INDEX

1 Historical Background 1
2 Salient Features of India Constitution 3
3 Sources of the Constitution 5
4 Preamble of the Constitution 6
5 Union and its Territory 7
6 Citizenship 9
7 Fundamental Rights 12
8 Writs 15
9 Directive Principles of State Policy 16
10 Fundamental Duties 17
11 Types of Majority 18
12 Basic Structure of the Constitution 19
13 Parliamentary Committees 20
14 Parliamentary System 24
15 Centre - State Relations 26
16 Inter - State Relations 30
17 Emergency Provisions of Indian Constitution 32
18 President 33
19 Vice - President 35
20 Prime Minister 36
21 Parliament 38
22 Comparison of Various Bills 41
23 Governor 42
24 State Legislature 44
25 Supreme Court of India 51
26 High Courts 59
27 Subordinate Courts 67
28 Tribunals 69
29 Panchayati Raj 71
30 Municipalities 81
31 Scheduled and Tribal Areas 87
32 Constitutional Bodies 88
33 Non - Constitutional Bodies 94
34 Niti Ayog 99
35 Elections 101
36 Election Laws 102
37 Anti-Defection Law 104
38 Indian Political Parties 105
39 Parts in the Indian Constitution 106
40 Schedules in the Indian Constitution 107
41 Important Constitutional Amendments 108
42 Important Supreme Court Judgements 110
43 Important Doctrines 113
44 Order of Precedence in the Republic of India 117
 Historical Background

The Company Rule Amending Act of

(1773–1858) 1781
Exempted Gov-Gen and servants

·
form jurisdiction SC
Regulating Act of Excluded revenue matters too
1773 Appeals from Provincial Courts to
Gov-Gen-in-Council not SC
Governor of Bengal as Governor-
General of Bengal (Governors of
Bombay & Madras subordinate to him)
Warren Hastings - 1st Gov-Gen
Executive council of 4 members Pitt’s India Act of
Supreme Court at Calcutta established 1784
Court of Directors - commercial
affairs, Board of Control - political
affairs
Company’s territories - ‘British
possessions in india’
British Gov supreme control over
Charter Act of 1853 company
Established separate Gov-Gen’s

=
Legislative Council - Indian Legislative
Council
Amending
Act of 1786

-
Covenanted civil services was opened to
Indians also Gov-Gen also be
Local representation in the Indian Commander-in-Cheif
~Legislative Council (4/6 was local) Overriding power on
System of open competition for council’s decisions

Sh
selection of civil servants *

Charter Act of
Charter Act of 1833 1793
Gov-Gen of Bengal as Gov-Gen of India Extended trade monopoly of the

: William Bentinck - 1st Gov-Gen of India

Company from commercial body to
company for 20 more years
Board of Control paid from Indian
administrative body revenues

Charter Act of 1813

Abolished trade monopoly but tea trade and

=
trade with China continued
Asserted the sovereignty of the British Crown
over the Company’s territories in India.
Allowed Christian missionaries into India
Provision for spread of western education
*- This is the original logo of British
Authorised Local Govt to impose taxes East India Company, used for
Company’s territories in India were held by it ‘in representation purposes only
trust for His Majesty, His heirs and successors’.
1
 The Crown Rule
(1858-1947)

Government of India Act of

Indian Councils Act of 1861

i
1858
Indians as non-official members to

E
‘Act for the Good Government of India’
Viceroy’s Legislative Council
Power transferred from Company to Crown
Restored legislative powers to Bombay
Gov-Gen of India to Viceroy of India
and Madras presidencies
Lord Canning - 1st Viceroy
Introduced ‘Portfolio System’
Created Secretary of State for India & 15
Power to issue ordinances during
member council to assist him
emergencies

Indian Councils Act of

Indian Independence Act of 1892
1947 Nomination of some non-official
Ended British rule in India members to central and provincial

· Two independent dominions - India &

Pakistan
Freedom to princely states either to join
councils on the recommendation of
Provincial Legislative Councils and local
bodies respectively
India, Pakistan or remain independent Thus limited and indirect provisions for
elections

:
Government of India Act of Indian Councils Act of
1935 1909
Established All-India Federation (provinces & Also known as Morley-Minto reforms

:
princely states as units) Allowed non-official majority in
Powers divided into Federal, Provincial and Provincial Legislative Council
Concurrent list Allowed Indians in executive council
‘Provincial autonomy’, responsible Govts in of Viceroy - Satyendra Prasad
provinces Sinha(1st person, as a law member)
Dyarchy abolished at Provinces, established in Separate electorate for Muslims -
Centre system of communal representation
Established RBI, Federal Court, Provincial and Joint Power of Discussing Budget
Public Service Commissions
~ Bicameralism in 6/11 Provinces
Establishment of Federal Court
Government of India Act of
1919
Also known as Montagu- Chelmsford Reforms

E
Demarcation of Central and Provincial subjects
Provincial subjects further divided into
Transferred and Reserved subjects - ‘Dyarchy’
Introduced bicameralism and direct elections
Communal representation extended to other
communities
Office of High Commissioner created
Central Public Service Commission was setup
2
 Salient Features of India Constitution

A) Geographical vastness Federal System with Unitary Bias

B) Influence of GOI act 1935 - already bulky
-
C) Single Constitution tor both centre and Federal Features
-
Lengthiest Written Constitution > Reasons: Unitary FeaturesL
state + ↓
Constitution D) Dominance of legal luminaries in Const. Division of power, two Strong Centre, Single
W -
Assembly Constitution, Single
~ Government, written
Written Unwritten Y Constitution, Citizenship, flexibility of
Independent Judiciary Constitution, Integrated
American Constitution British Constitution etc. Judiciary
Blend of Rigidity and Flexibility
* India - lengthiest of all written Constitution
> Flexible
Rigid Integrated and
↓
↓
Drawn from Various Sources Some features Independent Judiciary
Special
-
procedure for amended similar
GOI act 1935, ~

amendment to ordinary laws

Special Majority Supreme Court
American, British,
S
Irish, Japanese, Rigid Article 368 2/3 majority + Maj W
USSR, South Indian constitution of present & voting
High Court
-

-
African etc... i += +
Flexible Outside art 368 Simple Majority
Parliamentary Form of Government
A) Nominal & Real
Executives
I
v

Subordinate
2 B) Majority party rule Courts
Presidential Parliamentary
) C) Collective responsibility
- -
Eg: USA India Features: of executive to legislature Synthesis of Parliamentary Sovereignty and Judicial Supremecy ↓
- D) Membership of ministers G Integrated - enforces
- both central & state
Different than the British Parliament in legislature Parliamentary Sovereignty Judicial Supremecy
C E) Leadership of PM or CM laws
British India F) Dissolution of lower British Parliament
GAmerican Supreme Court
-
I I
Sovereign house
Not sovereign India
I I
I -
Hereditary Elected head Parliament’s power amend Supreme Court’s judicial
head the Constitution. review
(Monarch)

3
 -

Fundamental Rights Directive Principles of State Policy > ‘Novel Feature’ Fundamental Duties
T I I Added by 42nd Amendment Act
Promote political democracy Not absolute, reasonable restrictions Socialistic Gandhian Liberal-Intellectual
E Promote social and economic democracy Non-Justiciable
Justiciable in nature 3 Not sacrosanct, can be repealed
" Non-Justiciable

Universal Adult Franchise Co-operative Societies > 97th CAA

↓
- -
A Secular State > No state religion Multi-state cooperative > Parliament
18 years of age - Right to Vote societies
-
↓ ↓
From 21 -18 through 61st CAA Other co-operative > State Legislatures
Negative concept of Secularism Positive concept of Secularism societies
↓ ↓
Western concept 3 Indian situation
i Separation between religion and Protecting all religions equally
Single Citizenship - goal - united and integrated Indian nation
state
3 USA + Dual Citizenship Citizen of USA
Independent Bodies Y Bulkworks of democratic system
Y Citizen of particular state
L Y India - Citizen of India only
Election Commission Independence through
CAG +
> UPSC Security of tenure,
SPSC Fixed service conditions,
- Only found in Indian
Expenses charged on the Consolidated Fund of India, and so on Three-tier Government >
Constitution
73rd & 74th CAA
Emergency Provisions To safeguard the sovereignty, unity, integrity and security
of the country, the democratic political system and the Centre
Constitution.
↓
↓ ↓ ↓ State
National Emergency State Emergency Financial Emergency ↓
Local
I Federal structure -Unitary structure

4
 🇷🇺🇦🇺🇮🇳 🇨🇮
🇿🇦 🇩🇪 🇯🇵
~ Federal Scheme
W Office of governor

~Judiciary

V Emergency provisions
Sources of the Constitution

British - Parliamentary Government

🇬🇧
🇺🇸
-Administrative details Constitution L Rule of Law

vPublic Service Legislative procedure

V
Government of India
Commissions Act of 1935 Single Citizenship
~

Cabinet system
Y Prerogative writs, Parliamentary
privileges and bicameralism.
~ Directive Principles of State

Irish
Policy US Constitution
Constitution Fundamental Rights
~ Nomination of members to

Rajya Sabha
Y
Judicial review
~ Impeachment of the President
WMethod of election of
w Independence of Judiciary
President
~ Removal of Supreme Court and

Australian High Court judges and

Constitution v Post of Vice-president.

Canadian
Constitution
Sources of
Concurrent List
the
~Freedom of trade constitution
Commerce and inter-course
~Joint sitting of the two Houses ~ Federation with a strong Centre
of Parliament wVesting of residuary powers in the
Centre
Soviet Constitution z Appointment of State Governors by

(USSR, now Russia) Weimar Constitution the Centre

of Germany -
Advisory jurisdiction of the Supreme
Court
French
vFundamental duties Constitution
v The ideal of justice (social, ~ Suspension of
economic and political) in Fundamental Rights
the Preamble. during Emergency.
~ Republic and the ideals
South African Japanese of liberty, equality and
Constitution Constitution fraternity in the
Preamble.

W Procedure for amendment -

Procedure Established
of the Constitution
~Election of members of
by Law
Rajya Sabha.

5
 Preamble of the Constitution

·
i
- Source of Authority of
the Constitution
-------
Nature of Indian State
I

Sovereign
%
i
Socialist An independent Objectives of the
↑

M
S
Added in 42nd CAA state Constitution, taken
‘Democratic Free to conduct its from French Revolution
Socialism’ - Mixed own affairs
Justice
economy -
Idea take from
Mix of Gandhism & russian revolution
Marxism, leaning
Secured through
towards Gandhian
-

FRs & DPSPs

Socialism
"
Liberty
Secular - Absence of restraints on the
-
Though added in 42nd CAA, activities of individuals, and
articles 25 - 28 reflected it & providing opportunities for
their development
Positive concept of
i
-

secularism - All religions

get same status & support Equality
Absence of special privileges,
↑ ↑

opportunities without
&
Democratic
Representative
discrimination "
Parliamentary Democracy
-
Civic, political & economic
equality
-
Political, social & economic ,
democracy Fraternity
" & Added in 42nd CAA
Republic
-
The dignity of the
&
Elected head of state
individual & unity &
-
Vest political integrity of the nation
sovereignty in people
-
Public office open
to every citizen

Preamble as Part of the Constitution

(Adopted on 26th November 1949)

- Berubari Union Case > Preamble is not a part of the Constitution

(1960)
Preamble is a part of the Constitution, hence
- Kesavananda Bharati Case &
amendable, subjected to ‘Basic Structure’
(1973)
doctrine
I LIC of India Case > Preamble is an integral part of the Constitution
(1995)
6
 Union and its Territory
🇮🇳
Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory

Article 1 It describes India, that is, Bharat as a ‘Union of States’

rather than a ‘Federation of States’ D
G The Indian Federation is not the result
of an agreement among the states like
the American Federation
The States have no right to Secede from
the Federation
Notably, the ‘Territory of India’ is a wider expression than the ‘Union of India’
because Article 3
>
Territory of India
V Reorganise or make changes in the existing states
Union of India
G
.
7 Prior recommendation of Prez
Territory of states Union Territories Territories to be Prez refers to concerned state
Princely states acquired in the future
E Nor Prez or Parliament bound by views of State
British provinces
Article 2 Article 4
Gives Parliament -
T - States already in existence
The power to admit into the Union of India GArt 2 & Art 3 - not under CAA (art 368)
new states; and It can be passed with simple majority by
-
>
The power to establish new states Not in existence ordinary legislative process

7
 Berubari Union (West Bengal) to Pakistan
& SC held Art 3 does not cover
Article 3 also includes the
power to cede Indian >
- cession of Indian territory to
Foreign country
territory to a foreign
country? G
Can only be ceded
through CAA (Art 368)

SC - Settlement of 9th CAA enacted to 1 -

boundary disputes with 4 transfer territories to Pak
other countries does ↓
not need CAA Exchange of Territories with Bangladesh

Evolution of States & UTs ( 100th CAA (2015) I

f
Dhar Commission & JVP Commission Amendment modified provisions
relating to 4 states - Assam,
↓ Rejected reorganisation based # Meghalaya, West Bengal, Tripura
on language, but on ↓
administrative conveniences

Andhra State & Potti Sriramulu accepted language as basis

Fazl Ali - Broadly
But, rejected ‘One State - One Language’
Commission
↓ New telugu speaking states -
> idea
carved out of Madras

8
 ✅

CITIZENSHIP
Rights & Privileges Only to Citizens Constitutional Provisions

Art 15 - Right against discrimination Right to vote

Art 16 - Right to equality of Citizenship - Union list
Right to contest in elections
‘Citizen’ - not defined in Constitution
opportunity in public employment
I Right to hold certain offices -
Art 5 - 11 enforced on Nov 26 1949 itself
Art 19 - Right to freedom of speech President, VP, SC & HC judge
and expression, assembly, etc
association, movement, residence Citizenship provisions at the time of
Art 5, 6, 7, 8
and profession commencement of the Constitution
Art 29 & 30 - Cultural & Termination of citizenship upon
Art 9
Educational rights voluntary acceptance of citizenship of
any other country

Art 10, 11 Parliament powers to make law

Article 5 Article 6
Citizenship by Domicile - Citizenship of those who migrated
from Pakistan to India
Born in India (or)
Either of whose parents was born in Before 19 On or After
India (or) July 1948 19 July 1948
Ordinary resident for more than
five years at time of Conditions Conditions
commencement of Constitution ---
Resident If he or either his parents or Spent at least 6 months
in India any of his grandparents was after he migrated to India
born in UNDIVIDED India Got himself registered as a
citizen of India

9
 Article 8

Article 7 Citizenship of persons of Indian origin residing outside India

>
Citizenship of those who migrated to Applied To Conditions
Pakistan and then came back to India
Citizenship of Persons If he or either his parents or
of Indian Origin residing any of his grandparents was
He had spent at least 6 months after
outside India born in UNDIVIDED India
migrated back to India
I
Applied and got registered as a citizen of
India
Article 9: A person who voluntarily acquires citizenship of a
foreign country is not an Indian citizen
Citizenship Act 1955 Provides the acquistion and loss of
Article 10: Indian citizen will continue to be a citizen and
citizenship after the commencement of the Constitution
subject to any laws made by Parliament.
Article 11: Parliament has the power to make laws regarding
By Birth citizenship, including acquisition and termination.
By Descent
Acquisition of By Registration The Citizenship (Amendment) Act, 1985, added the
Citizenship By Naturalization special provisions as to citizenship of persons
By Incorporation of Territory covered by the Assam Accord
Minor children (18 years) of the
Renunciation The Citizenship (Amendment) Act (CAA) of
person also loses citizenship 2019, aims to grant citizenship to illegal migrants
Termination
Loss of Citizenship If he acquires citizenship of any other from Afghanistan, Bangladesh, and Pakistan who
Deprivation7 belong to the Hindu, Sikh, Buddhist, Jain, Parsi,
country
Obtained the citizenship by fraud and Christian faiths.
Disloyalty to the Constitution of India Those from these communities who
Unlawfully traded or communicated with the enemy during a war & entered India on or before December
Has been ordinarily resident out of India for seven years continuously 31, 2014, would not be treated as
illegal immigrants, providing a path to
T Within five years after registration or naturalisation, been imprisoned
in any country for two years or more
naturalisation.

10
 NRI, PIO and OCI Cardholder
NRI PIO OCI

An Indian citizen who is A person who or whose any of ancestors was A person registered as Overseas Citizen
ordinarily residing outside an Indian national and who is presently holding of India (OCI) Cardholder under the
India and holds an Indian another country's citizenship / nationality i.e. Citizenship Act, 1955
Passport he/ she is holding foreign passport

All benefits are available to No specific benifits •Multiple lifelong visas for visiting India for
Indian citizens subject to ↑ any purpose requires a special permission
notifications issued by the to undertake research work in India).
Government from time to •Exemption from registration with
time. Foreigners Regional Registration Officer
(FRRO).
•Parity with NRis in respect of all facilities
available to them in economic, financial, and
- educational fields except in matters relating
to the acquisition of agricultural or
plantation properties.
•Treated at par with NRls in the matter of
& intercountry adoption of Indian children.
Treated at par with resident Indian nationals
in the matter of tariffs in air fares in
domestic sectors in India.

No visa required Visa required Can visit India without visa for life

* Person of Indian Origin (PIO) card scheme has been withdrawn by Government of India and has been merged with Overseas Citizen of India
(OCI) card scheme w.e.f. 9th January 2015.

