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1934 by M N Roy

National Flag adopted 22 July 1947 1935 by congress


Britain accepted in 1945
Common Wealth membership May 1949 Demand of 1936 by J L Nehru in Lucknow session
Constituent Assembly 1946 in India
adopted National Anthem (Jana Gana Mana) August Offer by Linlithgow
by Ravindranath Tagore Important Dates Pathic Lawrence (chairman)
1940 Demand for CA was accepted
adopted National Song (Vande Mantram) A V Alexandar members
by Bakim Chatterjee but rejected by Congress & Muslim League
Stafford Cripps
284 people signed the constitution 24 Jan. 1950

elected Rajendra Prasad - 1st President Cabinet


Mission Plan
Last sitting

284 members signed constitution


(15 female) 9 Dec. 1946 1st meeting - 211 members
President - Rajendra Prasad
Constitution Maker Constituent 13 Dec. 1946 Objective Resolution by J L Nehru
Temporary President - Sachidananda Sinha
Assembly
Objective Resolution adopted
President - G V Mavalankar
22 Jan. 1947
Vice President - V T Krishnamachari
Law Maker Funcion Committee - Major 8 & Minor 13 Provisions
& H C Mukherjee
Union Power Committee Jawaharlal Nehru
Legal Adviser - B N Rao
completed in - 2 yrs 11 mon. 17 days Rules Of Procedure Committee Dr Rajendra Prasad
Chief Draftsman - S N Mukherjee
Provincial Constitution Committee Sardar Patel
Citizenship
Some provisions adopted in - Steering Committee Dr Rajendra Prasad
Elections
were imposed 26 Nov. 1949
Major Drafting Committee Dr B.R Ambedkar
Provisional Parliament
Advisory Committee on Fundamental Rights,
Sardar Patel
enforced in - 26 Jan. 1950 Constitution Minorites & Tribal and Excluded Areas

Symbol - Elephant Making of Union Constitution Committee Jawaharlal Nehru

Nand Lal Bose Constitution States Committee Jawaharlal Nehru


Decoration
Beohar Rammanohar Sinha Committee on the Functons of the
G.V Mavalankar
9-23 Dec. 1946 1st draft Constituent Assembly
Prem Bihari Narain Raizada - English Committee
Calligraphy Ad-hoc Committee on citizenship S Varanchari
6-17 Oct. 1949 10th draft
Vasant Kumar Vaidya - Hindi
Press Gallery Commitee usha Nath Sen
14-26 Nov. 1949 11th draft Important Drafts
4 Nov. 1948 Credentils Committee Alladi Krishnaswamy Ayvar
final draft
by B R Ambedkar from Bengal Constituency Order of Business Cotmmittee Dr K-M. Munshi

Finance and Staff Committee Dr Rajendra Prasad


formed in - 29 Aug. 1947
Minor Committee on Chief Commissioners' Provinces B. Pattabhi Sitaramayya
Bhim Rao Ambedkar - Chairman
House Committee B. Pattabhi Sitaramayya
Alladi Krishnaswamy Ayyar
Ad-hoc Committee on the Supreme Court S. Varadachari
N. Gopalaswamy Ayyangar
Drafting Committee Expert Committee on Financial Provisios Nalini Ranjan Sarkar
7 members Muhammed Saadullah
Special Committee to Examine the Draft
K M Munshi Jawaharlal Nehru
Constituton

B L Mitter replaced by N. Madhav Rau Commission on Linguistc Provinces S.K. Dar

D P Khaitan replaced by T T Krishnamachari Ad Hoc Committee on the National Flag Dr Rajendra Prasad
Mostly influenced the Indian constitution
Concept - USA
Emergency provision Borrowed from
Language - Australia
Supreme Court establishment
GOI act 1935 modified form of Objective resolution
PCS
adopted on 22 January 1949
Officer of Governor
enforced on 26 January 1950
Federal scheme
ID Card of the Constitution by N A Palkivala
Parliamentary form of government
Statement Passed Horoscope of the Constitution by K M Munshi
Parliamentary privileges
Keynote of the Constitution by Ernst Barker
Single citizenship Preamble Source of authority of the constitution People of India
Rule of law UK
Sovereign, Socialist, Secular,
Nature
Democratic & Republic
Writs Ingredients
Justice Social, Economic & Political
Legislative procedure
Liberty Thought, Expression, Worship, Belief & Faith
Bicameral Parliament Objective
Equality Status & Opportunity
Fundamental Rights 1960
Fraternity
Berubari Union Case
Preamble Preamble is not a part of Constitution &
only once in - 42th CA, 1976 cannot be Amended
(known as mini Constitution)
Separation of Power Amendment
1973
added - Integrity, Socialist & Secular
Supremacy of Constitution
Preamble is a part of Constitution
& can be amended
Independence of judiciary (removal procedure
of SC and HC) Case
Supreme Court / High Court can reverse the
1. Territories expansion & jurisdiction Keshavnanda Bharti Case
decision
Judicial review USA
2. Emoluments Requires more bench of judges
Equal protection of law

