POLITICAL SCIENCE PROJECT ON ARTICLES AND SCHEDULES OF INDIAN CONSTITUTION

PRESENTED BY Y.V.ANIL KUMAR

ST

YEAR B.A, LL.B

(HONS) A.P UNIVERSITY OF LAW HALL TICKET NO. 200948

ACKNOWLEDGEMENT
I would like to thank my teacher , Dr.T.Y.Nirmala Vice-Chancellor Y.Satyanarayana golden , for to do Devi , Our Prof their this chancellor Prof.A.Lakshminath and

gratitude and for giving me this opportunity esteemed project on the topic of

Articles and Schedules of Indian Constitution . This project helped me in learning a lot about this topic , I am very much thankful to all concerned for guiding me through this project.

Secondly I would like to thank my parents and friends who supported me and helped me in presenting this project.

ARTICLES OF INDIAN CONSTITUTION

Provisions Union and Territory Citizenship Articles Art. 1 to 4 Art. 5 to 11

Fundamental Rights State Policy Fundamental Duties Union States Union Territories Panchayats Municipalities The Scheduled

Art. 12 to 35

Directive Principles ofArt. 36 to 51 Art. 51 A Art 52 to 151 Art. 152 to 151 Art. 239 to 342 &Art. 243 andArt. 244 & 244 A the Art. 245 to 263

Tribal Areas Relation between Union & States

Finance, Contracts andArt. 264 to 300 Suits Property Intercourse within the Territory of India Services Tribunals Elections under theArt. 308 to 323 Art. 323A to 323B Art. 324 to 329A Union & States Art. 300 A

Trade, Commerce andArt. 301 to 307

Special relating to

ProvisionsArt. 330 to 342

certain classes Official Languages Emergency Provisions Miscellaneous Amendment Constitution Temporary, TranslationArt. 369 to 392 and Special Provisions Short Commencement and Repeals Title,Art. 393 to 395 Art. 343 to 351 Art. 352 to 360 Art. 361 to 367 of Art. 368

Indian constitution is the largest written world.

constitution in the

Years

11

Months

18

Days

for

the

Constituent Assembly to complete the text. The first meeting of Constituent Assembly on 9.12.1946 and last meeting of Constituent Assembly on 26-11-1949. 395 Articles and 12 Schedules. The Drafting Committee of Constitution with seven Members under the Chairmanship of Dr. B.R. Ambedkar was Constituted on 29.08.1947. January, published. 11 sessions were held by Constituent 1948 Draft constitution was

Assembly to discuss the Draft Constitution. Constituent Assembly had 284 Members. 211 Congress and 73 Muslim League. 11th December, 1946 Dr. Rajendra Prasad was elected as permanent Chairman of Constituent Assembly, 22nd July 1947 Constituent Assembly adopted the National Flat. 26th November is celebrated as law day.

26th January, 1950 Date of enforcement and commencement of Constitution and also the date of State Emblem.

State Emblem constitute of 3 Lions, Galloping Horse, a bull and a chakra.

The

word

SATYAMEVA

JAYATE

was

adopted from MUNDAKA UPANISHAD. 24th January, 1950 National Anthem was adopted. National Anthem consists of 5 stanzas.

Singing time is 52 seconds. National Calender based on Shaka Era and It was adopted on March 22, 1957 .

Cabinet Mission came to India on 4 th March, 1946. It consists of three British Cabinet Ministers. i) ii) Lord Pethic Lwarance. Stafford Cripps

iii) Mr. Alexandar They recommended for formation and of

Constituent Government.

Assembly

Interim

First person to give the idea of Constitution to India was given by M.N. Roy.

SOURCES OF OUR CONSTITUTION Fundamental Rights & American Constitution Judicial Review . Rule of Law and Single Citizenship British Constitution. Central List & State List System Govt. of India 1935 Act. Fundamental duties Russian Constitution. Preamble and concurrent list Australian Constitution Directive Principles Constitution. Emergency power of President German Constitution Irish -

Central State Relations and Canadian Constitution Federal Structures

Liberty, Equality and Fraternity French Constitution.

