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Constituent Assembly - constituted in Nov 1946 as per cabinet mission plan -first parliament of free India

First advocated by Sh. M.N.Roy in 1934, demanded by INC in 1935, principally accepted by British Govt in 1940 (August Offer) >> Cripps Proposal (rejected
by Muslim League) >> Cabinet Mission. Dr. BR Ambedkar was chairman of Drafting Committee.

Two functions : Make constitution & make ordinary laws (both on separate day)
Strength = 389 ((296 British India + 93 Princely states ) - population basis. On withdrawal of members of Pakistan - 229 British India +70 PS
British provinces - Seats to be further allocated between all communities in prop to population. Representative of each community is to be indirectly
elected by members of that community in the provincial legislative assembly by prop rep by mean of single transf vote. (MLAs were appointed under
GOI Act, 1935 on basis of limited franchise on basis of tax, property, & education)

Princely states - Nominated by head of states.


Composition :
Objective Resolution : read by JL Nehru on Dec 13, 1946 - Book Pg 2.2 - Its modified version forms the Preamble of the Constitution.
Criticism : One party body, Lawyer-politician domination, Hindu domination
26th November 1949 - Constitution was passed . But the constitution come into force on 26th January 1950 (bcz on this day Lahore session of INC adopted
resolution of Purna Swaraj)

Salient features
Articles Parts Schedules
395 22 8
450 24 12
Secular character of Indian Constitution - Read pg 3.5
Imp articles, schedules & parts - pg 3.7 to 3.11
Preamble of India - as amended by 42nd Act - is a part of Constitution - SC IN Kesavananda Bharati case
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST (Democratic socialism and not
communistic socialism i.e. mixed economy) SECULAR (Positive secularism) DEMOCRATIC REPUBLIC (Head of state is elected not monarchy and
all public offices are open to all) and to secure to all its citizens:
JUSTICE (taken from Russian revolution), social, economic and political;
LIBERTY (taken from French revolution), of thought, expression, belief, faith and worship;
EQUALITY (taken from French revolution)of status and of opportunity;
and to promote among them all
FRATERNITY (taken from French revolution) assuring the dignity of the individual and the unity and integrity of the Nation
Devices of Direct Democracy - Referendum, Initiative, Recall and Plebiscite (Read Pg. 4.6)
Constitution
03 Jul y 2013
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Articles and brief provisions Page 1
They are justiciable i.e. if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court
or High Courts for the protection of his/her Fundamental Rights.

They are not absolute but qualified - balance between individual liberty and social control.
Against State action v/s action of all -state & pvt individual. If rights are available against state only and is violated by pvt individual, there are no
constitutional remedies but only ordinary legal remedies.

Can be suspended in national emergency except article 21-22. Art 19 only in case of EXTERNAL AGGRESSION.
Features
Article 12 defines State for Part- III. e.g. IOC will also fall within this definition I.E. ALL INSTRUMENTS OF STATE
Art 13 - All inconsistent law(incl ordinances, regulations , customs etc) - Void by Doctrine of Judicial reviewi.e. on SC (Art 32) & HC (Art 226).
Constitutional amendment not a law. Kesavananda Bharati case (1973) - Principle of basic structure.

Sl. No. Fundamental


Right
Article Diff Remarks
1 Right to Equality 14-18 4
Article Provision Exceptions / Remarks
14 Equality before law and equal
protection before laws
Both Immunity to P, G, MP, MLA, Diplomats, Ambassadors,
UN

Article 31-C an exception


15
Religion, Race, Caste, Sex,
Place of Birth, RESIDENCE
(Against state)

Prohibition of discrimination on
ground of ONLY:
1.
No Citizen shall be subjected to
any disability, liability,
restriction or condition on
grounds ONLYof RRCSP with
regard to :
2.
Access to shops, public
restaurants, hotels and
places of public
entertainment

the use of wells, tanks,


bathing ghats, roads and
places of public resort
maintained wholly or
partly by State funds or
dedicated to the use of
General public. (Against
BOTH pvt individuals and
STATE)

Citizens State can make special provisions for :


Women and children
Advancement of any SOCIALLY AND EDUCATIONALLY
BACKWARD classes of citizens or for SC and ST.
(General)

Specific - for their admission to educational institutions


incl pvt institutions whether or not aided by state
except minority educational institutions. (93rd CA Act,
2005)

(Creamy Layer - of parents - 6 lacs)


16 Equal opp in public emp (No
discrimination on ground of ONLY
Religion, Race, Caste, Sex, Place of
Birth, Place of Residence)
Citizens Parliament can prescribe residence as a condition for
certain employment

Certain religious office for particular religion only


16(4) : State can provide for reservation of
appointments or posts in favor of any backward class
that is not adequately represented in the state services.
(Non creamy layer only, max 50% in a year - SC in
Mandal case, 1992). National Commission for backward
classes - statutory body - consider inclusion & exclusion
of castes for reservation.

16(4A) : State is empowered to provide for


reservations in promotion, with consequential seniority
in favor of SC/ ST that are not adequately represented
in the state services.

(117th Amendment Bill, 2012) : Below


16(4B) : State is empowered to consider the unfilled
reserved vacancies of a year as a separate class to be
filled in succeeding years and not to be combined
within ceiling of 50%. It ends 50% ceiling on backlog
vacancies.

17 Abolition of Untouchability
(Madras HC- This article refers to
the social disabilities imposed on
certain classes of persons by
Both Protection of Civil Rights Act, 1955 - Civil Rights mean any
right accruing to a person by abolition of untouchability
by Article 17. A person convicted of offense is disqualified
for election as MP / MLA.
Fundamental Rights Part- III, Article 12-35, Derived from USA (Bill
of Rights) - EF ER CCR
24 March 2013
17:23
Articles and brief provisions Page 1
certain classes of persons by
reason of their birth in certain
castes).
for election as MP / MLA.
18 Abolition of Titles Both SC - Article prohibits only heredity titles of nobility. Merit
titles are valid but do not use it as prefix or suffixes.
2 Right to
Freedom
19-22 3
19 Freedom of speech and expression
To assemble peacefully and without arms
To form associations or unions
To move freely throughout the territory of India
To reside and settle in any part of territory of India
To practice any profession / occupation /trade/
business

Citizens Article 19 can be suspended only in


case of extenal emergency.
Does not include right to strike/
lockout and can be controlled by app
industrial law
20 Protection in Respect of Conviction for An Offence -
only for conviction & not against trials
Both No ex-post-facto law (only for
criminal laws and not for civil or tax
laws)(NA in case of preventive
detention)

No double jeopardy( only in court or


tribunal)

No self incrimination (only for


criminal laws and not for civil laws)

21 Protection of Life and Personal Liberty except


according to procedure established by law - SC in
Menaka case - for both against arbitrary executive
and legislative actions - thus "due process of law" as
contained in American Constitution. Read pg 7.13
Both Cannot be suspended in national
emergency.
21A Right to free and compulsory education betwn 6-14
yrs
22 Prevention against Arbitrary Arrest and Detention -
Pg 7.14
Both Cannot be suspended in national
emergency.
3 Right against
exploitation
23-24 1
23 Prohibition of all forms of forced labour as well as
traffic in human beings
Both
24 Prohibition of employment of children
in any factory etc
Both
4 Right to
freedom of
religion
25-28 3
5 Cultural and
educational
rights
29-30 1 Only available to Citizens
6 Right to
Property
31 Deleted by C.A. 44th in 1978 - made a right under Article 300-A in part XII.
7 Right to
Constitutional
Remedies
32 0
Article 16(4A) :
The Supreme Court judgments in the Nagaraj case, 2006 and subsequent cases that have a bearing on reservation in promotion for the S.Cs and S.Ts have
held that,
The right to equality under Article 16(1) is the fundamental right of every citizen; but Clauses (4) and (4A) of Article 16 d o not confer a fundamental
right on the classes for whom reservation is provided or is sought to be provided. It is also discretionary and the S.Cs and S.Ts cannot claim
reservation in promotion as a fundamental right as it is a matter of the states discretion.
a.
Compelling reasons;
Backwardness;
Inadequate representation in the services.
If the state considers it necessary to provide reservation, including reservation in promotion, it must show by data that the following conditions for
exercising the discretion exist:
b.
Exclusion of creamy layer;
Efficiency of administration required by Article 335 should not be compromised;
50 per cent limit should not be breached; and
Reservation should not be extended indefinitely.
The court has also laid down the following conditions: c.
To nullify judgment, Art 16 (4A) is to be amended by CA 117th Amendment Bill, 2012 :
(4A) Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified under article 341 and
article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for
reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in
the services of the State..
Articles and brief provisions Page 2
the services of the State..
Article 19 - reasonable restrictions
Freedom of : Sovereignty &
integrity of
India
Security of
the state
Friendly relations
with foreign
states
Public
Order
Decency or
morality
Contempt
of court
Defamati
on
Incitemen
t
to an
offence
Interest of the
General Public
Interest
of ST
Speech &
expression
Y Y Y Y Y Y Y Y
Assembly Y Y
Association Y Y Y
Movement Y Y
Residence Y Y
Profession Y
Preventive Detention - Article 22
Legislative power : Divided between P and SL.
P - exclusive authority on - DEFENSE, FOREIGN AFFAIRS, SECURITY OF INDIA
P & SL - concurrent power - SECURITY OF STATE , MAINTENANCE OF PUBLIC ORDER. MAINTENANCE OF ESSENTIAL SUPPLY/ SERVICES
Protections available to DETENU :
Max 3 months detention , after that only on basis of report of advisory Board which shows sufficient cause for extension. The Board is to
constitute judges of HC.
a.
Ground of detention is to be communicated except when matter is of public interest b.
Opp to make representation against detention order. c.
Parliament is empowered to specify :
the circumstance and the classes of cases in which a person can be detained for > 3 months without advisory board report. a.
max period of detention in any classes of cases b.
procedure to be followed by advisory Board for enquiry c.
Articles and brief provisions Page 3
Legislative Relations
Territorial Extent of legislation - 1.
The Parliament can only make EXTRA-TERRITORIAL legislation. Eg. Laws of parliament are also applicable on the property in nay part of the
world of Indian Citizens.
However, laws of parliament are not applicable in following cases :
4 UT - A & N island, Lakshadweep, D & N haveli , D & Diu - President can make regulation for peace, progress & good governance. This
regulation can repeal or amend any parliament Act.

