, after election.

* Independent member can become a minister ofa political party withoutjoining

thatpolitical party. I cond" -
He has to be an MP3
 also ~ exempted from office ofprofits.
* office ofprofit,includes pecuniary benefits (Eg same person as MPP Minister getting
the benefits of both excepta salaries)

Now exempted office ofprofits Eg-AAP made

MIA parliamentary secretary and
getting
all
benefits from public money
disqualified by president non
court ruled
=>
thatoffice of profit also includes,pecuniary benefits, like gifts,
bunglow, cars etc.

A office of profit is getting benefits of2 postwhich includes use of public money.
Notapplicable to Governer, President, PM, etc.
↳ Parliament
prevention of
FOU a) Disqualification Act 1959.
Deini amended multiple times to add

post to exempt.

E ofParliament
Art102 -
member
disquali- put191 MLA, MLC National Territory Act 1991.
-

Capital
·

fication
Articles.

residentitlevels
Power
disquality
-
to

A Office of profit not well defined the constitution. I mentioned

in
only
↳>
defined in Act.

Number of

x Rajya sabha seats in differentstates mentioned

in schedule 4
ofconstitution.
↓
Rajya Sabha - House ofElders. for bothStatef UT.
↳ consists oftalented/experts.

people in differentfields. (ul

Why Rajya Sabha Representative Body ofstates. (Represents local problems)
-

I
! keeps check on
hasty legislation.
special powers/ Eg. Creation ofAll India services, can make laws on matters of

State list (schedule 7))

19 seats fortin RS=> 8UT 1 man seats from Delhi(NCT) -> 71

I authority.
Territorial constituencies adjusted by Delimitation Commission (Its power,decided by
- parliaments
A creation parliament, president
by appointmentby

->
section 6215) ofRPA
for
I cannotvotefromJaiputcancontest election Postal estateayears ofjail

A Rightto Vote ->

Legal Right

locked 1971 census. 1976)

why seats on I 42nd CAA
↳
unfair for states which have reduced their pops to control pops" explosion.
Their seats would reduce ifdelimitation is done
again. Eg -
Kerala, TN

↓
to be reviewed in 2000
↓

84 CAA 2001, froze seats till 2026.

* Internal adjustmentof seats allowed. (Readjustment among different regions
↳ based on 1991 census. ofsame statel

87 CAA 2002 Bases ofInternal Readjustmentchanged to 2001 census.

-

D seats frozen on 1971 census, Internal readjustmentbased on 2001 census.

3
Retd So
judge - chairman
Commission
s appointed by
Delimitation Members CEC
President
↳
SEC
Associate members to
to assist delimitation com in
dividing arease allocating
I seats in manner.
proper
non
permanentmembers.
generally
A delimitation (om.,exempted from Judicial Review.

A CAG reportoutside the purview ofJudicial Review.

A Frank Anthony demanded reservation for Anglo Indians in constitution Assembly

by Iouth Amendment Act2019.
↳ reservation removed
given
 T*tO EC

membershipit
A seatof
today's
higher lostin case ofdouble not informed within
10
days)
A For seatof House is lost. ifelected to both at same
sitting member
previous
↳ automatic time I nota sitting
* In days time for sitting MLAif he gets elected for MP/LS/RS) members
↳ lost
if not
informed.
* If election won from a constituencies and winner does notinform which
constituency
he chose then both seats will be lostand he will cease to be a MP.
↓
for (MP for
time
Election done vacated seats
Bypoll election.
only
remaining
->

A EC keep the seat ifnextelections are within 6 months.

can
empty
until nextelections.

SPEAKER OFLOK SABHA8

↓
has to be a member ofLok Sabha.
~Date of electionfixed by president
can be removed by effective majority ofHouse.
~ seniormostmp
Election *
MPS ↑
Speaker Pro Tem choosen oaths by president.

↓
·speaker protem ⑯ Mp choose speaker --outh of all other members.
vacales. from among themselves

new speaker takes seat

as soon as
may be
Deputy speaker: * -

tuon)
La
Convention fixed by speaker. (No time for electionin consti-
Election date mentioned
is thatDS is ofopposition party so thatis
why date is notgiven
by speaker.
 by the then members ->
effective majority
vacant
vacant ->member ofthe House.
-
speaker Deputy speaker
·
appointed by the president

absent
Absence (Deputy Speaker takes seat ·panel officer (MP)
Temporary of presiding
->

vacant

vacancy Permanent (Deputy Speaker president

takes seat
appoints member of
-> a

!n House as
↳acting
speaker.
Death Removal Resignation. Temporary.

1) During functioning does firstinstance,

speaker speaker
normal of - not vote in

only casting vole/during ties

Deputy speaker acts as normal member of House- voles in

first instance.

casting
- have vote.

2) During Removal procedure ofSpeaker Deputy speaker takes

->

chair, speaker acts as

normal mp-no
casting vote
A
chair-casting vole

A panel ofchairperson resol" discussed in Lok Sabha

↳
won't preside ifremoval is
being
appointed by speaker.
PT Usha-- firstnominated member in Panel ofVice Chairperson.

*OfHOUSE.
A speaker ofHouse continues to hold office (even after dissolution) and vacates the
office when new protem takes chair.

"
not colerminus (speaker & member term not same

Suspension ofMP.
373/ Rules ofProcedure of(S) -> Temporary / for a
day
Sabha,
lok 374-Remainder session.
↳
speaker ofis can suspend.

Rajya Sabha -255/Rop ofRS) Temporary

- -

Y256-Entire
↓
Remainder session.
Chairman can only name those to be suspended.

* In joint sitting, if both speaker Deputy speaker are absentthen Deputy Chairman

of Rajya Sabha presides.

Ifabsent
then decided Rules ofProcedure ofHouse.
by the
 (VP)
* Why chairman ofRS,cannotpreside?
↳ b12 he is not a member of either house ofparliament (en officio members

A No
power to RS to change money Bill considered
automatically passed ifno action
at
Article 110 for in days. Eg- Budget

A speaker has power to disquality on

grounds ofdefection.
In is - chairman
In office ofprofit President&
->
Governer. I consultation with EC ofIndial

Business Committee
Advisory
speaker is the chairman
Italompose
of
committee

In
A State
Assembly, House decides the date ofelection ofDeputy speaker.

A President & up of House conta till 1947. Then changed to speaker Deputy Speaker.

A pate ofelection ofby speaker decided by speaker -- in Rules ofprocedure. Of IS

A
by Speaker is not a subordinate office to speaker. /not constitutions
↳ Itis an
equal office.

A first
by Speaker to M.
Ananthasayanam Ayyangar.

Suspension trough Anti defection speaker

->

/But not
by presiding officers panel)
Di"speaker
chairman ofRajya Sabha. -> No
power related to Money Bill. (lies with is
speakers

In jointsitting: Speaker ->

by. Speaker
->
by. Chairman of RS-Anymp.

For Removal:RS ->

Effective majority
IS simple majority
-
 can participate in discussion.
-
chairman
during his removal reson -- cannotvote. (He is not the member ofHouse
by. Chairman
- can vor during his removal. (member of the Houses.

leaders ofparliament D
-
Not mentioned in constitution.
↳ ROp.
mentioned in

->bez he has majority ofMPs in IS.

* If pin is from is then he is the leader of House (IS).

↳
* pM nominates the leader ofRs. spokesperson ofparty in House.
↳
* If PM-Rs, then he is leader ofRs. upholds the interest
of the party.

leader of opposition leader ofprinciple opposition party min 10% oftotal strength
-> ->

↓ ↓ ofHouse.
Statutory office. should be a
single largest
->
salaries & Allowances of party nota coalition
100 Act, 1977.
->
officially recognized in 1969.
->
Alternate pm. / Minority leader in usi

A Ifno leader ofsingle largestmajority party then leader oflargestcoalition party

is
unofficially recognized as 100.
↓
Ensures
accountability, Chairman ofPublic Accounts Committee is

ofgovt conventionally the leader ofsingle largest party.

(100)

constitution (X)
whlp: ->
not mentioned anywhere."Rop (x)

leader ofHouse ·Rules of procedure

leader ofOpposition -
ofLOP. Act
1977. SPA

Office ofwhip: "nowhere mentioned.

↓ ·Monitor ofindividual party.

·ensures attendence of mp oftheir party.
decided by political party Head.

"You serious.

->
one line - non binding,
twolinetoseeatests of
which date

purpose [ip can be disqualified if

↳
direction whip not followed
/by anti defection 1901]
 * whip notapplicable in election ofPresidentofIndia.
mentioned

3
Budget session ↓
-
Parliament session - >

Monsoon session <period Hlw 2 sessions 6 months]

↳ 11
Wintes I

not mentioned in constitution.

(advise by Union Govt

After daysis
COM) summon (adjourned for the days
·
President -- session begins temporary
->

Address
both House
· is (adjourned till lunch)
of H
parliament
Ace ofchaos or no Quoram

by president/requested by govt after 2

* weeks.

provogation o
Adjournment
currentsession sine die I No date given
ends) to reassembles
·
by speaker a chairman
A presidentaddresses only on 1stsession of year/New Is.

A Dissolution fresh election takes

place. (only for 15],RS permanenthouse.
-
-

↳ president
only by
I recommended by Union govt
presidentissued ordinance.
↑
lok Sabha -
Rajya Sabha Adjourned sine die -
Dissolution of
ITT Bill spending) Pending Lok Sabha

passed)
care takers
GOVE
question Hour -
question asked from Minister.
Zero Hour -
Indian parliamentary invention. Fresh elections.
↳> not mentioned in ROp.

->green
starred -
orally answered, supplementary & asked.
I days
15 time.
Ques Lions ->
unstaured- written answer, no
supplementary s
↳ shortnotice 10 days time. I
urgent notices
Zunite
Pink
-
 resolution: opinion of House
represents
collective
motion &

motion Resolution
To do Represents opinion ofthe House
->
work in parliament.
->

any
All need not to be
mandatory voting
-
-
motions

substantive
voled
type of motion.
-

upon.
Inception -
putmember Resolution.

substantive motion -> No confidence motion.