11
 Fundamental Rights Article 12: Article 13:
Part 3, Articles 12-35, Inspired from USA,
‘Magna Carta of India’, Promote political ~ Declares that all laws
democracy, ‘A Government of laws & not of Defines Government
V Government and Parliament of India, Government and
that are inconsistent
men’ with or in derogation
RIGHT TO EQUALITY Legislature of states, All local authorities, All other
authorities, that is, statutory or non-statutory of any of the
(Art 14 - 18) Fundamental Rights
Article 14 authorities like LIC, ONGC, SAIL
Exceptions shall be void
EQUALITY BEFORE LAW & EQUAL PROTECTION OF LAW Article 15
PROHIBITION OF DISCRIMINATION
Equality before law ON CERTAIN GROUNDS ~ Special provisions for women & children
Equal protection of laws
- Special provisions for the advancement
V v No discrimination only on the grounds of
~ American concept of socially & educationally backward
British origin W
v
Absence of any special Equality of treatment religion, race, caste, sex or place of birth classes
under equal circumstances ~ No restrictions in public places, shops, V Special provisions for economically
privileges, equal
subjection to laws
W Like should be treated alike restaurants etc. backward classes
~Positive concept
VNo person is above law

v Negative concept
Article 16 Exceptions
X Absence of arbitrary ~
Parliament can prescribe residence as
v Indian system - Constitution EQUALITY OF OPPORTUNITY IN
Rule of law power a condition for certain employment or
~ Equality before law
is the source of individual PUBLIC EMPLOYMENT
appointment
XConstitution is result of
rights ~ No discrimination on grounds of only VAppointments in favour of any

rights of individual religion, race, caste, sex, descent, backward classes

place of birth or residence. ~Appointment to the office related to
Article 17 Article 18 religious or denominational institution
ABOLITION OF UNTOUCHABILITY ABOLITION OF TITLES WAppointments in favour of economically

-
weaker classes
~ Offence under Protection of Civil Rights Prohibits only hereditary titles of nobility
Act, 1955 (Maharaj, Raj Bahadur etc) Restrictions
- Term ‘Untouchability’ not defined in V National awards do not amount to ‘titles’

Constitution under art 18 Sovereignty and integrity of India, security of the state,
-
friendly relations with foreign states, public order, decency
~ or morality, Contempt of Court, defamation, and incitement
Article 19 Right to freedom of speech
W
Right to assemble to an offence
RIGHT TO FREEDOM W
Sovereignty and integrity of India and public order
PROTECTION OF Right to form associations
(Art 19 - 22) V
Sovereignty and integrity of India, public order & morality
SIX RIGHTS Right to move freely
v
Right to reside Interests of general public and the protection of interests
~ of any scheduled tribe
Right to practice any profession
-
Interest of the general public

12
 Article 20 Article 21 Article 21 A
PROTECTION IN RESPECT OF PROTECTION OF LIFE & RIGHT TO EDUCATION
Limitation on criminal laws only and not on
CONVICTION FOR OFFENCES PERSONAL LIBERTY
civil laws, protection is only for convictions ~
~ ~Before Free & compulsory education to
No ex-post-facto law not for trails - Procedure established by
all children of age 6 - 14 years
v No double jeopardy Protection only for proceedings before law - only against arbitrary
~
Added in 86th CAA 2002
No self incrimination courts or judicial tribunals execution actions
Applies only to criminal proceedings ~After - Due process of law -
against arbitrary executive and
Article 22 legislative actions

PROTECTION AGAINST
ARREST & DETENTION
Article 23
Punitive detention - Preventive detention - PROHIBITION OF TRAFFIC IN
Detained after the offence Detained before offence HUMAN BEINGS & FORCED LABOUR

~ -
RIGHT AGAINST - Protects against state and
Right to be informed Detention cannot exceed 3
grounds of arrest months EXPLOITATION individual action
~ Right to have legal ~
Grounds of detention to be (Art 23 - 24) ~ Exception - State can

practitioner to defend communicated unless its against impose compulsory service

~ Right to be produced before
public interest for public purposes
magistrate before 24 hrs - Opportunity to be represented
~
Right to be released against detention
otherwise Article 25 Article 26
Article 24 FREEDOM OF CONSCIENCE & FREEDOM TO MANAGE
PROHIBITION OF EMPLOYMENT OF FREE PROFESSION, PRACTICE & RELIGIOUS AFFAIRS
CHILDREN IN FACTORIES, ETC. PROPAGATION OF RELIGION ~ Right to establish institutions for
- Covers both religious beliefs &
- religious purposes
Prohibits employment of children below 14
religious practices ~ Right to manage its own affairs
years in hazardous activities, but not in RIGHT TO FREEDOM ~
Wearing & carrying ‘kirpans’ - W Right to own property
harmless works OF RELIGION
~Principal act - Child and Adolescent
profession of sikh religion ~ Right to administer such property
(Art 25 - 28) ~ Hindus = Hindus + Sikhs + Jains +
Labour (Prohibition and Regulation) Act, ~ Subject to public order, morality,
Buddhists
1986 health but not to other provisions
~In 2006, gov banned employment as ~
Subject to public order, morality, health relating to Fundamental Rights
domestic servants too and other provisions relating to
Fundamental Rights

13
 Article 27 Article 28 Religious Instructions
FREEDOM FROM TAXATION FOR FREEDOM FROM ATTENDING
PROMOTION OF A RELIGION RELIGIOUS INSTRUCTIONS
V ~ Institutions wholly maintained by the State. Prohibited
State cannot use tax money for promotion
~ Institutions administered by the State but
favouring any particular religion, but can
use to promote all religions established under any endowment or trust. -
Permitted
~ Only prohibits levy of tax not the fee v Institutions recognised by the State. Permitted on
~
Institutions receiving aid from the State. voluntary basis

Article 29 Article 30
CULTURAL & PROTECTION OF INTERESTS RIGHT OF THE MINORITIES TO ESTABLISH &
EDUCATIONAL RIGHTS OF MINORITIES ADMINISTER EDUCATIONAL INSTITUTIONS
(Art 29 - 30) ~ Protection is both for minorities as well ~ Only for minorities (religious or linguistic)
as majority ~
~ Any section of citizens has rights to
Term ‘minority’ not defined in Constitution
~ Institutions that seek recognition as well as aid
Subject to regulatory
conserve its language, script or culture power of state
~ Cannot deny admission to educational from the State
institutions based on the community he ~ Institutions that seek only recognition from the

belongs to State and not aid

~ Institutions that neither seek recognition nor aid
Free to administer
their affairs
from the State.

Article 32 Article 33: Empowers the Parliament to restrict or

~ ‘It is the very soul of the Constitution and the very heart of it’
abrogate the Fundamental Rights of the members
RIGHT TO CONSTITUTIONAL of armed forces, para-military forces, police forces,
~ Right to move to Supreme Court for Fundamental Rights
REMEDIES intelligence agencies and analogous forces.
~Supreme Court has power to issue writs to enforce Fundamental
Rights
v Parliament can empower any other courts to issue directions
Article 34: The restrictions on Fundamental Rights
~ Right to move to Supreme Court can be suspended by President
while martial law is in force in any area within the
territory of India.
during National Emergency
~ Article 35: Effect to certain specified Fundamental
Its is a part of Basic Structure
Rights shall vest only in the Parliament and not in
the State Legislatures.

14
 WRITS

Supreme Court High Court

~ Borrowed from the English law - ‘Prerogative
writs’
Only for enforcement of ~ Fundamental Rights & other
~Differencebetween the writ jurisdiction of
J Fundamental Rights purposes too
Supreme Court and High Court
~
Territorial jurisdiction - ~ Territorial jurisdiction - with
whole India the jurisdiction of State HC
HABEAS CORPUS
~ As per art 32, SC cannot ~
~ Issued to produce the body of the Article 226 is discretionary,
detainee refuse to exercise its writs can be refused
~ Issued against both public
jurisdiction
authorities as well as private
individuals PROHIBITION CERTIORARI
V Not issued in case of:

~ Issued by higher Court to lower ~Issued by higher Court to the

~ Court to prevent exceeding its lower Court either to prevent
Lawful detention
~ jurisdiction or to review its decision
Contempt of Legislature or Court
~ ~ Can only be issued against ~Can also be issued against
Detention by Court
~ administrative authorities
Detention outside to the jurisdiction judicial and quasi-judicial
of Court authorities

MANDAMUS QUO - WARRANTO

W Issued to public official to ~ Issued to enquire legality of claim of a
T Against private individual
perform his official duty
- Enforce departmental instructions person to a public office
~ Can also be issued to public
~
~ Cannot be issued to ministerial office or
bodies and inferior courts For discretionary duties &
contractual obligations private office
-
~ Can be sought by any interested person
~ Cannot be issued: Against President, Governor, Chief
Justice of HC

15
 Directive Principles of State Policy
-

Socialistic Gandhian Liberal - Intellectual

38 Welfare of the people 40 Village panchayats 44 Uniform civil code

Protection of livelihood, 43 Promote cottage 45 Childcare & education

39
resources, means, health industries upto 6 years
etc.
43 B Co-operative societies 48 Agriculture & animal
39 A Equal justice & free legal husbandry
aid 46 Empowerment of SCs, STs
& other weaker sections 48 A Protect environment,
41 Secure work, education & forests & wildlife
public assistance 47 Prohibiting intoxicating
drinks & drugs 49 Protection of monuments
42 Just & humane work
conditions 48 Prohibition of cow 50 Separation of judiciary
slaughter & other milch & executive
43 Secure living wage &
standard of life 51 International peace &
security
43 A Participation of workers Fundamental Rights VS DPSD
in management
Champakam Dorairajan Case FR>DPSP & FR can be
> -

(1951) amended
47 Nutrition & standard of
living Golaknath Case - FR cannot be amended
>
Amendments (1967) to implement DPSP
-

I
24th & FRs can be amended
42nd CAA 44th CAA 86th CAA 97th CAA 25th CAA ? Inserted Art 31(C) - Art 39
(b), (c) > Art 14 &19
Minimise
Co- Kesavananda Bharati Case Upheld 31(C) - Art 39 (b),
inequalities -
>
Healthy Participation (1976) (c) > Art 14 &19
operative
development of of workers in Changed
Protect societies
subject matter -
children management 42nd CAA > All DPSP > Art 14, 19 & 31
environment,
Equal justice & of art 45 &
forests & Minerva Mills Case - Back to 31(C) - Art 39 (b),
free legal aid made it a FR >
wildlife (1980) (c) > Art 14 &19

16
 Fundamental Duties
I am doing mindmaps for upsc students on the topic of ‘fundamental duties’, give me crisp content for it

List of Fundamental Duties

Introduced by 42nd Amendment Act, 1976.
1. Respect the Constitution, National Flag, and Anthem.
Enshrined in Part IVA (Article 51A) of the
Constitution. 2. Cherish the ideals of freedom struggle.
Inspired by the USSR Constitution. 3. Uphold sovereignty, unity, and integrity of India.
Added based on recommendations of the Swaran 4. Defend the nation and perform national service.
Singh Committee.
5. Promote harmony and brotherhood.

Features 6. Preserve India’s Rich heritage and composite culture.

Non-justiciable: Cannot be legally enforced. 7. Protect and improve the environment.

Moral Obligations: Promote citizen discipline. 8. Develop scientific temper and humanism.

Applicable to every Indian citizen. 9. Safeguard public property and abjure violence.

10. Strive for excellence in all spheres.

11. Provide education to children (Added by the 86th

Amendment Act, 2002).

17
 Types of Majority

Majority for Amendments Other Types of Majority

Outside Article 368 Under Article 368 Absolute Effective 2/3 of Total 2/3 of
Majority Majority Strength Present &
Voting Only
-
Simple Majority Special Majority
More than 50% More than 50%
of total of effective Impeachment
50% of the >50% of total Majority of 2/3rd
membership of strength of of President
members present membership of members of house
& voting house present and voting House House

Removal of Vice In Rajya Sabha

Special For Constitutional President, to empower the
Majority of the Amendment Acts & Speaker, Parliament to
Parliament removal of SC & Dy.Speaker, make laws in
Special Majority & HC judges Dy.Chairman state list
Consent of States
Consent of ½ of *Vice President - Creation of All
the state Effective majority India Services
legislatures by in RS + Simple
simple majority majority in LS
When law doesn’t
specify any majority, by *Effective strength = Total
default it’s simple strength - Vacancies
majority

18
 Basic Structure of the Constitution
The fundamental principles and framework that cannot be altered or amended by the Parliament.

Question: Whether the word ‘law’ in Article 13 includes only ordinary laws and not the
Constitutional Amendment Acts (constituent laws)?

If yes, the Parliament can abridge or take away any of the Fundamental Rights by enacting a
constitutional amendment act and such a law will not be void under Article 13?

Golak Nath Case

Shankari Prasad Case

--
(1967)
-------------------

(1951)
Article 368 is a law
Article 368 is not a law Fundamental Rights cannot be
Fundamental Rights can amended
be amended

Kesavananda Bharati Case

"
I

24th Amendment Act '

I
-------------

(1973)
----

(1971)
Article 368 is not a law
Article 368 is not a law
Fundamental Rights can be
Fundamental Rights can be
amended but not the ones
amended
which forms a part of
‘Basic Structure’

42nd Amendment Act ----

(1976)

·
Indira Nehru Case - - - - - - -

---
(1975)
Fundamental Rights are
Upheld the doctrine amendable
of Basic Structure Amendment cannot be ↑
questioned in any court
- No judicial review
Waman Rao Case ---

(1981) i Minerva Mills Case -----

(1980)
- - - - - - - -

Upheld Basic Structure

Applied to all CAA
‘Judicial Review’ is a
after April 24, 1973
Basic Structure

Limited amending power of the Parliament is one of the Basic Structures of

the Constitution
19
 PARLIAMENTARY COMMITTEES

Financial Committees

Committee Members Functions Chairman

22 Setup in 1921 by GOI act 1919 Appointed by

Public Members elected by PRSTV Speaker
Account 15(LS) + 7(RS) Office term - 1 year
Committee Minister cannot be elected From
Examine annual Audit report opposition
of CAG (Convention)

Estimates 30(LS) Constituted in 1950 (rec of Appointed by

Committee No RS John Mathai) Speaker
Members elected amongst
LS members by PRSTV From Ruling
Office term - 1 year Party
Minister cannot be elected
Examine the estimates
included in the budget &
suggest economies in public
expenditure

Committee 22 Setup in 1964 (recom by Appointed by

on Public Krishna Menon comm) Speaker
15(LS) + 7(RS)
Undertaking Members elected by PRSTV
Office term - 1 year From LS only
Min cannot be elected
Examine reports & acc of
public undertaking
Examine report of CAG
audit on public undertaking

20
Departmental Total LS member nominated by Speaker, RS member
Standing committees by Chairman
Committees 24 Ministers not nominated
16 LS Secure accountability of executive to
8 RS parliament
Debate on budget
Members Consider demand for grants of concerned
31 ministry before they are discussed & voted
21(LS)+10(RS) Shouldn’t suggest cut motion
They can avail experts help

Committee to Inquire

LS - 15 members
Committee Both in
RS - 10 memers
on Petition LS & RS
Examine petition of bills

Committee of Both in LS - 15 members

Previlages LS & RS RS - 10 memers
Semi-Judicial in nature
Examines cases of breach of privileges &
recommends appropriate action

Ethics Both in Enforce code of conduct of MPs.

Committee LS & RS Maintain discipline & decorum
Examine cases of misconduct & recommend
appropriate action

Committee to Scrutinise & Control

Committee on Both in LS - 15 members

Government LS & RS RS - 10 members
Assurances Examines the assurances, promises &
undertakings given by ministers & reports on the
extent to which they have been carried through

Committee on Both in LS - 15 members

Subordinate LS & RS RS - 10 memers
Legislation Examines and reports whether the powers to
make regulations, rules, sub-rules & bye-laws
are properly exercised
21
Committee on Both in LS - 15 members
Papers Laid on LS & RS RS - 10 members
the Table Examines all papers laid on the table of the
House by ministers to see whether they comply
with provisions of the Constitution
Does not examine statutory notifications

Committee on 30 Consider the report of National

Welfare of SCs 20(LS)+10(RS) commission for SC & ST
and STs Examine matters related to welfare of
SC & ST

Committee on 30 Consider report of National commission for

Empowerment 20(LS)+10(RS) Women
of Women Examine the measures & welfare by the govt

Joint Committee 15 Examines the composition & character of

on Offices of 10(LS)+5(RS) committees and other bodies & recommends
Profit whether persons holding these offices
should be disqualified from being elected as
MP or not

Committees Relating to the Day-to-Day Business of the House

Business Both in LS - 15 members

Advisory LS & RS RS - 11 members
Committee For LS - Speaker is the chairman
For RS - Chairman is ex-officio chairman
Regulate program & timetable of the house

Committee 15 (Only LS) Not present in RS, Same functions are carried
on Private out by Business Advisory Committee in RS
Members’ DySpeaker is Chairman
Bills and Classifies bills & allocate time for discussion
Resolutions of private member bills

Both in LS - 15 members (Speaker is the chairman)

Rules
LS & RS RS - 11 members (Chairman is ex-officio
Committee
chairman)
Considers the matters of procedure &
conduct of business in the House &
recommends necessary amendments or
additions to the rules of the House
22
Committee 15 (Only LS) Examines cases of members
on Absence absent for more than 60 days
of Members

House Keeping Committees

General Both in In each house the committee consists of

Purpose LS & RS Presiding officer (Speaker or Chairman)
Committee DySpeaker or DyChairman
Members of panel of chairpersons or vice-
chairpersons
Chairmen of all dept standing committees of the
house
Leaders of recognised parties
Other members nominated by presiding officer
Consider & advice on matters which don’t fall under
any commmittee
House Both in In LS - 12 members, RS - 10 members
Committee LS & RS Deals with residential accommodations & other
amenities like food, medical aid etc

Library 9 Matters relating to library of parliament

Committee 6(LS)+3(RS)

Joint 15 Constituted under the Salary, Allowances and

Committee 10(LS)+5(RS) Pension of Members of Parliament Act, 1954
on Salaries Frames rules for regulating payment of salary,
and allowances and pension to members of Parliament.
Allowances
of Members

Consultative Committees

Attached to various ministries & depts of central govt

Y Consists MPs of both the houses
~ The minister/minister of state in charge of concerned ministry - Chairman
V Forum for informal discussion btw ministers & MPs
V Membership voluntary
~ Members - Max 30, Min 10

~Constituted by Min of Parliamentary Affairs

~Dissolves & reconstitutes with each LS

23
 PARLIAMENTARY SYSTEM

Articles for Parliamentary system Center : Article: 74 & 75

States : Article: 163 & 164

Modern Democratic Government

Parliamentary Presidential
On the basis of nature
of relations between
Also known as Cabinet Government Also known as non-responsible or
the executive and the
or responsible Government or non-parliamentary or fixed
legislative organs of
Westminster model of Government executive system of Government
the Government

Executive Legislature Executive Legislature

7
7 Not a part of
Is a part of
Implement laws Make laws Implement laws Make laws

Canada Britain
Russia USA

Brazil

Japan India

24
 Features of Parliamentary & Presidential
System of Government

PARLIAMENTARY GOVERNMENT PRESIDENTIAL GOVERNMENT

~ Nominal & Real Executive w Both Head of State & Head of Govt
V

President 7 PM
V ~
President 4
Head of State Head of Govt >

> Art 74 - COM headed by PM aid &

advice the President

~ Majority Party Rule ~ Prez elected by electoral college

Party with majority seats in LS forms govt Fixed tenure - Only removed by
Prez appoints PM(direct) and COM(advice of impeachment
PM)
Coalition of parties in case of no majority

~ Collective Responsibility ~ Not responsible to the Congess

Art 75 - Min responsible for the Parliament

(in general) and to LS (to particular)

~ Political Homoginity ~ Cabinet

Single party majority - COM usually from same Non - elected advisory body
party, same ideology Selected & appointed by prez
Coalition party - COM bounded by concensus Responsible only to him

~ Double Membership ~The Prez & his Secretaries are not

members of the Congress, nor do
Minsters are part of both executive & they attend any sessions
legislature
Complete separation of
A minister who’s not an MP for 6 months executive from legislature
ceases to be a minister

25
 CENTRE - STATE RELATIONS
>
Seventh Schedule
Centre State
(National Govt) Relation (Regional Govt) List-II List-III
List-I
(Union List) (State List) (Concurrent List)
Legislative Relation Administrative Relation Financial Relation
Part XI Part XI Part XII 42nd CAA transferred 5 subs from State to
(245 - 255) (256 - 263) (268 - 293) Concurrent list