Election of Head of the State (President)


Preamble & Schedule 3. Affirmation & Oaths 13 judges were present (highest till now)

4. Rajya Sabha Seats LIC Case confirmed Keshavnanda Bharti Case


Impeachment of President
Source of the 5. Scheduled Areas
Post of Vice President
constitution
6. Other Schedule Areas Assam, Tripura, Mizoram & Meghalay
Financial Emergency

Federation with a Strong Centre

Centre appoints Governor of State


Canada
Residuary power - only to Centre

Advisory jurisdiction of Supreme Court 7. Federal Provision

Concurrent List

Freedom of trade and commerce Schedule


Australia
Joint sitting of two houses

Division of powers between Centre and State


originally - 14
DPSP
Ireland at present - 22
Nomination of members in Rajya Sabha
21st CA Sindhi added
President’s power - Emergency 8. Official Languages
71st CA Konkani, Manipuri, Nepali
Germany
Suspension of Fundament Rights during
emergency 92nd CA Bodo, Dongri, Maithili, Santhali

Fundamental Duties 96th CA Odia

Ideals of Justice - Social Economical & Political USSR (Russia) 9. Land Reforms 1st CA - 1951

Five Year Plans 10. Defection Law 52nd CA - 1985

Liberty, equality, fraternity 11. Panchayats 73rd CA - 1992


France
Republic system 12. Municipalities 74th CA - 1993

Procedure established by law Japan


By birth Name & territory of the Union

By decency - born outside India, but are Indian India, that is Bharat, shall be a Union of States
citizen
Article - 1 States and territory specified
By registration - origin India (7 years residing
Acquire the territories of the States
in India)
Territory of India Union territories specified in 1st Schedule
By naturalisation - origin not of India (12 years
of residing in India) other territories as may be acquired

By incorporation of territories Admission/Establishment of new states


Article-2
By renunciation (by own will) Parliament may by law admit into the Union,
or establish, new States
By termination (voluntarily acquired
citizenship of other country without Lose Formation of new states & alteration of areas,
informing) boundaries or names of existing States
Citizenship Act 1955
By deprivation (document, malfunction, alter the area of any state
helping enemy country at war with India)
altering the boundary of States

Article-3 alter the name of any State


Part-I
Regulated by Parliament no bill to be introduced in either house of the
Union & Its territory Parliament, unless with recommendation of
Article 5-11 President

Single Citizenship taken from UK Provisions Not finding on Parliament (advisory in nature)

Citizenship at the commencement of the New Delhi in bills


Constitution
Give to particular State for suggestions
(Governor)
should have a domicile mendetory Article - 5
Laws made under articles 2 & 3
born in India

either of the parents of Indian origine either one of these Amendment in article 1 & 3 & Schedule 1 & 2
will not be dealt as amendment under Art. 368
who is a ordinary resident for at least 5yrs Part-II
dealt as Amendment under Art. 368 make sure
Rights of citizenship of certain persons who
Article - 6
Citizenship to change in Schedule 1st & 4th
have migrated to India from Pakistan
Only by Simple Majority Is applicable when a
Rights of citizenship of certain migrants to territory is added from outside to inside
Article - 7 1948
Pakistan Fully fledge state on 1 Nov 1956 Andhra Pradesh (2/3 members present + voting)
Article-4

