Mother's * GK The constitution of India Making of Constitution + Constituent Assembly —The Constituent Assembly was formed on the basis of the recommendations of the Cabinet Mission (1946) Commission. + Cabinet Mission Commission came to India on 24 March 1946. It had a chairman and two members. Chairman -Sir Pathick Lawrence Member (1) Stafford Cripps (2) K. V. Alexander * Objective -(1) To transfer the authority of governanment. (2) To recommend indian leaders for Constituent Assembly. + Recommendations of the Cabinet Mission Commission + 389 members were elected from all over India for the Constituent Assembly. 11 British Chief Princely Provinces }| Commissionery |] States J Delhi y 03 members 296 members Coorg Balochistan ‘Ajmer-Merwada * 296 members were indirectly elected by the provincial assemblies. * 93 members were nominated by the princely states. © 1 seat was reserved for 10 lakh people. * Three categories were created for the election- First list- Muslim Second list - Sikhs ‘Third list - Others (Hindus were also included ) * Elections to the Constituent Assembly were held in July-August, 1946, the results of which are as follows- Congress —208 seats ‘Muslim League —73 seats, other parties —15 seats Out of 296 members, 26 SC, 83 ST, 4 Sikhs and 15 women were elected. * The first meeting of the Constituent — Assembly - was held on 9 December 1946 at 11 am in the Central Hall of our old Parliament. * Dr. Sachchidanand Sinha was elected the temporary president ofthe Constituent Assembly. ‘+ 207 members were present on this day. + J.B, Kripalani was the first person to address Constituent Assembly. * The Muslim League boycotted the Constituent Assembly and demanded a separate country. + Second meeting of the Constituent —Assembly ~ held on 11 December 1946 * Dr. Rajendra Prasad was appointed the permanent chairman of the Constituent Assembly. * H.C. Mukherjee was appointed the Deputy President of the Constituent Assembly. + V. 7. Krishnamachari was made the second President of the Constituent Assembly (16 July 1948) ‘+ B.N. Rao was made the constitutional advisor of the Constituent Assembly. Committees of the Constituent Assembly (1) Union Power Committee President- (2) Union Constitution Committee >,randit {@) State Committee "Nenna (4) Steering Committee (6) Rules & Procedure Committee} President- Proce Dr. Rajendra (6) Ad Hoc Flag Committee Prasad (2) Provincial Assembly Committe], President- Sardar Vallabh "Bhai Patel (8) Advisory Committee 2 Subcommittees —wu——“«~ ‘Subcommittee on Minorities and Fundamental Rights | | Tribal Subcommittee v v Vice president Vice president G. B. Kriplani H. C. Mukherjee (9) Housing committee-Pattabhi Sitaramayya (10) Language committee-Moturi Satyanarayan ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhotwara + Ambabari * Alwar * UdaipurMother's + GK Drafting Committee / Drafting Committee / Manuseript Writing Committee- + Established— 29 August 1947 + President— Dr. Bhimrao Ambedkar (April 14- Jayanti) (August 30) + 6 members — (1) Mohammad Sadullah the only Muslim member (2) KM Munshi (3) Alladi Krishnaswami lyer (4) Gopal Swami Iyer (5) N Madhav Rao— Replaced B. L. Mitra (6) T. 7. Krishnachari - Replaced D. P. Khaitan— (death) ‘The Drafting Committee passed the constitution in three readings. «First reading— 4 Nov. Nov 9 1948 + Second Reading— 15 Nov 1948-17 Oct. 1949 + Third Reading —14 Nov. 1949- 26 Nov. 1949 + The Constitution of India was adopted on 26 November 1949, some provisions of the constitution implemented on same day - Citizenship - Oath of the President - Election Commission - Ad hoe parliament + The constitution fully came into force on 26 January 1950. + It took 2 years 11 months 18 days to frame the constitution. For this, the Constituent Assembly organized 11 sessions, whose meetings lasted for 165 days. © The original constitution was hand written by Prem Bihari Narayan Raizada. in English language italic style. * Vasant Krishna Vaidya translated the constitution into Hindi language. + HLV.R. Iyinger was appointed the secretary of the Constituent Assembly. Other important functions of the Constituent Assembly: + The tricolor (designed by Pingali Vaikaiah Naidu) was adopted as the national flag on 22 July 1947. * Hindi language was adopted as the official language of India on 14 September 1949, * On 24 January 1950, Dr. Rajendra Prasad was (elected) as the first President of India by constituent assembly. * On 24 January 1950, ‘Jana-Gana-Mana’ was adopted as the National Anthem of India. [Sung for the first time in 1911 at Calcutta session — Congress session] * On 24 January 1950, ‘Vande Mataram’ was adopted as the national song of India. Number of Constituent Assembly After 15 August 1947 209 — Number om 29 From 270 princely states states Role of Constituent Assembly a 2 Constitution ‘To Function as mini parliament making ‘ v + President-G. V. Mavalkar Chairmanship by- * First Lok Sabha Speaker Dr. Rajendra after independence Prasad G. V. Mavalkar + First Indian speaker before independence - ‘Vitthal Bhai Patel (1925) Formation of Interim Government on 2nd September, 1946 + Viceroy — President of the Council + Vice President — Pt. Jawaharlal Nehru, Vice President of the Council + Rajendra Prasad—Minister of Agriculture + Baldev Singh—Defense Minister + Sardar Vallabhbhai Patel — Home, Information and Broadcasting Minister + Asaf Ali —Railway Minister + Jagjivan Ram —Labor Minister + John Mathai, Bharat Chandra Bose—industries and Civil Supplies + CH Bhabha, Syed Ali Zaheer — Minister of Ports and Mines + Jogandranath Mandal — Law Minister + Ghazanfar Ali Khan —Health Minister ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « Udaipur 2 |Mother's * GK + Liaquat Ali Khan— Finance Minister + LL.Chundrigar — Commerce Minister + Abdulrab Nishtar—Minister of Communications On 15 August 1947, the interim government now became the first cabinet of independent India. + First prime minister—Pt, Jawaharlal Nehru + First Home Minister — Sardar Vallabhbhai Patel + First Finance Minister — R. K. Shanmukham Shetty + First Law Minister —B. R. Ambedkar + First Education Minister -Maulana Abul Kalam Azad + First Labor Minister —Jagjivan Ram + First Defense Minister—Sardar Baldev Singh. + First Health Minister—Princess Amritkaur + Communications Minister—Rafi Ahmed Kidwai + Commerce Minister—C. H. Bhabha + Industry and Supply Minister —Dr. Shyama Prasad Mukherjee + Works, Mines and Energy Minister —V.N Gadgil Constitution of India Originally (Currently Part-22 Part-25 Part-4A Part-9 Part-9A Part-14A Article-395, Article-470 Schedule-08 | Schedule-12 Schedules (1)() Name of the states and their jurisdiction (ii) Name of the Union Territories & their extent (2)Schedule-2 Salary and Allowances- Center (1) President (2) Speaker and Deputy Speaker of the Lok Sabha State Governor ‘Speaker of the State Legislature Tegislative assembly Chairman and Deputy| Chairman of Legislative Councils, (3) Chairman and Deputy Chairman of Rajya Sabha (4) Judges of ‘Supreme court | Judges of High court (5) Comptroller and Auditor General + Schedule-3. Oath and Affirmation-- Center State Union minister Minister of state ‘Member of Member of state Parliament (MP) legislature Judge of S.C. Judge of H. CAG. = + Fourth Schedule - Distribution of the seats of Rajya Sabha to States and Union Territories + Fifth Schedule — Provisions relating to administration and control of scheduled and tribal + Sixth Sehedule—Provisions relating to administration and control of triable area of Assam, Meghalaya, Tripura, Mizoram + Seventh Schedule— Division of powers between the Union and the States. The distribution of powers between the union and the states has been done in three lists- Basically | Currently the subject | the subject Union List o7, 98, State List 66, 59) Concurrent 47 52 + Eighth Schedule — 22 languages recognized by the Constitution of India originally there are 14 language: ‘Study Center: Jaipur + Gopalpura: « Lakothi + Jhotwara * Ambabari + Alwar + Udaipur |= |Mother's + GK + Sindhi, the 15th language, was added by the 21st Constitutional Amendment (1967), + 16, 17, 18th languages —Nepali, Manipuri, Konkani language were added by 71st Constitution! amendment (1992) + 19th, 20th, 21st and 22nd language Bodo, (J&K), Dogri Maithili and Santhali were added by the 92nd Constitutional Amendment (2003). + Ninth Schedule — Added by the First Constitutional Amendment, 1951. Provisions —(1) Provisions related to abolition of Zamindari system. (2) Certain rules and regulations have been kept out of judicial review. [there are 282 such laws] + 2007 = In the Coelo case, the Supreme Court said that it can hear the subjects of the Ninth Schedule which were added after 24 April 1973. + Tenth Schedule —The 10th Schedule was added to the Constitution by the 52nd Constitutional Amendment in 1985. Provisions - Provisions relating to anti-defection law. + Eleventh Schedule —It was added to the Constitution in the 73rd Constitutional Amendment (1992) + Provisions Powers and authority of Panchayats [29 subjects were given to Panchayati Raj] + Twelth Schedule —It was added to the Constitution by the 74th Constitutional Amendment [1992]. In this, the powers and authority of the municipalities were given. [18 subjects were given to municipality] Sources of the constitution + Government of India Act, 1935 + Governor + Federal System + Public Service Commission + Emergency Provisions America + Fundamental Rights + Judicial review + Impeachment of the president + Vice president + Idea of introduction + Independent