INDIAN POLITY he polity section has been given vital role to play in the NDA examination. Around 8-10 questions are igied from this section. From the executive section questions are asked from the topics like President, prime Minister and Council of Minister. the legislative portion of polity has been emphasised a lot. Questions have been asked from Parliament, ‘sate Legislature, proceedings of Parliament etc. From the judiciary portion questions are asked from the tpics like Supreme Court, High Court, Lok Adalat ete. Apart from these, some of the important articles the Constitution, fundamental duties, important schedules have been asked. Vv INDIAN CONSTITUTION The British Government regulated the affairs of India by a series of constitutional reforms that were tauly guided towards ensuring colonial governance ialndia The political evolution of India as an independent 1nd sovereign republic has its immediate historical ‘rots in the period of the British rule. Cenain features of our Constitution can better be comprehended, only if we start with the brief tiew of the constitutional set-up in the preceding Prod, Historical Background * The origin and growth of the Indian Constis its roots in Indian histor i Bled rom 1723 onwards, various 2 was posed y the British Government for the governance of India, British Administration in India till 1858 ‘Was mainly that of the East India Company. + The British came to India in 1600 as traders as a pat ht over est Bengal, Bihar and Orissa. The company which began as 2 purely commercial corporation gradually attained the status of a government. + With this increased power there arose the need of regulation of activities of East India Company. This was done by different Act of Parliament. Like Regulating: Act, 1773, Charter Act, , ‘Government of India Act, ete Making of the Constitution + The demand that India’s political destiny should be determined by the Indian themselves had been put forward by Mahatma Gandhi as early as in 1922. The idea of a Constitutional Assembly f = put forward for the First time by MN Roy in 1934. + The demand for Constituent Assembly was first accepted by he Baal in August offer (1990); bat tbe Cancinient— Assembly was set-up in November, 1946 as per the Cabit MS eof Ne TR eee ee eet abe oo — VMewK db ‘Scanned with CamScanner+ On L1th December, 1946 Dr Rajendra Prasad was ‘elected as the permanent President of the Constitutional Assembly. It took almost three ‘years (two years eleven months and cighteen days) to complete its historic task of drafting the Gonatttion for Independent India + On 29th August, 1947, the Constituent Assembly seeap-a Drafting Committee under the “Ghaitnnship of Dr BR Ambedkar to prepare a Draft Constitution for India. Enactment and Enforcement of the Constitution + The Constitution of India was adopted on 23h November, 1949 and the Honourable ‘members appended their signatures to it on that day. In all, 284 members actually signed the Constitution. 26th November, 1949 is also mentioned in the Rreamble as the date on which the people of Tndia adopted, enacted and gave to themselves the Constitution. + The Constitution came jn into force on.26th January, 1950 was specifically chosen as the date of “commtanenent ofthe Cansattion beeause on “his day in 1930, the Poorma Swaray day was “clebraed@ Constitution Committees and their Chairmen ‘S.Nos. Major Committees 1. __Drating Coneitloe = —*> ch January, Chairmen FBR Ambedkar © Aatisory Committee on Fundamental igh 2 Minors, oat ata Steering Commitee 8. Special Commitee to examine Si Ald! Krishna ‘ the Drat Constitution Swamy yer Borrowed Features + From UK (England) (i) Parliamentary System, ‘Minister, (iv) Cabinet System of Ministers, rte Cuscnitn (0) Beane Parlimen, (vii) Provision of Speaker in Lok Sabha, (vii) Council of Ministers responsible to Lower House, (ix) Nominal Head—President. From USA (i) Written Constitution, (i Post of i fundamental Rights, (iv) Supreme Coury, Vice Presiden nos Pest, (¥)Provion of es and (oil) Judicial Review. : ees ave Republic and ideals of liberty, equality and faternity. i) Concurrent List, (ii) Centre-State Relationship ae. Joint siting of two House of Parliament, «From USSR (i) Fundamental Duties and (ii) Ideals of justice (Social, Economical and Political) in the preamble From Germany Suspension of Fundamental Rights during) ‘emergency. + Feom Japan Procedure established by law. From Canada Federal system and Residuary power with : From Cane and advisory furisdieton of Supreme Court + From South Africa Procedure of Constitutional Amendment and election of member of Rajya Sabha + From Ireland Concept of Directive Principles of State Policy (eaginally: it was borrowed from Spain). Mode of cletion of President and nomination of members to Rajya Sabha. Characteristics of Indian Constitution The salient features of Indian Constitution are as follow ‘The lengthiest Constitution in the world Universal Adult Franchise iii, Blend of rigidity and flexibility jv, Parliamentary Government Independent judiciary i. Federal system with unitary features Secular state le citizen + From Austr x. Division of power between Centre and States i, Emergency provisions Single judiciary xiil, Power of Parliament to Amend Constitution Independent bodies like- CAG election commission. Federal Constitution 1._ Single ctzenship 2._ Single Constitston ‘3. Power of unen to override onthe 8 state matters “4, Change in the names and boundaries 4, ofthe State by the Paviament Dual citzenshio Dual Constitution Division af power between Centre ‘and States CChange in the names. DDoundares ofthe state by the Conference ofthe sal. Teoma dda © Ovalpcay 6 No unis have igs io succeed tem 6 Units nave the right to separate 2 from gent "7. Dependence of state onthe centre for 7.” Residual power given lo states ‘economic assistance and grants sie bom 2 Se “8 Briain has unitary Constitution ‘Scanned with CamScannerthe Preamble and Its significance | re Obi tiv tion, moved in the Constituent ‘bly by Nehru on 13th December, 1946 w: ee pecime the Preamble to the Constitution We mble i an integral part of the Constitution. fe, to People finda having edema reschdto ‘constitute India into a sovereign; secular semocralic, republic and to secure all its citizens, ~~ susie social, economic and politica bert of thought. expression, beet, ath and vesstip. Equally of status and opportunity, and to promote ‘ail of them. Fratemity assuting the cignty ofthe ind and fhe unty and integrity ofthe nation. tour Constituent Assembly, this 26th day of November, 1949, do hereby adopt, enact and give to forsehes this Constitution.“ so far, the Preamble has been amended only once in 42nd Amendment which inse rrords Socialist, the Secular (Separation of religion state) and the Integrity. Schedules in Constitution “FriSchedule_ Ustol Staes and Union Terres ‘cond Schedule Salary of President, Governors, Chet Justi, ‘Suoges of High Coun and Supieme Cour, Comptoir and Autor Gene Third Schedule Forms of Oaths and Affirmations. Touth Schedule Alocate eeats for each State of india in Raya ac Sabra. ‘nt Schedule ‘amination ard Solo Shedd Aas Ses entrees ay Provsions or adminisation of vba area Schedule. cam, Megralay, Towa and Maoram Seventh Schedule ‘Gives allocation of powers and functions Between Union and States. Meontains tre fats 4 Gnion Ust (or Cental Gow) 100 subjects 2 States Ust (Power of Stato Gov): 61 3 Gareurrent List (2th Union and Stats): 52 PARTS OF THE CONSTITUTION There are 25 parts in our Constitution, which can be described as below ea with tritony of India, formation of net “rot iow) Sasi tha owe oo Se Niceeror ov + Port (ales 611) "Daal wn various ro ng related tO — Deas wan Fundarenal Fight of nan zens ices 1225) : caveesee cepa of Sino POY + Pa ie "od Amendment in 1976. Contains Pariv A (cle SIA) | the Fundomenial Dues ofthe cz. + Paniy prices 216i) Deals wih Goverment a the U Pav (Aricies 82-151) Ede nctions of Prime Minister, Minister, Braiden ce Presen, Ato vera Potent ok Sabra ang Raja ha, Compr and Autor Genera, Tics TEBE ~ Does with Goverment at Sate Level (ticle ieee oe ‘exempts Jammu and Kashmir from the category Siorenay states) (Outes and functions of Chet SiGe" ands ster, Governor, State {elie Pgh Cour Advocate General of the a). ‘Deals with slates par B, was repediedin 1856. Byine "mn Amendment ‘Deals vith Union Tete. Part was added by Tard Amendment in 1992. ‘Contains a new senecula ‘Schedule Eleven. I ‘Sorta 29 subjects related to Panchayati Raj, Part A was added by 74th Amendment in 1992. ‘Contains anew senedtie ‘Schedule Twelve ‘contains 18 subjects fated to muncipalies. ‘Deas wih the Cooperative Societies. ile 238) Pan “Pact (tices 239-241) * Part (Arcos 243-2480) fand Par A (eles ‘sP-243 26) + Pant 8 = iS 2H1 to 248-29 ‘les 264, 244A) Deals with Scheduled and Wibal Areas. | (ticles 245-263) _Deals with relation between Union and States. * Part-Xil (Avicles 264-3008) Deals with distribution of Revenue between Union fd Sates, Appoiniment of Finance Commission i TParMl (ries 901-907) Relates to Trade, Commerce and intercourse lwanin the Tertory of nasa * PanXWV (Aticles 808-323) Deals wth Gh Sendaes and Pubic Senco meission Deals with tribunals 324-909 A) __Commission). abc “Fart cls 80 secs __—_“ ra icles 00-34) Dens wh speil provisions fr Sehaded Tt ot 22 anges ona rosorsed by estan Schade pm scneate EEg amonseetsenen Geta an beetles tte a geen Tm Soreaue ave ie hmepdrerh 195, Conane + Pa cs 3.69) _Relses o Ocal Largy me sede dordrs rat land tonire, nd e )_Relates to Oia Language, Shia an cates Tenth Scneauje Ade by Sand Ardent 1885 Conaire prowsions of squalication on grounds ot Gotecton Berenth Schedule 8 T3td Amendment in 1990: Contains provision of Panchayat el ‘By 74h Amendment in 1992. Contin Tweith Schocule e rovsions of Municipal Corporation, Provisions ‘Pato vidos 8.35) Coreorstesor it, canpercamn guhoraive tent in Hind ad roe Constitution. : tae. ‘Scanned with CamScannerNational Symbols National Flag It was designed by ‘Pingalt ‘Venkaiah’ of Andhta Pradesh, Or IMPORTANT ARTICLES OF THE CONSTITUTION July, 1947, it was adopted by Constfruent Assembly. It follows 3 : 2 ratio between length and breadth, It has Uhree colours safron, white and green Middle portion has Ashoka Chakra, in blue with 24 spokes. National Emblem It has been taken from the ‘Sarnath’ (Varanasi) Pillar of Ashoka and on 26th January. 