MARKS BOOSTER

SERIES
POLITY
(Important Facts)

PRELIMS 2024
 TABLE OF CONTENTS

A. CONSTITUTIONAL FRAMEWORK ................................................................................................................... 1

1. History of Constituent Assembly ........................................................................................................................ 1
2. Salient Features of the Indian Constitution ....................................................................................................... 2
3. Parts of the Indian Constitution .......................................................................................................................... 2
4. Schedules of the Indian Constitution.................................................................................................................. 3
5. Features Borrowed from Other Countries ......................................................................................................... 5
6. The Preamble ......................................................................................................................................................... 6
7. State and Union Territories (Article 1-4) ............................................................................................................ 7
8. Citizenship (Article 5-11) ...................................................................................................................................... 8
9. Fundamental Rights (Article 12-35) .................................................................................................................... 9
10. DPSP (Directive Principles of State Policy) (Article 36-51) .......................................................................... 15
11. Fundamental Duties (Article 51A) .................................................................................................................. 18
12. Amendments to the Constitution .................................................................................................................... 18
13. Basic Structure of the Indian Constitution ..................................................................................................... 19
B. SYSTEM OF GOVERNMENT ............................................................................................................................. 21
14. Parliamentary and Presidential Form of Government ................................................................................. 21
15. Features of Federal and Unitary Government ............................................................................................... 21
16. Centre-State Relations ....................................................................................................................................... 22
17. Inter-State Council ............................................................................................................................................. 23
18. The Zonal Councils ........................................................................................................................................... 23
19. Emergency Provisions ...................................................................................................................................... 24
C. CENTRAL GOVERNMENT AND STATE GOVERNMENT......................................................................... 26
20. The President of India ....................................................................................................................................... 26
21. President and the Governor - Comparison .................................................................................................... 28
22. The Vice President ............................................................................................................................................. 28
23. Cabinet Committees .......................................................................................................................................... 29
24. The Parliament ................................................................................................................................................... 29
25. State Legislatures ............................................................................................................................................... 37
26. Supreme Court and High Court ...................................................................................................................... 38
27. Anti-Defection Law ........................................................................................................................................... 40
D. LOCAL GOVERNMENT ...................................................................................................................................... 41
28. Panchayati Raj .................................................................................................................................................... 41
29. Urban Local Bodies ........................................................................................................................................... 42
E. CONSTITUTIONAL AND NON-CONSTITUTIONAL BODIES ................................................................ 44
30. Constitutional Bodies ........................................................................................................................................ 44
31. Non-Constitutional/Statutory Bodies ............................................................................................................ 48
F. OTHER IMPORTANT TABLES .......................................................................................................................... 54
32. Important Articles in the Indian Constitution ............................................................................................... 54
33. Important Constitutional Amendments ......................................................................................................... 55
33. Official Langauge .............................................................................................................................................. 57
34. Special Provision for States ............................................................................................................................. 57
35. Party and Recognition ...................................................................................................................................... 58
36. Delimitation Commission ................................................................................................................................ 58
 A. CONSTITUTIONAL FRAMEWORK

1. History of Constituent Assembly

Date Event

1934 M N Roy first proposed the idea of a constituent assembly.

Indian National Congress first demanded a Constituent Assembly to frame the

1935
Constitution of India.

• Jawaharlal Nehru declared that the Constitution of free India must be framed
1938 without outside interference.
• It has to be done by a Constituent Assembly elected based on Adult Franchise.

First time in principle, the demand for a Constituent Assembly was accepted by
1940
the British in the August Offer of 1940.

• Sir Stafford Cripps came to India with a draft proposal to frame an

1942 independent Constitution.
• This was rejected by the Muslim League.

• The Cabinet Mission was sent to India, which rejected the idea of two
Constituent assemblies. Hence, Elections were held as per the Cabinet
1946
Mission plan to establish the Constituent Assembly.
• Jawaharlal Nehru moved the ‘Objective Resolution’.

22 July 1947 The National Flag of the Union was adopted.

May 1949 Ratified India's membership of the Commonwealth.

26 November 1949 The Constitution was adopted by the assembly.

• ‘Jana Gana Mana’ was adopted as the National Anthem.

24 January 1950 • Adopted the National Song.
• Elected Dr. Rajendra Prasad as the first President of India.

26 January 1950 The Constitution came into force.

Committee Chairperson

Rules of Procedure Committee, Steering Committee, Finance

and Staff Committee, Ad hoc Flag Committee Rajendra Prasad

Advisory committee on fundamental rights, minorities, Tribal

Areas, and Excluded Areas Sardar Patel

Provincial Constitution Committee

Union Powers Committee, Union Constitution Committee,

States Committee (For negotiating with States) Jawaharlal Nehru

Fundamental Rights sub-committee JB Kriplani

Minorities sub-committee HC Mukherjee

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 North-East Frontier Tribal Areas and Assam excluded and Gopinath Bardoloi
partially excluded areas sub-committee

House Committee B Pattabhi Sitaramayya

Drafting Committee Dr. B. R. Ambedkar

Committee on chief commissioner’s provinces B. Pattabhi Sitaramayya

Credentials Committee Alladi Krishnaswami Ayyar

Order of Business Committee K. M. Munshi

Committee on Functions of Constituent Assembly G. V. Mavlankar

2. Salient Features of the Indian Constitution

Features of the Parliamentary System in India
• The Constitution of India has opted for the British Parliamentary System of Government.
○ It is in contrast to the American Presidential System of Government
• The Parliamentary System is based on the principle of cooperation and coordination between the
legislative and executive organs.
• The parliamentary system is also known as the ‘Westminster’ model of government.
• The detailed features are as follows:
1. Presence of real and nominal executives. 6. Dissolution of the lower house (Lok Sabha or
2. Majority party rule. Assembly).
3. Collective responsibility of the executive to 7. Indian Parliament is not a sovereign body like the
the legislature. British Parliament.
4. Membership of the ministers in the 8. Parliamentary Government combined with an
legislature elected President at the head (Republic).
5. The leadership of the prime minister or the
chief minister.

3. Parts of the Indian Constitution

Parts and Subjects Articles Parts and Subjects Articles

Part I – The Union and its 1–4 Part XI – Relation between the 245 – 263
Territories Union and the States

Part II – Citizenship 5 -11 Part XII – Finance, Property, 264 – 300A

Contracts and Suits

Part III – Fundamental 12 – 35 Part XIII – Trade, Commerce, and 301 – 307
Rights Intercourse within the territory
of India

Part IV – Directive 36 – 51 Part XIV – Services Under the 308 – 323

Principles of State Policy Union and the States

Part IV A – Fundamental 51A Part XIVA – Tribunals 323A – 323B

Duties

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 Part V – The Union 52 – 151 Part XV – Elections 324 – 329A

Part VI – The States 152 – 237 Part XVI – Special provisions 330 – 342A
relating to certain classes

Part VII – The States in Part 238 [Repealed] Part XVII – Official language 343 – 351
B of the First Schedule

Part VIII – The Union 239 – 242 Part XVIII – Emergency 352 – 360
Territories Provisions

Part IX – The Panchayats 243 – 243O Part XIX – Miscellaneous 361 – 367

Part IXA – The 243P – 243ZG Part XX – Amendment of the 368

Municipalities Constitution

Part IXB – The Co-operative 243ZH – Part XXI – Temporary, 369 – 392
Societies 243ZT Transitional and Special
Provisions

Part X – The Scheduled and 244 – 244A Part XXII – Short Title, 393 – 395
Tribal Areas Commencement, Authoritative
Text in Hindi and Repeals

4. Schedules of the Indian Constitution

Schedules Features of Schedules

First • It contains the names of States and Union Territories.

Schedule • Territorial Jurisdiction of states is also included.

Second The provisions in relation to allowances, privileges, and emoluments of:

Schedule
1. President of India
2. Governors of Indian States
3. Speaker of Lok Sabha & Deputy
Speaker of Lok Sabha
4. Chairman of Rajya Sabha & Deputy
Chairman of Rajya Sabha
5. Speaker and Deputy Speaker of
Legislative Assemblies of Indian
States.
6. Chairman and Deputy Chairman of
Legislative Councils of the Indian
States
7. Supreme Court Judges
8. High Court Judges
9. Comptroller & Auditor General of
India (CAG)

Third It contains the forms of oath or affirmation for:

Schedule
1. Parliament Election Candidates 6. State Ministers
2. Members of Parliament (MPs) 7. Supreme Court Judges
3. Union Ministers of India 8. High Court Judges

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 4. State Legislature Elections’ 9. Comptroller and Auditor General
Candidates
5. State Legislature Members

Fourth It contains the provisions in relation to the allocation of seats for States and Union
Schedule Territories in the Rajya Sabha.

Fifth It contains provisions in relation to the administration and control of scheduled areas
Schedule and scheduled tribes.

Sixth It contains provisions in relation to the administration of tribal areas in the states of
Schedule Assam, Meghalaya, Tripura and Mizoram.

Seventh This schedule deals with the three legislative lists: Union, State and Concurrent.
Schedule

Eighth It deals with the 22 official languages recognized by the Constitution of India:
Schedule
1. Assamese 7. Kashmiri 13. Marathi 19. Sindhi
2. Bengali 8. Konkani 14. Nepali 20. Tamil
3. Bodo 9. Mathilli 15. Odia 21. Telugu
4. Dogri 10. Malayalam 16. Punjabi 22. Urdu
5. Gujarati 11. Manipuri 17. Sanskrit
6. Hindi 12. Kannada 18. Santhali

Ninth It deals with the state acts and regulations that deal with land reforms and the abolition
Schedule of the zamindari system. It also deals with the acts and regulations of the Parliament
dealing with other matters.
• This schedule was added by the 1st Amendment (1951) to protect the laws included
in it from judicial review on the grounds of violation of fundamental rights.
However, the Supreme Court ruled that the laws included in this schedule after
April 24, 1973, are open to judicial review.

Tenth It contains provisions relating to the disqualification of the members of Parliament and
Schedule State Legislatures on the grounds of defection. This schedule was added
by the 52nd Amendment Act of 1985, also known as the Anti-Defection Law.

Eleventh It contains the provisions that specify the powers, authority, and responsibilities of
Schedule Panchayats. It has 29 matters.

Twelfth It deals with the provisions that specify the powers, authority, and responsibilities of
Schedule Municipalities. It has 18 matters.

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5. Features Borrowed from Other Countries

Countries Borrowed Features

Australia • Concurrent list • Joint-sitting of the two Houses of

• Freedom of trade, commerce, and Parliament
intercourse

Canada • Federation with a strong Centre • Appointment of state governors

• Vesting of residuary powers in the by the Centre
Centre • Advisory jurisdiction of the
Supreme Court

Ireland • Directive Principles of State Policy • Nomination of members to Rajya

• Method of election of the President Sabha

Japan • Procedure Established by law

Soviet Union • Fundamental duties

(USSR) • Ideals of justice (social, economic, and political) in the Preamble

UK • Parliamentary government • Cabinet system

• Rule of Law • Prerogative writs
• Legislative procedure • Parliamentary privileges
• Single Citizenship • Bicameralism

USA • Fundamental rights • Impeachment of the president

• Independence of judiciary • Removal of Supreme Court and
• Judicial review High Court judges
• Post of Vice-President

Germany • Suspension of Fundamental Rights during Emergency

(Weimar)

South Africa • Procedure for amendment in the Indian Constitution

• Election of members of Rajya Sabha

France • Republic
• Ideals of liberty, equality, and fraternity in the Preamble

Features taken from the Government of India Act of 1935

• Federal Scheme • Public Service Commissions

• Office of governor • Emergency provisions
• Judiciary • Administrative details

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6. The Preamble
• The American Constitution was the first to begin with a Preamble.
• The Preamble:
○ Contains the summary or essence of the Constitution.
○ Contains ideals and aspirations upon which the Indian state is founded.
• On December 13, 1946, Jawaharlal Nehru moved the ‘Objective Resolution’ in the Constituent
Assembly. It also acted as the guiding principle for the members of the constituent assembly in framing
the constitution. It was adopted as the Preamble to the Indian Constitution on January 22, 1947.
• The preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic.
Nature of the Indian State
• Sovereign: The term means that India has its independent authority and is not a dominion of any other
external power, and it is free to conduct its own affairs.
• Socialist: The term means the achievement of socialist ends through democratic means. It promotes
'democratic socialism', which holds faith in a mixed economy where both private and public sectors
co-exist side by side.
• Secular: The term means that all the religions in India get equal respect, protection, and support from
the state.
• Democratic: The term implies that the Constitution of India has an established form of Constitution
that gets its authority from the will of the people expressed in an election.
• Republic: The term indicates that the head of the state is elected by the people. In India, the President
of India is the elected head of the state.
Objectives of the Constitution
• Liberty: It means the absence of restraints on the activities of individuals and at the same time,
providing opportunities for the development of individual personalities.
• Equality: It means the absence of special privileges to any section of society and the provision of
adequate opportunities for all individuals without any discrimination.
• Fraternity: It means a sense of brotherhood.
Supreme Court Rulings Related to the Preamble
Is the Preamble a part of the Constitution or not?
The evolution of opinion on this issue can be seen through a series of landmark judgments of the Supreme
Court:
• Berubari Union Case (1960)
○ The Preamble is not a part of the Constitution.
○ Since the Preamble serves as the key to the minds of our Constitution makers, some assistance in
interpreting any ambiguity in the Constitution can be taken from the Preamble.
• Kesavananda Bharati Case (1973)
○ In this judgment, the Supreme Court reversed its stand on the Preamble.
○ The Preamble of the Indian Constitution will now be considered a part of the Constitution.
○ It will play an important role in the interpretation of statutes and other various provisions of the
Constitution.
• LIC of India Case (1995)
○ The Supreme Court once again ruled that the Preamble is an integral part of the Constitution,
but it cannot be directly enforced in a court of justice in India.
Popular Amendments
Can the Preamble be Amended under Article 368?
The evolution of opinion on this issue can be seen through the following landmark developments:
• Kesavananda Bharati Case, 1973
○ In this case, the Supreme Court held that the Preamble is a part of the Constitution.
○ Hence, it can be amended, subject to the condition that no amendment is done to the ‘Basic
Structure’ of the Constitution.
• 42nd Amendment Act, 1976
○ After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of
the Constitution.

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 ○ As a part of the Constitution, the preamble can be amended under Article 368 of the Constitution,
but the basic structure of the preamble can not be amended.
○ As of now, the preamble is only amended once through the 42nd Amendment Act, of 1976.
○ The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through the 42nd
Amendment Act, 1976.
○ ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
○ ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

7. State and Union Territories (Article 1-4)

Committees and commissions for the re-organization of states

1. Dhar Commission: It was formed in June 1948. In December 1948, it suggested that the states
should be organized for administrative convenience rather than linguistic factors.

2. JVP Committee: It was formed in December 1948 and presented its report in April 1949. It was
composed of Jawahar Lal Nehru, Vallahbhai Patel, and Pattabhi Sitaramayya. It had no
chairman or convenor. This committee rejected language as the primary basis for state
reorganization.

