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Indian Polity

The document outlines the history and process of the Indian Constitution's formation, highlighting key dates, figures, and events from the Constituent Assembly. It details the Preamble's significance, fundamental rights, and various articles related to citizenship and governance. Additionally, it discusses the structure of the Constitution, including schedules and provisions for the administration of states and rights of citizens.

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0% found this document useful (0 votes)
25 views48 pages

Indian Polity

The document outlines the history and process of the Indian Constitution's formation, highlighting key dates, figures, and events from the Constituent Assembly. It details the Preamble's significance, fundamental rights, and various articles related to citizenship and governance. Additionally, it discusses the structure of the Constitution, including schedules and provisions for the administration of states and rights of citizens.

Uploaded by

tsetanstanzin66
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 48

POLITY

General Awareness

Constituent Assembly and 24 January 1950 Dr. Rajendra Prasad was


Constitution Making Process elected the first President
of India
™ Idea of forming a Constituent Assembly (1934)
26 November 1949 Preamble adopted
- M.N. Roy
26 January 1950 Constitution of India
™ Framing of the Constitution - 1942 (Cripps
came into force
Mission)
™ Cabinet Mission Plan, 1946- Formed the Indian Preamble:
Constituent Assembly with the election of one
representative for every ten lakh people. ™ Basic features and objectives of the Constitution
- Preamble
™ Total member - 389 ( 296 - british India, 93 -
princely states ) ™ “Identity card of Indian constitution” - N. A.
Palkhivala
™ At the first meeting ( 207 Member, 9 - women
on on 9 December 1946 ™ adopted on 26th November 1949
™ Advisor to the Constituent Assembly - Benegal ™ Kanhaiyalal Maniklal Munshi described -
Narsing Rau (B. N. Rau) ‘Political horoscope of the Indian Constitution’.
™ ‘Objectives Resolution’ - Jawahar Lal nehru on ™ Provisions Taken from USA & language taken
13 December 1946. from Australia
™ Separate assembly made for pakistan under ™ Berubari case (1960) - The Preamble is not a
Mountbatten plan on 3 June 1947 ( total part of the Constitution
member - 299) ™ Keshwa Nand Bharti Case - The Preamble is a
™ Time Required - 2 years 11 months 18 days (11 part of the Constitution
sessions) ™ Amended only once in 1976, (42th
™ Constitution of India was signed by 284 Constitutional Amendment) to add the words
member( 15 women ) on 24 January 1950 “Socialist”, “Secular” and Integrity of India.

Important personalities Philosophy and Nature of


Related with Constituent constitution According
Assembly preamble
Role/Position Person ™ The Preamble starts with the words, “We,
Temporary Chairman Dr. Sachchidanand the people of India,” which signifies that the
Sinha Constitution is made by the people and for the
people of India.
Permanent Chairman Dr. Rajendra Prasad
™ The Preamble declares India as a Sovereign,
Advisor Benegal Narsing Rau Socialist, Secular, Democratic, and Republic
Main Calligrapher Prem Behari Narayan
Polity
country.
Raizada
Sovereign India is an independent nation
Decorator of the Nandalal Bose and has the power to govern
original Hindi version itself without any external
Chief Draftsman L. N. Mukherjee interference
Socialist Aims to achieve social and
Important Date
economic equality Prevent the
22 July 1947 National flag adopted concentration of wealth and
24 January 1950 National anthem adopted resources in the hands of a few.

155
General Awareness

Secular No official religion, and the state 6th Schedule Provisions as to the
treats all religions equally Administration of Tribal
Democratic India is a government of the Areas in the States of Assam,
people, by the people, and for Meghalaya, Tripura and
the people People have the right Mizoram.
to participate in the decision- 7th Schedule Gives allocation of powers
making process and functions between Union
Republic Head of the state is elected, and and States. The Union list
there is no hereditary monarch. has 100 subjects (for central
promotes justice, liberty, Government), the State list has
equality, and fraternity 61 subjects (Power of State
Govt), and the concurrent list
Justice Social, economic, and political
has 52 Subjects (both Union
justice
& states legislature can make
Liberty Freedom of thought, expression, law).
belief, faith, and worship.
8th Schedule The list of recognized 22
Equality Absence of discrimination on languages.
the grounds of religion, race,
9th Schedule Provisions as to the
caste, sex, or place of birth
validation of certain Acts and
Indian Constitution Schedule Regulations (1st Amendment
in 1951). It abolished the
Schedule Description Zamindari system.
1st Schedule The list of states and union 10th Schedule Provisions as to
territories and their territories. disqualification on ground of
2nd Schedule Salaries and Emoluments defection. (52nd Amendment
(President, Governors, Lok in 1985)
Sabha Speaker and Deputy 11th Schedule The powers, authority and
Speaker, CJ and Judges of High responsibilities of Panchayats
Court/ Supreme Court, Speaker, (73rd Amendment in 1992). It
deputy speaker Chairman of contains 29 subjects.
State Legislatures)- 12th Schedule The powers, authority
3rd Schedule The Forms of Oaths or and responsibilities of
Affirmations. (CJ & Judges, Municipalities (74th
MP & member of State Amendment in 1992). It
Legislature, Ministers, CAG, contains 18 subjects.
Candidate for election to the
States and Union Territories
Polity

legislature of a state and for


election to the parliament.) (Articles 1-3)
4th Schedule Provisions as to the allocation ™ India and Pakistan were created by the Indian
of seats in the Council of Independence Act 1947.
States. ™ Gave 3 options to the princely states - Join
5th Schedule Provisions as to the dominion of India, Dominion of Pakistan or
Administration and Control remain independent.
of Scheduled Areas and ™ 552 princely states in India, out of which 549
Scheduled Tribes. joined India & Hyderabad, Junagadh and

156
General Awareness

Kashmir refused to join India. ™ Parliament - regulate the right of citizenship (


™ It was the effort of vallabhai patel and the Home Ministry )
secretary Menon that princely states joined the Single Citizenship
dominion. ™ The federal government
™ Junagadh- joined pakistan ™ Citizenship Act of 1955
™ Kashmir- Muslim majority ruled by Hindu ruler ™ Citizenship can be acquired by
™ The states territory of the Indian Union was ‰ Birth
classified into four parts: ‰ Descent
‰ Part (a) - those states which were under
‰ Registration
Governor’s rule in British India.
‰ Naturalization
‰ Part (b) - imperial rule with a state legislature.
‰ Inclusion of territory.
‰ Part (C) - ruled by the Chief Commissioner
of British India. Dual citizenship
™ USA and Switzerland - Double citizenship.
‰ Part (d) - the Andaman and Nicobar Islands
alone were kept. ™ Citizenship by birth
™ Article 1(1) - India i.e. Bharat shall be a Union ‰ On or after 26 January 1950- 1 July 1987: If

of States. he is born in India is an Indian citizen even


if his parents are of nationality other than
™ According to Dr. Bhimrao Ambedkar, ‘Union
Indian.
of states’ -
‰ On or after 1 July 1987-02 December 2004:
‰ The Indian federation is not the result of
He is a citizen of India only if either parent
an agreement between the states, as in the
was a citizen of India at the time of the birth)
American federation
‰ Second, this union can never be separated, Citizenship by descent
that is, even if a state wants to separate from ™ Person born outside India shall be a citizen of
the union, it cannot be separated India by descent if both the parents or either of
them is an Indian citizen
™ Article 2 - the power of admission or
establishment of new states (100th Amendment Citizenship by registration
for exchange of conclaves with bangladesh) ™ A resident of India for 7 years before applying
™ Article 3 - Parliament has been given the power for registration.
to create new states and to change the area, Citizenship by naturalization
boundary and name of the existing states. ( ™ Resident of India for 12 years (e.g Adnan sami)
simple majority)
By incorporation of territory
‰ 1954, France handed over Puducherry to ™ E.g Daman and Diu
India (14th CAA)
‰ Goa, Daman and Diu were acquired through
Termination of Indian Citizenship
Polity
police action in 1961 ™ Renunciation - if a person renounces his Indian
citizenship through a declaration
™ Termination- if a citizen knowingly or
Citizenship (Articles 5 – 11)
voluntarily adopts the citizenship of any foreign
™ Status of a person recognized ( fraternity clause country.
of Preamble and the Article 51a) ™ Deprivation: The government of India can
™ Provision of single citizenship - from British deprive a person of his citizenship in some
™ Enjoy both civil and political rights cases.

157
General Awareness

Article Description The Constitution of India provides for


six Fundamental Rights:
Article 5 It talks about who will be
considered as citizens of India at 1.Right to equality (Articles 14–18)
the time when the Constitution 2.Right to freedom (Articles 19–22)
came into effect. 3.Right against exploitation (Articles 23–24)
Article 6 Rights of citizenship of certain 4.Right to freedom of religion (Articles 25–28)
persons who have migrated to 5.Cultural and educational rights (Articles 29–30)
India from Pakistan.
6.Right to constitutional remedies (Article 32)
Article 7 It deals with individuals who
™ Right to property (Article 31) And 19 [1(f)].
migrated to Pakistan after March
However, it was deleted by the 44th Amendment
1, 1947, but later returned to
Act, 1978.
India.
™ Made a legal right under Article 300-A in Part
Article 8 Rights of citizenship of certain
XII of the Constitution.
persons of Indian origin residing
outside India. ™ Article 12- Defines Government & Legislature
of each state.
Article 11 gives the power to the Parliament
™ Article 13- declares that all laws that are
to make any laws to regulate
inconsistent with or in derogation of any of the
citizenship,
fundamental rights shall be void.
Fundamental Rights Right to Equality
(Articles 12-35) (Articles 14–18)
™ Included in Part-III
Article 14 -
™ Magna Carta of Indian Constitution
™ Sourced from the US Constitution ™ No person shall be denied treatment of equality
before the law
™ Total six Fundamental Rights (Originally - 7)
™ ‘Equality before Law’ is an - element of the
™ Justiciable in nature
concept of ‘Rule of Law’ - by A.V. Dicey.
™ Protects from state’s exploitation
™ Allows the person to move directly to the Supreme Exceptions
Court and high court for the reinforcement of his ™ The President of India or Governor of states is
fundamental right if violated. not answerable to any court
Fundamental Rights are different from ™ No civil or criminal proceedings can occur
other rights available to us: during their term of office.
™ No member of Parliament and State Legislature
™ Fundamental Rights are protected and
shall be liable to any court proceedings in
guaranteed by the constitution
Polity

respect of anything said or any vote given by


™ It can only be changed by amending the him in Parliament or any committee.
Constitution itself
™ The foreign sovereigns (rulers), ambassadors
™ could be suspended by the President of India and diplomats enjoy immunity from criminal
(Article 358 and Article 359) during National and civil proceedings.
Emergency. (Except Article 20 and 21)
™ Article 19 are suspended only if National Article 15-
Emergency is declared on the basis of war or ™ No citizen shall be discriminated on religion,
external aggression race, caste, sex or place of birth.

158
General Awareness

Exception: Article 19(1)(b) Assemble Peaceful and


™ Certain provisions can be made for the without Arms.
women, children, citizens from any socially Article 19(1)(c) To form an association or
or educationally backward class for their co-operative society.
upliftment
Article 19(1)(d) To move freely throughout
™ [Art 15-(4,5)]- Talks about reservations in the territory of India.
educational institutions.
Article 19(1)(e) To reside and settle in any
™ [Art 15-(6)] - Talks about EWS reservation. part of the territory of India.
Article 16- Article 19(1)(g) To practice any profession, or
™ Equality of opportunity in employment to carry on any occupation,
trade or business.
™ [EWS (103rd amendment in 2019) and OBC
have reservation in public services] ™ Article 19(1)(f) Deleted by 44th amendment
™ Article 300-A - “No person shall be deprived of
Economically Weaker Sections (EWSs)
his property save by authority of law”.
™ On 14 th January 2019 CAA, 2019
Important Judicial Cases regarding
™ 10 percent reservation for economically
Fundamental Rights
backward upper castes in government jobs.
™ Sankari Prasad vs Indian Union and Sajjan
Article 17- Singh vs Rajasthan case (1951)
™ Abolishes ‘untouchability’ ™ Golak Nath v. State of Punjab (1967),
™ The Protection of Civil Rights Act, 1955 and ™ Kesavananda Bharati vs Kerala State, (1973)
the Scheduled Castes and Scheduled Tribes ™ Minerva Mills case (1980)
(Prevention of Atrocities) Act, 1989
Article 20-
Article 18-
™ Protection in respect of conviction for offenses
™ Abolishes Titles
™ No retrospective application of law except in
™ Prohibits the state from conferring any title on civil cases.
any citizen or a foreigner (except a military ™ No person can be prosecuted or punished for
or academic distinction) & accepting any title the same offense more than once.
from any foreign state.
™ A person cannot compel any person to be a
™ Bharat Ratan and Padma Vibhushan cannot be witness against himself.
used by the recipient as a title
Right to freedom Article 21-
(Articles 19–22) ™ Protection of Life and Personal Liberty.
Polity

™ 44th amendment 1978- Art 21 not be suspended


Article 19
even in emergency.
™ Guarantees to all citizens the Six rights of ™ It is known as Backbone of the Constitution
freedom including:
™ Right to Life includes- Right to Privacy, Right
Article 19 Provision to Marriage, Right to Food, Right to Health,
Article 19(1)(a) Freedom of speech and Right to water, Right to enjoyment of pollution-
expression free water and air, Right to Sleep, Right to
travel abroad etc.