judiciary + Procedure for removal of judges of the Supreme Court and the Court of Justice Britain + Parliamentary system of government + Rule of law * Single citizenship + Bicameral system cabinet + Cabinet ministers + Collective responsbility of council of minister to the lower house + Integrated judiciary + Writs Australia + Provision for joint sitting of both the Houses of Parliament + Provision of concurrent list ‘reedom of trade, commerce and intercourse between states USSR (Russia) + Fundamental duty + Planning Commission (NITI Aayog) Japan + Procedure established by law Germany + Suspension of fundamental rights during emergency Canada + Federal system with a strong center + The Governor is appointed by the President on the advice of the Central Government. + Residuary powers vested in the center + Advisory Jurisdiction of the Supreme court Ireland + Directive Principles of State Policy (DPSP) + Manner of election of the President + Nomination of Raiya Sabha members Afric * Constitutional amendment ‘+ Election of members of Rajya Sabha France + Republic ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's * GK Preamble of the Constitution It is a brief statement of constitution * The Constitution, Preamble is the preface of the + The preamble is the expression of the thoughts, of the constitution makers. + Preamble is the discription of objectives, nature and philosophy of the constitution. * The Objective resolution was drafted by Jawaharlal Nehru which is also known as Preamble. + Jawahar Lal Nehru moved the objective resolution in Constituent Assembly on 13th december, 1946 (3rd sitting of constituent assembly). Later, It was adopted by the Constituent Assembly on 22 January 1947. Preamble ——, Source of The nature of Objective Constitution Constitution | (justice {a} social (b)Economic (6) Political (ii) Liberty of (a) Thought (b) expression ()Belief (@) Faith (¢) Worship (iii) Equality of opportunity and status (iv) Dignity of individual (®) Unity, Integrity Fraternity ( We the people of India ( Sovereignty (ii) Socialist (i) Secular (iv) Democratic (&) Republican Facts : Socialist, integrity, secular words were added in 42nd constitutional amendment 1976. ‘The word justice in the Preamble is taken from the Russian Revolution. ‘The ideals of equality, liberty and fraternity in the Preamble are taken from the French Revolution. The words "We the people of India" in the Preamble is inspired by the US Constitution. ‘Statement-- (1) (2) (3) Preamble is the key to the constitution - Emnest Barker Preamble is the political horoscope of the country. K.K. Munsi Preamble is the soul of the country. ~Thakur Das Bhargava Amendibility of constitution- Berubadi Case-1960-Supreme court held that preamble is not part of constitution and it can not be amended. Preamble is a part of the constitution and it can be amended also. It was held in Keshavanand Bharati Case 1973 by supreme court Study Center: Jaipur * Gopalpura: * Lalkothi + Jhotwara + Ambabari « Alwar * UdaipurMother's + GK Part-I Union & Its Territory Article (1-4) Article- 1 (1) India, that is Bharat, shall be a Union of States. (2) The states and its territories shall be as specified in the Ist schedule. (8) The territories of India shall comprise- (j Territories of State (i) Union Territories specified in Ist schedule (ii) such other territory as may be acquired by the Government. + Article-2 Parliament may by law admit into the union Establish new states on such terms and conditions, as it think fit. + Article-3 Parliament may by law- Form anew states by seperation of new territory from any states By uniting two or more states or parts of states, By uniting any territory to a part of any states. + Increase the area any states + Diminish the area of any states + Alter the boundaries of any states + Alter the name of any states. Procedure relating to creation of new state or make change in area, boundary or name. (i) Prior permission of the President is required. (ii) The bill can be introduced in either house. (iii) Before giving recomendation shall refer the matter to the concern state legislature for its opinion. (iv) If state legislature does not provide its view within the time limt or give contrary views after expiry of time limit it can be introduced in either house. () Parliament is not bound to act in accordance with the opinon states legislature. (vi) Simple majority is required to get this bill passed. Article-4- Amendment in article 1, 2 & 3 does not required special majority. If Indian territory is transferred to a foreign state, then the constitutional amendment required, Andhra Pradesh became the first state on linguistic basis in 1953. Sikkim was made an associate state by the 35th constitutional amendment in 1975. Sikkim was made a territory of the Indian Union by the 36th Constitutional Amendment in 1975. 1960 - Gujarat 1963 - Nagaland 1966 - Haryana 1971 - Himachal Pradesh 1972 - Meghalaya, Manipur, Tripura 1975 ~ Sikkim 1987 ~ Mizoram, Arunachal Pradesh, Goa 2000 - Uttarakhand, Chhattisgarh, Jharkhand 2014 ~ Telangana Committees related to fomation of new states S.K. Dhar Commission 1948 JVP Committee 1949 Fazal Ali Commission 1953 On the recomendation of Fazal Ali Commission the state re-organization act 1956 was passed ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « Udaipur | s |Mother's + GK Citizenship Part-2 Article ( 5-10 ) © Single citizenship has been adopted in India. * Article 5 — Rights of citizenship at the commencement of constitution. * Article 6 — Rights of citizenship of certain persons migrating to India from Pakistan. © Article-7— Rights of citizenship persons going from India to Pakistan Article 8 — Citizenship rights of persons of Indian origin (who lives outside India) Article-9 — If a person voluntarily acquires. foreign citizenship, he ceases to be a citizen of India. Article-10 — Continuance of citizenship. Article-11 — Parliament can make laws related to citizenship. The parliament has made citizenship act 1955. ‘The Citizenship Act has been amended six times so far. (1986, 1992, 2003, 2005, 2015, 2019) According to the Citizenship Act 1955, a person can get citizenship in the following ways- ( By birth (ii) By descent (ii) By registration (iv) By naturs (¥) By acquisition of territory ization Fundamental Rights - Part-3 (Article-12-35) Fundamental rights protect exploitation, — of Government — of Society » of any private individual Fundamental rights are essential for the all round development of an individual. They have been guaranteed by the constitution and protected by the Supreme Court. Fundamental right are justiciable it means they can be enforced by courts in India but they are not unlimited they can be restricted by government on the reasonable grounds. Fundamental right developed for the first time in Britain but countries like America and France added them in their constitution for the first time. In original constitution Seven types of fundamental rights were available but right to Property Article-31 has been removed from the category of fundamental rights by the 44th Constitutional Amendment 1978 and now it is a constitutional right under Article 300A. us from At present there are six types of fundamental rights available- (1) Right to equality (Article -14-18) (2) Right to Freedom (Article 19-22) (3) Right against expliotation (Article 23-24) (4) Right to freedom of Religion (Article 25-28) (5) Educational and cultural rights (Article 29-30) (6) Rights to constitutional Remedy (Article-32) Article-12 + Definition of state — Government of India and Parliament + State Govt. and State Legislature > Local authority = Other authorities Article-13 Laws which are inconsistent with the fundamental rights shall be void. ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK Article-14 The State shall not deny To any person ‘And equal protection equality before the law | of the lw 4 \ ‘Taken from Britain| Taken from America le Aut persons are le Equality of treatment equal before law under equal = No special treatment It means special favour to any one whether | ‘aut be given to weaker heholds any post or sion. Be Bla Article-15 + No discrimination on the gound of caste, race, religion, place of birth, gender can be made with any person, Article-15 (2) + On the same grounds as above + There can be no discrimination to enter in public shops, places of public entertainment, cinema, malls, restaurants etc., nor should there be any discrimination on the use of wells, tanks, ponds, roads, swimming pools. [Partially or fully funded by the Government] Article-15 (3) + Special favour can be given women and children. Article-16 (1) (2) + No discrimination in government job on the ground of caste, race, religion, sex, place of birth, descent and residence Article-16 (3) + Parliament can prescribe residence as a condition of employment. Article-16 (4) + The government can give reservation in government jobs to the socially and educationally backward classes. [On the recommendations of the BP-Mandal Commission, the government gave 27% reservation to OBCs in government jobs.] Article-16 (6) + Government has been given 10% reservation in government jobs. To Economically Weaker Sections EWS] It has been given by 103rd Constitutional Amendment 2019. Article-17 + Abolition of Untouchability According to the Protection of Civil Rights Act 1976 untouchability is a punishable offence. Article-18 + Abolition of titles —The state shall not confere any title except education and military. + Title - > Example