1.FR, DPSP, FD

2.Related Cases

3.President and related

4.Parliament

5.Governor of State

6.State

7.Local Government

8.Judicial

9.Various Bodies/Commissions

1.Acts

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The Constitutional Amendment Bills can only be ratified i.e. it CANNOT be rejected or returned.

Article 35A : empowers J&K legislature to define state’s “permanent residents” and their special rights and privileges without attracting a challenge on grounds of violating the Right to Equality of people from other States or any other right under the Constitution.

Article 35A protects certain provisions of the J&K Constitution which denies property rights to native women who marry from outside the State. The denial of these rights extend to her children also.

Article 370 :

It gives autonomous status to the state of Jammu and Kashmir.
The article is drafted in Part XXI of the Constitution : Temporary, Transitional and Special Provisions TTS
Article 370 embodied six special provisions for Jammu and Kashmir:

It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.
Central legislative powers over the State were limited, at the time of framing, to the 3 subjects of defence, foreign affairs and communications.
Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.
The 'concurrence' was only provisional. It had to be ratified by the State's Constituent Assembly.
The State Government's authority to give 'concurrence' lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.
The Article 370 could be abrogated or amended only upon the recommendation of the State's Constituent Assembly.

Fundamental rights, Articles 19(1)(f) and 31(2) of the Constitution are still applicable to J&K; hence the Fundamental Right to property is still guaranteed in this state.
The Union of India has NO power to declare Financial Emergency under Article 360 in the J&K state.
Part IV DPSP (Directive Principles of the State Policy) and Part IVA FD (Fundamental Duties) of the Constitution are NOT applicable to J&K.

Indian Constitution :

World's lengthiest written constitution had 395 articles in 22 parts and 8 schedules at the time of commencement. Now Constitution of India has 448 articles in 25 parts and 12 schedules.
As of January 2019, there have been 124 Amendment Bills (latest 10% reservation to economically weaker sections of general ) and 101 Amendment acts to the Constitution of India since it was first enacted in 1950.

Parts	Subject Matter	Articles Covered
I	The Union and its territory	1 to 4
II	Citizenship	5 to 11
III	Fundamental Rights	12 to 35
IV	Directive Principles of State Policy	36 to 51
IV-A	Fundamental Duties	51-A
V	The Union Government	52 to 151
	Chapter I - The Executive	52 to 78
	Chapter II - Parliament	79 to 122
	Chapter III - Legislative Powers of President	123
	Chapter IV - The Union Judiciary	124 to 147
	Chapter V - Comptroller and Auditor-General of India	148 to 151
VI	The State Governments	152 to 237
	Chapter I - General	152
	Chapter II - The Executive	153 to 167
	Chapter III - The State Legislature	168 to 212
	Chapter IV - Legislative Powers of Governor	213
	Chapter V - The High Courts	214 to 232
	Chapter VI - Subordinate Courts	233 to 237
VIII	The Union Territories	239 to 242
IX	The Panchayats	243 to 243-O
IX-A	The Municipalities	243-P to 243-ZG
IX-B	The Co-operative Societies	243-ZH to 243-ZT
X	The Scheduled and Tribal Areas	244 to 244-A
XI	Relations between the Union and the States	245 to 263
	Chapter I - Legislative Relations	245 to 255
	Chapter II - Administrative Relations	256 to 263
XII	Finance, Property, Contracts and Suits	264 to 300-A
	Chapter I - Finance	264 to 291
	Chapter II - Borrowing	292 to 293
	Chapter III - Property, Contracts, Rights, Liabilities, Obligations and Suits	294 to 300
	Cpapter IV - Right to Property	300-A
XIII	Trade, Commerce and Intercourse within the Territory of India	301 to 307
XIV	Services under the Union and the States	308 to 323
	Chapter I - Services	308 to 314
	Chapter II - Public Service Commissions	315 to 323
XIV-A	Tribunals	323-A to 323-B
XV	Elections	324 to 329-A
XVI	Special Provisions relating to Certain Classes	330 to 342
XVII	Official Language	343 to 351
	Chapter I - Language of the Union	343 to 344
	Chapter II - Regional Languages	345 to 347
	Chapter III-Language of the Supreme Court, High Courts, and so on	348 to 349
	Chapter IV-Special Directives	350 to 351
XVIII	Emergency Provisions	352 to 360
XIX	Miscellaneous	361 to 367
XX	Amendment of the Constitution	368
XXI	Temporary, Transitional and Special Provisions	369 to 392
XXII	Short title, Commencement, Authoritative Text in Hindi and Repeals	393 to 395

NOTE:
Part VII ( dealing with Part - B states) was deleted by the 7th Amendment Act (1956).
Both Part IV-A and Part XIV-A were added by the 42nd Amendment Act (1976).
Part IX-A was added by the 74th Amendment Act (1992)& Part IX-B was added by the 97th Amendment Act (2011).

Schedules	Contains
1st	States and UTs
2nd	Provisions for President, Speaker, Chairman , Judges of SC and HCs, CAG
3rd	Oaths and Affirmations
4th	Allocation of seats in the council of states
5th	Provisions for admin of Scheduled Areas and Scheduled Tribes
6th	Administration of tribal areas in AMTM states
7th	Distribution of legislative powers in State, Union and Concurrent list
8th	List of recognised languages as of 22
9th	Provision as of validation of certain acts
10th	Disqualification on ground of defection
11th	Powers, Responsibilities and authorities to Panchayat
12th	Powers, Responsibilities and authorities to Municipalties

Konkani is the official language of the state of Goa and it is one of 22 scheduled languages mentioned in the 8th schedule of the Constitution. It is spoken all along the Konkan and Malabar coasts. Konkani speakers are an influential minority in Karnataka and Kerala too. Konkani is the only language that is written in 5 different scripts – Roman, Devnagri, Kannada, Persian Arabic and Malayam.

Konkani was accorded the official language of Goa status in 1987.

The following shows the right order.

Government of India Act of 1935 - Federal scheme, Office of Governor, Judiciary, Public Service Commission, Emergency provisions and administrative details.
United States of America Constitution — Removal of Supreme court and High court Judges
USSR’s (Russia) Constitution — ideal of justice – social, economic and political
French Constitution — Ideals of liberty, equality and fraternity

Procedure established by law – Japanese constitution

Federation with strong centre – Canadian constitution

Cabinet system – British constitution

Joint sitting of the two houses of the parliament – Australian constitution

The parliamentary system is based on the principle of cooperation and co-ordination between the legislative and executive organs while the presidential system is based on the doctrine of separation of powers between the two organs.

The Indian Parliament is NOT a sovereign body even though it is based on British Parliamentary model where the Parliament is sovereign.

Other major features are parliamentary:

(a) Presence of nominal and real executives;

(b) Majority party rule,

(d) Membership of the ministers in the legislature,

(e) Leadership of the prime minister or the chief minister,

(f) Dissolution of the lower House (Lok Sabha or Assembly)

Note : President and Governor are nominal executives, whereas the PM and CMs are real executives wielding de facto powers.

Althing is the national parliament of Iceland. It is the oldest parliament in the world.

National Voters Day is celebrated on 25th Jan because on 25th Jan 1950 the Election Commission of India was established.

CITIZENSHIP : The articles from 5 to 11 cover this

Article 12 defines the STATE : The State includes following :

(a) Government and Parliament of India, that is, executive and legislative organs of the Union government.

(b) Government and legislature of states, that is, executive and legislative organs of state government.

(d) All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.

——> According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.

All local authorities ( municipalities, panchayats, Gram Panchayat, district boards, improvement trusts ) etc are included but NOT Khap Panchayat which is only a traditional institution with no legal and constitutional mandate.

Article 13 : All laws that are inconsistent and in derogation of any of the FRs shall be void.

1.FR, DPSP, FD

RIGHTS OUTSIDE PART III :

Besides the FR of Part III, there are certain other rights contained in other parts of the Constitution , known as constitutional rights or legal rights or non-fundamental rights.

1. No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
2. No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).
3. Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).
4. The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV).

Even though the above rights are also equally justiciable, they are different from the Fundamental Rights.
In case of violation of the above rights, the aggrieved person CANNOT avail the constitutional remedy to move directly to Supreme court and can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).

CONSTITUTIONAL RIGHT (mentioned in Constitution)

It like right to property, can be regulated ie, curtailed, abridged or modified without constitutional amendment by an ordinary law of the Parliament.
It protects violation against executive action but NOT against legislative action. (Like Right to Property was changed by an act)
In case of violation, the aggrieved person CANNOT directly move to SC Supreme Court under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move to HC High Court under Article 226.

Right to PROPERTY is LEGAL right because

There is no guaranteed right to compensation in case of acquisition of a private property by the state.
It can be regulated without a constitutional amendment by an ordinary law of the Parliament.
It protects private property against executive action but not against legislative action.
In case of violation, the aggrieved person cannot directly move SC under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move High Court under Article 226.
No guaranteed right to compensation in case of acquisition or requisition of the private property by the state

Right to Vote is a LEGAL right. A lot of controversy arose on the status of Right to Vote, as constitutional or legal right, but all of us settled with UPSC’s interpretation and one of the rulings of SC citing this as a legal right. So, R stands incorrect.

Now, when a legal right is infringed, a person can directly move the HCs, and not ECI or SC, because the constitutional guarantees protection of individuals through writs issued by high court in case of infringement of a legal right.

It is true that Representation of People’s Act also provides for a Right to Vote, but they may be considered qualifications (conditions) on the Right to Vote already granted by the constitution in A326.

The Supreme Court observed in PUCL vs. Union of India (2015), “No doubt, the right to vote is a statutory right but it is equally vital to recollect that this statutory right is the essence of democracy. Without this, democracy will fail to thrive. Therefore, even if the right to vote is statutory, the significance attached with the right is massive.”

FUNDAMENTAL RIGHTS : Articles 12 to 35

Supreme Court has been constituted as the defender and guarantor of the fundamental rights of the citizens.
It has been vested with the ‘original’ and ‘wide’ powers for that purpose.
Original, because an aggrieved citizen can directly go to the Supreme Court, not necessarily by the way of appeal.
Wide, because its power is not restricted to issuing of orders or directions but also writs of all kinds.

Fundamental rights are available against the actions of The State, private individuals and commercial entities to individuals and commercial entities.
FRs are NOT SACROSANCT (Non-volatile) or Not Permanent as can be curtailed or repealed by Parliament.
NOT Absolute but Qualified
Justiciable
FRs can be suspended during operation of National Emergency except of Articles 20 and 21.
The six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e. external emergency) and not on the ground of armed rebellion (i.e., internal emergency).

At present , there are 6 FRs provided by Constitution :

Right to equality ( Article 14 to Article 18 ) : includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. Right to equality extends to reservation policy as it’s guaranteed by the Constitution within Right to Equality provisions.

Right to Freedom ( Article 19 to Article 22 ) :
Right against Exploitation ( Article 23 to Article 24 ) :
Right to freedom of religion ( Article 25 to Article 28 ) :
Cultural and Educational rights(Article 29 - 30) :
Right to property Article 31 is deleted by 44th CAA 1978
Right to Constitutional Remedies Article 32

Article 14 - Right to equality :

Article 15

Article 16 - Equality of opportunity to all citizens in matters of Public Employment or appointment to any office under the state. There are 3 exceptions of this

Parliament can prescribe Residence as Condition for certain Public Employment or appointment to any office.
The state can provide reservation to backward class
A law can provide that Incumbent of an office related to religious institution should belong to that particular religion.

Article 17 : Abolition of untouchability comes under Right to Equality. Protection of the interests of minorities comes under Cultural and Educational Rights.

Article 18: Abolition of titles :

Article 18(1): No title, not being a military or academic distinction, shall be conferred by the State.
Article 18 (2) No citizen of India shall accept any title from any foreign State.
Article 18(3): No person who is not a citizen of India shall, while he holds any of profit or trust under the State, accept without the consent of the President any title from any foreign State.
Article 18(4): No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Titles such as Rai Bahadur, Sawai, Rai Sahab, Zamindar, taluqdar etc were abolished by Article 18.

The Supreme Court held that the freedom of speech and expression includes the following:
(a) Right to propagate one’s views as well as views of others.
(b) Freedom of the press.
(c) Freedom of commercial advertisements.
(d) Right against tapping of telephonic conversation.
(e) Right to telecast, that is, government has no monopoly on electronic media.
(f) Right against bundh called by a political party or organisation.
(g) Right to know about government activities.
(h) Freedom of silence.
(i) Right against imposition of pre-censorship on a newspaper.
(j) Right to demonstration or picketing but not right to strike.

Right to Education is inserted as Article 21A through the Constitution (86th Amendment) Act, 2002. It is inserted under Right to Freedom category.

Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.

Include (a) Untouchability (Article 17)
(b) Traffic in human beings and forced labour (Article 23)

Right against Exploitation —>

- Article 23 is Prohibition of traffic in human beings and forced labour
- Article 24 Prohibition of employment of children in factories and mines

Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay. However, in imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race, caste or class.
Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway. But it does not prohibit their employment in any harmless or innocent work.

Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.”

Foreign citizens’ Rights : They enjoy most rights that Indian citizens do but EXCEPT below

Equality of opportunity in matters of public employment (Article 16). <— NOT for Foreigners
Right of minorities to establish and administer educational institutions (Article 30) <— NOT for Foreigners
Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence and (vi) profession (Article 19). <— NOT for Foreigners

It is the mark of a welfare state that foreign citizens even enjoy the Right to elementary education.
Protection of Life and personal Liberty (Art. 21 ) available to both Indian citizens and Foreigners

Article 22 (Protection Against Arrest and Detention) : Punitive and Preventive Detentions

Article 33 : Application of fundamental rights to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services CAN be restricted or abrogated by the Parliament.

Article 34 : Application of fundamental rights can be restricted while martial law is in force in any area. Martial law means ‘military rule’ imposed under abnormal circumstances to restore order.

Article 35 : Most of the Fundamental Rights are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained.

Rights are correlative with Duties because Rights and duties have an organic relationship. One cannot enjoy a right if others do not obey their duties. you can’t enjoy your Right to a clean environment if others do not perform their duty of protecting and conserving the environment.

the fundamental rights that constitute limitations upon state action (whether legislative or executive). Directive principles are in the nature of instruments of instruction to the government of the day to achieve certain ends by their actions. It guides them, not restricts them.

DPSP by the 42nd Amendment act of 1976 to the Constitution added below four Articles.

Art. 39 — Healthy environment for children

Art. 39A — Equal justice and free legal aid to poor

Art. 43A — Participation of workers in management of Industries

Art. 48A — Protect environments, forests, wildlife

Idea of Secularism find expression in the constitution as

Liberty of belief, faith and worship in the idea of Indian republic as enshrined in the Preamble.
Uniform Civil Code DPSP under Part IV
equality before the law or equal protection of the laws (Art. 14), Non-discrimination against any citizen on the ground of religion(Art. 15), Equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion(Article 25) As Fundamental Rights under Part III
Promote harmony and 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 As Fundamental Duties under Part-IV A .