159
General Awareness

Article 21 (A)- ™ Freedom of Conscience, Profession, Practice


State shall provide free and compulsory education and Propagation.
to all children of the age of six to fourteen years. Article 26
™ Included under 86th Constitutional Amendment ™ Freedom to Manage Religious Affairs.
Act, 2002.
™ Establishment of institutions for religious
Article 22- purposes.
™ protection to persons who are arrested or ™ Managing one’s religious affairs.
detained ™ Acquisition and management of ownership of
™ 2 types Detention : Punitive and Preventive movable and immovable property.
™ Punitive Detention - Punish a person for ™ Article 25 guarantees rights to individuals
an offense committed by him after trial and while Articles 26 guarantees right to religious
conviction in a court. denominations of their sections.
™ presented before a magistrate within 24 hours
of arrest. Article 27
™ Confessions made in police custody cannot be ™ No person shall be compelled to pay tax for the
used as evidence against the accused. promotion of any particular religion
™ “D.K. Basu guidelines” - the police and other ™ Prohibits the state from spending the money
agencies have to follow for the arrest, detention collected through taxes for the promotion of
and interrogation of any person. any religion.
™ Preventive Detention - a person would be ™ This concept reflects the principle of secularism
arrested after he or she has reportedly committed of the state.
some offense
Article 28
™ Extended only for three months
™ attendance at religious instruction or religious
Right Against Exploitation worship in certain educational institutions
(Articles 23–24) ™ Article 28(1) - no religious instruction shall be
imparted in any educational institution wholly
Article 23 maintained out of State funds.
™ Right Against Exploitation
Cultural and educational
™ Prohibition of Human Trafficking and Forced
Labour, Child Labour.
rights (Articles 29–30)

Article 24 Article 29
™ It forbids employment of children below the ™ Protection of interests of minorities.
age of 14 years in dangerous jobs
Polity

Article 30-
™ protect the health and strength of children of
India ™ Right of minorities (linguistic as well
as religious) to establish and administer
Right to freedom of religion educational institutions.
(Articles 25–28)
Article 31-
Article 25 ™ Article 31 was repealed by the Constitution
(44th Amendment) Act, 1978.

160
General Awareness

™ no person shall be deprived of his property Ambedkar


except by authority of law. ™ approach the High Court if Fundamental rights
Right to constitutional get violated ( Art.226)
remedies (Article 32) ™ The IR Coelho v. State of Tamil Nadu (2007) -
Article 32 was considered as the basic structure
of the Constitution.
Article 32-
™ 5 writs - Habeas corpus, Mandamus, Prohibition,
™ ‘Heart And Soul Of The Constitution’. - Dr B.R Quo-warranto, Certiorari

Habeas ™ ‘Presenting the body’


corpus: ™ the court issues an order to present the person in custody before the court.
™ issued against both individual and public authority.
™ A writ of habeas corpus cannot be issued in the following cases:
‰ If the arrest is lawful;

‰ If the person is in judicial custody;

‰ If the detention falls outside the jurisdiction of the particular High Court;

™ Ordinarily, a writ cannot be issued in the case of a military court.


Case Study:
™ ADM Jabalpur Vs Shivkant Shukla Case:(June 25, 1975,)

Mandamus: ™ ‘We order’


™ When a person, corporation, public authority, state authority and a lower court is
not discharging its duties and if it is violating the fundamental right of a person,
then the Supreme Court or the High Court can issue a writ of mandamus. .
Case Study:
™ CG Govindan v. State of Gujarat Case:
Prohibition: ™ ‘to prohibit’ or ‘to stop’
™ issued when a lower court exceeds its authority or jurisdiction.
™ issued only against judicial and quasi-judicial authorities.
Case Study:
™ East India Commercial Co. Ltd. Vs. Collector of Customs Case:
Polity

Quo-warranto: ™ “What is your authority?”


™ prevents a person from holding any public office which the person is not legally
qualified to hold
Case Study:
™ Jamalpur Arya Samaj Sabha vs. Dr. D. Ram Case:

161
General Awareness

Certiorari: ™ ‘to be certified’


™ issued by the Supreme Court and High Courts to a lower court, tribunal or quasi-
judicial body.
™ Reason : nullify the decision of the latter.
Case Study:
™ Syed Yakub Vs Radhakrishnan Case:

Article 33- ™ Also called as ‘instrument of instructions’


™ Parliament has the authority to restrict or (Government of India Act, 1935.
abrogate the fundamental rights of: ™ classified into 3 types
™ Armed Forces personnel. ‰ Socialist Principles,

™ persons employed in any bureau or other ‰ Gandhian Principles and,

organization established by the State for ‰ Liberal-Intellectual Principles.


purposes of intelligence or counterintelligence;
Socialist Gandhian Liberal-
Article 34- Intellectual
™ Restriction on rights conferred by this Part Article 38 Article 40 Article 44
while martial law is in force in any area. Article 39 Article 43 Article 45
™ Parliament may validate any sentence passed, Article 41 Article 43 Article 48 and 48
punishment inflicted, forfeiture ordered or other (B) (A)
act done under martial law
Article 42 Article 47 Article 49
™ Martial law - civil administration is run by the
military authorities according to their own rules Article 47 Article 48 Article 50 and 51

Article 35- Article 37-


™ gives Parliament the exclusive power to make ™ It clarifies the nature of DPSP
laws relating to Articles 16 (3), 32 (3), 33 and ™ DPSP are non-justiciable
34.
™ Duty of the state to implement these principles
™ The Fundamental Rights guaranteed by Articles by making laws.
14,20,21, 21A, 22, 23, 24, 25, 26, 27 and 28
are available to all persons whether citizens or Important Articles Related
foreigners. With DPSPs
Directive Principles of State Article Description
Policy(DPSP)
Polity

38 ™ The state will create a social


™ adopted from Ireland system for the promotion of
™ justify the concept of welfare state. Public welfare.
™ included in Part IV under Article 36-51. ™ Article 38(2) the state
™ “The Directive Principles of Policy are the shall endeavor to reduce
manifesto of the aims and aspirations of the inequalities of income.
Constituent Assembly.” - K. C. Wheare.
™ Dr B.R Ambedkar - ‘New features’ of the
constitution

162
General Awareness

Article Description Article Description


39 ™ Sufficient means of livelihood 48A ™ Protection and improvement
should be available to all of the environment and
citizens, men and women protection of forests and
equally. wildlife. (Wildlife Protection
™ The material resources of the Act 1972)
community should be owned 49 ™ protection of monuments,
and controlled in such a way as places and objects of national
to best serve the common good. importance.
™ Equal pay for equal work for 50 ™ The Indian Constitution
both men and women. mentions the separation of the
40 ™ Directs the State to organize judiciary from the executive.
village panchayats and endow 51 ™ f
them with such powers and
authority as may be necessary Those articles included in the DPSPs
to enable them to function which have been included through
as units of self-government. constitutional amendment.
(73th Constitutional Act)
Article Description Amendment
43 ™ Mandates the State to
39-A Provision for equal 42 CAA
endeavor to secure a living
justice and free legal
wage, a decent standard of
aid
life, and full enjoyment of
leisure and social and cultural 43-A Participation of 42 CAA
opportunities for all workers. workers in the
management of
44 ™ Uniform Civil Code
industries
throughout the territory of
India. 48-A Protection and 42 CAA
improvement of
45 ™ To provide early Childhood
environment and
care and education to all
safeguarding of
children till they complete
forests and wildlife
the age of six years. (Right to
Education Act 2009) 43-B Expression of 97 CAA
cooperative societies
46 ™ provides for the education
and economic interests of the 45 Provision for early 86 CAA
Scheduled Castes, Scheduled childhood care and
Tribes and other weaker education to children
Polity
sections. below the age of six
years
47 ™ the duty of the State to raise
the level of nutrition and
the standard of living and to
improve public health.
48 ™ To organize agriculture
and animal husbandry on a
modern and scientific basis.

163
General Awareness

Difference between Fundamental Swaran singh committee


Rights and Directive Principles
Topic Description
Fundamental Rights DPSPs
Establishment The Committee was formed
1. Mentioned in Part 3 Mentioned in Part 4
in 1976.
2. Inspired by the US Inspired by the
Chairman chaired by Sardar Swaran
Constitution. Constitution of
Singh, a former Minister of
Ireland.
External Affairs.
3. Their tendency is Their tendency is
Members composed of 8 members.
negative. positive.
S.S. Ray, VN Gadgil, BN
4. They are justiciable. They are non- Banerjee, Dinesh Goswami,
justiciable. DP Singh, CM Stephen, HR
5. Legally valid. Moral and political Gokhale, Rajni Patel, VA
recognition. Sayed Muhammed, A.R.
6. No legislation Need to make Antulay and Vasant Sathe.
required for legislation for Fundamental The Committee recommended
implementation. implementation. Duties the inclusion of a section
7. Promotion of For social and dedicated to Fundamental Duties
personal welfare. economic welfare. in the Indian Constitution.
8. Automatically Received by
This later resulted in the
received by citizens only after
addition of Part IV-A in
citizens. implementation by
the Indian Constitution
Govt.
(Article 51A), which lists the
Fundamental Duties Fundamental Duties of every
citizen of India.
™ Inspired from - Russia Constitutional The Committee’s
™ Not a part of the original Constitution of India Amendment recommendations led to
at the time of its commencement the enactment of the 42nd
™ Introduced later by the 42nd Amendment in Amendment Act in 1976,
1976, (indira gandhi) which is considered one of
™ 10 in number, one more duty was added through the most comprehensive
the 86th Constitutional Amendment Act, 2002 amendments, often referred to
(PM Atal Bihari vajpai) as a ‘mini-constitution’.
™ listed in Article 51-A Part-IV-A). Under this article, it is the duty of
™ Made in the recommendation of the Swaran every citizen of India:
Polity

Singh Committee
™ They are not legally binding upon the citizens Fundamental Description
™ Fundamental Duties are not enforceable by the Duty
courts 51 (A) (a) To abide by the Constitution
™ J. S. Verma committee is also associated with and respect its ideals and
Fundamental Duties. institutions, the National Flag
and the National Anthem

164
General Awareness

51 (A) (b) To cherish and follow the ™ Union Executive - The President of India, the
noble ideals that inspired the Vice President, the Prime Minister, the Council
national struggle for freedom of Ministers, Attorney General of India
™ “Executive” - the branch of government
51 (A) (c) To uphold and protect the
responsible for putting laws into action and
sovereignty, unity and
managing the day-to-day affairs
integrity of India
51 (A) (d) To defend the country and President
render national service when ™ First citizen of the country
called upon to do so
™ Head of the Republic of India
51 (A) (e) To promote harmony and the
™ Not hereditary post
spirit of common brotherhood
amongst all the people of ™ Article 52 - shall be a President of India.
India transcending religious, ™ Article 53 - head of the Union Executive
linguistic and regional or ™ Supreme commander of the defense forces in
sectional diversities and to India
renounce practices derogatory ™ Article 54 - election of the president
to the dignity of women (Proportional Representation) by the Election
51 (A) (f) To value and preserve the Commission of India.
rich heritage of the country’s ™ ELECTORAL COLLEGE -
composite culture (a) The ELECTED MPs
51 (A) (g) To protect and improve (b) The ELECTED MLAs of the states
the natural environment
(c) The ELECTED MLAs of National Capital
including forests, lakes,
Territory of Delhi (added by 70th Amendment
rivers and wildlife and to
Act, 1992 and with effect from 1-06-1995) and
have compassion for living
Union Territory of Puducherry.
creatures
™ Nominated members of parliament and
51 (A) (h) To develop scientific temper,
legislative assemblies and members of
humanism and the spirit of
legislative councils- not participate
inquiry and reform
™ Nominated members of either House of
51 (A) (i) To safeguard public property Parliament can participate in the impeachment
and to abjure violence of the President
51 (A) (j) To strive towards excellence
in all spheres of individual Qualifications
and collective activity so that ™ Citizen of India
the nation constantly rises to ™ Completed 35 years of age. (Art. 58 )
Polity
higher levels of endeavor and
™ Eligible for election as an MP of the House of
achievement
the People.
51 (A) (k) To provide opportunities for
™ Not hold any office of profit
education to his child or ward
between the age of six and ™ Nomination of a candidate - “at least 50 electors
fourteen years as proposers and 50 electors as seconders.
™ Article 60 - Oath of the President
UNION EXECUTIVE ™ Administered by the Chief Justice of India or
™ Articles 52 to 78 (Part V) his absence senior-most judge
™ Salary- 5 lac per month

165
General Awareness

™ Article 61- Impeachment of President. Venkatraman used the same veto to block the
Members of Parliament Salary, Allowances
Veto Power
and Pension (Amendment) Bill.
™ Bill becomes law when ascent given by
President or Governor Qualified veto
™ Article 111 - Ascent given by President ™ Available in the USA, not india
™ Article 200 - Ascent given by Governor ™ President can send back the bill
™ If the same bill is passed with 2/3rd (extraordinary
President/Governor has 3 options -
majority) he has to give his assent.
™ Can give his assent to the bill;
Power of the President to grant
™ Can reserve his assent to the Bill;
pardons
™ Can return the bill for reconsideration (if not
money bill) ™ Article 72 - Power of the President to grant
pardons
™ Three type of vetoes
™ Reasons - To correct judicial errors in the
‰ Suspension Veto
application of law.
‰ Pocket Veto
Term Description
‰ Absolute Veto
Pardon This involves removal of both
Suspension Veto punishment and incarceration,
™ President can send the bill back to the Parliament fully freeing the offender.
(if it is not a Money bill or constitutional Commutation This involves changing the form
amendment bill) of punishment. For example,
™ ‘Veto’ Power is limited changing a death penalty to
rigorous imprisonment.
Pocket Veto
Remission This involves reducing the
™ No mention in the constitution about the time duration of the punishment
limit within which the President must send the without changing its nature.
bill back for Reconsideration. Respite This allows reducing the
™ Neither gives assent to the bill, nor rejects it, original punishment under
nor returns it. certain special circumstances,
™ Keep the bill pending with him without any such as physical disabilities.
time limit. Reprieve This involves a temporary
™ E.g Indian Post office (Amendment) bill, 1968. suspension of punishment.
(President Gyani Zail Singh )
Pardon
Absolute Veto
™ Removal of both punishment and incarceration,
Polity