~
Election ofDeputy Speaker.

substitutive motion ->

substituting with an alternative motion, on same matter

subsidiary motion No independentEvistence

--

superceding
moment
·

Ancillary motion motion

matter"changes
lEg Referring
-
the bill to a committee

Introduction ofBill ->:

substantive motion.
I

considering the Bill-B:Ancillary motion.

-
Bill referred to jointCommittee 0 superceding motion.
=
=

Bill to be considered Amendmentto

Bill
->
put to vote

by L Bill
b ⑰
to

⑰ Ancillary
18 Ancillary
motion
motion. Amendment
motion.

Adjournmentmotion -
only in lok Sabha Express opinion,
?
↳
for censure
against the gout.
↳
disrupting the Resolution
normal functioning ofgort
in House.

Adjournmentmotion
censure motion ·
Only in Lok Sabha.
Noconfidence motion
Rule 193 ofprocedure of15.
A
only? No confidence motion per session. (3) years
-
I ,
Budget Monsoon Winter
 passed
Motion ofThanks -,both houses ofParliamentindividually. If failed gout gets defeated
->

An amendmentmotion passed MOT

* can be on
by opposition.
↳
Iffacts given in notare
wrong.

Amendmentallowed, but should be passed at the end

In amendments in Sabha
Eg- recent budget session, 100 were accepted Rajya
motion ofThanks.
private member ->
Mp who is not a minister.
↳ Its bill or resold reserved for Friday. I in
any houses 1968)
I
put bill last passed in 1970. (SC enlargementofJurisdiction
till now
only in passed

Motor vehicle AmendmentAct.

-
Ordinary Bill simple Majority. Joint sitting. Eg-Tok Reorganization Act, Triple Talak.
-

Money Bill-Article 110., power to designate abill as money Bill lies with speaker
↳
Ho power of Rajya Sabha.
No

jointsitting.
presidentcan reject, approve but cannot send back for reconsideration.
↳ Not
rejected by prior recommendation already given by
president.

Budget Annual Financial Statement of

-> -
type Money Bill.
↳ In constitution.

Finance Bill -
for revenue
-
Budget ↳
Appropriation Bill -

for expenditure.
 Annual Financial statement-Budget -
Article 112

Revised estimates- 2023 -

2024 Budget
->
provisional estimates

(for currentyears

Finance I Incomes A
Bill
Automatically passed after in

Budget
↳ days in as

Appropriation Bill | Expenditures Money Bill.

A
Appropriation Bill is passed first in Lok Sabha

H Yes
A prior recommendation ofPresidentneeded Lok Sabha -
Rajya sabha

Ionly discussions

* provisional collection oftanes Act 1931-- Finance Bill to be passed with in 15days
mentioned in Act notconstitution,
statutory

presentation of Budget:
present -
speech ofFM -
General discussion/days) - House adjourned 13 weeks
Iscrutiny by DRSC ~

Finance Bill. Appropriation Voting for a Demand for Grants

Bill.

ensures accountability of executive

Policy Motion
Cut amount demanded reduced to 51.
-
·

Cut Motion ·Economy cut Motion ->

"reduced to specific amount
Token cutmotion by
11
-
=
·
12
2100.

A passing ofany ofabove cut motion can cause initiation of No confidence motion.
↳ warrant the lack ofconfidence in the House. (25)

supplementary Grant ->

supplementthe existing service.

Additional Grant ->

for new service

Exceptional Grant -
aware ofneeded amount (fixed)
itsimportant difference.
- amountneeded not fixed.
vole of credit -- blank cheque for unforseen expenditure.

vole account
every year (for expenditure when
budget is being discussed & passed)
-
on
↳
Feb, March, April.

Token grant
-
transfer ofmoney from one departmentto other. (re appropriations

passing ofordinary Bill:

First
reading - introduction ofthe Bill.
Second Reading - Discussion, Debate.Third reading -
mainly voting.
 -> Rule 219 ofprocedure of15.
A Finance Bill -
All Finance Bill are money Bill + partof Budget
* Financial bill - All financial Bill are not
money bill.
Eg. salaries pension
ofs Judges 1. Act
FinancialBill (Al Financial Bill (B) like an
ordinary
Art. 117(I) Art 117(3) Bill
⑰

(Refer pPPt)

Rajya Sabha can reject or

amend (not like with money Bill

y

Category 1
-
Prior recommendation ofPresident before introduction of Bill)
↳
intro in IS
↳ Only
of11019)-(f)
Joinusing
involve matters

Everything else like

ordinary Bill.
↳
Rs can amend.

category 2:
->
deals with expenditure from consolidated FI.
·
Intro in LSIRs.
·

Prior recommendation ofpresident before passing the Bill

Everything else like

ordinary Bill.

Eg-salaries and pension of s

Judges Act

charged Expenditure ->

expense thatcannotbe voted upon
A Election Commission ofIndia -
not a
partofcharged expenditure.

Contingency Fund ->

statutory fund
Consolidated Fund ofIndia
public Accounts ofIndia
- constitutional Fond.
 consolidated Fund With
& DeptofEconomic Affairs (EMinistry on behalfof
->
Funds -

Contingency Fund president/executed by F.S)

↳ Public b
Accounts

for less turn around time

(during war etc when

Statutory Fund a no session possible)

I may by law) amount increased to 2:30,000 crore (earlier 2500(5)
↳ done Finance Bill.
trough I

irough secretary of 8
only you can be
spent;more than
Dept of Expenditure. this requires approval ofsecretary

of Dept. ofEconomic Affairs.

A coM responsible to lok

only Sabha.
* Minister Individually responsible to the president ofIndia.

In officio -
by virtue ofthe office.

more
powers ofRajya Sabha:

1) Article 249 -
special power of RS-> authorise parliamentto make laws on state list.
↓ Rajya Sabha should initiate.

by 2/3 ofmembers present and voting.

2) All India services: -> IAs, IPS, I

Forests.

ifcouncil ofstates declares by resold by 43rd of

↳
ocreated members present
② Parliamentmay by law create All India service afterwards. and
Voting.

3) Resoin to remove up initiated only in RS.- Article 67:

4) Article 352,356,360 can continue by approval ofas if is not in session.

&
parliamentary priveleges: special rights, immunities
->
exemptions enjoyed by 2 House
↳
Article 105 ↓ of parliament, committees and their members.

exempted from civil liability notcriminal liability.

A cannot discuss the conduct ofJudges of SCPHC-> Article 121

A
power right to exclude strangers -->
secret
sitting.

* St and Parliamentboth have power ofcontempt

TejKiran Jainv/s Sanjiva Reddy ->

everything said
by member ofparliament
inside Houseisimmune from action
by court

A committee ofprivileges ->

inquire into breach of Priveleges complaint

* Article 122 --
restriction on
power ofJudiciary to inquire in house proceedings.
 ,40 days no
days,
IS RS
adUSH met *
adjournment T

↳ no arrest only for civil cases,

law ->
liberty
A link blu and
liberty: cannotexistwithoutlaw.

*
Amending constitution power only with parliament. I not
any state Assembly)

conflict resold
-
power a function pissemination ofinfo
->

↳ Grievance addressal.

Building leadership for future.

increase no of I
-Frequent
lack of
disruption
orainances. challenges ->
responsible opposition.
->
↓ criminalisation ofpolitics politicization ofcriminals.
Horse Trading
~

Resort Politics.
Bypassing parliamentary
B

Role of speaker committee.

I Biased for his party)

Eg- Farm law. Article 100.
↑
* If voice vote notpossible or
any member demands for division then division (button
Voting should take place instead of
voice
voting.

Implication of reduced
parliamentary functioning:
Reducing accountability of govt
-

Hasty legislation cause burden oflitigation.

->

Adhoc committee -
for a specific issue

* Attorney General enjoys all privileges exceptvoting.

~Governes
State legislature: LA
->

-
is only states)

SLA?

* SCST reservation not applicable to legislative council.

directly voted.
-

Man: 500 Min=60

Exceptions - Arunachal pr., Sikkim, Goa 1303, Mizoram (40)

 ->Resort ofassembly
State legislative council: with special majority.
Article 169 - to create SLC.
↳
nominated law of parliamentwith simple majority
-
·
member
↳
indirectly elected. IPRSTV)

A not
mandatory for parliamentto acceptthis.

composition -
Article II
↳ Manimum-"s ofAssembly members
↳ members
Minimum -
40

Indirect election--"3 local authorities

11 is assembly
12 Graduates
members

"In teachers

516-elected
"-nominated by Governer. (literature, science. Art, Cooperative movement, social
service.

& In ordinary Bill Rajya Sabha has more powersthan legislative council.

Bill
LA > LC

E
total time of 197 No action for 3 months then Bill is
again sent to, ifno
t
action again for mouth, then considered passi
waiting 4 months.
* No b
joint sitting.
As haspower ofdeadlock
 why legislative council to fulfill
political ambitions ofpeople.
-

↳ to
give more representation to people.

A Only vote
MLA for presidentelection. Not MIC.

A does nothave follows

when the state
legislature a rule on a particular matter, it
the lok Sabha on thatmatter.

chairman ofpublic Accounts Committee leader of largestopposition party. (PRSTV)

->

present -I
Chairman-Adhiranjan appointed by speaker based
Chaudhary on indirect election.

report report
CAG- president ->
parliament

CAG report report propriation

on account (expenditure
reports]PAC reviews them.

↳
psu report
-

by committee on psu.

* can CAG be biased?

can be biased sometimes & the reportis not
subjected Judicial
Review]
-> to

cannot be
challenged in court.
solution - better appointmentprocedure ofCA4.

A
largest committee Estimate committee
->

(Affe DRSC-> 31) ↳

- Chairman
usually of ruling party.
-> bc it estimates
Minister cannot be a budget.
member ofthe committee.

committee public
undertaking its reportsubmitted CAR.
by
-
on

-
en
officie
Business
Advisory Committee - IS speaker automatically its chairman (same in RS)
15:
IS

Rules Committee
->
↳
16 RS
=
I ->
members
 3
· 10 is
elected
Joint Committee Office of Profit members
15 Duration for
-
on entire
* 5R5
LOK SAHA.
->15 IS
committee ofsubordinate legislation
↳15RS
b
checks Rules, sub cies, being made
whether
bylaws are
properly or not
↳ Not done
by committee on Rules.
↳
Checks Rules of House.
president
nee

·
Nominal Head of state.
State - whole Indian Territory I state Head ofGovt -> PM

* It is presidentdescrition to accept the claim ofparty that wants to form the

gort
↳
gort appointing authority after it
got
a
majority in is.