1950. It was adopted by Gaverment-of fhdia. The word Satramru Jarate which was written at the base in Devnagart script (taken from Mundaka Upanishad) is the National Motto of India. National Anthem It was written by “Rabindranath Tagore’. Its rec period is 52 seconds. First t sung in Calcutta Congress Ses 27th December, 1911, On 2th Januar 1950, Consttucnt Asem adoeted Re ‘Van Gan Man). National Song Vande Mataram taken from Bankim Chandra Chatterje's work ‘Anandmath’, was officially adopted on 2th January, 1950, It was sung for the Tirst time as Kolkata session of Congress in 1896, National Calendar Based on the Saka Era, Chaitra is its first month and a normal year of 365 days along with the Gregorian calendar. [c was adopted by the Central Government on 22nd March, 1957 National Animal It is tiger. It has eight species around the world and Indian species is known as “Royal Bengal Tiger’. The majestic tiger (Panthera Tigris) is the National Animal of India, National Bird Indian peacock (Paro Cristatus). It is fully Indian Wildlife Protection Act, 1972. “Other National Symbols ‘The Indian Constitution is the lengthiest in the world comprising of 465 Articles in 2013) divided in 25 parts alongwith 12 schedules. THE UNION AND ITS TERRITORIES (ARTICLES 1-4)" ‘Article 1 Deals with name and Territory of the Union. It describes Indi, that Bharat as Union of States, The Territory of India includes territories of states, union territories and territories that may be acquired by the Government of India at any time) + Article 2 Admission or establishment of new states. + Article 3 Formation of new states and alteration of areas, boundaries or names of the existing states. + Article 4 Laws made under Articles 2 and 3 for the amendment of the {first and fourth schedules on supplemental, ricidental and consequential ‘matters. — Reorganisation of States + In 1956, there were 14 States and 6 Union Territories. Andhra Pradesh was created in 1953 and Kerala in 1956, + In 1956, Karnataka was created. In 1960, Bombay was bifurcated into Gujarat and Maharashtra. In 1963, Nagaland was created as separate state In 1966, Haryana was carved out of Punjab and Chandigarh became a Union Territory. In 1970, the Union Tersitory of Himachal Pradesh was elevated to the status of a state. In 1971, Manipur, Tripura and Meghalaya were granted statehood. In 1974, Sikkim became an associate state of the Indian Union. By the 36th Constitutional Amendment Act (1975), Sikkim beegme a full fledged State of the Indian Union In 1986, Mizoram and Arunachal Pradesh came into being. In 1987, Goa came into existence. In 2006, three more new states : Chhattisgarh, Uttarakhand and Jharkhand were created, ‘On 2nd June, 2014, Telengana state came into existence, reorganisation of Andhra Pradesh. CITIZENSHIP, (ARTICLES Pari ‘The Constitution of India provides for single citizenship. There is no Separate citizenship of state. According to the Constitution, the following three categories of person are entitled to citizenship i. Persons domiciled in India. ii, Refugees who migrated to India from Pakistan, Indians living in other countries. after ‘Scanned with CamScannera v~o a Article 5 Citizenship at the serotion. 2 ** the commencement of the « Article 6 Rights of Citizenshi ; fire migrated to India ron RaoFcerainperions who | , article 7 Rights of Citizenship of ee 1 pakistan, | . Article 8 itizenship of ceftai ATE tig neiding cactiip of cern persons of |. Article 9 Persons voluntarily acquiring Citizenhi Ferdgn Stat nt to be izes Bs Cieothip of 2 + Article 10 Continuance of the Rights of Citizenship. lent to regulate the Right of Citizenship by La Acquisition and Termination of Citizenship « Rules regarding acquisition and termination of Indian Gazenship have been laid down in the G se ‘Act of 1955. A person can acquire citizenship of India in five oor = (BRAND) B-by birth, R-by registration, A-by acquisition of territory, N-t lisation and D-by escent. ip of certain migrants to | Temination of citizenship can be terminated in three ways i. It can be voluntarily renounced by a citizen. It can be terminated, if a person acquires citizenshi of womme other cousery:* a fi, The Central Government can deprive a naturalised n, if it is satisfied that the citizenship was ‘acquired by fraud, false representation or concealment of material facts or if the person shows disloyalty towards the Indian Constitution or indulges in trade- with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years or more within 5 years of his registration or if he has been continuously residing out of India for more than 7 years. + Article 11 Under this Article, Parliament has the power to enact laws regarding citizenship. It has the power.t0 regulate the right of citizenship in India. The Citizenship (Amendment) Act, 2015 The Act seeks to amend Citizenship Act, 1955. The major Movisions of the Act are as follow 1 In case of citizenship by naturalisation, the Act flees, the Central Government to relax the sequirset:! at or in service of government, if speci SR oC Rasa ui 9 ayy be Permitted, * The Act provides certain additi registering an overseas citizen © jonal grounds for if India card. 1+ The Act also introduces a new provision which allows the Central Government to register a person as an ‘overseas citizen of India cardholder even, if she does not satisfy any of the listed qualifications, if special case exists, + The Act provides for merger of overseas citizen of India and persons of Indian origin scheme. Thus, the Central Government may notify that persons of Indian origin cardholders shall be considered to be overseas citizen of India cardholders from a specified date. + The Act also allows Central Government to cancel the overseas citizenship of India card where it is obtained by the spouse of an Indian citizen or overseas citizen India cardholder if ~ marriage is dissolved by 2 court or! ~ the spouse enters into another marriage even while the first marriage has not been dissolved. Overseas Citizen of India Government of India recognises those person and provide them oversees citizen of India card ® i. who have following credentials are now citizen of another country but was citizen of India at time of or at any time after commencement of Constitution, who were citizen of other country but were eligible to become citizen of India at time of commencement of Constitution, who is citizen of another country but belonged to a territory that became part of India and iv. child/grand child/geeat grand child of the above such citizens. Person of Pakistan and Bangladesh can’t get 4 OCI, Recently, government has merged people of Indian’ origin-eard with overseas citizen “fon-Resident Indian A citizen of Indi, having Indian pasport and staying temporarily in another country for purpose of employment, education for more than 6 months. Pravasi Bhartiya Diwas + Tris celebrated onfSth Januarpetvery year to recogni cenbuon of cro alan commu in the levelopment of Tnx january is selected because on this da indhi returned to India from South ‘Africa = + This celebration provide opportunity to overseas citizen to interact with government and people of their homeland. Pravasi Bhartiya Diwas (PBD) started from ygar 2003. | + The 14th Pravasi Bhartiya Diwas was-held on 9th January, 2016 in. New Delhi. The event was attended by Priti Patel, MOS for Employment, United Kingdom: It ws te i ied don of the PRD. Ke wa Dipanised for the frst time by the Ministry of External Alfcs (MEA) aftr the government's destion to merge stry of Overseas Indian Affairs (MOIA) wich ne ‘Scanned with CamScannerFUNDAMENTAL RIGHTS Fundamental Rights and.Dircetive Principles have a common origin. Nehru Report 1928 which incorporate some Fundamental Rights. The framers of Constition derived inspiration from the Constitution of USA Le. Bill of Right, Part III of Constitution is rightly deseribed as Magna Caria of India + Article 12 Definition of ‘State’, + Article 13 Laws inconsistent with of the Fundamental Rights. TYPES OF FUNDAMENTAL RIGHTS ——— derogation of US Fiendamental Rights are six in numbers viz ( Right to Equality (articles 14 to 18) + Article 14 Equality before law Snd-equal protection of India * Article 15 Prohibition of discrimination on grounds of religion, race, caste sex or place of birth Article 16 Equality of opportunities in matter of Public Employment. Article 17 Abolition of untouchability and prohibition of its practise. + Article 18 Abolition of titles except military and academic. i) Right to Freedom (Anicies 19 to * Article 19 It guarantees to the citizen of India. Six fundamental freedoms which are as follow i, Freedom of speech and expression (freedom of press, media). To assemble peacefully and without arms To form association or unions To move freely throughout the terfitory of Indi ¥. To reside and settle in any part of the territory of India * vi. Freedom to choose any profession and business + Article 20 It gives protection in respect of conviction for offences. + Article 21 It gives protection of life and personal liberty to both citizens and non-citizens. Articles 20 and 21 remain in force even