Our Indian Constitution is the Supreme and the same is the source for all laws.

The objective of the Constitution is preamble. Preamble speaks about objective of ideals of Constitution.

The ideology of liberty, equality and fraternity is from the French Constitution.

The lists are incorporated in 7th schedule.

10

PREAMBLE

11

India is a Sovereign, Socialist, Secular and Democratic Republic to secure to all its citizens.

Justice in social, economic and political. Liberty of thought, expression, belief, faith and worship.

Equality of status and opportunity and to promote among them all.

Fraternity

assuring

the

dignity

of

the

individual, unity and integrity of the Nation. The Parliament brought 42nd Amendment to the Constitution in the year 1976 and added the words Social and Secular. And further the word Integrity. Can the preamble of the Constitution be amended under Article 368? This question was raised for first time in Supreme Court by Keshavanand Bharathi Vs. State of Kerla (AIR 1973 SC 1461) Supreme Court said that preamble is the basic structure of the Constitution. Preamble can be amended by the Legislature since it is a part of the

12

Constitution. However, there cannot be any amendment to change the basic elements of the Constitution. In Berubaries case Supreme Court held that preamble can not be amended. UNION AND STATES Ours is a Federal State as declared by the Constitution. It means we have a Government at the center apart from the Government at the State level. In the Union of India thee are 28 States and 7 Union Territories. 26th State Chattisgharh from (Madhya

Pradesh). 27th State Uttarkand from (Uttar Pradesh) Uttarkand changed as Uttarnchal in the year 2006. Jharkhand Bihar 2000 28th State. State of Goa formed in the year 1987. State of Sikkim formed in the year 1975.

ARTICLES 2 & 3:

13

Under Articles 2 and 3 of the Constitution gives power to the Parliament to form new States or to alter the boundaries of he existing States.

The Government of India by Notification dated 15th January, 1976 Exclusive Economic Zone (E.E.Z) has been created in the Ocean waters up to a distance of 200 nautical miles from coastal line.

CITIZENSHIP: The Indian Citizens have single citizenship. The law relating to citizenship can be dealt with by citizenship Act 1955. According to Citizenship Act a citizenship can be acquired. i) ii) v) By birth. By descent By nationalization

iv) By registration vi) By incorporation of new territory Termination of citizenship i) ii) By renunciation of citizenship. By termination of citizenship

iii) By deprivation of citizenship

14

Doctrine

of

severability:Means

if

any

portion of law which can be repeatable from the main provision and which stands against the fundamental rights, the said portion can only be declared as unconstitutional. However, if it not severable the entire provision/law unconstitutional. The fundamental rights cannot be waved or terminated by any person voluntarily. This is called Doctrine of Waiver. can be declared as

Fundamental Rights: Fundamental rights are important rights

incorporated in Part-III of the Constitution. They are the basis and natural rights of the citizens. These fundamental rights are called

Magnacanta of India These fundamental rights are protected by High Courts and Supreme Court by exercising the power of Judicial Review.

15

According to Article 13, if any, law violates the fundamental rights will be declared as nul and void.

Fundamental rights are divided into the following categories:

i) Right to Equality (Article 14 18)

ii) Right to Freedom (Article 19 22) iii) Right against exploitation (Article 22 24) iv) Right to Freedom of Religion (Article 25 28) v) Cultural and Educational Rights

(Article 29 30) vi) Right to constitutional remedies

(Article 32 35)

Right to Equality (Article 14 18) Article 14 guarantees equality before law and equal protection to all the persons.

16

The concept of equality before law conveys that every body is equal before law irrespective of their position.

