Polity
Polity
RAJYA SABHA
● The upper house of the parliament, Rajya Sabha or
council of states was constituted on 3rd April 1952
and the first session was held on 13th May 1952 .
● Rajya sabha is a permanent house .
● Allocation of seats to various states and UTs in the
Rajya sabha -› Schedule 4th .
● Maximum strength of Rajya sabha is 250 members
(250 = 238 + 12) .
● The present strength of Rajya sabha is 245
members .
{ 245 = 233 + 12 ;
Minimum age :-
LOK SABHA
● This is also called the Lower house .
● The maximum strength of Lok Sabha is 552 .
● Out of this 530 are the representatives of states
directly elected by people .
● 20 members are the representatives of UTs directly
elected by the people .
● Remaining 2 members are nominated by the
president from the Anglo - Indian community .
Money Bills :-
Leaders in Parliament :-
FUNDS
1.Consolidated fund of India {Article 266 (1)} :- it
is the fund to which all the revenue , loans and
income of the GOI are deposited .
2.Public Account of India {Article 266 (2)}:- All
other public money (other than that which is
credited to the consolidated fund of India) received
on behalf of the Government of India shall be
credited to the public account of India . This
includes provident fund deposits , judicial deposits ,
saving bank deposits , departmental deposits ,
remittances ETC .
3.Contingency funds of India {Article 267} :- It is
in the nature of an imprest (money maintained for a
specific purpose) which is placed at the disposal of
the President to enable him / her to make advances
to meet urgent unforeseen expenditure pending
authorization by the parliament .
Committee system :-
1.Standing committee
2.Ad hoc committee
● It is a standing committee .
● Total number of members is 22 ( 15 lok sabha and 7
rajya sabha ) .
● Members belong to both the houses .
● Members and chairman are nominated by the
speaker .
● Chairman is from the opposition party .
● Scrutinizes the appropriation and manner of
spending .
● Work is ex post facto analysis .
b› Estimate committee :-
● It has 30 members .
● Members belong to Lok Sabha only .
● Chairman is always from the ruling party or
dispensation .
● Members and chairman are nominated by the
speaker .
● Scrutinizes the estimate .
*** The quorum of the Lok sabha and the rajya sabha
is one - tenth of the total membership of each house .
# 3 kinds of questions ;
Censure No - Confidence
1.Reason to be started . 1.No reason to give .
2.Against the individual
2. Against the whole
.
council .
3.Need not resign .
3. Resignation a must
.
Powers of President :-
1.Executive Powers :-
● President Appoints :-
Prime minister
Minister
Chairmen and Members of UPSC
CAG
Attorney General
Chief Election Commissioner
Other members of ECI
Governors
Members of Finance Commission
Ambassador
● He directly administers the UTs through Lt.
Governor , Commissioner or Administrator .
2.Legislative Power :-
● The President can enact laws through ordinance
when parliament is in recess ( Article 123 ) which is
called executive laws .
● The ordinance must be approved by the parliament
within 6 weeks of re-assembly .
● The maximum duration of an ordinance issued by
the president of India can be 6 months and 6 weeks
( in case of non-approval by parliament ) .
● The President can withdraw an ordinance at any
time .
● A total of 679 ordinances have been issued from
1950 - 2014 .
● Article - 213 -› deals with the ordinance making
power of the Governor of a state .
3.Veto Power :-
● Types of veto :-
4.Judicial Powers :-
● Appoints the chief justice and the judges of
supreme courts and high courts .
● Article 72 -› president's pardoning power .
5.Financial Power :-
● All money bills can originate in parliament only on
recommendation of the president (Article 117) .
● No demand for a Grant can be made except on his
recommendation (Article 115) .
● He can make advances out of the contingency fund
of India to meet any unforeseen expenditure .
● Appoints finance commission that recommended
distribution of taxes between union and state
Govts. (Article 280) .
6.Military Power :-
● Supreme commander of the Defence Force of India .
● Appoints chiefs of Army , Navy , Air force .
● He declares wars .
7.Diplomatic Powers :-
● Represent the country in international forums .
● Send ambassadors and receive diplomats .
● International treaties and agreements are
concluded on his behalf .