25th AMENDMENT act 1972 added new article 31C for two provisions.

i. No law which seeks to implement socialist directive principles of Art. 39A and 39B shall be void on contravention of the FR conferred by Art. 14(equality before law) ,19(six rights) and 31(right to Property).

ii. NO law containing a declaration giving effect to such policy shall not be challenged in any court on the ground that it does not effect the such policy.

NOTE : Presently FR enjoy supremacy over DPSP.

Fundamental Duties : Article 51-A

FDs of citizens were added to the Constitution by 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by GOI earlier that year.
Originally 10 in number, the FDs were increased to 11 by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of 6 and 14 years.
The other FDs obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense.
They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.
However, many of these are non-justifiable, without any legal sanction in case of their violation or non-compliance.
There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian Constitution into conformity with these treaties.

The framers of the Constitution made the Directive Principles non- justiciable and legally non-enforceable because:

1. The country did not possess sufficient financial resources to implement them.

2. The presence of vast diversity and backwardness in the country would stand in the way of their implementation.

3. The newly born independent Indian State with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.

The Constitution makers, therefore, taking a pragmatic view, refrained from giving teeth to these principles. They believed more in an awakened public opinion rather than in court procedures as the ultimate sanction for the fulfilment of these principles.

Swaran Singh Committee :

In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975-1977).
The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.
It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.
The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976.
This amendment added a new part, namely, Part IVA to the Constitution.
Swaran Singh Committee suggested the incorporation of 8 Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included 10 Fundamental Duties
Certain recommendations of the Committee were NOT accepted and hence, not incorporated in the Constitution. These include:

Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
Duty to pay taxes should also be a Fundamental Duty of the citizen.

2.Related Cases

In the Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of the

Article 21. Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.

In the ADM Jabalpur case (1976) the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies.

** Below 4 cases deal with the Primacy of Fundamental Rights vis-à-vis Directive Principles or vice versa.

In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between Fundamental Rights and the Directive Principles, the former (FR) would prevail. It declared that the Directive Principles DPSP have to conform to and run as subsidiary to FR Fundamental Rights. (1st amendment act)

in the Golaknath case (1967), the Supreme Court ruled that the Parliament CANNOT take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ (inviolate) in nature. In other words, the Court held that the Fundamental Rights FR cannot be amended for the implementation of DPSP the Directive Principles. (24th amendment act)

In the Kesavananda Bharati case (1973) aka FUNDAMENTAL RIGHTS case, the Supreme Court declared a particular provision (ii) of Article 31C as unconstitutional and invalid on the ground that Judicial Review is a basic feature of the Constitution and hence, cannot be taken away. Hence basic structure of constitution CANNOT be amended by parliament. The same was ruled by SC in Waman Rao case , 1981.

In the Minerva Mills case (1980), the Supreme Court held that “The Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles”.

I R Coelho case – If a law is included in the 9th schedule of the Indian constitution, it can still be examined and confronted in court. Hence Judicial review on laws relating to 9th schedule was open to scrutiny.

S. R. Bommai case v. Union of India

SC discussed at length provisions of Article 356 of the Constitution of India and related issues.
This case had huge impact on Centre-State Relations. Supreme Court has declared that federalism is a basic feature of the Constitution and States are supreme in their sphere.
Judgement attempted to curb blatant misuse of Article 356 of the Constitution, which allowed President's rule to be imposed over state governments.

The SC laid down certain guidelines so as to prevent the misuse of A356 of the constitution.

The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.
Centre should give a warning to the state and a time period of one week to reply.
The court cannot question the advice tendered by the CoMs to President but it can question the material behind satisfaction of President. Hence, Judicial Review will involve three questions only.

a. Is there any material behind the proclamation

b. Is the material relevant

c. Was there any malafide use of power.

If there is improper use of Art. 356 then the court will provide remedy.
Under Article 356(3) it is the limitation on the powers of the President. Hence, the president shall not take any irreversible action until the proclamation is approved by the Parliament i.e. he shall not dissolve the assembly.
Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery

Article 356 shall be used sparingly by the center, otherwise it is likely to destroy the constitutional structure between the center and the states. Even Dr. Ambedkar envisaged it(Art. 356) to remain a 'dead letter' in the constitution.

Vishaka case : In 1997, Supreme Court passed a landmark judgment, laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.

BeruBari case(1960) :

Supreme Court on Section 377 --- Decriminalises the Homosexuality and big relief to LGBTQ community under Najtej Singh Jauher Vs Union of India

3.President and related

Vice-president’s electoral college is different from the Electoral College for the election of the President in the following two respects:

• It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).

• It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).

Election of President :

Every candidate has to make a security deposit of Rs 15,000 (as in 2014) in RBI. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.
The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Since not all lose the deposit and only those who don’t secure enough votes lose their deposits.

All doubts and disputes related with the election of the President or Vice President are inquired into and decided by Supreme Court whose decision is final. If the election of the President or the Vice President is declared void by the Supreme Court, the acts done by him prior to the date of such decision of Supreme Court do NOT become invalid. They continue to be valid.

On the recommendation of the President these bills only need to be introduced in the parliament.

Bill that seek to alter the boundaries of the states and names of the states.
Any bill which affects the taxation in which the states are interested (Article 274).
State Bills which impose restriction upon freedom of trade (Article 304).

Ordinances : Article 123 Power of President to promulgate Ordinances during recess of Parliament

President can promulgate an ordinance only when both the Houses of Parliament are NOT in session OR when either of the two Houses of Parliament is not in session. (In fact promulgated on the advice of the Council of Ministers)

The maximum validity of an ordinance is 6 months and 6 weeks.

It can also be issued when only one House is in session because a law can be passed by both the Houses and not by one House alone.
An ordinance made when both the Houses are in session is Void. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation.
President can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
A constitutional amendment cannot be made through ordinance route.
In Cooper case, (1970), Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. Hence Judicial review that can be undertaken if the Court believes the power was exercised with a malafide intention.
This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately.
An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance –

(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of 6 weeks from the reassembly of Parliament, or, of before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions;

(b) may be withdrawn at any time by the President.

Here the Houses of Parliament are summoned to reassemble on different dates, the period of 6 weeks shall be reckoned from the later of those dates for the purposes of this clause.
If Ordinance makes any provision which Parliament would NOT under this Constitution be competent to enact, it shall be void.
Governor cannot issue an Ordinance without instructions from the President in three cases where the assent of the President would have been required to pass a similar Bill ie

(a) if a Bill containing the same provisions would have required the previous sanction of the President for introduction into the legislature;
(b) if the Governor would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President;
(c) if an Act of the legislature containing the same provisions would have been invalid unless it received the assent of the President.

Four types of VETO are:

Absolute veto, that is, withholding of assent to the bill passed by the legislature. The bill then ends and does not become an act.
Suspensive veto : The President exercises this veto when he returns a bill for reconsideration of the Parliament. However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill. This means that the President veto is overridden by a re-passage of the bill by the same ordinary majority (and not a higher majority as required for Qualified Veto in U.S.A.) The President does not possess this veto in the case of money bills. The President can either give his assent to a money bill or withhold his assent to a money bill but CANNOT RETURN it for the reconsideration of the Parliament. Normally, the President gives his assent to money bill as it is introduced in the Parliament with his previous permission.
Pocket veto, that is, taking no action on the bill passed by the legislature.
Qualified veto, which can be overridden by the legislature with a higher majority.

Note : Of the above four, the President of India is vested with three - absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; it is possessed by the American President.

President’s Judicial Powers

To preserve, protect and defend the constitution and the law of India per Art. 60.
Dismisses the judges if and only if the two Houses pass resolutions to that effect by a two-thirds majority of the members present.
If he considers a question of law or a matter of public importance has arisen, he can also ask for advisory opinion of SC per Art. 143
President can ask the Attorney General to attend the parliamentary proceedings and report to him any unlawful functioning if any Art. 88

President’s Financial powers

A money bill can be introduced in the Parliament only with the President’s recommendation.
The President lays the Annual Financial Statement ( Union BUDGET ) before the Parliament.
The President can take advances out of Contingency Fund of India to meet unforeseen expenses.
He constitutes a Finance commission after every five years to recommend the distribution of taxes between centre and States.

President’s Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of President.
However, in practice, such negotiations are usually carried out by PM along with his Cabinet (especially the Foreign Minister).
Also, such treaties are subject to approval of the Parliament.
The President represents India in international forums and affairs where such a function is chiefly ceremonial.
The President may also send and receive diplomats, i.e. the officers from the Indian Foreign Service.

President’s Pardoning powers

As per Article 72, President is empowered with the powers to grant pardons in the following situations:

Punishment is for an offence against Union Law
Punishment is by a Military Court
Sentence is that of death

The decisions involving pardoning and other rights by President are independent of opinion of PM or the Lok Sabha majority.

In most cases, however, the President exercises his executive powers on the advice of Prime Minister and cabinet.

A similar and parallel power vests in Governors of each State under Article 161.

The Article 72 reads:

The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute the sentence of any persons convicted of any offence-

(a) in all cases where the punishment or sentence is by a court martial;

(b) in all cases where punishment or sentence is for an offence against any law relating to a matter to which executive power of Union extends;

Discretionary powers of the President:

Pocket veto: in this case , the President neither ratifies nor reject nor return the bill, but simply keeps the bill pending for an indefinite period as the time limit within which the President has to take the decision with respect to a bill presented to him for assent, has not been mentioned in the constitution.
Under article 78 President enjoys right to seek information from the PM regarding the administration of affairs of the union.
Under the established convention, the President has right to warn or encourage Council of Minister (CoM) in the exercise of its power.
When no political party or coalition of parties enjoy the majority in Lok Sabha, then President has discretion in inviting the leader of that party or coalition of parties who in his opinion is able to form a stable government.
The President can dissolve Lok Sabha only on the advice of CoM but the advice is binding only if the government is a majority government.
A caretaker government does not enjoy majority in Lok Sabha and hence it is not expected to take major decisions but only to make day-to-day administrative decision. It is for the President to decided the day-to-day decisions.

Oath of President : Before entering upon his office, the President has to make and subscribe to an oath or affirmation in Art. 60 which is administered by Chief Justice of India.

To faithfully execute the office
To preserve, protect and defend the Constitution and the law
Service and well-being of the people of Republic of India.

Oath of Governor is same as above and being administered by Concerned State Chief Justice of HC.

Oath of Vice-President : administered by President

True faith and allegiance to Constitution of India as by law established
Faithfully discharge the duty.

Oath of Union Council of Ministers including PM ( administered by President ) and State CoM including CM ( administered by Governor )

True faith and allegiance to the Constitution of India as by law established
Uphold the sovereignty and integrity of India
Faithfully and conscientiously discharge duties
Right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

They also take Oath of Secrecy.

Oath of Judges of SC (administered by President) & HC (administered by Governor) :

True faith and allegiance to the Constitution of India as by law established
Uphold the sovereignty and integrity of India
Faithfully and to the best of the ability, knowledge and judgement perform the duties of the office without fear or favour, affection or ill-will.
Uphold the Constitution and the laws

Oath of CAG : administered by President

True faith and allegiance to the Constitution of India as by law established
Uphold the sovereignty and integrity of India
Faithfully and to the best of the ability, knowledge and judgement perform the duties of the office without fear or favour, affection or ill-will
Uphold the Constitution and the laws

No confidence motion:

A parliamentary motion which is moved in the Lok Sabha ONLY (Either Legislative Assemblies of states) against the entire council of ministers CoM, stating that they are no longer deemed fit to hold positions of responsibility due to their inadequacy in some respect or their failure to carry out their obligations.
No prior reason needs to be stated for its adoption in the Lok Sabha.
At least 50 MPs would need to stand up and support the move. After the debate, the speaker puts question to the house and ascertains the decision of the house by voice vote or a division.
The Rajya Sabha does NOT have a procedure for moving of an adjournment motion, censure motion or no-confidence motion against the Government.
Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha lays down the procedure for moving a Motion of No-Confidence in the Council of Ministers.
There is no mention of a no-confidence motion in the constitution.

Adjournment Motion :

Art. 56 to discuss on serious and important issue by adjourning the present discussion.
required at least 50 Members of Parliament
normally starts at evening 4 PM
Deemed as criticise to the govt. but there is no problem to govt.

Adjournment Motion is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is NOT permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

Censure Motion -

It is different from a no-confidence motion.
"Censure" is meant to show disapproval and does not result in the resignation of ministers.
The censure motion can be against an individual minister or a group of ministers, but the no-confidence motion is directed against the entire cabinet.
Again, depending on the applicable rules, censure motions may need to state the reasons for the motion while no-confidence motions may not require reasons to be specified.
It can be moved in Lok Sabha and State Assembly It is moved against individual ministers or members.

Calling Attention Motion :

when any member gets attention of RS chairman or LS Speaker as per Art. 197
Neither any discussion nor any voting
No danger to govt

Special Rights Motion :

Privilege Motion : A parliamentarian can move a privilege motion against a Minister or a fellow member if he or she feels their parliamentary privilege of rights and immunities have been breached. Privilege Motion is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister

CUT MOTION for BUDGET : India has mixed provisions of voting on the budget after discussion in both the houses. Parliament being the authority to check the expenditure of the government, it may not approve all demands. Cut motion is a power given to the members of the Lok Sabha to oppose a demand of Grants in the Financial Bill discussed by the government. If a cut motion is adopted by Parliament and the government does not have the numbers, it is obliged to resign as per rules of the Lok Sabha.

Different provisions by which discussion is started to reduce grants, demands etc. are follows.

Token Cut aims that the amount of the Demand be reduced by Rs. 100” in order to ventilate a specific grievance which is within the sphere of the responsibility of the Government of India.
Economy Cut is moved so that the amount of the demand be reduced by a specified amount.
Disapproval of Policy Cut is moved so that the amount of the demand be reduced to Re.1.
Guillotine : Lok Sabha Speaker puts all the outstanding demands made by the Budget Directly Vote in the House. Hence Allowing No discussion on Budget by the House.

“Motion of Thanks”

The President makes an address to a joint sitting of Parliament at the start of the Budget session, which is prepared by the government and lists its achievements. The President’s speech is a statement of the legislative and policy achievements of the government during the preceding year and gives a broad indication of the agenda for the year ahead. The address is followed by a motion of thanks moved in each House by ruling party MPs. During the session, political parties discuss the motion of thanks also suggesting amendments.

Notices of amendments to Motion of Thanks on the President’s Address refer to matters contained in the Address as well as to matters, in the opinion of the member, the Address has failed to mention. Amendments can be moved to the Motion of Thanks in such form as may be considered appropriate by the Speaker.

President’s Address and Motion of Thanks are governed by Articles 86 (1) and 87 (1) of the Constitution and Rules 16 to 24 of the Rules of Procedure and Conduct of Business in Lok Sabha.

‘Motion of Thanks’.

