C

MAKING OF INDIAN CONSTITUTION

SS
R
A
RM
PA
 Constitution: It lays out certain ideals that form

:
the basis of the kind of country
India’s Constitution: Partly rigid; partly flexible

While all democratic countries are likely to have a Constitution, it is not necessary that all countries that
have a Constitution are democratic

Origin of Constitution from the USA: 1787 * Early draft of Indian

↑
Independence of USA: 4th July 1776 Constitution: 1928 by All
Parties Conference chaired by
Constituent Assembly (CA) Motilal Nehru - Nehru Report

1934: M N Roy first demanded for CA (he founded

-
the CPI Communist Party of India)
Extras:
!
1935: Demand by Congress ↑
Communist: source/means of production
controlled by govt.
Offers from Britain ex: China
Reason: Ongoing World War II ↑
Oligarchic: govt. by few
1. August Offer: 1940 ex: China, Russia
2. Cripps Proposal: 1942 Monarchic: govt. by single person

-
3. Wavell Plan: 1945 specifically King/monarch
4. Cabinet Mission Plan: 1946 ex: North Korea
3 British cabinet members Totalitarian: total control over lives of
a. Pethick-Lawrence (chairman) citizens by whomever is ruling
b. Stafford Cripps
c. A. V. Alexander

* Only Cabinet Mission plan was accepted by the Congress and the Muslim league, hence Constituent
Assembly was formed according to it

Reasons for Rejection of Former ones

↓
Congress demanded Purna Swaraj, but they offered the Dominion Status

Tryst with Destiny -

Dominion Status: It is a status given to
In his famous speech “Tryst with Destiny” delivered on
certain countries that allowed them to be
14th Aug 1947 before Constituent Assembly, Nehru
self-governing while still remaining part of
referred Gandhiji, as “The ambition of the greatest
British empire. The term “Dominion” means
man of our generation has been to wipe every tear
“that which is mastered or ruled”
from every eye”
Provisions of Cabinet Mission Plan Interim Government
President of the Executive Council (Viceroy and

:
Total seats: 389 Governor-General of India: Viscount Wavell (till Feb
1947); Lord Mountbatten (from Feb 1947)
Commander-in-Chief: Sir Claude Auchinleck

:::
Vice President, also in charge of External Affairs and
296 93 Commonwealth Relations: Jawaharlal Nehru (INC)
Home Affairs, Information and Broadcasting: Sardar
Elected Nominated Vallabhbhai Patel (INC)
British India Provinces/Princely States Agriculture and Food: Rajendra Prasad (INC)
Commerce: Ibrahim Ismail Chundrigar (ML)
Defence: Baldev Singh (INC)
~
Finance: Liaquat Ali Khan (ML)
g
Education and Arts: C Rajagopalachari (INC)
~
292 4 &

Health: Ghazanfar Ali Khan (ML)

↓ ↓ · Labour: Jagjivan Ram (INC)
Governors Chief commissioner
Province Provinces
!
Law: Jogendra Nath Mandal (ML)
1
Railways and Communication, Post and Air: Abdur Rab
Nishtar (ML)

i
11

Seats allocated to each British province, where to be divided among three principal communities:
Muslim
Sikh
General
One seat was to be allotted for 1 million population
Method of election (Indirect Elections): Proportional Representation + Single Transferable Vote

Elections held in: July-August 1946

Results Ceremony that marks the end of Republic Day Celebration:

Majority: Congress (INC): 208 seats - Beating Retreat Ceremony ↓
Muslim League: 73 seats &
Independence Day: PM hoist Indian flag in Red Fort
Independent: 15 seats
L
Republic Day: President unfurls the flag at Kartavya Path

After boycott of Muslim League Remaining

seats: 299

After partition
 22nd Jan 1947: Objective resolution adopted by CA
13 Dec 1946: Presented by J L Nehru
Committees formed
Major: 8
Minor: 13
The Drafting Committee took
141 days to prepare its draft
-

C
Drafting Committee (set up on: 29th Aug 1947)

Total members: 7

SS
Chairman: B R Ambedkar (also known as “Modern Manuh or Modern Man”)
Alladi Krishnaswamy Ayyar
Drafts of the Constitution
N Gopalaswami Ayyangar
1st draft was published on: 21 Feb 1948
↑

Muhammad Saddullah (8 months to people of India)

B. L Mittar
er (replaced by N Madhav Rau)R 4 Nov 1948: BR Ambedkar introduced the
-

D P Khaitan (replaced by T T Krishnamachari) final draft before Constituent Assembly

1st reading: 5 days
K M Munshi
: 2nd reading: 15 Nov 1948-17 Oct 1949
3rd reading: Completed on 26 Nov 1949
A
Total sessions held: 11 sessions for 165 days
Total time: 2 yrs 11 months 17/18 days Constitution was made
Money: 64 lakhs (to frame the Constitution) E
RM

Important Muller
Drafts
Sessions

-
1stSession:
1st
10th
-
draft: 9-23rd Dec 1946 211 members
10thSession:
draft: 6-17th eDec
Oct 1949
#
11thSession:
11th Nov 1949 (also the last session)
draft: 14-26th Occa
Dec
m
D
PA

·
FinalDraft:
Final draft: presented by B R Ambedkar before the public on 44th Nov
Nov
4th 1948
1948
Nov 1949
I From Bengal Constituency
Constitution was adopted: 26 Nov 1949 (also celebrated as “Constitution Day”)
>
-
Constitution enforced on: 26 Jan 1950
Some provisions were imposed on 26 Nov 1949
Citizenship (Art 5, 6, 7, 8, 9) Schedules (at present): 12
· Parts (at present): 25
Elections
Provisional Parliament
I
395 Art + 8 Schedules + 22 Parts + Preamble
 Functions of Constituent Assembly * Mahatma Gandhi was
not a part of C.A
2 major functions

Law-making body (to Constitution maker

legislate) President: Rajendra Prasad
G V Mavalankar (first speaker of (after elections)

C
Lok Sabha) Constituent Assembly Temporary President:
Vice President: T T Krishnamachari, aSachinanda Sinha (before
Sachchidananda
H C Mukherjee elections)

SS
Functioned as first
parliament of India
To Legislate
(To make laws) 24 Jan 1950
R Other functions
1. Adopted National Flag: 22 July
Legal/Constitutional Advisor: B N Rao 1947
Chief Draftsman: S N Mukherjee 2. National Anthem: by Rabindranath
A
No. of CA members who signed Tagore “Jana Gana Mana”
constitution: 284 (had 15 female 3. National Song: by ·
Bakim Chatterjee
Bankim
members) Signed on

·
“VandeMataram”
Mantram”
RM

“Vande
4. Common wealth
WealthRatification:
Ratification:
MayMay
1949
Last sitting of CA: 24 Jan 1950 1949
1st President of India (on 246 Jan 1950):
Dr Rajendra Prasad
Extras
Handwritten Constitution by (calligrapher) Important female members of CA
PA

English: Prem Behari Narain Raizada Raj Kumari Amritkaur (1st health
Hindi: Vasant Krishan Vaidya minister)
Sucheta Kriplani (1st female CM of
Decorated by: UP)
Sarojini Naidu (1st Governor of Uttar
Nand Lal Bose
Pradesh state)
Beohar Ram Manohar

India’s Constitution is the largest written Constitution > Symbol of Indian Constitution: Elephant
 Minor Committee
N
Language of Constitution: English
S

Committee of CA of India

Major Committee

↓
Linguistic Provinces Commission: S. K. Dhar
L
Ad Hoc Committee (flag): Rajendra Prasad

S
Capitalist State: Industrialists (where the government controls the economy)
Plutocratic: Government by rich people
: Mixed Economy: An economic system that combines elements of a market economy and a planned
economy. Example: India
 C
PARLIAMENT AND STATE

SS
LEGISLATURE PART 1

R
A
RM
PA
 Part V: Parliament (Art 79-122)· 5V Chapters

I
Part VI: The State Legislature (Art 168-177) President

Parliament
Art 79: Constitution of Parliament
.They shall be a parliament for Union, which shall
Lok Sabha consist of President and two houses to be known Rajya Sabha
Lower House respectively as Council of State (RS) and the
First Chamber House of People (LS) Lok Sabha

C
House of the People,·(Directly electedelected
1954 (directly by people)
by people)
Min age to become a member: 25 yrs

The President is integral part, as no bill can

SS
Rajya Sabha
become a law without his consent or assent
Upper House
Second Chamber
Council of States,a
1954 (Representative
(Representative of States)
of States)
Min age to become a member: 30 yrs (also known as “House of Elders”)

First Sitting
Lok Sabha: #
13 May 1952
17 April 1952 Constituted on: 17
>
-

April 1952
R In 1954, the Hindi names
adopted
Lok and Rajya Sabha were
A
Rajya Sabha: 13 May 1952 r
Parliamentary form of Government: Borrowed from
UK (Britain) & Westminster Model
/

Art 80: Composition of Council of States RS

RM

It is a federal feature (Representation of States)

Max: 250 members

At present: 245 seats (As of 2023)

12
PA

238 5 vacant for POK, Akshai Chin, etc

Nominated by President in
233: Elected by legislature of
the field of

u
Elected by people 219:States
229: filledand
by UT using STV through
States
3
I

Li: Literature
&

Voting in RS open 9ballots

-

4 seats: UTs
-
!

