Indian Polity

Presented By Bhupesh Sir

Right Advice at Right time. Excellent coaching for SSC/BANK/RAILWAY/ARMY/PUNJAB GOVT.

competition exams  Near LBS college opposite RK BOOK DEOPT ,RAM BAGH ROAD BARNALA 1
Polity by Bhupesh Bansal
Syllabus
1) Making of constitution 1) Executive of union
2) Source of constitution 2) Legislature of union
3) Schedule of constitution 3) Executive of state
4) Preamble 4) Legislature of state
5) Union and its territory 5) Judiciary in India
6) Citizenship 6) Emergency provision
7) Fundamental right 7) Panchayati Raj
8) Directive principals of state 8) Constitutional body's
policy
9) Fundamental duties

Polity by Bhupesh Bansal 2

Demand of consit. Assembly
 First demand by 1895- bal ganga dhar tilak  The INC rejected this offer at its meeting at Wardha
 1922 mahatma Gandhi (Self governace) in August 1940. It demanded complete freedom
from colonial rule.
 1924 pandit moti lal nehru
 1942 lord cripps sent to india
 M.N.Roy- Put forward the idea of a Constituent
 1946 cabinet mission
Assembly for India in 1934.
 The British government accepted the demand in the Member – partik lawerence
‘August Offer’ of 1940 and finally ‘the Cripps Staffor cripss
Proposal’ on the framing of constitution came out in Av alexander
1942.
 In 1939 pandit jahwar nehru annouce on behalf of
the INC the member of const. assembly should be
elected on the basis of adult franchise
 1940 august offer
 During the Second World War, the 
Indian National Congress (INC) leaders were
upset with the British government for having pulled
India into a war without the consent of Indians.
Lord Linlithgow had declared India to be at war
with Germany without consultation.
 A representative Indian body would be framed after
the war to frame a constitution for India. Dominion
status was the objective for India.
  However, defense, finance and home portfolios
were to remain with the British.

Polity by Bhupesh Bansal 3

Cripps proposal
 For the first time, the British government acknowledged India’s right to be a dominion.

 Indians could frame their own Constitution.

 The proposal of giving freedom to the provinces to be a separate union turned out to be a model

for the country’s partition in 1947.

 The right to cede from the Commonwealth indicated full sovereignty at a later stage.

 In the interim period, Indians were guaranteed a good share in the administration

 After the failure of the mission, Cripps returned to England, and the Congress-led by

Gandhi started their new campaign, the Quit India Movement in August 1942.

Polity by Bhupesh Bansal 4

Working of Constituent Assembly

 First meeting – December 9, 1946

 Attended by Dr. Sachchidanand Sinha.

 On December 11, 1946

 President- Dr. Rajendra Prasad

 Vice-President – H C M Mukherjee and V.T Krishnmachary.

 Constitutional Advisor – B N Rau

Polity by Bhupesh Bansal 5

Objectives Resolution
 December 13, 1946- Jawahar Lal Nehru moved  On 24 January 1950, ‘Jana Gana Mana’
the historic Objective Resolution.
was adopted as the national anthem.
 It laid down the fundamentals and philosophy of
the Constitutional structure.  The final document had 22 parts, 395
 Adopted unanimously by Assembly on January articles and 8 schedules.
22nd , 1947.
 The assembly had met for 11 sessions
Main point
over two years, 11 months and 18 days.
 The National Flag of the Union was adopted on
22 July 1947
 The time is taken by the assembly to frame the
constitution: 2 years, 11 months and 17 days.
 Money spent in framing the constitution: Rs.64
lakhs

Polity by Bhupesh Bansal 6

Major Committees
1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal
Nehru
3. Provincial Constitution Committee – Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights,
Minorities and Tribal and Excluded Areas –
Sardar Patel. This committee had the following
five sub-committees:
(a) Fundamental Rights Sub-Committee – J.B.
Kripalani
(b) Minorities Sub-Committee – H.C. Mukherjee
(c) North-East Frontier Tribal Areas and Assam
Excluded & Partially Excluded Areas Sub-
Committee – Gopinath Bardoloi
(d) Excluded and Partially Excluded Areas (Other
than those in Assam)
Sub-Committee – A.V. Thakkar
(e) North-West Frontier Tribal Areas Sub-
Committee8a
6. Rules of Procedure Committee – Dr. Rajendra
Prasad
7. States Committee (Committee for Negotiating
with States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad
Polity by Bhupesh Bansal 7
Drafting Committee

Among all the committees of the Constituent Assembly, the most important

committee was the Drafting Committee set up on August 29, 1947. It was this

committee that was entrusted with the task of preparing a draft of the new

Constitution. It consisted of seven members. They were:

1. Dr B R Ambedkar (Chairman)

2. N Gopalaswamy Ayyangar

3. Alladi Krishnaswamy Ayyar

4. Dr K M Munshi

5. Syed Mohammad Saadullah

6. N Madhava Rau (He replaced B L Mitter who resigned due to ill-health)

7. T T Krishnamachari (He replaced D P Khaitan who died in 1948)

Polity by Bhupesh Bansal 8

Sessions of the Constituent Assembly at a Glance

Sessions Period

First Session 9–23 December, 1946

Eleventh Session 14–26 November, 1949

First session on 9december 1946

Last session on 26nov1949

Polity by Bhupesh Bansal 9

1.Who among the following was the c. Government of India Act 1935 8. Under the Constitution of India, all
President of Constituent Assembly d. India Independence Act 1947 aspects of family law are in the
a. Dr. Rajendra Prasad Ans. a a. Union list
b. Sardar Patel 5. Who was the chairman of the b. State list
c. Dr. Bhimrao Ambedkar drafting committee of Constitution c. Concurrent list
d. Pt. J. Nehru a. Rajendra Prasad d. None of these
Ans. a b. Frank Anthony Ans. c
2. Who among the following was the c.BR Ambedkar 9. How many articles are there in the
first Speaker of Lok Sabha? d. Moti Lal Nehru Indian Constitution?
a. MA Ayenger Ans. c a. 365
b. Sardar Hukum Singh 6. Prof. KC Wheare said that our b. 379
c. GV Mavalankar constitution is at most c. 394
d. Ball Ram Bhagat a. Federal Structure d. 395
Ans. c b. Quasi Federal Ans. d
3. Parliament has the power to c. Weak Federation 10. Sovereignty under the Constitution
legislate with respect to a matter in d. Strong Federation belong to
the State list provided it is in the a. President
Ans. b
a. National interest b. Parliament
7. The VIII Schedule of the
b. The interest of the minority Constitution of India does not c. People
c. The interest of the public include which one of the following d. Judiciary
d. The interest of the State concerned languages?
Ans. c
Ans. a a. Nepali
4. Which of the following Acts b. Bodo
formally introduced the principle c. Bhojpuri
of elections for the first time d. Dogri
a. Indian Council Act of 1909 Ans. c
b. Government of India Act 1919

Polity by Bhupesh Bansal 10

Source of the constitution
 Government of India Act  Fundamental rights, independence of

of 1935 judiciary, judicial review, impeachment

of the president, removal of Supreme

 Office of governor, Judiciary, Public
Court and high court judges and post of
Service Commissions, and administrative
vice president.
details.