during emergency. + Article 21 Gigi stom og ma years eae Gees Right by 86th Constitutional Rimendment, 2002. "eee Consus! ticle 22 It entails protection against arrest and decane Tha tight is not available to an enemy alien and a person arrested or detained under a law providing preventive detention (detention of a person without trial). (iii) Right Against Exploitation (anit 23nd 2a) + Article 25 It entails prot beings and forced labour. + Article 24 No child below the age of 14 can be employed in factories oF mines or in hazardous employment. (iv) Right to Freedom of Religion (Articles 25 to 28) + Article 25 Freedom of conscience and free profession, practice and propagation of religion. ; + Article 26 Freedom to manage religious affairs. + Article 27 Freedom from payment of taxes for promotion of any particular religion. jon of traffic in human * Article 28 It prohibits any religious instruction in educational institutions wholly maintained by state funds. In other institutions aided and recognised by the state, every person will be free not to participate in religious instruction or worship. (v) Cultural and Educational Rights (Articles 29 to 30) * Article 35~Teallows every community to conserve its distinct language, script or culture. It also bars disallowing a citizen admission to any educational institution maintained or aided by the state only on grounds of religion, race, caste or language. * Article 30 Right of minorities to establish and administer educational institutions. (vi) Right to Constitutional Remedies Atel 32K provides the righ 0 the citizens to move to I Supreme Court by appropri iate proceedings for the caforcement of the Fundamental Rights and it empowers the Supreme Court to issue directions or writs for the enforcement of the Fundamental Rights. The writs include Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, Dr BR bedkar termed the Right to Constitutional Remedies asthe heat nal eal Pe Constitution Article 33 Enables Parlament to modify Fundamental Right in relation to military or paramilitary forces, police forces and analogous forces: Article 34 Empowers Parliament co make any law for indemnifying any person for acts done during the operation of martial law. * Article 35 ‘This article provides for powers to make laws fon certain arte in this part only on the Parliam and excludes the state legislatures jurisdiction Tron chem. Right to Property * Article 31 Right to Property, repealed by the 44th Amendment Act, 1978. Now, itis only a legal right. ‘Scanned with CamScanneright to Information, | Right to information has been gr Mindian under RTI Act, 2005 whi ath October, 2005 . juis not a Fundamental Righ renalty in case of delay in gi Spplicant. ted to every citizen ch came into force on it entails a clause for ing information to the «Information Commission has been set-up at central and sate levels to oversce the implementation of the act. DIRECTIVE PRINCIPLES OF STATE POLICY @ 6— « DrBR Ambedkar described the DPSPs as ‘novel feature of the Constitution’, DPSPs are constitutional instructions or idlines to state in the legislative, executive and Mministrative affairs. It provides the social and economic ine of a genuine democracy. «The Constitution does not contain any classification of, directive principles. However, on the basis of their content and direction, they can be classified into three broad categories; socialistic, Gandhian and liberal. Socio-Economic or Socialist Principles * + Article 38 To secure a social order which stands for the welfare of the people. « Article 39 The state shall direct its policy towards securing equal access - to provide adequate means of livelihood. = to prevent concentration in wealth and means of wealth and material resources. = to secure equal pay for equal work for both men and ~ to provide necessary opportunities and facil children and youth to prevent their explo! * Article 41 To make efforts to secure the education and public assistance in case of unemployment, sickness, old age ete: * Article 42 Provision for just and humane con work and maternity relief. * Article 43 To ensure a decent standard of 1g and ‘ocial and cultural opportunities for all workers. * Article 43 A Securing the participation of workers in the ‘management of industries. * Article 47 Duty of the State to raise nutrition and the standard of living 2% Public health. dition of the level of 1d to improve ticle 40 The establishment Gandhian Principles illage Panchayats and make them powerful enough ti Fancton as a units of self-government. + Article 43 To promote cottage industries. + Article 43 B The promotion of co-operative societies. + Article 46 ‘The promotion of educational and economic interest of weaker sections. + Article 47 The prohibition of intoxicating drugs and drinks. other milk cattle. 2 + Article 48 Prevention of the slaughter of cows and Liberal Principles + Article 44 A Uniform civil code. Article 45 Provision for free and compulsory education for children. Article 48 Organisation of agriculture and animal husbandry. Article 48 A Protection and improvement of environment and safeguarding of forests and wildlife. + Article 49 Protection of monuments and places and “objects of national importance. + Article 50 Separation of judiciary from executive. + Article 51 Promotion of International Peace and Security. Difference between Fundamental Rights and Directive Principles of State Policy Directive Principles of State Policy ‘The economic wotfare ofthe state {g establichod by the Implementation of the DPSPs. \Wnile DPSPs are not enforceable by the cour of aw Fundamental Rights ‘The democratic political systern has been established by providing the FR, FAS are subject to cout of aw at ‘any point of time if anybody feals thal his FF a being violated, FAs can be suspended excopt the OPSP can never be suspended tight mentioned in Articles 20 and under any condition 22 during emergency FS are assumed negatively. Sometimes, becausa of their PSP ate always afirative ‘because they direct the states for Tesinctve attudes towards the dotinte activi sales - ‘The Fundamental Fights area bi Wie, the scope of Direct lied init scope. Principle of State policy is endloss In OPER the political administrative, ‘economic and subjects ike Intemational peace are also Included. ‘Scanned with CamScannerFUNDAMENTAL DUTIES —4.1_ (ARTICLESST A> “= ‘The Fundamental Duties in the Constitution serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of their duties towards the country. ‘They were added by 42nd Amendment Act, 1976. It contains the duties of the citizens. It shall be the duty of every citizen of India i. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, 4. to cherish and follow the noble ideals which inspired our national struggle for freedom, Wi. to uphold and protect the sovereignty, India. is to defend the country and render national service when called upon to do so. ‘unity and integrity of + 10 promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; practices derogatory to the dignity of women, Mi to value and culture, 0 protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for ing creatures. to renounce preserve the rich heritage of our composite ix. to safeguard public property and to abjure violence. to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement. 2i_ for every citizen who is a parent or guardian, to provide ‘opportunities for education to his child or as ward between the age of 6 and 14 years. + The L1th Fundamental Duty was added by 86th Co: ‘Amendment in 2002. ( a THE UNION It deals with Union Government. It contains the duties and function of Prime Minister, Minister, President both houses, Attorney General, Comptroller and Auditor-General. the case may be, itution PRESIDENT (ARTICLES 52-78) + Article 52 provides for the office of President of India. ‘The President of India is the highest executive : Consti sss in him all the + Heis the head of the state and represents the Republic of India and is the first citizen of India. « Election articles 5 and 71) > The President of India is not di the peaple, but By the members college consisting of i, the elected members of both the Houses of Parliament. am tly elected by of electorat~ ii the elected members of the Legislative Assemblies of the stat. iii the elected members of the Legislative Assemblies of Delhi and Puducherry. + Nominated members do-not.take part in the clection of the President. \? Election is held through the system of proportional representation by means of the single transferable vote by secret ballot. The eamdidate who gets minimum 50% of votes i dclected. States have different representation in the presidential election depending on the population and the number of elected members of Legislative Assembly. Value of vote of an MLA = State population + Total numbers of clected MLAs x 1000 Value of votg-of an MP = Total value of MLAs of all states = otal ftnber pf clected MPs (Lok Sabha and Rajya Sibha).s=" | This formula secures the uniformity between all the states on one hand and the Parliament on the other ~ Security deposit @ 15000 only. ~ Only Supreme Court enquires all disputes Fegarding presidential election} —— ~ President takes oath in presence of Chief Justice of India and in his absence, the seniormost judge of Supreme Court administers oath to the President. \ (&) IMPORTANT POINTS + Presidents who died on ther posts-Zakir osssin and Fakruddin Al Ahmed, + Only President eleted unopposed-Neelant Sanjeeva Reddy + President who served as Speaker of Lok Sabha before becoming President Neelam Sanjeeva Reddy. + Only Chiet Justice who acted ax Presidentsfstice Hidayataeh Only President who was elected twice-De Rajendra Prasad, ‘Scanned with CamScannererm of Office and gmolument Ftenure 