™ President Withhold his assent to a bill fully freeing the offender


™ The bill ends and does not become an act. ™ E.g Afzal Guru Case (2013)
™ This veto is exercised in case of - ™ Parliament attack. He was awarded the death
‰ A private member (an MP who is not part of penalty.
government) bill
Commutation
‰ If the Cabinet resigns before the assent by
the President ™ Changing the form of punishment
‰ In 1991, the then President of India, Dr. R. ™ E.g - Rajiv Gandhi Assassination Conspirators

166
General Awareness

Case Article 58 ™ Qualifications for candidacy


Remission to the office of President
‰ The candidate should be a
™ Reducing the duration of the punishment
without changing its nature citizen of India;
‰ 35 years
Respite
‰ Qualified to become
™ Reducing the original punishment under a member of the Lok
certain special circumstances, such as physical Sabha, and should not
disabilities hold an office of profit.
Reprieve Article 60 ™ Oath or affirmation by the
President
™ A temporary suspension of punishment
™ administered by the Chief
Article Details Justice of India or in his
Article 52 There shall be a President of absence by a senior most
India as the head of state. judge of the Supreme Court.
Article 53 Executive power of the Union Article 61 ™ Procedure for impeachment
shall be Vested in the President,
Important facts about the
who can exercise directly or
through subordinate officers. President of India
Article 54 ™ Election of President ™ only President to have been elected twice - Dr.
™ Elected by the electoral Rajendra Prasad
college ( elected members ™ Only one President elected unopposed so far -
of both houses of Parliament Neelam Sanjiva Reddy
+ elected members of the ™ Two Presidents – Dr. Zakir Hussain and
Legislative Assemblies.) Fakhruddin Ali Ahmed have died during their
Article 55 ™ Method of election ( tenure.
proportional representation )
using the single transferable Vice President
vote system. ™ Second highest post
Article 56 ™ Term of office(5 years) , ™ Modeled on the Vice President of the United
unless removed through States.
impeachment.
‰ Article 63 - here will be a Vice President of
™ Also explains the India
circumstances under which
‰ Article 64 - Ex-officio Chairman of the
the President’s office can be
Polity
Rajya Sabha
vacated.
‰ Article 65 - Vice President performs the
Article 57 ™ Eligibility For Re-election. functions of the President in case of the
™ There’s no limit to the President’s death, resignation or removal
number of times a person ‰ Article 66 - election of the Vice President
can be elected to the office of
™ Electoral college - members of both Houses of
the President.
Parliament.
™ Qualifications -
‰ to a citizen of India;

167
General Awareness

has completed 35 years of age;


‰
Dr Zakir Hussain 1962-67
‰ Must be qualified to be elected a member of
VV Giri 1967-69
the Rajya Sabha
Gopal Swaroop Pathak 1969-74
™ Salary - ₹4 lakh per month (for Chairperson of
the Rajya Sabha.) BD Jatti 1974-79
™ Pension - 50% of the salary. M Hidayatullah 1979-84
™ Security deposit - ₹15,000 ( Both President & R Venkataraman 1984-87
Vice president ) Shankar Dayal Sharma 1987-92
Election General SC/ST K R Narayan 1992-97
Candidate Candidate Dr. K Krishnakant 1997-2002
Parliamentary Rs 25,000 Rs 12,500 Bhairon Singh Shekhawat 2002-07
Constituency Mohammad Hamid 2007-17
(Lok Sabha/Rajya Ansari
Sabha)
Venkaiah Naidu 2017-22
State Legislative Rs 10,000 Rs 5,000
Jagdeep Dhankhar from 2022 till now
Presidential Rs 15,000 -
Election Council of Ministers
Vice-Presidential Rs 15,000 - ™ Prime Minister and the Council of Ministers
Election run the Parliamentary system
™ Unable to obtain 1/6th of the total valid votes ™ Article 74(1) - Council of Ministers with the
polled then the security deposit is forfeited. Prime Minister at its head to aid and advise the
™ Article 67 - term of 5 years President
™ Resignation - President. ™ Article 75(1) - Prime Minister is appointed by
™ Article 67 (b) - Vice President may be removed the President and other ministers are appointed
from his office by a resolution of the Rajya by the President on the advice of the Prime
Sabha Minister
™ Majority requires - ™ Article 75(1)(a) - Council of Ministers shall not
exceed 15% of total members (91st CAA 2003.
‰ Rajya Sabha: 50% +1 (of total member)
™ Article 75(2) - Ministers hold their office during
‰ Lok Sabha: Simple majority (present and
the pleasure of the President.
voting)
™ Article 75(3) - Council of Ministers is
‰ at least 14 days’ notice before proposing that
collectively responsible to the Lok Sabha.
resolution.
™ Article 75(5) - Cease to be a Minister ( if not a
™ Election must be held 60 days after the expiry
member of either House of Parliament for any
of the term of office
Polity

continuous period of six months)


™ Oath : President
™ Oath to the Prime Minister - by President
™ First Vice President of India - Dr. S.
™ Prime Minister submits his resignation -
Radhakrishnan (twice)
President
™ Mohammad Hamid Ansari - twice also
Attorney General of India
Vice President of India Tenure
™ Article 76 - Attorney General of India.
Dr. Sarvepalli 1952-62
Radhakrishnan ™ Appointed by - the President of India.
™ Indian government’s chief legal advisor -

168
General Awareness

Attorney General ™ Qualification:


‰ He/She should be Citizen of India;
™ First law officer of India - Attorney General
‰ 5 years’ experience of working as a High
Article Description
Court Judge; Or
Article 76(1) Qualified to be appointed a ‰ 10 years’ experience as an advocate in a High
Judge of the Supreme Court Court; Or, in the opinion of the President, has
Article 76(2) Advise the Government of a qualified knowledge of judicial matters.
India on legal matters directed ™ Right of Audience in all courts of India.
by the President.
™ Right of Audience - authority to argue cases
Article 76(3) The Attorney General has and present legal opinions on behalf of the
jurisdiction in All Courts government.
within the territory of India.
™ All Courts of India - not only the Supreme Court
Article 76(4) The Attorney General holds of India but also various high courts, tribunals,
office at the pleasure of the and other legal forums.
President.
™ Attorney General does not have the right to vote
Position Appointment Removal Authority
Prime Minister President Through a vote of No confidence in
the Lok Sabha or resignation.
Chief Minister Governor of the State Resignation, loss of majority support
in the State Assembly, or dismissal
by the Governor.
Governor President Typically appointed for a fixed term;
can be removed by the President at
their discretion.
Comptroller and Auditor General President Can be removed only through the
(CAG) impeachment process, similar to
judges of the Supreme Court.
Attorney General of India President can resign or be replaced by the
President on the advice of the Prime
Minister.
Advocate General of a State Governor of the State Can be removed by the Governor
Chairman of the Union Public President Can be removed by the President
Service Commission (UPSC) on the grounds of misbehavior or
incapacity after an inquiry by the
Polity
Supreme Court.
Chairman of the Election President Can be removed by the President
Commission of India (recommendation of the Chief
Election Commissioner or on the
grounds of misbehavior or incapacity
after an inquiry by the Supreme
Court.)

169
General Awareness

Finance Commission President No formal removal process, but the


government can choose to accept or

reject its recommendations.

Parliament 93 The Speaker and Deputy Speaker of


™ 3 parts of the government – Legislature, the House of the People
Executive and Judiciary. 94 Vacation and Resignation of,
™ National legislature of India - Parliament and Removal From the offices of
™ ‘Parliament’ - President, the Lok Sabha(Article Speaker and Deputy Speaker
81) and the Rajya Sabha (Article 80)
Council of States
™ Parliamentary system based on - the British
model ™ Upper House - Rajya Sabha
™ First Elected Parliament with two houses - ™ Article 80 - composition of the Rajya Sabha
April 1952, ™ Maximum members - 250 (238 members are
™ Articles 79 to 122 (Part V) - formation, indirectly elected by the state legislatures.)
structure, procedure, privileges, powers, etc., of ™ Article 80(3) - President of India nominates
the Parliament 12 members (field of Arts, Literature, Science,
™ ‘Upper House’ - Rajya Sabha Social Service and Cooperatives)
™ ‘Lower House’ - Lok Sabha ™ First constituted in 1952
™ Rajya Sabha - representatives of the States and ™ Permanent house (One-third members Retire
Union Territories after every two years)
™ Lok Sabha - directly elected by the people of ™ Minimum age limit - 30 years
India. ™ Term - 6 years
™ Rajya Sabha is presided - by the Vice President ™ Fourth Schedule - allocation of seats for the
™ Lok Sabha is presided - by the Speaker of the Rajya Sabha
Lok Sabha. ™ Maximum number of Rajya Sabha seats (31) -
UP
Article Description LokSabha (House of the People)
79 Composition and powers of the
™ Article 81 - composition of the Lok Sabha
Parliament of India, which consists
of the President and two Houses, ™ The Council of Ministers is collectively
the Rajya Sabha (Council of States) responsible to the Lok Sabha.
and the Lok Sabha (House of the Maximum strength - 550 (530 - elected from
People). the constituencies of the states and 20 - elected
Polity

80 Composition of the Rajya Sabha. from the union territories.)


™ Representation of the Anglo-Indian - 104th
81 Composition of the Lok Sabha.
Constitution (Amendment) Act, 2019.
89 The Chairman and Deputy chairman
™ Seats are allotted - on the basis of population.
of the Council of States.
(1971 census)
90 Vacation and Resignation of, and
™ Division of each state - ( based on the 2001
Removal From the office of Deputy
census)
chairman
™ 84th Constitution Amendment Act 2001 -

170
General Awareness

decision will remain in place until the first ™ Time after Question Hour in Lok Sabha is
census data is published after the year 2026. called Zero Hour
™ Eligibility - at least 25 years old. ™ Duration - maximum one hour
™ Largest number of Lok Sabha members - UP ™ Members give prior notice to the Speaker/
(80 ) > Maharashtra (48) >West Bengal (42) Chairman to raise any Urgent matter
™ 84 seats - reserved for the Scheduled Castes, ™ Usually between 12 noon to 1 pm.
™ 47 seats - for the Scheduled Tribes ™ In the year 2014, the duration of Question Hour
™ First election to the Lok Sabha - October 1951 in Rajya Sabha was changed from 12:00 to
to February 1952. 1:00.
™ First speaker of the Lok Sabha - Ganesh Short Notice Question
Vasudev Mavalankar
™ Raised by a member on a matter of public
™ First woman Speaker of the Lok Sabha - Meira importance.
Kumar (2009–14).
™ Speaker/Chairman the question is of urgent
™ Present speaker - Om Birla importance
Parliamentary proceedings ™ Mandatory to give a verbal reply by the
™ Article 85 (1) - maximum gap between two concerned minister within 10 days.
consecutive sessions is 6 months (at least twice HALF-AN HOUR DISCUSSION
in a year)
™ Speaker can allot three days in a week for such
™ Article 85 - Powers of the President over houses discussion
of Parliament.
™ Discussing a matter of sufficient public
™ Duration of a session - first meeting of the importance, which has been subjected to a lot
House till its Prorogation. of debate and the answer to which needs further
™ ‘Recess’ - period between the Prorogation explanation.
of the House and the commencement of the
second session LAME DUCK SESSION
™ Budget session: February-May ™ Held when a New Parliament has been elected
™ Monsoon session: July-September but the old parliament meets for the last time
before it is dissolved.
™ Winter session: November- December
™ Lame ducks - the members of the parliament
™ ‘Prorogation’ - The session is ended by the
who have not got re-elected.
President
QUORUM
Question Hour
™ Minimum number of members of a body to
™ Members of the parliament can question the
hold its meetings and conduct its business.
government about its policies and actions.
Polity
™ One-tenth of the total members including the
™ Starred questions require an oral answer and
Presiding Officer.
allow for follow-up questions. - 10 Days to 21
Days notice ™ Lok Sabha - minimum 55 members
™ Unstarred questions require a written answer ™ Rajya sabha - minimum 25 members
and no follow-up questions are allowed. - 15 leader in parliament
Days notice.
leader of the house
Zero Hour
™ Leader of Lok sabha is Prime minister ( In the
™ Innovation of the Indian Parliament absence , member nominated by PM)

171
General Awareness

™ Leader of Rajya Sabha is a minister nominated of the Houses


by the Prime Minister, who is a member of the ™ Bill after assent of the President , becomes an
Rajya Sabha. act
leader of the opposition Financial Bill
™ A member of a single party which has at least ™ Rulebook that the government uses to handle
10% membership in any House of Parliament its money.
is elected the Leader of the Opposition, he is ™ All money bills come under Financial Bill (but
selected by the opposition. not all finance bills are money bills)
™ Function - to constructively criticize the policies ™ Finance Bills present is Article 110, called the
of the government. Money Bill.
™ Given statutory status in the year 1977
Money Bills
™ Takes facilities equivalent to that of a Cabinet ™ Article 109 - special procedure in respect of
Minister. Money Bills.
Whip ™ Article 109 (1) - Money Bill can be introduced
™ Assistant leader in the House. ( appoints every only in the Lok Sabha
party) ™ Money Bill passed from LokSabha to Rajya
™ Function - ensure the presence of its party Sabha - deemed to pass by rajya sabha ( after
members and to get their support for and against 14 days)
any issue. ™ Article 110 - definition of a Money Bill. ( i.e
imposition, abolition, remission, alteration or
LEGISLATIVE PROCEDURE
regulation of any tax)
™ Primary function - law making
™ Article 110(3) - decision of the Speaker of the
™ Art 107 to 122 - legislative procedure with
Lok Sabha is final.
reference to the passing of the bills
™ No provision for a joint sitting of both Houses
™ Bills 4 types -
on Money Bill.
‰ Ordinary Bills,
Constitutional Amendment Bill
‰ Money Bill,
™ Article 368 (part 20)- amendment process (basic
‰ Financial and structure of the Constitution remains unaltered)
‰ Constitutional Amendment Bills. ™ Amendment process is neither as rigid as in the
Ordinary Bills USA nor as flexible as in the UK.
™ New laws, changes to existing laws, or ™ Process of amendment can be initiated in either
government policies House of the Parliament.
™ Usually about everyday issues ™ Indian Constitution can be amended mainly in
™ First - introduction of a Bill three ways:
Polity

