CONSTITUTIONAL LAW

 Constitution of India – contains the principles to be followed by the state in the

governance of the country

 India – federal constitution

 Constitution of India – longest in world

395 articles
22 parts
12 schedules
101 amendments – till 2016

 BR Ambedkar – architect of the Indian constitution

 Indian Independence Act, 1947

 Drafting committee of Constituent Assembly – 29 August , 1947

 Adoption and Finalization of constitution – 26 November, 1947
 Came into force – 26 January, 1950

 26 January 1950 – Purna Swaraj declaraction

 Constitution of India replaced – Government of India Act, 1935

 Socialist & Secular (added) – 42nd Amendment (1976)

 42nd Amendment a.k.a. Mini Constitution

 Constitution of India follows – Parliamentary system of government

i.e. Executive is directly accountable to legislature

 Article 74 – There shall be a Prime Minister

 Article 52 – There shall be a President
 Article 63 – There shall be a Vice-President
 Article 32 – Supreme Court
 Article 226 – High Court

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 73rd Amendment – Panchayti Raj in Rural Areas
 74th Amendment – Municipality in Urban Areas
 Article 370 – J&K

Note: Abolition of Double Government – After 1857 revolt, British Crown took control of
India from British East India Company

 Indian Councils Act, 1861 – Restored legislative power taken away by Charter Act, 1833

 Indian Councils Act, 1909

Known as - Morley Minto Reforms

Allowed elections for Indians
Separate electorate for Muslims

 Government of India Act, 1919

After World War I - British Government opened doors for Indians

Introduction of Diarchy and Bicameralism

 Government of India Act, 1936

Separation of powers between Centre and States

 Indian Independence Act, 1947

Partition of India & Pakistan

 Chairman of Drafting Committee – BR Ambedkar

 BN Rau – 1st Indian Judge in International Court of Justice

 Chairman of Constituent Assembly – Rajendra Prasad

 Temporary Chairman (Provisional Chairman) – Sachidanand Sinha

 Deputy Chairman – Frank Anthony

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 Sources of Constitution

 USA

- Independence of Judiciary
- Supreme Court
- Powers of President
- Vice President as ex-officio chairman of Rajya Sabha
- President & Vice President
- Preamble
- Fundamental Rights

 Russia - Fundamental Duties

 France - Ideals of Liberty, Equality and Fraternity

 Ireland - Directive Principles

Method of Election of President

 Electoral College
 Nomination of Members of Rajya Sabha by President

Independent India

 1st Governor General – Lord Mountbatten

 1st Indian Governor General – Rajagopalchari
 1st President – Dr. Rajendra Prasad
 1st Law Minister – BR Ambedkar
 1st Prime Minister – Jawahar Lal Nehru

Federal – Central Government and State Government

Note: Dual Citizenship – not allowed in India

– allowed in USA

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 Sources of Consititution of India

 Parliamentary System of Government – from UK

 Rule of Law – from UK
 Writs – from UK
 Federalism (Centre and State) – from Canada
 Advisory Jurisdiction – from Canada
 Concurrent List – from Australia
 Joint Session – from Australia
 Amendment of Constitution – from South Africa
 Emergency Provisions – from Germany
 Judiciary and Supreme Court – from USA

Schedules

1st Schedule – Territories of India i.e. any change to their borders and laws used to make
that change

2nd Schedule – Salaries of officials holding public offices i.e. Salaries of Judges, CAG,
etc.

3rd Schedule – Oaths

4th Schedule – Allocation of seats in Rajya Sabha

5th Schedule – Scheduled Areas and Scheduled Tribes

6th Schedule – Tribal Areas i.e. Assam, Meghalaya, Tripura, Mizoram

7th Schedule – Union, State and Concurrent List

8th Schedule – Official Languages

9th Schedule – Certain Acts & Regulations

10th Schedule – Anti Defection of MP’S

11th Schedule – Panchayats i.e. Rural Areas

12th Schedule – Municipalities i.e. Urban Areas

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 Article 368 – Amendment to Constitution

 Kesavananda Bharti vs. State of Kerala (1973) – Basic structure of constitution cannot be
changed

 42nd Amendment – 1976

Socialist and Secular added to Constitution

Mini Constitution
Swaran Singh Committee

 Union Executive – President, Vice President, Council of Ministers

 Article 74 – President acts on aid and advise of Council of Ministers including PM

