Constitution of India

Constitution Of India

The Foundation to Political structure

www.classmateacademy.com The evolution of Indian Polity: British Legacy

Regulating act of 1773 Charter act of 1853 • Governor-general of Bengal • Executive and legislation functions of • Court of Directors governor general separated, addition • Supreme court of 6 new members called the legislative councillors to he council. Pitts India Act,1784 • Open competition system for civil • Board of Control services introduced(Macaulay committee) Charter act of 1833 • Governor-general of Bengal made Government of India act,1858 Governor-general of India • Viceroy, Secretary of State • Governor-general of India was given • 15-member council of India to assist exclusive powers for the British India the secretary of state for India • End of Company Monopoly • An attempt to introduce open competition

www.classmateacademy.com Indian councils act,1861 • Provided that the viceroy should nominate some Government of India act 1909 Indians as non-official members of his expanded • The number of members of council legislative council was • The process of decentralisation by restoring the increased from 16 to 60 legislative powers to Bombay and madras • Power of members to ask presidencies. supplementary questions • Portfolio system and move resolution on budget • First time an Indian was Features of the act,1892 added to executive council • The number of Indians in viceroy council was of viceroy increased • Separate electorate • Legislative councils given power to discuss the budget and ask questions to executive • Indirect election

www.classmateacademy.com Government of India act,1919 Government of India Act 1935 • Separate central and provincial list • All India Federation consisting of created both provinces and princely states. • Introduction of diarchy-reserved subjects • Federal list (59),Provincial List and transferred subjects (54),Concurrent list (36),Residuary • Bicameralism and direct election power to governor • 3 to 6 Indians in viceroy executive council • Diarchy abolished at Province and • Separate electorate extended to Sikhs, provincial autonomy Anglo Indians • Diarchy introduced at centre • Franchise based on property, tax or Bicameralism in provinces like education. Bengal ,Bombay Madras, Bihar, Assam • Public service commission and united provinces. • Accepted Poona pact • Reserve Bank of India Simon commission • Federal court ,1937 • Provincial public service Abolition of diarchy and establishment of commission. federation.

Poona Pact

Communal Award www.classmateacademy.com The Making of Indian Independence act ,1947

Making of constitution • August offer Some important members • Cripps mission Dr . B R AMBEDKAR(Drafting • Cabinet Mission Committee) • Constituent assembly Dr. B.N Rau(Legal Adviser) Elected through Indirect election Strength 389(296+93) Mountbatten Plan of June3,1947 • Separate constituent assembly for Pakistan. Hence strength reduced to 299. • First meeting Under Sachidanand Sinha,9 DEC • Dr. Rajendra Prasad Elected was elected as president of the constituent assembly on 11 Dec. • Objective resolution passed 13 Dec.

www.classmateacademy.com Adopting the constitution • National Flag July 22,1947 Flag code of India 2002 ,contains rule for flag usage • National Anthem on January 24,1950 First sang on 27 Dec ,1911 session • National Song January 24,1950 First sung in 1896 session • National emblem • National Calendar • National Bird • National fruit • National Animal • National flower • National tree • National game • National river • National Aquatic Animal • The constitution as adopted on November 26,1949,contained a preamble,395 Articles ,22 parts and 8 Schedules

• Enforcement of Constitution from 26,Jan 1950

www.classmateacademy.com Salient Feature of Indian Constitution

• Lengthiest written constitution • Drawn from various sources • Blend of rigidity and flexibility • Federal system with unitary bias • Parliamentary form of government • Synthesis of Parliamentary Sovereignty and Judicial Supremacy • Integrated and independent Judiciary • Fundamental rights • Directive principles of state policy • Fundamental duties • Secular state • Universal adult franchise • Single citizenship • Emergency provisions • Independent bodies • Three tier government

www.classmateacademy.com Sources Features borrowed Government of India Act 1935 Federal scheme, Office of Governor, Judiciary, Public Service commission, Emergency provisions

British Constitution Parliamentary government, rule of Law ,Legislative Procedure, Single Citizenship, Cabinet system, Bicameralism

US constitution Fundamental rights, Independence of Judiciary, Judicial review, Impeachement of the President, Removal of High court and Supreme Court Judges, Post of vice President

Irish constitution DPSP, Method of election of president Canadian Constitution Federation with strong Centre, Residuary functions with centre

www.classmateacademy.com Weimar Constitution of Germany Suspension of Fundamental Rights during emergency

French Constitution Republic and Ideas of liberty, fraternity and Equality in Preamble

South African constitution Procedure for amendment of the constitution and election of members of Rajya Sabha

Japanese Constitution Procedure established by Law

www.classmateacademy.com The Preamble: An Insight to the Minds of the Constitution

Objectives Resolution

We, the people of India ,having solemnly resolved to constitute India into a sovereign socialist ,secular democratic republic and to secure to all its citizens

Justice, Social, Economic ,and Political

Liberty of thought, expression, belief, faith and worship

Equality of status and of opportunity, and to promote among them all

Fraternity assuring the dignity of the individual and the unity and integrity of the nation

In our constituent assembly this 26 November 1949,do here by adopt, enact and give to our selves this constitution .

www.classmateacademy.com Preamble as part of constitution Kesavananda Bharati case (1973),SC declared the preamble as the part of Constitution

LIC of India ,1995 upheld this again

42 Constitutional Amendment act which added three new words –Socialist, Secular and Integrity to Preamble.

www.classmateacademy.com The Union and its Territory

Union and its territories

Article 1: India that is Bharat is “Union of states “

Article 2: Power of Parliament to admit into the Union if India

Article 3: Power to create/alter/abolish new states.

Evolution of States and union Territories • 552 Princely states • Dhar Committee • JVP Committee

www.classmateacademy.com • 1953 Andhra Pradesh ,linguistic state Fazl -Ali Committee

• State Reorganisation Commission,1956 14 states and 6 union territories

New states and union Territories Created after 1956

• 1960 ,Gujarat and Maharashtra • 1963,Nagaland • 1966,Haryana,HP • 1972,Meghalaya,Manipur,Tripura • 1974,Sikkim • 1987,Mizoram,Arunachal Pradesh, Goa • 2000,Chattisgarh,Uttarakhand and Jharkhand • Telangana

www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com Citizenship

Citizenship • Artcle5-11 Citizenship act,1955

Acquisition of Citizenship • By Birth • By Descent • By Registration • By Naturalisation • By incorporation of a New Territory

PIO OCI, now both are merged NRI

PIO-defined in FEMA, act 2000 9 Jan,2003 PBD.

www.classmateacademy.com Loss of citizenship • Renunciation • Termination • Deprivation

Single citizenship • India Double citizenship • USA, Switzerland

www.classmateacademy.com Fundamental Rights: Magna Carta , of Constitution

Part 3

Article 12-35

Inspired by the Bill of Rights of USA

Justiciable rights ,hence called as Magna Carta of India.

• Right to Equality(Article 14-18) • Right to freedom(Article 19-22) • Right against exploitation(Article 23-24) • Right to Freedom of Religion (Article 25-28) • Cultural and Educations Rights(Articles 29-30) • Right to Constitutional Remedies(Article 32) www.classmateacademy.com Article 12 definition of state.

Definition of state State –Central, State ,Local government and PSUs

Article 13

All laws inconsistent with or in derogation of any of the fundamental rights shall be void.

Doctrine of severability

Judicial review –Article 32,Article 226

www.classmateacademy.com Right to Equality(Article 14 -18)

• Equality before law and equal protection of laws Exception to Equality President, Governor(Article 361) Art -105 MP behaviour in court

• Prohibition of Discrimination on certain grounds Only on the basis of religion, race, caste, sex or place of birth. Exception –state can make special provision for women and children, state permitted to make any special provision for the advancement of any socially and educationally backward(pubic educational institutions),private institutions (added by 93 amendment)

• Equality of opportunity in Public Employment Exceptions-same as above

• Abolition of untouchability. Protection of civil rights act,1955

• Abolition of Titles.

www.classmateacademy.com Right to Freedom(Art 19-22)

• Right to freedom Right to freedom of speech and expression Right to assemble peacefully and without arms Right to form associations or unions Right to move freely through out the territory of India Right to reside and settle in any part of territory Right to practice any any profession or carry on nay trade.