V
(a) Education
Territorial extent Distribution of (b) Forests
Parliamentary Centre's control
of Central and legislative (c) Weights and Measures
legislation in the over state
state legislation subjects (d) Protection of wild animals and birds
state field legislation
(Art 246) (e) Administration of justice; Constitution and
organisation of all courts except the Supreme
Court and the High Courts
> Parliament - Make law for whole or any part of territory of India

Territory of India Extra Territorial Legislation

(States + UT + Acquired territory)
Indian Citizens and their Property
in any part of the world
State Legislatures - Whole or any part of state

> Not applicable outside the state

Doctrine of Territorial Nexus - Article 245
Except when there is
sufficient nexus btw
states

26
 Parliamentary Legislation in the State Field

When Rajya Sabha During a National Emergency When States Make a Request (Art 252)
Passes a Resolution (Art 250) Legislatures of 2 or more states
(Art 249) Laws become inoperative on pass resolutions requesting
Supported by two-thirds of the expiration of six months Parliament to enact laws on a
the members present and after the emergency has matter in the State List
voting ceased to operate Law applies only to those states
Remains in force for one which have passed the resolutions
year and can be renewed Such law can be amended or
any number of times but repealed only by the Parliament
not exceeding 1 year at a
time
Centre's Control Over
Cease to have effect on the State Legislation
expiration of 6 months after the During President’s Rule
Governor can reserve bills for the prez,
resolution has ceased to be in
Law made by the Parliament & Prez has absolute veto (Art 200 &
force
continues to be operative 201)
even after the president’s rule Certain bills introduced on state leg
To Implement International Agreements
(Art 253) requires Prez recommendation(Art
To fulfill its international 304). Ex: restriction on trade &
obligations and commitments commerce
Financial Emergency (Art 360) -
Centre can direct to reserve money
bills or any financial bills

27
 Administrative Relations

Distribution of Executive Powers Obligation of States and the Centre Centre’s Directions to the States

Union List State List Concurrent List On matters like communication,

General obligation - In compliance
protection of railways,
with laws
2 cases
instructions in mother tongue etc
Centre State Executives Specific obligation - Article 365: Failing to comply with
Executives
Not to impede the exercise of directions from the Union
executive power of the Centre in the
Constitutional Provision or a Parliamentary state Ex - Art 365
law specifically confers it on the Centre
T Exercise of rights, authority and jurisdiction
conferred on it by any treaty or agreement
Cooperation Between the Centre
and States
All-India Services
(IAS,IPS,IFoS)
> Interstate river
Parliament Adjudication Immediate control - State
Mutual Delegation of Functions (Art 262)
of any disputes Ultimate control - Centre
President President > Interstate council
State Govt Establish
Art 312 - Authorises
With consent (Art 263) Parliament to establish AIS
Governor Central Govt Relations During
With consent
: Emergencies Relations in the Matter of Public Service Commission:
Parliament State Govt
With consent
Chairman and members of a state public service
Judges of HC - Appointed by Prez on commission, though appointed by the governor of the
recommendation of Governor & CJI state, can be removed only by the President
Integrated Judicial System
The Parliament can establish a Joint StatePublic Service
Parliament can establish common Commission (JSPSC) for two or more states on the
HC for 2 or more states request of the State Legislatures concerned

28
 Financial Relations
Present position with respect to the distribution of tax revenues between the centre and the states is as follows

Article Levy Collection Appropriation Various Taxes

268 Centre States States Stamp duties on shares, cheque, promissory notes,
insurance etc.

269 Centre Centre States Taxes on interstate trade and commerce. Revenues do not form part of
the consolidated fund of India.

270 Centre Centre Shared between All taxes in the union list -income tax (other than agricultural income),
Centre and states corporate tax, etc.

271 Centre Centre Centre Surcharge on taxes under Art 268, 269, 270.

269A &

Grants-in-Aid to states

Statutory Grants Discretionary Grants Other Grants

Art 275 Art 282
Const provided a third type of
Parliament makes grants to states in Centre and the states to make any
grant for temporary period
need of financial assistance (Not to grants for any public purpose (even
every state) if it is not within their respective Grants on Jute exports for
Charged on CFI legislative competence) Assam, Bihar, Odisha, WB
On the recommendation of FC
Centre has no obligation for 10 years only

29
 INTER-STATE RELATIONS
Constitutional Provisions for Inter-State Relations
↓

Adjudication of Inter-State Coordination Through Mutual Recognition of Public Acts, Freedom of Inter-State Trade,
Water Disputes Inter-State Councils Records and Judicial Proceedings Commerce and Intercourse

Constitutional Provisions Administration Reforms Committee, 1966 &

>
Rajamannar Committee, 1969 All of them gave a
Entry 17 of the State List Deals with water Sarkaria Commission, 1983 recommendation of
Entry 56 of the Union List Regulation and establishing Inter-State
development of inter-state rivers and river Councils
valleys
Govt. finally accepted the E
Article 262 of the Constitution provides for
recommendation of Sarkaria
the adjudication of inter- state water disputes
Commission, 1983

Doesn’t come under SCs original jurisdiction (Art 131)

Y
Punchi Commission, 2007 also talked about
Gives Parliament the responsibility, Hence made 2 laws strengthening of Inter-State Coucils

River Boards Act 1956 Inter-State Council (Art 263) -

Inter-state River Water Dispute Act, 1956 Members I
PM(Chairman), CMs of all States & UTs
(Administrators if no legislature),
Governors if state is under Prez rule, 6
cabinet ministers including Home
minister (Nominated by PM)

30
Public Acts, Records and Judicial Proceedings Inter-state Trade, Commerce and Intercourse

As per Constitution - Jurisdiction = Territory, Trade barriers within states not good for economy
Hence acts & records may not be recognised
Const guarantees freedom of trade & commerce through
To remove such difficulty, Constitution has a I out the country - Part XIII (Art 301 - 307)
clause Similar rights is guaranteed by 19 (1)(g)
-“Full faith & Credit” Clause
Right to carry on trade & business, subject to reasonable
Full faith and credit is to be given throughout restrictions
the territory of India to public acts, records and
judicial proceedings of the Centre and every
state
ZONAL COUNCILS
Composition
Statutory Bodies - Not mentioned in const
State Reorganisation Act 1956 Union Home Minister
Only North -Eastern >The North-Eastern
5 Zones (Chairman)
council with Council Act of 1971
v separate act
Members Advisors

States UTs States Member

nominated by
CMs of all states (Vice-
Secretary NITI Ayog
Chairmanship) Administrators
On a rotating basis for 1 year Development
F of UT Commissioner
2 other ministers from each
state of the zone nominated by
Governor

31
 EMERGENCY PROVISIONS OF INDIAN CONSTITUTION

NATIONAL EMERGENCY PRESIDENT'S RULE FINANCIAL EMERGENCY

Article 352 Article 356, 365 Article 360

Grounds of Declaration
Failure of Constitutional
War, External Aggression Threat to
machinery, Failure of state to
or Armed Rebellion give effect to financial stability
any direction from the Centre or credit of India

Parliament’s Approval

Must be aproved by Must be aproved by Must be aproved by

both the houses both the houses both the houses
within one month within two month within two month

Type of Majority Required

Special majority Simple majority Simple majority

Majority of more than More than 50% of the More than 50% of
50% of the total members of that house the members of that
membership of that present and voting. house present and
house, and 2/3rd of voting.
members of that house
present and voting.

Duration of the Emergency

Continues for 6 months, Continues for 6 months, Continues

can be extended to an can be extended to indefinitely until
indefinite period by maximum period of 3 revoked. Therefore
taking approval of the years by taking NO prescribed
Parliament every 6 approval of the maximum period or
months Parliament every 6 NO repeated
months

Duration of the Laws Made During Emergency

Lasts for 6 Lasts forever Lasts until the

months only financial year is
over
Revocation

Anytime by President Anytime by Anytime by

or by resolution by LS President President
32
 PRESIDENT
President Head of the State
Vice - President (Part V, Art 52 - 78)
Union Executives Head of the
Prime Minister Government Qualifications: Term of Office:
Council of Ministers
Attorney General of India V ~
Citizen of India 5 years
~ ~
>= 35 years Resignation to Vice-
~
Qualified for election of LS MP President
v v
No office of profit Eligible for reelection any
Election of the President Value of the vote of an MLA: number of times
Indirectly elected Therefore, Values of votes of
- Total population of the state MLAs differ state to state
Electoral college: (Eg: UP - 208, Sikkim - 7) Impeachment
Total MLAs of that state x 1000
of President
Elected MPs of both houses But values of all the MPs
Value of the vote of an MP: (both LS & RS) is same ~Grounds : ‘Violation of the Constitution’
Elected MLAs of States & UTs
~ 1/4th members should sign the charges (in
Total value of votes of all MLAs of all states the framing house)
Election Method w 14 days notice to President is given

~ Proportional representation Total MPs in the parliament ~ Passed with special majority of 2/3rd of

by means of the single total strength in both the houses

transferable vote (PRSTV) (nominated members participate too)
Secret ballot Powers & Functions
Absolute Veto:
Legislative Powers Withholding his assent to the bill
Executive Powers ~ Summon, prorogue, dissolve, joint Sitting
~ etc. Suspensive veto:
All executive actions of Govt taken
V Nominates 12 MPs to RS Returns bills for reconsideration to the Parliament (if passed again,
in his name
~ Appoints PM, COM, Attorney
~ Prior recommendation to certain types of he has to give assent)
general, CAG etc. bills
~Administer UTs through
~ Promulgate ordinances Pocket veto:
Neither ratifies nor rejects the bill, no time limit to take action
administrators
~ Veto power:
Veto over state legislation:
Governor can reserve the bill for President,
President can either ratify, withhold or resend for reconsideration,
but if the bill is passed again, he need not ratify unlike central bills

33
 Financial Powers Judicial Powers Executive power, independent of Judiciary

~ Money bill introduced with his recommendation N Appoints CJI, judges of SC & HC Pardon: Removes both sentence & conviction
~ Lays Union budget in parliament W Can take advice from SC on
Makes advances out of contingency fund of India question of law or fact Commutation: Substitution of punishment with lighter
T Constitutes Finance commission every 5 years form
~ Pardoning power:
(Art 72) Remission: Reducing time period without changing
character
Diplomatic Power Military Powers Emergency Powers
Respite: Awarding lesser sentence due to special
~ ~ ~ Powers to announce facts
International treaties & Supreme Commander of
agreements negotiated & defence forces in India National, State &
concluded on his behalf Financial Emergencies Reprieve: Stay in execution of sentence

Only president can pardon sentence from court

martial not Governor
Ordinance Making Power Only he can pardon death sentence, not the
(Art 123) Governor

V Ordinances = Acts of Parliament

~ Not a parallel power legislation - Can only be promulgated
All the actions should be taken on the recommendation of Council of
when only one house is in session or both the houses are not
ministers headed by PM, But he has a situational discretion in the
in session
~ Subjected to judicial review
following cases:
W Ordinance has to be approved within 6 weeks for Parliament’s
~ Appoint PM when no clear majority or when a PM dies
assembly (if LS&RS assembled in different dates, count starts ~Dismiss Council of Ministers due to No-Confidence in LS
from later house’s assembly) ~
V Therefore maximum life is 6 months 6 weeks
Dissolve LS if Council of Ministers lose majority

34
 VICE - PRESIDENT

Constitutional Position of Vice President in India Election of VP

Occupies the second highest office in the country ↑ Art 66 - VP elected by members
of the electoral college
Ranked second in the table of precedence
Elected & Nominated members of the Parliament
Article 63
There shall be a Vice-President of India (No state MLAs involved)
PRSTV Method with secret ballot
Serves as the Chairman of the Rajya Sabha
Doubts & Disputes in connection with election is
Office is modeled on the lines of the American Vice-President & decided by SC
If declared void, acts done by him before would
Term of 5 years be still valid
S
J Art 100 - Casting vote in case of equality
of votes

Qualified for the election as MP of RS

Oath administered by President
Resignation to the President
Resolution introduced only in RS
Effective majority in RS + Simple majority in LS
Removal After 14 days advance notice
No grounds mentioned in Constitution

35
 PRIME MINISTER

No specific procedure for the selection & appointment of PM in Constitution

Appointment
Art 75 - President appoints leader of majority party in LS as PM

2 instances where President uses his discretion

In 1980, the Delhi High Court held

Hung Parliament If PM dies suddenly & there is The President may first appoint him the Prime Minister
no obvious successor and then ask him to prove his majority in the LS within a
reasonable period

Person NOT required to prove his majority before he is

appointed
In 1997, the Supreme Court held

If not a member of either House of Parliament

Person must become a member within six month after
becoming PM

Term of PM Prime Minister may be a member of any of the two Houses

of Parliament
Not fixed, Pleasure of President

Doesn’t mean President can dismiss

7 In Britain —> PM should definitely be a member of the Lower House
anytime
Can be dismissed only if he loses majority in LS (House of Commons)

36
 Powers and Functions of PM

In Relation to Council of Ministers - HEAD OF COM In relation to the President

Recommends ministers to be appointed by President

Can ask a minister to resign or recommend Art 74 - There shall be CoM headed by PM to aid &
President to dismiss advice the Prez, he ‘shall’ act in accordance with such
Can collapse COM by resigning from the office advice
Death of PM also automatically dissolves COM
42nd CAA - CoM's advice made Binding on President.
44th CAA - Can ask CoM to reconsider their
In Relation to the Parliament advice.
Advice President for summoning & Proroguing
Recommend dissolution of LS Art 75 - PM shall be appointed by President, and CoM on the
advice of PM
& CoM collectively responsible to LS
Chairman of Other Bodies like
Art 78 - Primary means of communication between President & CoM
NITI Ayog
National Integration Council
National Development Council
Cabinet Committee for Economic Affairs
Inter-State Council
CSIR etc

37
 PARLIAMENT
(Article 79 - 122, Part V)
I

President Lok Sabha Rajya Sabha

COMPOSITION DURATION

Rajyasabha Loksabha
Representatives of Rajyasabha Loksabha
~ 238 ~ 530 Representatives of States
+ states & UT (indirectly
+ VPermanent body, no ~
12 elected) 5 year term
13 Representatives of UTs dissolution V
President can dissolve LS
= = V 1/3rd members retired
250 Nominated by before completion of term
President 543 every 2nd year V
Term can be extended
V
~
Nominations every 3rd year during emergencies
4th schedule - allocation of seats in RS ~ Members directly elected from territorial
V Members eligible for
- Members elected by state MLAs (PRSTV constituencies (First Past the Post System (FPTP))
reelections & nominated
method) - Lok Sabha seats - Ratio of seats to population is

-Seats directly proportional to population (UP

any number of times
same for all states (not if population is < 60 ~
Elected for 6 years
- 31, Tripura - 1) lakhs)
V Members from UTs elected indirectly ~ Territorial constituencies - Ratio of population to MEMBERSHIP
through special electoral college the seats in that constituency is same throughout
~ Nomination on the grounds of Art , the state Qualifications Disqualifications
literature, science, & social service V Readjustment of seats & division of territorial
V Must be a citizen V
Office of profit
constituencies can be done through Delimitation ~ v
Subscribe to Oath Unsound mind
commission acts V ~
>=30 years for RS & Undischarged insolvent
(Currently, Seats - Basis of 1971 census v v
>= 25 years for LS Not a citizen of India
Constituencies - Basis of 2001 census)
~ If elected to LS & RS both, intimate within 10 days, orelse v Giving up membership of his political
RS seat becomes vacant party
Vacation of Seat for ~If sitting member of one house elected to another house, V Voting or not voting against party’s
Double Membership Disqualification
sitting seat becomes vacant for Defection directions
~ If elected for 2 seats in a house, should opt one orelse both v Independent candidate joins any other

becomes vacant party

V - Nominated MP joining any party after 6
If elected both as MP & MLA, MP seat becomes vacant if
he doesn’t resign MLA seat in 14 days months

38
 PRESIDING OFFICERS OF THE PARLIAMENT

Speaker of Lok Sabha Chairman of Rajya Sabha LEADERS IN PARLIAMENT

Elected amongst the members by LS MPs, Vice-President is exofficio chairman Leader of the House Leader of Opposition
~ Date of election is fixed by president - Removal by effective majority (removed
~ Resigns by writing to Dy Speaker as a Vice-President) z Leader of largest opposition
~ ~ ~ PM is leader of the house to
Can be removed by effective majority (1/2 Unlike Speaker, Chairman is not member
which he belongs, and his party (>1/10th of total seats)
of all - vacant seats) of the house ~ Accorded statutory
~ During removal, he can vote in 1st instance ~ Powers similar to Speaker appointee in the other house
~
recognition in 1977
as a normal MP During his removal he cannot vote in the ~ Equal to cabinet rank minister
~ If LS is dissolved, speaker remains until new 1st instance unlike Speaker
one is elected
~ He presides over a joint sitting SESSIONS OF PARLIAMENT
~ Decides whether a bill is money bill or not

~ Decides question of disqualification on

defection Summoning Adjournment Adjournment sine Die

~
Placed along with CJI in 7th position in Prorogation
order of precedence
~ President summons the -- Speaker suspends Speaker suspends the Either after
~ Speaker pro tem - Temporary speaker Parliament for sessions the work within a sitting in the session adjournment sine die
~ Maximum gap b/w sessions session for a for an indefinite period or while in session,
appointed by President for the 1st LS
session before actual speaker is elected is 6 months specified time President can issue
prorogation
-
~ Bill pending in LS lapses
~
Only LS is subjected to ~
Bill passed by LS but pending in RS lapses
dissolution ~ Bills not passed due to disagreement in both houses and
~
The Position wrt
-
Prorogation ends the session, goes for joint Sitting doesn’t lapse
Dissolution Lapsing of Bills
dissolution ends the very life of ~ Bill pending in RS, but not passed in LS doesn’t lapse

the existing house ~ Bills passed by both houses, waiting President’s assent
~ Automatically after 5 years doesn’t lapse
-
~
By President before 5 years Bills sent back for reconsideration by the President doesn’t
lapse

39
 DEVICES OF PARLIAMENTARY PROCEEDINGS

Important Motions
Question Hour Zero Hour
To cut short the debate
Closure Motion
~ First hour of every sitting Informal device to raise questions and put it to vote
MPs ask, Ministers answer without prior notice
~ Types of questions:
- Indian innovation
- Starts immediately after question hour Simple closure Closure by Kangaroo Guilliotine
compartments closure closure
- Starred question(*) - requires oral answers,
supplementary questions can follow (printed in - - - Undiscussed parts
Sufficiently Lengthy Only important
green) also put to vote
discussed, put resolution clause are put
~ Unstarred question - requires written answers,
along discussed
supplementary questions cannot follow (printed
in white)
F to vote now grouped into
parts & put to
vote
to vote, others
skipped
ones due to
shortage of time
Short notice question: notice of less than 10 Calling Attention Motion
days, answered orally (printed in pink)
: Questions can also be asked to private members By a member to call attention & Adjournment Motion No Confidence Motion
(printed in yellow) seek statement of a minister on e Art 75 - ministers
VTo draw attention of the house
matter of urgent public responsible to LS, therefore
T
Privilege Motion
importance
~ Indian innovation
to a definite matter of urgent
public importance
LS can remove ministry
passing this motion
~ In LS only
~ Moved by an MP against a minister 2 Needs support of 50
- Needs support of 50 members
for breech of privilege of the house members
~Should last >2h 30min
~ Purpose is to censure concerned

minister Privileges
JOINT SITTING ~ Summoned by the president
Individual Collective
L Applicable to ordinary & financial bills v Right
to publish reports, debates,
only ~ MPs can’t be arrested 40
~ LS speaker presides the sitting
& proceedings.
Censure Motion days before & after session ~ Right to exclude strangers from
~ Quorum - 1/10th of total members of ~ MPs have freedom of speech
~ Moved against an individual its proceedings
minister, a group or entire both houses & cannot face court ~ Right to punish members as well
V Simple majority needed
Council of Ministers proceedings as outsiders for breach of its
~ Invoked only thrice till now ~ Exempt from jury duty during
W Unlike No Confidence Motion, if privileges.
passed in LS, ministers need not Parliament sessions. ~The courts prohibited inquiring

resign into the proceedings of a House.