8.Emergency Power :-
● Article 352 -› National Emergency .
● Article 356 -› President's rule .
● Article 360 -› Financial Emergency .
VICE-PRESIDENT
● Article 63 -› There shall be a vice-president .
● Article 64 -› the vice-president shall be the
ex-officio chairman of the Rajya Sabha .
● Article 65 -› The vice-president shall act as the
president in the event of a vacancy in the office of
the president by reason of his death, resignation ,
impeachment , or otherwise .
● Article 69 -› Oath of the vice-president .
● Article 70 -› Discharge of the functions of the
president in other contingencies .
● Article 71 -› Disputes related to the election of the
vice-president can be challenged only in supreme
court .
● The Vice-president holds office for a term of five
years .
● He can resign from his office at any time by
addressing the resignation letter to the president .
● Krishan Kant was the only vice-president to die in
harness .
PM is the head of :-
1.NITI Aayog
2.National Integration Council
3.National Ganga River Basin Council
4.National Development Council
5.National Commission for Population control
6.Department of space
7.Department of Atomic energy
8.Nuclear Command Authority
9.Indian Board of Wild life
10. National Disaster Management Authority
11. Council of Scientific and Industrial research
12. National Water resource Council
13. Council of ministers
14. Leaders of the house of parliament
LEGISLATIVE ASSEMBLY
Strength :-
Term :-
Reservation :-
LEGISLATIVE COUNCIL
● Minimum strength -› 40 .
● The maximum strength is ⅓rd of the total strength
of the assembly .
● In between maximum and minimum the strength is
fixed by the parliament .
● Maximum strength -› UP (100) .
● Article 169 -› Creation and abolition of legislative
council .
● Legislative council present in :- Karnataka ,
Telangana , Andhra Pradesh , Maharashtra , Bihar ,
UP .
ELECTION PROCEDURE
● The members are elected in accordance with system
of proportional representation by means of a single
transferable vote .
● ⅓rd elected by the members of local bodies like
Municipalities , District Boards ETC .
● ⅓rd are elected by the MLAs .
● 1/12th are elected by the graduates .
● 1/12th are elected by the teachers .
● ⅙th are nominated by the Governors .
CHIEF MINISTER
AND
STATE COUNCIL OF MINISTER
● Article 163 -› Council of ministers to aid and advice
Governor .
● Article 164 -› Other provisions as to ministers .
● Article 166 -› Conduct of business of the govt. of a
state .
● Article 167 -› Duties of em as respects the
furnishing of information to Govt. ETC .
CHIEF MINISTER
● The chief minister is the de facto (real) head .
● The chief minister is the head of the Govt.
*** The Governor is the dejure (nominal) head .
● The Governor is the head of the state .
Appointment :-
● The chief minister is appointed by the Governor
(Article 164) .
● Other ministers are also appointed by the Governor
only on the advice of the chief minister .
GOVERNOR
● The Governor is the constitutional head of the state
.
● The Governor of a state is appointed by the
President .
● The oath of office of the Governor is administered
by the chief justice of the concerned high court .
● He is appointed by the President and he is a
nominee of the Central Govt.
● The office of the Governor of a state is not an
employment under the Central Govt.
● Governor doesn't appoint high court judges and
members of the State Public Service Commission .
They are appointed by the President .
● Article 153 -› There shall be a Governor for each
state .
● Article 154 -› Executive power of the state and the
role of the Governor .
● Article 155 -› Appointment of Governor by the
President .
● Article 156 -› The term of office of the Governor .
● Article 159 -› Oath of the Governor .
● 7th Constitutional Amendment Act 1956 -›
Appointment of the same person as a Governor of
two or more states .
FUNDAMENTAL RIGHTS
● The concept of fundamental rights borrowed from
the USA .
● There are six fundamental rights mentioned in our
constitution from Article 12 to 35 .
Right to equality (14-18) .
Right to freedom (19-22) .
Right against exploitation (23-24).
Right to freedom of Religion (25-28) .
Cultural and Educational rights (29-30) .
Constitutional remedies (Article 32).
● The right to property was deleted from the list of
fundamental rights by the 44th Amendment Act ,
1978 .