• Protection in Respect of Conviction for offences

• No ex-post-facto law: No person shall be (i) convicted of any offence except for the violation of a law in force at the time of the commission of act

• No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.

• No self incrimination

www.classmateacademy.com • Protection of Life and Personal Liberty

Procedure established by law : No person shall be deprived of his life or personal liberty except according to procedure established by law. Due process of law Right to health Right to livelihood Right to Shelter Right to decent environment Right to Free education up to 14 yrs Right to information

• Protection against arrest and detention Ordinary law: Informed of grounds of arrest,produced before a magistrate with in 24 Hrs (released unless further permission given)

Preventive detention : The detention of a person cannot be extended beyond 3 months unless advised by a board of High courts

www.classmateacademy.com Right against Exploitation(Art 23-24)

• Prohibition of trafficking in human beings and forced labour Immoral Traffic prevention act,1956 Bonded labour abolition act,1976 Equal Remuration,1976

• Prohibition of Employment of Children in factories Employment of children below the age of 14yrs in any hazardous activity. Children Labour prohibition act,1986

Child labour act 2015 Employment of children ,18 yrs in all hazardous activities banned

First Offence-min 6 months extended up to 2 yrs,fine min 20,000 max - 50,000 Second Offence- min 1 yr and max 3 yrs Parents no punishment first ,min 10,000 later

www.classmateacademy.com Right to freedom of religion

• Freedom of Conscience and Free Profession, Practise and Propagation of Religion Individual rights

• Freedom to manage Religious Affairs Collective rights

• Freedom from Taxation for Promotion of a Religion State will not spend any money on promotion of religion

• Freedom from Attending Religious instructions No religious instruction shall be provided in any educational institution wholly maintained out of state funds.

www.classmateacademy.com Cultural and Educational Rights(Art 29-30)

• Protection of interests of minorities Minorities-distinct language, script or culture of its own, shall have the right to conserve the same

• Right of minorities to establish and administer educational Institutions.

www.classmateacademy.com Right to Constitutional Remedies(Art-32) BR Ambedkar-“an Article without which this constitution would be a nullity”

Writs • Heabus Corpus “literally means to have the body of” To produce the body of the latter before it, helps in retaining individual liberty • Mandamus Literally means “we command “ if the violation of fundamental rights of a person due to non performance of public official • Prohibition Literally means “to forbid” Issued by higher court to a lower court to prevent the latter from exceeding its jurisdiction • Certiori Literally means to be certified It is issued by higher court to lower court if it exceeds jurisdiction. • Quo-Warranto Literally means “by what authority” issued by a court into the legality of claim of a person to a public office.

www.classmateacademy.com Right to property

• Article 19(1)(f)-guaranteed to every citizen the right to hold, acquire and dispose land • Article 31 –Right against deprivation • Deprivation under only two circumstances

1)as established as per law

2)Provide adequate compensation

44 Amendment act abolished this Article 31 Instead Article 300A-No person shall be deprived of property except as per law.

www.classmateacademy.com Rights outside Fundamental Rights

• Article 265-No tax shall be levied or collected except by authority of law.

• Article 300A-No person shall be deprived of his property save by authority of law.

• Article 302-Trade,Commerce and intercourse throughout the territory of India.

• Article 326-Elections to Lok Sabha and the State Legislative Assembly shall be on the basis of adult Suffrage.

www.classmateacademy.com Directive Principles Of State Policy-Part IV

• Irish Constitution • BR Ambedkar called it ‘Novel features’

Granvile Austin ’Conscience of the Constitution”

• Origin-“Instrument of Instructions” as mentioned in 1935 act • Instructions to executive and Legislature

• DPSP-Very comprehensive Economic, Social, and political programme for a democratic state.

• Based on the principle of Justice, Liberty, Equality and Fraternity as outline in the Preamble to the Constitution.

• They are not justiciable

• Article 36-51

www.classmateacademy.com Classification of Directive Principles

Socialist principles

• Article38-To secure a social order to promote welfare of the people • Article 39-To serve to minimise inequalities • Article 39(b)-Ownership and control of material resources of the community shall be so distributed so as to sub serve the common good. • Article 39(c)-prevent concentration of Wealth • Article 39A –To promote equal justice and to provide free legal aid to the poor • Article 41-To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement • Article 42-To provide just and humane conditions for work and maternity relief • Article 43-To secure a living wage, a decent standard of life and social and cultural opportunities for all workers • Article 43A-To secure the participation of workers in management of Industries • Article 47-To raise the level of nutrition and the standard of living of people and to improve public health www.classmateacademy.com Gandhian Principles

• Article 40-To organise village Panchayats and endow them with necessary powers and authority to enable them to function as units of self government

• Article 43-To promote cottage Industries on an individual or cooperation basis in rural areas

• Article 46-To promote the educational and economic interest of SC,STs, and other weaker sections of society and to protect them from social justice and exploitation

• Article 47-To prohibit the consumption of intoxicating drinks and drugs which are injurious to health

• Article 48-To Prohibit the slaughter of Cows, claves and other milch and draught cattle and to improve their breeds

www.classmateacademy.com Liberal-Intellectuals Principles

• Article 44-to secure for all citizens a uniform civil code through out the country

• Article 45-To provide early childhood care and education for all children until they complete six years

• Article 48-to organise agriculture and animal husbandry on modern lines

• Article 48A-To protect and improve the environment and to safe guard forests and wild life

• Article 49-To protect monuments ,places and objects of artistic interest which are declared to be of national importance

• Article 50-To separate from the executive in the public services of the state

• Article 51-To promote international peace and security and maintain just and honourable relations between nations, to foster respect for international and treaty obligations, and to encourage settlement of international disputes by arbitration.

www.classmateacademy.com Conflict between DPSP and FR • Fundamental Rights –They are justiciable

• DPSP-Non-Justiciable

• Minerva Mills case (1980),

• Directive Principles made subordinate to Fundamental Rights,

• And in the implementation of Article 39(b)(c),if Article 14,19 are violated ,such amendment is not considered unconstitutional;

• There is need to balance DPSP and FR

Directives Outside Part IV • Article -350A Instruction in mother tongue

• Article -351 Development of Hindi Language

www.classmateacademy.com Implementation of Directive Principles • Planning Commission-1950

• Land reforms

• Minimum wages act(1948),Payment of Bonus Act,(1965)

• Child Labour Prohibition Act(1986),the bonded labour system abolition Act(1976),the industrial disputes act(1947)

• The maternity benefit act (1961),

• National insurance act(1956),Bank nationalisation act(1969)

• The legal services Authorities act (1987)

• CDP(1952),HADP(1960),DPAP(1973)NREGA(2006)

• WildLife Protection Act ,1972Forest conservation act(1980)

• 73 &74 amendment act

• Seats are reserved for SC,ST and other weaker sections www.classmateacademy.com Alladi Krishna Swamy Ayyar : No ministry responsible to the people can afford light- heartedly to ignore provisions in part IV of the constitution.

B.R Ambedkar : A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy .

K T Shah : A cheque on a bank payable only when the resources of bank permit .

Sir Ivor Jennings : Pious Aspirations .

K.C Wheare :’manifesto of aims and aspiration .

L M Singhvi : The directives are the life giving provisions of the constitution ,they constitute the stuff of the constitution and its philosophy of social justice.

M.C Changla : if these principles are carried out then our country would be a heaven on earth.

B R Ambedkar : Economic Democracy not just Political Democracy.

