THE CONSTITUENT ASSEMBLY & FRAMING OF

THE CONSTITUTION

1. It was M.N Roy who proposed the idea of an

independent constituent assembly for India in
1934.
2.The constituent assembly was formed as per
the guidelines suggested by the Cabinet Mission
Plan, 1946. The mission was headed by Pethick
Lawrence and included two other members apart
from him – Stafford Cripps and A.V Alexander.

3. The total strength of the assembly was 389.

However, after partition only 299 remained. It
was partly elected and partly nominated body.

4. The elections to form the assembly took place

in July-August 1946 and the process was
completed by November 1946. The first meeting
of the assembly took place on 9th December,
1946 and was attended by 211 members.

5. Dr. Sachhidanand Sinha became the temporary

President of the assembly following the French
practice.
6. On 11th December, 1946 Dr. Rajendra Prasad
and H.C Mukherji were elected as President and
Vice-President respectively.

7. Sir B.N Rau was appointed as the

constitutional advisor to the assembly.

8. On 13th December, 1946, Pt. Nehru moved the

Objectives resolution which later went on to
become the Preamble of the constitution in
slightly modified form. The resolution was
unanimously adopted on
22nd January, 1947.

9. The Constituent Assembly ratified India’s

membership of the commonwealth in May, 1949.
Also, it adopted National Song and National
Anthem on 24th January 1950. Adopted the
National Flag on 22nd July, 1947.

10. The assembly met for 11 sessions, took 2

years, 11 months and 18 days to frame up the
final draft, sat for 141 days in total and draft
constitution was considered for 114 days. Total
amount incurred was around rupees 64 lakhs.
11. The assembly had 15 women members which
were reduced to 9 after partition.

12. Some important committees of the

constituent assembly along with their respective
chairpersons are as follows:
(a) Union Powers Committee-Jawahar Lal Nehru
(b) Union Constitution Committee-Jawahar Lal
Nehru
(c) Provincial Constitution Committee-Sardar
Patel
(d) Drafting Committee- B.R Ambedkar
(e) Rules of Procedure Committee-Dr. Rajendra
Prasad
(f) Steering Committee-Dr. Rajendra Prasad

13. The following were the members of the

Drafting Committee
(a) Dr. B.R Ambedkar (Chairman)
(b) Alladi Krishnaswamy Ayyar
(c) Dr. K.M Munshi
(d) N. Gopalaswamy Ayyangar
(e) Syed Mohammad Saadullah
(f) N Madhava Rau
(g) TT Krishnamachari

14. The final draft of the constitution was

adopted on 26th November, 1949 and it
contained 8 schedules, 22 parts and 395 articles.
VARIOUS SOURCES OF THE INDIAN
CONSTITUTION
PARTS OF THE INDIAN CONSTITUTION

I The Union and its territory 1 to 4

II Citizenship 5 to 11

III Fundamental Rights 12 to 35

IV Directive Principles of State Policy 36 to 51

IV-A Fundamental Duties 51-A

V The Union Government 52 to 151

VI The State Governments 152 to 237

VIII The Union Territories 239 to 242

IX The Panchayats 243 to 243-0

IX-A The Municipalities 243-P to 243-ZG

X-B The Co-operative Societies 243-ZH to 243-ZT

X The Scheduled and Tribal Areas 244 to 244-A

XI Relations between the Union and the States
245 to 263

XII Finance, Property, Contracts and Suits 264

to 300-A

XIII Trade, Commerce and Intercourse within the

Territory of India 301 to 307

XIV Services under the Union and the States 308

to 323

XIV-A Tribunals 323-A to 323-B

XV Elections 324 to 329-A

XVI Special Provisions relating to Certain Classes

330 to 342

XVII Official Language 343 to 351

XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of the Constitution 368

XXI Temporary, Transitional and Special

Provisions 369 to 392

XXII Short title, Commencement, Authoritative

Text in Hindi and Repeals 393 to 395
SCHEDULES OF THE INDIAN CONSTITUTION

First Schedule:
1. Names of the States and their territorial
jurisdiction.
2. Names of the Union Territories and their
extent.

Second Schedule:
Provisions relating to the emoluments,
allowances, privileges etc.

Third Schedule:
Forms of Oaths or Affirmations etc.

Fourth Schedule:
Allocation of seats in the Council of States.

Fifth Schedule:
Provisions relating to the administration and
control of scheduled areas and scheduled tribes.
Sixth Schedule:
Provisions as to the administration of tribal areas
in the states of Assam, Meghalaya, Tripura and
Mizoram.

Seventh Schedule:
Division of powers between the Union and the
States in terms of List I (Union List), List II (State
List) and List III (Concurrent List.

Eighth Schedule:
Languages recognized by the Constitution.
Originally, it had 14languages but presently
there are 22 languages.

NOTE : Maithili and Santhali were added by the

92nd Amendment Act of 2003.

Ninth Schedule:
Acts and Regulations (originally 13 but presently
282) of the state legislatures dealing with land
reforms and abolition of the Zamindari system
and of the Parliament dealing with other matter.
Added by the 1st Amendment (1951).

Tenth Schedule:
Disqualification of the members of Parliament
and State Legislatures on the ground of defection.
Added by the 52nd Amendment Act of 1985, also
known as Anti-defection Law.

Eleventh Schedule :
Specifies the powers, authority and
responsibilities of Panchayats. It has 29 matters.
This schedule was added by the 73rd Amendment
Act of 1992.

Twelfth Schedule:
Specifies the powers, authority and
responsibilities of Municipalities. It has 18
matters. This schedule was added by the 74th
Amendment Act of 1992.
THE PREAMBLE

1. The term ‘preamble’ refers to the introduction

or preface to the Constitution. It’s a kind of
summary or essence of the Constitution.

2. The American Constitution was the first to

begin with a preamble.

3. N.A Palkiwala has termed preamble as ‘the

identity card of the constitution’.

4. Somewhat based on the ‘Objectives

Resolution’ (see Constituent Assembly).

5. The Preamble has been amended only once so

far, that is by 42nd Amendment Act of 1976.
Three words were added by that amendment –
SCOIALIST, SECULAR, INTEGRITY.

6. The Preamble reveals four ingredients or

components:
A. Source of authority of the Constitution: The
Preamble states that the Constitution derives its
authority from the people of India.

B. Nature of Indian State: It declares India as a

sovereign, socialist, secular democratic and
republican polity.

C. Objectives of the Constitution: To provide

justice, liberty, equality and fraternity to the
citizens of India.

D. Date of adoption of the Constitution: 26th

November, 1949.

7. Berubari Union case (1960) - the Supreme

Court said that the Preamble isn’t a part of the
Constitution.

8. Kesavananda Bharati case (1973) - the

Supreme Court rejected the earlier opinion and
held that Preamble is a part of the Constitution.
9. The Preamble is neither a source of power to
legislature nor a prohibition upon the powers of
legislature. Provisions in the preamble are non-
enforceable in the court of law, that is, it’s non-
justiciable.

THE UNION & ITS TERRITORY

1. Articles 1 to 4 under Part-I of the Constitution

deal with the Union and its territory.

2. Article 1-India, that is, Bharat as a ‘Union of

States’.
3. Article 2 empowers the Parliament to ‘admit
into the Union of India, or establish, new states
on such terms and conditions as it thinks fit’.
Thus, Article 2 grants two powers to the
Parliament: (a) the power to admit into the Union
of India new states; and
(b) the power to establish new states.