President in the
majority to form Gort
its party

oath
I

secrecy office

A No office ofDeputy PM mentioned in constitution.

A presidentappoints
-
PM first. Com appointed by presidenton PM recommendation.
-
-

supreme commander ofArmed Forces

no nominated members.
Article 54 --
Election ofthe president ↑
-
↳
by the electoral college/elected members ofboth houses of parliaments
↳elected members ofCAofState. I not Mic
& JOK. *
includes NCT ofDelhi, Pondicherry

A list is maintained by ECI under Ruleno ofPand Up Election Rules 1974.

*
Age 35 35 -

president

Qualification ·
Qualified to be member ofIs 30 -
RS
· Indian citizen 25 + 15

No office ofprofit Panchayati Raj

·
21->

Nomination Paper ->

50
proposer
+
50 seconders from electors.
↓
presented to Returning officer/Secretary General ofISIRS)
-

appointed by ECI.

+215,000 security deposit.

A FCI conducts election. Sc --

decides on disputes.
value of
·
Quata -> Total, valid votes + 1 MP +MLA

2 ·
Total presidentseat +1

value ofa M1A "/1971

=
census value ofMP of a house:Total value ofvotes of all MLAs
LA seats X1000 Total MPs seats in that House
-> Ist
preference voles are calculated of each candidate, ifQuota
is passed then he becomes the candidate.

least1stpreference
-> voted person is eliminated and his 2nd
preference voles are equally distributed among other candidates.

If Quota is
passed,
not then and round happens.
 president defender of the constitution. I
guardians
-

1. Removal on
&
violation of constitution. (Not defined in constitution

·
No limit of re-election. 1 In USA ->
2 times for 4
years
cannotbe an MPOU MLA.

Defacto
~
Head-pin Dejure -
President
Salaries & allowances by law of Parliament.

-Article 61
Impeachment Removal ofpresident
->

6
*
Highestmajority ever required. byth member support)
1
⑨
Ininated from either house. Ill
·
days prior notice required signed by
*
2/3 oftotal membership ofhouse for passing the resolution.
t
QuasiJudicial
process other house
investigates the charge/presidentcan alternal appeal
/similar to courts) ↓

If passed by 43 oftotal membership of other house. 365 LS+

President stands impeached. 163 + RS

* Elected a nominated ipvotes. do not

MLA vote

A seat become vacantdue to disqualification or invalid election. (Decided by so based on

Election petitions
A presidentcontinues to hold office till the new presidenttakes charge.

* In vacany, death, removal, resignation

-
election within 6 months

12 up- president till election.

New presidentfor full term of5years.
up cannot act as chairman of es
↓

for Rules. Ministry Chairman ofis chairman.

Deputy
-[
new as

GO1 Allocation of Business Rules

Gol Transaction of Business Rules 1961

power ofpresidentof appointments - on the aid and advise of com.

legislative power of President

approval ofPresidentfor Money Bille Finance Bill Type A17(1)

↳ Phor
Ordinance making power. (Article 123 President213- Governers -

↓
- E
Union com- president state com to president

A ordinance cannot amend constitution.

* Issued when both or either House not

in session.
A ordinance on over
only union list&
concurrentlist (by president

state concurrentlist
+ -
Governers

A should be approved by parliament with 6

weeks
 s
Man life of ordinance
months to
an ->

directly mentioned in constitution

Man time plu

2 parliamentsession
both Houses *
-
"Approve 6 weeks after ofparliament
within
reassembly
* Approval by simple Majority in both House. 6 MOUMS

Repromulgation he issuing the ordinance.

-

↳
subject to Judicial Review.

A
money bill can be issued through
ordinance.

A governer also has

pardoning power.
↳ Not discretionary power (done according to Govt

Memission -
duration (5-2 years

Respite
-
Everything all right / Nature of sentence can changel
commute -
Death sentence converted to life sentence

A Governer cannotpardon CourtMartial. (as Head is prez)

military
* Governer can pardon death sentence.
 -same in case ofstate gout and Governer.
A Advice union got pardoning Power
of binding on the presidentin respect to
Pardoning power decision should be non malafide and unprejudiced.

A presidentcannotreturn Bill
a
money
*
a5sent

Rejects (Absolute Bill can be

·
vetol ->
passed again.
~sitting
on it but not
doing anything. (Pocket retol
Presidentwithhold ↳ cannotbe passed again until some action is taken
by prez.
Bill
↳ sent back for reconsideration/suspensive
2. I have

retol
to wait

*
Only ordinary bill can for reconsideration.
be sent back -
I suspensive retol
Mandatory for Prezto give assent (or reject)
↳ butcannotwithhold.
↳ mentioned
not
specifically in consti
/exceptions
for exam-mandatory in 2nd
PU2Z. time to
Post office AmendmentBill give assent

I
~
can reject Money Bill
G.zail Singh 1986
Ege as const directly does not

Auficlelll
~

prevent
E can lead to
--

reto powers: falling of govt.

E
Absolute veto ->
Rejected
reto-No decision,
Pocket no timeline -Passed by simple majority.
- suspensive reto-sent for reconsideration of House, Mandatory to give assent 2 udtime.
↳
cannotsend Money Bill.
I ·Eg- Office of Profit Bill 2006.

qualified
usespeedermajority
veto

ofthe House

A to for presidentin constitutional Amendment Bill

mandatory give assent
↳
by Amendmentdone in 1971.
*
sent back
·
Approve
State Bill sent to the president -
Reject
I ·
Money Bill ofState - be sent
cannot back but

Governer reserves Bill can be rejected.

for president

Ifordinary bill sent - Not mandatory for prezto

sign the bill when passed for
back for reconsideration 2nd time by state
legis

President with ordinary Bill -o

ist Instance I
-
can be sentback
↓

E
In 2nd mandatory for Prez *
If passed again through
to simple
assent give assent
majority.
144CAA, 1978)
 National Emergency
->
Art352 (Applied 3 times till now,
Financial 11 ->
AUt 360 · Not applied till dates
state 11 ->
AUt 356
↳ President's
Rule

Absolute veto
Eg Pepsu Bill 1954 (Patiala & Eastern Punic Union) by Dr. Rajendra Prasad.
R. Venkatraman as Prezrejected salary & Allowances ofMP Bill.
was of Financial Bill category A, prior recommendation ofPrez nottaken of

Governer ->
constitutional head ofstate

If same
governer for 2 states then salary"shared by states based on population &
Budgetofstales

Governes 141 Adm. of Union Territory

① Head ofState *
Agent ofPresident
② Agent ofcentralGovt * Not a head ofUT.
↳ take choosen (MHA)
care ofcentre's interest A
by central
gort
↳ Not
advice Appoint descritionary power
central
gort Governer -> Prez ->

-
Not
a
descritionary power ofGoverner.

qualification:
convention ->
outsides of State
COUSUlt
President - CM

A
Discretionary power of Governer is much wider than president
A Governer Tenure mentioned in the constitution. -
5
years
↳ can be removed/transferred by Prez
anytime. (pleasure of the presidents

3
Governe para
can requestfor,military assistance from presidentwhen required
chief secretary

DM/SDM

A Governer appoints district judges (not HC

judges
Article 1608 The president make such provision as he thinks fit for the discharge
may
of the functions ofthe Governer of a state in
any contingency not
in the
provided chapter.

A (from ppt
other powers ofGoverner in Sikkim, Manarashtra etc is due to security,
language, development, border areas,Insurgency.

* No removal ground for Governer.

Singual
BP Union of India Prez should have
compelling and valid
->
is 2010

reason for removing Governer.

Eminent person from outside the state for governer appointment - Sarkaria
commission

security ofTenure should be added and removal grounds should be added

I
Punchhi commission
*
Time bound assent for the bill -

NCRWL- National Commission for Reviewing the

working of constitution
A No time limit for Governer to summon floor testin the state legislature
↳ cannot be challenged in courtbefore the majority is
proved through floor
test

VICE PRESIDENT

A should be qualified to be elected to Rajya Sabha.

A 35
years ofage.

In election. Only LSPRs participate, no MIA-

In electoral college Mponly) including nominated miss no MLA/MIC.

up not a defender ofconstitution like president

Removal not mentioned in constitution (Removal of chairman mentioned

can be started only in -
RS
effective majority then simple majority in IS.
 PRIME MINISTER
Head ofgout not headofstate
com. (limited descrition
A
mandatory for Prez to act in accordance to the advise of pine
* Appointed by president - Article 75(1)

when has clear presidentcan limited discretion.

party majority use
-
no

* No fixed term. ->

Remains in office while
enjoying majority ofLok Sabha.

A portfolio system started in Indian Council Actof 1861.

E
CabinetMinisters ->
Highestranking - Heads ofMinistry
council of Minister of
is
state

Ministers with an
independent charge (Head of Ministry)
/15% of IS seats) Deputy Minister
↳81 members
Inception -
10% in Delhi

Heads of Ministry - Cabinet Minister

MOSIC

com individual responsibility towards presidentof India.

↳
collective responsible towards Lok Sabha

Cabinet committee committee.

-gort committee not
parliamentary
Article 164-3 Tribal Welfare Minister for mp,
Chattisgarh, Jharkhand, Odisha.

Removed for 94th CAA,

Binar
by 2006.

CAU
A presidentshall accordance to the ofcom (Only
PM. for
act in advise headed by X
tell
I ↓ I reconsidering the advices
Article 74 limited discretion Binding on president

A Deputy CM-> No such portfolio

↳ mentioned in constitution
similar to other cabinetMin.
·

for role bank politics.

Cabinet committees:
->
entra constitutional
PM has
power to constitute
->
or

change
->
to ease the work ofcabinetMinisters.
->
Formed under Gol Transaction of Business Rules 1961.
->
If PM is member ofcommittee then he is its head.