Granville Austin : aimed at furthering the goals of social revolution .

B N Rau : Moral Precepts for the authorities of state www.classmateacademy.com Fundamental Duties-51A

• Rights and Duties are related . Not initially mentioned in constitution

• Influenced by Japanese Constitution

Swaran Singh Committee

• Added by 42 amendment act

www.classmateacademy.com • The Fundamental Duties

• To abide by the constitution and respect its ideals and institutions, the national flag and national anthem. • To cherish and follow and follow the noble ideals that inspired the national struggle for freedom. • To uphold and protect sovereignty, unity and integrity of India • To defend the country and render national service when called upon to do so. • To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women. • To value and preserve the rich heritage of the country's ,composite culture. • To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures • To develop scientific temper, humanism and the spirit of inquiry and reform • To safeguard public property and to abjure violence • To strive towards excellence in all the spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

• To provide opportunities for education to his child between the age of 6-14 (added by 86 amendment)

www.classmateacademy.com Other Institutions to protect Rights of the specific sections

NCPCR • To protect child rights as India signed the UN Convention on Child Rights 1989. • Chairman+ six members • Monitoring of RTE act. • Shanta Sinha (MV Foundation) • Kushal Singh

NCW • Set up in 1992,under the National commission for Women act,1992 • Chairperson +five members. • Lalitha Kumaramangalam

NCM • Set up in 1992 • Chairman+ six members • Naseem Ahmed National Commission for SCs

• Article 338 89 Amendment act,2003

• Functions Look in to the constitutional provisions and their safe guards and working To inquire into specific complaints with respect to the deprivation of rights and safe guards of the SCs

Report of commission

Power of the Commission In dealing with a complaint it has the powers of a civil court.

PL Punia

National Commission for STs Article 338A

Rameshwar Oraon.

www.classmateacademy.com National Human Rights Commission-(NHRC) • Chairman+ four members • Chairman-Rt judge of Supreme Court, a serving chief justice of a high court and two persons having knowledge or practical experience . four ex-officio members –the chairman of NCM,NCSc/St,NCW term of office 5 years or 70 yrs which ever is early. KG Balakrishanan

Functions • Suo-motu enquire in to violation of human right by a public servant To intervene in any proceeding involving allegation of violation of human rights.

• State Human Rights Commission

www.classmateacademy.com Human rights

Universal declaration of Human Rights on Dec 10.

Article 1:All Human Beings are born free and equal in dignity and rights.

Article2:everyone is entitled to all the rights and freedoms set forth in this declaration without distinction of any kind such as race ,color, sex, language, religion, nation, property, birth or other status.

Article3: Everyone has the right t life, liberty and security of person.

Article4: Slavery and Slave trade is prohibited

Article5:No one shall be subject to torture.

Article7:All are equal before law and are entitled to equal protection of law.

Article9: No one shall be subject to arbitrary arrest ,detention or exile.

Article18:Freedom of thought, conscience & religion.

www.classmateacademy.com Article26: Right to education.

• United Nations Human Rights Council(UNHRC): The members of the General Assembly elect the members who occupy the UNHRC's forty-seven seats.

• The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the UN General Assembly on 20 December 1993[1] in the wake of the 1993 World Conference on Human Rights.

www.classmateacademy.com Union Government -V : Executive , Legislature • Article 52 -78 –Union executive • President(Article 52) • Election of President(Article 54) • Electorate college(only elected MPs ,MLAs) • Value of vote of each MLA=Total population of state/Total number of elected members of state*1000 • Total number of elected members of parliament *Value of an MP=total value of votes of all MLA of all states • Proportional system by means of single transferable votes

C . Rajagopalachari – Governor-general (21 June 1948 – 26 January 1950)

Important Presidents Year Victorious candidates 1952 Dr.Rajendra Prasad 1957 Dr.Rajendra Prasad 1962 Dr.S.Radha Krishna 1974 Fakhruddin Ali Ahmed 1977 N.Sanjeev Reddy 1982 Giani Zail Singh 2002 APJ Abdul Kalam www.classmateacademy.com Qualification • Citizen of India • Complete 35 years of age • Qualified to be member of loksabha

Impeachment/Removal • One-fourth members must agree,14 days prior notice.

Pardoning power of the President-Article-72 • Pardon-completely absolves the offender

• Commutation-Substitution of one form of punishment for another which of a lighter form.

• Remission-reducing the amount of sentence without changing its character

• Respite - awarding a lesser sentence on special grounds

• Reprive - temporary suspension. Article 161- Governor also posses power of Pardon

But not in case of Court Martial and Pardon

www.classmateacademy.com Powers of President • Executive Functions All government actions are under taken under his name • Legislative functions Summon/Prorogue the house Address joint session at the commencement of first session after each general election and the first session of a year Nominations of 12 people to RajyaSabha/2 Anglo-Indians to LokSabha Recommendation in case of bills like Money bill and State reorganisation bill Ordinances making power,to be passed with in 6 weeks after its assembly • Financial powers Money bills Budget Finance Commission • Military Powers • Emergency Powers • National Emergency(Article 352) • Presidents rule(Article 356 &365) • Financial Emergency(Article 360)

www.classmateacademy.com Veto power of President • Absolute Veto • Suspensive veto • Pocket Veto

Presidential Veto over state Legislation • Article 200

Ordinance • Article 123

www.classmateacademy.com Constitutional Provision • Constitution of India provides for a parliamentary form of government

BR Ambedkar- Nominal executive

• Presidential powers

Article 53-All power of Union shall be vested in President and shall be exercised by him directly or through officers subordinate to him in accordance with this constitution

Article74-President shall act on the aid and advice of Prime Minister and the council of Minister

Article 75-Council of Minsters shall be directly responsible to the loksabha 44 amendment –gave suspensive veto

www.classmateacademy.com Vice –President

Election • Electorate College –consisting of members of both the houses.

Qualification • Citizen of India • Completed 35 yrs of age • Should be qualifies for election as member of Rajya Sabha

Election Disputes • Only the Supreme Court

Powers

• Ex-officio Chairman of Rajya Sabha

• Acts as the President

www.classmateacademy.com The Prime Minister Prime Minister In a Parliamentary system the Prime minister is the real head Article 75 says that the Prime Minster will be appointed by the President

Powers of PM He recommends to the President on the appointment of Council of Ministers.

Relationship with the President

Article 74-There shall be council of minsters with the Prime Minister at the head to aid and advise the president who shall act in accordance with such advice Article 75-The Prime Minister shall appointed by the president and other ministers shall be appointed by the President on the advice of PM. The council of minsters shall be collectively responsible to the house of the people.

Article 78-It shall be the duty of the Prime minster to communicate to the president all decisions of the council of ministers relating to the administration of the affairs of the Union and Proposals for legislation.

www.classmateacademy.com Lord Morley : Primus inter pares and key stone of cabinet arch.

Herbert Marrison : Primus Inter pares ,but much more than that.

Sir William Vernor harcourt : inter stellas luna minores (a moon among lesser stars).

Jennings : Sun around which planets revolve ,all roads on the planet lead to constitution.

H.J.Laski : The pivot around which the entire government machinery revolves

Greaves : The government is the master of the country and he the master of the government . Munro : The captain of the ship of the state . Ramsay Muir : The steersman of steering wheel of the ship of sate . www.classmateacademy.com Council Of Ministers

In Parliamentary system The Prime Minister and his Council of Ministers is the real executive.

Article 74 –There shall be a council of ministers who shall aid and advice the president

Article 75-The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the president on the advice of the PM

Total number of council of minsters is 15% of Total strength of loksabha,by 91 Amendment .

Composition of Council of Ministers Cabinet Minsters,(Kitchen cabinet),Minister of State .

Cabinet ---”Inserted “with 44 amendment act.

Cabinet Committee • Political Affairs • Economic Affairs

www.classmateacademy.com Ramsay Muir : The cabinet is the steering wheel of the ship of the state.