 President – Eligibility:

35 years of age (minimum)

No office of Profit

Note: Vice President, Governor or Minister can fight for Presidential elections without
leaving their current post

 Term of President – 5 years

 Resignation of President – To Vice President and Vice President tells this to Speaker of
Lok Sabha

 Article 52 – There shall be President of India

 Power to enter into International Treaties and Agreement – Parliament

 Article 60 – Oath of President

By CJI or senior-most SC Judge

 Oath of President – To Preserve, Protect and Defend the Constitution

 Election of President – By Electoral College

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 Electoral College

 MP of LS and RS
 MLA of States and UT

Rajendra Prasad – 1st President

Won presidential election in 1952 and 1957 (longest term as president)

Zakir Hussain (3rd President) – Died in between

VV Giri (Vice President) – Acted as President

Note: Vice President – acts as President in absence of President

VV Giri – Resigned from Vice President

VV Giri – Only President to win elections as an independent candidate

Neelam Sanjeeva Reddy – Only President as unopposed candidate

 If no President – then VP as President

 If no VP – then CJI as President
 If no CJI – the senior most Supreme Court Judge as President

 Article 71 (1) – Supreme Court decision is final on disputes of election of President and
Vice President

 Executive Head and Executive Power – President

 Executive Power – Power remaining after deduction of Legislative and Judicial function

 Executive Powers of President:

Military Power
Supervisory Power
Financial Power
Administrative Power
Appointment Power
Emergency Power

Note: President enjoys powers on consultation with Parliament

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 Council of Ministers – Appointed by President with advice of PM
 President can remove – Council of Ministers, Governor, Attorney General
 Formal Head of Administration – President
 Executive action of Union in the name of – President
 Real Head of Administration – PM

Note: President – kind of Boss or Chairman of company

PM – kind of leader like CEO of company

CEO performs all functions in name of Chairman

i.e. PM performs all functions in name of President

 Disqualification or Removal of Ministers – only by President

 People who give resignation to President:

Vice President
Judge of SC and HC
CAG
UPSC Chairman
Election Commissioner

 Financial Statement is laid before both houses of Parliament by the President

 Administrative power of President:

Note: President is not the real head of administration but all officers of union shall
inform about affairs of union to the President

Official language of Administration

Administration of supply of water between two or more states
Power to sign contract on behalf of Union
Administration of Union-Territories
Reports and Statements are laid before Parliament by President

Note: Solicitor General – not appointed by President

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 Appointment by President with consultation with Council of Ministers:

PM
CJI
Judges of SC and HC
Attorney General
Chief Election commissioner
Chairman of UPSC
Chairman of Finance Commission

Solicitor General – not appointed by President

Solicitor General – appointed by Central Government

 Appointment by President – Extra Constitutional posts:

Vice Chancellor of Central University

Ambassador and High Commissioner (from names given by PM)
Central Vigilance Commissioner
Chairperson of NHRC
Member of Lokpal

 Diplomatic Power of President

President represents India in International Affairs

Power to sign Treaties with Foreign States (but, recognized by Parliament)

 Chief Election Commission

Function – Conduct free and fair elections

Term – 6 years or 65 years of age (maximum)
Resignation to – President
Oath – No

 UPSC Chairman

Function – Conduct exams and appointment of services

Appointed by – President
Term – 6 years or 65 years of age (maximum)
Salaray – Rs. 90,000
Oath – No
Resignation to – President

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 CAG

Function - To audit all expenditures from Consolidated Fund of India

Appointed by – President
Term – 6 years or 65 years of age (maximum)
Salaray – Rs. 90,000
Oath to – President
Resignation to – President

Note: Can’t hold any government post after retirement

 Emergency powers of President:

Articles – 352, 356, 360

Note: President can declare an emergency

 Article 352 – National Emergency

 Emergency declared by President – Emergency has to be passed by each house with

majority of total membership and not less than 2/3rd of majority of members present and
voting in each house within 1 month after proclamation

 Whole cabinet must agree to emergency and not only PM

 Proclamation of Emergency is revoked when – not less than 1/10th of total members of
Lok Sabha have given their intention to disapprove emergency

1. 1962 – China attacked India

2. 1971 – India Pakistan war
3. 1975 – Internal disturbances

 Article – 20 and 21 are not suspended during even emergency (Right to Life)

 Article 256 – State Emergency

President’s Rule

Note: President’s Rule – when state government cannot run the state then President’s
Rule is imposed

State Emergency – has to approved by both houses within 2 months

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 Article 360 – Financial Emergency

When a situation of financial stability occurs the financial emergency is imposed

Note: In India – Financial Emergency has never been imposed

During Financial Emergency – President can reduce salaries of Judges, Government

Employees, etc.

