Flash Polity March 2024

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Table of Contents
TOPIC Page No.
1. Constitution Basics 4
2. States Reorganisation 7
3. Comparing Constitutions (1/2) 9
3. Comparing Constitutions (2/2) 15
4. Fundamental Rights 17
5. DPSP & FD 22
6. Emergency 25
7. Parliamentary System Vs Presidential System 26
8. President Vs Governor 27
9. PM Vs CM 32
10. Parliament Vs State Legislature 34
11. Bills 39
12. Parliament Sessions 41
13. Parliamentary Committees 43
14. SC vs HC 53
15. Panchayati Raj 57
16. Constitutional Bodies (1/2) 59
16. Constitutional Bodies (2/2) 62
17. Non-Constitutional Bodies (1/2) 65
17. Non-Constitutional Bodies (2/2) 69
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1. Constitution Basics
Source Constitution Provisions
Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and
British Constitution
bicameralism.
Fundamental rights, independence of judiciary, judicial review, impeachment of the president, removal of Sup-reme Court and high court judges and post of
US Constitution
vice-president.
Irish Constitution Directive Principles of State Policy, nomination of mem-bers to Rajya Sabha and method of election of president.
Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the
Canadian Constitution
Supreme Court.
Australian Constitution Concurrent List, freedom of trade, commerce and inter-course, and joint sitting of the two Houses of Parliament.
Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency.
Soviet Constitution (USSR, now Russia) Fundamental duties and the ideal of justice (social, economic and political) in the Preamble.
French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble.
South African Constitution Procedure for amendment of the Constitution and election of members of Rajya Sabha.
Japanese Constitution Procedure established by Law.
Government of India Act of 1935 Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details.
Features Explanation
Lengthiest Written Constitution Originally 395 articles divided into 22 parts and 8 schedules.
Rigidity keeps core values intact.
Flexibility meets changing demands.
Blend of Rigidity and Flexibility Article 368 provides for two type of amendments -
1.by special majority
2.special majority+ ratification of half of the state legislatures .
However some provisions can be amended by simple majority.
Unitary features like single constitution and citizenship, All India Services, appointment of governor, Destructible states, Emergency, Single election
Federal System with Unitary Bias
commission etc.
Parliamentary Form of Government Based on cooperation and coordination between legislative and executive organs.
Proper synthesis between the British principle of Parliamentary sovereignty(Parliament has the sole authority over law making on anything) and the
American principle of judicial supremacy(judiciary the ultimate authority to interpret the Constitution and laws of a country.) In India we have Constitutional
Constitutional Supermacy
supermacy where constitution is supreme not the organs.
SC at top of heirarchy then HC for one or more states below SC then below it subordinate courts. Separation of powers under art 50 to keep judiciary
Integrated + independent judiciary
independent.
6 FRs under part-3. Promotes the idea of political democracy.
Fundamental Rights
Act as limitation on the tyranny of the executive and arbitrary laws of legislature.
Under Part-IV
DPSPs
Promotes the ideal of social and economic democracy.
1. Added by 42nd amendment(1976).
2. Recommended by Swarn Singh Committee.
Fundamental Duties
3. 11 Fundamental duties
4. Not directly enforceable but through some acts.
Simply put Secularism means separation of religion from state. It ensures
1. That one religious community does not dominate another;
Secular State
2. That some members do not dominate other members of the same religious community;
3. That the State does not enforce any particular religion nor take away the religious freedom of individuals.
Universal Adult Franchise Adults; irrespective of their caste or education, religion, color, race, and economic conditions are free to vote.
Independent Bodies Like ECI, CAG etc
Through 97th constitutional Amendment Act 2011 -
1.Right to form cooperative societies a fundamental right ( article 19)
Cooperative Societies
2.Included in DPSPs ( Article 43B)
3. Added new part lX-B
Preamble Points to remember

1. USA: 1st country to adopt.
2. Philosophy of the Constitution.
3. Taken from JL Nehru’s Objective resolution,1946
4. Socialist, secular and integrity were added by the 42nd Amendment,1976.
Introduction
5. People of India are source of power to Constitution not Preamble.
6. Non enforceable independently but enforced by other provisions.
7. Declares ideals and objectives + helps in legal interpretation of the Constitution.
8. States peoples’ aspirations to be achieved
1. Sovereign
2. Socialist
3. Secularism
4. Democratic
Keywords 5. Republic
6. Justice- social, economic and political.
7. Liberty- of thought, expression, belief, faith and worship.
8. Equality
9. Fraternity: It Covers Both Dignity of individual, National unity and integrity.
1. Berubari case, 1960: Preamble is not a part of the Constitution.
Cases
2. Kesavananda Bharati case,1973: Preamble is a part of the Constitution.
Schedules Subject Matter

1.Names of the States and their territorial jurisdiction
First schedule
2.Names of the Union Territories and their extent
Provisions relating to the emoluments, allowances, privileges and so on of :
The President of India, The Governors of the states
Second Schedule The speaker and deputy speaker of lok sabha and the state legislative Assembly in the states
The chairman and the Deputy Chairman of the Rajya sabha and the state legislative council in the states
The judges of Supreme court, High courts and Comptroller and Auditor General of India
Forms of oaths or Affirmations for :-
The union Ministers , Candidates for the election to the parliament and the members of Parliament.
Third Schedule
The state Ministers , Candidates for the election to the State legislatures and the Members of the State legislatures.
Judges of Supreme court, High courts and Comptroller and Auditor General of India
Fourth Schedule Allocation of seats in the Rajya sabha to the states and the union territories
Fifth Schedule Provisions relating to the administration and control of Scheduled areas and Scheduled tribes
Sixth schedule Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram
Divisions of power between the Union and the states in terms of
List 1- Union List : contains 100 subjects (originally 97)
Seventh Schedule
List 2- State List : contains 61 subjects(originally 66)
List 3- Concurrent List : contains 52 subject(originally 47)
Eighth Schedule Languages recognised by the Constitution. Originally it had 14 languages but presently there are 22 languages.
Acts and Regulations of the state legislatures dealing with land reforms and abolition of the Zamindari system and of the Parliament dealing with other
matters .
Ninth Schedule:
This schedule was added by 1st Amendment 1951.
Now the laws included in this schedule are open to Judicial review
Provisions relating to disqualification of the members of the Parliament and State legislatures on the ground of Defection.
Tenth Schedule
This schedule was added by the 52nd Amendment Act of 1985 , also known as Anti Defection Law
Specifies the powers , authority and responsibilities of Panchayats and it contains 29 subjects.
Eleventh Schedule
This schedule was added by the 73rd Amendment Act of 1992
Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters.
Twelfth Schedule
This schedule was added by the 74th Amendment Act of 1992
List of terms where Constitution is not clear:

Not Mentioned Federation, Judicial Review, Vice President removal, Offices of leader of house and leader of opposition
Mentioned but not defined Minority, Martial law, Untouchability, Cabinet - Added by 44th CAA but without defining
2. States Reorganisation
1947 Independnece Act- 2 dominions: India and Pak. 549 princely states joined India except 3 - Hyderabad, Junagarh and Kashmir- which did join in later by Police action, Referendum and
Instrument of Accession respectively
Category Description Administration States and Territories
Assam, Bihar, Bombay, East Punjab, Madhya Pradesh, Madras,
Part A Former British provinces An elected governor and state legislature
Orissa, Uttar Pradesh, West Bengal
Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala
Part B Former princely states or groups of Covenanting states Rajpramukh (former princes) and East Punjab States Union (PEPSU), Rajasthan, Saurashtra,
Travancore-Cochin, Vindhya Pradesh |
Ajmer, Coorg, Cooch-Behar, Bhopal, Bilaspur, Delhi, Himachal
Part C Former princely states and provinces Chief commissioner
Pradesh, Kutch, Manipur, Tripura
Governor appointed by the Indian
Part D Union Territory Andaman and Nicobar Islands
president
Year Action Taken Act Total States Total UTs

SK Dhar Commission - recommended- Reorganisation on the basis of
1948
administration and rejected linguistic factor - highly resented
JVP Committee - formally rejected language as the basis for
1948
reorganisation
Andhra State from the Telugu-speaking northern districts of Madras
1953 State. Andhra Pradesh: formed by the merger of Andhra State (1953– Andhra State Act, 1953
56) with the Telugu-speaking areas of Hyderabad State.
Fazl Ali Commission ( K M Panikkar and H N Kunzru) - accepted
language as the basis of reorganisation But rejected "One language One
state" theory.
Madhya Pradesh: Madhya Bharat, Vindhya Pradesh, and Bhopal State
States Reorganization Act
were merged into Madhya Pradesh.
Abolished 4-fold classification. Part A and
Kerala: formed by the merger of Travancore-Cochin state with the
B merged; Part C territories – HP
1956 Malabar district and Kasaragod taluk of South Canara district of the 14 6
(including Bilaspur), Delhi, Manipur, and
Madras Presidency.
Tripura were made UTs; rest merged with
adjoining states; Part D was made a UT.
And other reorg.
1960 Bombay divided into Maharashtra and Gujarat Bombay Reorganisation Act, 1960 15 6
1961 Dadra and Nagar Haveli becomes UT 15 7
1962 Goa, Daman and Diu as UTs; Nagaland as state; Puducherry as UT 16 10
1966 Punjab bifurcated; Haryana and Chandigarh created Punjab Reorganisation Act, 1966 17 11
Himachal Pradesh Reorganisation Act,
1970 Himachal Pradesh becomes a state 18 10
1970
North-Eastern Areas (Reorganisation) Act,

1971 Manipur, Tripura, and Meghalaya become states 21 10
1971
1975 Sikkim becomes a state 22 10
1986 Mizoram and Arunachal Pradesh become states 24 8
1987 Goa becomes a state 25 7
1991 Delhi becomes the National Capital Territory of Delhi 25 7
Bihar Reorganisation Act, 2000
Madhya Pradesh Reorganisation Act,
2000 Chhattisgarh, Uttarakhand, and Jharkhand become states 28 7
2000
Uttar Pradesh Reorganisation Act, 2000
2014 Andhra Pradesh bifurcated to form Telangana Andhra Pradesh Reorganisation Act, 2014 29 7
2019 Jammu and Kashmir reorganized into two UTs 28 9
Earlier Name Renamed as

1950 United Province Uttar Pradesh
1953 Hyderabad Andhra
1956 Vindhya Pradesh, Madhya Bharat Madhya Pradesh
1956 Travancore-Cochin Kerala
1960 Bombay Gujarat and Maharashtra*
1969 Madras State Tamil Nadu
1973 Mysore Karnataka
1973 Laccadive Minicoy and Amindivi Islands Lakshadeep
2006 Pondicherry Puducherry
2006 Uttaranchal Uttarakhand
3. Comparing Constitutions (1/2)

Attributes/
INDIA USA BRITAIN CHINA FRANCE CANADA
Countries
1. neither too rigid nor
1. Written constitution and too flexible, and it
1. Written Constitution shortest constitution in closely resembles USSR 1. Written
1. Unwritten Constitution 2. socialist
Nature of 2. Both flexible as well as rigid history 1. Written Constitution
2. flexible- Bills passed, amended country where the
Constitution 3. India is a republic and democratic 2. So rigid in nature 2. highly restrictive
and repealed by a simple majority Communist Party rules
country 2. highly restrictive instrument.
instrument. as the supreme
authority
USA has a Symmetrical and

India is Cooperative and Asymmetrical
Dual Federalism. USA
federalism: States have been given
constitution provides a role to
representation in Rajya Sabha in
states in ratifying the
acc to their population and Centre
international treaties through A strong unitary state. Canada is a
interferes in States functions (Appt of
the Senate. There is a strong central federation with
Governors,Art 370, 371 provide special Unitary- British parliament is
"USA is an indestructible government, but It has a unitary form of strong centre. Over
Unitary versus provisions to few states.) sovereign, executive organs of
union of regional governments as government and a semi- the years there has
Federalism "India is Indestructible Union of the state are subordinate to the
indestructible states" distinct bodies have not presidential government. been a shift and
Indestructible States" parliament
been established by the more powers to the
Quasi Federal- Powers are shared by the
Source for more details: https: Constitution. States
national and state governments.
//www.civilsdaily.
Indian Constitution is Federal in Form
com/constitution-of-usa-
but Unitary in spirit and no state has the
features-comparison-with-
right to secede from the federation.
indian-other-constitutions/
Presidential form of
A constitutional monarchy which
government, electorate Constitutional
India has a parliamentary system of is not incompatible with
chooses the head of state. monarchy.
Government government. The executive branch of democracy.
The President has great One Party System. The British Queen is
Structure the Indian government is led by the The King does not have any
authority and is not subject to the formal head of
President of India. discretionary authority. He/she is
the House of Congress. the state
referred to as ‘Golden Zero.'
Attributes/
Countries
The executive in British has

individual legal responsibility.
China's executive
In India there is no legal responsibility. Executive is known as THE
branch, or cabinet, is
Executive is formed of the following: The President executes the CROWN consisiting of
called the State Council.
• President law. • King
Executive The Premier, four Vice
• Vice-President The term is fixed and does not • Prime Minister
Premiers, and State
• Council of Minister with PM as the depend on legislature • Council of Ministers (CoM)
Council members serve
head • Permanent Executive, the Civil
as its leaders.
Servants
• Privy Council.
Elected by the Congress

for a period of five years
American President combines and regarded as the
President is the nominal Head of the head of the state.
both the Head of State and
State elected for five years and can be The President and Vice- The President is elected
the Head of Government.
elected for any number of times. President had a two- for a fixed term (5 years).
Term is four years and he is The UK is a constitutional
President is an integral part of the term limit until 2018. In The President shall be
only permitted to serve in monarchy, where the monarch
Parliament without being a member of March 2018, the elected by an absolute
that capacity twice. (King) is the Head of State and
President either of the Houses. majority of votes polled
The president has a valid veto. the Prime Minister is the Head of National People's
He is indirectly chosen by the state and (Second Ballot system).
President is independent in Government who then selects all Congress passed a
federal legislatures and is not constitutional The French President is in
the administration of the the ministers
answerable to the Parliament. amendment repealing charge of foreign affairs
government and rather
It does not provide a deadline for the presidential term limits, and domestic issues.
directly responsible to the
President to sign a bill. enabling the incumbent
people of USA
president and vice
president to serve
indefinitely
Attributes/
Countries
Prime Minister is an PM is not directly
advisor and assistant to elected. s/he is the
the President to the leader of political
President (concept of part who won most
The prime minister to solely be a cohabitation)
PM can be a member of either House of recent elections.
Prime Minister member of the House of • The PM, is in charge of
Parliament. s/he manages and
Commons. the company's day-to-day controls the
operations. parliamnet and do
• Local government and not require consent
domestic matters of the Parliamnet
The French Parliament

lacks dominant
2 houses: House of lawmaking. The Act established
Representatives and the The legislature has a list a federal
Senate of subjects on which it Parliament,
British parliament is sovereign
House of Representatives is should pass legislation, consisting of the
and can make, amend or repeal
one of the weakest lower while the President Monarchy and two
any law Parliament is divided into
Bicameral legislature with fixed seats in houses in the world. makes the law on the rest legislative
2 chambers: the House of Lords,
both houses - Lok Sabha and Rajya Senate: The body is of the issues. chambers, the
whose authority is unfixed, and
Sabha. permanent and world's most The French Parliament is House of Commons
the House of Commons.
Legislature Parliament is not sovereign deriving its powerful upper house. bicameral, consisting of 2 (or Lower House)
Amendments: It may be
power from the Constitution. Ordinary Bills, Amendment houses: National and the Senate (or
proposed by the House of Lords
The executive comes from the Bills, and Money Bills all fall Assembly and the Senate. Upper House).
and approved by them. But it
legislature and falls under its ambit. under its jurisdiction. The National Assembly's Members are
only has limited authority; if it
Senators serve 6-year terms. significantly greater elected by First
rejects a piece of law, it can only
Every two years, one-third of powers than the Senate's pass the Post
delay passage for up to a year
the members/Senators leave. make the French similar to Britain
Executive and Legislature are bicameral system an and known as
independent. unequal one. Ridings
The Senate cannot be
dissolved.
Attributes/
Countries
The Supreme Court

1. one system for England and
of Canada is the
Judges are appointed by the Wales, another for Scotland, and The highest body is the
highest court and
President and confirmed by a third for Northern Ireland. In Supreme People's Court. The High Council of
final authority on
the Senate. most cases, The Supreme Court China maintains a Court Justice nominates the
civil, criminal and
no qualification mentioned. sits above all of these as the final of Procuratorates that judges.
constitutional
A collegium method is employed for Independent Judiciary court of appeal. handles cases of official The President and
matters.
appointing judges to the higher System. 2. Judges can only be dismissed corruption. members of the judiciary
Judiciary The court's nine
judiciary. Appointment and removal are from office for cause, for serious Chinese law has never are in charge of this body.
members are
very much similar to the UK's model. Through judicial oversight of misbehaviour and in accordance been systematically The President is also
appointed by the
executive and legislative with a protocol that has been codified. Conventions, referred to as the
Governor-General
actions, the judiciary keeps an developed. rather than rules, have 'Guardian of the
on the advice of the
eye on the other branches of 3. For removal, it is necessary to kept the Chinese judicial Judiciary'.
Prime Minister and
government. obtain the approval of both system together.
the Minister of
Houses of Parliament.
Justice.
Two citizenship: one as a