4. Irish Constitution
2. British Constitution
 Directive Principles of State Policy,
 Parliamentary government, Rule of Law,
nomination of members to Rajya Sabha
legislative procedure, single citizenship,
and method of election of president.
cabinet system, parliamentary privileges

and bicameralism. 5. Canadian Constitution

3. US Constitution  Federation with a strong Centre,,

appointment of state governors by the

Polity by Bhupesh Bansal 11
6. Australian Constitution 9. French Constitution

 Concurrent List, freedom of trade, commerce  Republic and the ideals of liberty, equality

and intercourse, and joint sitting of the two and fraternity in the Preamble.

Houses of Parliament. 10. South African Constitution

7. Weimar Constitution of Germany  Procedure for amendment of the Constitution

 Suspension of Fundamental Rights during and election of members of Rajya Sabha.

Emergency. 11. Japanese Constitution

8. Soviet Constitution (USSR, now Russia)  Procedure established by Law.

 Fundamental duties and the ideal of justice

(social, economic and political) in the

Preamble.

Polity by Bhupesh Bansal 12

Schedule consitution
First Schedule 1. Names of the States and their 9. The Comptroller and Auditor-General of India
territorial jurisdiction. Third Schedule
2. Names of the Union Territories and their Forms of Oaths or Affirmations for:
extent.
1. The Union ministers
Second Schedule
2. The candidates for election to the Parliament
 Provisions relating to the emoluments,
3. The members of Parliament
allowances, privileges
4. The judges of the Supreme Court
1. The President of India
5. The Comptroller and Auditor-General of India
2. The Governors of States
6. The state ministers
3. The Speaker and the Deputy Speaker of the Lok
7. The candidates for election to the state legislature
Sabha
8. The members of the state legislature
4. The Chairman and the Deputy Chairman of the
9. The judges of the High Courts
Rajya Sabha
Fourth Schedule
5. The Speaker and the Deputy Speaker of the
 Allocation of seats in the Rajya Sabha to the
Legislative Assembly in the states
states and the union territories.
6. The Chairman and the Deputy Chairman of the
Legislative Council in the states
7. The Judges of the Supreme Court
8. The Judges of the High Courts

Polity by Bhupesh Bansal 13

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.
Eighth Schedule
Seventh Schedule
 Languages recognized by the Constitution.
 Division of powers between the Union and the
States in terms of List I (Union List), List II
(State List) and List III (Concurrent List).
Presently, the Union List contains 100 subjects
(originally 97), the state list contains 61 subjects
(originally 66) and the concurrent List contains
52 subjects (originally 47).
Originally, it had 14 languages but presently
there are 22 languages. They are: Assamese,
Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi,
Kannada, Kashmiri, Konkani, Mathili (Maithili),
Malayalam, Manipuri, Marathi, Nepali, Odia,
Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu
and Urdu. Sindhi was added by the 21st
Amendment Act of 1967; Konkani, Manipuri
and Nepali were added by the 71st
Amendment Act of 1992; and Bodo, Dongri,
Polity by Bhupesh Bansal 14
Maithili and Santhali were added by the 92nd
Ninth Schedule
 Acts and Regulations of the state legislatures
dealing with land reforms and abolition of the
zamindari system This schedule was added by
the 1st Amendment (1951)
Tenth Schedule
 Provisions relating to disqualification of the
members of Parliament and State Legislatures on
the ground of defection. This schedule was
added by the 52ndAmendment Act of 1985,
also known as AntidefectionLaw.
Eleventh Schedule
 Specifies the powers, authority and
responsibilities of Panchayats. It has 29 matters.
This schedule was added by the 73rd
Amendment Act of 1992. Specifies the powers,
authority and responsibilities of
Twelfth Schedule
 Municipalities. It has 18 matters. This schedule
was added by the 74th Amendment Act of 1992.
Polity by Bhupesh Bansal 15
PARTS
TRICK -U CI F DI (MEIN) U S (BHI) U P Se (AAGE HAI)

 PART 1 – UNION OF STATES

 PART 2 – CITIZENSHIP
 PART 3 – FUNDAMENTAL RIGHT
 PART 4 – DIRECTIVE PRINCIPALS
 PART 4A- FUNDAMENTAL DUTIES
 PART 5 – THE UNION
 PART 6 – THE STATES
 PART 8 UNION TERRITORIES
 PART 9 THE PANCHAYTS
 PART 10 – THE SCHEDULE AND TRIBAL AREAS

Polity by Bhupesh Bansal 16

TRICK -RE FI TRAM SE ELECTION (BOOTH) PAR
(GYA)

 PART 11 – RELATION BETWEEN UNION AND STATES

 PART 12 FINANCE, PROPERTY, CONTRACTS AND SUITS 300A RIGHT TO

PROPERTY

 PART 13 TRADE, COMMERCE AND INTERCOURSE WITHIN INDIA

 PART 14 SERVICE UNDER THE UNION AND STATES

 PART 15 ELECTION

 PART 16 SPECIAL PROVISION FOR CERTAIN CLASSES

Polity by Bhupesh Bansal 17

TRICK – L E M A T S
 PART 17 – OFFICIAL LANGUAGE

 PART 18 – EMERGENCY PROVISION

 PART 19 – MISSLEANOUS

 PART 20 - AMENDMENT

 PART 21 – TEMPERORY, TRANSITIONAL AND SPECIAL PROVISION AND

STATUS

 PART 22 – SHORT TITLE, COMMENCEMENT, AUTHORITTIVE TEXT IN HINDI

Polity by Bhupesh Bansal 18

Preamble
eamble in its present form reads:
 “We, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC
REPUBLIC and to secure to all its citizens:
 JUSTICE, Social, Economic and Political;
 LIBERTY of thought, expression, belief, faith
and worship;
 EQUALITY of status and of opportunity; and to
promote among them
 all;
 FRATERNITY assuring the dignity of the
individual and the unity
 and integrity of the Nation;
 IN OUR CONSTITUENT ASSEMBLY this
twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION”.
4. Date of adoption of the Constitution: It
stipulates November 26, 1949 as the date.
Polity by Bhupesh Bansal 19
Union and Territory
 Parliament by law may for new state reduce or extent the areas for states and change the name and the
boundary of the states
 A bill related to the above matters can be introduced in the parliament only with the prior recommendation
of the president who shall concern the concerned state before giving his recommendation