 Emergencies – 3

1. Article 352 – National Emergency (War or Political Instability)

2. Article 356 – State Emergency (President’s Rule)
3. Article 360 – Financial Emergency (Financial Instability)

 Legislative Powers of President

Summon both houses of Parliament

Power to dissolve Lok Sabha

Nominate 2 members to LS and 12 members to RS

Call joint-session of both houses of Parliament to resolve a deadlock

Sign bills passed by Parliament

Ordinance Power – Article 123

Ordinance – when either house is not in session

Note: Maximum gap between 2 sessions – 6 months

 Maximum life of Ordinance – 6 months and 6 weeks i.e. 7 ½ months

 When President sends back the bill for reconsideration then next time President has to
sign it whether the Parliament have made changes or not

s
 National Bills – Assent by President
 State Bills – Assent by Governor
 Constitution Amendment Bills - President has to pass it in 1st time only
 Money Bill – Can’t be sent back by President to the Parliament for reconsideration

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 Bills that require recommendation of President before introduction in Parliament:

Bill to change name and boundary of a state

Money Bill

 Pocket Veto

When the President neither sign nor return the Bill

Note: Pocket Veto – only applicable to Ordinary Bills

 Judicial powers of President

Disqualification of MP
Power to grant Pardon (Pardon – to remove punishment)
Reprieve – Temporary suspension of punishment
Commutation – Changing of punishment
Remission – Reduce punishment
Power of Judicial Review

 Impeachment of President

Voting for removal done by MP by not less than 2/3rd of total membership of each house

 Privileges of President and Governor

Not answerable to any court

Not answerable to any court for exercise and performance of any power and duty
No criminal proceedings
No arrest or imprisonment during their term in office

Note: Civil Proceedings – may take place against President and Governor

 Disputes related to election of President and Vice President

Decided by Supreme Court

 Prime Minister – Selected by President from the Majority Party

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 De Jure – In accordance with law
 De Facto – In fact

 De Jure (In accordance with law) – President has power to dismiss Ministers
 De Facto (In fact) – Power of dismissing ministers actually lies in hand of Prime Minister

Note: Ministers hold office during the pleasure of President

 Article 74 – President on aid and advise of Council of Ministers

 Ministers – not more than 15% of total members of LS

 Minister – has to become member of either house within 6 months

 Salaries of Ministers – 2nd Schedule

 Attorney General

1st Law Officer of Government

Hold office during pleasure of President

 CAG

Controls entire financial system of Union and States

Removal – address by both houses of Parliament on ground of proved misbehavior or

incapacity

Note: Qualification of CAG and Attorney General – same as of Judge of SC

 Union Executive – President, PM, Council of Ministers

 State Executive – Governor, CM, State Ministers

 Governor

Head of State Executive

Note: Amendment (1956) – Governor can be of two or more states

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 Governor

Appointed by President
35 years of age (minimum)
No office of profit
5 years term

 Powers of Governor

Executive action in name of Governor

CM is appointed by Governor
Other Ministers in State are appointed by Governor on advise of CM

Note: CM and other Ministers hold office during the Pleasure of Governor

 Advocate General

1st Law Officer of State

Appointed by Governor

 State Election Commissioner – Appointed by Governor

 Governor – Chancellor in Universities in States

 Vice-Chancellor – Appointed by Governor

 District Court Judge’s Promotions – Done by Governor

Note: Governor can dissolve Legislative Assembly

 Advise given to Governor by Ministers cannot be inquired into court but basis on which
advice given to Governor by Ministers can be reviewed by Judiciary

 Attorney General and Chief Election Commissioner

Appointed by – President

 Advocate General and State Election Commissioner

Appointed by – Governor

 Legislative Powers of Governor – same as that of Legislative Powers of President

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 Governor – State Legislature
 President – Parliament