A cabinet committee on
Parliamentary Affairs ->Headed
by Union Defense Minister.

A
Appointmentcommittee ofCabinet Decides deputation and cadre change after
-
marria
↳ Headed
by pin. Only member:Union Minister of Home Affairs. ge.

Centre state Relations

Importance Article
legislative domain law making)
3
--
245 255=

↳
most important
Enecutive domain (Administratives -> Article 256-263
↳
Financial domain-> Article 268-293
↳ Judicial
domain/Heirarchy defined, Independent & Integrated Judiciary

make entrationtorial laws.

A
only parliament can
A Theory ofterritorial nenus-> sufficient nenus (connection) plw object& the causel interest of
# State.
A
law formed in one territory can
applied in other
tutory
if sufficientcause/interest is involved. Eg*wadia vis IT
Bombay
↳ Newspaper circulations
A India is a state nation not a nation state. charusila Dasi vis State ofBinar.
↓
India is a fixed territory with a population and a sovereign central gortwith many
nations
living inside it having differentculture, ethnicity pace.

nation ->
Psychological concept
State -> political concept

A nation state. States diff.

us is a have their
Separate powers.
A Federalism with unitary bids.
subject CL
↳ S
Parliamentlaw on concurrentlist i will
prevail over state law on same
subjectof
Inception
->

If Governer reserves the Bill and Prez passes the state Bill.

A of pith and
Doctrine substance:
↳
If the true nature of law is
for the good then itwill prevail.
I state law centre if intention is
law
good

A laws made
by Parliamenton list
state after agreement by or more states cannotbe

rejected by the states afterward as itis

signed by presidentnot Governer. Modification
be done
can
by the state.
 centre can make law in Article 249,352,356,252, 253- To implement national agreement.
11
RS resolution National President when 2 or more

Rule states makes

emergency request.

E Article Executive
power ofstatestate
has comply with the laws made by parli
to
250 -
every

tom
Article 257->
"
shall notimpede or
prejudice the executive power of
I (State shall not do anything the interestof state State.
against
(2) construction and maintainance of communication medium ofnational and military
constitution
(learn) impis under state.

A centre has to
compensate the state for the entra expense on railways. If centre is not

compensating then an arbitrator will be appointed by 151 to solve the dispute.

Article 25881) Centre can

give its few powers to states with its consent

Article 250A:Mutual
delegation of power blw centred state.

① Centre state (consent of is

executive forcin state necessary

Say
↳ State
/not law making
can
deny.
president

② Parliament ·State (consent ofstate not

necessary
-
only on union list.
enecutive functi
I state cannot deny)
POWes
Governes ·Centre (consent of central
govtrequired)
of state

A parliament Centre to state fanations

can
give any power of / Eg- law of

Inter state council - not a

permanentbody.

India services Appointed

3
All
by centre, work in cadre (statesin

I Forest)

(conflict plus appointing authority state

* Dismissal by President ofIndia (aide advise of Central Gort)

Article 355 protect states internal enternal aggression, ensure constitutional

against or
->

governance.
FinancialPower-ArtCle 262 to 293

escheat -> State takes control of property ifno legal heir exists.

lapse seized if cond" not

fulfilled.
->
property some is

*
Statutory grantis not
given to all states. (Not mandatory
Discretionary grant not
mandatory to be
given.
-

pending.

A Why
↳ bcz
stats

if Gst
is
don'twant to

applied
bring
then states
alcohol
have to
ask
petroleum underst and favour
for GST compensation which is areaad
VAT on mem?
E mandatory for Governer
A to decide within 6 months to for
grantassentor reserve

A presidentshould act bill within 6 months. president.

↳
on

Punchhi commission recommendation

A be declared Union cabinetin the prez.

Emergency to only on the advice of writing by
* For special
approval majority
-

For removal of Emergency -

simple majority.
 National
Emergency:
X
emergency extension
National 6 mourns at a time
-

* Tenure of LS/ State Assembly can be increased

by 1
year
when lok Sabha
*
emergency cease to operate cannotoperate for more than 6 months.
↳
irrespective of the
remaining time
after extension of tenure of LS.
Article 358 about Article 19. Not during normal tenures
Only
-

A
only laws
relating to
emergency are protected from being challenged a not other laws.
* FR exceptArticle 20,21 be 1st 19.
Other can also suspended by prez along with

Article 359 -- does not

automatically suspend any Fr.

order
-> Byguez
358 359.

suspension ofArticle 19 suspension of other FR. except Art

-> ->

Entire
country 20,21
->

Only during enternal emergency. part entire

->
country
->
or

Acts violation Art19

dealing with of Duration specified.
- ->

cannot be challenged in court. Both internal & enternal

emergency.
->

others can be Judicial Reviewed.

->
Applicable during entire
emergency.

President's Rule I"dead letter"by Ambedkarl

* In article 355, only internal distrubance mentioned notarmed rebillion, which is

abstractterm. This gives lotof descrition to Governer as no
specific condimentioned
a
very
Presidentcan impose even withoutGoverner consultation.
↓
Eg offederalism with
unitary Bias.

AUncle 356:
president
may by proclamation:(advise ofUnion cabinet
Executive power- president / Governer exercises on his behalf
legislative power -> parliament

Isuspended
Assembly
State Flow chartfromppt
*

Dissolved.
* No interference with the power ofHC.
A must be approved within 2 months by both houses. 1 I mouth in National
A man duration of3 years. (6 months ata time, Emergency)
A parliamentcan
delegate the law to authority deemed
making power an as
necessary
 j
EC to confirm thatgeneral
-
Ifemergency to be extended for more man
year elections cannot be conducted.
↳
National is in
emergency
operation.

safeguards added
through UU CAA 1978

A law made Prez rule will continue (not co-terminus

during

PresidentRule:

1) Sarkaria-Material Governer reportshould

satisfactory
2) Pouchni-onus is on central
gov to prove
↳
350 should be
sparingly used

3) state has to prior

NCWMC ->
give a
warning.
↳
floor lest
mandatory for proving
majority.

Financial
Emergency:
* No man
penod
A Approval within 2 months.
* No repeated approval
A salary of Judges can be decreased. (only emergency affecting Judiciary
 SUPREME COURT: Part Article 124-147.

Firstcourt ista:
Regulating Act of1773. SC ofCalcutta (Court of Record)
-> -

-
GolAct of 1935 -> Federal court
->
So of India- 26 Jan 1950, ist
sitting - 28 Jan.

originally (51+7
Judges.
Now (51+33 Judges (can be changed by Parliaments
judges appointed by president (on union cabinet recommendations
->

collegium system:/ not mentioned in constitutions

↳
irough 3
Judges case.

Ist
Judges last 1982 ⑰ 2nd Judges case 1993
A
3rdj. 1998.

C51
->
consultation" by prez consultation ->
concurrence ->
plurality ofJudges
as he
may thinks fit. With TI+2 seniormostsc 151+4 senior most Judges
ISP Gupta vis union of India) ↓
Judges.
*
collegium.
Mandatory.
 collegium:1 CJI+4 seniormost
judges SC
Judges
ofIsis
↳
Recommends president- for appointment Judges
↳
Transfer ofHC. Judges

Imp:Presently judges in
collegium (as it is
mandatory for (5) to be partof
next
a

collegiums
Justice Sanjiv Khanna.
recommends
3
X'*#.(awMinistry 4MMA Bureau anion
Intelligence
collegium cabinet

IHC Judges)
collegium,reconsideration is files
throught
·
recommends same president's office
President name (A) again president approved B's file,
Binding on president issues warrant
/Gout don't want to make Aa

S to
say yest and

appointhim
seal and
as sc
SC
Judgel
Gout delays the
appointmentof A
Judge
intentionally to prevent him from
being appointed as so (JI as it
is basis.
on
seniority
(B > A)

A less been appointed atthe same time

was of age then B, if they both would have
then Ahad more chances ofbeing a (51 than B. But due to
delay in appointment
of A, B became senior to A and Bis chance to become a c5I increases.

* Gout cannot
prevent a person from being appointed as so
judge but can prevent
a
person from being, appointed as 51 by delaying its appointment.

A CII is Master ofthe Roster.

↳(51 decides the bench and Judges thatwill sit in different
casts.

collegium
2
Collegium at SC level At HC level -

↓ for s
Judges appointment
->
C51+4 seniormost judges CT of HC + 2 senior most HC
judge
·
↓
file of recommended
⑪
c51+2 seniormost judges State
govt
names.

↳fort
② judges appointment ↓

-central
gov
sends file to
president for appointment
 Heirarchy ofcourts:

Supreme Court (Apen) Revenue court

↓
Court
B
High 1 Tubunal
↓ SDM

District/Metropolitan Courts
↓ d

Session court Civil court

(criminal judgel Civil juagel
↓

senior judge
my
civil

Chief Judicial

Magistrate (CTM 1s(lass) MunsiffMagistrate (Juniors

↓
Judicial Magistrate and class.

qualification:
/Article 124)
S
Judge
->
Judge of HC for 5
years
↳Advocate of HC for 10 years
↳ Jurist President (No appointmenttill Bates
Distinguished ->

1 AUTCIC 217) ->

in pository ofIndia. I
judge: Italsooffice tolear
He

* No mention ofdistinguished Jurist

* In dispute, prez decision is final on consultation with (51

as it is done
by
↑
Parliament.
Removal? on
grounds ofproved misbehaviour or
incapacity. (Quasijudicial process
->

dyquez order after both LSPRs a resort with special majority

passes
3 happensparallely.
Judges inquiry Act of1968 to initiate 100 members
->
in IS
at same
↳50 members inRs.
A time

speaker or chairman forms Committee (Investigating

committees
3 members ↓

↓ not mentioned

Judge (TofHC distinguished in constitution

Jubist -
menhoned in

↓
report Article 3(2) of
both houses for voting JIA 1968.