Sir, knighthood, Maharao, Raibahadur, King, Myloard ete. Army Education, Doctor- MBBS, Phd. Major Captain Engineer Colonel Lieutenant CA. Note:- In the Balaji Raghavan case, the Supreme Court said that civilian awards (Bharat Ratna, Padma Bhushan, Padma Vibhushan) are not titles, they are awards and they can be given. Article-19 it consists 6 freedom Under Article-19(1) (A)- + Freedom of speech and expression [Right to speak] - Right to protest and demonstrated but not the right to strike. - Freedom of press and media ~ Right to live (Telecaste) - Right to Internet - Right to hoist the flag - Right to Information Article-19(1) (B) - Right to assemble peacefully without Arm Article-19(1) (C) - Right to form association, organization, cooperative Article-19(1) (D) - Right to move freely in India Article-19(1) (E) - Right to reside or settle in India ‘* Article-19 (1) (F)—The right to acquire property has been abolished by the 44th Constitutional Amendment in 1978, Article-19(1) (@) - Freedom to aquire any occupation, profession or to carry any business or trade. Note- The government can restrict the freedoms given in Article 19 on the following grounds.India's sovereignty, integrity, unity, Study Center: Jaipur * Gopalpura: + Lalkothi + Jhotwara + Ambabari « Alwar * UdaipurMother's + GK public order, morality, public health, provocation, non-compliance of judiciary, friendly relations with neighboring countries. Article 20 Protection in respect of conviction for offenses + Article-20 (1) Punishment can be given with existing laws. Punishment cant be given with retrospective effect of law. + Article-20 (2)—Protection from double jeopardy » No person can be punished twice for the same offence. + Article-20 (3) —No person can be compelled to be witness againgt himself. + Article 21 —Right to life and personal liberty No person can be deprived of his life and personal liberty except according to procedure established by law. Case - A. K. Gopalan 1950: + Menka Gandhi (1978}- S.C. held that it can review arbitrary executive (govt.) actions as will as arbitrary legislative actions (parliament) if they are found invalid supreme court can abolish. Presently following rights come under act 21 © Right to travel abroad + Right to have passport + Right to privacy + Right to get live + Right to get medical aid in emergency. + Right to get food + Right to get legal aid * Right to get clean water & environment + Right to get suffeient sleep + Right to get shelter © Right to marry + Right to live in relationship + Right to walk * Right to change own name + Right to education + Right against hand cutting. + Right against phone tapping © Right live life with dignity + Suicied is not FR, it is a punishable offence. Enuthanasia- In India passive euthanasia is permitted. ood. a) » Article 21 A- It was added by 86 C.A 2002 (RTE) Provisions - Free & Compulsory education to all children 6-14 yr. age Govt. enacted RTE Act 2009, it was implemented from 1 april 2010. Article 22-Protection against arbitratory arrest and detention. a) Right to know the ground of arrest. b) Right to be defended & take advice from legal practitioner. ©) Right to be produced before judge within 24 hrs of arrest. 4) Right to be be released after 24hrs of arrest unless judge authorise further detention. Protection In preventive detention Police can arrest on the ground of suspicion But arrect can't exceed 3 months unless judge authorise further . Eg. UAPA, Under house arrest Article 23-Prohibition of traffic in human bring a forced labour a) Prohibition of buying, selling of women, children & men b) Prohibition of devdasi system ©) Prohibition of slavery system Abolition of bonded labour ¢) No renumeration for work done Article 24-Prohibition of employment of children below 14 years in factories, mines, hazardous work. According to parliament act 2016, child labour is totally ban. Article 25 :- Freedom of conscience and right to profess Practice propgate own religion. Religion conversion by force or allurment is punishable offence. Hindu word include-Sikh, Buddhiest, Jain Sikh have right to keep & carry ‘Kripan' with them Article 26 :-Right to mange religious affairs Article 27 :- Freedon from taxation for promotion of a religion. Article 28 :-Freedom from religious instruction, in educational institution. In Govt, educational institutions - religious education is totally ban. Institutions recognised by govt or receiving aid ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « Udaipur | > |Mother's + GK from govt- religious education on voluntary basis. Article 29 :-Any section of citizens residing in India having distinguished - Script, literature, language, culture shall have right to conserve the same. Article 30:-Right to religious & linguistic minorities to establish & maintain educational institutions of their own choice Article 32:-Right to constitutional reme "Dr. B. R. Ambedkar called article 32 as heart & soul of constitution.” Provisions + Right to approach S.C for enforcement of FR. S.C, also issue writs for protection of F.R. S.C. issues 5 types of writs under article 32. 1. Habeas corpus -> Meaning -> To have the body. It is issued against illigal detention. 2. Mandamus > meaning -> We command (It is issued against only-Govt officers/employees) It can't be issued against J President J Governor, J Chief justice of HC L any Pvt. individual. 3. Prohobition —> meaning -»To forbid It is issued against lower courts or Tribunals 4. Certiorari + meaning — to inform. It is issued agains lower courts or Tribunals. 5. Quo warranto — What is your authority Itis issued to inquire into legality of claim of a person to public office. Article 33:-Parliament can restrict FR of certain category of members of > Armed force + Police > Intelligence Article 34 When marshal law is imposed in country parliament can restrict FR of people. Article 35 Parliament can make laws for FR not state legislature Facts-When national emergency is imposed in country article-19 shall be suspended automatically. When National emergency is imposed in country the president can suspende 1 or all fundamental rights. But 44 C.A. 1978 provides that president can suspend article 20, 21. ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK Directve Principle of State Policy (Part 4, Article 36-51) DPSP establish welfare state in India DPSP establish social-economic justice in India. Article 36- Definition of state same as article 12 Article 37- DPSP are not justiciable. Itmeans that they cannot be enforced by courts. but they are fundamental in the governance of country. Whenever govt. make any policy government should implement DPSP in the policy. Article 38 (I)- Establish social-economic politial justic based social order. Article 38 (II)-Minimise inequality in income & other facilities. Article 89 (a)-Provide opportinity of livehood. 39 (b) - Use of resources for common good. 39 (c}-Prevention of concentration of wealth & means of production. 39 (d)-Equal pay for equal work for (men and women). 39 (e}- Secure health and strength of workers 39 (f) -Secure the healthy development of the children and protect them exploitation & abuse 89 (A) -Bqul justice & free legal aid to the poor Article 40 - Organisation & empowerment of panchayati Raj. Article 41- In case of old age, disablement, sickess, unemployment secure citizens Article 42-Secure just & human of work and maternity relief. Article 43- Secure living wage for worker & organisation of cottage industry. Article 43A-Participations of workers in the management of industry. Article 44-Make uniform civil code. Code Criminal Civil u L Murder, fraud Marriage Rape Divorce Crimes Inheritance Equal provision for _Diifference law for all religion Difference religion Article 46 - Welfare of ST/SC/OBC Article 48- Early childhood care & opportunity of education to all children between 0-6 year of age. Article 47-Raise level of nutrient & health of people and prohibit alcohol. Article 48-Organisation of agriculture & animal husbandary in modern line & prohibit slaughter of cow, calves and other milching drought. Article 48 A-Protection of environment & safeguarding wildlife Article 49 - Protection of monuments, object & places of national importance. Article 50-Seperate judiciary from executive in the service of state. Amendment By 42nd C.A, 1978 - Article - 39 A Article - 39 F Article - 43 A Article - 48 A were added By 44th C.A. 1978 - Article 38 (II) By 97th C.A. 2011-Article -43B was added provision + organisation of co-operative societies. Directive principles of state policy an be divided into three parts Socialistic principles Article - 38(1), 38 (II}, 39 (a-f), 39, 41, 43 Gandhian principles Article 40, 43, 46, 47 and 48 Western Liberal principles Articles 44, 48A, 49, 50 and 51 Fundamental duty (Part 4A- Article 51A (a-k)) ‘The fundamental duties were not included in the original constitution later On they were added by 42 and Constitutional Amendment on the recomendation of Sardar Swaran Singh Committee 10 fundamental duties were added list fundamental duty was added by 86th constitutional amendment 2002. (a) To abide by constitution and. Respect its ideals and national flag, National anthem, and Institutions. ‘Study Center: Jaipur» Gopalpura: Lakothi + Jhotwara * Ambabari + Alwar « Udaipur(b) {c) (dq) (e) (h) (i (i) () Mother's + GK To cherish and follow the noble, ideals that inspired our national struggle for freedom. To protect sovereignty unity, integrity of To defend the country and render national sercices when called upon to do so. To promote spirit of common brotherhood among all indians & renounce practices. derogatory to dignity of woman, To preserve the rich heritage of our country's composite culture, To protect natural environment including rivers, lakes wildlife, forest. To develop scientific temper, humanism & spirit of inquiry & reform. To protect public property & Abjure violance To strive towards excellence in all spheres Duty of parents/Guardian to provide opportunity of education to all his children between 6-14 year of age. Union Government (Part-5, Article 52-151) Executive (52-78) - (President, Prime minister, council of minister, attorny general) Parliament (79-123)- (Law making body) Judiciary (124-147) - Supreme court Comptroller & Audit General (148-151) In India, Parlimentry form of govenment has been adopted under which authority of govt. has been divided in two parts. President Prime minister v v Nominal Real - Name of president First citizen - Supreme commander Head of nation - Rubber stamp ~ Constitutional head Article 52-There shall be a president of India. Article 53-President is the head of union executive. Article 54-Electoral college of president. 