5 years (Article 56) | article 57 There is no limit, as to how many times a person {an become President. fe can give his resignation to . ‘ VicesPresident before the fal term completes. «The President may be removed from office before the expi this tenure through a special procedure called impeachment, qualifications « Article 58 deals with the ification of a person to be sident of India. — + Must be a citizen of Indi + Should have completed the age o£ years. + Should not hold any. office of Frofit under the government. + He should be qualified to become a member of the Lok Sabha, Impeachment + Article 61 The President can be impeached only on the ‘round of violation of the Constitution. ‘The process may start from any house of the Parliament. * The charges are contained in a notice which has to be signed by a least one-fourth of the total members of that houses 14 days notice is sent to the President. * A resolution to impeach the President has to be passed by 4 ‘worthird majority of the total ‘embers of that house. It is thn sent tothe other house hich investigates this charges. The President has the eight t0 defend himself through an authorised council. If the second house also approves the charges by a two-third majority, the President is femoved from the office. facancy (Article 62) In the ease of vacant seat due to any Feason e.g. death, resignation o removal then the Vice-President acts as the President, if he is not available then Chief Justice of India, if not then the seniormost Judge of Supreme Court. ‘The eleetion is to be held within 6 months for the vacancy. Powers and Functions (Article 77) ‘The President has a very important role. He has vast powers to be exercised during normal time as.well.as in ‘emergency period. ‘These powers however are actually exercised by the Prime Minister and the Council of Ministers Executive Powers of President He appoints Prime Minister who enjoys the suppor 1ajor in the Lok Sublne dppoines the members for the Council of Ministers and distributes portfolios among them on the advice of the Prime Ministe + He appoints Chief Justi ere rend tig Geirman and Member of UPSC, CAG, Attorney General, Chief Electi ~~ ‘Commissioner and other members. Commission, and judges of Ambassadors ete{ + He can seek any information relating to the administeation of affairs of the Union and the proposal for legislation from the Prime Minister. Legislative Powers ‘The President of India is an integral part of the Parliament | Though legislation is the primary responsibilty of Parliament, the President has the right to influence the legislative process in following ways + The dissolution and prorogation of Parliament, + Right of President to address and send eae to both the houses. + Nomination of the Members of Parliament (12 members to Rajya Sabha and 2 members from Anglo-Indian ‘Community in Lok Sabha). + Laying down some reports at the floor of the Parliament. + Prior consent on some bills. (€. Money Bill) . + Any bill becomes law only after assent of President. Ordinance Making Power of President Article 123 of the Constitution ‘emipower the President 10 fromulgate ordinances during the recess of Parliament. These drdinance have the same force and * ffect as and act of Parliament but are in the nature of temporary laws. Veto Power President have three types of veto ‘power (Article-111) Suspensive veto Pocket veto President can also veto bills of State ggistarare which are sent for Ris approval. President cannot return aiendments cannot be vetoed. Financial Powers All Money Bills can originate in Patamen aly onthe only onthe imendation of the President. ‘Appoiniment of Finance Commissioner every Sth year. Diplomatic Powers All kinds of international treaties and agreements concluded on his iehall + Hle represents country on the international forum. + He sends ambassadors and receives diplomats. Military Powers + He is the Supreme Commander armed forces. -_ + He appoints the chiefs of army, navy and airforce staff. + He declares wars and conclude peace, ‘Scanned with CamScanneryn Emergency Powers x e . al Emergency (Article 352) + President's Rule (Anicles 350-am 365) + Financial Emergency (Article 360) Judicial Powers (anicie 77) President can grant pardon or reduce the sentence of any convicted person. —, Various Pardoning Power of the President (Anicie 72) + Pardon it removes both the sentences and the conviction and completely absolves the offender from all punishments and disqualification. Reprieve It means a stay of execution of sentence pending a processing for pardon or commutation, Remission The power of remission reduces the amount of sentence ‘without changing its character. e.g, 4 sentence of rigorous iprisonment for two years may be remitted to rigorous imprisonment for one year. Respite The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts. e.g, pregnancy of woman offender. Commutation It merely substitutes ‘one form of the punishment for another of a lighter character. eg., a death sentence may be commuted to rigorous imprisonment. Presidents of India ‘DrS Rachaisishnan 13.05.1962 19.05.1967 rz 03.05.1069 (0805.1969 20.07.1969 ‘Justice Midayatuitan wei F Al Ahmed 24.06.1974 11.02.1977 {BD Jatt 11.02:1977_2502.1977 NSanjeova Reddy 25.07.1977 25.07.1982 are ame ‘GanaiSngh 25071002 25071087 AVerkaaan 250719872507 1002 «80 Sharma 07102 2507 1997 AR Navyonsh 26071907 25072002 18s Ao Kal 2507 202 2507 Mr Prattha Pui 25072007 2 SiwiPanab 5072012 sth mee (VICE-PRESIDENT) ~ Re per the At there shall be SVC paste He ‘occupies the second highest office in the country, + In absence of illness of the President, the Vice-President performs the functions of the President. If the President resigns or dies, the Vice-President officiates as a President, till a new President is elected. + The Vice-President is elected by an “Electoral College’ constituted by the members of both Houses of the Parliament in accordance with the system of proportional representation by means of single transferable vote and the vote being secret. oN sa.participate in the election.\Supreme Court enquirer all disputes regarding. Vice-President election, Qualifications * Must be a citizen of Inc * Should have completed the age of 35 years. + Eligibility to become a member of Rajya Sabha, + Must not hold any government post. Terms and Function + He is elected for 5 years and can be re-elected. + He is the Ex-officio Chairman of the Rajya Sabha. + AlLbills, resolution, motion can be ae ‘Rajya Sabha after his conseET consent Emoluments “The Vice-President derives his salary as the Ex-officio Chairman of the Rajya Sabha, which is currently 21.25 lakh per month, During the peviod he ats as the Pride ent he receives the salary and allowances of that of President. Removal + The Vice-President can be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha a of People (Lok ing. Vice-President, “no formal impeachment * The Vice-President may also resign from his office by writing to the President ‘Name Tenure DrSarvapaliRachaksishnan 1952-1862 ‘Zakir Hussain 1962-1967 “Varahagiri Venkata Gi 1967-1869 ‘Gopal Swarup Pathak 19691974 “BD Jatt 979 | Justice Mohammad Hidayatuliah 1979-1984 ‘Rvenkatoraman 1888-1987 ‘Dr Shankar Da 1987-1092 19901997 1997-2002 “Kishan Kant (egy Bhaion Singh Shethawat 2002-2007 ‘Mohammed Hamid Ansari 2007 ti ate Council of Ministers Council of Ministers is formed as soon as Prime Minister is sworn in. Only Prime Minister alone can constitute Council of Ministers. Alter 91st Amendment Act, 2003 ticle 75(1A) states that, strength of Union Council of Ministers” shall not increase 15% of total strength of the Lok Sabha. * The Council of Ministers consist Of three categories of Minister namely; Cabinet Minister, sters of State and Deputy ie ‘Scanned with CamScannerc ters They are incharge of important portiolios. They are the real policy makes. The Cabinet foectings are not an other ministers aed bY Minister of State One who hold independent charge of some nfinistries or are plac onder 2 Cabinet Miner Deputy Ministers One who assist Cabinet Ministers and ~ Ministers of States. + The Council of Ministers shall be collectively responsible to the House of People. «A person can remain a minister without being a member of either house maximum upto 6 months. PRIME MINISTER + The Prime Minister is the head of the Central Government. All the ‘executive powers of the Central Government are formally vested with the President of India, but these powers are actually exercised by the Counsi ters under Minister, — reside + Prime Minister allocates portfolios among the ministers and he also tan drop any minister. + The Prime Minister presides over the meetings of the Council of Ministers. He decides about the Policies of the government and coordinate the work of different ministers. * The Prime Minister is the ex-officio chairperson of the NITT Aayog and tact was chairperson of planing commission * The Prime Minister, who is not & member of Parliament has t acquire its membership within 6 months of his appointment. "Prime Minister remains in power $9 long he enjoys the majority in the Lok Sabha, If the Lok Sabha has no confidence, then the entire Council of Ministers has to be, terminated (collective responsibility). + He advis Presidential rule in the state or PARLIAMENT mergeney in the country. + The resignation of cans rSsignation of the entire Council of + Even a Rajya Sabha member can become a Prime Minister, Prime Ministers of India Lal Bahadur Shasti ‘Gulzar Lal Nanda Inia Gana Morar Desai Chara “na Gane “aap Gans Viehwanath Pratap Powers and Functions + In Relation to the Council of Ministers If a difference in opinion arises between the PM and any of Subordinate Ministers, he can ask the minister to resign or ean advise