However

reasonable

classification

and

differential treatment among the un-equals is permissible. This is called test of reasonable classification Un-equals can be equated with the test of reasonable classification. AIR INDIA VS NARGEESH MEERJYA

Article 15 No body can be discriminated on the basis of religion, rays, sex, screed and place of birth Providing reservations to the drown trodden or to the un-equals cannot be said to be violation of Article 15. However the reservation should not exceed 50% of total seats or vacant seats. If there is no single post there would not be reservation. The reservations provided from women and children is not a violative of Article-15. For Article 15 clause 5 is added in the year 2005 by 93rd amendment to provide

17

reservations to SCs, STs and BCs in private educational institutions Article 16 says about the equality of

opportunities for all citizens in the public employment. However, any reservation of posts in the Government, jobs to ST & SC candidates is not the violative Article 16 (4A) and 16 (4B). Clause 4-A was added to Art 16 by 77th amendment in 1995 to provide reservations to SC, STs in promotions in Government jobs. Clause 4-B was added to Art 16 by 81st amendment in 2000 to fill up the backlog vacancies of SC & STs by following carry forward system.. Article 17 - Banning of un-touch ability. Article 18 - Abolition of royal titles

RIGHT TO FREEDON (Articles 19 22 ) There are 6 freedoms under Article 19 i) Freedom of speech and expression

Article 19(1) (A)

18

ii) Freedom of Assembly Article 19(1) (B) iii) Freedom 19(1) (C) iv) Freedom of movement (D) v) Freedom of reside and to settle. 19(1) (E) vi) Free of profession,occupation,trade (or) business - 19(1) (G) Article 1 (F) Freedom to acquire property and dispose of property is omitted from the fundamental rights by 44 Amendment in the year 1978. Article 20 provides 3 Safeguards or freedom to the persons Accused of crime. (a) Freedom against Expost-Facto law (Exposto law) Expost facto means after the fact (incident) retrospective exception rule of beneficial construction. (b) Protection against double jeopardy 19(1) to from Associations -

19

Means a person cannot be prosecuted twice a crime. (c) Protection against self-incrimination.

Self incrimination means a person cannot be compelled to be a witness against himself.

Article 21 guarantees the right to life and personal liberty to the people. This right is subjected to two exceptions. (a) This right can be restricted by enacting any lay. (b) or by procedure prescribed by law. Magnetic is a concept of civil liberties of

British people-1215AD. Right to education to the children below 6 to 14 years is included by in the fundamental year 2002. State have to provide compulsory education to all the children upto the age of 14 years. Article 22 provides protection against arbitrary rest and detention without cause or reason. rights introducing

Article 21-A by 86th amendment in the

20

There

is

an

exception

for

the

right

guaranteed under Article-22 that is called preventive detention. Preventive detention means detaining or arresting a person to prevent from commit an offence. Preventive Detention Act Under this Act any body can be arrested without cause to avoid unto do incidents. TADA Act Terrorist and Disruptive Activities Prevention Act.

Right Against exploitation Article 23 and 24) Article 23 deals with prohibition of traffic in human beings and forced labour. Article 24 Prohibition of employment of children in hazardous employment (Artcle-24) Traffic in human beings means selling and buying men and women like goods and also includes children. immoral traffic in women and

21

Forced labour means no person can be compelled to work against his will.

The Supreme Court issued detailed guidelines for prevention of child labour in hazardous employment and mines etc. in

Bandhu

Mukthi

Morcha

vs

Union

of

India(Central Government). AIR 1984 SC Page 802 Right to Freedom of Religion (Article 25 to 28). Article 25 - Freedom of conscience and profess practice and propagate of his own religion Article 26 - Right to conscience means absolute inner freedom of religion of citizen to mould his belief with God. Right to worship is a fundamental right under Article 25 and 26 but not right to place of worship. Bajoe Immanual Vs. State of Kerala (National Anthem case) (1986 (3) SCC 615)

22

Noise pollution in the name of God (prayers) is not allowed and the same is not guaranteed by the constitution.