1. Only elected members and Loksabha, Rajya Sabha, Members of legislative assemblies of states & union territories. (Delhi and Puducherry) Takes part in election of president 2. Nominated members of Lokh Sabha, Rajya sabha & Legislative assembly of state & U.T. don't take part in the election. Article 5S- Manner of election of president - He is elected indirectly in accordance with the system of proportional representation and single transferrable vote. Through secrect Ballot To win election of president Quota Required - 50%+1 of total valid vote Article 56 -Term of office - Five years President may resign by writing to vice president. Vice president informs - Lok Sabha speaker regarding resignation. Article 57 - Re election of president — yes he can be re elected ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « Udaipur 12Mother's + GK * Article 58- Qualification :- - Indian citizens - 35 years - Not hold office of profit - Should be qualified to be member of Lok Sabha - Should not be unsound mind & Bankrupt. Article 59 : Conditions + MP, & MLA, can't become president if they are elected as president then previous seat will become vacant © Salary- 5 lakh per month + To be candidate of election of president it requires 50 members as proposer & 50 members as secondars. * Caution money for president election 15000/- deposite in RBI Article 60 :- Oath of President + Oath of president is administered by CJI. If CJL is absent then the senior most judge of supreme court administrate oath of president. Article 61-Impeachment of president (#777) * — Grands:- Voilation of constitution + Process: 14 days advance notice is given to president before impeachment. Resolution of removal can be moved in either house * President can be removed by a resolution of removal passed from each house of parliament with special majority. + Special majority - Majority of 2/3 members supported by more than 50% of the total strength of the house + Process of impeachment of president is called Quasi Judicial process. Process of president (went ori @ rata nf) + Executive powers (a) Appointment-President appoints prime minister & council of ministers, attorney general, Governor in states and Lieutenant governor in U.T., Judges of SC & HC, comptroller & Auditor general, Chief election commissioner & otehr election commissioner Vice chancellor Central universities, Chairman & members of UPSC & all important appointment of central govt. are made by him. (0) Article 77- All official decisions of central govt are taken in the name of president. () Article 263-President can constitute a inter- state council for promotion of central state relation. 2. Legislative powers (aa tatu ua) A Article 80- President nominates 12 members is Rajya Sabha from -Arts, Science, literature & Social services. Article 85- Power of president to summon & Prorogue sessions of parliament. Power to dissolve Lok Sabha Session eT Budget Monsoon — Winter Session Session Session ZN 1 Feb. April/May Dee. “Jan. Summon Prorogue Summon Prorogue July Aug, Summon Prorogue Article 123-When parliament is not a session the president can issue and ordinance to make law Validity of ordinance : 6 months Total 6 months and 6 weeks Article-108 - President can summon joint sitting of both house of parliament on ordinary bills but it is presided by Loksabha Speaker. Financial Power of President- Every year budget is moved in Loksabha in the name of President. (Article 109) All money bill are moved only in Loksabha with prior assent to president. Article 110- Definition of money bill President has control over contingency fund India (Article 267), Judicial Power Pardoning Power — Article 72 Pardon— Offender is fully absolved from all offences Reprives — Temporary stay on execution Respits— Lesser punishment on special grands Example— Pregnant lady Remission—Reduction of Sentence without changing its nature. Ex. 10 years rigorous punishment change Syr rigorous punishment. ‘Study Center: Jaipur» Gopalpura: + Lakothi + Jhotwara « Ambabari + Alwar » UdaipurMother's + GK ¢) Commutation-Substitution of sentence which is lighter in form, Bg, Fasi ki sajz ko Umarked Karna f) President can grant pardon to death sentence & also court material. 5. Veto Power (Article 111) Loksabha ASign-> Act Bil. Rajya Diassobrescent Sabha [President may exercise his veto power] Veto Power ———+——, Veto Absolute Suspensive _Pocket/JB veto power veto Veto Power Power v v President President may _ Neither. can return a bill assent reject a for reconsideration nor reject bill of parliament. nor return a Ifsame billis "bill but sent back to simply President the president Keep it has to sign the bill pending for indefinite period In 1986 for the first time president Gyani Jail Singh exercised his veto power on post office amendment bill. President can't exercise his veto powers on money bill & constitution amendment bill. 6. Emergency Power [Part-18] i) National emergency [Article 352] Grounds:- War, External aggression & Armed rebellion Proclamation :- By President on the written advice of cabinet. (Return advised word was added by 42 C.A. 1976) cabinet word is used here in whole constitution. Order of proclamation of National emergency must be passed by parliament with special majority within 1 month. Duration:- Initially for 6 months & further can be extended for indefinite period in every 6 months with parliamentary approval. Revocation : By President ia) Till date -3 times national emergency has been imposed. 1) 1962- India-China war 2) 197 1-India-Pak war 3) 1975-On the ground of internal disturbance Presidents Rule [Article 356] Grounds- Failure of constitutional machinery in state it means if govt. does not funciton according to constitution or if present govt. can't prove majority. Proclamation-By president on the report of governor proclamation of president's Rule must be passed from each house of parliament within, 2 months with simple majority, Revocation- By President Till date in India-Maximum 10 times president rule was imposed in Manipur. In Chhattisgarh and Telangana President rule was not imposed even single time. Financial emergency [Article 360] When economy or credit of India is threatened the president can impose financial emergency on general recomendation of central govt. It is imposed initially for 2 months. Fact related to Indian President:- 1 Dr. Rajendra Prasad [26 Jan 1950-13 May 1962] First president of India President of constituent assembly also longest term [Two term] Only president who is nominated and elected. Dr. S. Radha Krishnan [13 May 1962-13 May 1967] India's first non-political, philospher and teacher president. First vice-president to become president. First president who had Bharat Ratna before becoming president. Indo-China war [20 Oct, 1962] Jaakir Hussain [13 May 1962-3 May 1969] First muslim president Death during his term [1969] President who acted as president, vice- ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « Udaipur president and governor.12. 13. 14. 