Polity_HandoutsPRRC2024_ForumIAS_KING_R_QUEEN_P

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PRRC 2024
Batch 1 - #Pol001
PRRC POLITY – 1
• State → Political unit of society; 4 components: territory, population, government,

sovereignty.
• Doctrine of Separation of Power by Montesquieu; power of state must be divided into
various organs; each organ supreme in its own sphere; no interference in the working of
other organs.
• Democracy → System of government, rule by people, directly or through representatives;
Accountability of ruler to the citizens, Founded on Rule of Law ; What democracy is not →
majoritarianism.
• Constitutionalism → limited government
• Preamble → “Identity card of the Constitution” – Nani Palkhivala ; Based on Objective
resolution, moved by JN Nehru in 1946. ; Derives authority -> from people; Nature of Indian
state -> sovereign, secular, socialist, democratic, republican polity; Objectives -> specifies
justice, liberty, equality, fraternity, unity & integrity. ; Used by Judiciary for constitutional
interpretation.
• Justice → requires that we give due and equal consideration to all individuals; it has
dimensions -> social justice, economic justice & political justice.
• Proportionate justice → for justice in society, the principle of equal treatment needs to be
balanced with the principle of proportionality. At times, it’s tough to harmonize the three
principles of justice —>Pursuing equality of treatment by itself might sometimes work against
giving due reward to merit. Emphasizing rewarding merit as the main principle of justice
might mean that marginalized sections would be at a disadvantage in many areas because
they have not had access to facilities such as good nourishment or education.
• Equality →means that all people, as human beings, are entitled to the same rights and
opportunities to develop their skills and talents, and to pursue their goals and ambitions.
• Natural inequalities & social inequalities → natural inequality is a result of different
capabilities and social inequality is a result of discrimination or absence of equal
opportunities. Equality also has three dimensions → Political, social and economic.
• Political equality → enables citizens to develop themselves and participate in states’ affairs,
its necessary to remove any legal hurdles which might exclude people from a voice in
government and deny them access to available social goods.
• Social equality -> guarantee certain minimum conditions of life to all the members of the
society — adequate health care, the opportunity for good education, adequate nourishment
and a minimum wage, among other things. Like equal inheritance rights to women
• Economic equality – aims at equity.
• Marxism/Communism --> Ownership of means of production, economic activity in the
hands of people; propounded by Karl Marx, German philosopher; In effect - strong
government, single party system.
• Liberty → freedom for the people to choose their way of life, it is freedom with responsibility.
• Negative liberty -> Negative liberty’ seeks to define and defend an area in which the
individual would be inviolable, in which he or she could ‘do, be or become’ whatever he or she
wished to ‘do, be or become’. This is an area in which no external authority can interfere.
• Positive liberty- it recognizes that one can be free only in society (not outside it) and hence
tries to make that society such that it enables the development of the individual.
• Rule by Law -> “Rex is Lex.” Law used as a tool of repression, its enforced arbitrarily, with a
different set of rules favoring a few sections of the society. No control on authority->
decisions imposed on people.
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• Rule of Law -> “Lex is Rex.” Indian Constitution -> A.13. A.14, A.21. Controls unlimited powers
of authority.
• Dicey’s Rule of Law → Supremacy of law → governs all ; above all people; no man can be
punished except for violation of law and tried by ordinary court ; Equality before law → equal
treatment to all ; no one is above law & Predominance of legal spirit → constitution
recognizes your rights; Constitution is the result of rights and not source of it.
• Welfare State → State that promotes the social and economic well-being of its people;
Makes public expenditure on health, education, employment, social security etc.
• Rights→ Legal & moral entitlements/claims of a person over other fellow beings, society &
government.
• Types of rights → Natural Rights, Human Rights, Civil Rights, Constitutional rights, Statutory
rights, Fundamental rights.
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PRRC 2024
Batch 1 - #Pol002
Fundamental Rights (Part III, A.12 - A.35)

Rights -> legal & moral entitlements/claims of a person over other fellow beings, society & government.
Types of rights:
 Natural Rights -> Universal Rights inherent in every individual human being. Not based on laws,
customs, and beliefs of any particular authority.
 Human Rights -> rights one gets by virtue of being a human. Universal
 Civil Rights -> conferred by the Constitution or the law of Country
 Constitutional Rights -> rights enshrined in the Constitution.
 Statutory Rights -> right backed by law.
 Fundamental Rights ->branch of civil rights, guaranteed and protected by the Constitution.
Features of FRs
 Essential for full intellectual, moral & spiritual status of individual.
 Negation -> moral and spiritual life stunted & potentials underdeveloped.
 Justiciable
 Suspended during National Emergency (except A.20 & A. 21)
 Not sacrosanct, repeal by Constitutional amendment
 Guarantee against State action, not private action.
Horizontal & Vertical Application of Fundamental Rights

 Horizontal rights are applied against private actors while the vertical rights are right can be applied
only against public authorities. The idea of horizontal application was first started in Ireland.
A.12 defines State –

 Government & Parliament of India.
 Government & Legislature of each state.
 All local or other authorities within territory of India.
 All local & other authorities under control of Govt. of India.
R.D Shetty vs Airport Authority of India -> 5 points test by Justice PN Bhagwati
(i) State – main funding source
(ii) Deep & pervasive control by State
(iii) Functional character is governmental
(iv) Government department transferred to Corporation
(v) Monopoly status conferred/protected by Government.
Judiciary a part of State?

 AR Anatulay vs RS Nayak, 1988- Court can’t pass order violative of FRs
 Courts -> limited by mandatory provisions of FRs -> can’t be allowed to override the FRs (–DD Basu,
Commentary on the Constitution of India, page 155)
 FRs & the remedies to enforce them go hand in hand -> FRs need protection from unreasonable
abridgement by legislative and executive bodies -> Judiciary protects FRs from arbitrary legislative
& executive action -> guardian of FRs capable of infringing them? Bad argument in law!
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PRRC 2024
Batch 1 - #Pol002
 Rupa Ashok Hurra vs Ashok Hurra 2002, Supreme Court held -> Judicial proceedings can’t violate
FRs -> Judicial functions not under A.12, administrative functions under A.12.
Article 13 Judicial Review & IX Schedule