Church of God (Full Gospel) K.K.R.M.C. Welfare Committee 2773)

Vs

(AIR 2000 SC Doctrine of reasonable restriction: If the fundamental rights are not absolute and the legislature can impose reasonable restrictions to them it is called Doctrine of reasonable restriction. Article 26. Freedom to manage religious affairs. It means citizens have right to maintain religious and charitable institution. Article 27 provides that no person shall be compelled to pay any tax for the promotion or maintenance of any particular religion or religious denomination (organization) Article 28 prohibits religious instructions in the educational institution which are maintained out of the state funds. Rights of the persons arrested are:

23

(a) He should be informed the reason of his arrest. (b) He has right to consult a lawyer of his choice. (c ) He should be produced before the

magistrate within 24 hours of his arrest. (d) He cannot be detained by police beyond the 24 hours except with the order of the magistrate.

Cultural and Educational Rights Article 29 Article 29 guarantees to minorities to protect their language, script or culture (fundamental right). Article 30 guarantees a right to minorities to establish and maintain their educational institutions. To check the activities of minority institutions and to prevent the misuse of the said provisions the Government has right to impose certain conditions. Article 31 and Article 19 1 (F) was omitted by 44 Constitutional amendment in the

24

year 1978. Hence right to property is not a fundamental right but a constitutional right guaranteed under Article-300A. RIGHT TO CONSTITUTIONAL REMEDIES

(Article 32 35) The power of judicial review is exercised by High Court and Supreme Court to protect the fundamental rights by issuing appropriate writs. There are five types of writs are available to the High Courts and Supreme Court to protect the fundamental rights: a) b) c) d) e) Writ of Mandamus. Writ of Prohibition Writ of Certiorari Writ of quo-warrant Writ of Habeas Corpus the constitution the

Under Article 32 of

Supreme Court has power to issue such writs. Under Courts Article can 226 of constitution High to

exercise

writ

jurisdiction

protect the fundamental rights. WRITS

25

Mandamus

We

command.

Mandamus

literally means we command or the order. Writ of Mandamus is an order by superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty or a statutory duty. Writ of Certiorari can be issued by superior court like High Court and Supreme Court to the inferior courts or quasi-judicial authority for declaring their decisions as valid or not. Writ of prohibition can be issued by Supreme Court or High Courts to subordinate courts or inferior courts to check and discontinue the proceedings before them for the want of jurisdiction. This the writ issued to the inferior courts during the pendency of the proceedings. Any final decision of the subordinate courts can be questioned by writ of certiorari.

Writ of Quo Warranto: The word quo warranto means what is your

authority.

26

By this writ, the holder of the office is called upon to show to the court under what authority he holds the office

In the enquiry if it is found that a person holding the office is not legally entitled to hold it, such appointment would be declared as not valid.

If any body holds a public office with out legal authority.

Public Interest Litigation (PIL) means questioning the action of the public authority which effects the general public.

Writ of Habeas Corpus It means U may have the body. This writ is issued to call upon a person, who detained another person illegally.

This writ is useful to provide a remedy to the persons who are arrested. TMA PAI VS STATE OF KARNATAKA. AIR 2003 SC 355 unauthorizedly

93rd amendment was introduced in year 2005 to provide reservations to BC, SC and ST

27

candidates in private educational institutions. For Article 15 clause B is added

DIRECTIVE PRINCIPLES OF STATE POLICY Article 36 to 51 of the constitution deals with Directive Principles of State Policy. Directive guidelines principles which must are keep the in ideals and mind or

the

union

State while

Governments

formulating policies. Directive principles are required to achieve welfare state. Directive principles are included in Part-IV of constitution. Directive principles are adopted from Irish constitution. Judicial review is applicable to Directive principles. Some of the directive principles are as follows Equal pay to equal work Article 39-D. Social security to the workers in the

industries -Article 43-A

28

Free legal aid to economically back word classes Article 39-A.

