Polity Ready Reckoner 2019 PDF

READY RECKONER OF POLITY
INDEX
R
E 1. Salient Features .......................................................................................... 1
A 2. Schedules .................................................................................................... 2
3. Preamble ..................................................................................................... 3
D 4. Union and Its Territory, Citizenship ............................................................ 4
Y 5. Fundamental Rights, Directive Principles of State Policies.................... 5-11
6. Fundamental Duties, Amendments .......................................................... 12
7. Basic Structure .......................................................................................... 13
R 8. Federal System ..................................................................................... 14-15
9. Emergency Provisions .......................................................................... 16-17
E 10. Centre and State Relations, Inter State Relations ............................... 18-20
C 11. Executive .............................................................................................. 21-26
12. Legislature ............................................................................................ 27-35

K 13. Judiciary ............................................................................................... 36-39
O 14. Local Government ................................................................................ 40-43
15. Constitutional Bodies ........................................................................... 44-45

N 16. Non Constitutional Bodies ................................................................... 46-48
E 17. Miscellaneous ........................................................................................... 49
18. Historical Background .......................................................................... 50-51

R
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READY RECKONER OF POLITY | 1 |
SALIENT FEATURES OF THE CONSTITUTION unconstitutional through its power of judicial

review.
1. Lengthiest Written Constitution • The Parliament, on the other hand, can amend
• about 465 Articles (divided into 25 Parts) and 12 the major portion of the Constitution through its
Schedules constituent power.
2. Drawn From Various Sources 7. Integrated and Independent Judiciary
• Dr.B.R.Ambedkar proudly acclaimed that the • Supreme Court is a federal court, the highest
Constitution of India has been framed after court of appeal, the guarantor of the
‘ransacking all the known Constitutions of the fundamental rights of the citizens and the
World' guardian of the Constitution
• structural part of the Constitution derived from 8. Fundamental Rights
the Government of India Act of 1935 • Right to Equality (Articles 14–18),
• philosophical part of the Constitution (the • Right to Freedom (Articles 19–22),
Fundamental Rights and the Directive Principles • Right against Exploitation (Articles 23–24),
of State Policy) derive their inspiration from the • Right to Freedom of Religion (Articles25–28),
American and Irish Constitutions respectively
• Cultural and Educational Rights (Articles 29–30),
3. Blend of Rigidity and Flexibility
and
• Article 368 provides for two types of
• Right to Constitutional Remedies (Article 32).
amendments
9. Directive Principles of State Policy
• special majority of the Parliament,
• According to Dr.B.R.Ambedkar, the Directive
• special majority of the Parliament and with the Principles of State Policy is a ‘novel feature’ of
ratification by half of the total states the Indian Constitution.
4. Federal System with Unitary Bias 10. Fundamental Duties
• Features of a federation, viz., two government, • 42nd Constitutional Amendment Act of 1976 on the
division of powers, written Constitution, recommendation of the Swaran Singh Committee.
supremacy of Constitution, rigidity of • The 86th Constitutional Amendment Act of 2002
Constitution, independent judiciary and added one more fundamental duty.
bicameralism. 11. A Secular State
5. Parliamentary Form of Government • ‘Secular’ was added to the Preamble of the Indian
• Presence of nominal and real executives Constitution by the 42nd Constitutional
• Majority party rule Amendment Act of 1976.
• Collective responsibility of the executive to the 12. Universal Adult Franchise
legislature, • The voting age was reduced to 18 years from 21
• Membership of the ministers in the legislature, years in 1989 by the 61st Constitutional
• Leadership of the prime minister or the chief Amendment Act of 1988.
minister, 13. Single Citizenship
14. Independent Bodies
• Dissolution of the lower House (LokSabha or
15. Emergency Provisions
Assembly).
• National emergency (Article 352);
6. Synthesis of Parliamentary Sovereignty and Judicial
• State emergency (President’s Rule) (Article 356)
Supremacy
and (Article 365)
• Indian parliamentary system is a proper synthesis
• Financial emergency (Article 360).
between the British principle of parliamentary 16. Three-tier Government
sovereignty and the American principle of judicial • 73rd and 74th Amendment Act of 1992.
supremacy.
• The Supreme Court, on the one hand, can
declare the parliamentary laws as
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Numbers Subject Matter Sources of the Constitution

Name of the State, Union Territories and
First Schedule Features Source
their territorial jurisdiction
Salaries, Emoluments, Privileges of Parliamentary Government
certain dignitaries. Rule of Law
President, Governor, Speaker, Deputy Parliamentary Privileges British Constitution
Speaker of Loksabha and Legislative Single citizenship
Assembly, Chairman and Deputy Bicameralism
Second Fundamental Rights
Chairman of RajyaSabha and Legislative
Schedule Judicial independence and USA
Council, Judges of Supreme Courts and
High Courts, CAG. Judicial Review
Not mentioned are MPs, MLAs, Union Post of vice president
and State Ministers, Election DPSP
Commissioner, UPSC Members Nomination of Rajyasabha
Ireland
Oath and Affirmations: members
Union, State Ministers, MLA, MP Method of President election
Contestants, MLA & MPs, Judges of Federation with strong centres
Canada
Supreme Court and High Court Judges, residuary power with centre
CAG. Not included President, Vice Concurrent List
President Freedom of Trade and Australia
Note: CAG, Judges of Supreme and High Commerce Joint Sitting.
Court are included in third and fourth Suspension of Fundamental Weimer constitution of
Third rights during Emergency Germany
schedules
Fundamental Duties, ideals of
USSR
Not included: justice.
President & Vice President, Speaker, Republic, Liberty, Equality and
France
Deputy Speaker of LokSabha, Legislative Fraternity.
Assembly, Chairman & Deputy Chairman Amendment of the Constitution South Africa
of Legislative Council, Election Procedure established by Law Japan
Commission, UPSC, SPSC
Fourth Allocation of the Seats in RajyaSabha,
Schedule States and UTS
Fifth Schedule Scheduled Areas and Scheduled Tribes
Sixth Administration of Tribal Areas in Assam,
Schedule Meghalaya, Tripura and Mizoram
Seventh
Division of Powers
Schedule
Official Languages recognized by the
Constitution originally 14and now 22
Eigth languages
st
Schedule 21 CAA – Sindhi
st
71 CAA– Konkani, Manipuri, Nepali
nd
92 CAA– Bodo, Dongri, Mythili, Santhali
Ninth
Matters outside judicial review
Schedule
introduced by first amendment act
nd
Tenth Anti Defection law introduced to 52
Schedule Amendment Act
Powers that can be transferred to
Eleventh rd
Panchayats (29 Matters) 73
Schedule
constitutional amendment 1992
Powers that can be transferred to
Twelth
Municipalities (18 Subjects)
Schedule th
74 constitutional amendment 1992
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PREAMBLE OF THE CONSTITUTION • Equality- ‘equality’ means the absence of special

privileges to any section of the society, and the
1. Preamble is based on the ‘Objectives Resolution’, provision of adequate opportunities for all individuals
drafted and moved by Pandit Nehru, and adopted by without any discrimination. Ensures equality of status
the Constituent Assembly. and opportunities.
2. It was enacted at the end of the constitution to reflect • Fraternity- A sense of brotherhood, the Constitution
constitution. promotes this feeling of fraternity by the system of
3. Preamble is not a source of power to legislature not a single citizenship.
prohibition upon the powers of legislature.
4. It is non-justiciable. Significance of the Preamble:
5. The Preamble has been amended only once so far, in
1976, by the 42nd Constitutional Amendment Act, 1. Basic Philosophy and Fundamental values of the
which has added three new words— Socialist, Secular constitution are stated.
and Integrity—to the Preamble 2. Essential to unravel minds of constitutional
6. Key words: forefathers.
• Sovereign- India is neither a dependency nor a 3. Date of enactment of constitution – Nov 26, 1949
dominion of any other nation, but an independent mentioned only in Preamble.
state 1. Source of the constitution as People of India is
• Socialist- Indian brand of socialism is a ‘democratic mentioned in Preamble.
socialism’ (coexistence of public and private sector) 2. Nature of Indian state-sovereign, socialist, secular,
and not a ‘communistic socialism’ (also known as democratic and republican polity.
‘state socialism’). Indian socialism is a blend of 3. Objectives- it specifies justice, liberty, equality,
Marxism and Gandhism, leaning heavily towards fraternity, unity and integrity.
Gandhian socialism’.
• Secular- added by the 42nd Constitutional Preamble as part of the constitution:
Amendment Act of 1976. Positive concept of
Berubari case: Preamble is not part of the constitution.
secularism ie, all religions in our country (irrespective
of their strength) have the same status and support Keshavananda Bharati case, LIC of India case: Preamble is
from the state. part of the constitution.
• Democratic- The term ‘democratic’ is used in the Amendment of Preamble: Preamble can be amended
Preamble in the broader sense embracing not only without affecting Basic features of the constitution.
political democracy but also social and economic
democracy.
• Republic- the term ‘republic’ in our Preamble
indicates that India has an elected head called the
president. It implies political sovereignty lies with
people and public offices are open to all.
• Justice- The term ‘justice’ in the Preamble embraces
three distinct forms—social, economic and political,
secured through various provisions of Fundamental
Rights and Directive Principles.(political through FR’s
and social and economic justice through DPSP)
• Liberty- absence of restraints on the activities of
individuals, and at the same time, providing
opportunities for the development of individual
personalities.
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UNION AND ITS TERRITORY Evolution of States and Union Territories

• Dhar Commission (1948): reorganisation of states on
Articles 1 to 4 under Part-I
the basis of administrative convenience rather than
• Article 1 describes India, that is, Bharat as a ‘Union of linguistic factor.
States’ not Federation of states. (it is not result of • JVP Committee(1948): formally rejected language as
agreement between the states and there is no right to the basis for reorganisation of states
secede for the states) • Fazl Ali Commission: submitted its report in
• According to Article 1, the territory of India can be September 1955 and broadly accepted language as
classified into three categories: 1. Territories of the the basis of reorganisation of states. But, it rejected
states, 2. Union territories, 3. Territories that may be the theory of ‘one language–one state’.
acquired by the Government of India at any time. • Based on Fazl Ali commission, States reorganisation
• ‘Territory of India’ is a wider expression than the act 1956 and 7th CAA led to Abolition of four fold
‘Union of India’ .Union of India implies States .where classification of states and formation of 14 states and
as Territory of India implies states, UTs, territories 6 UTs.
that may be acquired in future. • First linguistic state created in India – Andhra state in
• Article 2 grants two powers to the Parliament: (a) the 1953.
power to admit into the Union of India new states; New states that came in to Existence after 1956
and (b) the power to establish new states. 1. 1960-Maharastra , Gujarat from Bombay
• Article 3 authorises the Parliament to: (a) form a new 2. 1963 – Nagaland
state by separation of territory from any state or by 3. 1966 – Haryana, Chandigarh and HP from Punjab
uniting two or more states or parts of states or by Province.
uniting any territory to a part of any state, (b) 4. 1972 – Manipur, Tripura and Meghalaya.
increase the area of any state, (c) diminish the area of 5. 1975 – Sikkim (36 CAA)
any state, (d) alter the boundaries of any state, and 6. 1987 – Mizoram, Arunachal Pradesh and Goa.
(e) alter the name of any state. 7. 2000 - Chattisgarh, Uttarakhand and Jharkahand.
• Article 4 states that laws made under Art 2 and Art 3, 8. 2014 – Telangana
shall not be considered as a constitutional CITIZENSHIP
Amendment under Art 368. Who are citizens?
• If any territory has to be ceded to a foreign country, it
At the time of commencement of the constitution
cannot happen under Art 3. It needs an amendment
under Art 368. • Person who is domicile in India – born, any one of the
• 100th constitutional amendment act ceded certain parent is Indian,(descent) resident in India for 5
enclaves to Bangladesh. years.
• People who came from Pakistan
• People who went to Pakistan and returned back to
India before commencement of this constitution.
• Persons of Indian origin residing outside India (by
registration)
Acquisition of Citizenship – Birth, Descent,
Registration, Naturalisation, incorporation of a new
Territory.
Loss of citizenship: Renunciation – voluntarily giving
away of citizenship. Termination-acquiring foreign
citizenship automatically terminates it. Deprivation-
compulsory termination by central government in
cases of fraudulent acquisition of citizenship.
www.laex.in Union and Its Territory & Citizenship www.civilsprep.com

FUNDAMENTAL RIGHTS 10. Most of them are directly enforceable. For few an
enabling law only by Parliament is necessary Ex – 21A
Part III of the Constitution from Articles 12 to 35 11. Article 12 – Definition of State: Union and State
governments legislatures, local authorities, PSUs etc.,
• Source: Bill of rights-USA
12. Art 13 – all laws that are inconsistent with
• Originally 7 FRs, Presently 6 FRs. Right to property
fundamental rights shall be void.
deleted by 44th CAA 1978.Presently Right to
a. Laws of parliament, state legislature
property-Legal right (Art 300A)
b. Ordinances
• Magna Carta of India.
c. Non legislative sources of law (Convention).
• Essential for all round development of citizens.
d. Delegated legislation
• Fundamental rights are:
Right to equality—Art 14 to 18 Word law do not apply for personal laws and
Right to freedom—Art 19 to 22 constitutional amendment acts.
Right against exploitation—Art 23 to 24
Right to freedom of religion—Art 25 to 28 Art 14 – 18 : Right to Equality
Cultural and educational rights-Art 29 to 30
Right to constitutional remedies—Art 32 Equality before law: Rule of law (Dicey)- Basic feature
• Features of FRs of the constitution.
1. Few are available only to citizens not to foreigners
(Art 15,16,19,29 and 30). a. No punishment except for breach of law.
2. Available to citizens and foreigners too but not enemy b. Equal subjection of citizens to same law
aliens (14,20,21,21A,22,23,24,25,26,27,28) administered by ordinary law courts.
3. Fundamental rights available against private citizens c. Primacy of the rights of the Individual.
too – 15,17,23,24,32(only Habeaus corpus)
Exceptions:
2. They are not absolute but qualified. Reasonable
restrictions can be imposed. • President of India and Governor of the state. (No
3. Most of them are available against the arbitrary criminal proceedings during their office)
action of the State, with a few exceptions like those • Foreign sovereigns, ambassadors and diplomats.
against the State’s action only are violated by private • Art 31C – Laws made for implementing DPSP under
individuals. 39(b), 39(c).
4. Most of them are negative in character, that is, place • Article 105, 194 –MLAs and MPs are not liable for any
limitations on the authority of the State, while others of their action inside legislature.
are positive in nature, conferring certain privileges on • Article 361A, No person shall be liable for true
the persons. reporting of proceedings of Parliament and State
5. They are justiciable Legislature.
6. Defended and guaranteed by the Supreme Court (art
32) and High court(Art 226) Equal Protection of Law:
7. They are not sacrosanct or permanent. Equals shall be treated equally. Aristotle concept.
8. They can be suspended during the operation of a Reservations are Justified based on this.
National Emergency except the rights guaranteed by
Articles 20 and 21. Article 15 :
9. Their scope of operation is limited by Article 31A, a. No discrimination in giving Access to shops, Public
31B, 31C. restaurants, hotels and places of public entertainment
– applicable to state.
Their application can be restricted while martial law is b. No discrimination in Use of wells, tanks, bathing ghats
in force in any area. maintained by state funds for general public. applies
to both citizens and state.
www.laex.in Fundamental Rights & DPSP www.civilsprep.com