Assam - Governor may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS of Assam
Meghalaya, Tripura & Mizoram - President may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS
of these states

Governor may direct an Act of Parliament may not apply or apply with modification to a SCHEDULED AREA in the state.
Legislative Subjects 2.
Education
Forests
Protection of wild animals and birds
Weight and measures
Administration of justice; constitution and organisation of all courts except HC & SC
42nd amendment - 5 subjects t/f from state list to concurrent list -
Union List > Concurrent List > State List
Concurrent List : Union Law > State Law (Exception : If the state law has been reserved for P and has recd his assent, then the state law
prevails in that state. However, Union law can override by subsequent legislation)

Any law on concurrent subject is to be executed by states even if law is enacted by parliament except where the constitution or the
parliament directs otherwise.

In case of overlapping :
Parliament legislation in state field 3.
RS passes resolution by 2/3rd majority of members present & voting
that it is in national interest. Such resolution validity is 1 yr , renew it
any no of times for 1 yr.
Law become inoperative on expiry of 6 mnths after resolution
ceases. State can also frame law but union law will prevail in
case of inconsistency.
National Emergency Law become inoperative on expiry of 6 mnths after emergency
ceases. State can also frame law but union law will prevail in
case of inconsistency.
MLA of 2 or more state make request, then union law will apply to
these states only. Other states may later adopt.
MLA CANNOT make law on that subject (surrender of power)
To implement international agreement
During President Rule Such law remain in force even after P rule. It has to be repealed
or altered or re-enacted by MLAs.
Centre control over State legislation 4.
Bills on certain matters enumerated in state list can only be introduced in SL only with the previous sanction of P. a.
P can direct the states to reserve money and other financial bills passed by SL for his consideration during FINANCIAL emergency. b.
Administrative Relations
The executive power of the state is to be exercised in such a way :
As to ensure compliance with the laws made by the parliament a.
As not to impede or prejudice the exercise of executive power of the centre in the state. b.
The centre can give such directions as may be necessary or this purpose.
Article 365 : State fail to comply - P can hold that situation has arisen in which govt of state cannot be carried on in accordance with the
constitution i.e. President Rule. Read Pg 13.5
INTER GOVT DELEGATION OF EXECUTIVE FUNCTIONS -with or without conditions
1 With Consent Centre >> State By President
2 With Consent State >> Centre By Governor
Centre-State Relations
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15:01
Articles and brief provisions Page 1
2 With Consent State >> Centre By Governor
3 Without Consent Centre >> State By Parliament
Relations during emergencies
Centre can give executive directions to state on ANY matter.
President Rule : P assume entire functions of state govt and governor
Financial emergency : P can direct reduction in salaries of person serving in the state and HC judges
Financial Relations
State can impose tax in respect of any water or electricity stored, generated. Consumed, distributed or sold by any authority established by
parliament for regulating or developing any inter-state river or river valley. But such law should be reserved for the P consideration and his
assent.

Levied
Collected Sharing
1 Stamp Duty
Ex duty on medicinal & toilet prep
Union State Assigned to that state
2 Service tax Union State Appropriated between Union & state as determined by parliament
3 CST Union State Assigned to concerned states as per principle laid down by parliament
4 Other Centre Centre Determined by President on recommendation of Finance commission
5 Surcharge on 3 & 4 above Centre
6 State State State
Grants:
Statutory Grants : To state which are in need of financial assistance and not to every state . Charged to CFI . There can be specific grants
also. On recommendation of Finance Commission.

Discretionary Grants : On recommendation of Planning commission.


Effects of emergencies:
National Emergency : P can modify revenue distribution. Effect till end of FY in which emergency ceases.
Financial Emergency : Centre can give direction to states :(i) to observe financial propriety (ii) reduce salary (iii) reserve all money &
other financial bill for P.
Protection of state interest
Following bills can be introduced in Parliament only on recommendation of President :
Bill imposing or varying tax in which state are interested (i.e. jis tax ka paisa state ko milta hai) a.
Bill which vary the meaning of Agricultural Income for IT purpose b.
Bill which affect principle on which money are distributable to states c.
Bill imposing surcharge on any specified tax for the purpose of Centre. d.
Borrowing Powers
Taken
by
From whom Limit Security Nature
CG Within & Outside
India
Within limit fixed by parliament ( no
such law framed)
Security : CFI Borrow or give Guarantees
SG Within India ONLY Within limit fixed by SL Security : CF of
state
Borrow or give Guarantees
SG CG Charged to CFI Loan to SG or give gurantee in respect of
loan raised by SG
a.
SG cannot raise loan without consent of centre if there is still o/s any part of loan made to SG by CG or in respect of guarantee.
INTER-STATE WATER DISPUTES (ARTICLE 262)
The River Boards Act : for the regulation and development of inter-state water. RB is established by CG on requests of states. So far, NIL
constituted

The Inter State Water Disputes Act : CG to setup ADHOC tribunal. The decision of tribunal is final & binding. No court to have jurisdiction.
Articles and brief provisions Page 2
Draft River Basin Management Bill (26/06/2013) : To amend the River Boards Act. The draft legislation seeks to create a mechanism for integrated
planning, development and management of water resources of a river basin. The bill proposes to set up river basin authoritie s for Brahamani-Baitarini
basin, Cauvery basin, Ganga basin, Godavari basin, Indus basin, Krishna basin, Mahanadi basin, Mahi basin, Narmada basin, Pen nar basin, Subarnreakha
basin and Tapi basin .

INTER-STATE WATER DISPUTES COUNCILS (ARTICLE 263)


On recommendation of the Sarkaria Commission. Set up in 1990. Recommendatory Body. Meeting atleast 3 times in a year.
Members :
PM
CMs of all states
CM of UT having LA
Administrators of UT not having LA
6 Union cabinet ministers incl Union Minister to be nominated by PM.
INTER-STATE TRADE & COMMERCE
Trade can be restricted as follows :
Parliament can in Public interest but no discrimination between states except in case of scarcity of goods
SL can impose reasonable restriction with previous sanction of P. No preference or discrimination.
SL can impose tax on goods imported from other state to which similar goods in that state are subjected. But no discriminatory taxing.
Subject to Nationalisation laws i.e. law by parl or SL to carry business by govt to exclusion of citizens, partial or complete.
ZONAL COUNCILS
Statutory Body - States Reorganisation Act, 1956 - 5 zones
Members -
Union Home Minister (Common chairman of all 5 councils)
CM of all states in zone (Vice chairman by rotation - 1 yr each)
Two other minister of such states
Administrator of UT
Advisors without right to vote :
Person nominated by the Planning Commission
Chief secretary of the govt of each state in the zone
Development commissioner of each state in the zone
North Eastern Council is also a statutory body.
Articles and brief provisions Page 3
Part Title Article
XI & XII
Legislative - XI
Administrative
- XI

Financial - XII
Relationship
between the Union
and the States
Legislative
Function
(245-255)
If President passes regulation for 4 UT - And & Nic, Lakshwdeep, D & N Haveli, Damn & Diu or it repeal / amend any Act of
parlianment for these 4 UT.