 Just like President address 1st Session of Parliament – Governor also address 1st session
of State Legislative Assembly

 Governor – Elects 1 member from Anglo-Indian community to State Legislature

 Governor has to sign the Bill for sure the 2nd time after State Legislature sends again after
reconsiderations with or without changes

 Governor can reserve the Bill for consideration of President for important matters of Bill

 Article 213 – Ordinance by Governor

 Disqualification of members of State Legislature

Governor decides on consultation of Election Commissioner

 Governor lay down reports and statements before State Legislature

 Consolidated Fund of India – President (Union)

 Contingency Fund of State – Governor (State)

 Comptroller and Auditor General – Union (by President)

 State Auditor General – State (by Governor)

 Judicial Power of Governor

President consult Governor on appointment of Chief Justice of High Court of States

 Rajya Sabha – Members elected by MLA of States

 Lok Sabha – Members elected by people of India through voting i.e. general election

 Lok Sabha (seats)

Total – 552
States – 530
UT’s – 20
Anglo Indian (by President) – 2

 Rajya Sabha (seats)

Total – 250
States and UT’s – 238
Literature, Science, Art, Social Service (by President) – 12

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 Functions of Parliament

─ To make Laws
─ Financial control on Expenditure, Revenue, Taxes

 RS minimum age – 35 years

 LS minimum age – 25 years

 Disqualification of MP

Not a Citizen of India

Unsound Mind
Office of Profit

Note: Disqualification of MP - For 6 years plus punishment (of more than 2 years)

Punishment – 2 years
Disqualification (6+2) i.e. 8 years

 Decision taken by President is final on Disqualification of MP

 Disqualification of MP

Note: 10th Schedule – Grounds of Defection

If candidate joins another political party

If candidate backstabs his own political party
If independent candidate after winning elections joins any other political party
If nominated member of RS joins political party after 6 months of becoming member

Note: If 2/3rd of members of political party join another political party or form a new
party – then those members are not disqualified on defection

 Under 1st Schedule - Decision on ‘Disqualification Grounds of Defection’ by

Speaker of Lok Sabha or Chairman of Rajya Sabha is final

 If disqualified person is elected – High Court can declare election void and also an
election petition can be filed in the court by disqualified candidate

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 Rajya Sabha

No dissolution
Permanent body
1/3rd of its members retire after every 2 years

 Lok Sabha

Can be dissolved by President

5 years term
Can be extended during emergency

 3 Sessions

Budget Session – February to May

Monsoon Session – July to August
Winter Session – November to December

Note: gap between 2 sessions – maximum 6 months

 President:

─ Summon either house

─ Prorogue either house
─ Dissolve House of People (LS)

 Termination of house

Dissolution i.e. end of term

Prorogation i.e. to terminate the session

(done by President)

Adjournment i.e. to postpone the session to next date

(done by speaker of LS or Chairman of RS)

 Speaker of Lok Sabha

Can only vote to break the tie

 Deputy Speaker of Lok Sabha

Acts in absence of Speaker

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 Chairman of Rajya Sabha

Ex Officio – Vice President

 Deputy Chairman of Rajya Sabha

When Vice President (Chairman) is absent or acting as President

 Power, Privilege and Immunity of Members of Parliament and State Assembly

- Freedom of speech in Parliament

- No court proceedings against whatever said in Parliament
- No action against any member who does any act or vote in favour of anyone
under rules and regulations of Parliament

 Bill

1st Reading – Introduction of bill in LS or RS by Minister or Member

Government Bill – Introduced by Minister
Private Member Bill – Introduced by Member

Standing Committee (Permanent Committee) refer the bill for examination

2nd Reading – Consideration of bill (clause by clause)

(by – Select/Joint Committee)

3rd Reading – Agreements in support or rejection of bill

Bill – passed or not

Then, Bill goes to other house for same procedure

If no action on bill by either house for 6 months – President takes action

Note: President Abdul Kalam returned – Prevention of Disqualification Bill

Note: Amendment Bill, 2006 to Parliament with extra-points for reconsideration

Bill was passed again in parliament by majority and resent to President and finally
President gave his assent and signed the bill and the bill was passed