State shall not discriminate against any citizen on g. 85th amendment act, its provides consequential
grounds only of religion, race, caste, sex or place of seniority for SCs, STs with retrospective effect from
birth. June 1995.
h. 81st amendment act, It empowers the state to fill
Exceptions: Women and children, educationally and backlog vacancies even if there cross 50% ceiling.
socially backward classes of citizens.
Article 17: Abolishes untouchability applicable to
93rd AA – Reservations in Private educational state and private citizens.
institutions for OBCs other than Minority educational
Institutions. 1. Protection of Civil rights act is meant to enlarge scope
of this article.
Creamy layer is applicable for OBC reservations. 2. Term untouchability is not defined in Constitution or
civil rights, protection act.
Art 16: Equal opportunity in Public employment 3. Practice of Untouchability can disqualify an individual
to contest in elections.
No citizen can be discriminated are made in eligible
for employment of any office under the state and the Article 18: abolition of Titles – state cannot confer any
grounds of only religion, race, caste, sex, descent, title on a citizen or foreigner.
place of birth or residence. (Under article 15 descent,
residence do not exist) 1. Citizens cannot accepts any Titles from foreign state.
2. A foreigner working for Indian government cannot
Exceptions: accept a title from foreign state without the consent
Parliament by law only can make exceptions. of the President.
3. No citizen or foreigner holding any office of profit
(State legislature cannot make any law) shall not accept any present, emolument without the
consent of the President.
a. Residence as conditions for certain types of 4. Bharat Ratna, Padma Awards are not titles.
employment. Example 371D in Andhra Pradesh.
b. Reservations to socially and educationally backward
classes.
c. Religious or denominational institutions
Reservations:
a. Mandal Commission was appointed under Article 340
of the constitution. It identified 52% of the population
as OBCs and recommended 27% as Reservations.
b. Indira Sahani Judgement – Total reservations shall
not exceed 50% (including carry forward jobs)
c. Merit shall not compromise
d. Reservations exists at entry level not in promotions.
e. Creamy layer to exclude advanced sections among
OBCs.
f. 77th amendment Act its provides reservation in
promotions in favour of SCs and STs if they are not
adequately represented in the services.

Article 19-22 Freedom Rights: Article 20

Article Freedom Reasonable Restrictions Article Explanation Other Points
Freedom of Speech
and Expression Sovereignty and Integrity
(Every citizen has of India No person Applies only to criminal
right to express his Security of State shall be laws not to civil and tax
No ex post
beliefs and Friendly relation with convicted by laws
facto laws,
convictions. It foreign states. applying law Do not apply to prevention
Article backwards detention
includes freedom Public Order
19 - 1(a)
of press, freedom Decency or Morality,
of information, contempt of court, No person Available only for
silence, freedom deformation, incitement shall be proceedings before a court
against bandh, to an offense. No double prosecuted of law or judicial
right to telecast, Jeopardy and punished tribunal.not before depart
advertise etc., for the same mental and administrative
Freedom of offense twice. authorities.
Assembly Blood samples, specimen
Sovereignty and Integrity No person
Every citizen has to signatures, thumb
of India, Public order, No Self shall be
right to assemble impressions, exhibition of
section 144 of CRPC Incrimination witness of his body, production of material
peacefully without
allows magistrate to own case. objects are not covered.
arms. They can
Article restrain an assembly or Article 21
conduct meetings,
19 - 1(b) meeting or procession.
demonstrations
Under section 141 IPC
No person shall be deprived of his life or personal liberty
and take out except according to procedure established by law.
assembly 5 or more
processions.
persons can be made
This right does not
unlawful. A.K. Gopalan
include right Criteria Menaka Gandhi Case
Case
to strike.
Arbitrary
All citizens have
executive Available Available
right to form
Sovereignty and Integrity actions
Article associations or
of India. Public Order and Arbitrary Available (Un reasonable
19 -1(c) unions or
Morality. Legislative Not Available unjust, unfair laws can be
cooperative
actions questioned by judiciary.
societies
Due process
Citizen can move Not Available Available
Interest of general public, of law
Article freely throughout
protection of interest of It means only
19 – 1 (d) the territory of the Wider and positive
tribals. liberty
country. interpretation of liberty
Meaning of relating to
Freedom of i.e., opportunity to live
Liberty person, body
Residence with dignity and to develop
General public interest, of the
Article Every citizen has to ones capacities.
protection of interest of individual
19 -1 (e) right to reside and
scheduled tribes
settle any part of
the country. Article 21A- Right to Education:
th th
Article Removed by 44 Removed by 44 • State shall provide for free and compulsory education
19 – 1 (f) amendment Act amendment Act to children in the age of 6 to 14 years in such a
Citizens has right General public interest, manner as a state may determine (86th constitution
to practice any professional and technical
Article amendment act)
profession, qualifications, licences etc
19 – 1 (g) • Right to Education 2009 was enacted to enforce this.
occupation, trade are necessary. state can
or business monopolize a business. • 86th amendment act also amended Article 45, article
51 (a).

Article 22 – Protest against arrest and detention • Reasonable Restrictions: Public Order, Morality,
Health.
• Grounds to be informed, right to consult and • State can also regulate economic, political activity
defended by a lawyer, right to be produced a associated with religion. It can provide welfare,
magistrate within 24 hours excluding journey and reform of religious institutions.
holidays.
• Shall not be detained for more period than authorized Article 26-Religious denominations can establish,
by magistrate. maintain, manage, and acquire property for religious and
• Preventive detention: charitable purposes.
• Can be detained for 3 months under a preventive
detention law. beyond that advisory board shall Article 27-Freedom from taxation for religious institutions
permit. The board shall consist of Judges of High – tax cannot be levied but fees against the service can be
Court. levied.
• Parliament by law increase the period of preventive
Article28- Freedom from attending religious instructions
detention for more than three months without
in educational institutions.
obtaining opinion of advisory board.
• Legislative power with regard to preventive detention Educational Institution Religious Instructions
is divided between parliament and state legislature.
Institutions wholly
Completely prohibited
maintained by state
Right against Exploitation (Article 23 and Article 24):
Institutions Administered
Article 23-Prohibition of Traffic in Human being and by state but established
Religious instructions permitted
under any endowment or
forced labour.
trust
• It is available against state and private citizen. Institutions recognized by Permitted on voluntary basis,
the state student may or may not attend
• State can impose compulsory service for public
purpose without any discrimination on grounds only Institutions receiving aid Permitted on voluntary basis,
of religion, race, caste, class. from the states student may or may not attend
Article 24-Prohibits employment of children below the Cultural and Educational Rights (article 29 and 30)
age of 14 years in hazardous industries. Article 29-Any section of the citizens residing in any part
of India having distinct language and culture shall
• It do not prohibit child labour in non hazardous
have right to protect the same.(collective right)
industry.
• Child Labour (Prohibition & Regulation) Act 2016, • It is a group right, it is available for both religious and
prohibits all kinds of employment of children below linguistic minorities.
14 years. 14 to 18 years children in Hazardous • No citizen can denied admission into any educational
industries. institutions maintained by the state or receiving aid
from the state only on grounds of religion race, caste
Right to Freedom of Religion (Article 25 to 28) or language.
Article25: -Freedom of conscience, freedom to profess, Article 30-Rights of minorities to establish and administer
practice and propagate religion. educational institutions available to religious and
linguistic minorities. These institutions enjoy right to
• It do not provide right to religious conversions. property, reservations for OBCs (93rd Amendment act) do
• Hindus under Article 25 includes Hindus, Sikhs, Jains not apply to these institutions.
and Buddhists. Article 32-Right to constitutional remedies

• It is a basic feature of constitution, parliament can • In any area within the territory of india.
empower any subordinate court to issue writs of all • It empowers Parliament to indemnify any government
kinds. servant or any other person where martial law in
• President can suspend the right to move to any court force.
for enforcement of fundamental right during national Martial Law National Emergency
emergency. It affects not only Fundamental
Meaning/purp Locus Against to Rights but also Center-State
WRIT It affects only Relations, distribution of revenues
ose Standi Whom
Fundamental rights and legislative powers between
Show me the
Private Citizen center and states and may extend
Habeous body of / to Do not
or Public the tenure of the Parliament.
Corpus find the apply
Authority
missing people It suspends the
It continues the government and
We command / government and
ordinary law courts.
To get the Job Against Public ordinary law courts
Mandamus Applies
Done by an Official It is imposed to
It can be imposed only on three
authority restore the breakdown
grounds war, external aggression
To Forbid / to of law and order due
or armed rebellion.
stop the lower to any reason.
quotes It is imposed in some
Judicial and It is imposed either in the whole
proceeding specific area of the
Prohibition Applies Quasi Judicial country or in any part of it.
further in a country.
bodies
case out of It has no specific
their It has specific and detailed
provision in the
jurisdiction provision in the Constitution. It
Constitution. It is
To be certified is explicit
implicit
or to be
informed /
Judicial and Article 35-Parliament ownly has power to make laws with
transfer a case
Certiorari Applies Quasi Judicial respect to
due to excess
bodies 1) Residence as a criteria for public employment 2) to
of lower
courtjursidictio empower courts and other than supreme court and
n high courts to issue writs orders, directions for
By what enforcement of fundamental rights. 3) to make laws
authority / To Any public
to take away fundamental rights for armed forces –
Quowarran prevent Do not authority
to unqualified apply unqualified for para military and police. 4) to indemnify the acts of
people taking the position. government servant during marital law, 5) parliament
public offices can also make laws for punishment of offenses
declared under fundamental rights. Example:
Other Articles: untouchability, trafficking etc.,
Article 33-Parliament can restrict, abrogate fundamental
rights of armed forces, para military, police forces, Article 31-Right to Property repealed by 44th
intelligence agencies. (State Legislature cannot make a amendment act, now it is a legal right under article
law on this). 300A.
• Members of armed forces are also include other • Right to Property exists for Minority educational
service providers to the armed forces. Example: Cooks institutions as a fundamental right.
and Carpenters.
Article 31A-It prohibits certain categories of laws
Article 34-It provides for the restrictions on Fundamental from being challenged and invalidated for violation of
rights while martial lawin force.

article 14 and 19. They are related to land reforms, Aimed to establish Economic and social democracy.
industry and commerce. • Non-justiciable
• Help the courts in examining and determining the
• Acquisition of States, Management of properties,
constitutional validity of law
amalgamation of corporations, modifications of rights
Classification of DPSP(Not mentioned in
of directors and share holders, modification of mining
constitution)
leases etc.,
Remember the DPSP related to health, education for
Article 31B-It states acts and regulations placed in Mains.
ninth schedule do not come under Judicial review. • Socialistic principles – 38, 39, 39A, 39B, 41, 42, 43,
Ninth schedule, 1stCAA are related to this. 43A, 47
• Gandhian principle – 40, 43, 43B, 46, 47, 48
• InIR Coelho case, supreme court stated that laws
• Liberal intellectual principle – 44, 45, 48, 48A, 49, 50,
placed under 9th schedule (April 24th 1973) comes
51
under judicial review. Judicial review was stated as
• 42nd CAA added DPSPs under
part of basic structure of constitution.
Article-39
Article 31C-Brought in by 25th amendment act. It Article-39A: To provide adequate meals and
states that 39B and 39C can over ride provisions livelihood.
under article 14,19. Article 43A – participation of workers in the
management of industry.
Rights Outside Part – III: They are not fundamental Article 48A – safeguarding forests and wildlife.
rights but they are constitutionally guaranteed legal
44thAA added- Article 38 (state to secure social order
rights.
for the promotion of welfare) 86thA A– Changed
• Article 265: No tax can be levied or collected except subject matter of Article 45, (provision for early
by authority of law childhood care and education of children below 6
• Article 300A- Right to property years)
• Article 301 – Trade, Commerce and Inter course 97th amendment act – introduced Article 43B -
throughout territory of India. Cooperative societies.
• Article 326 – Right to Vote
List of DPSP:
Note: under Article 226 High Courts have Writ Jurisdiction 36- Definition of State
on these rights. 37 - Application of the directive principles
38 -State to secure a social order for the promotion of
DIRECTIVE PRINCIPLES OF STATE POLICIES welfare of the people
Art 36-51 39- Certain principles of policy to be followed by the
• Source-Irish constitution State.
• Dr.Ambedkar described DPSP as NOVEL features. To secure opportunities for healthy development of
children
• DPSP and Fundamental rights are -philosophy, soul
a) rights to adequate meals of livelihood
and conscience of the constitution.
b) equal distribution of material resources of the
• They are essential for Governance, they are not
community for the common good
subordinate to Fundamental rights.
c) prevention and concentration on health
• Features of DPSP: Constitutional instruction to
d) pay for equal work
state.Resembles the instrument of instruction of GOI
e) preservation of health and strength of workers
act 1935.