Formation of new state on the basis of language

Chairman – SK dhar
• Dhar commission by Rj prasad
• set up june 1948
• Report dec 1948( no state based on language)

For again reconsideration JVP committee by INC set up 1948

• Member – nehru, patel and pattabi sita ramgaria
• Poti shramook telgu leader did 56 day fast for telgu state
• Death on 15dec 1952
• Then govt. annouced 19dec1952 for creation of new state
• Andhra pradesh first state
• After all the state demanding on the language basis
Polity by Bhupesh Bansal 20
 Then Nehru ji make a commission by this state reorganization commission

 Set up 1953

 Chairman fazal ali

 Member hriday nath and KM panikkar

 Report 1955

 Passed this from parliament from both the houses

 Then state reorganistaion act 1956

 IN 1960 from bombay province gujrat and Maharashtra

Polity by Bhupesh Bansal 21

Citizenship (Art 5-11)
5. Citizenship at the commencement of the Constitution

6. Rights of citizenship of certain persons who have migrated to

India from Pakistan

7. Rights of citizenship of certain migrants to Pakistan

8. Rights of citizenship of certain persons of Indian origin residing

outside India

9. Persons voluntarily acquiring citizenship of a foreign State not to

be citizens

10. Continuance of the rights of citizenship

11. Parliament to regulate the right of citizenship by law

Polity by Bhupesh Bansal 22

Fundamental Rights (TOTAL 6)
1) Right to equality (Articles 14– 18)
(a) Equality before law and equal protection of laws
(Article 14).
(b) Prohibition of discrimination on grounds of
religion,
race, caste, sex or place of birth (Article 15).
(c) Equality of opportunity in matters of public
employment (Article 16).
(d) Abolition of untouchability and prohibition of its
practice (Article 17).
(e) Abolition of titles except military and academic
(Article 18).
2. Right to freedom(Articles 19–22)
(a) Protection of six rights regarding freedom of:
(i)speech and expression, (ii) assembly, (iii)
association, (iv) movement, (v) residence, and
(vi) profession (Article 19).
(b) Protection in respect of conviction for offence
(Article 20).
(c) Protection of life and personal liberty (Article
21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain
cases (Article 22).
3. Right against exploitation (Articles23–
24)
(a) Prohibition of traffic in human beings and forced
labour (Article 23).
(b) Prohibition of employment of children in
Polity by Bhupesh Bansal 23
4. Right to freedom of religion (Article 25– 28) 6. Right to constitutional remedies (Article 32)

(a) Freedom of conscience and free profession,  Right to move the Supreme Court for the

practice and propagation of religion (Article 25). enforcement of fundamental rights including the

(b) Freedom to manage religious affairs (Article 26). writs of

(c) Freedom from payment of taxes for promotion of (i) habeas corpus,

any religion (Article 27). (ii) mandamus,

(d) Freedom from attending religious instruction or (iii)prohibition,

worship in certain educational institutions (Article (iv) certiorari, and

28).
(v) quo war-rento (Article 32).
5. Cultural and educational rights (Articles 29–30)

(a) Protection of language, script and culture of

minorities (Article 29).

(b) Right of minorities to establish and administer

educational institutions (Article 30).

Polity by Bhupesh Bansal 24
Directive Principal of State policy
 Article 36 to 51
 Part 4
 Not justice able
 Give socio economy rights
 To make law and policy welfare state not
police state
 Peace, security , welfare and development .
 Separation of the judiciary from executive.
 Equal pay for equal work under DPSP
 BR amedkar said DPSP is a cheque which is
paid on banks’s convenience.
 Article
 No. Subject Matter
36. Definition of State
38. State to secure a social order for the
promotion of welfare of the people
39A. Equal justice and free legal aid
40. Organisation of village panchayats
41. Right to work, to education and to public
assistance in certain cases
43. Living wage, etc., for workers
43B. Promotion of co-operative societies
44. Uniform civil code for the citizens
45. Provision for early childhood care and
education to children below the age of six
years
48. Organisation of agriculture and animal
husbandry
48A. Protection and improvement of
environment and safeguarding of forests
and wildlife
49. Protection of monuments and places and
objects of national importance
50. Separation of judiciary from executive
51. Promotion of international peace and
security
Polity by Bhupesh Bansal 25
Fundamental Duties
 According to Article 51 A, it shall be the duty of
every citizen of India:
(a) to abide by the Constitution and respect its
ideals and institutions, the National Flag and
the National Anthem;
(b) to cherish and follow the noble ideals that
inspired the national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and
integrity of India;
(d) to defend the country and render national
service when called upon to do so;
(e) to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities and to renounce practices
derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the
country’s composite culture;
(g) to protect and improve the natural
environment including forests, lakes, rivers and
wildlife and to have compassion for living
creatures;
(h) to develop scientific temper, humanism and the
spirit of inquiry and reform;
(i) to safeguard public property and to abjure
violence;
(j) to strive towards excellence in all spheres of
individual and collective activity so that the
nation constantly rises to higher levels of
endeavour and achievement; and
(k) to 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.
Polity by Bhupesh Bansal 26
President( Union Executive)
 Article 52 to 78  Nominated
 Part 5 Election of the member and state
 Union executive president council members
consists of  Not directly cannot vote.
 Single
President, VP and elected.
PM, the council of  Elected member of transferable vote
minister and the both the houses of by secret ballot.
attorney general parliament  All dispute in
of India.  Elected members connection with
 Head of the of legislative president election
Indian state. assemblies of the are decided by
 First citizen. states and UT of Supreme court.
Delhi and First president –
Puducherry. Rajendra Prasad
and for two times.