3. Fazal Ali Commission: The government established the State Reorganisation Commission, also
known as the Fazal Ali Commission, in December 1953.
• This three-member commission, including K.M. Panikkar and H.N. Kunzru, submitted its
report in September 1955.
• The commission recognized four key factors for state reorganization:
○ Linguistic and cultural similarities
○ Preservation of India's unity and integrity
○ Administrative, financial, and economic considerations
○ Promotion of people's welfare through planning

Formation of Different States of India

State Year of State Year of State Year of Formation

Formation Formation

Punjab 1947 Karnataka Tripura 1972

Kerala 1956
Rajasthan 1949 Tamil Nadu Sikkim 1975

Assam 1950 Gujarat 1960 Arunachal 1987

Pradesh

Bihar 1950 Maharashtra 1960 Mizoram 1987

Odisha 1950 Nagaland 1963 Goa 1987

West Bengal 1950 Haryana 1966 Chhattisgarh 1 November, 2000

Uttar Pradesh 1950 Himachal 1971 Uttarakhand 9 November, 2000

Pradesh

Madhya 1950 Manipur 1972 Jharkhand 15 November, 2000

Pradesh

Andhra 1953 Meghalaya 1972 Telangana 2 June 2014

Pradesh

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List of Union Territories

Union Territory Capital Year of formation High Court Jurisdiction

Andaman and Port Blair 1956 Calcutta HC

Nicobar Islands

Delhi New Delhi 1956 (In 1992, Delhi was Delhi HC

redesignated as the National
Capital Territory of Delhi)

Lakshadweep Kavaratti 1956 Kerala HC

Chandigarh Chandigarh 1966 Punjab and Haryana HC

Dadra and Daman Dadra and Nagar Haveli–1961, Bombay HC

Nagar Haveli, Daman and Diu–1962
and Daman and It was merged into a single
Diu. Union Territory in 2019.

Puducherry Pondicherry 1962 Madras HC

Jammu and Srinagar in 2019

Kashmir Summer; Jammu in Jammu & Kashmir and
Winter Ladakh HC

Ladakh Leh 2019

8. Citizenship (Article 5-11)

• Citizenship refers to the legal standing of a person as a sovereign country’s legal member or a country
member.
• Citizenship is listed in the Constitution’s Union List. The term citizenship is not explicitly defined in
the Constitution, Articles 5-11 outline the framework for citizenship at the time of the Constitution’s
commencement.
• The Citizenship Act (1955) provides for the acquisition and loss of citizenship after the commencement
of the Constitution.
Acquisition of Citizenship Loss of Citizenship

1. By Birth 2. Descent 1. Renunciation

3. Registration 4. Naturalization 2. Deprivation

5. Incorporation of Territory 3. Termination

• By Descent: A person born outside India on or after January 26, 1950 is a citizen of India by descent
if his/her father was a citizen of India by birth. A person born outside India on or after December
10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth.
• As a result of naturalization: A person can acquire citizenship by naturalisation if he/she is
ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and
11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
• By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing
his/her Indian citizenship.

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 • By Termination: When an Indian citizen voluntarily acquires the citizenship of another country,
his Indian citizenship automatically terminates.
• By Deprivation: Under the Citizenship Act (1955), the Central Government has the authority to
deprive a citizen of his citizenship if
○ the citizen has obtained the citizenship by fraud;
○ The citizen has shown disloyalty to the Constitution of India;
○ The citizen has unlawfully traded or communicated with the enemy during a war;
○ The citizen has, within five years after registration or naturalisation, been imprisoned in any
country for two years; and
○ The citizen has been ordinarily resident out of India for seven years continuously.

• Special Provisions as to Citizenship of Persons Covered by the Assam Accord: The Citizenship
(Amendment) Act, 1985, added the following special provisions as to the citizenship of persons
covered by the Assam Accord (which is related to the foreigners' issue).
• Special Provisions as to Citizenship of Persons Migrated from Afghanistan, Bangladesh or
Pakistan: The Citizenship (Amendment) Act, 2019, added the following special provisions as to the
citizenship of migrants belonging to these communities from Afghanistan, Bangladesh or Pakistan
who entered into India on or before December 31, 2014 and who have been exempted from the
adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.

9. Fundamental Rights (Article 12-35)

Fundamental Article Provisions
Rights (FRs)
Unless the context otherwise requires, “the State’’ includes the
Definition of State Article 12 Government and Parliament of India and the Government and the
and laws Legislature of each of the States and all local or other authorities
inconsistent with within the territory of India or under the control of the Government
FRs of India.
Article 13 It deals with the laws inconsistent with or in derogation of the
fundamental rights.
• “law” includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the
territory of India the force of law;
Article 14 The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.
Right to Equality Article 15 The State shall not discriminate against any citizen on grounds
(14-18) only of religion, race, caste, sex, place of birth or any of them.
Article 16 There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the
State.
Article 17 Abolition of untouchability.
Article 18 Abolition of Titles.
All citizens shall have the right:
• to freedom of speech and expression;
• to assemble peaceably without arms;
Article 19 • to form associations, unions, or cooperative societies.
• to move freely throughout the territory of India;
Right to Freedom • to reside and settle in any part of the territory of India;
(19-22) • to practice any profession or to carry on any occupation, trade,
or business.
Article 20 Protection in Respect of Conviction for Offences.
Article 21 Protection of Life and Personal Liberty.

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 Article 21-A Right to Education.
Article 22 Protection against Arrest and Detention in certain cases.
Right Against Article 23 Prohibition of traffic in human beings and forced labour.
Exploitation (23-24) Article 24 Prohibition of employment of Children in factories, etc.
Article 25 Freedom of Conscience, Profession, Practice and Propagation of
Religion.
Right to Freedom Article 26 Freedom to Manage Religious Affairs.
of Religion (25-28) Article 27 Freedom as to payment of taxes for the promotion of any particular
religion.
Article 28 Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
Any section of the citizens residing in any part of India having a
Educational and Article 29 distinct language, script or culture of its own shall have the right
Cultural Rights (29- to conserve the same.
30) Article 30 Right of Minorities (religious or linguistic) to establish and
administer Educational Institutions.
Right to Right to move the Supreme Court for the enforcement of
Constitutional Article 32 fundamental rights, including the writs of: Habeas Corpus,
Remedies (32) Mandamus, Quo Warranto, Prohibition and Certiorari.
Empowers the Parliament to restrict or abrogate the fundamental
Article 33 rights of the members of armed forces, para-military forces, police
forces, intelligence agencies and analogous forces.

Provides for the restrictions on fundamental rights while martial

Article 34 law (military rule) is in force in any area within the territory of
India. The expression 'martial law' has not been defined
anywhere in the Constitution.
Article 35 Lays down that the power to make laws, to give effect to certain
specified fundamental rights shall vest only in the Parliament and
not in the state legislatures.

FRs available only to citizens

Article 15: Prohibition of discrimination on Article 29: Protection of language, script, and
grounds of religion, race, caste, sex, or place of culture of minorities.
birth.

Article 16: Equality of opportunity in matters of Article 30: Right of minorities to establish and
public employment. administer educational institutions.

Article 19: Protection of six rights regarding (i)freedom of speech and expression, (ii) assembly (iii)
association, (iv) movement (v) residence (vi) profession.

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Differences Between Equality before the Law and Equal Protection of the Law

Equality before law Equal protection of law

1. The concept is of British origin. 1. The concept is borrowed from the American
Constitution.

2. It states that no person (whether rich, poor, 2. It states that the like should be treated alike
high, or low) is above the law. without any discrimination.

3. It speaks about the absence of any special 3. It speaks about the equality of treatment under
privileges in favour of any person. equal circumstances (both in privileges conferred and
liabilities imposed by the laws).
Thus, it implies that govt can take affirmative action
(reservation) in favour of weaker sections of society.

4. Equal subjection of all persons to the 4. Similar application of the same laws to all persons
ordinary law of the land administered by who are similarly situated.
ordinary law courts.

5. It is a negative concept as it restricts the state 5. It is a positive concept as it puts a positive

from engaging in any arbitrary discrimination obligation on the state to prevent the violation of
between individuals. rights.

Article 19 [Reasonable Restrictions]

Article 19 (1)(a) Article 19(2): The State can impose reasonable restrictions on the following
Freedom of Speech grounds: Friendly relations with foreign states (1st CAA, 1951); Incitement to an
and Expression offence(1st CAA, 1951); Public order(1st CAA, 1951); Sovereignty and integrity of
India (16th CAA, 1963); Defamation; Contempt of court; Security of the state;
Decency or morality.

Article 19 (1)(b) Article 19(3) mentions reasonable restrictions on two grounds: Sovereignty and
Freedom of integrity of India and public order, including the maintenance of traffic in the
Assembly concerned area.

Article 19 (1)(c) Article 19(4) - Reasonable restrictions: Sovereignty of India + Integrity of India +
Freedom of Public order + Morality.
Association

Article- 19(1)(d) Freedom of Movement + Article- 19(1)(e) Freedom of Residence:

• Article 19(5) - Reasonable restrictions: Interest of general public + Protection of interests of any
STs.

Article- 19(1)(g) Article 19(6) - The State can impose reasonable restrictions on the exercise of this
Freedom of right in the interest of the general public. The state is empowered to:
Profession • Prescribe professional/ technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business;
• Carry on by itself any trade, business, industry or service whether to the
exclusion (complete or partial) of citizens or otherwise.
• State is not required to justify its monopoly.

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Article 20
• Article 20 protects against arbitrary and excessive punishment of an accused person, whether a
citizen, a foreigner, or a legal person like a company or a corporation, etc.
Key terms under Article 20

No ex-post-facto law – This provision prohibits incrimination under an ex-post-facto law, i.e. that
imposes penalties retrospectively or which increases the penalties for such acts. Accordingly, no person
shall be:
1. Convicted of any offence except for violating a law in force at the time of the commission of the act
2. Subjected to a penalty greater than that prescribed by the law in force at the time of the commission
of the act

No double jeopardy – No person shall be prosecuted and punished for the same offence more than once.
1. The protection is available only in proceedings before a court of law or a judicial tribunal and not in
proceedings before departmental or administrative authorities.

No self-incrimination – No person accused of any offence shall be compelled to be a witness against

himself.

Rights as a part of Article 21

The scope of Article 21 includes the following rights as reaffirmed by Supreme Court in various cases

1. Right to live with human 14. Right to travel abroad. 27. Right of appeal from a
dignity. 15. Right against bonded judgement of conviction
2. Right to a decent labour. 28. Right to family pension
environment, including 16. Right against custodial 29. Right to social and economic
pollution-free water and harassment. justice and empowerment.
air and protection against 17. Right to emergency medical 30. Right against bar fetters
hazardous industries. aid. 31. Right to appropriate life
3. Right to livelihood. 18. Right to timely medical insurance policy.
4. Right to privacy. treatment in government 32. Right to sleep.
5. Right to shelter. hospitals. 33. Right to freedom from noise
6. Right to health. 19. Right not to be driven out of pollution.
7. Right to free education up a state. 34. Right to sustainable
to 14 years of age. 20. Right to a fair trial. development.
8. Right to free legal aid. 21. Right of a prisoner to have 35. Right to opportunity.
9. Right against solitary necessities of life. 36. Right to decent
confinement. 22. Right of women to be burial/cremation.
10. Right to speedy trial. treated with decency and 37. Right to marry a person of
11. Right against dignity. one’s choice.
handcuffing.` 23. Right against public 38. Right to die with dignity.
12. Right against inhuman hanging. (passive euthanasia).
treatment. 24. Right to road in hilly areas.
13. Right against delayed 25. Right to information.
execution. 26. Right to reputation.

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Exceptions to the Fundamental Rights

Article 31A: Saving of laws providing for the acquisition of estates etc.

It saves five categories of laws from being challenged and invalidated on the grounds of contravention
of Article 14 and Article 19:

1. Acquisition of estates and related rights of the 2. Extinguishment or modification of rights of

state. directors or shareholders of corporations.

3. Taking over the management of properties by 4. Extinguishment or modification of mining leases.

the state.

5. Amalgamation of corporations.

• Article 31A does not immunise a state law from judicial review unless it has been reserved for the
president's consideration and has received his/her assent.

Article 31B: Validation of certain acts and regulations

• It saves the acts and regulations included in the 9th schedule from being challenged and invalidated
on the ground of contravention of any of the fundamental rights.
• The scope of Article 31B is wider than Article 31A.

• SC in the Kesavananda Bharati case (1973) ruled that the acts and regulations that are included in
the Ninth Schedule are open to challenge on the grounds of being violative of the basic structure of
the condition.
• In the I.R. Coelho case (2007), the Supreme Court reaffirmed the above view. It said that the laws
placed under the Ninth Schedule after 24 April, 1973, are open to challenge in court if they violated
fundamental rights guaranteed under Articles 14, 15, 19 and 21 or the basic structure of the
constitution.

Article 31C: Saving of laws giving effect to certain directive principles

This Article was inserted by the 25th Amendment Act of 1971, and contains the following two
provisions:
• No law shall be deemed void if it seeks to give effect to Article 39 (b) or 39 (c) even if it violates Article
14 or Article 19.
• No law containing a declaration that it is for giving effect to such policy shall be questioned in any
court on the ground that it does not give effect to such a policy (This provision was deemed
unconstitutional by the court in the Keshavananda Bharati judgment).

Article 31C does not immunise a state law from judicial review unless it has been reserved for the
president's consideration and has received his/her assent.

Type of Writs
(Article 32 - Right To Constitutional Remedies)
Dr. Ambedkar called Article 32 as the most important article of the Constitution- 'an Article without
which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of
it’
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution.
• It provides that the right to get Fundamental Rights protected is itself a fundamental right. It confers
the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.

13
 Writ Purpose Can be issued against Cannot be issued against

Habeas Corpus Direct the release of a • Public authorities • Lawful detention

(to have the person detained • Private individuals • The proceeding is for
body of) unlawfully contempt of a
legislature or a court,
• Detention outside the
court's jurisdiction
• Detention is by a
competent court.

Mandamus Direct a public authority • Public body • Pvt. individual/body

(we command) to perform his/her official • Corporation • A discretionary duty
duty. • An inferior court • Contractual obligation
• Tribunal • President, Governor
• Govt. • CJ of HC acting in a
Judicial capacity

Prohibition Issued by a higher court Judicial, quasi-judicial Administrative authorities,

(to forbid) to a lower court or authorities. Legislative bodies, and
tribunal to prevent the Private individuals or
latter from exceeding its bodies.
jurisdiction or usurping a
jurisdiction that it does
not possess.

Certiorari Issued by a higher Judicial, quasi-judicial Administrative authorities,

(to be court to a lower court or authorities. Legislative bodies, and
certified) tribunal to quash Private individuals or
the order passed by the bodies.
latter in a case.