40 d- Organization of village panchayats

41 -Right to work, to education, and to public assistance
in certain cases.
42. Provision for just and humane conditions of work and
maternity relief.
43 - Living wage, etc. for workers
43 A - Participation of workers in management of
industries.
43 B - Promotion of co-operative societies
44 - Uniform Civil code for the citizens
45 -Provisons for early childhood care and education to
children below the age of six years.
46 -Promotion of educational and economic interests of
scheduled castes, scheduled tribes and other weaker
sections.
47 - Duty of the state to raise the level of nutrition and
the standard of living and to improve public health.
48 -Organisation of agriculture and animal husbandary
48 A. Protection and improvement of environment and
safeguarding of forests and wild life.
49. Protection of monuments and places and objects of
national importance.
50. Separation of judiciary from executive
51. Promotion of international peace and security.
Directive Outside – Part – IV:

Article 335 – Claims of members of SCs STS shall be taken
consideration without compromising efficiency of
administration in Public employment.
Article 350A – Instruction in mother tongue at the level of
primary education.
Article 351 – Development of Hindi Language.
FR V/S DPSP
FR DPSP
• Justiciable • Non-justiciable
• Economic and Social
• Political justice
justice
• Have legal sanction • No legal sanction
• Personal &
• Societarian and socialistic
individualistic
• Not automatically
• Automatically enforced
enforced
• Courts declares a law • Courts can’t declares a
violating FR is law violating FR is
unconstitutional unconstitutional

FUNDAMENTAL DUTIES: AMENDMENT OF THE CONSTITUTION

Art 51A, PART IV A Art-368, PART XX
Source-USSR
• Swaransingh committee recommended 8FDs
• 42nd CAA included 10FDs in constitution
• Features of FDs:
o Some are moral, some are civic
o Confined to citizens only
o Non-justiciable
List Fundamental Duties:

o To abide by constitution, respect its ideals and
institutions.
o To cherish and follow the noble ideals
o To uphold and protect sovereignty, unity and integrity
o To defend the nation
o To promote harmony and spirit
Source-South Africa:
To value and preserve the rich heritage • Parliament have authority to amend constitution. Art
o To protect natural environment 368 gives procedure and power to amend
o To develop scientific temper constitution.
o Safeguard public property • Bill can be introduced-either house(LS or RS), NOT in
o Excellence in all spheres of individual and collective state legislature
activity • Can be Introduced by minister or private member
o Providing opportunities for education of children in
• No need of prior permission of president
the age group 6-14 years(86th CAA)
• Bill must be passed by each house-Special majority
(Remember these and observe the fundamental • Each house must pass the bill separately
duties that overlap in language with DPSP). • To amend federal provisions-Half of state legislative
assemblies must ratify with simple majority.
• President must give his assent to the bill
• Types
o By simple majority of parliament- Majority of the
members present and voting shall accept. These are
considered as amendments outside Art 368.
o By special majority of parliament--majority of 2/3rd
members present and voting, more than 50% of the
total strength of the house.
o By special majority of parliament and consent of half
of the state legislative assemblies with simple
majority.
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BASIC STRUCTURE: f. UT’s – creation of Legislature and elected executive.

1. By special Majority: all provisions that cannot be
Parliament under article 368 can amend any part of amended by other means – ex – FR and DPSP.
constitution without affecting the basic structure of 2. By special Majority of Parliament and consent of
constitution. states
I. Election of president.
• CASES with respect to BASIC STRUCTURE: II. Extent of executive and legislative power of union
o Shankari Prasad case 1951-Parliament can take away and states.
any FRs III. Seventh schedule
o Golakanath case 1967-Parliament cannot take away IV. Representation of states in parliament.
FRs. It cannot amend them. Art 368 has only V. Amendment of Art 368 itself.
procedure and not power to amend the constitution.
o Kesavanandbharati case 1973-Parliament can amend
the FRs without affecting the BASIC STRUCTURE.
• BASIC STRUCTURE comprises:

o The supremacy of the constitution.
o A republican and democratic form of government.
o The secular character of the Constitution.
o Maintenance of the separation of powers.
o The federal character of the Constitution.
o The mandate to build a welfare state contained in the
Directive Principles of State Policy.
o Maintenance of the unity and integrity of India.
o The sovereignty of the country.
o The sovereignty of India.
o The democratic character of the polity.
o The unity of the country.
o Essential features of individual freedoms.
o The mandate to build a welfare state.
o A sovereign democratic republic.
o The provision of social, economic and political justice.
o Liberty of thought, expression, belief, faith and
worship.
o Equality of status and opportunity.
Constitutional Amendments by Simple Majority :
a. Creation of new states (Art 3)

b. Admission of new states (Art 2)
c. Schedules –second, fifth and sixth judges
d. Judiciary: Number of judges, power of supreme court.
e. Legislature – Quorum, language, privileges, Rules of
procedure, salaries and emoluments of MPs,
Elections, Delimitation, abolition or creation of
legislative councils etc.
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FEDERAL SYSTEM
Federal Government in India: Comments
• Quasi federalism • Granville Austin : cooperative federalism

• Federal features • Morris Jones : Bargaining federalism
1. Dual polity • Paul Appleby : Extremely Federal
2. Written Constitution • Ivor Jennings: Federation with strong centralising
3. Division of Powers (union list-100, state list -61, Tendency
concurrent list-52) • Dr. BR Ambedkar:both unitary and Federal based on
4. Constitutional Supremacy requirements of time and circumstances.
5. Rigid constitution • K C Wheare : quasi federalism
6. Independent Judiciary • Santhanam: central grants and Planning commission
7. Bicameralism increased dominance of centre.
• Unitary features
SC Judgements:
1. Strong centre
2. Destructible states • S R BommaiCase : Federalism is basic feature of the
3. Singleconstitution,single citizenship(J&K is constitution.
exception)
Challenges in Working of Federalism:
4. Flexibility of the constitution
5. No equal representation to the states • Rise of regional parties
6. Emergency provisions • Supreme court judgements on Art 356 misuse
7. Common CAG, EC • Accords – Assam, Mizo, Punjab
8. Parliament authority over state list • Creation of New states – linguistic, developmental
9. Appointment of Governor needs
10. All India Services • Sharing of river waters
11. Integrated Judiciary
• Territorial disputes
12. Absolute veto power over state bills
• Increased grants and statutory transfers to the states
Annexure-I
Emergency powers Part XVIII, 352 to 360
Art 360 (Financial
Art 356 (President Rule/State Emergency)
SL. Art 352 (National
Criteria Emergency/Constitutional
No. Emergency) As like National
Emergency)
Recovery Act of USA.
War, External aggression,
Grounds of Constitutional machinery breakdown Threat to financial
1 Armed rebellion or imminent
declaration (On report of governor or otherwise.) stability and credibility
danger thereof.
2 Classification Internal/External emergency No classification No classification
Written
3. recommendation Required Not required Not required
from cabinet
2 Months. Max duration is for 3
1 month and indefinite years. Periodical approval every
Parliamentary 6months 2 months, Indefinite
period
4. approval time and period. (No intermittent
(need to be approved every Beyond an year – National
duration approval is required)
6 months) Emergency/ EC certification are
required.
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Majority required
5 for approval and Special majority Simple majority Simple majority
revision
President or by LokSabha
with simple majority.
Special Session of LokSabha
need to be convened if 10%
6 Revocation President of India President of India.
of total members gives a
written notice to
president/Speaker. (within
14 days)
1. State list -concurrent list
2. Fundamental rights can be
suspended (other than art
20,21)
3. In External emergency,
rights under art 19 are
automatically suspended. In
internal emergency president 1. Parliament makes laws on state
1. President can give
need to suspend them. list. ( No state legislature)
directions
4. Centre can give direction to 2. Governor administers state (No
2. Reduction of salaries.
states on any matter state government exists)
(including judges and
5. President can change 3. No effect on fundamental rights.
other constitutional
7 Consequences constitutional distribution of 4. President can confer any authority
authorities)
revenues between Centre and to Centre.
3. Reservation of all
state. 5. President issues ordinances on
6. Life of Loksabha and money bills or financial
subjects in state list.
Legislative Assembly can be bills for the consideration
6. Parliament can delegate the power
extended by one year at a of president.
to make laws on state subjects.
time indefinitely. ( After
emergency ceases to operate,
it can extend for only 6
months)
7. Parliament cannot delegate
power to make laws on state
subjects.
Continuation of Do not continue after 6 Will continue and state can No laws are enacted on
8
laws on state list months of revocation amend/repeal them. state list.
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EMERGENCY POWERS Judicial Review:
• Three types of emergencies are subjected to Judicial

review. (38AA wanted to do away with it)
• National emergencies so far – 1962, 1971 and 1975
• Shah commission – to investigate on emergency in
1975.
President’s Rule:
Part XVIII, Art 352 to 360.
A) 352 – National Emergency

B) 356 – President’s rule for constitutional failure
C) 360- Financial Emergency
D) 365-State Emergency failure to comply with executive
directions
Expected to be a dead letter but became a deadly
Annexure – I weapon.
Emergencies explanation and comparison – table is • Parliament can delegate the power to make laws to
provided. president.
Changes after 44th CAA- (National Emergency) • Laws made by the parliament, president on state list
will continue after emergency.
• Internal disturbance is replaced by armed rebellion
• Recommendation from cabinet in writing. Judgements:
• Approval within 1 month through special majority S.R. Bommai – 1994
• Periodical approval after every 6 months for
• Judicial review exists. (it shall nor be based on
continuance.
malafide, perverse, irrelevant or extraneous
• Revocation through recommendation of loksabha by
conditions.)Relevant material is necessary
simple majority.
• Court do not look in to correctness of material. But
• Rights under art 19 can only be suspended if national
existence of material is necessary.
emergency is declared on war/external aggression.
• Till Parliament approval, Legislative Assembly is
• Only laws that are related with emergency can not be
suspended not dissolved.
challenged.
• Floor of the house is only the test ground of
• But other laws made during emergency can be
confidence.
challenged for violation of FR.
• Anti secular politics are liable for Art 356.
• Non suspension of Art 20,21.
• Courts can restore and revive the government and
• Art 358 – only for Art 19 (automatic suspension)
Assembly, if proclamation is declared as
• Art 359 – For suspension of other fundamental Rights
unconstitutional.
through presidential order
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Sarkaria Commission:
Acceptable Grounds
• Hung Assembly
• Fail to follow Constitutional direction
• Internal subversion, Physical breakdown
• Lack of alternative after No confidence motion
passed.
Unacceptable Grounds:
• Not giving a chance for alternative after No
confidence motion
• When a new party comes to power in the centre
• Internal disturbances not amounting to internal
subversion or physical breakdown.
• Maladministration or allegations of corruption.
• If no prior warning for rectification was given.
• If used to settle intraparty disputes.
Criticism of Emergency Provisions:

• Not federal
• Fundamental rights losses their significance.
• Can make rulers dictatorial.
• H V Kamath – an invitation for totalitarian state.
• K T shah – A chapter of reaction and Retrogression.
• TT Krishnamachari - it can lead to constitutional
dictatorship.
• H NKunzru: serious threat to financial autonomy of
the state.
Positive Side:
• AlladiKrishnaswamyayyar: The very life breath of the
constitution.
• Mahavirtyagi : A safety valve.
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CENTRE – STATE RELATIONS (PART XI) S.

Art
Conditio Approval
Other Conditions
No. n /Resolution
Division of administrative, legislative and financial
RS shall pass
functions. (Not Judicial) a resolution Will be in force for 1
Legislative: 245 to 255 with 2/3 year
National
1 249 majority of It is restricted only
interest
a) Territorial extent : members to subject specified
Centre – whole or part of India, extra territorial present and in resolution
Jurisdiction. voting.
National No
State – whole or part of the state. State list becomes
2 250 emergen resolution is
concurrent list
Laws of parliament – restrictions: cy required
States so requested
1. UT’s When No will loose authority
2. Scheduled areas ( governor) states resolutions on the subject.
3 252
3. Tribal Areas in Assam ( governor orders) make a are Parliament can only
4. Tribal areas in Mizoram, Meghalaya and Tripura ( request necessary amend and repeal
the law so made.
President can issue orders)
To give
b) Distribution of legislative subjects an affect
Union list – 100 to an
No approval
State list – 61(originally 66) 4 253 internati No conditions
is required.
Concurrent list – 52 (originally 47) onal
agreeme
nt
42nd AA – it shifted education, forests, weights and President
Measures, protection of wild animals and birds, 5 356 - -
’s rule
administration of justice and constitution of lower courts d) Centre’s control over state legislation.
are shifted from state list to concurrent list. 1. Reservation of bill to president by governor.
2. Absolute veto powers to president on state bill
Important subjects in concurrent list
3. President can ask for reservation of bills for his
1. Criminal law and procedure consideration during financial emergency.
2. Civil law and procedure 4. Previous sanctions of president is required for certain
3. Marriage and divorce bills
4. Population control and family planning (Bills related to interstate trade and commerce)
5. Social and economic planning Administrative – 256 to 263
6. Electricity 1. Distribution of executive power –
7. Labour welfare a) Co extensive with legislative power.
8. Newspapers, books, printing press etc. b) On concurrent list, parliament law can override
Residuary power – lies with Union (248) state law. (exception-president assent on
reserved bill)
c) Parliamentary legislation in state field
c) However, laws on concurrent list are executed by
1. When Rajyasabha passes a resolution in National
states.
Interest (249)
2. Obligation of states and centre –
2. National emergency (250)
a) State executive power shall be in compliance with
3. When states make a request (252)
parliamentary laws
4. To implement an international treaty (253)
b) State executive power shall not override/
5. President’s rule.
prejudice executive power of centre.
3. Centre’s direction to the states on
a) Communication system
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b) Maintenance of railways c) UGC

c) Instruction in mother tongue to linguistic d) Central councils. etc
minorities till primary stage e) Conferences
Directions under art 256, if not followed it can be Financial Relations : 268 to 293
constitutional breakdown in states (365). President’s rule Allocation of taxation powers –More taxes are in state list.
can be imposed (art 365) But, remunerative taxes are in central list. Residuary
4. Mutual delegation of functions taxation power is with union
258 - President can request governor for use of state Distribution of Tax Revenues – 88th AA - alternative
machinery. State consent is mandatory scheme devolution of taxes – 10th finance commission.
258 A - Governor can request president for use of Art 265 : No tax can be levied or collected except by
central executive machinery. Union consent is authority of law.
mandatory. Distribution of Tax Revenues
Parliament can entrust executive functions of the
Arti Collect Appropr
centre to the states. (if parliament does it by law, no Levy Examples
cle ion iation
consent is necessary)
5. Full faith and credit clause – states and centre shall Stamp duties on
respect the public acts, records and Judicial shares, cheques,
268 Centre States States
promissory notes,
proceedings of all other states.
insurance etc.
6. Interstate river water disputes – Parliament can make
a law. (judiciarycan not intervene), Inter state river Taxes on inter state
trade and commerce.
disputes act was enacted.
7. All India services 269 Centre Centre States Revenues from these
Art 312- Parliament can create new AIS. do not form part of
consolidated fund of
RajyaSabha approval is necessary with majority of 2/3
India.
members present and voting. AIS are Recruited,
trained by centre and allocated to states. Shared
betwee All taxes in union list –
States cannot impose any major punishment and
n income tax(other than
ultimately responsible to President of India. 270 Centre Centre
Centre agricultural income),
8. Public service commissions - Appointed by Governor and corporate tax, etc
but can be removed only by president of India. states
-Parliament can create a Joint Public service Surcharge on taxes
commission. 271 Centre Centre Centre
under 268,269,270.
-On request of Governor, President can request UPSC
Sales tax, excise duty
to serve states. on liquor and
9. Emergency – discussed already. Narcotics, octroi ,
10. Governor – Appointed by President and enjoys office - State State state
professional tax (max
during pleasure of President of India. of rs 2500 – limit kept
11. Art 355 and duties of centre – by constitution)
Centre has responsibility to protect the state from Non tax revenues – as per the division of powers in sch 7.
internal disturbance/ external aggression/ war/to
carry on the government according to the provisions Grants in Aid to the States
of constitution. a) Statutory grants – 275 – finance commission
12. State election commissioner – Appointed by the recommends. Charged out of consolidate fund of
governor but can be removed only by President of India. It includes, General grants and specific grants.
India. b) Discretionary grants – 282 – union allocates according
13. Extra constitutional devices to his discretion.
a) NITI Aayog
b) NIC

c) Other grants - temporary grants in lieu of export of 3. West Bengal Memorandum