Lowell : the Cabinet is the keystone of the political arch .

John Marriott : The cabinet is the pivot around which the whole political machinery revolves .

Gladstone : The cabinet is the solar orb around which the other bodies revolve .

Barker : The cabinet is the magnet of policy

Bagehot :The cabinet is a hyphen that joins the buckle that binds the executive and legislative departments together .

Ivor Jennings : The Cabinet is the core of the British Constitutional system

L.S Amery : The cabinet is the central directing instrument of government

www.classmateacademy.com Parliament

President ,Loksabha, Rajya Sabha

Composition Of The Two Houses

RajyaSabha

Maximum Strength-250(238-elected,12-nominated) Present Strength-245(229-elected ,12-nominated)

Loksabha Sabha

MaximumStrength-552(530-states,20-UT,2-Anglo Indians) Present Strength-545(530-states,13-UTs,2-Anglo Indians)

Duration of Two Houses

• Rajya Sabha –Continuous body ,1/3 people retire every TWO year

• LokSabha-a term of max 5 years.

www.classmateacademy.com System of Elections to Loksabha

• Territorial extent(Population to seats is constant)

• Delimitation exercise

• 42 Amendment act froze the allocation of seats in Loksabha

• Reservation of seats For SC & STs(originally 10 years later extended)

• First Past the Post system

www.classmateacademy.com System of Elections to Rajyasabha

• To win a Rajya Sabha seat, a candidate should get a required number of votes.

• That number (quotient) is found out using the below formula. Quotient = Total number of seats in state Assembly divided by (Number of Rajya Sabha seats + 1) + 1.

• For example, five RS seats in Bihar are due for elections in 2016. There are 243 members in Assembly and UPA (Mahagathbandhan) has 178, NDA 58 and others have seven seats. Number of required votes to win a seat is 243/6+1=41.5.

• Since NDA has 58 seats, one of its candidates will be able to get 41.5 votes and NDA will manage to win one and UPA four seats (assuming no cross votes)

www.classmateacademy.com MemberShip

• Rajyasabha-Citizen of India,30yrs

• Loksabha-Citizen of India,25 yrs

Representation of peoples act ,1951

Disqualification • Representative of Peoples Act,1951 • Defection

Supreme Court Judgement : Section 8(4) of the RP Act

"Lily Thomas vs Union of India.

From the date of Conviction to 6 years after the date of release .

Jayalalitha First sitting CM to be disqualified

www.classmateacademy.com Speaker of Loksabha • Election

Powers of speaker

• Conducting the business of the house-Constitution, Rules of procedure , Precedents of House. • Casting Vote • Joint Sitting • Money Bill • Disqualification under Defection • Appoints chairman of parliamentary Committees.

• Ganesh Vasudev Mavlankar(First speaker)

Deputy Speaker

• Convention,Speaker from Majority party,Deputy Speaker from opposition

www.classmateacademy.com Speaker and Deputy Speaker created by 1919,act

• First Speaker-Fredrick White, • First Deputy Speaker Sachidanand Sinha

Proterm Speaker: Appointed by President

Chairman of Rajya Sabha • Vice –President is the EX-OFFICIO chairman He is not the member of the house

Deputy Chairman

Leaders in Parliament

Leader of the House Leader of Opposition(leader of the largest party having not less than 10 % vote) Whip

www.classmateacademy.com Sessions of the Parliament

• Rule the maximum gap between Parliament sessions is six months

Three Sessions • The Budget Sessions • The Monsoon Session • Winter session

Summon Adjournment(hour ,day,weeks) Adjournment Sine Dine (Indefinite period) Prorogation(terminates sitting of house)

Quorum • Minimum number of people that must be Present in the house ,it is one tenth of the house strength

Dissolution • Loksabha • Rajya Sabha

www.classmateacademy.com Language in Parliament • Official Languages Act (1963)

Attorney General-(Art-76)

Lame-Duck Session

www.classmateacademy.com Parliamentary Proceedings

Question Hour First Hour of every Parliamentary sitting

Type of questions • Starred question(oral answer hence supplementary question can be asked) • Unstarred question(written answer) • Short-Notice Question(asked by giving notice less than 10days )

Zero Hour

• Not mentioned in rule book

• It starts after the question hour

• It allows to raise matter without and prior notice

www.classmateacademy.com Calling Attention Motion

• Introduced by a member to call attention of a minister to a matter of urgent public importance, and seek a statement from him

Adjournment Motion

• It is introduced in the Parliament to draw attention of the house to a definite matter of urgent public importance, needs support of 50 members to be admitted

No Confidence motion

• The motion needs support of 50 members to be admitted. Article 75 Council of Ministers are collectively responsible to LokSabha.

Motion of Thanks : The first session after general election and first session of every Fiscal year is addressed by the president . It must be passed in the House

www.classmateacademy.com Legislative Procedure In parliament Ordinary bills

Money Bill • Article -110 ,deals with definition of money bill Special procedure ,money bill can be introduced only in Loksabha with the prior assent of the President.

• The bill must be returned back by Rajya sabha to loksabha with in 14 days.

Financial Bills • Financial Bills-Art-117(1) • Financial Bills-Art-117(3)

Financial Bill-Art-117(1) Can be introduced only in Loksabha with prior assent of the president Rest of the procedure same as ordinary bill

Financial Bill-117(3) Like ordinary bill,must be introduced with the assent of the president

www.classmateacademy.com Joint sitting of the house-in case of deadlock

• If the bill is rejected by the other house • If there is agreements on the amendments to be made • If more than six months have passed since the bill has reached the other house

This Facility not available for Money Bill &Constitutional amendment

Speaker>>Deputy speaker>>>Deputy Chairman.

• Dowry Prohibition Act, 1961, • Banking Service Commission Repeal Bill, 1978 • Prevention of Terrorism Act, 2002

www.classmateacademy.com Budget Article 112

Budget Contains • Estimates of revenue and capital receipts • Ways and means to raise revenue • Estimates of expenditure • Details of actual receipts and expenditure od the closing financial year and the reasons for any deficit or surplus in that year • Economic and financial policy of the coming year

Two Budgets • General Budget

• Railway Budget ,Separated in the year 1921(Acworth Committee)

Budget Expenditure • Expenditure charged upon the Consolidated Fund of India(non-votable) • Expenditure made from Consolidated Fund of India

www.classmateacademy.com Passing of a Budget • Presenting a Budget • General Discussions • Scrutiny by Departmental Committees • Voting on Demand for Grants Only Loksabha can do this And confined to only expenditure made from India Motions • Policy Cut Disapproval of policy • Economy Cut Demand to reduce the expenditure by some amount • Token cut Specific grievance's with in the policy Passing of Appropriation Bill Constitution states that no money can be with drawn from the Consolidated Fund of India Appropriation Bill Contains Grants voted by the Loksabha Expenditure Charged in India

Passing of Financial Bill • Issues related to Tax structure www.classmateacademy.com Funds • Consolidated Fund of India Taxes,Loans(Taken and recieved)

• Public Account of India Any other money like Provident fund,Postal savings etc.

• Contingency Fund Created in 1950,for any unforeseen special circumstances.

Rs 500cr.(since 2005)

www.classmateacademy.com Multifunctional Role of parliament

• Legislative Powers of the College Parliament-97 subjects State-66 subjects Concurrent list-47 subjects

Parliament can make Laws in state list

• When Rajyasabha passes a resolution(Art-249) • When national emergency is in operation(Art-352) • When two or more states make request to parliament(Art-252) • When necessary to give effect to international agreements(Art-253) • When Presidents rule is in operation(Art-356)

www.classmateacademy.com Executive Powers

• In a parliamentary form of system the executive is responsible to the parliament .