Rights of citizenship of certain persons of 1960 Maharashtra S K Dhar Commission Linguistic basis model rejected Berubari Union Case
Article - 8
Indian origin residing outside India 1959
1960 Gujarat States to be organised on the basis of Indian territory if it has to be given to a
“Administrative Convenience”, not linguistic foreign territory - Art 368 applicable
Persons voluntarily acquiring citizenship of a
foreign State not to be citizens
Article - 9
1963 Nagaland
Part - I & II basis
Indo-Bangladesh agreement
Continuance of the rights of citizenship Article - 10 1966 Haryana 1948
100 CA
Linguistic Provision JVP Committee State should not be formed on linguistic basis
Parliament to regulate the right of citizenship 1971 Himachal Pradesh India’s few parts to Bangladesh by Special
by law
Article - 11 commission 2014
Majority
1972 Meghalaya Members - J L Nehru, Vallabhbhai Patel,
Pattabhisitaramayya Bangladesh few parts to India by Simple
Majority
1972 Manipur
Potti Sriramulu died during Fast unto death (56 days)
1972 Tripura Formation of States After his death, 1st linguistic state of India
1953 Dec 1953
formed
1975
Sep/Oct 1953 Fazal Ali (chairman)
Earlier ruled by Chogyal Dynasty Andhra Pradesh
Sikkim Telugu speaking area members K M Panikkar
Associate State - Art 2A - 35th CA, 1974
H N Kunzru
Complete Statehood - 36th CA, 1975 Fazal Ali Commission
Rejected the theory of “one language one
1987 (UT) state”
Goa
56th CA (statehood) Accepted the linguistic basis of formation of
state
1987 Arunachal Pradesh
State Reorganisation Act, 1956
special powers 1987 Mizoram
Art: 12-35

Magna Carta
Art. 15, Art. 16, Art. 19, Art. 29 & Art. 30 Rights available to citizens
FRs are not absolute but qualified (very
limited)
Fundamental FRs are not sacrosact (are not permanent)
power to make laws to give effect to
fundamental rights (vested only on Parliament) Article 35 Rights
FRs are justiciable in nature

Art 31 & Art 19(f)


restriction on fundamental rights while
Martial Law is in force Article 34 Right to Property
PM - Morarji Desai
has been removed State Govt.
now legal right - 300 A
Government
Parliament power to restrict fundamental Within the
rights of armed personals Article 33 Article 12 Definition of term The State Parliament
territory of India
Govt. body

Right to constitutional remedies Local/other authorities


any laws which inconsistent/controversial with
Article 13 FR shall be declared null & void (by judiciary) Right to Equality
from UK
Art. 14-18

Equality before the law from UK


All citizens shall have the right-
Article 14 Equal protection of the law from USA
Art. 19(a) to freedom of Speech & expression

Writs Presidents, MLAs/MPs cannot be arrested on


Art. 19(b) to assemble peaceably & without arms Exceptions
civil matters
Article 32 Article 19 Art. 19(c) to from association or union Equality to status
Article 15
to move freely throughout the territory of Right against discrimination Gender, race,
Art. 19(d)
India caste, sex, religion & place of birth

to reside & settle in any part of the territory


Art. 19(e) Equality to public employment
by B R Ambedkar Heart & Soul of Constitution of India

to practice any profession or to carry on any Equality of opportunity in matters of public


Supreme Court cannot refuse to issue writ Art. 19(g) Article 16
occupation, trade or budiness employment
but High Court can
protection in respect of conviction for promotion & reservation in appointment
High Court writ jurisdiction is wider than offences (not a violation of Right to Equality)
Protection of interests of minorities Supreme Court rich jurisdiction
Art. 16(4) Balaji v/s State of Mysore
Article 29 No person shall be convicted of any offence
Right to protect language, script, culture of
every citizen for any section of society
Cultural & Educational right Part-III Article 20
no ex post facto law except for violation of a law in force at the
time of the commission
Cases Devdasan v/s Union of India Case

Right of minorities to establish & administer Art. 29-30 No person shall be prosecuted & punished for
Indira Sawhney Case (1993)
educational institutions no double jeopardy
the same offence more than once
Article 17 Abolition of untouchability
Article 30
Right to establish & administer educational No person accused of any offence shall be
no self incrimination State cannot provide title
institutions (Only for minorities) Right to Freedom compelled to be a witness against himself
Article 18 Abolish of titles
Art. 19-22 Protection of life & personal liberty
Exception: in case of education, military,
Freedom of conscience and free profession, excellency
Article 25
practice and propagation of religion Article 21
no person shall be deprived of his life &
personal liberty except according to procedure
freedom to manage religious affairs Article 26 established by law

Freedom as to payment of taxes for promotion


Article 27
Right of religion Right to education
of any particular religion
Art. 25-28
provide free and compulsory education to all
Freedom as to attendance at religious Article 21 A
children of the age of 6 to 14 years
instruction or religious worship in certain Article 28
educational institutions
by 86th CA, 2002

Prohibition of Human trafficing & forced labor Protection against arrest and detention in
certain cases
Article 23
Exception - under this article, state can force
No person who is arrested shall be detained in
people to do compulsory services Right against exploitation custody without being informed
Prohibition of child labour Art. 23-24
Every person who is arrested and detained in
Article 24 custody shall be produced before the nearest
Below 14 yrs can't be employed in Article 22
magistrate within twenty-four hours
hazarduous/dangerous place

