India Polity Notes @jitendra PDF

Constitution
03 July 2013
22:04
Constituent Assembly - constituted in Nov 1946 as per cabinet mission plan -first parliament of free India
First advocated by Sh. M.N.Roy in 1934, demanded by INC in 1935, principally accepted by British Govt in 1940 (August Offer) >> Cripps Proposal (rejected
by Muslim League) >> Cabinet Mission. Dr. BR Ambedkar was chairman of Drafting Committee.
Two functions : Make constitution & make ordinary laws (both on separate day)
Composition :
Strength = 389 ((296 British India + 93 Princely states ) - population basis. On withdrawal of members of Pakistan - 229 British India +70 PS
British provinces - Seats to be further allocated between all communities in prop to population. Representative of each community is to be indirectly
elected by members of that community in the provincial legislative assembly by prop rep by mean of single transf vote. (MLAs were appointed under
GOI Act, 1935 on basis of limited franchise on basis of tax, property, & education)
Princely states - Nominated by head of states.
Objective Resolution : read by JL Nehru on Dec 13, 1946 - Book Pg 2.2 - Its modified version forms the Preamble of the Constitution.
Criticism : One party body, Lawyer-politician domination, Hindu domination
26th November 1949 - Constitution was passed . But the constitution come into force on 26th January 1950 (bcz on this day Lahore session of INC adopted
resolution of Purna Swaraj)
Salient features
Articles Parts
Schedules
395
22
450
24
12
Secular character of Indian Constitution - Read pg 3.5

Imp articles, schedules & parts - pg 3.7 to 3.11
Preamble of India - as amended by 42nd Act - is a part of Constitution - SC IN Kesavananda Bharati case
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST (Democratic socialism and not
communistic socialism i.e. mixed economy) SECULAR (Positive secularism) DEMOCRATIC REPUBLIC (Head of state is elected not monarchy and
all public offices are open to all) and to secure to all its citizens:
JUSTICE (taken from Russian revolution), social, economic and political;
LIBERTY (taken from French revolution), of thought, expression, belief, faith and worship;
EQUALITY (taken from French revolution)of status and of opportunity;
and to promote among them all
FRATERNITY (taken from French revolution) assuring the dignity of the individual and the unity and integrity of the Nation
Devices of Direct Democracy - Referendum, Initiative, Recall and Plebiscite (Read Pg. 4.6)
Articles and brief provisions Page 1
Fundamental Rights Part- III, Article 12-35, Derived from USA (Bill
of Rights) - EF ER CCR
24 March 2013
17:23
Features
They are justiciable i.e. if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court
or High Courts for the protection of his/her Fundamental Rights.
They are not absolute but qualified - balance between individual liberty and social control.
Against State action v/s action of all -state & pvt individual. If rights are available against state only and is violated by pvt individual, there are no
constitutional remedies but only ordinary legal remedies.
Can be suspended in national emergency except article 21-22. Art 19 only in case of EXTERNAL AGGRESSION.
Article 12 defines State for Part- III. e.g. IOC will also fall within this definition I.E. ALL INSTRUMENTS OF STATE
Art 13 - All inconsistent law (incl ordinances, regulations , customs etc) - Void by Doctrine of Judicial review i.e. on SC (Art 32) & HC (Art 226).
Constitutional amendment not a law. Kesavananda Bharati case (1973) - Principle of basic structure.
Sl. No.
Fundamental
Right
Article
Right to Equality 14-18
Diff
Remarks
Article
Provision
14
Equality before law and equal

protection before laws
Exceptions / Remarks
15
1. Prohibition of discrimination on Citizens State can make special provisions for :

Women and children
ground of ONLY:
Religion, Race, Caste, Sex,
Advancement of any SOCIALLY AND EDUCATIONALLY
Place of Birth, RESIDENCE
BACKWARD classes of citizens or for SC and ST.
(Against state)
(General)
Specific - for their admission to educational institutions
2. No Citizen shall be subjected to
incl pvt institutions whether or not aided by state
any disability, liability,
except minority educational institutions. (93rd CA Act,
restriction or condition on
2005)
grounds ONLY of RRCSP with
(Creamy Layer - of parents - 6 lacs)
regard to :
Both
Immunity to P, G, MP, MLA, Diplomats, Ambassadors,

UN
Article 31-C an exception
Access to shops, public

restaurants, hotels and
places of public
entertainment
the use of wells, tanks,
bathing ghats, roads and
places of public resort
maintained wholly or
partly by State funds or
dedicated to the use of
General public. (Against
BOTH pvt individuals and
STATE)
16
Equal opp in public emp (No

Citizens
discrimination on ground of ONLY
Religion, Race, Caste, Sex, Place of

Birth, Place of Residence)
Parliament can prescribe residence as a condition for

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

reservations in promotion, with consequential seniority
in favor of SC/ ST that are not adequately represented
in the state services.
(117th Amendment Bill, 2012) : Below
16(4B) : State is empowered to consider the unfilled
reserved vacancies of a year as a separate class to be
filled in succeeding years and not to be combined
within ceiling of 50%. It ends 50% ceiling on backlog
vacancies.
17
Abolition of Untouchability
(Madras HC- This article refers to
the social disabilities imposed on
certain classes of persons by
Both
Protection of Civil Rights Act, 1955 - Civil Rights mean any

right accruing to a person by abolition of untouchability
by Article 17. A person convicted of offense is disqualified
for election as MP / MLA.
certain classes of persons by

reason of their birth in certain
castes).
Right to
Freedom
Right against
exploitation
19-22
23-24
Right to
freedom of
religion
25-28
Cultural and
educational
rights
29-30
Right to
Property
31
Right to
Constitutional
Remedies
32
18
Abolition of Titles
19
for election as MP / MLA.
Both
SC - Article prohibits only heredity titles of nobility. Merit

titles are valid but do not use it as prefix or suffixes.
Freedom of speech and expression

To assemble peacefully and without arms
To form associations or unions
To move freely throughout the territory of India
To reside and settle in any part of territory of India
To practice any profession / occupation /trade/
business
Citizens Article 19 can be suspended only in

case of extenal emergency.
Does not include right to strike/

lockout and can be controlled by app
industrial law
20
Protection in Respect of Conviction for An Offence only for conviction & not against trials
Both
No ex-post-facto law (only for

criminal laws and not for civil or tax
laws)(NA in case of preventive
detention)
No double jeopardy( only in court or
tribunal)
No self incrimination (only for
criminal laws and not for civil laws)
21
Protection of Life and Personal Liberty except

according to procedure established by law - SC in
Menaka case - for both against arbitrary executive
and legislative actions - thus "due process of law" as
contained in American Constitution. Read pg 7.13
Both
Cannot be suspended in national

emergency.
21A
Right to free and compulsory education betwn 6-14

yrs
22
Prevention against Arbitrary Arrest and Detention Pg 7.14
Both
Cannot be suspended in national

emergency.
23
Prohibition of all forms of forced labour as well as

traffic in human beings
Both
24
Prohibition of employment of children

in any factory etc
Both
Only available to Citizens
Deleted by C.A. 44th in 1978 - made a right under Article 300-A in part XII.
0
Article 16(4A) :
The Supreme Court judgments in the Nagaraj case, 2006 and subsequent cases that have a bearing on reservation in promotion for the S.Cs and S.Ts have
held that,
a. The right to equality under Article 16(1) is the fundamental right of every citizen; but Clauses (4) and (4A) of Article 16 d o not confer a fundamental
right on the classes for whom reservation is provided or is sought to be provided. It is also discretionary and the S.Cs and S.Ts cannot claim
reservation in promotion as a fundamental right as it is a matter of the states discretion.
b. If the state considers it necessary to provide reservation, including reservation in promotion, it must show by data that the following conditions for
exercising the discretion exist:
Compelling reasons;
Backwardness;
Inadequate representation in the services.
c. The court has also laid down the following conditions:
Exclusion of creamy layer;
Efficiency of administration required by Article 335 should not be compromised;
50 per cent limit should not be breached; and
Reservation should not be extended indefinitely.
To nullify judgment, Art 16 (4A) is to be amended by CA 117th Amendment Bill, 2012 :
(4A) Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified under article 341 and
article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for
reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in
the services of the State..
the services of the State..
Article 19 - reasonable restrictions