40
 Comparison of Various Bills
Objective Ordinary Bill Money Bill Finance Bill I Finance Bill II Constitution
Amendment Bill

Introduced house LS/RS LS Only LS Only LS /RS LS/RS

Introduced by Any MP Only by Only by Any MP Any MP

Minister Minister

Prior Permission No Yes Yes No No

Majority simple simple simple simple special

Max 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

President Accept, Accept, Accept, Accept, Reject, Must give assent

can Reject, Return Reject Not Reject, Return Return ( Afer 24th CAA)
return
J
Public Bill - intro by minister, reflects policies of Gov, it’s rejection leads to want of confidence in Parliament, drafted in consultation with law
dept, 7 days notice required, greater chances of approval
Private Bill - intro by any MP, reflects stand of opposition, it’s rejection has no implication, drafting is responsibility of the concerned MP,
requires one months notice, lesser chances of approval

41
 GOVERNOR

Governor Nominal Executive Head

Art 153 - 167 (Part VI) Chief Minister
- State Executive Agent of Central Govt
Council of Mininsters
Advocate General 7th CAA - Same Governor can be
appointed for 2 or more states
SC - Office if Governor, not employment
under central govt but an independent
Constitutional office

Qualifications as per Citizen of India Conditions of Office

Constitution => 35 years
Shouldn’t be an MP or MLA/MLC
Conventions Should not belong to the state of No office of profit
appointment Emoluments, privileges determined by Parliament
President required to consult the If same Governor for 2 or more states, shared
concerned state CM expenses in proportion decided by President
Oath administered by CJ of HC

Appointment, Appointed by President

Term & Removal Term of 5 years, subject to the pleasure of
President
No grounds of removal in the Constitution

42
 Powers & Functions Legislative Powers

Nominates 1/6th members of State Legislative Assemblies

Executive Powers Decides the question of disqualification of members of state
legislatures in consultation with Election Commission
Appoints CM and CoM When the bill is sent to Governor, he can -
Appoints Tribal Affairs minister for Chattisgarh, Give assent
Jharkhand, Madhya Pradesh, Odisha Withhold assent
Appoints Advocate General, State Election Return (If it is not money bill), given assent if passed again
Commissioner, Chairman and members of SPSC (but Reserve the bill for president’s concideration
removed by President) Promulgate ordinances (Art 213)
Recommend Constitutional Emergency in state to
President
Acts as Chancellor of Universities in the state Judicial Powers

Grant pardons, reprives, respites and remissions of punishment &

Financial Powers only suspend, remit and commute the death sentence not pardon
Consulted by president while appointing the judges of HC
Money bill introduced with his prior Appoint, posting, promotion of district judge n consultation with
recommendation HC
Makes advances out of Contingency Fund of State Appoint person of judicial service (Other than district judge)
Constitutes State Finance Commission consulting HC & SPSC

Unlike President, Governor can at times

act in his discretion (Art 163)
Constitutional Position
42nd CAA - Ministerial advice binding to
President, but in case of Governor

43
 STATE LEGISLATURE
Parliament can abolish a Legislative Council or create it
If State Legislative Assembly passes a resolution ->

Article 169 =
SPECIAL majority needed in State Leg Assembly
This Act of Parliament is not an amendment to Constitution
Simple majority needed in Parliament

1) No uniformity amongst states

2) only 6 states with bicameral legislature
Maharashtra

E
Andhra Pradesh
UP
Introduction Telangana
Bihar
Karnataka
3) State Legislature = Governor + Legislative Assembly + Legislative Council

I
1) STRENGTH
Max = 500
I Min = 60
Min strength states = Arunachal pradesh, Sikkim, Goa (only 30), Mizoram = 40,
Nagaland = 46

2) ELECTION
Direct elections
Universal Adult Franchise
3) Nominated members - 1 anglo-Indian (abolished with 104 CAA, 2019)

4) DURATION
Legislative 5 years if not dissolved
Assembly Dissolved by Governor
Can be Extended by Parliament during National Emergency (1 year at a time + but
not beyond 6 months after cease)

5) TERRITORIAL CONSTITUENCIES
Each state has it
Demarcation - as ratio between popn of each constituency to no of seats
allocated is same throughout the state

6) READJUSTMENT AFTER EVERY CENSUS

In total no of seats in assembly of each state
Division of state into constituencies
Determined by Parliament

7) SC/ SC RESERVATION
Each state
Based on popn of SC/ST
Originally done for 10 years, later extended
(104 CAA extend till 2030)
44
 1) STRENGTH
~
Max: of MLAs
W
Min = 40

2) ELECTION
~ Indirect
vConstitution has fixed max & min limits, actual strength fixed by Parliament
~

3) = Total members elected indirectly by PRSTV

V
= From local bodies
Legislative
Council v = By State Legislative Assembly
~ 1/12 = Graduates of 3 years standing + residing in state
~ 1/12 = Teachers of 3 years in state

4) NOMINATED MEMBERS
~ = by Governor
~ Experienced in cooperative movement, lit, arts, social service, science

5) DURATION
v Continuing chamber, cannot be dissolved

~ members retire after 2nd year, 6 years term

~
Eligible for Re-election & renomination

1) OATH
~ By Governor or someone appointed by Governor
vWithout oath =› cannot vote or participate in house or no privileges

2) QUALIFICATION (As in Constitution)

W Citizen
Y Not less than 25 for MLA, 30 for MLC
Members
Subscribe to Oath
of SLA &
SLC
~ Other qualification as per Parliament

3) QUALIFICATION (As per RPA 1951)

~ MLC - must be an elector from the constituency, for nomination - must be

resident of the state

~MLA - must be an elector from the constituency
~ Reserved seats - must be a member of SC/ST

4) DISQUALIFICATION (Acc to Constitution)

Office of profits
- Unsound mind, declared by court
V Undischarged insolvent

- Not a citizen

v Disqualified under any law made by Parliament

45
 5) DISQUALIFICATION (acc to RPA 1951)
Election offence, corrupt practice

I
Fails to lodge account of election expenses on time
Interest in govt contracts or agency with 25% Govt shares
Convicted for promoting enmity
Punished for preaching, practising social crimes
Dismissed from Govt services for corruption or disloyalty
Imprisonment for 2 years or more
Governor’s decision final with opinion of ECI

6) DISQUALIFICATION (Grounds of Defection)

Disqualified under provisions of 10th schedule
=Decided by Chairman of SLC or Speaker of SLA
Decision of Speaker/ Chairman under judicial review (Kihoto Hollohan case)

7) VACATE SEATS
Double membership

:
Disqualification
Resignation to Presiding officer
Absent for more than 60 days without permission of the house
Other reasons- Election void, expelled by house, became Prez, VPrez or Gov

1) ELECTION for State Legislative Assembly

Amongst members
In office during life of State Legislative Assembly

2) VACATE
Ceases to be a MLA
~Resign to Dy Speaker
Removed by resolution passed by majority of all then members(Effective majority)

3) DUTIES
Maintain order, decorum of house
Speaker of ~ Final interpreter of constitutional provisions, rules of procedure, conduct of
SLA & SLC
business
legislative precedents
Adjourns assembly or suspends meeting in absence of quorum(1/10th)
Vote in case of tie
secret meetings on request of leader of house
Final decision on money bill
Presides business advisory comm, rules comm, general purpose comm
Appoints chairman of all committees of State Legislative Assembly/SLC

4) SALARIES
Fixed by state Legislature
- Charged upon CF of state (not subject to vote of SL)
46
 I
1) SUMMON
Session By Governor
Max gap not more than 6 months

1) Aim: suspend sitting (specified time)

Adjournment 2) By Presiding officer
3) Adjournment sine die - ends the sitting for indefinite time

1) After adjournment sine die

2) Notice issued by Governor for prorogation
Prorogation
3) Aim: completes the current session
4) Governor can also propagate when house in session

Dissolution Ends the life of existing house

1) 1/10 members( total number of members of house including

Quorum Presiding officer)
2) No quorum, the Presiding officer can adjourns or suspend

1) BILL that LAPSES

Bill pending in SLA (originate or transmitted to it by SLC)

=
Lapsing Passed by SLA but pending IN SLC
of Bills 2) DO NOT LAPSE
Pending in SLC but not passed by SLA
Passed by both houses but pending Governor or Prez assent
Returned by Prez for consideration

1) Simple for all matters

Voting
2) Special for resolution for creation & abolition of SLC
Majority
3) Effective for removal of Speaker
4) Casting vote is for Presiding officers to vote in case of tie

1) Constitution
Official language - english or Hindi
Language but Presiding officer can permit mother tongue
State Legislative Assembly is authorised to decide

47
 I
Right of
Rights of Ministers & Advocate General
Ministers
Right to speak in house or committees

:
&
But NO right to vote
Advocate
General
1) Originate from any house
2) Introduction by minister or pvt members

3) FIRST READING
Transmitted from origin house to second house
Deemed to pass when two houses agreed with or without amendments
For Unicameral, passed by State Legislative Assembly & directly sent
to Governor

4) BILL IN SECOND HOUSE

Passes through 3 readings

:
Passed with amendments or return to State Legislative Assembly
Pass without amends
Reject the bill
No action, can keep it for 3 months
Passed without amends, then sent to Governor for assent
If returned, State Legislative Assembly may pass bill again ->
Ordinary Bill to the council -> council passes the bill with amendments, not acceptable to State
Legislative Assembly or rejects or keeps pending for 1 month, bill considered passed by
both houses
So, Ultimate power to pass the bill is with State Legislative Assembly
Council can keep it for max 4 months (3 +1 months)
NO joint sessions for disagreement over the bill

5) ASSENT OF GOVERNOR
Give assent bill becomes Act
Withhold bill - ends
Return for reconsideration of house, later must pass If returned by house with or
without amendments
Reserve for reconsideration of Prez

6) ASSENT OF Prez
Gives assent

=
Withhold assent
Return for reconsideration, house must reconsider within 6 months
Prez NOT obligatory to give assent if sent again (like in parliamentary bills)

48
 I
1) INTRODUCTION
Only in State Legislative Assembly
-Recommendation of Governor
by a Minister (Govt bill)

2) BILL IN SECOND HOUSE

After State Legislative Assembly passes its given to second house

:
SLC has restricted powers, cannot reject or amend but only recc. return within 14
days
If State Legislative Assembly accepts, passed in modified form or reject recc of SLC -
Money Bill
bill passed in original
If SLC dont not return within 14 days, bill is considered passed by both houses

3) ASSENT BY GOVERNOR
Gives assent
:
Withhold
Reserve for Presidential Assent

4) PRESIDENT ACTION
Give assent
Withhold
Cannot return it for reconsideration

1) Sarkaria Commission (Centre-state relation) 1983-88, classified bill reserved for Prez
in three categories

(2) Bills must be reserved

Which derogates the powers of High Court
Money Bill Endangers position that a court has to fill as per constitution(ART 200)
Reserved Imposition of taxes or water or electricity
for Prez Attract provisions of Art 288
Which fall under Art 360

3) Bill MAY BE RESERVED for Prez

Securing immunity from ART 14 & 19

:
Related to subject in concurrent list
Ensure operation of provision despite their repugnancy to a union law
Securing Prez assent in terms of Art 245
Imposing restrictions on trade & commerce without prior sanction from Prez
(Art 304)
Bills not falling under any category above but may be reserved under (Art 200)

49
 i
1) STATUS EQUAL to State Legislative Assembly
Introduction + passing of ordinary bills
Approval of ordinance by Governor
Selection of min including CM
Reports from CAG, State Finance Comm
Enlarge Jurisdiction of State Public Service Comm
Position
of SLC 2) STATUS UNEQUAL to State Legislative Assembly
In case of Disagreement, will of State Legislative Assembly prevails
SLC cannot introduce, amend or reject money bill
Only speaker of State Legislative Assembly decides bill is a money bill or not
SLC can only discuss budget, not vote on demand
SLC has no say in ratification of Constitutional amendment bill
No confidence motion passed only in State Legislative Assembly
For SLC depends on will of State Legislative Assembly

1) COLLECTIVE
Publish reports, debates, proceedings
Right to prohibit others from publishing
Hold secret meetings
Rules to regulate own procedure, conduct its business, adjudicate on them
Punish members, outsiders for breach of privileges
Right to receive immediate info of detention, conviction & imprisonment
Privileges
of SL 2) INDIVIDUAL
Members are not arrested during session & 40 days before beginning or 40 days
after ending of such session (only for civil cases)
Freedom of speech - not liable to any court proceedings for matters said on
floor
Exempted from jury service, give evidence or to appear witness in pending
matter when State Legislative Assembly is in session

50
 SUPREME COURT OF INDIA

~ An integrated judicial system with the Supreme Court at the top and the
High Courts below it
v Hierarchy of Subordinate Courts, that is, District Courts and other
lower Courts below High Court
~
Adopted from the Government of India Act of 1935, enforces both Central
laws as well as the state laws
V Inaugurated on January 28, 1950. It succeeded the Federal Court of India,
jurisdiction of SC > FC
Organisation, independence,
~ Articles 124 to 147 in Part V x jurisdiction, powers, procedures
and so on of the Supreme Court

Judges - Appointed by President after

* 33 + 1 = 34 consulting CJI & other judges deemed
Composition Appointment necessary
Other CJI *
judges CJI - Appointed by President after consulting
other judges of SC & HC deemed necessary

51
 Controversy over consultation

First Judges Case Second Judges Third Judges Case NJAC Act Fourth Judges
(1982) Case (1983) (1998) (2014) Case (2015)

- Consultation means v‘Consultation of ~ Removed collegium W Removed NJAC

~Consultation
doesn’t mean concurrence, CJIs plurality of judges’ with a new body and brought
concurrence, but advice necessary for - CJI to consult (executive included back the
only exchange of President, CJI collegium of 4 - law minister) collegium
views should consult 2 senior most judges system
senior most judges

~
Supreme Court ruled that the seniormost judge of the Supreme Court
should alone be appointed to the office of the Chief Justice of India.

Citizen of India.
= He should have been a judge of a High Court (or High Courts in
Qualifications succession) for five years)
He should have been an advocate of a High Court (or High Courts in
* succession) for ten years
He should be a distinguished jurist in the opinion of the President.

52
 Before the President or person appointed by him

To bear true faith and allegiance to the Constitution of India;

Oath or Affirmation To uphold the sovereignty and integrity of India;
To duly and faithfully and to the best of his ability, knowledge and judgement perform the duties
? of the office without fear or favour, affection or ill-will; and
W To uphold the Constitution and the laws.

65 years of age, Any questions regarding his age determined by Parliament >
Resign by writing to the President X- Tenure
Removed by President on recommendation of Parliament -

Removed by the order of the President addressed by Parliament

Removal of
" The address must be supported by a special majority of each House
Judges of Parliament (ie, a majority of the total membership of that House
and a majority of not less than two-thirds of the members of that
House present and voting)

44 Grounds - Proved misbehaviour or incapacity

Judges enquiry act (1968):

Removal motion signed by 100 MPs if LS, 50 MPs if RS CJI or Judge of SC

~Speaker/Chairman may admit or refuse it CJ of an HC
W 3 member committee constituted for investigation
- Distinguished Jurist
W After the committee finds him guilty, motion is passed

through both the houses by special majority

53
 Acting CJI AD hoc Judge Retired Judge

~ ~ CJI can request a retired SC or

~ President can appoint any SC If lack of quorum, CJI can
judge as CJI if : appoint an HC judge to fill it HC judge (qualified to be an SC
N CJI office is vacant ~ Done with the consent of the judge) to be appointed as an SC
~ Temporarily absent President & concerned CJ of judge
~ e Done with previous consent of
CJI unable to perform his duties that HC
~ Appointed judge should be President & the appointee.
~ Allowances determined by
qualified to be a SC judge
President

Seat of SC

~ Constitution declares it as Delhi

CJI with the approval of the
President can opt any other places
as seat of SC

54
 JUDICIAL INDEPENDENCE

Mode of Appointment Security of Tenure Fixed Service Conditions

& Appointed by the - Dont hold office ~ Though fixed by

President with the during the pleasure Parliament, cannot be
consultation with of the President changed to their
judiciary itself ~ Removed only in the disadvantage after their
Curtails absolute manner mentioned in appointment
discretion of executive the Constitution

Expenses Charged on CFI Conduct of Judges Cannot Ban on Practice After

be Discussed Retirement
~ Including expenses of their
staffs and administrative ~Except z
when impeachment This ensures they dont
costs motion is under favour anyone in hope of
consideration future favour
Separation From the
Executive

Power to Punish for its W

Can be seen its
Freedom to Appoint its Jurisdiction Cannot be
Contempt Staff Curtailed Constitutional presence
in DPSP (Art 50)
~ Vested to maintain its ~ Without any ~ Parliamentcan extend but
authority, dignity and interference from the cannot curtail
honour executive

55
 JURISDICTION & POWERS OF SC

Original Jurisdiction Writ Jurisdiction

~ Means to hear such disputes in first ~ Habeas Corpus, Mandamus,
instance, Exclusive means only SC can Prohibition, Quo Warranto and
decide such disputes. They are: Certiorari
~ Centre vs States ~The writ jurisdiction is original
~ Centre, States vs States but not exclusive
~ States vs States ~Writ jurisdiction of HC > SC (SC
only for FR, but HC for FR and
Jurisdiction doesnt extend to: others also)
5
issues
~ Pre-Constitutional
Disputes out of jurisdiction
~ Inter-state water disputes Appellate Jurisdiction If HC certifies that law requires
~ Matters referred to Finance Commission interpretation of Constitution
~ Expenses & pension issues btw centre & It enjoys wide appellate jurisdiction Certified by HC on law of general
states under: importance, or needs to be decided by
~ Commercial disputes btw centre & SC
states Appeals in Constitutional matters If HC reversed the acquittal to death
~ Recovery of damages of states against sentence, or life imprisonment or for
centre Appeals in civil matters
fi -
10 years or takes the case from
subordinate court and does the same
Appeals in criminal matters Art 136, on any matter from any court
>
- except military court. Its a
Appeals by special leave &
discretionary power

56
 Advisory Jurisdiction A Court of Record
~ Art 143, President can seek opinion ~ The judgments,
of the SC on: proceedings are
recorded for perpetual
~Questions of law or fact of public memory
importance (SC may or may not ~ It has power to punish
tender advice) for Contempt of Court
~ Disputes arising out of pre-
Constitutional issues (SC must -
tender advice)
~ Advice not binding on the President Civil Contempt Criminal Contempt

~ Wilful disobedience to ~Publication of any matter or doing an act which–(i)

any judgement, order, scandalises or lowers the authority of a court; or
writ or other process of (ii) prejudices or interferes with the due course of
a court or wilful breach a judicial proceeding; or
of an undertaking given (iii) interferes or obstructs the administration of
to a court justice in any other manner.