S: Science
-
All States (28): 229
I

1
A: Arts
12: Nominated Remaining:
by PresidentNominated

·
↑

2 UTs: Delhi and Puducherry

I

S: Social Science
(
↑

↑
PT Usha: Recently nominated
Population of other UTs is very less to
Known as “Payyoli Express”
get representation in RS
On what grounds?
Y

Social Service
Representation
RS election is in Open Ballot

I
Indirect &
In Rajya Sabha: Unequal representation
↑
UP: 31
Proportional In RS ↑
Sikkim/Meghalaya/Arunachal/Goa: 1

STV Single Transferable Vote

·
Election of RS members: Taken from South Africa
Nomination of RS members: Taken from Ireland

C
Art 81: Composition of House of the People LS

Max: 550 members No nominated member earlier

SS
en
Later: 104 CA
Earlier
530 20 2 Anglo Indians nominated
nominationbyby

States UTs
President oce
Bandwas removed later through 104 CA
This

At present: 543
R
Elections and Representations
A
28 states: Parity among Inter and Intra-states
Direct election
RM

Art 82: Readjustment after each Census

Delimitation Commission
Division of Constituencies on the basis of population Themes of new Parliament buildings
After every Census 10 yrs Lok Sabha: Peacock
3 In India, such Delimitation Commission have been constituted four times , Rajya Sabha: Lotus
PA

in 1952 under the Delimitation Commission Act, 1952 , in 1963 under the
Delimitation Commission Act 1962, in 1973 under the Delimitation
Commission Act, 1972 and in 2002 under the Delimitation Commission
First: 1952 Act, 2002 Previous Census 2011 (no
(1983)CA,
42nd
t 46th CA: Till 2000, seats were fixed on the basis of population
1976 ·
Census yet, delay duedue
elayed to to
COVID)

84th CA (2001): Extended till 2026 (No Delimitation Commission) Froze the
constituency boundaries till 2026
Division of seats According to 2001 Census
The word “Delimitation” literally means
-

87th CA (2003): Delimitation according to 2001 Census the act or process of fixing limits or
boundaries of territorial constituencies
 Delimitation Commission in Jammu & Kashmir on basis of 2011 Census
/

Accordance to PartIV of J & K Act, 2019 (34 of 2019)

I

Setup on 6th March, 2020 Headed by Justice Ranjana Prakash Desai

Art 83: Duration of Houses of the Parliament

!
RS: No duration not written in Constitution
RS members duration: 6 yrs
↑

1/3rd members retire after every 2 yrs

C
LS: As a house 5 yrs unless dissolved
-

LS members duration: Co-terminous with the LS as a house

SS
Duration can be extended only in case of national emergency for one year at a time (when
cease: within 6 months fresh elections)

Art 84: Qualification of members of the Parliament

·
Is a Citizen of India#
and takes oath
Any other qualification which Parliament made
- determine
y determine
Age
RS: 30 yrs
R
LS: 25 yrs
A
·

Art 85: Sessions of Parliament, prorogation and dissolution >

-
On advice of COMs

I
3 sessions (summoned by President)
RM

-
Budget: Feb-Towards the end of April
>

Monsoon: July-August 3The maximum gap (recess)

-

Winter: December 3 types of Questions

between two sessions cannot
Starred: Oral question-answer

:
exceed 6 months
/ Prorogation: It ends a session (Supplementary)
Unstarred: Written
Dissolution: It ends the live session of Lok Sabha (Act of dissolving) Short notice: 10 days prior notice
PA

House dissolved by the President on

no-confidence motion

·
2 sittings
/
Adjournment: By Presiding Officer of the house; it ends a sitting/meeting
Pre-lunch At 11 AM: starts
Meeting1st day (1st Meeting
starts day)

·
-

>

Dissolution 11 AM-12 PM > Question hour (1st hour

:
Prorogation of every meeting)
Adjournment
12-1 PM =Zero hour (to decide the agenda
of the day)
Lunch
Adjournment Sine die: by Presiding Officer At present
It ends the meeting without providing a date LS speaker: Om Birla

:
It happens just before the prorogation RS speaker: Jagdeep Dhankar

In LS: Speaker
In RS: Vice President/Chairman

Art 86: Right of President to address and send messages to the House

C
1. The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of
Art 87: Special address by the President
members
2. The President may send messages to either House of Parliament,

SS
whether with respect to a Bill then pending in Parliament or otherwise
Motion of Thanks
At the commencement of first session after each general election (LS)
Collectively addressed
First session of each fiscal year by the President

Financial year: 1st April-31st March

RS: Continuing chamber

R
A
Policies need to be passed from both the Houses separately
Session adjourned, prorogue: LS + RS
Dissolved: LS
RM

Summoning power: President

Adjournment power: Presiding Officer

Art 88: Rights of Ministers and Attorney General of respective Houses

PA

Right to speak in LS/RS, but no right to vote

Can only vote in the House they belong to Not a member of either House, but
right to speak in LS/RS
 Officers in Parliament
DC
↑
Art 89: Chairman and Deputy Chairman of the Council of States

In
1 Vice President (Ex Officio Chairman of the Council of States)
Not the member of either House of⑤ Parliament
the Parliament
2 Deputy Chairman Elected by the House RS

Acting chairman in absence of chairman

He is a member of RS

C
SS
Art 90: Vacation and resignation of, and removal from, the office of DC

. If he is not a member of RS
Resignation by writing to chairman (Vice President) of RS

Removal by a majority of all then members of RS Effective Majority

Art 91: Power/duty of DC

R
In LS: Removal by Simple Majority

This is not mention in the constitution

A
When Chairman and DC is absent?
↑

The chairman appoints 10 members as a panel of Vice

chairperson
· chairperson
V
RM

One member from here, presides the House

When seats are vacant no

-
one When
can
-
Officethe
preside of Chairman
House is vacant and or Vice President is acting as

tA-
1 Deputy Chairman -
President, the duties of office of Chairman shall be performed by the
-
When death of both/chairman resigns/removal
- -
President appoint someone as Chairman (Acting chairman)
If Deputy Chairman is also absent then, the President can choose any
member to discharge duties of RS
↑ -
Panel RS Vice
Panel of RS ViceChairperson:
Chairman: P.P.T.T.Usha
Usha (first woman totobe
(first woman beappointed)
appointed)
PA

Art 92: Cchairman

. and DC not to preside while in a resolution for his removal is under consideration

Act as
Any member of the house when Chairman is presiding
in the house
The Chairman or Deputy
2 Right to vote
- Chairman has the right to

I Voting at first instance (majority votes counted) participate in proceedings and

·
speak during the consideration
of removal resolution, but can
Casting vote (equality of votes) > Presiding Officer is given casting vote
DC # only vote in first instance and
* However,
Chairman
they can vote first on resolution or other matter during the
proceedings, they can also exercise casting vote if the votes are tied
not in case of a tie
 Art 93: Speaker and Deputy Speaker of House of the People

I
1st speaker of LS: Ganesh· Mavlankar
Mavalankar
Both chosen by the I house within themselves LS can choose two members of the House as speaker and deputy
H

·3
Present
Speaker in
is LS
from ruling party speaker if the office of Speaker or Deputy Speaker is vacant
Speaker is from isruling
Deputy Speaker fromparty
opposition party
Conventions (not written in the Constitution)
Deputy speaker is from opposition party

Art 94: Vacation and resignation of, and removal from, the offices of Speaker + Deputy Speaker
Provisions

C
Chosen
Not a member of the House (shall vacate if cease to be
Do not subscribe to any oath
a member)

SS
Resignation: Speaker Deputy Speaker

Removal: Effective Majority -

> Passed by the majority of then members of the House

Speaker shall not vacate his office until immediately before the first of the meeting
Speaker cannot leave, even if Lok Sabha is dissolved Can leave after the new one
R New Speaker
A
A Election date of Speaker: Fixed
Art 95: Powers to perform duties
Absent in RS: Speaker nominates = Panel by President
of Vice Chairpersons ↑
Election date of Deputy Speaker:
Speaker and Deputy Speaker
( Fixed by Speaker
RM

#
1st Deputy Speaker: M A
Absent: Speaker appoints not more than 10 persons as Panel of Ayyangar
Chairpersons and among them, one will preside (LS) ↑
Since 2019, the LS does not have
a Deputy Speaker
Vacate: President chooses one to preside

P
Art 96: Speaker and Deputy Speaker not to precise
de while in resolution for his removal
preside
PA

Voting at first instance

Any member of the House when speaker is presiding

in the House

Art 97: Salary and Allowances of Chairman and Deputy Chairman and the Speaker and Deputy Speaker Decided by Parliament
>
-

IAS Officer
-

Art 98: Secretariat of Parliament LS Speaker and RS

Chairman
President appoints Secretariat on advice of Speaker
of the House
-

Art 99: Oath or Affirmations

By the President or some person appointed Da

in behalf by the President
on

Appoints Protem Speaker (Temporary Speaker)

Henum
isHethe
is senior most
(provides oath to newly

C
appointed members)

-
Art 100: Voting in House and Quorum

SS
:
At first instance
Casting vote
Quorum: Minimum number of members required to carry on proceedings of the House (Quorum: 1/10th)