4. Article 3 relates to the formation of or changes

in the existing states of the Union of India. In
other words, Article 3 deals with the internal re-
adjustment inter se of the territories of the
constituent states of the Union of India.

5. Some committees that were important in the

reorganization of states in the Indian Union –
Dhar Commission, JVP Committee, Fazl

Ali Commission and states reorganization

Commission (1st one was in 1956).

6. Hence new states that were created after 1956

with year -Maharashtra and Gujarat In 1960, Goa,
Daman and Diu India acquired these three
territories from the Portuguese by means of a
police action in 1961. They were constituted as a
union territory by the 12th Constitutional
Amendment Act, 1962. Later, in 1987, Goa was
conferred a statehood, Nagaland In 1963,
Haryana, Chandigarh and Himachal Pradesh In
1966, Manipur, Tripura and Meghalaya In 1972,
Sikkim in 1974-75, Mizoram, Arunachal Pradesh
and Goa In 1987, Chhattisgarh, Uttarakhand and
Jharkhand In 2000, and now most recently
Telangana on 2nd June, 2014.

THE CITIZENSHIP

1. Part 2nd and covers articles 5-11.

2. The Constitution confers the following rights

and privileges on the citizens of India (and
denies the same to aliens):
A. Article 15, 16, 19, 29 & 30.

B. Right to vote in elections to the Lok Sabha

and state legislative assembly.

C. Right to contest for the membership of the

Parliament and the state legislature.

G. Eligibility to hold certain public offices, that is,

President of India, Vice-President of India, judges
of the Supreme Court and the high courts,
governor of states, attorney general of India and
advocate general of states.

3. Articles 5-8 only deal with the citizenship of

individuals who becamecitizens of India at the
commencement of the Constitution. Also, these
articles take into account migration issues.

4. No person shall be a citizen of India or be

deemed to be a citizen of India, if he has
voluntarily acquired the citizenship of any
foreign state (Article 9).

5. Every person who is or is deemed to be a

citizen of India shall continue to be such citizen,
subject to the provisions of any law made by
Parliament (Article 10).

6. Parliament shall have the power to make any

provision with respect to the acquisition and
termination of citizenship and all other matters
relating to citizenship (Article 11).

7. Hence, the Parliament enacted the Citizenship

Act, 1955, which has been amended in 1986,
1992, 2003, and 2005 and most recently in 2015.
The amendment bill 2016 is still pending though.

8. The five modes of acquisition of citizenship as

per the citizenship act are

(a) By Birth
(b) By Descent
(c) By Registration
(d) By Naturalization
(e) By acquisition of any other territory into the
Indian Union.

9. Loss of Citizenship is by – Termination,

Renunciation and Deprivation.

10. India provides for single citizenship.

11. PIO- A person registered as PIO card holder
under the Ministry of Home Affairs’ scheme
dated 19-08-2002.

12. OCI- A person registered as Overseas Citizen

of India (OCI) under the Citizenship Act, 1955.
The OCI scheme is operational from 02-12-2005.

13. Now both the schemes have been merged

with effect from 9th January, 2015.

PART – 3rd THE FUNDAMENTAL RIGHTS (12-

35)

1. Described as the Magna Carta of India.

2. The concept has been taken from the US’ bill
of rights.

3. The Fundamental Rights are named so because

they are guaranteed and protected by the
Constitution, which is the fundamental law of
the land. They are ‘fundamental’ also in the
sense that they are most essential for the all-
round development (material, intellectual, moral
and spiritual) of the individuals.

4. The original constitution contained seven

fundamental rights, however, after 44th
constitutional amendment act, 1978, right to
property was repealed and now only six
fundamental rights remain.

5. Following are the articles related to the

fundamental rights
A. 12- Definition of the State
B. 13- Laws inconsistent with part-3 or
Fundamental Rights

6. Following is the segregation of the

Fundamental Rights
C. Right to equality (Articles 14–18)
(a) Equality before law and equal protection of
laws (Article 14).
(b) Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth (Article
15).
(c) Equality of opportunity in matters of public
employment (Article 16).
(d) Abolition of untouchability and prohibition of
its practice (Article 17).
(e) Abolition of titles except military and
academic (Article 18).

D. Right to freedom (Articles 19–22)

(a) Protection of six rights regarding freedom of:
(i) speech and expression,
(ii) assembly,
(iii) association,
(iv) movement,
(v) residence, and
(vi) profession (Article 19).

(b) Protection in respect of conviction for

offences (Article 20).
(c) Protection of life and personal liberty (Article
21).

(d) Right to elementary education (Article 21A).

(e) Protection against arrest and detention in
certain cases (Article 22).

E. Right against exploitation (Articles 23–24)

(a) Prohibition of traffic in human beings and
forced labour (Article 23).

(b) Prohibition of employment of children in

factories, etc.(Article 24).

F. Right to freedom of religion (Article 25–28)

(a) Freedom of conscience and free profession,
practice and propagation of religion (Article 25).

(b) Freedom to manage religious affairs (Article

26).

(c) Freedom from payment of taxes for promotion

of any religion (Article 27).

(d) Freedom from attending religious instruction

or worship in certain educational institutions
(Article 28).

G. Cultural and educational rights (Articles 29–30)

(a) Protection of language, script and culture of
minorities (Article 29).

(b) Right of minorities to establish and

administer educational institutions (Article 30).

H. Right to constitutional remedies (Article 32)-

Heart and Soul of the Constitution. Right to
move the Supreme Court for the enforcement of
fundamental rights including the writs of

(i) habeas corpus, (ii) mandamus, (iii) prohibition,

(iv) certiorari, and (v) quo warranto (Article 32).

7. Article 33 deals with the power of Parliament

to modify the fundamental rights.

8. Article 34 deals with Martial Law

9. Article 35 deals with legislations required to

deal with fundamental rights
10. Fundamental Rights which are available to
only citizens - 15, 16, 19, 29 and 30.

11. Fundamental Rights those are available to

both citizens as well as non-citizens – 14, 20, 21,
21A, 22, 23, 24, 25, 26, 27 and 28.

DIRECTIVE PRINCIPLES OF STATE POLICY

1. Mentioned in part-4th and cover articles from

36-51 of the Constitution of India.

2. Called as Novel Features of the Constitution.

3. Inspired by the Irish constitution.

4. Similar to the Instruments of Instructions

mentioned in the Government of India Act, 1935.

5. Together with fundamental rights they are

termed as the conscience of the constitution.

6. ‘Directive Principles of State Policy’ denotes

the ideals that the State should keep in mind
while formulating policies and enacting laws.
These are the constitutional instructions or
recommendations to the State in legislative,
executive and administrative matters.

7. The DPSPs constitute a very comprehensive

economic, social and political programme for a
modern democratic State. They aim at realising
the high ideals of justice, liberty, equality and
fraternity as outlined in the Preamble to the
Constitution. They embody the concept of a
‘welfare state’.

8. The Directive Principles are non-justiciable in

nature, that is, they are not legally enforceable
by the courts for their violation. Therefore, the
government (Central, state and local) cannot
becompelled to implement them. Nevertheless,
the Constitution (Article 37) itself says that
these principles are fundamental in the
governance of the country and it shall be the
duty of the State to apply these principles in
making laws.

9. Some Important Articles in DPSPs are :

A. To promote the welfare of the people by

securing a social order permeated by justice—
social, economic and political—and to minimise
inequalities in income, status, facilities and
opportunities4 (Article 38).