I have to special majority individually

* No
judge has been removed
passes
by
till now.
(binding) President
sign (Judges removed)
Appointment ofjudges in other countries: (Comparison on clause of good
behaviour

-mypresidentthe
wordfansenandelementagentdependyouenter
1) Us

appointmentCommission (15members
eupputs
2) UK-> Judicial 3
Judges of sc, 121
-

3)France -- Prez
appoints on recommendation of Higher council of Judiciary.
4) South Africa -> 23 member Judicial service commission.
through open
5) latin America countries -> Prez nominates from file from senate. competition
 NJAC -> 6 members ·
(51
· 2 senior most so
judge
· Union law Minister
from nominated
2 eminent civil
society by CII, pm, leader of
* ->
person
~ I from scIstoBd women opposition.

*
Acting CII will be a so
judge appointed by president-
[not lawyer or advocate

only judge) a
* Adhoc
judges
-
Temporary so
judge. When
pendency ofcases-20%/ quoram , elligible
HC judge alleviated to so for temp period.
after permission from
·
Prez & consultation HCC5 concerned.
appointed by 251
by
later permanentby recommendation ofcollegium.
·
can be made

eligibility judge or retired he judge that served for 15years.

·
- retired
"Not deemed to be a
judge. (Not to be included in order of precedence/heirarchy)
appointment for man 2-3
years

Retired judge. previously was a so

judge.
->

sidecided editesidearedetermine
*

*
Numberofjudges in the numberinte
judges
11

In supreme Court: In Court:

High
-> Ad Hoc
judge (Art 127) Aut 224- Additional & acting judges.
↳
Retired judge (Art 128) d
for
years man 2
request
a

C5, president appointmentby president

HC (J requires
additional(if vacancy - 20% or
3
·
COUSUlt
judge pendency- 10%)
age of
a
man
2 can (51/(JHC
consult
62
years. In absence of judge-acting judge appointed.
b till permanentjudge resumes

Dist
A
eligible. the
judges are
duty

SC Retired judge (Art 128): HC retired judge

->
C51 request president Art 224A:
↳
Elligibility: C5 president
of MC
request
Retired so judge butnotdeemed Eligibility:
->

retired judge ofHC

->
thatcourt
to be a
judge of only or

08 Other HC

Retired He
judge thatserved 5
years.
A No dist
judge.
* If additional judge of MC is
appointed atpermanentlevel in is then me Governer of
state is consulted.
to summarize:

E
Ad HOC Additional-

E
Eutra workload
SC
petired judges HC Acting Absence ofpermanentHe Judge
->

d
No tenure limit
usually 2-3
years. benretired limit of2 years.

A He certificate to appeal insc is not mandatory in case oflife sentence or death

penalty.

* If HC reversed an order from conviction to acquittal (Releases, it cannotbe appealed in

Sc

A parliamentcan increase the

power ofsc

A Article Appeal by special Permission to order ofany court.

136 ->
appeal against any
->

↳
leave petition butit is a
descritionary power of
sc

I can acceptor rejects

Applies to armed forces (ifagreed by Armed Forces Tribunall

A SLP can be filed in us as well as sc

* Armed Forces Tribunal cases can be taken to HC under Art 226. ifFR ofarmed
personnal is
being violated.

Article Curative petition Review of judgements orders

by sc.
-
137: or

"actus curiac neminem gravabit"

->
an act of shall
court prejudice no one.

Platins
judgemento judgement
SL case Review a
review
11st appeals 12nd appeal
by Art 137) *
petition (Review of Review)
curative
Rupa Hurra UIs Ashok Hurra 2002 case.
 Article 136 ->
special leave petition (allows any judgement/order to be appealed
↳ is not
In matters where normal appeal possible

Art 137- curative petition (Review of Reviews discretionary

-

↳, Rupa v/s Ashok Khurra 2002

Ad Hoc
judge
-
s Art127.
Additional judge -> HC Art 224

petired judge to HCPSC AUt 120 & 224A

Acting judge HC Art 224

->

Art 129- SC is a court of Record.

sudia decided
approval,resident
150 in
S can sit
anywhere by 151 with
-
as

A curative petition' notmentioned in constitution.

A Writ Jurisdiction ofHC is wider than ofsc

3s in
->
Article 1397 --
Transfer ofcases. (S) has soo-moto
orby an application made
by
General) Attorney
Article 141 - law declared by SC to be binding on all
integrated
courts - assures

Judiciary.
Article 142 SC exercise executive legislature. (Intraordinary powers
-
can as or
↳
used rarely
For contempt ofcourt -
Article 1290142.

* In parliamentis But in India parliamentis

up
sovereign and supreme. sovereign
and constitution is supreme.

Article 1438 Power ofPresidentto consult Sc.

(Advisory Jurisdiction)

pre constitutional Mandatory for sc

·>
matter ->

Matter of urgentpublic Importance Not

mandatory give opinion
↳ -
to

for sc

Article 1458 Rules of Court -

subject to Artl2., can be reviewed.

A Min5Judges bench required for hearing in constitutional matters.-> Article 14513).

↳o added
by 42CAA, 1976.

SC
151-0 freedom to appoint officerse
staff.
president
may suggestto consultvpsc before appointing officers
Parliament has power to make laws on
salary, allowances, service condu etc.
↳ Prez approval
requires
 District Courts doesn't have contempt ofcourtpower. He performs iton their
↳ not constitution.
defined in behalf.
defined in
parliamentary law.

E
Civil contempt willful
->
disobedience.

↓ prejudice, interfere,
criminal act thatscandalize, court
obstruct
authority
"To

LI Kunal Kamua Prashant Bhushan case.

Eg
=

not mentioned ↳ SC took swo-moto.

in constitution.

* I contempt of courtcase can be taken up by so moto or filed by a person after a

permission from Attorney

↑

criminal. written General.

A civil contempt usually by suo moto
only.

DIL:
PIL
MumbaiKamgau Sabha UIs Abdul that (1976),seeds were sown by Justice
Krishna lyes.
first reported PIL case -
Hussainara khatoon vIssof Binar (1979)
to to cond" in
case related hok undertrial prisoner
jail.
Justice PN
Bhaguati vIs sp Gupta ->writ
petition can be filed by anyone doing
Social work under Art 328226.

A Amicus curiae ->

friend ofthe court

Judicial Judicial Judicial Judicial

Review Activism over reach Restraint

3
① Checks
validity of law is proactive role of Encroachmentof
-> D
-
self control
or
gout order. Judiciary. Executive or
legislative Eg- same sea
marriage
powers. scope.
② not
directly mentioned Desirable (to protect Eg- suggesting lockdown
in constitution. FR, during lovid. In
UP.
Art 13, 32,226, 3) involves
142 etc.
generally Encessive contempt
->

suo moto cases. of court.

③ Desirable/required Eg+ DB case.

Eg-NTAC, Aadhar loverly excessive Judicial

issue, Farmlaws. activisms

verythis in
the
 procedure esta
by law Reasonableness + Justification:Due process oflaw.
+

↓
whether the law is valid or not.

Judicial tyranny
->
extreme form of judicial overreach.

Coparcenary girl's right to inherit father's

->
property.
rights

Article
High courts. 216.

1862 -> Culculta, Bombay, Madras. HC.

1966 -
Allanbad HC.

A No mention oforiginal no.

of judges of is in constitution.
17t mentioned for sc

* HC
judges appointment by 3 member
collegium ofsc. (file transfered from HC
collegium)
A
strength ofHC depends on population ofstates.

* No distinguished Jurist
eligibility for HC.

A
salary allowances from CF ofconcerned states. Pension from CFI.

As you transfer ofjudges, (5) to consult 4 senior most

judges +
(TOfHC(A)&C]
Of HC(B)
A Transfer cannot be a form ofpunishment. But it is sometimes
Eg. CT
Vijaya Tahila -

mani from Madras to

Meghalaya
·

tec

"When 25 of HC is transferred, Governer & cM should also be

downgrading.
consulted by (51.

A Admirality - court related to sea matters.

A Division bench - 2
judges.
A session judge has the power to impose
death
penalty.
-
subject to confirmation
by H2. I approval by t
is
mandatory before
executions

A whit can be issued for a

person living outside the
territory of HC.

* Intension ofjurisdiction ofUC tout parliament.

by
-
 SUBORDINATE
COURTS

Appointmentofdistrictjudge by Governer in consultation with is concerned.

↳
↳ should notbe in the service ofUnion or state.
HC.
min
years as advocate or
pleader. I recommended
by

so
collegium involvement:

-Transferof HC judge to differentHC.

151+4
judges -> sI judge appointment
151+2
judges ↳-> HC judge
appointment
Transfer of HC judge to se

biggest challenge in All India Judicial service:->

diversity.) language problem

senior Advocate -
only for hearing. Do not file paper.
Advocates on Record Do paper work
->

Advocate ->
help AOR.
 Tribunals: / not in
body. (set up by
originally mentioned constitutions statutory law)
->

↳ to avoid
wasting MCPSC time.

* Appeal after family judgementnotpossible 1

court It is binding)
- Electricity
services related matter -
wales
Tribunals with ↳ Art. 323B

&
-

deal ->
service ->
IAS, IPS etc. road
↓
↓ ↳
State PCs. aviation
parliament &
Quasi-Judicial Environment
Body. -
State
legislature
Ideals with specific matter) -

can form.
Art 323 A

·only be formed by parliament.

Enamp promotion related matters ->
UPSC

Appointment ->
DOPT &MHA.

(AT
->
You service related its why it was formed much
matters is
1948.
SAT 42nd
mentioned in CAA:
S
A provision of Tribunal added through 42" CAA1976.) Parliamentmay by law)
Parliament passed a law to est. Tribunal in Administrative Tribunal Act of 1985.

A & parliament.
SAT CAT can
only be estd.
by

supreme court
->
↓ These are constitutional courts. I can hear
any constitution

High lOUUt ·
al matters)
I
Tribunals ->
quasi judicial courts/cannotnear constitutional matters)
↳ has limited powers
a

* Appeal from tribunal

goes to HC thento sc(mandatory This is
why its lower
↳
Kumar Man HC.
s
judgementin L. Chandra case.

A Regional benches ofTribunals promote easy accessibility unlike sc.