Quo Warranto It prevents illegal In the case of a substantive In cases of ministerial office
(by what usurpation of public public office of a or private office.
authority or office by a person. permanent character
warrant) created by a statute or by
the Constitution.

Writ Jurisdiction

Nature Supreme Court High Court

(Article 32) (Article 226)

Purpose of Issuing Writs Only to enforce To enforce legal as well as Fundamental

Fundamental rights rights.

Issued against Against a person or Against a person residing or against a

government throughout government or authority located within its
the territory of India territorial jurisdiction only or outside its
territorial jurisdiction only if the cause of action
arises within its territorial jurisdiction.

Right to refuse exercising N/A because Article 32 May refuse; as a remedy under Article 226 is
writ jurisdiction is an FR itself discretionary

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Difference Between Martial Law and National Emergency
Feature Martial Law National Emergency

Purpose Restore order in a specific region Address threats to the security of India, caused
during a serious crisis (war, by war, external aggression, or internal
rebellion) when civilian disturbance. It can be declared nationwide or in
authorities fail. a specific part of the country.

Authority Martial Law is declared by the An emergency is declared by the President of

Govt India.

Legal Relies on military law, Governed by provisions outlined in the Indian

Framework regulations, and orders. Constitution and the Emergency Provisions
Act.

Impact on The military takes over The civilian government continues to function.
Civilian administration and law Courts operate normally.
Authority enforcement. Civilian courts may
be suspended.

Duration No set duration. Initially for 6 months, extendable for further

periods with Parliamentary approval.

Fundamental Can be suspended to varying Specific Fundamental Rights can be suspended

Rights degrees depending on the by the President’s order.
situation

Parliamentary Indirectly subject to Requires approval from both Houses of

Oversight parliamentary approval. Parliament (Lok Sabha and Rajya Sabha) after
the proclamation

Review and Limited Judicial Review, military Subject to Judicial Review, oversight by
Oversight tribunals often used for legal Parliament, and regular reports to the
matters. President.

Rights Outside Part III in the Indian Constitution

These rights are also referred to as Constitutional, Legal, and Non-Fundamental Rights.

Article 265: No tax shall be levied or collected except by authority of law.

Article 300-A: No person shall be deprived of his/her property save by authority of law.

Article 301: Freedom of Trade, Commerce, and Intercourse.

Article 326: The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of
adult suffrage.

10. DPSP (Directive Principles of State Policy) (Article 36-51)

• DPSPS are the ideals that the State should keep in mind while formulating policies and enacting laws.
They also resemble the 'Instrument of Instructions' enumerated in the Government of India Act, 1935.
The idea of the DPSPs has been borrowed from the Irish Constitution, which has, in turn, borrowed it
from the Spanish Constitution.
• Dr. B.R. Ambedkar described these principles as 'novel features' of the Indian Constitution.
• The Directive Principles, along with the Fundamental Rights, contain the philosophy of the
Constitution and are the soul of the Constitution.

15
• The Constitution does not contain any classification of Directive Principles. However, on the basis of
their content and direction, DPSPs can be divided into three parts:
○ Socialistic Principles
○ Gandhian Principles
○ Liberal-Intellectual Principles
Socialistic Principles
They lay down the framework of a democratic socialist state. They aim at providing social and economic
justice and set the path towards a welfare state.
Article Directive Principle

38 To promote the welfare of the people by securing a social order permeated by justice – social,
economic and political and to minimise inequalities in income, status, facilities and
opportunities.

39 To secure:
(a) the right to adequate means of livelihood for all citizens;
(b) the equitable distribution of material resources of the community for the common good;
(c) prevention of concentration of wealth and means of production;
(d) equal pay for equal work for men and women;
(e) preservation of the health and strength of workers and children against forcible abuse;
(f) opportunities for the healthy development of children.

39A To promote equal justice and to provide free legal aid to the poor.

41 To secure the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement.

42 To make provision for just and humane conditions of work and maternity relief.

43 To secure a living wage, a decent standard of life and social and cultural opportunities for
all workers.

43A To take steps to secure the participation of workers in the management of industries.

47 To raise the level of nutrition and the standard of living of people and to improve public
health.

Gandhian Principles
These principles are based on Gandhian ideology

Article Directive Principle

40 To organise village panchayats and endow them with the necessary powers and authority to
enable them to function as units of self-government.

43 To promote cottage industries on an individual or co-operative basis in rural areas.

43B To promote voluntary formation, autonomous functioning, democratic control and

professional management of cooperative societies.

46 To promote the educational and economic interests of SCs, STs, and other weaker sections
of society and to protect them from social injustice and exploitation

47 To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.

48 To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve
their breeds

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The Liberal-Intellectual Principles
These principles represent the ideology of liberalism

Article Directive Principle

44 To secure for all citizens a uniform civil code throughout the country.

45 To provide early childhood care and education for all children until they complete the age of
six years.

48 To organise agriculture and animal husbandry on modern and scientific lines.

48A To protect and improve the environment and to safeguard forests and wildlife.

49 To protect monuments, places and objects of artistic or historic interest which are declared
to be of national importance.

50 To separate the judiciary from the executive in the public services of the State.

51 To promote international peace and security and maintain just and honourable relations
between nations; to foster respect for international law and treaty obligations, and to
encourage settlement of international disputes by arbitration.
New Directive Principles
1. 42nd Constitutional Amendment, 1976
• It introduced certain changes in part IV of the Constitution by adding new directives.
○ Article 39: To secure opportunities for the healthy development of children.
○ Article 39A: To promote equal justice and to provide free legal aid to the poor.
○ Article 43A: To take steps to secure the participation of workers in the management of industries.
○ Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
2. 44th Constitutional Amendment, 1978
• It inserted Section 2 to Article 38, which requires the State to minimise inequalities in income,
status, facilities and opportunities.
3. 86th Amendment Act, 2002
• It changed the subject matter of Article 45 and made elementary education a fundamental right
under Article 21 A. The amended directive requires the State to provide early childhood care and
education for all children until they complete the age of six years.
4. 97th Amendment Act, 2011
• Article 43B: It added a new Directive Principle relating to cooperative societies. It requires the state
to promote voluntary formation, autonomous, functioning, democratic control and professional
management of cooperative societies.
Directives outside Part IV
• Article 335: The claims of the members of the SCs and the STs shall be taken into consideration,
consistently with the maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or a State.
• Article 350 A: It shall be the endeavour of every state and every local authority within the state to
provide adequate facilities for instruction in the mother tongue at the primary stage of education
to children belonging to linguistic minority groups
• Article 351: It shall be the duty of the Union to promote the spread of the Hindi language and to
develop it so that it may serve as a medium of expression for all the elements of the composite culture
of India.

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11. Fundamental Duties (Article 51A)
• The Fundamental Duties in the Indian Constitution are borrowed from the Constitution of the erstwhile
USSR. It was based on the recommendations of the Swaran Singh Committee.
• The 42nd Constitutional Amendment Act, 1976 added a new part, namely, Part IVA to the
Constitution. The article, for the first time, specified a code of ten fundamental duties of the citizens.
• Originally 10 in number, one more duty was added through the 86th Constitutional Amendment Act,
2002. All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in Part-IV-A).
• The FDs are as follows:
a To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;

b To cherish and follow the noble ideals that inspired the national struggle for freedom;

c To uphold and protect the sovereignty, unity, and integrity of India;

d To defend the country and render national service when called upon to do so;

e To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;

f To value and preserve the rich heritage of the country’s composite culture;

g To protect and improve the natural environment, including forests, lakes, rivers and wildlife
and to have compassion for living creatures;

h To develop scientific temper, humanism, and the spirit of inquiry and reform;

i To safeguard public property and to abjure violence;

j To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement;

k To provide opportunities for education to his/her child or ward between the age of six and
fourteen years (added by the 86th Constitutional Amendment Act, 2002).

12. Amendments to the Constitution

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution
and its procedure.
TYPES OF AMENDMENTS

Amendments by Simple Majority of Parliament

• Amendments/changes to certain parts of the Constitution can be made with a majority of the
members of each House present and voting (similar to the ordinary legislative process). Notably,
these amendments are not deemed to be amendments of the Constitution for the purpose of Article
368.

• Provisions that can be amended by it are:

○ Admission or establishment of new states;
○ Formation of new states and alteration of areas, boundaries or names of existing states;
○ Abolition or creation of legislative councils in states;
○ Use of English language in Parliament;
○ Fifth Schedule-administration of scheduled areas and scheduled tribes;
○ Sixth Schedule-administration of tribal areas etc.

18
 Amendments by Special Majority of Parliament.

• It means the majority of the total membership of each House and a majority of two-thirds of the
members of each House present and voting.

• Provisions that can be amended by it are:

○ Fundamental Rights,
○ Directive Principles of State Policy, and
○ Other provisions that are not covered by the first and third categories.

Amendments by Special Majority of Parliament and Consent of States.

• Provisions related to the federal structure of the country can be amended by a special majority of
Parliament and the consent of at least half of the state legislatures by a simple majority.
• It is considered valid even if some states do not take any action on the amendment and half of the
states give their consent. There is no time limit within which the states should give their consent to
the bill.

• Provisions which can be amended by it are:

○ Election of the President. ○ Distribution of legislative powers.

○ Executive powers of the Union and the ○ Representation of states in the Parliament.
states. ○ Lists in the Seventh Schedule, and
○ The Supreme Court and high courts. ○ Article 368 itself.

13. Basic Structure of the Indian Constitution

• The doctrine of Basic Structure was propounded by the Indian Judiciary on 24th April, 1973 in the
Keshavananda Bharati case.
• It put a hold on the amending powers of the Parliament so that the ‘Basic Structure of the Constitution’
remains intact and cannot be amended in the exercise of its ‘constituent powers’ provided under
Article 368 of the Indian constitution.

Elements of the Basic Structure

Supremacy of the Federal character of the Secular Character of the

Constitution Constitution Constitution

Separation of powers The sovereign, democratic, and Unity and integrity of the nation
between the legislature, the republican nature of the Indian
executive, and the judiciary Polity

Welfare state (socio-economic Limited power of Parliament to Freedom and dignity of the
justice) amend the Constitution individual

Parliamentary system The rule of law Principle of equality

Free and fair elections Independence of Judiciary Judicial review

Principles (or essence) Powers of the Supreme Court Powers of the High Courts under
underlying fundamental under Articles 32, 136, 141 and 142 Articles 226 and 227
rights

Harmony and balance between Fundamental Rights and Directive Principles.

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Important cases related to the Basic Structure of the Indian Constitution

Shankari Prasad vs. Union of India (1951)

• The Supreme Court held that the Parliament, under Article 368, has the power to amend any part
of the Constitution, including the Fundamental Rights.

Golak Nath vs. the State of Punjab (1967)

• The Supreme Court reversed its earlier stand. It ruled that Fundamental Rights are given a
'transcendental and immutable' position, and hence, the Parliament cannot abridge or take away any
of these rights.
• The Parliament reacted to the Supreme Court's judgement in the Golak Nath case (1967) by enacting
the 24th Amendment Act (1971). This Act amended Articles 13 and 368. It declared that the
Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368,
and such an act will not be a law under the meaning of Article 13.

Kesavananda Bharati vs. State of Kerala (1973)

• The Supreme Court held that the Parliament has the power to amend any provision of the
Constitution, but in doing so, the Basic Structure of the Constitution is to be maintained.
• The Court propounded what has come to be known as the “Basic Structure of the Constitution”.
• Thus, this landmark judgment meant that every provision of the Constitution could be amended, but
these amendments could be subjected to judicial review to ascertain that the Basic Structure of the
Constitution remains intact.

42nd Amendment Act (1976)

• The government in 1976 enacted the 42nd Amendment Act that declared there is no limitation to the
constituent power of Parliament under article 368.
• The amendment, also called the "Mini-constitution" for introducing wide-ranging constitutional
changes, barred the courts from questioning constitutional amendments.

Minerva Mills vs. Union of India (1980)

• In this case, the Supreme Court invalidated provisions of the 42nd CAA and ruled that the Parliament
cannot take away the power of ‘judicial review’ as it is a part of the ‘Basic Structure’.

Indra Sawhney & Others vs. Union of India (1992)

• The Supreme Court declared the Rule of Law as a Basic Structure of the Constitution.
• It also came to be known as the Mandal case.

Kihoto Hollohan Case (1993)

• The Supreme Court added free and fair elections and sovereign, Democratic, and Republican
structures to the Basic Structure of the Constitution.
• The Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to
judicial review.
• It also came to be known as the Defection case.

S.R. Bommai vs. Union of India (1994)

• The Supreme Court declared Federalism, Secularism, and Democracy as the Basic Structure of the
Constitution.

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 B. SYSTEM OF GOVERNMENT

14. Parliamentary and Presidential Form of Government

Context Parliamentary Govt. Presidential Govt.

Separation of The executive is responsible to the All organs of the government (legislature,
powers legislature. executive, and judiciary) are independent
of each other.

Election of the The people elect representatives of The President is directly elected by the
head the legislature. people.

Executive Dual executive (Nominal and Real It is a single executive. The head of the state
Executives). The head of the state and and government is the same.
Government are different (President
and Prime Minister).

Ministers Ministers are members of the Industry experts outside of the legislature
parliament. can also be chosen as ministers.

Dissolution of The President can dissolve the lower The President does not have the power to
the Lower House house. dissolve the lower house.

Stability Unstable government Stable government

15. Features of Federal and Unitary Government

Federal Government Unitary Government

Written Constitution. Constitution may be written (France) or unwritten

(Britain).

Dual Government (that is, national Single government, that is the national government,
government and regional government). which may create regional governments.

Bicameral legislature. Legislature may be bicameral (Britain) or unicameral

(China).

Division of powers between the national and No division of powers. All powers are vested in the
regional government. national government.

Supremacy of the Constitution. Constitution may be supreme (Japan) or may not be

supreme (Britain).

Rigid Constitution. Constitution may be rigid (France) or flexible (Britain).

Independent Judiciary. The judiciary may be independent or may not be

independent.

21
 Unitary Features of the Indian Constitution

1. Unitary bias 2. All-India Services 3. Integrated Judiciary

4. Single Constitution 5. Appointment of Governor 6. Veto Over State Bills

7. States Not Indestructible 8. lntegrated Election 9. Veto Over State Bills

Machinery

10. Emergency Provisions 11. lntegrated Audit Machinery 12. Single citizenship

16. Centre-State Relations

Committees and Commissions on centre-state relations
1st Administrative Reforms Commission, 1966 Sarkaria Commission, 1983

Rajamannar Committee, 1969 MM Punchhi Commission, 2007

Centre- State Legislative Relations

Article 249 Power of Parliament to legislate with respect to a matter in the State List in the
national interest.

Article 250 Power of Parliament to legislate with respect to any matter in the State List if a
proclamation of emergency is in operation.

Article 252 Power of Parliament to legislate for two or more states by consent and adoption of
such legislation by any other state.

Article 253 Legislation for giving effect to international agreements.