Jute and Jute based products to Assam, Bihar, West Common Points:
Bengal and Orissa. No more relevant.
1. Move towards true federation
Finance Commission 2. Centre shall have authority only on defence,
Art 280, balancing wheel of fiscal federalism in India, communications, external affairs
quasi Judicial body. Appointed by president of India once 3. Repeal of emergency provisions
in 5 years, qualifications are determined by Parliament. 4. States consent to form new states shall be
Purely recommendatory in nature. It makes mandatory.
recommendations on, 5. Equal powers to RS and LS
1. Distribution of net proceeds of taxes between centre 6. More revenues to states
and states and among states ( vertical and horizontal 7. Residuary powers to states.
distribution) Committees by Centre:
2. Grants in aid under Art 275 1. Sarkaria commission, 2. Punchhi commission
3. Recommendations to augment resources of
consolidated fund of state to help municipalities and
INTERSTATE RELATIONS
panchayats (on the basis of recommendations of state • Art 262 – Interstate river water disputes. Parliament
finance commission) may provide through for adjudication of dispute.
4. Any other matter referred to it by President. neither SC nor any other court can exercise
Protection of the states interest – certain bills in jurisdiction wrt it. Parliament based on it has passed
Parliament can be introduced only by prior River boards act(1956) and Interstate water disputes
recommendation of President, act 1956.
• Art 263 - Interstate council – created by President and
a) That varies expression of agricultural income
headed by PM.
b) Bills dealing with allocation of money to the states
• Art 261 – Full faith and credit clause for public acts,
c) Surcharges
Records and Judicial proceedings.
d) Alteration of taxes and duties where state
interests are affected. • 301-3017 - Interstate trade and commerce – Part XIII
• Parliament and state legislature by law can impose
Borrowing Powers – centre can borrow with in India
restrictions. In case of state legislature, previous
or outside. States can borrow only with in India. sanction of president of India is required to introduce
• If states are having outstanding liabilities to centre, its bill.
prior permission is necessary for borrowing. • Parliament can appoint authority to carry on
• Centre can give guarantee to the borrowing of state. provisions related to trade and commerce.
• Parliament and state legislatures can fix limits. • Within territory of India – shall be free
Tax Immunities Zonal Councils – statutory (States Reorganisation Act)
and advisory.
• Inter governmental tax immunities – centre cannot
tax states property and vice versa. • Five in number, (Northern, central, southern, eastern
and western) North Eastern council was created by
• Immunities do not apply,
separate act of Parliament. In 1971.
1. to corporations and companies of state and central
governments. • Chairman -union Home minister, chief minister and
2. Property and income of local authorities are not given two Minister from each state, administrators of U/T in
immunity. the zone are members. Chief Ministers of states on
3. Customs duties and excise duties on goods rotation basis works as vice chairman. (one year)
imported/exported/manufactured by state. • If any other Members exists, they do not have voting
rights. (Chief Secretary, planning commission
Emergency and financial relations – already discussed
members etc)
Committees - State • North eastern council has special responsibilities to
1. Rajamannar committee – TN make a regional plan and maintenance of security and
2. Anandpur Sahib resolution – Akali dal of Punjab Public order in the region.

UNION EXECUTIVE Impeachment:
52-78, Part V
President, Vice president, PM and council of members,
Attorney General of India
PRESIDENT:
• Qualifications of contestant – 35yrs, citizen of India,
qualified to be a member of Lok Sabha, shall not hold
office of Profit under any govt.
Election of the President

• 50 electors shall be proposers and 50 shall be
seconders. • Grounds: Constitutional violation (undefined)
• Election system – indirect election, proportional parliament with 2/3rd majority of total strength of
representation by single transferable vote. house independently in LS and RS.
• Total number of votes polled+1 (Nominated members also participate, MLA’s do not
• Number of seats +1 participate)
• Voters (Only elected MPs-LS and RS, Elected MLA’s of • 14 days of prior notice to President c
Legislative Assembly of states and U/T of Delhi and • First house – lays charges and 1/4th members need to
Puducherry) support it.
• Votes of each MLA =Total population of a state • Chairman/ Speaker may or may not admit it.
Elected MLA’s in assembly x 1000 • Second house investigates the charges.
Votes of each Note :
• President actions prior to impeachment will not get
MP=Total value of votes of all MLAs of all affected.
states/ Total number of elected MPs • Vacancy in the President’s Office is temporarily filled
by Vice president, CJI or Senior most Judge of SC in
Note : order. (max period 6months)
• Vote of an MLA is not equal to vote of an MP • Newly elected president will be in office for full term.
• Vote of all MLA = vote of all MPs (5years)
• Oath– CJI, to preserve, protect and defend • Resignation of President is submitted to Vice
constitution. President.
• Conditions of office – determined by Parliament
Powers and functions
Legal immunity: Executive Powers:
• No criminal proceedings • All executive actions are conducted /Transaction of
• civil proceedings with 2months of Notice can be business rules are in the name of President,
initiated only on personal acts. administers U/T, declares an area as a scheduled area.
• Term: 5 Years • Makes all important appointments.
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Legislative Powers can commute, suspend or remit death sentence but

(details are in parliament chapter) cant pardon.
• SC Guidelines: Convictcan not demand for oral
• Part of the parliament
hearing aid and advice of council of ministers is
• Assent to bills
necessary not subjected Judicial review except
• Joint sitting Presidential decision is arbitrary, Malafide or
• Summons, prorogues houses and dissolves LS discriminatory.
• Addresses the Parliament – after general election, Diplomatic Powers
first session every year. • International treaties are made in the name of
• Appoints Protem speaker, calls for election of President.
speaker, Dy speaker and Dy Chairman. Military Powers
• Nominates 12 to RS and 2 to LS. • Supreme commander, can declare war/Peace.
• Decides on disqualification of MP’s under Art 102 and
Representation of people’s act in consultation with Emergency Powers – discussed in emergency provisions.
EC.
• Introduces Money bills. Veto Power of the President :
• Considers state bills reserved by governor. • Absolute Veto –withhold for state bills, Private
• Ordinance making power. member bills.
• Reports of CAG, EC, UPSC are submitted to • Suspensive Veto – President can send a bill for
Parliament. reconsideration of parliament only once. Not
available for Money bills and Amendment bills.
Financial powers • Pocket Veto –no action.
• Money bills are introduced with prior • No Qualified Veto for President of India.
recommendation of President of India. • For Money bill President can ratify or reject but can
• President appoints Finance commission. not be returned.
• He causes budget to be laid before the Parliament. • No Veto power on constitutional Amendment bills
• For unforeseen expenditure he can make advance out (24th AA)
of contingency fund of India.
Presidential Veto over State Legislation :
Judicial Powers Governor under Art 200 reserves certain bills for
• Appoints Judges of SC and HC’s President consideration. State legislature cannot
• He can ask for Advise to SC (Advisory Jurisdiction) override suspensive veto power of the President.
• Pardon powers – Art 72 (161 for Governor)
• Pardon – completely absolves conviction Ordinance:
• Commutation – Quality of conviction is changed. • Art 123, co extensive with legislative power of union.
• Remission: Period of sentence is changed and not the But, cannot amend constitution.
nature of conviction. • To deal with unforeseen emergencies.
• Respite: lesser sentence due to special fact • Can be applied from retrospective date ( civil, tax laws
• Reprieve: stay in the execution of sentence for a not criminal laws)
temporary Period. • Can be made if both houses or one house is not in
• President only have pardoning power on death session.
penalty, court Martial and crimes committed on union • Shall be submitted before the parliament within 6
laws. weeks after reassembly with a statement explaining
• Note :Death Penalty even for violation of state law circumstances that led to ordinance.( If houses are
can only be pardoned by President of India. Governor assembled at different dates, later dates are
considered)

• If parliament do not approve, actions taken under • 20 electors are proposers and 20 are seconders.
ordinances do not nullify. • Election system – proportional representation by
Single transferable vote.
Judgements of Supreme Court:
• Voters: Both Elected and Nominated members of LS
• Coopers case: Ordinance power of President is
and RS.
subjected to Judicial review on malafide grounds.
• Oath or Affirmation: faith and allegiance to
• DC Wadhwacase: Ordinance power is not a substitute
constitution and faithful discharge of duties.
for the legislative power.
• Term of Office : 5 years
• Re promulgation of Ordinances is the violation of
constitution and can be stuck down. Vacancy in Office:
• No substitute mentioned in constitution. In RS,
Constitutional Position of the President:
Deputy chairman performs the duty of chairman.
• Art 53 – Executive power of Union is with President
• Can be removed by a resolution of RS with effective
• Art 74 – Aid and advice of council of ministers shall be
Majority and approved by LS. (14 days notice)
available.
• Election Disputes : SC decides all election disputes wrt
• Art 75(3) – Collective responsibility of council of
President and Vice president.
minsters to Lok Sabha.
• Art 78 – PM shall give information on laws, policies to Note :
President of India. President can call for any
• Emoluments : decided by parliament.
information from government. President can submit a
ministers decision to consideration of Council of • American vice president also chairs the senate.(as like
Ministers. Indian VP)
• In case of death, illness of President of USA, Vice
Discretionary Powers : president takes office for the rest of the term. (it is
• President does not enjoy constitutional discretionary not the case in India)
power as he is bound by 42nd CA and 44th CA act.
Prime Minister
• However he enjoys situational discretion power in
following cases, • Head of the government. Council of ministers are
1. To appoint the PM in case of Hung Parliament appointed and removed by the President on
2. To dissolve Loksabha or to call for an alternative after recommendation of PM.
passage of No confidence motion in LS • On his resignation, government collapses.
3. To send a bill for reconsideration (44AA) • Oath – allegiance to constitution, protection of
4. Dismissal of Council of Ministers if No confidence sovereignty, faithful discharge, to do right to all,
Motion is passed and Council of Ministers do not secrecy.
resign. • Salary and allowances – Parliament decides ( As of
5. To ensure that 6months do not lapse between two now, PM, CoM has same salaries like MPs)
sessions of parliament. • Leader of the house in which he is a member and
nominates leader of other house.
VICE – PRESIDENT
• Ex officio chairman of RS. Receives salary and Other functions:
emoluments as so. When performs the functions of Chairman of,
President of India, he receives salaries and • NITI Aayog, ( executive body)
emoluments as so. He will not perform
• Indian Board of wildlife (statutory – wild life
responsibilities as chairman of RS. Election :
protection act 1972)
• Qualifications: 35 years, citizen of India, shall be
• National Ganga river Basin authority – statutory body
eligible to be a member of RS, shall not hold office of
under Environmental Protection act.
profit.
• National commission on Population : Executive body

• Nuclear command authority STATE EXECUTIVE

• National disaster management authority Governor
• Interstate council • Qualifications: Age : 35+ years, Citizen of India
• National integration council • Chief Executive Head of State
• CSIR • Appointed by the President. By warrant under his
• Department of space, atomic energy, DoPT hand and seal.
• Cabinet committee on appointments, economic • Even though he holds office for 5years there is no
affairs and political affairs. security of term or tenure as he is subject to pleasure
• National development council. of President.
• National water resource council. • Governor of State is not an employment under
Central Government.
Council of Ministers • A person can act as Governor for two or more states,
• Three types – cabinet, ministers of state (MOS), state and an union territory- 7th CAA.
Deputy Ministers. • While administering union territory he shall act as
• Others – parliamentary secy. They are not an agent of the President.
exemption to Office of Profit. • As governor of the state he shall be Constitution
• Cabinet ministers can attend cabinet meetings Head.
without any invitation they will be incharge of
important portfolios. Conventions:
• MOS they would be incharge of small ministries or
• Chief Minister of the State is consulted before
department and only on invitation they attend
appointment of Governor.
cabinet meetings.
• Outsider is appointed as a Governor.
• Dy ministers will given Incharge of departments or
assist cabinet ministers in discharging their duties. Powers of Governor:
Size of council of Ministers • As like President he enjoys,

st
• 91 AA – shall not be more than 15% of total strength 1. Executive powers (appoints state election
of LS (including PM) commissioner, acts as the chancellor of universities,
• A man disqualified to be an MP is also disqualified to imposition of constitutional emergency)
be a minister. 2. Legislative powers (Nominates 1/6th members SLC,1
member of Anglo Indian community)
• Art 75(3) – collective responsibility. 3. Financial powers
• Individually, a minster holds office during pleasure of 4. Judicial powers.
President (PM indeed recommends for removal ) • Article 163 explicitly states that Governor can act
• 74 – aid and advice of Council of minster shall under in his discretion in exercise of his functions.
available to President. He can send it for Whether any matter false in Governor Discretion or
reconsideration only once. not shall be decided by the Governor himself. It
• Advice rendered by Council of Ministers cannot be cannot be questioned in Court of Law.
enquired by any court. • The 42nd constitution amendment act made
• In India minister do not countersign an order of ministerial advice binding on President. No such
President. (In UK, minister has to countersign the provision exists for Governor. Therefore Governor
order of queen) enjoys Constitutional and situational discretion.
• The word cabinet is mentioned only in art 352 (after Situational dicretion is sa, eaas President.
44CAA) • President shall enjoy constitutional discretion in
• Oath and salary – Like PM. following cases,