Polity by Bhupesh Bansal 27

Qualification,  Nomination- 50 Oath
oath and electors as  By Chief justice
conditions proposers of India in his
 Citizen of India  50 as absence senior
 Have completed secondars. most judge.
35y  Rs15000 Condition
 Qualified for security deposit  Should not be a
the election of to RBI member of
lok sabha.  One-sixth of either house of
 Should not hold the votes polled parliament or a
any office of required for fee house of the
profit. refund. state
legislature.
 Cannot be
Polity by Bhupesh Bansal 28
Impeachment of president

Polity by Bhupesh Bansal 29

 Executive Powers of President
 For every executive action that the Indian government takes, is to be taken in his name
 He may/may not make rules to simplify the transaction of business of the central government
 He appoints the attorney general of India and determines his remuneration
 He appoints the following people:
◦ Comptroller and Auditor General of India (CAG)
◦ Chief Election Commissioner and other Election Commissioners
◦ Chairman and members of the Union Public Service Commission
◦ State Governors
◦ Finance Commission of India chairman and members
 He seeks administrative information from the Union government
 He requires PM to submit, for consideration of the council of ministers, any matter on which a decision
has been taken by a minister but, which has not been considered by the council
 He appoints National Commissions of:
◦ Scheduled Castes
◦ Scheduled Tribes
◦ Other Backward Classes
 He appoints inter-state council
 He appoints administrators of union territories
 He can declare any area as a scheduled area and has powers with respect to the administration of scheduled
areas and tribal areas

Polity by Bhupesh Bansal 30

 Legislative Powers of President
 He summons or prorogues Parliament and dissolve the Lok Sabha
 He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
 He addresses the Indian Parliament at the commencement of the first session after every general election
 He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the
seats fall vacant
 He nominates 12 members of the Rajya Sabha
 He can nominate two members to the Lok Sabha from the Anglo-Indian Community
 He consults the Election Commission of India on questions of disqualifications of MPs.
 He recommends/ permits the introduction of certain types of bills (to read on 
how a bill is passed in the Indian Parliament, check the linked article.)
 He promulgates ordinances
 He lays the following reports before the Parliament:
◦ Comptroller and Auditor General
◦ Union Public Service Commission
◦ Finance Commission, etc.
 Financial Powers of President
 To introduce the money bill, his prior recommendation is a must
 He causes Union Budget to be laid before the Parliament
 To make a demand for grants, his recommendation is a pre-requisite
 Contingency Fund of India is under his control
 He constitutes the Finance Commission every five years

Polity by Bhupesh Bansal 31

Judicial Powers of President
 Appointment of Chief Justice and Supreme Court/High Court Judges are on him

 He takes advice from the Supreme Court, however, the advice is not binding on him

 He has pardoning power: Under article 72, he has been conferred with power to grant pardon against

punishment for an offence against union law, punishment by a martial court, or death sentence.
 Note: Pardoning powers of the president includes the following types:

 Pardon with the grant of pardon convicts both conviction and sentence completely absolved

 Commutation  with this nature of the punishment of the convict can be changed

 Remission reduces the term of the imprisonment

 Respite  awards lesser punishment than original punishment by looking at the special condition of a convict

 Reprieve stays the execution of the awarded sentence for a temporary period

Diplomatic Powers of President

 International Treaties and agreements that are approved by the Parliament are negotiated and

concluded in his name

 He is the representative of India in international forums and affairs

Military Powers of President

 He is the commander of the defence forces of India. He appoints:

 Chief of the Army

 Chief of the Navy

 Chief of the Air Force

 Article 123 deals with the ordinance making power of the President. 

Polity by Bhupesh Bansal 32

Vice president
 The post of Vice-President of India is modelled on the lines of American Vice-President. In India, Vice-
President has the second-highest office in the country. Article 63 of the Indian Constitution mentions the
post of Vice-President.
 An electoral college comprising below-given categories of people elect the Vice President. The mode of
election hence is termed as ‘indirect election’. The principle of election used is Proportional Representation
by means of Single Transferrable Vote.
 Elected members of both Lok Sabha and Rajya Sabha.
 Nominated members of both Lok Sabha and Rajya Sabha.
 An Indian Citizen who has completed 35 years of age is qualified to become the Vice-President of India
given, he is also qualified to be a Rajya Sabha member. However, he should not be a member of either Lok
Sabha or Rajya Sabha and if he is elected as Vice President when he has a seat in either of the house, he is
deemed to have vacated that seat on his first day in the office. He also is not allowed to hold any office of
profit under union government, state government, public authority and local authority.
 Note: The following people are also qualified to become the Vice President of India:
 Sitting President of India
 Sitting Vice President of India
 Governor of State
 MPs/MLAs
 From the date, he enters his office, Vice President holds the position for five  year.

Polity by Bhupesh Bansal 33

Polity by Bhupesh Bansal 34
Governor
 The appointment and powers of government can be derived from Part VI of the Indian constitution. Article 153 says that
there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
 The governor acts in 'Dual Capacity' as the Constitutional head of the state and as the representative.
 He is the part of federal system of Indian polity and acts as a bridge between union and state governments.
 Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as
follows:
 A governor must:

◦ Be a citizen of India.

◦  Be at least 35 years of age.

◦  Not be a member of the either house of the parliament or house of the state legislature.

◦  Not hold any office of profit.

 The term of governor's office is normally 5 years but it can be terminated earlier by:

◦ Dismissal by the president on the advice of the council of minister headed by the prime minister of the country.

◦  Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a
governor whose acts are upheld by courts as unconstitutional and malafide.

◦  Resignation by the governor.

Polity by Bhupesh Bansal 35

Executive Powers of the Governor
 The following comes under his executive powers:

 Every executive action that the state government takes, is to be taken in his name.

 How an order that has been taken up his name is to be authenticated, the rules for the same can be specified

by the Governor.
 He may/may not make rules to simplify the transaction of the business of the state government.

 Chief Ministers and other ministers of the states are appointed by him.

 It is his responsibility to appoint Tribal Welfare Minister in the states of:

◦ Chattisgarh
◦ Jharkhand
◦ Madhya Pradesh
◦ Odisha
 He appoints the advocate general of states and determines their remuneration

 He appoints the following people:

◦ State Election Commissioner

◦ Chairman and Members of the State Public Service Commission
◦ Vice-Chancellors of the universities in the state
 He seeks information from the state government

 A constitutional emergency in the state is recommended to the President by him.