15. Mother's + GK V.V. Giri [3 May 1969-20 July 1969] [24 Aug. 1969-24 Aug-1914] President at the highest age. First temporary president who resigned during his term. Fakhruddin Ali Ahmed [24 Aug 1974-11 Feb.1977] Death during his term Emergency in 1975 [Due to internal disturbance] Neelam Sanjeev Reddy [25 July 1977-25 July 1982] Speaker of Lok Sabha President who was elected inopposed. Gyani Jail Singh [25 July 1982-25 July 1987] Former CM of Punjab Minimally educated Used pocket veto on the post office legislation. R. Venkatraman [25 July 1987-25 July 1992] Oldest president (highest C.A. act passed) Dr. Shankar Dayal Sharma [25 July 1992-25 July 1997] Former governor of 3 states During his term, his worked with 4 prime minister K.R. Narayanan [25 July 1997-25 July 2002] First Dalit President Has worked as ambassador for many countries: APJ Abdul Kalam [25 July 2002-25 July 2007] Missile man of India and received Bharata Ratna Smt. Pratibha Patil [25 July 2007-25 July 2012] First woman president Pranab Mukhrjee [25 July 2012-25 July 2017] Ramnath Kovind [25 July 2017-21 July 2022] Dalit president 14th person and 15th in country. Draupadi Murmu [21 July 2022-Incumbent] Vice-President Article 63-There shall be a vice presicent Role of vice president Article 64 + He is ex-officio chairman of Rajya Sabha + He gets salary & allowances for office of Chairman of Rajyasabha Article 65 ‘* He function as ‘acting president’ in absence of president + If both president & vice-presicent are absent from office the CuI of India function as ‘Acting president of India’ + M, Hidayatullah was first CJI to function as acting president Article 66 + Election + Qualification He is elected indirectly by an electrol college consisting of all members of Loksabha and Rajya Sabha Qualification- + Citizen of India + 35 years of age ‘+ Not hold office for profit + Should be qualified to be member of Rajya Sabha ‘+ Should not be unsound .d & Bankrupt Article 67— Term of office + Removal ‘+ He holds office for 5 year and he may resign by writing to president. + Removal-(14 days advanced notice is given to vice-president) He can be removed by a resolution of Rajyasabha it must be passed with effective majority from Rajyasabha & assent of Loksabha, Article 69-Oath of Vice-president is administrated by president. In his absence it is done by a person appointed by president. ‘+ Special fact -To be candidate of election of vice- president it requires 20 members as proposers of 20 members as seconders. * Caution money for election of vice-president- Rs, 15,000 (Deposits in RBI) ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « UdaipurMother's + GK Vice President of India ‘Term of office Sarvepalli Radhakrishnan |13 May 1952—12 May 1957 (Pirst Vice-President of Indial 19 May 1957—12 May 1962 Zakir Hussain 12 May 1962—12 May 1967 Vv. ai 12 May 1967—2 May 1969 ‘Gopal Swanip Pathak [ai Aug. 1969—20 Aug. 1974 B.D, Jatt [31 Aug 197430 Aug. 1979 Mohammad Hidayatallah [31 Aug. 1979—20 Ang, 1984] , Venkataraman [31 Aug. 198424 July 1987| Shankar Dayal Sharma [8 Sept, 1987—24 July 1992 KR, Narwanan 21 Aug. 1992-24 sly 1997] Krishan Kant 21 Aug. 199727 uly 2002 ‘Bhairon Singh Shekhawat [19 Aug, 2002—21 July 2007| Mohammad Hamid Ansari Ug. 2012-11 ng. 2017] Venikaia Naidu T1Ang, 2017 11 Aug, 2022 TT Aug. 2007 11 Aug, 2012 Sagicep Dhankhar Prime Minister and Council of Minister * Article 74 (There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who ‘shall’, in the exercise of his functions, act in accordance with such advice.) Article 74-Provision of office of P.M. & council of minister. + Funetion-To aid and advised president in exercising of his function, advice of P.M. will be binding on president. + Article 75—President appoints majority party leader as P.M. & On the advice of P.M. the president appoints council of ministers. P.M. can be appointed from either house Till date 4 P.M. have been appointed from Rajyasabha 1. Indira Gandhi 2. H.D. Devgonda 3. Indra Kumar Gujral 4. Manmohan Singh + All minister holds office during pleasure of president. + All ministers are individually responsible to president. 11 August 2022 Incumbent + All ministers are collectively responsible to Loksabha. Qualification Sven if'a person is not member of parliament, he can be appointed as PM or minister but not more then 6 month, if he wants to continues as P.M. or minister he has to aquire membership of parliament within 6 months. + Term of office—Generally 5 years, but in Practice they enjoy their tenure until their majority remain in Loksabha. * Oath—Oath of PM and Ministers is administered by president. + Resignation—They may resign by writing to president. + Removal from office—They can be removed by passing a no confidence motion in Loksabha + By 91st C.A, 2003—Provides that hte strength of council of ministers can't excel 15% of total strength of Loksabha. Parliament Article- 79 : There shall be parliament of union it, shall consist of president + Loksaba + Rajyasaba President is integral part of Parliament (But he is not member of parliament) Loksabha-First house, Lower house, temporary house. Rajya Sabha— (Second house, upper house, permanent house, house of intellectual) ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's * GK Loksabha Max. strength was 552 [Article 81] Two seats of Anglo-Indian hair been abolished by 104 constitution amendment 2019 Now 550 seats are available in which 7 seats are vacant So effective strenght -543 Election ‘They are elected directly by people based on universal adult francise Qualificaiton Citizen of India 25 years age Oath By president or a person appointed by president Dissolution By President Term of office 5 Years Quoram (mimimum strength to continue or hold the sesson of house) ~Itis 1/10 Presiding officers Speaker of deputy speaker ‘They are elected by lok-sabha itself among from it's members Functions of Loksabha Speaker 1, He decides money bill and his decision is final 2, He preside over joint sitting of both houses of parliament. 3. He determines the disqualification of Loksabha member of on the ground of defection. 4, He exercise casting vote power at the end when a bill is in condition of tie 5. He appoints secretary general of Loksabha Resignation He may resign by writing to deputy speaker ofloksaba and Deputy speaker resign by writing to Loksabha speaker Rajya Sabha Total seats - 250 [Article 80] 5 are vacant, the effective strength -245 [229- states, 4 UT- 3 Delhi, 1 Puducherry, 12 Nominated] They are elected indirectly by members of legislative assemblies of states of U-T. Qualification-Citizen of India 30 Years age Oath-Same as loksabha It is a permanent house it can't be dissolved V3 of its members are retired in every 2 years, new elected. ‘Term of office-6 years Quoram-it is 1/10 Presiding officers Chairman & Deputy chairman Chairman = Vice president Dupty chairman= He is elected by Rajyasabha, itself among from its members. Resignation Chairman - to president Dupty-chairman-To chairman ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK List of all the Prime Ministers of India from 1947-2023 Jawahar Lal Nehro 15 August 1947 to 27 May 1964 16 years, 286 days The first prime minister of India and the longest-serving PM of India, the first to die in office. 2. Gulzarilal Nanda (Acting) 27 May 1964 to 9 June 1964, 13 days First acting PM of India 8. Lal Bahadur Shastri 9 June 1964 to 11 January 1966 1 year, 216 days He has given the slogan of ‘Jai Jawan Jai Ki during the Indo-Pak war of 1965 4. Gulzari Lal Nanda (Acting) 11 January 1966 to 24 January 1966 13 days 5, Indira Gandhi 24 January 1966 to 24 March 1977 11 years, 59 days First female Prime Minister of India Morarji Desai 24 March 1977 to 28 July 1979 2-year, 126 days Oldest to become PM (81 years old) and first to resign from office 7. Charan Singh 28 July 1979 to 14 January 1980 170 days Only PM who did not face the Parliament Indira Gandhi 14 January 1980 to 31 October 1984 4 years, 291 days ‘The first lady who served as PM for the second term Rajiv Gandhi 31 October 1984 to 2 December 1989 5 years, 32 days Youngest to become PM (40 years old) 10. V.P. Singh 2 December 1989 to 10 November 1990 343 days First PM to step down after a vote of no confidence 11, Chandra Shekhar 10 November 1990 to 21 June 1991 223 days He belongs to. Samajwadi Janata Party 12. P. V. Narasimha Rao 21 June 1991 to 16 May 1996 4 years, 330 days First PM from South India 13. Atal Bihari Vajpayee 16 May 1996 to 1 June 1996 16 days PM for shortest tenure 14. H. D. Deve Gowda 1 June 1996 to 21 April 1997 324 days. He belongs to Janata Dal 15. Inder Kumar Gujral 21 April 1997 to 19 March 1998 332 days. 16. Atal Bihari Vajpayee 19 March 1998 to 22 May 2004 6 years, 64 days The first non-congress PM who completed a full term as PM 17. Manmohan Singh 22 May 2004 to 26 May 2014 10 years, 4 days ‘st Sikh PM 18. Narendra Modi 26 May 2014 - 2019 4th Prime Minister of India who served two consecutive tenures 19. Narendra Modi 30 May 2019- Incumbent First non-congress PM with two consecutive tenures ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « UdaipurMother's + GK Parliament Sessions :- Three sessions are held every year but 2 are compulsorily held & gap between 2 session must not exceed 6 months. Sittings :-Every parliamentary sitting start at 11'0' clock with questions Hour 1. Starred Q- They are answered orally 2. Unstarred Q.- They are answerd in writing 3, Short notice Q.- They can be asked without giving 10 days advance notice. Question duration-1 hour Zero hour-It starts 12 'O' clock. It's an innovation of Indian parliamentary system . Parliamentry motion. No confidence Moiton It can be moved in Loksabha It requires support of 50 members to be admitted in Loksabha It is moved against whole council of ministers If it is passed in Loksabha then govt. has to resign Censure motion It can be moved in Loksabha. It requires support of 50 members to be admitted in Loksabha It can be moved against a single minister or ‘whole council of minister If it's passed in Loksabha Govt. need not to resign, Funds of Govt. 1) Consolidated fund - [Article 266 (1)] All income of govt. received in it. All expenses are made from it Salary & allowance of constitutional officers are charged on it. It comes under control of parliament ‘The government needs parliamentary approval to withdraw money from this fund, 2) Public account fund [Article 266 (2)] All other public money (other than those covered under the Consolidated Fund of India) received by or on behalf of the Indian Government are credited to this account/fund. ‘This is made up of Bank savings account of the various ministries/departments 3) National small savings fund, defense fund National Investment Fund (money earned from disinvestment) National Calamity & Contingency Fund (NCCF) (for Disaster Management) Provident fund, Postal insurance, ete. Similar funds The government does not need permission to take advances from this