If the Quorum is not met

-
Presiding Officer suspends the meeting
R
A
RM
PA
STATE LEGISLATURE
Part VI of Indian Constitution

Chapter I: General (Art 152)

Chapter II: State Executive (Art 153-167)
Chapter III: State Legislature (Art 168-212)
Chapter IV: Legislative power of the Governor (Ordinance) (Art 213)
Chapter V: High Courts (Art 214-232)
Chapter VI: Subordinate Courts (Art 233-237)

Article 153: Governor of States

There shall be a Governor for each State

:
Article 154: Executive Power of State

The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through
officers subordinate to him in accordance with this Constitution

Article 155: Appointment of Governor

The Governor of a state shall be appointed by the President by warrant under his hand and seal

Article 156: Term of Office of Governor

(1)The Governor shall hold office during the pleasure of the President

(2) The Governor may, by writing under his hand addressed to the President, resign his office

(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of 5 years from the date on
which he enters upon his office

Article 157: Qualifications for Appointment as Governor

No person shall be eligible for appointment as Governor, unless he is a citizen of India and has completed the age of 35
years

Article 158: Conditions of Governor’s Office

(1) Governor shall not be a member of any House in the Parliament or State Legislature, if so, he must vacate his seat
before entering office of Governor
7th CA, 1956: Two or more states can have a common
(2) Governor shall not hold any office of profit Governor

(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to
such emoluments, allowances and privileges as may be determined by Parliament by law
 (3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall
be allocated among the States in such proportion as the President may by order determine

(4) The emoluments and allowances of the Governor shall not be diminished during his term of office

7th CA, 1956: Two or more states can have common Governor

Article 159: Oath or Affirmation by the Governor

Governor has to take oath in the presence of Chief Justice of high court. If he is absent, then governor has to take oath in presence of
seniormost judge of high court available

Article 160: Discharge of Functions of Governor in Certain Contingencies

The president of India can appoint someone to take over the functions of a state’s governor in certain situations

Article 161: Power of Governor to Grant Pardons, etc., and to Suspend, Remit or Commute Sentences in Certain Cases

~
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any offence

Difference in pardoning power of President and Governor

1. Governor cannot pardon death sentence
2. Governor cannot use pardoning power against a sentence handed down by Martial Court

Article 162: Extent of Executive Power of State (TRICK: Art 73 (Part V) + Art 89: Art 162)

The executive power of a state extends to matters where the state’s Legislature has the power to make laws

Article 163: Council of Ministers to Aid and Advise Governor (TRICK: Art 74 (Part V) + Art 89: Art 163)
↓
Advice of Council of Ministers is not binding on Governor

Article 164: Other Provision as to Ministers (TRICK: Art 75 (Part V) + Art 89: Art 164)

(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the
Chief Minister, and the Ministers shall hold office during the pleasure of the Governor

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State

(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms
set out for the purpose in the Third Schedule

(4) A Minister who for any period of 6 consecutive months is not a member of the Legislature of the State shall at the expiration of that
period cease to be a Minister

(5) The salaries and allowances of Ministers shall be such as the Legislature of the state may from time to time by law determine and, until
the Legislature of the State so determines, shall be as specified in the Second Schedule

Article 165: The Advocate-General for the State (TRICK: Art 76 (Part V) + Art 89: Art 165)

(1) Appointment

(2) Duty

(3) Hold office till the pleasure of Governor

Article 166: Conduct of Business of Government of a State (TRICK: Art 77 (Part V) + Art 89: Art 166)

Article 167: Duties of Chief Minister as respects the Furnishing of Information to Governor, etc (TRICK: Art 78 (Part
V) + Art 89: Art 167)

COMs CM Governor

"
Article 168: Constitution of Legislatures in States (TRICK: Art 79 (Part V) + Art 89: Art 168)

(1) For every State there shall be a Legislature which shall consist of the Governor

(a) In the States of Andhra Pradesh, Bihar, Telangana, Maharashtra, Karnataka and Uttar Pradesh, two Houses;

(b) In other States, one House All states in India do not have Legislative
Council, only 6 states do
TRICK to Remember KABUTM
Governor Upper House/ K: Karnataka
Permanent House A: Andhra Pradesh
LC B: Bihar
Lower House U: Uttar Pradesh
LA T: Telangana
M: Maharashtra

(2) Where there is two houses one shall be known as Legislative Council and other is Legislative Assembly;
If there is only one house it must be Legislative Assembly

Article 169: Abolition or Creation of Legislative Councils in States (TRICK: Art 80 (Part V) + Art 89: Art 169)

(1) Under article 168, Parliament can create or abolish Legislative Council of a state, after passing a resolution from
Legislative Assembly (LA) with 2/3rd of present and voting members of LA, if the Legislative Assembly of the State
passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less
than 2/3rd of the members of the Assembly present and voting

No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368

Article 170: Composition of the Legislative Assemblies (TRICK: Art 81 (Part V) + Art 89: Art 170)

(1) Subject to the provisions of Art 333, the Legislative Assembly of each State shall consist of not more than 500, and
not less than 60, members chosen by direct election from territorial constituencies in the State

(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be
the same throughout the State
Exception: Minimum number of seats in Legislative Assemblies of
↑

Sikkim, Goa, and Arunachal Pradesh is 30

 (3) The total number of seats in the Legislative Assembly of each State and the division of each State into territorial
constituencies shall be readjusted, upon completion of each Census

Article 171: Composition of the Legislative Councils (TRICK: Art 82 (Part V) + Art 89: Art 171)

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed 1/3rd of
the total number of members in the Legislative Assembly of that State Not less than 40

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided
in clause (3)

(3) Of the total number of members of the Legislative Council of a State:-

(a) 1/3rd elected by electorate consisting members of Municipalities, District Boards & other local authorities

(b) 1/12th – Person residing in the state who have been for at least 3 years graduates of any universities in India

(c) 1/12th – Person engaged in teaching for at least 3 years

(d) 1/3rd – By members of Legislative Assembly

(e) Remaining 1/6th nominated by Governor – person having special knowledge or practical experience in Literature,
Science, Art, Co-operative movement & Social Science Li S A S + Cooperative movement

Article 172: Duration of State Legislatures (TRICK: Art 83 (Part V) + Art 89: Art 172)

(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 5 years from the date
appointed for its first meeting

(2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible 1/3rd of the members
thereof shall retire as soon as may be on the expiration of every second year

Article 173: Qualification for Membership of the State Legislature (TRICK: Art 84 (Part V) + Art 89: Art 173)

S
A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he:-

(a) Is a Citizen of India

(b) Is in the case of a seat in the Legislative Assembly, not less than 25 years of age and, in the case of a seat in the
Legislative Council, not less than 30 years of age

(c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
 Article 174: Sessions of the State Legislature, Prorogation and Dissolution (TRICK: Art 85 (Part V) + Art 89: Art 174)

(1) The governor may summon house of the legislature to meet at such time as he thinks fit, but 6 month shall not
intervene between its last sitting in one session and the date appointed for its first sitting in the next session

I
(2) The Governor may from time to time:-
(a) Prorogue the House or either House

(b)Dissolve the Legislative Assembly

Article 175: Right of Governor to Address and Send Messages to the House or Houses (TRICK: Art 86 (Part V) + Art 89:
Art 175)

(1) Governor may address Legislative Assembly or Legislative Council (if there) or Both Houses Assembled together

(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a
Bill then pending in the Legislature

Article 176: Special Address by the Governor (TRICK: Art 87 (Part V) + Art 89: Art 176)

(1) At the commencement of the first session after each general election to the Legislative Assembly and at the
commencement of the first session of each year, the Governor shall address the Legislative Assembly and Council (if
there)

(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time
for discussion of the matters referred to in such address

Article 177: Rights of Ministers and Advocate General as respects the Houses (TRICK: Art 88 (Part V) + Art 89: Art 177)

- Every Minister and the Advocate-General for a State shall have the right to speak in or take part in the proceedings of,
the Legislative Assembly or Council (if there), but cannot vote

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly (TRICK: Art 89 (Part V) + Art 89: Art 178)

Article 179: Vacation and Resignation of, and Removal from, the offices of Speaker and Deputy Speaker (TRICK: Art 90
(Part V) + Art 89: Art 179)

Article 180: Power of the Deputy Speaker or other Person to perform the Duties of the Office of, or to act as, Speaker
(TRICK: Art 91 (Part V) + Art 89: Art 180)

Article 181: The Speaker or the Deputy Speaker not to Preside while a Resolution for his Removal from Office is under
Consideration (TRICK: Art 92 (Part V) + Art 89: Art 181)
 Article 182: The Chairman and Deputy Chairman of the Legislative Council (TRICK: Art 93 (Part V) + Art 89: Art 182)

Article 183: Vacation and Resignation of, and Removal from, the Offices of Chairman and Deputy Chairman (TRICK: Art 94
(Part V) + Art 89: Art 183)

Article 184: Power of the Deputy Chairman or other Person to Perform the Duties of the Office of, or to act as, Chairman
(TRICK: Art 95 (Part V) + Art 89: Art 184)

Article 185: The Chairman or the Deputy Chairman not to Preside while a Resolution for his Removal from office is under
Consideration (TRICK: Art 96 (Part V) + Art 89: Art 185)