 A.13(1) - All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void.
 A.13(2) - The State shall not make any law which takes away or abridges the rights conferred by this
Part and any law made in contravention of this clause shall, to the extent of the contravention, be
void.
Judicial Review-
 Judicial innovation, not implicit but explicit in A. 13.
 Marbury vs Madison was the 1st case in USA (1803), Supreme Court asserted -> to review
constitutionality of Congress’s Acts.
Doctrine of Eclipse-
 Pre constitutional law-> inconsistent with FRs-> not wiped out altogether
 Can exist for rights & liabilities -> before the Constitution
 Law eclipsed -> by relevant FR -> law in dormant condition -> not dead for all purposes.
 P. Ratinam vs UOI 1994 -> S. 309 IPC contravened A.21
 Gian Kaur case 1996 -> Sec. 309 made valid again.
Doctrine of Severability-
 Law is void -> to extent of inconsistency
 Act not void as whole -> part of it is void -> that part severable from remaining valid statute ->
remaining statute valid.
 For post constitutional law under A.13(2)
 AK Gopalan case 1950 ->SC declared Sec.14 of PD Act as unconstitutional. The remaining act
remained valid & Gopalan remained in custody.
Doctrine of Pith & Substance –> Applied in Sajjan Singh case. 17th amendment only impacts Right to
Property and not A.226. any impact on A.226 is only incidental.
Case laws  Shankari Prasad, Sajjan Singh, Golaknath, Keshvanand Bharti, Minerva Mills, Waman Rao, IR
Coelho.
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PRRC 2024
Batch 1 - #Pol003
Right to Equality (A.14-A.18)
Article 7 of UDHR-
All are equal before law& entitled to equal protection of law without discrimination.
Same concept of equality inheres A.14.
Article 14 -
Equality before law -> necessary corollary of Rule of Law
Two concepts in Article 14 –> Equality before law & Equal protection of law.
Provides positive equality, not negative equality
Strikes at arbitrariness in State action
Equality before law -> British origin; negative concept which ensures –
No special privilege in favour of anyone
All are equally subject to ordinary law of the land
No person irrespective of rank and condition is above law.
Exceptions to equality before law – Diplomats, President, Governors, Judges, Legislators, A. 31-C, A.359 (1).
Equal protection of law ->American origin; positive concept which implies-
Application of same laws alike and without discrimination to all persons similarly situated
Equality of treatment in equal circumstances
Like should be treated alike without distinction of race, religion, wealth, social status or political influence.
When persons are not situated equally -> treat them as equals -> violative of Article 14.
A.14 provides for affirmative action & reasonable classification.
Affirmative action -> steps taken to increase the representation of certain vulnerable sections for
employment, education etc.
State can make laws operating differently on different classes of people -> 'Doctrine of Reasonable
Classification’.
Article 14 forbids class legislation; doesn’t forbid reasonable classification.
Classification is reasonable -> if it’s not arbitrary & is based on intelligible differentia-> differentia must have
rational relation to the object sought to be achieved by act.
Equality allows differential treatment-> prevents unjustified distinctions.
Rule of Law- propounded by AV Dicey, it has three elements
i) No arbitrary exercise of power

ii) Equality before law
iii) Constitution is the result of the rights of the individuals as defined and enforced by courts rather than
Constitution being the source of individual rights.
Article 15- no discrimination on grounds of Religion, Race, and Caste etc.

A.15 (1) – State shall not discriminate between against any citizen on grounds only of RRCSP (Religion, Race,
Caste, Sex, Place of birth).
A.15(2)- No citizen shall on grounds only of RRCSP -> any disability with regards to access of any shops,
restaurants, places of public entertainment or the use of wells, bathing ghats, roads, place of public resort->
by state funds.
15(3) – special provision for children and women.
Women and children -> special treatment on account of their very nature.

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Batch 1 - #Pol003
Under A.42, women workers can be given special maternity relief and a law to this effect -> not infringe A.
15(1).
A.15(4) – special provision -> advancement of backward classes.
State of Madras vs Champakam Dorairajan.

Madras government reserved seats -> state medical & engineering colleges-> different communities in
certain proportions -> basis of religion, race and caste.
Government defended it -> promoting social justice (A. 46).
Supreme Court -> void, it classified students on basis of caste & religion.
Another case -> Order requisitioning land -> the construction of a Harijan Colony -> void under A.15 (1).
1s Amendment. -> A.15 (4).
A.15 (4) is an enabling provision -> confers discretion to act if necessary.
Backward classes –
Not defined in Constitution.
A. 340 -> empower President -> appoint Commission -> investigate conditions of SEBC (Socially &
Educationally Backward Classes).
Report of Commission -> President may specify -> who are considered as backward classes.
Identifying Backward -
Both social & educational
Poverty alone –isn’t backwardness
Backwardness -> comparable to SC, ST
Caste -> relevant to define backwardness, but not sole criteria.
93rd Amendment, 2005 -> inserted Art.15 (5) –
Special provisions -> SEBC, SC, ST -> admission to educational institutions, including private educational
institutions, except minority educational institutions.
103rd Amendment, 2019 -> Art. 15(6) –
Special provisions -> advancement of EWS

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PRRC 2024
Protection of life and personal liberty - Article 21 Batch 1 - #Pol004
Article 21: Protection of life and personal liberty.

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
AK Gopalan Vs State of Madras Case (1950)

 Supreme Court narrowly interpreted A.21.
 Protection under A.21 -> available only against arbitrary executive action, not from arbitrary legislative
action.
 ‘Personal liberty’ -> liberty relating to the person or body of the individual.
Procedure established by Law -Law that is duly enacted by the legislature -> valid if it has followed the correct
procedure. USA
In Maneka Gandhi Vs Union of India Case (1978)

 Supreme Court overruled its judgment in the Gopalan Case.
 It ruled that the right to life and personal liberty of a person -> deprived by a law provided the
procedure prescribed by that law s reasonable Just and fair.
 Supreme Court applied American Jurisprudence – The principle of due process of law in this case based
on following argument..
 Merely following the procedure established by law is not enough -> Courts have the right review and
question the reasonableness of law itself.
 Restrictions must be reasonable, just and fair and should not be arbitrary.
Due process of Law?

 Law must be fair and reasonable.
 Liable to be struck down -> even if the prescribed procedure -> followed.
Francis Coralie Mullin vs UT of Delhi 1981- No one shall be deprieved of his life or personal liberty (A. 21)
other than the procedure established by law and this procedure must be reasonable, just & fair and not
arbitrary, whimsical or fanciful.
Olga Tellis vs BMC 1986- right to life incudes right to livelihood -> no person can live without means of living.
Imposition of Tejbajari by BMC -> violation of rights of hawkers to carry on the business fetching them
livelihood.
Hussainara Khatoon vs State of Bihar 1979- right to free legal aid is a FR & duty of any trail court to inform
the accused about his/her rights to free legal aid.
Vishakha vs State of Rajasthan 1997- right against sexual harassment at workplace. Vishakha guidelines
promulgated Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal Act), 2013.