One constitution one Citizenship.
citizen of the United
You lose Indian citizenship as soon as Dual citizenship is permitted in
Citizenship States and the other as a
you accept the citizenship of other the UK
citizen of their respective
country.
state.
Impeachment of President by the Parliament has retained the
legislature- power to impeach.
Removal of the president
Reasons for impeachment: The impeachment of the
is the same as that of the
- Violation of constitution- nowhere President by the legislature. The King/ Queen cannot be
US but a committee
Impeachment/ mentioned in the constitution The Judges of SC are removed impeached
called High Court of
Removal by the Congress and the
Justice is formed will
The Parliament can remove judge President King is said to have complete
enquire about the
through impeachment for: by impeachment. immunity and
impeachment causes of
- proven misbehavior or incapacity. is unable to commit any
the president.
wrongdoing
Attributes/
Countries
The purpose of FRs- to promote the
concept of political democracy and Bill of Rights and additional
All People's Republic of
create a government of laws and not of human rights in US, no
China residents over the Canadian Charter of
men person’s life and liberty shall
Fundamental rights in the United age of 18 have the legal Rights and
Fundamental They are limitations on the tyranny of be deprived without 'due
Kingdom are European Union right to vote, to run for Freedoms is a bill of
Rights, Duties the executive and arbitrary laws of the process' of law.
protections that in other contexts office, and to enjoy rights entrenched
and DPSP legislature. (In India) person's life and
are often known as human rights. other rights including in the Constitution
6FRs are provided under the constitution liberty can be taken away
equal pay for equal of Canada.
(Part 3) + DPSP(Part 4) and FD (Part 4A), according to the 'procedure
labour and others.
it gives wholeness to the idea of established by law.'
democracy.
no use the term 'emergency',
An emergency may be declared in India Emergency regulations may make
but it does state that the writ
if there is a war or armed rebellion. provision of any kind that could
Emergency of Habeas Corpus may be These powers are with
All Fundamental Rights, with the be made by an Act of Parliament
Provisions suspended in the event of the President
exception of the right to life (Art 21), or by exercise of the Royal
rebellion and invasion of
may be suspended in an emergency. Prerogative
public safety
3 principles of Rule of Law in
Britain is given by Dicey: 1.
Protection form arbitrary arrest
and opportunity to defend
2 ways to amend the oneself 2. Equality before law 3.
Constitution: The Constitution is the result of Follows the rigid principle
1. Proposed by the Congress rights of the individuals protected of secularism: The state
Principles followed:
and ratified by the States by the courts in British does not support religious
1. Protection form arbitrary arrest and
2. Proposed by States and Constitution activities but also does
Other opportunity to defend oneself
ratified by the States, if Speaker-Once a Speaker, always not interfere in private
Provisions 2. Equality before law
passed The Congress will call a Speaker is the rule in the UK. A religious practices. It
Speaker does not have to resign from
the convention and ratifies by Speaker's local constituency is prohibits any visible
the political party
3/4 of the states. uncontested. religious symbols in public
Pigeon Holing- Bill gets When a person is appointed spaces
defeated at the committee Speaker, he formally resigns from
stage before reading his political party.
Shadow cabinet members from
the opposition party hold a
similar portfolio as the minister.
Attributes/
Countries
A quasi-federal
form of
government — a
Fundamental Rights, Judicial
federal system with
Review, Institution of
a strong central
Speaker, Impeachment of
government,
Ireland : DPSP, Nomination of members President and Removal of
appointment of
to Rajya Sabha, Method of Election of Judges, Equal protection
state governors by
President under law, Rule of Law, Republic and the ideals of
Features Parliamentary form of System, the centre,
USSR : Fundl Duties, A Constitutionally Procedure established by Law Liberty, Equality and
Borrowed by Rule of Law, Writs, single Distribution of
mandated Planning Commission. Indian Vice President is Fraternity in the
India citizenship powers between
Russia : Fundamental Duties Idea of modelled on the US office, Preamble
the central govt
Social, Economic, and Political Justice in with some differences.
and state govts,
Preamble eg: he can hold the office of
Residual powers
president in case of a vacancy
retained by the
only till the new president is
central govt,
not elected
advisory
jurisdiction of
Supreme court
3. Comparing Constitutions (2/2)

Attributes/
Countries
SWITZERLAND JAPAN SOUTH AFRICA AUSTRALIA GERMANY
1. written constitution.
Nature of 1. partly written, and partly 1. Written 1. Written
2. non flexible- rigorous one 1. Written Constitution
Constitution unwritten Constitution 2. Generally it is rigid to amend
Australian federation is
modeled on the US federation.
For example, residuary powers Germany is a federation and
Unitary versus democratic and
Spirit of Republicanism are with the states, Governors the residuary powers in
Federalism independent nation
of the states are elected by the Germany lie with the states.
people and formally appt by the
British Queen
parliamentary form of government and a number of
Switzerland is known for its direct basic liberties. the Commonwealth of Australia
democracy. It is hailed as a constitutional Monarchy: According to its provisions, was created in 1901, when the
Government
Dynamic Constitution (features the Emperor of Japan serves as "the symbol of the former British colonies—now
Structure
like protection of individual, State and of the unity of the people" and performs the six states—agreed to
welfare state et al) only ceremonial duties without having any formal federate.
authority.
The Emperor, under the direction of the Diet, Ministers are bound by the
appoints the Prime Minister, who serves as the head principle of Cabinet solidarity,
Executive vested in the Federal
Executive of the executive branch. which closely mirrors the British
Council
He must be both a civilian and a member of one of model of Cabinet government
the Diet's houses responsible to the Parliament.
Federal Council elected by

President
Federal Assembly
PM is elected by both the Houses of Parliament called

the Diet. It is not enough for a person to be a leader
Prime Minister Chancellor = PM
of the majority party. He has to be elected by both
the houses
Attributes/
Countries
SWITZERLAND JAPAN SOUTH AFRICA AUSTRALIA GERMANY
Consists of two chambers: the
House of
Representatives and the Bundestag = Lower House·
Senate. Members are elected for a 4
The Diet, which comprises the House of Senators are elected for six- year term. · The method of
Direct Democracy can be implies-
Legislature Representatives and the House of Councillors, has year terms, and in an ordinary election is known Mixed
Referendum
legislative authority general election only half the Member Prtoportional
senators face the voters. Representation. Bundesrat =
The average life of Parliaments Upper House
is about two-and-a-half years.
The Supreme Court and lower courts are given

Judiciary cannot rule invalid a judicial authority. Japan is typically regarded in
Judiciary
federal law academic studies as a constitutional monarchy with a
civil law system.
Freedom of trade and
Procedure for commerce within the country
amendment- two- and between the states, Power
Borrowed Features thirds vote in of the national legislature to Suspension of FR during
Procedure Established by Law
by India Parliament make laws for implementing emergency.
Election of Rajya treaties, even on matters
Sabha members. outside normal Federal
jurisdiction ,Concurrent List
4. Fundamental Rights
1. In Part III of our Constitution. 5. Fundamental rights which impose absolute limitations and cannot be 9. FR Available to all resident of India both citizens and foreigner. Art 14,
2. Magna carta of Indian Constitution. regulated by the legislature are covered by Art 15, 17, 18, 20, 24. 20, 21, 23, 25, 26, 27 and 28.
3. Put limits on the tyranny of the Executive and 6. Not absolute but with certain restrictions. 10. Negatively worded as prohibitions on the State like Art - 14, 15(1), 16
arbitrary laws of Legislature. 7. Important for the overall development of the Citizens. (2), 18(1), 20, 22(1) and 28(1)
4. Parliament can amend. 8. FR Available to Indian citizens. Art 15, 16, 19, 29 & 30 11. Rights outside of FR - Art 265 - Right to Trade, Art 300 - Property is a
legal right 44th Amendment Act,1978 (Legal Right)
Art12 Definition of State includes 4 points
1. Government and Indian Parliament i.e. executive and Legislature of the Union.
2. Government and legislature of the states.
3. All local and other authorities within the territory of India - municipalities, panchayat, district boards, improvement trust
4. All local and other authorities under the control of GOI - authorities like LIC, ONGC, SAIL etc
As per SC, a private body or an agency working as an instrument of the state falls within the meaning of state under the Art 12
Art13 All 'laws' that are inconsistent with or in derogation of any of the Law includes : 1.Permanent, temporary laws made by the Parliament, Ordinances.
Fundamental Rights shall be void. 2.Delegated legislation like: order, byelaw, rule, regulation or notification.
Article 13 doesn’t include Constitutional Amendment as a law. 3.Non legislative sources of law that is custom or usage having force of law.
Art14 5 exceptions
The state shall not deny to any person equality before the law or the equal protection of the laws within the
1. Art 31C: It provides that the laws made by the state for implementing
territory of India.
the Directive Principles contained in Art 39 (b) or clause (c) of cannot be
challenged on the ground that they violate Article 14. “Where Article 31-C
Equality Before Law Equal Protection of Law comes in, Article 14 goes out,” the Supreme Court ruled.
Negative concept Positive concept 2. 361 Protection of President and Governors and Rajpramukhs
361(1) Not answerable to any court for performance of their duties.
Absence of any special privilege in favor of any person Right to equality of treatment in similar 361(2) No Criminal proceeding
circumstances. 361(3) No arrest
It says law is same for rich or poor, official or non- It says like should be treated alike and not that unlike 361(4) No civil proceeding
official, high or low should be treated as alike 3. Art 361A: No person liable for any civil or criminal proceedings in any
court in respect of publication in news report of true report of any
Dicey's concept of rule of law. Treated as due process of law. proceedings of Parliament or state legislature.
British Origin American Origin 4. Art 105: Parliamentary Privilege of Members of Parliament
5. Art 194: Privileges of state legislature in the legislature or any
committee thereof.
Art 15 State shall not discriminate against any citizen on 5 Laws passed
grounds - (1)religion, (2)race, (3)caste, (4)sex or (5) 1. Reservation for OBC in Educational Institutions: Enacted Central Educational Institutions (reservation in admission) Act, 2006;
place of birth. quota for 27% reservation for OBC in all central higher educational institutions, including the IITs and the IIM. Exception in article
This provision prohibits discrimination both by the 15 (C).
State and private individuals. 2. Reservation for EWS in Educational Institutions: The 103rd Amendment Act of 2019 Central Government issued order in 2019 a
Article 15(3) and 15(4) are foundational bricks of 10% reservation to EWS in admission to educational institutions added the aforementioned exception (C).
reservation in the country
Art 16 Equality of Opportunity for all citizens in matters of 4 Exceptions

employment or appointment to any office under the 16(3) Residence within a state is a qualification for appointment for any government post.
state. 16(4)For reservation of posts in govt. jobs in favour of any backward class.
No discrimination on 7 grounds- (1)religion, (2)race, (3)16 (5)Provides for the incumbent of any office, in connection with the affairs of any religious or denominational institution or any
caste, (4)sex, (5)descent, (6)place of birth or (7) member of the governing body shall be a person professing a particular religion or belonging to a particular denomination is not a
residence. violation of the Constitution.
State permitted to make a provision for the reservation of upto 10% of appointment of post in favour of any EWS of citizen
Art 17 Abolition of Untouchability: forbids Untouchability in Laws passed
any form The Parliament enacted the Untouchability (Offences) Act, 1955. In 1976, it was made more stringent and was renamed ‘The
Does not cover social boycott of few individual or their Protection of Civil Rights Act, 1955.
exclusion from religious services etc. Mysore high court: Subject matter of article 17 is not untouchability in literal or grammatical sense but the "practice as it had
Available against private individual and the developed historically in country’s social disability
constitutional obligation of the state to take necessary imposed on certain classes".
action to ensure that this right is not violated.
**Constitution of India does not define
“Untouchabiliy”. Neither does the Act.
Art 18 Prohibits the state from conferring any title (except a SC Judgements
military or academic distinction) on anybody, whether Balaji Raghavan VS UoI, 1996: SC upheld validity of National Awards: Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma
a citizen or a foreigner. Sri. ‘Theory of equality does NOT mandate that merit should not be recognized'.
Prohibits a citizen of India from accepting any title SC ruled that these awards do not amount to ‘titles’ within the meaning of Art. 18 that prohibits only hereditary titles of nobility.
from any foreign state. SC also ruled that they should not be used as suffixes or prefixes to the names of awardees.
Art 19 Right to Freedom - Provides 6 Freedoms Exceptions Amendments
19(1)(a) -To freedom of speech and expression; 8- Art 19(2):: (1) Sovereignty and integrity of India,(2) The security of the state, (3) Friendly relations with 1st (1951) & 16th
foreign states,(4) Public order,(5) Decency or morality or(6) Contempt of court, (7)Defamation or(8) (1963)
Incitement to an offence Amendments
19(1)(b) -To assemble peaceably and without arms; 2 - Art 19(3) 16th(1963)
(1) )Sovereignty and integrity of India,(2) Public order Amendments
19(1)(c) -To form associations or unions and co- Three- Article 19(4)(1) Sovereignty and integrity of India (2) Public order ((3) Morality 16th(1963) and
operative societies 97th Amendment
19(1)(d) -To move freely throughout the territory of 2- Art 19(5)
India; (1) Protection of interest of general public , and (2) Scheduled tribes
19(1)(e) -To reside and settle in any part of the 2- Article 19(5)
territory of India;
19(1)(f) -to acquire, hold and dispose of property. 2- Article 19(5) 44th, 1978
*Omitted* Do (Omitted) Amendment
19(1)(g) -To practise any profession, or to carry on any 3- Article 19(6) 1st Amendment,
occupation, trade or business (1) Interest of general public,( (2) The professional or technical qualifications (3) State monopoly 1950
Art 20 Protection from arbitrary and disproportionate punishment for an accused person who is a citizen, a foreigner, or a legal person such as a company or corporation
Art 21 Constitution provides for a 2-fold guarantee: SC Judgements

1.No person shall be deprived of his life and personal liberty except according to the law (Article 21). A.K Gopalan vs. the State of Madras, 1951: The Supreme Court has taken a
2.Safeguards against arbitrary arrest and detention (Article 22). narrow interpretation. It held that the protection under Article 21 is
Prior to Menaka Gandhi Case (1978), Article 21 guaranteed the Right to Life and Liberty against arbitrary available only against arbitrary executive action and not from arbitrary
action of the executive. Article 21 now protects Right to Life and Personal Liberty even from legislative action. legislative action. This means that the state can deprive a person of the
It includes - rights available in Article 21 based on a law.
Right to live with human dignity.
Right to livelihood. Maneka Gandhi vs. UOI, 1978: The SC overruled its judgment of the
Right to privacy. Gopalan Case by taking a wider interpretation of Article 21. It ruled that
Right to shelter. the right to life and personal liberty of a person can be deprived by law on
Right to health and Medical Assistance. the condition that the procedure prescribed by that law is reasonable, fair,
Right to free legal aid. and just. Further, it clarified that the right to life does not merely mean
Right against solitary confinement. animal existence. It held that all those aspects of life which go to make a
Available to 'citizens' and 'non-citizens'. man’s life meaningful, complete, and worth living will be included in this.
Right to Education is a Fundamental Right under Article 21-A (86th Constitutional Amendment 2002).
Provision of Compensation if Article 21 is violated.
Right to Death is not a FR under Article 21.
Art 22 Grants protection to persons who are arrested or detained
-Preventive detention without trial and conviction by court
-Punitive detention punishment after trial and conviction
Ordinary Law Preventive Detention
Right to be informed of the grounds of arrest. Grounds of detention should be communicated. However facts considered to be against public interest need not be disclosed.
Right To Consult and be defended by a legal Should be afforded an opportunity to make representation against detention order
practitioner.
Produced before a magistrate within 24hrs. 3 months unless an advisory board reports sufficient cause for extended detention.
RToRelease after 24hrs unless magistrate authorises. *Parliament can also prescribe circumstances in the preventive detention law in which person can be detained for more than 3
months
Not available to aliens Also to aliens
Art 23 & Right Against Exploitation Exception
24 Article 23 Compulsory services for public purposes (such as conscription to the armed forces) are not unconstitutional.
prohibits traffic in human beings and forced labour Such service the state shall not make any discrimination on 4 grounds of 1.religion, 2.race, 3.caste or 4.class or any of them.
protects individual against actions of the state and
private citizens. This right is available to both citizens Laws passed
and non-citizens. Suppression of Immoral Traffic in Women and Girls Act, 1956
Article 24 Bonded Labour System (Abolition) Act, 1976
prohibits employment of children below 14 years of The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission
age in a dangerous occupation, factory and mines. and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of
offences against children or of violation of child rights.
Art 25 & Right to Freedom of Religion Exceptions