The first session after each general election and the first session of every fiscal year is addressed by the president.
the president outlines the policies and programmes of the government in the preceding year and ensuing year.

• This address of the president is called the ‘Motion of Thanks’. At the end of the discussion, the motion is put to vote.

• This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.

• This inaugural speech of the president is an occasion available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures.

=====> All resolutions come in the category of substantive motions, that is to say, every resolution is a particular type of motion. All motions need not necessarily be substantive. Further, all motions are NOT necessarily put to vote of the House, whereas all the resolutions are required to be voted upon.

Voting and Divisions in LS House is governed by Article 100 are :

(i) Voice Vote : It is a simple method for deciding a question put by the Chair on a motion made by a Member. Under this method, the question before the House is determined by the `Ayes' or the `Noes', as the case may be.
(ii) Division: There are three methods of holding a Division, i.e.

(a) by operating the Automatic Vote Recording Equipment;
(b) by distributing `Ayes' and `Noes' slips in the House;
(c) by Members going into the Lobbies.

(iii) Secret Ballot: During an 'open' voting period, the individual results are shown by 3 Colours on the Individual Result Display Panel.

Green for ‘Ayes’,
Red for ‘Noes’ and
Yellow for ‘Abstain’ .

(iv) Casting Vote: If in a Division the number of `Ayes' and `Noes' is equal, the question is decided by the casting vote of the Chair. Under the Constitution, the Speaker or the person acting as such cannot vote in a Division; he/she has only a casting vote which he/she must exercise in the case of equality of votes.

There is NO Concept of PROXY Vote in Indian constitution.

President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.

Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state. This mutual delegation of administrative functions may be conditional or unconditional.

The Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president.

In India, the prime minister may be a member of any of the two Houses of Parliament. Even a non-member can become the PM provided he becomes the member within six months of entering office.

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At present, there are six Parliamentary forums

Parliamentary Forum on Water Conservation and Management (2005)
Parliamentary Forum on Youth (2006)
Parliamentary Forum on Children (2006)
Parliamentary Forum on Population and Public Health (2006)
Parliamentary Forum on Global Warming and Climate Change (2008)
Parliamentary Forum on Disaster Management (2011)

Speaker of Lok Sabha is the President of all the Forums except Parliamentary Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the President and the Speaker is the Co-President. The Deputy Chairman of Rajya Sabha, the Deputy Speaker of Lok Sabha, the concerned Ministers and the Chairmen of Departmentally Related Standing Committees are the ex officio Vice Presidents of the respective Forums.

Financial bills are of 3 kinds

Money bills—Article 110
Financial bills (I)—Article 117 (1)
Financial bills (II)—Article 117 (3)

In two respects, a financial bill (I) is similar to a money bill—

(a) both of them can be introduced only in the Lok Sabha and not in theRajya Sabha,

(b) both of them can be introduced only on the recommendation of the president.

A financial bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110. It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill. The only special feature of this bill is that it cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill. HENCE Financial bill under Article 117(3) can also be introduced by Rajya sabha.

4.PARLIAMENT*

LS seats - 552 maximum (currently 545 including 2 Anglo-Indian)

RS Seats - 245 maximum (including 12 nominated)

in UP

LS seats - 80

RS seats - 31

MLA seats - 404 maximum ( Including 1 Anglo-Indian) in which 86 are reserved for SC (nothing for ST)

MLC seats - 100 maximum (currently 98 and other 2 are vacant)

A Hindi translation of Constitution was made in the year 1950 and was signed by members of Constituent Assembly. The 58th Constitutional Amendment Act of 1987 inserted Article 394-A titled as Authoritative text in Hindi language in ‘Part XXII’ of the Constitution.

1) The President shall cause to be published under his authority :

(a) The translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such

modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language and incorporating all the amendments of this Constitution made before such publication; and

(b) The translation in the Hindi language of every amendment of this Constitution made in the English language.

(2) The translation of the Constitution and its every amendment published shall be construed to have the same meaning as the original text in the English language.

By convention, Parliament meets for 3 sessions in a year: the Budget session which is held towards the beginning of the year, a 3-week Monsoon session (July - August) and Winter session (November-December). The Constitution does not specifically say that when or for how many days should the Parliament meet. Article 85 of the constitution only requires that there should not be a gap of more than 6 months between two parliamentary sessions. The same applies to state legislatures.

RS differs to LS as

Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha:

• It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249).

• It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312).

There is NO reservation of seats for SC and ST in Rajya Sabha. Additionally the candidate contesting for Seat in Rajya Sabha need NOT be from same state.

POWERs of Parliament :

Parliament may make provision with respect to all matters relating to elections to the Parliament and the state legislatures including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing their due The state legislatures can also make provision with respect to all matters relating to elections to the state legislatures including the preparation of electoral rolls and all other matters necessary for securing their due constitution. But, they can make provision for only those matters which are not covered by the Parliament.
The super-intendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission. It consists of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court. The state legislature may make provision with respect to all matters relating to elections to the panchayats and Municipalities.

As per LS rules of procedure and definitions, “Leader of the House” means the Prime Minister, if Prime Minister is a member of the House, or a Minister who is a member of the House and is nominated by the Prime Minister to function as the Leader of the House.

In whichever case, the leader will belong to the largest party/coalition of the house.

Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with that of the Lok Sabha. Other differences are :

Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha ).

Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion because the Council of ministers is collectively responsible only to the Lok Sabha.

When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including the ministers of Rajya Sabha.
Alternatively, the council of ministers CoM can advise the president to dissolve the Lok Sabha on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections. The President may not oblige the council of ministers that has lost the confidence of the Lok Sabha.
The principle of collective responsibility of CoM also means that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting.
The power of LS House to dismiss the government is fictional rather than real.

Dissolution of LOK SABHA :

In 1971, the Supreme Court held that even after the dissolution of the Lok Sabha, Council of Ministers (CoM) does not immediately cease to hold office and the President continues to work as per the aid and advice of previous (CoM) until a new CoM is constituted.

Article 74 is mandatory and, therefore, the president CANNOT exercise the executive power without the aid and advise of the council of ministers. Any exercise of executive power of President without the aid and advice of CoM will be unconstitutional as being violative of Article 74.

Such an advice is binding on President as it does under normal circumstances. They enjoy this power until new CoM is appointed after fresh elections. But when Lok Sabha is dissolved & the CoM loses its Confidence too, (though CoM continue to hold the office until new CoM) then the advice rendered by them to President is not binding.

UTs representation in LS & RS :

The Constitution has empowered Parliament to prescribe the manner of choosing the representatives of the union territories in Lok Sabha.

Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.

The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. This election is also held in accordance with the system of proportional representation by means of the single transferable vote.

Out of the seven union territories, only two (Delhi and Puducherry) have representation in Rajya Sabha. The populations of other five union territories are too small to have any representative in the Rajya Sabha.

At the time of adopting the constitution, there was only one union territory of Andaman and Nicobar islands.

Speaker of LS :

He does not vote in the first instance. But he can exercise a casting vote in the case of a tie. In other words, only when the House is divided equally on any question, the Speaker is entitled to vote. Such vote is called casting vote, and its purpose is to resolve a deadlock.
The Speaker of the Lok Sabha derives his powers and duties from three sources.

i. the Constitution of India,

ii. the Rules of Procedure and Conduct of Business of Lok Sabha,

iii. Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules).

POWERS

He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard.
He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House.
He adjourns the House or suspends the meeting in absence of a quorum. The quorum to constitute a meeting of the House is one-tenth of the total strength of the House including (presiding officer)
LS Speaker presides over a joint setting of two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.

Lok Sabha Speaker and Rajya Sabha Chairman

The speaker decides a bill to as Money bill and his decision is Final. The chairman does not enjoy this.
The Speaker presides over the joint sitting of the two houses.
Unlike the Speaker who is member of House, Chairman is not the member of the house.
Like the Speaker , Chairman cannot vote in first instance but in case of equality, Chairman can also caste his vote.

Deputy speaker whenever appointed as member of parliamentary committee , becomes it’s chairman automatically.

Deputy chairman is elected among its members.

Adjournment & Prorogation

Adjournment only terminates a sitting and not a session of the House. Prorogation not only terminates a sitting but also a session of the House.
Adjournment is done by presiding officer of the House; whereas Prorogation is done by the president of India.
Adjournment does not affect the bills or any other business pending before the House; whereas Prorogation also does not affect the bills or any other business pending before the House.
However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.

POINT OF ORDER : A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure.

A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker.

It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House. No debate is allowed on a point of order.

Speaker Pro Tem (Protem)

As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro tem. Usually, the senior most member is selected for this.
The Speaker Pro tem has all the powers of the Speaker. She presides over the first sitting of the newly elected Lok Sabha.
Her main duty is to administer oath to the new members. He also enables the House to elect the new Speaker.
When the new Speaker is elected by the House, the office of the Speaker Pro tem ceases to exist. Hence, this office is a temporary office, existing for a few days.

Leader of House and Opposition

Leader of both the houses are appointed by PM. it is mentioned in ‘rules of the houses’.

Leader of Opposition in both the houses are accorded statutory recognition since 1977 and entitled to salary, allowances and other facilities as equivalent to Cabinet Ministers. It is mentioned in ‘Parliamentary Statute’.

CABINET :

The Word ‘CABINET’ was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act.
However, Article 352 only defines the cabinet saying that it is ‘the council consisting of the prime minister and other ministers of cabinet rank appointed under Article 75 and DOES NOT describe its powers and functions.

Its role in our politico-administrative system is based on the conventions of parliamentary government as developed in Britain.

But, it is not an informal body because it finds mention in official gazette publications and is the highest decision-making body of the country.

Amendments in Indian Constitution

The power to amend the Constitution is mentioned under Article 368 of the Indian Constitution is given to the Parliament. The Important Amendments in Indian Constitution can be made in two ways –

SIMPLE MAJORITY — This refers to the majority of more than 50% of the members present and voting.

This is also known as functional majority or working majority. The simple majority is the most frequently used form of majority in Parliamentary business. When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting.
To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.
Ordinary bills need to be passed with a simple majority in both Houses before it is sent to Indian President for his assent.

Cases where the simple majority is used:

To pass Ordinary/Money/Financial bills.
To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
For the removal of Vice President majority required in Lok Sabha is simple majority – A67(b).
To declare a financial emergency.
To declare state emergency (—President’s rule).
Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures
Constitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.

States: Admission or establishment of new states; Formation of new states and alteration of areas, boundaries or names of existing states; Abolition or creation of legislative councils in states, Abolition or Creation of Second Chamber of Legislature for a State
Administration of the Scheduled Areas. Creation of Legislature and Council of Ministers for Union Territories
Privileges and Parliament: Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc; Quorum in Parliament; Salaries and allowances of the members of Parliament; Rules of procedure in Parliament; Privileges of the Parliament, its members and its committees; Use of English language in Parliament.
Supreme Court: Number of puisne judges in the Supreme Court; Conferment of more jurisdiction on the Supreme Court.
Use of official language.
Citizenship — acquisition and termination

SPECIAL MAJORITY — In Special Majority, the majority of the total membership of the House and the 2/3rd majority of the members present & voting has to pass the bill. However, it also needs to be passed by more than half the States of India. Below provisions which can be amended by special majority.

(i) Fundamental Rights;

(ii) Directive Principles of State Policy;

(iii) All other provisions which are not covered by simple and special majority with consent of states.
—> procedure for the amendment of the Constitution as laid down in Article 368 must be passed in each House by a special majority.
—> Impeachment of President , Regarding the manner of election of the President

—> The formation of NEW states

—> Representation of States and UTs in Parliament

—> The addition or deletion of a language from the 8th schedule of constitution requires constitutional Amendment by SPECIAL Majority.

ABSOLUTE MAJORITY -

A majority of total members of the House. e.g A resolution needs to be passed with Absolute majority to remove the Speaker of LOK SABHA.
It refers to a majority of more than 50% of the total membership of the house. For example, as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, ie. 273.
Cases, where the absolute majority is used :

In the normal business of the Parliament or State Legislature absolute majority, is not generally used.
But this majority is used during the general election, for the formation of government at Center and States.

Effective Majority

Effective Majority of the house means more than 50% of the effective strength of the house.
This implies that out of the total strength, we deduct the vacant seats. When Indian Constitution mentions “all the then members”, that refers to the effective majority.
For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101.
Cases where the effective majority is used:

Removal of Vice-president in RS – Article 67(b)
Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly

Council of ministers

It consists of 3 categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.

The ministers of state can either be given independent charge of ministries/departments or can be attached to cabinet ministers. In case of attachment, they may either be given the charge of departments of the ministries headed by the cabinet ministers or allotted specific items of work related to the ministries headed by cabinet ministers. In both the cases, they work under the supervision and guidance as well as under the overall charge and responsibility of the cabinet ministers. In case of independent charge, they perform the same functions and exercise the same powers in relation to their ministries/departments as cabinet ministers do. However, they are NOT members of the cabinet and do NOT attend the cabinet meetings unless specially invited when something related to their ministries/departments are considered by the cabinet
Next in rank are the deputy ministers. They are NOT given independent charge of ministries/departments. They are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties. They are NOT members of the cabinet and do NOT attend cabinet meetings
There is one more category of ministers, called parliamentary secretaries. They are the members of the last category of the council of ministers (which is also known as the ‘ministry’). They have NO department under their control. They are attached to the senior ministers and assist them in the discharge of their parliamentary duties. However, since 1967, no parliamentary secretaries have been appointed except during the first phase of Rajiv Gandhi Government.

Seating in LS and RS

In the Rajya Sabha, the first seat on right of the Chair is for Leader of the House and second seat is for the Prime Minister.
The first seat on left of the Chair is the Deputy Speaker or Deputy Chairman, and second seat is for the Leader of Opposition.

——> Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker

——> Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses. Their recruitment and service conditions are regulated by Parliament. The secretariat of each House is headed by a secretary-general. He is a permanent officer and is appointed by the presiding officer of the House. The recruitment of Secretary General of Rajya Sabha is regulated by Parliament, but appointment by presiding officer.

“Full Faith and Credit” clause under the Constitution given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state.

Final judgements and orders of civil courts in any part of India are capable of execution anywhere within India (without the necessity of a fresh suit upon the judgement). The rule applies only to civil judgements and not to criminal judgements. It does not require the courts of a state to enforce the penal laws of another state.

Constitution deals with the electoral system under Article 324 to 329 of Part XV

Cabinet Committees in India

They are extra-constitutional in emergence. In other words, they are not mentioned in the Constitution. However, the Rules of Business provide for their establishment.
They not only sort out issues and formulate proposals for the consideration of the Cabinet, but also take decisions. However, the Cabinet can review their decisions.
They are an organisational device to reduce the enormous workload of the Cabinet. They also facilitate in-depth examination of policy issues and effective coordination.
They usually include only Cabinet Ministers. However, the non-cabinet Ministers are not debarred from their membership.
They not only include the Ministers in charge of subjects covered by them but also include other senior Ministers.
They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature, and composition varies from time to time.They are mostly headed by the Prime Minister.
Some times other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman. But, in case the Prime Minister is a member of a committee, he invariably presides over it.
These four are the more important cabinet committees.