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PRRC 2024
Protection of life and personal liberty - Article 21 Batch 1 - #Pol004
Justice K.S. Puttaswamy vs. Union of India (2017) - SC ruled -> Fundamental Right to Privacy is intrinsic to
life and liberty and thus, comes under Article 21 of the Indian constitution. Right to privacy -> protected as a
fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.
Triple Talaq case (Shayra Bano case) 2017 – Talaq-e-biddat is unconstitutional. Violates A.14, A.21
Hadiya Case 2018 - The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty)
of the Constitution.
Navtej Singh Johar vs UOI 2018 – decriminalized homosexuality. SC dismissed the position taken by SC in
Suresh Kumar Koushal case (2013) that the LGBTQ community constitutes a minuscule minority and so there
was no need to decriminalize homosexual sex.
SC -> Right to Privacy and the protection of sexual orientation -> core of FRs guaranteed by
 A. 14
 A. 15
 A. 19
 A. 21
Adultery Law 2018 – SC scrapped S. 497 of IPC along with S.198 of CrPC as violative of A. 14 & A. 21.
Right to Internet 2020 –

 Kerala HC in Faheema Shirin v. the State of Kerala 2019 -> declared right to Internet access as a FR as a
part of the right to privacy and the right to education under A. 21.
 Post abrogation of A.370 -> internet banned by GOI
 SC -> Right to internet -> FR under A. 19(1)(a), reasonable restrictions too.
 Internet restriction in a globalized world -> restricting freedom to trade and commerce A. 19(1)(g).
Right to be forgotten –
 Person can seek deletion of private information from the Internet which may contain an
embarrassing picture, video or news articles mentioning them.
 Ministry of Electronics and Information Technology (MeitY) -> India is developing the worldwide
legal notion of "right to be forgotten."
 The right to privacy is a fundamental right, as is the right to be forgotten, according to the
Ministry.
 Personal Data Protection Bill 2019 -> provisions related to the doctrine of ‘right to be forgotten’, -
MeitY.

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PRRC 2024
A.29 – A.35 Batch 1 - #Pol005
Cultural & Educational Rights (A. 29 - A.30)

Article 29(1)
 Indian citizens having distinct language, script or culture has the right to conserve the same.
 It protects the language, script, and culture of a section of citizens.
Article 29(2)
 Any citizen will not be denied admission in any educational institution maintained by State on grounds
only of religion, race, caste, language.
Article 30
Gives two rights to linguistic/religious minority
a) Right to establish
b) Right to administer educational institutions of their choice.
Article 32 – Right to Constitutional Remedies.

 Right to move the Supreme Court for the enforcement of the Fundamental rights.
 Romesh Thappar vs State of Madras (1950), the Supreme Court observed that Article 32 provides a
“guaranteed” remedy for the enforcement of fundamental rights.
Types of Writ
a) Habeus Corpus-
To have the body! Related to personal liberty in cases of illegal detentions and wrongful arrests
o Issued by Higher court to individuals (private & public both) against illegal detention.
o Can’t be used if detention is –
(i) For contempt of court
(ii) Lawful
(iii) Outside Court’s jurisdiction
(iv) By a competent court.
b) Mandamus-
Do it properly! Directing public officials, governments, courts to perform a statutory duty;
o Issued by a higher court to a public official, inferior court or public body.
o Can’t be issued against –
(i) Private individual/body
(ii) To enforce departmental instructions
(iii) For a discretionary duty
(iv) Against President/ Governors
(v) Against Chief Justice of a HC

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A.29 – A.35 Batch 1 - #Pol005
c) Prohibition-
Don’t do it. Directing judicial or quasi-judicial authorities to stop proceedings which it has no
jurisdiction for
o Issued by a higher court to a lower court for exceeding its jurisdiction.
(i) Private individuals
(ii) Administrative authorities
(iii) Legislative bodies.
d) Certiorari-
Don’t do it, we will do it! Re-examination of an order given by judicial, quasi-judicial or administrative
authorities
o Issued by – Higher Court to lower court for exceeding or lacking jurisdiction or for an error of law.
o Can be issued against-
Administrative authorities
o Can’t be issued against-
(i) Legislative bodies
(ii) Private individuals.
e) Quo-Warranto-
How can you do it! To show by what warrant is a person holding public office;
o Issued by a higher court to a public office created by Law or by Constitution.
(i) Private office
(ii) Ministerial office.
Article 33-
 Parliament can make laws to abrogate fundamental rights of members of armed forces, police,
paramilitary, intelligence etc.
 Includes employees of armed forces like mechanics, carpenters, barbers etc.
 Such laws cannot be challenged in court.
Article 34-
 During martial law, Fundamental rights will be restricted.
 Parliament can indemnify any government servant for any act done for maintaining order during
martial law.
 This indemnity can’t be challenged in court.

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PRRC 2024
A.29 – A.35 Batch 1 - #Pol005
What is martial law? Military controls the area instead of police. Imposed during war, insurrection, riot etc.
Article 35 –
 Only Parliament can make laws to implement certain specified FRs
 Like -prescribing residence as condition for certain employments in a state or UT (A.16)
 Empowering lower courts to issue writs, directions and orders for enforcing FRs (A.32)
 Restricting FRs for members of armed forces (A.33)
 Indemnifying any Govt. servant for his act done during martial law (A. 34).

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PRRC 2024
A.22 – A.28 Batch 1 - #Pol006
Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25 -> All people -> equally entitled to freedom of conscience and the right to freely profess, practice,
and propagate religion.
Implications of Article 25 –
 Freedom of conscience: Inner freedom of an individual to mould his relationship with God in whatever
way he desires.
 Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
 Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and
ideas.
 Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of
the tenets of one’s religion.
Does right to propagate include right to convert -> Voluntary conversion with free consent is permitted.
Conversion by deceit, allurement or force is not permitted.
Restrictions:
 Subject to public order, morality, health etc.
 State is permitted to regulate or restrict any economic, financial, political, or other secular activity
associated with religious practice.
Essential Religious Practice test

 Safeguards such religious practices under FRs -> essential and integral to religion.
 SC in Shirur Mutt case 1954 invented this doctrine.
 Recently, Karnataka HC upheld Hijab ban -> Hijab is not a part of essential religious practice in Islam.
 A. 25 -> Freedom to conscience, practice, profess & propagate religion.
 Restriction –> public order, morality & health.
 Ismail Farooqi Case 1994 -> Praying -> essential practice, but offering prayers in a mosque is not,
unless it’s religiously significant.
 Church of God case, 2000 -> using loudspeakers not an essential practise.
 Nikhil Soni Case 2015: Santhara Case -> Suicide unnatural and untimely termination of life, Santhara ->
peaceful, gradual path to end life, it’s not sudden.
Article 26- Right to manage religious affairs of a community
 Establish & maintain institutions for religious and charitable purposes
 Manage its own affairs in matters of religion
 Own and acquire movable and immovable property
 Administer such property in accordance with law.