Governor direct - for Scheduled Area in his state


Governor of Assam direct- Tribal Area
President direct - Tribal areas of Meghalaya, Tripura and Mizoram
Territorial Extent : - Centre- whole of India exception :
Union List > Concurrent List > State List
Exception : If state law has received president assent.
Concurrent List : Central Law > State Law
Distribution of Subjects:-
Rajya Sabha resolves by 2/3rd majority of members present & voting - resolution effective for 1 yr - Law made to cease to be
enforceable after 6 month the resolution cease to be in force - State can also make law but in case of inconsistency, parlainment
law prevail.

National Emergency - Law made to cease to be enforceable after 6 month the emergency cease to be in force - State can also
make law but in case of inconsistency, parlainment law prevail.

Surrender of power by MLAs on any subject : When 2 or more states make request. Law apply to their states.MLAs can no longer
make law on that subject.

International Agreements
During President Rule - Law remains in force even after P. Rule. Such law has to be repealed or altered by MLAs.
Parliament legislation on state field :- In 5 extraordinary circumstances :
Governor can reserve certain bill for president assent.
Certain bill to be introduced only with previous sanction of the president.
President can direct to reserve money bills aand other financial bills for his consideration during financial emergency.
Centre's control on State legislation:
Administra
tive
function
(256-263)
A law on the concurrent subject enacted by the parlianment, is executed by the states except when the constitution / Parliament directs
otherwise.

The state has to exercise its excecutive power so as not to impede or prejidice the exercise of executive power of the centrein the state.
Centre can give direction for this purpose and 4 other matters. Sec 365 : If state fail to comply --> situation for president rule.

By President with consent of state govt --> entrust executive function of centre to such state govt
Similarly governor with consent of centre --> entrust executive function of state govt to central govt
Mutual delegation:
Delegation by Parlianment - law on union subject to be administerd by state - no consent of state required.. Similar power NOT available
to MLAs.

Financial
functions
(268-293)
Tax revenues : Normally it is distributed between centre and states in manner prescribed by president on recommendation of the
Finance Commission.

Non Tax revenues :


Sl.No. Statutory Grants Discretionary Grants
1 Article 275 Article 282
2
Which are in need of financial assistance (General) a.
For promoting the welfare of scheduled tribes in a state b.
For raising the level of administration of the scheduled
area in a state incl Assam.
c.
To states : To help states to achieve their plan targets 1.
To influence state action to effectuate the national plan. 2.
3 Charged to Consolidated Fund of India every year
4 May be general / specific
5 On recommendation of Finance Commission Planning Commission
Borrowing
powers
Centre : Obtain loan from within / outside India on security of CFI or can give guarantee within limit fixed by MPs.
State : Obtain loan from within India on security of CFS or can give guarantee within limit fixed by MLAs.
Giving of
loan or
guarantees
to state
Centre : Yes
State : With consent of centre, if there is o/s any loan/ guarantee made to the state by the centre
Effect of
emergency
National emergency : President can modify pattern of distribution of revenue between centre and states 1.
Financial emergency : Centre can instruct : a. to reserve all money and other financial bill of consideration of president. 2.
XX Amendment of the
Constitution
368 Amendment of the Constitution ( Certain other provisions also provides
for amendment but they are not covered u/a 368 - thus only simple
majority is reqd in those cases)
Introduce Bill in either house of Parliament by a Minister / Pvt.
Member.
1.
Prior permission of President is not required 2.
Special Majority required i.e. >50% of total member (irrespective
of vacancies or absentees) AND >2/3 of members present and
voting.
3.
Must be passed in BOTH house separately. No provision of joint
sitting.
4.
President assent - President MUST give assent (only option for
him).
5.
If bill seek to amend federal structure - to be ratified by
state legislatures of half of the states by SIMPLE majority
(>50% present and voting)
a.
Articles
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12:54
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Articles and brief provisions Page 2
President
Electoral College - Elected MP, MLA (states + UT of Delhi & Puducherry)
Qualification - Citizen + 35 yrs + Qualified to be MP of Lok Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state
minister not deemed to be OOP) + 50 proposers & 50 seconders + 15000 Rs.

President enjoys personal immunity from legal liability for his official acts.
Immune from CRIMINAL proceedings. Cannot be arrested or imprisoned
CIVIL proceedings : give advance 2 months notice
Personal Acts : (Same for Governor)
Impeachment : Impeachment Bill to be passed by 2/3rd majority in both houses or parliament
Conduct election in 6 months
Acting President : VP --> CJI --> Seniormost judge of SC
Office VACANT due to death, resign, impeachment, election void etc :
Can make regulation for the peace, progress and good government of A & N islands, Lakshadweep , Dadra and nagar Haveli , Daman and diu.
Also for Puducheery when assembly is suspended or dissolved. Not for Delhi & Chandigarh.

Appointment of PM when no party has clear majority


When PM in office dies suddenly and there is no obvious successor
Dismissal of council of minister (COM) when it cannot prove confidence of Lok Sabha
Dissolution of Lok Sabha if the COM has lost its majority
The president is bound by the advise of the ministers. He can do nothing contrary to their advise nor he can do anything without their advise.
However after 44th const amendment , the president can require the council of ministers to reconsider the advise. However he SHALL act in
accordance with the advice tendered after such reconsideration. He can act in his own discretion only in following situations :

The Governor is bound to reserve the bill for the consideration of president when the bill endangers the position of the state high court.
The SC has held that wherever the constitution require the satisfaction of the president, it is the satisfaction of the council of ministers and not
the personal satisfaction of the President.

He summon the joint sitting of both houses of the Parliament.


The Budget is to be passed within 75 days.
Powers of President
VETO POWER (No VETO power in respect of Constitution Amendment Bills) 1.
Absolute VETO : w/h his assent to a bill passed by the parliament (i.e. reject)
Cannot return a money bill (can give or w/h assent only)
If passed again, will have to give his assent. Parliament can override VETO power of president.
Suspensive VETO : Return a bill for re-consideration.
Pocket VETO : DO nothing - keep it pending for an indefinite period
Qualified VETO : Bill re-passed by higher majority by parliament - not required in Indian context.
The power can be exercised for bills of state legislature also. However, State legislature CANNOT override the VETO power of president.
The president cannot return a money bill for the reconsideration of MP or MLA (when bill is reserved by governor).
Ordinance making power - Conditions : 2.
Only on the advise of council of ministers
Cannot be issued to amend the constitution
Any 1 house of parliament is not in session
Existence of circumstance as to render necessary to take immediate action. President's satisfaction can be justiciable on ground of
malafide

Co-extensive with power of parliament i.e. issue ordinance on matter in which parliament can legislate and within constitutional limit
Approve by parliament within of its re-assembly
Pardoning power : 3.
Pardon : Remove sentence and the conviction - In case of death sentence under Union or court martial law. Only president can pardon
death sentence even under state law. The power is to be exercised on the advise of the union cabinet.
a.
Commutation : Substitution of one form with a lighter form b.
Remission : reducing the period of sentence without changing its character c.
Respite : awarding a lesser sentence due to some special fact e.g. physical disability d.
Reprieve : stay on execution for a temporary period e.
Nomination power : 4.
Rajya Sabha : 12 MP from person having special knowledge ; Lok Sabha : 2 MP- form anglo Indian community
Governor : LA : 1 MLA- form anglo Indian community ; LC : 1/6th members having special knowledge
Executives
15 June 2013
23:05
Articles and brief provisions Page 1
Governor
Reserving a bill for president
Recommending for imposing president rule
Exercising power as administrator of adjoining UT.
Seeking info from CM regarding administrative ad legislative matters of the state
Determining the royalty payable by Govt of Assam, Meghalaya, Tripura and mizoram to Tribal district council for mineral exploraiton
He can at time act in his own discretion while a president CANNOT. The decision of the Governor regarding whether a matter falls within
his discretion is final and validity of it cannot be challenged. In following cases he has discretion (apart from situational discretion same as
president) :

Ministerial advise are not binding on the governor but are binding on the President.
The Governor can :
Vice President
Electoral College - Elected & Nominated MP, MLA
Qualification - Citizen + 35 yrs + Qualified to be MP of Rajya Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state
minister not deemed to be OOP) + 20 proposers & 20 seconders + 15000 Rs

Doubt / dispute in election of VP / President - Inquiry by SC


When he acts as president, his function in Rajya Sabha is performed by Deputy Chairman of Rajya Sabha.
Prime Minister
The resignation / death of an incumbent PM automatically dissolves the council of ministers .
He is the principal channel of communication between the President and the council of ministers.
Union Council of Ministers
A minister has the right to speak and to take part in the proceedings of BOTH houses but he has right to vote in the house in which he is a
member.