B. To secure (a) the right to adequate means of

livelihood for all citizens; (b) the equitable
distribution of material resources of the
community for the common good; (c) prevention
of concentration of wealth and means of
production; (d) equal pay for equal work for men
and women;
(e) preservation of the health and strength of
workers and children against forcible abuse; and
(f) opportunities for healthy development of
children5 (Article 39).

C. To promote equal justice and to provide free

legal aid to the poor (Article 39 A). This was
added by 42nd constitutional amendment act,
1976.

D. To secure the right to work, to education and

to public assistance in cases of unemployment,
old age, sickness and disablement (Article 41).

E. To make provision for just and humane

conditions for work and maternity relief (Article
42).
F. To take steps to secure the participation of
workers in the management of industries8
(Article 43 A). Also added by 42nd constitutional
amendment act, 1976.

G. To organise village panchayats and endow

them with necessary powers and authority to
enable them to function as units of self-
government (Article 40).

H. To promote cottage industries on an

individual or co-operation basis in rural areas
(Article 43).

I. To prohibit the consumption of intoxicating

drinks and drugs which are injurious to health
(Article 47).

J. To prohibit the slaughter of cows, calves and

other milch and draught cattle and to improve
their breeds (Article 48).

K. To secure for all citizens a uniform civil code

throughout the country (Article 44).

L. To provide early childhood care and education

for all children until they complete the age of six
years (Article 45). Also, amended by 86th
constitutional amendment act, 2002.

M. To separate the judiciary from the executive

in the public services of the State (Article 50).

N. To promote international peace and security

and maintain just and honourable relations
between nations; to foster respect for
international law and treaty obligations, and to
encourage settlement of international disputes
by arbitration (Article 51).

10. The 86th Amendment Act of 2002 changed

the subject-matter of Article 45 and made
elementary education a fundamental right under
Article 21A. The amended directive requires the
State to provide early childhood care and
education for all children until they complete the
age of six years.

11. The 97th Amendment Act of 2011 added a

new Directive Principle relating to co-operative
societies. It requires the state to promote
voluntary formation, autonomous functioning,
democratic control and professional management
of co-operative societies (Article 43B).

12. The DPSPs are instructions to the State.

FUNDAMENTAL DUTIES

1. They are set of 11 guidelines to the citizens.

2. The original constitution did not mention

about the FDs.
3. The idea has been taken from the former
Soviet Constitution and now even Russia does
not have them. Probably only Japan is one such
major county which has an exclusive chapter on
fundamental duties.

4. In 1976, the fundamental duties of citizens

were added in the Constitution. In 2002, one
more Fundamental Duty was added.

5. They were added on the recommendations of

the Swaran Singh Committee which was
constituted by Indira Gandhi in 1975. It
recommended only 8 fundamental duties then
with pecuniary punishments as well. However,
the government did not welcome the
punishments part.

6. A new part – 4th A, A NEW ARTICLE 51A were

added by virtue of 42nd constitutional
amendment act, 1976. Ten duties were added to
51A.

Presently there are eleven duties.

7. The 11th Fundamental Duty was added by

86th amendment act, 2002.
8. Following is the list

(a) To abide by the Constitution and respect its

ideals and institutions, the National Flag and the
National Anthem;

(b) To cherish and follow the noble ideals that

inspired the national struggle for freedom;

(c) To uphold and protect the sovereignty, unity

and integrity of India;

(d) To defend the country and render national

service when called upon to do so;

(e) To promote harmony and the spirit of

common brotherhood amongst all the people of
India transcending religious, linguistic and
regional or sectional diversities and to renounce
practices derogatory to the dignity of women;

(f) To value and preserve the rich heritage of the

country’s composite culture;

(g) To protect and improve the natural

environment including forests, lakes, rivers and
wildlife and to have compassion for living
creatures;

(h) To develop scientific temper, humanism and

the spirit of inquiry and reform;

(i) To safeguard public property and to abjure

violence;

(j) 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; and

(k) To provide opportunities for education to his

child or ward between the age of six and fourteen
years. This duty was added by the 86th
Constitutional Amendment Act, 2002

THE PRESIDENT
(1) Article 52 – There shall be a President of India

(2) Article 53 – Executive power of the Union:

The executive power shall be vested in the
President and shall be exercised by him either
directly or through officers’ sub-ordinate to him.

(3) He is the supreme commander of the defense

forces in India.

(4) Though he’s only the constitutional head, or

titular head, de jure head or nominal executive
or just a symbolic head.

Election of the President

1. The President shall be elected by the members

of an ELECTORAL COLLEGE consisting of:

(a) The ELECTED MPs

(b) The ELECTED MLAs of the states

(c) The ELECTED MLAs of National Capital

territory of Delhi (added by 70th Amendment Act,
1992 and with effect from 1-06-1995) and Union
territory of Puducherry.

2. Thus, nominated members of parliament and

legislative assemblies and members of legislative
councils do not participate in presidential
election.

3. Article-55 provides for manner of election and

there should be uniformity and representation
throughout the Nation as per the constitution.
Hence, MPs and MLAs have been assigned votes
as per their representation.

4. Election is held in accordance with system of

proportional representation by means of single
transferable vote and voting is done by secret
ballot.

5. All doubts and disputes arising out of the

Presidential elections are decided into and
enquired by the Supreme Court whose decision is
final.

6. The elections are monitored and conducted by

the Election Commission of India.
7. Only one President, that is, Neelam Sanjiva
Reddy has been elected unopposed so far.

8. Dr. Rajendra Prasad is the only President to

have been elected twice.

9. Two Presidents – Dr. Zakir Hussain and

Fakhruddin Ali Ahmed have died in the office.

Term of office (Article 56) and Re-election

(Article 57)

1. Term – 5 years.

2. Resignation is addressed to the Vice-President.

3. The President is eligible for re-election for any

number of terms.

Qualification (Article 58), Conditions (Article 59)

& Oath (Article 60)

1. Eligibility -

(a) citizen of India

(b) 35 years

(c) Is eligible for election as an MP of the House

of the People.

2. Shouldn’t hold office of profit.

3. The President shall not be a member of either

House of Parliament of any Legislature. Even if
such a member is elected, he is deemed to have
vacated that seat.

4. The nomination of a candidate for election

must be subscribed by at least 50 electors as
proposers and 50 electors as seconders.

5. Oath administered by the Chief Justice of

India or in his absence the senior-most judge of
the Supreme Court available.

6. Emoluments, allowances and privileges etc. as

may be determined by the parliament and which
can’t be diminished during his term.

7. He is immune from any criminal proceeding

during his term. He can’t be arrested or
imprisoned. However, after two-month’ notice
civil proceedings can be initiated against him
during his term in respect of his personal acts.

Impeachment of the President (Article 61)

1. A formal removal of the President from his

post by constitutional means.

2. He isimpeached for the ‘Violation of the

Constitution’. However, the term is defined
nowhere in the constitution.

3. The charges can be preferred by either house

of the parliament.
However, a 14-days’ notice shall be served to the
President before the acceptance of such a
resolution.

4. Also, that notice must be signed by at least

one-fourth members of the total members of that
house which initiated the charges.

5. After the acceptance of that bill in that house,

that impeachment bill must be passed by the
majority of 2/3rd of the total membership of that
house.

6. Then that bill goes in another house which

should investigate the charges and the President
shall have the right to appear and to be
represented at such an investigation.

7. If another house sustains the charges and

finds the President of violation, and passes that
resolution by 2/3rd of the total membership of
that house, the President stands removed from
the date the resolution is so passed.

8. Hence, impeachment is a quasi-judicial

process. And though, the nominated members of
Parliament do no participate in his election, they
take part in the impeachment process. Also,
states’ legislatures do not have a role in the
impeachment process.