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A.22 – A.28 Batch 1 - #Pol006
Article 27 – Freedom from payment of tax

 To promote any religion Government can’t, impose tax on individual.
 But if Government provides a specific service, it can ask for a fee from those who avail this service.
Article 28- Freedom from attending religious instruction in educational institutions.

There’re four types of educational institutions-
i) Government institutions
ii) Government aided institutions
iii) Government recognized institutions
iv) Religious institutions taken over by Government. Eg. Vedic schools
Can Institutions impart religious instructions?

 In Government institutions -> no religious instructions permitted.
 In Government aided & recognized institutions -> some religious instructions, but pupil can’t be forced
to follow instructions
 No restrictions on religious institutions.

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PRRC 2024
Fundamental Duties Article 51A Batch 1 - #Pol007
Rights can be defined as claims of an individual that are essential for the development of his or her own
self and that are recognized by society or State. In return for every right, the society expects the citizens
to do certain things which are collectively known as Duties.
Fundamental Rights Fundamental Duties
 Rights guaranteed by the Constitution to the  Moral and civic duties expected out of the
citizens. citizens.
 Covered under Part III of the Constitution mentions  Covered under Part IVA of the
Fundamental Right Constitution mentions the Fundamental
Duties.
 Articles 12 to 35 deal with Fundamental Rights.  Article 51A deals with Fundamental Duties.
 Borrowed from US Constitution (Bill of Rights)  Borrowed from USSR Constitution

 Some of them are available only to the citizens  Confined to citizens only and do not
while others are available to all persons whether extend to foreigners.
citizens, foreigners or legal persons like
corporations or companies.
 They are justiciable.  They are non-justiciable.
Significance –
 Reminder to the citizens that while enjoying their rights, they should also be conscious of duties
they owe to their country, their society and to their fellow citizens.
 Warning against the anti-national and antisocial activities like burning the national flag, destroying
public property and so on.
 Serve as a source of inspiration for the citizens and promote a sense of discipline and commitment
among them.
 Create feeling that the citizens are no mere spectators but active participants in the realization of
national goals.
 Lead the citizen in the right direction.
 Help the courts in examining and determining the constitutional validity of a law.
Fundamental Duties
 To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
 Cherish and follow the noble ideals that inspired the national struggle for freedom;
 Uphold and protect the sovereignty, unity and integrity of India;
 Defend the country and render national service when called upon to do so;
 Promote harmony and the spirit of common brotherhood amongst all the people of India
irrespective of religion, language and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;
 Value and preserve the rich heritage of the country’s composite culture;
 Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures;
 Develop scientific temper, humanism and the spirit of inquiry and reform;
 Safeguard public property and to abjure violence;
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Fundamental Duties Article 51A Batch 1 - #Pol007
 Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement; and
 Provide opportunities for education to his child or ward between the age of six and fourteen years
(added by the 86th Constitutional Amendment Act, 2002).
"Our Constitution tells us about our rights and also about our duties as citizens. Are we as serious about our
duties as citizens as expected by our citizens, our Constitution and our people? We must establish by
convention what is not written in the Constitution. We should try that if every programme, in every talk we
focus on duties"
- PM Modi on 70th anniversary of the adoption of the Constitution.
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PRRC 2024
Union and state Legislature Batch 1 - #Pol008
#1. Parliamentary Committees:

Why Parliamentary Committees needed?
 Large size of Parliament.
 Generally Political consideration overpower policy matters.
 It has neither the adequate time nor necessary expertise to make a detailed scrutiny of all
legislative measures and other matters.
 it is assisted by a number of committees in the discharge of its duties.
How Parliamentary Committees make Parliament more effective?

 Parliamentary Committees ae smaller body.
 Assisted by expert body like CAG.
 Have power of civil code.
 Can summon any administrative officer for questioning.
 Non-partisan approach in dealing with any matter.
 Adequate representation to opposition.
 Operate throughout the year.
 Have access to secretarial assistance.
 Work behind the public glare.
Types of Parliamentary Committees:

1. Standing Committees: Permanent bodies.
2. Ad Hoc committees: made from time to time to deal with particular matter.
Standing Committees:
1. Public Accounts Committee.
2. Estimates Committee
3. Committee on Public Undertakings
4. Departmental Standing Committees.
5. Committee on Petitions.
6. Committee of Privileges.
7. Ethics Committee.
8. Committee on Subordinate Legislation.
9. Joint Committee on Offices of Profit.
Ad Hoc Committee:
 Ad hoc committees can be divided into two categories:
 Inquiry Committees: inquire into and report on specific subjects.
 Advisory Committees: include select or joint committees on bills, which are appointed to consider
and report on particular bills.
1) Public Accounts Committee:

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

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Composition: 22 Member (15 LS, 7 RS).

Criteria: Through Proportional representation.
 Thus, all parties get due representation in it.
 The term of office of the members is one year.
 A minister cannot be elected as a member of the committee.
 The chairman of the committee is appointed from amongst its members by the Speaker (Not
Chairman).
 convention has developed whereby the chairman of the committee is selected invariably from the
Opposition.
Function:
 Analyse report of CAG which are laid before the Parliament by the President.
 The committee examines public expenditure not only from legal and formal point of view to discover
technical irregularities but also from the point of view of economy, prudence, wisdom and propriety
to bring out the cases of waste, loss, corruption, extravagance, inefficiency and nugatory expenses.
 the CAG acts as a guide, friend and philosopher of the committee.
Utility:
 Ensure fiscal accountability of Executive towards legislature.
 Ensure fiscal prudence.
 Check over fiscal extravaganza.
 Watchdog over Public Purse.
 It has expert support of CAG , making this committee more effective.
Limitation:
 Its work is post facto. Ie. When expenditure is already incurred.
 Thus, its work have only post mortem utility only.
 It cannot intervene in the matters of day-to-day administration.
 advisory and not binding.
 not vested with the power of disallowance of expenditures by the departments.
 It is not an executive body and hence, cannot issue an order. Only the Parliament can take a final
decision on its findings.
 Sometimes, party politics may mar effective functioning.
Conclusion:
 Major criticism is attributed to most Mortem effect.
 Although, Post mortem can’t make dead alive but it can prevent future murders.
 Thus, this committee have deterrence effect in future.
 Have helped to expose many corruption like 2G, Coal Gate and CWG scam.