™ Second - reading of the Bill ‰ by Simple majority

™ Third - This is the final reading ‰ by Special majority

™ After being passed by both Houses of Parliament ‰ With Special majority and approval of the
either singly or at a joint sitting, presented to the states
president for his assent.
Types Of Majority:
™ Now president has 3 alternatives :
‰ He/She may approve the bill Simple majority
‰ He/She may reject the bill
™ E.g - Changing the names and boundaries
of states, creation of new states, creation of
‰ He/She may return the bill for reconsideration

172
General Awareness

Legislative Council in the state, increasing ™ Article 75 (3) - Council of Ministers is


or decreasing the salaries of the President, collectively accountable to the Lok Sabha
Governors, Supreme Court and High Court ™ This motion states - house has lost its confidence
judges, ™ A minimum of 50 members need to support it.
Special majority ™ 1st time - in August 1963 by Acharya Kriplani
™ Article 368 (2) - Parliament can amend most of (right after the Sino-India War of 1962)
the articles of the Constitution - by two-thirds Censure Motion
majority of the members present and voting. ™ Can be moved against the Council of ministers
™ E.g - Amendment of fundamental rights or the or an individual minister
Directive Principles of State Policy ™ Brought to condemn some policies or work
Special majority and Approval of the Confidence Motion
states ™ Government introduces this motion
™ Article 368 (2) - Special majority + half of the (demonstrate the confidence of Lok Sabha)
state legislatures ™ If losses this motion - obligated to resign
™ E.g - ™ E.g Vishwanath Pratap Singh (1990), Shri H
‰ Election of the President and its process D Deva Gowda (1997) and Shri Atal Behari
‰ Subjects included in the Seventh List Vajpayee (1999) lost it already
‰ Amend the Constitution Motion of Thanks
‰ Representation of States in Parliament ™ Article 87(1) - President addresses the first
‰ Extension of executive power of the Union
session of every general election and the first
and the States session of the financial year.
‰ Provisions regarding Supreme Court and
™ President tells policies and plans of the
government
High Courts
™ Must be passed by both of the Houses
IMPORTANT MOTION
Closure Motion
™ Approval of the presiding officer is mandatory ™ Moved by a member to cut short the debate on
for discussion a matter
™ Lok Sabha - Speaker/Deputy Speaker Type of Motion Description
™ Rajya Sabha - Chairman or Deputy Chairman Adjournment This motion is moved
™ The House has the right to accept or reject the Motion to draw the attention of
“Motion” the House to a definite
Adjournment Motion matter of urgent public
™ To draw the attention of the House - on urgent importance.
public importance No-Confidence This motion is moved
Polity
™ Support of 50 members is required Motion against the entire council
™ Can be presented in both Lok Sabha and Rajya of ministers.
Sabha Confidence The government
™ Discussion duration - not less than two and a Motion introduces this motion
half hours. to demonstrate the
confidence of Lok Sabha
™ It interrupts the normal business of the House
or the lower house.
™ The speaker decides on its admissibility
No-Confidence Motion

173
General Awareness

‰ If he has left his party due to a split in the


Motion of Thanks After the President’s
political party ( e.g Shivsena , Maharashtra)
address, a ‘Motion of
Thanks’ is moved by a ‰ Voluntarily withdraws his party after being
member and seconded by elected as the Presiding Officer (Lok Sabha
another member. Speaker or Deputy Speaker and Assembly
Speaker or Deputy Speaker).
Censure Motion This motion can be moved
against the council of Disqualification Authority
ministers or an individual ™ Decided by the Speaker of the House
minister or a group of ™ Decision of the Speaker was final and it could
ministers for their policy not be questioned in the court
failures.
Closure Motion It is a Motion moved by Case Study- Kihoto Holohan case (1992)
a member to cut short the ‰ Power of Speaker to decide the
debate on a matter before disqualification of MPs
the House.
‰ i.e violation of “doctrine of basic structure”.

Disqualification ‰ It Comes under the purview of “judicial

Article 102 (89 Disqualification Related with review” as per Supreme court
States = 191)
Privileges & Powers
Conditions
™ If he holds any office of profit Article 105 (89 Related with States = 194)
™ If He/she is of Unsound mind ‰ Freedom of speech in Parliament to the MPs
+ Non members also
™ Article 102 (2) - disqualified under the Tenth
Schedule Case Study: “Cash-for-Votes” Scandal (2008):
‰ PM Manmohan Singh, faced a vote of
Tenth Schedule -
confidence due to opposition parties’
‰ “Anti-Defection Law.”
allegations of corruption.
‰ Added 52nd Amendment Act , 1985 (PM -
Rajiv Gandhi) Application of Article 105:
‰ disqualification of MPs & MLA ‰ During this scandal
History ‰ Freedom of Speech: MPs had the freedom
‰ “Aaya Ram Gaya Ram”- from Haryana in to participate in debates and express their
1967 opinions
Provisions related to disqualification ‰ Immunity from Legal Proceedings : MPs
‰ If he has voluntarily given up the membership were immune from legal proceedings related
‰ If he votes against the instructions of his
to their speeches and votes
Polity

political party
‰ If not pardoned by party within 15 day,
disqualifications applies to him/her
Joint Session (Article 108)
™ Called by the President
‰ If he has accepted membership of any
™ Solution of deadlock over a Bill
political party after the election.
™ Presided over by the Speaker (Article 108 (4). )
‰ If elected member assumes to any other
political party within 6 months ™ No provision for a joint session for Money Bill
and Constitution Amendment Bill.
Exceptions :
™ 1/10 of the total number of both the houses

174
General Awareness

requires to conduct 112 Describes the Annual Financial


™ Rules of procedure of the Lok Sabha applicable Statement (Budget).
Provision for joint meeting can be made in three
circumstances State Legislature
™ Bill is rejected by the other house ™ Governance in the states of India is exactly the
™ House disagrees in accepting the amendment same as in the center.
made in the Bill ™ Legislature of the state = Governor + Legislative
™ More than 6 months elapsed without the bill Assembly + Legislative Council
being passed by the other House. ™ Total 6 Legislative Council are there
‰ Till now joint sitting called thrice ™ Articles 153 to 167 - State Executive under Part
‰ Dowry Prohibition Bill, 1960 VI
‰ Bank Service Commission Bill, 1977 ™ Articles 168 to 212 - components of state
‰ Regarding Prevention of Terrorism MLA,
legislature
2002 ™ Article 152 - expression ‘State’ does not include
Jammu and Kashmir’.
Money Bills (Article 110) ™ Article 153 - governor for each state (7th
™ Article 109 - procedure of Money Bills. Constitutional Amendment Act 1956)
™ Article 109 (1) - Money Bill can be introduced ™ 1 person can be governor of two or more states.
only in the Lok Sabha ™ Article 156(1) - Term of Governor ( pleasure of
™ Rajya Sabha cannot make amendments to a the President)
Money Bill
™ Money Bill passed by the Lok Sabha is also GOVERNOR
deemed passed by the Rajya Sabha within 14 ™ Article 153 - there is a governor for each state
days ™ Article 154 - executive power of Governor
™ Article 110 - definition of a Money Bill ™ First woman governor of India - Sarojini Naidu
™ Imposition, abolition, remission, alteration or (UP)
regulation of any tax- then called it as a Money ™ Article 155 - Governor of the State is appointed
Bill by the President of India.
™ Article 110(3) - decision of the Speaker of the
Lok Sabha is final Article 156(2) - Governor can resign by writing
under his hand addressed to the President
Article Summary
™ Article 156(3) - Governor shall hold office for a
102 The disqualification of members of term of 5 years
Parliament.
™ Article 157 - qualifications of Governor
105 Powers, Privileges, etc. of the Houses
‰ He/she must be a citizen of India;
Polity
of Parliament and of the members
and committees thereof. ‰ Must have completed 35 years of age

108 It provides for a joint sitting of both ™ Article 158 - Conditions of the Governor’s
Houses of Parliament in certain office
cases. Salary and allowances of governor - from
109 Describes the special procedure in consolidated fund of the state
respect of Money Bills. ™ Article 159 - Governor take oath before the
Chief Justice of the High Court
110 Provides a definition of a Money
Bill. ™ Article 213 - Governor can issue an ordinance

175
General Awareness

Legislative Assembly ™ Article 173 - Qualification for membership of


™ Articles 168-212 - State Legislature the State Legislature
™ Article 168 - composition State Legislature ‰ Be a citizen of India;

™ Legislative Assembly has a tenure of 5 years ‰ Minimum- 25 years ( Legislative Assembly)

™ Article 170 - not more than 500 and not less and 30 years of age (Legislative Council)
than 60 members chosen by direct election Important Article Related With State
™ Exception - 32 seats in Sikkim and 40 seats in Legislature
Mizoram and Goa
Article Description
™ Largest assembly - Uttar Pradesh (403)
168 Constitution of Legislatures in
Legislative Council States: This article describes the
™ Article 169 - abolition and creation of composition of the State Legislature
Legislative Councils which includes the Governor and one
™ Majority of not less than two-thirds of the or two Houses as the case may be.
number of members present and voting require 169 Abolition or creation of Legislative
™ Article 171 - composition of the Legislative Councils in States: It grants the
Councils. Parliament of India the power to
™ The Legislative Council draws its membership abolish or create a legislative council
from various groups: in states by law.
™ One-third members - elected by local bodies 170 Composition of the Legislative
like municipality, district board Assemblies: It details the composition
™ One-third members - elected by the members of of Legislative Assemblies, providing
the Legislative Assembly (not members of the that each state will have not less than
Legislative Assembly) sixty and not more than 500 members
™ 1/12 members - elected graduates who have chosen by direct election.
been in the state for three years. 171 Composition of the Legislative
™ 1/12 members - by people who have been Councils: This article provides
teaching for three years, but not less than for the composition of Legislative
secondary school teachers Councils (where they exist), stating
that it shall consist of not less than
™ 1/6 members - nominated by the Governor
40 members.
(literature, knowledge, art, cooperative
movement and social service) 172 Duration of State Legislatures.
™ 6 states with Legislative Council - Bihar, Uttar 173 Qualification for membership of the
Pradesh, Maharashtra, Karnataka, Telangana State Legislature.
and Andhra Pradesh 174 Sessions of the State Legislature,
prorogation and dissolution.
Polity

™ Tenure - 6 years ( one-third retires every second


year) 176 Special Address by the Governor.
™ Article 172 - term of five years ( legislative 178 The Speaker and Deputy Speaker in
assembly) the state legislature.
™ Article 172(2) - Legislative Councils can not be 182 The Chairman and Deputy Chairman
dissolved of the Legislative Council.
™ Total number of Legislative Council can not be 187 Secretariat of State Legislature: This
more than one-third of Legislative Assembly article provides for a Secretariat for
(minimum 40) the State Legislature.

176
General Awareness

“Council of Ministers” in State 1(A) into Article 75.


™ Article 163- Council of Ministers aid and advise ™ Council of Ministers doesn’t exceed 15% of the
the Governor members in the Lok Sabha or State Legislature
™ Article 164- Appointment of ministers ™ Exception - 10%. For Delhi
™ Article 164 (1) - Governor appoints the Chief Background of Supreme
Minister and the other Ministers Court
™ Article 164 (2) - Council of Ministers is
collectively responsible to the Legislative ™ Single and unified judicial system with a three-
Assembly tier structure.
™ Article 164 (3) - Governor administers the oath ™ Established on 26 January 1950 (Government
of every minister of India Act 1935)
™ Article 164 (4) - cease to be a Minister ( 6 ™ First Indian Chief Justice - Harilal Jekisundas
months) Kania
™ Article 165 - ™ First woman judge of SC - Fathima Beevi (
Also of Asia)
‰ Advocate General for the State
™ Longest-serving Chief Justice - Justice Y. V.
‰ Highest law officer in the state
Chandrachud
‰ Holds office during the pleasure of the
Governor Supreme Court
Chief Minister ™ Article 124-147 (Part 5) - deals with supreme
court
™ Head of the state government ™ Highest judicial court and the final court of
™ Article 164 - Governor appoints Chief Minister Appeal
Functions of the Chief Minister Foreign sources related to judiciary:
™ Article 167 - duty of the Chief Minister United States of america:
Article Summary ‰ Independence of the judiciary

163 ™ Council of Ministers with the ‰ Principle of judicial review


Chief Minister at the head to ‰ Removal of judges of the Supreme Court
aid and advise the Governor in and High Court
the exercise of his functions.
Canada:
164 ™ appointment and other ‰ Advisory adjudication of supreme court
conditions of Ministers.
™ Article 124 - establishment and formation of
™ The Ministers are collectively the Supreme Court.
responsible to the Legislative
™ Not more than 7 other Judges (original strength
Polity
Assembly.
at 8 )
165 ™ Advocate General for the State.
™ Total strength of judges - 34 including the Chief
166 ™ Conduct of Business of the Justice
Government of a State.
™ Article 124 (2) - Appointment of judges of the
167 ™ Duties of the Chief Minister Supreme Court
concerning the furnishing of
™ No minimum age
information to the Governor.
™ Parliament can increase the number of judges
™ 91st Amendment 2004 - incorporating Clause