Uniform civil code Article 44 Living wage Article 43 Directive principles are not enforceable by courts.

Fundamental Duties Article 51-A. Fundamental duties are incorporated in the constitution by 42nd amendment in 1976. Fundamental duties are incorporated in Part IV-A of the constitution. There are 11 Fundamental duties. 11th Fundamental duty was introduced in 86th amendment 2002. i.e Providing compulsory education to their child or ward below the age of 6 14 years is added as a Fundamental duty by 86th Amendment Act in the year 2002 by parent or guardian.

29

Electoral College It consists of both the elected members of elected members of all the

the Parliament and

assemblies of the states. Nominated members have no power to cast

their vote Elected members should only vote.

Electoral House Elected members of the both houses of the members of all the

Parliament + elected Assemblies of the States.

Union Executive
Union executive = President + Prime Minister + Council of Ministers. Parliament = President + Lok Sabha +

Rajya Sabha. Head of the Government is Prime

Minister. Real Executive Power lies with Cabinet.

30

Cabinet = Prime Minister + Counsel of Ministers

PRESIDENT Head of the State is President. President is the first citizen of India. To elect as a President of India: a) b) c) He must be a citizen of India. He must be completed 35 years.
He must be qualified for election as a

member of Lok Sabha

d) -

He must not hold any office of profit.

Tenure of President is five years. Salary of President is Rs.50,000/- per month. Pension of President is Rs.3,00,000/- per

annum. Presidents election is indirect election.

Article 54 says that President shall be elected by an Electoral College Electoral College consisting of :

31

a)

Elected Members of both the Houses of

Parliament. b) Elected Members of Legislature Assemblies of all the States and from Union Territories of Pondicherry. Election is by the method of proportional representation by the means of single transferable vote. Election dispute of the President shall be Court.

decided by Supreme -

Oath of the President is done with the help of India.

Chief Justice of -

First President of India is Dr. Rajendra Prasad His tenure is 26th January 1950 to 13th May, 1962.

First Vice-President Dr S. Radhakrishnan Second President of India is also Dr. S. Radhakrishnan

16th President of Indian Republic is Prathibha Patel and she is also First Women President.

32

Neelam Sanjeeva Rddy had been elected as a President while he was holding the post of Lok Sabha Speaker.

Impeachment of the President (Article 61) Requisition shall be signed by 1/4th of the House.

total members of the -

Then 14 days prior notice of impeachment President.

must be given to -

The requisition must be accepted by 2/3rd of the total members of the House.

Article 72 deals with the Power of the President.

Article 123 It deals with the Ordinance Powers of the president. When the Houses of Parliament are not in Session then President of India has power to make Ordinance. Emergency powers of the President

33

Article 352 to 360 deals with Emergency powers of the President.

Part

17 of the constitution deals with

emergency powers. Three types of emergencies were recognized by the constitution. a) National Emergency (Article 352) b) State Emergency (Arti8cle 356) c) Financial Emergency (Art.360) Emergency can be issued for a period of two months initially. President rule is issued unless it is approved by the Parliament. If it is approved by the Parliament it will be continue from the date of proclamation. Article 352: Deals with National Emergency. It is imposed during External Aggression or Armed rebellion. Armed is added in 44 th amendment Article 358: the During rights war or external under

aggression

guaranteed

Article 19 are suspended

34

Article

359:

President rights in

can Part

suspend III

all

fundamental emergency -

during

According to 44th Amendment Article 359 is amended in 1978 and according to the amendment The President cannot suspend Article 20 and 21.

The emergency can be declared by the President in any of the States.

In the period of emergency President may dissolve State Legislature.

President can execute Veto power If there is any threat ay financial stability of the country President can proclaim financial emergency.