Art 26 Art 25 Art 26 Public order + morality + health + other provisions
relating to
Freedom of Conscience and Free Profession, Practice Freedom to Manage Religious Affairs.
fundamental rights + Right to propagate does not
and Propagation of Religion.
include right to convert.
Rights of individuals. Rights of religious denominations or their sections-establish and
maintain institutions for religious and charitable purposes.
Protects individualistic Freedom of Religion Protects collective Freedom of Religion
Subject to 3 things - public order, morality and health Subject to 3 things - public order, morality and health but not subject to
but not subject to other provisions relating to the other provisions relating to the Fundamental Rights.
Fundamental Rights.
Art 27 Right to Freedom of Religion - Freedom from taxation SC Judgments
Freedom from taxation for promotion of religion: No person shall be Ratilal Gandhi vs State Of Bombay, 1954-This provision prohibits only the levy of a tax and not a fee.
compelled to pay any taxes for promotion or maintenance of any Purpose of a fee is to control the secular administration of religious institutions and not to promote or maintain
particular religion or religious denomination. the religion.
Provision prohibits the state from favoring, patronizing and supporting A fee can be levied on pilgrims to provide them some special service or safety measures.
one religion over the other. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.
Art 28 Right to Freedom of Religion - Freedom to attend religious instruction
Freedom to attend religious instruction: No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
Not apply to an educational institution administered by the state but established under any endowment or trust, requiring imparting of religious instruction in such institution.
Article 28 distinguishes 4 types of educational institutions:
1. Institution wholly maintained by the state-completely prohibited
2. Institution administered by the state but established under any endowment or trust-religious instruction is permitted
3. Institution recognised by state
4. Institution receiving aid from the state
Art 29 Cultural and Educational Rights - Protection of Interests of Minorities SC Judgments
1. Any section of citizen having distinct language, script or culture have 1. The right to conserve the language includes the right to agitate for the protection of the language.
right to conserve the same + no citizen can be denied admission into any 2. The scope of this article is not necessarily restricted to minorities only. This is because of the use of words
educational institute maintained by state or receiving aid out of state fund ‘section of citizens’ in the Art. 29 that include minorities as well as majority.
on grounds of Religion, Race, Caste, Language.
2. Both religious as well as linguistic minority.
3. SC: not restricted to minorities only, as ‘sections of citizens’.
**Constitution of India does not define “minorities”.
Art 30 Cultural and Educational Rights - Right of Minorities to Establish and Administer Educational Institutions
Right to establish and Administer educational institute + state will not discriminate while granting aid.
Only to religious and linguistic minorities.
Art 32 Right to Constitutional Remedies Exceptions

It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these Rights 1.Right to move to SC shall NOT suspend except provided by
What is a Writ? CONSTITUTION (not parliament), thus consti provides: President can
Writs are written orders issued by the Supreme Court of India to provide constitutional remedies to protect suspend enforcement of FR
the fundamental rights of citizens from a violation. during National emergency(Art 359)
2. Violation of FR= sine quo non for Art 32- thus can NOT be evoked to
determine constitutionality of executive order or legislation UNLESS
directly infringe FR
Article 32 Article 226
Right Fundamental Right Constitutional Right
Suspension Article 32 can be suspended if an emergency has been declared by the President. Article 226 cannot be suspended even at the time of emergency.
Right to move to SC shall NOT suspend except provided by Constitution(not Parliament).
The Constitution provides: President can suspend enforcement of FR
during National emergency(Art 359)
Scope Narrow scope. Applicable for Fundamental Rights alone Broader scope. Applicable for Fundamental Right but also of Legal Rights
Jurisdiction Broader territorial jurisdiction. Supreme Court to issue writ all over India Narrower territorial jurisdiction as compared to the Supreme Court. issue a
writ in its own local jurisdiction only
Discretion to Since, Article 32 is a Fundamental Right, the same cannot be refused by the Supreme Court. Article 226 confers Discretionary power to the High Court which means it
refuse is at the discretion of the High Court to issue a writ or not.
Writ Purpose Can be issued against
Habeas Corpus Direct the release of a person detained unlawfully A. Public authorities B. Private individuals
Mandamus Direct a public authority to do its duty A. Public body B. Corporation C. An inferior court D. Tribunal E. Govt
Quo Warranto Direct a person to vacate an office assumed wrongfully Only against judicial/quasi- judicial authorities
Prohibition Prohibit a lower court from proceeding on a case Judicial, quasi-judicial and admin. authorities
Certiorari A higher court removes a proceeding from lower court & bring it before itself Only a statutory/ constitutional public office
Art 35 Power to give effect to certain specified Fundamental Rights shall vest only in the Parliament and not in the State Legislatures. This provision ensures that there is uniformity throughout
India with regard to the nature of those Fundamental Rights and punishment for their infringement.
1. Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority.
2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights.
3. Restricting or abrogating the application of Fundamental Rights to members of armed forces,police forces, etc.
4. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area.
5. Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the
fundamental rights.
These include the following:
-Untouchability (Article 17).
-Traffic in human beings and forced labour (Article 23).
5. DPSP & FD
PARAMETERS Fundamental Rights Directive Principles Fundamental Duties
Part III IV IV-A
Article Article 12 - 35 Article 36 - 51 Article 51A
Constitution of Ireland who had borrowed from the
Source Constitution of United States. Spanish Constitution. Constitution of Soviet Union (USSR)
Constant reminder to the citizens that they are to
Supreme human rights recognised to keep them away from Social and economic policies which are to be pursued by observe certain basic norms while they enjoy the
Concept oppression of transient majority the Government. Fundamental Rights.
Article 51A (a): To abide by the Constitution and
respects its ideals and institutions, the national Flag
Example Article 21 Right to life is a fundamental right Article 42: Just and humane conditions of work. and National Anthem.
Political Democracy Economic and social democracy
Negative as they prohibit the State from doing certain
things. Positive as they require the State to do certain things. They prohibit individuals.
They promote the welfare of the individual. Hence, they are They promote the welfare of the community. Hence, they
personal and individualistic. are societarian and socialistic.
Justiciable-they are legally enforceable by the courts in case Non-justiciable-they are not legally enforceable by the
Enforcement of their violation. courts for their violation. Non-justiciable
These have legal sanctions These have moral and political sanctions.
They do not require any legislation for their implementation They require legislation for their implementation They are
They are automatically enforced. not automatically enforced
The courts cannot declare a law violative of any of the
Directive Principles as unconstitutional and invalid.
The courts are bound to declare a law violative of any of the However, they can uphold the validity of a law on the
Fundamental Rights as unconstitutional and invalid. ground that it was enacted to give effect to a directive.
DPSP Articles:
Article 36 Definition of state
Article 37 Application of the directive principles
Article 38 State to secure a socail order for the promotion of welfare of the people
State policy must secure adequate means of livelihood.
Equitable distribution of resources among all.
Prevention of concentration of wealth and means of production.
Equal pay for equal work for men and women.
Preservation of health and strength of workers and children against forcible abuse.
Article 39 Opportunity for healthy development of children (42nd Amendment)
Article 39A To promote equal justice & to provide free legal aid to the poor (42nd Amendment).
Article 40 To organize village Panchayats (grass root level democracy).

Article 43 Promote cottage industries on an individual or cooperation basis in rural areas.
Article 43A To promote voluntary formation, autonomous functioning, democratic control & professional
Article 43B Management of Co-operative Societies (97th Amendment 2011).
Article 44 Uniform Civil Code
Article 45 To provide early childhood care & education for all children until they complete the age of 6 years (86th amendment 2002).
Article 46 To promote educational and economic interests of SCS, STs and other weaker sections of society + to protect them from social injustice and exploitation.
Article 47 Prohibit the consumption of intoxicating drinks and drugs
Article 48 To organize agriculture and animal husbandry on modern & scientific lines.
Article 48A To protect & improve the environment and to safeguard forests & wild life (42nd Amendment
Article 49 Protect monuments or historic interests which are declared to be of national importance.
Article 50 Separation of Judiciary from Executive.
To promote International peace, maintain honorable relations between nation's, foster respect for international laws and treaty obligations and encourage peaceful
Article 51 settlements.
Article 51A Fundamental Duties - there are 11 Fundamental Duties

1 Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2 Cherish and follow the noble ideals that inspired the national struggle for freedom
3 Uphold and protect the sovereignty, unity and integrity of India
4 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 transcending religious, linguistic and regional or sectional diversities and to
5 renounce practices derogatory to the dignity of women
6 Value and preserve the rich heritage of the country’s composite culture
7 Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
8 Develop scientific temper, humanism and the spirit of inquiry and reform
9 Safeguard public property and to abjure violence
10 Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.
11 This duty was added by the 86th Constitutional Amendment Act, 2002.
Supreme Court SC View

Case
Champakam Dorairajan If any conflict between FR & DPSPs, FR would prevail over DPSPs. DPSPs can be amended by the Parliament by enacting Constitutional Amendment.
Case 1951
Shankari Prasad Case The First Amendment added Article 31A to the Constitution, which provided for the protection of such laws enacted by State Legislatures. The Shankariprasad case upheld
(1951) the constitutionality of Article 31A and its protection of laws aimed at achieving these DPSPs.
Golaknath Case 1967 Parliament cannot take away any of the FR which are sacrosanct. FR cannot be amended for the implementation of DPSPs.
24th Amendment 1971 Parliament has the power to take away any FR by enacting Constitutional Amendment. Inserted Article 31C-Any law for implementation of A.39(b) & 39(c) shall not be void if
it violates A.14 & A.19. Such laws cannot be questioned in courts.
Kesavananda Bharati Parliament cannot take away any of the FR which are sacrosanct. FR cannot be amended for the implementation of DPSPs.
Case 1973
42nd Amendment 1976 Any law for implementation of any DPSP shall not be void if it violates A.14 & A.19. DPSPs accorded primacy over A.14 & A.19.
Minerva Mills Case Above provisions under 42nd amendment declared invalid. Indian Constitutional is founded on the bedrock of balance between FR & DPSP.
1980
Unnikrishnan Case SC ruled that the right to education is a fundamental right flowing from the right to life in Article 21. SC also held that the DPSP need to be implemented and that the right to
(1993): education had the status of a fundamental right.
Sanjeev Coke
Manufacturing
Company vs Bharat
Coking Coal Ltd (1983): SC held that the meaning of Fundamental Rights should be such that it maintains the delicate balance between Fundamental Rights and the DPSP.
6. Emergency
PARAMETERS National Emergency(352) President's Rule(A356) Financial Emergency(A360)
Where Whole of India or a part Individual States All of India
War or external aggression or armed rebellion. Imminent danger is
enough. A356 - Failure of Constitutional machinery in States.
Internal Rebellion was removed from the definition. Bommai case - Corruption or Maladministration cannot be a criteria.
Can only be invoked on the written recommendation of Cabinet not A365 - Whenever a State fails to comply comply with, or to give effect Financial stability or credit of
Grounds COM(44th AA 1978) to, directions given by the Union. India or a part of it is threatened
Approval by both houses with Special Majority
within 1 Month from the date of issue.
Approval valid for 6 months from date of issue.
If RS approves, LS dissolves - approval within 30 days from the 1st Same as National Emergency except approval is required within 2
Approval sitting of the LS. Months from the date of issue and Simple Majority Same as President's Rule
Post 6 months, the same process has to be followed to extend the Post 6 months, the same process has to be followed to extend the
Extention emergency for another 6 months emergency for another 6 months Not required
Validity Indefinitely Maximum of 3 years Indefinitely
1/10 of the Total Members of LS give a written notice
to the Speaker or President(when LS not in session) Beyond 1 year, it can be extended only if 2 conditions are met
A special sitting should be held within 14 days 1. National Emergency exists in whole of India
Termination Need to be passed by Simple Majority only in LS. 2. EC certifies that LA elections cannot be held Only when Prez calls it off
Art 19 - Automatically Suspended in case of External Agression
for the whole of the Emergency. (Art 358)
All Art except 20,21 can be suspended
Effects on FR for whole or part of the Emergency as per the Proclamation. (Art 359) No effect on FR No effect on FR
President dismisses the CM+CoM. Presidents
Executive CoM is not dismissed but they take executive directions from the Center takes over and Governor with help of Chief Secy carry the
Control on all matters. admin on behalf of the President.
President can either Suspend or Dissolve the State Legislature.
If suspended, the Parliament can exercise its legislative powers (or
delegate it to any other authority).
Laws remain operative throughout. States bound to follow financial
LA not dismissed but the system becomes Unitary. When parliament not in session, President promulgates ordinances for guidelines of the center.
Legislative Laws can be passed on State subjects. Such laws remain authorising expenditure from state consolidation fund pending Reduce pay of judges of HC and
Control inoperative after 6 months of Emergency. sanction from the Parliament. functionaries even.
7. Parliamentary System Vs Presidential System

PARLIAMENTARY SYSTEM PRESIDENTIAL SYSTEM
1.Dual executive 1. Single executive
2.Majority Party Rule 2.President and legislatures elected separately for fixed term
3.Collective Responsibility 3.Non - Responsibilty
4.Political Homogenity 4.Political Homogenity may not exist
5.Double Membership 5.Single Membership
6.Leadership of Prime Minister 6.Domination of President
7.Dissolution of Lower House 7. No dissolution of Lower House
8.Fusion of Powers 8.Separation of Powers
Merits Demerits
1. Harmony between legislatures and executive 1.Conflict between legislature and executive
2.Responsible Government 2.Non- responsible Government
3.Prevents Dispotism 3.May lead to autocracy
4.Wide Representation 4.Narrow Representation
Demerits Merits
1.Unstable Government 1. Stable Government
2. No continuity of policies 2. Definiteness in policies
3. Against separation of powers 3. Based on separation of powers
4.Government by amateurs 4. Government by experts
BRITISH PARLIAMENTARY SYSTEM INDIAN PARLIAMENTARY SYSTEM

1. Monarchical system ie Head of the state enjoys a hereditory position (King or Queen) 1. India has a Republican system ie Head of the state is elected
2. Based on the Doctrine of the sovereignty of Parliament 2. India adopts a Doctrine od Constitutional supremay
3. Prime Minister should be a member of Lower House 3. Prime Minister may be a member of any of the two houses of the Parliament
4. Person who is not a member of Parliament can be appointed as a Minister, but only for
4. Only members of Parliament are appointed as Ministers in Britain Maximum 6 months
5. Adopts the syatem of legal responsibility of Ministers 5. India has no such system
6. 'SHADOW CABINET' is an unique institution 6. There is no such institution in India
8. President Vs Governor
President Governor Catch
Article A 52-78 A 153-167
A 54
Indirect Election by an Electoral College consisting of
No Election. He/she is nominated by the Central 1.Only Elected Members of LA
Election 1.Elected Members of Both Houses of the Parliament.
Government and appointed by the President. 2.Legislative Council is not involved
2.Elected Members of Legislative Assemblies of State.
3.Elected Members of LA of UT of Delhi and Puducherry.
A-56
Term 5 years. Subject to the pleasure of the President
5 years
A-57
Re-election
Can be re-elected any number of times. (unlike US President who gets only 2 terms)
A-58
A-157
1.Should be a citizen of India
First 2 are the same. Rest dont apply.
2.Should have completed age of 35 years
Conventions
3.Should be qualified for Election as a Member of Lok Sabha
Eligibility 1.Should be an outsider so he is not involved in the
4.He should not hold any Office of Profit under the Union Government or any of the
local politics
State Governments
2.The President should consult the Chief Minister
*A sitting President or Vice President, Governor and Ministers are not deemed to hold
of the state.
any office of profit.
Nomination must be subscribed by 50 electors as proposers and 50 electors as
Nomination -
seconders.
A 59
1. Shall not be a member of either House of Parliament or of a House of the Legislature
of any State, and if a member of either House of Parliament or of a House of the A 158
Legislature of any State be elected President, he shall be deemed to have vacated his Same as that of the President.
seat in that House on the date on which he enters upon his office as President. 1 Additional Point
2. Shall not hold any other office of profit. When the same person is appointed as Governor
Conditions
3. Shall be entitled without payment of rent to the use of his official residences and shall of two or more States, the emoluments and
be also entitled to such emoluments, allowances and privileges as may be determined allowances payable to the Governor shall be
by Parliament by law and, until provision in that behalf is so made, such emoluments, allocted among the States in such proportion as
allowances and privileges as are specified in the Second Schedule. the President may by order determine.
4. The emoluments and allowances of the President shall not be diminished during his
term of office.
A 60 A 159
Oath
CJI Chief Justice of the concerned State High Court.
Resignation Resignation submitted to the V. President Resignation submitted to the President

Art. 61
a) The procedure is quasi judicial as well as political.
b) The only ground for impeachment is violation of the Constitution.
c) The charge against the President may be initiated in any house of the Parliament. The
charge must be in the form of a proposal contained in a resolution.
d) The notice for moving the resolution must be signed by not less than one fourth of
the total number of members of the House.
No formal process of impeachment. Governer
e) Advance notice of 14 days is required.
Impeachment holds the office during the pleasure of the
f) The resolution must be passed by a majority of not less than two third of the total
President.
membership of the House.
g) After the change is so preferred it is investigated by the House. The President has the
right to appear and be represented in such investigations.
h) If after investigation the House passes the resolution by 2/3 majority and if the other
House also passes this resolution by the same majority, the effect of the resolution
would be that the President shall be removed from his office the date on which the
resolution is passed.
Art. 62
There cannot be an interregnum. Vacancy can occur in 5 ways
1. Expiry of tenure
2. By resignation The VP acts as the President. He
Vacancy 3. Removal by process of impeachment doesnt become the President. He is
4. Death not appointed the President.
5. Otherwise - Eg. if he is disqualified.
Except of 1, in all other circumstances, the election to fill the vacancy has to be held
within 6 months. Till that time, the VP acts as the President.
42nd CAA - Advice of COM is made

a) The executive powers ( the execution of laws passed by the legislative,administrative
binding on President. But not on the
powers and military powers and the powers to carry out the business of the
Same at state level Governor.
Government) of the Union is vested in the President.
In making some of the appointments, the The discretionary powers enjoyed
b) President is not free to use his powers; rather he acts on the advice of the Council of
Governer is required to consult persons other than by the Governor reduces to some
Executive Ministers.This way President becomes a formal head and action is taken in his name.
his ministers as well. Thus, in appointing the extent the power, authority,
Powers c) Administratively, the President may not discharge any function as there are ministries
Judges of the Subordinate courts, the Governer influence, prestige and role of the
responsible for such an act.
shall consult the Chief Justice of state and SPSC as Chief Minister and COM.
d) In making some of the appointments, the President is required to consult persons
he may deem necessary. 44th amendment opened the
other than his ministers as well. Thus, in appointing the Judges of the Supreme Court,
possibility of returning of the Bill
the President shall consult the Chief Justice as he may deem necessary [Art. 124(2)].
once for reconsideration of it by
COM.