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2) Estimates Committee:
The first Estimates Committee in the post-independence era was constituted in 1950 on the
recommendation of John Mathai, the then finance minister.
Members: 30. (Larger than PAC)
Membership:
 Only Lok Sabha members. (PAC both) Members are elected by the Lok Sabha every year from amongst
its own members.
 all parties get due representation in it.
 The term of office is one year.
 A minister cannot be elected as a member of the committee. The chairman of the committee is
appointed by the Speaker from amongst its members and he is invariably from the ruling party.(PAC:
opposition party chairman)
Functions:
 To analyse estimate of expenditure submitted by each ministry.
 Check over estimation.
 Ensure efficiency of expenditure.
 it has been described as a ‘continuous economy committee’.
 report what economies, improvements in organisation, efficiency and administrative reform
consistent with the policy underlying the estimates, can be affected.
 suggest alternative policies.
Limitations:
 It cannot question the policy laid down by the Parliament.
 Recommendations are advisory and not binding on the ministries.
 It examines every year only certain selected ministries and departments.
 It lacks the expert assistance of the CAG which is available to the Public Accounts Committee.
 Demands for grants may be finally voted despite the fact that the Committee has made no report.
 Work is in the nature of a post-mortem.
 Examines the budget estimates only alter they have been voted by the Parliament
Estimates Committee Vs PAC:

 EC is bigger than PAC.
 EC draws member only from LS.
 Chairman of EC is from Ruling party.
 EC does not have assistance of expert body like CAG.
3) Committee on Public Undertakings:

 This committee was created in 1964 on the recommendation of the Krishna Menon Committee.
 Members: 22 (15 from the Lok Sabha and 7 from the Rajya Sabha).
 Tenure: 1 Year.

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 A minister cannot be elected as a member of the committee.

 The chairman of the committee is appointed by the Speaker from amongst its members who are
drawn from the Lok Sabha only.
 Thus, the members of the committee who are from the Rajya Sabha cannot be appointed as the
chairman.
Utility:
 To examine the reports and accounts of public undertakings
 To examine the reports of the Comptroller and Auditor General on public undertakings.
 Check whether PSUs are run on sound business principles and efficiency.
Limitation:
 Not examine day to day administration of PSUs.
 Only policy matters not business decisions.
 No technical expertise.
 recommendations are advisory and not binding.
 Cover only few PSUs in a year.
4) Departmental standing committees:

 Each standing committee consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha).
(Largest size)
 The members of the Lok Sabha are nominated by the Speaker from amongst its own members.
 Members of the Rajya Sabha are nominated by the Chairman from amongst its members.
 Out of the 24 standing committees, 8 work under the Rajya Sabha and 16 under the Lok Sabha.
Purpose:
 Main objective of the standing committees is to secure more accountability of the Executive (i.e.,
the Council of Ministers) to the Parliament, particularly financial accountability.
 They also assist the Parliament in debating the budget more effectively.
 The 24 standing committees cover under their jurisdiction all the ministries / departments of the
Central Government.
 To consider the demands for grants of the concerned ministries / departments before they are
discussed and voted in the Lok Sabha.
 To examine bills pertaining to the concerned ministries / departments
 To consider annual reports of ministries / departments.
#2. Legislative council.

1. LC does not participate in President election process.
2. Members of LC do not vote for Rajya Sabha election.
3. LC approval not required in Constitutional amendment Process.
4. Ministers including CM can be from LC.
5. Any bill originating in LC but not passed by LA becomes dead.

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6. Ordinance of governor has to be approved by LA and LC both.

7. LC can’t vote of demand for grants.
8. Maximum strength of LC is fixed to 1/3rd of state assembly but minimum is 40.
9. The Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is
fixed by Parliament.
10. Creation or abolition of LC is not CAA under 368 but ordinary amendment.
11. It is not mandatory for all states to have second chamber.
12. 1/6th of its members are nominated by Governor.
13. Grounds of governor’s nomination in any case cannot be challenged in the courts.
14. Governor decide on the matter of disqualification of members of state assembly (LA+LC) on the basis
of advice of ECI and advice of ECI is binding over governor.
15. Under anti defection law, chairman of the house decide for disqualification of MLA and MLCs. Initially
it was out of judicial review but after kihoto Holohan case decision of the chairman can be challenged
in HC/SC.
16. LA have overriding powers WRT. LC in passing of bills.
17. At the most, the council can detain or delay the bill for a period of four months—three months in the
first instance and one month in the second instance.
18. When a bill, which has originated in the council and was sent to the assembly, is rejected by the
assembly, the bill ends and becomes dead.
19. No confidence motion can’t be introduced in LC.
20. The council can be abolished by the Parliament (Simple majority) on the recommendation of the
assembly (special majority).
21. LC powers are reflection of house of lords (upper house) of Britain.
#3. Special powers of RS:

 The proposal to remove the Vice-President is initiated only in the Rajya Sabha, not in the Lok Sabha.
 The Rajya Sabha has the power to create new All India Services (Art 312) by passing a resolution
supported by not less than two-third members present and voting.
 Can empower Parliament to legislate on state list by 2/3rd majority. (Art 249)
#4. Special powers of Lok Sabha:

 money bill + adjournment motion + no confidence motion + censure motion can be introduced only
in LS.
 Any effective changes in Money bill can be done only by LS.
 Speaker is final deciding authority to decide whether a finance bill is money bill or not.
 Speaker preside over Joint sitting.
 In joint sitting all decisions are taken on numerical strength, thus, LS enjoy superior power due to its
greater strength.
 Only LS can vote on demand.
 Vote on account is passed in LS only.
 Resolution for scrapping National emergency can be passed only in LS.

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#1. Office of Profit:

 Office of profit is a position in government which cannot be held by Member of Legislative Assembly
(MLA) or Member of Parliament (MP).
 The post can yield salaries or any other form of benefits.
 It has not been defined in Constitution or Representation of the People Act, 1951.
Constitutional provision:
 According to Articles 102(1)(a) and 191(1)(a) of Constitution, legislators (MP or MLA) can be barred from
holding office of profit under Central Government or state government as it can put them in position
to gain financial benefit.
 Under the RPI, 1951 too, holding an office of profit is grounds for disqualification.
Why holding office of Profit for legislator under executive is bad?