• Through measure like Question hour,Zero hour ,Adjournment Motion,No- confidence motion

• Instruments for Loksabha to Control By not passing a motion of Thanks on Presidents inaugural address By rejecting the money bill By passing a censure motion By passing a cut motion

Financial Powers • Budget www.classmateacademy.com Constituent Powers and Functions • Related to amendment

Amendment of Constitution • Article 368

• Procedure for amendment of constitution • Bill can be introduced in any of the house • Bill can be introduced by any member • Special majority • No joint sitting • Amendment related to Federal features by be ratified by at least half of the state legislature • The president must give assent to bill

www.classmateacademy.com Amendments of the constitution

• Shankari Prasad Case ,1951 Parliament can amend any law and take away fundamental right • GolakNath case,1967 Fundamental rights cannot be amended.

24 amendment act • Under Article 368 parliament can amend any law, including related to fundamental rights.

• Kesavanand Bharathi case 1973, Upheld 24 amendment act, but amendment must confer to Basic features of constitution.

• 42 amendment act parliament has any power under Article 368

• Minerva mills case,1980 invalidated this provision and upheld the basic features doctrine

www.classmateacademy.com Judicial Powers and Functions

• Impeachment of President

• Removal of Vice-President

• Removal of Judges

Position of Rajya Sabha • Rajya sabha as Unequal to Lok sabha

Money bill

Collective Responsibility to only Loksabha

Special powers Article 249-Parliament may be authorised to make a law in state list Article 312-creation of All India Services

www.classmateacademy.com Committees in Parliament

• Started under the act of 1919 • First committee in 1921 was PAC, • PAC-22 members, period 1 year From 1966 PAC chairman is from opposition It examines the CAG report .

Estimates Committee • Committee on Public Undertakings

Departmental Standing Committees

• Started in 1993,initially 17

• Now 24 committees.

Parliamentary Privileges • Article 105 of the Constitution • They have freedom of speech in Parliament • They cannot be arrested 40 days before and 40 days after the end of sessions in case of civil cases.www.classmateacademy.com Two form of Government: Presidential and Parliamentary

Parliament President

Dual executive Single executive

Majority party rule President and legislators elected separately for a fixed term

Collective responsibility Non-responsibility

Leadership of prime minister Domination of President

Dissolution of lower house No dissolution of lower house

Fusion of powers Separation of Powers

www.classmateacademy.com Judiciary

• Federal court with ,1935 Act • No of Judges • Appointment of judges 1993,1998 judgement.

Qualification • Citizen of India • Judge of high court for 5years/Advocate for 10 years

Art 124 : 124(2) “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose” .

1977 H.R Khanna (was senior most judge but still not appointed ,then resigned)

www.classmateacademy.com Collegium system NJAC

124 (2) appointment by President 124A after consultation with CJI. Supreme Court Advocates-on 99 th Amendment act Record Association vs Union of India - 1993 CJI +4 senior judges of SC 6 members (CJI + 2 senior judges and the chief justice of a of SC+ Law Minster+2 Jurists) particular high court and its two atleast one from minorities,SC senior most judges and ST etc Two jurists will be selected by a panel comprising the Prime Minister, the CJI and leader of opposition

www.classmateacademy.com Tenure Removal of Judges Judges Enquiry act ,1968

Ad hoc Judges Procedure of court

Constitutional cases • Article 143 ,Five judges Presently NJAC case pending.

Important Chief Justices :

• Y.V ChandraChud (longest tenure ) • V.R Krishna Iyer and Jagadish Bhagawati(PIL) • V. Ramaswami (1991) • Fatima Beevi (First Women Judge) • Gyan Sudha Misra,Ranja Desai • R.Banumathi (present, total of 6 only)

www.classmateacademy.com Independence of Supreme court

• Mode of appointment

• ‘Security of Tenure

• Fixed Service Conditions

• Expenses Charged on Consolidated Funds

• Conduct of Judges cannot be Discussed

• Power to punish for contempt

• Freedom to appoint its staff

• A person who has retired being a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

www.classmateacademy.com Jurisdiction and powers of Supreme court

• Original Jurisdiction Centre and states States vs states

• Writ Jurisdiction Habeas Corpus, mandamus, prohibition, quo-warranto and certiorari

• Appellate Jurisdiction

• Advisory Jurisdiction Article 143 On any question of law or fact of public importance which has arisen On any disputes arising out of any pre-constitution treaty, agreement etc.

• Power of Judicial Review

www.classmateacademy.com State Government

Governor • Qualification • Citizen of India • Completed 35 years of age

Terms of Governors office

• Usually five years but it depends on the pleasure of the president

www.classmateacademy.com Terms of Governors office

• Usually five years but it depends on the pleasure of the president

Powers of Governor

Executive Function

• All functions are under taken in his name • Appointment of CM • Appointment of Public services heads • During emergency

Legislative powers • Address the first session • Nominate one –sixth of legislative council • Nominate one Anglo Indian

www.classmateacademy.com Bills

• Give assent to the bill

• Withhold the assent to the bill

• Return the bill(in case its not money bill)

• Reserve the bill for consideration of president

• Promulgate ordinances

Financial Powers • Money bill can be introduced only with his prior permission

Judicial powers • Consultation during appointment of High court judges

• Commutation, reprive, respite, remission

www.classmateacademy.com Position of Governor

Nominal Executive

• Article 163-There shall be a council of minister with CM as the head to aid and advice the governor ,except when he has to exercise his jurisdiction

• Article 164-The council of ministers shall be collectively responsible to the legislative assembly of the state.

www.classmateacademy.com Discretion of the governor

• Reservation of Bill for the consideration of the President(Article - 200) • Recommendation for the imposition of the Presidents rule.

• Determining the amount payable by the government of Assam ,Meghalaya,Tripura and Mizoram to autonomous district council as royalty accuring from licenses for mineral exploration.

• Special responsibilities in case of Maharahtra,Gujarat,Nagaland,assam,Manipur,Sikkim,Arunachal Pradesh.

Nagaland(371-A),Assam(371-B),Manipur(371-C),A.P(371-D),Sikkim(371-F),Mizoram(371-G) Arunachal Pradesh(371-H),Goa (371-I)

www.classmateacademy.com Chief Minister

Chief Minister

• Article 164-Shall to be appointed by the governor. Relationship with the Governor.

• Article 163-There shall be a council of minsters with CM as the head to aid and advice the governor on the exercise of his functions, except in so far as he is required to exercise his functions or any of them in his discretion.

• Article 164-CM shall be appointed by the governor and other minsters shall be appointed by the governor on the advise of the chief Minister.

The minister shall hold office during the pleasure of the governor .

The council of Ministers shall be collectively responsible to the legislative assembly.

www.classmateacademy.com • Article 167-It shall be the duty of CM to communicate to the governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation.

State council of ministers.

• Article 163-There shall be a council of ministers to aid and advice the governor in the exercise of his functions, except in so far he is required to exercise his functions in his discretion.

• Article 164-The CM shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of CM.

www.classmateacademy.com State Legislation

State legislature

Unicameral system

Seven states have Bicameral system-AP, JK,MH,Kaka,Bihar,UP,Telangana

Abolition/creation of legislative councils of states The state assembly must pass a resolution with special majority ,which then is passed by the parliament in simple majority.

Composition of the assembly

Strength-Maximum of 500 and a minimum of 60. However exception for small states like Arunachal, Goa, and Sikkim(30). In case of Mizoram and Nagaland (40 &46)

www.classmateacademy.com Nominated member

• One from Anglo Indian Community

Constituencies

• 42 amendment act of 1976 had frozen the total number of seats in the assembly of each state till 2000. This was continued by 84 amendment act up to 2026.

Manner of election

• One-third are elected by local bodies • One-twelfth by graduates • One-twelfth by teachers • One-third by members of legislative assembly • One-sixth nominated by the Governor.

www.classmateacademy.com Qualification

Assembly-25 yrs Council-30 yrs

Disqualification

• If he is of unsound mind and stands so declared by a court

• If he is undischarged insolvent

• If he is not a citizen of India or has acquired the citizenship of a foreign state

• If he is disqualified for any other reason • • Disqualification on Ground of Defection

www.classmateacademy.com Speaker of the Assembly.