Parliamentary Affairs Committee looks after the progress of government business in the Parliament. It is headed by HOME MINISTER.
Political Affairs Committee deals with all policy matters pertaining to domestic and foreign affairs. (chaired by the PM)
Economic Affairs Committee directs and coordinates the governmental activities in the economic sphere. (chaired by the PM)
Appointments Committee decides all higher level appointments in Central Secretariat, Public Enterprises, Banks and Financial Institutions. (chaired by the PM)

PARLIAMENTARY COMMITTEES : There are two types of Parliamentary Committee, Standing Committee and Ad hoc Committee.

Parliamentary standing committees :

Supervise the work of various departments and their budget, their expenditure and bills that come up in the house relating to the department.

It is a permanent and regular committee which is constituted from time to time according to provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.

The work done by Indian Parliament is not only voluminous (large) but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees. Public Accounts Committee is an example of Standing Committee

Members of the Standing committees are selected from both Houses, except for Estimates Committee where all the members are from Lok Sabha Only.

Public Accounts Committee (PAC) setup first in 1921 under provisions of GOI Act 1919 and has since been in existence.

At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha).
The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.
A minister cannot be elected as a member of the committee.
The chairman of the committee is appointed by the Speaker of LS from amongst its members.
Recommendations of PAC is Advisory but not binding on the ministries.
It is not an executive body hence can't issue an order.
The function of the committee is to examine the annual audit reports of CAG, which are laid before the Parliament by the president.

Estimates Committee :

It's origin from standing financial committee formed in 1921.
The 1st Estimate committee in post Independence era is formed in 1950 on recommendation on John Mithai (Then Finance Minister)
In 1956, The number of members are increased from 25 to 30 (all from LOK Sabha Only)
Rajya Sabha has NO representation in this.
elected every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.
The term of office is 1 Year.
A minister cannot be elected as a member of the committee.
The chairman of the committee is appointed by the Speaker of LS from amongst its members and he is Invariably from the Ruling Party.
The function of committee : to examine the estimates included in BUDGET (only after voted by parliament & not before that) and suggest economies in Public expenditure.
It is described as Continuous Economy Committee.
Recommendations are Advisory but not binding on the ministries.
It lacks Expert assistance of CAG which is available to PAC.

Committees on Public Undertakings :

was created in 1964 on the recommendations of Krishna Menon Committee.
In 1974 , Number of Members are increased from 15 to 22 Members (15 from LS and 7 from RS)
Members are elected every year from amongst its members according to the principle of proportional representation by means of the single transferable vote with term of office is 1 Year.
A minister cannot be elected as a member of the committee.
The chairman of the committee is appointed by the Speaker of LS from amongst its members who are drawn from Loksabha only. Hence Members of RS can't be appointed as chairman.
Functions are to examine :

reports and accounts of Public Undertakings
reports of CAG on Public Undertakings
Business principles and practices of Public Undertakings
Functions of PAC and estimates in relation to Public Undertakings

It can't take more than 10 - 12 Public Undertakings in a year
Does not look of technical matter
Recommendations are Advisory but not binding on the ministries.

DRSCs

On the recommendation of the Rules Committee of the Lok Sabha, 17 Departmentally - Related Standing Committees (DRSCs) were set up in the Parliament in 1993. In 2004, seven more such committees were setup, thus increasing their number from 17 to 24. Out of the 24 standing committees, 8 work under the Rajya Sabha and 16 under the Lok Sabha.
The main objective of the standing committees is to secure more accountability of the Executive (i.e., the Council of Ministers) to the Parliament, particularly financial accountability.
They also assist the Parliament in debating the budget more effectively. The 24 standing committees cover under their jurisdiction all the ministries/departments of the Central Government.
Each standing committee consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha). The members of the Lok Sabha are nominated by the Speaker from amongst its own members, just as the members of the Rajya Sabha are nominated by the Chairman from amongst its members.

24 (8 for RS , 16 for LS) DRSCs ——> each DRSC consists of 31 Members (10 from RS, 21 from LS)

JPC Joint Parliamentary Committees

an ad-hoc body set up for a specific object and duration by a motion passed in one house of Parliament and agreed to by the other.
The details regarding membership and subjects are also decided by Parliament.
The mandate of a JPC depends on motion constituting it. This need not be limited to the scrutiny of government finances.
JPC recommendations have persuasive(compelling, forceful) value but the committee cannot force the government to take any action on the basis of its report.
The government may decide to launch fresh investigations on the basis of a JPC report.
However, the discretion to do so rests entirely with the government.
The government is required to report on the follow-up action taken on the basis of the recommendations of the JPC and other committees.
e.g. The motion to constitute a JPC on the stock market scam (2001) was moved by the government in the Lok Sabha. The motion constituted a JPC of 30 members of which 20 were from the Lok Sabha and 10 were from the Rajya Sabha.

Committees to Inquire

Committees on Petitions

In LS - 15 Members
In RS - 10 Members
examines petitions on bills
entertains matters of Union subjects

Committees on Privilege :

Semi-judicial functions
cases of breach of Privilege of the house & recommends actions
In LS - 15 Members
In RS - 10 Members

Ethics Committee :

Constituted in RS - 1997 , in LS - 2000
enforce Code of Conduct of MPs
Examines cases of misconduct and recommends appropriate actions
Maintains discipline and decorum in Parliament

7th Schedule have 3 lists for legislative section.

State List :

Union List :

Concurrent List : Chit Fund, Marriages

Women’s Reservation Bill — The Constitution (108th Amendment) Bill, 2008 seeks to reserve one-third of all seats for women in the Lok Sabha and the state legislative assemblies. The allocation of reserved seats shall be determined by such authority as prescribed by Parliament.

Indian Constitution has adopted a system of Checks and Balance for smooth functioning of 3 organs( Executive, Legislative, Judiciary) of the government. The instruments of parliamentary control over the executive are :

No Confidence Motion
Both Zero Hour (free to raise any matter) and Half-an-hour(on matters of public importance, adjournment motion etc.) discussion
Comptroller and Auditor General
Public Accounts Committee

UT UNION Territories

Also known as Centrally Administered Territories because they are under Direct Control and Administration of Central Govt.
During the British Rule, the certain areas that were constituted as ‘Scheduled Districts’, later as ‘Chief Commissioners Provinces’, and after independence placed in the category of Part C and Part D states, and later in 1956 constituted as Union Territories by 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956).
HP, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa, which are states today were formerly UTs.
President specifies designation of an administrator as LG (Del, Pond, A&N Islands) , Chief Cor, administrator (Chd, D&N Haveli, D&D, Lkdp)
An administrator of UT is an agent of the President & Not head of UT like governor.
President can appoint governor of a state as the administrator of adjoining UT.
UT of Puducherry( in 1963 ) and Delhi ( in 1992 ) are provided with Legislative Assembly and CoM headed by CM.
Remaining 5 UTs do not have such LA and CoM.
The Parliament can make laws on any subject of the 3 list (including State List ) for UTs also Applicable on Del, Pud

However Legislative Assembly of Puducherry can also make Laws on any subject of state list and concurrent list. Similarly the Legislative Assembly of Delhi can make laws on any subject of the state list ( except public order, police and land ) and the concurrent list.

LG of Delhi

enjoys greater powers than the LG of Puducherry.
has “Executive Functions” that allow him to exercise his powers in matters connected to public order, police and land “in consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution.
According to Article 244, the President has powers to make regulations for a UT unless there is a legislature for that State.
Even if there is a legislature, the Administrator can reserve it for the assent of President, who might reject it, except a money bill.
The Governor appoints the CM in States BUT the President appoints the CM and Ministers for UTs , who will hold office during the President’s pleasure.

5.Governor of State

Art. 153 to 167 in Part VI deals with state executive which consists of Governor, CM, CoM & advocate general of state.
Governor acts like as an AGENT to Central Govt. hence Governor’s office has dual role. He is Constitutional Head of the state and Representative of the Centre.
7th Const amendment act,1956 provide same person to act as Governor of two or more states.
Two qualification for Governor : Citizen of India and 35 Yrs age
Governor is generally outsider and does not belong to the state in which he holds the office. This is a convention not constitutional requirement. Its objective is to keep governor free from local politics. Since it’s not an eligibility condition, a person can be appointed as Governor in home state if the president {centre} wants to do so.
CM’s consultation is Not required by President in appointing Governor.
His salary, allowances and privileges are defined by parliamentary law in Governors (Emoluments, Allowances and Privileges) Act, 1982.
Salary and Allowances of the Governor are charged expenditures from Consolidated Fund of the State.
A Governor enjoys personal immunity from legal liabilities for his official acts.
When he is in office, he is immune from criminal proceedings even in respect of the personal acts.
He cannot be arrested or imprisoned.
Civil proceedings against him can be launched against him during his term for his personal acts only after giving two months notice.
He takes oath of office same as the three of president and would be administered by Chief justice of HC.
It should be also noted that the article also mentions tenure of Governor. In this regard it says that Governor shall hold office for the term of 5 years from date he enters upon his office.
Governor have office for 5 Yrs of term and have no security of tenure and have no fixed term of office as he holds the office on pleasure of President without mentioning any grounds of removal of governor.
Chief justice of HC may be appointed temporarily to discharge the functions of Governor.
Governor has Executive, Legislative, Judicial, Financial powers.
Governor does NOT have Diplomatic, Military or Emergency powers.
Executive Powers

He appoints State election commissioner which can be removed on same grounds of as judge of the HC.
He appoints chairman and Members of SPSC which can be removed Only by President , Not by A Governor.
He can recommend the imposition of constitutional emergency to the President.
He acts as chancellor of universities in the state and appoints vice-chancellor in the Universities.

Legislative

He decides on the question of disqualification of members of the state legislature in consultation with the EC.
He can reserve the bill for consideration of President which are against to provisions of Const , DPSP, interest of country, national importance,
He can promulgate the ordinance when state legislature is in not function.
He lays the reports of State FC, SPSC, CAG of state before the state legislature.

Financial He constitutes the FC to review financial position of the panchayats and Municipalities.

Discretionary powers of the Governor

Reservation of Money bill
Recommend to President’s Rule
functions of Admin in UTs
Seek the info from CM regarding legislative and administrative matters of state

Immunities to Governor :

He enjoys personal immunity from legal liability for his official acts.
During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
He CANNOT be arrested or imprisoned. However, after giving 2 months’ notice, CIVIL PROCEEDINGS can be instituted against him during his term of office in respect of his personal acts.

‘Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly’ is a situational discretion of the Governor of the concerned state.

	PRESIDENT	GOVERNOR
ORDINARY BILL	After passed by Parliament, He can either give his assent, can withhold his assent or return it for reconsideration.	After passed by state legislature, He can either give his assent, can withhold his assent or return it for reconsideration. He may reserve the bill for consideration of President.
State Bill	When it is reserve for consideration for President. He can either give his assent or can withhold his assent or return it for reconsideration. When it is returned to House of state legislature, House have to reconsider it within 6 months. If the bill is passed by the house again with or without amendments, President can give his assent or withhold his assent this time.	When the bill is reserved for consideration for President , the Governor will not have any role further in the enactment of the bill.
MONEY BILL	President cannot return money bill and gives his assent.	Governor cannot return money bill and gives his assent or reserve the money bill for consideration of President.
Reserved Money Bill	When it is reserved for consideration of President. He can either give his assent or can withhold his assent but He CANNOT return the money bill for reconsideration of the house of State legislature.	When the bill is reserved for consideration for President , the Governor will not have any role further in the enactment of the bill.

Ordinance Making Power	Ordinance power is not his Discretionary Power, means He CANNOT promulgate or withdraw it only on advice of CoM headed by PM. He needs no instructions in making an ordinance.	Ordinance power is not his Discretionary Power, means He CANNOT promulgate or withdraw it only on advice of CoM headed by CM. He CANNOT make ordinance without instructions from President in some cases.
Pardoning Power	He can pardon, Reprieve, Remit, Respite, suspend or commute the Death Sentence. HE is ONLY PERSON to PARDON the Death Sentence. He can pardon, Reprieve, Remit, Respite, suspend or commute in Court Martial (of Military Court).	He CANNOT pardon the Death Sentence even State law has prescribed it. But Governor can Remit, suspend or commute the Death Sentence. Governor does NOT have power in court martial.

Reprieve - postpone the punishment

Remit - Leave , exempt

Respite - giving a shot relief

Commute - maintain

National flag shall be half-masted at the places indicated against each on the day of the death of the dignitary.

It is only for the President, Vice-President and PM that it is flow at half-mast all over India.

For the Speaker of the Lok Sabha and the Chief Justice of India, it is flown in Delhi and for a Union Cabinet Minister it is flown in Delhi and the state capitals, from where he or she came.

For a Minister of State, it is flown only in Delhi.

For a Governor, Lt. Governor, or Chief Minister of a state or union territory, it is flown in the concerned state.

However, in the event of Late Jayalalitha’s death, it was flown at half-mast in the capitals of all states and union territories in India.

6.State Council of Ministers

Art. 163 to 167 deal with CM and CoMs in state.
Any matters whether falls within Governor’s discretion or not, Decision of Governor shall be final and No question shall be called for his discretion.
The advice tendered by CoM to Governor shall NOT be inquired into any court.
The Minister for Tribal welfare shall be appointed by Governor in 4 states CH, JH ,MP ,OD (Bihar was excluded by 94th Amend of 2006)
CoM shall not exceed 15% of total strength of LA and shall not be less than 12 including CM (same as parliament by 91st Amend of 2003)
The Minister shall hold the office during the pleasure of Governor.
Governor shall make rules for the more convenient transaction of business of the govt in the state.
Minister shall not be entitled to vote.
A minister has right to Speak and take part in proceedings in other house but He can vote Only in his house.

State Legislature

Art. 168 to 212 in Part VI deal with State legislature.
Only 7 States have two houses (bicameral) - UP, Bihar, J&K, Maharashtra, Telangana, Andhra Pradesh, Karnataka.
Parliament can abolish or create Legislative Council(LC) for any state if Legislative assembly pass a resolution in that affect with Special Majority. However in the case, the act of parliament should be passed as Ordinary legislation and not amendment in Constitution.
Maximum 500 and Minimum 50 is fixed for legislative assembly of state. However in legislative assembly of

Arunachal Pradesh, Goa, Sikkim have 30 seats
Mizoram have 40 seats
Nagaland have 46 seats

Some members of Sikkim and Nagaland are elected Indirectly.
Governor can nominate 1 member from Anglo-Indian community if not represented in legislative assembly. The provision is extended till 2020 by 95th amendment act 2009.
Demarcation of territorial constituencies in such way that ratio between population of each constituencies and number of seats allotted to it remain same throughout the state. Total number of seats and division of constituencies are done after each census.
Reservation of SC and ST in state assembly is extended till 2020 by 95th amendment act of 2009.
The maximum number of Legislative council is fixed at one third of legislative assembly and minimum is 40.
Election of members in LC by system of proportional representation by means of single transferrable vote.