President to dismiss him. + In Relation of President Regarding the appointment of important officials like Attorney General of India, CAG, Chairman of UPSC, EC, Chairman of Finance Commission etc, the PM can advice the President. + He advises the President with regard to summoning and proroguing of the sessions of the Parliament. + He can recommend dissolution of Lok Sabha to President at any time. According to Article 79, the oe arliament consists of the Preside ‘the Council of States (Rajya Sabha) and the House of the People TLok Sila), Though the Presents nett in integral part of it. ¥ RAJYA SABHA <>" sident, ol Maximum Strength 250 (Qut of these, President nominates 12 _- members amongst persons having Legislative special knowledge or practical experience in the fields of literature, science, art and social service). Presently, the Parliament, by law has provided for 233 seats forthe States and the Union Territories. ‘The total membership of Rajya Sabha is 245. Al the states and only 2 Union errtores, Delhi and Puduchesey are represented in the Rajya Sabha Siemblies on the basis of proportional representation — through a single transferable vote. Scares are represented on-the basis of their population. “There are no seats reserved for Scheduled Cas led ‘Tribes in Rajya Sabha, Candifions to be a member of Rajya Sabba are as follow = Citizen of India. years of age sea parliamentary elector in the sate mrwhich he eseekiog fieciony ~ Others as prescribed by Parliament from 1e-to- time. ~ For 6 years, as one-third members retire every 2 years. Vice-President is the Ex-officio Chairman of Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President of India. ‘Scanned with CamScanner+ Also a Deputy Chairman is elected from among its members. + In Rajya Sabha any bill ean originate, apart from Money Bill (including budget). «+ Rajya Sabha is a permanent body and is not subject to issolution unlike Lok Sabha, Special Powers of the Rajya Sabha Jution seeking the removal of the Vice-President can oA ‘originate only in the Rajya Sabha. + If the Rajya Sabha passes a resolution by a majority of not fess than two-third of the members present and voting that it is necessary in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. It shall be lawful for Parliament to make law for a period of not more than 1 year. (Article 249) + If the Rajya Sabha passes a resolution by a majority of not less than two-third of the members present and voting, then it is necessary in the national interest to create one or more “All-India services, Parliament by law, provides for such service or services, (Article 312) st LOK SABHA Present Strength of Lok Sabha (543 +2) Lok Sabha is not permanent body and is subject 10 dissolution. “The normal remure of the Lok Sabha is 5 years, but it may be dissolved earlier by the President. The life of the Lok Sabha can be extended by the Parliament beyond the 5 years term, when a proclamation of emergency under Article 352 is in force. But the Parliament cannot extend the normal life of the Lok Sabha for more than 1 year at a time, but in any case suc extension cannot comin beyond a period of 6 months after the proclamation of emergency comes to an end. ae + Quorum for Either House Article 100 (c) 1/10 of the total number of members. Conditions to be a Member of Lok Sabha + Citizen of India and at least 25 years of age. + Must not hold any office of profit. + He must not unsound mind/insolvent. + He must registered voter in any parliamentary constituency. + A member can be disqualified ~ if he voluntarily gives up the membership of party. - if he over rules the ‘whip’. ~ if he remains absent for 60 days without intimation. is the Speaker (in > Presiding officer in Lok Sabha is the Speaker ( his*her absence, Deputy Speaker). vivre themselves elect hirer. + The Speaker continues in office even after the Te pete re ok Sabha till a newly elected Lok gipineete, Speaker sends his resignation to Deputy caker. eae + Usually the Speaker, after his election cuts-off all rns with his party and acts in an impartial ote docs not vate in the fist instance, but exercises his casting vote only to remove a deadlock Charges his salary fom the Consolidated Fund of India. + The majo rity ofthe total membership can remove speaker after giving a 14 days notice. During this time, he does not preside over the meetings. After his removal, continues in office till his successor takes charge. -~Powers and Functions of Speaker ‘The Speaker presides at the meetings of the house of the people as ‘well as joint sitting of two Houses of arliament. + The Speaker gives permission to the members to speak in the house. i ~ + If the Quorum (presence of only one-tenth of the total strength of the house) is not complete, the Speaker can adjourn the House. + He decides as to whether a Bill is a Money bill or + He appoints the Chairman as well as Deputy Shairan ofall che committees of the house, Speaker takes the final decision as to disqualifying a member on grounds of defection. oe Pro-Tem Speaker ‘The President appoints a seniormost mem newly-clected Lok Sabha as the ProvTee Seder He has all the powers of the speaker. He presicice over the first sitting of the newly-elected Lok Sabha and pecan Gn to the new members, When thé ipeaker is elected by the House, the office of che ProsTem Speier cir wo exe, fee of he Deputy Speaker + The Deputy Speaker of the Lok Sabha i h y ‘ok Sabha is the Vice Presiding Officer ofthe Lok Sth the Lower louse of Parliament of India, He ° Presiding Olficer ince of late on che caused by death or illness of the Speaker of the Leck Sebke ‘Scanned with CamScannerHe holds office till ei the Lok Sabha or he sia, He can be remox ti assed in the Lok Sabha by a majority of its mentions | | from hi from his original par | fecause at a Depuny Speak, to ennai | | er he ceases to be a Member of self resigns from the Lok ed from office by: er, he has to remait impartial. oo i" special Powers of Lok Sabha + Money and the financial bills originate only in Le sabh aorta Ae ‘The confidence and no confidence motions can be introduced in Lok Sabha only. + Article 352 says that the Lok Sabha in a special siting can disapprove the continuence of National Emergency, even when the Rajya Sabha rejects such a resolution. ‘location of Seats in Parliament = Tote! State evar | weraPrasesh 25 Aunachal Paes 2 | som 4 Bihar 7 a Mizoram Ocisha Rajasthan ‘Tamil Nadu Ey \Sshagueep 1 Pondichery 4 Sessions of Parliament * Begins with the consent of the President. * Gap between two sessions should not be more than 6 months. * The Parliament generally meets in three sessions in a Year which are as follow ; i. Budget Session (February-May) It is the longest session. i. Monsoon Session (July-August). , i. Winter Session (November-Deceinber) It is the shortest session. Joint Session + Ins ordered by the President to consider a particular bill in 1. tll passed by one house and eieted by the other. Ui, the amendments made by the other house are not Sceeptable to the house where the bill originated. iii, when a bill remains pending of unpassed for more than 6 months. + Joint session of Parliament is presided over by the Speaker fof the Lok Sabha, In his absence, by the Deputy Speaker, ‘or in his absence by the Deputy Chairman of Rajya Sabha or in his absence any other member of the Parliament who is acceptable to both the houses. Deadlock over the bill is resolved by a majority of the members of both the Houses of Parliament present and voting. + ‘The Lok Sabha has larger membership. No fresh amendment can be done in joint session. ‘There is no provision of joint session for passing Money Bills and Constitutional Amendment Acts. + In Indian history, only three bills have been referred to the joint sitting | | | 1. Dowry Prohibition Bill = 1961 2. Banking Service Commission Bill — 1978 3. POTA Bill 2002 See eg Termination of Sitting The sitting of a house may be terminated by + Dissolution The Lok Sabha is subject to dissolution. . Dissolution takes place when the President exercises his, power under Article 85(2). It can be dissolved on the expiry of its term of 5 years. + Prorogation It means the termination of a session of the house by an order made by the President under Article 82(2)(a) of the Constitution, Adjournment It does not put an end to the existence of 4 session of Parliament, but it merely postpones the further transaction of business for a specified time, hours, days or weeks. Adjournment generally does not have any. effect on pending business. + Question Hour The first hour of a siting of the Lok Sabha devoted to questions and that hours is called the Question Hour. 2. Unstarred 3, Short notice + Zero Hour ‘The perio follows the question hous and it stats atthe noon and its duration is one hour (fom 12 noon to 1 pm). Dang the Zero Hour | portance are raised without | various issues of public in prior not ‘Scanned with CamScannerConduct of Law in Parliament ‘The proposal for a law is called bill. Until a bill is passed through a proper procedure, it cannot be a law of an act. Only Speaker of Lok Sabha decides whether the bill is a Money Bill or an Ordinary Bill Ordinary Bill \// + All the bills other than financial bills, money bills and the Constitutional Amendment are ordinary bills. + An Ordinary Bill can be introduced in any of the two houses of Parliament and also introduced by either a minister of the government or any member of the house, Money Bill “/ No Money Bill can be introduced without the consent of the President of India, (Article 110) It can be introduced only tn Lok Sabha. The speaker certifies a bill to be a Money Bill and his decision is final in this regard. (Article 110) Money Bills relate to bills secking imposition or abolition, of