Article 186: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman (TRICK:
Art 97 (Part V) + Art 89: Art 186)

Article 187: Secretariat of State Legislature (TRICK: Art 98 (Part V) + Art 89: Art 187)

Article 188: Oath and Affirmation by Members (TRICK: Art 99 (Part V) + Art 89: Art 188)

Article 189: Voting in Houses, Power of Houses to act notwithstanding Vacancies and Quorum (TRICK: Art 100 (Part V) + Art
89: Art 189)

Article 190: Vacation of Seats (TRICK: Art 101 (Part V) + Art 89: Art 190)

Article 191: Disqualification of Membership (TRICK: Art 102 (Part V) + Art 89: Art 191)

Article 192: Decision on Questions as to Disqualification of Members (TRICK: Art 103 (Part V) + Art 89: Art 192)

Article 193: Penalty for Sitting and Voting before making Oath or Affirmation under Article 188 or when not Qualified or
when Disqualified (TRICK: Art 104 (Part V) + Art 89: Art 193)

Article 194: Powers, Privileges, etc., of the Houses of Legislatures and of the Members and Committees thereof (TRICK: Art
105 (Part V) + Art 89: Art 194)

Article 195: Salaries and Allowances of Members (TRICK: Art 106 (Part V) + Art 89: Art 195)

Article 196: Provisions as to Introduction and Passing of Bills (TRICK: Art 107 (Part V) + Art 89: Art 196)

r
In case of Ordinary Bills, Legislative Assembly has more power in comparison to Legislative Council

Bill passed to
1st Case: LA > LC Governor
When Bill originates in Legislative Assembly
Bill passed to
2nd Case: LA 2 LC > Governor
↑

>
Bill returned to It can delay the bill for maximum of 4 months, which is 3
months in first instance and 1 month in second instance
 ↑
When a bill originates in the Legislative Council, and the Legislative Assembly, says no, the bill lapses, and there is no
provision of Joint Sitting in Part VI

Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills (TRICK: Art 108 (Part V) + Art
89: Art 197)

↑
The article states that if a bill, other than a money bill, has been passed by the Legislative Assembly and transmitted to
the Legislative Council, and the Council has certain restrictions, it can:-

(1) Rejects the bill; or

(2) Does not pass the bill within a period of three months from the date of its receipt; or

(3) Passes the bill with amendments to which the Legislative Assembly does not agree (The legislative Council cannot
further delay or block a bill, and the decision of Legislative Assembly must be considered final)

Article 198: Special Procedure in Respect of Money Bills (TRICK: Art 109 (Part V) + Art 89: Art 198)

LA 2 LC Governor
> 7

↑
A bill can only originate in LA
-
LC only has recommendatory power for amendments, it cannot make any recommendation on Money Bill (however, if
the bill is passed by Legislative Assembly and sent to legislative council for review, the Legislative Council has 14 days
to return the bill to LA with recommendations

Article 199: Definition of Money Bill (TRICK: Art 110 (Part V) + Art 89: Art 199)

Article 200: Assent to Bills (TRICK: Art 111 (Part V) + Art 89: Art 200)

Veto Power
-
Absolute Veto: Bill rejected Cannot be rejected for the 2nd time
Suspensive Veto: Bill returned Assent is mandatory in returned bill (not in case of Money Bill)

...
Pocket Veto: No reaction

Article 201: Bills Reserved for Consideration

A governor can reserve the bill for the President State Legislature

No work of Governor here

Article 202: Annual Financial Statement (TRICK: Art 112 (Part V) + Art 90: Art 202)

Article 203: Procedure in Legislature with Respect to Estimates (TRICK: Art 113 (Part V) + Art 90: Art 203)
Article 204: Appropriation Bills (TRICK: Art 114 (Part V) + Art 90: Art 204)

Article 205: Supplementary, Additional or excess Grants (TRICK: Art 115 (Part V) + Art 90: Art 205)

Article 206: Votes on Account, Votes of Credit and Exceptional Grants (TRICK: Art 116 (Part V) + Art 90: Art 206)

Article 207: Special Provisions as to Financial Bills (TRICK: Art 117 (Part V) + Art 90: Art 207)

Article 208: Rules of Procedure (TRICK: Art 118 (Part V) + Art 90: Art 208)

Article 209: Regulation by Law of Procedure in the Legislature of the State in relation to Financial Business (TRICK: Art
119 (Part V) + Art 90: Art 209)

Article 210: Language to be used in the Legislature (TRICK: Art 120 (Part V) + Art 90: Art 210)

Article 211: Restriction on Discussion in the Legislature (TRICK: Art 121 (Part V) + Art 90: Art 211)

Article 212: Courts not to Inquire into Proceedings of the Legislature (TRICK: Art 122 (Part V) + Art 90: Art 212)

Article 213: Power of Governor to Promulgate Ordinances during Recess of Legislature (TRICK: Art 123 (Part V) + Art 90:
Art 213)
EMERGENCY AMENDMENTS
 Emergency Provisions
Three types of Emergency
Part XVIII; Art 352-360
National Emergency

...
:
State Emergency President’s Rule applicable
State Emergency not written in the Constitution 7
Financial Emergency

National Emergency
Art 352
Max time: can be extended for indefinite period
On grounds of: War, external aggression, armed rebellion

C
Approval: 1 month by Special Majority. If approved by the President, it can initially be imposed for six months

SS
LS RS Re-approval: 44th CA
Revoked by: President
LS can revoke National Emergency only by Simple Majority
Use of Article 356
Effects
For the 1st time President Rule was imposed in
R
Fundamental Rights
Punjab in 1951
Manipur has undergone maximum number of
President Rule
A
In Uttar Pradesh, President Rule was imposed 9
Art 358 Art 359 times
RM

Art 19: 6 FRs under Right to move the

Art 19 are suspended court is suspended

Provisions of National Emergency

Suspension of FRs during taken from GOI ACT 1935
National Emergency taken
from Weimar Constitution of
PA

Germany

·
Proclaim: President takes Cabinet’s approval 44th CA

Term introduced under Art 352 by 44th CA

Rights under Art 20 and 21 can never be suspended during National Emergency

** If there is external aggression in any part of India, national emergency can be proclaimed
** The President of India can declare a National Emergency before war or external aggression, if they are satisfied that the
safety of India is threatened
 I
Rights under Art 19 cannot be suspended when National Emergency is imposed on grounds of Armed Rebellion

Armed Rebellion 44th CA Not beyond judicial review

↑
The term Internal Disturbances changed to Armed Rebellion under 44th CA

Executive
Centre can give directions to State on any matter

C
Legislature
Parliament can make law on any subject of State list subjects

SS
Can remain for Minerva Mill Case
6 months
·

Imposition of NE is subjected to
Judicial Review

Life of LS
-

Can be extended for 1 year 3 Approval required every year

R
I

Max. time: Indefinite period

National Emergency imposed in India 2 3 times

25th June: Samvidhan Hatya Diwas
A
1962: China War (Oct 1962-1968) Then PM: J L Nehru
-

&

1971: *
Pakistan War War
India-Pakistan Then PM: Indira Gandhi
1975: Internal Disturbances (during Indira Gandhi) ; Then President: Fakhruddin Ali Ahmed

:
RM

Art 355: Imposes a duty of Centre to ensure that the government of every State is run in accordance with
provision of the Constitution Also known as President’s Rule/State Emergency/Constitutional Emergency

Art 356: President’s Rule ·

State Emergency in case of failure of Constitutional machinery
Emergency

On grounds: Empowers the President, if the government of the State cannot be carried in
accordance to the provisions of the Constitution
PA

When the State fails to comply with any direction from Centre

Proclaim: President of India Can be done only after cabinet approval (44 CA)

Approval: From the Parliament 2 months + Simple Majority (

Article 355 act as the foundation for the
If approved: continues for 6 months centre to intervene in a state under Article
Max time: 3 yrs 356 when necessary, creating a clear

#
Repeated approval: 44th
44t CA
CA
correlation between two provisions

Revocation: Any time by the President, no need of Parliamentary approval

I
If LS passes a resolution through Simple Majority
 Effects
No effects on Fundamental Rights

:..
Council of Ministers dismissed
State Legislature is suspended/dissolved

S. R. Bommai v. Union of India case

· Article 365 : Whenever a state fails to comply with or to give effect to any direction from centre

-
State Emergency was first used in: Punjab in 1951 and maximum time applied to: Manipur (10 times) and

C
Uttar Pradesh (9 times)
Approval

Financial Emergency
↑
Must be approved by both the Houses of Parliament with a simple majority within 2 months from the date of its issue

SS
Art 360

=
s
Never
If=>

Thoughts
imposed
approved it continues for 6 months and can be extended for a maximum period of 3 Years
2 months approval from date of its issue Parliament Special Majority
< of B. R. Ambedkar on Article 356: He stated that it should be used as a last resort and as a means of final

recourse

S. R. Bommai Case (1994) National Emergency, if approved by both the Houses, it can

↑ President rule is subject to Judicial Review

R &

continue for 6 months and can be extended to an indefinite

period with an approval of Parliament for every 6 months
A
Committees that deal with Centre-State Relations
Sarkaria Commission: 1983
· Punchhi Commission: 2007
RM