1/3 by local bodies
1/3 by MLA
1/12 by graduates of 3 Yrs
1/12 by teachers of 3 Yrs
Remaining 1/6 are nominated by Governor from persons who have special/practical knowledge in science, art, literature, co-op, social service.

1/3 + 1/3 + 1/12 +1/12 + 1/6 = 1

Age for MLA - 25 Yrs and Age for MLC - 30 Yrs.
Oath for member of State Legislature

True faith and allegiance to the Constitution of India as by law established
Uphold the sovereignty and integrity of India
Faithfully discharge the duty of his office

The member of State Legislature must posses other qualifications laid by parliament in RPA,1951.

A person to be elected as MLC, must be an elector for an assembly constituency in the concerned state and to be nominated by Governor must be resident of concerned state.
A person to be elected as MLA, must be an elector for an assembly constituency in the concerned state

Detention of a person under Preventive Detention law is NOT a Disqualification.
Governor’s decision will be final regarding disqualification of the members after obtaining opinion of EC.
Seat of member in the any of houses can be declared as vacant if he is absent from all it’s meeting for a period of 60 days without permission.
Constitution has declared the official language of state or Hindi or English as transacting business in state legislature.
Unlike to parliament, Constitution does NOT provide joint Sitting of both houses of state legislature to resolve disagreement over a bill.
For ordinary bill, LC can delay for maximum of four months i.e. 3 months in first instance and 1 month in second instance. However in case of deadlock second time passing of bill by LA if either rejected or pending by LC, it is considered to passed by both the houses.
Unlike RS, Legislative assembly enjoys less powers. If a bill passed by LC, is rejected by LA, the bill ends and becomes to dead.
Governor enjoys Only Suspensive Veto unlike President who enjoys Pocket,Absolute and Suspensive.
Unlike Legislative assembly,

Legislative Council does NOT participate in election of President and Members of RS.

LC has weaker position with LA in compare to RS with LS. Hence Legislative Council is described as secondary chamber , costly ornamental luxury, White Elephant.
The courts are prohibited to inquire into the proceeding of o House or its committees.
Any Member of State Legislature cannot be arrested during session and 40 days before beginning and 40 days after the end of such session in Civil matters But Not in criminal matters or Preventive detention. They also can refuse to give evidence and appear as witness in a court when State Legislature is in the session.

Preventive detention

An imprisonment that is putatively justified for non-punitive purposes. A related, but different form of detention, is detention of suspects or remand.
In other words, The imprisonment of a person with the aim of preventing them from committing further offences or of maintaining public order.
Government can detain a person arrested under a law of Preventive Detention for not more than 3 months.
If it seeks detain more than 3 months, it should obtain a report from Advisory Board consisting of persons eligible to be appointed as a High Court Judge.

Gram Sabha and Gram Panchayat

Only adult villagers who have the right to vote can be member of Gram Sabha.
Persons below 18 years of age can't become members.
Gram Sabha plays a supervisory and monitoring role over Gram Panchayat by approving it plan of work.
Gram Sabha form committees like construction, animal husbandry, etc to carry out some specific tasks.
The Gram Panchayat has a Secretary who is also the Secretary of the Gram Sabha. This person is not an elected person but is appointed by the government.
The Secretary is responsible for calling the meeting of the Gram Sabha and Gram Panchayat and keeping a record of the proceedings.

7.LOCAL Government

Panchayati Raj

Balwant Rai Mehta Committee

(appointed in 1957 by GOI to examine CDP1 1952 , NES 1953 & suggestions for them) led to establish of ‘Demo Decentralisation’

The establishment of a three-tier Panchayati Raj system which are linked through indirect elections in which

Gram Panchayat —> Directly elected Representatives,
Panchayat Samiti and Zila Parishad —> Indirectly elected members
Panchayat Samiti as Executive Body ,
Zila Parishad as Advisory, Supervisory, Coordinating body with Dist Collector as Chairman.

for all states having a population of over 2 million,
hold Panchayat elections regularly every five years,
to provide seats reserved for SC, ST and women;
to appoint a State Finance Commission SFC to make recommendations regarding the financial powers of the Panchayats
to constitute a District Planning Committee DPC to prepare a development plan draft for the district.

First adopted by Rajasthan in Nagaur district on 2nd Oct 1959 in presence of PM Nehru. Second state was Andhra Pradesh, while Maharashtra was the Ninth state.

Though most of the states had adopted the Panchayati Raj by mid 1960 but still there were a lot of dissimilarities in execution of it among the states.

Mahatma Gandhi advocated Panchayati Raj as the foundation of India's political system.

73rd Constitutional Amendment Act

In 1992 under govt. of PV Narsimha rao, 73rd constitutional amendment Act was Introduced to Indian Constitution & added new part - IX entitled ‘The Panchayats’ with Articles 243 to 243 O. In addition new schedule contains 29 functional items of Panchayat added as Eleventh Schedule which deals with Art. 243 G.
Art. 40( part of DPSP ) reshaped and says “the state shall take steps to organise Gram Panchayats and make them to functions as units of self governance.
The act gives PRI as Constitutional status and brought them under Justiciable Part.
In this system, gram panchayats are the basic units of local administration.
The system has three levels:

Gram Panchayat (village level),
Mandal Parishad or Block Samiti or Panchayat Samiti (block level),
Zila Parishad (district level).

The Panchayats receive funds from three sources:

Local body grants, as recommended by the Central Finance Commission (CFC)
Funds for implementation of centrally sponsored schemes
Funds released by the state governments on the recommendations of the State Finance Commissions (SFC)

The provisions of act in two categories

Compulsory(Mandatory or Obligatory) have to be included in State laws creating new PRI.

Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all three levels.
Reservation of one-third seats (both members and chairpersons) for women in panchayats at all three levels.
Fixing tenure of 5 years for panchayats at all levels and holding fresh elections within six months in the event of suppression of any panchayat.

Voluntary provides states to take local factors while creating PRI.

Giving representation to MP (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.
Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.
Granting powers and authority to the panchayats to enable them to function as institutions of self-government.

It transfers representative democracy into participative democracy.
Currently, the Panchayati Raj system exists in all states except Nagaland, Meghalaya, and Mizoram, & in all UT except Delhi.

It also not applicable in certain other areas including scheduled and tribal areas as below

scheduled areas and the tribal areas in the states
hill area of Manipur for which a district council exists
Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.

Arunachal Pradesh Assembly has recently passed a bill to do away with the Anchal Samiti (Intermediate level) and set up a two-tier system in the state.

According to the 73rd Amendment of the Constitution, states are required to constitute Panchayats at three tiers, i.e., Village, Intermediate and District except the States having a population of less than 20 lakhs, which may not constitute a Panchayat at Intermediate level. Goa, Manipur, Sikkim, D& N Haveli, daman & Diu and Lakshadweep do not have intermediate Panchayat as only 2 Tier system is in place

Arunachal Pradesh has a population of 13.84 lakh which, thus, makes it eligible for having 2-tier government

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Various committees on Panchayati Raj:

Balwant Rai Mehta: established 1957
V.T. Krishnammachari: 1960
Takhatmal Jain Study Group: 1966
Ashok Mehta Committee: 1978
G.V.K. Rao Committee: 1985
Dr. L.M. Singhvi Committee: 1986
P. K. Thoongan committee: 1988
Gadgil Committee 1988

Panchayat Raj system exists in all the states except Nagaland, Meghalaya and Mizoram and in all the Union territories except Delhi.

In 6th Schedule areas, autonomous tribal institutions exist for governance, and in 5th schedule areas where 73rd amendment does not apply, PESA 1996 was enacted to extend the PRI institution.

PESA Act 1996 or Panchayats (Extension to Scheduled Areas) Act 1996 :

Law enacted by GOI for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
Scheduled Areas are areas identified by 5th Schedule of the Constitution of India and are found in 10 states of India which have predominant population of tribal communities.
The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the Indian Constitution as provided in the Part IX of the Constitution.

***

PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, with certain exceptions and modifications.
PESA sought to enable the Panchayats at appropriate levels and Gram Sabhas to implement a system of self-governance with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, sanction of projects, and control over local institutions.

*** applicable in OD, TL, AP, MH, MP, GJ, CG, JH, RJ, HP

PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas.
PESA was viewed as a positive development for tribal communities in Scheduled Areas who had earlier suffered tremendously from engagement with modern development processes and from the operation of both colonial laws and statutes made in independent India.
The loss of access to forest, land, and other community resources had increased their vulnerability.
Rampant land acquisition and displacement due to development projects had led to large scale distress in tribal communities living in Scheduled Areas.
PESA was seen as a panacea for many of these vulnerabilities and sought to introduce a new paradigm of development where the tribal communities in such Scheduled Areas were to decide by themselves the pace and priorities of their development.

Salient Provisions of PESA Act :

In the Schedule Areas, every village will have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayats at the village level.
In the schedule areas, there will be a minimum of 50% seats reservation for Scheduled Tribes (STs) at all the tiers of Panchayats.
If the area has different tribal communities, the reservation of different tribal communities shall be on the basis of proportion to their population.
The chairpersons at all levels of the Panchayats in Schedule areas shall be reserved for STs.
If there are no ST members at intermediate or district level Panchayats, the state government shall nominate such underrepresented STs by maximum of one-tenth of the total elected members of the Panchayats.
Every legislation on the Panchayats in scheduled area shall be in conformity with the customary law, social and religious practices and traditional management practice of the community resources.

A State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with:

The ownership of minor forest produce
The power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe
The power to manage village markets

The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of concession for the exploitation of minor minerals by auction.

Scheduled & Tribal Areas :

Article 244 in Part X envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.
The 5th Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in ANY state except the 4 states of Assam, Meghalaya, Tripura and Mizoram.
6th Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the 4 northeastern states of Assam, Meghalaya, Tripura and Mizoram.

5th SCHEDULE : deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes in States other than AMTM.

The Executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas.
The Governors of the State in which there are “Scheduled areas” have to submit reports to the President regarding the administration of such Areas, annually or whenever required by the President.
Tribes Advisory Councils are to be constituted to give advice on such matters as welfare and advancement of the Scheduled Tribes.
The Governor is authorised to direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply, only subject to exceptions or modifications.
The Governor is also authorised to make regulations to prohibit or restrict the transfer of land by, or among members of the Scheduled Tribes.
The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area.
These provisions of the Constitution relating to the administration of the Scheduled Areas and Tribes may be altered by Parliament or by ordinary legislation.
The Constitution provides for the appointment of a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States.
The President may appoint such Commission at any time, but the appointment of such Commission at the end of 10 years from the commencement of the Constitution was obligatory.
President may at any time by order increase the area of any Scheduled Area in a State after consultation with the Governor of that State
The current 5th scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

NOTE : There should be a Tribal Welfare minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh & Odisha appointed by Governor of the state.

TAC Tribes Advisory Councils :

There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than 20 members of whom, as nearly as may be, three - fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.
It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.”
Tribes Advisory Councils (TAC) have been constituted in Scheduled Area States of Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
Though Tamil Nadu, Uttarakhand and West Bengal do NOT have any scheduled area, they have also constituted TAC.

6th SCHEDULE : deals separately administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram

The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on.
If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.
Each autonomous district has a district council consisting of 30 members, of whom 4 are nominated by the governor and the remaining 26 are elected on the basis of adult franchise. The elected members hold office for a term of 5 years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.
Each autonomous region also has a separate regional council.
The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the Governnor.
The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them.
The jurisdiction of high court over these suits and cases is specified by the governor.
The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor.
The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.
The acts of Parliament or the state legislature do NOT apply to autonomous districts and autonomous regions OR apply with specified modifications and exceptions.
The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions.
Governor may dissolve a district or regional council on the recommendation of the commission.

Art. 244 and 6th schedule have provisions for administration of tribal areas. Hence 4 states AMTM of N-E covered in the schedule are

Assam

Bodoland Territorial Council

Karbi Anglong Autonomous Council

Dima Hasao Autonomous District Council

Meghalaya

Garo Hills Autonomous District Council

Jaintia Hills Autonomous District Council

Khasi Hills Autonomous District Council

Tripura — Tripura Tribal Areas Autonomous District Council
Mizoram

Chakma Autonomous District Council

Lai Autonomous District Council

Mara Autonomous District Council

Other States such Manipur, Nagaland Arunachal Pradesh are NOT part of it.

9th SCHEDULE

It includes Acts and Regulations (originally 13 but presently 282) of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.
This schedule was added by the 1st Amendment (1951) to protect the laws INCLUDED IN IT from judicial scrutiny on the ground of violation of fundamental rights.
Article 31B was also added by the 1st Amendment.
Article 31B saves the acts and regulations included in the 9th Schedule from being challenged and invalidated on the ground of contravention of ANY of the fundamental rights.
However, in 2007, the Supreme Court in IR Cohelo vs State of Tamil Nadu case ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
Such laws are open to challenge in the court if they violate fundamental rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the Constitution.

Cantonment Board :

is established for municipal administration for civilian population in the cantonment area.
is set up under the provisions of the Cantonments Act of 2006 — a legislation enacted by the Central government.
Works under the administrative control of the defence ministry of the Central government.
A cantonment board is created as well as administered by the Central government.
The executive officer implements all the resolutions and decisions of the board and its committees. He belongs to the central cadre established for the purpose.

8.JUDICIAL SYSTEM

First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views.
But, in the Second Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word consultation to concurrence. The Chief Justice would tender his advice on the matter after consulting two of his senior most colleagues.
In the Third judges case (1998), the Court opined that the consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality judges’. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.
In Forth judges Case of 2015 , SC held NJAC unconstitutional and void.

SC Supreme Court of INDIA

inaugurated on 28th January 1950
dealt by Art. 124 to 147 in Part V
At present 31 judges in SC including CJI.
Constitution has NOT mentioned Minimum Age for SC judge to be appointed and also Not fixed tenure of the Judges Although He holds office till 65 Yrs. of age.
By address of Special Majority of each house, President can remove judge on ground of Misbehaviour or Incapacity.
Retired Judges of SC are PROHIBITED from Acting in Any Court or Before any authority within territory of India.

Parliament CANNOT curtail but extend the Jurisdictions of SC.

Jurisdictions of SC

Original - Dispute b/w Centre & States or among States (But Not a suit filed by private individual against Centre/State) ,It is SC’s exclusive power.

Writs - In case of violation of FR of Any citizens , Can issue Habeas Corpus, Quo-warrento, Prohibition, Certiorary, Mandamus.