Freedom of : Sovereignty &
integrity of
India
Security of
the state
Friendly relations Public

with foreign
Order
states
Decency or
morality
Contempt
of court
Defamati Incitemen Interest of the Interest

on
t
General Public of ST
to an
offence
Speech &
expression
Assembly
Association Y
Movement
Residence
Profession
Preventive Detention - Article 22

Legislative power : Divided between P and SL.
P - exclusive authority on - DEFENSE, FOREIGN AFFAIRS, SECURITY OF INDIA
P & SL - concurrent power - SECURITY OF STATE , MAINTENANCE OF PUBLIC ORDER. MAINTENANCE OF ESSENTIAL SUPPLY/ SERVICES
Protections available to DETENU :

a. Max 3 months detention , after that only on basis of report of advisory Board which shows sufficient cause for extension. The Board is to
constitute judges of HC.
b. Ground of detention is to be communicated except when matter is of public interest
c. Opp to make representation against detention order.
Parliament is empowered to specify :
a. the circumstance and the classes of cases in which a person can be detained for > 3 months without advisory board report.
b. max period of detention in any classes of cases
c. procedure to be followed by advisory Board for enquiry
Centre-State Relations
24 June 2013
15:01
Legislative Relations
1. Territorial Extent of legislation The Parliament can only make EXTRA-TERRITORIAL legislation. Eg. Laws of parliament are also applicable on the property in nay part of the
world of Indian Citizens.
However, laws of parliament are not applicable in following cases :
4 UT - A & N island, Lakshadweep, D & N haveli , D & Diu - President can make regulation for peace, progress & good governance. This
regulation can repeal or amend any parliament Act.
Assam - Governor may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS of Assam
Meghalaya, Tripura & Mizoram - President may direct an Act of Parliament may not apply or apply with modification to TRIBAL AREAS
of these states
Governor may direct an Act of Parliament may not apply or apply with modification to a SCHEDULED AREA in the state.
2. Legislative Subjects
42nd amendment - 5 subjects t/f from state list to concurrent list Education
Forests
Protection of wild animals and birds
Weight and measures
Administration of justice; constitution and organisation of all courts except HC & SC
In case of overlapping :
Union List > Concurrent List > State List
Concurrent List : Union Law > State Law (Exception : If the state law has been reserved for P and has recd his assent, then the state law
prevails in that state. However, Union law can override by subsequent legislation)
Any law on concurrent subject is to be executed by states even if law is enacted by parliament except where the constitution or the
parliament directs otherwise.
3. Parliament legislation in state field
RS passes resolution by 2/3rd majority of members present & voting Law become inoperative on expiry of 6 mnths after resolution
that it is in national interest. Such resolution validity is 1 yr , renew it ceases. State can also frame law but union law will prevail in
any no of times for 1 yr.
case of inconsistency.
National Emergency
Law become inoperative on expiry of 6 mnths after emergency

ceases. State can also frame law but union law will prevail in
case of inconsistency.
MLA of 2 or more state make request, then union law will apply to
these states only. Other states may later adopt.
MLA CANNOT make law on that subject (surrender of power)
To implement international agreement

During President Rule
Such law remain in force even after P rule. It has to be repealed

or altered or re-enacted by MLAs.
4. Centre control over State legislation

a. Bills on certain matters enumerated in state list can only be introduced in SL only with the previous sanction of P.
b. P can direct the states to reserve money and other financial bills passed by SL for his consideration during FINANCIAL emergency.
Administrative Relations
The executive power of the state is to be exercised in such a way :
a. As to ensure compliance with the laws made by the parliament
b. As not to impede or prejudice the exercise of executive power of the centre in the state.
The centre can give such directions as may be necessary or this purpose.
Article 365 : State fail to comply - P can hold that situation has arisen in which govt of state cannot be carried on in accordance with the
constitution i.e. President Rule. Read Pg 13.5
INTER GOVT DELEGATION OF EXECUTIVE FUNCTIONS -with or without conditions
1
With Consent
Centre >> State By President
With Consent
State >> Centre
By Governor
With Consent
State >> Centre
By Governor
Without Consent Centre >> State By Parliament
Relations during emergencies

Centre can give executive directions to state on ANY matter.
President Rule : P assume entire functions of state govt and governor
Financial emergency : P can direct reduction in salaries of person serving in the state and HC judges
Financial Relations
State can impose tax in respect of any water or electricity stored, generated. Consumed, distributed or sold by any authority established by
parliament for regulating or developing any inter-state river or river valley. But such law should be reserved for the P consideration and his
assent.
Levied
Collected Sharing
Stamp Duty
Union
Ex duty on medicinal & toilet prep
State
Assigned to that state
Service tax
Union
State
Appropriated between Union & state as determined by parliament
CST
Union
State
Assigned to concerned states as per principle laid down by parliament
Other
Centre Centre
Surcharge on 3 & 4 above
Determined by President on recommendation of Finance commission

Centre
State
State
State
Grants:
Statutory Grants : To state which are in need of financial assistance and not to every state . Charged to CFI . There can be specific grants
also. On recommendation of Finance Commission.
Discretionary Grants : On recommendation of Planning commission.
Effects of emergencies:
National Emergency : P can modify revenue distribution. Effect till end of FY in which emergency ceases.
Financial Emergency : Centre can give direction to states :(i) to observe financial propriety (ii) reduce salary (iii) reserve all money &
other financial bill for P.
Protection of state interest

Following bills can be introduced in Parliament only on recommendation of President :
a.
b.
c.
d.
Bill imposing or varying tax in which state are interested (i.e. jis tax ka paisa state ko milta hai)
Bill which vary the meaning of Agricultural Income for IT purpose
Bill which affect principle on which money are distributable to states
Bill imposing surcharge on any specified tax for the purpose of Centre.
Borrowing Powers
a.
Taken
by
From whom
Limit
Security
Nature
CG
Within & Outside

India
Within limit fixed by parliament ( no

such law framed)
Security : CFI
Borrow or give Guarantees
SG
Within India ONLY Within limit fixed by SL
Security : CF of
state
Borrow or give Guarantees
SG
CG
Charged to CFI
Loan to SG or give gurantee in respect of

loan raised by SG
SG cannot raise loan without consent of centre if there is still o/s any part of loan made to SG by CG or in respect of guarantee.
INTER-STATE WATER DISPUTES (ARTICLE 262)

The River Boards Act : for the regulation and development of inter-state water. RB is established by CG on requests of states. So far, NIL
constituted
The Inter State Water Disputes Act : CG to setup ADHOC tribunal. The decision of tribunal is final & binding. No court to have jurisdiction.
Draft River Basin Management Bill (26/06/2013) : To amend the River Boards Act. The draft legislation seeks to create a mechanism for integrated
planning, development and management of water resources of a river basin. The bill proposes to set up river basin authoritie s for Brahamani-Baitarini
basin, Cauvery basin, Ganga basin, Godavari basin, Indus basin, Krishna basin, Mahanadi basin, Mahi basin, Narmada basin, Pen nar basin, Subarnreakha
basin and Tapi basin .
INTER-STATE WATER DISPUTES COUNCILS (ARTICLE 263)

On recommendation of the Sarkaria Commission. Set up in 1990. Recommendatory Body. Meeting atleast 3 times in a year.
Members :
PM
CMs of all states
CM of UT having LA
Administrators of UT not having LA
6 Union cabinet ministers incl Union Minister to be nominated by PM.
INTER-STATE TRADE & COMMERCE

Trade can be restricted as follows :
Parliament can in Public interest but no discrimination between states except in case of scarcity of goods
SL can impose reasonable restriction with previous sanction of P. No preference or discrimination.
SL can impose tax on goods imported from other state to which similar goods in that state are subjected. But no discriminatory taxing.
Subject to Nationalisation laws i.e. law by parl or SL to carry business by govt to exclusion of citizens, partial or complete.
ZONAL COUNCILS
Statutory Body - States Reorganisation Act, 1956 - 5 zones
Members
Union Home Minister (Common chairman of all 5 councils)

CM of all states in zone (Vice chairman by rotation - 1 yr each)
Two other minister of such states
Administrator of UT
Advisors without right to vote :
Person nominated by the Planning Commission