Financial Emergency

Proclamation

Article 360 empowers President to proclaim a Financial Emergency if he is satisfied that financial stability of India or

:
any of its part has been threatened
It is approved by the Parliament within 2 months by a Simple Majority (same as President’s Rule)
PA

No Financial Emergency has been imposed till now

During the Financial Emergency, the President can ask the States to reduce the salaries and allowances of all or any
class of person in government services
 Parliamentary Committees
&

The Committee scrutinises and reports to the House whether the powers to make regulations, rules, sub-rules,
by-laws, etc.

i
Permanent Committee
-

Standing Committee
↑

Cannot be scrapped
Constituted periodically

C
Temporary Committee
Ad Hoc Committee
Can be scrapped

SS
Not been setup for Govt. Assurance

Financial Committee

Public Accounts Committee

L
R
Estimates Committee
&

Committee on Public Undertakings

A
Similarity: No Minister can be a member (only private members)

I Term of members: 1 yr Same for President, RS, VP

RM

Election: Proportional Representation + STV

Appointed/elected by the House or nominated by Speaker/Chairman

Work under the direction of speaker/chairman

1st Railway Minister of

Differences independent India
PA

Public Accounts Committee Estimates Committee Committee on Public Undertakings

↑
GOI ACT 1919, 1921 Was formed on recommendation of Established: 1964
Strength: 22 15 (LS) John Matthai On recommendation of Krishna
7 (RS) Constituted in 1950 Menon Committee
↑ Function: To examine the Strength: 30 members + all from Strength: 22 15 (LS)
audit reports of CAG LS 7 (RS)
RS has no representation Chairman is from LS
Function: To examine estimates
I

Function: To examine reports and

.
1956 accounts of Public Undertakings
25 >
a
30
1930 included in budget
-
Chairman is from LS
1974
15 22
Departmental related Standing Committees

Permanent Committee
24

16 (LS) 8 (RS)

Members: 31

I C
21 (LS) 10 (RS)

SS
Committee on Private Members Bill
Chairman: Deputy Speaker of LS
Speaker is Chairman of: j
Deputy Speaker is a member of: Committee on Private
Business Advisory Committee Members Bill (He automatically becomes the Chairman of any
Rules Committee Committee he/she is appointed as a member of)
General Purpose Committee
R
A
Official Language Act 1963
Official Language Committee 1976
Members: 30
RM

20 (LS) 10 (RS)
Keshavnanda Bharti Case 1973
Only 2 types of Amendments
Constitutional Amendments
Amendments: Part At20; Art 368
XX
The Parliament can amend anything except Basic Structure of Constitution
PA

Not mentioned in
Constitution

It can be introduced by Minister ·

of
or aprivate
Privatemember
member
Procedure
Introduction: The Constitutional Amendment Bill can be introduced in either House of
the Parliament (LS/RS) but not in State Legislature

It does not require prior permission of the President for introduction

 The bill needs to be passed by Special Majority

I
Summoned by: President
-

No jointde
setting is possible
sitting
Presided by: LS Speaker

The President must give his/her to Constitutional Amendment Bill No VETO power can be
used

Provision: 24th CA, 1971

C
=
*
Comments on Amending
K C Wheare Procedure
said: The Constitutional Amendment of India strikes a good balance between rigidity and flexibility

This variety of amending process is wise, but rarely found: K. C. Wheare

SS
V
The amending process has proved itself one of the most ably conceived aspects of the Constitution: Granville
AustinConstitutional Amendment is neither as difficult as in USA nor as easy as in UK

R
A
⑤
ATLEAST
STATE
>
RM

Art 4

Important Amendments
PA

Special Majority: In Parliament

State ratification: Through Simple
-
100 CA: India-Bangladesh land boundary agreement
Majority
↑
101 CA: GST
↑
102 CA: National Commission for Backward Classes (NCBC) Constitutional states
103 CA: Economically Weaker Section (EWS) 10% reservation given
: 104 CA: Removal of Anglo Indians nomination from Lok Sabha and state assemblies
105 CA: It restored the power of state government to identify the Socially and Educationally Backward Classes (SEBCs)
· 106 CA: 1/3rd seats in LS/LA reserved for women
 All through Simple Majority

C
SS
R
A
RM

Special Majority
2/3rd present and voting + 50% of total membership
PA

[
Fundamental Rights
DPSP
Fundamental Duties

Special Majority with Ratification of at least Half of the States

Election of President and its manner Elected MLAs + MPs
Any list in 7th Schedule and its manner Subjects
Representation of states in the Parliament RS or LS
SC or HC
Distribution of LS powers
Art 368
 SUPREME COURT AND HIGH COURT

C
SS
R
A
RM
PA
 Supreme Court
/

Art 124-147

·
Part V CJI

i
Originally: Constitution
SC strength: decision
1 CJI + 7on 8SCjudges
strength = 1 + 7 8 judges
Art 124 At present: 32 judges
1 Strength of judges Maximum possible strength is 34 judges (1 CJI + 33 judges)
g
#
Basic Pointers

·
2 President appoints every judge of SC Judiciary in India is integrated Judiciary is independent

C
Establishment and constitution of SC
Appointment Supreme Court
Appointment: Judges are appointed by The Supreme Court replace the Federal Court and the
President after consultation After
with existing Judicial Committee of Privy Council after India gained
Max age consultation of

SS
SC and HC judges independence
judges of SC 1st sitting: 28 Jan 1950
Appointment and
Tenure: Judges serve until the ageHCof 65
Chief Justice of India Federal Court
Established on: 1937 under the provisions of GOI Act 1935
Judges Case Appointed by President
1st Judges Case: S. P Gupta Case (1992)
Other
SC stated that the judgesmust take recommendation from CJI of India, which
President
is not binding onRecommendation of CJI
the executive, granting
Max age: 65 yrs
↑
theisgovernment
R
mandatory significant discretion
The Parliament replaced the
collegium system by National
2nd Judges Case: 1993is no minimum age for the appointment of judges
There

:
A
The SC introduced the Collegium System, holding that “consultation” really meant Judicial Appointments Commission
“concurrence”. It added that it was not the CJI’s individual opinion, but an1st female judge of(NJAC) through 99th CA to
SC: Justice Fathima Beevi
Nowhere
institutional opinion formed in consultation mentioned
with two seniorinmost judges in1stSCfemale provide recommendation to the
and Chief Justice of SC: No one till now
the decision was binding on PresidentConstitution President
RM

Collegium System
1
Group of judges whose recommendation President takes while appointing a judge/Chief Justice of
3rd Judges Case: 1998
SC/Chief Justice of HC
SC on President’s reference expanded the Collegium to a five member body,
comprising the CJI and four of his senior most colleagues Decision of the
Collegium was binding on President
Argument between Parliament and judges
4th Jugdes Case: 2015
Case: Judges Case (total: 4 cases)
PA

SC declared 99th CA as unconstitutional and null and void, and replace the NJAC
with Collegium System
1 President must take recommendation from CJI of India (not his sole decision) 1982 (S. P. Gupta Case)

2 (a): A judge may, by writing under his hand, addressed to the President, resign his office
2 Recommendation of CJI + 2 more judges 1993
2 (b): Judges to be removed in manner provided in clause (4)
3 Recommendation of CJI + 4 more judges 1998 2015 Judicial Appointment Case
S
4 SC invalidated, the National Judicial Appointments Commission act and 99th Constitution amendment
1st female judge of SC: Justice Fathima Beevi
Art 124 NJAC NJAC act ofof2014
1st female Chief Justice SC: Noreplaced the Collegium system
one till now
2 (a) Resignation in return to President of appointing SC and HC judges with NJAC
2 (b) Judges to be removed in manner provided in clause (4) A However both were later declared as

unconstitutional and void in the 4th Judges Case

3 Qualification

·
5 yrs Judge of any HighofCourt

&
(a) Has been 5 years a judge HC or two or more such courts
/

OR
(b) Has been at least 10 years an advocate of a HC or or more Citizen of India
10 yrs
such↑

courtsAdvocate
and of any HC
=>He Isshould
(c) ↑
beORa distinguished
a distinguish jurist inofthe
jurist in the opinion theopinion of President
President

4 Removal of a judge

·
Removal by
of President, on on
a judge of SC theground
basis of misbehaviour
resolution passed by Parliament
or incapacity
-

#
Removal Method

C
Order of President
Judges Inquiry Act, 1968

=
↑

Lok Sabha: 100Passed by an address of each House of the

members

SS
-

Rajya Sabha: 50Parliament

members Then presented to Presiding Officer

me
Special Majority (2/3rd of present and voting
V members)
3 membered commission
-
>
If passed, then removal of judges can happen on the basis of Special Majority
Removal on grounds of: R Removed
I
Proved misbehaviour
-
Incapacity
A
#
55 They take oath can
The parliament before thelaws
create President
to establish procedure for investigating and providing judge’s misconduct or incapacity
under clause (4)
66 They
They cannot do before
take oath privatethe
practice once has been placed as a judge of Supreme Court
President
RM