The President shall have the power to appoint
The Chief Justice of India and other judges of the Supreme Court of India and
state/union territory high courts.
The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the
constitution).
The Comptroller and Auditor General Of India. The Governer shall have the power to appoint
The Chief Election Commissioner and other Election Commissioners. -The Chief Minister of the State
The Chairman and other members of the Union Public Service Commission. -Other Ministers of the State
The Attorney General Of India. -Advocate General of State
Ambassadors and High Commissioners to other countries (only through the list of names -Judges of District and Subordinate courts
Members of SPSCs are appointed by
Administrative given by the prime minister).[21][22]: 48 -The State Finance Commission(Art 243I)
the Governer but removed by the
Powers Officers of the All India Services (IAS, IPS and IFoS), and other Central Civil Services in -Members of State Public Service commissions.
President
Group 'A'. -State Election Commisioners( Art 243K)
The President shall also have the power to remove The Governer shall also have the power to remove
-His Ministers, individually; -His Ministers, individually;
-The Attorney General of India; -The Advocate General of State.
-The Governor of a State;
-The Chairman or a member of the Public Service Commission of the Union or of a State,
on the report of the Supreme Court;
-A Judge of the Supreme Court or of a High Court or the Election Commissioner, on an
address of Parliament.
a) Summoning, Prorogation, Dissolution: Indian President has the power to summon or
prorogue the Houses of Parliament and to dissolve the Lower House. He shall also have Same except-There is No provision of Joint Sitting
the power to summon a joint sitting of both Houses of Parliament in case of a deadlock in Sate Legislature. (Art 174)
between them. [Arts. 85, 108]
b) The Opening Address: The President shall address both Houses of Parliament
Legislative assembled together, at the first session after each general election to the House of the
Same [Art. 176].
Powers People and at the commencement of the first session of each year, and “inform
Parliament of the causes of its summons” [Art. 87].
c) The Right to send Messages: Apart from the right to address, the Indian President
shall have the right to send messages to either House of Parliament either in regard to
Same at state level
any pending Bill or to any other matter, and the House must then consider the message
“with all convenient dispatch” [Art. 86(2)].

d) Nominating Members to the Houses d)The governer also has the power to Nominate
1. In the Council of States - 12 members are to be nominated by the President from -1/6th Members of the State Legislative Council
persons having special knowledge or practical experience of literature, science, art and (special knowledge or practical experience of
social service [Art. 80(1)]. literature, science, art, cooperative movement and
2. House of the People - 2 members to the House of the People from the Anglo-Indian social service)
community, if he is of opinion that the Anglo-Indian community is not adequately -1 Member from Anglo-Indian community State
Legislative represented in that House [Art. 331]. Legislative Assembly
Powers e) Laying Reports before Parliament: The President is brought into contact with
(Continue) Parliament also through his power and study to cause certain reports(of the Comptroller
and Auditor General, Union Public Service Commission, Finance Commission, and Same at state level
others)and statements to be laid before Parliament, so that Parliament may have the
opportunity of taking action upon them.
f)He can promulgate ordinances when the Parliament is not in session.
These ordinances must be approved by the Parliament within 6 weeks from its Same at state level
reassembly.He can also withdraw an ordinance at any time.(Art 123)
1. He can seek advice from the Supreme Court on any question of law or
fact. However, the advice tendered by the Supreme Court is not binding on the No such Provision.
President.( Art. 143)
same but in matters to which the executive
2. He can grant pardon, reprieve, respite and remission of punishment, or suspend, power of the state extends.
Judicial Powers remit or commute the sentence of any person convicted of any offence: He cannot pardon a death sentence and cannot
-1.In all cases where the punishment or sentence is by a court martial; grant pardon,reprieve, respite, suspension,
-2.In all cases where the punishment or sentence is for an offence against a Union law; remission or commutation in respect to
and punishmentor sentence by a court-martial (Art
-3.In all cases where the sentence is a sentence of death.(Art. 72) 161)

Similar discretionary powers + Reserving Bills for The Governer has more
the President discretionary powers than the
1. President can direct Governor to reserve certain President mainly due to the
Bills. limitation imposed by 42nd
2. Governor can reserve any Bill for the Amendment Act.
consideration of the President. 42nd CAA - Advice of COM is made
President has situational discretionary powers in the following cases:
In 2 scenarios, the Governor has to reserve the Bill binding on President and the
1. Appointment of PM when no party has a clear-cut majority or when the PM in office
Discretionary for the consideration of the President President shall act according to the
dies suddenly and there is no obvious successor.
Powers 1. A200 - If the Bill derogates the High Court and advice rendered by COM.
2. Dismissal of the COM when it cannot prove the confidence of the Lok Sabha
endangers its position. 42nd CAA made the advice binding
3. Dissolution of the Lok Sabha if the COM has lost its majority.
2. A31A, A31C - Law made by State Legislature wrt only on President and not on the
estates and property acquisition requires assesnt Governor.
of the President. 44th amendment opened the
If returned, the legistalture has to consider it possibility of returning of the Bill
within 6 months. No obligation on the President if once for reconsideration of it by
the bill reaches him for the second time. COM.
a)Diplomatic powers- International treaties and agreements are negotiated and
concluded on behalf of the President.
Other Powers No Explicit Diplomatic and Military Powers
b)Military powers - He is the supreme commander of the defence forces of India.
He can declare war or conclude peace, subject to the approval of the Parliament.
Require Previous Sanction of the President Require Previous Sanction of the Governer
Bills 1. Money Bills 1. Money Bills of the State
2. Financial Bills 2. Financial Bills of the State
9. PM Vs CM
PRIME MINISTER CHIEF MINISTER Catch
42nd CAA - Advice of COM is made binding
on President. But not on the Governor.
The discretionary powers enjoyed by the
A74 A-163
Governor reduces to some extent the power,
Establishment COM with the Prime Minister at the head to aid SCOM with the Chief Minister as the head to aid and advise the governor on the
authority, influence, prestige and role of the
and advise the President. exercise of his functions except when he is required to act in discretion.
Chief Minister and COM.
44th amendment opened the possibility of
returning of the Bill once for reconsideration
of it by COM.
A75/164
President/Governor appoints the PM/CM
Election By convention the Leader of the majority party in the Lok Sabha/SLA
(Not required to prove his majority before he is appointed as the PM/CM. The President/Gov may first appoint PM/CM and then
ask him to prove his majority within a reasonable period)
Term Not fixed and he holds the office during the pleasure of the President/Governor and until he enjoys the majority in Lok Sabha/SLA
Oath President/Governor administers to him the oaths of office and secrecy
Recommends persons who can be appointed as Ministers
Relation with
Allocates and reshuffles various portfolios
COM
Resignation or death of an incumbent PM/CM automatically dissolves the CCOM/SCOM
(a) to communicate to the President/Governor all decisions relating to the administration of the Union/State and proposals for
Relation with legislation; Same relation President/PM+COM and
President/ (b) to furnish such information relating to the administration of the Union and proposals for legislation and Governor/CM+COM
Governor (c) if the President/Governor so requires, to submit for the consideration of the CCOM/SCOM any matter on which a decision has
been taken by a minister but which has not been considered by the council.
Leader of the Lower House.
Relation with
Advises the President/Governor with regard to summoning and proroguing of the sessions.
Parliament/Legisla
Recommend dissolution of the Lok Sabha/SLA to President/Governor.
ture
Announces government policies on the floor of the House.
PM/CM advises the President/Governor with regard to the appointment of important officials like Attorney general of
Appoinments India/Advocate General of State, Chairman and Members of the UPSC/State PSC, Election Commissioners/SEC, Chairman and
Members of the Finance Commission/ State FC
1. PM/CM is the chief spokesman of the Union Government/ State Govt.
Other Roles
2.Crisis manager-in-chief at the political level during emergencies
PRIME MINISTER CHIEF MINISTER Catch

Idea of Collective Responsibility
COM work as a team swims or sinks together.
If Lok Sabha/SLA passes a no-confidence motion, entire CCOM/SCOM has to resign including ministers from the Rajya Sabha/SLC.
Individual Responsibility
Responsibilities
States that the Ministers hold office during the pleasure of the President/Governor, which means that the President/Governor can
remove a minister even when the CCoM/SCOM enjoys the confidence of the Lok Sabha on the advice of the PM/CM.
No Legal Responsibility:
Unlike Britain, there is no provision in the Constitution for the system of legal responsibility of a Minister.
Council of Minister:
• Constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution.
Same relation President/PM+COM and
• 3 categories - cabinet ministers, ministers of state, and deputy ministers.
Governor/CM+COM
• Does not meet, as a body, to transact government business.
• Implements the decisions taken by the cabinet.
Cabinet:
• Inserted through 44th CAA, 1978 in Article 352, which only defines the cabinet and does not describe its powers and functions.
Ministers • Includes the cabinet ministers only.
• Meets, as a body, frequently and take decisions regarding the transaction of government business.
• Supervises the implementation of its decisions by the council of ministers.
Kitchen Cabinet:
• Informal body consists of the PM/CM and 2-4 influential colleagues in whom he has faith called the ‘Inner Cabinet’ or ‘Kitchen
Cabinet’ has become the real centre of power.
• Composed of not only cabinet ministers but also outsiders like friends and family.
• Phenomenon of ‘kitchen cabinet’ is not unique to India it also exists in USA and Britain.
NITI Aayog, National Development Council,
National Integration Council, Inter-State State Planning Board and Vice-Chairman of the concerned zonal council by
Chairman
Council,National Water Resources Council, rotation, holding office for a period of one year at a time
National Board of Wildlife
It can authorise the Parliament to
| Flash Notes - Polity 1. make a law on a subject enumerated in Page 34
the State List (Article 249).
Special powers No such powers.
10. Parliament Vs State Legislature 2. create new All-India Services common
to both the Centre and States (Article
312).
Parliament (A79 to 122) State Legislature (A 168 to 212)

No uniformity in the organisation of State Legislatures. Most of the states have a
Organisation (1)President, (2)Council of States (Rajya Sabha) and (3)House of the People (Lok Sabha) unicameral system, while others have a bicameral system - consists of Governor,
Legislative Council and Legislative Assembly.
Joint sitting of the two Houses of Parliament. Such a sitting is summoned by the President
Joint Sitting No Joint Sitting
to settle a deadlock between the two Houses on a Bill.
Every Ordinary Bill has to pass through the following 5 stages
1. Introduction
2. Committee stage
Procedure Same
3. Debate and Voting in 1st House
4. Bill in 2nd House.
5. Assent by President.
1 Exception-State Legislature can pass a resolution requesting the Parliament for the
Constitutional Power to initiate the process of the amendment of the Constitution lies exclusively in the
creation or abolition of the SLC based on which Parliament makes an act for amending
Amendment Bill hands of the Parliament.
the Constitution to that effect.
Parliament State Legislature Parliament State Legislature

LS SLA RS SLC
Ministers including the PM can be
Members of either House of the Ministers including the PM are not
Accountability Same at state level Same at state level
Parliament. They are responsible only to responsible to RS
the LS.
Maximum 1/3 of the total strength of the
Max strength fixed at 553
The maximum strength of the RS fixed at Assembly
530 members are reps of state
250 Minimum = 40.
20 members are reps of UT and Maximum = 500
Composition 238 Representatives of the states and 1/6 are nominated by the Governor(special
2 members are nominated by the Minimum = 60
union territories (elected indirectly) knowledge or practical experience of
President from the Anglo-Indian
12 are nominated by the President literature, science, art, cooperative
community.
movement and social service).

LS SLA RS SLC
1/3 are elected by the members of local

bodies in the state-municipalities, district
boards, etc.
1/12 are elected by graduates of 3 years
standing and residing within the state.
Propotional Representation System of 1/12 are elected by teachers of 3 years
voting by elected members of SLA. standing in the state, not lower in standard
Territorial representation with simple
Election Same at state level 12 are nominated by the President.(special than secondary school.
majority system
knowledge or practical experience in art, 1/3 are elected by the members of the
literature, science and social service) legislative assembly of the state
Total 5/6 are elected.
1/6 are nominated by the Governor(special
knowledge or practical experience of
literature, science, art, cooperative
movement and social service).
a)One-third of its members retire every
a) 5 years from the date of its first meeting
a) 5 years from the date of its first meeting second year.
after the general elections, after which it
after the general elections, after which it b)The retiring members are eligible for re-
automatically dissolves.
automatically dissolves. election
b) President is authorised to dissolve the
b) Governor is authorised to dissolve the SLA c)The Rajya Sabha is a continuing
Duration Lok Sabha at any time. Same as RS
at any time. chamber.
c) Lok Sabha can be extended during the
c) SLA can be extended during the period of *The Constitution has not fixed the term
period of National emergency by a law of
National emergency by a law of Parliament of office of members of the Rajya Sabha
Parliament for one year at a time for any
for one year at a time for any length of time. and left it to the Parliament. RPA,1951
length of time
provided it to be 6 years.

LS SLA RS SLC
Speaker of LS acts as
1. ex-officio Chairman of the Indian
Parliamentary Group which acts as a link
between the Parliament of India and the
various parliaments of the world. He also
Speaker of SLA has no such roles.
acts as the ex-officio chairman of the The Vice-President of India is the ex-officio
Decides on the question of disqualification
conference of presiding officers of Chairman of the Rajya Sabha.
of a member under the provisions of the
Presiding legislative bodies in the country. The Chairman of the Rajya Sabha can be The Chairman is elected by the council itself
Tenth Schedule
Officers 2. Presides over a joint setting of the two removed from his office only if he is from amongst its members
The decision of the Speaker of the SLA is
Houses of Parliament removed from the office of the Vice-
final regarding Money Bill in SLA
3. The decision of the Speaker of the Lok President
Sabha is final regarding Money Bill in
Parliament
4. Decides the questions of disqualification
of a member under the provisions of the
Tenth Schedule.
A Bill is deemed to have been passed by the
state legislature only when both the Houses
have agreed to it, either with or without
amendments.
1. If the assembly rejects the amendments
Every Bill has to pass through the same
suggested by the council or the council
stages in each House.
rejects the bill altogether or the council does SLC is only an advisory body. The
A Bill is deemed to have been passed by the Rajya Sabha acts as a Revising Chamber in
not take any action for three months, then mechanism of passing the bill for the second
Parliament only when both the Houses case of Ordinary Bill. It enjoys equal status
the assembly may pass the bill again and time to resolve a deadlock applies to a bill
have agreed to it, either with or without as LS in case of Ordinary Bills.
transmit the same to the council. originating in the legislative assembly only.
Ordinary Bill amendments. The mechanism of joint sitting for
2. The legislative assembly can override the When a Bill, which has originated in the
The Lok Sabha cannot override the Rajya resolving a deadlock applies to a Bill
legislative council by passing the bill for the legislative council and sent to the legislative
Sabha by passing the Bill for the second whether originating in the Lok Sabha or
second time and not vice versa. When a bill assembly, is rejected by the latter, the bill
time and vice versa. the Rajya Sabha
is passed by the assembly for the second ends and becomes dead.
A joint sitting is the only way to resolve a
time and transmitted to the legislative
deadlock between the two Houses.
council, if the legislative council rejects the
bill again, or porposes amendments that are
not acceptable to the legislative assembly,
or does not pass the bill within one month,
then the bill is deemed to have been passed.