When the Lok Sabha passes the no confidence motion, all minister incl those in Rajya Sabha has to resign. The resignation of the PM amounts to
resignation of the entire COM.

All ministers has collective responsibility i.e. they should stand by cabinet decisions and support them both within and outs ide the Parliament
otherwise he must resign.

State Council of Ministers


There shall be a Minister in charge of Tribal welfare who may in addition be in charge of the welfare of the SC and BC or any other work in the
states of JHARKHAND, MP, CHHATTISGARH & ORISSA.

Satisfaction of Governor = Satisfaction of Council of Ministers


Individual privileges of MP
Cannot be arrested when house is in session and also 40 days before the beginning and 40 days after the end of session IN CIVIL CASES. And not
in case of criminal cases and preventive detention.

Freedom of speech in Parliament


Exempted from jury service when parliament is in session.
Oath of Affirmation
Sl. No. Appointee Administered by
1 President Chief Justice of India
2 Governor Chief Justice of concerned high court or senior most judge
3 VP President
4 PM President
5 CM Governor
6 Council of Ministers President
Articles and brief provisions Page 2
6 Council of Ministers President
7 MP President
8 Speaker/ Deputy Speaker of Lok
Sabha
Does not subscribe to any oath
9 SC judge President
10 HC Judge Governor
11 State Council of Ministers Governor
12 MLA Governor
Mode of Appointment
Sl. No. Person Who appoints ? Qualification Condition of service & tenure of office
1 President Electoral College Citizen + 35 yrs + Qualified to be MP
of Lok Sabha + No office of Profit -
OOP (Post of President, VP, Governor,
Union minister not deemed to be
OOP)
Emoluments decided by Parliament
For 5 years. No condition of max age.
Beyond 5 years, till successor takes
charge - VP doesnot takes charge
(normally election to be held before
expiry of term)

Also eligible for re-election


Resignation letter to VP.
2 Governor President (to enable the
centre to maintain its
control over the states)
35 yrs + Citizen of India + should not
be MP/ MLA (automatically vacate
post)
Emoluments decided by Parliament
For 5 years (subject to pleasure of the
president - non justiciable) . No
condition of max age. Beyond 5 years,
till successor takes charge.

Also eligible for re-election


Resignation letter to President.
3 Vice President Electoral College Citizen + 35 yrs + Qualified to be MP
of Rajya Sabha + No office of Profit -
OOP (Post of President, VP, Governor,
Union minister not deemed to be
OOP)
For 5 years. No condition of max age.
Beyond 5 years, till successor takes
charge

Also eligible for re-election


Resignation letter to President.
4 Prime Minister President Leader of the majority party in Lok
Sabha. When no clear majority,
president use its discretion and ask
PM and ask him to seek a vote of
confidence within 1 month.

Majority is to be proved after


appointment within a reasonable
period

Has to be a member of either house


of parliament

5 Chief Minister Governor Same Same


6 Council of Ministers President On the advise of PM
Total no = max 15% of the total
strength of Lok Sabha

Shall not be disqualified on ground


of defection

Shall become MP of either house


within 6 months

Salary / allowances determined by


parliament

7 State Council of
Ministers
Governor On advise of CM
Total no = 15% incl CM. Min no = 12
Shall not be disqualified on ground
of defection

Shall become MLA of either house


within 6 months

Salary / allowances determined by MLA


Procedure of Removal
Sl. No. Person Who can remove ? Condition
1 President
(process
known as
1. Impeachment bill passed with 2/3rd majority of total membership in both
houses of the Parliament
Process :
Violation of the constitution
Articles and brief provisions Page 3
impeachment) Process :
Initiation of impeachment proceeding by either house of parliament by
1/4th members of the house

14 days notice to the president


2/3rd majority (of the total membership of the house) bill passed in one
house then sent to other which will investigate charge and pass bill with
2/3rd majority

President stands removed from office from the date on which bill was
passed.
2 VP Resolution in Rajya Sabha by ABSOLUTE majority and agreed to by the Lok
Sabha by a SIMPLE majority. 14 days advance notice is reqd
No grounds specified
3 PM President when he loses the confidence of the Lok sabha - he must resign or
the president can dismiss him
4 Any Minister President on advise of PM Generally, in case of diff of opinion
or dissatisfaction with performance
5 Lok Sabha
Speaker / Deputy
Speaker of LS/ RS
/ LA / LC
MP - by resolution passed by a ABSOLUTE majority of all the members of LS -
advance 14 days notice. During this process, he cannot preside the house.
Motion to be supported by at least 50 members.
6 Chairman of RS Remove him as VP
Articles and brief provisions Page 4
Particulars Supreme Court High Court
Organization 1 CJ + 30 Judges 1 CJ and other judges as president may determine
Appointment By President after consultation with such judges of the SC & HC
as he deems necessary. Consultation with CJ is also obligatory
CJ : appointed by president after consultation with the CJI and
governor.
Other : President + CJI + Governor + CJ of that HC
Chief Justice (THIRD JUDGE CASE : CJI should consult four seniormost judges
of the SC)
(THIRD JUDGE CASE : CJI should consult two very senior judges of
the SC)
Qualification of Judge Citizen + HC judge for 5 yr or HC advocate for 10 yr or an
eminent jurist in opinion of president
Citizen + Judicial office for 10 yrs OR HC advocate for 10 years
Tenure of Judges Upto 65 yrs (any question on age to be decided by such
authority as specified by Parliament)
Upto 62 years (question on age is to be decided by president
after consultation with CJI and decision of P is final)
Removal of Judge By president on recommendation of Parliament on ground of
proved misbehaviour or incapacity
Process as per The Judges Enquiry Act, 1968 :
Removal motion signed by 100 MP of LS or 50 MP of RS to
chairman / speaker who may admit / refuse it

He constitute 3 member committee - (a) CJ or judge of SC,


(b) CJ of HC ( c) a distinguished jurist

Committee find judge guilty of misbehavior or suffering


from incapacity, then house can take up motion

Passing of motion by each house by SPECIAL majority


Address is presented to president for removal who then
passes the order

SAME procedure
Salaries etc Determined by parliament which cannot be varied except in
case of financial emergency
SAME
Adhoc / Additional / Acting
Judge
ADHOC JUDGE : When there is lack of quorum of the Judges of
the Supreme court available to hold or continue any session of
the Court, the CJI may appoint judge of HC as judge of SC for
temporary period.
Condition
After consultation with CJ of concerned HC and previous
consent of president
a.
Judge appointed shall be qualified to be a SC judge b.
Addl Judge : Appointed by PRESIDENT for max 2 yrs (or 62 yrs)
when there is temporary increase in business or arrear of work
Acting Judge : in place of Other judge (Not for CJ) when :(max 62
yrs) :
(a) he is unable to perform his duties due to absence or otherwise
(b) he is appointed to act as CJ
Retired Judge CJI can request to retired SC judge or retired HC judge (who is
qualified to be SC judge) to act for temporary period
Condition
Previous consent of president and consent of person
concerned
a.
He will have all jurisdiction power ,privilege but he will not
be deemed to be judge of SC
b.
CJ of that HC can request to retired HC judge of any state to act
for temporary period
Condition
Previous consent of president and consent of person
concerned
a.
He will have all jurisdiction power ,privilege but he will not
be deemed to be judge of HC.
b.
Expenses charged Salary etc are charged on the CFI Charged to CF of that state. Pension are charged to CFI.
Conduct of judges Cannot be discussed in parliament or state legislature except on
impeachment motion
SAME
Ban on practice after
retirement
Yes YES
Writ jurisdiction Only for enforcement of fundamental rights . Parliament can
confer addl power to SC
For any purpose even for enforcement of ordinary legal rights.
CAN issue writ to any person, authority of govt not only within its
territorial Jurisdiction(TJ) but also outside its TJ if the cause of
action arises within its TJ.
Civil matters Only on Substantial Question of law & if HC certifies on appeal
against judgment of HC
First appeal :
Order or judgment of District courts, addl district courts and
other subordinate court lie directly to HC on both ques of law &
fact, of the amount exceed a specified limit
Second appeal :
Only on ques of law
Intra Court appeal : between Calcutta, Bombay & Madras HC
Jurisdiction on criminal
matters Has on appeal REVERSED the ACQUITTAL (non guilty) of
accused and sentenced him to death or life imp or for 10
yrs

Has taken before itself any case from any subordinate


court and convicted the accused and sentenced him to
death or life imp or for 10 yrs

If the HC :
Judiciary
15 June 2013
21:53
Articles and brief provisions Page 1
Certifies it for SC
Contempt of Court
Simple jail upto 6 mnths
Fine upto Rs 2000
Or both
It has power to punish by :
For contempt of any court in INDIA.
Other power Original exclusive jurisdiction for dispute in election of P/ VP
It is a self correcting agency i.e. it can review its own
judgement or order.