Chief secretary of the govt of each state in the zone
Development commissioner of each state in the zone
North Eastern Council is also a statutory body.
Articles
26 March 2013
12:54
Part
Title
Article
XI & XII Relationship

between the Union
and the States
Legislative Territorial Extent : - Centre- whole of India exception :

If President passes regulation for 4 UT - And & Nic, Lakshwdeep, D & N Haveli, Damn & Diu or it repeal / amend any Act of
Function
parlianment for these 4 UT.
(245-255)
Governor direct - for Scheduled Area in his state
Legislative - XI
Governor of Assam direct- Tribal Area
Administrative
President direct - Tribal areas of Meghalaya, Tripura and Mizoram
- XI
Financial - XII
Distribution of Subjects: Union List > Concurrent List > State List
Concurrent List : Central Law > State Law
Exception : If state law has received president assent.
Parliament legislation on state field :- In 5 extraordinary circumstances :

Rajya Sabha resolves by 2/3rd majority of members present & voting - resolution effective for 1 yr - Law made to cease to be
enforceable after 6 month the resolution cease to be in force - State can also make law but in case of inconsistency, parlainment
law prevail.
National Emergency - Law made to cease to be enforceable after 6 month the emergency cease to be in force - State can also
make law but in case of inconsistency, parlainment law prevail.
Surrender of power by MLAs on any subject : When 2 or more states make request. Law apply to their states.MLAs can no longer
make law on that subject.
International Agreements
During President Rule - Law remains in force even after P. Rule. Such law has to be repealed or altered by MLAs.
Centre's control on State legislation:
Governor can reserve certain bill for president assent.
Certain bill to be introduced only with previous sanction of the president.
President can direct to reserve money bills aand other financial bills for his consideration during financial emergency.
Administra A law on the concurrent subject enacted by the parlianment, is executed by the states except when the constitution / Parliament directs
tive
otherwise.
function The state has to exercise its excecutive power so as not to impede or prejidice the exercise of executive power of the centrein the state.
Centre can give direction for this purpose and 4 other matters. Sec 365 : If state fail to comply --> situation for president rule.
(256-263)
Mutual delegation :
By President with consent of state govt --> entrust executive function of centre to such state govt
Similarly governor with consent of centre --> entrust executive function of state govt to central govt
Delegation by Parlianment - law on union subject to be administerd by state - no consent of state required.. Similar power NOT available
to MLAs.
Financial
functions
(268-293)
Tax revenues : Normally it is distributed between centre and states in manner prescribed by president on recommendation of the
Finance Commission.
Non Tax revenues :
Sl.No.
Statutory Grants
Discretionary Grants
Article 275
Article 282
To states :
1. To help states to achieve their plan targets
a. Which are in need of financial assistance (General)
2. To influence state action to effectuate the national plan.
b. For promoting the welfare of scheduled tribes in a state
c. For raising the level of administration of the scheduled
area in a state incl Assam.
Charged to Consolidated Fund of India every year
May be general / specific
On recommendation of Finance Commission
Planning Commission
Borrowing Centre : Obtain loan from within / outside India on security of CFI or can give guarantee within limit fixed by MPs.
State : Obtain loan from within India on security of CFS or can give guarantee within limit fixed by MLAs.
powers
Giving of Centre : Yes
State : With consent of centre, if there is o/s any loan/ guarantee made to the state by the centre
loan or
guarantees
to state
Effect of
1. National emergency : President can modify pattern of distribution of revenue between centre and states
emergency 2. Financial emergency : Centre can instruct : a. to reserve all money and other financial bill of consideration of president.
XX
Amendment of the
Constitution
368
Amendment of the Constitution ( Certain other provisions also provides 1. Introduce Bill in either house of Parliament by a Minister / Pvt.
for amendment but they are not covered u/a 368 - thus only simple
Member.
2. Prior permission of President is not required
majority is reqd in those cases)
3. Special Majority required i.e. >50% of total member (irrespective
of vacancies or absentees) AND >2/3 of members present and
voting.
4. Must be passed in BOTH house separately. No provision of joint
sitting.
5. President assent - President MUST give assent (only option for
him).
a. If bill seek to amend federal structure - to be ratified by
state legislatures of half of the states by SIMPLE majority
(>50% present and voting)
Executives
15 June 2013
23:05
President
Electoral College - Elected MP, MLA (states + UT of Delhi & Puducherry)
Qualification - Citizen + 35 yrs + Qualified to be MP of Lok Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state
minister not deemed to be OOP) + 50 proposers & 50 seconders + 15000 Rs.
President enjoys personal immunity from legal liability for his official acts.
Personal Acts : (Same for Governor)
Immune from CRIMINAL proceedings. Cannot be arrested or imprisoned
CIVIL proceedings : give advance 2 months notice
Impeachment : Impeachment Bill to be passed by 2/3rd majority in both houses or parliament
Office VACANT due to death, resign, impeachment, election void etc :
Conduct election in 6 months
Acting President : VP --> CJI --> Seniormost judge of SC
Can make regulation for the peace, progress and good government of A & N islands, Lakshadweep , Dadra and nagar Haveli , Dama n and diu.
Also for Puducheery when assembly is suspended or dissolved. Not for Delhi & Chandigarh.
The president is bound by the advise of the ministers. He can do nothing contrary to their advise nor he can do anything without their advise.
However after 44th const amendment , the president can require the council of ministers to reconsider the advise. However he SHALL act in
accordance with the advice tendered after such reconsideration. He can act in his own discretion only in following situations :
Appointment of PM when no party has clear majority
When PM in office dies suddenly and there is no obvious successor
Dismissal of council of minister (COM) when it cannot prove confidence of Lok Sabha
Dissolution of Lok Sabha if the COM has lost its majority
The Governor is bound to reserve the bill for the consideration of president when the bill endangers the position of the state high court.
The SC has held that wherever the constitution require the satisfaction of the president, it is the satisfaction of the counc il of ministers and not
the personal satisfaction of the President.
He summon the joint sitting of both houses of the Parliament.
The Budget is to be passed within 75 days.
Powers of President
1. VETO POWER (No VETO power in respect of Constitution Amendment Bills)
Absolute VETO : w/h his assent to a bill passed by the parliament (i.e. reject)
Suspensive VETO : Return a bill for re-consideration.
Cannot return a money bill (can give or w/h assent only)
If passed again, will have to give his assent. Parliament can override VETO power of president.
Pocket VETO : DO nothing - keep it pending for an indefinite period
Qualified VETO : Bill re-passed by higher majority by parliament - not required in Indian context.
The power can be exercised for bills of state legislature also. However, State legislature CANNOT override the VETO power of president.
The president cannot return a money bill for the reconsideration of MP or MLA (when bill is reserved by governor).
2. Ordinance making power - Conditions :
Only on the advise of council of ministers

Cannot be issued to amend the constitution
Any 1 house of parliament is not in session
Existence of circumstance as to render necessary to take immediate action. President's satisfaction can be justiciable on ground of
malafide
Co-extensive with power of parliament i.e. issue ordinance on matter in which parliament can legislate and within constitutional limit
Approve by parliament within of its re-assembly
3. Pardoning power :
a. Pardon : Remove sentence and the conviction - In case of death sentence under Union or court martial law. Only president can pardon
death sentence even under state law. The power is to be exercised on the advise of the union cabinet.
b. Commutation : Substitution of one form with a lighter form
c. Remission : reducing the period of sentence without changing its character
d. Respite : awarding a lesser sentence due to some special fact e.g. physical disability
e. Reprieve : stay on execution for a temporary period
4. Nomination power :
Rajya Sabha : 12 MP from person having special knowledge ; Lok Sabha : 2 MP- form anglo Indian community
Governor : LA : 1 MLA- form anglo Indian community ; LC : 1/6th members having special knowledge
Governor
The Governor can :
He can at time act in his own discretion while a president CANNOT. The decision of the Governor regarding whether a matter fa lls within
his discretion is final and validity of it cannot be challenged. In following cases he has discretion (apart from situational discretion same as
president) :
Reserving a bill for president
Recommending for imposing president rule
Exercising power as administrator of adjoining UT.
Seeking info from CM regarding administrative ad legislative matters of the state
Determining the royalty payable by Govt of Assam, Meghalaya, Tripura and mizoram to Tribal district council for mineral exploraiton
Ministerial advise are not binding on the governor but are binding on the President.
Vice President
Electoral College - Elected & Nominated MP, MLA
Qualification - Citizen + 35 yrs + Qualified to be MP of Rajya Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state
minister not deemed to be OOP) + 20 proposers & 20 seconders + 15000 Rs
Doubt / dispute in election of VP / President - Inquiry by SC
When he acts as president, his function in Rajya Sabha is performed by Deputy Chairman of Rajya Sabha.
Prime Minister
The resignation / death of an incumbent PM automatically dissolves the council of ministers .
He is the principal channel of communication between the President and the council of ministers.
Union Council of Ministers