Appellate - Against HC’s decision in Constitutional Matters, Civil Matters, Criminal Matters, Appeal by Special leave against any court’s order

Advisory - As per Art. 143, President can seek advice of SC in

Any question of Law in public importance (SC may refuse to tender its opinion)
on any dispute arising out of pre-constitution treaty, agreement (SC MUST tender its opinion)

A court of record : Judgements are recorded and cannot be questioned by any court. It can punish for contempt of court. (Article 129 and Article 142 of the Constitution enables the Supreme Court to issue notice and punish anyone including Judges of the High Court for the contempt of court)

power of Judicial Review : To examine constitutionality of any legislative enactments and executive orders of Centre and state govts in 3 cases

i. Fundamental Rights

ii. if the act is outside the authority which has framed it

iii. if it is against Constitutional provisions

Note : Judicial Review has NOWHERE mentioned in the Constitution.

Explanation of 5 Writs :

Writs	Applicable against	NOT applicable to
Habeas Corpus	*Public Authority & Private Individuals*
Mandamus	*Public body, a corporation, an inferior court, a tribunal or Government*	Private Individuals, President, Chief Justice of HCs
Prohibition	*Judicial and Quasi Judicial Authorities*	Administrative Authorities, Legislative Bodies, Private Individuals
Certiorary	*Judicial and Quasi Judicial Authorities, Administrative Authorities affecting rights of Individuals*	Legislative Bodies, Private Individuals
Quo - warranto	Claim of a person to *Public Office*	Ministerial Office and Private Office

Habeas Corpus : Issued against both Public Authority and Private Individuals

Mandamus means ‘we command’ is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. The writ of mandamus CANNOT be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity.

Other Powers of SC

Decides the dispute in election of PRESIDENT and VICE-PRESIDENT. In this case , it has exclusive, original and final authority.
The advice given by SC in case of guilty of UPSC and its members will be BINDING on President.
Can review its own judgement as self-correcting agency
Can take any case from HC and transfer a case from one HC to another one
It control all courts and tribunals functioning in the country.

Judicial Activism or Dynamism : Role of judiciary in protection of rights of citizens and promotion of justice in the society hence forces the two organs of govt(Legislative and executive ) to discharge their constitutional duties. PIL is outcome of Judicial Activism.

PIL (Public Interest Litigation)

The product of Judicial Activism of SC can be logged in case of infringement of rights of citizens and redressal of a common grievance.
A PIL may be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party.
For the exercise of the court's jurisdiction, it is not necessary for the victim of the violation of his or her rights to personally approach court
The requirement of locus standi is waived off in PIL. Locus standi principle means that only those affected could file a suit.
In a PIL, the right to file suit is given to a member of the by the courts through judicial activism.
The member of the public may be NGO, an institution or an individual.
It was introduced by Justice PN Bhagwati of the Supreme Court. It was not mentioned in the constitution.
The court should Prima Facie verify the credentials of petitioner before filing PIL and satisfy the correctness of the contents of Petition.

PIL can be filed in case of

bonded labour
neglected children
Petitions from Riot-Victims
Family Pension
Environment pollution etc
against police for not register case
atrocities against women and SC ST

PIL can NOT be filed in case of

Against Centre/State/Local govts. for other cases (as mentioned above)
landlord tenant matters
service matters related to pension and gratuity
Admission to medical and other institutions
Petitions for early hearing of pending case in HCs and other sub ordinate cases

Judicial Restraint : Courts not to take functions of the legislative or the executive

Appointment of SC Judge :

He should be a citizen of India.
(a) He should have been a judge of a High Court (or high courts in succession) for 5 years;
or (b) He should have been an advocate of a High Court (or High Courts in succession) for 10 years;
or (c) He should be a distinguished jurist in the opinion of the president.
Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Oath of Chief Justice of SC or HC :

To bear true faith and allegiance to the Constitution of India as by law established,
To uphold the sovereignty and integrity of India,
To duly and faithfully and to best of ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will
To uphold the Constitution and the laws.

HC High Court : Art. 214 to 231 in Part VI

In 1862, HCs were set up at Calcutta, Madras, Bombay and in 1866 at Allahabad.
7th amendment act authorises the parliament to establish a common high court for more than two or more states or UTs.
Presently 24 HCs are in India. 4 are common HC working for 2 or more states.
Delhi (Only UT) has its own court since 1966.
Constitution does Not specify number of judges in any HC and leave it to the discretion of President.
With consultation of CJI and concerned state Governor, the Chief Justice of HC is appointed by President.
Other judges of HC are appointed by President in consultation with Chief Justice of HC.
Any Judge of HC holds office until the age of 62 Yrs ( Unlike SC it is 65 Yrs )
President can transfer a judge from one HC to another in consult with CJI. However CJI should consult the 4 senior most judges including (CJ of transferring and receiving )
As per constitution says that retired high court judge cannot practice law in any court or before any authority in India except Supreme Court and the other High Courts. He cannot practice in lower courts and the same high court from which she has retired.

This also means that at present, the Constitution neither prohibits judges of the Supreme Court or the High Court from taking any post-retirement job nor restricts the power of the government to appoint any retired judges to commissions and/or tribunals. For e.g. the government generally appoints retired higher judiciary judges as heads of various commissions.

The salary of High Court Judges is charged from Consolidated Fund of States, their pension comes from Consolidated Fund of India in form of Charged expenditure.

Judges Enquiry Act, 1968 laid down the states for removal of judges of SC as well as HC.

removal motion signed by 100 in LS and 50in RS to be given to Speaker/Chairman
Speaker/Chairman may admit or refuse it.
If admit, Speaker/Chairman forms 3 members committee to investigation
The committee for investigation should consist of

CJI or judge of SC,
A Chief Justice of any HC,
A distinguished jurist

If committee finds him guilty, the house can take up the consideration of motion.
After the Motion is passed by each house with Special majority, an address is presented to President for removal of the judge.
Finally President passes the Order for removal of the accused Judge.

NOTE : Guwahati HC acts as HIGH Court for four states (Assam, Arunachal Pradesh, Mizoram, Nagaland)

Andaman and Nicobar Islands – Calcutta High Court

Dadra and Nagar Haveli (also, Goa and Daman and Diu) – Bombay High Court

Lakshadweep – Kerala High Court

SUB ORDINATE COURTS : aka Lower Courts — Art. 233 to 237 in Part VI

HC is consulted by Governor to make appointment, promotion of District Judges and also to appointment of a person in judicial service in state( other than dist. judges). Governor appoints, transfers etc. for the judges of District Courts in consult of HC.
Governor makes appointments of persons to judicial service of state (Other than Dist judges) after consult with SPSC and HC.
HC controls the district courts and other sub ordinate courts regarding promotions, transfers, Leaves of persons of judicial service.
HC can withdraw a case pending in sub ordinate court, take itself or transfer to other.
HC’s laws are binding on all sub-ordinate courts in the state.

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DISTRICT JUDGE :

Possesses appellate and original jurisdiction in both the cases Civil as well as Criminal matters.
When he deals with civil cases, known as district judge and when he deals with Criminal cases , known as Session Judge.
Session judge has power to impose Life imprisonment and Capital punishment ( subject to confirmation of HC)
Subordinate judge’s court have unlimited pecuniary(money related) jurisdictions in all civil cases.
Chief Judicial Magistrate’s court have power to impose imprisonment for a term up to 7 years in criminal cases.

Munsiff’s court have limited jurisdiction and have small pecuniary stake on civil cases.

Judicial Magistrate’s court have power to impose imprisonment for a term up to 3 years in criminal cases.

NALSA NATIONAL LEGAL SERVICE AUTHORITY

It was formed on 9th Nov 1995 under authority of Legal services act, 1987 to provide free legal services to eligible candidates, and to organise Lok Adalats for speedy resolution of cases.
CJI (Chief Justice of India) is patron-in-chief of NALSA while second senior most judge(Ranjan Gogoi) of SC is Executive-Chairman.
Similar mechanism at state and district level also headed by Chief Justice of High Courts and Chief Judges of District courts respectively.
The prime objective of NALSA is speedy disposal of cases and reducing the burden of judiciary.

LOK ADALAT :

Established by Legal Services Authorities Act, 1987 for settlement of disputes cheaply and expeditiously and also in the spirit of compromise by give and take formula.In case of pre-litigation or case pending in court.
First Lok Adalat was held in Gujarat in 1982.
As a Statutory forum having status of civil court, Accepts cases pending in regular courts within their jurisdiction which could be settled by conciliation and compromise.
Presided by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker.
Main condition is that both parties in dispute should agree for settlement.
There is no court fee. It is based on Gandhian principles and is one component of ADR(alternate dispute resolution)
procedural laws and the Evidence Act are not strictly followed. The disputing parties plead their case themselves in Lok Adalats. No advocate or pleader is allowed, even witnesses are not examined.
The decision of the Lok Adalat is binding on the parties to dispute & No appeal shall lie to any court against the award of Lok Adalat.
The offences which are Non-compoundable are outside purview of Lok Adalat.
It has same powers as civil courts under Code of civil procedure code,1908 while there is no strict followed of this act.
The Lok Adalats can deal with all Civil Cases, Matrimonial Disputes, Land Disputes, Partition/Property Disputes, Labour Disputes and compoundable criminal Cases but CANNOT deal Non-compoundable cases.

Lok Adalat is a non-adversarial system, whereby mock courts (called Lok Adalats) are held by the State Authority, District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committee.

Permanent Lok Adalat : After amendment of Legal services act,1987 in 2002 Lok Adalats are given permanent status related to Public utility services.

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. Compoundable offences are less serious criminal offences and are of two different types in CrPC.

1. Court permission is not required before compounding – Examples of these offences include adultery, causing hurt, defamation criminal trespass.

2. Court permission is required before compounding – Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, assault on a woman with intention to outrage her modesty, dishonest misappropriation of property amongst others.

Non Compoundable offences : There are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise.

In Non-compoundable offences, no compromise is allowed. Even the court does not have the authority and power to compound such offense. Full trail is held which ends with the acquittal or conviction of the offender, based on the evidence given.

Family Courts Act, 1984 provides establishment of Family courts in every city having population more than 1 million by State govt. in consultation of HC to settle up disputes related to Marriage and family affairs. UP has maximum 77 FC out of 438.

It is to be set up by State Govt. in consultation with HCs with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.
In other areas of the states, the Family Courts may be set up if the State Governments deems it necessary.
The main objectives and reasons for setting up of Family Courts are:

To create a Specialized Court which will exclusively deal with family matters so that such a court may have the necessary expertise to deal with these cases expeditiously. Thus expertise and expedition are two main factors for establishing such a court;
To institute a mechanism for conciliation of the disputes relating to family;
To provide an inexpensive remedy, and
To have flexibility and an informal atmosphere in the conduct of proceedings.

Gram Nyayalaya

Gram Nyayalaya Act,2008 based on recommendation of Law Commission paved the way to establishment of Gram Nyayalaya for every Panchayat at intermediate level to provide justice to poor at the doorsteps.
Judicial Magistrate’s court will be gram nyayalaya and Nyayadhikari shall be appointed by State govt. in consultation of HC who will act as same of First class Judicial Magistrate.
GN as Mobile court will have powers of both Criminal and Civil courts.
HQ at Intermediate Panchayat, UP has maximum 104 GN out of which 2 are functional.
Appeal in Criminal cases shall lie to Court of Session and have to be settled in 6 months.
Appeal in Civil cases shall lie to District Court and have to be settled in 6 months.
GN will try to resolve dispute by Conciliation b/w parties hence it shall make use of conciliators for this purpose.

The District Court shall, in consultation with the Appointment District Magistrate, prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who possess such qualifications and experience as may be prescribed by the High Court.”

The Parliament CANNOT amend those provisions which form the ‘basic structure’ of the Constitution. NONE OF these features have been mentioned in the constitution as a part of its ‘basic structure’

1. Federalism
2. Secularism
3. Judicial Review

4. Liberty

The following have emerged as ‘basic features’ of the Constitution THOUGH NOT MENTIONED in Constitution.

Supremacy of the Constitution;
Sovereign, democratic and republican nature of the Indian polity;
Secular character of the Constitution
Separation of powers between the legislature, the executive and the judiciary;
Federal character of the Constitution;
Unity and integrity of the nation;
Welfare state (socio-economic justice)
Judicial review;
Freedom and dignity of the individual;
Parliamentary system; Rule of law;
Harmony and balance between FR & DPSP Fundamental Rights and Directive Principles;
Principle of equality
Free and fair elections;
Independence of Judiciary;
Limited power of Parliament to amend the Constitution;
Effective access to justice;
Principle of reasonableness;
Powers of the Supreme Court under Articles 32, 136, 141 and 142

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 amending the Land Acquisition Act, 2013 which creates five special categories of land use:

1. defence

2. rural infrastructure,

3. affordable housing,

4. industrial corridors

5. infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land.

The Bill exempts the five categories from provisions of the LARR Act, 2013 which requires the consent of 80% of land owners to be obtained for private projects and that of 70% of land owners for PPP projects.
The Bill allows exemption for projects in these five categories from requiring Social Impact Assessment be done to identify those affected and from the restrictions on the acquisition of irrigated multi-cropped land imposed by LARR Act 2013.

WHIP is an important member of a political party’s parliamentary body can be said managers of the parties within the legislatures, having a central role in ‘Floor Management’ in both the Houses of Parliament and is responsible for discipline within the party. Their main job is ensuring that their members in Parliament and legislature vote in line with the party’s official policy on important issues and make sure that the members turn out for important votes.

The office of Whip, in India, is mentioned neither in the Constitution nor in the rules of the house, nor in the Parliamentary statutes.
All India Whips’ Conference is organised by Ministry of Parliamentary Affairs.

18th All India Whips’ Conference at Udaipur to strengthen the parliamentary democracy.

It was organised by Ministry of Parliamentary affairs(MoPA), under GOI (Allocation of Business) Rules, 1961 made under article 77(3) of the Constitution.

18^thAll India Whips’ Conference rolled out e-Sansad and e-Vidhan in Parliament and State Legislatures to digitize and make their functioning paperless.

Govt. FUNDS :

Voted and Charged Expenditures In India

After the budget is presented to the house (parliament), the government needs its approval to draw even one rupee from the Consolidated Fund of India. This approval comes by voting, which means that the Budget proposals must be passed by the Parliament. However, there are some charges which essentially have to be paid by the Government and for those charges no voting takes place.
Thus, the expenditure embodied in the Budget Documents is of two types:

The sums required for charged expenditures or non-votable.
The sums required for other expenditures as mentioned in the Budget Documents. These are votable.

Charged Expenditures or Non-Votable Charges : No voting takes place for the amount involved in these expenditures for their withdrawal from Consolidated Fund of India. Though discussion can take place in any house of the parliament. The demand for grant for these charges is also made on recommendation of the president (Article 113). The charged expenditures are:

Salary and Allowances of President, Speaker/Deputy speaker of Lok Sabha, Chairman/Deputy chairman of Rajya Sabha, Salaries and Allowances of Supreme Court judges, Pensions of Supreme Court as well as High Court Judges, Salaries and Allowances of CAG, Lok Pal
Debt charges of Government of India.