account. It is called Tijori or Janta’ It comes under control of executive (govt.) Bxample- Money of provident fund Saving bank accounts Coningency fund [Article 267] It comes under control of president, it was created for unforseen expenses of future. Eg. Flood, earthquake. It is managed by finance secaratary of India. Parliamentary committees:- Permanent ~ They are elected every year. Adhoc/Temporary — They are elected according to requirement Permanent /Standing Committee : [Type - Financial committee] Financial Committee Public account committee It was established in 1929 under Govt. of India act 1919 Total member = 22 [15 Loksaba +7 Rajyasaba] Election — Every year Tenure — 1 year Chairman — He ia appointed by Loksaba Speaker chairman of PAC belong to opposition Estimate committee It was established in 1950 [on the recomandation of Jhon Mathai] Total mebers = 30 [All belongs to Lok Sabha] Election-Every year ‘Tenure - 1 Year Chairman-Chaiamn is appointed by Loksaba. Speaker & he belongs to ruling party The both committes are called twin sisters of parliament No minister can be member of these ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK Protem Speaker : President appoint senior State Government most member of Loksabha as protem speaker. [Part 6, Art- 152 to 237] Function : + He administer oath of newly elected members | . Executive [153-161]—Governor, C.M., Council of Loksabha of minister & Advocate General + & Presides first sitting of newly elected | . state legislature [168-215] members © High court [214-237] Governor [tj=771] Role of governor * He is constitutional head * He is representative of central govt, in state * Article 153 — Governor in each state but 7th C.A, 1956 provides that same governor can appointed as governor (for two or more states.) © Article 154 — Governor is executive head of state + Article 155 — Appointment — Governor is appointed by president on the recommendation of central Government. * enable Loksaba to elect speaker & * his office cases to operate here. + Article 156 — Tenure - 5 years, but Governor hold office during pleasure of president, it means president can remove or transfer governor any time. + Governor may resign by writing to president. + Article 187 & 158 - Qualification — Citizen of India 35 yeas of age + Condition — - not hold office of profit, - M.-P. & M.L.A. can't he appointed as governor if appointed then their previous seat will become vacant. + Salary — 3.50 lakh/month + Article 159 — Oath of governor is administered by chief justic of concern state High court Powers of governor :- ‘+ Appointment : Governor appoints State election commission chairman & members of state public service * Chief minister & council of minister, Advocate, Vice chanceller of state university Article-166 All executive action of the government of state shall be expressed to be taken in the name of governor. ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « Udaipur 20]Mother's + GK Article-167 Imposes on the Chief Minister the responsibility of keeping the Governor informed ofall decisions made by the Council of Ministers, concerning administration and legislation. Article 176 (1) At the commencement of every session, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. + Legislative Power: + Article 171— Governor appoints 1/6 members. of legislative council from Art, Science, Literature, Social serice & Cooperative, + Article 174 — Power of governor to summon & proogue seesions of state legislature & power to dissolve legilsative assembly. + Article 213 — When state legislature is not in session the governor can issue an ordinance to make law. Validity —> Same as president's ordinance. + Judicial Power © Article 161- 1) Pardoning power—Goverrnor can grant pardon to any crime relating to state list & concurrent list except death sentence & court martial 2) Governor appoints district judges, + Financial Power of Governor * Every year Budget is moved in legislature assembly in the name of governor. + All money bills are moved in legislature assembly first time with prior assent of governor. + Discritionery Powers + 1. Governor exercise these power without advice of CM. * Article 200 - Governor can with hold certain bills for reconsideration for president. * Article 356-Submition of report of failure of constitutional machinery in state. Chief minister & council of ministers * Article 163-There shall be Council of Ministers, with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under functions or any of them in his discretion, © Article 163 -Provision of office of CM & GOM Function-To aid & advice C.M. in exercising his functions advice of CM & COM is bining on. governor, + Article 164-Governor appoints majority party leader as C.M. on the advice of C.M. the governor appoints council of Ministers. The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State + Qualification-Every ifa person is not a member of legislative assembly, he can be appointed as C.M. or minister, if he wants to continue as C.M. or minister he has to aquire membership of state legislature with in 6 months. * Term of office - 5 year but in practise they enjoy their tenure until majority remains in CA. ‘+ Oath-Oath of CM and COM is administered by governor. + Removal from office-C.M. can be removed by non-condidense motion in L.A. + Qlst C.A. 2003 - Strength of C.0.M. including C.M. can't exceed 15% of total strength of the house. + Delhi C.A. - Strength of COM can't exces 10% of CA, + Aritele 168 - There shall be a state legislature of each state which shalll consist of - 1, Governor + L.A. [unicameral] 2. Governor + L.A. + Legislative council [Bicameral] + Article 169 -Creation & abolition of legislative council - Special manority of concerned state L.A. - Then simple majority by parliament Presently 6 states here - 1) Bihar 2) Uttar Pradesh, 3) Maharashtra 4) Andhra Pradesh 5) Telangana 6) Kamataka Legislative assembly + Maximum strength of M. — 500 (Article 170) ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK Utter Pradesh - 403 Minimum can be - 60 Exception - Sikkim = 32, Mizoram 40 Election— Directly by people based on universal adult franchise. Term of office - 5 Years Oath-By Governor or a person appointed by governor 0, Goa = Qualification— 25 years, He/she should be Indian Should registered in voting list ‘Tenure- 5 years but in practice they enjoy their tenure untill majority remain in legislative assembly Dissolution— by governor Quoram- 1/10 Presiding officer Speaker/Deputy speaker ‘They are elected by Assembly itself among from its members. Legislative council Maximum strength of M.L.C. is 1/3 or Maximum = 100, of legislative assembly, Minimum = 40 (Article 171) Election- Indirectly 1. 1/3 by Legislative Assembly 2. 1/3 Electral college of Local Authorities 3. 1/12 by Electral college of senior teacher 4. 1/12 by Electral college of university graduates Qualification - 30 years Dissolution -Never because it's a permanent house, 1/3 of it's members are retired in every 2 years new are elected Quoram - 1/10 Chairman & Dy Chairman- They are elected by council itself among from it's member. Supreme Court [Part-5, Article 124-147] ‘Supreme Court High Court Subordinate Courts In india, integrated judiciary is adopted. In independent India supreme court was inaugrated on 28 January, 1950 at this time it consisted 7 + 1 Judge. 7 Other Judges + 1 Chief Justice of India Presently - 33 + 1 Judges Appoinement of judges Article 124 (2}- Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court as the President may deem necessary for the purpose Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: National Judicial Appointments Commission (NJAC) The National Judicial Appointments Commission Bill, 2014 was introduced in the Lok Sabha on August 11, 2014 by the Minister of Law and Justice, Mr. Ravi Shankar Prasad. The Bill has been introduced in conjunction with the Constitutional (121st Amendment) Bill, 2014, which establishes the National Judicial Appointments Commission (NJAC) The Bill provides for the procedure to be followed by the NJAC for recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court (SC), and Chief Justice and other Judges of High Courts (HC). On 16 October 2015, the Constitution Bench of Supreme Court by a 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions, ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK filed by several persons and bodies with Supreme Court Advocates on Record Association (SCAORA) being the first and lead petitioner. + Appointment — Appointed by president on the recommendation of ‘Collegium System’ 4 CUI +4 Other Senior judge What is a Collegium System and How Did It Evolve? About: + Itis the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution. Evolution of the System: First Judges Case (1981): + Itdeclared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.” + The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years. Second Judges Case (1993): * SC introduced the Collegium system, holding that “consultation” really meant “concurrence”, + It added that it was not the CJl’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges: in the SC, Third Judges Case (1998): + SC on the President's reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues. Who Heads the Collegium System? + The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior most judges of the court. + AHigh Court collegium is led by the incumbent Chief Justice and two other senior most judges. of that court. © Judges of the higher judiciary are appointed only through