A minister has the right to speak and to take part in the proceedings of BOTH houses but he has right to vote in the house in which he is a
member.
When the Lok Sabha passes the no confidence motion, all minister incl those in Rajya Sabha has to resign. The resignation of the PM amounts to
resignation of the entire COM.
All ministers has collective responsibility i.e. they should stand by cabinet decisions and support them both within and outs ide the Parliament
otherwise he must resign.
State Council of Ministers

There shall be a Minister in charge of Tribal welfare who may in addition be in charge of the welfare of the SC and BC or any other work in the
states of JHARKHAND, MP, CHHATTISGARH & ORISSA.
Satisfaction of Governor = Satisfaction of Council of Ministers
Individual privileges of MP
Cannot be arrested when house is in session and also 40 days before the beginning and 40 days after the end of session IN CIVIL CASES. And not
in case of criminal cases and preventive detention.
Freedom of speech in Parliament
Exempted from jury service when parliament is in session.
Oath of Affirmation
Sl. No. Appointee
Administered by
President
Chief Justice of India
Governor
Chief Justice of concerned high court or senior most judge
VP
President
PM
President
CM
Governor
Council of Ministers
President
President
MP
President
Speaker/ Deputy Speaker of Lok Does not subscribe to any oath

Sabha
SC judge
President
10
HC Judge
Governor
11
State Council of Ministers
Governor
12
MLA
Governor
Mode of Appointment
Sl. No. Person
Who appoints ?
Qualification
President
Electoral College
Citizen + 35 yrs + Qualified to be MP Emoluments decided by Parliament

of Lok Sabha + No office of Profit For 5 years. No condition of max age.
Beyond 5 years, till successor takes
OOP (Post of President, VP, Governor,
Union minister not deemed to be
charge - VP doesnot takes charge
(normally election to be held before
OOP)
expiry of term)
Also eligible for re-election
Resignation letter to VP.
Condition of service & tenure of office
Governor
President (to enable the

centre to maintain its
control over the states)
35 yrs + Citizen of India + should not

be MP/ MLA (automatically vacate
post)
Vice President
Electoral College
Citizen + 35 yrs + Qualified to be MP For 5 years. No condition of max age.

of Rajya Sabha + No office of Profit Beyond 5 years, till successor takes
OOP (Post of President, VP, Governor,
charge
Union minister not deemed to be
OOP)
Resignation letter to President.
Prime Minister
President
Leader of the majority party in Lok

Sabha. When no clear majority,
president use its discretion and ask
PM and ask him to seek a vote of
confidence within 1 month.
Majority is to be proved after
appointment within a reasonable
period
Has to be a member of either house
of parliament
Chief Minister
Governor
Same
Same
President
On the advise of PM
Total no = max 15% of the total
strength of Lok Sabha
Shall not be disqualified on ground
of defection
Shall become MP of either house
within 6 months
Salary / allowances determined by

parliament
State Council of
Ministers
Governor
On advise of CM
Salary / allowances determined by MLA
Total no = 15% incl CM. Min no = 12
Shall not be disqualified on ground
of defection
Shall become MLA of either house
within 6 months
Emoluments decided by Parliament

For 5 years (subject to pleasure of the
president - non justiciable) . No
condition of max age. Beyond 5 years,
till successor takes charge.
Resignation letter to President.
Procedure of Removal
Sl. No. Person
1. President
(process
known as
Who can remove ?
Impeachment bill passed with 2/3rd majority of total membership in both

houses of the Parliament
Process :
Condition
Violation of the constitution
impeachment)
Process :
Initiation of impeachment proceeding by either house of parliament by
1/4th members of the house
14 days notice to the president
2/3rd majority (of the total membership of the house) bill passed in one
house then sent to other which will investigate charge and pass bill with
2/3rd majority
President stands removed from office from the date on which bill was
passed.
VP
Resolution in Rajya Sabha by ABSOLUTE majority and agreed to by the Lok

Sabha by a SIMPLE majority. 14 days advance notice is reqd
PM
President when he loses the confidence of the Lok sabha - he must resign or
the president can dismiss him
Any Minister
President on advise of PM
Lok Sabha
MP - by resolution passed by a ABSOLUTE majority of all the members of LS Speaker / Deputy advance 14 days notice. During this process, he cannot preside the house.
Speaker of LS/ RS Motion to be supported by at least 50 members.
/ LA / LC
Chairman of RS
Remove him as VP
No grounds specified
Generally, in case of diff of opinion

or dissatisfaction with performance
Judiciary
15 June 2013
21:53
Particulars
Supreme Court
High Court
Organization
1 CJ + 30 Judges
1 CJ and other judges as president may determine
Appointment
By President after consultation with such judges of the SC & HC

as he deems necessary. Consultation with CJ is also obligatory
CJ : appointed by president after consultation with the CJI and

governor.
Other : President + CJI + Governor + CJ of that HC
Chief Justice
(THIRD JUDGE CASE : CJI should consult four seniormost judges (THIRD JUDGE CASE : CJI should consult two very senior judges of
of the SC)
the SC)
Qualification of Judge
Citizen + HC judge for 5 yr or HC advocate for 10 yr or an

eminent jurist in opinion of president
Citizen + Judicial office for 10 yrs OR HC advocate for 10 years
Tenure of Judges
Upto 65 yrs (any question on age to be decided by such

authority as specified by Parliament)
Upto 62 years (question on age is to be decided by president

after consultation with CJI and decision of P is final)
Removal of Judge
By president on recommendation of Parliament on ground of

proved misbehaviour or incapacity
SAME procedure
Process as per The Judges Enquiry Act, 1968 :

Removal motion signed by 100 MP of LS or 50 MP of RS to
chairman / speaker who may admit / refuse it
He constitute 3 member committee - (a) CJ or judge of SC,
(b) CJ of HC ( c) a distinguished jurist
Committee find judge guilty of misbehavior or suffering
from incapacity, then house can take up motion
Passing of motion by each house by SPECIAL majority
Address is presented to president for removal who then
passes the order
Salaries etc
Determined by parliament which cannot be varied except in

case of financial emergency
Adhoc / Additional / Acting ADHOC JUDGE : When there is lack of quorum of the Judges of
Judge
the Supreme court available to hold or continue any session of
the Court, the CJI may appoint judge of HC as judge of SC for
temporary period.
Condition
SAME
Addl Judge : Appointed by PRESIDENT for max 2 yrs (or 62 yrs)
when there is temporary increase in business or arrear of work
Acting Judge : in place of Other judge (Not for CJ) when :(max 62
yrs) :
(a) he is unable to perform his duties due to absence or otherwise
(b) he is appointed to act as CJ
a. After consultation with CJ of concerned HC and previous

consent of president
b. Judge appointed shall be qualified to be a SC judge
Retired Judge
CJI can request to retired SC judge or retired HC judge (who is

qualified to be SC judge) to act for temporary period
CJ of that HC can request to retired HC judge of any state to act

for temporary period
Condition
Condition
a. Previous consent of president and consent of person

concerned
b. He will have all jurisdiction power ,privilege but he will not
be deemed to be judge of SC
a. Previous consent of president and consent of person

concerned
b. He will have all jurisdiction power ,privilege but he will not
be deemed to be judge of HC.
Expenses charged
Salary etc are charged on the CFI
Conduct of judges
Cannot be discussed in parliament or state legislature except on SAME

impeachment motion
Charged to CF of that state. Pension are charged to CFI.
Ban on practice after

retirement
Yes
YES
Writ jurisdiction
Only for enforcement of fundamental rights . Parliament can

confer addl power to SC
For any purpose even for enforcement of ordinary legal rights.