Centre- State Administrative Relations

Article 256 Obligation of States and the Union.

Article 257 Control of the Union over States in certain cases.

Article 258 Power of the Union to confer powers, etc., on States in certain cases.

Article Power of the States to entrust functions to the Union.

258A

Article 260 Jurisdiction of the Union in relation to territories outside India.

Distribution of Revenues between the Union and the States

Article 268 Duties levied by the Union but collected and appropriated by the States.

Article 269 Taxes levied and collected by the Union but assigned to the States.

Article Levy and collection of goods and services tax in the course of inter-State trade or
269A commerce.

Article 270 Taxes levied and distributed between the Union and the States.

Article 271 Surcharge on certain duties and taxes for purposes of the Union.

Article Goods and Services Tax Council.

279A

22
17. Inter-State Council

• Article 263 contemplates the establishment of an inter-state council. The President can establish such
a council at any time it appears to him that public interest would be served by its establishment.

Members

1. PM as chairman. Five ministers of the cabinet rank/

2. CM of all the states. Minister of State (independent charge)
3. CM of UTs having legislative assemblies. nominated by the Chairman of the
4. Administrators of UTs do not have legislative assemblies. Council (i.e., Prime Minister) are
5. Governors of states under the President’s rule. permanent invitees of the council.
6. Six Central cabinet ministers, including the home
minister, are to be nominated by the PM.

• The council meetings are supposed to be held thrice a year. It makes decisions based on consensus.

18. The Zonal Councils

Zonal Councils are the statutory bodies. They are established by an Act of Parliament (States
Reorganisation Act of 1956).
• The act divided the country into and provided a zonal council for each: Northern, Central, Eastern,
Western, North-eastern and Southern.
• While forming these zones, several factors have been taken into account, which include:
○ Natural divisions of the country.
○ River systems and means of communication.
○ Cultural and linguistic affinity.
○ Requirements of economic development, security, and law and order.

Organizational Structure

• Chairman: The Union Home Minister.

• Vice Chairman: The Chief Ministers of the States included in each zone act as Vice-Chairman of the
Zonal Council for that zone by rotation, each holding office for one year at a time.
• Members: Chief Minister and two other Ministers as nominated by the Governor from each of the
States and two members from Union Territories included in the zone.
• Advisors
○ A person nominated by the NITI Aayog.
○ Chief Secretaries of each of the States included in the Zone.
○ Development Commissioner nominated by each of the States included in the Zone.

23
19. Emergency Provisions

National Emergency

Grounds of • Under Article 352, the President can declare a national emergency when the
imposition security of India or a part of it is threatened by war, or external aggression, or armed
rebellion.
• The President can declare a national emergency even before the actual occurrence
of war, or armed rebellion, or external aggression.
○ When a national emergency is declared on the grounds of ‘war’ or ‘external
aggression’, it is known as ‘External Emergency’.
○ On the contrary, when it is declared on the grounds of ‘armed rebellion’, it is
known as ‘Internal Emergency’.

Grounds for • This kind of emergency can be imposed by the President after receiving a written
approval recommendation from the cabinet. This provision was introduced through the
44th Amendment Act.

Parliamentary • It must be approved by both houses of parliament within one month from the date
approval and of its issue.
duration • Once approved the proclamation continues to be in force for six months.
• Such proclamations can be extended indefinitely; however, each extension should
be approved by the Parliament through a special majority (44th Amendment Act,
1978).

Revocation of • Emergency can be revoked at any time by the President by passing a subsequent
Proclamation proclamation.
• The emergency must be revoked if the Lok Sabha passes a resolution by a simple
majority disapproving its continuation.

National Emergency has been declared 3 times in India - 1962 (China war), 1971 (Pakistan war),
and 1975 (Internal Disturbances).

President’s Rule

Grounds of • Article 356 empowers the President to issue a proclamation if he is satisfied that a
imposition situation has arisen in which the Government of a state cannot be carried on in
accordance with the provisions of the Constitution.
• Article 365 says that whenever a state fails to comply with or to give effect to any
direction from the centre, it will be lawful for the President to hold that a situation
has arisen in which the Government of the state cannot be carried on in accordance
with the provisions of the constitution.

Parliamentary • A proclamation imposing the President’s rule must be approved by both houses of
approval and parliament within two months from the date of its issue.
duration • If approved by both the Houses of Parliament, the President's Rule continues for six
months. It can be extended for a maximum period of three years with the approval
of the Parliament every six months.
• Every resolution approving the proclamation of the President's Rule or its
continuation can be passed by either House of Parliament only by a simple
majority.

Amendment • The 38th Amendment Act, 1975 made the satisfaction of the President in invoking
Article 356 final and conclusive, which would not be challenged in any court on any
ground.

24
 • But this provision was subsequently deleted by the 44th Amendment Act of 1978
implying that the satisfaction of the President is not beyond judicial review.

Financial Emergency

Grounds of • Article 360 empowers the President to proclaim a financial emergency if he is

imposition satisfied that a situation has arisen due to which the financial stability or credit of
and approval India or any part of its territory is threatened.

Parliamentary • A proclamation approving the financial emergency should be approved by the

Approval and Parliament through a simple majority within two months.
Duration • Once the parliament approves, the financial emergency continues indefinitely
until it is revoked. Implying there is no maximum prescribed maximum period
for its operation, and there is no repeated need for parliamentary approval for its
continuation.
• The President can discontinue this emergency by passing another proclamation to
this effect. Such a proclamation does not require parliamentary approval.
• It has been invoked even once since India has been independent.

It has never been imposed in India till date.

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 C. CENTRAL GOVERNMENT AND STATE GOVERNMENT

20. The President of India

• The President of India is a nominal executive.
• He/She acts as a figurehead and represents the nation's unity.
Election

• Electoral college
○ Elected members of both the Houses of Parliament;
○ Elected members of the Legislative Assemblies of States and the Union Territories of Delhi and
Pondicherry.
• Members of the Electoral College vote for the President in a system of proportional representation
using a single transferable vote. Here each member has a single vote that can be transferred to other
candidates in a sequence of preferences.
• The candidate who receives the majority of votes in the electoral college is elected as the President
of India.

Qualifications

• Must be a citizen of India. (by Birth or Naturalization)

• Must be at least 35 years of age.
• Meet the qualifications to be a member of the Lok Sabha.
• Not hold any office of profit under the Union or state government or any local or other public
authority.

Term, Resignation, Removal and Vacancy

• The President serves a term of five years from the date they take office.
• A vacancy in the office of the President can happen in the following ways: On the expiry of his tenure
of five years, by his resignation, on his removal by the process of impeachment, by his death, when
he gets disqualified to hold office or his election is declared void.
• Other points:
○ They can resign anytime by sending a resignation letter to the Vice-President.
○ They can be removed from office through the process of impeachment before the completion of
their term.
○ The President can remain in office until their successor takes over and is eligible for re-election for
any number of terms.

Powers

Legislative Powers
• He/She appoints the PM and other ministers.
• He/She can summon or end a session of the Parliament and dissolve the Lok Sabha.
• He/She can address the Parliament at the commencement of the first session after the general
election and the first session of each year.
• He/She can summon a joint sitting (Article 108) of both houses of Parliament which is presided over
by the Speaker of the Lok Sabha.
• He/She decides upon the question of disqualification of MPs (In anti-defection case it is done by
the Presiding officer of the house)
• He/She nominates 12 members to the Rajya Sabha.
• The President’s previous recommendation or permission is needed for introducing bills in the
Parliament that involve expenditure from the Consolidated Fund of India, alteration of boundaries
of states, or creation of a new state.
• When a bill is sent to the Parliament after it has been passed by the Parliament, the President can:

26
 ○ give his assent to the bill
○ withhold his assent to the bill, or
○ return the bill (if it’s not a Money Bill or a Constitutional Amendment Bill) for reconsideration
of the Parliament.
• When a bill is passed by a State Legislature and is reserved by the Governor for consideration by
the President, the President can:
○ give his assent to the bill,
○ withhold his assent to the bill, or
○ direct the Governor to return the bill (if it’s not a Money bill) for reconsideration of the State
Legislature.
• The President can promulgate ordinances (Article 123) when both the Houses of Parliament are not
in session. The ordinance is effective for a maximum period of 6 months and 6 weeks.
Executive Powers
• All executive actions of the Government of India are formally taken in his/her name.
• The President has the power to declare any area as a scheduled area and has powers concerning the
administration of scheduled areas and tribal areas.
• The President directly administers the UTs through administrators appointed by him.
• The President can appoint an inter-state council (Art.263) to promote Centre-state and inter-state
cooperation.
Judicial
• The President can seek advice from the Supreme Court on any question of law or fact therein. In this
case, advice tendered by the Supreme Court is not binding on the President.
• Article 72: He can grant pardon, reprieve, respite, and remission of punishment, or suspend, remit,
or commute the sentence of any person convicted of any offence in all cases: where the punishment
or sentence is by a court martial; where the punishment or sentence is for an offence against a Union
law; where the sentence is a sentence of death.
Pardon Removes both the sentence and the conviction and completely absolves the convict
from all sentences, punishments and disqualifications.

Commutation Denotes the substitution of one form of punishment for a lighter form.

Remission Reducing the period of a sentence without changing its character.

Respite Denotes awarding a lesser sentence in place of one originally awarded due to some
special fact.

Reprieve It implies a stay of the execution of a sentence (especially that of death) for a
temporary period.
Financial Powers
• The President lays down the Annual Financial Statement (Article 112).
• The President can make advances out of the Contingency Fund of India (Article 267(1)) to meet
unforeseen expenses.
• The President constitutes a Finance Commission (Article 280) every five years to recommend the
distribution of taxes between the centre and the States.
• No demand for a grant can be made except on his recommendation.
Military Powers
• The Supreme Command of the Defence Force is vested in the President and exercises it in accordance
with law.
• In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
• He can declare war or conclude peace, subject to the approval of the Parliament.

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21. President and the Governor - Comparison
President Governor

He/She is the head of the country. He/She is the head of a state.

Indirectly elected by an electoral college. Nominated by the president; representative of the

union in states.

Can be removed by impeachment. The President can remove him at any time.

Can’t send Money Bills for reconsideration. Can’t send Money Bills for reconsideration.
(President himself recommends the bill)

Can pardon death sentences and court-martial Can’t pardon death sentence, no role in military
sentences. matters.

Article 111 provides provisions related to assent Article 200 gives the power to governors to grant
to bills by the President. assent/withhold assent or reserve the bill for the
President's consideration.

22. The Vice President

• The Vice-President occupies the second highest office in the country. He is accorded a rank next to the
President in the official warrant of precedence.
• This office is modelled on the lines of the American Vice-President.
Election

Electoral college
• Both elected and nominated members of the Parliament (in the case of the president, only elected
members).
• It does not include the members of the state legislative assemblies (in the case of the President,
the elected members of the state legislative assemblies are included).
It is held in accordance with the system of proportional representation by means of the single
transferable vote and the voting is by secret ballot.

Qualifications, Term, Resignation, Removal, Vacancy & Terms of Office

• Qualifications: Similar to the President, except that he should be qualified for election as a member
of the Rajya Sabha.
• Term: The Vice-President holds office for a term of five years from the date on which he enters upon
his office.
• Resignation: He gives his resignation letter to the President.
○ He can also be removed from the office before the completion of his term.
○ A formal impeachment is not required for his removal. He can be removed by a resolution
passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok
Sabha.
• A vacancy in the Vice-President’s office can occur on the expiry of his tenure of five years, by his
resignation, on his removal and by his death.

Powers

• He acts as the ex-officio Chairman of the Rajya Sabha.

• He acts as President when a vacancy occurs in the office of the President due to his resignation,
impeachment, death or otherwise.
○ He can act as President only for a maximum period of six months, within which a new
President has to be elected.
○ When the sitting President is unable to discharge his functions due to absence, illness or any
other cause, the Vice-President discharges his functions until the President resumes his office.
• While acting as President or discharging the functions of the President, the Vice-President does not
perform the duties of the office of the chairman of Rajya Sabha.

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23. Cabinet Committees
• Cabinet committees are extra-constitutional in nature. They are not mentioned in the Constitution.
However, these are established under the Transaction of Business Rules.
• Cabinet committees are of two types - Standing and ad hoc.
○ Standing committees are of a permanent nature.
○ Ad hoc committees are established from time to time to deal with special problems.
• Cabinet committees are set up by the Prime Minister according to the exigencies of the time and
requirements of the situation. Hence, their number, nomenclature, and composition vary from time to
time.
There are a total of Eight cabinet committees.

Appointments Committee of the Cabinet. Cabinet Committee on Security.

Cabinet Committee on Economic Affairs. Cabinet Committee on Parliamentary Affairs.

Cabinet Committee on Political Affairs. Cabinet Committee on Employment & Skill

Development.

Cabinet Committee on Investment and Growth. Cabinet Committee on Accommodation.

24. The Parliament

• The Parliament of India consists of three parts viz, the President, the Council of States and the House
of the People.
Rajya Sabha (Council of States)

The maximum strength of the Rajya Sabha is 250 [out of which 238 members are representatives of the
states & UTs (elected indirectly) and 12 are nominated by the President].
• The current strength of the house is 245, 229 members represent the states, 4 members represent the
UTs, and 12 are nominated by the President.
• He/she must not be less than 30 years of age in the case of the Rajya Sabha to become its member.
• The requirement that a candidate contesting an election to the Rajya Sabha from a particular state
should be an elector in that particular state was dispensed with in 2003.

The representatives of states are elected by the members of state legislative assemblies.
• The representatives of each UT in the Rajya Sabha are indirectly elected by members of an electoral
college specially constituted for the purpose.
• Only three UTs (Delhi, Puducherry, and Jammu & Kashmir) have representation in the Rajya Sabha.
• The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a permanent body
and not subject to dissolution. However, one-third of its members retire every second year.
• The retiring members are eligible for re-election and renomination any number of times.
• The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the
Parliament.

• The presiding officer of the Rajya Sabha is known as the Chairman. The vice-president of India is
the ex-officio Chairman of the Rajya Sabha.
• The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the
office of the Vice-President.
• The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a
resolution for his removal is under consideration. However, he can be present and speak in the
House and can take part in its proceedings.
• Unlike the Speaker (who is a member of the House), the Chairman is not a member of the House.
• But like the Speaker, the Chairman also cannot vote in the first instance. However, he can cast a vote
in the case of an equality of votes.

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• The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members.
• The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the
Vice-President acts as President or discharges the functions of the President.
• He also acts as the Chairman when the latter is absent from the sitting of the House.

Lok Sabha (House of the People)

• It is the Lower House (First Chamber or Popular House) and it represents the people of India as a
whole.
• He/she must not be less than 25 years of age in the case of the Lok Sabha to become its member.
• According to the Representation of People Act (1951), he/she must be registered as an elector for a
parliamentary constituency.

The maximum strength of the Lok Sabha is fixed at 550, out of which 530 members are to be the
representatives of the states and 20 of the UTs.
• The current strength of Lok Sabha is 543, out of which 530 members represent the states and 13
represent the UTs.