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 Joint Session for Bill

Because of disagreement between houses

If bill is reverted by either house
Either house has not passed the bill and time has elapsed more than 6 months

 Speaker of Lok Sabha – Officer of Joint Session

 Constitution Amendment Bill – No Joint Session

 1st Joint Session – Dowry Prohibition Bill, 1961

 Money Bill

Can be introduced in only Lok Sabha first

Regulation of Tax and borrowing of money by Government
Expenditure from Consolidated Fund of India

Note: Question on whether a bill is a money bill or not – decision of Speaker of Lok
Sabha is final

 Finance Bill

Money Bill + Other Matters = Finance Bill

Can be introduced in only Lok Sabha first

Note: Money Bill or Finance Bill – can’t be introduced in Rajya Sabha first

Introduced in LS only after recommendation of President

- After LS passes the money bill then it goes to RS for recommendation

- Bill is still passed whether LS accepts recommendations of RS or not
- If RS does not return back the bill even then the money bill is passed

Note: LS has more power on money bill than RS

 President – Presents annual financial statement before both houses of Parliament

 Budget is presented by – Finance Minister to Lok Sabha and then before Rajya Sabha

Note: Expenditure ‘charged’ on Consolidated Fund of India – no vote of Parliament is

required

Note: Other Expenditures – require vote of Parliament (Lok Sabha) for Consolidated
Fund of India

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 Consolidated Fund of India

Revenues by government
Loans raised by government
Money received by government

Note: no amendment for any bill regarding Consolidated Fund of India

 1st General Election – 1951

 1st Lok Sabha – 1952
 1st Speaker of LS – Mavalankar
 1st Deputy Speaker of LS – Ayyangar
 16th Speaker of LS – Sumitra Mahajan

 Protem Speaker – When seat of Speaker and Deputy Speaker is vacant

Protem Speaker – Member of LS appointed by President

 Lok Sabha – 5 year

Note: extended 1 year at a time (infinite time until emergency)

 Quorum of LS – 1/10th (minimum) of total members to be present to conduct meeting

 Joint Session:

1. 1961 – Dowry Prohibition Bill

2. 1978 – Banking Service Commission Bill
3. 2002 – Prevention of Terrorism Bill

 Adjournment – Postpone the session for next date

 Sine Die – Postpone the session without next date
 Prorogation – Termination of session by President

Note: Prorogation may take place any time even during the session

 Dissolution – End of life of Lok Sabha

Note: After the Dissolution new-members of Lok Sabha are elected

Note: Dissolution can be done by President or on expiration of term after 5 years

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 Question Hour

11-12 PM
Asking and Answering the questions

Note: no Question Hour – during 1st Session of Lok Sabha

 President addresses both the houses during:

General Budget presented

Saturday/Sunday or Holiday

 Parliamentary Question

Asked by member of LS from concerned minister on matter of urgent public importance

Question asked to seek information on urgent matter

 Calling Attention

Done by a member to call attention of minister on matter of urgent public importance

Done with permission of Speaker of Lok Sabha

 Motion

Formal proposal made by member to house for purpose of decision of house on a matter

 Adjournment Motion

To adjourn current business of house to discuss a matter of urgent public importance

 No Confidence Motion

Government must always enjoy majority support in LS to remain in power

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 Zero hour

After the Question Hour

Start of Business – around 12 PM after Question Hour

 Starred Question

Oral answer desired by member for starred question

Starred question is denoted by – asterisk (*)

 Unstarred Question

Written answer required

Question without – asterisk (*)

 Breach of Privilege

When individual or authority attack or disgrace any member of the house

Note: Breach of Privilege is an offence

 Parliamentary Committees

To do work for the Parliament

1. Ad-Hoc Committees

For specific purpose

 Select Committee – for one house

 Joint Committee – for both houses

2. Standing Committee

Permanent Committee

 Business Advisory Committee

 Committee for Petitions

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 Committee on Estimates – 30 members

 Term – 1 year term

 Ministers not eligible
 Estimate the budget

Committee on Public Accounts – 15 members of LS and 7 members of RS

i.e. Total = 22 members (RS + LS)

 Ministers not eligible

 Term – 1 year
 Chairman – Member of Opposition
 Function – to audit expenditure by Government