VICE PRESIDENT Vice President is elected by both the Houses of the Parliament by the joint session. Term of Vice President is 5 years He is the Ex-Officio Chairman of the Rajya Sabha.

35

In the absence of President the VicePresident acts as President. Alary is Rs.40,000/- per month.

Hamid Mohamd Answari is the Vice President and also Chairman of Minorities Communities of India.

Vice President can be removed by Raja Sabha by majority and same should be agreed by Lok Sabha members.

UNION LEGISLATURE In Parliamentary form of Government

Legislative power vests in both the houses of Parliament. Language of the Parliament I Hindi or English. Basic principle of Parliamentary forum of Government is Collective Responsibility that means Council of Ministers are collectively responsible to Lok Sabha in all fairs. Parliament = President + Lok Sabha + Rajya Sabha

36

Lok Sabha It is called Lower House and also called as House of the People. Total strength is 552 530 Anglo representatives from are Indians from Union States Territories by 20 2 the

representatives President. -

nominated

Term of the Lok Sabha is 5 years. Members of Lok Sabha are directly elected by the people through Universal Adult Franchise

Any Indian Citizen of 18 years old can caste their vote.

Qualification to contest election is to be citizen of India and should have minimum 25 years of age.

The House shall meet atleast twice an year with gap of six months.

In times of emergencies the term of Lok Sabha shall be extended by 1 year.

Quorum (minimum number)

37

Quorum is 1/10th of the total members of the House.

Lok Sabha is headed by Sepaker. equality of votes.

Speaker

has veto power (casting vote) in case of

President can dissolve the Lok Sabha on the advise of the Prime Minister.

Article 110 : It deals with the money bills. Money bill (Article in Lok 110) can only with be the

introduced

Sabha

recommendation of President. After passing the Money Bill in Lok Sabha the same shall be sent to Rajya Sabha. Within 14 days Rajya Sabha shall return the bill with its recommendations. Lok bill. After accepting the Money Bill in Lok Sabha the same shall be sent to President for his assent. Speaker will decide whether the bill is money bill or not. Sabha need not follow the

recommendations of Rajya Sabha on money

38

Finance bill is different from money bill. Finance bill shall be accepted by both the Houses and also obtain the consent of the Prsident.

Article 112 deals with the Annual Financial Statement or Budget Budget shall be introduced in the houses of Parliament by the President Budget will be first introduced in Lok Sabha.

Rajya Sabha It is permanent house. It is called Upper House or Permanent House 1/3rd of the Members retired for every two years. Tenure of the Members is six years. Total strength is 250 Out of 250 12 members are nominated by President from the fields of Art, Science, Literature and Social Service.

39

Chairman of the House is Vice President (ExOfficio Chairman)

Age limit is minimum 30 years for Rajya Sabha member.

Article 108 Joint sessin of Parliament is headed by President. In case of dispute between any two houses on any issue the joint session of Parliament will be conducted to take a decision on the said issue. In case of equal votes, the President can cast his vote by veto power. Legislative Rajya Sabha as equal as of Lok Sabha. The power to amend the constitution is also as equal as Lok Sabha. However Rajya Sabha has less financial powers.

The main function of Parliament is law making. All legislative proposals are initiated in the Parliament in the form of bills: Bills are three types

40

1) 2) 3) -

Ordinary bills Money Bills Constitutional Amendment Bills

Every bill should read three times in the House and pass through five stages in each House. First reading Second reading Select Committee Stage Report stage Third reading

Lok Sabha is headed by Speaker. Speaker is the guardian and custodian of rights and privileges of the Members of the House.

Speaker can be removed by the majority members of the house by special resolution.

If

the

Speaker

is

the

member

of

any

Parliamentary Committee, he will act as Exofficio Chairman of such Committee. Court cannot enquire into the proceedings of Parliament.