7 A former SC judge cannot practise law in any court or before any authority within territory of India

Art 125
-
Salaries: Determined by Parliament
-

Law on privileges and salaries: Determined by President

·
Art 126
Difference TheisPresident
vacant, or may
if theappoint
Chief acting
PA

Appointment of acting Chief Justice When the position of Chief Justice

3
Vacancy Chief
Justice is unable to perform their Justice
duties due to absence or other
Chief Justice N

reasons, the President appoints another judge from SC to carry out

Art 127
When his seatofisChief
responsibilities not there (vacant)
Justice
Appointment of Ad Hoc Judges
-

:
Ad Hoc
The CJI of India can can appoint a qualified HC judge as temporary SC judge when there aren’t enough
judges to hold a session When the office/judge is absent
-

He/she may have all the powers, jurisdiction, privileges of SC judge during this period
- CJI, after taking advice from the
President may appoint some Ad
Hoc Judges from High Court
 Art 128
Attendance of retired judges at sittings of SC

:
On advice of President

Art 129
Supreme Court to be court of record It means that it’s decision is preserved as legal standards, and it has
the authority to punish for “contempt of itself”
Art 130

C
Refers to Court’s authority
Seat of Supreme Court
to penalise action that
disrespects or disobey its
orders

SS
Constitution declares Delhi as a seat of SC
If CJI wants to declare any other seat of SC,
other than Delhi, it has to take President’s
permission
Article 131A
↓
It was introduced by 42nd CA, 1976, which
Art 131
granted SC exclusive authority to determine
Original jurisdiction of SC

SC has the power to directly hearessay

cases,not
rather
R
Also exclusive (No other court can deal)

than by
I
the constitutional validity of Central laws
However, this was repealed by 43rd CA,

-
Directly approach necessarily 1977
A
through lower the
courts
way of appeal

Disputes
Between GOI and one or more states
RM

Between GOI and any state or state one side or one or more state on other side
&
Between two or more state

Art 132
I

Appellate jurisdiction of SC by way of appeal from HC in certain case

PA

In Constitutional matters

Art 133 -
Art 134: Appellate jurisdiction of
↑

Appellate jurisdiction of SC in civil matters (property, marriage, divorce) Supreme Court in regard to
criminal matters
Art 135
Jurisdiction and powers of federal court under existing law to be exercisable by the Supreme Court

Art 136 Not a privilege

Special leave to appeal by SC
A person can approach SC if no proper justice
granted in lower court
Art 137
Review of judgements or orders by SC

!
SC has power to review his own orders
=>
or bench of judges

Art 138

C
Parliament by law can enlarge the jurisdiction of SC

Art 139

SS
-
SC
>
SC can
warranto
issue
has the
and
writs
power on cases
to issue
Certiorari, or any of
of violation
directions, orders or of
them,
than that, must permission of parliament for any
Fundamental
writs, including writsRights
purposes other than those
and inof cases
in the nature
mentioned
Habeaswhen
in
Corpus,wants
clause (2) of Art
to issue
Mandamus,
32
writs, other
Prohibition, Quo

Art 140
Ancillary powers of SC

Can support or help Legislature to

make law better
R
A
Art 141
Law declared by SC to be binding on all courts

Art 142
RM

Enforcement of decree and orders of SC eg: in Bhopal Gas Tragedy,

December 3, 1984, which was
caused due to Methylisocyanate
Violation of separation of power not strict in India
(Company: Union Carbide)
U
Judicial Activism: The exercise of the power of judicial review to SC used Art 142 and passed certain
set aside government acts decree
PA

Art 143
Power of President to consult SC

Advisory jurisdiction

President can go to SC:

If pre-constitutional matter SC advice is mandatory, but not binding on President
If matter of general importance SC advice is not binding

=
Art 144
Civil and judicial authorities to act on aid of SC
 TRICK Art 144
↑

Civil and judicial authorities to act in aid of SC

/

SC: Art 124 SC

ne Art 145
S: Art 125 Salaries ↑
Rule of Court, etc

:
↑ A: Art 126 Acting# judgesJustice
Chief >
-
SC can set its own set of rules for how it operates, as long as
↑
A: Art 127 Ad Hoc term these rules are approved by President and do not conflict with
R: Act 128 Retired judges attendance laws made by the Parliament

C
C: Art 129 Court of record
Art 146
ko
This article outlines the management of SC staff and their
Seat: Art 130 Delhi as a seat of SC
expenses
↑

SS
↑
Offer: Art 131 Original jurisdiction
ka Appointment: CJI of SC appoints the Court’s, officers and staff
Art 140: Ancillary powers

%.·
Service Conditions: CJI set the rules for staff employment terms,
Art 141: Binding Law
such as salaries and leaves
Art 142: Complete jurisdiction
Art 143: Advisory
R Expenses: The SC operating cost, including staff, salaries, and
pensions are paid from Consolidated Fund of India

High Court Art 147

Part VI Interpretation
A
⑭
Art 214-2371 The Indian Constitution clarifies that when interpreting the
constitution, any significant legal question should also be
Art 214 considered:
The GOI act, 1935, including its amendments
RM

Establishment of High Court

Orders made under 1935 Act
The Indian Independence Act 1947
Art 215
Orders issued under 1947 Act
I

HC to be court of record
Allahabad HC estd in: 1866
Art 216
Constitution of HC One Chief judge, and other such judges as Parliament may decide
PA

Art 217
Appointment of judges Done by President’s consultation, such other judges as President may feel
necessary
Collegium Max age for HC judge: 62 years
Basic Pointers (HC)
Resignation to President
Proved misbehaviour ↑
1st HC: Calcutta HC (1862), Later:
Bombay HC (1862), Madras HC (1862)
Removal same as judge of SC 1st female judge of HC: Justice Anna
Incapacity
-

Chandy (of Kerala)

Qualification > No provision of distinguish jurist 1st female Chief Justice of HC: Justice
10 years advocate of HC Leila Seth (of Himachal Pradesh)
Has heldORjudicial office for 10 years No of High Courts in India: 25
Has held judicial office for 10 years
 Art 218
I
Application of certain provision (provisions, both in SC and HC)
Judges (Inquiry) Act, 1968
Art 219
-

Oath and affirmation -

>
Governor

Art 220 Restrict formal HC judges from practising law in any

↑
Restriction on practice after being a permanent judge court or before any authority in India, except the
Supreme Courts and other High Courts

C
Art 221
Salaries Consolidated Fund of States Salaries, allowances, leaves and pension
3
>

(Pension >Consolidated Fund of India) rights are determined by Parliament

SS
Art 222
-
Transfer of judges >
- by President after consultation with CJI

Art 223
When the position of Chief Justice is vacant/unable to
num
Appointment of acting Chief Justice
judges

:
perform any duties due to absence or other reasons, the

-
>
Art 225
Jurisdiction
R
President can appoint another judge from the same
High Court to act as Chief Justice
A
Original >Election of dispute MPs/MLAs by HC
I

Appellate
/

Writ
Governor does not need advice
RM

Art 226
I
Writ jurisdiction of HC (wider than SC -
>
HC can issue writs on legal + Fundamental Rights)

HC may refuse to issue writ, but SC cannot

Art 227
PA

Power of jurisdiction over all other courts

Art 228 Transfer of certain cases to High Court

&
*
Art 229 Officers and servants and the expenses of High Courts By CJI of HC

Art 230
Extension of jurisdiction of HC to Union Territories
I -
> Power of Parliament
>
-
Andaman and Nicobar Calcutta HC
Lakshadweep Kochi (Kerala HC)
2Dadra/Daman Maharashtra HC
Puducherry Madras HC (Tamil Nadu)
- Chandigarh Punjab and Haryana HC
Art
Art 231
> 234
I
Establishment of common HC for two or more states (7th CA) Arunachal, Nagaland, Mizoram, Assam,

-
-
> eg: Maharashtra and Goa have
has aacommon
common HC >Maharashtra
Maharashtra
-

have a common High Court Guwahati

Art 233
Art 233A
I
Appointment of·
distinct judges
District (
Validation of appointments of, and judgements, etc., delivered by,
certain district judges
By Governor after consulting HC

C
Art 234
/
Recruitment of persons, other than judges

SS
Art 235 * Inaugural session of Supreme Court: 28 January 1950

The Indian Constitution grants HC supervisory authority over subordinate

courts within its jurisdiction
TRICK
N: X
↑

H: 214 Estd. of HC
-

I
R: 215 Court of record
-

C: 216 Constitution
-
R
A: 217 Appointment
-
A
/

A: 218 Application of certain power

: O: 219 IOath
R: 220 Restriction
: E: x
RM

S: 221 Salary -

T: 222 Transfer
-
>

Comptroller and Auditor-General of India

&
Art 148: Comptroller and Auditor-General of India

(
Art 149: Duties, and power of Comptroller and Auditor-General
PA

S
Art 150: It specifies the accounts of Union and the States

S
Art 151: Audit Reports
Union Accounts: CAG submits reports on Union’s account to President who then present it to both
Houses of the Parliament

State Accounts: CAG submit reports to respective State Governors who then present it to State
Legislature
 C
Panchaya t and Muncipali ties

SS
R
A
RM
PA
 Evolution of Panchayati Raj
Local Self Government
Balwant Rai Mehta Committee, 1957
-

Art 40: DPSP (non-justiciable)

: I
Recommendation:
Panchayat Formation3-tier Panchayati Raj System
Committees ↓
first State to follow Panchayat Raj:
-