Punitive - crime has done

Preventive - on suspect
Promote international peace and security
Directive Principles of Our State Policy
Article 51
maintain honorable relations between nations
borrowed from Ireland
DPSP
The State shall separate the judiciary from Articles 36-51
the executive in the public services Article 50 Novel feature of Constitution by B R Ambedkar
use to check constitutional value of any law
Conscience of the Constitution by Grainville Austin
The State shall protect every monument,
place & object of artistic/historic interest Article 49 Statements India’s Federalism is Quasi-federal by KC Wheare

DPSP are like Check on Bank payable at


The State shall protect & improve the by Prof. K.T. Shah
Meaning of The State convinience of the bank
environment & safeguard the forests & wildlife Article 36 same as Part-III (Art. 12)
of the country
The State shall organize agriculture and
Article 48A The provisions contained in this Part shall not
animal husbandry on modern & scientific lines added by 42nd CA, 1976 be enforced by any court
Article 48 Article 37
The State shall prohibit the slaughter, of cows are non-justiciable
and calves & other milch & draught cattle
The State shall regard the raising of the level have the right to an adequate means of
The State shall promote the welfare of the Art. 39(a)
of nutrition and the standard of living livelihood
people by securing and protecting

The State shall prohibit the consumption


Article 47 Article 38 material resources of the community are so
the State to reduce inequalities in income,
except for medicinal purpose of intoxicating Art. 39(b) distributed as best to subserve the common
status, facilities, & opportunities
drinks & drugs good
(added by 44th CA, 1978)
Article 46
operation of the economic system does not
Art. 39(c)
result in the concentration of wealth
The state shall provide special care on Article 39 equal pay for equal work for both men &
educational & economic interests for SCs, Art. 39(d)
STs, & other weaker sections of the society women
The State shall endeavor to provide, Care for
children within ten years for free
Health & strength of citizens are not abused
Article 45 Art. 39(e) and forced by economic necessity to enter
compulsory education for all children until
they complete the age of fourteen years
Article 39A avocations unsuited to their age or strength

(added by 86th CA)


The State shall endeavor to secure uniform children are given opportunities & facilities to
civil code throughout the territory of India Article 44 The State shall provide free legal aid to poor, Art. 39(f) - Children develop in a healthy manner, freedom & dignity
by suitable legislation/schemes, to ensure (added by 42nd CA, 1976)
The State shall promote voluntary formation,
that opportunities for securing justice
autonomous functioning & professional
management of cooperative societies Part-IV
Article 43B added by 42nd CA, 1976
added by 97th CA, 2011
The State shall organize village panchayats &
The state shall secure the participation of
Article 40 endow them with powers & authority
workers in the management of any industry
Article 43A
added by 42nd CA, 1976 Right to work
Secure a living wage
in cases of unemployment,
Article 41 Right to education
old age, sickness, & disablement
a decent standard of living
Right to public assistance
full enjoyment of social & cultural
opportunities Article 43
The State shall make provisions for securing
the State shall endeavor to promote cottage Article 42 humane conditions of work & for maternity
industries relief
1915

FRs would prevail over DPSP Champakam Dorairajan Case borrowed from USSR

FRs are amendable on the recommendation of


Sardar Swaran Singh Committee
1967 Fundamental 10 duties added by 42nd CA
parliament can't take away FRs Duties
11th FD - 51 (k) added by 86th CA
24th CA - parliament can amend FR
Golaknath Case
(by parliament) Only applicable to Indians

25th CA - no laws which seek to impliment Fundamental Rights


to abide by the Constitution & respect its
Art. 39 (b) & (c) shall be declared null & void on v/s DPSP Article 51A (a) ideals and institutions, the National Flag, &
the ground of Art. 14 & Art. 19 the National Anthem

1973
to cherish & follow the noble ideals which
Article 51A (b) inspired our national struggle for freedom
13 bench judges case Kesavnanda Bharti Case

Parliament can amend FRs however must can't to uphold & protect the sovereignty, unity, &
desturb the basic structure of constitution Article 51A (c) integrity of India