177
General Awareness

National Judicial Appointment the Chief Justice


Commission
Collegium system
™ National Judicial Appointments Commission
™ Adopted the collegium system by Supreme
(NJAC) in 2014 (99th Constitutional
Court (1993)
Amendment Act, 2014)
™ For the appointment and transfer of judges
™ Supreme Court declared NJAC unconstitutional
in 2015. ™ Also known as the three judges cases
™ Article 124 (3) - Qualifications for Judge of the ™ Comprises - Chief Justice of India (CJI) and
Supreme Court four senior-most judges of the SC.
‰ Citizen of India ™ It names to the President for the appointment of
judges to the Supreme Court and High Courts
‰ Served as a Judge of a High Court or two or
more High Courts continuously for at least ™ If the president is sent back for reconsideration
5 years; Or & Collegium reiterates its recommendation, the
President is bound by it.
‰ Advocate of a High Court continuously for
10 years; Or Oath and Tenure of judges
‰ Should be a high level of legal knowledge
™ All judges of SC takes before the President
(as per president)
™ Tenure - not fixed
™ Article 124(4)- Procedure for Removal of a
™ Article 124 (2) - till the age of 65 years
Judge of the Supreme Court
™ Resignation to the President
‰ Ground of ‘Misbehavior’ or ‘Incapacity’.
™ Article 124 (7) - Supreme Court cannot practice
‰ If motion passed More than half of the
law in any court.
members present and voting
Article 125
Judges (Inquiry) Act 1968
™ Salaries of the judges of the Supreme Court
™ Regulates the procedure for removal of judges
of the Supreme and High Courts ™ Determined by Parliament
™ Removal motion passed & then given to the Designation Salary Pension
Speaker/Chairman Chief Justice of ₹ 2,80,000 ₹ 1,40,000
If passed by 100 members (for lok sabha) , 50 India
members ( for rajya sabha) Supreme Court Judge ₹ 2,50,000 ₹ 1,25,000
™ Three-member committee has to be formed to Chief Justice of ₹ 2,50,000 ₹ 1,12,500
investigate it. High Court
™ Committee includes - Chief Justice or a Judge High Court Judge ₹ 2,25,000 ₹ 1,12,500
of the Supreme Court, Chief Justice of a High
Court, and Eminent judge Article 126
Polity

™ If committee found guilty - sent to president ™ Article 126- appointment of an acting Chief
™ President issues an order to remove the judge Justice.
™ First impeachment case- V Ramaswami (1993) ™ Reason for appointment:
™ However, no judge has been removed yet ‰ The post of Chief Justice is vacant;

Appointment of judges ‰ Or the Chief Justice is temporarily absent;

‰ Or the Chief Justice is unable to discharge


™ Appointed by the President.
his duties
™ ‘Consultation’ - consultation of four other
senior-most judges of the Supreme Court with Article 127

178
General Awareness

™ Provision for Ad-hoc judges ™ Article 139 - Parliament may by law confer to
™ When the number of permanent judges less to SC to issue writs in addition article 32
meet the quorum, then CJI appoints a judge of a ™ Article 140 - Ancillary powers of the Supreme
High Court to be a judge of the Supreme Court Court.
for a temporary period. ™ Article 141 - ‘Law declared by the Supreme
Article 129 Court is to be binding on all courts’
™ Article 142 - enforcement of decrees of the
™ The Supreme Court is a Court of record.
Supreme Court.
™ The Supreme Court has the right to punish for
contempt. Advisory jurisdiction (Article 143)
™ President has the right to consult the SC in two
™ 2 types of Contempt – Civil and Criminal
situations
contempt
™ 1st - when a legal question arises (SC’s choice
™ Civil contempt - A person does not follow any
to give or not)
decision or order of the court
™ 2nd - dispute arises on any pre-constitutional
™ Criminal contempt - a person publishes
treaty, agreement or contract. (SC is mandatory
anything that diminishes the authority of the
to give suggestions)
court
™ President is not bound to follow this advice
Article 130
™ Seat of the Supreme Court declared as Delhi
Article Provision
™ Chief Justice has the right to change somewhere
124 Establishment and constitution of
else(president’s permission)
Supreme Court
Jurisdiction of the Supreme Court 125 Salaries, etc., of Judges
Original Jurisdiction ( Article 131) 126 Appointment of Acting Chief Justice
™ SC can hear 127 Appointment of Ad hoc Judges
™ Dispute between the Indian Government and 128 Attendance of retired Judges at
one or more States, sittings of the Supreme Court
™ Any dispute between two or more States 129 Supreme Court to be a court of
record
Appellate jurisdiction (Article 132-136)
™ Article 132 - appeals from the High Court 130 Seat of Supreme Court
™ Article 133 - appeals relating to civil matters 131 Original jurisdiction of the Supreme
from the High Court Court
™ Article 134 - appellate jurisdiction of the 133 Appellate jurisdiction of Supreme
Supreme Court in criminal matters. Court in appeals from High Courts
Polity
™ Article 136 - special permission of the Supreme in Civil cases
Court for appeal. 134 Appellate jurisdiction of Supreme
™ Article 137 - Supreme Court can review its Court in regard to criminal matters
decisions or orders 137 Review of judgments or orders by
™ Protector or guardian of the Indian Constitution the Supreme Court
- SC 140 Ancillary powers of Supreme Court
Article 138-142 141 Law declared by Supreme Court to
™ Jurisdiction of the Supreme Court be binding on all courts

179
General Awareness

143 Power of President to consult Qualification to be a High Court Judge


Supreme Court ™ Article 217 (2) - Qualification for High Court
145 Rules of court, etc. Judge
‰ He/She is a citizen of India;
Judicial review ‰ Advocate of a High Court or two or more
™ The Supreme Court and the High Court have such Courts continuously for at least 10
the power of judicial review. years;
™ Article 13 - Judicial review (taken from USA) ‰ Persons who have held judicial office for at

™ Purpose - maintaining the supremacy of the least 10 years.


Constitution, federal constitution and protection ™ Article 219 - Oath or affirmation by Judges of
of the fundamental rights High Courts.
™ SC had exercised it on - Golaknath case (1967), Article 220-221
nationalization of banks (1969) and Minerva
Mills case (1980) ™ Article 220 - Any permanent Judge of any High
Court shall not practice any Court other than the
™ Articles 13, 32, 137 and 143 - provide the power
Supreme Court and other High Courts.
of judicial review to the Supreme Court.
™ Article 221 - Salary of High Court judges
decided by parliament
™ Article 202 (3) (d) - Salary is debited from
Term Definition Consolidated Fund of the State
Judicial Activism Role of the Judiciary in ™ Article 112 (3) (d) - Pension is debited from
protecting the rights of Consolidated Fund of India
citizens.
Article 222
Judicial Restraint Limit the exercise of
their own power of ™ Article 222 - Transfer of a Judge (including
judges Chief Justice)
Judicial Overreach Judiciary interfering with ™ Proposal should be made by the Chief Justice
the proper functioning of of India(CJI).
the government. ™ Opinion of the CJI “is determinative”.
Article 223
High Court
™ Article 223 - Appointment of Acting Chief
™ Judges of the High Court are appointed - by the
Justices High Court in the absence
President
™ Appointed by the President of India
™ Age limit - till the age of 62 years
™ Article 217 (3) - Age issues can be solved by Article 226
Polity

only president ( on advice with chief justice of ™ Article 226 - Empowers High Courts to issue
SC) writs
™ Article 217 (a) - Resignation of High Court ™ Supreme Court - Can issue writs only to protect
judges to President the fundamental rights
™ The President can remove a high court judge ™ High Court - Issue writs to enforce statutory
by a resolution with special majority in each rights + fundamental rights.
house.
Article Provisions

180
General Awareness

™ Chandrakumar case 1997 - nothing can alter


214 There shall be a High Court for
basic structure even through constitutional
each state in India.
amendment.
215 Every High Court shall be a court
of record and have the power to Appellate Jurisdiction-
punish for contempt of itself. ™ High court is the Primary court of Appeal
216 Every High Court shall consist ™ It has power to hear the appeals against the
of a Chief Justice and such other judgment of the subordinate courts within its
Judges as the President may from territories
time to time deem it necessary to ™ 2 categories- Civil jurisdiction and Criminal
appoint. jurisdiction
217 Appointment and conditions of the ™ Civil cases - jurisdiction includes the orders
office of a Judge of a High Court. and judgments of the district courts, additional
district courts and other subordinate courts.
Retirement age (62 years). ™ Criminal cases - jurisdiction includes judgments
223 Appointment of an Acting Chief relating to sessions courts and additional
Justice. sessions court.
226 High Courts can issue writs for the High Court and its Jurisdiction
enforcement of any of the rights
conferred by ( Part III ) Bombay High Court Maharashtra, Goa,
Dadra and Nagar Haveli
231 Parliament can establish a common
and Daman and Diu
High Court for two or more States
or for a State and a Union territory. Calcutta High Court West Bengal, Andaman
and Nicobar Islands
Jurisdiction and powers of Madras High Court Tamil Nadu,
High Court Puducherry
Kerala High Court Kerala, Lakshadweep
Original Jurisdiction
Gauhati High Court Assam, Arunachal
™ Applicants can directly go to the High Court in Pradesh, Nagaland, and
the following matters – Mizoram
™ Disputes arising out of relating to Members of
™ first woman judge of the Delhi High Court -
Parliament and state legislative assembly.
Leila Seth
™ Relating to Marriage, law, Admiralty Divorce,
Contempt of Court etc Subordinate Court
™ Enforcement of fundamental rights (Supreme ™ Provision has been made for Subordinate Court
Polity
Court also has this power) (Article 233 to 237)
™ Cases transferred from other courts to itself ™ Article 233 - appointment of District Judge
which involves a question of law. ™ Promotion of District Judge - by the Governor
Writ Jurisdiction ™ Qualification for District Judge - an advocate
for at least 7 years
™ Article 226 - writs by High court (FRs + other
purposes) ™ Article 235 - High Court exercises control over
the subordinate courts.
™ Can issue writs like Habeas Corpus, Mandamus,
Prohibition, Quo warranto, and Certiorari ™ Highest judicial authority - District Judge
™ Acts as District Judge (for civil cases) and

181
General Awareness

Sessions Judge (for criminal cases) Effects of National


Emergency:
Emergency Provisions
™ Part 18 - ‘Emergency Provisions’ ( Article 352 Impact on federal system
to 360 ) ™ During National Emergency -India’s
™ Suspension of fundamental rights during governance becomes ‘unitary’
the Emergency - the Weimar Constitution of ™ Legislative and executive power of the state
Germany vested on the Centre
™ 3 Types of Emergency ™ Article 353 - If state doesn’t obey the order,
‰ National Emergency (Article 352) centre can dissolve the Council of Ministers of
‰ President’s Rule (Article 356)
the state
‰ Financial Emergency (Article 360)
™ Central Government can make laws on the
State List
™ Article 354 - President has power to change
distribution of revenue between the Union and
National emergency
the State
™ Article 352 - National Emergency in India ™ Article 83 (2) - tenure of the Lok Sabha extended
declared by President by Parliament (not more than 1 year at a time)
™ Article 352 (3) - President can make such a ™ After the end of the emergency- this extension
proclamation only when he is informed in cannot be more than 6 months
writing by the Union Council of Ministers
Impact on Fundamental Rights:
Grounds of National Emergency:
™ Article 358 - During Emergency, Article 19 is
A) War automatically suspended.
B) External invasion ™ But in Armed Rebellion, not automatically
C) Armed rebellion (44th CAA, 1978, the term suspended, president announces it
‘Internal disturbance’ has been replaced by ™ Article 359 - Articles 20 and 21 can not be
‘Armed Rebellion’ ) suspended
National Emergency has been imposed President’s Rule (Article 356)
thrice so far in India.
™ Article 355 - duty of the Union to protect each
™ During the Chinese invasion in ‘NEFA North State from aggression and internal disturbance
Frontier Agency’, now called Arunachal
™ Article 356 - failure of state constitution , the
Pradesh. (Base-War) (6 years)
Center takes over the government of the state
™ This is the reason why a separate national (President’s Rule)
emergency was not declared during the war
Polity

™ After 2 months of the President’s rule, a


with Pakistan in 1965.
proclamation must be passed by both the
™ War with Pakistan in December 1971. (Base- Houses of Parliament with a simple majority.
War)
™ After proclamation passed, President’s rule
™ On 25 June 1975. The second and third lasts for 6 months
emergency proclamations were ended in March
™ Extension - maximum period of 3 years
1977. (Base- Internal Disturbance)
Effects of president’s rule
™ President dissolves the Council of Ministers

182
General Awareness

headed by the Chief Minister ‰ Appointed for a specific purpose


™ Parliament exercises all the legislative powers ‰ Include Advisory Committees and Inquiry
of the state legislature Committees
Criticism of President’s Rule JOINT PARLIAMENTARY COMMITTEE
™ Article 356 - most controversial article ™ One type of Ad hoc Parliamentary.
™ It has been used more than 100 times since ™ Head - the member chosen by the government,
1950. (appointed by the Speaker)
™ First time used in Punjab in 1951. ™ 1st JPC formed - August 1987 (investigate the
™ “Article 356 that it would be used as a last Bofors scandal)
resort”- B. R. Ambedkar Standing Committees are of the
™ Article 356 was subject to judicial review- (S. following kinds:
R. Bommai v. Federalism of India (1994)
™ Financial Standing Committees (FSC)
™ If proclamation not passed by both house within
™ Department Related Standing Committees
2 months, state assembly can not be dissolved
(DRSC)
Financial emergency (Article 360) ™ Others Standing Committees (OSC)
™ If financial position or credit of India or any Important Committees:
of its territories is in danger - this emergency
applied by President PUBLIC ACCOUNTS COMMITTEE (PAC)
™ Must be approved by Parliament within 2
™ Oldest parliamentary committee in India
months (simple majority)
™ Set up first in 1921 (Government of India Act
™ Center takes control over all the financial
of 1919)
matters of the state
™ Formed every year ( strength not more than 22,
™ ‘Satisfaction’ of the President is not beyond
15 - Lok Sabha and 7 -Rajya Sabha)
judicial review - 44th CAA of 1978
™ 50 percent of the members from the ruling party.
™ Financial emergencies has not been imposed yet
™ Friend, philosopher and guide of the PAC -
Parliamentary Committee CAG
™ Appointed or elected by the house or nominated ™ Term- one year at a time
by the Speaker or the Chairman ™ Also known as - “twin sister of the Estimate
™ Indian Parliament controls the administration Committee”.
through parliamentary committees
™ Eg - Public finance is controlled through three
ESTIMATE COMMITTEE
committees –
™ Constituted in 1950 (recommendation of John
Polity
‰ Public Accounts Committee
Mathai)
‰ Estimates Committee
™ Consists of 30 Members (all from Lok Sabha)
‰ Committee on Public Undertakings.
™ Term- one year at a time.
Parliamentary Committees are of two types:
™ Function -To suggest economies in public
‰ Standing Committees
expenditure.
‰ Ad-hoc Committees
™ Chairman - appointed by the Speaker (from
™ Standing Committees- permanent and regular ruling party)
in nature (fixed tenure)
™ Ad-hoc Committees - COMMITTEE ON PUBLIC UNDERTAKING