Rajya Sabha

 Permanent Body
 No Dissolution
 1/3rd Members – retire every 2nd year
 Term – 6 years
 Quorum – 1/10th of total members – 25 members
 Total – 250 members
 Chairman – Vice President
 Election – Electoral College
 35 years age (minimum)

Note: After winning election VP has to vacate all other posts that he holds

Vice President

 No office of profit
 Term – 5 years
 Removal – only by members of Rajya Sabha
i.e. majority of Rajya Sabha and agreed by Lok Sabha

 Holds office even after expiration until new Vice President enters the office
(same for President)
 Because – there shall be a President and Vice President (always)

 VP acts as President in absence of President

 VP acting as President – have all powers, immunities, emoluments, allowances,
privileges of President
 VP – Chairman of RS

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 Deputing Chairman of Rajya Sabha

 Elected by members of RS
 Deputy Chairman – in absence of Chairman (VP)
 Vice Chairman – act in absence of Chairman and Deputy Chairman

Member of Raja Sabha

 Elected by MLA of State and UT

 30 years of age (minimum)
 Represent State/UT

Note: if Lok Sabha is dissolved – Rajya Sabha handles everything for the time being

 Money Bills – introduced in Lok Sabha

 Money Bills - not introduced in Rajya Sabha

State

1. Legislative Council – Vidhan Prishand

 Members – 1/3rd of Legislative Assembly (maximum) but not less than 40

 Elected by Municipalities, Governor and Legislative Assembly
 1/3 member retier after every 2nd year – (like RS)

2. Legislative Assembly – Vidhan Sabha

 Members – 500 (maximum)

 Members – 60 (minimum)

- Goa and Mizoram – 40

- Sikkim – 32 (minimum)
- Delhi – 70
- UP – (Maximum)

 Members – equal representation according to population (proportionate)

 Duration – 5 years
 Can be dissolved by – Governor
 Emergency – by President (can extend 1 year at a time)

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Note: Legislative Assembly (Vidhan Sabha) – same powers and functions like – Lok Sabha

Note: Legislative Council (Vidhan Parishad) – same powers and functions like – Rajya Sabha

Judiciary

 High Court - Original and Appellate Jurisdiction (state)

 Supreme Court – Apex Court (India)
 Chief Judicial Magistrate – Head of Criminal Court within Metropolitan
 Sessions Judge – District Judge
 Executive Magistrate – Maintain law and order (civil judge)
 Judicial Magistrate – Hear criminal cases (criminal judge)

Supreme Court

 Guardian of the Constitution

 Final Interpreter
 Guardian of Fundamentral Rights of People
 Date – 28th January 1950 (came into being)
 Replaced – Federal Court of India (in 1950)
 Total Judges = 31 (30+1)
 Judges of Supreme Court are appointed by – President

- SC Advocates on Record Association vs. Union of India – Second Judges Case

- SP Gupta vs. Union of India – Judges Transfer Case

 President + Collegium (CJI + 4 senior most Judges of SC)

 Collegium System – CJI consult name to appoint Judges with 4 Judges of SC

Note: if 2 disagree – name can’t be suggested to President (because – no plurality)

 2002 – National Judicial Commission

 2014 – NJAC (National Judicial Appointments Commission)

- 99th Amendment, 2014

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 2015 – NJAC invalid (unconstitutional)

 SC Advocates on Record vs. UOI – Collegium System (again)

 Qualification – SC Judge

5 years – HC Judge
10 years – HC Advocate
Distinguished Jurist in opinion of President

Note: Retirement – 65 years of age

 Impeachment – SC Judge

By – Special Majority of each house in Parliament

Grounds – Proved misbehavior or incapacity

Process – Special Majority of each house i.e. majority of total membership and majority
not less than 2/3rd of total members present and voting

- Address to remove Judge signed by both houses

- Address presented to President in same session

Jurisdiction of Supreme Court

1. Original Jurisdiction – Article 131

 State vs. State

 State vs. Union

Note: Private Citizen vs. State or Private Citizen vs. Union – not an original jurisdiction
of Supreme Court (under – Ordinary Courts)

2. Writ Jurisdiction – Article 32

 Writ Jurisdiction of SC – Fundamental Rights i.e. Article 32

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3. Appellate Jurisdiction – Highest Court of Appeal

 Cases involving – Interpretation of Constitution (Article 132)

 Cases involving – Substantial Question of Law (Article 133)
 Criminal Cases in which death sentence is given by HC

4. Advisory Jurisdiction – Article 143

 President can ask SC for advise

5. Review Jurisdiction – Article 137

 Power of SC to review judgments and orders made by it

6. Miscellaneous Jurisdiction

 Appeal to Supreme Court under – Representation of people Act, Advocates Act,

Contempt of Court Act, Terrorist Act, etc.