the coliegium system and the government has a role only after names have been decided by the collegium. Qualification— Citizen of India + Must have been judge of H.C. for S years or must OR have been a advocate of H.C. for 10 years. oR Must be a distinguished jurist in the opinion of president. + Oath —Oath of the judge of supreme court is administered by president. If president is absent then oath of Judges of S.C. is administered by senior most judge of S.C. available. + Term of Office—They hold office upto 65 years of age. [After retirement they can't do legal practice] + Resignation-They may resign by writing to president Removal from office — + The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament. The procedure for removal of judges. is elaborated in the Judges Inquiry Act, 1968. The Act sets out the following steps for removal from office: * Under the Act, an impeachment motion may originate in either house of parliament. To initiate proceedings: (i) at least 100 members of Lok Sabha may give a signed notice to the speaker, or (i) at least 50 members of Rajya Sabha may give a signed notice to the chairman. The speaker or chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion, or refuse to admit it + If the motion is admitted, the speaker or chairman (who receives it) will constitute a three-member committee to investigate the complaint. It will comprise: (i) a Supreme Court judge: (ii) chief justice of a high court; and (ii) a distinguished jurist. The committee will frame charges based on which the investigation will be conducted. A copy of the charges will be forwarded to the judge who can. present a written defence. + After concluding its investigation, the committee will submit its report to the speaker or chairman, who will then lay the report before the relevant house of parliament. If the report records a finding of misbehaviour or incapacity, the motion for removal will be taken up for ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « Udaipur consideration and debated.Mother's + GK ‘The motion for removal is required to be adopted by each house of parliament by: (i) a majority of the total membership of that house; and (ii) a majority of at least two-thirds of the members. of that house present and voting, If the motion is adopted by this majority, the motion will be sent to the other house for adoption. Once the motion is adopted in both houses, it is sent to the president, who will issue an order for the removal of the judge. [They can be removed by the order of President but order of president must be passed from each house of parliament with ‘special majority.] Special majority — 1) Majority of total strength of that house. 2) Majority of 2/3 member president & voting, Tarai a ae ater ere eat fared se We eT eer van Article 125- Salaries and allowances Article 126- Acting CJI when CJI is absent from office, they president may appoint senior most judge of supreme court as acting president. Article 127-Article 127 of the Constitution provides that if at any time there should not a quorum of Judges of the Supreme Court available to hold or continue any session of the Court the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned. Article 128—As per Article 128 of Indian Constitution, any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the ptior permission of the President of India. Article 129 - Court of record ‘The Supreme Court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Court of Record is defined as "a court whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony, and which has power to fine and imprison for contempt of its authority”, Article 130—The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. Seat of Supreme Court. Jurisdiction of S.C. y Article-131 Original juridiction ;- Such matters that can only solved by S.C. court. eg. Dispute b/s two states. Appellate Jurisdiction : Article-132 Appeal in constitutional matters Article-133 Appeal in ci Article-134 Appeal in criminal matters Article-136 Special leave petition Concurrent jurisdiction : It is shared by both supreme court and High court one can reach to S.C. under article 32 and H.C. under article 226. Advisory jurisdiction (Article 143) Article 143/€onfers power on the President to consult the Supreme Court and seek its opinion, on! question of law or fact, which is of such nature and of such importance that it is expedient to obtain Supreme Court's opinion. il matters. ‘Motto of Supreme Court vere entbertat a: 11 ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK High Court [Part-6, Article 214-232] Oldest-Caleutta [1862] Presently - Total 25 H. Latest -Andhra Pradesh (1 January, 2020) Appointment-By president on recommandation of ‘Collegium system (Article 217) Article 214-7th C.A, 1956 provides that parliament may by law constitute same High court for two or more states OR for two or more states & U.T. Article 215 - Court of records. Same as Supreme Court Qualification- Citizen of India Must have been judge for 10 years. OR Must have been advocate of H.C. for 10 years. Article 220- Tenure -The hold office upto 62 years of age [after retirement they can't do legal practices} Resignation- A Judge may resign his office, by submitting his resignation letter to the President, Removal from office - Judes of H.C. can be removed on same ground & in manner as judge of S.C. Article 222-Transfer of H.c. president. Article- 223—'When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office the duties of the office shall be performed by such one of the other judges of the court, as the President, may appoint for the purpose. Article 224— is made by (1) the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specific (2) the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties Article 226-Writ jurisdiction of H.C. is wider than S.C. because H.C. can issue writs on FR & other matters but S.C. can issue wirts on only FR. Name of ‘Surisdictions in High cor aaa Principle Seat | Circuit Bench © Kolkata West Bengal & Andman Kolkata Poartblair High court | Nicobar Island * Bombay Maharashtra, Goa, Dadar Naga | Mumbai Shambhaji Nagar, Nagpur High court | Haveli & Daman Diu Panji © Gauhati ‘Assam, Arunachal Pradesh, Guwahati Aigwal, Itanagar, Kohima High court | Nagaland, Mizoram © Madras ‘Tamilnadu, Puducherry Chennai Madurai High court © Kerala Kerala & Lakshadweep Kochin x High court © Punjab & | Punjab, Haryana, Chandigarh Chandigarh x Haryana High court ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurConstitutional Bodies 1) (5) National Commission for OBC- » 2) (6) Goods and service tax council [GST] Mother's * GK Comptroller & Auditor general [CAG] [Part-5, Article 148-151] Appointment - President Oath - President Resignation-President Qualification - Generally senior IAS officers are appointed as CAG ‘Term of office - 6 Years or 65 years whichever is done earlier. Removal from office - He can be removed on same ground & manner as Judges of S.C. are removed, He is called friend & Philospher of PAC. He is called guardian of Public money. Election commission [Part-5, Article 324- 329]- Election commission was inaugurated on 25 January, 1950 Composition-One chief election commissioner & two other election commissioner. Appointment — By president on recommendation of committee consisting of ‘The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee. The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition/leader of the largest opposition party in Lok Sabha. Oath-By president Resignation-President ‘Term of office - 6 years or 65 years whichever is done earlier. Removal from office- 1) Chief election commissioner can be removed on same ground & manner as judges of S.C. are removed. 2) Two other election commissioner can be removed by president on recommendation of chief election commissioner. Function- 1) To declare dates of elections. 2) To grant recognition to political parties as national level & state level 3) To allocate election symbols to political parties. 4) To hold election. National commission for Schedule Caste- (3) 4) National commission of Schedule Tribe © Itwasestablished by Article 89| .A, 2003 under article 338 © Composition—1 (belong to SC committee) 1 Vice chairman, 3 members © President decides their sal: allowance, Terms t condition, o Chairmhn of, © It was established by 89 P.C.A. 2003 under article 338A © —Composition-1 Chairman (belongs to ST committee) © 1 Vice chairman, 3 member © President decides their salary, allowance, Term and conditins of services. It was established on 1993. It was given by constitutional status by 102 C.A|2018 in article 339 (B) Composition: Term of office 3 year :—1 Chairman, [Belongs to OBC cqtegory] 1 Vice-chairman and 3 members. President decides their salary, allowance, terms) & condition of service. It was established by 101 C.A, 2016 under articl 2a Composition :— One chairman [Union finance fministzy] Member—Finance ministers from all states and UT (Delhi, Puducherry) ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK 7. Union Public Service Commission [Part-14, Article 315-323] Article 315 Composition 1. Union Public Service Commission 2. State Public Service Commission 3. Joint Public Service Commission Article 316 - Appointment's (UPSC) — By president, Composition of UPSC 1. 