• The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first
sitting). Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill
the vacancy.
• The date of election of the Speaker is fixed by the President.
• Usually, the Speaker remains in office during the life of the Lok Sabha. However, he has to vacate his
office earlier in any of the following three cases:
○ If he ceases to be a member of the Lok Sabha,
○ If he resigns by writing to the Deputy Speaker; and
○ If he is removed by a resolution passed by a majority of all then members of the Lok Sabha. Such
a resolution can be moved only after giving 14 days’ advance notice.
• He is the guardian of the powers and privileges of the members, the House as a whole and its
committees. He is the principal spokesman of the House, and his decision in all Parliamentary matters
is final.
• The Speaker of the Lok Sabha derives his powers and duties from three sources, that is, the
Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and
Parliamentary Conventions.
Key Powers of the Speaker
• He maintains order and decorum in the House for conducting its business and regulating its
proceedings.
• He adjourns the House or suspends the meeting in the absence of a quorum. The quorum to
constitute a meeting of the House is one-tenth of the total strength of the House.
• He presides over a joint sitting of the two Houses of Parliament. Such a sitting is summoned by the
President to settle a deadlock between the two Houses on a bill.
• He does not vote in the first instance. But he can exercise a casting vote in the case of a tie.
• He decides whether a bill is a money bill or not, and his decision on this question is final.
• He acts as the ex-officio chairman of the Indian Parliamentary Group, which is a link between the
Parliament of India and the various parliaments of the world.

• Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its
members.
• He is elected after the election of the Speaker has taken place.
• The date of election of the Deputy Speaker is fixed by the Speaker.

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Vacating of Seats
In the following cases, a member of Parliament vacates his seat.

Double A person cannot be a member of both Houses of Parliament at the same time.
Membership • If a person is elected to both the Houses of Parliament, he must intimate within
10 days in which House he desires to serve. In default of such intimation, his seat
in the Rajya Sabha becomes vacant.
• If a sitting member of one House is also elected to the other House, his seat in the
first House becomes vacant.
• If a person is elected to two seats in a House, he should exercise his option for
one. Otherwise, both seats become vacant.

Similarly, a person cannot be a member of both the Parliament and the state
legislature at the same time. If a person is so elected, his/her seat in Parliament
becomes vacant if he/she does not resign his/her seat in the state legislature
within 14 days.

Disqualification If a member of Parliament becomes subject to any of the disqualifications specified

in the Constitution, his seat becomes vacant.

Resignation • A member may resign his seat by writing to the Chairman of Rajya Sabha or
Speaker of Lok Sabha, as the case may be.
• However, the Chairman/ Speaker may not accept the resignation if he is satisfied
that it is not voluntary or genuine.

Absence A House can declare the seat of a member vacant if he is absent from all its meetings
for a period of sixty days without its permission.

Sessions of Parliament
Summoning

The President, from time to time, summons each House of Parliament to meet. But, the maximum gap
between two sessions of Parliament cannot be more than six months. There are usually three sessions
in a year, viz,
1. Budget Session (February to May);
2. Monsoon Session (July to September); and
3. Winter Session (November to December).

Lame-duck Session

• It refers to the last session of the preceding Lok Sabha after a new Lok Sabha has been elected.
• Those existing members who could not get re-elected to the new Lok Sabha are called Lame-ducks.

Adjournment

It suspends the work in a sitting for a specified time, which may be hours, days or weeks.

Adjournment Sine Die

• Adjournment sine die means terminating a sitting of Parliament for an indefinite period.
• The power of adjournment as well as adjournment sine die lies with the presiding officer of the
House.

Prorogation

• The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the
business of a session is completed.

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 • Within the next few days, the President issues a notification for prorogation of the session. However,
the President can also prorogue the House while in session.

Dissolution

• Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject
to dissolution.
• Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is
constituted after general elections are held.
• The dissolution of the Lok Sabha may take place in either of two ways:
○ Automatic dissolution, that is, on the expiry of its tenure of five years or the terms as extended
during a national emergency;
○ Whenever the President decides to dissolve the House, which he is authorised to do. Once the
Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.
• When the Lok Sabha is dissolved, all business, including bills, motions, resolutions, notices, petitions
and so on pending before it or its committees lapse.
• However, some pending bills and all pending assurances that are to be examined by the Committee
on Government Assurances do not lapse on the dissolution of the Lok Sabha. The position with
respect to the lapsing of bills is as follows:
○ A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it
by the Rajya Sabha).
○ A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
○ A bill not passed by the two Houses due to disagreement and if the President has notified the
holding of a joint sitting before the dissolution of Lok Sabha does not lapse.
○ A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
○ A bill passed by both Houses but pending assent of the President does not lapse.
○ A bill passed by both Houses but returned by the President for reconsideration of Houses does
not lapse.

Budget In The Parliament

The budget goes through the following six stages in the Parliament:
1. Presentation of • Conventionally, the budget is presented to the Lok Sabha by the Finance
Budget minister on the last working day of February.
• Since 2017, the budget presentation has been advanced to the 1st of February.
• There shall be no discussion of the budget on the day on which it is presented
to the House.
• The finance minister presents the budget with a speech known as the ' budget
speech’.

2. General • The general discussion on the budget begins a few days after its presentation.
Discussion It takes place in both Houses of Parliament and usually lasts for three to four
days.
• During this stage, the Lok Sabha can discuss the budget as a whole or on any
question of principle involved therein, but no cut motion can be moved nor
can the budget be submitted to the vote of the House.

3. Scrutiny by • After the general discussion on the budget is over, the Houses are adjourned
Departmental for about three to four weeks.
Committees • During this gap period, the 24 departmental standing committees of
Parliament examine and discuss in detail the demands for grants of the
concerned ministers and prepare reports on them. These reports are submitted
to both the Houses of Parliament for consideration.

4. Voting on • The Lok Sabha takes up voting on demands for grants. The demands are
Demands for presented ministrywise.

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 Grants • A demand becomes a grant after it has been duly voted.
• The voting of demands for grants is the exclusive privilege of the Lok Sabha,
that is, the Rajya Sabha has no power of voting the demands.
• Members can move motions to reduce any demand for grant. Such motions are
called as ‘cut motion’, which are of three types:
○ Policy Cut Motion: Represents the disapproval of the policy underlying
the demand. It states that the amount of the demand be reduced to Rs.1.
○ Economy Cut Motion: Represents the economy that can be affected in the
proposed expenditure. It states that the amount of the demand be reduced
by a specified amount.
○ Token Cut Motion: It ventilates a specific grievance that is within the
sphere of responsibility of the Government of India . It states that the
amount of the demand be reduced by Rs. 1OO.

5. The passing of • The Constitution states that ‘no money shall be withdrawn from the
Appropriation Consolidated Fund of India except under appropriation made by law’.
Bill • Accordingly, an appropriation bill is introduced to provide for the
appropriation, out of the Consolidated Fund of India, all money required to
meet:
(a) The grants voted by the Lok Sabha.
(b) The expenditure charged on the Consolidated Fund of India.
• No such amendment can be proposed to the appropriation bill in either house
of the Parliament that will have the effect of varying the amount or altering the
destination of any grant voted, or of varying the amount of any expenditure
charged on the Consolidated Fund of India.
• The Appropriation Bill becomes the Appropriation Act after it is assented to
by the President.
• This act authorises (or legalises) the payments from the Consolidated Fund of
India. This means that the government cannot withdraw money from the
Consolidated Fund of India till the enactment of the appropriation bill.
• The Constitution allows Lok Sabha to grant funds in advance for estimated
expenses before completing voting and passing the Appropriation Bill.
○ This provision is known as the 'Vote on Account'. It is passed (or granted)
after the general discussion on the budget is over.
○ It is generally granted for two months for an amount equivalent to one-
sixth of the total estimation.

6. The passing of • The Finance Bill is introduced to give effect to the financial proposals of the
Finance Bill Government of India for the following year. It is subjected to all the
conditions applicable to a Money Bill.
• According to the Provisional Collection of Taxes Act of 1931, the Finance Bill
must be enacted (i.e., passed by the Parliament and assented to by the
president) within 75 days.
• The Finance Act legalises the income side of the budget and completes the
process of the enactment of the budget.

Differences between Ordinary Bill and Money Bill

Ordinary Bill Money Bill

It can be introduced either in the Lok Sabha or It can be introduced in the Lok Sabha only.
the Rajya Sabha.

It can be introduced either by a minister or by a It can be introduced only by a minister.

private member.

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 It is introduced without the recommendation of It can be introduced only on the recommendation
the recommendation President. President.

It can be amended or rejected by the Rajya It cannot be amended or rejected by the Rajya
Sabha. Sabha.

It can be detained by the Rajya Sabha for a It can be detained by the Rajya Sabha for a
maximum period of six months. maximum period of 14 days only.

It does not require the certification of the It requires the certification of the Speaker when
Speaker when transmitted to the Rajya Sabha. transmitted to the Rajya Sabha.

It can be approved or rejected or returned for It can be approved or rejected but cannot be
reconsideration by the President. returned for reconsideration by the President.

Difference Between Financial Bill (I) and Financial Bill (II)

Financial Bill (I) [Article 117 (I)] Financial Bill (II) [Article 117 (3)]

Bill that not only contains exclusive matters Bill contains provisions involving expenditure from
of Article 110, but also contains other the Consolidated Fund of India, but does not include
matters of general legislation. any of the matters mentioned in Article 110.

• Can be introduced only in the Lok • Can be introduced in both Houses of Parliament.
Sabha. • Recommendation of the President is not
• Introduced only on the necessary for its introduction but is required at the
recommendation of the president. consideration stage.

Governed by the same legislative procedure applicable to an ordinary bill.

Devices of Parliamentary Proceedings

Question Hour

The first hour of every parliamentary sitting is slotted for the question hour. During this time, the
members ask questions, and the ministers usually give answers. The questions are of three kinds:
• A starred question (distinguished by an asterisk) requires an oral answer, and hence, supplementary
questions can follow.
• An unstarred question, on the other hand, requires a written answer and hence, supplementary
questions cannot follow.
• A short notice question is one that is asked by giving a notice of less than ten days. It is answered
orally.

Zero Hour

• The zero hour starts immediately after the question hour and lasts until the agenda for the day (i.e.,
regular business of the House) is taken up.
• It is an Indian innovation in the field of parliamentary procedures and has been in existence since
1962.

Motions

• No discussion on a matter of general public importance can take place except on a motion made with
the consent of the presiding officer.
• The House expresses its decisions or opinions on various issues through the adoption or rejection of
motions moved by either ministers or private members.

Motions are divided into three principal categories:

34
• Substantive Motion: It is a self-contained, independent proposal dealing with a very important
matter like the impeachment of the President or removal of the Chief Election Commissioner.
• Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes
an alternative to it. If adopted by the House, it supersedes the original motion.
• Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the
House without reference to the original motion or proceedings of the House.

Closure Motion

It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is
approved by the House, the debate is stopped forthwith, and the matter is put to vote.
There are four kinds of it:
1. Simple Closure: It is one when a member moves that the ‘matter having been sufficiently discussed
be now put to vote.
2. Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into
parts before the commencement of the debate. The debate covers the part as a whole and the entire
part is put to vote.
3. Kangaroo Closure: Under this type, only important clauses are taken up for debate and voting, and
the intervening clauses are skipped over and taken as passed.
4. Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote
along with the discussed ones due to want of time.

Privilege Motion

• It is concerned with the breach of parliamentary privileges by a minister.

• It is moved by a member when he feels that a minister has committed a breach of privilege of the
house or one or more of its members by withholding facts of a case or by giving wrong or distorted
facts.

Calling Attention Motion

• It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent
public importance and to seek an authoritative statement from him on that matter.
• It is an Indian innovation in the parliamentary procedure and has been in existence since 1954.

Adjournment Motion

• It is introduced in the Parliament to draw the attention of the House to a definite matter of urgent
public importance.
• It needs the support of 50 members to be admitted.
• It involves an element of censure against the government and hence Rajya Sabha is not permitted to
make use of this device.
• The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

No-Confidence Motion

• Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the
Lok Sabha. It means that the ministry stays in office so long as it enjoys the confidence of the majority
of the members of the Lok Sabha.
• The motion needs the support of 50 members to be admitted.

Confidence Motion

• The governments formed with wafer-thin majorities have been called upon by the President to prove
their majority on the floor of the House.
• The government of the day, sometimes, on its own, seeks to prove its majority by moving a motion
of confidence and winning the confidence of the House. If the confidence motion is negatived, it
results in the fall of the government.

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Censure Motion

• It should state the reasons for its adoption in the Lok Sabha.
• It can be moved against an individual minister or a group of ministers or the entire council of
ministers. It is moved for censuring the council of ministers for specific policies and actions.
• If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

Motion of Thanks

• The first session after each general election and the first session of every fiscal year is addressed
by the President. In this address, the president outlines the policies and programmes of the
government in the preceding year and ensuing years.
• This motion must be passed in the House. Otherwise, it amounts to the defeat of the Government.

Dilatory Motion

• It is a motion for the adjournment of the debate on a bill /motion/resolution etc. or a motion to retard
or delay the progress of a business under consideration of the House.
• It can be moved by a member at any time after a motion has been made.
• The debate on a dilatory motion must be restricted to the matter contained in such motion. If the
Speaker is of the opinion that such a motion is an abuse of the rules of the House, he may either
forthwith put the question thereon or decline to propose the question.

Point of Order

• A member can raise a point of order when the proceedings of the House do not follow the normal
rules of procedure.
• It is usually raised by an opposition member in order to control the government. It is an extraordinary
device as it suspends the proceedings before the House. No debate is allowed on a point of order.

Special Mention

• A matter which is not a point of order or which cannot be raised during question hour, half-an hour
discussion, short duration discussion or under adjournment motion, calling attention notice or under
any rule of the House can be raised under the special mention in the Rajya Sabha.
• Its equivalent procedural device in the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.

Resolutions

It is a self-contained, independent proposal submitted for the approval of the House and drafted in such
a way as to be capable of expressing a decision of the House. All resolutions are substantive motions.
Resolutions are classified into three categories:
1. Private Member’s Resolution: It is moved by a private member (other than a minister). It is discussed
only on alternate Fridays and in the afternoon sitting.
2. Government Resolution: It is moved by a minister. It can be taken up any day from Monday to
Thursday.
3. Statutory Resolution: It can be moved either by a private member or a minister. It is so called because
it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

Parliamentary Committees
• The Constitution of India makes a mention of these committees at different places, but without
making any specific provisions regarding their composition, tenure, functions, etc.
• A parliamentary committee means a committee that is appointed or elected by the House or
nominated by the Speaker/Chairman; Works under the direction of the Speaker/Chairman; Presents
its report to the House or to the Speaker/Chairman; and Has a secretariat provided by the Lok
Sabha/Rajya Sabha.