41

PRIME MINISTER Prime Minister appointed by President who is the leader of majority party in Lok Sabha. Prime Minister will select his Council of Ministers and President will appoint them. Head of the Government is Prime

Minister Chairman of cabinet is Prime Minister Prime Minister is the ex-officio Chairman of the Planning Commission. Council of Ministers can be appointed either from Lok Sabha or Rajya Sabha. Council Minister, of Ministers consists of In Prime 44 th

Cabinet

Ministers.

amendment cabinet Ministers are introduced. The council of Ministers shall not exceed 15% of the total members of the House of People. (9th amendment in 2003). A non member of the Parliament can also become a Minister or Prime Minister. But he must be elected to the Parliament with in a period of six months from the date of appointment a Minister.

42

SP ANAND VS H.D. DEVA GOUDA AIR 1997 SC 272 ATTORNEY GENERAL OF INDIA (ART. 76) He is appointed by the President of India. Attorney General of India is the first Law Officer of the counter. He should have all qualifications to be appointed as the Judge of the Supreme Court. He is entitled for all the privileges and immunities Parliament. PARLIAMENTARY COMMITTEE Parliamentary Committees are two types: i) ii) Ad hock Committees Standing Committees Committee means Permanent such as the Member of

Standing Committee.

Eg..: Public Accounts Committee, Estimates Committee.

The Controller ad Auditor General India:

of

43

Article 148 deals with The Controller ad Auditor General of India: He will maintain the accounts of both Central and State Governments. He is nothing but Accountant of India and he is appointed by the president

UNION JUDICIARY SUPREME COURT Indian Constitution is a living document. Supreme Court is the custodian and guardian Constitution.

of the -

Supreme Court consists of a Chief Justice and not more than 25 Judges.

Number of Judges increase from 17 to 25 in the year 1976.

Chief Justice and other Supreme Court judges are being appointed by the President of India.

The President has to consult Chief Justice of India for appointing other Supreme Court Judges.

Retirement of Supreme Court Judge is 65 years.

44

Under Article 128 of the Constitution a retired Judge of Supreme Court can continue the Judge of Supreme Court.

Article 141: Law declared by the Supreme Court is binding on all Courts.

Under Article 136 Supreme Court has power to grant special leave to appeal from any judgment from any Court or Tribunal.

Under

Article

137

Supreme

Court

can

review its own judgment. Under Article 143 Supreme Court has

Advisory Jurisdiction. The President of India may seek advise from the Supreme Court on the matter of public importance. Removal of Judges Supreme Court judges can be removed by the President on the ground of proved misbehaviour or incapacity. According Article 124 President can remove the judge of the Supreme Court or High Court in a joint session of both the Houses of Parliament with 2/3rd majority.

45

Justice

Ramaswamy

is

the

first

Judge.

Impeachment motion was moved but it was not accepted by the Parliament. They must work 10 years as an Advocate and 5 years as High Court Judge. High Court Judges They must work 10 years as judicial officer or 10 years as an advocate. Under Article 226 of the Constitution the High Courts can issue Writs. -The Writ jurisdiction of High Court and Supreme Court is called Original Jurisdiction. The age of retirement is 62 years.

State Legislature State Council. Nominal executive head of the State is Governor. Legislature = Governor + +

Legislative

Assembly

Legislative

46

President

appoints

Governor

with

the

recommendation of Union Council. He is th agent of the Center to which he reports fortnightly on the affairs of the State. Tenure is five years. The person appointed a the Governor should complete 35 years. During emergency Governor becomes

powerful and acts as a representative of the President He will exercise all the powers of Union Executive. Legislative Assembly Member of Legislative Assembly are elected by the people. Maximum number of MLAs is 5000 and minimum is 60. Tenure is five years. During emergency Governor can extend for one year. Minimum age to be required for MLA is 25 years not less than 25 years. Legislative Council

47

Some of the States have Legislative Council as Upper House.

It is the permanent house. Total number of Legislative Council shall not exceed 1/3rd of the total members of Legislative Assembly.