● It is made a legal right under Article 300-A in part
XII .
ARTICLE FEATURE
15 Discrimination law
16 Equal opportunity in
matters of public
employment
17 Abolition of
untouchability
18 Abolition of titles
19 Protection of certain
rights regarding freedom
of speech
20 Protection in respect of
conviction for offences
23 Prohibition of traffic in
human beings and forced
labour
24 Prohibition of
employment of children in
factories
32 Constitutional remedies
36 Definition of state
FORMS OF WRITS
● Under Article 32 and 226 of the constitution, the
supreme court and the high courts respectively
have the authority to issue writs of Habeas Corpus ,
Quo Warranto , Mandamus , Certiorari , Prohibition
.
● These writs were brought to India from England .
● There are five writs are there in our constitution ;
Habeas Corpus :- Present the body .
Mandamus :- Perform your duty .
Quo Warranto :- What is your authority ?
Prohibition :- Refrain from action .
Certiorari :- Inform of your right .
1.Hebeas Corpus :- A writ of Habeas Corpus is used
to bring a prisoner or other detainee before the
court to determine if the person's imprisonment or
detention is lawful .
2.Mandamus :- It is a judicial writ issued as a
command to an inferior court or ordering a person
to perform a public or statutory duty (To activate) .
3.Quo Warranto :- It is a writ or legal action
requiring a person to show by what warrant an
office or franchise is held , claimed or exercise .
4.Prohibition :- This writ is often issued by a
superior court to the lower court directing it not to
proceed with a case that doesn't fall under its
jurisdiction (To inactivate) .
5.Certiorari :- A type of writ , by which an appellate
court decides to review a case at its direction
(Cancel the order of lower court by supreme court) .
QUESTIONS :-
1.How many types of writs can be issued by the
supreme court to protect the fundamental rights of
Indian citizens ?
Five
2.By which writs the supreme court and the high
courts may call for the record of a case from a lower
court on an allegation of an excess of jurisdiction ?
Certiorari
3.Which article of the constitution of India empowers
the high courts to issue writs ?
Article 226
4. Is an order or order given by a superior court
to a subordinate court or tribunal or public
authority , to do so if it is not discharging its duty ?
Mandamus
5.Power of issuing a writ of Habeas Corpus lies with
? .
Supreme court and High court
6.Which writ can be issued against both public
authorities as well as private individuals or bodies ?
Habeas Corpus
7.The writ of Habeas Corpus is issued to ;
Produce a person before a court
8.Which writs prevents illegal usurpation of public
office by a person ?
Quo Warranto
***Usurpation:- The act of taking power or property by
force .
EMERGENCY PROVISIONS
● The Emergency Provisions are contained in part
XVIII of the constitution from Article 352 to Article
360 .
● During an Emergency the Central Government
becomes all powerful and the states go into the
total control of the Centre .
● The constitution stipulates three types of
emergencies . These are ;
a.An emergency due to war , external aggression
or armed rebellion (Article 352) . This is
popularly known as “National Emergency” .
b.An emergency due to the failure of the
constitutional machinery in the states (Article
356) . This is popularly known as “President's
Rule” .
c.Financial emergency due to a threat to the
financial stability or credit of India (Article
360) .
● When a National Emergency is declared on the
ground of war or external aggression , it is known as
“External Emergency” . On the other hand , when it
is declared on the ground of armed rebellion , it is
known as “Internal Emergency”
● On the 44th Amendment Act of 1978 substituted the
words ‘Armed Rebellion’ for ‘Internal Disturbance’ .
FUNDAMENTAL DUTIES
● These were added on the recommendation of the
Swaran Singh Committee (1976) .
● This committee recommended for the inclusion of 8
Fundamental Duties , the amendment included 10
Fundamental Duties .
● The fundamental duties are borrowed from the
USSR .
● The 10 Fundamental Duties were added to the
constitution in the year 1976 through 42nd
Amendment Act .
● The 11th fundamental duty was added in the year
2002 through 86th Amendment Act of the Indian
constitution .
● These duties are laid down in the Article 51(A) [Part
IV A] .
NATIONAL FLAG
● The ratio of width of the flag to its length is 2:3 .