HC can also review its own decision . However there is no such


provision in constitution
Advocates Senior Advocates : Designated by SC or any HC. They have to
appear along with ADVOCATE ON RECORD in SC or any other
junior in any other court or tribunal in India. CANNOT draw
pleadings or affidavit, advise on evidence or any drafting work
etc.

Advocates-on-record : Only these advocates CAN FILE


DOCUMENTS before the SC. They can also appear & argue.

Other Advocates : They are registered on the roll of any state


bar council and can appear and argue matters in SC on behalf
of any party BUT CANNOT FILE ANY DOCUMENT OR MATTER
before the Court.

Transfer of Judges From one HC to another by President after consultation with CJI.
Third Judge case : CJI should consult 4 seniormost judges of SC
and CJ of both HC.
Jurisdiction Parliament cannot curtail but can extend As far it is specified in constitution, it cannot be curtailed. If not
mentioned, can be change by both Parliament & state legislature.
Special Powers It can authorize the Parliament to make a law on state subject. 1.
It can authorize to create new All India Services common to
both the state and centre.
2.
The collegium controversy
What is the collegium system? It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of
India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution.
What does the Constitution actually prescribe? Article 124 deals with the appointment of Supreme Court judges. It says the appointment should
be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary.
The CJI is to be consulted in all appointments, except his or her own.
Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI
and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.
How and when did the other system evolve? The collegium system has its genesis in a series of three judgments that is now clubbed together as
the "Three Judges Cases".
First Judge case : The S P Gupta case (December 30, 1981) is called the "First Judges Case". It declared that the "primacy" of the CJI's
recommendation to the President can be refused for "cogent reasons". This brought a paradigm shift in favour of the executive having primacy
over the judiciary in judicial appointments for the next 12 years.
Second Judge case : In 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association vs Union of India case
the "Second Judges Case". This was what ushered in the collegium system. The majority verdict written by Justice J S Verma said "justiciability"
and "primacy" required that the CJI be given the "primal" role in such appointments. It overturned the S P Gupta judgment, saying "the role of the
CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter. Here the word
'consultation' would shrink in a mini form. Should the executive have an equal role and be in divergence of many a proposal, germs of indiscipline
would grow in the judiciary."
Presidential reference : In 1998, President K R Narayanan issued a presidential reference to the Supreme Court as to what the term "consultation"
really means in Articles 124, 217 and 222 (transfer of HC judges) of the Constitution. The question was if the term "consultation" requires
consultation with a number of judges in forming the CJI's opinion, or whether the sole opinion of the CJI constituted the meaning of the articles. In
reply, the Supreme Court laid down nine guidelines for the functioning of the coram for appointments/transfers; this came to be the present form
of the collegium (see box).
Third Judge case : Besides, a judgment dated October 28, 1998, written by Justice S P Bharucha at the head of the nine-judge bench, used the
opportunity to strongly reinforce the concept of "primacy" of the highest judiciary over the executive. This was the "Third Judges Case".
SC guidelines on appointments
The term "consultation" with the Chief Justice of India in Articles 124 (2), 217(1) and 222 (1) requires consultation with a plurality of judges in the
Articles and brief provisions Page 2
formation of the opinion of the CJI. The sole, individual opinion of the CJI does not constitute consultation.

The CJI can only make a recommendation to appoint a judge of the Supreme Court and to transfer a Chief Justice or puisne judge of a High Court
in consultation with the four senior-most judges of the Supreme Court. As far as the High Courts are concerned, the recommendation must be
made in consultation with the two senior-most judges of the Supreme Court.

The CJI is obliged to comply with the norms and the requirement of the consultation process in making his recommendations.
Recommendations by the CJI without [such compliance] are not binding upon the government.
The transfer of High Court judges is judicially reviewable only if the CJI took the decision without consulting the other four judges in the Supreme
Court collegium, or if the views of the Chief Justices of both High Courts [involved in the transfer] are not obtained.

The CJI is not entitled to act solely in his individual capacity, without consultation with other judges of the Supreme Court, in respect of materials
and information conveyed by the Government for non-appointment of a judge recommended for appointment.

The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or transfer of a puisne judge. The consultation
need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court .

What moves were taken to correct these?


The Law Commission in its 214th Report on 'Proposal for Reconsideration of Judges cases I, II and III' recommended two soluti ons:
* To seek a reconsideration of the three judgments before the Supreme Court.
* A law to restore the primacy of the Chief Justice of India and the power of the executive to make appointments.
What is the suggested alternative to the collegium?
A Judicial Appointment Commission - the Commission is likely to consist of seven members the Chief Justice of India and two senior-most
judges of the Supreme Court, the Law Minister, two eminent jurists nominated by the President, and the Leader of the Oppositi on. The
commission would decide the appointment and transfer of judges and probe cases of misconduct by judges, including those from the highest
judiciary.
The present proposal will require a constitutional amendment.
Presidential Reference u/A 143
In 2 cases :
On ques of law or fact of PUBLIC IMPORTANCE SC may tender or REFUSE to give opinion
On any PRE-CONSTITUTION treaty, agreement etc SC MUST tender its opinion

Opinion given by SC is advisory in nature and not a judicial pronouncement and hence not binding on president
Articles and brief provisions Page 3
Particulars Rajya Sabha Lok Sabha
Composition Max 250 members = 238 Elected + 12 Nominated Max 552 members = 530 states + 20 UT + 2 Anglo Indian
(nominated)
Allocation On basis of population from each state & UT. However, only
Delhi & Puducherry have representation. Other UT population is
negligible to have UT
By Delimitation Commission
Election By proportional representation by mean of single transferable
vote
Electorate : Elected MLA
By direct election
Duration Permanent Body not subject to dissolution - 1/3rd member
retire in every 2 years - members are eligible for re-election &
re-nomination
Normal = 5 years from the date of its first meeting after the
election. Period can extended during national emergency by a
law of parliament for 1 yr at a time for any length of time. But
upto max 6 mnths after emergency ceases.
Term of office 6 years
Qualification Citizen + Min 30 years + Elector Citizen + Min 25 years + Elector
Quorum 1/10th of the total strength of the house incl presiding officer 1/10th of the total strength of the house incl presiding officer
Leader of the House
(under rules of the
house)
Minister who is MP and nominated by PM Prime Minister or minister who is MP and nominated by PM
Demand for grants RS has no power to vote on demand of grants
Territorial Constituencies
2 principles :
For every state : Ratio of ( No of seat in each state / Population of state ) = equal for each state
Within state : Ratio of (population of each constituency / No of seats allotted) = same throughout the state
Seats are also reserved for SC / ST on the basis of population ratio.
Disqualifications : Pg 22.5 Book - Under Constitution & the representation of People Act, 1951 - Any question on disqualification is decided by
President on the opinion of election commissioner and his decision his final.
Defection law (Tenth schedule)
Left political party
Contrary voting
Independent MP join any party
Nominated MP join any party after 6 months
Decision by Lok Sabha speaker / Rajya Sabha Chairman - subject to judicial review
Vacation of office
If elected to both house simultaneously, choose 1 in 10 days. If not - vacate rajya sabha seat a)
MP elected to another house --> seat in first house vacant b)
If elected to 2 seat in a house, exercise option --> else both seat will get vacant. c)
Double membership :
Disqualification
Sl. No. Person Who can remove ? Condition
1 MP President acting on the opinion of the Election
commissioner
Non - Justiciable Disqualification under constitution or the representation
of People Act, 1951.
2 MP Lok Sabha speaker / Rajya Sabha Chairman Justiciable Under Defection law- Schedule X
3 MLA Governor acting on the opinion of the Election
commissioner
Non - Justiciable Disqualification under constitution or the representation
of People Act, 1951.
4 MLA Speaker / Chairman of LA / LC Justiciable Under Defection law- Schedule X
Legislatures
16 June 2013
21:18
Articles and brief provisions Page 1
If MLA become MP, resign as MLA within 14 days --> seat of MP gets vacant d)
Disqualification : incl defection law
Resignation : addressed to speaker / chairman - when accepted
Absence : for 60 days without its permission . Period does not include any period during which house is prorogued or adjourned for
more than 4 consecutive days.