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Financial Committees in Brief

Public Accounts Committee

Formed in This committee was set up first in 1921 under the provisions of the Government of
India Act of 1919.

Key function They examine the annual reports of the Comptroller and Auditor General of India.

Composition They consist of 22 members, 15 from Lok Sabha and 7 from Rajya Sabha. They are
elected by two houses.

Other details The chairman is appointed by the speaker from the opposition party.
A minister cannot be elected as a member.

Estimate Committees

Formed in The origin of this committee can be traced to the standing financial committee set up in
1921. The first Estimates Committee in the post-independence era was constituted in
1950 on the recommendation of John Mathai, the then finance minister.

Key function It works to check annual budget estimates to report the efficiency of the existing
economic policies.

Composition It consists of 30 members, all from the Lok Sabha, elected for one year. The Rajya Sabha
has no representation in this committee. The ruling party elects the chairman by the
speaker of the Lok Sabha.

Other details The chairman of the committee is appointed by the Speaker from amongst its members
and he is invariably from the ruling party. A minister cannot be elected as a member.

Committee on Public Undertakings

Formed in This committee was created in 1964 on the recommendation of the Krishna Menon
Committee.

Key function The works of this committee are to check reports of the Public Undertakings. Also, they
analyze the reports of the CAG on public undertakings.

Composition They consist of 22 members, 15 from Lok Sabha and 7 from Rajya Sabha. The two
houses elected them for one year.

Other details The chairman of the committee is appointed by the Speaker from amongst its
members.

25. State Legislatures

• Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers and so on of the state legislature.
• There is no uniformity in the organisation of state legislatures – a mix of Unicameralism and
Bicameralism.
• States having a unicameral system (22 states), the State Legislature consists of the: Governor and
Legislative Assembly.
• States having a bicameral system (6 states), the State Legislature consists of the: Governor, Legislative
Assembly and Legislative Council.
• The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders),
while the Legislative Assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

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States with Bicameral Legislature:
Andhra Pradesh Telangana Karnataka

Bihar Maharashtra Uttar Pradesh

Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act,
2019.

Legislative Assembly

• The legislative assembly consists of representatives directly elected by the people on the basis of
universal adult franchise.
• The minimum and maximum strength of the State legislative assembly is 60 and 500 respectively.
• The normal term is 5 years from the date of the first session. However, the Governor can dissolve it
anytime.

Legislative Council

• The strength of the legislative council is a minimum of 40 to a maximum of one-third that of the
legislative assembly. This arrangement ensures the predominance of the directly elected House
(assembly) in the legislative affairs of the state.
• The constitution has fixed the maximum and minimum limits but actual strength is fixed by
Parliament.
○ 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
○ 1/12 are elected by graduates of three years standing and residing within the state,
○ 1/12 are elected by teachers of three years standing in the state, not lower in standard than
secondary school,
○ 1/3 are elected by the members of the legislative assembly of the state from amongst persons who
are not members of the assembly, and
○ The remainder are nominated by the governor from amongst persons who have a special
knowledge or practical experience of literature, science, art, cooperative movement and social
service.
• Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are
nominated by the governor.
• The legislative council is a permanent body. One third members retires every two years, and the
vacancy is filled at the beginning of the third year.
• The term of each member is 6 years. A member can be re-elected or re-nominated any number of
times.

26. Supreme Court and High Court

High Court Supreme Court

It occupies the top position in the judicial It occupies the top position in the judicial
administration of a state. administration of the country.

The judges are appointed by the President. In
the Third Judges case ( 1998), the Supreme
Court opined that in case of the appointment of
high court judges, the chief justice of India
should consult a collegium of two senior-most
judges of
the Supreme Court.
The judges are appointed by the President. In the
Third Judges case (1998), the Court opined that the
Chief Justice of India should consult a collegium of
four senior-most judges of the Supreme Court and
even if two judges give an adverse opinion, he/she
should not send the recommendation to the
government.

38
 He/she holds office until he/she attains the age He/she holds office until he/she attains the age of 65
of 62 years. years.

Every high court (whether exclusive or common) At present, the Supreme Court consists of
consists of a chief justice and such other judges thirty-four judges (one chief justice and thirty-three
as the President may from time to time deem other judges).
necessary to appoint.

The retired permanent judges of a high court are The retired judges of the Supreme Court are
prohibited from pleading or acting in any court prohibited from pleading or acting in any Court or
or before any authority in India except the before any authority within the territory of India.
Supreme Court and the other high courts.

Other Important points about the Supreme Court:

1. Qualification of Judges:
• He should be a Citizen of India.
• He should have been a judge of an HC (or high courts in succession) for 5 years.
• He should have been an advocate of a High Court (or High Courts in succession) for ten years.
• Distinguished jurist in the opinion of the President (Note: No such condition in case of HC).
• No minimum age prescribed by the constitution for appointment as a judge of the Supreme Court.
2. Oath or Affirmation: Before the President, or some person appointed by him for this purpose.
3. Salaries and Allowances: Determined from time to time by the Parliament.
4. Removal of Judges:
a. Removed by order of the President only on Parliament’s recommendations.
b. The address must be supported by a special majority of each House of Parliament.
c. An impeachment motion for the removal of a judge does not lapse on the dissolution of the Lok
Sabha.
5. Procedure of the Court:
a. Constitutional cases or references made by the President under Article 143 (Advisory
Jurisdiction) are decided by a bench of at least five judges.
b. All other cases are decided by single judges and division benches.
6. Jurisdiction:
a. Writ Jurisdiction(Article 32): Aggrieved can go directly to the Supreme Court. The Supreme Court
has original but not exclusive jurisdiction, as high courts can also issue writs.
b. Court of Record (Article 129): Judgment, proceedings and acts of the Supreme Court are recorded
for perpetual memory and testimony. They have evidentiary value and cannot be questioned by
any court.
c. Original Jurisdiction (Article 131): Original (power to hear such disputes in the first instance, not
by way of appeal) and exclusive (only the Supreme Court has the power to hear such cases)
jurisdiction in dispute between the State and centre, State and other states etc.
d. Appellate Jurisdiction (Article 132): In constitutional, Civil and Criminal matters
e. Appeal by Special Leave (Article 136): Special leave to appeal from any judgment in any matter
passed by any court or tribunal in the country. Exceptions: Court-martial or military tribunal.
f. Advisory Jurisdiction (Article 143): The President can seek the opinion of the SC.

Contempt of Court
Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted
criticism.

Statutory Basis

• Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of
itself. Whereas, Article 215 conferred a corresponding power on the High Courts.

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 • The expression 'contempt of court' has not been defined by the Constitution. However, the
expression has been defined by the Contempt of Courts Act of 1971.

Kinds of Contempt of Court

• Civil Contempt: It is the wilful disobedience to any judgment, decree, direction, order, writ or other
process of a court or wilful breach of an undertaking given to a court.
• Criminal Contempt: It is the publication of any matter or the doing of any other act which
scandalises or lowers the authority of any court, or interferes with the due course of any judicial
proceeding, or obstructs the administration of justice in any other manner.

Punishment

• The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six
months or a fine of ₹2000 or both.
• The Act also provides that no court shall initiate any proceedings of contempt after the expiry of one
year from the date on which the contempt is alleged to have been committed.

27. Anti-Defection Law

The 52nd Amendment Act of 1965 provided for the disqualification of the members of Parliament and
the state legislatures on the grounds of defection from one political party to another. This act
is often referred to as the 'anti-defection law’.
• For this purpose, it made changes in four Articles (Articles 101, 102, 190 and 191) of the Constitution
and added a new Schedule (the Tenth Schedule) to the Constitution.
• Later the 91st Constitutional Amendment Act, 2003, altered this and now at least two-thirds of the
members of a party must be in favour of a "merger" for it to have validity before the law.
• The decision on questions as to disqualification on grounds of defection by the Chairman or the
Speaker of such House is subject to ‘Judicial review’. The law does not provide a timeframe within
which the presiding officer has to make a decision on the case referred.

Grounds

• Member of Parliament or State Legislature belonging to a political party is deemed to have defected
if he either voluntarily resigns or gives up the membership of his political party, or he disobeys the
directives of the party leadership on a vote or abstains from voting without taking prior permission
of such party and such act has not been condoned by the party within 15 days.
• An independent candidate joins any political party after the election.
• A nominated member six months from the date on which he/she takes his/ her seat in the House.

Exceptions

• Defection does not apply in the following two cases:

○ Any person elected as speaker or chairman could resign from his party, and rejoin the party if he
ceases to hold office.
○ If a member goes out of his/her party as a result of a merger of the party with another party.

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 D. LOCAL GOVERNMENT

28. Panchayati Raj

The Panchayati Raj system in India is a three-tiered system consisting of Gram Panchayats (village level),
Panchayat Samitis (block level), and Zila Parishads (district level).
● 73rd Constitutional Amendment Act, 1992, which came into force on 24 April, 1993 has provided
constitutional status to the Panchayti Raj system in India.
● This act has added a new Part-IX to the Constitution of India. This part is entitled as 'The Pa nchayats'
a nd co nsists of provisions from Articles 243 to 243-O.

Salient Features

Gram Sabha • The act provides for a Gram Sabha as the foundation of the Panchayati raj
system.
• It is a body consisting of persons registered in the electoral rolls of a village
comprised with in the area of Panchayat at the village level.

Three-Tier System • The act provides for a three-tier system of panchayati raj in every state, that is,
panchayats at the village, intermediate, and district levels.

Election of • All the members of panchayats at the village, intermediate and district levels
Members and shall be elected directly by the people.
Chairpersons • The chairperson of a panchayat and other members of a panchayat elected
directly or indirectly shall have the right to vote in the meetings of the
panchayats.

Reservation of • The act provides for the reservation of seats for scheduled castes and
Seats scheduled tribes in every panchayat (i.e., at all the three levels) in proportion
of their population to the total population in the panchayat area.
• The act provides for the reservation of not less than one-third of the total
number of seats for women (including the number of seats reserved for
women belonging the SCs and STs).
• Further, not les than one-third of the total number of offices of chairpersons in
the panchayats at each level shall be reserved for women.

Duration of • The act provides for a five-year term of office to the panchayat at every level.
Panchayats • However, it can be dissolved before the completion of its term. Further, fresh
elections to constitute a panchayat shall be completed (a) before the expiry of
its duration of five years; or (b) in case of dissolution, before the expiry of a
period of six months from the date of its dissolution.

Disqualifications • A person shall be disqualified for being chosen as or for being a member of
panchayat if he is so disqualified, (a) under any law for the time being in force
for the purpose of elections to the legislature of the state concerned, or (b)
under any law made by the state legislature.

Elections • The superintendence, direction and control of the preparation of electoral rolls
and the conduct of all elections to the panchayats shall be vested in the state
election commission.

Finances • The governor of a state shall, after every five years, constitute a finance
commission to review the financial position of the panchayats.

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Evolution
The Panchayati Raj system in India has undergone several changes since its inception in the 1950s.
Balwant Rai Mehta Committee (1957)

• The committee suggested a three-tier PRIs, namely,

○ Grama Panchayats (GPs) at the village level,
○ Panchayat Samiti (PSs) at the block level, and
○ Zilla Parishad (ZPs) at the district level.
• Rajasthan was the first state to establish Panchayati Raj. It was inaugurated in 1959 in Nagaur
district.

Ashok Mehta Committee (1977)

• The committee recommended a two-tier Panchayat Raj institutional structure consisting of Zilla
Parishad and Mandal Panchayat.
• In order to use planning expertise and to secure administrative support, the district was suggested as
the first point of decentralization below the state level.

G.V.K. Rao Committee (1985)

• The committee stated that "the district is the proper unit for planning and development and the Zila
Parishad should become the principal body for the management of all development programmes
which can be handled at that level."

L.M.Singhvi committee (1986)

• It recommended providing more financial resources and constitutional status to the panchayats to
strengthen them.
• Judicial tribunals should be established to adjudicate judicial matters related to PRI.

29. Urban Local Bodies

Date Evolution in India

1687-88 The first municipal corporation was set up in Madras

1726 Municipal corporations were set up in Bombay and Calcutta

1870 Lord Mayo’s Resolution on financial decentralisation was released. It put forward the
development of local self-government institutions.

1882 Lord Ripon’s Resolution was released. It was hailed as the ‘Magna Carta’ of local self-
government. Lord Ripon is called the father of the local-self government in India.

1907 The Royal Commission on Decentralisation was appointed

1909 The Royal Commission on Decentralisation submitted its report

1919 Government of India Act 1919 came out and under it the dyarchical scheme was introduced
in Provinces. Local self-government became a transferred subject under the charge of a
responsible Indian minister.

1924 The Cantonments Act was passed by the Central legislature.

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1935 The Government of India Act, 1935 came out and under the provincial autonomy scheme
introduced by the local self-government was declared a provincial subject.

1989 Initially, the 65th Constitutional Amendment Bill (Nagarpalika Bill) was introduced in the
Lok Sabha.

1992 Eventually, the 65th Constitutional Amendment Bill emerged as the 74th Constitutional
Amendment Act, 1992 and came into force on 1 June, 1993. (During the prime ministership
of P.V. Narasimha Rao)

Types of Urban Govt.

Municipal Corporation
• Created for the administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and
others.
• They are established in the states by the acts of the concerned state legislatures, and in the union
territories by the acts of the Parliament of India.
• A municipal corporation has three authorities, namely, the council, the standing committees and the
commissioner.
• The municipal commissioner is the chief executive authority of the corporation. He/she is appointed
by the state government.

Municipality
• For administration of towns and smaller cities.
• Unlike Municipal corporations, the head of the council is called the President/Chairman and in place
of the commissioner, they have a chief executive officer/chief municipal officer.

Notified Area Committee

• Created for the administration of fast developing town and a town which does not yet fulfil all the
conditions necessary for the constitution of a municipality.
• Created by a notification and unlike the municipality. It is an entirely nominated body, by the state
government. Neither a statutory body nor an elected body.

Town Area Committee

• Set up by a separate act of the state legislature for administration of small towns.
• May be wholly elected or wholly nominated or partly elected and partly nominated as provided by
the state government.

Cantonment Board
• Municipal administration for the civilian population in the cantonment areas. Set up under the
provisions of the Cantonment Act, 2006 by the central government.
• It is under the ambit of the Defence Ministry of the central government. It is partly elected and partly
nominated.
• Ex-officio President – Military officer commanding the station.
• Vice president – Elected amongst the elected members of the board.
• Executive officer – Appointed by the President of India.

Township
• Established by public enterprises to provide civic amenities to its staff and workers.
• It is not an elected body and all members are appointed by the enterprise.

Port Trust
• Created by an Act of Parliament. Consists of both elected and nominated members.
• To manage and protect the ports and to provide civic amenities.

Special Purpose Agency

• To undertake designated activities or specific functions. These are function-based, not area-based.
• Known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ or ‘functional local bodies’.
• Established as statutory bodies by an act of state legislature or as departments by an executive
resolution.
• Function as an autonomous body and are not subordinate agencies to local municipal bodies.