LS SLA RS SLC
It can be introduced only in the Lok Sabha
by Minister on recommendation of
President.
The Lok Sabha can either accept or reject
all or any of the recommendations of the
Rajya Sabha.
If the Lok Sabha accepts any
recommendation, the Bill is then deemed
It cannot be introduced in the Rajya
to have been passed by both the Houses in
Sabha.
the modified form.
It cannot be rejected or amended by the
If the Lok Sabha does not accept any
Money Bill Same as LS Rajya Sabha. Same as RS
recommendation, the Bill is then deemed
It should be returned to the Lok Sabha
to have been passed by both the Houses in
within 14 days, either with or without
the form originally passed by the Lok Sabha
recommendations.
without any change
If the Rajya Sabha does not return the bill
to the Lok Sabha within 14 days, the bill is
deemed to have been passed by both the
Houses at the expiration of the said period
in the form originally passed by the Lok
Sabha.
No Joint sitting
Only in case of requirement of Ratification of
Constitutional Power to initiate the process of the Equal to LS in introduction and passing of No effective say in the ratification of a
states can the SLA express its opinion.
Amendment Bill amendment of the Constitution. a Constitutional Amendment Bill. constitutional amendment bill.
Otherwise there is no say for SLA.
Voting on Budget is an exclusive privilege of Voting on state budget is an exclusive Cannot vote. Only discuss and
Budget only discuss and recommend. Cannot vote.
the LA. privilege of the SLA recommend.
Only Elected Members of SLA take part in The council niether participates in the
Takes part in the election of President and Takes part in the election of President and
Electing power the election of President and election of the president of India nor in the
Vice president Vice President.
representatives of Rajya sabha Elections to Rajya Sabha.
1. Impeachment of the President can both 1. Impeachment of the President can both
be initiated and processed be initiated and processed.
Impeachment 2. Removal of Vice President cannot be Does not take part in impeachment 2. Rajya Sabha alone can initiate the Does not take part in impeachment
and removal initiated but should be passed with simple proceedings. removal of Vice-president. He is removed proceedings.
majority. by a resolution passed by the Rajya Sabha
by a special majority.

LS SLA RS SLC
It can authorise the Parliament to
1. make a law on a subject enumerated in
the State List (Article 249).
Special powers No such powers.
2. create new All-India Services common
to both the Centre and States (Article
312).
Parliament (A79 to 122) State Legislature (A 168 to 212)

No uniformity in the organisation of State Legislatures. Most of the states have a
Organisation (1)President, (2)Council of States (Rajya Sabha) and (3)House of the People (Lok Sabha) unicameral system, while others have a bicameral system - consists of Governor,
Legislative Council and Legislative Assembly.
Joint sitting of the two Houses of Parliament. Such a sitting is summoned by the President
Joint Sitting No Joint Sitting
to settle a deadlock between the two Houses on a Bill.
Every Ordinary Bill has to pass through the following 5 stages
1. Introduction
2. Committee stage
Procedure Same
3. Debate and Voting in 1st House
4. Bill in 2nd House.
5. Assent by President.
1 Exception-State Legislature can pass a resolution requesting the Parliament for the
Constitutional Power to initiate the process of the amendment of the Constitution lies exclusively in the
creation or abolition of the SLC based on which Parliament makes an act for amending
Amendment Bill hands of the Parliament.
the Constitution to that effect.
11. Bills
Voting President's Veto
Prior Recommen-
Intro- Intro-
Bill dation of the
duced in duced by President Lower H Upper H Joint Sitting Suspensive Pocket
Detained for 6 Months-Deadlock

Convened if no consensus is reached or
*STATE BILLS*
more than 6 months have elapsed.
1st time sending - Council doesnt
Pvt. No new amendments can be proposed.
Ordinary take action for 3 months. Bill
Both Member & No Simple Majority Only ones that have disagreements or Yes Yes
Bill(OB) deemed as Passed.
Minister those which have become important
2nd time - In 1 month.
because of the delay.
In total, can delay for a maximum of
*STATE BILLS*-No such provision
4 months.
Detained-14 Days
Money
Lower Minister Cant be amended or rejected.
Bill Yes Simple Majority Situation doesnt arise No No
House only Returned with or without reco which
Art 110
may or may not be accepted by LS.
Financial Lower Minister
Yes
Bill (I) House only
Same as OB
Financial Minister
Both Yes
Bill (II) only
Can be amd by 3 ways
1. Simple Majority - 18 points
Pvt. 2. Special Majority - FR, DPSP and all not covered in 1 and 3. [A
CA Both Member & No 368] Not allowed No No
Minister 3. Special Majority + Simple Majority consent of 50% of states - 7
points
[A 368(2)]
Absolute Veto by President

Not a discretionary power. Usually exercized in the following cases
a) Private Members’ Bills
b) Government Bills when the Cabinet resigns (after the passage of the Bills but before the assent by the President) and the new Cabinet advises the President not to give his assent to such Bills.
State Bills
A304 - Bills imposing restrictions on the freedom of trade and commerce can be introduced only after Presidential recommendation.
Reserving Bills for the President

President can direct Governor to reserve certain Bills.
Governor can reserve any bill for the consideration of the President
In 2 scenarios, the Governor has to reserve the Bill for the consideration of the President
1. A200 - If the Bill derogates the High Court and endangers its position
2. A31A, A31C - Law made by State Legislature wrt estates and property acquisition requires assesnt of the President.
If returned, the legistalture has to consider it within 6 months. No obligation on the President if the bill reaches him for the second time.
12. Parliament Sessions

Device Against/Details Purpose Consequence Order Comments
STARRED -Oral. Counter questions. 10-21 day notice
First hour of every UNSTARRED -Written. 10-21 day notice
Question Hour
Parliamentary sitting SHORT NOTICE -Oral. <10 days notice.
Questions addressed to private Members.
The time gap between the question
Not mentioned in the An INFORMAL DEVICE available to the members of the
Zero Hour hour and Agenda is known as Zero
rules of procedure Parliament to raise matters without any prior notice
Hour. It is an Indian innovation
Only in LS not in RS
Precedence over
No purpose needs to be stated In can be brought in any
all
No-Confidence Rule 198 of the Rules of Procedure and Conduct of Business in number of times in a session
COM as a whole other business of
Lok Sabha lays down the procedure for moving a Motion of No- provided the reasons are
the
Confidence in the Council of Ministers different. if it fails,
House.
it has to wait for 6 months.
Individual Minister, CoM must not resign
Censure Motion Purpose is to officially find fault in a Minister In can be brought in any
GoM or COM But have to prove their majority
number of times in a session
Precedence over
Only terminates the sitting and not a
all
Adjournment of the business of the house to discuss the matter session of the House. It doesnot
other business Only in LS not in RS
Individual Minister or of urgent public importance. affect the Bills or any other business
Adjournment except No- One such motion shall be made
GoM. Not COM Its adoption is regarded as a sort of Censure of the pending before the house and same
Confidence at the same sitting
Government. can be resumed when the house
and Confidence
meets again
Motion
Adjournment
Presiding officer Terminates the sitting of Parliament for an indefinite period. - - -
Sine Die
Calling Attention Discuss any matter of urgent public importance. Like zero hour
Individual Minister - - No cross questioning on the
Motion it is an Indian innovation
reply. No voting, debate.
Notwithstanding anything
contained in these rules, the
Priviledge Individual Concerned with a breach of Parliamentary privileges by a Speaker may refer any question
- -
Motion Minister Minister. Its purpose is to censure the concerned Minister. of privilege to the Committee of
Privileges for examination,
investigation or report.
Device Against/Details Purpose Consequence Order Comments

A member can raise a point of order when the proceedings of
the house do not follow the normal rules of procedure. Its an No debate is allowed on a point
Point of Order Point of Order - -
extra ordinary device of order.
Speaker decide whether the point raised is a point of order
Prorogation
President Agenda of the house - -
when the Lok sabha is dissolved,all businesses including bills,
Dissolution
President motions,resolutions ,notices,petitions and so on pending before - - only LS gets dissolved
it or its committees lapse
Cut motions are basically part of budgetary process which seeks to reduce the amount for grants
Policy Cut - Implies that mover disapproves of the policy underlying the demand – “the amount of demand to be reduced by Rs. 1
Cut motions
Economy Cut - When demand or policy affects economy in expenditure – “the amount of demand to be reduced by Rs …”
Token Cut - Seeks the “Demand to be cut by Rs. 100” to voice a particular grievance against the government
The first session after each general election and the first session of every fiscal year is addressed by the President. This address is discussed in both the
Motion of Thanks Houses of Parliament on a motion called the ‘Motion of Thanks’. After discussion, the motion is put to vote if the motion is not passed it amounts to the
defeat of the government.
No-Day-Yet- Named Motion Motion that has been admitted by the Speaker but no date has been fixed for its discussion.
It is a motion for the adjournment of the debate on a bill / motion / Resolution.
It can be moved by a member at any time after a motion has been made.
Dilatory Motion
Debate must be restricted to the matter contained in motion.
This motion is to retard or delay the progress of a business under consideration of the House.
Opposition member raise a point of order when the proceedings of the House do not follow the normal rules of procedure in order to control the
Point of Order government.
An extraordinary device as it suspends the proceedings before the House and debate is not allowed on a point of order.
Half-an- Hour Discussion It is meant for discussing a matter of sufficient public importance. There is no formal motion or voting before the House.
Also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours.
Short Duration Discussion
There is neither a formal motion before the house nor voting.
13. Parliamentary Committees

Name of Leader/ Ministers'
Committe Chairman
Strength Representation Tenure Eligibility Details
History: Set up in 1921 under the provisions of Govt of India Act 1919.
Purpose: Scrutinize the Accounts and the Reports and satisfy itself
Functions:
(a) that the money shown in the accounts as having been disbursed were legally available for and,
applicable to the service or purpose to which they have been applied or charged;
(b) that the expenditure conforms to the authority which governs it; and
22 = 15 from Proportional (c) that every re-appropriation has been made in accordance with the provisions made in this behalf
Opposition lok sabha + 7 Representation By under rules framed by competent authority.
PAC 1 Year NO
(Lok Sabha) from Rajya Means of Single
sabha Transferable Vote Not just technical irregularities but also wisdom and faithfulness. “beyond, the formality of
expenditure to its wisdom, faithfulness and economy”.
Examines cases involving losses, nugatory expenditure and financial irregularities.
Examines various aspects of Government’s tax administration.
Examines cases involving under-assessments, tax-evasion, non-levy of duties, misclassifications etc.,
identifies the loopholes in the taxation laws and procedures and makes recommendations in order to
check leakage of revenue.
History : set up in 1921/ Post indep- 1950 - recom of John Mathai
Functions:
(a) to report what economies, improvements in organisation, efficiency or administrative reform,
consistent with the policy underlying the estimates may be effected;
Proportional
(b) to suggest alternative policies in order to bring about efficiency and economy in administration;
Estimates Ruling Party 30 - all from lok Representation By
1 Year NO (c) to examine whether the money is well laid out within the limits of the policy implied in the
Committee (Lok Sabha) sabha Means of Single
estimates; and
Transferable Vote
(d) to suggest the form in which the estimates shall be presented to Parliament.
Estimates Committee does not look into the working of the Public Sector Undertakings for which a
separate committee - Committee on Public Undertakings – is constituted.

Committe Chairman
History: set up in 1964- Krishna Menon Committee
Functions:
(a)To examine the reports and accounts of Public Undertakings specified in the Fourth Schedule to
the Rules of Procedure and Conduct of Business in Lok Sabha ;
22 = 15 from Proportional (b) To examine the reports, if any, of the Comptroller and Auditor General of India on the Public
Committee on
From the Lok loksabha +7 Representation By Undertakings;
Public 1 Year NO
Sabha from Rajya Means of Single (c) To examine, in the context of the autonomy and efficiency of the Public Undertakings whether the
Undertaking
sabha Transferable Vote affairs of the Public Undertakings are being managed in accordance with sound business principles
and prudent commercial practices ; and
(d) to exercise such other functions vested in the Public Accounts Committee and the Estimates
Committee in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above
and as may be allotted to the Committee by the Speaker from time to time.
History: Constituted first on July 14, 1952.
Annually Purpose: Recommends time allocation for government legislative and other business.
(constitu Additional Roles: Prioritizes government's legislative agenda and negotiates business progress.
Business Members are
Speaker/Cha 15 for LS and 11 ted in Frequency: Meets at each Session's start and as needed.
Advisory nominated by the
irman for RS the first Legislative Planning: Proposes subjects for discussion and recommends time allocation.
Committee Speaker
week of Unanimity: Decisions are unanimous, representing the collective House view.
June) Limitations: Recommendations are not binding on the House; final decision on time allocation is
taken by the House.
Functions:
a)Examines every question involving a breach of privilege of the House or of the Members or of any
Committee thereof referred to it by the House or by the Speaker/Chairman.
b)It determines with reference to the facts of each case whether a breach of privilege is involved and
makes suitable recommendations in its report.
c)It also states the procedure to be followed by the House in giving effect to its recommendations.
Usually,
Deputy Members nominated
Committee on 15 for LS and 10 Ministers are When a question of privilege is referred to the Committee by the House, the report of the Committee
Chairperson by Speaker (Chairman -
Privileges for RS not is presented to the House by the Chairman or, in his absence, by any member of the Committee.
(RS) in Rajya Sabha)
members Where a question of privilege is referred to the Committee by the Speaker, the report of the
Committee is presented to the Speaker who may pass final orders thereon or direct that it be laid on
the Table of the House.
The Speaker/Chairman may refer to the Committee any petition regarding the disqualification of a
member on the ground of defection for making a preliminary inquiry and submitting a report to him.
The procedure to be followed by the Committee in these cases is, so far as may be, the same as
applicable to questions of breach of privilege.

Committe Chairman
Functions:
a) Reviewing all requests from members seeking leave of absence from House sittings
Committee on special b) Evaluating every instance where a member has been absent for 60 days or more, without prior
Nominated by the
Absence of Speaker committee of One year permission.
Speaker
Members the LS with 15 c) Providing recommendations in its report on each case, including whether the absence should be
condoned, leave applied should be granted, or if the circumstances warrant the House declaring the
member's seat as vacant.
Functions:
a) Review and monitor the measures taken by the Union Government in promoting women's
equality, status, and dignity in all matters.
Usually, b) Suggests necessary corrective measures to improve the status and condition of women within the
Committee on
Members of Lok Sabha Ministers are purview of the Union Government.
Empowerment Chairperson 30 1 year
and Rajya Sabha not c) Examine the measures taken by the Union Government for comprehensive education and
of Women
members adequate representation of women in legislative bodies, services, and other fields.
d)Considers the reports of the National Commission for Women.
e) Additionally, examine other matters that are referred to them by the Lok Sabha, Speaker, Rajya
Sabha, or Chairman, Rajya Sabha.
Principle : As a part of a parliamentary democracy, this Committee plays a critical role in holding the
Executive accountable for its actions.
It is instrumental in not only gathering information on matters of public interest but also in ensuring
that promises or assurances made by Ministers are fulfilled.
Committee on Variable, These pledges may be assurances or promises made during debates on bills, resolutions, motions,
15 for LS and 10 Members of the Lok
Government typically No and other matters.
for RS Sabha and Rajya Sabha
Assurance one year The Committee aims to ensure that these assurances have been implemented in the shortest
possible time.
It advocates for a timely and efficient investigation system to avoid indefinite pending matters and to
reduce administrative delays.
It also suggests that the concerned Ministry should obtain regular progress reports from the
investigative authorities.