Election void by high court (Representation of People Act enables HC to declare an election void if a disqualified
candidate is elected. Appeal lies to SC)
a)
Expelled from house b)
Elected as P / VP /governor c)
Other cases :
Lok Sabha speaker
He is the final interpreter of the (i) Constitution, (ii) the rule of procedure and conduct of business of Lok Sabha , (iii) the parliamentary
precedents within the house.

He cannot vote but can cast only casting vote.


He presides over the joint sitting of the parliament summoned by the PRESIDENT.
He decides whether a bill is money bill or not and his decision is final. Also certifies it to be money bill.
He is the ex officio chairman of the Indian Parliamentary Union.
He appoints the chairman of all parliamentary committees of Lok Sabha and his himself chairman of the Business Advisory , the Rules & the
General purpose committee.

His work cannot be criticized in Lok Sabha except on a Substantive motion


Rank in the order of precedence - 7th along with CJI - higher than all cabinet ministers except PM (3) / DPM (5A)
Deputy Speaker Lok Sabha
Special Privilege : He automatically becomes chairman whenever he is appointed as member of any parliamentary committee.
Panel of chairpersons of Lok Sabha / Vice chairman of Rajya Sabha
Nominated by speaker / chairman from MP --> max 10 chairpersons -- > any of them presides house in ABSENCE (VACANCY) of the speaker /
chairman & deputy speaker / deputy chairman. In case of vacancy, President appoint among members of the house and fresh elect ion are
held.
Speaker Pro Tem
Normally a speaker tenure = before the first sitting of newly elected Lok Sabha. So till appointment of a new speaker, temporary
speaker is appointed.

Appointed by president --> any MP usually senior most MP.


Function : preside first sitting , administer oath to new members, enable to elect new speaker
Chairman of RS = VP of India
He is not the member of the house
Leader of Opposition is of a political party having at least 1/10th seat of the total strength of the house. He is accorded s tatus equivalent to a
cabinet minister.

Sessions of Parliament
Language - Hindi & English. Mother tongue with the permission of the PO
The max gap between 2 sessions (first sitting to its prorogation / dissolution) of parliament cannot be more than 6 months.
1 SESSIONS --> Many MEETINGS --> 2 SITTINGS (in a meeting) --> a sitting can be terminated by Adjournment or Adjournment sine die
or prorogation or dissolution (of LS).
Adjournment : suspend the work for a specified time from hours to weeks
Power of both is with presiding officer of house. He can also recall house at any time (even before specified time)
Adjournment sine die : terminating without naming a day for reassembly (i.e. for an indefinite period)
Prorogation:
Adjournment Prorogation
It terminates a SITTING It terminates a SESSION
By Presiding officer By president
Articles and brief provisions Page 2
By Presiding officer By president
No effect on pending bills No effect on pending bills . However, pending notices (other than those
for introducing bills) lapse.
Dissolution : All pending (before LS or its committee) bills , motions, resolutions, notices, petition and so on lapses
Bill pending in LS lapses
Bill passed by LS pending in RS lapse
President notifies joint sitting before dissolution -> does not lapse
Pending in RS >> does not lapse
Awaiting president assent >> does not lapse
Returned by president for reconsideration >> does not lapse
Question Hour
First hour of every parliamentary SITTING >> ministers answer the questions.
A member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating his intention to ask a question giving the
text of the question & Minister to whom the question is addressed as also the date on which the question is desired to be placed on
the list of questions for answer as also the order of preference, if any, for its being placed on the list of questions when a member
tables more than one notice of questions for the same day.

The normal period of notice of a question is not more than twenty-one and not less than ten clear days. A short notice question can be
asked with a notice shorter than ten days, but the member has to state briefly the reasons for asking the question at short notice.

Starred question : for oral answer, marked with * . Supplementary ques follows. Max 20 in a day
Unstarred : requires a written answer. Max 230 in a day. In addition, 25 ques in relation to states under president rule can be
included.

A Short notice question : matter of urgent public importance, notice of less than 10 days, answered orally.
3 types :
Zero Hour
Time period between end of question hour and the time of agenda (normal business) of day.
Not a part of rules of procedure >> Informal device
Half an hour Discussion Short Duration Discussion
Discussing a matter of SUFFICIENT public importance URGENT public importance
Speaker can allot 3 days in a week for such discussion Max 2 hours
Max 2 days in a week
No formal motion or voting No formal motion or voting
Legislative procedure in Parliament
Public Bill Private Bill
Its introduction requires 7 DAY notice Its introduction requires 1 month notice
Ordinary Bills Money Bills (matters specified in Article
110) -part of Financial bill
Financial Bills I (Article 117 (1)) Financial Bills II (Article 117 (3))
General It contains ONLYmatter specified in
Article 110 i.e. Taxation / Regulation of
borrowing powers / CFI / Contingency
funds
Along with article 110 matter, also
matter of general legislation.
Exp from CFI but does not include any
matter of Article 110
Either in LS or RS Only in LS Only in LS Either in LS or RS
By a minister or any private
member
By a minister By a minister By a minister or any private member
President Recommendation -
NO
YES YES NO for introduction.
However, it cannot be passed by
either house unless recommendation
of president is received for
consideration of the bill.
RS can amend or reject Only recommend within 14 days. If not
recommended, deemed passed
RS can amend or reject RS can amend or reject
It can be retained by second
house (after been passed by
house in which it was
introduced) for max 6 months ,
it results in deadlock
RS - only for max 14 days It can be retained by second house
(after been passed by house in
which it was introduced) for max 6
months , it results in deadlock
It can be retained by second house
(after been passed by house in which it
was introduced) for max 6 months , it
results in deadlock
Articles and brief provisions Page 3
it results in deadlock
President - Assent / reject/
reconsideration
Only assent or rejection President - Assent / reject/
reconsideration
President - Assent / reject/
reconsideration
Joint sitting - YES NOT required YES YES
Joint sitting
In 3 situations :
Bill is rejected by other house
Disagreement on amendment
More than 6 mnths elapsed since date of receipt of bill in second house. For calculation ,the period during which the house is prorogues or
adjourned for more than 4 consecutive days is not to be counted.

Then P can summon joint sitting


Order of presiding (Speaker >> Deputy Speaker >> Deputy Chairman >> such other person as decided) Chairman of RS does not pre side as he is not MP.
Quorum >> 1/10th
Governed by rules of LS and not of RS.
Pass bill by majority
No new amendment can be made except : (a) those amendment that caused disagreement (b) the amendment that become necessary du e to passage of
time.

Demand for grants


Budget contains demand of grants by various ministries. For evaluating, 24 departmental standing committee examine and discuss in detail the
demand and prepare report and submit the same to both houses.

Only LS can vote on demand for grants. A demand becomes a grant after it is duly voted.
Voting is confined only to votable part. Exp charged to CFI can only be discussed.
General Budget - total 109 demands (103 civil & 6 defence exp) , Railway budget - 32 demands.

Policy cut Motion : disapproval of policy underlying demand. Reduce demand to Rs. 1
Economy Cut Motion : Reduce lumpsum amt or certain item of demand
Token Cut Motion : Book Pg 22.27
CUT MOTION : to reduce any demand for grant :
Appropriation Bill
No money can be withdrawn from CFI except under appropriation made by law. So an appropriation bill is reqd to withdraw money to meet (a)
grants voted by LS (b) exp charged to CFI.

VOTE ON ACCOUNT : to withdraw money till bill is passed, grant in advance is made - generally granted for 2 months and max upto 1/6th of the
total estimation.