Constitutional is found on the bedrock of the to defend the country & render national
Minerval Mill Case
balance b/w FRs & DPSP Article 51A (d) service when called upon to do so

to provide opportunities for education by the Promote harmony and spirit of common
parent the guardian, to his child (between the Article 51A (k) brotherhood mongst all the people of India
age of 6-14 years) Part-IV(A) Article 51A (e)
to renounce practices derogatory to the
dignity of women
to strive towards excellence in all spheres of
individual & collective activity Article 51A (j)
to value & preserve the rich heritage of our
Article 51A (f) composite culture
to safeguard public property & to abjure
violence Article 51A (i)
to protect & improve natural environment
Article 51A (g)
to develop the scientific temper, humanism, & to have compassion for living creatures
the spirit of inquiry and reform Article 51A (h)
Power of President to grant pardons
Chapter 1 The Executive
The President shall have the power to grant
pardons, reprieves, respites, or remissions of Chapter 2 Parliament
punishment or to suspend, remit or commute Article 72
the sentence Part-V Chapter 3 Legislative Power of The President
The Union
can pardon Death Sentence Chapter 4 The Union Judiciary
Election to fill vacancy
Chapter 5 Comptroller and Auditor-General of India
An election to fill the term of office of
President shall be completed before the Article 62 Head of Indian Union
expiration of the term The Union Executive
1st Citizen of India
in the case of Death, Resign or Removal - Vice- Procedure for impeachment of the President
president, CJI or Judge of SC shall act as The President of India
Acting President President is to be impeached for violation of Article 52
the Constitution There shall be a President of India.
Executive power of the Union.
the charge shall be preferred by either House
of Parliament Executive power of the Union shall be vested
Article 53 in the President
such a resolution has been moved after at
least 14 days’ notice in writing Article 61 Article 54 The supreme command of the Defence Forces
of the Union Shall be vested in the President
signed by not less than 1/4th of the total
number of members of the House Election of President

Such a resolution has been passed by a The President shall be elected


majority of not less than 2/3rd of the total
membership of the House by the elected members of both Houses of Manner of election of President
Oath or affirmation by the President Parliament & the Legislative Assemblies of the
State (All elected MPs & MLAs)
Indirect election (Rajya sabha, President, Vice
before entering upon his office, make and President)
subscribe in the presence of the Chief Justice Article 60
of India
Proportional Representative + Single
Article 55 Transferrable Vote
or, in his absence, the senior most Judge of
the Supreme Court available
Conditions of President’s office
President by secret Ballot

The President shall not be a member of either


Term of office of President
House of Parliament or a House of the Article 59
Legislature of any State
The President shall hold office for a
Article 56 term of five years
The emoluments and allowances of the
President shall not be diminished during his
Qualifications for election as President term of office resignation to the Vice-President

citizen of India

completed the age of thirty-five years Article 58


Eligibility for re-election
ualified for election as a member of the House Article 57
of the People eligible for re-election to that office

shall not hold any office of profit under the


Government of India or the Government of any
State
Matters relating to, or connected with, the
election of a President or Vice-President The Vice-President of India

All election doubts & disputes in the election


Article 71 Article 63
There shall be a Vice-President of India.
of President & Vice-President shall be inquired
& decided by Supreme Court only
The Vice-President to be ex officio Chairman
of the Council of States
Discharge of President’s functions in other
Article 70 Article 64
contingencies shall not hold any other office of profit

Oath or affirmation by the Vice-President. The Vice-President to act as President or to


discharge his functions during casual
Every Vice-President shall, before entering Article 69 Article 65 vacancies in the office, or during the absence,
upon his office, make and subscribe before the of President
President

Election of Vice-President
Time of holding election to fill vacancy in the
office of Vice-President The Vice-President shall be elected by the
members of both Houses of Parliament
An election to fill a vacancy \shall be (All MPs)
completed before the expiration of the term Article 68
Vice-President Proportional Representative + Single
Transferrable Vote
An election to fill a vacancy in the office of
Vice-President occurring because of his death, Term of office of Vice-President
resignation or removal shall be held within 60 The Vice-President shall not be a member of
The Vice-President shall hold office
days
for a term of five years
Article 66 either House of Parliament or a House of the
Legislature of any State

resignation to the President citizen of India

a Vice-President may be removed from his Article 67 Eligible for election


ompleted the age of 35 years
office by a resolution of the Council of States as Vice-President
passed by a majority of all the then members
qualified for election as a member of Rajya
of the Council and agreed to by the House of
Sabha
the People
Should not hold any office of profit under the
A Vice-President shall continue to hold office Government of India or the Government of any
until his successor enters his office State
Council of Ministers to aid and advise
President.

President may request CoMs to reconsider,


There shall be a CoMs with the PM at the head
Article 74 to aid and advise the President
and he shall act by the advice after
Duties of Prime Minister reconsideration.
Article 78
President <-> PM <-> CoMs advice was tendered by Ministers to the
President shall not be inquired into in any
court.