taxes, matters pertaining to borrowing of money by the government, custody and maintenance of consolidated funds etc, ‘When the Money Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations. Rajya Sabha can delay, it only for 14 days. Its final approval lies with Lok Sabha only. a . an Financial Bill + Any bill dealing with revenues or expenditure, but not scttfigd Ss Money Bil by the pater 1-5 FaanoRT il + Financial Bill can be introduced only on the recommendation of President. “4 Constitutional Amendment Bills + Under Article 368 with the power of Parliament to amend the Constitution this bill can be introduced in any of the two houses without recommendation of President. Parliamentary Committees Committees have been created so that members of Parliament ‘ean discuss and debate on the working of a certain department of the government. + Most of the committees function under the direction of the Speaker and essentially of the Lok Sabha. + Members of the Rajya Sabha are associated with all the ‘committees except the Estimates Committee. + The Chairman of all the committees (except the Joint Committees on Salaries and Allowances of MPs) are appointed by the Speaker from amongst the members of the committees. + In case, Speak becomes Ex-o! is a member of a committee, he io chairman of the committee. Committees are classified under two heads : Standing Committee and Adhoc Committee. Adhoc Committees are ereated for a temporary period, ‘The Standing committees are broadly classified into the following categories : Committees of Enquire, Committees to Serutinise, Financial Committees, Committees of Administrative Character, Committees with provision of facilities to member. ‘The Financial Committees of Parliament are Estimates Committees, Public Accounts Committees, Committee on Public Undertaking and 24 Departmental Related Committees. ‘The Public Accounts Committee was set-up first in 1921 under the Provision of the Government of India Act of 1919. At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). Since, 1967 a convention has developed whereby the Chairman of the Committee is selected invariably form the opposition. ‘The origin of the Estimates Committee can be traced to the standing Financial Committee set-up in 1921. ‘The first Estimates Committee was set-up in 1950. It has 30 members, all from the Lok Sabha only. ‘The Committee on Public Undertakings was created in 1964 on the recommendations of the Krishna Menon Committee. It has 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). In 1983, 17 Department Related Standing Committees were set-up. In 2004, 7 more committees were set-up. Thus, total 24 committees exists as of today, The Accounts of Government Consolidated Fund of India anicte 266 (1)] All revenues received by the government by way of taxes like income tax, central excise, customs and other receipts flowing to the government in connection with the conduct of government business i, sy MON-tAX Fevenues are credited into the Consolidated Fund constituted under Article 266 (1) of the Constitution of India. Similarly, all loans raised by the government by issue of public notifications, treasury bills (internal cdcbt) and loans obtained from foreign government and international institutions (external debt) are credited int this and, allexpendigne et oe eed incurred from this fund and no amount can be withdrawn from the fund without authorisation from the Parliament (in effect that of Lok Sabha), ‘Scanned with CamScannercontingency Fund of Indi: ia (Arti Te Contingency Fund of Indi nie a a cnc wih Gemtingsncy Fund se by ae Government of India under Anil 27 ofthe This fund acts more or less like an imy * Gosernment of India ands held on behalf Protea by the Secretary to the Government of India, Ministry, Finance, Department of Economie Affaire. Public Account [Article 266(2)] Inthe public account, constituted under Artic tithe Consution, the transactions sce wo debt ener than those included in the Consolidated Fund in India. The transactions under debt, deposits and advances in s part are those in respect of which government incurs alibility to repay the money received or has a claim to recover the amounts paid. Ministry of The receipts under public account do not constitute sormal receipts of government. Parliamentary inthorisation for payments from the public account is therefore not required Centre State Relations a (Articles 245 to 263) It deals with the relations between Union and States. The Centres and States are an essential feature of federalism. Legislative Relation + Article 249 Power of Parliament to Legislative in the national interest. + Article 250 During a proclamation Parliament shall have power to mal or any part of the territory. ; + Article 253 Parliament powerto legislate for giving effect to the treaties and international agreements Administrative Relation + Article 260 Jurisdiction of the union in relation to territories outside India. + Article 263 Provisions with respect to an Inter-state coun Financial Relation * Article 268 Duties levied by unio state. * Article 269 Taxes I assigned to the state. a * Article 280 Financial Commission of emergency ke laws for whole 1» but collected by levied and collected by union but = — © COMMISSION ON CENTRE-STATE RELATION + Setalvad Committ + Raja Mannar Committee, 1969) + Sarkaria Commission, 1983 + Panchhi Commission, 2007 NATIONAL PARTY IU should secure not less than 0 ofthe total valid votes polled ‘nts state during a general election. Besides, ithas atained alleast 4 members to Lok Sabha. STATE PARTY Tt should secure not less than 6% ofthe total valid votes in that state in that General Election, besides attaining atleast two members to the Legislative Assembly of that state at the last sembly elections “EMERGENCY PROVISIONS Types of Emergency The President is empowered to promulgate three kinds of emergencies which are as follow i. On the ground of threat to the security of India or of any part of the territory by war or an external aggression or an armed rebellion (Article 352) known as, National Emergency. ii. On the ground of the failure of the constitutional machinery ina state. (Article 356) known as the President's Rule or State Emergency. (On the ground of threat to the financial stability oF credit of India or any part of the territory (Article 360), known as Financial Emergency. Effects of Financial Emergency = + ‘The Executive Authority of the centre extends to directions as the President may deem necessary and adequate for the purpose. + Tt may include a provision requiring the reduction of salaries and allowances of public servant the reservation of all Money Bills for the consideration of the President. + The President may issue direction for the reduction of salaries and allowance of union servants or the Judge of Supreme Court and High Court. + ‘Thus, during Financial Emergency, the centre acquires full control over the states in financial matters. + During the operation of Financial Emergency the executive authority of the union extends to the giving of directions to any state to observe such canons of financial propriety as may be specified on the ‘Scanned with CamScannerTHE JUDICIARY We have an integrated judicial set-up (taken from 1953 Government of India Act) in our country. The Constitution of India is the supreme legal document. It’s Part V and Part VI dealing with Union and State Governments respectively. Indian Constitution has established an integrated judicial ystem with the Supreme Court at the top. Judiciary is independent of other two organs of the state ie, executive and legislature, Judiciary is a part of the democratic structure of the country. It is therefore, democratic traditions and to the people of the country. SUPREME COURT OF INDIA eis the highest court of justice in India. Having one Chief Justice + Not more than 30 other judges (after Amendment, earlier 25). The judges hold the office upto the age of 65 years Qualifications A citizen of India. ‘Any person who has been a judge of a High Court for 5 router High Coun for 10 years eee eaep 068s FOO years Functions Ic has important power of judicial review. It hears certain appeals of civil and o the High Court I hears disputes between the Union Government and the states and between states. inal cases from It can issue writs for the enforcement of any of the Fundamental Rights conferred by the Constitution. It has advisory jurisdiction and it also functions as court of record. _Removal of a Judge A Judge of Supreme Court can only be removed from office by an order of the President after an address by each House of Parliament supported by 2 majority of the total membership of the house and by a majority of not less than 2/3rd of the members present and voting ‘on the ground on (i) proved misbehaviour and Gi) incapacity. The Constitution of India has ensured that ~ they can be removed by Parliament (by complex procedure). = ; = after retirement, they cannot practice in any Indian Cour. Salary Salary is given from consolidated fund which is not deducted (except during financial emergency). Chief Justice's salary @ 1 lakh, Independence of Judges Decisions and actions of judges eannot be criticised Any type of conduct of judges cannot be discussed in Pacliament except in the case of removal. Chief Justice of India is appointed on seniority basis. Jurisdiction ‘The functions and responsil ties of the Supreme Court re defined by the Constitution. The jurisdiction of the Supreme Court may be categorised as Original Jurisdiction Disputes between the Government of India and one or more states, Dispute between the Government of India and one or more states on one side and one or more state on the other side. Disputes between two or more states (¢.g., Kaveri water C