 Makers of Constitution wanted that legislators (MP or MLA) should not feel obligated to Executive in
any way, which can influence them while discharging legislative functions.
 In other words, they should be free to carry out her duties without any kind of governmental
pressure.
 Independence of Legislator from executive.
Jaya Bacchan Case:

 In March 2006, President APJ Abdul Kalam had disqualified Jaya Bachchan from Rajya Sabha with
retrospective effect from July 2004 for holding an office of profit as chairperson of UP Film
Development Council.
 The Supreme Court (SC), in Jaya Bachchan case (2006) disqualifying her from Rajya Sabha had held
that office of profit is relevant if office is capable of yielding profit or pecuniary gain and not whether
person actually obtained a monetary gain.
#2. Parliamentary privileges:

 Special rights, immunities and exemptions enjoyed by the two Houses of Parliament.
Purpose:
 To ensure liberty of Parliamentarian, in order to enable them to discharge their duties effectively.
 Without these privileges, the Houses can neither maintain their authority, dignity and honour nor
can protect their members from any obstruction.
 Independence of Legislature from Executive.
 These include the attorney general of India and Union ministers.
 Note: parliamentary privileges do not extend to the president
Classification:
1. those that are enjoyed by each House of Parliament collectively.
2. those that are enjoyed by the members individually.

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Collective Privileges:
 right to publish its reports.
 prohibit others from publishing the same.
 No bar on press to publish true reports of parliamentary proceedings without prior permission of
the House.
 But this is not applicable in the case of a secret sitting of the House.
 exclude strangers from its proceedings and hold secret sittings.
 It can punish members as well as outsiders for breach of its privileges or its contempt.
 right to receive immediate information of the arrest of its member.
 courts are prohibited to inquire into the proceedings of a House or its committees.
 No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can
be served within the premise of the House without the permission of the presiding officer.
Individual Privileges:
 They cannot be arrested during the session of Parliament and 40 days before the beginning and
40 days after the end of a session.
 This privilege is available only in civil cases and not in criminal cases.
 freedom of speech in Parliament.
 Freedom to speak and vote in Parliament.
 They can refuse to give evidence and appear as a witness in a case pending in a court when
Parliament is in session.
Breach of Privilege and Contempt of the House:

What is Contempt of House:
Any act against the dignity, authority and honour of the House is treated as a contempt of the House.
What house can do?

House have power to punish for breach of these privileges by outsider or member.
Sources of Privileges:
1. Constitutional provisions,
2. Various laws made by Parliament.
3. Rules of both the Houses.
4. Parliamentary conventions.
5. Judicial interpretations.
#3. Parliamentary proceedings:

Question hour
 The first hour of every parliamentary sitting is slotted for the Question Hour. However, in 2014 the
Question Hour was shifted in the Rajya Sabha from 11 am to 12 noon.
 Questions can be asked to minister as well as private member.
 Question Hour in both Houses is held on all days of the session.

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Zero Hour
1. Zero Hour’ is not mentioned in the Rules of Procedure or Constitution. Thus, it is an informal
device available to MPs.
2. Under this, MPs can raise matters without any prior notice.
3. Speaker, Lok Sabha / Chairman, Rajya Sabha may allow or decline a Member to raise a matter of
importance.
4. For the Rajya Sabha, the day starts with the Zero Hour and not the Question Hour as it is for the Lok
Sabha.
Difference:
Question hour Zero hour
First hour of sitting Between question hour and agenda of the day
Mentioned in Parliamentary rule book Not mentioned
Prior notice is needed to raise question No prior notice needed
#4. RS vs Senate
Rajya Sabha US Senate
members of the Rajya Sabha are indirectly The Senators are in fact directly elected by the
elected. They are elected by the citizens of the states. Hence, they have direct
legislatures of the state governments. They support and approval of the people.
do not have direct representation of the
people.
Rajya Sabha members where each state’s The Senate gives equal representation to all
representation depends upon population. states irrespective of size or population. This
More populated states get a louder voice means that both small states and large states
and hence rule of the majority is very get two members.
common. US an Equal/symmetric federalism.
Ex UP have 30 members but Nagaland have
just one.
Making India as unequal/asymmetric
federalism
The Rajya Sabha in comparison has no Senate has almost complete control over the
control over the Budget, except for a Budget.
“delaying” power.
It has 250 members from different states. US have 50 states and thus 100 senate
members.
#5. Rajya Sabha Vs. House of Lords

Rajya Sabha House of Lords (UK)
Elected body. (indirect election) Fully Nominated body by Crown on advice of
PM.
Accommodate federal principles. Accommodate royal and church
representatives in Parliament.

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PM can be from any house LS or RS PM can only be from lower house (house of
commons)
Have almost equal power to LS except It is purely recommendatory body and its
money bill. advices are not binding on house of the
commons.
#6. Indian Vs. British System

Indian Parliamentary system British Parliamentary system
Republican and federal Monarchical and Unitary
Supremacy of the constitution Sovereignty of Parliament
No legal responsibility of the minister system of legal responsibility of the minister
No formal Institution of shadow cabinet Institution of shadow cabinet
exist
Any outsider can be made minister but has Only a member of Parliament can be
to become member within 6 months. appointed Minister
#7. Speaker:
1. Office of Speaker is not coterminous with LS.
2. No automatic vacancy and continues till the newly-elected Lok Sabha meets.
3. The quorum to constitute a meeting of the House is one-tenth of the total strength of the House.
4. Only a member of LS can become Speaker.
5. He is elected by absolute majority in Lok sabha.
Removal:
1. He can be removed by effective majority in Lok sabha and does not need approval of Rajya sabha.
2. he resigns by writing to the Deputy Speaker not President.
3. During resolution for the removal of the Speaker is under consideration of the House, he cannot
preside at the sitting of the House.
4. He can vote in removal proceedings in first instance only and not casting vote.
Powers of Speaker:
1. The Speaker is the head of the Lok Sabha.
2. guardian of powers and privileges of the LS.
3. final interpreter of the provisions of the Constitution of India within house.
4. He adjourns the House or suspends the meeting in absence of a quorum.
5. He decides the questions of disqualification of a member of the Lok Sabha in case of ADL, his decision
is open to judicial review.
6. he does not vote in the first instance. But he can exercise a casting vote in the case of a tie.
7. Such vote is called casting vote, and its purpose is to resolve a deadlock.
8. He presides over a joint setting of the two Houses of Parliament.
9. Joint sitting is summoned by President.
10. He decides whether a bill is a money bill or not and his decision on this question is final.
11. salary is charged on Consolidated Fund of India.
12. His powers of regulating procedure not open to Court scrutiny.

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13. higher rank than all cabinet ministers.