* Balwant Rai Mehta Committee, 1957 nd

Rajasthan 1st establish Panchayati RajRajasthan, Nagaur on 2 Oct 1959

C
-

At Nagaur, on 32 tier
Recommendation:
-
Octsystem
1959=
and Andhra Pradesh-
11 Oct 1959 ↓
X ↓
Ashok Mehta Committee, 1977 -

SS
But this wasn’t at first
Village
Proposed: Intermediate Raj System
2-tier Panchayati District

-
G.v.K Rao Committee, 1985 Now, justiciable by 73rd CA
/
Ashok
-
Mehtathe
Reviewed Committee,
working1977
of Constitution in relation to the working of the
Panchayats and Municipalities
Recommendation: 2 tier system -
-
-
-
Greater emphasis on Gram Sabha
R
No need of intermediate level
1

-
L M Singhvi Committee, 1986
Recommendations: The Panchayati Raj institutions should be
LM Singhvi Committee, 1986 protected, and preserved
A
/
e
constitutionally, recognised,
On revitalisation of Panchayati Raj system
I
Thungon Committee, 1988
RM

th
National Voters Day: 25 Jan
~ GadgilCommittee
Thungon
-
Committee, 1988
/
Gadgil Committee
-

73rd Amendment Act, 1992

Part IX A added
- ECI establishment

Constitutional Amendment 74rd CA: Urban Local Government

-
L

2)
rad
73 CA: 1992 (11th schedule) (12 schedule) - Art 243P-243ZG
PA

+
↓
Introduced
Enforced: 24through: 73rd Amendment
April 1993 29 subjects Act, 1992
↓
-

Part IX, Article: 243-243O

↓ 29th Fundamental functions
↑

18 subjects
Schedule:Panchayati
11th

-
Raj Diwas, 2010 Municipalities (Nagar Palika)
24th April 1993: Enforced
Then PM: P. V. Narasimha Rao
24th April 2010: Panchayati Raj Diwas
Part IX added PM: PV Narasimha Rao
 C
· ↓
Definitions
(a) District: A district in a state

SS
(b) Gram Sabha: A body consisting of persons registered in the electoral rolls within the area of
Panchayat at village level
(c) Intermediate level: Level between village and district levels specified by Governor
(d)Defines “Gram
Panchayat: Sabha” ·
Any institution and
which
of people
means the people
self-government constituted under Art 243B, for rural areas
(e) registered in electoral
Panchayat Area: rollsarea of Panchayat
The territorial
(f) Population: Population as ascertained at last preceding Census
(g) Village: A village specified by the Governor
R
A
↓
RM

Power and functions determined by

State Legisture
PA

· Constitution of Panchayat
-> Implementation of 3-tier
Panchayati Raj System

(1) Constitution of 3-tier Panchayati Raj system

(2) Panchayats at intermediate level not to be constituted in a state having a
population not exceeding 20 lakhs
 3 tier Intermediate level

Village Level Block Level District Level

C
SS
I Intermediate level
Gram Panchayat Panchayat Samiti Zila Parishad

↓
Gram Gram
R
Nyaya
This 3-tier system is not mandatory in every
Sabha Panchayat Panchayat
A
state i.e. population <20 lakhs
-
will run on 2- --

↓
tier system
-

↓
RM

<2 million
Intermediate wala nahi rahega
ex: Sikkim
-

e
PA

Village Level -

->
Direct and Indirect
-
election, determined by
State Legisture

·
Chairman
At
e
District level
District and
Intermediate
Village level
Elected through indirect elections
level Intermediary level
Elected through direct/indirect elections
Saari seats direct election se bharengi
except chairman seats: Indirect
election
 C
#
↓

SS
Reservation on chairperson level
->
(1) Reservation of seats:-
(a) Scheduled Caste In proportion of their population
Seats Reservation

..
(b) Scheduled Tribes
Scheduled Tribes
: Population ke proportion main
Scheduled Caste
R
reservation
A
RM

↓
- Reservation on chairperson level
(2) Not less than 1/3rd of the total number of seats shall be
PA

reserved for woman Reservation on 1/3rd of seats of Panchayati

·
Raj institutions
Seatsand 1/3rd offices of Chairperson at all level
Reservation

↑ Women - -

1/3rd everywhere
 C
·
↓
(1) Duration of Panchayats: A 5-year term, unless dissolved earlier by applicable laws

SS
(3) Election Timeline
(a) Before the end of its 5-year term
(b) Dissolution: if Panchayat is dissolved before its term ends, election must be held within 6
months ofDuration:
-
5 yrs
dissolution date (if remaining term is less than 6 months Election not mandatory)
(4) Term of reconstitution: Panchayat formed after early dissolution will serve only for the
remainder of original term

ex:
--

1 Jan 2020 -
1 Jan 2025
R
I
20 Nov 2024 Less than 6 months Election not mandatory
A
-
:i --

. .

(Dissolution)
RM

-
1 Jan 2024 ' More than 6 months --

Election mandatory
(Dissolution)
↓

*I
Dissolving power:-
Zilla Parishad
Zila Parishad

Dr
Zilla
New Panchayat formed: will serve

a Parishad
remainder of the term
State govt. can dissolve
PA

↓
Disqualification provisions
 C
SS
↓
Law made by State Legislature can cause
disqualification
I Min age: 21 yrs (cannot be disqualified if he
-

is <25 yrs)
R
A
RM

*
High Court: Election disputes of MP/
MLAs

State Legislature
PA

I
↓
Has all powers of
Panchayat

Disqualification is decided by such authority as determined by State Legislature

-
Election: State Election Commission
 C
↓
·
SS
State legislature give powers and responsibilities to Panchayat to manage their own affairs. This
includes:-
(a) Creating
State developmentpower
Legislature plans for
de economic
sakta haigrowth and social ko
Panchayat welfare of their communities
(b) Running government schemes to implement programs related to areas like agriculture, education,
to function
housing, as a as
water supply, Self-government
listed in 11th Schedule of the Constitution
R
A
↓
·
State legislature can authorise the Panchayat:-
To levy, collect and appropriate taxes, duties, tolls, and fees, grants-in-aid and establishment of
RM

funds for Panchayat to deposit and withdraw money, ensuring proper financial management
Panchayat ko power dena to add
tax, funds
PA

↓
·
State Finance Comm. removal
- -
Proved misbehaviour
Constitution of Finance Commission . Incapacity

-> Under 73 CA,1992

rd
Establishment by: Governor
- N

(Not binding) Every 5 yrs -

 -
The State Legislature ensures financial transparency and accountability of
Panchayats by requiring them to maintain proper accounts and have them audited

C
regularly

·
SS
I(1) All elections of Panchayats conducted by: State Election Commission
The State Election Commissioner Appointed by the Governor

(2) The condition of service and tenure of office of State Election Commission
R 2 determined
by Governor
-
e
Elections: Conducted by State Election Commission
State Legislature

·
A
Appointment: Governor
-

Removal: Same as a judge of HC

-
RM

& Provisions of Part IX of the Constitution which deals with the Panchayats, shall apply to
UTs with certain modification and exceptions

·
PA

PESA Act, 1996

↓
Panchayat Extension to scheduled
areas

↓
·
(1) Art 243M exclude certain areas, like tribal regions, and some
North-Eastern states, from the Panchayat system to respect
ex: North-East areas
(2) Nothing in this Part shall apply to:-

-
their unique governance traditions, and local customs. However,
Scheduled areas main apply nahi
provisions can be extended to these areas with necessary (a) Nagaland, Meghalaya, Mizoram
-

honge,
modification only
through possible
specific laws with certain (Panchayati Raj system do not exists)
modifications
(b)Also,
W Hill areas
in all of
UTsManipur
except (District
in Delhi Councils
where
** Delhi is the only UT where provisions of the exists here)
it does not exists
Panchayats are not applicable
 Art 243N ensures a smooth transition to the new Panchayati Raj system by allowing old
&

C
laws to remain temporarily valid, while the State makes necessary changes to comply with
updated constitutional framework

·
SS
↓
(a) Courts cannot interfere with the process of defining Panchayat constituencies, or
assigning seats

(b) Panchayat elections cannot be challenged casually; they can only be disputed through
Electoral matters
properly legal main
procedure aftercourts
R
interfere nahi kar sakte
the elections

TRICK
A
-

-
Direct
Assembly
RM

I I

Kaise banegi Panchayat?

Indirect
I

Composition
I
-

I I

I
Dalit Reservation
Duration 5 yrs (letter E: 5)
⑰

9 D

I
Fail Disqualification B

I
Goli khate power, responsibility
I
House tax
I

Income Finance Comm.