Deputy Speaker of Assembly.

Passing of Bill ,powers of assembly and council

Delay in first instance of 3 months

Next instance of one month

www.classmateacademy.com Unitary features of the constitution

• Strong centre

• States not indestructible

• Single Constitution

• Flexibility of constitution

• No equal representation of state

• Emergency provisions

• All-India Services

• Appointment of governor

Quasi federalism Federal with Unitary Bias

• SR Bommai case(1994),the supreme court laid down that the constitution is federal and characterised federalism as its basic feature. www.classmateacademy.com Centre –State Relations These can be seen under 3 heads • Legislative relations

• Executive relations

• Financial relations

Legislative Relations

• Territorial Extent of centre state relations • Parliament can make laws for entire country • Distribution of Legislative relations • List -1-union list-97 • List-2 –state list-66 • List-3-Concurrent list-47 • Residuary list • 42 amendment act transferred 5 subjects to Concurrent list from state list Education, Forests,Protection of wild animals ,administration of justice www.classmateacademy.com Parliamentary legislation in the state field

• When passes a resolution 2/3 majority and exist 1 year ,renewed any number of times During a National Emergency Law becomes inoperative 6 months after the end of emergency • When states make a request Wild Life protection act(1972) (Art-252) • To implement international agreements(Art-253) • During Presidents Rule(Art-356)

Centres control on state legislature • Governor can reserve certain types of bills passed by state legislature for the consideration of the president.(Art -200)

Administrative relations • All-India Services • Public Services Commission • Integrated Judicial System • Emergency

Article 352,Article 356,Article 360www.classmateacademy.com • Centres duty to Protect Every state Article 355

Financial relations • Distribution of Taxes Article 280-Finance commission Grant-in-aid to the states Statutory Grants

• Article 275 Discretionary Grants

• Finance commission Article 280 Distribution of net proceeds of taxes to be shared between the centre and state Principles that govern Grant-in-Aid Measures to augment Panchayats

www.classmateacademy.com Tensions in Centre state relations

• Governor appointment and his working • Imposition of presidents rule • Reservation of state bill for presidential assent • Discrimination of financial allocation • Planning commission

States :

• Rajamannar Committee.(1969) • Anandpur Sahib Resolution.(1971) • West Bengal Memorandum(1977)

Centre:

Sarkaria Commission(1983) MM Punchi Commission(2006)

www.classmateacademy.com Inter state relations

• Inter state water Disputes Article 262 Inter state water disputes act ,1956

• Article 263-Inter state council Sarkaria Commission recommended 1990-Inter-state council.

• Zonal Council States reorganisation act ,1956 North-eastern council North eastern Council Act,1971

www.classmateacademy.com Emergency Provisions

• Article 352-National emergency due to war, external aggression or armed rebellion.

• Article-356 –Presidents Rule The state assembly is suspended and the centre gets the power make laws in the state list also.

• Article 360-Financial emergency when the government faces grave financial issues. Not happened till now .

www.classmateacademy.com Emergency under Article 352

Before the amendment 44 amendment changes

Internal disturbance Armed rebellion

Prime minister alone Cabinet

Judicial review

Approval,2 months One month

Unlimited period Unlimited but approved every 6 months Previously simple majority Special Majority

www.classmateacademy.com Before the amendment 44 amendment changes

Lok sabha life may be extended Loksabha extended one year at a one year at a time time(1971-1977) .Within 6 months election should happen after emergency is over Article:358 says Article 19 suspended only when Article 19 (Suspended) emergency under external aggression

Article 359 : By Presidential Article 20 ,21 cannot be order any fundamental rights suspended may be suspended Article20: right to protection in respect of conviction for offences .

Article21: Right to life and personal liberty.

www.classmateacademy.com Federal Government Unitary Government

Dual government Single government

Written constitution May be written or unwritten

Division of powers between the No division of powers. All powers national and regional government vested in the national government

Supremacy of Constitution Constitution may or may not be supreme Rigid Constitution Constitution may be rigid or flexible

Independent Judiciary Judiciary may or may not be independent

Bicameral system May or may not be bicameral

www.classmateacademy.com High Courts • Started in the year 1862 with Madras,Calcutta,Bombay. 1866-Allahabad. • Total 24 high courts (Tripura,Meghalaya,Manipur )

• Judges Appointment of Judges Chief Justice is appointed after the consultation of chief justice of India and the Governor of the state.

• Qualification Citizen of India Should have held a judicial office for ten years (or)should have been advocate of a high court for ten years

• Tenure • Removal of Judges Judges Enquiry Act,1968 • Acting chief Justice Additional and acting Judges www.classmateacademy.com Independence of High court

• Mode of appointment

• Security of tenure

• Fixed service conditions

• Expenses charged on consolidated fund of state

• Conduct of Judges cannot be discussed

• Ban on practise after retirement, except in SC and other HC

• Power to punish for its contempt.

• Freedom to appoint its staff

www.classmateacademy.com Jurisdiction and powers of high court

Original jurisdiction • Matters of admirality,divorce,company laws and contempt of court. Disputes regarding election of MP,MLA Writ Jurisdiction • Article 226 Habeas Corpus,Mandamus,certiorari,prohibition quo-warranto. Writ jurisdiction of high court is wider than supreme court. Appellate Jurisdiction

Supervisory Jurisdiction • Power of superintendence over all the courts and tribunals . Control over subordinate courts

www.classmateacademy.com Judicial Review • Article 13 and Article 226.

Subordinate Courts

• District and sessions Judge Subordinate Judge & Judicial Magistrate Judge

• National legal services ,act 1987

• Nyaya Panchayat ,act 2009

www.classmateacademy.com Local Government :The third Tier

Evolution

• 1952-CDP • 1957-BalwantRai Mehta Committee • 3-tier structure Nagaur and Anantapur

• Ashok Mehta Committee Two-tier structure where the population is less than 20,000.

• GVK Rao Committee(Planning Commission)

• LM Singhvi Committee Panchayati Raj to be constitutionally recognised.

www.classmateacademy.com 73 & 74 amendment act gave a constitutional status. • Part-9,Article -243.

73 Amendment act

Salient Features • Gramsabha(243A)(every adult more than 18yrs) • Three-tier system • Reservation of seats(SC,ST & women)(243D) • Duration of Panchayat • State Election Commission. • Powers and Functions • Finances • Finance Commission(243I)

• PESA,1996 act(Panchayat Extension to Scheduled Areas )

www.classmateacademy.com 15. Non-conventional energy sources. 1. Agriculture, including agricultural 16. Poverty alleviation programme. extension. 17. Education, including primary and secondary 2. Land improvement, implementation schools. of land reforms, land 18. Technical training and vocational education. consolidation and soil conservation. 19. Adult and non-formal education. 3. Minor irrigation, water management and 20. Libraries. watershed development. 21. Cultural activities. 4. Animal husbandry, dairying and poultry. 22. Markets and fairs. 5. Fisheries. 23. Health and sanitation, including hospitals 6. Social forestry and farm forestry. , primary health 7. Minor forest produce. centers and dispensaries. 8. Small scale industries, including food 24. Family welfare. processing industries. 25. Women and child development. 9. Khadi, village and cottage industries. 26. Social welfare, including welfare of the 10. Rural housing. handicapped and mentally 11. Drinking water. retarded. 12. Fuel and fodder. 27. Welfare of the weaker sections, 13. Roads, culverts, bridges, ferries, and in particular, of the waterways and other means of Scheduled Castes and the Scheduled Tribes. communication. 28. Public distribution system. 14. Rural electrification, including 29. Maintenance of community assets.". distribution of electricity.

www.classmateacademy.com Urban Local Bodies

• 1687—Madras • 1726-Bombay,Calcutta • 1882-Ripon resolution

• 74 amendment act 243-P to 243-ZG.