1. As per Article 200 Governor can reserve any bill for President can create a committee of
consideration of President. In one case it is obligatory 371C Manipur legislative assembly consisting of
i.e., if a bill endangers position of high court. members from hill areas of state.
Equal opportunities for Andhra,
2. Recommendation for imposition of President rule.
Telangana and Rayalaseema Regions.
3. Additional Incharge of adjoining UT. -Local Area Reservations can be
4. Seeking information from CM. Andhra created in Education and
371D
Pradesh, Employment.
Special Responsibilities: 371E
Telangana -Special Administrative Tribunal for
State Responsibility Civil post in the state.
Developmental Board, Vidarbha and -371E – Central University in Andhra
Maharastra Pradesh
Marathwada
Development Boards Sourastra and Representation:
Gujarat 30 memberslegislative assembly,
Kautch
one loksabha seat
Law and Order in Naga Hills, 371F
Nagaland th -Reservations for different sections.
Tuensang Area (36 CA Sikkim
-Governor has special responsibility
Assam Administration of Tribal Areas A)
for equitable social and economic
Manipur Administration of Hill Areas
advancement of different sections of
Sikkim Social and Economic Advancement
Sikkim population.
Arunachal Pradesh Law and Order
Identity:
Development of Hyderabad,
Karnataka Parliament laws do not apply for
Karnataka Region
socio religious practices, customary
Chief Minister of Council of Ministers of State law and procedures, administration
371G Mizoram of civil and criminal justice, transfer
• Similar to Union
of land.
• Special provisions to some states: (Article 371) Representation:
Mizo Assembly shall have minimum
Article State Special Provisions for 40 members
Developmental Boards for Vidarbha Governor has special Responsibilities
and Maratwada and rest of for Law and Order.
Maharastr Arunachal
371 Maharastra, separate development 371H Representation:
a& Gujarat Pradesh
boards for Vidarbha, Maratwada and Assembly shall have minimum of 30
rest of the Maharastra members.
Separate Developmental Boards for Representation:
Sourastra, Kautch and other rest of 371I Goa Assembly shall have minimum of 30
371 Gujarat
the Gujarat. Equitable distribution of members.
opportunities and funds Special Provisions for Development:
Parliamentary laws do not apply on 371J Karnataka Development Board for Hyderabad
matters of religious social practices, th
Region (98 CAA)
administration of civil and criminal
justice. Ownership and transfer of
land. Customary laws and Special Status of Jammu & Kashmir
371A Nagaland procedures.
Article 370
-Law & Order:
Governor has special responsibilities • Article 1 and Article 370 are only applicable to Jammu
for peace in Tuensang region
and Kashmir
-Governor shall constitute a regional
council for Tuensang district • Other provisions of constitution can be applied to
Representation: Jammu & Kashmir in consultation with State
President can create a committee of Government.
the Assam Legislative Assembly • Article 370 is interim arrangement till Jammu &
371B Assam
consisting of member selected from
Kashmir constitution is made.
Tribal Areas. (Like Tribal Advisory
Council).

• President of India can repeal or modify Article 370 as Rule Imposed for not
per the recommendations of constitution assembly of following central
directions.
the state.
-Can be imposed
• As per the constitution of Jammu & Kashmir, states for the failure of
relation with center cannot be amended by legislative Indian
assembly, it can only be changed by constitution constitution
assembly of the state. Exists for failure
Governors
of J&K Do not exists
Rule
Instrument of Accession: constitution
Applies only with
• It has surrendered only three subjects i.e., defence, extension of
CA bill Applies
external affairs and communications to India. Presidential
• In other matters parliamentary laws can be extended order
th
5 Schedule Do not apply Applies
to the state by President in agreement with State TH
6 Schedule Do not apply Applies
Government. Writ
Only for
Jammu & Jurisdiction Fundamental and Legal
Criteria Other States Fundamental
Kashmir of High rights
Rights
Court
Parliament
Permanent
cannot change
President consults the Resident
name, boundary,
Article 3 legislature, consent is Status and Exists Do not exists
area without
not necessary Restriction
consent of
on Outsiders
legislature
Separate
Residuary Belongs to the
Belongs to the Central Constitution,
Power states Exists Do not exists
Separate
Preventive State Legislature State Legislature and
Flag
Detention can only make Union parliament make
Laws these laws. these laws.
Exists as
Right to
Fundamenta Exists as Legal Right
Property
l rights
Part VI Do not apply Applies
DPSP Do not apply Applies
Fundamental
Do not apply Applies
duties
National
Emergency on
Internal
Disturbance
National
cannot be No such limitation
Emergency
imposed without
the consent of
State
Government
Separate
Constitution,
Exists Do not exists
State
Citizenship
Financial Cannot be
Can be declared
Emergency declared
President Cannot be Can be imposed

PARLIAMENT • Qualification to contest – He shall be register voter in

any constituency in lok sabha in india. Age 25 years,
• Parts- LS, RS, President citizen of India. SC, ST Registrations exists. Any person
• Rajyasabha: belong to SC, ST from any part of India from reserved
• Upper house, council of states constituency in any state.
• Permanent House. • Territorial constituencies – Delimitation commission,
• Total 245 members--229 members from states, 4 Inter State and Intra state parity is maintained based
members from UTs and 12 members nominated by on population.
the president. • Allocation to states and boundaries of constituencies
• Eligibility : 30 years, citizen of India, No office of profit are re-adjusted after every census. (42ndCAA) freezed
• Elections System :Proportional representation by it upto 2000, 84th amendment freezed it upto 2026)
single transferable vote • 87th amendment act allowed for delimitation of
• Allocation of seats to the states based on the constituencies on the basis of 2001 census.
population. • Max strength 552= 530 from states, 20 from UTs and
• Representation of states: Elected MLA’s of the states. 2 nominated by the president from the Anglo-Indian
• Representation of UT -Electrol College specifically community.
constituted for this purpose on two union territories • Presently-545 members
Delhi, Puducherry have representation. • Term is five years
• Fourth Schedule- allocation of seats in the RS to the • President is authorised to dissolve the Lok Sabha at
states and UTs any time.
• one-third of its members retire every second year • Speaker is the head of the Lok Sabha.
• Eligible for re-election
Special Powers of Lok Sabha:
• Tenure of the MP 6years can be changed by the
• Money bill can be introduced in Loksabha.
Parliament.
• No confidence, censure, adjournment and cut motion
• Presiding officer of the Rajya Sabha is known as the
can be passed only in Loksabha.
Chairman(Vice president)
• Joint Sitting is chaired by speaker of Loksabha
Special Powers of Rajya Sabha:
Leader of the House (In USA Majority Leader) - PM(if he
• Signifies the federal structure
is a member of the LokSabha, if not any minister
• Make law on State List (Article 249).
nominated by PM) –
• Create new All-India Services (Article 312
• Not mentioned in constitution.
• Article 67 – A resolution for the removal Vice
• Prime Minister is leader of the house from the house
President of India can be introduced only in
he comes from. He nominates the leader of the house
Rajyasabha and shall be agreed by Loksabha
for other house.
• Can approve emergency if Loksabha is dissolved.
• Not mentioned in the constitutions (Rules of the
Loksabha: House)
• House of people lower house • ‘Leader of the Opposition-
• Representation of states: Directly elected first pass Loksabha+Rajyasabha (The leader of the largest
the post system. Opposition party having not less than one-tenth seats
• Representation of UT: Parliament by law provides of the total strength of the House is recognised as the
Union Territories are represented (Union Territories leader of the Opposition in that House)
direct elections to the house of people act, 1965)  Not mentioned in constitution.
 He has given the Statutory status through the
• Age of the Voter – 18 Years (21 to 18 by 61 st
salary and allowance of the opposition and
constitutional amendment)
parliament act, 1977.
www.laex.in Legislature www.civilsprep.com

 He has to be recognized by the speaker in • He votes like MP Loksabha when he is not presiding,
Loksabha, Chairman in Rajyasabha as a Leader of when he presides exercises casting vote.
Opposition (LOP). • Deputy Speaker is not subordinate to speaker, he is
 Equivalent to rank of Cabinet Minister. directly responsible to house.
• Britain – Shadow cabinet (Leader of Opposition is • Salary and allowances are charged to consolidated
called as alternative Prime Minister in UK). USA – fund of India (Speaker and Deputy Speaker)
Minority leader.
Panel of Chairpersons of Loksabha:
WHIP: • Maximum 10 members - nominated by the speaker
• Assistant floor leader from amongst the member (not president).
• Appointed by political party • Presides when Speaker and Deputy Speaker are not
• Not mentioned in Constitution nor in the Rules of the available, not subordinate to Speaker and Deputy
House nor in a Parliamentary Statute. Speaker responsible to the house.
• It is based on the conventions of the parliamentary • Panel of Chairpersons cannot presides when office of
government. Speaker and Deputy Speaker are not vacant. (They
presides only when they are absent)
Presiding Officers:
Lok Sabha Speaker Speaker pro tem:
• Elected by Loksabha from amongst its members (he • Appointed by President of India.
shall be a member of Loksabha at the time of • Usually, the senior most member is selected.
election). Date of election is fixed by the president. • Oath by- President
• Equivalent to Chief Justice of India (7th Position in • Has all the powers of the Speaker.
order of Precedence (above cabinet ministers but • Mentioned in constitution
below Prime Minister and Deputy Prime Minister) • Ceases is to exist after speaker is elected (temporary
• Need not resigns from his party (if he is resigns office)
not disqualified under anti defection law)
Removal: He can be removed by the house by Origin of Offices:
effective majority at 14 days advance notice. • Speaker & Deputy Speaker came into existence as per
• He can participate and vote in the proceedings of his the provisions of the Govt. Of India Act. 1919. Fredrick
removal. (Normally he has casting vote in Loksabha, white and Sachidananda Sinha were first Speaker and
here he vote in first instance). If he resigns, the Deputy Speaker of Central Legislative Assembly.
resignation is submitted to Deputy Speaker. Even Vittalbhai Patel first elected India speaker of central
after Loksabha dissolution he/she is continuous in legislative assembly. Initially they are called as
office till new Loksabha meets. President and Deputy President of the house after
• Atleast 50 members has to supported to admit the Govt. Of India Act, 1935 speaker and deputy speaker
motion of removal. coming to existence.
• G.B. Mavalankar and Anantha Sayanam Iyyengar
LoksabhaDeputy Speaker were First speaker and Deputy Speaker after
independence.
• Elected from amongst from the members
(election date is fixed by speaker (not president), Powers and functions of Speaker:
incase speaker it is president (it means election of• Derives powers from constitution, conventions, rules of
Deputy Speaker is held after the election of procedures of Loksabha.
speaker). • Guardian of Powers, privileges of members, house and its
• He is removed as like Speaker of Loksabha, committees. (No law exists in India defining powers and
privileges of house members and committees)

• Maintains order and decorum in house can disqualify an examined committee on government assurances
MP under defection law, presides joint sitting, enjoy do not lapse).
casting vote. He shall conduct special session of Loksabha 2. A bill originated and pending in Rajyasabha or a
to revoke emergency. bill passed by both houses and pending with
• Certifies a bill as a money bill, his decision is final. President do not lapse.
• Can allow the secret sitting of the house (Only Leader of 3. A bill sent for reconsideration by president do not
the house can request) lapse.
Presiding Officers of Rajya Sabha: Devices of Parliamentary proceedings:

• Chairman – Vice President • Question Hour-- first hour of every parliamentary
• Deputy Chairman – Elected from its members sitting, questions are of three kinds, namely:
• Panel of Vice Chairpersons – Nominated by Chairman, 1. Starred-- oral answer, supplementary questions
there is no pro tem Chairman. 2. Unstarred - written answer, written answers, no
• Other Points same as Speaker and Deputy Speaker supplementary questions
• 3. Short notice-- notice of less than ten days -
Sessions of Parliament answered orally.
• Normally 3 sessions (Budget, Monsoon, Winter) • Questions to private members are also exists on the
• House between sessions is set to be in recess. bills they introduced.
• The maximum gap between two sessions shall not • Zero Hour: Informal device, not mentioned in the
be more than 6 months. Rules of Procedure, starts immediately after the
• Summoning—president summons RS and LS to question hour and lasts until the agenda for the day,
meet (should meet at least twice a year) Indian innovation, no prior notice is required to raise
issues.
• Adjournment- suspends the work in a sitting for a
specified time, which may be hours, days or
Motions:
weeks—Done by presiding officer.
• Adjournment sine die-terminating a sitting of • No discussion on a matter of general public.
Parliament for an indefinite period done by Importance can take place except on a motion made
presiding officer . with the consent of the presiding officer.
• Prorogation-It not only terminates a sitting but
also a session of the House—Done by President, if Nature of Motions:
lapses all pending notices not bills. (In UK bills also • Substantive Motion - motion self contained motion.
lapse) • Substitute Motion-It’s substitute to change the
• Quorum--- minimum number of members existing motion.
required to be present in the House before it can • Subsidiary motion: To add on to the existing motion.
transact any business. It is one-tenth of the total
number of members in each House including the Types of Motion:
presiding officer
• Lame-duck Session ---last session of the existing Lok • Closure Motion- to cut short the debate (simple
Sabha, after a new Lok Sabha has been elected. closure, closure by compartmental, kangaroo closure,
• Dissolution--Done by the President (after 5 years of guillotine closures)
tenure or after passage of no confidence motion) • Privilege Motion - moved by a member when he feels
(Rajyasabha is never dissolved) that a minister has committed a breach of privilege of
• Dissolution of LS and lapse of the bills the House / members. Any distorted facts presented
1. All pending bills originated in loksabha, present in to the house.
loksabha, lapses (certain bills that are to be • Calling Attention Motion - to a matter of urgent
public importance and to seek authoritative
statement from the minister. Indian innovation • Introduced in either House of Parliament-- by a
mentioned in rules of procedures. minister or by any other member
• Adjournment Motion - matter of urgent public • Go through three readings 1. Bill Published in the
importance, interrupts the normal business of the official gazette 2. General Discussions, given for select
House, it is regarded as an extraordinary device - committee (discretion of the government),
needs support of 50 members allowed only in Amendment are passed, 3. Final Acceptance &
Loksabha – shall be raised on a definite, factual, Rejectence of the bill through voting.
urgent, specific matter of recent occurrence. It shall • Dead Lock: Joint sitting provision available in case of
not deal with privileges matters in court or review of deadlock
completed discussion of the same session. • After president assent bill become act—RS and LS
• No-Confidence Motion - Against entire council of equal powers with regard to an ordinary bill.
ministers. no reason is necessary can be introduced
by any member article 75(3), collective responsibility
is enforced through this. If it is past government shall
resign – allowed only in Loksabha.
• Censure Motion - Against individual or group of
ministers – reasons need to be stated - council of
ministers need not resign – passing of this motion can
invite no confidence motion.
• Motion of Thanks - To thank president of India for his
address to the parliament (The first session after
each general election and the first session of every
fiscal year is addressed by the President) - Policies and • Joint Sitting (Article 108): Presided by Speaker,
programs and performance of the government are Deputy Speaker, Deputy Chairman of Rajya Sabha in
presented to the house by the president. order, passed by simple majority of joint sitting.
• Point of Order – It is interpretation, recommendation • Loksabha can dominate due to its numbers.
to the rules of the house – a device to discipline in Money bills: -- Article 110
orderly to the house, No debate is allowed-- usually • The imposition, abolition, remission, alteration or
raised by an opposition member in order to control regulation of any tax.
the government. • Borrowing of money by the union government
• Short duration discussions – no voting takes place. • Custody of the consolidated fund or contingency
No formal motion exists in the house. fund of India.
• Declaration of an expenditure charged on the
Bills in the House: consolidated fund of India.
Character Public Bills Private Bills • Taxes – Imposition, abolition, regulation of any
Other than tax
Introduction By Minister
Minister
Notice
• Receipt of money on account of consolidated
7 days 30 days fund of India or the public accounts of India,
Period
Concern Department custody or issue of such money
Assistance No Assistance
Assistance
Discussion
Any Day Alternate Fridays
in the house
Absolute Do not exists for
Exists
Veto president
Ordinary bill:

Matters that are not money bill: Appropriation Bill:

• The budget consists of two types of expenditure
• Fines &penalties, taxes of local government,
service fees. • The expenditure ‘charged’ upon the Consolidated
Fund of India (NON VOTABLE) and The
• Speakers decisions is final on money bill cannot
expenditure ‘made’ from the Consolidated Fund
be questioned at any court of law.
of India.(VOTED)
• President cannot sent money bills for
reconsideration.
• Introduced only in Loksabha.
• Prior permission of president is required.
• Rajyasabha have limited role.
Financial bills: (Article 117)
• 117(1) A bill that contains matters of Articles 110
and other matters of general legislation, can be
introduced in Loksabha with prior
recommendation of President, in remaining
aspects it is just like ordinary bill.
• 117(2) It is an ordinary bill that consists of only
provision of money bill that involves in • Finance Bill: It consists of revenues (taxes of the
expenditure bill president has to recommend it, it government)
can be introduced in any either of the houses. • Acworth committee recommended for separation
• All money bills are financial bills but all financial of railway budget in 1921. (Now they are clubbed
bills are not money bills. together, introduced on the first day of February)
Annual Financial Statement (BUDGET) - Article 112 of • President is the responsible to lay the budget
the Constitution before the parliament, no money can withdrawn
from consolidated fund of India without
appropriation law.
• No tax can be laid without finance law. Parliament
cannot raise the demand for grants or taxes
imposed it can decrease it. Demands for grants
are voted only in Loksabha, cut motions can be
introduced only in Loksabha.
• Charged expenditure can be discussed cannot be
voted.
• Charged expenditure on consolidated fund of
India. (See the Annexure - I)
Grant or Budget Why? Funds:
Supplementary Additional expenditure on existing
grant service Name of Articl
Purpose Custody
Additional expenditure upon new the fund e
Additional Revenues (Tax &
service
grant/Excess Consolid Non Tax)
For expenditure is already spent then
Grant ated 266 Treasury Bills, Parliament
approved by parliament
To make appropriation from one service fund whereas and means
Token Grant advances
to other
Vote on Credit To meet an unexpected demand Public All other public
266 Executive
Vote on account Budget for less than an year Accounts money received by

of India govt ( other than • Each committee consist of 31 members,21

that goes to from lok sabha and 10 from Rajya sabha
consolidatedfund)
• Minister is not eligible
Ex: PF, Post Office
Savings, • Term -1 year
President • All members are nominated by presiding
( finance officers of that house.
To meet emergency secretary Parliamentary forums:
Continge expenditure fund handles it)
267 • Provide a platform to the members to have
ncy Fund size is determined post
by the parliament. expenditure interactions with the ministers concerned,
parliament experts and key officials from the nodal ministries
approves it. • The Speaker of Lok Sabha is the ex-officio
President of all the Forums except the
Parliamentary Privileges: (Article 105) Parliamentary Forum on Populationand Public
• They are not codified, enforced by presiding Health wherein the Chairman of Rajya Sabha is
officer. the ex-officio President and the Speaker is the ex-
• These are all available to attorney journal, union officio Co-President.
ministers extend to parliament committees too. See Annexure –II
• It talks about only two privileges (1. Freedom of Vacation of Seats:
Speech, 2. Right to Publish) and other privileges Representation of Peoples Act:
are stated those are British house of commerce. • Member elected for both houses of Union parliament
shall resign one of house within 10 days. If not MP
Collective Privileges: Rajyasabha becomes vacant.
• To publish that reports and debates and • MP Loksabha elects to Rajyasabha is membership to
prohibiting others from publishing. the first house, MP Loksabha gets vacated.
• It can regulate its proceedings, procedure, • If a person elected as a MP and MLA his seat in
conduct of business parliament becomes vacant, if no decision made
• It can punish people to breach of privileges within 14 days.
• Codes are prohibited to interviewing
See Annexure – III:
• No legal process can be served without the
Charged expenditure on consolidated fund of India:
permission presiding officer
1. President of India.
• Right to receive immediate information of arrest/
2. Emoulments, Allowances and office expenditure
detention of its member
3. Chairman, Deputy Chairman, Speaker of Rajya
Individual Privileges: Sabha. Speaker, Deputy Speaker of Lok Sabha
• Cannot be arrested during the session 40 days salaries and allowances.
before and after (only in civil cases) absolutely 4. Judges - (Supreme Court Judges salaries,
freedom of speech. allowances and pensions)
• Exempted from jury service. 5. High Court Judges (Only Pensions – Salaries are
charged to consolidated fund of the state)
Parliamentary Committees: Annexure - I 6. CAG, UPSC Chairman salaries, allowances and
pensions.
Departmental standing committees: 7. Administrative expenditure of Supreme Court,
• It ensures executive accountability to UPSC, CAG
Parliament. 8. Dead charges of the government.
• There are 24 committees , 8 in Rajya sabha 9. Any expenditure declared as charged by the
and 16 in lok sabha. parliament.

Not Charged Expenditure: • Legislative Council can maximum delay an ordinary

1. Election Commission bill for 4 months.
2. High Court expenditure and salaries of judges • Governor can reserve the bills for the consideration of
charged to consolidated fund of state the president of India (Article 200).
• When a bill reserved for President and President can
STATE LEGISLATURE send it for reconsideration it has to reconsidered
Composition : Governor, Assembly, Council (in some within 6 months, it is not binding on the president
states) after reconsideration.
• The bill that damages the position of high court shall
Legislative Assembly: always be reserved by governor.
• Maximum strength – 500 Minimum – 60 (Arunachal • Governor also reserves a bill 1) Ultra Wires provisions
Pradesh, Sikkim, Goa Minimum Number is 30 i.e., of the constitution 2) Opposite to the DPSP 3)Larger
(GAS), Mizoram – 40, Nagaland – 46) interest of the Country 4)Grave national importance
• 1 member can be nominated by Governor from Anglo 5)Delink with compulsory acquisition of the property
Indian Community under Article 31(A) of the constitution.
• Directly elected, universal adult franchise
• Territorial constituencies, Readjusted after every
census
• Seats are reserved for SC’s and ST’s in proportionate
to their population
Legislative Council:
• Minimum 40, Maximum 1/3 of the size of Legislative
Assembly
• 5/6 are elected, 1/6 are nominated by the Governor
from the fields of Art, Literature, Cooperative
movement, Science and Social Services.
• Elected Members- 1/3rd by Local bodies, 1/12 teacher
constituencies, 1/12 graduate constituencies, 1/3rd Money Bill
MLAs (Both Elected & Nominated)
• Same as Parliament
• Legislative Council can be created or abolished by
parliament with recommendations of Legislative Status of Legislative Council
Assembly. • Powers equal with Assembly 1) Ordinary Bill can be
• Parliament has to pass the bill with simple majority. introduced 2) Approval of ordinances 3) Ministers can
• Legislative assembly has to recommend for the same come from either of the house
with special majority (Article 168) through an • Consideration of the reports of constitutional bodies
Ordinary Bill in Loksabha CAG, Finance Commission, State Public Service
Chairman of Council Commission etc.,
• Enlargement of Jurisdiction of State Public Service
• Elected by members of Legislative Council (there is no
Commission.
deputy governor at state level)
• Privileges same as Union Parliament
Ordinary Bill • Disqualification of MLAs same as Union Parliament
• State Legislative Council do not have powers Note: There is no joint sitting in case of dead lock.
equivalent to Rajyasabha constitutional amendment cannot be introduced.

ANNEXURE – I: PARLIAMENTARY COMMITTEES

Public Accounts Committee on Public Departmental Standing
Criteria Estimates Committee
Committee Sector Undertakings Committees (Total 24)
1950 on recommendations Govt. of India Act, 1919. Krishna Menon Rules committees of
Origin
of John Mathay. committee 1964 Loksabha 1993
22 (15 from Loksabha 7
from Rajya Sabha). Elected 31 members
30 members all from
for one year through (21 from Loksabha
Loksabha. Elected for one
proportional 10 from Rajyasabha)
Composition year by proportional Same as PAC
representation by single Nominated by
representation to single
transferable vote. respective presiding
transferable vote.
Chairman is normally from officers.
Opposition
To examine reports and
To examine bills,
To Examine the budget To examine CAG Audit accounts public sector
demands of grants and
Function suggests economies of report and discover the undertakings. It do not
other matters
public expenditure. irregularities. involve with day to day
recommended to them.
affairs of PSUs.
Available, CAG is the friend,
Supportive
No philosopher guide for the No No
Officer
PAC.
Yes, it can suggest
Involvement alternative policy to
No No No
in Policy bringing economies of
ANNEXURE – II Disqualification of MP’s

Source Grounds Authority
President of India in
Constitution of India Office of Profit, unsound mind (to be declared by the court)
consultation with Election
(Art 102) Undischarged insolvent, acquires foreign Citizenship`
commission of India.
Representation of President of India in

Corruption/Electoral Offenses/ Social crimes such as Untouchability
Peoples act ( RPA), consultation with Election
etc/ Conviction for more than 2 years
1951 Commission of India.
Member of registered Political Party: resigns / Joins in any other

political Party, violates the WHIP that is not cordoned by the party
nd
Defection (52 AA – within 15 days.
th
10 Schedule Nominated member : if he joins any Political party after 6 months. Presiding Officer
Anti defection law Independent members: if he joins in any political party (6 months not
applicable). Exceptions: Speaker, Merger (2/3 of the Members goes
out of the party and Joins other Party.
President of India in
Absence from the Absence for 60 days without permission can be disqualified (4
Consultation with Election
house consecutive adjournments or proroguing of house do not count)
commission of India.

Annexure – III: Comparison of Various Bills

Ordinary Constitution
Objective Money Bill Finance Bill I Finance Bill II
Bill Amendment Bill
Introduced house LS/RS LS Only LS Only LS /RS LS+RS
Minister/ Private
Introduced by Public Public Public/Private Public/Private
member
Prior permission No Yes Yes No No
Majority simple simple simple simple special
Duration 6 months 14 days 6months 6months -
Joint Sitting Yes No Yes Yes No
Status LS=RS LS>>RS LS=RS LS=RS LS=RS
Accept, Reject, Accept, Reject Accept, Reject, Accept, Reject,

President can Must give assent
Return Not return Return Return
Recommendation
Required Required No No Not required
of President

SUPREME COURT: a distinguished jurist in the opinion of the president.