 The governor enjoys extensive executive powers as an agent of the President during the President’s rule in

the state.

Polity by Bhupesh Bansal 36

Prime Minister
 Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President. There is no
specific procedure for his election or appointment. Article 74(1) states that there shall be a Council of Ministers with a
Prime Minister at the head to aid and advise the President
 Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities
as:
 The leader of Country: The Prime Minister of India is the Head of the Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He
can impose his decision if there is a crucial opinion difference among the members.
 Official Representative of the country: Prime minister represents the country for high-level international meetings
 The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He
communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union
and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the
Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

Polity by Bhupesh Bansal 37

 become an Indian prime minister one has to be
◦ A citizen of India.
◦ A member of either Rajya Sabha or Lok Sabha
◦ He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if
he is a member of the Lok Sabha

Polity by Bhupesh Bansal 38

Chief minister
 Article 164
 He chairs the State Planning Board
 He is a vice-chairperson of the concerned zonal council by rotation, holding that office for a period of
one year at a time
 He is a member of Inter-State Council and National Development Council which are headed by the
Prime Minister.
 Article 163The governor is advised by the council of ministers which is headed by the Chief Minister.

Note: When the governor acts at his own discretion, no advice is needed by the council
 Article 164Governor appoints Chief Minister and later Chief Minister recommends Governor on the
appointment of ministers
 Article 167Chief Minister has to communicate all administrative decisions that are taken up by him
and the council of ministers to the governor

Polity by Bhupesh Bansal 39

Central council of minister
 Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and
advise the President, article 75 mentions the following things:
 They are appointed by the President on the advice of Prime Minister
 They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok
Sabha. (The number cannot exceed 15%)
 91st Amendment Act 2003 provided for the disqualification of the minister when he stands disqualified as
a member of Parliament.
 A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive
months.
 Parliament decides the salary and allowances of the council of ministers.

Q.Is the advice tendered by the Council of Ministers’ binding on the President?
 Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment Act
1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given by the council cannot
be inquired into by any court.

Polity by Bhupesh Bansal 40

Parliament
 Indian Parliament is bicameral in nature i.e. that it has two houses. Lok Sabha is one of those two
houses. The other house is the Rajya Sabha. Lok Sabha is the first chamber of the parliament and
represents the people of India as a whole. The members elected by universal adult suffrage are part of Lok
Sabha.
Qualification of Lok Sabha members
 Must be an Indian Citizen

 He must be not less than 25 years of age

 Must be registered as an elector for a parliamentary constituency

 Those who want to contest election from the seat reserved for SC/ST must be a member

of a scheduled caste or scheduled tribe in any state or union territory.

Polity by Bhupesh Bansal 41

Representation of States in Lok Sabha:
 Members are directly elected by the people from the territorial constituencies in the states

 Election Principle used – Universal Adult Franchise

 Eligibility to Vote: Any Indian Citizen of/above 18 years of age

 Note: Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

 Note: Union Territories (Direct Election to the House of the People) Act, 1965, has been enacted by

which the members of Lok Sabha from the union territories are chosen by direct election.
 Representation of Nominated Members in Lok Sabha:

 President nominates 2 members from Anglo-Indian Community if they are not adequately represented.

 Note: The provision to nominate Anglo-Indians was extended till 2020 by 95th Amendment Act, 2009.

 Facts about Lok Sabha elections

 1st Lok Sabha Election took place in 1952. There were 489 seats elected. Congress won 364 out of 489

seats. Jawaharlal Nehru became the first Prime Minister.

 2019 Lok Sabha elections were country’s 17th General Elections. Elections took place for 552 seats. BJP

won 303 seats out of 552. Narendra Modi is the Prime Minister.
 1st Lok Sabha Speaker – Ganesh Vasudev Mavalankar (1952-1956) (died in the office)

◦ Ananthasayanam Ayyanagar was elected as Lok Sabha Speaker in 1956 who worked till 1957
 Which is the largest constituency (area-wise)? Ladakh (173266.37 sq.km)
 Which is the smallest constituency (area-wise)? Chandni Chowk (10.59 sq.km)

 Which is the largest constituency (electors-wise) Malkajgiri (29,53,915)

 Which is the smallest constituency (electors-wise)Lakshadweep (47972)

Polity by Bhupesh Bansal 42

Rajya Sabha
 Rajya Sabha is the second chamber of the parliament and represents the states and union territories
of the nation. It is empowered to protect the interests of the states and union territories if there is an
interference by the centre in their work.

Polity by Bhupesh Bansal 43

Rajya Sabha Elections
 There are three types of representation in Rajya Sabha :
 Representation of States in Rajya Sabha:
 Members are elected by the elected members of state legislative assemblies
 Election Principle used – Proportional Representation by means of Single Transferable Vote
 The population of the state is a factor that decides the representation of states in Rajya Sabha
Representation of Union Territories in Rajya Sabha:
 Members of Rajya Sabha belonging to Union Territories are indirectly elected by members of an electoral
college, that is constituted for this purpose
 Election Principle used – Proportional Representation by means of Single Transferable Vote
 Note: Out of 8 union territories, Delhi, Puducherry and Jammu and Kashmir have representation in Rajya Sabha.
 Representation of Nominated Members in Rajya Sabha:
 12 people are nominated by the President in Rajya Sabha for their contribution and expertise in the fields of:
 Art
 Literature
 Science
 Social Service
 Rajya Sabha is a permanent body and also called a ‘continuing chamber.’ Unlike Lok Sabha which usually runs for
5 years and the fresh elections are taken up, Rajya Sabha has no specific tenure and it keeps on running. Therefore, it
is never dissolved.
 Note:
 Every second year, one-third of its members retire. For the vacant seats, fresh elections take place. However,
nominations are taken up at the beginning of the third year.
 Representation of the People Act, 1951 authorizes the President to make provisions to govern the order of retirement
of the members of the Rajya Sabha.