Three types of municipalities

• Nagarpalika • Municipal Council • Municipal Corporation

• DPC-District Planning Committee(243ZD) • MPC-Metropolitan Planning Committee(243ZE) 18 subjects

www.classmateacademy.com • Urban Planning including town planning. • Regulation of land-use and construction of buildings. • Planning for economic and social development. • Roads and bridges. • Water supply for domestic, industrial and commercial purposes. • Public health, sanitation, conservancy and solid waste management. • Fire services. • Urban forestry, protection of the environment and promotion of ecological aspects. • Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. • Slum improvement and up gradation. • Urban poverty alleviation. • Provision of Urban amenities and facilities such as parks, gardens, playgrounds. • Promotion of cultural, educational and aesthetic aspects. • Burials and burial grounds; cremations, cremation grounds and electric crematoriums. • Cattle pounds; prevention of cruelty to animals. • Vital statistics including registration of births and deaths. • Public amenities including street lighting, parking lots, bus stops and public conveniences. • Regulation of slaughter houses and tanneries.

www.classmateacademy.com Types of Urban Government

• Municipal Corporation • Municipality • Notified Area Committee • Town area Committee • Cantonment board • Township • Port Trust • Special purpose Agency.

www.classmateacademy.com Union territories

Created for various reasons • Political and administrative consideration –Delhi and Chandigarh • Cultural Distinctiveness- Puducherry, Dadra,Daman • Strategic importance- Andaman,Lakshdweep

• Adminstrator- Chandigarh,Daman,Dadra,Lakshadweep • Lt.Governor- Delhi,Andaman,Puducherry

• Delhi –Special statues to Delhi and NCT.(69 amendment act) • Delhi and Pondicherry have assembly

www.classmateacademy.com www.classmateacademy.com Constitutional bodies

Election commission • Art 324

Independence

• CEC is provided with security of tenure, process of removal is similar to that of supreme court.

• Service conditions cannot be varied to his disadvantage during his tenure.

• Sukumar sen (1950-58) • V.S Ramadevi(1990) • T.N Sheshan(1990-96) Voter IDs for all eligible voters,

1989 -3 member body ,1990 abolished then 1993 gain 3 member body

www.classmateacademy.com UPSC • Article 315-323 • Composition-1+10(age 65 yrs)

Independence

• Removal process similar to election commission • Conditions of service cannot be varied to his disadvantage after his appointment • Expenses charged on the consolidated Fund of India

Functions. • To conduct exams for appointment to the AIS, Central civil service and Public service .

SPSC • Composition-chairman +others(Age-62) Both are constitutional Bodies

www.classmateacademy.com Finance Commission

• Article 280-Finance Commission • Chairman +four members • Chairman, Judge, Person having knowledge and experience in finance, accounts and economics.

Functions

• Distribution of net proceeds of tax between centre and state.

• Principles that should govern grant-in-aids to the state by the centre

• Measures needed to augment the Consolidated fun of state to supplement the resources of Municipalities

• Any other matter referred to it by the president.

www.classmateacademy.com Article 340 :

• First Backward Classes Commission : Kaka Kalelkar.(29 January 1953 )

• Second Backward Classes Commission : B.P Mandal Commission.(1979-By Morarji Desai) (reservation raised to 50 %)

• National Commission for Backward castes (1993) Statutory body , V.Eshwairah

www.classmateacademy.com CAG(Art 148-151)

• BR Ambedkar said it will the most important organisation in under the Constitution it will be the guardian of Public Purse.

• Lord Canning had initiated a major administrative reorganization. This led to the setting up of, for the first time, in May 1858, a separate department with an Accountant General at the helm.

• The budgeting system laid the foundation stone of Imperial Audit.

• Sir Edward Drummond took charge in November 1860 as the first Auditor General.

• The term Comptroller and Auditor General of India was first used in 1884.

• The Montford Reforms of 1919, the Auditor General became independent of the Government.

• The Government of India Act 1935 strengthened the position of the Auditor General by providing for Provincial Auditors General in a federal set-up. • the last British Auditor General Sir Bertie Monro Staig

www.classmateacademy.com Independence

• Process of removal similar to SC judge • Not eligible for further service conditions under GOI. • Privileges cannot be reduced during his term. • Salary and other service conditions are determined by the parliament and equal to that of Judge of SC

Duties and Powers :

• Article 149-Parliament determines the duties and powers of the CAG. CAG(Duties, Powers , and conditions of service)act,1971

• Article 150-How the accounts are to be maintained by state and central government • Article 151-submits the report to the president who in turn lays it before the parliament

www.classmateacademy.com Attorney General of India

• Article -76 • Appointed by the president. • He must be judge of high court for five years ot advocate for ten years • No salary ,but a retainer.

Advocate General of state

• Article 165

www.classmateacademy.com Planning Commission-1950

• Composition Prime Minister(ex-officio chairman) Deputy Chairman(De-Facto Chairman)

• NDC-National Developmental Commission.(1952)

PM+ Union Minsters+ CM of all states+ Members of PC.

• NITI Ayog(National Institute for Transformation of India)

www.classmateacademy.com CVC

• Santhanam Committee(1962-1964)

• Made a statutory body in 2003

• Chairman + two members

• Term of four years or 65 years

Functions Prevention of corruption act Jurisdiction Government directly and group-A.

Central Information Commissioner

CIC act ,2005 Chairman+Max of ten people. Term 5 years or max of 65 years.

www.classmateacademy.com Civil Services : Centre and State Article 308-314

Article 309:Parliament has the power to regulate the recruitment and the conditions of service of the persons appointed to civil service.

Article 310:Members of civil service hold the office during the pleasure of the civil service.

Article 311:A civil servant cannot be dismissed or removed by an authority subordinate to that by which he is appointed.

• A civil servant cannot be dismissed except after an inquiry in which he has been infirmed of the charges and given an opportunity to be heard.

• Originally opportunity to be heard two times-inquiry stage and punishment stage • After 42 amendment act only once.

• Article 312: The parliament can create an AIS if the Rajya sabha passes a resolution with two –third majority .

www.classmateacademy.com Tribunals

Article 323A: Parliament can create administrative tribunals. Administrative tribunal act,1985

CAT: Central administrative tribunal,usually located in the high court. Recruitment and conditions of service

SAT: State Adminstrative tribunals

Article 323B:Tribunals for other matters like ,Taxation,Land reforms etc

www.classmateacademy.com The Different Tribunals are :

• Electricity Tribunal • Excise and Service Tax tribunal • Debts Recovery Tribunal • Intellectual Property tribunal • Railways Claims Tribunal

• National Green Tribunal,2010

Chairman-Swatantra Kumar

• The sanctioned strength of the tribunal is currently 10 expert members and 10 judicial members although the act allows for up to 20 of each.

www.classmateacademy.com Article 262

Article 262 of the Constitution reads as under: Adjudication of disputes relating to waters of inter-State rivers or river valleys:

(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, in any inter-State river or river valley.

(2) Notwithstanding anything in this Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1)”

• A Tribunal : The Tribunal’s composition is laid down in the Act. It consists of a Chairman and two other members, nominated by the Chief Justice of India from among persons who, at the time of such nomination, are Judges of the Supreme Court.

The Tribunal can appoint assessors to advise it in the proceedings before it.

www.classmateacademy.com River States Date of Constitutional Date of Award Tribunal

Krishna Maharashtra,AP,Karnataka Apr,1969 May1976 Godavari Maharashtra,AndhraPradesh, April1969 July1980 Karnataka,MadhyaPradesh,Od isha Narmada Rajasthan,MadhyaPradesh,Gu October1969 Dec1979 jarat,Maharashtra. Cavery Kerala,Karnataka,TamilNadu Jun1990 and Puducherry Krishna Karnataka,AndhraPradesh and April2004 Maharashtra Mandovi/M Goa,Karnataka - - ahadayi Vansadhara AndhraPradesh,Odisha - -

www.classmateacademy.com Anti –Defection law

• Members of a political party: If they give up their party membership or vote against the party in parliament they stand to be disqualified.