(No minimum age, tenure is prescribed)
• Articles 124 to 147 in Part V • He holds office until he attains the age of 65 years.
• It succeeded the Federal Court of India, (established • Question on Age determined by parliament.
under the Government of India Act of 1935).
• Seat of Supreme Court, New Delhi Removal:
• Regional Benches can be established by CJI with the
approval of President.
• Integrated judiciary: single system of court enforces
both central and state laws.
• Supreme Court can decide it’s own procedure with
approval President.
Appointment of judges:
• CJI is appointed by President of India.
• The other judges are appointed by president after
consultation with the chief justice and such other
judges of the Supreme Court and the high courts as
he deems necessary.
• Total judges including CJI is 31. Adhoc Judge:
• Post invalidation of NJAC , collegium system is To meet the quorum of the judges,
followed for appointment of judges. • Appointed by Chief Justice of India
• Judge of High Court qualified to be a Supreme Court
Judge can be appointed as aAdhoc Judge.
Retired Judges:
• To meet increased work load appointed by CJI after

consent of President of India in consultation with
president of India.
JURISDICTION OF SUPREME COURT
Qualifications:
• One chief justice and thirty other judges (parliament
can determine the strength)
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high
courts in succession) for five years; or (b) He should
have been an advocate of a High Court (or High
Courts in succession) for ten years; or (c) He should be
www.laex.in Judiciary www.civilsprep.com

1. Original Jurisdiction 5. Supreme Court can appoints it’s own staff .

6. Parliament cannot curtail jurisdiction of Supreme
Exception to Original Jurisdiction:
Court but can extend it.
• Pre constitutional treaty agreement etc.,
High court:
• Inter State River water disputes
• Articles 214 to 231 in Part VI
• Finance Commission Matters
• The institution of high court originated in India in
• Commercial Disputes 1862 when the high courts were set up at Calcutta,
• Recovery of Damages by a State against the Centre. Bombay and Madras.
2. WRIT JURISDICTION: (See Annexure – I) • Judiciary in a state consists of High Court and
Subordinate Courts.
3 .Special Leave Petition: • High Court can exists in two or more states.
• Discretion of the Supreme Court, it is on any matter • Parliament can extend or exclude the jurisdiction of
and it can be given to any court/tribunal except High Court to a union territory.
military and court martial. • Independence of High Court same as Supreme Court.
• Discretionary power to be used exceptional case. can • The strength of the High Court determined by the
be issued for final interlocutory/final. President. (Supreme Court by Parliament).
Appointment of Judges:
4. Appellate Jurisdiction: • Chief Justice of High Court is appointed by president
after consultation with CJI and Governor.
1. Civil Matters:any substantial question of law, any
question to be decided by the Supreme Court.
2. Criminal Matters:Death Punishment, Life
Imprisonment given by high court by reversing the
judgement lower court. High Court certifies a case of
fit for Supreme Court hearing.
3. Constitution Matters:High court the certifies a matter
as substantial question.
5. Court of Record:
• Supreme Court Judgement proceedings or can be
used as a evidences in lower courts.
• Contempt Powers includes,
Qualifications:
1. Civil Contempt: for wilful disobedience of any
judgement or order. 1. He should be a citizen of India.
2. Criminal Contempt:For scandalizing court interfering 2. Judicial Office should have held judicial office in India
with the administrative justice, judicial proceedings. for 10 years or an advocate in the high court for 10
years.
Independence of Supreme Court:
1. Appointment by Collegium. • No minimum age, maximum tenure, he retires at 62,
2. Expenditure of Court and Judges is charged from any question of age can be settled by the President
consolidated fund of India. (In Supreme Court it is Parliament)
3. Judges and their conduct cannot be discussed except • He can practice after retirement in Supreme Court
during the removal. and other High Courts.
4. supreme court judges arebarred from practice after
the retirement (High court Judges can practice)

Removal of Judges: • Any death sentence given by district court shall be

confirmed by High Court.
• Same as Supreme Court
4. Supervisory Jurisdiction:
Salaries and Allowances:
• High Court Supervises and controls sub ordinate
• Salaries are charged from consolidated fund of state,
codes. (do not exists for Supreme Court)
pensions are charged to consolidated fund of India.
• Any matter adjudged by tribunal can be appealed to
• Salaries and allowances are determined from time to
High Court. (No direct appeal to Supreme Court)
time by parliament.
5. Control over Subordinate Courts
Additional Chief Justice:
• High court deals with matter of promotion, transfer,
• Appointed by President to meet increased work load
discipline of Judicial members of subordinate courts.
(maximum for 2 years)
Acting Judge: 6. A court of Record:

• Appointed by the President due to absence of a
• Judgements are recorded for perpetual memory.
Judge.
• Power to punish for Contempt of court
• He holds office till permanent judge returns.
Retired Judges:
• Can be appointed by the Chief Justice of High Court

with previous consent of Justice.
• They get salaries, allowances as determined by the
President.
• He is not deemed to be Judge of High Court.
Jurisdiction of the High Court:
1. Original jurisdiction:
• Disputes relating to admirality , will, marriage

• Disputes relating to elections of members of High Courts sitting outside the State Capitals:
parliament and state legislatures • Chattisgarh – Bilaspur
2. Writ Jurisdiction: • Gujarat – Ahmedabad
• Assam and North East – Guwahati
• Writ Jurisdiction of High Court and Supreme Court are • Jharkhand – Ranchi
concurrent with each other. • Kerala – Ernakulam
• Writ Jurisdiction of High Court (226) extends both to • Madhya Pradesh – Jabalpur
Fundamental Rights and Legal Rights. (Wider than • Orissa – Cuttack
Supreme Court- SC can issue only for FR)
• Rajasthan – Jodhpur
• Writ Jurisdiction of High Court and Supreme Court are
• Uttarkhand – Nainital
part of basic structure of the constitution.
HC Jurisdiction over Union Territories:
3. Appellate jurisdiction:
• Dadar Nagar Haveli, Daman Diu – Bombay High Court
• High Court is majorly a court of appeal.
• Andaman & Nicobar Islands – Kolkata High Court
• Any criminal matter punished greater than 7 years
• Puducherry – Madras High Court
can be appealed in High Court.

• Lakshadweep – Kerala High Court • Court fee and other duties are exempted
• Guwahati High Court has jurisdiction over Assam, • Lok Adalat has power of Civil Court. It can deal with
Nagaland, Mizoram and Arunachala Pradesh (MANA) both civil and criminal matter, but not non-
• Sikkim, Tripura, Meghalaya, Manipur have their own compoundable matters.
High Courts now. • Permanent Lok Adalats can deal upto 10 lakhs of
rupees it is established for cases related to public
Subordinate courts:
utility services.
• Gram Nyayalayas they are first class judicial

magistrate courts, they deal with both civil and
criminal matters, they are not bound by Indian
evidence act. It is a mobile court, it has a power of
Civil Court.
• Judicial activism-(Concept of USA)-- proactive role

played by the judiciary in the protection of the rights
of citizens and in the promotion of justice in the
society.
• Articles 233 to 237 in Part VI---- Appointment of
• Public Interest Litigation (PIL)-- originated and
district judges in a state are made by the governor of
developed in the USA-- In India, the PIL is a product of
the state in consultation with the high court. the judicial activism role of the Supreme Court.
• Qualifications to be appointed to be appointed by the
District Judge.
o Advocate or Pleader for 7 years
o Should be recommended by the collegium of High
Court
o He should not having any position under state or
union executive.
• District Judge is the administrative head of Judiciary in
a District.
• Appointment of persons (other than district judges) to
the judicial service of a state are made by the
governor of the state after consultation with the State
Public Service Commission and the high court
• Article 39A --provides for free legal aid to the poor
and weaker sections of the society and ensures justice
for all
‘Lok Adalat’:
• People’s Court--- based on Gandhian principles--- It is

one of the components of ADR (Alternative Dispute
Resolution) system—statutory bodies.
• Can take up matters pending before courts are in pre-
litigative stage.
• Judgement of Lokadalats is final and cannot be
appeal.

LOCAL GOVERNMENT GramaSabha:
• Symbol of Direct Democracy

• All voters of the village are its members
• Functions are determined by State Legislature
3 Tier PanchayatRaj:
• System at Village samitee and District Level

• 2 Tier can exists in the population is less than 20 lacks.
Elections:
• Regular tenure is 5 years, if dissolved elections shall

Evolution:
be held with 6 months.
• 1957 - BalwanthRai Mehta Committee to examine the • Seats are reserved for SC, ST (based on population) &
working of Community Development Programme and Women (1/3rd) in case of membership.
National Extension Services. • Seats are reserved in chairperson for women (1/3rd ).
• 1977 – Ashok Mehta Committee – Committee on State government can make provision for
Panchayat Raj Institutions chairpersons reservation for SC/ST .
• 1985 - G.V.K. Rao Committee – to examine • Reservations for OBC is decided by State Legislature.
programmes of Rural Development and Poverty • If local government is dismissed and elections are
Alleviation held for any reason newly constituted panchayats do
• 1978 – Dantwala Committee – block level planning. not get fresh lease of 5 years. (they only get the term
• 1984 – HanumanthaRao Committee – on District remaining for original panchayats).
Planning. • Age to contest 21 years.
• 1986 – L.M. Singhvi Committee – Revitalization of • State Election Commission: Constitutional body 243K
Panchayat Raj Institutions for Democracy and consists of State Election Commission (Not a multi
Development. member body like Election Commission).
• 1988- Thugon committee- District planning
• 1988 – V.N. Gadgil Committee – Committee on Policy Governor appoints State Election Commissioner, he has
and Programmes. security of tenure, he can be removed as like the
Judge of High Court. (No such protection exists as
Comparison - See Annexure – I Election Commissioner at the center).
• 73rd, 74th Amendment Act • Provisions proceedings related to conduct of elections
are determined by State Legislature.
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Powers, Functions and Finances determined by State • Govt. of India Act 1935, Local Governmentsbecome a
Legislature : provincial subject.
• 29 matters that can be transferred to Panchayatsas • Constitution of India: Local Governments a state
there in 11th Schedule. subject
• Preparation of plans and implementation of plans for • 3 Types of Municipalities:Nagar Panchayat(rural to
Economic development and Social justice. urban transition area) , Municipal Council(small urban
• Finances- state legislature may authorise panchayat area), Municipal Corporation(larger urban area) .
to levy taxes, assign from collected revenue of state, • Ward Committee shall exists if the population of
grants in aid by states. municipality is more than 3 lakhs, remaining all as
• State Finance Commission: Governor constitutes Panchayts.
once in 5 years. Composition of commissioner and • Elections:Municipalities can also have nominated
qualification are determined by state legislature, members it is decided by State Legislature.Seats are
there is an organic link between central finance reserved for SC, ST (based on population) & Women
commission and state finance commission (central (1/3rd) in case of membership.
finance commission can recommend measures to • Manner of reservation for Chairpersons and OBC are
augment the consolidated fund of a state and determined by state legislature.
supplement the resources of the panchayath in the • Functions: 12th Schedule has 18 functions that can be
state). transferred by State Legislature to Municipalities.
• Audit & Accounts: State Legislature will determines. • Others Functions and Finances: Same as Panchayats.
• Election Petitions: State Legislature will determines. District Planning Committee:
Courts are barred from interference.
• Article 243 DPC to consolidate the plans of
• Application to UT- President shall apply the provisions panchayats and municipalities and to prepare a draft
of the act. development plan.
• Certain areas are exempted –J &K, Nagaland, • 4/5th members can be elected 1/5th can be
Mizoram,Meghalaya and others( hill areas of nominated.
Manipur, Darjeeling )
• Elected members in the committee shall be in
• PESA ACT OF 1996: Part IX provisions is not applicable proportion to rural- Urban population.
to Fifth Schedule areas. Extentions of these provisions
• State Legislature can determine mode of election
with certain modifications in scheduled areas. Self
members etc.,
rule with administrative framework consistent with
traditional practices. Metropolitan Planning Committee:
Municipalities: • 243ZE – 2/3rd members shall be elected and 1/3 can

be nominated, other provisions same as district
Evolution:
planning committee.
• 1687 Madras- first Municipal Corporation.
Central Council of Local Government: Constitutional
• 1727 -Municipal Corporations of Bombay and Article 263 by the Presidential Order.
Calcutta.
Advisory Body: Union Minister for Urban
• 1870- Lord Mayos Resolution on Financial
Development is the Chairman and Local Government
decentralization.
Minister of the States are the members.
• 1882 -Lord Ripon resolution Magna Carta of Local Self
Government. Types of Urban Governments:
• 1907- Royal commission on Decentralization. 1. Municipal corporation- administration of big cities ,
• 1919- Government of India Act, Local Self created by acts of State legislature ( In case of UT by
Government became transferred subject. Parliament). Administrative framework- Council
• 1924 -Cantonments Acts

headed by Mayor , standing committees, Municipal • President of India can appoint administrator, Lt.
commissioner. Governor or Governor of Adjoining state as an
administrator of Union Territory.
2. Municipalities-administration of towns and smaller • They shall act as agent of the President.
cities, created by acts of state • Parliament can establish a High Court, Legislature,
legislature.Administrative framework- Council headed Chief Minister and Council of Ministers for a Union
by President, standing committees, CEO. Territory.
3. Notified area committee-administration of fast • Union Territory of National Capital Territory of Delhi
developing towns or which doesnot fulfil conditions have legislative assembly, chief ministers and council
for a municipality, created through Gazette of ministers.
notification. Entirely nominated body. • Delhi is the only Union Territory that has High Court
4. Town area committee: small town administration, of its own.
semi municipal authority with limited functions,
Special Provisions for Delhi:
created by state legislature. Wholly/ partly elected or
nominated.
5. Cantonment Board: civilian administration in
cantonment area, works under defence ministry.
partly elected and partly nominated body.
6. Township: administration of township established by
large public administration.no elected members.
7. Port trust: established by act of Parliament for civil
administration in and around ports.
8. Special purpose agency: set up by state for specific
purposes ie., function based organisation.
• Ministry of Home Affairs is the nodal agency for all
Union Territories: Union Territories.
Evolution: Criteria States Union Territories
Relationship with
Federal Unitary
Centre
Distribution of
Exists Do not exists
Powers
Uniformity in
Politics & Exists in States Do not exists
Administration
Head of the Agent of the
Governor
State Center
Reasons for creation of Union Territories: Only under
Parliamentary laws Regularly all three
exceptional
• Delhi & Chandigarh: Political and Administrative on State List lists.
circumstances
Reason
• Puducherry, Dadra & Nagar Haveli, Daman and Diu :
Cultural Factors (Former Portuguese and French Scheduled Areas & Tribal Areas:
Colonies).
Schedule – 5:
• Andaman Nicobar, Lakshadweep: Islands of Strategic
importance. • President of India can declare an area as a Scheduled
area in consultation with Governor of the State.
Administration of Union Territories:

• Executive power of the state extends to Scheduled

areas but Governor has special responsibilities to
implement centres directions and to report to the
President of India.
• Tribal Advisory Council with 20 member, MLAs from
Schedule Tribes (3/4th) and nominated members
(1/4th) exists to advise on welfare.
• Laws can be modified by the Governor tobe applied
to Scheduled areas.
• Governor can make regulations on land, money
lending etc. in consultation with tribal advisory
council.
ANNEXURE – I: COMPARISON OF COMMITTEE ON POLICIES AND MATTER
• Any regulation that can repeal or amend Law of
Gadgil
Parliament or State Legislature need ascent of Balwanth Ashok
Criteria L.M. Singhvi Commi
President. Rai Mehta Mehta
ttee
Structure 3 Tier 2 Tier 3 Tier 3 Tier
Zilla Parishad
Integrated
Administrative
Structures for
Panchaya
Zilla planning and
Executive t
Parishad development
Body Committe
-District
e
Development
Officer should
be CEO of Zilla
Parishad
Constitutiona Did not Recomme Recomme

Recommended
lity recommend nded nded
Nyaya Recomme
Silent Recommended Silent
Panchayats nded
• Tribal areas in Assam, Tripura, Mizoram and Planning and

District Level
District
District Level
District
Development Level Level
Meghalaya.
• Autonomous Tribal districts can be created, modified
by Governor. Developm
ental
• Governor can also create autonomous regions within functions
an autonomous districts. shall be
transferre
• Each autonomous districts has a district council, it d CEO of
administrators the district. Should be
Zilla
District Parishad.
th chairman of - -
6 schedule Collector District
Zilla Parishad
Collector
• Autonomous districts created by Governor fallswith in regulator,
executive authority of state. revenue
functions
• They are empowered to make laws,collect land of state
revenue, establish schools, markets etc. governme
nt.