Chief Justice of India and SC Judges

 Appointed by – President (collegiums system)

 Oath by – President
 Resignation to – President
 Removable by – President (proved misbehavior or incapacity)

 Term – 65 years of age

Note: Supreme Court – Court of Record

Article 141 – Law declared by Supreme Court is binding on all courts in India

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 High Court

 24 High Courts in India

 Indian High Court Acts, 1861 – HC of Calcutta, Madras, Bombay
 1st HC – Calcutta HC
 Calcutta HC – earlier known as High Court of Judicature
 High Court of Judicature (Calcutta HC) – at Fort William
 1st Indian in Calcutta HC – Sambhunath Pandit

Appointment – HC Judge

 Appointment by – President
 Consultation with – CJI, Governor, CJ of HC and Collegium (HC and SC Judges)

Qualification – HC Judge

 10 years – Judicial Officer

 10 years – Advocate of HC for 10 years
 Term – 62 years
 Oath by – Governor

High Court

 Court of Record
 Writ Jurisdiction – Article 226

President

 Appointed by – Electoral College (MP and MLA) = LS + RS

 Term – 5 years
 Oath – to CJI or senior most SC Judge
 Removal – Impeachment
 Resignation – to Vice President

Vice President

 Appointed by – Electoral College (MP of RS)

 Term – 5 years
 Oath – to President
 Removal – by MP of Rajya Sabha
 Resignation – to President

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 Chief Justice of India

 Appointed by – President
 Term – 65 years of age
 Oath – to President
 Removal – by Parliament and order signed by President

SC Judge

 Appointment – President and Collegium

 Oath – to President
 Removal – same as CJI

CJ of High Court

 Appointment – President, Collegium and Governor

 Oath – to Governor
 Removal – Same as CJI
 Term – 62 years of age

HC Judges

 Appointment – President, Collegium, Governor and CJ of HC

 Oath – to Governor
 Term – 62 years of age
 Removal – same as CJI

CAG

 Appointed by – President
 Term – 6 years or 65 years of age
 Oath – to President
 Resignation – to President

Chief Election Commissioner

 Appointed by – President
 Term – 6 years or 65 years of age
 Oath – No
 Resignation – to President

UPSC Chairman

 Appointed by – President
 Resignation – to President
 Oath – No

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 Attorney General

 Appointed by – President
 Resignation – to President
 Oath – No

Note: oath taken by – President, VP, CJI, Judges, CAG

Note: no oath by – CEC, UPSC Chairman, Attorney General

Jurisdiction of HC

1. Territorial Jurisdiction – According to area

2. Original Jurisdiction – 1st time case
3. Appellate Jurisdiction – Appeal against a judgment in HC
4. Writ Jurisdiction – Article 226
5. Power of superintendence over all courts in state – Article 227

Note: Judge of HC – can’t practice in lower courts anywhere in India or any authority in
India after retirement (can only practice in SC and other HC)

Note: Judge of SC – can’t practice anywhere in India or in any authority after retirement

 Question on age of Judge – Decision by President is final (after consultation with CJI)

 HC – Court of Record
i.e. can punish for contempt of court

 Oath of HC Judge – to Governor

 Oath of SC Judge – to President

Note: removable of HC Judge = same as removal of SC judge

 Article 368 – Amendment to the Constitution

1. Recognition of new state or change in name of state – Simple Majority

2. Bill or Act – Special majority

i.e. majority of total members and 2/3rd of present and voting

3. Constitutional Amendments – Special Majority and ratification by Parliament

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 Note: Amendment – requires assent of President

 Salary of President and SC Judge from – Consolidated Fund of India

i.e. Charged – without permission from Parliament

Note: After appointment of Judges – Powers and Privileges can’t be reduced

 Official Languages

1. Union – Hindi in Devanagri Script

2. Parliament – English and Hindi
3. Supreme Court – English

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