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03 July 2013
22:04
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)
Composition :
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.
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
450
24
12
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)
Fundamental Rights Part- III, Article 12-35, Derived from USA (Bill
of Rights) - EF ER CCR
24 March 2013
17:23
Features
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.
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 review i.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
Article
Provision
14
Exceptions / Remarks
15
Both
Abolition of Untouchability
(Madras HC- This article refers to
the social disabilities imposed on
certain classes of persons by
Both
Right to
Freedom
Right against
exploitation
19-22
23-24
Right to
freedom of
religion
25-28
Cultural and
educational
rights
29-30
Right to
Property
31
Right to
Constitutional
Remedies
32
18
Abolition of Titles
19
Both
20
Protection in Respect of Conviction for An Offence only for conviction & not against trials
Both
21
Both
21A
22
Both
23
Both
24
Both
Deleted by C.A. 44th in 1978 - made a right under Article 300-A in part XII.
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,
a. 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.
b. 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:
Compelling reasons;
Backwardness;
Inadequate representation in the services.
c. The court has also laid down the following conditions:
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.
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..
Security of
the state
Decency or
morality
Contempt
of court
Speech &
expression
Assembly
Association Y
Movement
Residence
Profession
Centre-State Relations
24 June 2013
15:01
Legislative Relations
1. Territorial Extent of legislation 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.
2. Legislative Subjects
42nd amendment - 5 subjects t/f from state list to concurrent list Education
Forests
Protection of wild animals and birds
Weight and measures
Administration of justice; constitution and organisation of all courts except HC & SC
In case of overlapping :
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.
3. Parliament legislation in state field
RS passes resolution by 2/3rd majority of members present & voting Law become inoperative on expiry of 6 mnths after resolution
that it is in national interest. Such resolution validity is 1 yr , renew it ceases. State can also frame law but union law will prevail in
any no of times for 1 yr.
case of inconsistency.
National Emergency
MLA of 2 or more state make request, then union law will apply to
these states only. Other states may later adopt.
Administrative Relations
The executive power of the state is to be exercised in such a way :
a. As to ensure compliance with the laws made by the parliament
b. As not to impede or prejudice the exercise of executive power of the centre in the state.
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
With Consent
By Governor
With Consent
By Governor
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
Stamp Duty
Union
Ex duty on medicinal & toilet prep
State
Service tax
Union
State
CST
Union
State
Other
Centre Centre
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.
Bill imposing or varying tax in which state are interested (i.e. jis tax ka paisa state ko milta hai)
Bill which vary the meaning of Agricultural Income for IT purpose
Bill which affect principle on which money are distributable to states
Bill imposing surcharge on any specified tax for the purpose of Centre.
Borrowing Powers
a.
Taken
by
From whom
Limit
Security
Nature
CG
Security : CFI
SG
Security : CF of
state
SG
CG
Charged to CFI
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.
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 .
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.
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
Articles
26 March 2013
12:54
Part
Title
Article
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
Article 275
Article 282
To states :
1. To help states to achieve their plan targets
a. Which are in need of financial assistance (General)
2. To influence state action to effectuate the national plan.
b. For promoting the welfare of scheduled tribes in a state
c. For raising the level of administration of the scheduled
area in a state incl Assam.
Planning Commission
Borrowing 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.
powers
Giving of Centre : Yes
State : With consent of centre, if there is o/s any loan/ guarantee made to the state by the centre
loan or
guarantees
to state
Effect of
1. National emergency : President can modify pattern of distribution of revenue between centre and states
emergency 2. Financial emergency : Centre can instruct : a. to reserve all money and other financial bill of consideration of president.
XX
Amendment of the
Constitution
368
Amendment of the Constitution ( Certain other provisions also provides 1. Introduce Bill in either house of Parliament by a Minister / Pvt.
for amendment but they are not covered u/a 368 - thus only simple
Member.