Polity by Bhupesh Bansal 44

Polity by Bhupesh Bansal 45
Financial Committees

 Set up 1923  SET UP 1950

 Total member 22
 TOTOAL MEMBER – 30(LOK SABHA)
 15 from lok sabha
 HEAD – SPEAKER OF LOK SABHA
 7 from rajya sabha
 Head of this committee appointed by speaker
 NO MEMBER OF RAJYA SABHA

of lok sabha  MEMBER ELECTED EVERY YEAR

 CAG-AUDIT REPORT-PRESIDENT-  LARGEST COMMITTEE
SPEAKER OF LOK SABHA-LOK SABHA-
PAC INQUIRY REPORT
 CHAIRMAN- LEADER OF THE
OPPOSITION

Public Accounts Committee Estimates Committee

Polity by Bhupesh Bansal 46

 SET UP 1964

 TOTAL MEMBER 22

 15 FROM LS

 7 FROM RS

 HEAD OF THIS COMMITTEE

APPOINTED BY LOK SABHA SPEAKER

Committee on Public Undertakings

Polity by Bhupesh Bansal 47

 Against govt.  Largest political party of opposition
 Only in lok sabha
 At least 1/10 seats of total strength of
 50 members at least to support this bill
related house should be elected by largest
 Answered given by prime minister voting
 Introduced by any member of opposition party of opposition.

 Total discuss duration of no confidence

motion 10 days.

No confidence motion Leader of the opposition

Polity by Bhupesh Bansal 48

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

In addition to the ministers, the questions can also be asked to the private members. Thus, a question may be
addressed to a private member if the subject matter of the question relates to some Bill, resolution or other
matter connected with the business of the House for which that member is responsible. The procedure in
regard to such question is the same as that followed in the case of questions addressed to a minister. The list
of starred, unstarred, short notice questions and questions t private members are printed in green,
white, light pink and yellow colour, respectively, to distinguish them from one another.

Polity by Bhupesh Bansal 49

Polity by Bhupesh Bansal 50
Judiciary (supreme court & high court)
Supreme court
 The Supreme Court of India is the highest judicial court and the final court of appeal 
 Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full
power & authority.
 After India attained independence in 1947, the Constitution of India came into being on 26 January
1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.
 has the power of judicial review
 Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and
procedures of the Supreme Court.
 Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength. It increased the judicial strength
from 31 to 34, including the CJI.
 The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President
after consultation with such judges of the Supreme Court and high courts as he deems necessary.
 Through the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was
established to replace the collegium system for the appointment of judges
 Qualifications of Judges
 A person to be appointed as a judge of the Supreme Court should have the following qualifications:
◦ He should be a citizen of India.
◦ He should have been a judge of a High Court (or high courts in succession) for five years; or
◦ He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
◦ He should be a distinguished jurist in the opinion of the president.
 The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Polity by Bhupesh Bansal 51

 oath or affirmation before the President,
 Removal of Judges
 A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the
removal order only after an address by Parliament has been presented to him in the same session for such removal.
 The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of
that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of
removal are two—proved misbehaviour or incapacity.
 The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the
process of impeachment:

◦ No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswami (1991–
1993) and the Justice Dipak Misra (2017-18) were defeated in the Parliament
 Jurisdiction and Powers of Supreme Court
 Original Jurisdiction
 As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any
dispute between:

◦ the Centre and one or more states; or

◦ the Centre and any state or states on one side and one or more states on the other; or

◦ between two or more states.

Polity by Bhupesh Bansal 52

 Advisory Jurisdiction
 The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in
the two categories of matters:
◦ On any question of law or fact of public importance which has arisen or which is likely to arise.
◦ On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador
other similar instruments.

Polity by Bhupesh Bansal 53

High court
 Total 25 in india
 The Charter of High Court of Calcutta was ordered in May 1862 and that of Madras and Bombay were order in June 1862. Thereby,
making the Calcutta High Court the first High Court of the country.
 A High Court Judge is appointed by the President of India. He is solely responsible for the appointment of any judge in a High
Court. However, he may consult the Governor of the State, the acting Chief Justice of India and Chief Justice of that particular
state’s High Court. 
 A High Court judge is also liable to get transferred to other High Courts. This decision is entirely dependent on the Chief Justice of
India. Transfer of judges is done with an aim to ensure proper and just trial for every case fought in the court of law.
 Eligibility Criteria for High Court Judge
 There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any High court in India. Given below are
the set of eligibility criteria mandatory for the appointment of High Court judges:
 Any of the given qualifications must be fulfilled:

◦ The person should have been a Barrister for more than five years 

◦ Has been a civil servant for over 10 years along with serving the Zila court for at least 3 years 

◦ A person who has been a pleader for over 10 years in any High Court.
 No judge should be of more than 62 years of age
 Writ jurisdiction under article 226
 Article 214 to 231
 Andhra Pradesh is the recent state to have the High Court. High Court was established in Andhra Pradesh on 1st January 2019.
Polity by Bhupesh Bansal 54
Emergency provision
 A state of emergency in India refers to a period of governance that can be proclaimed by the President of
India during certain crisis situations. Under the advice of the cabinet of ministers, the President can
overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of
India.
 The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to
360. These provisions enable the Central government to meet any abnormal situation effectively.
 The Constitution stipulates three types of emergencies-
 National Emergency
 Constitutional Emergency
 Financial Emergenc

1). National emergency(under Article 352)

 When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known

as ‘External Emergency’. On the other hand, when it is declared on the grounds of ‘armed rebellion’, it
is known as ‘Internal Emergency’.
◦ This term ‘armed rebellion’ is inserted from the 44th amendment. Before this term it was known as
internal disturbance.

Polity by Bhupesh Bansal 55

 Parliamentary approval and duration
The proclamation of emergency must be approved by both the houses of parliament within one month
from the date of its issue.
 However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or
the dissolution takes place during the period of one month without approving the proclamation, then the
proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the
Rajya Sabha has in the meantime approved it.
 If approved by both the houses, the Emergency continues for 6 months and can be extended to an
indefinite period with an approval of the Parliament for every six months.
 Every resolution approving the proclamation of emergency or its continuance must be passed by either
House of Parliament by a special majority
 The 44th Amendment Act laid out that Article 19 can only be suspended when the
National Emergency is laid on the grounds of war or external aggression and not in the
case of armed rebellion.

Polity by Bhupesh Bansal 56

President rule
 Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in
accordance with the provisions of the constitution.
 It is this duty in the performance of which the centre takes over the government of a state under Article 356
in case of failure of constitutional machinery in a state.
 This is popularly known as ‘President’s Rule’.
 Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two grounds:
◦ Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in
which the government of a state cannot be carried on in accordance with the provisions of the
constitution.
◦ Article 365 says that whenever a state fails to comply with or to give effect to any direction from the
centre, it will be lawful for the President to hold that a situation has arisen in which the government
of the state cannot be carried on in accordance with the provisions of the constitution.
 Parliamentary approval and duration: A proclamation imposing president’s rule must be approved by
both the houses of parliament within two months from the date of its issue.
◦ However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been
dissolved or the dissolution of the Lok Sabha takes place during the period of two months without
approving the proclamation, then the proclamation survives until 30 days from the first sitting of the
Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime

Polity by Bhupesh Bansal 57

 Financial Emergency
 Grounds of declaration: Article 360 empowers the president to proclaim a Financial Emergency if he is
satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its
territory is threatened.
 Parliamentary approval and duration: A proclamation declaring financial emergency must be approved
by both the Houses of Parliament within two months from the date of its issue.