Excess Grant
When money spent is in excess of the amount granted for that service
Voted by LS after that financial year
Before voting, it must be approved by PUBLIC ACCOUNTS COMMITTEE OF PARLIAMENT.
Other
There are 3 financial committees : (a) Public Accounts Committee (b) Estimates committee and Committee on PSU.
Rule of lapse : If the granted money is not spent in the FY, the balance expires and is credited back to CFI. So it leads to March Rush.
State legislature
Only 6 states have bicameral house - J&K, Bihar, UP, Karnataka, Maharashtra, AP.
The very existence of LC depends upon the will of LA. The LC can be abolished by Parliament on the recommendation of LC.
Passing of resolution by the state assembly by a SPECIAL majority
Parliament passes an Act by simple majority. It is not deemed to be an amendment to the constitution under Article 368.
Creation of legislative council :
Particulars LA LC
Composition Max 500 & Min 60.
For Arunachal Pradesh, Sikkim & Goa - Min 30
Indirectly elected.
Max = 1/3rd of total strength of LA
Articles and brief provisions Page 4
For Arunachal Pradesh, Sikkim & Goa - Min 30
For Mizoram & Nagaland - Min 40 & 46 respectively
Some members of Sikkim & Nagaland are also elected
INDIRECTLY.
1 nominated MLA by Governor from Anglo Indian Community
Max = 1/3rd of total strength of LA
Min - 40
Manner of election Direct Election 5/6 members are elected by system of proportional
representation by mean of STV.
1/6 nominated by Governor ( cannot be challenged)
Manner (5/6th) : Parliament can modify the composition
1/3 by member of local bodies in the state a.
1/12 by graduates of 3 yrs standing and residing within the
state
b.
1/12 by teachers of 3 yrs standing within the state, not
lower in standard than secondary school
c.
1/3 by MLA from person other than MLA d.
Duration Normal = 5 years from the date of its first meeting after the
election. Period can extended during national emergency by a
law of parliament for 1 yr at a time for any length of time. But
upto max 6 mnths after emergency ceases.
Permanent Body not subject to dissolution - 1/3rd member retire
in every 2 years - members are eligible for re-election & re-
nomination any no of times.
Max 6 years
Qualification Citizen + Min 25 years + Elector Citizen + Min 30 years + Elector + Resident of concerned state for
governor nomination.
Quorum 10 MLA or 1/10 th of strength whichever is greater 10 MLA or 1/10 th of strength whichever is greater
Passing of Bills If bill has originated in LC and rejected by LA, the bill end and
becomes dead. Assembly rejects amendment suggested by LC
LC reject the bill
LC does not take action for 3 months
If the :
Passes with amendment not acceptable to LA
LC reject the bill
LC does not take action for 1 months
The assembly may pass the bill again and send it to LC. If the LC :
Then the bill is deemed to be passed by both houses.
Joint Sitting NOT REQD
Reconsideration Sent by Governor
If houses pass bill again with or without amendment, the
governor MUST give his assent.
Sent by President
The bill is to be reconsidered within 6 months. The P is not
obliged to give its consent.
Money Bill - exactly
same as in case of
parliament
P cannot return the bill for reconsideration . He must give or
withhold assent.
Articles and brief provisions Page 5
Constitutional Bodies Statutory Body Executive Resolution
Election Commission (324) (Election of MP, MLA ,
President, VP ) -
Multi member body (as on today)
Joint State Public Service Commission
(JSPSC)
Planning Commission
State Election Commission (for election to Panchayats &
Muncipalities) Women
Minorities
Backward classes
Protection of child rights
Human right commission
National Commission for National Development Council
UPSC (315-323) CVC
Finance Commission (280) Central Information Commission
National Commission for SC (338) - also meant for OBC
& Anglo -Indian Community
National Commission for ST (338-A)
Special Officer for linguistic Minorities (350-B) under
Ministry of Minority Affairs
CAG (148)
Attorney General of India (76)
Advocate General of the state (165)
Mode of Appointment
Sl. No. Person Who appoints ? Qualification Condition of service & tenure
of office
1 Chief Election Commissioner and
other commissioners
President Nil President (6 yrs or 65 age- can
resign/ removed)
2 Regional Commissioner President after consultation
with the Election Commission
Nil President (6 yrs or 65 age- can
resign/ removed)
3 UPSC - Chairman & other
members
President Atleast half members should
have hold office for atleast 10
yrs in GOI or GOS
President (6 yrs or 65 age- can
resign/ removed)
4 SPSC - Chairman & other members Governor of the state Atleast half members should
have hold office for atleast 10
yrs in GOI or GOS
Governor (6 yrs or 62 age- can
resign/ removed)
5 JSPSC President For 2 or more states on the
request of the SL concerned.
President (6 yrs or 62 age- can
resign/ removed)
6 Finance Commission - Chairman &
4 other members
President every 5th year or
earlier
Specified by parliament.
Chairman - Person having exp in
public affairs
HC judge or 1 qualified
Person with special
knowledge in finance/
accounts of govt

Person with wide exp in


financial matters and in
administration

Person with special


knowledge of economics.

Members - from among follow :


Period specified by President
7 National Commission for SC / ST -
chairman, vice chairman & 3
members
President Period specified by President
8 CAG President President (6 yrs or 65 age- can
resign/ removed)
9 Attorney General of India (76) President
Has been judge of HC for 5
yrs

An advocate of some high


court for 10 yrs

Eminent jurist in opinion of


Qualified to be judge of SC i.e.
citizen of india & ..
Specified by president
08 May 2013
22:03
Articles and brief provisions Page 1
Eminent jurist in opinion of
president

10 Advocate General of the state Governor


Must have held a judicial
office for 10 yrs

An advocate of high court


for 10 yrs

Eminent jurist in opinion of


president

Qualified to be judge of HC i.e.


citizen of india & ..
Specified by Governor
11 Chairman & Members -National
Human Right Commission
President Recommendation from the 6
member committee -
Prime Minister (Head)
Speaker of the Lok Sabha
Deputy Chairman of the Rajya
Sabha

Leader of Opp in both houses


Central Home Minister
Further sitting judges of SC /
HC can be app after
consultaion with CJI.
Determined by Central Govt
(5 yrs or 70 age- can resign/
removed)
12 Chairman & Members - State
Human Right Commission
Governor Recommendation from the 6
member committee -
Chief Minister (Head)
Speaker of the Legislative
Assembly

Chairman of the Legislative


Council

Leader of Opp in both houses


State Home Minister
Further sitting judges of HC /
DC can be app after
consultaion with CJ of HC of
that state
(5 yrs or 70 age- can resign/
removed)
13 CVC - Chairman & Members President Recommendation from the 3
member committee -
Prime Minister (Head)
Union minister of Home affairs
Leader of opp in Lok Sabha
(4 yrs or 65 age- can resign/
removed)
Same as that of UPSC
14 CIC - Chief information
commissioner and max 10 IC
President They should not be MP, MLA
They should not hold any
other office of profit or
connected with any political
party or carrying on any
business or profession.

Recommendation from the 3


member committee -
Prime Minister (Chairperson)
Union cabinet minister
nominated by PM

Leader of opp in Lok Sabha


5 yrs or 65 age-not eligible for
reappointment - can resign/
removed.
Same as that of Election
Commissioner
15 SIC - Chief information
commissioner and max 10 IC
Governor They should not be MP, MLA
They should not hold any
other office of profit or
connected with any political
party or carrying on any
business or profession.

Recommendation from the 3


member committee -
Chief Minister (Chairperson)
State cabinet minister
nominated by CM

Leader of opp in LA
5 yrs or 65 age-not eligible for
reappointment - can resign/
removed.
Salary etc
Not a charge -subject to vote in Parlianment Charged on CFI
Admin exp of Election Commission Chairman & Members of UPSC
Articles and brief provisions Page 2
Procedure of Removal
Sl. No. Person Who can remove ? Condition
1 Chief Election Commissioner (CEC) Resolution in both houses of parliament
with special majority
Proved Misbehavior or Incapacity
2 Other / regional Election Commissioner On recommendation of CEC
3 UPSC & SPSC - chairman or any other
member
President General
Insolvent
Engages in paid employment
In opinion - unfit - due to infirmity (weak) of
mind or body.

Special - SC binding opinion - for misbehaviour


4 CAG Resolution in both houses of parliament
with special majority
Proved Misbehavior or Incapacity
5 Attorney General of India President
6 Advocate General of State Governor
7 National Human Right Commission -
Chairman & members
President General
Insolvent
Engages in paid employment
unfit - due to infirmity (weak) of mind or body.
Unsound mind declared by a competent court
Convicted and sentenced for an offence
Special - SC opinion - for proved misbehavior
or incapacity, president can remove
8 State Human Right Commission -
Chairman & members
President Same as above
9 CVC - Chairman or members President General
Insolvent
Engages in paid employment
unfit - due to infirmity (weak) of mind or body (in
opinion of president)

Acquired any financial or other interest as is


likely to prejudicially affect his official functions

Convicted of an offence which in the opinion of


CG involve moral turpitude

Special - SC opinion - for proved misbehavior


or incapacity, president can remove
10 CIC President Same as 9
11 SIC Governor Same as 9
Retiring person as below can accept further appointment in GOI
or GOS
Cannot accept
Election Commissioner Chairman of UPSC
Member of UPSC - only as chairman of UPSC or SPSC
Chairman of SPSC - only as member or chairman of UPSC or
chairman of any other SPSC

Member of SPSC - only as chairman or member or UPSC or


chairman of any SPSC.