Powers of the President

1. Executive Powers

1. All executive actions are taken in his name.

He is the formal, constitutional, titular head or
de jure head of the Government.
2. Appoints the P.M and other ministers on P.M’s
advice.

3. Appoints the Attorney General of India, CAG,

Chief Election Commissioner and other
Commissioners, the chairman and members of
UPSC, Governors of states, Chairman and
members of Finance Commission etc.

4. He appoints Inter-State Council and he is the

one who can declare any area as scheduled area
and decides on the matter of declaration of any
tribe as scheduled tribe.

2. Legislative Powers

1. Summons and Prorogues the Parliament and

dissolves the Lok Sabha.

2. Summons the joint sitting of the two houses of

Parliament (which is presided over by the
Speaker of Lok Sabha).

3. Nominates 12 members to Rajya Sabha from

amongst people having achievements in art,
literature, science and social service and may
nominate 2 members to Lok Sabha from the
Anglo-Indian Community.

4. His prior recommendation is required in case

of presentation of certain types of bills such as
money bills, bills seeking expenditure from the
consolidated fund of India etc.

5. He can withhold his assent to bills, return the

bills to the legislatures, apply pocket veto to bills
etc.

6. He can promulgate ordinances when the

parliament is not in session.

7. He lays the reports of Finance Commission,

CAG, and UPSC etc. before the Parliament.

8. No demand for grant can be made except on

his recommendation. Also, he constitutes a
Finance Commission every five years for
distribution of revenues between center and
states.

3. Judicial Powers
1. Appoints the Chief Justice and other judges of
the Supreme Court and High courts.

2. Seeks advice from the Supreme Court on any

question of law.

3. He can grant pardon etc.

4. Emergency Powers

1. National Emergency (Article 352)

2. President’s Rule (Article 356)

3. Financial Emergency (Article 360)

5. Veto Powers

The President of India has three types of Veto

powers, namely

1. Absolute Veto- Withholding the assent to the

bill. The bill then ends and does not become an
act.
2. Suspensive Veto- Returning the bill for
reconsideration. In 2006,

President APJ Abdul Kalam used suspensive veto

in office of profit bill. However, the President can
return the bill for reconsideration to the
legislature only once, after which he has to give
his consent.

3. Pocket Veto- Taking no action on the bill sent

to the President.
There’s no time limit provided in the
constitution within which the President has to
give his assent or sign the bill. Hence, he has a
‘bigger pocket’ than the American President.
NOTE: The President has no veto power in case
of a constitutional amendment bill. He is bound
to give his assent to such bills.

6. Ordinance Making Powers (Article 123)

1. An ordinance can be issued by the President

only when both houses of Parliament are not in
session or when only one house is in session.

2. The ordinance must be approved by the

Parliament within six weeks of its reassembly.
3. Hence, maximum life of an ordinance is – six
months + six weeks.

4. He can issue an ordinance only on the advice

of the council of ministers headed by the P.M

7. Pardoning power of the President (Article 72)

1. The President has the power to grant pardon,

reprieve, commutation, remission, respite to any
persons convicted in any Union Law, or by a
court martial or in cases of death penalty.

2. It is an executive power. And the Governor

also has those powers under Article 161, however,
the Governor can’t pardon a death sentence nor
can he interfere in court martial cases.
3. The President exercises this power on the
advice of the Union Cabinet.

8. Discretionary Powers of the President

1. Appointment of the P.M when no party has a

clear majority in the Lok Sabha or when the P.M
in office dies suddenly and there’s no obvious
successor.

2. Dismissal of the council of ministers when it

can’t prove the confidence of the Lok Sabha.

3. Dissolution of the Lok Sabha if the council of

ministers has lost its majority.

4. Use of Suspensive Veto in case of bills.

THE VICE-PRESIDENT: IMPORTANT POINTS

1. The second highest post in the Indian polity

and second in order of precedence and the post
have been inspired from the US’s Constitution.

2. He is the ex-officio chairman of the council of

states or Rajya Sabha.

3. Acts as the President during casual vacancy,

removal, death or impeachment when the
President’s post falls vacant.

4. The V.P gets the salary, allowance and

remuneration etc. as the chairperson of the
Rjaya Sabha.

5. Vice-President is elected by members of an

electoral college consisting of the members of
both the Houses of the Parliament.

The election is held in accordance with the

system of proportional representation and voting
is done by the secret ballot.

6. Also no person shall be eligible for election as

the Vice-President unless he is a citizen of India
and has completed the age of 35 years

and is qualified of being a member of Rajya Sabha

and should not hold any office of profit.

7. Term is of five years from the date on which

he enters upon his office.

8. May be removed from his office by a resolution

of the Council of States passed by a majority of
all the then members of the Council and agreed
to by the House of the People; but no resolution
for the purpose of this clause shall be moved
unless at least fourteen days’ notice has been
given of the intention to move the resolution
(Article 67(b)).

9. Oath administered by the President, or some

person appointed in that behalf by him, an oath
or affirmation.

10. Dr. S. Radhakrishnan was the first V.P of

India.

11. The V.Ps who went on to become the

Presidents – Dr. S. Radhakrishnan, Zakir Hussain,
V.V. Giri, R. Venkataraman, S.D.Sharma, K.R.
Narayanan.

12. Because of the limited powers and functions

the V.P of India is also at times termed as “HIS
SUPERFLUOUS HIGHNESS”.

THE PRIME MINISTER & THE COUNCIL OF

MINISTERS

The Prime Minister

1. India has had 14 Prime Ministers so far and

Shri Narendra Modi is the 14th P.M of India of
the 17th Lok Sabha.

2. The P.M is the real executive authority or the

de facto head in the Indian form of parliamentary
governance. He is appointed by the President
(Article 75).

3. The leader of the majority party in the Lok

Sabha, or the party who comes into power after
people’s mandate forms the government in the
center and the leader is the P.M. Hence, he is the
head of the government.
4. If there’s no clear majority in the Lok Sabha
by any party, then Presidential discretion comes
into action in the selection and appointment of
the Prime Minister. Under these circumstances,
the President usually appoints the leader of the
largest party or coalition in the Lok Sabha as the
Prime Minister and asks him to seek a vote of
confidence in the House within a month.

5. The Prime Minister may be a member of any of

the two Houses of parliament.

6. If a person isn’t an MP, he still can be

appointed as the P.M (or any minister for that
matter), however he can remain so only for a
period of six consecutive months. After that he
must become a member of either Lok Sabha or
Rajya Sabha.

7. The longest tenure so far has been of Pt. Nehru

of around 16 years and the shortest one of Mr.
A.B Vajpayee of 16 days.

8. The no confidence motion was first used

against Pt. Nehru in 1963 and was proposed by
Acharya Kriplani and for the first time it was
successful against A.B Vajpayee in 1996. Though,
it was used in Morarji Desai’s tenure as well,
however he resigned before it could be moved.

9. The oath to the P.M is administered by the

President and he holds office during the pleasure
of the President.

10. He is the chairman of the Planning

Commission, NDC, National Integration Council,
Inter-State Council and National Water Resources
Council.

The Central Council of Ministers

1. Article 74- Council of Ministers to aid and

advise the President. The advice shall not be
enquired into any court and the President may
require the advice to be reconsidered, however
he shall act as per the reconsidered advice.

2. Article 75- Other provisions as to the

Ministers.

3. The P.M shall be appointed by the President

and other Ministers shall be appointed by the
President on the advice of the P.M.