◦ However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been
dissolved or the dissolution of the Lok Sabha takes place during the period of two months without
approving the proclamation, then the proclamation survives until 30 days from the first sitting of the
Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

◦ Once approved by both the houses of Parliament, the Financial Emergency continues indefinitely till it
is revoked

Polity by Bhupesh Bansal 58

Writs
Habeas Corpus
 The Latin meaning of the word ‘Habeas
Corpus’ is ‘To have the body of.’ This writ
is used to enforce the fundamental right of
individual liberty against unlawful
detention. Through Habeas Corpus,
Supreme Court/High Court orders one
person who has arrested another person to
bring the body of the latter before the
court.
 Facts about Habeas Corpus in India:
 The Supreme Court or High Court can
issue this writ against both private and
public authorities.
Mandamus
 The literal meaning of this writ is ‘We
command.’ This writ is used by the court
to order the public official who has failed
to perform his duty or refused to do his
duty, to resume his work. Besides public
officials, Mandamus can be issued against
any public body, a corporation, an inferior
court, a tribunal, or government for the
same purpose.
Polity by Bhupesh Bansal 59
Prohibition
 The literal meaning of ‘Prohibition’ is
‘To forbid.’ A court that is higher in
position issues a Prohibition writ
against a court that is lower in
position to prevent the latter from
exceeding its jurisdiction or
usurping a jurisdiction that it does
not possess. It directs inactivity.
Certiorari
 The literal meaning of the writ of
‘Certiorari’ is ‘To be certified’ or ‘To
be informed.’ This writ is issued by a
court higher in authority to a lower
court or tribunal ordering them either
to transfer a case pending with them to
itself or quash their order in a case. It
is issued on the grounds of an excess
of jurisdiction or lack of jurisdiction
or error of law. It not only prevents
but also cures for the mistakes in the
judiciary.
Polity by Bhupesh Bansal 60
Quo-Warranto
 The literal meaning of the writ of ‘Quo-Warranto’ is ‘By
what authority or warrant.’ Supreme Court or High Court
issue this writ to prevent illegal usurpation of a public office
by a person. Through this writ, the court enquires into the
legality of a claim of a person to a public office
 Writs of India are borrowed from English law where they are
known as ‘Prerogative writs’

Polity by Bhupesh Bansal 61

Panchayati Raj
 Vice Roy lord Ripon Madaras local autonomy board act passed by vice roy lord rippon.
 In many cities of india established muncipalitites by lord rippon therefore lord ripon called

father of autonomy.
 Based on decentralization

Balwant Rai Mehta Committee & Panchayati Raj

 The committee was appointed in 1957, to examine and suggest measures for better working of

the Community Development Programme and the National Extension Service. The
committee suggested the establishment of a democratic decentralised local government which
came to be known as the Panchayati Raj.
 Recommendations by the Committee:

 Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila

Parishad.
 Directly elected representatives to constitute the gram panchayat and indirectly elected

representatives to constitute the Panchayat Samiti and Zila Parishad.

 Planning and development are the primary objectives of the Panchayati Raj system.

 Panchayat Samiti should be the executive body and Zila Parishad will act as the

advisory and supervisory body.

 District Collector to be made the chairman of the Zila Parishad.

Polity by Bhupesh Bansal 62

Ashok Mehta Committee & Panchayati Raj
 The committee was appointed in 1977 to suggest measures to revive and strengthen the declining

Panchayati Raj system in India.

 The key recommendations are:

 The three-tier system should be replaced with a two-tier system: Zila Parishad (district level) and the

Mandal Panchayat (a group of villages).

 District level as the first level of supervision after the state level.

 Zila Parishad should be the executive body and responsible for planning at the district level.

 73rd Constitutional Amendment Act of 1992

 Significance of the Act
 The Act added Part IX to the Constitution, “The Panchayats” and also added the Eleventh Schedule which
consists of the 29 functional items of the panchayats.
 Part IX of the Constitution contains Article 243 to Article 243 O.
 The Amendment Act provides shape to Article 40 of the Constitution, (directive principles of state policy),
which directs the state to organise the village panchayats and provide them powers and authority so that they
can function as self-government.
 State election commission:The commission is responsible for superintendence, direction and control of the
preparation of electoral rolls and conducting elections for the panchayat.
 The state legislature may make provisions with respect to all matters relating to elections to the
panchayats

All states of India have Panchayati Raj systems except Nagaland, Meghalaya and Mizoram, in
all Union Territories except Delhi; and certain other areas.

Polity by Bhupesh Bansal 63

Main point of panchayati raj
 74th amendment act 1992 – 12schedule added 18matters.(BY PV Narsimha govt.)
 First time community developed programme started by PJ nehru govt in 1952
 National extension program started by Pj Nehru govt. in 1953
 If gram panchayat dissolved within 6month new election.
 LM Singhvi committee – 1986 –rajiv Gandhi for revitalization of Panchayati raj
 Gadgil committee- 1988 for how the panchayati raj institution be effective
 Thungon committee 1988– for political and adminstrative structure in district for district
planning

Polity by Bhupesh Bansal 64

 CONSTITUTIONAL BODIES
ELECTION COMMISSION(Article 324)
 The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election
processes in India.
 The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the
President and Vice President in the country. Background
 Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
 The Election Commission was established in accordance with the Constitution on 25th January 1950.
 Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member
 The office is held by them for a term of 6 years or until they attain 65 years, whichever happens first. They can also be removed or
can resign at any time before the expiry of their term.
 Appointed by President

 Procedure of Removal
 Judges of High Courts and Supreme Court, CEC, Comptroller and Auditor General (CAG) may be Removed from office through a
motion adopted by Parliament on grounds of ‘Proven misbehaviour or incapacity’.
 Removal requires special majority of 2/3rd members present and voting supported by more than 50% of the total strength of
the house.