CAG
Chairman or members of National & state Human Right Commission
Chairman or members of CVC
CAG
Salary and allowances of Lok sabha speaker or deputy speaker / RS
chairman or deputy chairman
Expenditure / allowances relating to President and his office
Salary / All / PENSION of SC Judges
PENSION of HC judges
Debt charges incl interest, redemption charges etc relating to loan of
GOI
Any other amt declared by parliament
Can take part in Parliament without right to vote
Articles and brief provisions Page 3
Can take part in Parliament without right to vote
Attorney General of India ( in both houses)
Composition
National Development Council Prime Minister
All Cabinet Ministers
CM of state / UT
Members of Planning Commission
National Human Right Commission Chairman - Retired Chief Justice of India
Serving or retired judge of SC
Serving or retired judge of HC
2 person having know/ exp in human rights
4 Members -
Chairman of National commission for Minorities, SC, ST, Women.
Four ex-officio members -
State Human Right Commission Chairman - Retired Chief Justice of High court
Serving or retired judge of HC or District Judge in the state having 7 yrs exp
1 person having know/ exp in human rights
2 Members -
CVC Chairman & max 2 commissioners
Articles and brief provisions Page 4
Importance of Booth level Officer (BLO) - introduced in 2007
Custodian of electoral roll - its preparation - removing the names of dead and shifted voters
To ensure door-to-door distribution of voter-identification slips to voters.
Delimitation Commission of India
Delimitation commission or Boundary commission of India is a Commission established by Government of India under the provisions of the
Delimitation Commission Act. The main task of the commission is to redraw the boundaries of the various assembly and Lok Sabha constituencies
based on a recent census.
The 84th amendment Act froze the re-adjustment of seats in the Lok Sabha to the states and the division of each state into territorial
constituencies till 2026 (to encourage population limiting measures). However, the 87th amendment Act, 2003 provided for delimitation of
constituencies on basis of 2001 census without altering the number of seats allotted to each state in the Lok Sabha.
The number of SC and ST seats in a state are changed in accordance with the census of 2001. (CEC is member of commission)
Proportionality jurisprudence
Derived from courts in North America and Europe, proportionality jurisprudence calls on a court to decide whether the government used the
least injurious means available to it while depriving a person of his fundamental rights.
Misinterpreting the proportionality doctrine in the Comedy Central case (TV Programme 10 day ban by govt), the Delhi High Court worryingly held
that it would only find government censorship disproportionate if it shocks the conscience of the court. This is highly problematic after all,
fundamental rights will become exceedingly hard to enforce if every government action must go to the unthinkable extreme of shocking the
conscience of the court in order for it to be held illegal.
Quasi Judicial Body
Aquasi-judicial body is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and
procedures resembling those of a court of lawor judge, and which is obligated to objectively determine facts and draw conclusions from them so
as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and may affect the legal rights,
duties or privileges of specific parties.
Serious Fraud Investigation Office (SFIO) - so far non-statutory body - CHIT fund ghotala by sharda group in Bengal
The SFIO was established in 2003, as a body of the Ministry of Corporate Affairs, on the basis of the recommendations in the Naresh Chandra
Committee Report on Corporate Audit and Governance.

It is a multi-disciplinary team that not only uncovers the fraud, but is able to direct and supervise prosecutions under various economic legislations
through appropriate agencies.

As per its charter, the SFIO is to investigate those cases that are complex in nature and involve inter-departmental and multi-disciplinary
ramifications. Accordingly, the staff of the SFIO includes experts in varied fields such as accountancy, forensic auditing, investigation, law, taxation,
information technology, capital markets and financial transactions.

Among the high profile cases investigated by the SFIO, the Satyam scandal is perhaps the most notorious. The SFIO has also probed the alleged
Rs.870 crore fraud in Reebok India. It has also spearheaded the investigation into Sesa Goas alleged over and under invoicing of exports and
imports worth over Rs.1,000 crore.

Shortcomings Its powers are largely restricted to examination of documents and it does not have the powers of search, seizure and arrest. The
SFIO also operates within an elaborate matrix of investigating bodies with overlapping authority over such cases; the CBI, the Central Economic
Intelligence Bureau, the Reserve Bank of India and the Securities and Exchange Board of India (SEBI) being some of the other bodies which have
also been granted investigative roles and powers.

Under the Companies Bill


In The Companies Bill 2012, SFIO will be a statutory body with the ability to initiate prosecution when directed by the Central government. The
investigation report filed by the SFIO with the criminal court, for framing of charges, will be deemed to be a report filed by the police under the
Code of Criminal Procedure. This measure will avoid duplication of duties and delay. The director of the SFIO will have the power to arrest persons
if he has reason to believe that such persons are guilty of certain offences, including fraud under the Companies Bill.

An investigator of the SFIO will have the powers vested in a civil court under the Code of Civil Procedure with respect to discovery and production
of books of accounts and other documents, the inspection of books, registers and other documents and the summoning of and enforcing of
attendance of persons.

Significantly, the Bill attempts to pre-empt the confusion caused by multiple agencies investigating the same case. Where a case has been
assigned to the SFIO, no other investigating agency of the Central or the State government is to proceed with investigation. Further, any other
investigating agency, State government, police or income tax authority having information or documents with respect to an offence being
investigated by the SFIO is required to make such documents available to the SFIO.

Absolute v/s Ordinary majority v/s Special majority


Ordinary : majority of the members present and voting in the house
Absolute : majority of the total members of the house
Special : majority of the total members of the house & not less than 2/3rd members present & voting
Exclusive original jurisdiction of SC
Other concepts
28 May 2013
22:25
Articles and brief provisions Page 1
Exclusive original jurisdiction of SC
Exclusive : no other court can decide such dispute
On a question of law or FACT on which legal right depend and thus political rights are excluded
Dispute only involving state and centre
Exception : pg 23.6
Original : the power to hear such appeal on first instance and not by way of appeal
Indian order of precedence
The Order of precedence of the Republic of India is the protocol list (hierarchy of important positions) in which the functionaries and officials are
listed according to their rank and office in the Government of India. The order is established by the President of India, and is maintained by
the Ministry of Home Affairs. It is only used to indicate ceremonial protocol and has no legal standing; it does not reflect the Indian presidential
line of succession or the co-equal status of the separation of powers under the Constitution. It is also not applicable to day to day functioning of
Government of India.
http://en.wikipedia.org/wiki/Indian_order_of_precedence
table_of_...
Due process of law v/s Procedure established by law
In India there exist a synthesis of American principle of Judicial supremacy and the British principle of parliamentary supremacy.
Due process : American SC can declare law violative of rights VOID not only on substantial grounds of being unlawful but also on procedural
grounds of being unreasonable.
Procedure. : Our SC examine only substantive question . .it does not determine its reasonableness, suitability or policy implication.
Major Differences between First Appeal and Second Appeal
First Appeal:
1. The First Appeal can be admitted on the grounds (1) question of fact; and also (2) question of law.
2. The First Appeal can be entertained by subordinate Courts to District Judges Court and to High Courts. Example: An appeal from the District Munsiff
Magistrate s Court or Subordinate Judges Court to the District Judge.
Second Appeal (case heard already by 2 subordinate court) :
1. The Second Appeal can be admitted only on the point of substantial question of law.
2. The Second Appeal can only be entertained by the High Court.
Articles and brief provisions Page 2
Dadra and Nagar Haveli Portuguese
Goa Portuguese
Daman & Diu Portuguese
Puducherry French

Maharashtra
Goa
Gujarat
Andhra Pradesh
NE states i.e. Arunachal Pradesh, Assam , Meghalaya, Manipur, Mizoram, Nagaland, Sikkim
Special provisions are there for :
Parliament Power to reorganize state :
Not an amendment under Article 368
Article 2 or 3 does not provide power to cede part of territory to a foreign country - SC. Pass amendment under Article 368.
Settlement of Boundary Dispute - NO constitution amendment reqd. Do by executive action - SC
Procedure
Prior recommendation of President.
Before recommending, refer same to SL for its view within specified period. Views are non -binding.
Bill introduce in Parliament - pass by ordinary majority.
Union and its territories
04 Jul y 2013
21:32
Articles and brief provisions Page 1
42nd 1976 Transferred 5 subjects from state list to Concurrent List - (a) Education, (b) Forests, Weights and measures,
(d) Protection of wild animals and birds, (e) Administration of Justice.
1.
Amendment to Preamble 2.
61st 1988 Voting Age reduced from 21 yrs to 18 yrs 1.
76th 1994 Tamil Nadu Reservation Act in 9th schedule - to protect form judicial review. 1.
77th 1995 Reservation in promotion 1.
81st 2000 Backlog vacancies 1.
85th 2001 Reservation in promotion - CONSEQUENTIAL SENIORITY 1.
86th 2002 Right to education
93rd 2005 State empowered to make provision for reservation of OBC/ SC/ ST in educational inst. 1.
Amendments
26 March 2013
19:23
Articles and brief provisions Page 1

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