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 E. CONSTITUTIONAL AND NON-CONSTITUTIONAL BODIES

30. Constitutional Bodies

Election Commission of India

Establishment Article 324 deals with the Election Commission and other aspects related to it

Major Objective • ECI administers elections to the Lok Sabha, Rajya Sabha, and State Legislative
Assemblies in India, and the offices of the President and Vice-President in the
country.
• It is not concerned with the elections to panchayats and municipalities in the
states. For this, the Constitution of India provides for a separate State Election
Commission.

Composition • The Election Commission shall consist of the Chief Election Commissioner
(CEC) and such number of other election commissioners, if any, as the
President may from time-to-time fix.
• Presently, it consists of the CEC and two Election Commissioners (ECs).

Qualification • There is no specific qualification mentioned.

Appointment • The President appoints CEC and Election Commissioners as per the CEC and
and Tenure Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
• They have a tenure of six years, or up to the age of 65 years, whichever is
earlier.
• The law provides that a CEC and other ECs be appointed from amongst
persons who are holding or have held a post equivalent to the rank of secretary
to the government of India and who are persons of integrity with knowledge
of and experience in the management and conduct of elections.
• A panel comprising the Prime Minister; the Leader of the Opposition in Lok
Sabha and a Union cabinet minister to be nominated by the Prime Minister,
shall recommend the name for the appointment to be made by the President.
• CECs and ECs shall not be eligible for re-appointment.
• The salary and conditions of service of the CEC and ECs will be equivalent to
that of the Cabinet Secretary. Under the 1991 Act, it was equivalent to the salary
of a Supreme Court Judge.

Removal and • They can resign anytime or can also be removed before the expiry of their
Resignation term.
• The CEC can be removed from office only through a process of removal similar
to that of a SC judge by Parliament, while ECs can only be removed on the
recommendation of the CEC.

Comptroller and Auditor-General (CAG)

Establishment Article 148 provides for an independent office of the Comptroller and Auditor
General of India (CAG).

Major objective • He/she is the guardian of the public purse and controls the entire financial
system of the country at both the levels-the Centre and the state
• His/her duty is to uphold the Constitution of India and laws of Parliament in
the field of financial administration.

Appointment • The CAG is appointed by the President by warrant under his hand and seal.

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and Tenure • The salary is determined by Parliament by law.
• He holds office for a period of six years or up to the age of 65 years, whichever
is earlier.

Removal and • He can be removed by the President on the same grounds and in the same
Resignation manner as a judge of the Supreme Court.
• He can resign at any time from his office by addressing the resignation letter to
the President.
• He or she is not eligible for further office under both central as well as state
government.

UPSC (Union Public Service Commission)

Establishment Article 315 to Article 323 in Part XIV deals with it.

Major objective • The UPSC is the central recruiting agency. It is responsible to maintain the
meritocracy system and bring in the best suitable people for the posts.
• It conducts the examination and sends its recommendation to the government
for the recruitment of personnel for All-India services and central services in
Group A and Group B.

Composition A Chairman and such number of other members as determined by the President of
India.

Qualification • No qualifications are prescribed for the Commission’s membership except that
one-half of the members of the Commission should be such persons who have
held office for at least ten years either under the Government of India or under
the government of a state.

Appointment • He/She is appointed by the President of India.

and Tenure • 6 years or until they attain the age of 65 years, whichever is earlier.

Removal and • By the President of India, in the manner and on the grounds mentioned in the
Resignation Constitution.
• In case of ground of ‘Misbehavior’, the President has to refer the matter to the
Supreme Court for an enquiry. If the Supreme Court upholds the cause of
removal and advises so, the President can remove the Chairman or a member
of the UPSC. The advice tendered by the Supreme Court in this regard is
binding on the President.
• Can resign by writing to the President of India.
• Other members are eligible for appointment as the Chairman of UPSC or a State
Public Service Commission, but not for any other employment.
• The Chairman or a member is not eligible for the second term.

SPSC (State Public Service Commission)

Establishment Article 315 to Article 323 in Part XIV deals with the SPSC.

Major objective The SPSC conducts the examinations for the appointment to the services of the
State.

Composition A Chairman and such number of other members as determined by the Governor.

Qualification • No qualifications are prescribed for the commission’s membership except that
one-half of the members of the commission should be such persons who have

45
 held office for at least ten years either under the government of India or under
the Government of a state.

Appointment • By the Governor of the state.

and Tenure • 6 years or until they attain the age of 62 years, whichever is earlier.

Removal and • By the President of India, in the manner and on the grounds mentioned in the
Resignation Constitution.
• In case of ground of ‘Misbehavior’, the President has to refer the matter to the
Supreme Court for an enquiry. If the Supreme Court upholds the cause of
removal and advises so, the President can remove the Chairman or a member
of the SPSC. The advice tendered by the Supreme Court in this regard is
binding on the President.
• Can resign by writing to the Governor.
• The Chairman is eligible for appointment as the Chairman or a member of the
UPSC or as the chairman of any other SPSC, but not for any other employment.
• The Chairman or a member is not eligible for the second term.

Finance Commission

Establishment Article 280 provides for a Finance Commission as a quasi-judicial body.

Major objective To make recommendations regarding the distribution of the net proceeds of taxes
to be shared between the Centre and the states, and the allocation between the states
of the respective shares of such proceeds.

Composition A Chairman and four other members

Qualification • The Constitution authorises the Parliament to determine the qualifications of

members of the commission and the manner in which they should be selected.
The qualifications set by the Parliament are as follows:
○ The chairman should be a person having experience in public affairs and the
four other members should be selected from amongst the following:
▪ A judge of high court or one qualified to be appointed as one.
▪ A person who has specialised knowledge of finance and accounts of the
government.
▪ A person who has wide experience in financial matters and in
administration.
▪ A person who has special knowledge of economics.

Appointment • By the President of India.

and Tenure • Period of office as specified by the President in his/her order.
• Eligible for reappointment

National Commission for Scheduled Castes (NCSC)

Establishment Article 338

Major objective To provide safeguards against the exploitation of the Scheduled Castes as well as to
protect their social, economic, educational, and cultural interests

Composition A Chairperson, a Vice-Chairperson, and three other members

Appointment • By the President of India

and Tenure • Term: 3 years
• Not eligible for the appointment for more than two terms

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 National Commission for Scheduled Tribes (NCST)

Establishment Article 338-A

Major objective To provide safeguards against the exploitation of the Scheduled Tribes as well as to
protect their social, economic, educational, and cultural interests.

Composition A Chairperson, a Vice-Chairperson, and three other members

Appointment • By the President of India

and Tenure • Term: 3 years
• Not eligible for the appointment for more than two terms

National Commission for Backward Classes (NCBC)

Establishment • Article 338-B

• 102nd Constitutional Amendment Act of 2018 conferred a constitutional
status on the Commission.

Major objective To provide safeguards against the exploitation of the socially and educationally
Backward Classes (BCs) as well as to protect their social, economic, educational, and
cultural interests

Composition A Chairperson, a Vice-Chairperson, and three other members

Appointment • By the President of India

and Tenure • Term: 3 years
• Not eligible for the appointment for more than two terms

Special Officer for Linguistic Minorities (CLM)

Establishment • The 7th Constitutional Amendment Act of 1956 inserted a new Article 350-B
in Part XV II of the Constitution.

Major objective • To investigate all matters related to safeguards provided to linguistic

minorities.
• To monitor the implementation of safeguards through questionnaires, visits,
conferences, seminars, meetings, review mechanisms, etc.

Composition The Commissioner for Linguistic Minorities (CLM) [One membered body]

Appointment • By the President of India

and Tenure • It falls under the purview of the Ministry of Minority Affairs

Attorney General Of India

Establishment Article 76 has provided for the office of the Attorney General for India.

Major objective Acts as the chief law officer of the Government of India. He/she is the highest
law officer in the country.

Qualification He must be a person who is qualified to be appointed a judge of the Supreme Court.

Appointment • By the President of India

and Tenure • Term is not fixed by the Constitution

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 Resignation and • Can resign by writing to the President of India
Remuneration • Remuneration:- Determined by the President

Advocate General of the States

Establishment Article 165 has provided for the office of the advocate general for the states.

Major objective Acts as chief law officer of the government in the state. He/ she is the highest law
officer in the state.

Qualification He must be a person who is qualified to be appointed a judge of a High court.

Appointment • By the Governor of the State

and Tenure • Term: Not fixed by the Constitution

Resignation and • Can resign by writing to the Governor of the State

Remuneration • Remuneration:- Determined by the Governor

GST Council

Establishment 101st Constitutional Amendment Act of 2016 inserted a new Article 279-A
in the Constitution.

Major objective To make recommendations to the Centre and the states on the following matters:
• The taxes, cesses and surcharges levied by the Centre, the States and the local
bodies that would get merged in GST.
• The goods and services that may be subjected to GST or exempted from GST.

Composition • The Union Finance Minister as the Chairperson.

• The Union Minister of State in charge of Revenue or Finance.
• The Minister in charge of Finance or Taxation or any other Minister
nominated by each State Government.
• The Chairperson of the Central Board of Indirect Taxes and Customs (CBlC)
is a permanent invitee (non-voting) to all proceedings of the Council.
• The members of the Council from the states have to choose one amongst
themselves to be the Vice-Chairperson of the Council. They can also decide his
term.

Secretariat New Delhi. The Union Revenue Secretary acts as the ex-officio Secretary to the
Council.

31. Non-Constitutional/Statutory Bodies

National Human Rights Commission

Establishment By an Act of Parliament (Protection of Human Rights Act, 1993)

Major • It was established to protect and promote human rights in India.

Objective • It is responsible for reviewing and addressing human rights violations and
making recommendations for the protection and promotion of human rights.

Composition Chairperson, five full-time members, and seven ex-officio members

Qualifications • Chairperson – Retired CJI or Judge of the SC.

• Members

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 ○ Serving or retired judge of SC;
○ Serving or retired CJ of a HC
○ 3 others (at least one woman) having knowledge or practical experience of
human rights.

Appointment The chairperson and members of the NHRC are appointed by the President of India,
based on the recommendations of a six-member committee consisting of
• Prime Minister (As its head)
• Speaker of the Lok Sabha
• Central home minister
• Leader of the Opposition (Lok Sabha)
• Leader of the Opposition (Rajya Sabha)
• Deputy Chairman (Rajya Sabha)

Tenure • Three years or till the age of seventy years, whichever is earlier. (for both the
Chairperson and Members)
• After their tenure, the chairperson and members are not eligible for further
employment under the Central or state government.

Removal • The Chairperson or any other Member of the Commission shall be removed from
his office by order of the President on the ground of proved misbehaviour or
incapacity after the inquiry of the Supreme Court.
• The President also, by order, removes from office the Chairperson or any other
Member if the Chairperson or such other Member:
○ Is adjudged an insolvent.
○ Engages during his term of office in any paid employment outside the duties
of his office.
○ Is unfit to continue in office by reason of infirmity of mind or body.
○ Is of unsound mind and stands so declared by a competent court.
○ Is convicted and sentenced to imprisonment for an offence which, in the
opinion of the President, involves moral turpitude.

State Human Rights Commission (SHRC)

Establishment By an Act of Parliament (Protection of Human Rights Act 1993)

Composition The State Commission shall consist of a Chairperson and 2 members

Qualifications • Chairperson:- Retired Chief Justice or a Judge of a High Court

• Member:- They should be a serving or retired judge of a High Court or a District
Judge in the state with a minimum of seven years experience as District Judge and
a person having knowledge or practical experience with respect to human rights.

Appointment The Chairperson and other Members shall be appointed by the Governor after
obtaining the recommendation of a Committee consisting of:
• The Chief Minister (As its head)
• Speaker of the Legislative Assembly
• The state home minister
• Leader of the Opposition in the Legislative Assembly.

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 In the case of a state having a Legislative Council, the chairman of the Council and
the leader of the opposition in the Council would also be the members of the
committee.

Tenure • Three years or till the age of seventy years whichever is earlier. (for both the
Chairperson and Members).
• After their tenure, the chairperson and members are not eligible for further
employment under the Central or state government.

Removal The Chairperson or any other Member of the Commission shall be removed from his
office by order of the President on similar grounds as that of the Chairperson and
members of the NHRC.

CBI

Establishment • Established in 1963 by a resolution of the Ministry of Home Affairs, Government

of India.
• The CBI is not a statutory body but derives its power to investigate from the
Delhi Special Police Establishment Act, 1946.

Major • It is the premier investigating police agency in India.

Objective • It functions under the superintendence of the Dept. of Personnel, Ministry of
Personnel, Pension & Public Grievances, Government of India - which falls
under the prime minister’s office.
• However, for investigation of offences under the Prevention of Corruption Act,
CBI vests superintendence to the Central Vigilance Commission.

Composition The CBI is headed by a Director. He/she is assisted by special director(s) and
additional director(s).

Appointment The Central Government shall appoint the Director of CBI on the recommendation
of a three-member committee consisting of the Prime Minister as Chairperson, the
Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of
the Supreme Court nominated by him /her.

Central Vigilance Commission (CVC)

Establishment • It was established in 1964 by an executive resolution of the Central government.

• It was conferred statutory status by the Central Vigilance Commission Act, 2003.
• Its establishment was recommended by the Santhanam Committee on Prevention
of Corruption (1962–1964).

Major It has been designated as the agency to receive and act on complaints or disclosure
Objective on any allegation of corruption or misuse of office from whistle-blowers under the
"Public Interest Disclosure and Protection of Informers' Resolution" (PlDPI), 2004,
which is popularly known as "Whistle Blowers" Resolution.

Composition Central Vigilance Commissioners & Other Vigilance Commissioners (Not more
than 2)

Appointment • By the President

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 • Selection Committee (3 Members): PM (As its head), Leader of Opposition (LS)
and Union Home Minister.

Tenure and • Term:- 4 Years or the age of 65 years, whichever is earlier.

Salary • Salary:- allowances of the Central Vigilance Commissioner are similar to those
of the Chairman of UPSC and that of the Vigilance Commissioner are similar to
those of a member of UPSC.
• Not eligible for further appointment under State or Central Government.

Removal • Removed by President and procedure is similar to NHRC

• Can resign by writing to the President

Central/State Information Commission (CIC)

Establishment • Under an act of Parliament (Right to Information Act, 2005).

Major • It is the duty of the Commission to receive and inquire into a complaint from any
Objective person regarding information requested under RTI, 2005.
• It entertains complaints' and appeals pertaining to offices, financial institutions,
public sector undertakings, etc., under the Central Government/State
government and the Union Territories.

Composition • Chief Information Commissioners/State Information Commissioners & Other

ICs (Not more than 10).

Qualifications • Persons of eminence in public life with wide knowledge and experience in law,
science and technology, social service, management, journalism, mass media or
administration and governance.
• Not be a Member of Parliament or Member of the Legislature of any State or
Union Territory.