Votable / Voted Expenditures : The Votable part is actual Budget. The expenditures in the Budget are in the forms of Demand for Grants. These Budget also presents ways and means – how the government would be recovering the expenditures. Generally, the demands for Grants of each and every ministry are made separately in the Budget documents and each demand for grant has the provisions under its different heads.

NOTE :

Attorney General or Solicitor General is NOT a charged expenditure upon Consolidated Fund of India. They are paid a fee which comes from the budgetary allocations of Department of Legal Affairs, which itself though comes from consolidated fund but is a votable charge.
Further, while salary of High Court Judges is charged from Consolidated Fund of States, their pension comes from Consolidated Fund of India in form of Charged expenditure.

According to the Indian Constitution, the following three funds or accounts have been provided for:

Fund.	Income	Expenditure	Parliamentary Authorisation required	Article
Consolidated Fund	Taxes and non-tax revenue	All expenditure	Prior to expenditure	266 (1)
Public Fund	Public money other than those under consolidated fund		Not required	266 (2)
Contingency Fund	Fixed corpus of Rs. 500 crore	Unforeseen expenditure	After the expenditure	267 (1)

(1) Consolidated Funds;

The Union Government and each State Government may have a separate fund which is known as Consolidated Fund of India or, ‘Consolidated Fund of…concerned… State’.
No amount can be withdrawn from the fund without the authorisation from the Parliament.
It includes below

(i) All revenues received by the Government of India;

(ii) All loans raised by the Government of India by issue of treasury bills;

(iii) Money obtained by means of ‘Ways and Means’ of advances;

(iv) All money received in repayment of loans previously made out of the consolidated fund.

Further sub-divided further in 3 parts:

(2) Contingency Funds;

The Central Government and each State Government may have a separate Contingency Fund, viz., ‘The Contingency Fund of India’ or ‘The Contingency Fund of…concerned. State’ which is in the nature of an imprest.
The fund is at the disposal of President or Governor to enable advances to be made by him out of such fund for meeting unforeseen expenditures pending authorisation of such expenditure by Parliament or the State Legislature, under appropriations made by Law.
Each such fund is financed from time to time by such sums as may be determined by Act of the appropriate legislature establishing the fund.
The fund is held by the finance secretary on behalf of the president.

(3) Public Accounts.

The Central Government or the State Government may also have separate Public Accounts, viz., ‘The Public Account of India’ or ‘The Public Account of… State’, where all other public moneys received by on behalf of Central /State Government are credited and disbursements are made from such fund according to the prescribed rules.
Public Account of India is operated by executive action and expenditure from it does not need to be approved by the Parliament.
It accounts for flows for those transactions where the government is merely acting as a banker.
Like provident funds, small savings and so on. These funds do not belong to the government.
It have two main sections viz.

(i) Debit (other than those included in the Consolidated Fund), and

(ii) Deposits and Remittances

1st Hour is Q hour , followed by Zero Hour.

The questions in Q hour of Parliament are of three kinds, namely, starred, unstarred and short notice.

A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow. Green coloured
An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow. White
A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally. Light pink

Question to private members : Yellow

Different kinds of GRANTS that are given to executive apart from the normal annual BUDGET.

Additional Grant: It is granted when a need has arisen during the current financial year for additional expenditure upon some new service not Contemplated in the budget for that year.

Excess Grant: It is granted when money has been spent on any service during a financial year in excess of the amount granted for that service in the budget for that year. It is voted by the Lok Sabha after the financial year. Excess must be approved by the Public Accounts Committee of Parliament.

Vote of Credit : It is granted for meeting an unexpected demand upon the resources of India, when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with the details ordinarily given in a budget. Hence, it is like a blank cheque given to the Executive by the Lok Sabha.

Exceptional Grant: It is granted for a special purpose and forms no part of the current service of any financial year.

With respect to Government Budgeting in India, differentiate between (1) votes on account and votes of credit (2) Excess grant and Exceptional grant.

Vote on Account - to make any grant in advance in respect of the estimated expenditure for a part of any financial year. literally means a vote on the accounts of the government. During elections and till a new government takes over, the caretaker government needs funds for various routine items of expenditure — like staff salaries — without which there would be a financial crisis. According to the Constitution, the government cannot spend any money without Parliament’s approval.

Hence, vote-on-account is taken whereby a government gets parliamentary approval to run the government for a few months, using funds drawn from the Consolidated Fund of India.

9.Various Bodies/Commissions

Quasi-judicial bodies

Have powers analogous to that of the law imposing bodies but these are not courts.
They primarily oversee the administrative zones.
The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies. These bodies support to lessen the burden of the courts.

Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by President of India every 5th year or at such earlier time as he considers necessary. It is quasi-judicial in nature because it decides/adjudicates on the just allocation of resources to between states from the Central pool.
Competition Commission of India;
Appellate Tribunal for Electricity;
State Electricity Regulatory Commission;
Railway Claims Tribunal;
Income Tax Appellate Tribunal;
Intellectual Property Appellate Tribunal;
Central Excise and Service Tax Appellate Tribunal;
Banking Ombudsman
National Human Rights Commission
National Consumer Disputes Redressal Commission
Central Information Commission

Under Article 323B, both Parliament and state legislatures are authorized to establish tribunals for various purposes like taxation, industry and labour, elections to Parliament and state legislatures etc. In Chandra Kumar case (1997), Supreme Court declared that such tribunals are subjected to jurisdictions of the respective High Courts and judicial remedies are available against the orders of the tribunals i.e. now appeals against the orders of the CAT shall lie before the division bench of the concerned high court.

Extra-constitutional advisory bodies to the Central government

National Development Council NDC : It was an advisory arm of the Planning Commission. It has been now disbanded and replaced with Team India.
Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. Its membership primarily comprises legal experts, who are entrusted a mandate by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
Zonal Councils have been established via the States Reorganization Act of 1956, they are statutory bodies.

CONSTITUTIONAL Bodies —> FC, EC, UPSC, SPSC, NCSC, NCST, CAG, SOLM, AGI, AGS

Finance Commission

Established by President of India in 1951 under Article 280 of Indian Constitution.
It was formed to define the financial relations between GOI and individual state governments.
As per the Constitution, the Commission is appointed every five years and consists of a chairman and four other members.
Article 280 of the Indian Constitution defines the scope of the Commission:

The President will constitute a FC within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
Parliament may by law determine the requisite qualifications for appointment as members of FC and the procedure of selection.
The Commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same amongst the States themselves. It is also under the ambit of FC to define the financial relations between the Union and the States. They also deal with devolution of non-plan revenue resources.

Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by President of India every 5th year or at such earlier time as he considers necessary. It is quasi-judicial in nature because it decides/adjudicates on the just allocation of resources to between states from the Central pool.
The Finance Commission (Miscellaneous Provisions) Act of 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.
Qualifications of the members : The Chairman of the Finance Commission is selected from people with experience of public affairs. The other four members are selected from people who:

Are, or have been, or are qualified, as judges of HC,
Have knowledge of Government finances or accounts, or
Have had experience in administration and financial expertise; or
Have special knowledge of economics

Procedure and Powers of the Commission : The Commission has the power to determine their own procedure and:

Has all powers of the civil court as per the Civil Procedure Code, 1908
Can summon and enforce the attendance of any witness or ask any person to deliver information or produce a document, which it deems relevant.
Can ask for the production of any public record or document from any court or office.
Shall be deemed to be a civil court for purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898.

Disqualification from being a member of the Commission : A member may be disqualified if:

He is mentally unsound;
He is an undischarged insolvent;
He has been convicted of an immoral offence;
His financial and other interests are such that it hinders smooth functioning of the Commission.

Terms of Office of Members and Eligibility for Reappointment : Every member will be in office for the time period as specified in the order of the President, but is eligible for reappointment provided he has, by means of a letter addressed to the president, resigned his office.
Salaries and Allowances of the members : The members of the Commission shall provide full-time or part-time service to the Commission, as the President specifies in his order. The members shall be paid salaries and allowances as per the provisions made by GOI.

Functions of Finance Commission

Distribution of net proceeds of taxes between Centre and the States, to be divided as per their respective contributions to the taxes.
Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
To make recommendations to the president as to the measures needed to augment the Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the finance commission of the state.
Any other matter related to it by the president in the interest of sound finance.
A finance commission is an autonomous body which is governed by the government of India.

There have been 15 FCs to date. The most recent was constituted in 2017 and is chaired by N.K.Singh, former member of the Planning Commission of India.

Election Commission :

Attorney General of India

Appointed by President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President.
He must be a person qualified to be appointed as a Judge of SC.
He is highest law officer in the country and chief legal advisor of GOI as well as primary lawyer of GOI in SC.
He represents the GOI in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
Advice to govt on legal issues and perform the duty given by President.
Have Right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote.
The Attorney General is NOT a full-time counsel for the Government.
He does NOT fall in the category of government servants.
Further, he is NOT debarred from private legal practice.
does NOT have any executive authority which is performed by LAW Minister.
can accept briefs but cannot appear against the Government.
can NOT defend an accused in the criminal proceedings and accept the directorship of a company without the permission of GOI.
assisted by a Solicitor General and four additional Solicitors General.
All references to the Attorney General are made by the Law Ministry.
He can be appointed as a member of some Parliamentary Committees.
He has the right to speak and to take part in the proceedings of both the Houses of Parliament OR their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote.
He enjoys all the privileges and immunities that are available to a MP member of Parliament.

NOTE : Only the office of the Attorney General is created by the Constitution. Article 76 does NOT mention about solicitor general and additional solicitor general, while it creates office of AG.

Advocate General of a State :

He must have held a judicial office for ten years or been an advocate of a high court for ten years and Hence should be eligible to be appointed as a judge of the State high court.
The term of office of the advocate general is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal.
He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time.
He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

Inter State Council :

A NON-permanent constitutional body setup by a presidential order on the basis of provisions in Article 263 of Constitution of India.
The body was formed by a Presidential Order dated 28 May 1990 on recommendation of Sarkaria Commission.
It can be established ‘at any time’ if it appears to the President that the public interests would be served by the establishment of such a council.
The Council as recommendatory body is formed to discussing or investigating policies, subjects of common interest, and disputes, among states.
It’s objectives are

Decentralization of powers to the states as much as possible.

2. More transfer of financial resources to the states.

3. Arrangements for devolution in such a way that the states can fulfil their obligations.

4. Advancement of loans to states should be related to as ‘the productive principle’.

5. Deployment of central armed forces in the states either on their request or otherwise.

It’s Composition composes of

Prime Minister, Chairman.
Chief Ministers of all states.
Chief ministers of UTs with legislative assemblies.
Administrators of union territories not having legislative assemblies
Six central cabinet ministers, including home minister, to be nominated by prime minister.
Governors of states under president's rule

STANDING COMMITTEE (set up in 1996 for continuous consultation and processing of matters for the consideration of the council.)

Home minister
5 members of Cabinet rank
9 members Chief Ministers of state

Zonal Councils

To Bringing out national integration It is advisory councils (NOT Constitutional Body) and are made up of the states of India that have been grouped into 5 zones to foster cooperation among them.
They were set up vide Part-III of States Reorganisation Act, 1956.
The North Eastern States' special problems are addressed by another statutory body - The North-Eastern Council, created by the North Eastern Council Act, 1971.
Sikkim was included in North Eastern Council vide North Eastern Council (Amendment) Act, 2002.
Arresting the growth of acute State consciousness, regionalism, linguism and particularistic tendencies
Enabling the Centre and the States to co-operate and exchange ideas and experiences
Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects

Its Composition are :

Chairman – Union Home Minister is the Chairman of each of these Councils
Vice Chairman – The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
Members - Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
Advisers- One person nominated by the Planning Commission (which has been replaced by NITI Aayog now) for each of the Zonal Councils, Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone.

—> A&N , Lakshadweep are NOT members of any of the Zonal Councils but are presently special invitees to the Southern Zonal Council.

NIC National Integration Council

a group of senior politicians and public figures in India that looks for ways to address the problems of communalism, casteism and regionalism.
Formed in 1961 as Government advisory body with PM of India acts its Chairman.

CAG Comptroller & Auditor General :

He is provided with the security of tenure.
He can be removed by the president only in accordance with the procedure mentioned in the Constitution.
Thus, he does not hold his office till the pleasure of the president, though he is appointed by him.
All salaries, allowances and pensions of persons serving in that office are charged upon Consolidated Fund of India. So, they are not subject to the vote of Parliament.
No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.
CAG submits 3 audit reports to the President—

audit report on appropriation accounts,
audit report on finance accounts,
audit report on public undertakings.

The President lays these reports before both the Houses of Parliament. After this, the Public Accounts Committee examines them and reports its findings to the Parliament.

Appropriation accounts : compare the actual expenditure with the expenditure sanctioned by parliament through the appropriation Act

Finance accounts : shows annual receipts and disbursements of the government

NHRC National Human Rights Commission

Autonomous public body constituted on 12 October 1993 under Protection of Human Rights Ordinance and given a statutory basis by the Protection of Human Rights Act, 1993 aka TPHRA, 1993.
Hence NHRC is not a constitutional body.
It is responsible for the protection and promotion of human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".
FUNCTIONS

inquire into violations of GOI human rights or negligence in the prevention of such violation by a public servant
by leave of the court, to intervene in court proceeding relating to human rights
review the safeguards provided by or under the Constitution or any law and recommend measures for their effective implementation
review the factors like terrorism and recommend appropriate remedial measures
to study treaties and other international instruments on human rights and make recommendations for their effective implementation
undertake and promote research in the field of human rights
engage in human rights education and protection of Human rights through publications, the media, seminars and other available means
encourage the efforts of NGOs and institutions working in the field of human rights
requisitioning any public record or copy thereof from any court or office.

Composition

A Chairperson, should be ONLY Retired CJI & NOT HC judge (though GOI mulling appointment of retired SC Judges as chairperson)
One member who is, or has been, a Judge of SC
One member who is, or has been, Chief Justice of a HC
Two members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
the Chairpersons of four National Commissions (SC, ST, Women and Minorities) serve as ex officio members.

The sitting Judge of SC or sitting Chief Justice of any High Court can be appointed only after consultation with CJI.

Appointment : The Chairperson and members are appointed by President of India, on recommendation of a committee consisting of

PM (Chairperson) Modi
HM Rajnath Singh
Leader of the Opposition in Lok Sabha (Lower House) Malikarjun Kharge
Leader of the Opposition in Rajya Sabha (Upper House) Gulam Ali
Speaker of Lok Sabha (Lower House) Sumitra Mahajan
The Deputy Chairman of Rajya Sabha (Upper House) P J Kurien

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission. In accordance to the amendment brought in TPHRA,1993 of State Human Rights Commissions formed to perform the functions of the commission as TPHRA,1993 (with amendment act 2006). At present, 25 states have constituted SHRC.