57
 INDIAN SUPREME COURT US AMERICAN SUPREME COURT

~ Its original jurisdiction is confined to federal cases. ~ Its original jurisdiction covers not only federal cases but
also cases relating to naval forces, maritime activities,
ambassadors, etc.

z
~ Its appellate jurisdiction covers Constitutional, civil and Its appellate jurisdiction is confined to Constitutional
criminal cases. cases only.

~It has a very wide discretion to grant special leave to appeal ~ It has no such plenary power.
in any matter against the judgement of any court or
tribunal (except military).

~ It has advisory jurisdiction. ~ It has no advisory jurisdiction.

- Its scope of judicial review is limited. L Its scope of judicial review is very wide.

~ It defends rights of the citizen according to the V It defends rights of the citizen according to the 'due
'procedure established by law'. process of law'.

~ Its jurisdiction and powers can be enlarged by Parliament. ~ Its jurisdiction and powers are limited to that conferred
by the Constitution.

~It has power of judicial superintendence and control over z It has no such power due to double (or separated)
State High Courts due to integrated judicial system. judicial system.

58
 HIGH COURTS

Origin of High Court

High Courts of After 1950, HC
Under provisions of Calcutta, Bombay
Indian High Courts existing in province
and Madras were -
Act, 1861 >
- became HC for
setup in 1862 corresponding state

Constitution of India provides for a HC for each state

Each State 1:1 1 High Court

>
-
~ Parliament can extend the jurisdiction of a
HC to any UT or exclude jurisdiction of a
-
> HC from any UT
7th CAA 1956 n:1
Multiple States/UTs - 1 High Court
~
~
Article 214 to 231, Part VI of the
C Authorised parliament to establish a common High Court for two or more Constitution deals with Organisation,
states or Union Territories Independence, Jurisdiction, powers,
procedures and so on of the HCs
The territorial Jurisdiction of a HC is coterminous with territory of State/
UT or States/UTs in case of common HC

59
 At Present there are 25 HC's in India

~ Oldest HC =Calcutta HC, 1862

~ UT with HC = Delhi

v UT's of J&K and Ladakh have a common HC

Punjab HC with jurisdiction over maximum no. of states
~ Latest HC = Andhra Pradesh HC, 2019 Haryana Assam
Chandigarh Arunachal Pradesh
~
-
HC with more than 1 State/UT Jurisdiction = Bombay, Punjab, Gauhati Mizoram
Nagaland
- Kolkata Madras Kerala
Maharashtra
Goa and Y S
Dadra and Nagar West Bengal Tamil Nadu Kerala,
Haveli, and Daman Andaman & Nicobar Pondicherry Lakshadweep
and Diu islands

Appointed by President ~ Constitution does not

-
>
CJ if High Court consulting CJI and specify strength of HC
respective Governor of the and leaves the discretion
>
- state to President
Composition & Appointment
Appointed by the President
- -a
Work load No. Of judges
Judges of High Court>consulting CC of that HC
and respective Governor

60
 Second Judge Case (1993) Third Judge Case (1998) NJAC Act (2014) Fourth Judge Case
Controversy (2015)
regarding · G Removed collegium
G Appointed by President on 4 While recommending Removed NJAC
appointment recommendation for CJI President CJI should with a new body and brought
consult collegium of 2 senior (executive included back the
most judges - law minister) Collegium System

He/She should be a citizen of India X

Qualifications
He/She should have held a judicial office for 10 years in territory of India . of Judges
He/She should have been an advocate of HC or HCs in succession for 10 years E

Before the Governor or the person appointed by him

Oath &
--To bear true faith and allegiance to the Constitution of India;
Affirmation To uphold the sovereignty and integrity of India;
" To duly and faithfully and to the best of his ability, knowledge and
judgement perform the duties of the office without fear
or favour, affection or ill-will; and
~To uphold the Constitution and the laws.

61
 65 years of age, Any questions regarding his age determined by Parliament
Tenure Resign by writing to the President
> Removed by President on recommendation of Parliament
Vacates his seat if transferred to another HC or SC

Removed by the order of the President addressed by Parliament

The address must be supported by a special majority of each House

of Parliament (ie, a majority of the total membership of that House
↑-
Removal of and a majority of not less than two-thirds of the members of that
Judges House present and voting)

Grounds - Proved misbehaviour or incapacity

-
Judges enquiry act (1968):
CJI or Judge of SC
Removal motion signed by 100 MPs if LS, 50 MPs if RS CJ of an HC
Speaker/Chairman may admit or refuse it -- Distinguished Jurist
3 member committee constituted for investigation
After the committee finds him guilty, motion is passed
through both the houses by special majority

President can transfer HC judges after consultation with CJI

Transfer of Decision of transfer is subject to judicial review
Judges En Third judge case - CJI should consult 4 senior most judges and CJs of
transferring and receiving HC

62
 Additional Judge Acting Judge
Acting Chief Justice
GPresident appoints qualified
G President can appoint any HC President can appoint person as acting judge when:
judge as CJ if : qualified person as additional vJudge unable to perform his
CJ office is vacant judge (<2 years) when: duty
:Temporarily absent Increase in the business Judge temporarily appointed
CJ unable to perform his duties There is arrears of work as CJ of HC

Cannot hold office after 62 years

Retired Judge
~ CJ of HC can request a retired
HC judge to be appointed as an
HC judge for temporary period
~ Done with previous consent of
President & the appointee.
Allowances determined by
President

63
 INDEPENDENCE OF HIGH COURT

Mode of Appointment Security of Tenure Fixed Service Conditions

~ Appointed by the ~ Dont hold office ~ Though fixed by
President with the during the pleasure Parliament, cannot be
consultation with of the President changed to their
judiciary itself Removed only in the disadvantage after their
Curtails absolute manner mentioned in appointment
discretion of executive the Constitution

Ban on Practice After

Expenses Charged on CF Conduct of Judges Cannot Retirement
be Discussed
~Salary, allowance, expenses ~ Except the Supreme Court
of staffs and administrative ~Except when impeachment and the other High Courts.
costs on CF of state, motion is under This ensures they dont
Pension of HC judges on CFI consideration favour anyone in hope of
future favour Separation From the
Executive

Power to Punish for its Freedom to Appoint its Jurisdiction Cannot be ~Can be seen its
Contempt Staff Curtailed Constitutional presence
in DPSP (Art 50)
~ Without any ~
Parliament & State
~ Vested to maintain its
authority, dignity and interference from the Legislature can change
honour executive power & jurisdiction but
cannot curtail

64
 JURISDICTION & POWERS OF HIGH COURT

Original Jurisdiction Writ Jurisdiction

~Means to hear disputes on the first ~ Art 226 - Habeas Corpus,

instance. Mandamus, Prohibition, Quo
v Matters of Admirality & contempt Warranto and Certiorari
Disputes related to elections of MPs
~
and MLAs The writ jurisdiction is not
~Revenue matters exclusive but concurrent with SC
~Enforcements of Fundamental Rights
~
~Cases transferred from Subordinate Writ jurisdiction of HC > SC (SC
Courts only for FR, but HC for FR and
~ Calcutta, Bombay, Madras & Delhi HC others also)
have original civil jurisdictions of higher
values

Civil Matters Criminal Matters

~ ~ Judgements of sessions
- Orders & judgments of
Appellate Jurisdiction Subordinate Courts courts & additional sessions
~
Calcutta, Bombay &. Madras HC courts if imprisonment is > 7
has provisions for Intra-Court years
~ Sessions courts can award
appeals
wAppeals from Decisions from death sentence only after
Administrative & other tribunals permission of HC

65
 I
Supervisory Jurisdiction Control Over Subordinate Courts

~ Power of superintendence over all ~ Consulted by governor in matters of appointment, posting & promotion of
courts & tribunals under its district judges
territorial jurisdiction wAlso deals with posting, promotion, grant of leave, transfers & discipline of
~ Covers not only administrative members of judicial service (Other than District Courts)
but also judicial superintendence ~ Withdraw cases pending in Subordinate Courts
~ It is a revisional jurisdiction V Its law is binding to all the Subordinate Courts in its territory

~ It can be suo-motu

Judicial Review
A Court of Record
Like SC, HC can also review its Examine the Constitutionality of legislative
~ The judgments,
>
- judgments, but its not mentioned enactments and executive orders of both
proceedings are
in Constitution the Central and State Governments.
recorded for perpetual
memory
Power to Punish for - ‘Contempt of Court’ is not
Contempt of Court defined in Constitution

Civil Contempt Criminal Contempt

~ Wilful disobedience to V Publication of any matter or doing an act which–
any judgement, order, (i) scandalises or lowers the authority of a court;
writ or other process of or (ii) prejudices or interferes with the due course
a court or wilful breach of a judicial proceeding; or
of an undertaking given (iii) interferes or obstructs the administration of
to a court justice in any other manner.

66
 ~

SUBORDINATE COURTS

Constitutional Provisions > Articles 233 to 237 in Part VI

Appointment of District Judge

Appointment, By Governor in consultation with the State HC

Posting &
Promotion
Shouldn’t be in service centre or State gov
Qualifications Be an advocate or pleader for 7 years
Recommended by HC for appointment
Interpretation
Appointment of Other Judges Judge of a City Civil Court
Additional District Judge
By Governor in consultation with State HC and SPSC Joint District Judge
Control of posting, promotion, leaves is vested in state HC District Judge Assistant District Judge
Chief Judge of a Small Cause Court
Chief Presidency Magistrate
Structure & Jurisdiction Additional Chief Presidency Magistrate
Sessions Judge
Additional Sessions Judge
Appeals - To HC
Assistant Sessions Judge
Capital punishment by Session Judge should
be confirmed by HC

67
 NATIONAL LEGAL SERVICE AUTHORITY (NALSA)

Supreme Court Legal Services Committee

State Legal Service Authority
Art 39A - Free legal aid to the poor & weaker sections High Court Legal Service Committee
Art 14 & 22(1) - ensure equality before law and a legal District Legal Service Committee
system which promotes justice on Taluk Legal Service Committee
the basis of equal opportunity to all.
All of these may organise Lok Adalats
Hence, NALSA constituted under The Legal Services
Authority act 1987 Non-Compoundable cases fall outside Lok
Adalats
Functions:
-
1. Free and competent legal services to the eligible persons. Same powers as are vested in a Civil Court
-
2. organise Lok Adalats under the Code of Civil Procedure (1908)
3. organise legal awareness camps
No strict application of procedural laws like
the Civil Procedure Code and the Evidence
LOKADALTS Forum where pending cases or pre-litigation cases are
Act
settled in amicable manner
Award shall be final & binding, no appeal in
Got statutory status under The legal any court
Services Authority Act 1987
3 Membered Body:
PERMANENT Under The Legal Service Authorities A Chairman ( has been a district judge or additional district judge or has
LOKADALATS (Amendment) Act, 2002 held judicial office higher in rank than that of the district judge)
Two other persons having adequate experience in public utility services.
Providing compulsory pre-litigative
mechanism for conciliation and settlement
of cases relating to public utility services. GRAM NYAYALAYAS For every
(The Gram Nyayalayas Panchayats or group
FAMILY COURTS To promote conciliation and secure speedy Act 2008) of Panchayats
(Family Courts settlement of disputes relating to marriage A Mobile Court
Act 1984) and family affairs.

68
 TRIBUNALS

No provisions in original Constitution

42nd CAA - Part XIV A, (Art 323A & 323B)

Administrative Tribunal (323A)

Enables the Parliament to take out the adjudication of

disputes relating to service matters from the Civil
Courts and the High Courts and place it before the
Administrative Tribunals.
↑
Administrative Tribunals Act in 1985

Central Admin Tribunal

-

Principle bench at Delhi Members from Judicial & Administrative Guided by principle of Natural
17/19 regular benches at High streams Justice
Courts (other 2 @ Jaipur &
Lucknow) Appointed by President Appeals against the orders to be
Recommended by high powered made in HC first (Chandra Kumar
Covers all matters of public selection committee with concurrence Case 1997)
servants of CJI
Except Defence forces, SC staffs, Approved by Appointment Committee
Secretarial staffs Parliament of Cabinet
Holds office for 4 years or Chairman -
70 years, members - 67 years

69
 State Admin Tribunal

Empowers central Govt to establish SATs

Original jurisdiction in service matters of State

Govt employees

Chairman & members appointed by President

consulting the Governor

Provisions for Joint Admin Tribunal - Chairman

& Members appointed by President consulting
concerned Governors

Tribunals for Other Matters (Art 323B)

(a) Taxation
Both Parliament & State Legislature (b) Foreign exchange, import and export
authorised to establish it for disputes (c) Industrial and labour
relating to - (d) Land reforms
(e) Ceiling on urban property
(f) Elections to Parliament and State Legislatures
(g) Food stuffs
(h) Rent and tenancy rights

70
 PANCHAYATI RAJ

Panchayati Raj Institutions (PRIs)

Panchayati Raj Institution (PRI) is a system of rural local Self-Government

in India

C Management of local affairs by such local bodies who have been elected by
the local people

Constitutionalised through the 73rd

Constitutional Amendment Act of 1992

Seventh Schedule to the Constitution of India

-
Fifth entry of the State List deals with ‘Local
Government'

71
 British Period

Village panchayats lost their autonomy and became weak

Y Mayo's resolution of 1870 - Development of local institutions by
enlarging their powers & responsibilities
~Lord Rippon in 1882 - provided democratic framework to these institutions

~ Royal Commission on Decentralization (1907) -> Recognized the importance of

panchayats at the village level
~ Montague-Chelmsford Reforms(1919) -> Brought Local Self-Government as a
provincial transferred subject

Due to organisational and fiscal constraints, the reform

was unable to make Panchayat Institutions truly
democratic and vibrant

Government of India Act, 1935

The provincial autonomy scheme marked the evolution of

panchayats in India
~ Local Self-Government was provincial transferred subject

72
 In Course of National Movement – From the 1920s to 1947

Emphasized the issue of all-India Swaraj

=
~Gandhi ji favoured — Village Swaraj and strengthening the village panchayat to the fullest
extent

~ Dr. R. Ambedkar —> The village represented regressive India, a source of oppression, so
opposed it. Dall

Drafting of the Constitution of India

& Panchayati Raj Institutions were placed in DPSP under Article 40 as non-justiciable part of
the Constitution

73
 ·

Aspect EVOLUTION OF PANCHAYATI RAJ (Post Independence)

Balwant Rai Mehta Ashok Mehta G.V.K. Rao L.M. Singhvi Thungon Gadgil
Committee Committee Committee Committee Committee Committee
(1957) (1977) (1985) (1986) (1988) (1988)
Structure Three-tier system: Two-tier system: Emphasized Zila Reorganization of Three-tier system Three-tier system
Gram Panchayat, Zila Parishad Parishad as the villages to make with Panchayats at with Panchayats at
Panchayat Samiti, (district), Mandal pivotal body for Gram Panchayats the village, block, the village, block,
Zila Parishad. Panchayat (group planning and more viable. and district levels and district levels
of villages) development

Elections Direct elections for Official Recommended Fixed tenure of 5 Direct elections
Gram Panchayat; participation of regular elections years; maximum for all levels.
indirect for other political parties at to all tiers. supersession period
tiers. all levels of of 6 months.
elections.

Role of Advisory, Executive body Principal body for Advocated Pivot of the Responsible for
Zila coordinating, and responsible for managing all constitutional Panchayati Raj socioeconomic
Parishad supervisory body. district-level development recognition to system; planning and development
planning. programs at the strengthen development agency planning and
district level. Panchayati Raj. in the district. implementation.

Role of Executive body Eliminated in favor Assigned roles in Emphasized Focused on its Aligned
Panchayat at the block of Mandal planning, Gram Sabha coordination role with
Samiti level. Panchayat. implementation, as a direct within the three- three-tier
and monitoring democracy tier system. structure
of rural body. recommen
development dations.
programs.
III
74
 Advocated Mandatory Not Advocated more State Finance Recommended
adequate taxation powers specifically financial Commission taxation powers for
Financial resource for Panchayati Raj emphasized. resources for recommended for Panchayats and
Empowerment transfer for institutions Village devolution of establishment of a
functions and Panchayats. finances. State Finance
responsibilities Commission

Recommended Strongly Advocated Advocated

Not Constitutional Not addressed recommended Constitutional Constitutional
Constitutional addressed recognition for Constitutional recognition and status for
Status Panchayati Raj recognition with incorporation of Panchayati Raj
Institutions. a new chapter in detailed subjects in Institutions.
the Constitution. the Constitution.

District Collector Recommended Proposed District Emphasized the Recommended Recommended

to chair Zila voluntary agencies' Development role of judicial reservation of State Election
Other Parishad. involvement and Commissioner as tribunals for seats for SCs, Commission for
Features social audits for the CEO of Zila resolving STs, and women Panchayat
transparency. Parishad. Panchayati Raj- elections
related disputes.

Laid the Recommendations Emphasized Paved the way Provided a Formed the
foundation for influenced decentralization for detailed basis for the
Panchayati Raj; revitalization in and redefined the Constitutional framework for 73rd
Impact adopted by Karnataka, West developmental recognition of Constitutional Constitutional
Rajasthan first Bengal, and Andhra role of Zila Panchayati Raj status, planning, Amendment
(1959) Pradesh despite no Parishad and Institutions. and reservation Act, 1992
central action. District Collector. in Panchayati Raj.

75
 Constitutionalisation

Rajiv Gandhi Government

Introduced, 64th Constitutional Amendment Bill in the Lok Sabha in July 1989 to
Constitutionalise Panchayati Raj Institutions, couldn't passed by Rajya Sabha
4 Opposition --> It sought to strengthen centralisation in the federal system

V.P. Singh Government

~ National Front Government —> two-day conference of the state chief 3

ministers discussing the issues
~ Constitutional amendment bill was introduced in the LS in September 1990

~ However, the fall of the Government resulted in the lapse of the bill

Narasimha Rao Government

G 64th Constitutional Amendment Bill emerged as the 73rd Constitutional Amendment

Act, 1992 and came into force on 24 April, 1993

76
 73RD AMENDMENT ACT OF 1992

SIGNIFICANCE OF THE ACT

New Part IX to the Constitution, eleventh schedule

consisting 29 functional items of the panchayats -

& Part IX - Article 243 To Article 243 0

New Eleventh Schedule to the Constitution - 29
functional items of the panchayats

Deals with Article 243-G

~ Democratic Shape to Article 40 (DPSP) - "State to organise the village panchayats and provide them powers and
authority so they can function as Self-Government."