dispute between Karnataka, Tamil Nadu and Puducherry). Public Interest Litigation ‘SP Gupta es Union of India Case, 1982, Supreme Court held that any member of the public can approach the -ourts for violation of Fundamental Rights of others, (who may not have sufficient resources to reach the courts), even through a post card, PN Bhagwati and VR Krishna Ayer were the prominent justices to have laid down the must work for public interest alon, -onditions for such appeals, popularly called PIL. But PILs WRIT JURISDICTION Far he enforcecat ofthe Pandamental Right Habeas Corpus I inplies that a pestonimpasoned or detained bythe law cat enqive fem he seve bo ander what authonty be has been mpenoned rent Mandamus Literally means «command sed by the out commanding a person ge a publi autheet doe forbade to do something the edure ofa ey Quo Warranto An order sued by person fam hong ofc tw nine bist hin fon that see Certiorart Iisa wit which orders the removal ofa uit from an frie cout sperior coun on a a order of lower court, rea th Prohbion 1 higher cout top proceding in lower court on the ground of overstepehoe et ees or ulation ofthe ules of natural untae OUI the court to prevent a he is not entitled and to ‘Scanned with CamScannerAdvisory Jurisdiction (article 143) As the highest court in the country, th Supreme Court can be consulted by ne president on certain issues, ifthe President fel that an important legal question or Reva. ablic interest has come to him he eat sek th Supreme Court for its advice. The Supreme. Court in such cases would consider it and give i opinion to the President, but such am pinion is not binding on the President. Appellate Jurisdiction Three types of appeal can be made to the Supreme Court, which are as follow () There can be an appeal against any decision or order of a Fligh Court if the Ligh Court gives a certificate that it involves some question of interpretation of the Constitution. (i) There can be an appeal against civil cases decided by a High Court, if the High Court gives a certificate that the case involves a substantial question of law. (ii) In respect of criminal cases too there can be an appeal to the Supreme Court. If a High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or if by withdrawing a case from the lower court to itself it has sentenced a person to death, | one can go for an appeal to Supreme Court. Revisory Jui tion (Article 137) The Supreme Court can review any judgement given by itself. The Supreme Court is also given the power under our Constitution to transfer @ case that is being decided in any court and bring it to itself. If it feels that an important question of law is involved, Parliament can confer on the Supreme Court more powers by passing a law. Election Jurisdiction | ‘The Supreme Court has obligation to decide on the disputes regarding the election of the President and the Vice-President. Court of Record (Article 129) All the decisions and proceedings of the Supreme Court are kept as records and are quoted as precedents in the court. ee ‘an punish for its own contempt, if any one deed nor abide by its decision. So, the Supreme | Court is called a ‘Court of Record’. STATE GOVERNMENT Ik deals with the government at state level, duties and functions of Chief Minister and his ministers, Governor, High Court Advocate General of the State. The State Executive ‘The Governor and the Council of Ministers headed by the Chief-Minister constitute the State Executive. GOVERNOR Appointed by the President, on the advice of the Council of Ministers headed by the Prime Minister. Same person can be appointed Governor for more than one state. Qualification + Under Article 158, the Constitution lays down the following conditions for the Governors office i, He must be citizen of India. He should be more than 35 years of age. Iii, He should not be 2 member of either House of Parliament and the State Legislature. iv He must not hold any government office of profit. Tenure Constitution prescribes a 5 year term but itis subject to the pleasure of the President. Power + Executive Powers Appoints the Council of Ministers (on the advice of CM). + Appoints the Advocate General, the Chairman and members of the State Public Service Commission. + ‘Acts as the representative of the President. Legislative Powers + He summons and prorogues the session of the State Legislative. + He can dissolve the State Assembly before the expiry of its fall =. «+ He addresses the first session of the legislature after every lection ‘and first session every year. + He.cas ue ordinances, appoints 1/6th members of Legislative Geil on the advice of Chet = + Nominates one member from the Anglo-Indian community (if not proper representative). + Gives assent to the bills to make it a law. The Governor bas three alternative, which are as follow 1, He can give his assent to the Bill. ii, He can return it (other than a Money Bill) for reconsideration, suggestion, alterations. But such bills when passed again, have to Se pen seat He may reserve the Bill for the assent of the President. ‘Scanned with CamScannerFinancial Powers i Ensures that the budget is Isid, Money Bills can be introduced on his recommendation only. Judicial Powers + He is consulted by the President of India for the appointment of judges in the High Court. * Appoints judges of courts below the High Court, can grant pardon, (same point) reprieve or remission of Punishment for offence against state laws, Emergency Powers ‘The Governor exercises important power during emergency which is also known as ‘President Rule’. (Article 356) Other Powers Receives and tables the report by State Auditor General ‘Act as Chancellor of state universities and appoints Vice-Chancellor, CHIEF MINISTER + Article 164 (1) Appointed by Governor, generally the majority party leader is appointed. A Chief Minister is the elected Head or Government of the State, and is vested with most of the Executive Power. He enjoys the supports of legislators of the political party or coalition commanding an assembly majortiy. + The Governor is the Normal Executive authority (de-jure executive) and the Chief Minister is the Real Executive Authority (de facto executive). + There are no educational or qther qualification about his, appointment. Under the Constitution, all that is needed is that such a person is a citizen of India and possesses such qualifications, as are required for becoming a member of the Legislative Assembly. + Such a person could be member of either House of the Legislature or even an outside though incase he is not a member of State Legislative can be appointed CM, but he has to get himself elected within six months otherwise would have to be removed. + The Governor may first appoint the Chief Minister then ask him to prove his majority in the Legislative ‘Assembly within a reasonable period. + If the Chief Minister resigns, entire ministry resigns. The State Legislature + Every state has a legislature, Some of the State Legislatures have 2 houses; Legislative Assembly (Vidhan Sabha), the Lower House and Legislative Council (Vidhan Parishad), the Upper House. + States having Bicameral Legislature Uttar Pradesh, Bihar, Jamm0 and Kashmir, Maharashtra, Karnataka and Andhra Pradesh. + State Legislative Council can be created and abolished by the Parliament on the recommendation of Legislative Legislative Council + It is known as Upper House, it cannot be dissolved. + The maximum steength of the council is fixed at ‘one-third of the total strength of the Assembly and minimum strength is 40. Legislative Council are elected in accordance with the system of proportional respresentation by means of the Single Transferable Vote. + The council is constituted as provided in Clause (3) of Article 171. Strength and Election + Te eannot be larger than 1/3rd of the Legisl Assembly of the State. 1/3rd are elected by the local government bodies like Zila Parishad, municipalities. Another 1/3rd are elected by Members of Legislative Assembly of the State. + 1/12th are elected by a constituency of graduates and another 1/12th by teachers of secondary schools, colleges and universities. + 1/oth of the total members are nominated by the Governor from the persons of special knowledge or practical experience of literature, science, art, co-operative movement and tenure social service. + 6 years tenure with 1/3rd members retiring every 2 years. Qualifications *+ A citizen of India, age not below 30 years. + Chairman and Vice-Chairman elected from among its members. LEGISLATIVE ASSEMBLY + Term-5 years + Tecan be dissolved before its term too. Term can be extended by 1 year during national emergency. + The Constitution says that the Governor may appoint ‘one member from the Anglo-Indian Community i it not adequately represented in the house. + Rest of the member are elected directly by the people from the territorial constituencies. Article 179(1) holds that the Legislative Assembly of each nice shal evoeit of not more than five hundred, and mot less than sisty, members chosen by direct election from territenal constituencies in the Stat. ‘Scanned with CamScannerstrength sirength of legislative assemblies cannot be m Sa mmr mae Mizoram and Nagaland 4's #0 eed At econ quali ications PAccitizen of India, age not less than 25 years. «Seer and Deputy Speaker chosen from among it members «+ Must possess other qualifications prescribed by Parliament, under the Representation of People Act, 1951. HIGH COURTS « The Constitution provides High Court for every state. But even two or more states can have a common High Court if provided by the Parliament. - Presently there are 24 high courts in India (2143 State high courts). Meghalaya, Manipur and Tripura are the new high courts. - The High Court consists of a