CAN issue writ to any person, authority of govt not only within its
territorial Jurisdiction(TJ) but also outside its TJ if the cause of
action arises within its TJ.
Civil matters
Only on Substantial Question of law & if HC certifies on appeal

against judgment of HC
First appeal :
Order or judgment of District courts, addl district courts and
other subordinate court lie directly to HC on both ques of law &
fact, of the amount exceed a specified limit
Second appeal :
Only on ques of law
Intra Court appeal : between Calcutta, Bombay & Madras HC
Jurisdiction on criminal
matters
If the HC :
Has on appeal REVERSED the ACQUITTAL (non guilty) of
accused and sentenced him to death or life imp or for 10
yrs
Has taken before itself any case from any subordinate
court and convicted the accused and sentenced him to
death or life imp or for 10 yrs
Certifies it for SC
Contempt of Court
It has power to punish by :

Simple jail upto 6 mnths
Fine upto Rs 2000
Or both
Other power
Original exclusive jurisdiction for dispute in election of P/ VP

It is a self correcting agency i.e. it can review its own
judgement or order.
Advocates
Senior Advocates : Designated by SC or any HC. They have to

appear along with ADVOCATE ON RECORD in SC or any other
junior in any other court or tribunal in India. CANNOT draw
pleadings or affidavit, advise on evidence or any drafting work
etc.
For contempt of any court in INDIA.

HC can also review its own decision . However there is no such
provision in constitution
Advocates-on-record : Only these advocates CAN FILE

DOCUMENTS before the SC. They can also appear & argue.
Other Advocates : They are registered on the roll of any state
bar council and can appear and argue matters in SC on behalf
of any party BUT CANNOT FILE ANY DOCUMENT OR MATTER
before the Court.
Transfer of Judges
Jurisdiction
From one HC to another by President after consultation with CJI.

Third Judge case : CJI should consult 4 seniormost judges of SC
and CJ of both HC.
Parliament cannot curtail but can extend
Special Powers
As far it is specified in constitution, it cannot be curtailed. If not

mentioned, can be change by both Parliament & state legislature.
1. It can authorize the Parliament to make a law on state subject.

2. It can authorize to create new All India Services common to
both the state and centre.
The collegium controversy

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

formation of the opinion of the CJI. The sole, individual opinion of the CJI does not constitute consultation.
The CJI can only make a recommendation to appoint a judge of the Supreme Court and to transfer a Chief Justice or puisne judg e of a High Court
in consultation with the four senior-most judges of the Supreme Court. As far as the High Courts are concerned, the recommendation must be
made in consultation with the two senior-most judges of the Supreme Court.
The CJI is obliged to comply with the norms and the requirement of the consultation process in making his recommendations.
Recommendations by the CJI without [such compliance] are not binding upon the government.
The transfer of High Court judges is judicially reviewable only if the CJI took the decision without consulting the other four judges in the Supreme
Court collegium, or if the views of the Chief Justices of both High Courts [involved in the transfer] are not obtained.
The CJI is not entitled to act solely in his individual capacity, without consultation with other judges of the Supreme Court, in respect of materials
and information conveyed by the Government for non-appointment of a judge recommended for appointment.
The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or transfer of a puisne judge. The consultation
need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court .
What moves were taken to correct these?

The Law Commission in its 214th Report on 'Proposal for Reconsideration of Judges cases I, II and III' recommended two solutions:
* To seek a reconsideration of the three judgments before the Supreme Court.

* A law to restore the primacy of the Chief Justice of India and the power of the executive to make appointments.
What is the suggested alternative to the collegium?
A Judicial Appointment Commission - the Commission is likely to consist of seven members the Chief Justice of India and two senior-most
judges of the Supreme Court, the Law Minister, two eminent jurists nominated by the President, and the Leader of the Oppositi on. The
commission would decide the appointment and transfer of judges and probe cases of misconduct by judges, including those from the highest
judiciary.
The present proposal will require a constitutional amendment.
Presidential Reference u/A 143

In 2 cases :
On ques of law or fact of PUBLIC IMPORTANCE
SC may tender or REFUSE to give opinion
On any PRE-CONSTITUTION treaty, agreement etc SC MUST tender its opinion
Opinion given by SC is advisory in nature and not a judicial pronouncement and hence not binding on president
Legislatures
16 June 2013
21:18
Particulars
Rajya Sabha
Lok Sabha
Composition
Max 250 members = 238 Elected + 12 Nominated
Max 552 members = 530 states + 20 UT + 2 Anglo Indian

(nominated)
Allocation
On basis of population from each state & UT. However, only

By Delimitation Commission
Delhi & Puducherry have representation. Other UT population is
negligible to have UT
Election
By proportional representation by mean of single transferable

vote
Electorate : Elected MLA
By direct election
Duration
Permanent Body not subject to dissolution - 1/3rd member

retire in every 2 years - members are eligible for re-election &
re-nomination
Normal = 5 years from the date of its first meeting after the
election. Period can extended during national emergency by a
law of parliament for 1 yr at a time for any length of time. But
upto max 6 mnths after emergency ceases.
Term of office
6 years
Qualification
Citizen + Min 30 years + Elector
Quorum
1/10th of the total strength of the house incl presiding officer
1/10th of the total strength of the house incl presiding officer
Leader of the House

(under rules of the
house)
Minister who is MP and nominated by PM
Prime Minister or minister who is MP and nominated by PM
Demand for grants
RS has no power to vote on demand of grants
Disqualification
Sl. No. Person Who can remove ?
Condition
President acting on the opinion of the Election Non - Justiciable

commissioner
Disqualification under constitution or the representation
Under Defection law- Schedule X
MP
MP
Lok Sabha speaker / Rajya Sabha Chairman
MLA
Governor acting on the opinion of the Election Non - Justiciable

commissioner
Disqualification under constitution or the representation
Speaker / Chairman of LA / LC
Under Defection law- Schedule X
MLA
Justiciable
of People Act, 1951.
Justiciable
of People Act, 1951.
Territorial Constituencies
2 principles :
For every state : Ratio of ( No of seat in each state / Population of state ) = equal for each state
Within state : Ratio of (population of each constituency / No of seats allotted) = same throughout the state
Seats are also reserved for SC / ST on the basis of population ratio.
Disqualifications : Pg 22.5 Book - Under Constitution & the representation of People Act, 1951 - Any question on disqualification is decided by
President on the opinion of election commissioner and his decision his final.
Defection law (Tenth schedule)
Left political party

Contrary voting
Independent MP join any party
Nominated MP join any party after 6 months
Decision by Lok Sabha speaker / Rajya Sabha Chairman - subject to judicial review
Vacation of office
Double membership :
a) If elected to both house simultaneously, choose 1 in 10 days. If not - vacate rajya sabha seat
b) MP elected to another house --> seat in first house vacant
c) If elected to 2 seat in a house, exercise option --> else both seat will get vacant.
d) If MLA become MP, resign as MLA within 14 days --> seat of MP gets vacant
Disqualification : incl defection law
Resignation : addressed to speaker / chairman - when accepted
Absence : for 60 days without its permission . Period does not include any period during which house is prorogued or adjourned for
more than 4 consecutive days.
Other cases :
a) Election void by high court (Representation of People Act enables HC to declare an election void if a disqualified
candidate is elected. Appeal lies to SC)
b) Expelled from house
c) Elected as P / VP /governor
Lok Sabha speaker

He is the final interpreter of the (i) Constitution, (ii) the rule of procedure and conduct of business of Lok Sabha , (iii) the parliamentary
precedents within the house.
He cannot vote but can cast only casting vote.
He presides over the joint sitting of the parliament summoned by the PRESIDENT.
He decides whether a bill is money bill or not and his decision is final. Also certifies it to be money bill.
He is the ex officio chairman of the Indian Parliamentary Union.
He appoints the chairman of all parliamentary committees of Lok Sabha and his himself chairman of the Business Advisory , the Rules & the
General purpose committee.
His work cannot be criticized in Lok Sabha except on a Substantive motion
Rank in the order of precedence - 7th along with CJI - higher than all cabinet ministers except PM (3) / DPM (5A)
Deputy Speaker Lok Sabha