2. Prior permission of President is not required
majority is reqd in those cases)
3. Special Majority required i.e. >50% of total member (irrespective
of vacancies or absentees) AND >2/3 of members present and
voting.
4. Must be passed in BOTH house separately. No provision of joint
sitting.
5. President assent - President MUST give assent (only option for
him).
a. 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)
Executives
15 June 2013
23:05
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.
Personal Acts : (Same for Governor)
Immune from CRIMINAL proceedings. Cannot be arrested or imprisoned
CIVIL proceedings : give advance 2 months notice
Impeachment : Impeachment Bill to be passed by 2/3rd majority in both houses or parliament
Office VACANT due to death, resign, impeachment, election void etc :
Conduct election in 6 months
Acting President : VP --> CJI --> Seniormost judge of SC
Can make regulation for the peace, progress and good government of A & N islands, Lakshadweep , Dadra and nagar Haveli , Dama n and diu.
Also for Puducheery when assembly is suspended or dissolved. Not for Delhi & Chandigarh.
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 :
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 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 counc il 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
1. VETO POWER (No VETO power in respect of Constitution Amendment Bills)
Absolute VETO : w/h his assent to a bill passed by the parliament (i.e. reject)
Suspensive VETO : Return a bill for re-consideration.
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.
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).
2. Ordinance making power - Conditions :
3. Pardoning power :
a. 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.
b. Commutation : Substitution of one form with a lighter form
c. Remission : reducing the period of sentence without changing its character
d. Respite : awarding a lesser sentence due to some special fact e.g. physical disability
e. Reprieve : stay on execution for a temporary period
4. Nomination power :
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
Governor
The Governor can :
He can at time act in his own discretion while a president CANNOT. The decision of the Governor regarding whether a matter fa lls 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) :
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
Ministerial advise are not binding on the governor but are binding on the President.
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.
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
President
Governor
VP
President
PM
President
CM
Governor
Council of Ministers
President
Council of Ministers
President
MP
President
SC judge
President
10
HC Judge
Governor
11
Governor
12
MLA
Governor
Mode of Appointment
Sl. No. Person
Who appoints ?
Qualification
President
Electoral College
Governor
Vice President
Electoral College
Prime Minister
President
Chief Minister
Governor
Same
Same
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
State Council of
Ministers
Governor
On advise of CM
Salary / allowances determined by MLA
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
Procedure of Removal
Sl. No. Person
1. President
(process
known as
Condition
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.
VP
PM
President when he loses the confidence of the Lok sabha - he must resign or
the president can dismiss him
Any Minister
President on advise of PM
Lok Sabha
MP - by resolution passed by a ABSOLUTE majority of all the members of LS Speaker / Deputy advance 14 days notice. During this process, he cannot preside the house.
Speaker of LS/ RS Motion to be supported by at least 50 members.
/ LA / LC
Chairman of RS
Remove him as VP
No grounds specified
Judiciary
15 June 2013
21:53
Particulars
Supreme Court
High Court
Organization
1 CJ + 30 Judges
Appointment
Chief Justice
(THIRD JUDGE CASE : CJI should consult four seniormost judges (THIRD JUDGE CASE : CJI should consult two very senior judges of
of the SC)
the SC)
Qualification of Judge
Tenure of Judges
Removal of Judge
SAME procedure
Salaries etc
Adhoc / Additional / Acting ADHOC JUDGE : When there is lack of quorum of the Judges of
Judge
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
SAME
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
Condition
Condition
Expenses charged
Conduct of judges
Yes
YES
Writ jurisdiction
Civil matters
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
If the HC :
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
Certifies it for SC
Contempt of Court
Other power
Advocates
Jurisdiction
Special Powers
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 de em 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 sa id "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
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 judg e 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 .
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.
Opinion given by SC is advisory in nature and not a judicial pronouncement and hence not binding on president
Legislatures
16 June 2013
21:18
Particulars
Rajya Sabha
Lok Sabha
Composition
Allocation
Election
By direct election
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.