● Saffron -› Strength and courage of the country .
● White -› Peace and truth .
● Green -› Fertility , growth and auspiciousness of
the land .
● The 24 spokes of the Ashok Chakra inspire every
Indian to work tirelessly for 24 hours .
● The design of the national flag was adopted by the
Constituent Assembly of India on 22nd July 1947 .
● National Bird -› The India Peacock .
○ Scientific Name :-› Pavo cristatus .
● National Animal -› Tiger .
○ Scientific Name :-› Panthera tigris .
○ Project Tiger was launched in April 1973 .
● National Tree -› Banyan Tree .
○ Scientific Name :-› Ficus bengalensis .
● National Fruit -› Mango .
○ Scientific Name :-› Mangifera indica .
● National River -› Ganga .
○ The Ganges River Dolphin is an endangered
animal that specifically inhabits this river
(Platanista Gangetica) .
● National Calendar -› The national Calendar based
on the Saka Era with chaitra as its 1st month.
○ It was adopted from 22 March 1957 along with
the Gregorian Calendar .
○ National Anthem -› The National Anthem of
India “Jana Gana Mana” was written in Bengali
by the Nobel laureate “Ravindranath Tagore”
in 1911 .
○ It was adopted in its hindi version by the
Constituent Assembly as the National Anthem
of India on 24 January 1950 .
○ For the first time it was sung at the “Kolkata
Session” of the INC on 27th Dec 1911 .
○ The song JANA GANA MANA was 1st published
under the title “Bharat Vidhata” in
“TattvaBodhini Patrika” in January 1912 .
○ The song was translated into English in 1919
with the title “Morning Song Of India” .
● National song -›
○ Bankim Chandra wrote the song “Vande
Mataram” on 7th Nov 1875 .
○ This song was published in the novel
“Anandamath” by Bankim Chandra .
○ For the 1st time it was sung at the congress
session of “Calcutta” in 1896 .
○ It was adopted as national song on 24th Jan
1950 , providing it equal status with the
national anthem .
○ It is taken from the novel Anandamath
published in 1882 .
○ It was translated into prose by “Sri Aurobindo”
on 20 Nov 1909 .
● National Emblem -›
○ The state emblem is an adaptation from the
Sarnath lion capital of Ashoka .
○ In the original , there are 4 lions standing back
to back , mounted on an abacus with frieze
carrying sculptures in high relief of an
elephant , a galloping horse , a bull and a lion
separated by interviewing wheels over a bell
shaped lotus .
○ Adopted on 26th Jan 1950 .
CONSTITUTIONAL
AND
NON CONSTITUTIONAL BODY
1.Attorney General :-
● Article 76 -› Attorney General of India .
● He is the highest law officer in the country .
● He is appointed by the President .
● The term of office of the AG is not fixed by the
constitution .
● The AG is assisted by a Solicitor General and
additional Solicitor General .
● Solicitor General appointed for 3 years .
2.Comptroller and Auditor General :-
● Article 148 -› Provides for an independent office of
the CAG .
● He is the head of the Indian Audit and Accounts
Department .
● Appointed by the President .
● Holds office for 6 years or till 65 years of age .
● He is the guardian of the public purse .
● Article 151 -› Audit reports .
3.Election Commission :-
● Article 324 -› Superintendence , direction and
control of election to be vested in an Election
Commission .
● The Election Commission is not concerned with
elections to panchayats and municipalities . For
this , the constitution provides for separate State
Election Commissions .
● The Election Commission consists of the Chief
Election Commissioner (CEC) + 2 Election
Commissioner .
● The Chief Election Commissioner is appointed by
the President .
● Holds an officer for 6 years or till 85 years of age .
● They are not eligible for re-appointment .
● In 1990 , the Dinesh Goswami Committee
recommended that the Election Commissioner be a
3 member body .
● Sukumar Sen was the 1st CEC (1950-58) .
● Article 326 -› Right to vote .
4.Union Public Service Commission :-
● It is an independent body .
● Article 315 to 323 -› Elaborate provisions regarding
the UPSC .
● Appointed by the President .
5.Finance commission :-
● Article 280 -› Finance Commission .