Appointment • By the President/Governor

• CIC Selection Committee (3 Members): PM (As Chairperson), Leader of
Opposition (LS) and Union Cabinet Minister nominated by PM.
• SIC Selection Committee (3 Members): CM (As Chairperson), Leader of
Opposition (SLA) and State cabinet minister nominated by CM.

Tenure • Term as prescribed by the Central Government or age of 65 years.

• Not eligible for reappointment (Information commissioners are eligible for
respective Chief IC but total term not more than 5 years).

Removal • Removed by President and procedure is similar to NHRC in case of Chief

Information Commissioners
• Removed by Governor and procedure is similar to SHRC in case of State
Information Commissioners.

Lokpal

Establishment Under an act of Parliament (Lokpal and Lokayukta Act, 2013) Lokpal at Centre and
Lokayukta at State.

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Major • They perform the function of an "ombudsman” and inquire into allegations of
Objective corruption against certain public functionaries and for related matters.

Composition • Chairperson with a maximum of 8 members (50% judicial members).

• Minimum 50% of members shall be from SCs, STs, OBCs, Minorities and
Women.

Qualifications • Judicial Member – Current or former judges of SC or CJ of HC.

• Non-Judicial Member – Eminent person min. 25 years of expertise & special
knowledge of Anticorruption Policy, Public Administration, Vigilance, Finance,
Insurance Banking, Law & Management.

Appointment • By the President of India

• Selection Committee (3 Members): PM, Speaker, Leader of the Opposition (LS),
the CJI or CJI Nominee from SC and an eminent jurist to be nominated by the
President of India on the recommendations of the first four members of the
selection committee.
• Search Committee- To assist the Selection Committee (50% of the members shall
be from SCs, STs, OBCs, Minorities and women).

Tenure and • Term – 5 Years or the age of 70 years.

Salary • Salary Allowance Chairperson equivalent to CJI and Member-Judge of SC.

Resignation • Can resign by writing to the President

Others • Lokpal’s jurisdiction will cover all categories of public servants, including PM
except armed forces.
• Lokpal will have the power of superintendence and direction over any
investigating agency, including the CBI, for cases referred to them by the
Lokpal.
• Institutions which are financed fully or partly by the Government are under the
jurisdiction of Lokpal, but institutions aided by the Government are excluded.
• Jurisdiction includes foreign donations in excess of ₹10 Lakhs/year under the
Foreign Contribution Regulation Act.

Lokayukta

Establishment Under an act of Parliament (Lokpal and Lokayukta Act, 2013) Lokpal at Centre and
Lokayukta at State.

Composition The structure varies from state to state.

Qualifications • Judicial qualifications are prescribed for the lokayukta in the States of Uttar
Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka and
Assam.
• But no specific qualifications are prescribed in the states of Bihar, Maharashtra
and Rajasthan.

Appointment • The Lokayukta and Upalokayukta are appointed by the governor of the state.

52
 • While appointing, the governor in most of the states consults (a) the chief justice
of the state high court, and (b) the leader of Opposition in the state legislative
assembly.

Tenure and • In most of the states, the term of office fixed for Lokayukta is of 5 years duration
Salary or 65 years of age, whichever is earlier.
• He is not eligible for reappointment for a second term.

Resignation By writing to the Governor.

NITI Aayog

Establishment • NITI AYOG is a premiere policy think tank of the Government of India.
• It was established in 2015 via an executive resolution by replacing the Planning
Commission of India.

Composition • Chairperson: Prime Minister

• Vice-Chairperson: To be appointed by Prime Minister. He/she enjoys the rank
of a Cabinet Minister.
• Governing Council: Chief Ministers of all the States, Chief Ministers of Union
Territories with Legislatures (Le., Delhi, Puducherry and Jammu and Kashmir)
and Lt. Governors of other Union Territories.
• Full-time Members: They enjoy the rank of a Minister of State.
• Regional Council: To address specific regional issues, Comprising Chief
Ministers and Lt. Governors Chaired by the Prime Minister or his nominee.
• Ex-Officio member: Maximum four from the Union Council of Ministers to be
nominated by the Prime minister.
• Chief Executive Officer: Appointed by the Prime Minister for a fixed tenure, in
the rank of Secretary to the Government of India.
• Special Invitees: Experts and specialists with domain knowledge nominated by
the Prime minister.

NITI Aayog • Team India Hub acts as an interface between States and Centre.
Hubs • Knowledge and Innovation Hub builds the think-tank acumen of NITI Aayog.

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 F. OTHER IMPORTANT TABLES

32. Important Articles in the Indian Constitution

Article Features Article Features

Article 52 The President of India Article 155 Appointment of governor

Article 54 Election of President Article 161 Power of governor to grant pardons,

etc., and to suspend, remit or commute
sentences in certain cases

Article 61 Procedure for impeachment of Article 175 Right of governor to address and send
the President messages to the House of Houses

Article 63 The Vice-President of India Article 201 Bills reserved for consideration of the
President

Article 82 Readjustment after each census Article 202 Annual financial statement

Article 83 Duration of Houses of Article Special provisions with respect to Delhi

Parliament 239AA

Article 100 Voting in Parliament Article 243 Panchayat and related definitions

Article 102 Disqualifications for Article 243B Consttitution of Panchayats

membership

Article 108 Joint sitting of both Houses in Article 243F Disqualifictaion of membership
certain cases

Article 110 Defines money bills Article 243K Elections to the Panchayats

Article 111 Assent to bills Article Parts that do not apply to certain areas
243M

Article 112 Annual financial statement Article 249 Power of Parliament to legislate with
(budget) respect to a matter in the State List in
the national interest

Article 123 Power of President to Article 275 Grants from the Union to certain states
promulgate ordinances during
recess of Parliament

Article 124 Establishment and Constitution Article 282 Expenditure defrayable by the Union
of Supreme Court or a state out of its revenues

Article 131 Original jurisdiction of the Article 262 Resolves disputes about inter-state
Supreme Court river waters.

Article 141 Law declared by Supreme Court Article 312 Creates All-India Services
to be binding on all courts

Article 142 Enforcement of decrees and Article 330 Reservation of seats for scheduled
orders of Supreme Court and castes and scheduled tribes in the
orders as to discovery, etc. House of the People

Article 143 Power of President to consult Article 343 Official Language of the Union
Supreme Court

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33. Important Constitutional Amendments

Constitutional Provisions
Amendments

1st CAA, 1951 • Empowered the state to make special provisions for the advancement of socially
and economically backward classes.
• Added Ninth Schedule to protect the land reform and other laws included in it
from the judicial review.

7th CAA, 1956 Abolished the existing classification of states into four categories i.e., Part A, Part B,
Part C and Part D states.

9th CAA, 1960 Facilitated the cession of Indian territory of Berubari Union (located in West
Bengal) to Pakistan as provided in the Indo-Pakistan Agreement (1958).

21st CAA, 1967 Included Sindhi as the 15th language in the Eight Schedule.

26th CAA, 1971 Abolished the privy purses and privileges of the former rulers of princely states.

36th CAA, 1975 Made Sikkim a full-fledged State of the Indian Union and omitted the Tenth
Schedule

42nd CAA, 1976 • Added three new words (i.e., socialist, secular and integrity) in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A).
• Provided for administrative tribunals and tribunals for other matters (Added
Part XIV A).
• Added three new Directive Principles viz., equal justice and free-legal aid,
participation of workers in the management of industries and protection of
environment, forests and wild life.
• Facilitated the proclamation of national emergency in a part of the territory of
India.
• Provided for the creation of the All-India Judicial Service.

44th CAA, 1978 • Empowered the president to send back once the advice of the cabinet for
reconsideration. But, the reconsidered advice is to be binding on the president.
• Replaced the term “internal disturbance” with “armed rebellion” in respect
of national emergency.
• Made the President declare a national emergency only on the written
recommendation of the cabinet.
• Deleted the right to property from the list of Fundamental Rights and made it
only a legal right.
• Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot
be suspended during a national emergency.

52nd CAA, 1985 Provided for disqualification of members of Parliament and state legislatures on
the ground of defection and added a new Tenth Schedule containing the details in
this regard.

61st CAA, 1989 Reduced the voting age from 21 years to 18 years for the Lok Sabha and state
legislative assembly elections.

71st CAA, 1992 Included Konkani, Manipuri and Nepali languages in the Eight Schedule.

73rd CAA, 1993 • Granted constitutional status and protection to the panchayati raj
institutions.

55
 • For this purpose, the Amendment has added a new Part-IX entitled as “the
panchayats” and a new Eleventh Schedule containing 29 functional items of
the panchayats.

74th CAA, 1993 • Granted constitutional status and protection to the urban local bodies.
• For this purpose, the Amendment has added a new Part IX-A entitled as “the
municipalities” and a new Twelfth Schedule containing 18 functional items
of the municipalities.

86th CAA, 2002 • Made elementary education a fundamental right. Added Article 21-A.
• Changed the subject matter of Article 45 in Directive Principles.
• Added a new fundamental duty under Article 51-A.

92nd CAA, 2003 Included Bodo, Dogri (Dongri), Mathilli (Maithili) and Santhali in the Eighth
Schedule.

97th CAA, 2012 Gave a constitutional status and protection to co-operative societies. In this
context, it made the following three changes in the constitution:
• It made the right to form cooperative societies a fundamental right.
• It included a new DPSPS on the promotion of cooperative societies.
• It added a new Part IX-B in the constitution, which is entitled as “The Co-
operative Societies”.

101st CAA, 2016 • Paved the way for the introduction of the goods and services tax (GST) regime
in the country.

102nd CAA, 2018 • Conferred a constitutional status on the National Commission for Backward
Classes.
• Empowered the President to specify the socially and educationally backward
classes in relation to a state or union territory.

103rd CAA, 2019 • Empowered the state to make any special provision for the advancement of
any economically weaker sections of citizens.

104th CAA, 2019 • It extended the deadline for the cessation of seats for SCs and STs in the Lok
Sabha and states assemblies from Seventy years to Eighty.
• It removed the reserved seats for the Anglo-Indian community in the Lok
Sabha and state assemblies.

105th CAA, 2021 • It restored state government’s power to prepare the Socially and
Educationally Backward Classes (SEBC) list.

106th CAA, 2023 • It reserves one-third of all seats for women in Lok Sabha, State legislative
assemblies, and the Legislative Assembly of the National Capital Territory of
Delhi, including those reserved for SCs and STs.
• The reservation will be effective after the publication of the census conducted
following the Act’s commencement and endures for a 15-year period, with
potential extension determined by parliamentary action.

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33. Official Langauge
Part XVII of the Constitution deals with the official language in Articles 343 to 351.
• Hindi written in Devanagari script is to be the official language of the Union.
However, the form of numerals to be used for the official purposes of the Union has to
be the international form of Indian numerals and not the Devanagari form of numerals.
Union • The Parliament enacted the Official Languages Act in 1963. The act provides for the
continued use of English (even after 1965), in addition to Hindi, for all official purposes
of the Union and also for the transaction of business in Parliament.

• The legislature of a state may adopt any one or more of the languages in use in the state
or Hindi as the official language of that state. Until that is done, English is to continue as
the official language of that state.
• The choice of the state is not limited to the languages enumerated in the Eighth
Schedule of the Constitution.
• For the time being, the official language of (the Union (i.e., English) would remain the
Regional link language for communications between the Union and the states or between
various states. However, two or more states are free to agree to use Hindi (instead of
English) for communication between themselves.
• The Official Languages Act (1963) lays down that English should be used for purposes
of communication between the Union and the non-Hindi states
○ Further, where Hindi is used for communication between a Hindi and a non-Hindi
state, such communication in Hindi should be accompanied by an English
translation.

• Until Parliament provides otherwise, the following are to be in the English language
only:
○ All proceedings in the Supreme Court and in every high court.
○ The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and
bylaws at the Central and state levels.
Judiciary • However, the governor of a state, with the previous consent of the president, can
authorise the use of Hindi or any other official language of the state, in the proceedings
in the high court of the state, but not with respect to the judgements, decrees and orders
passed by it.
• Similarly, a state legislature can prescribe the use of any language (other than English)
with respect to bills, acts, ordinances, orders, rules, regulations or bylaws, but a
translation of the same in the English language is to be published.

34. Special Provision For States

Article Subject Matter
371 Special provision with respect to the states of Maharashtra and Gujarat.
371A Special provision with respect to the state of Nagaland.
371B Special provision with respect to the state of Assam.
371C Special provision with respect to the state of Manipur.
371D Special provisions with respect to the state of Andhra Pradesh or the state of Telangana.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the state of Sikkim.
371G Special provision with respect to the state of Mizoram.
371H Special provision with respect to the state of Arunachal Pradesh.
371I Special provision with respect to the state of Goa.
371J Special provisions with respect to the state of Karnataka.

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35. Party and Recognition
National Party

A party is recognised as a national party if any of the following conditions is fulfilled:

• If it secures six percent of valid votes polled in any four or more states at a general election to the
Lok Sabha or to the legislative assembly; and, in addition, it wins four seats in the Lok Sabha from
any state or states;
• If it wins two percent of seats in the Lok Sabha at a general election, and these candidates are elected
from three states; or
• If it is recognised as a state party in four states.

State Party

A party is recognised as a state party in a state if any of the following conditions is fulfilled:
• If it secures six per cent of the valid votes polled in the state at a general election to the legislative
assembly of the state concerned; and, in addition, it wins 2 seats in the assembly of the state
concerned; or
• If it secures six percent of the valid votes polled in the state at a general election to the Lok Sabha
from the state concerned; and, in addition, it wins 1 seat in the Lok Sabha from the state concerned;
or
• If it wins three percent of seats in the legislative assembly at a general election to the legislative
assembly of the state concerned or 3 seats in the assembly, whichever is more; or
• If it wins 1 seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to the state at a
general election to the Lok Sabha from the state concerned; or
• If it secures eight percent of the total valid votes polled in the state at a General Election to the Lok
Sabha from the state or to the legislative assembly of the state.

36. Delimitation Commission

Meaning and • Delimitation means the act or process of fixing limits or boundaries of territorial
Status constituencies in a country or a Province having a legislative body.
• It is a statutory body established by the Central Government under the provisions
of a law enacted by the Parliament.

Constitutional • Articles 81, 82, 170, 330 and 332 of the Constitution of India deal with the
Provisions delimitation of the Parliamentary and Assembly Constituencies.

Commission Delimitation is performed by the ‘Delimitation Commission’ It has been set up four
times: 1952, 1963, 1973 and 2002.

Composition • One member, who shall be a person who is or has been a Judge of the Supreme
Court, to be appointed by the Central Government who shall be the Chairperson
of the Commission;
• The Chief Election Commissioner or an Election Commissioner nominated by the
Chief Election Commissioner, ex officio:
• The State Election Commissioner of the concerned State, ex officio.

Power • Its orders have the force of law and cannot be challenged in any court.
• The orders come into force on a date specified by the President of India. They are
laid before the Lok Sabha and the State Legislative Assembly concerned. But,
modifications are not permissible therein by them.

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