40 members are minimum. 1/3 members retire for every 2 years Advocate General is the first law officer of the State appointed by the Governor.

Union Territories are administered by the President.

Delhi has given special status under Article 239-AA and called as National Capital. Territory of Delhi.

Its administrator is called as Lieutenant Governor

Delhi has Legislative Assembly and it has Chief Minister.

Article

243

deals

with

Panchayats

and

Municipalities Article 248

48

Residuary powers means the powers which are not defined any where.

According to Article 248 residuary powers are available to Parliament only.

Doctrine of Pith and Substance It is used to decide the competency of the State Legislatures to enact a law. This doctrine is used to decide the dispute between Centre and State Legislative Power. Doctrine of colorable legislation. It means if any law enacted by the

Legislature is beyond its competence and violation of the constitutional provisions is declared as colorable legislation. Article 254 -Rule of Repugnancy Any law enacted by State Legislative in violation of the law declared by the Parliament is void by applying the Rule of Repugnancy.

COMMISSIONS Finance Commission - Article 280

49

President Commission.

will

appoint

the

Finance

13th Finance Commission.(Dr.Vijay Kelkar) Finance Commission consists of a Chairman and four Members.

This commission will be five years.

Planning Commission This came into existence from 15th March, 1950. Prime Minister is the Chairman of Planning Commission. Planning Commission shall prepare the five years plans.

Election Commission - Article 324 President will appoint the Chief Election Commissioner and other Commissioners. Election Commission = Chief Election

Commissioners + 2 Election Commissioners.

50

Human Rights Commission. Parliament passed the protection of Human Rights Act in 1993. The Acts set up a National Human Rights Commission which deals with the matters pertaining through the violation of Human Rights. Members shall hold office until 70 years of age or till completion of five years. Retired Chief Justice of Supreme Court is the Chairman of the Commission. Union Public Service Commission - Article 315 President will appoint the members.

Members hold office for a period of six years or till they attain 60 years. It conduct examinations to Union Services (civil services).

Article 300 sast that the state can sue any one and it also can be sued Article 368 procedure. deals with the amendment

51

Article 369 -392 deals with Temporary Transitional and Special Provisions Article 370 deals with special provisions to the state of Jammu&Kashmir Article 393 of Indian constitution deals with the Short title. Article 394 of Indian constitution deals with the Commencement. Article 395 the Repeals. Indian constitution deals with

of

Schedules of Indian constitution:

Schedules are lists in the Constitution that categorizes and tabulates bureaucratic activity and policy of the Government. There are 12 schedules present in the Constitution of India

52

First Schedule - This schedule deals with the states and territories of India and also lists if there are any changes to their borders and the laws used to make that change. Second Schedule - Emoluments for High-Level Officials. This schedule deals with the salaries of high officials holding public office such as The President and Governors of States, Judges, Comptroller and Auditor-General of India etc. Third Schedule - This schedule deals with the forms of Oaths or Affirmations of offices for elected officials and judges. Fourth Schedule - This Schedule specifies the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. Fifth Schedule - This Schedule specifies the Administration and Control of Scheduled Areas and Scheduled Tribes. Sixth Schedule - This Schedule deals with the provisions for the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

53

Seventh Schedule - This Schedule specifies the responsibilities of lists i.e. Union, State, and Concurrent lists. Eighth Schedule - The 22 languages selected as the official languages of India are mentioned in this Schedule. Ninth Schedule - This covers land and tenure reforms; the accession of Sikkim with India. Validation of certain Acts and Regulations is also dealt with in this Schedule. Tenth Schedule - This Schedule specifies provisions as to disqualification on ground of Anti-defection for the Members of Parliament and Members of the State Legislatures . Eleventh Schedule - This Schedule deals with the Powers, Authority and Responsibilities of Panchayats. Twelfth Schedule - This Schedule deals with the Powers, authority and responsibilities of Municipalities.