Polity by Bhupesh Bansal 65

Public service commision
 Part 14  Age 62y or 6year
 Article 315 to 323  Article 315 to 323
 Chairman and other member appointed by president  Part 14
 Term 6y
 Removal – insolvent/paid employment
 Age 65 age
outside/ reason of infirmity of mind or body
 GOI act 1919
 Misbehaviour
 Removal – insolvent/paid employment outside/

reason of infirmity of mind or body

 Misbehaviour

UNION PSC STATE PSC

Polity by Bhupesh Bansal 66

FINANCE COMMISSION
 ART 280
 QUASI JUDICIAL BODY
 CONSTITUTED BY THE PRESIDENT OF INDIA AFTER EVERY FIFTH YEAR OR AT
SUCH EARLIER TIME AS NECESSARY.
 15TH FINANCE COMMISSION(2020-2025) – NK SINGH
 First Finance Commission was constituted vide Presidential Order dated 22nd November
1951 under the chairmanship of Shri K.C. Neogy on 6th April 1952.
 The Indian federal system allows for the division of power and responsibilities between the
centre and states. Correspondingly, the taxation powers are also broadly divided between the
centre and states. State legislatures may devolve some of their taxation powers to local bodies
 Under Article 243-I of the Constitution of India, the governor of a state is required to
constitute a Finance Commission every five years.

Polity by Bhupesh Bansal 67

 CONSITIUTIONAL BODY
 EST. UNDER ARTICLE 338
 ART 338A
 Initially, the constitution provided for the  The 89th Amendment in 2003 replaced
appointment of a Special Officer under Article
338. this Commission with the following with
 This special officer was designated as the effect from 2004:
Commissioner for Scheduled Castes and Scheduled
Tribes. ◦ National Commission for Scheduled
 In 1987, the government, upon pressure from
Castes
various Members of Parliament, decided to form a
multi-member commission for the welfare of the ◦ National Commission for Scheduled
SCs and STs instead of a one-member commission.
Tribes
  first National Commission for Scheduled Castes
was formed in 2004 under the chairmanship of
Suraj Bhan

NATIONAL COMMISSION NATIONAL COMMISSION

FOR SCs FOR STs

Polity by Bhupesh Bansal 68

COMPTROLLER AND AUDITOR GENERAL OF INDIA
 Article 148 of the Constitution of India establishes the authority of this office. It states the following
points in relation to the establishment and powers of CAG:
 The Comptroller and Auditor General is appointed by the President of India and can be removed from
office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
 The person appointed to this office should take an oath of office before the President or any other person
appointed by the office of the President.
 The salary, service conditions, leaves of absence, pension, and age of retirement are determined by the
Parliament of India and specified in the Second Schedule such that the service conditions and salary will
not be modified to the disadvantage of the incumbent during their tenure.
 The powers and functions of the CAG are subject to the provisions of the Indian Constitution and any Acts
of Parliament, along with the service conditions for the Indian Audits and Accounts Department. The rules
governing these would be prescribed by the President in consultation with the incumbent.
 The expenses on the administration of this office including all allowances, salaries and pensions would be
charged to the Consolidated Fund of India.
 The incumbent is appointed for a period of 6 years or until attaining the age of 65 years whichever is
earlier.
 GUDIAN OF THE PUBLIC PURSE
 CALLED FRIEND PHILOSPHER GUIDE
 ART 151 AUDIT REPORTS
 Shri V.Narahari Rao was the first Comptroller and Auditor General of India.
 In India, CAG does not audit the Reserve Bank of India (RBI).CAG conducts audit of other financial
sector regulators like SEBI, IRDA and PFRDA but does not conduct performance audits.

Polity by Bhupesh Bansal 69

 The Attorney General (AG) of India is a part of the
Union Executive. AG is the highest law officer in
the country.
 Article 76 of the Constitution provides for the office
of AG of India.
 AG is appointed by the President on the advice
of the government.
 S/he must be a person who is qualified to be
appointed a judge of the Supreme Court, i.e. s/he
must be a citizen of India and must have been a
judge of some high court for five years or an
advocate of some high court for ten years or an
eminent jurist, in the opinion of the President
 Term of the Office: Not fixed by the Constitution.
 Removal: Procedures and grounds for the removal
of AG are not stated in the Constitution. S/he holds
office during the pleasure of the President (may
be removed by the President at any time).
 To give advice to the Government of India (GoI)
upon such legal matters, which are referred to
her/him by the President
 S/he has the right to speak and to take part in the
proceedings of both the Houses of Parliament or
their joint sitting and any committee of the
Parliament of which s/he may be named a member,
but without a right to vote.
ATTORNEY GENERAL OF INDIA
 Article 165
 He must be an Indian Citizen
 He should be eligible to be appointed as the
judge of the High Court; i.e. he must meet one
of the following eligibility criteria:
◦ A barrister having experience of more than
5 years.
◦ A civil servant with an experience of more
than 10 years along with an experience as
a servant in Zila Court for at least 3 years.
◦ A pleader over 10 years in any high court
 He shouldn’t be more than 62 years of age as is
the age qualification for a High Court Judge
 The Constitution does not fix the term of
Advocate General in India. He remains in the
office during the pleasure of the Governor.
 The Constitution does not contain the
procedure and grounds to remove the
Advocate General of State. Governor can
remove him/her at any point in time.
 Resignation of Advocate General – He can
resign from the public office by submitting the
resignation letter to the state governor.
ADVOCATE GENERAL OF THE
STATE
Polity by Bhupesh Bansal 70
Some important points
 Sarjoni Nadu was first women governor from state UP in free india
 Goa have uniform civil code(Art 44) – it mean govern all the people in respect their religion and cast.
 Justice M fathima beevi was first woman judge to be appointed supreme court of India and first muslim woman
to be appointed to higher judiciary.
 Leila seth was first women chief justice of a high court of a state in India – delhi state
 First general election of lok sabha – 1951-1952
 In 13th lok sabha election harayana win all the seats.
 Fourth estate – media
 Dr rajinder prasad served 2 times as a president
 Rashtrapati bhawan was designed by edwin lutyens.
 Vijay laxmi pandit was 1st woman ambassador from india.
 Sucheta kripalani – 1st woman CM of state UP
 Machiavelli was the first to term used STATE
 In Maharashtra woman had never been a CM in a state.

Polity by Bhupesh Bansal 71

THANK YOU.

Polity by Bhupesh Bansal 72