A Fasttrack courts can be by

estd. central or state
gort) formed for a particular law)
↳A
Funding always by central
gort.

A
composition of CAT chairman members (34 Judicial, 35 Adm)
->
+

A Tribunals has been conferred with the

power ofcontempt like HC-

A CAT
appointment recommendation selection committee chaired
by by se
Judge
-

approved by AppointmentCommittee ofcabinet.

↳ PM
appointed by President. + HM

A for SAT
appointment, Governer would also be consulted
 * No time limit for CAT to
give judgement.

Tribunal
323A 323B Tribunal
recruitment

only
I service matters Transfer ① any other matter related to services
↳
Promotion Foren etc.
like water, electricity,
of central a state
got employees.

② formed by parliamentonly. ② formed by both Parliament & state

legislature.

③ Appointment ③ Appointment by Prezi Governer

bypresident
↳

SAT ④ be
CAT
Hierarchy may created.

I consultGoverners

A doesn't superintendence & control over tribunals.

Onlyappealing
have
high court

Alternative Dispute Resolution:

Mediation ->
Mediator appointed. Blu I parties, Non
binding -
outcome
oriented.
Arbitration --
arbitrator (legal experts appointed, Binding

Negotiations- not
very formal, not outcome oriented.

conciliation --to
improve relation blue parties. Notoutcome oriented.

A No appeal the verdict ofLok Adalat

against

A Non
compoundable cases --
serious crimes.

A lok Adalat functions under legal service Act 1987.

A Both
pre-litigation &
pending cases can be dealt by 10K Adalat

*
 government: Panchayati Raj(T3(AA) --to solidify the structured
bring
-
local self
↳
urban local
body. (TCAA) uniformity in implementation.

main
purpose
-
ensure 3rd tier ofgovernment decentralization
+

ofpower.

public
decentralization through Bylaw has problem oflimited participation.

Gout
over
↳

but local self goutprovides democratic decentralization ofpower mostappropriate

methods
A
43rd alloted rotation.
seats reserved for women. Seats by
I
A ensures
grassrootdemocracy, social justice, inclusive development.

* In vedic period, Sabha, Samitif vidhata existed in place of PRI.

Lord Mayo Resolution. 1870 aam

efficiency
->

Lord Ripon Resolution 1882 --

Magna carta of15G.
↳ Father in India.
of154

Balwant Rai Mehta-- (Indians Father of184

Montagu Chelmford Reforms (1919) -> made local

gout a 'transferred subject'

A 24 April ->
National PanchayatiRajDay.

village
At level to
Gram Sabha / All
registered voters ofthe villages

GP2 companies intensestate

GP3
on a
commen, Grampraanans

*
directly or
indirectly elected
Blok/TaiY1 Block Talks
(elections)
297 * * *

of
30 members Block Panchayat/Panchayatsamiti- always directly elected
↳Chairman (Block Pramukh)
Indirectly elected. I mentioned
-> in coll
d
(30)

by block panchayat members, Sarpanch of

Block 1BLOCK2 BLOCK 3 Gram Panchayats.
↓ -
↳
District
leveina* Parishad
members -
directly elected.
A
chairman --
indirectly elected. (Article 243 (b))
 Article 243(D) -
defines Gram Sabha.

Article 243 A Gram Sabha will enercise such powers & perform such functions
->

batilage may by law provide

the
*A
level as
legislature ofstate

A Every state has separate Panchayati RajAct. ( that defines the

power a functions ofPRI)

A powers ofGram Sabha are decided

by state legislature.

* You states with popi <201akhs, no intermediate panchayat. (Block Panchayats

A A
MP of 1s/MLA) can
get representation at Block level or District level but not at
b village level.

decided
by state
legislature

* st can
by law determine Representation ofMLA, MLC, MP ofISOURS atdistrict or

block Panchayat. Itcan also determine who can vote in

meetings.

* New
Panchayatafter dissolution will only be for remainder term.

* District
Panchayal can be dissolved
by Govt.

A
village or Block
Panchayat can be dissolved
by dist.
Panchayat
A
43rd alloted rotation.
seats reserved for women. Seats by
↳ &
at member
chairperson level also.

A
Disqualification by RPA Act or
any law made by legislature
state
↳ toilet
Eg -
mandatory for contesting elections
↳ loth pass mandatory for contesting elections.
A Min
age for election 21
-
years.

* Article 2434 Defines power a

functions ofPanchayatwhich are
given by State
-

legislature.
A

most problematic.
 Issues with PRI& ULB in India:

Functions
->
3F 1
Funds
↳ Functionaries (less working staff)

A Application of Panchayati RajProvisions (PartIX) decided

by president

PRI NotApplicable to
Meghalaya, Assam / some districts)
Mizoram,
Nagaland.
↓ ↳ has will council.
6th schedule area

Autonomous
with Dist. Council.

A popi" c20 lakh intermediate Panchayat. (Block Panchayat

-
No

main problem.

A courts electoral ofPanchayat.

interfere
cannot in matters
↳ can
only be
questioned by election petition as
post.
I
which court can hear
petition is decided
by St.
A state finance commission can take up any other matter referred by Governer.

A SFC
composition, selection & qualification decided by state
legislature
nameofwork
* Esther buflo +
Abhijeet Banerjee Worked PRI in Rajasthane Mp.(Randomized control
->
on

Trials)
A Devolution Index Ministry ofPanchayati Rajt Tiss.
-
by
↳
measure ofdevolution of power by the state to its Panchayati Raj.

* kudumbashree ->
self help group (women led) well involved in local
to

very governance.

committees:

Ballant Rai Mehta Committee (1957)

↓ ↳Indian Father of159.
gave flexibility uniformity,
which caused in PRI
·
non
system.
suggested 3 tier system.
 Ashok Menta Committee: /1978)
->
Zilla Parishad (from flow chart
by sir)
->
a few
system.
Minister ofPanchayati Raj. ->
Mandal Panchayat
->

->
constitutional status to PRI.

GVK Rao Committee: (1985)

->
PRI has become 'Grass withoutRoots'
post ofDistrict DevelopmentCommissioner. (to ofZila Parishad.
-> -

In Singhui committee: (1986)

->
Judicial Tribunal should be esto.
est.
Nyaya Panchayat
->

Gram Sabha is the direct embodimentof direct

democracy.
->

Recall in mpe
- Right to is there in up
chattisgarh.
* All Gram Sabha members can ask questions from Gram Panchayat-1
Eg of direct democracy.

Committee:(1908)
Thungon
recommended
to
state Finance commission in each state.

Urban local Bodies:

partIX ->
panchayats/ added 11th schedulel
Part IA-* UnB ladded 12th
schedules

A Direct Election for Urban local bodies. Municipal areas divided into wards.

A state legislature decides the manner ofelection ofChairperson.

A
mandatory's reservation for scISTI women.

* Not
mandatory reservation at
chairperson level. (Decided by SL
In PRI"3 seats were reserved at
chairperson level also.

DISTRICT PLANNING COMMITTEE?

Panchayate Municipalitiesthe
↳15thmembers,dy
Zila
 ↳3 from adm. 43rd elected members
~
District *
Metropolitan planning committee.
I for bigger areas)
District
planning committee
⑪
[ ⑰
-> Plan
plan Parishad.
municipalities Imerges both plans then Dist Zila

I ↑plan sends it to state gouts plan t

45 elected members Panchayat
Nagar Panchayat Samiti(Block)
-

15-adme executive
Plan ↑ I
decided by govt. Gram Panchayat (villages
 A
Area
Notified Committee:-o neither elected now
statutory. (entirely nominated
↳
made for to
fast developing town due to industrialization.
b
town thatdoes fulfill
not cond" of municipality formation.

Town Area committee:-> set

by separate act.
up
↓Lo semimunicipal
authority
be
partially elected nominated.A
wholly or
can or

Eg-Navaini, Banda, up.

Cantonment Board ->

for municiple adm for civilian popi in cantonment
areas.

b ↳ elected & nominated.

partly partly
↓ ↓
for providing civic

amneties. for civilians.

military offices commanding as en-officio
13 year terms president

special purpose Agency -a

purpose based, notarea based.
2 formed
↓ by act of legislature or executive resolution.
autonomous body. (not subordinates
Delhi Jal Board.
Eg -

Township esta
by large public enterprise for workers & staff.
to

Lo
everyone appointed by the enterprise itself.

a
Post Trust -- by an Actofparliament (elected
created nominated members both
↳
a manage postse civic amneties.
under
Ministry ofport shipping & Waterways.

Schedule
a)
and
Tribalareas:
schedule
5th Sin schedule
of ↳ (NE)
to ensure development of for Tribals with differentculturest diversity-
tribal areas. Assam
-
in Mizoram
only.
->
⑪
↳
can be

of any
declared in
state exceptAMTM.
any part ↳ Tripura
Meghalaya
↓ "Mizo.
megh. *

to provide some
autonomy with
in

Article 244(1)->5t schedule applicable anywhere constitution law.

exceptAMTM.
Article 24412) on schedule applicable in AMTM
- tribal areas.

Article zunt(added through 22CAA 1969)

↓ La
for autonomous state within Assam. (Notimplemented till dates
supportseparatisttendencies.
 · it schedule
-

areas.
Gorkhaland & Sadar Hills have autonomous
-
through state
·
->

dist. Councils given by the Acts passed by state

- legislature.
legislature. They are not under 6th schedule. Assam.

⑧
a
o ↓

Meghalaya
0
·8 -
-

·E
ladakh has
separate Autonomous
Dist. Council called ladakh Autonomous
Hill District Councilformed by JOKSLAct.
since it is formed by state legislature
itis
dependenton state and has no
constitutional protection. This is why they
are demanding 6th schedule status.

A presidentcan declare, modify or cancel 5M schedule areas in consultation with Governer.

A criteriafor declaration an area a scheduled areas is not mentioned in constitution.
A Governes has extensive power over control and administration ofa scheduled area.
↳
discretionary powers.

Tribes Council binding

*
Advisory advice not
->

a) LA
normally formed in 5th scheduled areas. It can be formed by
the presidentin
20 members any state
having scheduled tribes even ifit is nota

al schedule area

StMLAof ott from administration.

that Tribal
community. Or

can be nominated
by Governer.