183
General Awareness

™ Created in 1964 (recommendation of the ™ Articles 243 to 243 (O) - panchayat


Krishna Menon Committee) ™ Article 243 (c) - composition of the Panchayat
™ 22 members- (15 - Lok Sabha and 7 - Rajya ™ Term - 5 years
Sabha) ™ Article 243 (i) - State Finance Commission to
™ Term- one year at a time. review the financial position of the Panchayat
™ Chairman - appointed by the speaker (from Lok ™ Article 243 (M) - Finance Commission
Sabha) also reviews the financial position of the
™ Functions – to examine the reports and accounts municipalities
of public undertakings.
Major committees related to
BUSINESS ADVISORY COMMITTEE Panchayati Raj
™ In Lok Sabha - 15 members including the ™ Balwant Rai Mehta Committee (1957) -
Speaker who is the ex-officio Chairman formation of Gram Panchayat.
™ In Rajya Sabha - 11 members including the ™ “Architect of the Panchayati Raj system” -
Chairman as its ex-officio chairman. Balwant Rai Mehta Committee
™ Function- To recommend the time allocation for ™ Suggested a three-tier Panchayat system at the
the discussion of Government legislative and rural level
other business. ™ Three -tier Panchayat system - village level,
PRIVILEGE COMMITTEE block level and district level
™ Lakshmi Mal Singhvi Committee in 1986 -
™ 15 members nominated by the Speaker.
recommendation to provide constitutional
™ Function - To examine every question involving status to Panchayati Raj
breach of privilege of the House
™ PK Thungan Committee constituted in 1988 -
Department Related Standing Committees (DRSCs) inclusion of the Panchayati Raj institution in
™ 24 Department the Constitution
™ Each has 31 members from Lok Sabha and 10 ™ Ashok Mehta Committee ( 1977) - not
from Rajya Sabha. considered an ‘explicit recommendation’.
™ Nominated by the Speaker of Lok Sabha or the ™ GVK Rao Committee(1985) - recommended
Chairman of Rajya Sabha conducting Panchayat elections regularly
™ Term - not exceed one year (expires after one
73rd Constitutional Amendment, 1992
year)
(PM - Narsimha rao)
™ Minister can’t be nominated
™ Panchayati Raj System formed
Local Self-government ™ 16 new articles and the 11th Schedule were
™ System of Democratic Decentralization. included in Part 9
Polity

™ Article 40 - Panchayat ™ 29 subjects (Article 243 G) of 11th Schedule


™ Panchayati Raj - State List added
™ Inaugurated by - PM Pandit Jawaharlal Nehru ™ Part-IX was added (Articles 243 to 243-O.)
on 2 October 1959 from Nagaur, Rajasthan. ‰ Gram Panchayat at the village level

™ The Panchayati Raj system got constitutional ‰ Panchayat Samiti at the block level.
status by the 73rd and 74th Constitutional ‰ Zila Parishad at the district level.
Amendments. ™ Article 243 (d)3 -one-third reservation made for
™ 1st state to implement the 73rd Constitutional women (Panchayat)
Amendment -MP ™ Article 243 (n) 3 -one-third reservation made

184
General Awareness

for women (Municipality) ™ Municipal governance first introduced in


™ Minimum age - 21 years Madras in 1688
™ Elections are conducted by - State Election
Article Title/Topic Summary
Commission.
243 Definitions Defines various terms
related to Panchayats, Important Amendment
243A Gram Sabha Establishment of
Gram Sabhas (village 42nd Amendment, 1976 (PM- Indira
assemblies) in rural Gandhi)
areas ™ ‘Mini Constitution’
243B Constitution of Establishment of ™ Added the words “Socialist,” “Secular,” and
Panchayats Panchayats at the “Integrity”
village, intermediate, ™ Part IVA was added having article 51A
and district levels in (Fundamental Duties )
every state.
™ Term of Lok Sabha - 5 years to 6 years (this was
243C Composition Reservation of seats reversed in 44th CAA).
of Panchayats for Scheduled Castes,
™ State list to the Concurrent list - Education,
Scheduled Tribes, and
Forests, Conservation of wildlife and birds,
women in Panchayats.
Weights and Measures and administration of
243D Reservation of Reservation of justice, formation and organization of all courts
seats Chairpersons in except the Supreme Court and High Courts.
Panchayats for SC,ST ™ Gave the DPSP more importance than
and women. Fundamental Rights.
243E Duration of Term of office for ™ Those articles included in the DPSPs have
Panchayats Panchayats, 5 yrs been included through 42th constitutional
243G P o w e r s , Prepare plans for amendment.
authority, and economic development
Article Description Amendment
responsibilities and social justice and
to implement various 39-A Provision for equal 42 CAA
schemes. justice and free
legal aid
74th Amendment, 1992 43-A Participation of 42 CAA
workers in the
™ 12th Schedule added management of
™ 18 subjects mentioned in Municipalities industries
™ It adds Part IX-A and Articles 243-P to 243-ZG. 48-A Protection and 42 CAA
Polity
™ Envisages three types of Municipalities, Nagar improvement of
Panchayat, Municipal Council and Municipal environment and
Corporation. safeguarding of
™ Municipal Corporations - population greater forests and wildlife
than 1 million
44th Amendment, 1978 (PM- Morarji
™ Nagar Panchayat - populations greater than desai)
30,000 and less than 1,00,000.
™ Tenure of the Lok Sabha and State Legislative
™ Municipal Council - population 2,00,000 or
Assemblies - 6 years to 5 years
less

185
General Awareness

™ Word ‘Internal disturbance’ replaced by the Amendment Year Brief Description


word ‘Armed rebellion’
10th 1961 Incorporated Dadra and
™ Articles 20 and 21 cannot be suspended during
Nagar Haveli in the
national emergency.
Indian Union.
™ Removed the Right to Property
21st 1967 Included Sindhi as the
52nd Amendment 15th Language in the
™ Anti-defection law and added the 10th Schedule Eight Languages.
in the Constitution. (PM- Rajiv Gandhi) 36th 1975 Formed the state of
™ Disqualification of (MPs) and (MLAs) if they Sikkim and included it
defect or switch parties after being elected. in the Indian Union.

61th Amendment (PM- Rajiv Gandhi) 42nd 1976 Known as the “Mini
Constitution”,. (PM-
™ Voting age from 21 to 18 by amending article Indira Gandhi)
326.
44th 1978 Repealed controversial
86th Amendment, 2002 (PM- Atal provisions of the 42nd
bihari vajpai) Amendment, restored
™ Right to Education: The act introduced Article civil liberties and
21A legislative powers to
the states, and placed
™ Right to free and compulsory education (6 to
restrictions on the
14 years)
Parliament’s power to
91th Amendment (PM- Atal bihari amend the constitution.
vajpai) (PM- Morarji Desai)
™ Limited the size of the Council of Ministers and 52nd 1985 It added provisions
making the Anti defection laws stronger. regarding Anti-
™ Size of the Council of Ministers - not more than Defection laws and
15% added the 10th Schedule
in the Constitution.
™ Chief Minister in a State shall not be less than
(PM- Rajiv Gandhi)
twelve”.
56th 1987 The Constitution of
Amendment Year Brief Description India gave the status of
1st 1951 Added Ninth Schedule state to Goa.
to protect the land 61st 1989 Lowered the voting age
Reform. from 21 to 18 years.
7th 1956 Implemented the State (PM- Rajiv Gandhi)
Polity

Reorganisation Act, 71st 1992 Included Konkani,


1956, and abolition of Manipuri, and Nepali
classification of states languages in the Eighth
into Part A, B, C, and Schedule, raising
D states and introduced the total number of
14 states and 6 Union scheduled languages to
Territories. 18. (PM- Narsimha Rao)

186
General Awareness

Amendment Year Brief Description Amendment Year Brief Description


73rd 1992 Panchayati Raj, added 103rd 2019 maximum of 10 percent
Part IX and gave reservation to EWS in
constitutional status educational institutions
and protection to and public employment
Panchayats.
Inter-state Council
74th 1992 Municipalities and
added Part IXA, giving ™ Article 263 - Inter-State Council was set
constitutional status to up in 1990 ( recommendation of Sarkaria
Urban Local Bodies Commission)
(ULBs). ™ Constitutional but temporary body
86th 2002 Right to Education until ™ Established by the President
the age of 14 and added ™ If the President feels it will promote public
it as a Fundamental interest, he can establish this Council.
Right. (PM- Atal bihari
Vajpai) Sarkaria Commission
92nd 2003 Included Bodo, Dogri, ™ 3-member Commission on Centre-State
Santali, and Maithili Relations ( Ranjit Singh Sarkaria)
languages in the 8th ™ To examine all the arrangements and working
Schedule, raising methods between the Central and State.
the total number of ™ Total of 247 recommendations for the
scheduled languages improvement of Centre-State relations.
to 22. (PM- Atal bihari
Vajpai) Important Recommendation:
97th 2011 Part IX (B) ( 97th ™ Article 263 - Permanent Inter-State Council
CAA, 2011), provisions (called Intergovernmental Council)
relating to Cooperative ™ Article 356 - used only when all available
Society. options are exhausted.
100th 2015 Altered the 1st schedule ™ All India Services should be further strengthened.
to exchange the enclaves ™ “The appointment of Governor should be non-
of India and Bangladesh, partisan”.
resolving a long- ™ 5 year tenure of the Governor should not be
standing border dispute. interrupted without any valid reasons
101st 2016 Goods and Services
Tax (GST) across the Composition of the Inter-state Council
Polity
country. ™ Head - Prime Minister.
(Trick- 101 ™ Chief Ministers of all states
shubh hai- ™ Chief Ministers of Union Territories having
its related to Legislative Assemblies
money ) ™ Administrators of those Union Territories where
102nd 2018 constitutional status there is no Legislative Assembly
to the National ™ 6 members from the Union Council of Ministers
Commission for are nominated as members.
Backward Classes.

187
General Awareness

Official Language ™ Term / Removal - holds office during the


pleasure of the President.
™ Part 17 - official language ( Articles 343-351 ) ™ Resignation - He/She resigns when the
™ Article 343 (1) - Hindi in Devanagari script government resigns
shall be the Official Language ™ Functions -
™ Article 350 (A) - education in the mother tongue ‰ Advise the Government on legal matters
at the primary stage directed by the President.
™ Article 351 - development of Hindi language. ‰ Represents the government in legal matters,
™ At the beginning - only 14 languages were in provides legal opinions.
the 8th Schedule. ™ Rights-
™ ‘Sindhi’ language added in eighth list (21st ™ To be audience in all courts
CAA 1967) ™ To take part in proceedings of the both the
™ Konkani, Manipuri and Nepali (71st CAA, houses (but without Right to Vote)
1992 ) ™ Enjoys all privileges and immunities available
™ Bodo, Dogri, Maithili and Santhali ( 92nd to a member of Parliament.
CAA, 2003) ™ Present AGI - R. Venkataramani
™ Now total of 22 languages in the Eighth
Schedule Comptroller and Auditor General of
India
LANGUAGE AMENDMENT YEAR
™ Established under Article 148
Sindhi 21st 1967
™ A Single-member body.
Konkani, 71st 1992
™ Guide, friend and philosopher of the Public
Manipuri and
Accounts Committee of the Parliament.
Nepali
™ Office of CAG-
Bodo, Dogri, 92nd 2003
‰ Appointed by - President
Santhali and
Maithili ‰ Term - 65 years of age/6 years

‰ Removal - by President in same manner as


Constitutional Bodies Supreme Court Judge (difficult to remove)
Attorney General of India ‰ Future Employment - Not allowed

™ Article 76 - Attorney General of India. ™ CAG is regarded as “the guardian of public


purse”
™ Appointed by - the President of India.
™ CAG is known as a friend, philosopher , and
™ Indian government’s chief legal advisor -
guide to the Public Accounts Committee (PAC).
Attorney General
™ Administrative Head of the Indian Audit and
™ First law officer of India - Attorney General
Polity

Accounts - CAG
™ Qualification-
™ First Comptroller and Auditor General of India
‰ He/She is a Citizen of India;
-V Narahari Rao
‰ 5 years’ experience of working as a High
™ Present CAG -Girish Chandra Murmu (14th
Court Judge; Or CAG).
‰ 10 years’ experience as an advocate in a High
Court; Or, in the opinion of the President, has Advocate General of State
a qualified knowledge of judicial matters. ™ Article 165
™ He is not debarred from private legal practice ™ Highest law officer of the state

188
General Awareness

™ Appointment - by Governor. Removal


™ Qualification-must be a person who is qualified ™ The President can remove members :
to be appointed as a High Court judge. ‰ If he is declared insolvent, or

™ Term / Removal - holds office during the ‰ Is engaged in other paid post or employment
pleasure of the Governor. outside the duties of his post.
™ Resignation - Conventionally , he resigns when ‰ If the President considers that he is not fit to
the government resigns that appointed him continue in office.
™ Functions - ‰ Also due to their ‘Misconduct’.