9-11 members including Chairman Oath- By President Term of office - 6years or 65 years whichever is. completer earlier. Resignation- To President Removal from office- By president after investigation of supreme court 8. Finance Commission [Part- 13, Article-280] * President constitute a finance commission in every 5 year to suggest on distribution of taxes between Union and States + Composition- 1 Chaiman 4 Members + Presently 15th Finance recomendation are implimented for 2020-2025 © Chairman of 15th Finance Commission- N.K. Singh (9) Attorney general [Article 76] (10) Advocate General [Article 165] © Qualification — Should be qualified to be appointed as Judge of S.C. ‘¢ Appointment- By President © Term of office — Generally 3years He holds office during pleasure of president, it means president determines his, salary, allowance. ‘* Term of condition of service —He is first and highest law officer of country. © Article -88 Attorney general can take participation in the sittings of parliament & parliamentary committee but he can not vote © Qualification-Should be qualified to be appointed as judges of H.C. Appointment - By Governor Generally 3 years. ¢ He holds office during pleasure of governor, it means president determines hi salary, allowance. Terms i conditions of service— Heis first and highest law officer of state. © Article-177 - Attorney general can take participation in the sittings of state legislaturebut he can not vote Non-Constitutinal Bodies PLANNING COMMISSION Established in March 1950 by an executive resolution of the Government of India, (i.e., union cabinet) on the recommendation of the Advisory Planning Board constituted in 1946, under the chairmanship of KC Neogi. Now, it has been replaced by another body named NITI Aayog from 1st January 2015. ‘The PM of India is the ex-officio chairman of the commission. He presides over the meetings of the ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhotwara + Ambabari « Alwar * UdaipurMother's + GK ‘The NITI Aayog comprises the following: Ex-officio chairman is Prime Minister of India. 1. A Governing Council composed of Chief Ministers of all the States and Union territories with Legislatures and lieutenant governors of Union Territories (except Delhi and Puducherry) 2. Regional Councils composed of Chief Ministers of States and Lt. Governors of Union Territories in the region to address specific issues and contingencies impacting more than one state or a region. 3. Full-time organizational framework composed of a Vice-Chairperson, four full- time members, two part-time members (from leading universities, research organizations and other relevant institutions in an ex-officio capacity), four ex-officio members of the Union Council of Ministers, a Chief Executive Officer (with the rank of Secretary to the Government of India) who looks after administration, and a secretariat. 4. Experts and specialists in various fields With the Prime Minister as the Chairperson, presently NITI Aayog consists of: 5. Vice Chairperson: Suman Bery. 6. Ex-Officio Members: Amit Shah, Rajnath Singh, Nirmala Sitaraman and Narendra Singh Tomar [18] 7. Special Invitees: Nitin Gadkari, Piyush Goyal, Virendra Kumar, Ashwini Vaishnaw and Rao Inderjit Singh. [18] 8. Full-time Members: V. K. Saraswat (former DRDO Chief), Ramesh Chand (Agriculture Expert)[19] and V. K. Paul (Public Health expert), [20] Arvind Virmani (Economist). 9. Chief Executive Officer (CEO): B. V. R. Subrahmanyam|21] NATIONAL DEVELOPMENT COUNCIL ‘The National Development Council (NDC) was established in August 1952 by an executive resolution of the Government of India on the recommendation of the first five-year plan (draft outline). Like the Planning Commission, it is neither a constitutional body nor a statutory body. + The NDCis composed of the following members. P.M of India (as its chairman/head). All-Union cabinet ministers (since 1967). Chief Ministers of all the states. Chief Ministers/administrators of all the union territories. E, Members of the Planning Commission, National Human Rights Commission [NHRC] + Establishment- By an Act of Parliament (Protection of Human Rights Act 1993). Itis a Statutory Body. + Ccomposition— Multimember Body , (Chairperson + Five Members.) + Qualification» + Chairperson - Retired CJI or Judge of the Members- 1. Serving or retired judge of SC: 2. Serving or retired CJ of a HC and 3. 3 others (at least one woman) having knowledge or practical experience of human rights. + Ex. - Officio Chairpersons of the NCBCs and the NC for Protection of Child Rights as well as the Chief Commissioner for PwDs as the ex- officio members of the National Human Rights Commission. + Appointment > + ByPRESIDENT + NHRC Selection Committee (6 Members}: PM + Speaker (LS) + Deputy Chairman (RS) + Leader of opposition (LS & RS both) + Union HM. + Tenure + Syears or age of 70 years. * Eligible for re-appointment but not eligible for farther appointment in GOI or State. ‘+ Resignation —> To PRESIDENT. Central Information Commission Establishment-> * Under an act of Parliament (Right to Information Act 2005) + Statutory Body pomp ‘Study Center: Jaipur + Gopalpura: + Lakothi + Jhotwara * Ambabari « Alwar « Udaipur 2s]Mother's + GK Composition—> © Multimember body © Chief Information Commissioners & Other ICs (Not more than 10). * CIC. At Present Chief + 6 Others ICs. Appointment» © By PRESIDENT/GOVERNOR. * CIC Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Minister nominated by PM. ‘Tenure © Termas prescribed by the Central Government or age of 65 years. * — Not eligible for reappointment (Information commissioners are eligible for respective Chief IC but total term not more than 5 years) Qualification * Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and ‘governance + Not be a Member of Parliament or Member of the Legislature of any State or Union Territory. + Not hold any other office of profit or connected with any political party or pursuing any profession. + Salary decided by the Central Government and cannot be varied to his disadvantage during service. Resignation» To president Removal Procedure © CIC/CVC - Removed by PRE’ procedure is similar to NHRC DENT and Central Vigilance Commissioner Establishment-> + By an act of Parliament (Central Vigilance Commission Act, 2003.) + Statutory Body. Composition > + Multimember body * Central Vigilance Commissioners & Other Vigilance Commissioner (Not more than 2). Appointment + ByPRESIDE + Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Home Minister. Tenure ‘Term - 4 Years or age of 65 years. Not eligible for further appointment under State or Central Government. Qualification or salary-> Salary ~ allowances of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC. Resignation-» To president Removal Procedure—> CIC/CVC ~ Removed by PRESIDENT and procedure is similar to NHRC Central Bureau of Investigation On recommendation of Santhanam Committee on corruption. CBI as setup through resolution. It derives its powers from DPSE Act, 1946. It is not a statutory body. It comes under Ministry of Personnel and now it enjoys the status of an attached office. Composition: Headed by DIRECTOR, Provide with security of 2 years Tenure in office by CVC Act, 2003. Additionally, it has anumber of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel. Appointment of Director: By Central Government on recommendation of a 3-member committee consisting of the PM as Chairperson, the Leader of Opposition (LS) and the CJl or Judge of the SC nominated by him. CBI investigates crime of corruption, economic offences and serious and organized crime other than terrorism while NIA investigate terror related crime such as incidents of terrorist attacks, funding of terrorism and it also Provide stance to CVC & Lokpal in investigation. It acts as the “National Central Bureau” of Interpol in India. ‘Study Center: Jaipur * Gopalpura: + Lalkothi + Jhofwara + Ambabori * Alwar « UdaipurMother's + GK Panchayati Raj ‘Three tier Structure of PRI Zilla Parisad - District Level LT Panchayat Samiti-Block Level v Gram Panchayat-Village level © 2October 1957 - Jawahar Lal Nehru inaugrated three tier Panchayati Raj from Nagaur [Rajasthan] on recommendation of Balwant Rai Mehta i ¢ in implemented panchayati raj, but this initiative could not succeed & Govt. Set different committess for improvement of Panchayati Raj institution. * 1960- V.T, Krishanamachari committee © 1963- K, Santhanam Committee * 1966-Takhtmal Jain Committee © 1985-G.V.K. Rao Committee (It was established © 1986-Laxmimal under planning commission) singhair Committee (recommended to grant constitution states to PR) © 1987- P.K, Thungan committee * In 1992 P.V. Narsimha Rao Govt. passed 73rd © Inconstitution - C.A. 1992 Part -9, Schedule -11, Article -243 (A) to 24310 Features- Article 243 (A) -Gram sabha was recognized as constitutional body under this article. Article 243 (B) Three tier PRI was established Article 243 (B) Those states having population less than 20 lakh shall be exempted from creating middle tier PRI Article 243 (D) 1/3 Reservation to woman and reservation to ST/SC in proportion of their population. Article 243 (B) —> Election must be held in every 5 years, if not then organise in next 6 month Dissolve gram panchayat will get remaining tenure. Article 243 (F) Qualification to contest election is 21 years Article 243 G > Powers & authorities of PR. Article 243 H -) Power to impose tax. Article 243 I Provision of state finance commission to review financial status of Panchayati Raj Article 243 K — Provision of state election commission to hold election of PR. Article 243 —+ Not implemented in Nagaland, Meghalaya, Mizoram, hilly area of Manipur hilly area of Darjeeling Gorkha hill. ‘Study Center: Jaipur + Gopalpura: Lakothi + Jhotwara « Ambabari + Alwar « Udaipur