A Governer in 5M schedule areas can decide whether law can be implemented or

any
applied with any modification.
A Governer can decide land sale
Regulation or prohibitallotmentofland in that area

↳can
⑭y
restrict or
regulate money lenders business.

by constitution is silent
Discretionary power on this
 3
Schedules In state -
District
any
->

scheduled I ↑Y BLOCK Tribes

Advisory Council. 120 members **STMLA)
AMIAutonomous Villages
in
only
Dist. Territorial council

can be declared presidenton ofUnion cabinet.

by advice
↳
modify or cancel area on advice ofGoverner.
can

A
Moneylender business can be stopped by Governer.
*
Governes can change the composition ofTribe Advisory Council.
* Governer can make rules for peace progress ofa area. (on advise of TSA)

Schedule III In manipur - Inner line permit

* I schedule area can be declared by the Governer. (for AMTM +

mizoram)
Meghalaya

* Territorial Council includes one or more.

districts

->
26 (Direct elections)
In autonomous dist. Council ->
30 members
↳
5) 4 [Nominated by Governer]
Exception Bodoland
-

Territorial Council (46 members

↳
I reserved for ST) 30 ⑥
I
I open for all) 5 I 40 6

(Non tribal) 5a
elections) I nominated)
↓
a women o

* have
voting rights
Importance ofbeing schedule 6 area:
->
can make laws on some subjects like state Assembly.
↳ mentioned in 6th schedule.

Implementation of law
by state Enecutive [DC, SDMetc]
->

laws to be by Governer.
A
have given assent

They have to decide which law of state parliamentwill be applicable

->
or or not.

State
->
have judicial powers.
-
own courts (can be
appealed or notto HC will be decided
by
Governers

9. will
changes in or schedule, be considered as an amendmentunder Art368?
E

Ans:No
Assam Meghalaya, Tripura, Mizoram

parliamentary
->
Applicability of law to
Governes president
law decided
by
/ABL/ATC) state law ->
Governes Governes
 PESA Act 19968
most importantaspect Gram Sabha.
->
Empowers
A The administration to seek permission from Gram Sabha for land acquisition
A Gram Sabha has rights over minor forestproduce.
A
Mining license approvalby Gram Sabha
A Minor Minerals mining

It Schedule ADC >

Gram
PESA > Normal Gram Sabha
sabna
⑮
min
man.
powers &
autonomy

* Gram Nyalaya has both jurisdiction.

civil and criminal
A pist and session court can transfer cases to Gram Nyalaya.
A plea
Bargaining introduced in 2006 amendmentin Gram Hyalaya.
↳ Not applicable in death sentenced life sentence (sentence > Tyrs.
* Appointment ofconciliators (panel ofsocial workers to be appointed by Dist. Courtafter
consultation with DM.

Summary:
Gram Nyalaya Act 2008: I also a mobile courts
↳
↳ at Intermediate
Adhikari
level
(If
Judicial
not then for
group ofpanchayats in Dist

Myaya Magistrate 1st class.

-

Both
·
civil criminal cases.

Gram Nyalaya.
*
Dist& session courtcan transfer cases to
to
conciliators appointed.
 Union Territories:

.
AgentofPresident (2G1 Admi
*I
Agent of ↑Not a Head of States

GOVE- * presidentis the constitutional Head

Ihead ofState) OfUT.

AUt 239, 2391 -

only for Puducherry & J8K.

(Initially was for all uts, exceptDelhi)
 1G/Administrator ->
Agentofthe president

A Article 2391
only applicable to Puducherry & JOK.
-

->
parliament
may by law create a

E
cal body (elected or partially nominated partly elected to function as
legislature
will not for Union Territory.
be consider- Is a council of Minister.
ed as an

amendmentunder Article 368.

* Article 239AA -
special provision wrt Delhi. 169 CAA, 1991)
D
-
Delhi initially started as state. 1st (m-chaudhary Brahma Prakash
1956 -- converted to UT.
->
BC2 ofhuge increasing popi, local representation was needed, so 69th CAA, 1991
was brought. Delhi
changed to NCT ofDelhi. Adm appointed under Art 239 shall

be called Lieutenant Governer.

->
LA of Delhicannotmake laws on police, land, law order, courts.

* As, IPS, DANIPS, DANICS under supervision ofMHA, not belhigort.

concurrentlist
A parliament can make laws ou -
state list Since Delhiis a UT.
↳ Union list

A presidentcan make
regulations for peace,
good governmentfor AON Islands, progress,
a

lakshadweep, Dadara Nagar Haveli, Daman & Dir, Ladakh. Not chandigarh, delhi. Why?
Ans. because ofsignificantTribal popin +
- very distantfrom president, chandigarhe Delhi
are in
vicinity so easier to govern them. No legislature
1

* Total com - 10% of total members in LA.

In Delhi 24 has wide descrition over police, law order, land, courts etc.
5) Judgement
->
LG is notthe Bossof Delhi. He should acton aid and advice ofcom.
In matter ofdispute, refer the matter to president. Governer cannot

sit on the file.

A cM ofDelhi appointed by president. Oath ofIm conducted

by lyon behalf ofpresident.

↳4 power
13 Delhi -
land, Police, law order, courts

2) JOK -
Police, law & order, Anti corruption, All India services.

31 190akh-a full control

4) Puducherry - No such inclusive powers

Deike > JOK - laoakh> Puducherry

D
man power min power

Of LG of2G
 Why Delhi (4> powers than of JOK?
Ans:24 ofDelhidesires power from COI (NCT of Delhi Rules, GOITransaction ofBusiness
Rules, GovtofNCT of Delhi Amendment, 2021
↓
powers to Delhi24
gave overriding
in dispute blu &
case
of Delhi
govt
19.
Article 239AB8
president
may by order suspend any or all provision ofany law under Art 239AA.

b *A
the & the com.
can
keep Assembly suspend or vice versa.

Article 239B:
Lis
Only for Pondicherry & JPK, of
NCT Delhi.

of administrator to issue of legislature.

power ordinance
during recess
 ELECTION COMMISSION OFINDIA:

La
multimember Body.

A
for Panchayat & Urban local Bodies State Election Commission.
-

A number ofEC members can be changed by presidentby notif, not

by legislation.
low the advice ofUnion cabinets

Function site indence

↳ Control

main aim-free fair elections. (uphold the

democracy

A Removal ofCEC ->

similar to S
Judge. (Article 324151)

* Other Regional be the recommendation ofEC.

or EC cannot removed exceptby
to the president

A parliamentcan being laws to

change the composition ofEC ofIndia

1st & longest Ec-> Sukumar sen

160ct 1989 -> 2 additional EC appointed by President.

4
Jan 1990 ->
removed.

I Jan 1990 -
Election Commission Amendment Act 1989 implemented I
Ecommission as multimember body
with (E) as chairman.
* Decision Basis in EC
on a
majority

6 or 65
years age.
-> years
Fenure mentioned in Election Commission (Conah of service of Election Commissioner &
↳8
I not mentioned in constitution. Transaction of Business) Act 1991.
originally decided by president, later changed to

* ECI can
request president/Governer for appointing regional commissioners.

* ECI has quasi judicial function.

↳ Election ISChas Judicial Review this
La symbol on

Disqualification Nomination
->

ofcandidate.
 other funct ->
registration ofpolitical party.
is
↓ recognition ofstate National
party. (Eg- AAP
is a national party)
Moral lode ofConductenforcement

A
security of tenure only for CEC. Not other EC.

* EC cannot
deregistic political parties.

*
Recent so
Judgement
-> There shall be a committee for appointmentofCECPEC
11 4
PM LOP((S) (5IIS(judge

* EC budgetnot a
charged expenditure under CFI. Votable parliament.
by

STATE ELECTION COMMISSION:Article 243(K)&2432(A)

b
single member
Body "Election for Panchayat Urban local Bodies.

* Removal like HC
Judge.

A couch for ofoffice of be his

service SEC shall not carried to his
disadvantage after
appointment. Egn Andhra Pradesh SEC case.

* SEC nuse varies with states.

UPSC8
main function -> conductfair exams.
(Group At
Group 5)
↳i PSC for
JPS/2+ states
also act as states or

chairmant member -
presidentappoints at Union.
A 12 should
members have held a
gortoffice of10 years. nota constitutional
In state
appoints of state PSC. Body.
->
governer

65 -> UPSL UpSc Jurisdiction be

years & can

62 -
SPSL extended Act of
years by an
↑

Parliament
* No
reappointmentafter UPSC
SPS****XXXXXXX UPSC
member can go to

for removal
A Misbehaviour basis for Removal will be referred to ss. 5) advice,binding on president
A spec member
appointed, suspension ->
Governer.
Removal is
-
president. **

recruitment
-
Function: - promotion
↳
Transfer
Appointment(of DGP Chiefsecretary
ID
&

A salaries, allowance, pension from CFI

 Finance Commission:(Article 280) Advisory Body, not
binding.
->

devolution
I alancing
states.
of revenue the
to

wheel offiscal federalism. In India.

composition mentioned in c01. (It4)

A chairman FC- KC
of1st Neogy
A should be formed within 2
years from commencementofconstitution. After that
every 5

as presidentconsiders
years necessary.

A parliament determines the

qualification by law.

A qualification for Chairman - Experience in Public Affairs

Removal qualification
->

Judge qualified for HC Judge

or mentioned in

for
*
members ->
specialised knowledge ofFinance & Accounts Parliamentary laws.
↳wide Financial m.O adm. Finance Commission
3
experience in
*
Special knowledge ofEconomics Imiscellaneous provisions
Act 1951.

A chairman FC
of15th
-
*
N.K Singh
vertical devolution ->
centre to states ->
41%

horizontal devolution ->

states
among

·Income distance /GDP comparison bow states;

=
Population (2011)
criteria for allocating Funds *
Demographic performance
Forest&
ecology
*

*
Asea
·Tan
effort

& enforce attendance

-Summon
AFC judicial of
is a quasi Body. I has power ofcivil court
↳
witness.

IRequire production ofany doc

Requestany public record from any
court or office.