Special Privilege : He automatically becomes chairman whenever he is appointed as member of any parliamentary committee.
Panel of chairpersons of Lok Sabha / Vice chairman of Rajya Sabha

Nominated by speaker / chairman from MP --> max 10 chairpersons -- > any of them presides house in ABSENCE (VACANCY) of the speaker /
chairman & deputy speaker / deputy chairman. In case of vacancy, President appoint among members of the house and fresh elect ion are
held.
Speaker Pro Tem

Normally a speaker tenure = before the first sitting of newly elected Lok Sabha. So till appointment of a new speaker, temporary
speaker is appointed.
Appointed by president --> any MP usually senior most MP.
Function : preside first sitting , administer oath to new members, enable to elect new speaker
Chairman of RS = VP of India
He is not the member of the house
Leader of Opposition is of a political party having at least 1/10th seat of the total strength of the house. He is accorded s tatus equivalent to a
cabinet minister.
Sessions of Parliament
Language - Hindi & English. Mother tongue with the permission of the PO
The max gap between 2 sessions (first sitting to its prorogation / dissolution) of parliament cannot be more than 6 months.
1 SESSIONS --> Many MEETINGS --> 2 SITTINGS (in a meeting) --> a sitting can be terminated by Adjournment or Adjournment sine die
or prorogation or dissolution (of LS).
Adjournment : suspend the work for a specified time from hours to weeks
Adjournment sine die : terminating without naming a day for reassembly (i.e. for an indefinite period)
Power of both is with presiding officer of house. He can also recall house at any time (even before specified time)
Prorogation :
Adjournment
Prorogation
It terminates a SITTING
It terminates a SESSION
By Presiding officer
By president
By Presiding officer
By president
No effect on pending bills
No effect on pending bills . However, pending notices (other than those

for introducing bills) lapse.
Dissolution : All pending (before LS or its committee) bills , motions, resolutions, notices, petition and so on lapses
Bill pending in LS lapses

Bill passed by LS pending in RS lapse
President notifies joint sitting before dissolution -> does not lapse
Pending in RS >> does not lapse
Awaiting president assent >> does not lapse
Returned by president for reconsideration >> does not lapse
Question Hour
First hour of every parliamentary SITTING >> ministers answer the questions.
A member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating his intention to ask a question giving the
text of the question & Minister to whom the question is addressed as also the date on which the question is desired to be placed on
the list of questions for answer as also the order of preference, if any, for its being placed on the list of questions when a member
tables more than one notice of questions for the same day.
The normal period of notice of a question is not more than twenty-one and not less than ten clear days. A short notice question can be
asked with a notice shorter than ten days, but the member has to state briefly the reasons for asking the question at short notice.
3 types :
Starred question : for oral answer, marked with * . Supplementary ques follows. Max 20 in a day
Unstarred : requires a written answer. Max 230 in a day. In addition, 25 ques in relation to states under president rule can be
included.
A Short notice question : matter of urgent public importance, notice of less than 10 days, answered orally.
Zero Hour
Time period between end of question hour and the time of agenda (normal business) of day.
Not a part of rules of procedure >> Informal device
Half an hour Discussion
Short Duration Discussion
Discussing a matter of SUFFICIENT public importance
URGENT public importance
Speaker can allot 3 days in a week for such discussion
Max 2 hours
Max 2 days in a week
No formal motion or voting
No formal motion or voting
Legislative procedure in Parliament

Public Bill
Private Bill
Its introduction requires 7 DAY notice
Its introduction requires 1 month notice
Ordinary Bills
Money Bills (matters specified in Article Financial Bills I (Article 117 (1))
110) -part of Financial bill
Financial Bills II (Article 117 (3))
General
It contains ONLY matter specified in

Article 110 i.e. Taxation / Regulation of
borrowing powers / CFI / Contingency
funds
Along with article 110 matter, also

matter of general legislation.
Exp from CFI but does not include any

matter of Article 110
Either in LS or RS
Only in LS
Only in LS
Either in LS or RS
By a minister or any private

member
By a minister
By a minister
By a minister or any private member
President Recommendation NO
YES
YES
NO for introduction.
However, it cannot be passed by
either house unless recommendation
of president is received for
consideration of the bill.
RS can amend or reject
Only recommend within 14 days. If not

recommended, deemed passed
It can be retained by second house

(after been passed by house in
which it was introduced) for max 6
months , it results in deadlock
It can be retained by second house

(after been passed by house in which it
was introduced) for max 6 months , it
results in deadlock
It can be retained by second

RS - only for max 14 days
house (after been passed by
house in which it was
introduced) for max 6 months ,
it results in deadlock
it results in deadlock
President - Assent / reject/
reconsideration
Only assent or rejection

reconsideration

reconsideration
Joint sitting - YES
NOT required
YES
YES
Joint sitting
In 3 situations :
Bill is rejected by other house
Disagreement on amendment
More than 6 mnths elapsed since date of receipt of bill in second house. For calculation ,the period during which the house is prorogues or
adjourned for more than 4 consecutive days is not to be counted.
Then P can summon joint sitting

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

Budget contains demand of grants by various ministries. For evaluating, 24 departmental standing committee examine and discuss in detail the
demand and prepare report and submit the same to both houses.
Only LS can vote on demand for grants. A demand becomes a grant after it is duly voted.
Voting is confined only to votable part. Exp charged to CFI can only be discussed.
General Budget - total 109 demands (103 civil & 6 defence exp) , Railway budget - 32 demands.
CUT MOTION : to reduce any demand for grant :

Policy cut Motion : disapproval of policy underlying demand. Reduce demand to Rs. 1
Economy Cut Motion : Reduce lumpsum amt or certain item of demand
Token Cut Motion : Book Pg 22.27
Appropriation Bill
No money can be withdrawn from CFI except under appropriation made by law. So an appropriation bill is reqd to withdraw money to meet (a)
grants voted by LS (b) exp charged to CFI.
VOTE ON ACCOUNT : to withdraw money till bill is passed, grant in advance is made - generally granted for 2 months and max upto 1/6th of the
total estimation.
Excess Grant
When money spent is in excess of the amount granted for that service
Voted by LS after that financial year
Before voting, it must be approved by PUBLIC ACCOUNTS COMMITTEE OF PARLIAMENT.
Other
There are 3 financial committees : (a) Public Accounts Committee (b) Estimates committee and Committee on PSU.
Rule of lapse : If the granted money is not spent in the FY, the balance expires and is credited back to CFI. So it leads to March Rush.
State legislature
Only 6 states have bicameral house - J&K, Bihar, UP, Karnataka, Maharashtra, AP.
The very existence of LC depends upon the will of LA. The LC can be abolished by Parliament on the recommendation of LC.
Creation of legislative council :
Passing of resolution by the state assembly by a SPECIAL majority
Parliament passes an Act by simple majority. It is not deemed to be an amendment to the constitution under Article 368.
Particulars
LA
LC
Composition
Max 500 & Min 60.

For Arunachal Pradesh, Sikkim & Goa - Min 30
Indirectly elected.
Max = 1/3rd of total strength of LA
For Arunachal Pradesh, Sikkim & Goa - Min 30

For Mizoram & Nagaland - Min 40 & 46 respectively
Some members of Sikkim & Nagaland are also elected
INDIRECTLY.
Max = 1/3rd of total strength of LA