• Independent members : An independent member becomes disqualified to remain a member of the house if he joins any political party after election.

• Nominated members :Nominated members become disqualified if he joins any political party after the expiry of six months from the date of taking oath.

• Except a member of the party goes out as a result of merger of party with another party ,a merger take place when two-thirds of the members of the party have agreed to such merger.

www.classmateacademy.com Schedules of the constitution First Schedule Names of states and UT Article 1-4

Second schedule Provision relating to Articles 59,65,75,97 etc emoluments , allowances and privileges. Of President, Governor, Speaker. Third Schedule Forms of Oath of,CAG, Union Article 75,84,99,124,146 etc. misters ,Parliaments ,MPs,SC Fourth Schedule Allocation of seats in Rajya 4 and 80 sabha to states Fifth Schedule Provisions relating to Article 244 administration and control of scheduled areas and scheduled tribes Sixth Schedule Administration of Tribal areas Article 244 and 275 Assam, Meghalaya, Tripura and Mizoram etc.

www.classmateacademy.com Seventh Schedule Division of powers between Article 246 state list ,union list and Concurrent list Eighth Schedule Languages recognised by Article 344 and 351 constitution. originally 14,now 22 Las added 92 amendment act ,Bodo,Santhali,Maithili,Dongri Ninth Schedule Act related to land reforms 31-B

Tenth Schedule Provisions related to 102 and 191 disqualification. Added by 52 amendment act Eleventh Schedule Panchayats,73 amendment act Article 243-G

Twelfth Schedule Muncipalities,74 amendment Article 243-W

The GoI, must see "they grow rapidly in richness and become effective means of communicating modern knowledge. In addition, a candidate appearing in an examination conducted for public service at a higher level is entitled to use any of these languages as the medium in which he or she answers the paper www.classmateacademy.com Types of Majority

Simple majority: Example: No confidence motion, Budget, Money bill.

Absolute majority: Majority of more than 50% of the total strength of the house.

Effective majority: Removal of Vice President

Special majority:

Under article 61 – Two-third of the strength of the house Under article 249 – Two-third of members present and voting Under article 368 – Two-third of the strength of the house and this majority should be absolute majority of the house.

www.classmateacademy.com Some Important Amendments to the constitution

First Amendment,1951 Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review Seventh Amendment,1956 The state reorganisation in to 14 states and 6 union territories.

Twenty Sixth Amedment,1971 Abolished Privy Purses and privileges of the former rulers of princely states.

www.classmateacademy.com Forty Second Amendment Act,1976 Forty fourth Amendment Act,1944

Socialist, Secular, and integrity added to Preamble, Added Fundamental Duties ,Froze the Number of Seats and Population to 1971 Census Made Constitutional amendments Restored Judicial review beyond Judicial review Curtailed power of judicial review and Restored the power to issue writs writ jurisdiction of the supreme court Raised tenure of Loksabha and assembly Restored term of Loksabha to 5 years . to 6 years Extended the one time duration of the presidents rule in state to 1 year from 6 months. Shifted 5 subjects from state list to concurrent list The provisions regarding quorum were Restored back the provisions regarding removed . Quorum www.classmateacademy.com 44 Amendment Act,1978 The President could send back the advice once. Replaced internal disturbance by armed rebellion in respect of National Emergency

Made the President to declare a national emergency only on the written recommendation of the President

Deleted Right to Property from the list of Fundamental Rights and made it a Legal Right.

Fundamental rights Guaranteed by Article 20 and 21 may not be suspended during a national emergency.

www.classmateacademy.com 52 Amendment Act ,1985 Anti Defection law and tenth Schedule 61 Amendment Act,1989 Voting age reduced to 18 69 Amendment Act,1991 Special Status to NCR with a legislative assembly of 70 members and 7 ministers 84 Amendment Act Population for delimitation ,1971 census extended up 10 2026 86 Amendment Act 21-A,RTE,51-A(11) 89 Amendment Act Bifurcation of NCSC & NCST 91 Amendment Act 15 % of Loksabha strength, Defection law changes 92 AmendmentAct 4 languagesin to 8 Schedule Bodo,Maithli,Santhali,Dogri 93 Amendment Act Reservation in Private colleges except minority colleges 99 Amendment Act NJAC (national Judicial Appointments Commission) 122 Amendment ACT GST ,bill passed in Loksabha

www.classmateacademy.com Salient Feature of Indian Constitution

www.classmateacademy.com Government of Federal scheme, Office of Governor, Judiciary, Public Service India Act 1935 commission, Emergency provisions From U.K • Nominal Head - President (like Queen) Cabinet System of Ministers • Post of PM • Parliamentary Type of Govt. Bicameral Parliament • Lower House more powerful • Council of Ministers responsible to Lower House • Speaker in Lok Sabha From USA • Written Constitution • Executive head of state known as President and his being the supreme commander of the armed forces. • Vice- President as the ex-officio Chairman of Rajya Sabha • Fundamental Rights • Supreme Court • Provision of States • Independence of judiciary a judicial review • Preamble • Supreme court and High court removal of Judges www.classmateacademy.com From USSR • Five Year Plan

From Australia • Concurrent list • Languages of the preamble • Provision regarding trade ,commerce and intercourse Weimar • Suspension of fundamental rights during emergency Constitution of Germany Canada • Federation with strong centre • Distribution of powers with centre and state and placing residuary powers with the centre Ireland • Method of election of President • DPSP • Nomination of members in Rajya sabha by the president

www.classmateacademy.com Comparison Written Constitution Flexible/Rigid /Country India Written and longest More flexible than rigid

Written and finally adopted in Rigid very difficult to USA 1789 amend (2/3 congress ),3/4 of sates must agree Britain Not written evolved over a Easy by parliament as period of time normal law France Written several times now FIFTH Rigid 60% majority in republic after the WW.2 both houses or referendum Japan Written in 1947 2/3 majority of diet then submitted to people for special ratification Germany Written in 1949 2/3-Bundestag Grundgestez(Basic law) 2/3 in bundesrat

www.classmateacademy.com Comparison Term of Term of both houses /Country President/PM

India PM and President Loksabha(5 yrs),Rajyasabha(6yrs) 5yrs USA President 4yrs House of Representatives(2yrs) Senate (6 yrs) Britain Queen House of Commons(5yrs) PM(5yrs) House of Lords() France President National assembly(5 yrs) Prime minister Senate(6 yrs) Japan King House of representatives PM (5yrs) House of Councillors Germany Parliamentary Bundestag Chancellor Bundesrat Switzerland Federal Council(7) Federal Assembly 1 year per person Canton (Separate) www.classmateacademy.com Comparison Unitary/Feder Parliamentary/Presidential /Country al

India Federal with Parliamentary unitary Bias USA Federal Presidential

Britain Unitary Constitutional Monarchy Parliamentary

France Unitary President and Prime minister both exist

Japan Unitary Constitutional Monarchy Parliamentary

Germany Federal Parliamentary Chancellor

www.classmateacademy.com Afghanistan Shura Australia Federal Parliament Bangladesh JatiyaSansad Bhutan Tsogdu Brazil National Congress Parliament (House of Common's and House Britain of Lords) Canada Parliament France National Assembly Bundestag (Lower House) and Bundesrat Germany (Upper House) India Sansad

www.classmateacademy.com Iran Majlis Israel Knesset Japan Diet Russia Duma & Federal Council Spain Cortes Sweden Riksdag Saudi Arabia Majlis Al Shura Switzerland Federal Assembly USA Congress