4. The maximum strength of Ministers, including

the P.M in the council of ministers should not be
more than 15% of the total number of members
of the House of the People. This was added by
91st Amendment Act, 2003.

5. A member who stands disqualified as per the

provisions of 10th Schedule shall also cease to be
a Minister. This was also added by 91st AA, 2003.

6. The Ministers shall hold office during the

pleasure of the President and they shall be
collectively responsible to the Lok Sabha.

7. A Minister can continue being a Minister

without being a member of either house of
parliament for a consecutive period of six
months only.

8. The phrase ‘Council of Ministers’ is mentioned

in Article 74 whereas the word Cabinet is
mentioned in Article 352.

THE PARLIAMENT (ARTICLES 79-122)

The Organization of the Parliament

1. The Parliament consists of the President, the
Lok Sabha and the Rajya Sabha.

2. Lok Sabha is the Lower House (First Chamber

or Popular House) and Rajya Sabha is the Upper
House (Second Chamber or House of Elders).

The Composition of Rajya Sabha

1. The maximum strength of the Rajya Sabha is

fixed at 250, out of which, 238 are to be the
representatives of the states and union
territories (elected indirectly) and 12 are
nominated by the president.

2. At present, the Rajya Sabha has 245 members.

Of these, 229 members represent the states, 4
members represent the union territories and 12
members are nominated by the president.

3. The Fourth Schedule of the Constitution deals

with the allocation of seats in the Rajya Sabha to
the states and union territories.
4. The representatives of states in the Rajya
Sabha are elected by the elected members of
state legislative assemblies. The seats are
allotted to the states in the Rajya Sabha on the
basis of population.

NOTE – Population as ascertained on the basis of

2001 census as per 87th Amendment Act, 2003.

The Composition of Lok Sabha

1. The maximum strength of the Lok Sabha is

fixed at 552. Out of this, 530 members are to be
the representatives of the states, 20 members
are to be the representatives of the union
territories and 2 members may be nominated by
the president from the Anglo-Indian community.

2. At present, the Lok Sabha has 545 members.

3. The representatives of states in the Lok Sabha

are directly elected by the people from their
respective constituencies.

4. The voting age was reduced from 21 to 18

years by the 61st Constitutional Amendment Act,
1988.
Duration of the two Houses of Parliament

1. The Rajya Sabha is a permanent body and not

subject to dissolution.
However, one-third of its members retire every
second year. The retiring members are eligible
for re-election and re-nomination any number of
times.

2. Unlike the Rajya Sabha, the Lok Sabha is not a

continuing chamber.

Its normal term is five years from the date of its

first meeting after the general elections, after
which it automatically dissolves.

Qualification, disqualifications etc. to be an MP

1. Eligibility
(a) Citizen of India.
(b) Minimum age – 30 years in Rajya Sabha and
25 years in Lok Sabha.
(c) He must possess other qualifications
prescribed by Parliament.
(Hence, the Representation of People Act, 1951).

2. For being disqualified for being elected as an

MP:

(a) if he holds any office of profit under the Union

or state government

(b) If he is of unsound mind and stands so

declared by a court.

(c) If he is an un-discharged insolvent.

(d) if he is not a citizen of India or has

voluntarily acquired the citizenship of a foreign
state or is under any acknowledgement of
allegiance to a foreign state; and

(e) If he is so disqualified under any law made by

Parliament (RPA, 1951).
3. The Constitution also lays down that a person
shall be disqualified from being a member of
Parliament if he is so disqualified on the ground
of defection under the provisions of the Tenth
Schedule.

4. Double Membership - A person cannot be a

member of both Houses of Parliament at the
same time.
5. A House can declare the seat of a member
vacant if he is absent from all its meetings for a
period of sixty days without its permission.

The Speaker of the Lok Sabha

1. The Speaker is elected by the Lok Sabha from
amongst its members (as soon as may be, after
its first sitting). The date of election of the
Speaker is fixed by the President.

2. The Speaker offers his resignation to the

Deputy Speaker and he can be removed by a
resolution passed by a majority of members of
Lok Sabha, however, only after giving him a 14-
day notice.

3. He presides over a joint setting of the two

Houses of Parliament.

Such a sitting is summoned by the President to

settle a deadlock between the two Houses on a
bill.

4. He decides whether a bill is a money bill or not

and his decision on this question is final.

5. He can’t vote in the first instance, though can

vote in the event of a tie. When his removal
motion is under consideration, he can take part
and speak in the proceedings and can vote as
well but not in the case of a tie. He can’t preside
in that case. However, his motion can be passed
by an absolute majority only and can be
considered only if it has the support of at least
50 members.

6. G.V Mavalankar was the first Speaker of Lok

Sabha.

7. The longest serving Speaker of Lok Sabha so

far has been Balram Jakhar.

8. NOTE – There’s also a post known as Speaker

Pro Tem, appointed by the President himself. He
is usually the oldest member of the last Lok
Sabha and he presides over the first session of
the incoming Lok Sabha. President administers
him the oath. The Deputy Speaker of the Lok
Sabha

1. Like the Speaker, the Deputy Speaker is also

elected by the Lok Sabha itself from amongst its
members.

2. The date of election of the Deputy Speaker is

fixed by the Speaker.

The removal process is same as that of speaker

and he offers his resignation to the Speaker of
the Lok Sabha.
3. Madabhushi Ananthasayanam Ayyangar was
the first Deputy Speaker of Lok Sabha.

4. He presides over the joint sitting in case of

absence of the Speaker. Sessions of Parliament

A ‘session’ of Parliament is the period spanning

between the first sitting of a House and its
prorogation (or dissolution in the case of the Lok

Sabha). The time period between the prorogation

of a House and its reassembly in a new session is
called ‘Recess’. There are usually three sessions.
The budget session is the longest and winter is
the shortest.

1. The Budget Session (February to May);

2. The Monsoon Session (July to September); and

3. The Winter Session (November to December).

Important parliamentary terms, points, motions,

bills, questions and Committees

1. The maximum gap between two sessions of
Parliament cannot be more than six months.

2. The President summons and prorogues the two

houses of parliament.

3. Quorum is the minimum number of members

required to be present in the House before
transaction of any business. It is one-tenth of the
total number of members in each House
including the presiding officer.

4. Every minister and the attorney general of

India have the right to speak and take part in the
proceedings of either House, any joint sitting of
both the Houses and any committee of
Parliament of which he is a member, without
being entitled to vote.

5. Lame-Duck session refers to the last session of

the existing Lok Sabha, after a new Lok Sabha
has been elected.

6. Question Hour is the first hour of every

parliamentary sitting.

7. A starred question (distinguished by an

asterisk) requires an oral answer and hence
supplementary questions can follow.

8. An unstarred question, on the other hand,

requires a written answer and hence,
supplementary questions cannot follow.

9. A short notice question is one that is asked by

giving a notice of less than ten days. It is
answered orally.

10. The zero hour starts immediately after the

question hour and lasts until the agenda for the
day (that is, regular business of the House) is
taken up. In other words, the time gap between
the question hour and the agenda is known as
zero hour. It is an Indian innovation in the field
of parliamentary procedures and has been in
existence since 1962.

11. Adjournment Motion It is introduced in the

Parliament to draw attention of the House to a
definite matter of urgent public importance, and
needs the support of 50 members to be admitted.