W Constitutional Status to PRIs -> come under the purview of justiciable part of
the Constitution and mandates states to adopt the system

~ Further, the election process in the Panchayati Raj Institutions will be held
independent of State Governments will

77
 Act has two parts
S
&

Compulsory Must be added to state laws, which Voluntary Discretion of the State
includes the creation of the new Panchayati Raj Government
Systems

vOrganisation of Gram Sabha vGram Sabha with powers and function

v
Establishment of panchayats -›village, intermediate and district ~ Determining the manner of election of the chairperson
levels (state having a population not exceeding ~ Giving representation to the chairpersons of the village
20 lakh may not constitute panchayats at the intermediate level) panchayats in the intermediate panchayats or in the case of a
~Direct elections to all seats in panchayats state not having intermediate panchayats
~ Indirect elections to the post of chairperson of panchayats at the ~ Giving representation to the chairpersons of the intermediate

intermediate and district levels. panchayats in the district panchayats

~ Voting rights of the chairperson and other members of a ~Giving representation to members of the Parliament and the
panchayat State Legislature in the panchayats
~ 21 years to be the minimum age for contesting elections to ~Providing reservation of seats for backward classes in panchayats

panchayats at any level granting powers and authority to the panchayats to

v Reservation of seats (both members and chairpersons) for SCs enable them to function as institutions of Self-Government
and STs ~ Devolution of powers and responsibilities upon panchayats to
V Reservation of one-third seats (both members and chairpersons) prepare plans for economic development and social justice -
for women in panchayats some or all of the 29 functions listed in the Eleventh Schedule
~ Fixing tenure of five years for panchayats and holding fresh ~Granting financial powers to the panchayats
elections within six months in the event of supersession of any ~ Assigning to a panchayat the taxes, duties, tolls and fees levied

panchayat ~ Making the grants-in-aid to the panchayats from the

~ Establishment of a State Election Commission for conducting Consolidated Fund of the State and collected by the State
elections (Art 243 K) Government
~ Constitution of a State Finance Commission after every five ~ Providing for the Constitution of funds for crediting all

years to review the financial position of the panchayats (Art 243 I) moneys of the panchayats

78
 PESA ACT OF 1996 (EXTENSION ACT)

~ Provisions of Part IX of the Constitution relating to the Panchayats are

not applicable to the Fifth Schedule areas

v The Fifth Schedule provides for the administration of tribal Areas in ten
states in India, including
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand,
Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana

Parliament has enacted the "Provisions of the Panchayats

(Extension to the Scheduled Areas) Act", 1996, popularly
known as the PESA Act or the Extension Act

Provisions of the Act:

I
~ In consonance with the customary law, social and religious practices and
traditional management practices of community resources.
~ Gram Sabha consisting of persons whose names are included in the electoral
rolls for the Panchayat at the village level.
~ Certification of utilisation of funds for the plans, programmes and projects from Gram Sabha.
~ The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the
population of the communities.
~Nomination of tribal members by State Govt.

79
 FINANCES OF PANCHAYATI RAJ

Panchayats in our country receive funds in the following ways:

- Grants from the Union Government based on the

recommendations of the Central Finance Commission as per
Article 280 of the Constitution

~ Devolution from the State Government based on the

recommendations of the State Finance Commission as per
~ Loans/ Grants from the State Government Article 243 l

w Programme-Specific Allocation under Centrally Sponsored Schemes and

Additional Central Assistance

~ Internal Resource Generation (tax and non-tax)

80
 MUNICIPALITIES

Introduction
Urban Local Government governs urban areas through elected representatives.
Established under the 74th Constitutional Amendment Act, 1992.
Governed by Ministry of Housing & Urban Affairs, Ministry of Defence (Cantonment
Boards), Ministry of Home Affairs (UTs).
1688: First municipal
1935 (Govt. of India Act): Local corporation in Madras. 1726: Municipal
self-government became a corporations in
provincial subject. Bombay and Calcutta.

1924: Cantonments Act passed. Evolution of Urban 1870 (Lord Mayo): Financial
Local Bodies decentralization, local self-
1919 (Govt. of India Act): Local self- government development.
government made a transferred
subject under Indian ministers. 1882 (Lord Ripon): ‘Magna Carta
of local self-government’; Ripon
1907: Royal Commission on is the father of local self-
Decentralisation (Chairman: government in India.
C.E.H. Hobhouse).

65th Amendment Bill (1989): Introduced by Rajiv Gandhi but failed in Rajya Sabha.
Constitutionalisation Nagarpalika Bill (1990): Introduced by V.P. Singh government but lapsed.
of Municipalities 74th Amendment Act (1992): Introduced by Narasimha Rao, came into force on 1st June
1993.

81
 74th Constitutional Amendment Act, 1992
Added: Part IX-A (Articles 243P - 243ZG) & Twelfth Schedule (18 functional items).
Purpose: Strengthened & constitutionalized urban local governments.
Reservation of Seats
Three Types of Municipalities
• SCs & STs: In proportion to population.
• Nagar Panchayat (Transitional area).
• Women: Minimum 1/3rd (including SC/ST women).
• Municipal Council (Smaller urban area).
• Backward Classes: At discretion of State Legislature.
• Municipal Corporation (Larger urban area).
• Reservation Validity: Up to 2030 as per Article 334.
Exception: Industrial townships need not have a municipality.
Other Committees Factors for Classification
• State Legislature can create • Population & Density
additional committees. Salient Features • Revenue Generation
• Chairpersons of such committees • Employment in Non-Agricultural Activities
can be part of the municipality. • Economic Importance
Composition
Wards Committees • Directly elected members (wards).
• Mandatory for municipalities with 3 lakh+ • Chairperson: Manner of election decided by State Legislature.
population. • Nominated Members (without voting rights): Experts in
• State Legislature defines composition & municipal administration.
functioning.
Term: 5 years from the first meeting.
Dissolution: Can be dissolved before 5 years. Fresh elections must be held:
• Before expiry of 5 years OR
• Within 6 months of dissolution.
Duration & Dissolution If the remaining term is less than 6 months, fresh elections are not needed.
of Municipalities Prematurely dissolved municipalities continue for the remainder of the term.
Dissolution conditions:
• Municipality must be given a hearing before dissolution.
• No law can dissolve a municipality before its term.

82
 Disqualifications Elections & State Election Commission

A person is disqualified if: Supervision of elections done by State Election

• Disqualified under state election laws. Commission.
• Disqualified under a state law specifically for municipalities. State Legislature makes rules for municipal elections.
Minimum Age: 21 years (even if other elections require 25 years).
Authority: State legislature decides who handles disqualification
cases. Finances of Municipalities

Powers & Functions of Municipalities State Legislature can:

• Authorize levying, collecting, and appropriating taxes,
State legislature grants powers to municipalities. duties, tolls, fees.
Duties: • Assign taxes collected by the state government to
Plan & implement economic development & social justice. municipalities.
Execute schemes related to 18 matters listed in the Twelfth • Grant financial aid from the state’s Consolidated Fund.
Schedule. • Establish municipal funds for crediting all revenues.

Finance Commission & Municipalities

State Finance Commission (SFC) reviews financial position every 5 years.

Recommendations to Governor on:
1. Sharing of taxes between state & municipalities.
2. Assignment of specific taxes to municipalities.
3. Grants-in-aid from state Consolidated Fund.
4. Measures to improve municipal finances.

Governor submits recommendations to the state legislature.

Central Finance Commission can also suggest measures to support municipal finances.

Audit of Accounts State Legislature determines rules for maintaining and auditing municipal accounts.

83
 Special Provisions for Union Territories & Exempted Areas

Union Territories:
• President can modify municipal provisions in UTs.
• Delhi: Exempted from District & Metropolitan Planning
Committees.
Exempted Areas:
• Scheduled & Tribal Areas in 10 states.
• Darjeeling Gorkha Hill Council in West Bengal.
• Parliament can extend municipal provisions to scheduled &
tribal areas.
District Planning Committee (DPC) Metropolitan Planning Committee (MPC)

Purpose: Consolidate panchayat & municipal plans into a district Purpose: Prepare a draft development plan for
development plan. metropolitan areas (population 10 lakh+).
Composition: Composition:
• 4/5th elected members from district panchayat & • 2/3rd members elected from municipalities &
municipalities. panchayats.
• Representation is proportional to rural-urban population • Representation based on urban-rural population
ratio. ratio.
DPC functions: MPC functions:
• Coordinate spatial planning, water sharing, infrastructure & • Coordinate plans of municipalities &
environment. panchayats.
• Consider financial resources available. • Ensure integrated infrastructure development.
• Consult institutions as per Governor’s directive. • Consider Central & State Government
• Chairperson forwards the district plan to the state priorities.
government. • Assess financial investments in the metro area.
• Chairperson forwards the metro plan to the
state government.

84
 Other Important Provisions

Existing Municipal Laws: Continue for 1 year after 74th Amendment (1993) unless modified.
Judicial Bar on Electoral Matters:
Courts cannot question:
• Delimitation of wards.
• Allotment of seats.
• Elections (except via an election petition as per state law).
Tax Revenue
Loans • Property Tax (Main tax revenue)
• Borrowed from state government & • Entertainment Tax
financial institutions • Advertisement Tax
• Requires approval from state government • Professional Tax
• Water Tax
Devolution Municipal Revenue • Animal Tax
• Funds transferred from (Sources of Income) • Lighting Tax
state government to local bodies • Pilgrim Tax
• Based on State Finance • Market Tax
Commission recommendations • Toll on Bridges
Non-Tax Revenue • Library Cess, Education Cess, Beggary Cess
• Rent on municipal properties
Grants • Fees & Fines
• Central & State Government • Royalties
grants • Profits & Dividends
• For development projects, • Interest
infrastructure, urban reforms • User Charges:
• Water charges
• Sanitation charges
• Sewerage charges

85
 Municipal Corporation
Created by: State Legislature (for states) / Municipality (For towns & smaller cities)
Special Purpose Agency (Function- Parliament (for Union Territories)
specific urban bodies) Three Authorities: Also called: Municipal Council, Municipal
Council (Deliberative & legislative body, Mayor Board, City Municipality
Established as: as head) Three Authorities:
• Statutory Bodies (by State Legislature) Standing Committees (Public works, education, Council (Deliberative & legislative body,
• Departments (by Executive Resolution) health, taxation, finance) President/Chairman as head)
Examples: Municipal Commissioner (Chief executive, IAS Standing Committees (Public works,
1. Town Improvement Trusts officer appointed by state government) taxation, health, finance)
2. Urban Development Authorities Chief Executive Officer (Appointed by
3. Water Supply & Sewerage Boards state government)
4. Housing Boards
Independent of local governments Notified Area Committee (For fast-
Types of Urban growing towns or important towns)
Port Trust (For port areas like Mumbai, Local Bodies
Created by: Notification in Government
Kolkata, Chennai) Gazette
Created by: Act of Parliament Not an elected body: All members (including
Functions: Chairman) are nominated by the state
• Manage & protect ports government
• Provide civic amenities Functions similar to a municipality
Composition: Elected & Nominated
members, Chairman is an official Cantonment Board (For civilian
Town Area Committee (For small towns)
population in military cantonments)
Created by: Cantonments Act, 2006 (Under Ministry Performs limited civic functions (drainage, roads,
Township (For staff of large street lighting)
public enterprises) of Defence)
Administered by: Central Government Created by: State Legislature Act
Administered by: Enterprise (No Total Cantonments: 62 (divided into four categories Composition:
elected members) based on population) Fully elected / Fully nominated / Partly
Town Administrator appointed to Composition: elected & partly nominated
manage administration
Partly elected, partly nominated
President: Military officer commanding the station
Vice-President: Elected by elected members
Functions similar to a municipality

86
 Scheduled and Tribal Areas
Article 244 in Part X of the Constitution envisages a special system of administration for certain
areas designated as

SCHEDULED AREAS TRIBAL AREAS

5th Schedule deals with administration 6th Schedule deals with

and control of Scheduled Areas and administration of Tribal Areas
Scheduled Tribes in any state except in states of AMTM*
AMTM*

*AMTM - Assam, Meghalaya, Tripura, Mizoram

BASIS 5th Schedule 6th Schedule

Applicability Andhra, Telangana, Jharkhand, Assam,Meghalaya, Tripura,

Chattisgarh, Odisha, HP, MH, MP, GJ, RJ. Mizoram.
Note: Any States except Assam,
Meghalaya, Tripura, Mizoram.

Declaration By President- can decrease, increase, By Governor- empowered to

alter its boundary lines, in consultation organize, reorganise autonomous
with the Governor. districts.

Executive Power • States executive power extends to • The Tribal Areas in the four
those areas. states have been constituted as
• Centre extends to giving directions to autonomous districts.
the States. • But they do not fall outside the
executive authority of the State
concerned.

Applicability of Law Governor is empowered to direct that Acts of Parliament or the State
any particular act of Parliament or the Legislature do not apply to
State Legislature does not apply to a autonomous districts and
Scheduled Area or apply with specified autonomous regions or apply with
modifications and exceptions. specific modifications and
exceptions.

Autonomy Panchayats (Extension to Schedule Greater autonomy compared to 5th

Areas act 1996. Schedule.

87
 CONSTITUTIONAL BODIES
Election Commission Finance Commission

Functions Elections to Parliament, State Legislature, Advising the government on tax devolution to
President & VP states, grants-in-aid, and other matters referred
to it by the President in the interests of sound
finance

Article/Act Article 324 Article 280

Composition Chief Election Commissioner + Election Chairperson & 4 Other Members

Commissioners (Such Number Fixed by
President)

Appointment President (On the recommendation of a President

committee consisting PM, Leader of
Opposition in Lok Sabha & Union Cabinet
Minster nominated by PM)
Term
Not Specified in N/A
Consitution - As determined by President
(Otherwise, upto 6 years or 65 years of
age)

Qualifications Constitution authorises Parliament to determine

Not Specified in Constitution the qualifications - (According to Finance
Commission Act 1951) Chairman = Person with
experience in Public Affairs + Members = Judge of
HC or any person eligible to such appointment,
Person with specialised knowledge in Finance &
Accounts of Government, Person with wide
experience in financial matters and
administration, Person with special knowledge of
Economics

Removal Election Commissioner - Removed by

President on Advice of CEC, Chief
Election Commissioner - Security of N/A
Tenure (Same Process as Removal of SC
Judge)

Resignation N/A
President
Second Term/ N/A
Reappointment Not Allowed

Further Employment Constitution has not debarred retiring N/A

Election Commissioners from further
employment

Ministry (if any) Ministry of Law and Justice Ministry of Finance

CEC and ECs have equal powers and Consituted every Fifth Year or at such earlier time
Additional Notes as determined by the President, Performs
allowances (similar to SC judge) -
advisory role only and submits it's report to
Decisions are taken by majority vote President who places it before the Parliament with
a memorandum explaining the actions taken on
the recommendations 88
 UPSC SPSC

Functions Recruitment to All-India and Central Services Recruitment to State Services + Advices the
+ Advices the Government on Promotion & Government on Promotion & Disciplinary
Disciplinary Matters Matters + Assists in framing rules of
appointment to judicial service of the state
(other than to the post of district judge)

Article/Act Article 315 to 323 Article 315 to 323

Composition Chairperson + Members (Such Number Fixed Chairperson + Members (Such Number Fixed by
by President) Governor)

Appointment President Governor

Term According to Constitution - Upto 6 years or 65 According to Constitution - Upto 6 years or 62

years of age years of age

Qualifications According to Constitution - 1/2 of members According to Constitution - 1/2 of members of

of the commission should have held an office the commission should have held an office for
for atleast 10 years either under the atleast 10 years either under the Government of
Government of India or any state India or any state

Removal Can be removed by President only in cases of Can be removed by President only in cases of
Insolvancy, Office of Profit, or Infirmity of Insolvancy, Office of Profit, or Infirmity of Mind
Mind or Body; Misbehaviour (Defined in or Body; Misbehaviour (Defined in Constitution) -
Constitution) - Only upon binding advice of Only upon binding advice of Supreme Court
Supreme Court after enquiry after enquiry

Resignation President Governor

Second Term/ Not Allowed Not Allowed

Reappointment

Further Chairperson - Not Allowed, Members of UPSC Chairperson - May be appointed as Chairperson
Employment - May be appointed as Chairperson of UPSC or or Member of UPSC or Chairperson of any other
SPSC but not any other employment SPSC but not any other employment, Members
- May be appointed as Chairperson or Member of
UPSC or Chairperson of any SPSC but not any
other employment

Ministry (if any) Ministry of Personnel N/A

Additional Notes Recommendations of UPSC are not binding on Recommendations of SPSC are not binding on
the government but non- acceptance must be the government, Annual Report of SPSC must
approved by Cabinet Committee on be placed before State Legislature by the
Appointments, Annual Report of UPSC must Governor along with a memorandum explaining
be placed before Parliament by the President the cases where the advice of SPSC was not
along with a memorandum explaining the accepted, Governor can regulate scope of SPSC
cases where the advice of UPSC was not in respect to state services and posts
accepted

89
 GST Council National Commission for BCs

Functions Cooperation & Coordination between Evaluating the working of constitutional and
Centre & States for smooth & efficient legal safeguards available to BCs and enquire
administration of GST in the country into specific complaints

Article/Act Article 279-A Article 338-B

Composition Union (Vote Share - 33%) - Finance Chairperson, Vice- Chairperson & 3 Other
Minister & Minister of State for Finance/ Members
Revenue + States - Minister (any -
preferably finance) + Chairperson of CBIC
(Permanent Invitee - Non Voting)

Appointment Constituted by President President

Term Conditions of Service & Tenure are

N/A determined by President (Currently, Term =
3 years)

Qualifications Establised as a Statutory Body in 1993 after

Mandal Case Judgement by Supreme Court,
N/A Conferred with Constitutional Status in
102nd Constitutional Amendment 2018

Removal
Resignation
Second Term/
Reappointment N/A N/A
Further
Employment

Ministry (if any) Ministry of Finance Ministry of Social Justice & Empowerment

Additional Notes Chairperson - Union Finance Minister & Annual Report of Commission is presented
Vice-Chairperson - Chosen among to the President who places it before the
ministers from the states, Decision Parliament and forwards it to Governors who
Making - Based on 3/4th Majority of place it before the State Legislature with
Weighted Votes of Members Present & memorandums explaining actions taken on
Voting (Quorum - 50%) the recommendation and explaining the
reasons for any cases of non- acceptance,
While enquiring into specific cases -
Commission has powers similar to that of a
civil court, Central & State Governments
must consult the commission on all major
policy matters affecting BCs