Term of office
6 years
Qualification
Quorum
Disqualification
Sl. No. Person Who can remove ?
Condition
MP
MP
MLA
Speaker / Chairman of LA / LC
MLA
Justiciable
Justiciable
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.
Decision by Lok Sabha speaker / Rajya Sabha Chairman - subject to judicial review
Vacation of office
Double membership :
a) If elected to both house simultaneously, choose 1 in 10 days. If not - vacate rajya sabha seat
b) MP elected to another house --> seat in first house vacant
c) If elected to 2 seat in a house, exercise option --> else both seat will get vacant.
d) If MLA become MP, resign as MLA within 14 days --> seat of MP gets vacant
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.
Other cases :
a) 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)
b) Expelled from house
c) Elected as P / VP /governor
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
Adjournment sine die : terminating without naming a day for reassembly (i.e. for an indefinite period)
Power of both is with presiding officer of house. He can also recall house at any time (even before specified time)
Prorogation :
Adjournment
Prorogation
It terminates a SITTING
It terminates a SESSION
By Presiding officer
By president
By Presiding officer
By president
Dissolution : All pending (before LS or its committee) bills , motions, resolutions, notices, petition and so on lapses
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.
3 types :
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.
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
Max 2 hours
Max 2 days in a week
Private Bill
Ordinary Bills
Money Bills (matters specified in Article Financial Bills I (Article 117 (1))
110) -part of Financial bill
General
Either in LS or RS
Only in LS
Only in LS
Either in LS or RS
By a minister
By a minister
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.
it results in deadlock
President - Assent / reject/
reconsideration
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.
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.
Creation of legislative council :
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.
Particulars
LA
LC
Composition
Indirectly elected.
Max = 1/3rd of total strength of LA
Direct Election
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.
Qualification
Quorum
Passing of Bills
If bill has originated in LC and rejected by LA, the bill end and
becomes dead.
If the :
Assembly rejects amendment suggested by LC
LC reject the bill
LC does not take action for 3 months
The assembly may pass the bill again and send it to LC. If the LC :
Passes with amendment not acceptable to LA
LC reject the bill
LC does not take action for 1 months
Then the bill is deemed to be passed by both houses.
Joint Sitting
Reconsideration
NOT REQD
Sent by Governor
Sent by President
08 May 2013
22:03
Constitutional Bodies
Statutory Body
Executive Resolution
Planning Commission
UPSC (315-323)
CVC
Mode of Appointment
Sl. No. Person
Who appoints ?
Qualification
President
Nil
Regional Commissioner
Nil
President
JSPSC
Specified by parliament.
President
President
CAG
President
President
Governor
11
President
Governor
President
14
President
Governor
Salary etc
Not a charge -subject to vote in Parlianment
Charged on CFI
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
Procedure of Removal
Sl. No. Person
Condition
On recommendation of CEC
President
General
Insolvent
Engages in paid employment
In opinion - unfit - due to infirmity (weak) of
mind or body.
Special - SC binding opinion - for misbehaviour
CAG
President
Governor
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
President
Same as above
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
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
Composition
National Development Council
Prime Minister
All Cabinet Ministers
CM of state / UT
Members of Planning Commission
CVC
Other concepts
28 May 2013
22:25
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.
table_of_...
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.
Goa
Portuguese
Portuguese
Puducherry
French
Amendments
26 March 2013
19:23
42nd
1976
1. 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.
2. Amendment to Preamble
61st
1988
76th
1994
1. Tamil Nadu Reservation Act in 9th schedule - to protect form judicial review.
77th
1995
1. Reservation in promotion
81st
2000
1. Backlog vacancies
85th
2001
86th
2002
Right to education
93rd
2005
1. State empowered to make provision for reservation of OBC/ SC/ ST in educational inst.