Other provisions as to Ministers.


Conduct of business of the Government of
India
The Prime Minister shall be appointed by the
President
All executive action of the GoI taken in the
name of President.
total no. of Ministers, including PM, in CoMs
shall not exceed 15% of total no. of members
Orders and other instruments made in the of LS
name of the President Article 77 the other Ministers shall be appointed by the
President on the advice of the Prime Minister
member of either House who is disqualified for
President makes rules for the more convenient
transaction of the business of the GoI and the PM & CoMs deflection also disqualified to be appointed as
a Minister.
allocation among Ministers of the said
business.
The Ministers shall hold office at the pleasure
Article 75 of the President

The Council of Ministers shall be collectively


responsible to the House of the People
Attorney-General for India Article 76
Before a Minister enters his office, the
President shall administer to him the oaths of
office

who for period of 6 consecutive months is not


a member of either House shall cease to be a
Minister.

salaries and allowances determine by


Parliament
Constitution of Parliament

Courts not to inquire into proceedings of There shall be a Parliament for the Union
Parliament Article-122

Rights of Ministers and Attorney-General as


respects Houses

Every Minister and the Attorney-General of


India shall have the right to speak in either Article-88
House

shall not by virtue of this article be entitled


to vote Article-79
Special address by the President

At the commencement of the first session Lower House / 1st chamber / House of People
after each general election to the House of
the People
Lok Sabha Minimum age - 25 years
Article-87
at the commencement of the first session of 1st sitting - 17 April 1952 Composition of the Council of States
each year
Upper House / 2nd chamber / Council of State twelve members to be nominated by the
President shall address both Houses of / House of elders President
Parliament assembled together
Rajya Sabha Minimum age - 30 years
Right of President have special knowledge or practical experience
1st sitting - 13 May 1952 in Literature, science, art and social service
The President may address either House of
Parliament or both Houses assembled together Article-86 not more than 238 representatives of the
Article-80 States and of the Union territories
The President may send messages to either
House of Parliament, whether with respect to The allocation of seats in the Council of
a Bill then pending in Parliament Composition of the House of the People
States to be filled by representatives of the
Sessions of Parliament
Parliament not more than 530 members chosen by direct
States and of the Union territories

The President shall from time to time summon election from the States
representatives of each State shall be elected
each House of Parliament members of the Legislative Assembly of the
not more than 20 members to represent the
The President may from time to time prorogue
Article-85 Article-81 Union territories
State by single transferable vote

the Houses or either House representatives of the Union territories in the


number of seats in the House of the People Council of States shall be chosen in
Qualification for membership of Parliament The President may from time to time dissolve shall be allotted in such manner that number Parliament may by law prescribe
the House of the People and the population is same for all States
citizen of India
Readjustment after each census
in the case of the Council of States - not less
than 30 years of age Article-84
in the case of the House of the People - not
less than 25 years of age Duration of Houses of Parliament Article-82
The Council of States shall not be subject to
dissolution
Article-83
1/3rd members shall retire in every 2 year

The House of the People shall continue for 5


years from the date appointed & then dissolve
Establishment and Constitution of Supreme
Court
Civil and judicial authorities to act in aid of
the Supreme Court consisting of a Chief Justice of India
There shall be a Supreme Court of India
& not more than 7 other Judges
All authorities, civil and judicial, in the
Article 144
territory of India, shall act in aid of the appointed by the President
Supreme Court
maximum age - 65 years

Power of President to consult Supreme Court Every Judge of the Supreme Court Resignation to President

If it appears to the President that a question Article 143 a judge may be removed from his office in the
of law has arisen which is of public manner provide in clause (4)
importance, he may refer the question to that
Court and the Court may, after hearing, unless he is a citizen of India
Enforcement of decrees and orders of Supreme report to the President its opinion thereon
Court and orders as to discovery, etc
has been for at least five years a Judge of a
High Court or of two or more such Courts
he Supreme Court in the exercise of its A person shall not be qualified for
jurisdiction may pass decree or make order as Article 142 Article 124 appointment as a Judge of the Supreme Court has been for at least ten years an advocate of
is necessary for doing complete justice
a High Court or of two or more such Courts

Subject to the provisions of any law made on is, in the opinion of the President, a
this behalf by Parliament, the Supreme Court distinguished jurist
shall have all and every power to make any Law declared by Supreme Court to be binding
order on all courts
by an order of the President passed after an
The law declared by the Supreme Court shall
Article 141 address by each House of Parliament
be binding on all courts within the territory of
India A Judge of the Supreme Court shall not be supported by a majority of the total
removed membership of that House