90
 National Commission for SCs National Commission for STs

Functions Evaluating the working of constitutional Evaluating the working of

and legal safeguards available to SCs and constitutional and legal safeguards
enquire into specific complaints available to STs and enquire into
specific complaints

Article/Act Article 338 Article 338-A

Composition Chairperson, Vice- Chairperson & 3 Other Chairperson, Vice- Chairperson & 3
Members Other Members

Appointment President President

Term Conditions of Service & Tenure are Conditions of Service & Tenure are
determined by President (Currently, Term = determined by President (Currently,
3 years) Term = 3 years)

Original Article 338 provided for Special Officer for SCs and STs, Government setup a
Qualifications
parallel non-statutory multi-member commission in 1978 for SCs and STs, Government
replaced Speical Officer for SCs and STs with a high-level National Commission for SCs and
STs in 65th Constitutional Amendment of 1990, Government bifurcated the Combined
Commission into separate bodies through 89th Consitutional Amendment of 2003

Ministry (if any) Ministry of Social Justice & Empowerment Ministry of Tribal Affairs

Additional Notes Annual Report of Commission is presented

to the President who places it before the
Parliament and forwards it to Governors Similar to NCSC
who place it before the State Legislature
with memorandums explaining actions
taken on the recommendation and
explaining the reasons for any cases of
non- acceptance, While enquiring into
specific cases - Commission has powers
similar to that of a civil court, Central &
State Governments must consult the
commission on all major policy matters
affecting SCs

91
 Special Officer for Linguistic Minorities Comptroller and Auditor General of India

Functions Investigates matters pertaining to the Heads the Indian Audits & Accounts
grievances arising out of non- Department
implementation of constitutional
safeguards or schemes to safeguard
linguistic minorities

Article/Act Article 350-B Article 148

Appointment President President (Subscribes to Oath before the

President)

Term Constitution empowers the Parliament to

N/A determine conditions of service (CAG Act
1971 - Upto 6 years or 65 years of age)

Qualifications Originally, Constitution did not make any

provisions with respect to the office - It
was created following the N/A
recommendations of States
Reorganisation Commission using 7th
Constitutional Amendment of 1956

Removal N/A Same Process as Removal of SC Judge

Resignation N/A President

Further Not Allowed

Employment N/A

Ministry (if any) Ministry of Minority Affairs N/A

Additional Notes Operates under Ministry of Minority Affairs CAG is an agent of the Parliament and
conducts audits of CFI, CFS and
Departmental Audits on their behalf; CAG
submits it's audit reports to the President
who places them before the Parliament
after which they are scrutinised by Public
Accounts Committee

92
 Attorney General of India Advocate General of State

Functions Highest Law Officer of Highest Law Officer of State

Country

Article/Act Article 76 Article 165

Appointment President Governor

Term Holds office during the Holds office during the

pleasure of President pleasure of Governor
(Terms of Service as (Terms of Service as
determined by President) determined by Governor)

Qualifications Must be qualified to Must be qualified to become

become a Judge in a Judge in High Court
Supreme Court of India

Resignation President Governor

Ministry (if any) Ministry of Law and Justice N/A

Additional Possesses Right to Right to Speak and take part

Notes Audience across all courts in Proceedings in State
in India, and Right to Speak Legislature (without the
and take part in right to vote but enjoys all
Parliamentary Proceedings privileges); He is not a full-
in Both Houses (without time counsel of
the right to vote but enjoys Government and is not
all privileges); He is not a debarred from private
full-time counsel of practice
Government and is not
debarred from private
practice

93
 NON-CONSTITUTIONAL BODIES
National Human Rights Commission State Human Rights Commission

Functions
Review Constitutional & Legal Safeguards pertaining to Human Rights -
Submits its annual report to Central & Concerned State Government

Article/Act Protection of Human Rights Act 1993 Protection of Human Rights Act 1993

Composition Chairperson & 5 Other Chairperson & 2 Other Members

Members + Ex-Officio Member (7) -
Chairpersons of NCSC, NCST, NCBC, NCW,
NCPCR, NCM and Chief Commissioner for
PwD

Appointment President (On the recommendation of Governor (On the recommendation of

Committee consisting PM, Speaker of LS, Committee consisting CM, Speaker of SLA,
Deputy Chairperson of RS, Leader of Chairperson of SLC, Leader of Opposition in
Opposition in Both Houses & Union Home Both Houses & Minister of Home Affairs for the
Minister) State)

Term Upto 3 years or 70 years of age (Conditions of Upto 3 years or 70 years of age (Conditions of
Service determined by Central Government) Service determined by State Government)

Qualifications Chairman - Must be retired CJI or SC Judge, Chairman - Must be retired CJ or Judge of High
Members - 2 (Must be serving or retired SC Court, Members - Retired or serving Judge of
Judge) + 3 (Having knowledge or practical HC or District Judge with minimum 7 years
experience with regards to Human Rights with experience and a person with knowledge and
atleast 1 woman) practical experience with respect to Human
Rights

Removal Similar to Members of UPSC Similar to Members of UPSC

Resignation President Governor

Second Term/ Allowed Allowed

Reappointment

Further Employment Not Allowed Not Allowed

Ministry (if any) Ministry of Home Affairs N/A

Additional Notes Empowered to utilize the service of any officer SHRC can inquire into violation of Human
or investigating agency of Central or State Rights only in respect of
Government; Possesses powers of a civil subjects mentioned in the State or Concurrent
court during it's proceedings; It can only look List + Protection of Human Rights Act 1993
into matters within one year of their provides for the establishment of Human
occurance and it recommends the Rights Court in every district by State
government regarding due action (non- Government with the concurrence of CJ- HC
binding, but it must be informed of actions
taken on its recommendation within 1 month)
or move the SC or concerned HC

94
 State Information
Central Information Commission
Commission

Functions Enquire into complaints regarding RTI Process Enquire into complaints regarding RTI Process
& Responses pertaining to offices, financial & Responses pertaining to offices, financial
institutions, PSUs, etc under Central institutions, PSUs, etc under State
Government and UTs(While inquiring, holds Government (While inquiring, holds power
power similar to a Civil Court) similar to a Civil Court)

Article/Act RTI Act 2005 - Formed by Executive Action RTI Act 2005

Composition Chief Information Commissioner + Upto 10 State Chief Information Commissioner + Upto
Information Commissioners 10 Information Commissioners

Appointment President (On the recommendation of Governor (On the recommendation of

Committee consisting PM, Leader of Committee consisting CM, Leader of
Opposition in Lok Sabha, and Union Cabinet Opposition in Legislative Assembly, and State
Minister nominated by the PM) Cabinet Minister nominated by the CM)

Term As prescribed by Central Government, or upto As prescribed by Central Government, or upto

65 years of age 65 years of age

Qualifications Persons of eminence in public life with wide Persons of eminence in public life with wide
knowledge and experience in law, science and knowledge and experience in law, science and
technology, social service, management, technology, social service, management,
journalism, mass media or administration and journalism, mass media or administration and
governance (Given they are not an MP/MLA/ governance (Given they are not an MP/MLA/
MLC, do not hold an Office of Profit, or MLC, do not hold an Office of Profit, or
connected to any political party) connected to any political party)

Removal Can be removed by President only in cases of Can be removed by Governor only in cases of
Insolvancy, Conviction to an Offence involving Insolvancy, Conviction to an Offence involving
Moral Turpitude, Office of Profit, or Infirmity Moral Turpitude, Office of Profit, or Infirmity of
of Mind or Body; Misbehaviour (Defined in Mind or Body; Misbehaviour (Defined in
Constitution) - Only upon binding advice of Constitution) - Only upon binding advice of
Supreme Court after enquiry Supreme Court after enquiry

Resignation President Governor

Second Term/ Not Allowed Not Allowed

Reappointment

Further Employment N/A N/A

Ministry (if any) Ministry of Personnel N/A

Additional Notes CIC has Suo-Moto Powers to order inquiry into SIC has Suo-Moto Powers to order inquiry into
matters if there are found reasonable matters if there are found reasonable grounds,
grounds, Submits its report to Central Submits its report to State Government which
Government which places it before the places it before the State Legislature
Parliament

95
 Central Bureau of
Central Vigilence Commission
Investigation
Functions Apex Vigilence Institution of India for Acts as the main investigation agency of
preventing and investigating corruption Central Government, and assists CVC
allegations and Lokpal in their investigation

Article/Act Central Vigilence Commission Act Attached Office under Ministry of

2003 Personnel (Derives its powers from Delhi
Special Police Establishment Act 1946)

Composition Central Vigilence Commissioner + Director of CBI + Number of Joint

Upto 2 Vigilence Commissioners Directors, DIGs, SPs, and other Police
Personnel

Appointment President (On the recommendation of Director - Central Government (On the
Committee consisting PM, Union recommendation of Committee
Home Minister, and Leader of according to Lokpal Act 2014 consisting
Opposition in Lok Sabha) PM, Leader of Opposition in Lok Sabha,
and CJI/Judge of Supreme Court)

Term Upto 4 years or 65 years of age According to CVC Act, Security of 2

years tenure with eligibility to be
reappointed thrice
Qualifications N/A N/A
&

Similar to CIC N/A

Removal

President N/A
Resignation

Second Term/ N/A

Reappointment N/A

Further Not Allowed

N/A
Employment

Ministry (if any) Ministry of Personnel

Ministry of Personnel

Additional Notes Initially establised through Executive Establised on the recommendations of

Resolution upon recommendations of
Santhanam Committee, It looks into
Santhanam Commission
crimes related to corruption, economic
offences, and serious and organized
crime apart from terrorism

96
 National Disaster Management Lokpal
Agency

Functions Apex Body for Disaster Management Ombudsman against the tyrrany of
in India officialdom

Article/Act Disaster Management Act 2005 Lokpal & Lokayuktas Act 2013

Composition Prime Minister(ex-officio Chairman) Chairperson + Upto 8 Members

+ Upto 9 Members nominated by the (50% shall be judicial members
chairperson of NDMA and 50% must come from
amongst the SCs, STs, OBCs,
Minorities, and Women)

President (On the

Appointment
recommendation of Selection
Committee consisting of PM,
Speaker of Lok Sabha, Leader of
N/A Opposition in Lok Sabha, CJI/
Sitting Judge of Supreme Court,
and Eminent Jurist)
Term
Qualifications
Removal
Resignation
Second Term/
N/A N/A
Reappointment
Further
Employment

Ministry (if any) Ministry of Home Affairs Ministry of Personnel

Additional Notes SDMA Composition = CM(ex-officio Under the purview of Lokpal - PM,
Chairman) + Chairperson of State Ministers, MPs and Officers from
Executive Committee(ex-officio all Groups(A/B/C/D); It cannot
CEO) + Upto 8 members nominated underake action suo moto;
by Chairman, DDMA Composition = Lokayuktas - Composition and
Collector/DM(ex-officio Chairman) + Functions vary from state to state
CEO of DDMA(appointed by State
Government) + SP + CMO of District
+ Elected Representative of Local
Authority(Co-Chairperson) + Upto 2
District Level Officer appointed by
State Government

97
 National Investigation Agency

I
Functions Central counter - terrorism law
enforcement agency in the country

Article/Act The National Investigation Agency

Act 2008

Composition Headed by Director - General

Appointment Director - General appointed by

Central Government

Term
Qualifications
Removal
Resignation N/A
Second Term/
Reappointment
Further
Employment

Ministry (if any) Ministry of Home Affairs

Additional Notes In NIA (Amendment) Act 2019,

jurisdiction extended to human
trafficking, counterfeit currency or
bank notes, manufacture or sale of
prohibited arms, cyber-terrorism and
explosive substances
Also cover offences beyond India,
Investigative power not only in but
outside India too

98
 NITI AYOG

Full Form: National Institution for Transforming India. Key Features

Established: January 1, 2015. Policy Think Tank: Advisory role in policymaking.

Objective: Replacing Planning Commission to foster Bottom-up Approach: Emphasis on decentralization and
cooperative federalism and enable sustainable inclusive development.
development.
Focus Areas: Economic growth, social justice, technology
Chairperson: Prime Minister of India. adoption, and sustainable development.

Flexibility: Unlike Planning Commission, it does not have a

five-year plan structure.

Composition
Functions
Chairperson: Prime Minister.
Policy Formulation: Recommendations on economic
growth and reforms.
Vice Chairperson: Appointed by the Prime Minister.
Monitoring & Evaluation: Assessing implementation of
government schemes and programs.
Members: Full-time and part-time experts, including
Cooperative Federalism: Engaging states in national
Chief Ministers and Lieutenant Governors (Governing
policy discussions.
Council).
Innovation & Research: Promoting cutting-edge
solutions and technology.
Special Invitees: Specialists from various domains.
Resource Allocation: Suggesting strategies for optimal
utilization of resources.
CEO: Appointed by the Prime Minister.

99
 Key Initiatives

Aspirational Districts Programme: Transforming underdeveloped districts.

India @75: Vision for India in 2047.

Digital India: Promoting technology and innovation.

Atal Innovation Mission (AIM): Encouraging entrepreneurship and R&D.

SDG Monitoring: Mapping and localizing Sustainable Development Goals (SDGs).

Health Sector: Implementation of Ayushman Bharat and focus on health indices.

Planning Commission NITI Ayog

Centralized planning and allocation of funds. Policy think tank focusing on cooperative federalism and
bottom-up planning.
Nature : Static, Five-Year Plans. Dynamic, adaptive to contemporary challenges.
Formulation and allocation of financial resources to states. Advisory role; states decide their resource allocation.
Full-time members; Deputy Chairman with Cabinet rank. Includes Chief Ministers, LGs, domain experts, and part-time
members.
Had financial and budgetary powers. No financial or budgetary powers.
Reported directly to the Prime Minister. Governing council includes states for better accountability.

100
 ELECTIONS

Electoral System
Art 324 - 329 Part XV

Art 324 - Election Commission Elections to Art 325

Parliament
State Legislature No person is to be ineligible for inclusion in the electoral roll
President on the grounds of religion, race, caste, sex or any of them.
Vice President
Art 326
No election to the Parliament or the State Legislature is to be questioned
Elections to LS & State assemblies to be based on
universal adult franchise except by an election petition presented to such authority and in such
manner as provided by the appropriate Legislature.
Citizen of India
Qualifications
Not less than 18 years
(Decreased from 21 to 18 in Election Machinary
61st CAA 1988)
Election Commission of India Chief Electoral Officer
Supervise election work in state/UT
Presiding Officer Conducts the poll at a polling station.
Appointed by ECI
Appointed by DEO or RO (in case of UT)

Electoral Registration Officer

(ERO)
Returning Officer District Election Officer (DEO)
↓
Supervise election work in a constituency Supervise election work in a district
Responsible for the preparation
Appointed by ECI Appointed by ECI
of electoral rolls, Appointed by
ECI

101
 Election Laws

To regulate seat allocation in

the House of the People and
State Legislative Assemblies
Granted the President authority, in
Exclusion of the and Councils.

=
consultation with the Election
jurisdiction of Civil Courts

x
Commission, to delimit constituencies
in certain matters. for elections to these seats.

Recognition of local authorities Representation

for State Legislative Council Covered the registration of voters
of the People for Parliamentary, Assembly, and

x1
elections. Act, 1950 Council constituencies, along with
their eligibility criteria and
Procedures for filling seats in disqualifications
Council of State with
representatives from Union
Territories. Establishment of election officers
such as Chief Electoral Officers,
District Election Officers, Electoral
Registration Officers, etc.

Qualification and
Bye-elections & disqualification of
Time limit for filling membership of Houses Notification of
vacancies general elections

*
Powers of Election
Commission in connection Administrative machinery
with inquiries as to for the conduct of
disqualifications of members. elections
Representation
of the People

Y
Corrupt practises and

/Y
other election offences Act, 1951
Registration of
political parties
Disputes regarding
elections
Conduct of
elections
Free supply of certain
material to candidates of
recognised political parties
102
 Delimitation Act, 2002

Objective: To redraw the boundaries of Lok Sabha and State Assembly constituencies based on the 2001 Census for equitable
representation.

Significance
The Delimitation
V
Commission was V

established under Aimed at addressing population The number of constituencies in

this Act. changes for fair representation Lok Sabha and State Assemblies
↑ in the electoral process. remained frozen until 2026 as per
Ensured uniform population-to- the 84th Amendment (2001).
Key seat ratio across constituencies
Features while considering geographical
Historical Timeline- Delimitation Commissions
compactness.
1. Third Delimitation commission based on 1971
>
census headed by Justice J L Kapur
O Reserved seats for
Scheduled Castes (SCs) and
Authority 1. First delimitation
commission based on
census 1951 data headed
2. Increased the seats of the Lok Sabha from 522
to 543 and assembly seats from 3771 to 3997.
3.42nd amendment Act 1976 froze any further
Scheduled Tribes (STs) based 7
The Delimitation by Justice N delimitation of constituencies for elections to Lok
Commission’s decisions are Chandrasekhara Aiyar. Sabha and State Legislative Assemblies until the
on their population 2. Fixed the Lok Sabha 2001 Census of India. This was to encourage
distribution. final and binding; not subject Seats at 494. population control measures of states.
1
to judicial review.
Outcome 1953 1963 1973 2002

V
V
V
Redefined boundaries but Addressed discrepancies v

between population 1. Second Delimitation 1. There were no delimitation exercises after 1981
did not change the total commission based on and 1991 census.
number of seats due to growth and 1961 census. 2. Fourth Delimitation commission was based on the
representation in certain 2. Increased the Lok 2001 census data headed by Justice Kuldeep Singh.
the freeze on Sabha seats from 494 3. There was only readjustment of boundaries and
constituency numbers. states. to 522 no increase in seats of Lok Sabha and state
legislative assemblies.
4. 84th amendment 2002 froze any increase in
seats till 2026.