‰ Provides legal advice and opinions to the ‰ But the President has to send the matter to
state government the SC for investigation.
‰ Represents the state government in the High ™ Future Employment - not allowed
Court and other courts. ™ Expenses - from Consolidated Fund of India
‰ They argue cases on behalf of the government ™ Ministry -Ministry of Personnel Public
and defend its interests. Grievances and Pensions
™ Rights- ™ Resignation - to the President
™ To be an audience in any court within the state. ™ Conditions of Service - determined by the
™ To take part in proceedings of both the houses President.
of the state legislature (but without the right to
vote). ™ The first Chairman of the UPSC - Sir Rose
™ Enjoys all privileges and immunities available Barker.
to a member of the state legislature. ™ The first Indian Chairman of the UPSC - HK
Union Public Service Commission Kripalani.
™ Present chairman of UPSC - Dr. Manoj Soni
™ Article - 315-323 (part XIV)
™ Article 315 - Public Service Commission for Functions -
the Union and a Public Service Commission for ™ Central recruiting agency in India.
each State. ™ To conduct various examinations for the
™ Article 315 (2)- Parliament may by law appointment to the services of the Union.
constitute a Joint Public Service Commission ™ Direct Recruitment by selection through
for those States. interviews.
™ Article 316- The Chairman and members of ™ Appointing Department officers on promotion,
UPSC are appointed by the President, while deputation and through absorption.
the Chairman and members of the State Public ™ Disciplinary cases relating to different Civil
Service Commission are appointed by the Services.
Governor. ™ UPSC can directly recommend the Government
Polity
Composition- by the President of India.
™ Chairman and other members ( Strength ™ Advisory Role: The UPSC advises the President
determined by the President) on appointments, promotions, and transfers of
™ Appointed by - President civil servants.
™ Term- 65 years/6 years ™ “Watchdog of Merit System” - UPSC
™ Qualification- minimum 10 years of experience ™ Article 320 - Work of UPSC Explained.
under the Government of India or under the ™ Article 323 - The UPSC annually presents its
Government of a state. report to the president.

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General Awareness

Article Title/Provision ™ Part 15 - elections (Articles 324 to 329)


™ Article 324- Election Commission has been
Article 315 Public Service Commissions for
provided.
the Union and States
™ As per Election Commissioner Amendment
Article 316 Appointment and term of office Act in 1989, transformed into a three-member
of members of Public Service commission.
Commissions
™ Composition-
Article 317 Removal and suspension of a The Election Commission consists of three
member of a Public Service members - the Chief Election Commissioner
Commission (CEC) and two Election Commissioners.
Article 320 Functions of Public Service ™ Appointed by - President.
Commissions
™ Removal - Removed on Chief Election
Article 322 The expenditure of the Commissioner’s recommendation.
Public Service Commission ™ Resignation- to the President
i.e.Consolidated Fund of the
™ Term - 6 years or until 65 years (Not specified
State.
in the constitution,decided by the president)
Article 323 Reports of Public Service ™ Qualification - Not prescribed in the
commissions Constitution.
State Public Service ™ Future Employment - Allowed
Commission ™ First Chief Election Commissioner of India -
Sukumar Sen
™ Article 315-323 (part XIV) ™ Present Chief Election Commissioner of India
™ Functions - - Rajiv Kumar
‰ It conducts examinations for appointments
Functions of EC-
to service of the state.
‰ Composition- ™ Responsible for the Conduct and supervision of
elections to
™ Chairman and other members (Strength
determined by the Governor) ‰ Parliament (Lok Sabha & Rajya Sabha)

™ Appointed by - Governor ‰ State Legislatures

™ Term- 62 years/6 years (in the case of UPSC the ‰ Offices of President and Vice President

age limit is 65 years) ™ To grant recognition to Political Parties and


™ Qualification- half Member should have been in allot them election symbols.
central or state government for 10 years ™ To supervise the machinery of elections
™ Removal - by President (although appointed by throughout the country to ensure free and fair
elections.
Polity

the governor)
™ Future Employment - not allowed ™ To advise the President and Governor on
matters relating to disqualification.
™ Expenses - from Consolidated Fund of State
™ Ministry -Ministry of Personnel Public Article 326
Grievances and Pensions ™ The right to vote is a constitutional right in
™ Resignation - to the Governor (although India (Representation of the People Act, 1951).
removed by the President) ™ Voting Age - from 21 to 18 years (61st CAA
ELECTION COMMISSION- 1988)

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General Awareness

Article Title Summary 73rd and 74th constitutional amendment.


Article Superintendence, ™ECI superintends, ™ Article 243 (K) - State Election Commission,
324 direction, and directs, and which will be appointed by the Governor.
control of elections controls the ™ The appointment and removal - by state’s
preparation of Governor.
electoral rolls ™ Tenure - 6 years or until age of 62, whichever
and conduct of comes first.
elections to the ™ The State Election Commission is responsible
Parliament, State for organizing elections to the Panchayati Raj
Legislatures, and institutions, preparing electoral rolls, scheduling
the offices of the nomination dates, setting polling times, and
President and Vice overseeing the vote counting process.
President.
Goods and Services Tax Council
Article No discrimination ™Prohibits the
325 in elections discrimination ™ Article -279A (101st Constitutional
of citizens on Amendment Act, 2016)
grounds of ™ Established on 12 September 2016.
religion, race, ™ Constitutional body to deal with issues related
caste, sex, or to GST.
place of birth in
matters of access Composition:
to public places, The GST Council is composed of the following
including polling members:
booths and voting ™ The Union Finance Minister (as the Chairperson
in elections. of the Council)
™Equal opportunity ™ The Minister of State (MoS) in charge of
for all citizens to revenue or finance from the central government
participate in the ™ The Finance Ministers of each state government
electoral process. or Union Territory with a legislative assembly.
Article Universal adult ™Right to vote(18+
326 suffrage years) ™ Functions-
™universal adult ™ Making recommendations on the rates of tax,
suffrage,. the goods and services that will be subjected to
Article Bar to interference ™Restrictions on the tax, and the principles governing the place
329 by courts in the interference of of supply.
electoral matters courts in electoral ™ Making recommendations on the threshold
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matters. limit for exemption from GST for both goods
™E l e c t o r a l and services.
disputes dealt ™ Platform for resolving disputes between the
with by election center and the states related to the GST regime.
authorities and not
Working of the Council
the judiciary.
™ The decisions of the GST Council , majority of
not less than three-fourths of members present
State Election Commission and voting.
™ State Election Commission - established by the ™ The quorum - half of the total number of its

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General Awareness

members. National Commission for Scheduled


™ Center will have 1/3rd voting power and the Caste
States have 2/3rd. ™ This is a constitutional body.
™ The decisions are taken by 3/4th majority. ™ Initially, a National Commission for Scheduled
Finance Commision Castes and Tribes (Article 338) was established
for the Scheduled Castes and Tribes.
™ Article 280
™ Later, separated by 89th CAA, 2003.
™ Composition- Chairman and four other
™ National Commission for Scheduled Castes -
members.
Article 338
™ Appointed by - President
™ Composition - a Chairman, Vice Chairman, and
™ Term- specified by the President 3 other members appointed by the President.
™ Qualification- determined by Parliament (not ™ It will Investigate and monitor matters relating
constitution) to the safeguards provided for socially and
‰ Chairman should be a person having educationally Scheduled Caste
experience in public affairs
The National Commission for
™ Reappointment - allowed
Scheduled Tribes
™ Ministry - Ministry of Finance
™ Article 338 (A).
™ Tenure - 5 years by the President
™ The National Commission for Scheduled Tribes
™ “Balancing Wheel of fiscal federalism in India”
came into existence separately from 2004.
- Finance Commission
™ This Commission consists of a Chairman, Vice
™ The Chairman had experience in public affairs,
Chairman, and three other members whose
and the 4 other members from among persons
appointment is made by the President.
who:
™ This Commission will have the power to
‰ Are qualified to be appointed as Judges of a
regulate its own procedure.
High Court; or
‰ Have special knowledge of the finances and National Commission for Backward
accounts of Government; or classes
‰ Have had wide experience in financial ™ A statutory body on 14 August 1993.
matters and in administration; or ™ Formed under the National Backward Classes
‰ Have special knowledge of economics. Act, 1993.
™ Functions- ™ In 2018, the National Backward Classes
™ It recommends the distribution of tax revenue Commission was given constitutional status by
between the central & state governments. the 102nd Constitutional Amendment Act.
™ So far - 15 Finance Commissions have been ™ Article 338 (B) - the National Commission for
Polity

constituted. Backward Classes.


™ The first Finance Commission - November ™ Composition - 5 members which include
1951 ( chairmanship of KC Niyogi) a Chairman, a Vice Chairman and 3 other
members.
™ 15th Finance Commission - 2015 ( chairmanship
of NK Singh) ™ All Appointed by the President.
™ The tenure of current Finance Commission is ™ Tenure - 3 years.
from 2021 to 26. ™ Functions:
™ Recommended that 41% of central taxes be ‰ It will investigate and monitor all matters
shared with the states. relating to the safeguards provided for

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General Awareness

‰ socially and educationally backward classes


under the Constitution.

Practice Question
1. Which Schedule of the Indian Constitution talks (d) The Law Commission
about the salaries of the President, Governors, Ans: b
and other key officials? 7. Article 17 of the Indian Constitution is related to-
(a) 1st Schedule (a) From the end of Titles
(b) 2nd Schedule (b) Abolition of Untouchability
(c) 3rd Schedule (c) Equality of opportunity in Public planning
(d) 4th Schedule (d) Freedom of Speech and Expression
Ans: b Ans: b
2. How many recognized languages are listed in the 8. Which rights cannot be suspended under any
8th Schedule? circumstances, even during the proclamation of
(a) 18 (b) 22 (c) 29 (d) 32 National Emergency?
Ans: b (a) Article 18 and Article 19
3. Which Schedule of the Indian Constitution deals (b) Article 19 and Article 20
with the allocation of seats in the Council of (c) Article 20 and Article 21
States? (d) Article 21 and Article 22
(a) 9th Schedule (b) 10th Schedule Ans: c
(c) 11th Schedule (d) 4th Schedule
9. Which article includes protection in respect of
Ans: d conviction for an offence?
4. The 11th Schedule, introduced by which (a) Article 19 (b) Article 20
amendment, pertains to the powers, authority, (c) Article 21 (d) Article 22
and responsibilities of Panchayats? Ans: b
(a) 1st Amendment in 1951
10. In which article is the provision of right to life
(b) 52nd Amendment in 1985
and personal liberty made?
(c) 73rd Amendment in 1992 (a) Article 20 (b) Article 21
(d) 4th Amendment in 1955 (c) Article 22 (d) Article 23
Ans: c Ans: b
5. The power to curve out a new State is vested in - 11. In which case did the Supreme Court give a
(a) The Parliament subtle interpretation of Article 21?
(b) The President (a) Kesavananda Bharati Case
Polity
(c) The Council of Ministers (b) Shah Bano Case
(d) State Reorganisation Commission (c) Golaknath Case
Ans: a (d) Gopalan Case (1950)
6. Which one among the following has the power to Ans: d
regulate the right of citizenship in India? 12. Right to privacy and right to marriage come
(a) The Union Cabinet under which article?
(b) The Parliament (a) Article 19 (b) Article 20
(c) The Supreme Court (c) Article 21 (d) Article 22

193
General Awareness

Ans: c (c) Articles 25 to 31 (d) Articles 36 to 51


13. Under which constitutional amendment was the Ans: d
right to education made a fundamental right? 20. Which part of the Constitution of India
(a) 74th Constitutional Amendment incorporates the Directive Principles of State
(b) 84th Constitutional Amendment Policy?
(c) 86th Constitutional Amendment (a) Part IV (b) Part VI

(d) 89th Constitutional Amendment (c) Part III (d) Part V


Ans: c Ans: a

14. In which article is the provision of prohibition of 21. Which of the following Articles of the
human trafficking and forced labor made? Constitution of India deals with the Uniform
Civil Code?
(a) Article 21 (b) Article 22
(a) Article 43 (b) Article 44
(c) Article 23 (d) Article 24
(c) Article 45 (d) Article 46
Ans: c
Ans: b
15. Article 24 of the Indian Constitution is related
to? 22. Prohibit the consumption of intoxicating drinks
& drugs under which Article?
(a) Prohibition of employment of children in
(a) Article 46 (b) Article 47
factories, etc.
(c) Article 48 (d) Article 49
(b) Right to form associations
Ans: b
(c) Right to freedom of religion
23. Which of the following articles promote Equal
(d) Protection of interests of minorities
Justice and Free Legal Aid for all citizens?
Ans: a
(a) 39A (b) 32A
16. Which article guarantees freedom of speech and
(c) 43A (d) 48A
expression?
Ans: a
(a) Article 14 (b) Article 21
24. Which Article of the Constitution of India
(c) Article 19 (d) Article 25
directs the State to secure a social order for the
Ans: c
promotion of welfare of the people?
17. Under which articles is the provision of the (a) Article 42 (b) Article 44
right to freedom of religion made in the Indian
(c) Article 38 (d) Article 45
Constitution?
Ans: c
(a) Article 12 to 15 (b) Article 25 to 28
25. Which of the following committees
(c) Article 19 to 22 (d) Article 30 to 33
recommended for the inclusion of fundamental
Ans: b
duties in the Constitution of India?
18. India adopted the Directive Principles of
Polity

(a) Rajamannar Committee


State Policy (aka DPSP) from the _______
(b) Sarkaria Commission
constitution.
(c) Balwant Rai Mehta Committee
(a) German (b) Australian
(d) Swaran Singh Committee
(c) Irish (d) Austria
Ans: d
Ans: c
26. Article 43B was inserted as a ___________ in
19. Which of the following Articles of the Indian
the Constitution of India.
Constitution are related to DPSPs?
(a) Constitutional Body
(a) Articles 12 to 34 (b) Articles 15 to 41