Committe Chairman
Functions:
a)The Committee on Papers Laid on the Table enforces executive accountability and the Parliament's
right to information.
b) Ensures that important reports, agreements, and miscellaneous papers are made public by the
government.
c) Ensures public undertakings lay their annual reports and audited accounts before Parliament.
RS: Responsibilities: The committee evaluates whether papers laid before the Council (Rajya Sabha)
Chairman comply with constitutional provisions, acts, rules, and regulations. It examines the timeliness of
(Chairman of laying the paper, including providing satisfactory reasons for any delay. The committee also ensures
Rajya papers are presented in both English and Hindi, and examines the reasons if a paper is not laid in
Commitee on
Sabha); LS: Nominated by the Hindi.
Papers Laid on RS:10; LS:15 One year Yes
Chairperson Chairman/Speaker Powers and Authority: The committee has the power to require the evidence of individuals, and the
the Table
(Appointed production of papers or records. It can treat evidence as secret or confidential. The committee can
from among also conduct study tours of institutions or bodies whose reports or accounts are required to be laid
the before Parliament.
Members) Quorum and Voting: The quorum for the committee meetings is five members. The Chairman of the
committee does not vote initially but has a casting vote in case of an equality of votes.
General Recommendations: The committee recommends that annual reports and audited accounts
of public undertakings, government companies, and other organizations be presented to Parliament.
It suggests including specific information in the reports, such as comments by the Comptroller and
Auditor General of India, government company budgets, and accurate and adequate statements in
compliance with relevant provisions.
History: Established in 1924 as the "Committee on Public Petitions". Renamed as the "Committee on
Petitions". Oldest committee of Lok Sabha
Usually, Functions:
Committee on 15 for LS and 10 Ministers are a) Examination of petitions and representations
Speaker Members of Lok Sabha
Petitions for RS not b) Circulation of compliant petitions
members c) Reporting on specific complaints
d) Suggesting remedial measures
e) Consideration of representations not covered by rules

Committe Chairman
Functions:
a) Allots time to Private Members’ Bills and Resolutions.
b) Examines Private Members’ Bills seeking to amend the Constitution before their introduction in
Lok Sabha.
Committee on Not c) Examines all Private Members’ Bills after they are introduced and before they are taken up for
Members are Ministers are
Private 15 Members exceedin consideration in the House.
Dy Speaker nominated by the usually not
Members Bill & only in LS g one d) Classifies them according to their nature, urgency and importance into two categories namely,
Speaker members
Resolutions year category A and category B.
e) Examines such Private Members’ Bills where the legislative competence of the House is
challenged.
f) Performs the same function in relation to Private Members’ Bills and Resolutions as the Business
Advisory Committee does in regard to Government Business.
Purpose:
The Committee on Subordinate Legislation is assigned with the role of examining whether the
lasts executive branch is correctly exercising its regulatory powers, including forming regulations, rules,
Appointed Members from both
until a sub-rules, and bye-laws delegated by Parliament or bestowed by the Constitution.
by the houses of Parliament,
Committee on new Powers: The committee has the authority to call for the presence of persons or the production of
Speaker or 15 for LS and 15 nominated by Speaker
Subordinate committ No papers necessary for its work.
Chairman for RS in Lok Sabha and
Legislation ee is Functions:
from among Chairman in Rajya
appointe The committee scrutinizes whether an order referred to it adheres to the constitution, involves tax
its members Sabha
d imposition, bars the jurisdiction of a court, or incurs expenditure from the Consolidated Fund of
India, among other considerations.
Reporting: The Committee Chairman submits a report to the Council of Ministers.

Committe Chairman
Speaker, Deputy
Speaker, members of
the Panel of
Chairpersons,
Chairpersons of all
Standing
Speaker may take into confidence and have informal consultations with the representatives of the
General Speaker is Parliamentary
various Parties and Groups in the House.
Purpose the ex-officio Varies Committees of Lok Not fixed
The General Purposes Committee consider on such matters concerning the affairs of the House, as
Committee Chairperson Sabha and Leaders of
may be referred to it by the Speaker from time to time.
recognized Parties and
Groups in the House
and such other
members as may be
nominated by the
Speaker
House Presiding 12 Members
1 Year Deals with those matters which are not covered by any other committee
Committee Officer (9LS + 3RS)
Principle-Articles 102(1)(a) and 191(1)(a) of the Constitution - Disqualification for holding any office
of profit under the Government, except for the position of a Minister.
Functions and Mandate of the Committee
1. Examine the composition and character of existing committees.
Joint 10 from Lok Chairperson appointed 2. Recommend which offices should disqualify and which should not.
Committee on Chairperson Sabha, 5 from from among the - 3. Scrutinize and recommend amendments to the Schedule of the Parliament (Prevention of
Offices of Profit Rajya Sabha members Disqualification) Act, 1959
Working of the Committee the Ministries of the Government of India and the Chief Secretaries of
State Governments and Union territories are requested to furnish the particulars of the Committees,
Commissions, Boards, etc., constituted by them, which have, so far, not been examined by the Joint
committee on Offices of Profit.
*Committee does not lay its Report on the Table of the House
Joint
Salary, Allowances and Pension of Members of Parliament Act, 1954 (as amended) which pertains to
Committee on 10 from Lok Chairperson appointed
regulation in matters of details of the payment of travelling and daily allowances and pension under
Salaries and Chairperson Sabha, 5 from from among the 1 Year
the Act, constituency allowance; provision of medical, housing, telephone, water, electricity facilities
Allowances of Rajya Sabha members
and the amount which may be paid by way of repayable advance for the purchase of conveyance;
Members
the rate of interest threon and the mode of recovery of such amount and interest thereon.

Committe Chairman
History: The Parliament Library serves the information needs of members of both Houses of
9 members in Parliament and was established in 1921,
total: 6 from Every year, an advisory committee named the Library Committee is formed to advise the Speaker on
Lok Sabha problems involving the development of the Library.
Usually,
nominated by The Committee was first established on November 21, 1950, when the Speaker of the Provisional
Library Speaker/Cha Members of Ministers are
the Speaker Parliament announced its formation.
Committee irman Parliament not
and 3 from Functions:
members
Rajya Sabha a) It considers and advises on matters involving the Library as referred by the Speaker from time to
nominated by time.
the Chairperson b) It also considers recommendations for improving the Library to help members of Parliament make
full use of the services provided by the Library.
Rules Committee under the provision of Article 118(1) of the Constitution guides the legislative
business by recommending modifications to the respective Houses' Rules of Procedure and Conduct.
This committee is pivotal in both Houses of Parliament.
Composition & Chairperson: Constituted with 15 members in Lok Sabha under the Speaker's
leadership, and 16 members in Rajya Sabha under the Chairperson.
Quorum: Not specifically determined.
Minister of
Special Invitees: Deputy Speaker's presence is solicited if he is not already a part of the committee.
Rules Speaker/ 15 for LS and 16 Members of Parliamentar
Likewise, the Minister of parliamentary affairs is conventionally invited.
Committee Chairman for RS Parliament y Affairs is
Functions: The Committee's role revolves around scrutinizing the procedure and business conduct in
invited
the Lok Sabha, suggesting necessary revisions or additions to the rules.
Report: The Committee's conclusions are presented as a report on the House's table. This
committee, among others, is integral to each House of Parliament and functions based on the
Speaker's (in Lok Sabha) or the Chairman's (in Rajya Sabha) recommendations. The Rules
Committee's mandate is to oversee the Houses' procedural rules and propose requisite
amendments.
Functions:
a) Review all matters pertaining to the welfare of Scheduled Castes and Scheduled Tribes that are
Committee on 30 (20 from Lok Elected members of Ministers are
Elected by within the jurisdiction of the Union Government and the Union Territories.
Welfare of SCs Sabha, 10 from Lok Sabha and Rajya 1 Year not eligible
Members b) Reviews reports from the National Commission for Scheduled Castes and Scheduled Tribes and
and STs Rajya Sabha) Sabha for election
evaluates the measures that the Union Government has implemented to ensure that Scheduled
Castes and Scheduled Tribes are appropriately represented in services and posts under its control.

Committe Chairman
Functions:
a) Formulating and updating the Code of Conduct for members.
LS Ethics b) Ensuring the moral and ethical conduct of Members.
Committee c) Examining complaints related to unethical conduct by members of the Lower House of Parliament.
consists of 15 d) Initiating suo motu investigations into matters related to unethical conduct of a member and
Ethics
MPs, while RS Members of the House making recommendations as deemed fit.
Committee
Ethics Who can file a complaint? Any person can file a complaint regarding alleged unethical behavior or
Committee has breach of the Code of Conduct by a member. The Committee can also take up matters suo motu.
10 MPs. Punishment If a member is found to have engaged in unethical behavior, misconduct, or rule
violation - Committee may recommend sanctions such as censure, reprimand, suspension from the
House, or other appropriate actions.
Formation:
These committees are constituted by the Ministry of Parliamentary Affairs.
They are normally constituted after the new Lok Sabha is constituted.
These committees stand dissolved upon the dissolution of every Lok Sabha and are reconstituted
upon the constitution of each Lok Sabha.
Composition:
The guidelines regarding the composition, functions, and procedures of these committees are
formulated by the Ministry of Parliamentary Affairs.
The same Ministry also makes arrangements for holding their meetings during both the session and
intersession period of Parliament.
maximum
Reconstitute The committees consist of members from both the Lok Sabha and the Rajya Sabha.
Ministry of membership of
Consultative Members of both d after each Membership in these committees is voluntary and left to the choice of the members and their party
Parliamentar a committee is -
Committees Houses of Parliament Lok Sabha leaders.
y Affairs 30, and the
election Functions:
minimum is 10
These committees are attached to various ministries/departments of the Central Government.
The Minister/Minister of State in charge of the concerned ministry acts as the chairman of the
consultative committee.
The committees provide a forum for informal discussions between ministers and members of
Parliament on government policies, programs, and their implementation.
The Consultative Committees are not considered Parliamentary Committees.
A parliamentary committee is appointed or elected by the House, nominated by the
Speaker/Chairman, works under their direction, and presents its report to the
House/Speaker/Chairman.
A parliamentary committee has a secretariat provided by the Lok Sabha/Rajya Sabha.

Committe Chairman
Departmental Standing Committees - There are 24 department-related standing committees
31(21+10) - All are nominated (NOT Elected) and have a tenure for 1 year.
History: Standing Committees have their roots in the British Parliament, with the first committee established in 1571. The first department-related committee was formed in 1989, following the
practice of government departments forming their own standing committees.
Need of Standing Committees

Due to the extensive legislative agenda, it is challenging to thoroughly address all Bills in Parliament.
Departmental Standing Committees provide a platform for in-depth discussions on proposed laws.
The aim is to have a smaller group of well-informed lawmakers with proportional strength and interests, facilitating open and intensive deliberations.
Role of Standing Committees:

Department-related standing committees primarily ensure government accountability to Parliament through detailed consideration of measures.
The committees aim to strengthen, not criticize, the administration by providing more parliamentary supportThey play a significant role during the scrutiny of the Budget.
Committees under Lok Sabha
Committee on Agriculture
Committee on Information Technology
Committee on Defence
Committee on Energy
Committee on External Affairs
Committee on Finance
Committee on Food, Consumer Affairs, and Public Distribution
Committee on Labour
Committee on Petroleum and Natural Gas
Committee on Railways
Committee on Urban Development
Committee on Water Resources
Committee on Chemicals and Fertilisers
Committee on Rural Development
Committee on Coal and Steel
Committee on Social Justice and Empowerment
Committees under Rajya Sabha
Committee on Commerce
Committee on Home Affairs
Committee on Human Resource Development
Committee on Industry
Committee on Science & Technology, Environment & Forest

Committe Chairman
1. Elected by the House or nominated by the Speaker / Chairman
2. Works under the direction of the Speaker / Chairman
3. Presents its report to the House or to the Speaker / Chairman
2 types
1. Standing Committees - permanent and regular committee
2. Adhoc Committees - cease to exist when task assigned over.
Standing committees are of the following kinds:

1. Financial standing committees (FSC) - 3 PAC, Estimates Committee, Committee on Public Undertaking.
2. Department related standing committees (DRSC) - In all 24 for year 2014-2019.
3. Other standing committees (OSC) - 16 in number.
2. Adhoc Committees are of the following kinds

a. Inquiry - look into specific incidents.
b. Advisory - analyse and report on specific Bills referred to it.
| Flash Notes - Polity
SC Vs HC Page 53
SC
14. SC
HC
vs HC Subordinate Courts
Introduction • Indian Constitution has established an integrated (both Central & • Single Integrated Judicial System Under jurisdiction of state High
SC state law) judicial system (GOI Act, 1935 had a similar system) HC
• High Court below Supreme Court & above the subordinate
Subordinate Courts
Court at district and lower levels.
Introduction • Indian Constitution
• SC at has established
the top: inaugurated 1950 an integrated (both Central •courts.
Single Integrated Judicial System Under jurisdiction of state High
• HCs
& state below
law) it. system (GOI Act, 1935 had a similar system)
judicial ••High
Top position in Judicial
Court below Supremeadministration of a state.
Court & above the subordinate courts. Court there is a heirarchy of
• SC• at
Hierarchy
the top:ofinaugurated
subordinate1950
courts; district courts and lower courts. ••Top
1862→ Calcutta-
position Bombay
in Judicial – Madras, 1866of–aAllahabad
administration state. H.C courts referred to as
• Articles
• HCs below it.124-174, Part - V of the Constitution deal with SC. ••1862→
1950→ Existing
Calcutta-H.C of province
Bombay in British
– Madras, 1866India came to own
– Allahabad H.CH.C. Subordinate Courts. Each
• Hierarchy of subordinate courts; district courts and lower • Art-214→ each high court for a state. But by 7th CAA 1956→ District has a District Court
• 1950→ Existing H.C of province in British India came to own H.C.
courts. Common H.C for two are many state or Union Territory (UT). under which there are many
••Art-214→ each
At Present→ high 3court
25 H.C, for a state.
are common Butisby
(Delhi the7th CAA
only 1956→
UT-its ownCommon H.C
• Articles 124-174, Part - V of the Constitution deal with SC. for two are many state or Union Territory (UT). lower Courts.
(since 1966).
Structure • At Present→ 25 H.C, 3 are common (Delhi is the only UT-its own (since
1966).
Structure
High Court
Supreme
Supreme Court
Court High
HighCourt
Court
District Court & District and Sessions Judges’s court

High Court
Additional District
District Court & Subordinate Judge

(Civil Side) (Criminal Side)
Additional District Class I
Subordinate Judge Subordinate Judge Subordinate Chief Judicial