103
 ANTI - DEFECTION LAW

Introduced in 52nd CAA 1985 Provisions of the Act Disqualified if

Added to 10th schedule of the Constitution An elected MP voluntarily gives up
Modifications made in 91st CAA 2003 Members of a Political Party membership of his political party
An MP votes or abstain from voting
↑
against party’s direction

Independent MPs > Disqualified if they join any political party

Deciding Authority
J Disqualified if they join any political party after 6 months
Nominated MPs
Any question regarding
disqualification, Decided by
Exceptions preceding officer of the house
Merger of a member's party with another, agreed upon by two-thirds of party with no time limit
members. (Was one-third before 91CAA)
Voluntary resignation or rejoining of a party by a member elected as the Presiding Kihoto Hollahan Case (1992) -
Officer of the House, to uphold the dignity and impartiality of the office. decision of the Speaker is
subjected to Judicial Review

Rule Making Power

Preceding officer has the power to create rules to implement 10th schedule
He can initiate defection case only upon receiving a compliant from an MP
Before reaching a decision, he should provide the complainee opportunity to
submit the application

104
 Indian Political Parties

Conditions for Recognition as a National Party

Lok Sabha Lok Sabha Legislative Assembly Recognised

seats Elections Election State Party

2 % seats
(from 3 states)

+
Secures atleast 6%
4 Seats
valid votes polled in
4 or more states

+
Secures atleast 6% valid
4 Seats votes polled in 4 or more
states

4 states

Conditions for Recognition as a State Party

Lok Sabha Lok Sabha Legislative Assembly Legislative Assembly

Seats Election Seats Election

+
Secures atleast 6%
1 seat valid votes polled

2 seats + Secures atleast 6%

valid votes polled
Secures atleast 8%
valid votes polled
Secures atleast 8%
valid votes polled
3% seats
(Min 3 seats)
wins 1 seat in the Lok Sabha for every 25 seats
(Or any fraction thereof allowed to the state)
105
 PARTS IN THE INDIAN CONSTITUTION

Part I Part II Part III

(Article 1 - 4) (Article 5 - 11) (Article 12 - 35)
The Union and Its Territory Citizenship Fundamental Rights
-

Part IV Part IV-A

(Article 36 - 51) (Article 51-A)
Directive Principles of State Policy Fundamental Duties

Part V Part VI
(Article 52 - 151) (Article 152 - 237)
The Union (Executive, Parliament, The State (Executive, State
President, Legislative Powers of the Legislature, Legislative Power of
President, Union Judiciary, CAG) Governor, High Courts, Subordinate
Courts)

Part VII (Article 238) - Omitted

Part VIII Part IX Part IX-A

(Article 239 - 242): (Article 243 - 243-0) (Article 243-P - 243-ZG)
The Union Territories The Panchayats The Municipalities

Part IX-B Part X Part XI

(Article 243-ZH - 243-ZT) (Article 244 - 244-A) (Article 245 - 263)
The Co-operative Societies The Scheduled and Tribal Areas Relations between the Union
and the States (Legislative and
Administrative)

Part XII Part XIII Part XIV

(Article 264 - 300-A) (Article 301 - 307) (Article 308 - 323)
Finance, Property, Contracts and Trade, Commerce and Intercourse Services under the Union and
Suits within the Territory of India the States

Part XIV-A Part XV Part XVI

(Article 323-A - 323-B) (Article 324 - 329-A) (Article 330 - 342-A)
Tribunals Elections Special Provisions Relating -
Certain Classes (SCs, STs,
Backward Classes)

Part XVII Part XVIII Part XIX

(Article 343 - 351) (Article 352 - 360) (Article 361 - 367)
Official Language Emergency Provisions Miscellaneous

Part XX Part XXI Part XXII

(Article 368) (Article 369 - 392) (Article 393 - 395)
Amendment of the Constitution Temporary, Transitional and Special Short title, Commencement,
Provisions Authoritative Text in Hindi
language, Repeals
106
 SCHEDULES IN THE INDIAN CONSTITUTION

Originally (1949), the Constitution had 8 schedules. Now, it comprises 12 Schedules; various amendments
carried out since 1951 have added 4 Schedules (9th, 10th, 11th and 12th).

First Schedule
Articles: 1 & 4
States and Union Territories with their
territorial jurisdiction
Second Schedule
Twelfth Schedule (74th Amendment Articles: 59, 65, 75, 97,125, 148,
Act, 1992) 158, 164, 186 & 221
Article: 243-W Emoluments, allowances and privileges of

sit
Powers, authority and responsibilities various constitutional posts (President,
of Municipalities Governor, Judges of the SC & High
Courts, CAG etc.)

Eleventh Schedule (73rd Amendment

Act, 1992) Third Schedule
Article: 243-G Articles: 75, 84, 99, 124, 146, 173,
Powers, authority and responsibilities 188 & 219
of Panchayats Forms of oaths or affirmations
(Union ministers, MPs, Judges of
the SC & High Courts, CAG etc.)

Tenth Schedule (52nd Amendment

Act, 1985) SCHEDULES IN
SCHEDULES IN

?
Articles: 102 & 191 THE
THE INDIAN
INDIAN Fourth Schedule
Anti-defection law CONSTITUTION
CONSTITUTION Articles: 4 & 80
Allocation of seats in the

(
Rajya Sabha

Ninth Schedule (1st Amendment

Act, 1951)
Article: 31-B Fifth Schedule
Validation of certain acts and Article: 244
regulations Administration and Control of
scheduled areas and scheduled tribes

Eighth Schedule
Articles: 344 & 351
22 recognised languages by Sixth Schedule
the Constitution Articles: 244 & 275
Administration of tribal areas in the states
Seventh Schedule of Assam, Meghalaya, Tripura & Mizoram
Article: 246
Union List (98 subjects), State List (59
subjects), & Concurrent List (52
subjects)
107
 Important Constitutional Amendments
69th Amendment (1991): 71st Amendment (1992): 1st Amendment, 1951
Granted Delhi the status of a National Capital Included Konkani, Manipuri, and Nepali in • Added restrictions to Fundamental
Territory (NCT) with a legislative assembly. the Eighth Schedule, increasing the official Rights (Art. 19).
languages to 18. • Introduced Ninth Schedule to protect
65th Amendment (1990): land reforms from judicial review.
Strengthened the National Commission for 7th Amendment, 1956
Scheduled Castes and Scheduled Tribes, • Reorganized states on a linguistic basis.
making it a constitutional body. • Abolished classifications of states into
Part A, B, C, and D.
61st Amendment, 1988
• Reduced the voting age from 21 to 18
years (Art. 326). * 9th Amendment (1960):
Facilitated the exchange of territories
ity
Important between India and Pakistan under the Indus
52nd Amendment (1985): Constitutional # Waters Treaty.
Introduced the Anti-Defection Law, adding the Amendments
Tenth Schedule to the Constitution. -
>
F 21st Amendment (1967):
44th Amendment, 1978 Added Sindhi to the Eighth Schedule, increasing
• Reversed many provisions of the 42nd Amendment. the total number of official languages to 15.
• Safeguarded Fundamental Rights (e.g., Art. 21
during emergencies).
24th Amendment, 1971
• Affirmed Parliament’s power to amend the
42nd Amendment, 1976 (Mini-Constitution)
Constitution, including Fundamental Rights (response to
• Added Fundamental Duties (Art. 51A).
Kesavananda Bharati case).
• Added words “Socialist,” “Secular,” and
“Integrity” to the Preamble.
• Strengthened Directive Principles; curtailed
judiciary’s powers.
)
38th Amendment (1975):
25th Amendment (1971):
Limited the right to property and introduced
the concept of Directive Principles taking
Enhanced the power of the President and Governor precedence over Fundamental Rights in certain
to promulgate ordinances; declared the Emergency cases.
Proclamation beyond judicial review.

108
 106th Amendment (2023):
104th Amendment (2020):
Also known as the Women's Reservation Act, 2023,
Abolished Anglo-Indian representation in Lok
reserves one-third of seats for women in the Lok Sabha,
Sabha and State Assemblies and extended
State Legislative Assemblies
reservation for SC/STs in Legislatures by 10
& Legislative Assembly of the National Capital Territory of
years.
Delhi
105th Amendment, 2021 73rd Amendment, 1992
• Restored the states’ power • Established Panchayati Raj Institutions
to identify and notify OBCs. (PRIs) with a 3-tier system.
74th Amendment, 1992
• Established Urban Local Bodies (ULBs) for
103rd Amendment, 2019 decentralized governance.
• Provided 10% reservation for
Economically Weaker Sections (EWS) in
education and public employment.
80th Amendment (2000):
Important Reformed the system of sharing Central taxes
102nd Amendment (2018): Constitutional with states based on the recommendations of
Granted Constitutional status to the National the 10th Finance Commission.
Amendments
Commission for Backward Classes (NCBC).

101st Amendment, 2016

·
• Introduced Goods and Services Tax (GST).
• Unified indirect taxation system across India.
86th Amendment, 2002
• Made education a Fundamental Right (Art. 21A).
• Added Fundamental Duty for parents to
provide education (Art. 51A).

92nd Amendment (2003):

Added Bodo, Santhali, Maithili, and Dogri
to the Eighth Schedule, increasing the 89th Amendment (2003):
official languages to 22. Created a separate National Commission for Scheduled
) 91st Amendment (2003):
Tribes (NCST) by bifurcating the SC/ST commission.
Limited the size of the Council of Ministers
to 15% of the legislative strength and
introduced provisions to curb defection.

109
 Important Supreme Court Judgments

A.K. Gopalan Case (1950)

Maneka Gandhi Case (1978) • Narrow interpretation of Article 21 (Right to Life
• Expanded the scope of Article 21 to and Personal Liberty).
include procedural fairness. • Established the “Procedure Established by Law”
• Established the principle of “Due principle.
Process of Law.”
Champakam Dorairajan vs. State of
A.D.M. Jabalpur vs. Shivkant Shukla Madras (1951)
(1976) Gave primacy to Fundamental Rights
Upheld suspension of Fundamental over DPSPs.
Rights during Emergency.
E
L Important Shankari Prasad vs. Union of India
Indira Nehru Gandhi vs. Raj Narain Supreme Court
# (1951)
(1975) Judgments Upheld the validity of the First
Addressed Constitutional Amendments
Amendment (Right to Property).
related to elections and judicial review.

Kesavananda Bharati Case (1973) "Berubari Union Case (1960)

• Introduced the Basic Structure Doctrine. Declared the Preamble as a part of
• Parliament’s power to amend the the Constitution."
Constitution is not absolute.
Sajjan Singh vs. State of
Golaknath Case (1967)
F)0
• Declared that Fundamental Rights cannot be
amended.
Rajasthan (1965)
First case to debate the scope
of Constitutional Amendments.
• Later overruled by the Kesavananda Bharati

110
Case.
 Minerva Mills Case (1980)
• Reaffirmed the Basic Structure Doctrine.
Coelho Case (2007)
• Maintained a balance between Fundamental
• Judicial review extended to laws placed under
Rights and DPSPs.
the Ninth Schedule.
• Reaffirmed the Basic Structure Doctrine. Olga Tellis Case (1985)
• Recognized the Right to Livelihood
Vishaka Case (1997) under Article 21.
• Laid down guidelines to prevent sexual
harassment at the workplace. Shah Bano Case (1985)
• Basis for the POSH Act, 2013. • Ensured maintenance for Muslim women
under Section 125 CrPC.
• Highlighted the need for a Uniform Civil Code
SR Bommai Case (1994) (UCC).

Rule).
f
• Limited misuse of Article 356 (President’s

• Declared secularism a part of the Basic

Important
Supreme Court
Judgments M.C. Mehta vs. Union of India (1986)
Structure. - Established the principle of absolute liability in
environmental law.
Janata Dal Case (1993)
• Clarified the meaning of political
defection under the Tenth Schedule. Emmanuel vs. State of Kerala (1986)
Upheld the right to freedom of religion and
Indira Sawhney Case (1992) expression for Jehovah’s Witnesses who
• Upheld 27% OBC reservation under refused to sing the national anthem.
Mandal Commission.

Layer.”
)
• Introduced the concept of the “Creamy
Kihoto Hollohan vs. Zachillhu (1992)
Dealt with the Anti-Defection law under
the Tenth Schedule."

111
 Lily Thomas vs. Union of India
(2013)
Disqualified convicted lawmakers Shreya Singhal Case (2015)
from holding office." • Struck down Section 66A of the IT Act,
ensuring freedom of speech online.
Aruna Shanbaug Case (2011)
Legalized passive euthanasia
under specific conditions. Puttaswamy Case (2017)
• Recognized Right to Privacy as a Fundamental
Naz Foundation vs. Government of NCT Delhi Right under Article 21.
(2009) • Basis for Aadhaar and other privacy-related
Initially decriminalized homosexuality (later debates.
overturned, but reaffirmed by Navtej Singh
Johar case).

Demonetization Case (2023) E

E Important
Navtej Singh Johar Case (2018)
• Decriminalized homosexuality by
• Upheld the legality of demonetization. striking down parts of Section 377 IPC.
Supreme Court • Upheld individual dignity and equality.
• Clarified the powers of RBI and Government Judgments
in financial matters.

Sabarimala Verdict (2018)

Pegasus Case (2021) • Allowed entry of women of all ages into
• Ordered an independent probe into alleged Sabarimala Temple.
surveillance using Pegasus spyware. • Affirmed gender equality under Articles
• Affirmed the need for privacy and 14 and 21.
accountability in state actions.

Maratha Quota Case (2021)

F
• Struck down Maharashtra’s Maratha
Reservation law for breaching the 50% cap.
Ayodhya Verdict (2019)
• Resolved the Ayodhya dispute; land allotted
for Ram Temple.
• Ensured an alternate site for Babri Masjid
reconstruction.

112
 Important Doctrines

DOCTRINE OF SEVERABILITY
If a part of a law is found to be > only that specific part is removed
invalid or unconstitutional
> the rest of the law remains in effect.

Purpose >
-
To save the valid portions of a law rather than striking down the entire law.

A.K. Gopalan vs. State of Madras (1950)

the Doctrine of Severability was applied to strike down Section 14 of the Preventive
Detention Act, 1950, as it violated Article 22.
↓
The rest of the Act was upheld as valid, as the unconstitutional section could be
separated without affecting the Act's purpose.

DOCTRINE OF ECLIPSE
If a law conflicts with > it becomes inactive (or "eclipsed") but
Fundamental Rights is not entirely void.

If the conflict is later resolved > the law becomes active again
(e.g., by a Constitutional Amendment)

Purpose > Ensures that pre-existing laws are not entirely invalid but remain dormant
until they align with the Constitution.

Bhikaji Narain Dhakras vs. State of Madhya Pradesh (1955)

A law made before Conflicted Fundamental Rights under Article 19(1)(g)

the Constitution (freedom to practice any trade or profession).

The Supreme Court held that the law became "eclipsed" after the
Constitution came into force.
Later, a Constitutional Amendment resolved the conflict, and
the law became operative again
113
DOCTRINE OF WAIVER

A person can voluntarily give up or relinquish a legal right or privilege.

It cannot apply to Fundamental Rights, which are guaranteed by the

Constitution for public benefit.
The Doctrine is applicable to FRs in US
Olga Tellis vs. Bombay Municipal Corporation (1985)
Supreme Court & a person cannot waive their Fundamental Rights (like the
right to life and liberty).

7 Fundamental Rights are meant for the larger public good and
cannot be surrendered by individual choice.

DOCTRINE OF PITH & SUBSTANCE

The Doctrine assess the true > to identify which legislative authority
nature or substance of a law (Union or State) has the power to enact it.

↓
if its main purpose aligns If a law incidentally affects subjects
[
with the authority's domain. outside its jurisdiction, it remains valid

Purpose 7 To resolve conflicts arising from overlapping legislative powers

between the Union and State Legislatures

7 Ensures that laws are evaluated based on their core intent

rather than incidental effects.

Prafulla Kumar Mukherjee vs. Bank of Commerce (1947)

Bengal Money Lenders Act, 1940 2 it incidentally affected promissory notes

(a subject under the Union List)

the Court upheld the Act's validity, emphasizing its main purpose was within the State's
jurisdiction.
114
DOCTRINE OF TERRITORIAL NEXUS
It allows state laws to apply 7 if there is a sufficient connection between the
outside the state's territory state and the subject matter of the law.

The doctrine is not limited to tax laws and can also apply to other laws, as long as a real
and relevant territorial connection exists
(e.g., gambling taxes, charitable trusts)

R.M.D. Chamarbaugwalla Case (1957) >

-
SC upheld a Bombay law imposing a gambling tax,
even though some activities were outside the
state

DOCTRINE OF COLORABLE LEGISLATION

It occurs when a legislature >
-
In substance, exceeds its jurisdiction, using a
enacts a law that appears to fall disguised or indirect method to bypass
within its powers Constitutional limits.

Purpose >
-
The doctrine ensures that laws cannot evade Constitutional restrictions
through form or pretence

State of West Bengal v. Union of India (1964)

A state law regulating interstate - struck down as

trade, a matter under the Union List colourable legislation
I
as it infringed on the Union’s jurisdiction.

DOCTRINE OF PRECEDENT

The decisions made by higher courts are binding on lower courts.

E
It ensures consistency and stability in the legal system by following previous rulings.

Purpose - To maintain uniformity in the law, ensuring that similar cases are decided in a
similar manner
providing predictability and fairness in legal decisions.
Kesavananda Bharati v. State of Kerala (1973) 115
DOCTRINE OF REPUGNANCY

The Doctrine of Repugnancy applies when there is a conflict between a law made by the
Parliament and a law made by a State Legislature
If both laws deal with the same subject, the Parliament's law prevails over
the state's law.
State of West Bengal v. Union of India (1963)
the Supreme Court held that if a state law conflicts with a central law under the
Concurrent List, the central law would prevail.

DOCTRINE OF PROSPECTIVE OVERRULING

The Doctrine allows a court to overrule an earlier decision but only apply the decision to
future cases, not retroactively.

Purpose >
-
The doctrine aims to provide legal stability by preventing the disruption of
past decisions while correcting legal errors for future cases.

Golak Nath Case (1967)

Supreme Court > Overruled
-
its previous decisions regarding the Parliament’s
power to amend Fundamental Rights.
It applied the ruling prospectively, i.e it would only apply to
future Constitutional Amendments

DOCTRINE OF HARMONIOUS CONSTRUCT

The Doctrine ensures that conflicting provisions in the Constitution are

interpreted together to avoid contradictions and give effect to both.

Purpose >
-
Aims to reconcile apparent conflicts, assuming no intentional contradiction by
the framers, and ensures all provisions are meaningful.

Kesavananda Bharati (1973) the Supreme Court harmonized FRs and DPSPs to show that
both serve the same social goals.
116
 Order of Precedence in the Republic of India
The Order of Precedence is a protocol list in which the functionaries and authorities are recorded by rank
and office in the Government of India. It is meant for State and Ceremonial occasions. It has no application
in the day-to-day business of Government. The order is established by the President of India and is
maintained by the Ministry of Home Affairs

1. President

2. Vice-President

3. Prime Minister 1 President 2 Vice President 3 Prime Minister

4 Governor

4. Governors of States within their respective States

5. Former Presidents

5A. Deputy Prime Minister

6. Chief Justice of India 5 Former President

Speaker of Lok Sabha 6 Chief Justice of India 7 Leader of Opposition

7. Cabinet Ministers of the Union.

Chief Ministers of States within their respective States
Deputy Chairman, Planning Commission
Former Prime Ministers
Leaders of Opposition in Rajya Sabha and Lok Sabha
7A Bharat Ratna Awardee
8 Indian Ambassador
7A. Holders of Bharat Ratna decoration

8. Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth

countries accredited to India
Chief Ministers of States outside their respective States
Governors of States outside their respective States

9. Judges of Supreme Court

9 Judge of Supreme Court
9A Chairperson, Union Public Service Commission 9A Chief Election Commissioner
Chief Election Commissioner
Comptroller & Auditor General of India

10. Deputy Chairman, Rajya Sabha

Deputy Chief Ministers of States
Deputy Speaker, Lok Sabha
Members of the Planning Commission 10 Deputy Chairman, Rajya Sabha
Ministers of State of the Union {and any other Minister in the Ministry of Defence for defence
matters}
v
117