Constitutional Bodies
Attorney CAG Special
Election National Finance
general and (Guardian officer for
Criteria commission of UPSC SPSC commission commis
Advocate of public linguistic
India for SCs/STs sion
General purse) minorities
338 (65 CAA) 350 B
Article 324 76/165 148 315-323 315-323 280 TH
/338A ( 7 CAA)
CEC and other

Election
Chairman and Chairman and Chairman, Determi
commissioners Single
Composit other members. other members vice chairman ned by Single
President of India Single member member
ion can also appoint body
Determined by Size is determined and 3 Parliame member
President of India. by the governor. members. nt
regional
commissioner.
President of
President by
President of India. India by a
warrant Presiden
Appoint He also President warrant Governor of the President of
President of India under his t of
ment determines size of /governor under his state
hand and India
India
the EC. hand and
seal.
seal.
Qualified to be
appointed as a Half of the Half of the
judge of the members should members should
No
Qualificat Supreme have experience have experience Parliame Constitution
Not prescribed qualifications
ions court./ High under the govt of under the govt of
prescribed.
nt is Silent
court India or state govt India or state govt
(advocate for 10 years. for 10 years.
general)
65 years or 6 years UPSC: 65 or 6 Determined
Tenure At the pleasure Appoint
whichever is 65 or 6 years. (for both 62 or 6 years. by president
And of ed once Constitution
earlier, years. members and of India. ( it is
conditions president/gove in 5 is Silent
determined by Parliament chairman) Governor normally for 3
of service rnor. years
president. President years)
President of India.
Grounds for
CEC – As like
removal : adjudged
Judge of SC and No procedures.
as insolvent,
others by President for
infirmity of mind or Removal is by
president of India attorney and As judge of
body, engages in president of India. Tempor Constitution
Removal in consultation governor for Supreme President
employment ary body is Silent
with CEC. advocate court.
outside office. Same as UPSC.
Grounds: proved general make
Misbehavior:
misbehavior or decisions.
supreme court
incapacity.
enquiry is
necessary.
Not eligible for Not eligible for re
employment appointment or
outside UPSC. any other job
Not eligible
He is not Member can be under govt.
Post for any job No
debarred from appointed as a Constitution
retiremen No restrictions under union No limitations restricti
private legal chairman of UPSC SPSC member can is Silent
t jobs or state ons
practice. or SPSC. become chairman
government.
No reappointment of any other SPSC
for chairman of or UPSC chairman
UPSC. or member.
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NON CONSTITUTIONAL BODIES

Criteria NITI AAYOG NHRC SHRC CIC SIC CVC
Statutory, Statutory,
Origin and protection of protection of
Executive order RTI act, 2005 RTI act, 2005. CVC act, 2003
status Human rights Human rights
act, 1993. act, 1993.
Chairperson(PM)
Vice chairman,
Members: full Multi member
time. Part time body. Chairman
Multimember
members (2), Ex and 4 members. Multi member
body
officio members Multimember Multi member body State chief
consisting of
(4), CEO 4 ex officio body. Chairman body – CIC and information
Composition CVC and two
Governing council- members – and two 10 other commissioner
vigilance
CM’s of all states, National members. commissioners. and 10
commissioner
Delhi, Puducherry, commission for members.
s.
Lt women, SC, ST
govt/administrato and minorities.
rs of UTs
Regional council
President on Appointed by
Appointed by
recommendatio Governor on the Three
President on
ns of six member recommendatio member
Governor on the recommendatio
committee ns of a committee
recommendatio ns of a
headed by PM . committee consisting of
ns of a committee
Appointmen ( speaker of LS, headed by CM PM, union
PM committee consisting of PM,
t Dy chairman of and consisting of Home
headed by CM. Leader of
RS, leader of leader of minister and
( same like opposition,
opposition in LS, opposition, Leader of
NHRC) minister
RS and central minister Opposition in
nominated by
home minister. nominated by LS.
PM.
CM.
Chairman – Retd
Chairman – retd
Chief Justice of Persons of
CJI. They shall be
High Court. eminence in
Members – persons of
Members: various fields.
Retd/serving - eminence.
serving or retd Shall not
Judge of SC, They should not
judge of high MP/MLA of any
chief Justice of be MLA/MP.
Qualification Determined by court or a state.
HC. They shall not Not stated.
s Executive district judge They shall not
Two members have any office
with 7 years of have any office
having of profit with
Experience. of profit with
knowledge and any political
Person having any political
expertise with party or business
practical party or business
Human rights. or profession.
experience with or profession.
HR.
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65/5 years.
65/5, salaries Salaries and 65/4 years.
and allowances allowances of Salary of CVC =
are equal to chief information chairman of
Tenure and
Determined by Chief election commissioner are UPSC.
Service 70 years/ 5 years 70/5 years
Executive commissioner, similar to election Vigilance
conditions
members is commissioner and commissioners
equal to election other members = members of
commissioners. are similar to UPSC.
state chief secy.
President of
India.
Insolvency,
infirmity of body
or mind, job
outside
Same as
commission,
NHRC.
unsound mind, Governor can
Appointed by
Determined by convicted and remove them.
Removal Governor but Same like NHRC. As like NHRC.
Executive sentenced to Grounds are same
removed by
imprisonment for as CIC.
President of
offence.
India.
Proved
misbehavior or
incapacity :
President shall
refer the matter
to SC for enquiry.
Not eligible for
Post further
Not eligible for Not eligible for
retirement No restrictions Not eligible Not eligible employment
reappointment. reappointment.
employment under state or
union govt.

NON CONSTITUTIONAL BODIES b) Leader of opposition in LS

c) Chief Justice of India, or a sitting judge of SC
1. Removal of NHRC, SHRC, CIC, CVC is by president. nominated by CJI.
d) Speaker of Loksabha
Grounds for Removal
e) Eminent Jurist nominated by president of India.
a) Adjudged as insolvent
PM to group D employee are under the scope of
b) Convicted for an offence which involves a moral
Lokpal.
turpitude
c) Infirmity of mind or body. 3. Tenure is 5 years or 70 years. Conditions of service are
d) Acquired any financial interest that can affect his as like judge of SC.
official position. 4. Removed as like Judge of a SC.
e) Proved misbehavior or incapacity – In this case,
president shall refer the matter for supreme court
for enquiry.
f) A person is deemed to be guilty of misbehavior if
he is concerned or interested in any contract of
central govt or participates in any way in that
contract or agreement or gains profit from it.
CBI
1. It is not a statutory body. It was appointed by the

executive resolution of union home ministry. It
derives its powers from Delhi special police
establishment act.1946
2. Director of CBI is appointed by the committee
consisting of PM, leader of opposition in LS and Chief
Justice of India.
3. Tenure – 2years.
4. Central govt can appoint the officers above the rank
of SP on recommendations of committee headed by
CVC, Vigilance commissioners, secretary of home and
Personnel.
5. Director of prosecution is appointed on the
recommendation of CVC. Tenure is 2 years. He is
equivalent to the rank of joint secretary of govt of
India.
Lokpal
1. Lokpal and lokayukta act 2013. Consist of chairman

and 8 members. 50% shall be Judicial members. 50%
shall be form SC, ST, Women, minorities.
2. Appointed by a select committee consisting of
a) PM

1. Co-operative Societies 323A 323B

• 97thConstitutional Amendment Act of 2011 Public service matters Certain other matters
• Constitutional provisions Created by Parliament and
Created only parliament
 Part IX-B state legislature
 state legislature make provisions
Hierarchy of tribunals may be
 number of directors decided- state legislature No hierarchy of tribunals
created
 maintenance of accounts- state legislature
2. Official Language
• Part XVII, Articles 343 to 351.
• four heads of languages
 Language of the Union
 Official language- Hindi
 Centre-State- English (temporary)
 Regional languages
 state may adopt any one or more of the
languages
 Language of the judiciary and texts of laws
 All proceedings in the SC and HC, bills, acts,
ordinances, orders, rules---English
(temporary)
 Special directives.
 Protection of Linguistic Minorities
 Development of Hindi Language
3. Public Services
a. Articles 308 to 314 in part XIV
b. Article 309 Parliament and state legislature-
Appointment
c. Article 310- Tenure of Office
d. Article 311- Safeguards to Civil Servants
e. Categories
i. All-India services -Article 312-IAS,IPS,IFS
ii. Central services
iii. State services.
4. Tribunals
a. 42nd Amendment Act of 1976- Part XIV-A
b. Equal to HC judges
c. Article 323 A - Administrative tribunals CAT
and SAT set up parliament
d. Article 323 B- Tribunals for other matters.
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HISTORICAL BACKGROUND
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The Company Rule (1773–1858)

Pitt’s India Act of 1784
Regulating Act of 1773
• commercial and political Charter Act of 1853
• Governor of Bengal
functions separated Charter Act of 1833 • separated legislative and
as the ‘Governor-
• commercial affairs- Court • Final step towards executive functions
General of Bengal’
of Directors centralisation in British India. • Open competition system
(1st Lord Warren
• Political affairs- Board of • Governor-General of Bengal for recruitment of civil
Hastings)
Control as the Governor-General of servants
• Supreme Court at
• system of double India • It extended the
Calcutta (1774)
government • Laws made under this act Company’s rule
• Private trade of
• Indian territories are were called as Acts. • For the first time
servants-prohibited
called ‘British possessions • East India Company no more introduced local
• Control of the British
in India’ commercial body, became representation in the
Govt on Company
• British Govt- supreme administrative body. Indian (Central) Legislative
by- Court of
control over Company’s Council.
Directors
affairs
Crown Rule (1858–1947)

Government of
India Act of 1919
(Montagu-
Government of
Indian Councils Indian Councils Act Chelmsford
GoI Act of India Act of 1935
Act of 1861 of 1909 Reforms)
1858 • Establishment
• beginning (Morley-Minto • Introduced
• Act for of an All-India
of Reforms) ‘diarchy’ GoI 1947
the Good Federation.
representat • Increased the • First time • Ended the
Governm • Abolished
ive size of the introduced British rule
ent of Indian Councils diarchy in the
institutions legislative bicameralism in India
India Act of 1892 provinces and
• process of councils (from and direct • Partition of
• Governor- • Increased introduced
decentralis 16 to 60). elections India
General the number ‘provincial
ation • For the first • Viceroy’s • Abolished
of India of members autonomy’
• new time provided executive the office
became in the • adoption of
legislative association of Council- 3 to be of viceroy
Viceroy of Central and diarchy at the
councils in- Indians with Indian • Constituent
India. provincial Centre
Bengal, the executive • extended the Assemblies
• ended the legislative • It introduced
North- Councils of the principle of - adopt any
system of councils. bicameralism
Western Viceroy and communal constitutio
double • Power of • extended the
Frontier Governors. representation n
governme discussing principle of
Province • system of • new office of • freedom to
nt the budget communal
(NWFP) and communal the High the Indian
• new • nomination representation
Punjab representation Commissioner princely
office- of some • establishment
• Recognition • Separate for India in states
Secretary non-official of a Reserve
to the representation London • dropped
of State members Bank of India
‘portfolio’ of presidency • establishment the title of
for India • Establishment
system. corporations, of a public Emperor of
• 15- of- Federal,
• Empowered chambers of service India
member Provincial and
the Viceroy commerce, commission
Council of Joint Public
to issue universities • separated,
India Service
ordinances and Zamindar. provincial
Commissions.
budgets from
the Central
budget
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READY RECKONER OF POLITY

D 4. Union and Its Territory, Citizenship ............................................................ 4

Y 5. Fundamental Rights, Directive Principles of State Policies.................... 5-11

6. Fundamental Duties, Amendments .......................................................... 12

7. Basic Structure .......................................................................................... 13

R 8. Federal System ..................................................................................... 14-15

9. Emergency Provisions .......................................................................... 16-17

C 11. Executive .............................................................................................. 21-26

12. Legislature ............................................................................................ 27-35

O 14. Local Government ................................................................................ 40-43

15. Constitutional Bodies ........................................................................... 44-45

E 17. Miscellaneous ........................................................................................... 49

18. Historical Background .......................................................................... 50-51

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SALIENT FEATURES OF THE CONSTITUTION unconstitutional through its power of judicial

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READY RECKONER OF POLITY | 2 |

Numbers Subject Matter Sources of the Constitution

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READY RECKONER OF POLITY | 3 |

PREAMBLE OF THE CONSTITUTION • Equality- ‘equality’ means the absence of special

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READY RECKONER OF POLITY | 4 |

UNION AND ITS TERRITORY Evolution of States and Union Territories

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READY RECKONER OF POLITY | 5 |

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READY RECKONER OF POLITY | 6 |

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READY RECKONER OF POLITY | 7 |

Article 19-22 Freedom Rights: Article 20

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READY RECKONER OF POLITY | 8 |

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READY RECKONER OF POLITY | 9 |

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READY RECKONER OF POLITY | 10 |

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READY RECKONER OF POLITY | 11 |

40 d- Organization of village panchayats

Directive Outside – Part – IV:

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READY RECKONER OF POLITY | 12 |

FUNDAMENTAL DUTIES: AMENDMENT OF THE CONSTITUTION

List Fundamental Duties:

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READY RECKONER OF POLITY | 13 |

BASIC STRUCTURE: f. UT’s – creation of Legislature and elected executive.

• BASIC STRUCTURE comprises:

Constitutional Amendments by Simple Majority :

a. Creation of new states (Art 3)

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READY RECKONER OF POLITY | 14 |

• Quasi federalism • Granville Austin : cooperative federalism

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READY RECKONER OF POLITY | 15 |