Class I Class II Judge’s Court Magistrate’s Court
Subordinate Judge
Class II Court of small causes for Munsif ’s Court or Court
Metropolitan Cities of Sub Judges III Class Munsiff ’s Court Judicial
Magistrate’s Court
Court of small causes for Munsif ’s Court or Court
Metropolitan Cities of Sub Judges III Class
Civilsdaily IAS, Office 1 Apsara Arcade, ORN, New Delhi || For more Flash Notes, Whatsapp us (click to open) 89299 87787 | www.civilsdaily.com
SC HC Subordinate Courts
Qualifications for (a) at least 5 years a Judge of a High Court or of two or more such (a) Citizen of India (a) He should not already be in
appointment as a Courts in succession; or (b) should have held a judicial office in India for 10 yrs. the service of the Central or
Judge (b) at least 10 years an advocate of a High Court or of two or (c) advocate for high court for 10 yrs. the state government.
more such Courts in succession; or (d) No minimum age, no provision of eminent justice. (b) He should have been an
(c) is, in the opinion of the President, a distinguished jurist. advocate or a pleader for
seven years.
(c) He should be
recommended by the high
court for appointment.
Oath By President By Governor
Appointment by CJI = President on the advice of Collegium Chief Justice of High Court = By President + CJI + Governor District Judge-By Governor in
Other Judges = President + serving CJI Other Judges = President + CJI + Governor + CJ of High Court consultation with HC
Other judge-By Governor in
consultation with SPSC & HC.
Tenure Constitution no fixed tenure Constitution no fixed tenure
3 provisions: Holds office until he attains the age of 65 years 4 provisions: Until 62 years (65 in case of SC) + Resign by writing to
(manner prescribed by parliament) + Resign by writing to president + Removed from office by president on recommendation of
president + Removed from office by president on parliament + He vacates his office when he is appointed as supreme court
recommendation of parliament. judge or when he is transferred to another high court.
Removal of Judge Can be removed by President only after an address by Parliament is presented to him in the same session and address must be supported by
special majority of each house of parliament.
2 Grounds- Proven misbehaviour Or Incapacity.
Procedure of The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of a high court by the process of impeachment:
removal 1. 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.
2. The Speaker/Chairman may admit the motion or refuse to admit it.
3. If it is admitted, then the Speaker/ Chairman is to constitute a three-member committee to investigate into the charges.
4. The committee should consist of
(a) the chief justice or a judge of the Supreme Court,
(b) a chief justice of a high court, and (c) a distinguished jurist.
5. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the
motion.
6. After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
7. Finally, the president passes an order removing the judge.
Jurisdiction
-Original Original and Exclusive - Disputes relating to the election of members of Parliament and State Legislature.
1.Federal Disputes. Matters of admiralty, will, marriage, divorce, company laws and contempt of court.
2.Disputes of President and VP.
-Writ Writ jurisdiction is Original but not exclusive Article 226– Wider than SC - for both FR + other legal rights.
-Appellate An appeal can be made against the judgement of the HC if HC Article-228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.].—
a. Constitutional certifies that the case involves a substantial question of law that Omitted by the Constitution (Forty- third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
matters requires interpretation of the Constitution.
-Appellate HC has to certify 2 things. That the case involves substantial Civil matters:- (i) appeals lie directly to the high court, on both questions of law and fact,if the amount exceeds the
b.Civil Matters question of law and general importance. And the question needs stipulated limit.
to be decided by the SC. (ii) appeals lie to the high court in the cases involving questions of law only (and not questions of fact).
(iii) The Calcutta, Bombay and Madras High Courts have provision for intra-court appeals. When a single judge of the high
court has decided a case (either under the original or appellate jurisdiction of the high court), an appeal from such a
decision lies to the division bench of the same high court.
(iv) Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court.
Consequently, it is not possible for an aggrieved person to approach the Supreme Court directly against the decisions of
the tribunals, without first going to the high courts.
-Appellate Criminal Matters - HC has to do 3 things. (i) Appeals lie to the high court if the sentence is one of imprisonment for more than seven years. Death
c.Criminal Matters 1. Either HC has reversed an order of acquittal and sentenced him sentence must be confirmed by HC irrespective of appeal made or not.
to death. (ii) In some cases specified in various provisions of the Criminal Procedure Code (1973), the appeals from the
2. Has taken a case from subordinate court and convicted him judgements of the assistant sessions judge, metropolitan magistrate or other magistrates (judicial) lie to the
with death sentence. high court.
3. Certifies that the case is fit on for appeal to SC. 1&2 are rights.
3 is not.
Also reversal from conviction to acquittal is also not a right. Later
death was modified to imprisonment for life or 10 years
-Appellate Discretionary power. Special leave to appeal any judgement in
d.Appeal by special any matter passed (expect military tribunal and court martial).
leave Can be granted in any judgement whether final or interlocutory.
-Advisory President asks SC. 2 categories of matter : Supervisory Jurisdiction
1. On any question of law or fact of public importance which has A high court has the power of superintendence over all courts and tribunals functioning in its territorial
arisen or which is likely to arise - SC may or may not give advice jurisdiction (except military courts or tribunals).
2. On any dispute arising out of any pre-constitution treaty, (ii) it covers not only administrative superintendence but also judicial superintendence;
agreement, covenant, (iii) it is a revisional jurisdiction; and
engagement, Sanad or other similar instrument - SC must give (iv) it can be suo-motu (on its own) and not necessarily on the application of a party.
advice.
NOTE: President may or may not follow the opinion.
Power • A court of record - record all judicial proceedings and acts of SC. Judges of HC are appointed by President in consultation with members of the judiciary itself.
• Power to punish for contempt. They have a security of tenure and can be removed only by the President.
• Power of judicial review. Constitutional interpreter They have a fixed salary condition determined by the Parliament
• Final and ultimate interpreter. Salaries and allowances are charged to the consolidated fund of India and not to the state.
Conduct of judges cannot be discussed.
Other powers: Ban on practice after retirement.
a. Besides disputes regarding election of the President and Vice Power to punish for its contempt
President. Separation from the executive.
b. Enquires into conduct and behaviour of chairman of UPSC on Jurisdiction cannot be curtailed by Parliament or state legislature.
reference of President –Can remove for misconduct.
c. Power to review its own judgement or order – Kesavananda
Bharati overruled GolakNath case.
d. Authorised to withdraw cases pending before High Court and
dispose them by itself.
e. Its law is binding on all other courts.
f. Power of judicial superintendents and control over the courts
and tribunals functioning in entire territory of country.
g. SC’s jurisdiction and powers with respect to matters of the
union list can be enlarged by Parliament.
Important Articles Article 126- Acting CJI – If vacancy/ temporarily absent/ Incapable Article 220- Rrestriction on practise after being a permanent judge.
Article 127- Adhoc Judge – when there is lack of quorum – CJI can Article 222- Transfer of judge from one HC to another HC.
appoint Judge of HC for temporary period. Article 223- Appointment of acting chief justice
Article 128- Retired Judge – CJI can request any retired Judges Article 224- Appointment of additional and acting judges.
Article 130- Seat of SC – New Delhi, If CJI wishes, any where in Article 225- Jurisdiction of existing high courts.
India.
Article 143- Procedure of Court (decide a bench consist at least 5
Judges), For constitutional cases or references
CJI— Master of Roster, Constitute bench + decide the hearing of
petition
15. Panchayati Raj

Rural Local Self Government Urban Local Self Government
Panchayati Raj (73rd Constitutional Amendment Act) 74th Constitutional Amendment Act
Constitutional
Schedule 11 – (29 functions) + Part IX; Article 243-243 O Schedule 12- (18 functions) + Part IX A + Article 243 P -243 ZG
Provisions
GRAM SABHA-All voters of the village are its members + Functions are determined There are 3 types of municipalities(not 3 tier) which are as follows:
by state legislature. (i) Nagar panchayat for a transitional area from a rural area, to urban area.
System
Establishment of 3 tier system at village, intermediate and district level. population (ii) A municipal council for a smaller urban area
not exceeding 20L may not constitute panchayats at intermediate level. (iii) A municipal corporation for a larger urban area.
The seats shall be filled by direct elections. For this purpose, each municipal area shall be
divided into territorial constituencies to be known as wards.
The state legislature may provide the manner of election of the chairperson of a
All the members of Panchayats at the village, intermediate and district levels shall municipality.
be elected directly by the people. It may also provide for the representation of the following persons in a municipality.
Chairperson of Panchayat at the village level shall be elected in such manner as the Persons having special knowledge and experience in municipal administration without the
state legislature determines. right to vote in the meetings of the municipality.
However, the chairperson at the intermediate and district levels shall be elected The members of the Lok Sabha and the state legislative assembly representing
indirectly; by and from amongst the elected members thereof. constituencies that comprise wholly or partly the municipal area.
The members of the Rajya Sabha and the State Legislative Council registered as electors
within the municipal area.
The chairpersons of committees (other than ward committees).
A person seeking election to the panchayat must possess the qualifications prescribed for a member of state legislature.
Qualifications
Minimum age for contesting election to the panchayat is 21 year (as against 25 years for State Legislature).
A person disqualified to be member under:
(a)Any law for the time being in force for purpose of elections to the legislature of state concerned
Disqualifications
(b)Under any law of state legislature
No person shall be disqualified on the ground that he is less 25 years of age if he has attained the age of 21 years.
Conduct of all election shall be vested in state election commission
State Election
Conditions and tenure of office of state election commissioner shall also be determined by governor.
Commission
With regard to state election commissioner: Conditions of service may not be varied to his disadvantage after his appointment.
Mandatory
-Reservation of seats for SCs & STs al all levels in proportion of their population to the total population in that area.
-Reservation of not less than one-third of the total number of seats for women (including those reserved for women of SCs and the STs). Not less than one-third of the total
Reservations
number of offices of chairpersons in the Panchayats at each level shall be, reserved for women.
For any backward classes, state legislature is authorize to make any provision for reservation.
State legislature shall provide for the reservation of offices of Chairpersons any level for the SCs and STs.
Governor constitutes once in five year
State Finance
Composition + qualification: determined by state legislature
Commission
Central finance commission can recommend measures to augment the consolidated fund of state and supplement the resources of the panchayat in the state.
Fixed tenure of Five-year.

In case the panchayat is dissolved before its term of 5 years, fresh elections must be held within 6 months.
Duration
The panchayat thus constituted are elected for the remaining period.
It may be noted that if the remaining tenure of the dissolved panchayat is less than 6 months no elections need be held.
Preparation of plans for economic development and social justice.
The implementation of schemes for the economic development and social justice
Powers and Functions Same for Municipalities except 18 matters of 12th Schedule
as may be entrusted to them, including those in relation to the 29 matters listed in
the 11th Schedule.
5th Schedule(PESA) 6th Schedule

Deals with Scheduled and Tribal areas of States other than the States of Assam Deals with Scheduled and Tribal areas of the 4 states of the northeast
Meghalaya, Tripura and Mizoram. 1.Assam
There are 10 states having 5th scheduled areas - Andhra Pradesh,Chhattisgarh, 2.Meghalaya
Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, 3.Tripura
Rajasthan and Telangana 4.Mizoram
Declared by the President Governor can increase, decrease, alter names, dissolve on the recommendation of a
Declaration
Decrease, increase, redesignation - President consultation with Governor. Commission. No President in case of 6th Schedule.
Exec power of the State extends to the Scheduled areas. Governor submits a
Executive Power Under the executive authority of the States.
report to President annually or whenever required.
State govt can Nominate such ST which have no representation in the
State govt can Nominate such ST which have no representation in the intermediate level or
intermediate level or at the district level. Not more than 1/10 of the total
at the district level. Not more than 1/10 of the total members to be elected.
members to be elected.
District Council/Regional Council - not more than 30 members. 4 nominted by Governor.
Tribes Advisory Council - 20 members 3/4 of which are to be reps of ST in SLA.
Councils 26 elected. *The Bodoland Territorial Council is an exception. It can have 46 members. Of
The Governor makes rules regarding the members, mode of appointment.
which forty (40) are elected, six (6) are nominated by the Governor.
Law of Parliament or State Legislature applicable by default
No act of Parliament or SLA applicable on matters under District Councils, Regional
Applicability of law Governor can declare that a law of Parliament or State Legislature doesnt apply or
Councils. Others the Governor can declare that a law doesnt apply.
applies with modifications.
District Council /Regional Council administer areas and make laws on specified matters.
Governor can make regulations.These regulations require President's assent.
Also make regulations. Will require assent of the Governor
Reservation in proportion to the population of the communities.ST reservation to
No Panchayats
not be less than 50%. Seats of chaipersons should be reserved for ST at all levels.
16. Constitutional Bodies (1/2)

Parameters Election Commission UPSC SPSC CAG FC
Year 25 January 1950 October 1926 1971 1951
Act Article 324 The Union Public Service Commission The Government of India Act, 1935 The central government The First Commission was
(UPSC) was set up in October 1926. It provided for the establishment of a enacted the Comptroller and established in 1951 under The
was set up under the Government of state public service commission at Auditor General of India Finance Commission (Miscellaneous
India Act, 1919 and the strong the provincial level. Later, it was (Duties, Powers, and Conditions Provisions) Act, 1951.
recommendations made by the Lee given constitutional status by the of Service) Act, 1971.
Commission in 1924. The commission constitution of India.
is headquartered at Dholpur House,
in New Delhi and functions through
its own secretariat.
Purpose Conducting free and fair Recruitment to all India and higher Recruitment to state services, Transparency and Defining financial relations between
elections to Parliament and central services, advising the advising the Governor on disciplinary accountability in government center and states, recommendations
state legislatures President on disciplinary matters matters finances by auditing receipts on distribution of taxes
and expenditure
Composition CEC+2 other EC Usually 9-11 members including Left on the Governor. He appoints - Chairman + 4 Members
(Number of EC not given by chairman Chairman+Members
Constitution but by Left on the President. He appoints
convention) Chairman+Members
Qualifications None prescribed 1/2 members should have held office 1/2 members should have held Art. 148: Not explicity Constitution has asked the
for 10 years either at Union or at office for 10 years either at Union or mentioned about it. Parliament to determine
State Gov at State Gov traditionally, the CAG has been qualifications.
a person with extensive Accordingly, the parliament has
experience in accounting, specified the following
financial management, and 1. Chairman should be a person
public administration. Often, having experience in Public Affairs
the appointee has served in 2. All 4 Members should be selected
high-ranking positions within amongst the following
the Indian Administrative A. A judge of HC
Service (IAS) or other significant B. Specialized knowledge of finance
governmental roles related to and acounts of goi
finance and administration C. Wide experience in financial
matters
D. Special knowledge of eco

Tenure (Years) Determined by the President 6 years or upto age of 65 years 6 years or upto age of 62 years Fixed tenure. Not pleasure of According to Article 280 of the Indian
6 years or upto age of 65 years the President. Constitution, the President is
6 years or upto age of 65 years required to constitute a Finance
Commission at the expiration of
every fifth year or earlier if
Reports President President President 3 Reports to the President necessary.
President
which are then tabled at the
house and reviewed by PAC
Removal Same grounds as the judge of a. Adjudged as an insolvent. According to Article 317 of the Same as the judge of the SC The removal of constitutional
SC b. Engages in paid employment Constitution: Incapacity, functionaries in India requires
outside the duties Misbehaviour etc substantial grounds such as
c. Unfit to continue misbehavior, incapacity, insolvency,
+ Can be removed for 'misbehaviour'. or conviction of an offense
In this case the President
compulsorily has to refer the case to
the SC for an enquiry.
The advise of the SC is binding on the
President.
The term misbehaviour is defined in
the constitution. a) Interested in
contract. b) Participates in anyway in
profit
post retirement/ not debarred Chairman : Not eligible for further Chairman : Can become Member or Not eligible No specific provision mentioned
Re-appoinement employment in the govt. Chairman of UPSC.
Members : Can only become the Member : Can become Member or
Chairman of UPSC or SPSC. Chairman of UPSC or Chairman of
Not eligible for a second term also. any SPSC.
Comments 1.Size of the body not defined Nil Nil Nil Nil
in the constitution.
2.Their decision can be
challenged in HC or SC
Member President President Governor President President every 5th year or at an
Recommended earlier time as he considers
Committee/
Apointed by

Salary , The Chief Election The Chairman and Members receive Salary and Allowances: The The CAG's salary and The Chairman and Members'
Pension , Commissioner and Election salaries and allowances as per the Chairman and Members of the SPSC allowances are equivalent to remuneration are determined by the
Allowance Commissioners receive the Central Civil Services rules, with receive salaries and allowances as those of a Supreme Court President and may vary.
same salary as a Supreme variations in rank. defined by the respective State Judge.
Court Judge. Government, and the details may
vary from state to state.
Working/ Responsible for conducting Conducts examinations for Conducts examinations for Audits government receipts Advises the government on financial
Functions free and fair elections in India, recruitment to All India Services and appointments to state services, and expenditures, ensures matters like the distribution of funds
supervising election Central Services, advises the advises the state government on transparency and between the Centre and States, tax
machinery, preparing electoral government on matters related to matters related to personnel such as accountability in government division, grants-in-aid to states, etc.
rolls, granting recognition to personnel, such as promotions, promotions, transfers, disciplinary financial operations.
political parties, etc. transfers, and disciplinary actions. actions, similar to UPSC but at the
state level.
16. Constitutional Bodies (2/2)

Special Officer for
Parameters NCSC NCST Linguistic Minorities
Attorney General AG of State NC for Backward Classes
Year 1978 19 February 2004 1957 1950 1950 1993
Act 1978 19 February 2004 In pursuance of the provision The Attorney General is a The Advocate General is appointed Initially established in 1993, through the
of Article 350-B of the constitutional position, under Article 165 of the National Commission for Backward
Constitution, the office of the appointed under Article 76 Constitution of India. Classes Act, 1993. However, with the
Special Officer for Linguistic of the Constitution of 102nd Constitutional Amendment Act in
Minorities was created in India. 2018, the NCBC was provided
1957. constitutional status, and a new
Commission was constituted under
Article 338B
Purpose Ensures Ensures Protection and serving Legal advice to the Legal Advisor: The Advocate General To safeguard the interests of socially and
safeguards for safeguards for interests of linguistic Government of India, gives advice to the State educationally backward classes in India.
Scheduled Castes Scheduled Tribes minorities, investigating represents the government Government on legal matters
to improve socio- to improve socio- issues related to safeguarding in Supreme Court and High referred to him/her. This might
economic status economic status language Courts include interpreting laws, drafting
legal documents, and providing
opinions on complex legal issues.
Legal Representation: The Advocate

General represents the State
Government in cases before the
High Court and the Supreme Court,
as well as in any other court where
the state is a party. The AG can
present the government's view in
legal matters and argue cases on its
behalf.
Rights in State Legislature: The

Advocate General has the right to
attend meetings of the State
Legislature and to speak in such
meetings, although he/she does not
have the right to vote. This allows
the AG to present legal viewpoints
on legislative matters.
Special Officer for