Rajya Sabha isn’t permitted to make use of this

device and the discussion should last for not less
than two hours and thirty minutes.
12. No-Confidence Motion Article 75 of the
Constitution says that the council of ministers
shall be collectively responsible to the Lok Sabha.
It means that the ministry stays in office so long
as it enjoys confidence of the majority of the
members of the Lok Sabha. In other words, the
Lok Sabha can remove the ministry from office
by passing a no-confidence motion. The motion
needs the support of 50 members to be admitted.

13. A bill is a proposal for legislation and it

becomes an act or law when duly enacted. It
could be classified as a private member bill or a
public bill. A public bill is the one introduced by
any minister and a private bill is the one which is
otherwise.

14. Bills can be ordinary, money or financial and

constitutional amendment bills. Money bills are
the ones which are concerned with taxation,
money matters which are specifically mentioned
in article 110. Financial bill are also concerned
with such matters though with slight differences
and are mention in articles 117(1) and

117(3). Constitution amendment bills, which are

concerned with the amendment of the provisions
of the Constitution.
15. The Rajya Sabha cannot reject or amend a
money bill. It can only make the
recommendations. It must return the bill to the
Lok Sabha within 14 days, wither with or without
recommendations. The decision of the speaker is
final in deciding a bill is money bill or not.

Also, every such bill is deemed to be a public bill.

16. The provision of jointsitting is applicable to

ordinary bills or financial bills only and not to
money bills or Constitutional amendment bills.

In the case of a money bill, the Lok Sabha has

overriding powers, while a Constitutional
amendment bill must be passed by each House
separately.

17. The term ‘budget’ has nowhere been used in

the Constitution. It is the popular name for the
‘annual financial statement’ that has been dealt
with in Article 112 of the Constitution.

18. The Railway Budget was separated from the

General Budget in 1921 on the recommendations
of the Acworth Committee. From the year 2017,
the railway budget and the main financial budget
were again merged and in 2017 the budget was
presented on the 1st February, 2017.

19. Consolidated Fund of India - It is a fund to

which all receipts are credited and all payments
are debited. In other words, (a) all revenues
received by the Government of India; (b) all loans
raised by the Government by the issue of
treasury bills, loans or ways and means of
advances; and (c) all money received by the
government in repayment of loans forms the
Consolidated Fund of India.

Mentioned in article 266.

20. Public Account of India - All other public

money (other than those which are credited to
the Consolidated Fund of India) received by or on
behalf of the Government of India shall be
credited to the Public Account of India.

21. Contingency Fund of India - The Constitution

authorised the Parliament to establish a
‘Contingency Fund of India’, into which amounts
determined by law are paid from time to time.
Accordingly,
the Parliament enacted the contingency fund of
India Act in 1950.
This fund is placed at the disposal of the
president, and he can make advances out of it to
meet unforeseen expenditure pending its
authorisation by the Parliament.

22. Public Accounts Committee - It consists of 22

members (15 from the Lok Sabha and 7 from the
Rajya Sabha). Term of members – 1 year.
A minister cannot be elected as a member of the
committee. The chairman of the committee is
appointed by the Speaker from amongst its
members. Until 1966–67, the chairman of the
committee belonged to the ruling party. However,
since 1967 a convention has developed whereby
the chairman of the committee is selected
invariably from the Opposition. The function of
the committee is to examine the annual audit
reports of the comptroller and auditor general of
India (CAG), which are laid before the Parliament
by the president.

23. Estimates Committee – The largest

committee of the Parliament.

Present number of members is 30. All the thirty

members are from Lok Sabha only. The term of
office is one year. A minister cannot be elected
as a member of the committee. The chairman of
the committee is appointed by the Speaker from
amongst its members and he is invariably from
the ruling party.

24. Committee on Public Undertakings – Present

number of members is 22 (15 from the Lok Sabha
and 7 from the Rajya Sabha). The term of office
of the members is one year. A minister cannot be
elected as a member of the committee. The
chairman of the committee is appointed by the
Speaker from amongst its members who are
drawn from the Lok Sabha only.

THE STATES

THE GOVERNOR

1. The Governor is the De Jure executive head at

the state level. His position is analogous to that
of the President at the centre.
2. The Governor is appointed by the president.

3. To be appointed as the Governor of any state

or two or more states as person

(a) Should be a citizen of India.

(b) And should have attained 35 years of age.

4. He should not hold any office of profit as well.

5. Like the President, the governor is also

entitled to a number of immunities and
privileges. During his term of office, he is
immune from any criminal proceedings, even in
respect of his personal acts.

6. The oath - is administered by the chief justice

of the corresponding state high court and in case
he’s absent, the senior-most judge of that
particular court.

7. A governor holds office for a term of five years

from the date on which he enters upon his office.
He holds office until the pleasure of the
President and he offers his resignation to the
President.
8. All executive actions of the government of a
state are formally taken in his name. He appoints
the chief minister and other ministers. They also
hold office during his pleasure.

9. He appoints the advocate general of a state

and determines his remuneration. The advocate
general holds office during the pleasure of the
governor.

10. He appoints the state election commissioner.

However, the state election commissioner can be
removed only in like manner and on the like
grounds as a judge of a high court.

11. He appoints the chairman and members of

the state public service commission. However,
they can be removed only by the president and
not by a governor.

12. A governor is an integral part of the state

legislature. He can summon or prorogue the state
legislature and dissolve the state legislative
assembly.

13. He nominates one-sixth of the members of

the state legislative council.
14. He can nominate one member to the state
legislature assembly from the Anglo-Indian
Community.

15. The Governor can withhold the assent to bills,

return the bills for reconsideration (if they’re not
money bills), and even reserve the bills for
consideration by the President. (He can even
reserve a money bill for consideration by the
President).

16. He can promulgate ordinances when the state

legislature is not in session. The ordinances must
be approved by the state legislature within six
weeks from its reassembly. He can also withdraw
an ordinance anytime (Article 213).

17. Money bills can be introduced in the state

legislature only with his prior recommendation.

18. He can grant pardons, reprieves, respites and

remissions of punishment or suspend, remit and
commute the sentence of any person convicted
of any offence against any law relating to a
matter to which the executive power of the state
extends (Article 161).

19. He is consulted by the president while

appointing the judges of the concerned state
high court.

Important Articles

153 - Governors of states

154 - Executive power of state

155 - Appointment of Governor

156 - Term of office of Governor

157 - Qualifications for the appointment as the

Governor

158 - Conditions of the Governor’s office

159 – Governor’s Oath or Affirmation

161 - Power of the Governor to grant pardons and

others
163 – Aid and Advice by the Council of Ministers
to the Governor

165 - Advocate-General for the state

200 - Assent to bills (i.e. assent of the Governor

to the bills passed by the state legislature)

201 - Bills reserved by the Governor for

consideration of the President

213 – Governor’s power to promulgate ordinances

217 – Consultation of Governor by the President

in the matter of the appointments of the judges
of the High Courts

THE CHIEF MINISTER AND THE STATE COUNCIL

OF MINISTERS

1. Chief Minister is the real executive authority

(de facto executive). He is the head of the
government.

2. The total strength of the number of ministers,

including the C.M, in the state’s CoM should not
exceed 15 per cent of the total strength of the
legislative assembly of that state. However, the
number of ministers, including the C.M, in a
state should also not be less than

12. This provision was added by the 91st

Amendment Act of 2003.

3. A member of either House of state legislature

belonging to any political party who is
disqualified on the ground of defection shall also
be disqualified to be appointed as a minister. The
provision was also added by the 91st Amendment
Act of 2003.