A
TTORNEY GENERAL INDIAS
OF

...I Highestlaw officer in country.

hold office during pleasure of president. (Appointment+ Removal)
Provide legal advice to Gol on matters referred by President
Constitutional office.
Can practise/permission from
↑
do put central criminal cases) not civil
gortin a
+

servant-
 India
Solicitor General office. I law officers of Act, a
- statutory

solicitor
=represents central
gortin State Hc.+ Helps General.

Role of 141
->
permission for proceeding in contempt ofcases.

NATIONAL COMMISSION FOR SC

A composition ->
chairman +vc+ 3 members.
a
* Appointmentby president
A quasi judicial Body. I has power ofcivil court can summon, ask for evidence.
->

Ionly recommend, action by suitable govtbody

recommendation.
* Non
binding
A Additionalwork be
by president.
can
given

FOU NCST8
similar too
->
Appointmentanemption
enairman-union cabinet Minister
->
V -> minister of state

3 other members ->

Secretory ofGort of India. of charge.
* At leastI women member.

Chairman removal ->

by presidenton misbehaviour, infirmity, paid employment
↳
after inquiry.
so

vice chairman removal ->

by Presidenton insolvency, imprisonment, unsound mind
refusal to act, absence.

Functions Measure to ownership rights ofminor forestproduce ofits

confer
->

↳ Ensure
implementation of PESAact, 1996.

National Commission for BC:

Statutory Body Act1993 after Indira case.

Earlier -> NCBC
Sawhney
constitutional status - 102 (AA, 2018, added Art3381 making it a constitutional

Body.
 National Human Rights Commission:
↳

formed
to protecthuman Rights.
on the basis ofParis principles.
↑

- Chairperson (enc51 Judge)

or en se

composition 11 at least
↑

3 members woment
->

↳
Rest all enofficio members & invites

6 Enofficio "I special invitee.

↓ ↳ NC for protection ofchild Rights (Chairperson)
chairpersons ofNCST,
NCSC, NC for minorities
NCW, NCBC, chief
Commissioner for persons with
disabilities.

Tenure ofNHRC members:3 years/70 age.

In SHRC -
chairperson entic
-

Judge or en CTOfHC.
Tenure 3 years / to
age.
->

Reappointment can be done. (No limit

->
He
Judge (serving / retirel
composition ->
I
chairperson + 2 members -
District judge (serving / retire)

A
*
asisatoothless tigers -only recommendaction is cannottake active in

* NMRC members not eligible for any further employmentunder G01.

* Recommendation not
binding.

A In SHRC, appointmentby Governer butremoval by president

central Information Commission:

·
Appointmentcommittee -> Prime Minister
↳
I leader of Opposition of 15
Union cabinetMinister nominated by pin

equivalent totreationcommissionate
* No MP/MLA
can be appointed. cic
I

composition ->
chairperson +
I 5members.

Tenure ->
3
years/65years. Central

salary, allowance determined by,fort -> Dilution ofindependence.

* CI) can take soo moto actions.

central
A allowance decided Against Federalism.
salary, ofsic by,government.
->
 Central Commission?
vigilance
14HaveSpine related
body for eruption matters.
these
precedence over 1 in matters.

Vineet Narain Case: (Hawala case) 1947:-5) Gort to

directed provide statutory status to
(VC.

IVC Act 2003 Status Alloted

statutory
->

composition-I Chairperson + a
vigilantCommissioners.

Originally recommended
by Santhanam Committee: 1 Executive
Body formed later)

sp. (B1.
A IVC
approval sequired for appointmentof a
person above the rank
of
A No
judge can be appointed in withoutthe
India approval of IVC

Itcan and has civil

* act
suo moto the powers of court

* Its not
recommendation
binding only advisory

* All cases under prevention

of Corruption
Act1988 are dealt
by (vc.

A LVC the president

submitted to
report
em-heads Personnel
Ministry of

↳Bl DOPT comes

under ministry
this

I under Department of personnel &

Training.
bidy attached office of DOPT.
Executive (BI comes
Dept.
under this

(BI
indirectly
=>
works under PM.

-Headed by on

committee for appointmentof (BI director: leader of opposition, leader

of largestopposition
party.
-

↳
151 ISI Judge.

A (BI
investigates cases
if got requests central gort
state to
give a case to
31. or
ifHC/SC gives
A
General and special consentto
CBI under 6
Section of PSPE Act
consent
↓ General
->
IBI
being a central
gout body can
generally investigate
matters in
any stateunless states
consentfor
specifically remove IBI to
investigateinthis
teasitory. If(BI investigates
then
not
itwill getpolice protectfederalism. Then IBI has
power I to take
to
special
consent from state
on case to
cast basis.) Ifgeneral consentisrevoked then
special
consentisrequired.

->
central
gort official is involved.

loophole -> CBI can

investigate cases -

if deals
matter with other state when IBI has

that involves consent.

 A LS/LA seats mentioned in 1950.
RPA
A RS seats. "4t schedule

RPA
1951:
section 131 ->
Chief Electoral officer appointment.
section 3 ->
RS

section y- IS

section 5-> LA

section 8 disqualification
->

section 9 ->
If dismissed from gort service, disqualified for 5years to contest election.
section 101 Fail
expenses. Imprisonment for
*
to election
lodge 2
-

years.
-

section
&

00 ->
Election petition.
section 123-1
Bribery/corruptpractices)
section 291 --
Registration of Political Parties. I decided
by Election Commission

cannot
deregister any party.
A Recognition as state or national
party depends on performance a cuteria fulfillment

symbol gets fixed campaigners. Their expense notadded in total

-
=40 star

permanently expenditure of candidate whom they

are going to promotes

election.
·
6% ofvoles or in
CMLA last LA
condition for recognition o 6% ofvotes or mp in last is election.
start 3% ofLA 3 seats
party seats
=
as or won
A
party has I member to is for every 25members alloted to
State.
>
8% oftotal valid votes in lastLAILs.

condition for ·Contest election in 74 States (A/Ls. 6%

+
ofvotes achieved

National
Party in each stats + 4Mis ofis (can be ofindividual/multiple states).
from 3 states.
*
If party won 2% oftotal is seats

If party in 4 states.
recognized
*
state
as
party

Anti Defection law:

(originally not a
partofconstitution, added in 10 schedule. by
52nd CAA, 1985.

voluntarily give membership ofparty.

->

up
->
Notfollow whip.
If joins
->

independent candidate political party

Nominata after 6 months
joins party
->
member

split 8
If 23 & form
member
splits a new
party or
joins another
party then no
Anti defection implemented.
A kinoto Hollohon vls Zachilhof others 1993: -> Freedom ofspeech ofMP or MLA.

State Funding ofelection ->

centre
fort distributes fixed equally among parties
art

after approval by parliament.

 ) Governance.
in is
manner which power exercised in the
managementofcountry's economic and social

resources
by gort.-World Bank

In simple terms,
governing social economic resources
by exercising authority
2 & utilize full individual
power to promote development potential of an

A good governance
denotes &
the desirable
qualities and characteristics of effective responsible management
ofpublic decision
resource and
making.
~
Responsive
↳Effective
Good Governance -Efficient
·
Accountable

Transparent
*

a
participative.

stakeholders in
for"Sta
good governance ↳~
society
Markets

Follow rule oflaw.

↑
participatory (everyone intable (Answerability) - understandable
Features for
governancetheteaaredermation
ofgood available all
↓
Effective &
efficient Equitable & Inclusive (All sections ofsociety
↓ - consensus oriented/Decision based on consensus)
Intended result in fined
time frame + proper use of
resources.

Eg
->
Road construction &
Repair.
1) Accountability
->
Pub/tak ->
senior/legislature
hindi
2) Transparency information to How much to be
lengt
->
to
public money used

3) Responsiveness to
constructed in
Day 1 local
languages
Tender open for all, Road for all.
4) Equitable & inclusive ->

3) Efficient & Effective

-
-
Justified expenditure + Road of1/2 year life.
6) Rule of190 Follow rulest
regulation.
a

1) participation ->
Mp/MCA + Enecutive + citizen involvement.
8) consensus oriented to
All should
agree.

Sevotam Model ->

framework for service
delivery incellence in public sector.

↳
sevat citizen centric
ultam
government.
->
Capability Building * -> citizen charter

Sevottam model
↓

Grievance Redressal Mechanism

RT18 second Appellate Authority.

-
D10 --
1st Appellate Authority ->
CICISK ->
HC
 Citizen charter: document the that
outlining governmentagency
->
service a or
organizat
↓ -
ion provides to a citizen and sets out the standards ofservice
taken from UK. that citizen can
expect to recieve.

& mission statement.

~>vision vision
long hum
goals
--

components: -area ofservice mission ->

implementation ofvision
↳
responsibility ofcitizens.

Governance: ofICT (information communication technology to perform

->
I use

↓ improve governance function.

I results.
Eg- Umang, my-you,
added
efficiency PRAGATI, M- Parivahan.
in
governance.

62G interaction
eg
-o
PRAGATI, E-courts.
G2B
eg -
Gen

Swamitva scheme -

maintaining land records after land assessment

through drones.

TKDL ->
Traditional knowledge Digital library.
PM Gati Shakti INational Master Plan)
↓ ↳
De-risking of projects. Eg- call
before you dig.
Use his in collab with IsR0 satellites.

Jan Portal.
Eg ofGood Governance - Soochna -

->implementation.
A civil services to

gort employees to implementgout policies & programs

Bureaucracy ->

↳
civil servants + other
gortemployees.
design & implementation.

A
multiplicity ofHeirarchy increases complications in
governance.

A Mission Karmayogi --
Capacity Building Commission.
↓ ixot --
open learning platform for civil servants.
transition from Rule based to pole based.

3
~manpower
Gort lacks resource Goutprovides support &
funding to NGO to fill these
-

↳
gaps.
Accountability

bestfor
self help groups women
empowerment
-

ONDC -
>
Open Network for Digital Commerce provides -

support to MSME

*
Eg ofcooperatives -> Amul
A cabinet secretary en
officio chairperson ofcivil service Board + heads (As.
->