Composition Chairman+VC same as NCSC Consti doesnt specify - - (a) Chairperson, who is or has been a
+3member anything Judge of the Supreme Court or of a High
Court; (b) a social scientist; (c) two
persons, who have special knowledge in
matters relating to backward classes; and
(d) a Member-Secretary, who is or has
been an officer of the Central
Government in the rank of a Secretary to
the Government of India.
Qualifications - - - same as judge of SC same as a judge of a HC Chaiman - who is or has been a Judge of
the Supreme Court or of a High Court
Tenure (Years) Determined by Determined by generally 3 years Not fixed Not fixed 3
the President the President
Reports President President President President President Central Government
Removal Pleasure Pleasure Not defined in the At the pleasure of the At the pleasure of the governor. Removal on grounds such as insolvency,
constitution. The removal of President Conventionally he resigns when the conviction, infirmity, misconduct, or paid
constitutional officers follows Conventionally he resigns govt resigns. employment.
a well-defined procedure, when the govt resigns. The process is usually initiated by the
often requiring proof of Central Government
misbehavior, incapacity, or
violation of the terms of
service.
Special Officer for

post retirement/ not explicitly not explicitly Not explicitly outlined in the He doesn't need to quit his Private Practice Nil
Re-appoinement outlined in the outlined in the Indian Constitution. private practice Legal Education and Academia
Indian Indian Accept appointment as Judicial Appointments
Constitution. Constitution. director without Arbitration and Mediation
permission of the govt. Government or Public Service
Not defend accused Corporate Roles
without permission of the Retirement from Active Practice
govt. Social and Philanthropic Activities
Comments cases of OBC + Nil Ministry of Minority Affairs Nil Nil Nil
Anglo Indians
Member President President President President Governor -
Recommended
Committee/
Apointed by
Salary , The Chairperson, Similar to NCSC. - The Attorney General The salary and allowances are
Pension , Vice-Chairperson, receives a retainer equal to determined by the President and can vary
Allowance and Members the salary of a Judge of the for the Chairperson, Vice-Chairperson,
receive salaries Supreme Court, plus fees and Members.
and allowances as for legal work.
determined by
the President.
Working/ Investigates and Similar to NCSC The chief legal advisor to 1. Investigating and Monitoring:
Functions monitors the but focuses on the Government of India, Investigate and monitor all matters
working of Scheduled Tribes, represents the government relating to the constitutional safeguards
various safeguards their in legal matters before the for the backward classes.
safeguards interests, advises courts, has the right to 2. Advisory Role: Advise the government
provided to on policy and attend and speak in on the implementation of protection,
Scheduled Castes, development Parliament but cannot welfare, and development of the
advises on policy issues related to vote. backward classes.
and development Scheduled Tribes. 3. Inquiries: Conduct inquiries into
issues, etc. complaints regarding the infringement of
rights.
4. Recommendations: Recommend
measures for the effective
implementation of safeguards and other
legal provisions.
17. Non-Constitutional Bodies (1/2)

NHRC CIC CVC CBI
SHRC SIC
https://nhrc.nic.in/ https://cic.gov.in/ https://www.cvc.gov.in https://cbi.gov.in/
Year 1993 1993 2005 2005 1964 1963
1964 Executive Resolution of
Central govt based on Set up in 1963
Santhanam Committee on Santhanam Committee 1962-64
Protection of Human Rights Act, 1993, Protection of Right to Information Act, Right to Information Act,
Act Prevention of Corruption Derived its power from DSPE Act,
1993 human rights act, 1993 2005 2005
1962-64. 1946
2003 Parliament enacted law Not statutory body
to give statutory status
Watchdog of Human Rights Main agency for preventing
Main investigation agency for
PHRA defines Human Rights as Corruption in central govt
Entertain complaints and Entertain complaints and preventing Corruption &
the rights relating to life, Can inquire in violation of Agency to receive and act on
appeal pertaining to appeal pertains to maintaining integrity
liberty, equality and dignity of human Rights Only wrt complaint of Whistle blower
1. Office 1. Office Provide assistance to CVC n
Purpose the individual guaranteed by subject mentioned in Under Central Government
2. Financial Institutions 2. Financial Institutions Lokpal
the Constitution or embodied in state list and concurrent Only designated agency to
3. PSU 3. PSU Investigate corruption, economic
the International Covenants list take action against complaint
Under central govt n UT Under State Government offences , serious and organized
and enforceable by courts in motivated or vexatious
crime other than terrorism
India. Complaints
They have significant
experience and expertise
in areas like law, science Head - Director Assisted by -
Chairman+5 full-time and technology, social Special Director or Additional
Composition Chairman+2 Members 1CIC + not more than 10 IC 1CVC+not more than 2VC
Members+7 Ex-officio Members service, management, Director Iit has 5000 staff, 125
journalism, mass media, forensic Scientist , 250 law officer
or administration and
governance.
Has been a Chief Justice of India Has been a Chief Justice Director, an IPS officer with a rank
Head
or a Judge of the SC or a Judge of a High Court of Director General of Police
NHRC CIC CVC CBI

SHRC SIC
1.shall be persons of
1 Member-who is, or has been,
eminence in public life with
a Judge of the Supreme Court; 1 Member who is, or has
wide knowledge and
1 Member who is, or has been been, a Judge of a High
experience in law, science
the Chief Justice of a High Court Court or District Judge in The Director of Prosecution shall
and technology,social
3 Members, out of which at the State with a minimum be an officer not below the rank
service, management,
least 1 shall be a woman having of 7 years experience as of Joint Secretary to the Gol
journalism, mass media or
Member knowledge or Practical District Judge. Appointed by - Central Govt. On
administration and Same as CIC
Qualification experience in Human Right. 1 Member to be Recommandation CVC for 2 Years
governance.
7 Ex-officio Members appointed from among The Central Government shall
2.should not be MP or MLA.
Chairman of National persons having appoint officers of the rank of SP
3.should not hold office of
Commission for Minorities,SCs, knowledge of or practical and above
profit connected with
STs, BCs,Women,Protection of experience in matters
political party,carrying any
Child Right, Chief Commissioner relating to human rights.
bussiness,pursuing any
for person with disability
profession.
Lokpal & Lokayukta Act 2013
made changes in DSPF,1946
Appointments Committee
consists of 3 Member committee
1. Head - Prime Minister
6 member committee
4-6 member committee 3 members committee 2. LoO in LS
1. Prime Minister - Head 3 member committee
1. Chief Minister - Head 1. Chairperson - Chief 3 members committee 3. Chief Justice Of India or Judge
2. Speaker of Lok Sabha 1. Chairperson - Prime
2. Speaker of LA Minister 1. Head - Prime Minister of SC nominated by him
3. Deputy Chairman of Rajya Minister
Apointed by 3. Chairman of LC 2. LoO in Legislative 2. LoO in LS
Sabha 2. LoO in Lok Sabha
4. LoO in Both Assembly 3. Union minister of Home Selection Committee under DSPF,
4. LoO in Lok Sabha 3. Union Cabinet Minister
5. State Home Minister (if 3. State Cabinet Minister affairs 1946
5. LoO in Rajya Sabha nominated by PM
Legislative Council has) nominated by CM 1.Central Vigilance Commissioner
6. Central Home Minister
2.Vigilance Commissioners
3.Secretary of HM
4.Secretary, Co-ordination and
Public Grievances, Cabinet
Secretariat
Tenure 5 years or upto the age of 4 years or upto the age of 65
5 or 70 5 or 70 5 years of 65 years Security of tenure for 2 years.
(Years) 65 years years
Central govt, State Govt, SC and
Reports Central Govt Govt Central Govt State govt President
HC
NHRC CIC CVC CBI

SHRC SIC
Removal grounds typically
include insolvency, The Director's removal requires
conviction, infirmity, the recommendation of a
misconduct, or engaging Proven misbehaviour or Proven misbehaviour or committee consisting of the Prime
Removed by the president in paid employment. incapacity. President has to The removal procedure is incapacity. President has to Minister, the Leader of the
Removal Same as UPSC. President of India can refer the matter to the SC. outlined in Section 17 of refer the matter to the SC. Opposition, and the Chief Justice
However binding is not stated. remove the Chairperson Post that President CAN the RTI Act, 2005: Post that President CAN (not of India or a Judge of the Supreme
or a member after a (not shall) remove him. shall) remove him Court nominated by him. Other
reference to the Supreme staff follow the general civil
Court and based on its service rules for removal.
inquiry.
Not Eligible
State information
post commissioner can
retirement/ appoint as state Chief
Eligible Eligible Not Eligible Not eligible Nil
Re- Information
appoinement commissioner but whole
term should not exceed 5
Years
Comments Nil Nil Nil Nil Nil Nil
Salary and Allowances:
Chairperson: The
Chairperson, who is or has
been a Chief Justice of a
High Court, receives the
State Chief IC - same as
The Chairperson and Members' same salary and
CIC - same as CEC EC
Salary, salaries and allowances are in allowances as a Chief
IC - EC (earlier) State IC - Chief Secretary CVC - Chairman of UPSC
Pension, line with those of Supreme Justice of a High Court. -
Now - Prescribed by Central of state govt(earlier) VC - member of UPSC
Allowance Court Judges and High Court Members: Members who
govt Now - prescibed by
Judges, respectively. are or have been Judges
Central Govt
of a High Court receive
the same salary as a Judge
of a High Court. Other
members' remuneration
might be defined by the
state government.
NHRC CIC CVC CBI

SHRC SIC
Undertakes investigation of
To receive and inquire into
corruption related cases,
a complaint from any
economic offences and cases of
Power to regulate its own person regarding
To check public servant has conventional crime.
procedure information requested
Power of Civil court - It's under RTI, 2005. committed any offence unde Normally confines its activities in
proceedings has Judicial Order an inquiry into any Prevention of Corruption Act, the anti corruption field to
Working/ offences committed by the
Character Same as NHRC matter if there are Same as CIC 1988
Functions employees of the Central Govt
Shouid be informed about reasonable grounds (suo- Superintendance over СВІ
and UT and their PSU .
action on their moto power). https://www.cvc.gov.in/?
Takes up investigation of
recommandations within 1 While inquiring, it has the q=about-us/jurisdiction
conventional crimes like murder,
month powers of a civil court in
kidnapping, rape etc. on reference
respect of summoning,
from the state govt when directed
requiring documents etc.
by the SC/HC .
17. Non-Constitutional Bodies (2/2)

National Commission for NC for Minority Educational NC for Protection of Child National Disaster Management
NC for women
Minorities Institutions Rights Authority
http://ncw.nic.in/
https://ncm.nic.in/ https://ncmei.gov.in/ https://ncpcr.gov.in/ https://ndma.gov.in/
Year 1992 2004 1992 2007 1999
High Powered Committee in 1999
National Committee in 2001 after Gujarat
National Commission for National Commission for Minority National Commission for Women Commissions for Protection of
Act earthquake
Minorities Act, 1992 Educational Institutions Act, 2004 Act, 1990 Child Rights Act, 2005
Disaster Management Act, 2005 after Indian
Ocean Tsunmi in 2004
To safeguard and protect the To ensure the rights of minorities
To ensure the protection of
interests of minorities as to establish and administer
children's rights in accordance
defined in the Constitution of educational institutions and to To protect and promote the Work Under Administrative Control Of Home
Purpose with the Constitution and the UN
India, which include Muslims, provide direct affiliation for interests of women in India. Ministry
Convention on the Rights of the
Christians, Sikhs, Buddhists, minority professional institutions
Child.
Zoroastrians (Parsis), and Jain. to universities.
Chairperson: Appointed by the
Central Government, often a
prominent figure from one of
the minority communities. Chairman (Judge of the High
Chairman, 5 members and a Chairperson and 6 Members of Prime Minister is Ex - Offico Member
Composition 6 Members representing the 6 Court) +3 nominated by central
Member-Secretary which at least 2 are woman. Chairperson Members not exceeding 9
notified minority communities govt
in India - Muslims, Christians,
Sikhs, Buddhists, Zoroastrians
(Parsis), and Jains.
person of eminence and has
Committed to the cause of
done outstanding work for
Head Judge of a High Court. women, to be nominated by the
promoting the welfare of
Central Government.
children
NC for women
http://ncw.nic.in/
6 members-Nominated by
Central Govt. At least 2 are
5 Members-nominated by the
woman, from the following fields Members should have proven experience
Experience and Expertise: Central Government.
- Education; Child health, care, and expertise in disaster management,
Candidates typically have The Chairperson should have been At least 1 Member each shall be
welfare or child development; policy and planning, academics, applied
experience or expertise in a Judge of a High Court. from amongst persons belonging
Member Juvenile justice or care of science, governance, social welfare, etc.
matters relating to minorities, Members are chosen based on to the Scheduled Castes and
Qualification neglected or marginalized Specific qualifications are not strictly defined
human rights, law, social their expertise in matters related Scheduled Tribes respectively
children or children with in the Disaster Management Act of 2005, but
service, education, or public to minority education. Member-Secretary to be
disabilities; Elimination of child expertise and experience in relevant fields
affairs. nominated by the Central
labour or children in distress; are considered essential.
Government.
Child psychology or sociology;
and Laws relating to children.
Other Members Are nominated by
Chairperson
nominated by the Central nominated by the Central He designate 1 Member as Vice Chairperson
Apointed by - -
Government Government (has status of Cabinet Secretary)
(Other member has status of Mnister of
State )
Tenure
3 - 3 3 5 years, and it can be extended.
(Years)
Central Government: NDMA primarily
submits its reports, recommendations, and
findings to the Ministry of Home Affairs,
which is the nodal ministry for disaster
management in India.
Parliament: Since NDMA's activities are of
Reports Govt Central Government Central Government Central Government
national significance, its reports can be
presented to the Parliament, especially
when they pertain to large-scale disasters or
significant policy decisions. Any such report
can be placed before either house of
Parliament as required.
NC for women
http://ncw.nic.in/
Removal for misbehavior, Removal might include reasons Removal on grounds such as Members may be removed by
Misbehaviour
incapacity, or other specified like misbehavior, incapacity, or insolvency, conviction, infirmity, the Central Government on
Incapacity
reasons. other specified grounds. misconduct, or paid similar grounds to other
Removal Conviction
The process usually involves an The procedure usually involves an employment. commissions, such as insolvency,
Conflict of Interest
inquiry and is carried out by inquiry by the Central The Central Government usually conviction, infirmity,
Insolvency
the President of India Government. carries out the removal process. misconduct, etc.
post Eligibility for Reappointment: A member may
Government Committees or
retirement/ be eligible for reappointment based on their
Commissions: Nil Nil Nil
Re- performance, qualifications, and the specific
Legal Practice
appoinement criteria laid out in their terms of service.
Comments Nil Nil Nil Nil Nil
Salary,
Pension, - - - - Determined by the Central Government.
Allowance
Protection of Rights
Investigation
Monitoring
Advisory Role
Dispute Resolution http://ncw.nic.
Working/ https://ncmei.gov.in/functions-of- https://ncpcr.gov.in/functions-
Research and Analysis in/commission/about- https://ndma.gov.in/about-us/introduction
Functions commission/ and-powers
Recommendations us/mandate
Collaboration
Public Awareness
Annual and Special Reports
Legal Support

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| Flash Notes - Polity Page 3

Preamble Points to remember

Schedules Subject Matter

List of terms where Constitution is not clear:

Year Action Taken Act Total States Total UTs

North-Eastern Areas (Reorganisation) Act,

Earlier Name Renamed as

3. Comparing Constitutions (1/2)

USA has a Symmetrical and

The executive in British has

Elected by the Congress

The French Parliament

The Supreme Court

Two citizenship: one as a

3. Comparing Constitutions (2/2)

Federal Council elected by

PM is elected by both the Houses of Parliament called

The Supreme Court and lower courts are given

Art 16 Equality of Opportunity for all citizens in matters of 4 Exceptions

Art 21 Constitution provides for a 2-fold guarantee: SC Judgements

Art 25 & Right to Freedom of Religion Exceptions

Art 32 Right to Constitutional Remedies Exceptions

Article 40 To organize village Panchayats (grass root level democracy).

Article 51A Fundamental Duties - there are 11 Fundamental Duties

Supreme Court SC View

7. Parliamentary System Vs Presidential System

BRITISH PARLIAMENTARY SYSTEM INDIAN PARLIAMENTARY SYSTEM

President Governor Catch

42nd CAA - Advice of COM is made

President Governor Catch

President Governor Catch

President Governor Catch

PRIME MINISTER CHIEF MINISTER Catch

Parliament (A79 to 122) State Legislature (A 168 to 212)

Parliament State Legislature Parliament State Legislature

Parliament State Legislature Parliament State Legislature

1/3 are elected by the members of local

Parliament State Legislature Parliament State Legislature

Parliament State Legislature Parliament State Legislature

Parliament State Legislature Parliament State Legislature

Parliament (A79 to 122) State Legislature (A 168 to 212)

Detained for 6 Months-Deadlock

Absolute Veto by President

Reserving Bills for the President

12. Parliament Sessions

Device Against/Details Purpose Consequence Order Comments

13. Parliamentary Committees

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Name of Leader/ Ministers'

Need of Standing Committees

Role of Standing Committees:

Name of Leader/ Ministers'

Standing committees are of the following kinds:

2. Adhoc Committees are of the following kinds

District Court & District and Sessions Judges’s court

District Court & Subordinate Judge

Subordinate Judge Subordinate Judge Subordinate Chief Judicial

Oath By President By Governor