14. Speaker does not resign from the membership of his party on his election. (unlike British Speaker)
#8. Deputy Speaker:

1. Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
2. Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
3. he is removed by a resolution passed by a majority of all the members of the Lok Sabha.
4. He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent
from such a sitting.
5. Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a
parliamentary committee, he automatically becomes its chairman.
6. Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party
(or ruling alliance) and the post of Deputy Speaker goes to the main opposition party. (it is not legal
obligation)
7. Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any
separate oath or affirmation.
8. institutions of Speaker and Deputy Speaker originated under the provisions of the Government of
India Act of 1919.
9. Panel of Chairpersons of Lok Sabha: Speaker nominates from amongst the members a panel of not
more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker
or the Deputy Speaker.
#9. Speaker Pro-Tem:

1. Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-
elected Lok Sabha.
2. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.
3. Usually, the senior most member is selected for this. (it is parliamentary convention not
constitutional obligation)
4. The President himself administers oath to the Speaker Pro Tem.
Functions:
1. administer oath to the new members.
2. He also enables the House to elect the new Speaker.
3. Once new speaker is elected, office of Pro-tem speaker cease to exist.

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Indian Judiciary Batch 1 - #Pol010
Indian Judicial system:

 India have integrated Judicial system.
 This single system of courts, adopted from the Government of India Act of 1935, enforces both
Central laws as well as the state laws.
 India has a unified judiciary and one system of fundamental law and justice.
Supreme Court:
 The Supreme Court of India was inaugurated on January 28, 1950.
 Succeeded the Federal Court of India, established under the Government of India Act of 1935
 Parliament (not President or CJI) is authorized to increase size of SC strength.
Appointment of Judges:
 BY: President.
 In consultation with CJI.
Controversy:
 Controversy over Consultation.
 Does consultation = Concurrence or Consultation = mere exchange of views.
First Judges case (1982), the Court held that consultation does not mean concurrence and it only
implies exchange of views.
Implication:
Advise of CJI is not binding on President.
Second Judges case (1993).

 Court reversed its earlier ruling and changed the meaning of the word consultation to
concurrence.
 Hence, it ruled that the advice tendered by the Chief Justice of India is binding on the President
in the matters of appointment of the judges of the Supreme Court.
 But, the Chief Justice would tender his advice on the matter after consulting two of his senior
most colleagues.
Third Judges case: (1998).

• Consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality
of judges.

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• Sole opinion of the chief justice of India will not suffice.

• He should consult a collegium of four senior most judges of the Supreme Court and even if two
judges give an adverse opinion, he should not send the recommendation.
Implication:
Collegium system was born.
Negative Implication of collegium:
1. Opaqueness.
2. Nepotism.
3. Favoritism.
4. Poor accountability.
5. Falling standards of Judiciary.
Qualification of Judges:
• Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.
• He should be a citizen of India.
• HC Judge, Advocate of eminent jurist.
Tenure of Judges:
• No fix tenure.
• Can be removed by President on Parliament approval.
• Maximum retirement age is 65 years.
• Resign to President.
Removal of Judges:
• The grounds of removal are -> proven misbehaviour or incapacity.
• Removed from his Office by an order of the president.
• Only after an address by Parliament.
• The address must be supported by a special majority of each House of Parliament.
Judges Enquiry Act (1968):

• A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of
Rajya Sabha) is to be given to the Speaker/Chairman.
• The Speaker/Chairman may admit the motion or refuse to admit it.
• No judge has been removed so far, 3 times attempts made
Acting CJI:
• President can appoint a judge of the Supreme Court as an acting Chief Justice of India.
Ad hoc Judge:
When: SC do not have enough bench strength.
Who: CJI.
How: From HC by consent of President and CJ of that Particular HC.

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Same way, retired Judges can also be appointed.

He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court.
But, he will not be deemed to be a judge of the Supreme Court.
Constitutional Bench
• Size of 5 or more.
• Any judgement of Previous Bench can be Overturn only be bench of Superior Strength.
• The Constitutional cases or references made by the President under Article 143 are decided by a
Bench consisting of at least five judges.
• All Judgement by Majority vote.
• No special treatment towards CJI.
• A judge may give dissenting Vote.
Independence of supreme court:

Why?.
 Highest court of appeal.
 Guarantor of the fundamental rights of the citizens Guardian of the Constitution.
 Thus, should be free from the encroachments, pressures and interferences of the executive
(council of ministers) and the Legislature (Parliament).
 It should be allowed to do justice without fear or favour.
Mechanism:
 Salaries and allowances are non votable.
 Charged on Consolidated Fund of India.
 Except removal motion, Conduct of Judge can’t be discussed into Parliament or State Legislature.
 Retired Judge can’t practice or take up any work after retirement.
 The Supreme Court can punish any person for its contempt. Thus, its actions and decisions cannot
be criticised and opposed by anybody.
 This power is vested in the Supreme Court to maintain its authority, dignity and honour.
 The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court.
However, the Parliament can extend the same.
 To extend power = Simple Majority.
 To reduce =Special + Half of the states.
 Judicial power of DC was removed and vested in District Judge to uphold Principles of Separation
of Judiciary from Executive (DPSP).
Jurisdiction and powers of supreme court:

• Final court of appeal.
• It is also the final interpreter and guardian of the Constitution and guarantor of the fundamental
rights of the citizens.
The jurisdiction and powers of the Supreme Court can be classified into the following:
 1. Original Jurisdiction.

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 2. Writ Jurisdiction.
 3. Appellate Jurisdiction.
 4. Advisory Jurisdiction.
 5. A Court of Record.
 6. Power of Judicial Review.
What is a Plenary Power?

Plenary power is a power that has been granted to a body or person in absolute terms, with no review of or
limitations upon the exercise of that power.
Why such Power to SC:
 To ensure proper administration of Justice.
 SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to
Supreme Court of India.
 The Supreme Court of India may also refuse to entertain SLP.
 An aggrieved party cannot claim special leave to appeal as a right but it is privilege which the
Supreme Court of India is vested with and this leave to appeal can be granted by it only.
Enable Government to seek advice of SC (Judicial angle) before formulating any bill or any decision.
Contempt of Court:
 Contempt of court is the offence of being disobedient to or disrespectful towards a court of law.
 Being disrespectful to legal authorities in the courtroom, or wilfully failing to obey a court order
may attract Contempt of Court proceedings.
 A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.
Types of Contempt:
1. Civil.
2. Criminal.
Types of Contempt:
1. Civil Contempt:
• Wilful disobedience to order.
• Wilful breach of any undertaking submitted in Court.
2. Criminal Contempt:
publication of any matter or doing an act which
a) Scandalises or lowers the authority of a court.
b) Prejudices or interferes with the due course of a judicial proceeding.
c) Interferes or obstructs the administration of justice in any other manner.
Other Powers:
• Decide on electoral dispute of President and VP.
• It enquires into the conduct and behaviour of the chairman and members of the Union Public
Service Commission on a reference made by the president.
• Power to review its own judgement or order.
• It can also transfer a case or appeal pending before one high court to another high court.
• Final/ultimate interpreter of the Constitution.