194
General Awareness

(b) Fundamental Duty 33. Under which constitutional amendment was


(c) Directive principle of state policy the 11th Fundamental Duty added to the Indian
(d) Fundamental Right Constitution?
Ans: c (a) 85th Constitutional Amendment
(b) 86th Constitutional Amendment
27. Fundamental duties are ___________ and not
enforceable by law but are taken into account by (c) 87th Constitutional Amendment
the courts while adjudicating any matter. (d) 88th Constitutional Amendment
(a) common (b) regulatory Ans: b
(c) statutory (d) non-statutory 34. Respecting the Constitution and its ideals and
Ans: c institutions, the National Flag and the National
28. Which Constitutional Amendment added Anthem, are included in which of the following?
Fundamental Duties in the Constitution? (a) Fundamental Rights
(a) Forty-Fourth Amendment Act 1978 (b) Directive Principles of State Policy
(b) Forty-Seventh Amendment, 1984 (c) Fundamental Duties
(c) Forty-Second Amendment Act, 1976 (d) Citizenship
(d) Fifty-Second Amendment, 1985 Ans: c
Ans: c 35. Which article of the Indian Constitution deals
29. Fundamental Duties are contained within which with the separation of judiciary from the
Article of the Constitution of India? executive?
(a) Article 49 (b) Article 51A (a) Article 46 (b) Article 47
(c) Article 50A (d) Article 44 (c) Article 49 (d) Article 50
Ans: b Ans: d
30. Indian Constitution’s Article 40 is related to 36. Which of the following is not a Directive
what? Principle of State Policy as mentioned in the
(a) Organisation of village panchayats Indian Constitution?
(a) Providing adequate means of livelihood to all
(b) Organisation of agriculture and animal
citizens
husbandry
(b) Separation of judiciary from the executive
(c) Protection of environment
(c) Abolition of Titles
(d) Separation of judiciary from executive
Ans: a (d) Protection and improvement of environment
and wildlife
31. Which article provides for the protection of
Ans: c
monuments, places and objects of national
importance? 37. Which of the following Articles of the
Polity
(a) Article 49 (b) Article 50 Constitution of India deals with the organization
of agriculture and animal husbandry?
(c) Article 51 (d) Article 52
(a) Article 45 (b) Article 46
Ans: a
(c) Article 47 (d) Article 48
32. How many Fundamental Duties were included
Ans: d
in the Indian Constitution under the 42nd
Constitutional Amendment? 38. Article 51 of the Indian Constitution is about
(a) 8 (b) 9 (c) 10 (d) 11 ________
Ans: c (a) Uniform civil code for the citizens
(b) Organization of agriculture and animal

195
General Awareness

husbandry (b) falls under section 154


(c) Promotion of international peace and security (c) falls under 155
(d) Separation of judiciary from executive (d) falls under section 156
Ans: c Ans: c
39. Which one of the following provisions determines 45. Which one of the following articles in the Indian
the privileges and immunities of the members of Constitution prescribes the qualifications for the
Parliament under the Indian Constitution? appointment of a person as a Governor of a state
(a) Article 104 (b) Article 105 in India?
(c) Article 82 (d) Article 117 (a) Article 156 (b) Article 157
Ans: b (c) Article 159 (d) Article 160
40. Who among the following will preside over the Ans: b
joint meeting of both the Houses of Parliament? 46. Who among the following can hold office only
(a) President during the pleasure of the President of India?
(b) Prime Minister (a) Governor
(c) Chairman of Rajya Sabha (b) Election Commissioner
(d) Speaker of the Lok Sabha (c) Judge of the Supreme Court
Ans: d (d) Lok Sabha Speaker
41. In connection with what is the joint meeting of Ans: a
both the Houses of the Indian Parliament held? 47. Under which one of the following articles of the
(a) Constitution Amendment Bill Indian Constitution can the Governor reserve a
(b) Money Bill Bill for the consideration of the President?
(a) Article 169 (b) Article 200
(c) Ordinary Bill
(c) Article 201 (d) Article 202
(d) Election of the Vice President of India
Ans: b
Ans: c
48. Under which of the following articles of the
42. Who is the executive head/constitutional head of
Constitution, the Governor of a State can issue
the state government?
ordinances during the recess of the Legislature?
(a) Chief Minister
(a) Article 123 (b) Article 213
(b) Governor
(c) Article 220 (d) Article 219
(c) Secretary to the Chief Minister
Ans: b
(d) Chief Secretary
49. What does Article 138 of the Indian Constitution
Ans: b
provide for?
43. Who among the following appoints the (a) Advisory jurisdiction of the Supreme Court
Governor?
Polity

(b) Enhancement of the jurisdiction of the


(a) Union Cabinet
Supreme Court
(b) Chief Justice of the Supreme Court
(c) Judicial review of laws
(c) Speaker of the Lok Sabha
(d) Enforcement of decrees of the Supreme Court
(d) President of India Ans: b
Ans: d
50. Which article in the Indian Constitution deals
44. Appointment of Governor in a State Article of with orders regarding the enforcement of decrees
the Constitution- of the Supreme Court?
(a) falls under section 153 (a) Article 138 (b) Article 142

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General Awareness

(c) Article 143 (d) Article 13 (a) 60 years (b) 65 years


Ans: b (c) 70 years (d) 62 years
51. What does Article 143 of the Indian Constitution Ans: d
relate to? 58. Executive judges are appointed by-
(a) Judicial review (a) Supreme Court (b) District Court
(b) Enforcement of Supreme Court decrees (c) High Court (d) In both a and b
(c) Appointment of High Court judges Ans: c
(d) Advisory jurisdiction of the Supreme Court 59. In which article of the Constitution is the
Ans: d provision for the Union Public Service
52. In the Indian Constitution, where is the concept Commission (UPSC) and State Public Service
of judicial review described? Commissions (SPSCs) made?
(a) Article 138 (b) Article 142 (a) Article 312 (b) Article 315
(c) Article 143 (d) Article 13 (c) Article 318 (d) Article 320
Ans: d Ans: b
53. Which part of the Indian Constitution contains 60. Who appoints the Chairman and members of the
provisions for the High Court for the States? State Public Service Commission (SPSC)?
(a) Part IV (b) Part V (a) President
(c) Part VI (d) Part VII (b) Governor
Ans: c (c) Chief Minister of the State
54. Under which article of the Indian Constitution is (d) Chief Justice of the State
Parliament empowered to establish a High Court Ans: b
for two or more states by law? 61. Articles 324 to 329 of the Indian Constitution
(a) Article 227 (b) Article 230 deal with which commission?
(c) Article 231 (d) Article 234 (a) Union Public Service Commission (UPSC)
Ans: c (b) Finance Commission
55. What is the status of every High Court according (c) Official Language Commission
to Article 215? (d) Election Commission
(a) It is a Court of Appeal Ans: d
(b) It is a Court of Record 62. Which Articles of the Indian Constitution deal
(c) It is a Constitutional Court with the Union Executive?
(d) It is a Supreme Court (a) Articles 38 to 50 (b) Articles 52 to 78
Ans: b (c) Articles 80 to 86 (d) Articles 112 to 118
56. Who appoints the judges of the High Court as Ans: b
Polity
per Article 217? 63. Which Article of the Constitution of India states
(a) Prime Minister that there shall be a President of India?
(b) Chief Justice of India (a) Article 51 (b) Article 52
(c) President (c) Article 53 (d) Article 54
(d) Governor of the state Ans: b
Ans: c 64. Which of the Article of Indian Constitution tells
57. Until what age do High Court judges remain in about the election of the President?
office? (a) Article 51 (b) Article 52

197
General Awareness

(c) Article 53 (d) Article 54 (a) Article 66 (b) Article 67


Ans: d (c) Article 68 (d) Article 69
65. Which of the following Articles of the Ans: a
Constitution of India is related to the oath or 73. To become a Chairman of Rajya Sabha, a person
affirmation by the President? should be a citizen of India and at least ________
(a) Article 59 (b) Article 60 of age.
(c) Article 61 (d) Article 52 (a) 30 years (b) 35 years
Ans: b (c) 28 years (d) 32 years
66. Which Article of the Indian Constitution deals Ans: b
with the impeachment of the President? 74. Who has the power to appoint the Prime Minister
(a) Article 59 (b) Article 60 of India?
(c) Article 61 (d) Article 62 (a) President of India
Ans: c (b) Vice-President of India
67. Which Article of the Constitution of India defines (c) Speaker of the Lok Sabha
the pardoning power of the President? (d) Chief Justice of India
(a) Article 72 (b) Article 81 Ans: a
(c) Article 55 (d) Article 63 75. The President of India can Not declare a National
Ans: a Emergency on the grounds of:
68. Which of the following is not a part of the (a) War
election process for the President of India? (b) External aggression
(a) Members of the Lok Sabha (c) Armed rebellion
(b) Members of Rajya Sabha (d) Internal Disturbance
(c) Members of State Legislatures Ans: d
(d) Members of State Legislative Councils 76. Who has the power to dissolve the Lok Sabha
Ans: d before the completion of its term?
69. Any act passed by the Parliament becomes law (a) President of India
only after whose approval? (b) Vice-President of India
(a) Law Minister (b) President (c) Speaker of the Lok Sabha
(c) Supreme Court (d) Prime Minister (d) Prime Minister of India
Ans: b Ans: a
70. How many members are nominated to the 77. Which of the following is not a part of the Union
Council of the States by the President of India? Executive in India?
(a) 8 (b) 10 (c) 12 (d) 14 (a) President of India
Polity

Ans: c
(b) Attorney General of India
71. Which of the following Articles of the (c) Council of Ministers
Constitution of India states that there will be a
(d) Vice-President of India
Vice-President of India?
Ans: b
(a) Article 60 (b) Article 61
(c) Article 62 (d) Article 63 78. What is the minimum age limit for a person to
Ans: d contest for the post of President of India?
(a) 30 years (b) 35 years
72. Which Article of the Indian Constitution deals
(c) 40 years (d) 45 years
with the election of the Vice - President

198
General Awareness

Ans: b (d) Pardoning power of the President


79. Which of the following articles of the Indian Ans: d
Constitution deals with the appointment of the 86. Who among the following is the ex-officio
Prime Minister of India? Chairman of Rajya Sabha?
(a) Article 74 (b) Article 75 (a) President
(c) Article 76 (d) Article 78 (b) Vice President
Ans: b (c) Senior member of Rajya Sabha
80. To whom does the President of India hand over (d) Attorney General
his resignation? Ans: b
(a) Chief Justice of the Supreme Court
87. The Council of Ministers of the Union is
(b) Vice President responsible for which of the following?
(c) Prime Minister (a) President (b) Vice President
(d) Lok Sabha Speaker (c) Lok Sabha (d) Rajya Sabha
Ans: b Ans: c
81. Under which article of the constitution the 88. Which of the following is not headed by the
President of India can issue an ordinance? Prime Minister of India?
(a) Article 114 (b) Article 117 (a) NITI Aayog
(c) Article 120 (d) Article 123 (b) National Integration Council
Ans: d (c) Zonal Council
82. From which country has the provision of the (d) Interstate Council
President’s electoral college been taken in the Ans: c
Indian Constitution?
89. Who among the following is the highest Law
(a) United States of america
Officer of the Government of India?
(b) Ireland (a) Law Minister
(c) United Kingdom (b) Chairman of the Law Commission
(d) Germany (c) Chief Justice of the Supreme Court
Ans: b
(d) Attorney General
83. Which of the following is a component of the Ans: d
Indian Parliament?
90. In which article of the constitution the
(a) President (b) Lok Sabha
composition of the Lok Sabha is described?
(c) Rajya Sabha (d) All of the above (a) Article 80 (b) Article 81
Ans: d
(c) Article 82 (d) Article 83
84. Who among the following is the Supreme Ans: b
Polity
Commander of the Indian Security Forces?
91. The first hour of the Parliament is called-
(a) Prime Minister (b) President
(a) Question Hour (b) Zero Hour
(c) Defense Minister (d) Vice President
(c) Lemdak session (d) Guillotine
Ans: b
Ans: a
85. Article 72 of the Constitution deals with-
92. Which motion is brought in the Parliament to
(a) Financial power of the President
discuss a matter of urgent public importance?
(b) Legislative power of the President (a) Motion of thanks
(c) Veto power of the President (b) Motion of censure

199
General Awareness

(c) No confidence motion (a) Article 109 (b) Article 110


(d) Adjournment Motion (c) Article 111 (d) Article 112
Ans: d Ans: b
93. On the passing of which resolution it is mandatory 97. Within how many days is it mandatory for the
to resign from the Council of Ministers? Rajya Sabha to approve the Money Bill?
(a) Motion of thanks (a) 7 days (b) 14 days
(b) Calling attention motion (c) 15 days (d) 30 days
(c) No confidence motion Ans: b
(d) Motion of censure 98. In which article of the Indian Constitution, the
Ans: c provision for joint session has been made?
94. Who among the following prorogues the House? (a) Article 105 (b) Article 106
(a) Presiding Officer of the House concerned (c) Article 107 (d) Article 108
(b) President Ans: d
(c) Prime Minister 99. Which of the following Articles of the Indian
Constitution deals with the appointment of the
(d) Minister of Parliamentary Affairs
Prime Minister of India?
Ans: b
(a) Article 74 (b) Article 75
95. By whom is the final decision whether a bill is a
(c) Article 76 (d) Article 78
money bill or not?
Ans: b
(a) Speaker of the Lok Sabha
100. The total number of ministers in the Council of
(b) President
Ministers shall not exceed ______ of the total
(c) Union Finance Minister number of members of the Lok Sabha including
(d) Prime Minister the Prime Minister.
Ans: a (a) 10% (b) 12% (c) 15% (d) 20%
96. Which article of the constitution gives the Ans: c
definition of money bill?
Polity

200

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