THE STATE LEGISLATURE

Organization of the State Legislature

1. Most of the states in India have a Unicameral

Legislature. Seven States have Bicameral
Legislature, that is-Telangana, Andhra Pradesh,
Maharashtra, Bihar, U.P, J&K and Karnataka.
2. The Legislative Council (Vidhan Parishad) is
the upper house (second chamber or house of
elders), while the Legislative Assembly (Vidhan
Sabha) is the lower house (first chamber or
popular house). Delhi and Puducherry are the
only two UTs that have a Legislative Assembly.

Composition of the State Legislature

1. The legislative assembly consists of

representatives directly elected by the people on
the basis of universal adult franchise. Its
maximum strength is fixed at 500 and minimum
strength at 60 depending on the population size
of the state. However, in case of Sikkim it is 32;
and Goa and Mizoram it’s 40.
2. The members of the legislative council are
indirectly elected.

Maximum strength of the legislative council is

fixed at 1/3rd of the total strength of the
corresponding assembly and the minimum
strength is fixed at 40.
3. Manner of Election Of the total number of
members of a legislative council:
(a) 1/3 are elected by the members of local
bodies in the state such as municipalities etc.,

(b) 1/12 are elected by graduates of three years

standing and residing within the state,

(c) 1/12 are elected by teachers of three years

standing in the state, not lower in standard than
secondary school,

(d) 1/3 are elected by the members of the

legislative assembly of the state from amongst
persons who are not members of the assembly,
and

(e) The remainder are nominated by the governor

from amongst persons who have a special
knowledge or practical experience of literature,
science, art, cooperative movement and social
service.

Thus, 5/6 of the total number of members of a

legislative council is indirectly elected and 1/6
are nominated by the governor. The members are
elected in accordance with the system of
proportional representation by means of a single
transferable vote.
Duration of the two Houses

1. Analogous to the Lok Sabha, the legislative

assembly is also not a permanent chamber. Term
of the assembly is five years from the date of its
first meeting after the general elections.

2. Analogous to the Rajya Sabha, the legislative

council is a continuing chamber, that is, it is a
permanent body and is not subject to dissolution.
But, one-third of its members retire on the
expiration of every second year.

Membership of the State Legislature

1. The Constitution lays down the following
qualifications for a person to be chosen a
member of the State legislature.

(a) Citizen of India.

(b) He must be not less than 30 years of age in
the case of the legislative council and not less
than 25 years of age in the case of the legislative
assembly.

2. He should not have been found guilty as per

the provisions of R1951. In defection case also a
member is liable to be disqualified as per Anti-
Defection Act (10TH Schedule).

3. Also, he should not be of unsound mind, he

should not hold any office of profit; he isn’t
declared an un-discharged insolvent etc.

Presiding Officers of State Legislature

1. Each House of state legislature has its own

presiding officer. There
is a Speaker and a Deputy Speaker for the
legislative assembly and Chairman and a Deputy
Chairman for the legislative council. A panelof
chairmen for the assembly and a panel of vice-
chairmen for the council are also appointed.
2. The Speaker is elected by the assembly itself
from amongst its members.

3. Like the Speaker, the Deputy Speaker is also

elected by the assembly itself from amongst its
members. He is elected after the election of the
Speaker has taken place.

4. The Chairman is elected by the council itself

from amongst its members.

5. The Speaker decides whether a bill is a Money

Bill or not and his decision on this question is
final.

Important points related to the State Legislature

1. The maximum gap between the two sessions of
state legislature cannot be more than six months,
that is, the state legislature should meet at least
twice a year.

2. Quorum is the minimum number of members

required to be present in the House before it can
transact any business. Either its 10 or 1/10th of
the total number of members in that particular
House (including the presiding officer).

3. In addition to the members of a House, every

minister and the advocate general of the state
have the right to speak and take part in the
proceedings of either House or any of its
committees of which he is named a member, but
Advocate General can’t vote.

4. A Money Bill cannot be introduced in the

legislative council. It can be introduced in the
legislative assembly only and that too on the
recommendation of the governor. Every such bill
is considered to be a government bill and can be
introduced only by a minister.

THE PANCHAYATI RAJ INSTITUTIONS

THE PANCHAYATS

1. The local self-government at the grass-root

levels signifies the panchayati raj institutions.

2. They were constitutionalized by 73rd and 74th

constitutional amendment acts 1992
respectively.

3. In January 1957, the Government of India

appointed a committee to examine the working
of the Community Development Programme(1952)
and the National Extension Service (1953) and to
suggest measures for their better working. The
chairman of this committee was Balwant Rai G
Mehta. It was as per the recommendations of this
committee that Panchayati Raj Institutions came
up in India post-independence.

4. Rajasthan was the first state to establish

Panchayati Raj. The scheme was inaugurated by
the prime minister on October 2, 1959, in Nagaur
district. Next was Andhra Pradesh, which too
adopted the system in 1959. Gradually, more
states followed.

5. In December 1977, the Janata Government

appointed a committee on panchayati raj
institutions under the chairmanship of Ashok
Mehta to revive and strengthen the declining
PRIs in India.

6. The Committee on Administrative

Arrangement for Rural Development and Poverty
Alleviation Programmes under the chairmanship
of G.V.K. Rao was appointed by the Planning
Commission in 1985.

7. In 1986, Rajiv Gandhi government appointed a

committee on ‘Revitalisation of Panchayati Raj
Institutions for Democracy and Development’
under the chairmanship of L M Singhvi.

8. The 73rd constitutional amendment act 1992

has added a new Part-IX to the Constitution of
India titled ‘The Panchayats’ and consists of
provisions from Articles 243 to 243 O. In
addition, the act has also added a new Eleventh
Schedule to the Constitution. This schedule
contains 29 functional items of the panchayats.
It deals with Article 243-G.

9. The Amendment created a constitutional

institution known as Gram Sabha, which is a
body at the village level comprising of all the

registered voters in the village within the area of

the Panchayat.
10. The 73rd CAA provides for three-tier system
of PRIs in every state-village, intermediate and
district levels.

11. The members of panchayat shall be directly

elected by the people.

Further, the chairperson of panchayats at the

intermediate and district levels shall be elected
indirectly—by and from amongst the elected
members thereof. However, the chairperson of a
panchayat at the village level shall be elected in
such manner as the state legislature determines.

12. Normal term of the Panchayat at every level

shall be five years. The dissolution can also take
place before the expiry of the term of the
Panchayat. Fresh elections must be held before
the expiry of the incumbent Panchayat and if
there’s dissolution, then before the expiration of
6 months.

13. The superintendence, direction and control

of the preparation of electoral rolls and the
conduct of all elections to the panchayats
shall be vested in the state election commission.

14. The minimum age to contest elections at the

panchayat level is 21 years.

15. Some states where this act does not apply in

totality – J&K, Mizoram, Meghalaya and Nagaland
and some other scheduled and tribal areas.

16. The act came into effect from 24th April,

1993 and added a new parts – part ninth and
ninth-A; and new schedules- 11th and 12th to
the constitution of India.

THE MUNICIPALITIES

1. The term ‘Urban Local Government’ in India

signifies the governance of an urban area by the
people through their elected representatives. The
jurisdiction of an urban local government is
limited to a specific urban area which is
demarcated for this purpose by the state
government.

2. The system of urban government was

constitutionalised through the 74th
Constitutional Amendment Act of 1992. It added
a new part –part 9th-A; and a new schedule-
schedule 12th to the constitution of India. There
are eight types of urban local governments in
India in totality.

3. In 1687-88, the first municipal corporation in

India was set up at Madras.

4. In 1726, the municipal corporations were set

up in Bombay and Calcutta.