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PRRC 2024
Factsheet - Federalism Batch 1 - #Pol011
Indian federalism (Prelims special)

1. In a federal model, the national government is known as the Federal government or the Central
government or the Union government.
2. Federal polity= different tiers of Government working independently and governing same set of
people simultaneously.
3. Bicameral legislature can exit is countries with unitary features. Ex. Britain.
4. Federalism helps in reconciling national unity with regional autonomy.
5. ‘federation’ word has nowhere been used in the Constitution rather ‘union of states’.
6. In a federal country, States do not have right to break away from union.
7. In confederation states can break away from union.
8. Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’.
9. The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the
people of India as a whole.
10. States in India have no right to territorial integrity, it can be changed by Parliament through CAA
with simple majority.
11. USA follow doctrine of equal federalism (symmetric federalism with all states having equal
representation in senate i.e. 2 members from each state).
12. India follow unequal federalism (asymmetric federalism where seats are allocated based on
population Ex UP: 31 RS seats and Nagaland just 1.)
13. federalism is ‘basic feature’ of the constitution i.e. Parliament can’t amend constitution and change
it into unitary.
# Centre-State relationship:
The Parliament can make laws for the whole or any part of the territory of India.
A state legislature can make laws only within state boundary.
The Parliament can make laws which are applicable outside of India Ex. IT act.
President can make laws for Union territories (UTs) which will have same effect like the law made
by parliament.
President can also amend + repeal laws made by Parliament for Union territories.
Under constitution residuary power is conferred upon Union, while in 1935 GoI act this power was
vested under Governor General.
Governor is empowered to direct that an act of Parliament does not apply to a scheduled area.
During national emergency, both Parliament and state legislature can make law on state list, in case
of conflict, law made by parliament shall prevail.
The Parliament can make laws on any matter in the State List for implementing the international
treaties, agreements or conventions.
During president rule, administration of state is done by president but law is made by Parliament
and not the President.
A law made so by the Parliament continues to be operative even after the president’s rule unless it is
not repealed by new legislature of that state.
law on a concurrent subject, though enacted by the Parliament, is to be executed by the states. Ex
RTE act.
The Central Government can issue directions to the states with regard to the Union List + State List+
Concurrent List

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Factsheet - Federalism Batch 1 - #Pol011
State government failure in complying with orders of centre can be interpreted as breakdown of
constitutional machinery in state and thus, President rule can be imposed on that state.
the executive functions of the Centre can be forced upon a state without the consent of that state.
inter-state river disputes can be decided only by Parliament.
RS can authorize parliament (by special majority) to create All India service.
The Chairman and members of a state public service commission and state election commission,
though appointed by the governor of the state, can be removed only by the President.
The Parliament (Not Prez) can establish a common high court for two or more states.
The Central government can borrow either within India or outside of India.
States can borrow only within India, borrowing from outside require approval of centre.
# Inter-State relations:
Only Parliament is authorized to make law on Inter-state water distribution and neither the
Supreme Court nor any other court can adjudicate on this subject.
Water is in state list but inter-water (water body spanning across boundaries of two or many states)
is in Union list.
Inter-state council is constitutional body while zonal councils are statutory body.
Inter-state council is permanent body after 1990 on recommendation of sarkaria commission.
Parliament can impose restrictions on the freedom of trade, commerce and intercourse between
the states, while state government can do so only with prior approval of President.

was established in 1936. After Independence the political parties continue to be affiliated with student
organizations . The All India Students Congress and later on the National Students Union of India (NSUI) are
affiliated to the Congress Party. The All India Students Federation and Students Federation PRRC 2024
of India (SFI), are
Batch 1 - #Pol12
controlled by Communist Party of India. The Radical Students Union, Democratic Students Union, Akhil Bharatiya
Vidyarthi Parishad (ABVP) etc. are all affiliated to different political parties. They try to pressurise governmental
policy on various crucial issues, their activities are not just confined to educational issues. Like the students
organizations we also have teachers' associations.
Community Associations
Apart from these there are various community associations in India. These community groups are organised on
the basis of caste, class and religion. Some examples of caste organizations are Scheduled Caste Federation,
Backward Caste Federation, etc. Amongst other organizations there are some like Vishwa Hindu Parishad,
Northern and Southern India Christian Conference, etc. which represent interests that are supposed to safeguard
their respective religions.

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Page 1

• State → Political unit of society; 4 components: territory, population, government,

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Fundamental Rights (Part III, A.12 - A.35)

Horizontal & Vertical Application of Fundamental Rights

A.12 defines State –

Judiciary a part of State?

Article 13 Judicial Review & IX Schedule

Right to Equality (A.14-A.18)

Rule of Law- propounded by AV Dicey, it has three elements

i) No arbitrary exercise of power

Article 15- no discrimination on grounds of Religion, Race, and Caste etc.

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State of Madras vs Champakam Dorairajan.

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Protection of life and personal liberty - Article 21 Batch 1 - #Pol004

Article 21: Protection of life and personal liberty.

AK Gopalan Vs State of Madras Case (1950)

In Maneka Gandhi Vs Union of India Case (1978)

Due process of Law?

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Protection of life and personal liberty - Article 21 Batch 1 - #Pol004

Right to Internet 2020 –

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Cultural & Educational Rights (A. 29 - A.30)

Article 32 – Right to Constitutional Remedies.

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Essential Religious Practice test

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Article 27 – Freedom from payment of tax

Article 28- Freedom from attending religious instruction in educational institutions.

Can Institutions impart religious instructions?

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 Borrowed from US Constitution (Bill of Rights)  Borrowed from USSR Constitution

#1. Parliamentary Committees:

How Parliamentary Committees make Parliament more effective?

Types of Parliamentary Committees:

1) Public Accounts Committee:

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Composition: 22 Member (15 LS, 7 RS).

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Estimates Committee Vs PAC:

3) Committee on Public Undertakings:

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 A minister cannot be elected as a member of the committee.

4) Departmental standing committees:

#2. Legislative council.

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6. Ordinance of governor has to be approved by LA and LC both.

#3. Special powers of RS:

#4. Special powers of Lok Sabha:

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#1. Office of Profit:

Why holding office of Profit for legislator under executive is bad?

Jaya Bacchan Case:

#2. Parliamentary privileges:

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Breach of Privilege and Contempt of the House:

What house can do?

#3. Parliamentary proceedings:

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