Min - 40
1 nominated MLA by Governor from Anglo Indian Community

Manner of election
Direct Election
5/6 members are elected by system of proportional

representation by mean of STV.
1/6 nominated by Governor ( cannot be challenged)
Manner (5/6th) : Parliament can modify the composition
a. 1/3 by member of local bodies in the state
b. 1/12 by graduates of 3 yrs standing and residing within the
state
c. 1/12 by teachers of 3 yrs standing within the state, not
lower in standard than secondary school
d. 1/3 by MLA from person other than MLA
Duration
Normal = 5 years from the date of its first meeting after the
election. Period can extended during national emergency by a
law of parliament for 1 yr at a time for any length of time. But
upto max 6 mnths after emergency ceases.
Permanent Body not subject to dissolution - 1/3rd member retire

in every 2 years - members are eligible for re-election & renomination any no of times.
Max 6 years
Qualification
Citizen + Min 30 years + Elector + Resident of concerned state for

governor nomination.
Quorum
10 MLA or 1/10 th of strength whichever is greater
10 MLA or 1/10 th of strength whichever is greater
Passing of Bills
If bill has originated in LC and rejected by LA, the bill end and
becomes dead.
If the :
Assembly rejects amendment suggested by LC
LC reject the bill
LC does not take action for 3 months
The assembly may pass the bill again and send it to LC. If the LC :
Passes with amendment not acceptable to LA
LC reject the bill
LC does not take action for 1 months
Then the bill is deemed to be passed by both houses.
Joint Sitting
Reconsideration
Money Bill - exactly

same as in case of
parliament
NOT REQD
Sent by Governor
Sent by President
If houses pass bill again with or without amendment, the

governor MUST give his assent.
The bill is to be reconsidered within 6 months. The P is not

obliged to give its consent.
P cannot return the bill for reconsideration . He must give or

withhold assent.
08 May 2013
22:03
Constitutional Bodies
Statutory Body
Executive Resolution
Election Commission (324) (Election of MP, MLA ,

President, VP ) Multi member body (as on today)
Joint State Public Service Commission

(JSPSC)
Planning Commission
State Election Commission (for election to Panchayats &

Muncipalities)
National Commission for

Women
Minorities
Backward classes
Protection of child rights
Human right commission
National Development Council
UPSC (315-323)
CVC
Finance Commission (280)
Central Information Commission
National Commission for SC (338) - also meant for OBC

& Anglo -Indian Community
National Commission for ST (338-A)
Special Officer for linguistic Minorities (350-B) under
Ministry of Minority Affairs
CAG (148)
Attorney General of India (76)
Advocate General of the state (165)
Mode of Appointment
Sl. No. Person
Who appoints ?
Qualification
Condition of service & tenure

of office
Chief Election Commissioner and

other commissioners
President
Nil
President (6 yrs or 65 age- can

resign/ removed)
Regional Commissioner
President after consultation

with the Election Commission
Nil

resign/ removed)
UPSC - Chairman & other

members
President
Atleast half members should

have hold office for atleast 10
yrs in GOI or GOS

resign/ removed)
SPSC - Chairman & other members Governor of the state
Atleast half members should

have hold office for atleast 10
yrs in GOI or GOS
Governor (6 yrs or 62 age- can

resign/ removed)
JSPSC
For 2 or more states on the

request of the SL concerned.

resign/ removed)
Finance Commission - Chairman & President every 5th year or

4 other members
earlier
Specified by parliament.
Period specified by President
President
Chairman - Person having exp in

public affairs
Members - from among follow :
HC judge or 1 qualified
Person with special
knowledge in finance/
accounts of govt
Person with wide exp in
financial matters and in
administration
Person with special
knowledge of economics.
National Commission for SC / ST chairman, vice chairman & 3

members
President
Period specified by President
CAG
President

resign/ removed)
Attorney General of India (76)
President
Qualified to be judge of SC i.e.

Specified by president
citizen of india & ..
Has been judge of HC for 5
yrs
An advocate of some high
court for 10 yrs
Eminent jurist in opinion of

president
10
Advocate General of the state
Governor
Qualified to be judge of HC i.e. Specified by Governor

citizen of india & ..
Must have held a judicial
office for 10 yrs
An advocate of high court
for 10 yrs
president
11
Chairman & Members -National

Human Right Commission
President
Recommendation from the 6

member committee Prime Minister (Head)
Speaker of the Lok Sabha
Deputy Chairman of the Rajya
Sabha
Leader of Opp in both houses
Central Home Minister
Determined by Central Govt

(5 yrs or 70 age- can resign/
removed)
Further sitting judges of SC /

HC can be app after
consultaion with CJI.
12
Chairman & Members - State

Human Right Commission
Governor

member committee Chief Minister (Head)
Speaker of the Legislative
Assembly
Chairman of the Legislative
Council
Leader of Opp in both houses
State Home Minister
(5 yrs or 70 age- can resign/

removed)
Further sitting judges of HC /

DC can be app after
consultaion with CJ of HC of
that state
13
CVC - Chairman & Members
President
Recommendation from the 3 (4 yrs or 65 age- can resign/

member committee removed)
Prime Minister (Head)
Same as that of UPSC
Union minister of Home affairs
Leader of opp in Lok Sabha
14
CIC - Chief information

commissioner and max 10 IC
President
They should not be MP, MLA

They should not hold any
other office of profit or
connected with any political
party or carrying on any
business or profession.
5 yrs or 65 age-not eligible for

reappointment - can resign/
removed.
Same as that of Election
Commissioner

member committee Prime Minister (Chairperson)
Union cabinet minister
nominated by PM
Leader of opp in Lok Sabha
15
SIC - Chief information

commissioner and max 10 IC
Governor
They should not be MP, MLA

They should not hold any
other office of profit or
connected with any political
party or carrying on any
business or profession.
member committee Chief Minister (Chairperson)
State cabinet minister
nominated by CM
Leader of opp in LA
Salary etc
Not a charge -subject to vote in Parlianment
Charged on CFI
Admin exp of Election Commission
Chairman & Members of UPSC
5 yrs or 65 age-not eligible for

reappointment - can resign/
removed.
CAG
Salary and allowances of Lok sabha speaker or deputy speaker / RS
chairman or deputy chairman
Expenditure / allowances relating to President and his office
Salary / All / PENSION of SC Judges
PENSION of HC judges
Debt charges incl interest, redemption charges etc relating to loan of
GOI
Any other amt declared by parliament
Procedure of Removal
Sl. No. Person
Who can remove ?
Condition
Chief Election Commissioner (CEC)
Resolution in both houses of parliament

with special majority
Proved Misbehavior or Incapacity
Other / regional Election Commissioner
On recommendation of CEC
UPSC & SPSC - chairman or any other

member
President
General
Insolvent
Engages in paid employment
In opinion - unfit - due to infirmity (weak) of
mind or body.
Special - SC binding opinion - for misbehaviour
CAG
Resolution in both houses of parliament

with special majority
Attorney General of India
President
Advocate General of State
Governor
National Human Right Commission Chairman & members
President
Proved Misbehavior or Incapacity
General
Insolvent
unfit - due to infirmity (weak) of mind or body.
Unsound mind declared by a competent court
Convicted and sentenced for an offence
Special - SC opinion - for proved misbehavior
or incapacity, president can remove
State Human Right Commission Chairman & members
President
Same as above
CVC - Chairman or members
President
General
Insolvent
unfit - due to infirmity (weak) of mind or body (in
opinion of president)
Acquired any financial or other interest as is
likely to prejudicially affect his official functions
Convicted of an offence which in the opinion of
CG involve moral turpitude
Special - SC opinion - for proved misbehavior
or incapacity, president can remove
10
CIC
President
Same as 9
11
SIC
Governor
Same as 9
Retiring person as below can accept further appointment in GOI

or GOS
Cannot accept
Election Commissioner
Chairman of UPSC
Member of UPSC - only as chairman of UPSC or SPSC
Chairman of SPSC - only as member or chairman of UPSC or
chairman of any other SPSC
Member of SPSC - only as chairman or member or UPSC or
chairman of any SPSC.
CAG
Chairman or members of National & state Human Right Commission
Chairman or members of CVC
Can take part in Parliament without right to vote
Can take part in Parliament without right to vote

Attorney General of India ( in both houses)
Composition
National Development Council
Prime Minister
All Cabinet Ministers
CM of state / UT
Members of Planning Commission
National Human Right Commission
Chairman - Retired Chief Justice of India

4 Members Serving or retired judge of SC
Serving or retired judge of HC
2 person having know/ exp in human rights
Four ex-officio members Chairman of National commission for Minorities, SC, ST, Women.
State Human Right Commission
Chairman - Retired Chief Justice of High court

2 Members Serving or retired judge of HC or District Judge in the state having 7 yrs exp
1 person having know/ exp in human rights
CVC
Chairman & max 2 commissioners
Other concepts
28 May 2013
22:25
Importance of Booth level Officer (BLO) - introduced in 2007

Custodian of electoral roll - its preparation - removing the names of dead and shifted voters
To ensure door-to-door distribution of voter-identification slips to voters.
Delimitation Commission of India