● Consists of a chairman and four other members .
● 1st Finance Commission -› K.C. Neogi (1951).
● 15th Finance Commission -› N.K. Singh .
6.National commission for SCs :-
● A constitutional body in that it is directly
established by Article 338 of the constitution .
5. Other national commission :-
● National Commission for Women (1992) .
● National Commission for Minorities (1993) .
● National Commission for Backward Classes (1993) .
● National Human Right Commission (1993) .
● National Commission for Protection of Child Rights
(2007) .
● National Commission for STs (2003) (Article - 338
A) .
***National Commission for SC and ST was replaced by
National Commission for SC and National Commission
for ST by the 89th Act, 2003 .
6. Special offer for linguistic minorities :-
● Accordingly , the 7th Constitutional Amendment
Act of 1956 inserted a new Article – 350-B in part
XVII of the constitution .
7.Zonal Council :-
● 5 zonal councils were set up in 1956.
● The zonal councils were created by the States
Recognition Act of 1956 .
● The Home Minister is the chairman for all the zonal
councils .
● The Chief Minister of the concerned state is the vice
chairman of the zonal council on rotation .
● The Chief Secretary of the concerned state is the
secretary for the zonal council on rotation .
8.Central Vigilance Commission :-
● It was created in 1964 to address governmental
corruption .
● It was created on the recommendation of the K.
Santhanam Committee .
● 1st CVC -› N.S. Rau .
9.Central Bureau of Investigation :-
● Establishment -› Recommended by the Santhanam
Committee on prevention of corruption
(1962-1964) .
● The CBI is not a statutory body .
● CBI derives its power from the Delhi Special Police
Establishment Act , 1964 .
● CBI is the main investigating agency of the central
government .
● The institution of Ombudsman was 1st created in
Sweden in 1809 .
● 1st lokayukta created in Maharashtra .
● 1st Lokpal of India -› Justice Pinaki Chandra Ghose .
JUDICIARY
Supreme court :-
● The supreme court is the guardian of the
constitution .
● The supreme court is the guarantor and protector of
the Fundamental Rights of the citizens .
● The security of tenure is provided to the judges by
the constitution .
● Supreme court judges can be removed by the
President only in the manner and grounds
mentioned in the constitution .
● The judges of the supreme court don't hold the
office during the pleasure of the President .
● No supreme court judge has been removed so far in
independent India .
● Inaugurated on 28th January 1950 .
● It succeeded the Federal Court of India established
under the GOI Act 1935 .
● 1st Federal Court of India established in 1774 at
Kolkata by regulating Act 1773 .
HIGH COURT
● The High Court occupies the top position in judicial
administration of the state .
● The 1st High Courts were set up in India in Calcutta
, Bombay and Madras .
● In the year 1866 , the fourth High Court was set up
in Allahabad .
● The 7th Amendment Act , 1956 authorized the
parliament to establish a common High Court for 2
or more states .
● At present there are 25 High Courts in the country .
DELIMITATION COMMISSION
Political Parties :-
● Under Article 82 , the parliament enacts a
Delimitation Act after every census .
● Under Article 170 , states also get divided into
territorial constituencies as per Delimitation Act
after every census .
● The 1st Delimitation exercise was carried out by the
President in 1950-51 .
● The Delimitation Commission Act was enacted in
1952 .
● Delimitation Commission has been set up four
times -› 1952 , 1963 ,1973 and 2002 under the Acts
of 1952 , 1962 , 1972 and 2002 .
● There was no delimitation after 1981 to 1991 .
● The Delimitation Commission is appointed by the
President of India and works in collaboration with
the Election Commission of India .
CONDITION FOR RECOGNITION AS A
NATIONAL PARTY
● If it secures 6% of valid votes polled in any 4 or
more states at a general election to the Lok Sabha
or to the legislative assembly and in addition it
wins 4 seats in the Lok Sabha from any state or
states .
● If it wins 2% of seats in the Lok Sabha at a general
election and these candidates are elected from 3
states .
● If it is recognised as a state part in 4 states …
○ Article 81 -› Defines the composition of the
House of the people or Lok Sabha .
○ Article 311 -› Civil Servants can't be removed
by authority below them .