Ancillary powers of Supreme Court


on ground of - proof of the misbehaviour or
Parliament may by law make provision for
Article 140 incapacity of a Judge
conferring upon the Supreme Court
Oath before the President

Conferment on the Supreme Court of powers No Judge of the Supreme Court shall plead or
to issue certain writs act in any court
Salaries, etc., of Judges
Parliament may by law confer on the Supreme Article 139
paid to the Judges of the Supreme Court may
Court power to issue directions, orders, or
writs, any of them, for any purposes other
Article 125 be determined by Parliament
Enlargement of the jurisdiction of the
Supreme Court than those mentioned in article 32
privileges and allowances may from time to
time be determined by Parliament
The Supreme Court shall have further Appointment of acting Chief Justice
jurisdiction and powers with respect to any of Article 138
the matters in the Union List Article 126 When the office of Chief Justice of India is
vacant or absent by any reason - the duties
shall be performed by one of the other Judges Appointment of ad hoc judges
The Supreme Court shall have such further
jurisdiction and powers with respect to any of the Court as the President may appoint
Review of judgments or orders by the Supreme If a quorum of the Judges of the Supreme
matter as the Government of India and the Court
Government of any State Court not available to hold or continue any
session, the Chief Justice of India may, with
Article 137 Article 127
Subject to the provisions of any law made by
Parliament or any rules made under Article Supreme Court the consent of the President, request in
writing the attendance at the sittings of the
145, the Supreme Court shall have the power Court, as an ad hoc Judge
to review Attendance of retired Judges at sittings of
the Supreme Court
duty of the Judge who has been so designated,
Special leave to appeal by the Supreme Court Article 128 in priority to other duties of his office
by Chief Justice of India, with the consent of
the Supreme Court may, in its discretion, Article 136 the President
grant special leave to appeal from any
judgment, decree, determination, sentence, or Supreme Court to be a court of record
order in any cause
Jurisdiction and powers of the Federal Court Article 129 The Supreme Court shall be a court of record
under existing law to be exercisable by the and shall have all the powers of a court
Supreme Court Seat of Supreme Court
Article 135
Until Parliament by law provides, the Supreme
Court shall also have jurisdiction and powers
Article 130 The Supreme Court shall sit in Delhi

in any matter to which the provisions of or in other place, as the Chief Justice of India
Article 133 or Article 134 do not apply may appoint, with the approval of the President
Original jurisdiction of the Supreme Court

Appellate jurisdiction of Supreme Court in between the Government of India and one or
regard to criminal matters Article 131 more States
Article 134
in matters of Theft, Murder, Charges etc. Subject to the provisions of this Constitution, between the Government of India and any
the Supreme Court shall have original State or States on one side and one or more
jurisdiction in any dispute – other States on the other
Appellate jurisdiction of Supreme Court in
appeals from High Courts in regard to civil
matters between two or more States
Appellate jurisdiction of Supreme Court in
Article 133 appeals from High Courts in certain cases
in matters of Property, Marriage, Divorse etc. Article 132
In constitutional matters
Recruitment of persons other than district
judges to the judicial service Article 234 Article 214 High Courts for States

Validation of appointments of, and judgments,


etc., delivered by, certain district judges
Article 215 High Courts to be courts of record
Article 233
by Governor
after consulting High Court Constitution of High Courts
Establishment of a common High Court for
two or more States
Article 216 1 Chief Judge and other such judges as
Parliament may decide
by 7th CA Article 231
Appointment and conditions of the office of a
Extension of jurisdiction of High Courts to Maharashtra & Goa Judge of a High Court
Union territories Maharashtra High Court
common High Court
by President Consultation, such other judges
Power of Parliament as President may fil necessary - Collegium

Calcutta High Court Andaman& Nicobar Article 230 Article 217 Rsignation to President

(Kochi) Kerala High Court Lakshadweep Proved misbehavior


Removal same as Judges
Maharashtra High Court Dadra/Daman of Supreme Court
incapacity

Madras High Court Pudducherry 10 years advocate of High Court


Qualification
Power of superintendence over all courts by has held judicial office for 10 years
the High Court Article 227
Application of certain provisions relating to
Article 218 Supreme Court to High Courts
Power of High Courts to issue certain writs

High court's writ is wider than Supreme Oath or affirmation by Judges of High Courts
court's writ Article 219
Article 226 High Courts by Governor
High Court can issur writs on legal + FRs