5. Lord Ripon is regarded as the father of local-

self-government in India. His resolution of 1882
is considered as the ‘Magna Carta’ of local self-
rule in this regard.

6. NOTE – The part 9th B was added by 97th

constitutional amendment act, 2012 and
provides constitutional status to the co-operative
societies.
CENTRE-STATE RELATIONS

1. Articles 245 to 255 in Part XI of the

Constitution deal with the legislative relations
between the Centre and the states.

2. The constitution mentions about three types

of Lists.

(a) Union List

(b) State List
(c) Concurrent List

3. The Union List mentions about those subjects

on which only the Union Parliament can legislate.

4. The State list mentions about those subjects

on which only the states in India ‘under normal
circumstances’ can legislate.

5. The Concurrent list mentions about those

subjects on which both the Union as well as the
States can legislate.
6. The Union list contains 100 subjects presently
(originally 97 subjects).

7. Examples of subjects in Union list - defence,

banking, foreign affairs, currency, atomic energy,
insurance, communication, inter-state trade and
commerce, census, audit and so on.

8. The State contains 61 subjects presently

(originally 66 subjects).

9. Examples of subjects in State list - public

order, police, public health and sanitation,
agriculture, prisons, local government, fisheries,
markets, theatres, gambling and so on.

10. The Concurrent list contains 52 subjects

presently (originally 47 subjects).

11. Examples of subjects in Concurrent list -

criminal law and procedure, civil procedure,
marriage and divorce, population control and
family planning, electricity, labour welfare,
economic and social planning, drugs, newspapers,
books and printing press, and others.

12. However, if the Rajya Sabha declares that it

is necessary in the national interest that
Parliament should make laws on a matter in the
State List, then the Parliament becomes
competent to make laws on that matter. Such a
resolution must be supported by two-thirds of
the members present and voting. The resolution
remains in force for one year; it can be renewed
any number of times but not exceeding one year
at a time (Article 249).

13. Also, the Parliament acquires the power to

legislate with respect to matters in the State List,
while a proclamation of national emergency is in
operation (Article 250).

14. Furthermore, when the legislatures of two or

more states pass resolutions requesting the
Parliament to enact laws on a matter in

the State List, then the Parliament can make

laws for regulating that matter. A law so enacted
applies only to those states which have passed
the resolutions. However, any other state may
adopt it afterwards by passing a resolution to
that effect in its legislature. Such a law can be
amended or repealed only by the Parliament and
not by the legislatures of the concerned states
(Article 252).
15. The Parliament can make laws on any matter
in the State List for implementing the
international treaties, agreements or
conventions (Article 253).

16. Note – Parliament has the exclusive power to

legislate on any matter not mentioned in either
the State list or Concurrent list (Article 248) –
Residuary powers of legislation.

17. Sarkaria Commission, Rjamannar

Commission and Punchhi Commission are some
important commissions related to the Centre-
State Relations.
THE JUDICIARY

THE SUPREME COURT

1. The present-day Supreme Court of India

started functioning on January 28, 1950. Its
predecessor was the Federal Court of India,
which was created as per the Government of
India Act of 1935.

2. Articles 124 to 147 mentioned in Part V of the

Constitution deal with the organisation,
independence, jurisdiction, powers, and
procedures and so on of the Supreme Court.

3. At present, the strength of Supreme Court’s

judges stands at thirty-one judges (one chief
justice and thirty other judges).

4. Originally, the strength of the Supreme Court

was fixed at eight (one chief justice and seven
other judges).

5. Appointment- The judges of the Supreme

Court are appointed by the president. The
appointment of the Chief Justice is made by the

president after consultation with such judges of

the Supreme Court and high courts as he deems
necessary. The other judges are appointed by
president after consultation with the chief
justice and such other judges of the Supreme
Court and the high courts as he deems necessary.
The consultation with the chief justice is
obligatory in the case of appointment of a judge
other than Chief justice.

6. In 2015 the National Judicial Appointments

Commission was declared Ultra Vires by the
Supreme Court and hence the collegium system
still holds the ground mentioned above.

7. Qualification- A person to be appointed as a

judge of the Supreme Court should have the
following qualifications:
(i) He should be a citizen of India.

(ii) (a) He should have been a judge of a High

Court (or high courts in succession) for five years;
or (b) He should have been an advocate of a High
Court (or High Courts in succession) for ten years;
or (c) He should be a distinguished jurist in the
opinion of the president.

8. Oath- The oath to the judges and CJI is

administered by the President, or any other
person appointed by him for this purpose.

9. Tenure of Judges - A. He holds office until he

attains the age of 65 years. B. He can resign his
office by writing to the president. C. He can be
removed from his office by the President on the
recommendation of the Parliament.

10. Removal of Judges A judge of the Supreme

Court can be removed from his Office by an order
of the President. However he can do so only after
an address by Parliament has been presented to
him in
the same session for such removal. The address
must be supported by a special majority of each
House of Parliament - a majority of the total
membership of that House and a majority of not
less than two-thirds of the members of that
House present and voting. The grounds of
removal are —proved misbehaviour or incapacity.
11. The removal process of both the Supreme
Court and High courts are same.

12. The jurisdiction and powers of the Supreme

Court can be classified into- Original Jurisdiction,
Writ Jurisdiction, Appellate Jurisdiction,
Advisory Jurisdiction,
A court of Record and so on.

13. Original Jurisdiction - when the case is

involved between centre and states or two or
more states or centre and two or more states
being anti. The first such instance came in 1961
in west Bengal VS the centre.

14. The Constitution has constituted the

Supreme Court as the guarantor and defender of
the fundamental rights of the citizens.
The Supreme Court is empowered to issue writs
including habeas corpus, mandamus, prohibition,
quo-warranto and certiorari for the enforcement
of the fundamental rights of an aggrieved citizen.
The difference between supreme court’s and high
court’s writ jurisdiction is that the supreme
court can issue writs in cases involving only
fundamental rights and the high courts can issue
writs otherwise as well.

THE HIGH COURTS

1. The institution of high court originated in

India in 1862 when the high courts were set up
at Calcutta, Bombay and Madras. The fourth one
was established at Allahabad in 1866 and
subsequently in other provinces in British India
and then as they were called states after
independence.

2. As per the Seventh Amendment Act of 1956,

the Parliament can establish a common high
court for two or more states or for two or more
states and a union territory.

3. At present, there are 24 high courts in the

country. Out of them, three are common high
courts. Delhi is the only union territory that has
a high court of its own (since 1966). The other
union territories fall under the jurisdiction of
different state high courts.

4. Appointment of Judges The judges of a high

court are appointed by the President. The chief
justice of the High Court is appointed by the
President after consultation with the chief
justice of India and the governor of the state
concerned. For appointment of other judges,

the chief justice of the concerned high court is

also consulted. In case of a common high court
for two or more states, the governors of all the
states concerned are consulted by the president.

5. Qualifications of Judges A person to be

appointed as a judge of a high court should have
the following qualifications: A. He should be a
citizen of India. B. (a) He should have held a
judicial office in the territory of India for ten
years; or (b) He should have been an advocate of
a high court (or high courts in succession) for ten
years.

6. Oath or Affirmation Oath to the judge is

administered by the governor of the state or
some person appointed by him for this purpose.

7. Tenure of Judges - A. He holds office until he

attains the age of 62 years. B. He can resign his
office by writing to the president. C. He can be
removed from his office by the President on the
recommendation of the Parliament. D. He
vacates his office when he is appointed as a judge
of the Supreme Court or when he is transferred
to another high court.