Delimitation commission or Boundary commission of India is a Commission established by Government of India under the provisions of the
Delimitation Commission Act. The main task of the commission is to redraw the boundaries of the various assembly and Lok Sabha constituencies
based on a recent census.
The 84th amendment Act froze the re-adjustment of seats in the Lok Sabha to the states and the division of each state into territorial
constituencies till 2026 (to encourage population limiting measures). However, the 87th amendment Act, 2003 provided for delimitation of
constituencies on basis of 2001 census without altering the number of seats allotted to each state in the Lok Sabha.
The number of SC and ST seats in a state are changed in accordance with the census of 2001. (CEC is member of commission)
Proportionality jurisprudence
Derived from courts in North America and Europe, proportionality jurisprudence calls on a court to decide whether the government used the
least injurious means available to it while depriving a person of his fundamental rights.
Misinterpreting the proportionality doctrine in the Comedy Central case (TV Programme 10 day ban by govt), the Delhi High Court worryingly held
that it would only find government censorship disproportionate if it shocks the conscience of the court. This is highly problematic after all,
fundamental rights will become exceedingly hard to enforce if every government action must go to the unthinkable extreme of shocking the
conscience of the court in order for it to be held illegal.
Quasi Judicial Body

A quasi-judicial body is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and
procedures resembling those of a court of law or judge, and which is obligated to objectively determine facts and draw conclusions from them so
as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and may affect the legal rights,
duties or privileges of specific parties.
Serious Fraud Investigation Office (SFIO) - so far non-statutory body - CHIT fund ghotala by sharda group in Bengal
The SFIO was established in 2003, as a body of the Ministry of Corporate Affairs, on the basis of the recommendations in the Naresh Chandra
Committee Report on Corporate Audit and Governance.
It is a multi-disciplinary team that not only uncovers the fraud, but is able to direct and supervise prosecutions under various economic legislations
through appropriate agencies.
As per its charter, the SFIO is to investigate those cases that are complex in nature and involve inter-departmental and multi-disciplinary
ramifications. Accordingly, the staff of the SFIO includes experts in varied fields such as accountancy, forensic auditing, investigation, law, taxation,
information technology, capital markets and financial transactions.
Among the high profile cases investigated by the SFIO, the Satyam scandal is perhaps the most notorious. The SFIO has also probed the alleged
Rs.870 crore fraud in Reebok India. It has also spearheaded the investigation into Sesa Goas alleged over and under invoicing of exports and
imports worth over Rs.1,000 crore.
Shortcomings Its powers are largely restricted to examination of documents and it does not have the powers of search, seizure and arrest. The
SFIO also operates within an elaborate matrix of investigating bodies with overlapping authority over such cases; the CBI, the Central Economic
Intelligence Bureau, the Reserve Bank of India and the Securities and Exchange Board of India (SEBI) being some of the other bodies which have
also been granted investigative roles and powers.
Under the Companies Bill
In The Companies Bill 2012, SFIO will be a statutory body with the ability to initiate prosecution when directed by the Central government. The
investigation report filed by the SFIO with the criminal court, for framing of charges, will be deemed to be a report filed by the police under the
Code of Criminal Procedure. This measure will avoid duplication of duties and delay. The director of the SFIO will have the power to arrest persons
if he has reason to believe that such persons are guilty of certain offences, including fraud under the Companies Bill.
An investigator of the SFIO will have the powers vested in a civil court under the Code of Civil Procedure with respect to discovery and production
of books of accounts and other documents, the inspection of books, registers and other documents and the summoning of and enforcing of
attendance of persons.
Significantly, the Bill attempts to pre-empt the confusion caused by multiple agencies investigating the same case. Where a case has been
assigned to the SFIO, no other investigating agency of the Central or the State government is to proceed with investigation. Further, any other
investigating agency, State government, police or income tax authority having information or documents with respect to an offence being
investigated by the SFIO is required to make such documents available to the SFIO.
Absolute v/s Ordinary majority v/s Special majority

Ordinary : majority of the members present and voting in the house
Absolute : majority of the total members of the house
Special : majority of the total members of the house & not less than 2/3rd members present & voting
Exclusive original jurisdiction of SC
Exclusive original jurisdiction of SC

Exclusive : no other court can decide such dispute
Original : the power to hear such appeal on first instance and not by way of appeal
On a question of law or FACT on which legal right depend and thus political rights are excluded
Dispute only involving state and centre
Exception : pg 23.6
Indian order of precedence

The Order of precedence of the Republic of India is the protocol list (hierarchy of important positions) in which the functionaries and officials are
listed according to their rank and office in the Government of India. The order is established by the President of India, and is maintained by
the Ministry of Home Affairs. It is only used to indicate ceremonial protocol and has no legal standing; it does not reflect the Indian presidential
line of succession or the co-equal status of the separation of powers under the Constitution. It is also not applicable to day to day functioning of
Government of India.
http://en.wikipedia.org/wiki/Indian_order_of_precedence
table_of_...
Due process of law v/s Procedure established by law

In India there exist a synthesis of American principle of Judicial supremacy and the British principle of parliamentary supremacy.
Due process : American SC can declare law violative of rights VOID not only on substantial grounds of being unlawful but also on procedural
grounds of being unreasonable.
Procedure. : Our SC examine only substantive question . .it does not determine its reasonableness, suitability or policy implication.
Major Differences between First Appeal and Second Appeal
First Appeal:
1. The First Appeal can be admitted on the grounds (1) question of fact; and also (2) question of law.
2. The First Appeal can be entertained by subordinate Courts to District Judges Court and to High Courts. Example: An appeal from the District Munsiff
Magistrate s Court or Subordinate Judges Court to the District Judge.
Second Appeal (case heard already by 2 subordinate court) :
1. The Second Appeal can be admitted only on the point of substantial question of law.
2. The Second Appeal can only be entertained by the High Court.
Union and its territories

04 July 2013
21:32
Dadra and Nagar Haveli Portuguese
Goa
Portuguese
Daman & Diu
Portuguese
Puducherry
French
Special provisions are there for :

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

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Constitution

Secular character of Indian Constitution - Read pg 3.5

Articles and brief provisions Page 1

Right to Equality 14-18

Equality before law and equal

1. Prohibition of discrimination on Citizens State can make special provisions for :

Immunity to P, G, MP, MLA, Diplomats, Ambassadors,

Access to shops, public

Equal opp in public emp (No

Religion, Race, Caste, Sex, Place of

Parliament can prescribe residence as a condition for

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

Articles and brief provisions Page 1

Protection of Civil Rights Act, 1955 - Civil Rights mean any

certain classes of persons by

for election as MP / MLA.

SC - Article prohibits only heredity titles of nobility. Merit

Freedom of speech and expression

Citizens Article 19 can be suspended only in

Does not include right to strike/

No ex-post-facto law (only for

Protection of Life and Personal Liberty except

Cannot be suspended in national

Right to free and compulsory education betwn 6-14

Prevention against Arbitrary Arrest and Detention Pg 7.14

Cannot be suspended in national

Prohibition of all forms of forced labour as well as

Prohibition of employment of children

Only available to Citizens

Articles and brief provisions Page 2

the services of the State..

Article 19 - reasonable restrictions

Friendly relations Public

Defamati Incitemen Interest of the Interest

Preventive Detention - Article 22

Protections available to DETENU :

Articles and brief provisions Page 3

Law become inoperative on expiry of 6 mnths after emergency

MLA CANNOT make law on that subject (surrender of power)

To implement international agreement

Such law remain in force even after P rule. It has to be repealed

4. Centre control over State legislation

Centre >> State By President

State >> Centre

Articles and brief provisions Page 1

State >> Centre

Without Consent Centre >> State By Parliament

Relations during emergencies

Assigned to that state

Appropriated between Union & state as determined by parliament

Assigned to concerned states as per principle laid down by parliament

Surcharge on 3 & 4 above

Determined by President on recommendation of Finance commission

Protection of state interest

Within & Outside

Within limit fixed by parliament ( no

Borrow or give Guarantees

Within India ONLY Within limit fixed by SL

Borrow or give Guarantees

Loan to SG or give gurantee in respect of

INTER-STATE WATER DISPUTES (ARTICLE 262)

Articles and brief provisions Page 2

INTER-STATE WATER DISPUTES COUNCILS (ARTICLE 263)