Restriction on practice after being a


High court may refuse to issue writs but SC
can not Jurisdiction of existing High Courts Article 220 permanent Judge
Salaries, etc., of Judges
Governor does not need advice
Article 221 Salaries - Consolidated fund of State
original jurisdiction, appellate jurisdiction &
Writ Article 225 Transfer of a Judge from one High Court to Pension - consolidated fund of India
another
High Court appellate jurisdiction is wider than Article 222
High Court original jurisdiction by President after consultation of CJI

Article 223 Appointment of acting Chief Justice


UPSC, SPSC & JPSC
Article 76 Attorney-General for India

considered the highest law officer in the


Public Service Commissions for the Union and country
for the States

appointed by the president & holds office


UPSC - Union Public Service Commission Article 315 during his pleasure

SPSC - State Public Service Commission qualified to be appointed as the judge of the
Supreme Court
JPSC - Joint Public Service Commission National Commission for Scheduled Castes
Salary & condition of service determined by
Appointment and term of office of members Article 338 President

NCSC & NCST separated 86th CA, 2003 To advise the government on the legal matters
UPSC & JPSC appointed by President

National Commission for Scheduled Tribes Duties To appear on behalf of the GOI in SC
SPSC appointed by Governor
(NCST)
Article 338A NCSC
Article 316 Attorney General
UPSC - 6 / 65 years To appear in HC in the cases concerning GOI
National Commission for Backward Classes when required
Term Article 338B
(NCBC) Comptroller and Auditor General of India
SPSC & JPSC - 6 / 62 years
has the right to audience in all the courts in
Chairman + Vice Chairman + 3 other members the territory of India Single membered body
UPSC & JPSC - to President (NCSC & NCST)
Resignation Composition
Article 324 CAG is considered as the guardian of the
SPSC - to Governor has the right to speak and take part in the
appointed by the President public purse
parliamentary proceedings
Rights
Removal and suspension of a member of a Election Commission is a permanent and
Public Service Commission independent body Head of Indian Audit & Accounts Dept.
doesn’t enjoy the right to vote

if he is an insolvent It is common to both central and state Appointed by President


Article 317 All the privileges and immunities available to a
governments
member of parliament are granted to the AG
if he is engaged in paid employment Article 148 Term - 6 years / 65 years
Removing Authority The elections to parliament, state
- by President 1st AG - M C Setalvad
legislatures, the office of president, and vice
if he is of unsound mind
president are looked after by EC Costitutional Removal - same as a judge of Supreme court
Current AG - R Vekatramini
on ground of misbehaviour
EC consists of a chief election commissioner
Bodies not eligible for reappointment
and other election commissioners. President
Power to make regulations as to conditions of fixes the number
service of members and staff of the Commission Article 280 salary - determind by Parliament
CAG
Article 318 appointed by the president
UPSC & JPSC - President Quasi Judicial body Parliament can prescribe duties & powers of
Rule of Condition of Service CAG
SPSC - Governor Term - 6 years / 65 years ELECTION COMMISSION Constituted by President
Audits the accounts related to all expenditure
Prohibition as to the holding of offices by members Administrative Composition - (1+4) by Parliament form the consolidated fund of India &
Article 319 contingency fund of India
of Commission on ceasing to be such members
Article 149
Advisory powers of the election commission Eligible for reappointment
Functions of Public Service Commissions Ascertains & cartifies the net process of any
tax & duty
Article 320 Quasi-Judicial Chairman having experience in Public Affairs
CSE, CDS, CAPF AC, NDA etc.
to conduct exams
- by UPSC Compiles and maintains the accounts of State
Removal - same as a judge of Supreme court Parliament determines one qualified to be appointed as judge of High
govt.
their qualifications court
Power to extend functions of Public Service
Security of tenure is provided for the chief
Commissions Accounts of Union & States shall by kept in
election commissioner Finance & Accounts
Article 150 such form as President may on the advice of
having specialized CAG may prescribe
UPSC - Parliament Article 321 Economics
knowledge in
FINANCE COMMISSION Article 151 Audit reports to President
SPSC - State Legislature Financial matters

Expenses of Public Service Commissions to recommend the President (not binding on


President)
Consolidated fund of India UPSC Article 322
Distribution of net proceeds of taxes between
Centre & States
Consolidated fund of State SPSC
Function
Reports of Public Service Commissions How the grants will be aided to States by
Centre

UPSC - President Article 323


States consolidated funds & changes made to
them - for equal distribution of resources
SPSC & JPSC - Governor between Panchayat & Municipalities

1st FC - K C Noegy

15th FC - N K Singh

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