Chief Justice and some other judges appointed by the President of India. - There is no upper limit on the number of judges. Qualifications + He/she must be a citizen of India, + Must have held a judicial office for at least 10 years or be 4 distinguished jurist in the opinion of the President. * He should have for at least 10 years been an advocate in High Court or of two or more such courts in succession. Appointment + For the appointment of the Chief Justice of a High Court the President consults the Chief Justice of India and Governor of the concerned state. * Other judges are also appointed according to the same Procedure. * The Constitution bench of Supreme Court held that the opinion of Chief Justice (Supreme Court and High Court) will be given priority in both the appointment as well as transfer of senior judges. “Term A Judge of High Court hold office till he attains the age of 62 years. Their term can be shortened, if he tives resignation and can be cut short if removed by the President. * Judges of one High Court can be transferred to another igh Court. “Removal ‘They can be removed through the same procedure as followed inthe ease of a Judge of the Supreme Court (Parliament passes the resolution by a 245td majority of its members present and voting). Jurisdiction of High Court + ‘The High Court is the highest court of appeal civil and criminal eases in the states. “The high courts of Delhi, Kolkata, Chennai and have both appellate and original jurisdiction. both Mumb ‘The original jurisdiction of the High Court of other states is limited only to the matters mentioned in the Constitution, . + In eivil eases, an appeal can go the the High Court if the amount involved in the cave exceeds 20000. + Appeals in criminal eases from the lower courts. + ‘The conduct of judges of High Court cannot be discussed in Parliament except on a motion for the removal of a judge. + ‘The High Court has a power to issue writs both for the enforcement of Fundamental Rights and for other purposes. (Article 226). But Supreme Court can issue Writs only for the violation of Fundamental Rights. So, the Writ Jurisdiction of high courts is wider than that of Supreme Court. + The High Court has a power of superintendence over all courts or tribunals (except military tribunals) within their respective jurisdiction. + High Court has the power to transfer cases either to themselves or from one lower court to another lower court. High Coure supervises the working of all subordinate courts and frames rules and regulations for the transaction of business and it examines records of lower courts also. Subordinate Courts + Articles 233 to 237 in part VI of the Con: makes the provision to regulate the organisation of subordinate cours and to ensure their independence from executive + The appointment, posting and promotion of District Judge in a State are made by the Governor of the Stare in consultation with the High Court, Gram Nyayalayas + This act, came into force from 2nd October, 2009 to provide for the establishment of Gram Nyayalayas at the grass root level for the purpose of providing access to justice at the doorsteps of citizens, + The Central Government will meet the non-securing expenditure of courts. More than 5000 Gram Nyayalayas are expected to be set-up. Lok Adalat + Itis an alternative dispute settlement mechanism which settles disputes through conciliation and mediation. + Al legal disputes pending in civil, criminal, revenue courts and tribunals can be taken to Lok Adalat. ‘Scanned with CamScannerCONSTITUTIONAL BODIES OF INDIA Attorney General + The Attorney General of India is appointed by the President of India under Article 76 of the Constitution. A person ‘qualified to be a Judge of Supreme Court is appointed to such a post. + He is the highest legal advisor to the government and is consulted in all important cases. He also appears in the seamen Court on behalf of Government of India to conduct cases. He has the right of audience in all the courts « nd can take part in the proceedings of cither House of Parliament, but he is not entitled to vote. He holds office during the pleasure of the President. \omptroller and Auditor General (CAG) He is appointed by the President for control and audit of public accounts. His main functions are as follow + To keep a vigilant watch on the finance of Union and the States. + To submit periodic reports to the President and governors of state for consideration of Parliament and State Legislature, + To see that the amount voted by the legislature are spent under appropriate heads and they are not exceeded. A inance Commission (Article 280) Composition Under Article 280 of the Constitution, provision has been made for the Constitution of a Finance Commission within two years of the commencement of the Constitution and thorcrfier on the expiry of Sth year. It consists of a Chairman ind four other members appointed by the President. Functions In is duty of the Finance Commission to make yecommendations to the President as 10 the distribution between the Union and States of net pe cecds of the taxes which are divisible between the Union and the States. a «the principles which should govern the grants-in-aid of-9 aoe Pree the states out of Consolidated Funds of Ins augment Consolidated Fund of State. matter referred to the commission by the in the interest of sound finance. + measure of + Any other President ii Union Public Service Commission (UPSC) «+ Itis a constitutional body. + ‘the Chairman and other members of UPSC are appointed by the President + Every member holds office for a term of 6 years or unt he attains age of 65 years, whichever Seat + He can submit his resignation at any time to the President, He may be removed from his office by the President on grounds of misbehaviour or incapacity. State Public Service Commission (SPSC) + SPSC consists of a chairman and other members appointed by the governor of the state. + ‘The chairman and members of the commission hold office for a term of six years or until they attain the Sige of 62 years. They can relinquish their offices at dy time by addressing their resignation to the governor. «+ Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the President. Election Commission (Article 329) + It consist of Chief Election Commissioner (CEC) and two Election Commissioners (EC). + ‘The CEC and other EC are appointed by the President. + Tenure for CEC and EC 6 years or 65 years of age whichever is earlier. First CEC of India Sukumar + Removal CEC can be removed in the same manner 3s.a Judge of Supreme Court of India. + Other EC can be removed ., President on the recommendation of CEC, UNION TERRITORIES (ARTICLES 239-241) It deals with Union Territories’ + Union Territories’s are administered by the President. ” + Adininisteators of Andamans and Nicobar Islands, Delhi and Puducherry are designated as Lieutenant Governors. + Chandigarh administered by Cl Commissioner. ‘Scanned with CamScannerives special Jammu and Kashmir (Special sjatus) and Kashmir fate at the time of « Jammu and Kashmir has its own it sno an Kashi M separate Const shich was formed by is own Conan eek « Itexercises dual citizenship. Person who belong tothe state of Jammu and Kesher, purchase any immovable property in this state. + In case of constitutional breakdown, besides President rule the Governors tule cae aes ke posed for a maximum period of 6 months, " + The Union of India has no power for the proclamation of Financial Emergency in Jammu and Kai + The Indian Parliament has no power to change the same, boundary or territory of Jammu and Kashmir without the consent of State Legislature. + Only National Emergency proclaimed on grounds of war and external aggression shall have automatic extension to Jammu and Kashmir. On the contrary, National Emergency proclaimed on the basis of armed rebellion shall not be automatically extended to Jammu and Kashmir. PANCHAYATS The idea of Panchayat Raj forms a basic test of the Gandhian philosophy that concision village councils as the units of lefe-governance. Duration Ivhas five years of duration from the day appointed for its fist meeting. Election * Before the expiry of its duration. * Before the expiry of a period of 6 months from the date of its dissolution. Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than 6 months, it shall not be necessary to hold any election for such period, Reservation in Panchayats Seats shall be compulsorily reserved for Scheduled Castes and Scheduled Tribes seats to be reserved for backward classes is left at the discretion of the State Government one third of the seats are reserved for women. STATE FINANCE COMMISSION ‘There is provision of State Finance Commission to review! the financial position of Panchayats and recommended grantin-aid. Ut shall make the follwing recommendations tothe Governor + The distribution between the state and Panchayats of the net proceeds of taxes, tolls and fees be viable by the states + The determination of the taxes, duties, tolls and fees which may be assigned to the Panchayats. + ‘The principle that will determine grantin-aid to the Panchayats a ee ey Municipalities (Article 243) + The first Municipal Corporation was established in Madras Presidency in 1687: + Duration 5 years. : + Blection must be held before the expiry of its duration, or before the expiration of a period of 6 months from the date of its dissolution. Amendments of the Constitution (Article 368) Ir deals with constitutional amendment. An amendment to the Constitution can be initiated in either House of the Parliament and there is no provision of joint session here. President has to, under all conditions, provide his consent to such a bill. He cannot withhold his assent nor can be return it, ‘Scanned with CamScanner