-
PA

D
I

I
Lieutenant Governor in UTs
N

Modifications

PESA (Panchayats (Extension to Scheduled Areas)) Act 1996

Provisions of Part IX relating to Panchayat are not applicable to the 5th Scheduled Areas
:
Parliament may extend these provisions to such areas subject to certain modifications

BHURIA COMMITTEE RECOMMENDATIONS

-
It conferred absolute powers to Gram Sabha to ensure tribal self rule for people living in scheduled areas
Municipalities (Urban local government)

Introduced through: 74th CA, 1992

:
Part IXA, Art 243P-243ZG
Under: 12th Schedule 18 Functional subjects

First Municipal Corporation was set up in Madras in 1687-88

1870: Lord Mayo presented resolution of financial decentralisation

Ripon’s resolution of 1882: Magna Carta of Local Self Government

He is known as “Father of Local Self Government”

There are 8 types of Urban Local Government:-

Municipal Corporation

I
Municipality
Notified Area Committee
Cantonment Board (Military)
Township
Town Area Committee
Port Trust
Special Purpose Agency

3 Types of Municipalities

Nagar Panchayat: For a Transitional Area

All sears are filled through direct elections
Municipal Council: For a small Urban Area
Elections conducted by: State Election Commission
Municipal Corporation: For a larger Urban Area
CONSTITUTIONAL BODIES
 Bodies

Constitutional Statutory Non-Statutory/Executive

Mentioned in Constitution Created by a Law Created by any Executive

(mention under any resolution/Resoltution of
Article) Government

Election Commission of India Election Commission of India (ECI)

Originally: Single-membered body

Article 324-329 (Part XV)
~

i
61st Amendment Act, 1988
Permanent and Independent body ~

Voting age decreased: From 21 to 18

Not concerned with the election of Panchayat & Municipality 1989: ECI became a multi-membered body
Composition: Chief Election Commissioner + 2 other Election
Commissioners
· 1st Chief Election Commissioner: Sukumar Sen
CEC
Appointment: By President
>
-
Art 324: Superintendence, direction, and control of elections to
be vested in an Election
Serve till the pleasure of President >
-
Art 325: No person to be ineligible for inclusion in, or to claim to
Term: 6/65 years
be included in, a special, electoral roll on grounds of religion,
Qualification: Not prescribed by Constitution race, caste or sex
Salary: Same as SC judge =>
Art 326: Representation of People Act
Removal: Same as SC judge =>
Art 327: Power of Parliament to make provision with respect
Power and Functions to elections to Legislatures
Administrative
>
-
Article 328: Power of Legislature of a State to make provisions
with respect to elections to such Legislature
&
Advisory
>
Article 329: Bar to interference by courts in electoral matters
Quasi judicial
-

(
 Union Public Service Commission (UPSC) Removal by President if,
Bankrupt

Ig
Article 315-323 (Part XIV) Present UPSC Holding any office of Profit

!
Independent Constitutional Body chairman: Preeti Unfit
Members Sudan Misbehaviour (by President on recommendation of SC
Composition: In discretion of President through a enquiry board)
Qualification: 1/2 of members must held Govt. office
for 10 years Finance Commission
Term: 6/65 years
Recruitment: All India Services & Central Services; Article 280
Group A and B Quasi Judicial Body (holds the summoning power of a Civil
Known as “Watch Dog of Merit system in India” Courts)
Removal by President if, Composition: Chairman + 4 other members
Bankrupt
I
Holding any office of Profit Constituted by: President (every 5 years)
Unfit Qualification

:
Misbehaviour (by President on recommendation of SC
through a enquiry board)
Chairman 4 others
Experience in: Public A judge of HC/Qualified to
Related Articles
>
-

Affairs appoint HC judge

Art 315: Public Service Commission for the Union and
for the States
>
-

Special knowledge of:

Art 316: Appointment and term of office of members Finance & Accounts of
>
- =>
The members are
Art 317: Removal and suspension of a member of PSC Government and Economics
>
eligible for
Art 318: how to make regulation as to condition of Experience in: Financial
>
-

reappointment
service of members and staff of the Commission Matter & Administration
- Art 319: Prohibition as to the holding of office by
members of commission on ceasing to be such Related Articles
members Art 280: Finance Commission
>
-
Art 320: Function of PSCs Art 281: Recommendations of Finance Commission
Art 321: Power to extend functions of PSCs
Art 322: Expenses of PSCs &
It makes recommendation to the President on the
Art 323: Reports of PSCs Net Proceeds of taxes to be shared between
Centre & State (not binding on President)
State Public Service Commission (SPSC)

Article 315-323 (Part XIV) 16th Finance Commission

Independent Constitutional Body
Members Chairman: Arvind Panagariya 1st Finance Commission
Composition: In discretion of President Full time members 1951
Qualification: 1/2 of members must held Govt. office Shri. Ajay Narayan Jha Chairman: K. C. Neogy
for 10 years Smt. Annie George Mathew 14th FC: Y. V. Reddy
Term: 6/62 years Dr. Manoj Panda 15th FC: N. K. Singh
Recruitment: State Services Part time members
Dr. Soumya Kanti Ghosh
GST Council Special Officer for Linguistic Minority

Added by: 101st CAA, 2016 7th CAA, 1956: Conferred a Constitutional status

It
New Article inserted: Art 279-A Inserted: A new Article 350B (Part XVII)
Union Revenue Secretary acts as the ex-officio Special Officer for Linguistic Minorities
Secretary to the Council Appointed by: President
Composition
Joint Forum of Centre and State Article 350A: Primary level education in Mother tongue

Chairperson: Union Finance Minister

Comptroller and Auditor General of India (CAG)
National Commission for SC’s and ST’s
I
Article 148
Article 338 (SC) & 338A (ST) Head of: Indian Audit and Accounts Department
Constitutional body Created in: 1919 (Statutory body)
Single-membered body
Consists of: Chairperson + Vice Chairperson + 3 other
Appointed by: President
members (All appointed by President)
-

Term: 6/65 years

↑
Removal: By President (same manner as Judge of SC)
89th CAA, 2003 CAG responsibilities
Compile and maintains the Accounts of State Government
(not Central Government)
NCSC (Art 338) NCST (Art 338A) Known as “Guardian of Public Purse”
B. R. Ambedkar mentioned it as “Most important Officer
History under GOI”
Art 338: Special Officer for SC & ST 1st CAG: V. Narahari Rao
: Present: K Sanjay Murthy
Related Articles
65th CA: Special Officer to Commission 148: Comptroller and Auditor General of India (CAG)
149: Duties and powers of CAG
150: Form of accounts of the Union and of these States
89th CAA, 2003 151: Audit reports Submission to President

Attorney General
National Commission for Backward Classes (BC’s)

Article 76
Established in: 1993 Originally: A statutory body
Highest law officer in country
History
Appointed by: President
Mandal Case, 1992
Term: Not fixed by Constitution
SC directed Central government 102nd Amendment Act
Qualified to be a SC Judge
to constitute a permanent of 2018 conferred the
Gives advice to Government in legal matters referred to
statutory body for BC’s constitutional status
him by President
Post of Solicitor General: Created to assist Attorney
The Amendment General
inserted a new Article It is not a Constitutional body
338B in Constitution
 Advocate General of the State Central Vigilance Commission (CVC)

Article 165 Setup in: 1964 (by an Executive Resolution)

I
-:
Appointed by: Governor Establishment was recommended by: Santhanam
I
Term: Not fixed by Constitution Committee
-
Removal: By Governor (any time)
-
Statutory Status in: 2003 (Originally: Neither a
-
Qualified to be HC Judge Constitutional nor a Statutory status)
~
Gives advice to Government in legal matters referred Appointment and Removal: President
to him by Governor
Central Bureau of Investigation (CBI)
Statutory Bodies (created through law)
Executive body
National Human Rights Commission (NHRC) ↑
Setup in: 1963 by an Executive Resolution

Established in: 1993 under Protection of Human

Rights Act, 1993 -
Derives its powers from Delhi Police Establishment Act,
-
Members: Chairman (retired CJI/Judge of SC) + 5 1946
Full time members
Appointed by: President (on recommendation of 6 National Institution for Transforming India (NITI AAYOG)
membered committee)
-

Not eligible for re-appointment under Central/State Executive body

Govt. Created on: 1st Jan 2015 replacing Planning Commission
Tenure: 3/70 years Chairman: PM
“It is watchdog of Human Rights in the country” Governing Council: CM of all states + Lieutenant Governor
of UTs
&
Present chairman: Vijaya Bharathi Sayani Appointed by: PM
CEO: BVR Subrahmanyam
State Human Rights Commission Vice Chairman: Suman K Bery
Provides recommendations to the Government
Setup in: 1993 under Protection of Human Rights Act,

:
1993 Law Commission
-
Members: Chairman (retired CJI/Judge of HC) + 5
Full time members Executive Body
Appointed by: Governor (on recommendation of 6 1st Law Commission: 1955
membered committee) 1st Law Commissioner: M. C. Setalvad (Post Independence)
Removal by: President 1st Law Commissioners: Macaulay (Pre Independence)
Tenure: 3/70 years
1834: Law Commission
Chief Information Commissioner
Lokpal and Lokayukta
Heeralal Samariya
Setup in: 2005 (by Central Govt.)

:
Statutory body Lokpal: for Centre
(
Constituted under: Right to Information Act (2005)
Lokpal and Lokayukta Act 2013 Lokayukta: for State
Tenure: 5/65 years
Not eligible for re-appointment under Central/State
Govt.
~
Lokpal: Chairperson + max of 8 other members

Retired CJI/SC 50% (Judicial

Judge members)
+
50% (SC, ST, OBC,
Current Chairperson
Minority, Women
I
Ajay Manikrao
members)
Khanwilkar
1st Chairperson
Y
Pinaki Chandra Ghose