Human Rights are not static, but are rather dynamic in nature. New rights are recognized and enforced from time to time. Only persons fully conversant with the latest development about the expanding horizons of Human Rights can promote their awareness better than others.

SHRC State Human Rights Commission

Can inquire into violation of human rights only in respect of subjects mentioned in the State List and the Concurrent List of the 7th Schedule of the Constitution.
However, if any such case is already being inquired into by NHRC or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
SHRC is NOT a constitutional body.
SHRC is a multi-member body consisting of a chairperson and 2 members. The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.
In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.
The commission can review the constitutional and other legal safeguards for the protection of human rights.

RECENTLY the Protection of Human Rights (Amendments) Bill, 2018 is proposed to be passed in parliament for below amendments :

It provides for National Commission for Protection of Child Rights to be included as a deemed Member of NHRC.
It proposes to incorporate a mechanism to look after the cases of human rights violation in the Union Territories.
It proposes to add a woman Member in the composition of NHRC.
It proposes to enlarge the scope of eligibility and scope of selection of Chairperson, NHRC as well as SHRC
It proposes to amend the term of office of Chairperson and Members of NHRC and SHRC to make it in consonance with the terms of Chairperson and Members of other Commissions.

Note : Constitution (89th Amendment) Act, 2003 replaced erstwhile National Commission for Scheduled Castes and Scheduled Tribes by

NCST and NCSC.

NCSC National Commission for Scheduled Castes :

An Indian constitutional body established with a view to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.
It is a constitutional body in the sense that it is directly established by Article 338 of the Constitution
The commission consists of a chairman, vice-chairman and 5 other members. The chairman, vice-chairman and members of the commission are appointed by the President. The conditions of service and tenure of the members of commission shall be such as the presidents may by rule determine.

Powers of NCSC:

The Commission is vested with the power to regulate its own procedure.

The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a CIVIL court trying a suit and in particular in respect of the following matters:

(a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record from any court or office;
(e) Issuing summons for the examination of witnesses and documents;
(f) Any other matter which the President may determine.

The Central government and the state governments are required to consult the Commission on all major policy matters affecting the SCs.

The Commission is also required to discharge similar functions with regard to the other backward classes (OBCs) and the Anglo-Indian Community as it does with respect to the SCs.

NCST National Commission for Scheduled Tribes

Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs).
In 1978, the Government (through a Resolution) set up a non-statutory multi-member Commission for SCs and STs; the Office of Commissioner for SCs and STs also continued to exist.
Later, 65th Constitutional Amendment Act of 1990 provided for the establishment of a high level multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs.
Later, An Indian constitutional body was established through Constitution (89th Amendment) Act, 2003 to oversee the implementation of various safeguards provided to STs under the Constitution. It bifurcated existing combined commission into NCSCs and NCSTs.
The Commission comprises a Chairperson, a Vice-Chairperson and three full-time Members (including one lady Member). They are appointed by President and their service and tenure of office are determined by President.
The term of all the Members of the Commission is 3 years from the date of assumption of charge.

Functions of NCSTs :

Investigate and monitor all the matters related to constitutional and other legal safeguards for the STs
To inquire into specific complaints wrt their deprivation of rights and safeguards of STs
Participate and evaluate the process of socio-economic development of the STs under the Union or State
To present the President annual reports and other time regarding the safeguards
To make recommendations to Union and State for Safeguards of STs

In 2005 , President Specified some other functions to NCSTs as below.

Specifications by President for NCST : In 2005, the President specified other functions of NCST in relation to the protection, welfare and development and advancement of the STs, which included “measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribals that lead to their continuous disempowerment and degradation of land and the environment”.

Measures to be taken for the development of tribals and to work for more viable livelihood strategies
Measures to be taken over conferring ownership rights for MFP to STs living in forest areas
Measures to be taken to safeguard rights of STs over Mineral resources, Water resources as per law
Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects
Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.
Measures to be taken to ensure full implementation of the PESA Act, 1996

Scheduled Castes population : According to 2001 Census (trends are likely to remain similar in 2011 census)

is 166.6 million constituting 16.23% of the total population of India.
Out of roughly 3000 castes estimated to exist in India, as many as 779 have been designated as Scheduled Castes.
They are mainly concentrated in Uttar Pradesh (35.1 million), West Bengal (18.4 million), Andhra Pradesh (12.3 million), Tamil Nadu (11.8 million) and Bihar (11.3 million).
While Uttar Pradesh has the highest concentration of SC population, Punjab with 28.9% Scheduled Castes population occupies the first position in terms of percentage of SC to the state population.

Learning: According to 2001 census, the literacy rate among SC population is 54.70 per cent as compared to 64.80 per cent among total population. Literacy among SC female in quite low i.e. 41.90 per cent against 53.70 per cent of general female, which is a cause of great concern.

———> National Commission for Women (1992), the National Commission for Minorities (1993), the National Commission for Backward Classes (1993), the National Human Rights Commission (1993) and the National Commission for Protection of Child Rights (2007) are statutory bodies in the sense that they are established by acts of the Parliament.

NCM National Commission for Minorities

Under the National Commission for Minorities Act, 1992 , 6 religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by GOI all over India .
Original notification of 1993 was for Five religious communities Sikhs, Buddhists, Parsis, Christians and Muslims while Jain was added in the list in 2014.

NCBC National Commission for Backward Classes

It was the outcome of Indra Sawhney & Ors. Vs. Union of India
Under the Ministry of Social Justice and Empowerment established on 14 August 1993.
It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993
is proposed to be dissolved to create the National Commission for Socially and Educationally Backward Classes (NCSEBC) as a constitutional body.
The Act provides that the Commission shall consist of 5 Members with their term is of 3 years

a Chairperson who is or has been a judge of the Supreme Court or of a High Court;
a social scientist;
two persons who have special knowledge in matters relating to backward classes; and
a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

The commission considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders the needful advice to the Central Government
Both NCBC and NCSC have the same powers as a Civil Court.
NCSC is the competent authority to look into all the grievances, rights and safeguards relating to Backward Classes.

NCW National Commission for Women :

A statutory body of GOI generally concerned with advising the government on all policy matters affecting women. It was established in January 1992, as defined in the 1990 National Commission for Women Act.
The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labour.
They have also discussed police abuses against women.
The commission regularly publishes a monthly newsletter, Rashtra Mahila, in both Hindi and English.

Below bodies that are required to present an annual report to the President, which is then submitted to the Parliament :

NCSTs
NCSCs
Finance Commission
CAG
UPSC
Commissioner for Linguistic Minorities

———> While NHRC submits its report to Central Government which in turn submits to parliament.

National Commission for Protection of Child Rights 2007 :

An Indian governmental commission & a statutory body established by an Act of Parliament, Commission for Protection of Child Rights Act in December 2005.
Works under the aegis of MoWCD Min. of Women and Child development, GoI.
As defined by the commission, child includes those up to the age of 18 years. Its present chairman is Stuti Narain Kacker.

National Commission for Religious and Linguistic Minorities

Also called as Ranganath Misra Commission was constituted by GOI on 29 Oct 2004 to look into various issues related to Linguistic and Religious minorities in India.
It was chaired by former CJI Justice Ranganath Misra. The commission submitted the report to the Government on 21 May 2007.

CIC Central Information Commission

is a statutory body constituted under Right to Information Act 2005.
The Commission consists of a Chief Information Commissioner and not more than 10 Information Commissioners.
They are appointed by the President on the recommendation of a committee consisting of

Prime Minister as the chairman,
Leader of Opposition in the Lok Sabha
A Union cabinet minister nominated by Prime Minister.

The CIC and the members hold office for a term of 5 years or until they attain the age of 65 years (whichever is earlier).
They are NOT eligible for re-appointment (however, they are eligible for further appointment under the State).
Salary : The salary, allowances and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner and that of the Information Commissioner are similar to those of an Election Commissioner. But, they cannot be varied to his disadvantage during service

SIC State Information Commissioner :

Commission consists of a State Chief Information Commissioner and not more than 10 State Information Commissioners.
The number of State Information Commissioners varies from one state to another state.
They are appointed by the Governor on the recommendation of a committee consisting of

CM as Chairperson,
Leader of Opposition in the Legislative Assembly
A State Cabinet Minister nominated by Chief Minister.

The Commission submits an annual report to the State Government on the implementation of the provisions of this Act.
The State Government places this report before the State Legislature.
State Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances:

(a) if he is adjudged an insolvent; or
(b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude; or
(c) if he engages during his term of office in any paid employment outside the duties of his office; or
(d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body; or
(e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity.

However, in these cases, the Governor has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.

1.ACTs

RPA 1951 or Representation of the People Act, 1951

Act of Parliament to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
Deals with delimitation of constituencies and allocation of seats in the Parliament and state legislatures.
was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election
The provisional parliament enacted the Act of 1951 for the first general election conducted on 25 October 1951.
Registration of political parties is governed by the provisions of section 29A of this Act.
It provided that the term of office of a member of the Rajya Sabha shall be six years. The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire.
On the question whether a member is subject to any of the disqualifications under RPA, 1951, the president’s decision is final. However, he should obtain the opinion of the election commission and act

RPA Act 1950 provides for :

Qualification of voters
Preparation of electoral rolls
Delimitation of constituencies
Allocation of seats in the Parliament and state legislatures.

RPA Act 1951 provides for :

Actual conduct of elections.
Administrative machinery for conducting elections
Poll.
Election offences
Election disputes.
By-elections
Registration of political parties.

RPA - Representation of the People (Amendment) Bill of 2017 allow non-resident Indians (NRIs) or overseas voters to appoint a proxy to cast their votes on their behalf, subject to certain conditions to be laid down in the Conduct of Election Rules, 1961

Section 20A of the Act provides for registration and inclusion of overseas electors in the electoral rolls as to be require overseas electors to be physically present.

MCC Model Code of Conduct first time in 1971 (5th Election)

Guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, election manifestos, processions and general conduct to ensure free and fair elections.
comes into force immediately on announcement of the election schedule by the commission. The Code remains in force till the end of the electoral process.
the code does not have any specific statutory basis. It has only a persuasive effect. It contains what is known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it
Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election.

Points :

The Commission normally announces the schedule of elections in a major press conference a few weeks before the formal process is set in motion. The Model Code of Conduct for guidance of candidates and political parties comes immediately into effect after such announcement
It is necessary for a candidate to make and subscribe an oath or affirmation before an officer authorised by the Election Commission. For any particular election, the authorised persons are, principally, the Returning Officer and the Assistant Returning Officer for the constituency. In the case of a candidate confined in a prison or under preventive detention, the superintendent of the prison or commandant of the detention camp in which he is so confined or is under such detention is authorised to administer the oath. And in the case of a candidate confined to bed in a hospital or elsewhere owing to illness or any other cause, the medical superintendent in charge of the hospital or the medical practitioner attending on him is similarly authorised. If a candidate is outside India, the Indian Ambassador or High Commissioner or diplomatic consular authorised by him can also administer oath/affirmation.

UCC Uniform Civil Code :

The mandate to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
Article 44 of DPSP expects the state to apply these while formulating policies for the country.
Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.
Goa has a common family law, thus being the only Indian state to have a uniform civil code.
Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere.

Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency and thus is to be ultimately held responsible for the preparation of electoral rolls for a parliamentary or assembly constituency. The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency. The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.
The Election Commission of India, in consultation with the State / UT Government, appoints an Officer of the Government or the Local Authorities as the Electoral Registration Officer. It also nominates officers of Government as Observers (General Observers and Election Expenditure Observers)

Election Commission appoints a large number of Observers to ensure that the campaign is conducted fairly, and that people are free to vote as they choose. Election expenditure Observers keeps a check on the amount that each candidate and party spends on the election. Note that there exists thresholds for candidates to spend in the election, but not for the political parties, however election expenditure observers “observes”, if not regulate, both party and candidates.
In order to bring as much transparency as possible to the electoral process, the media are encouraged and provided with facilities to cover the election, although subject to maintaining the secrecy of the vote. Media persons are given special passes to enter polling stations to cover the poll process and the counting halls during the actual counting of votes.

Chief Electoral Officer (CEO)-:

The Election Commission of India nominates or designates an Officer of the Government of the State/UT as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.
The Chief Electoral Officer (CEO) supervise the election work related to Assembly and Parliament elections.
As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/Union Territory is authorised to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.

The District Election Officer (DEO) -:
As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.

Returning Officer (RO) -:
The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency concerned as per section 21 of the Representation of the People Act 1951.

Electoral Registration Officer (ERO)-:
The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.

Presiding Officer -:
The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.

Observer -:

Under section 20B of the Representationof the People Act 1951, the Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies.

They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of Observers was made under the plenary powers of the Commission.

But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments.

They report directly to the Commission.

EMVs :

Since 1998, Election Commission has increasingly used Electronic Voting Machines (EMVs) instead of ballot boxes.
In 2003, all state elections and by elections were held using EVMs.
Encouraged by this, the Commission took a historic decision to use only EVMs for the Lok Sabha election in 2004. More than 1 million EVMs were used in this election.

Prevention of Insults to National Honour Act, 1971

Act of Parliament which prohibits the desecration of or insult to the country's national symbols, including the National Flag, the Constitution and the National Anthem. Hence Prevention of Insults to National Honour Act, 1971 : act to prevent insults to national symbols of

National anthem
Constitution of India
National flag

Abolition of PRIVY PURSE by 26th Amendment act in 1971.

Privy purse was a payment made to the ruling (royal or lower) families of erstwhile princely states as part of their agreements to first integrate with India in 1947, and later to merge their states in 1949 whereby they lost all ruling rights.
The Privy Purse was continued to the royal families until the 26th Amendment in 1971, by which all their privileges and allowances from the Central Government ceased to exist, was implemented after a two-year legal battle.

42nd Constitutional Amendment Act 1976:

It was enacted during the Emergency 1975 – 1977 by INC government headed by Indira Gandhi and Most provisions of the amendment came into effect on 3 January 1977. It is regarded as the most controversial constitutional amendment in Indian history.
It attempted to reduce the power of SC and HCs to pronounce upon the constitutional validity of laws.
It laid down Fundamental Duties of Indian citizens to the nation.
This amendment brought about the most widespread changes to the Constitution in its history, and is sometimes called a "mini-Constitution" or the "Constitution of Indira"

Almost all parts of the Constitution, including the Preamble and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted.
The amendment's 59 clauses stripped SC of many of its powers and moved the political system toward parliamentary sovereignty.
It curtailed democratic rights in the country and gave sweeping powers to the PMO.
The amendment gave Parliament unrestrained power to amend any parts of the Constitution, without judicial review.
It transferred more power from the state governments to the central government, eroding India's federal structure.
It also amended Preamble and changed the description of India from "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

“It Added SSI i.e. Socialist Secular and Integrity”

The clampdown on civil liberties and widespread abuse of human rights by police angered the public.
The Janata Party which had promised to "restore the Constitution to the condition it was in before the Emergency", won the 1977 general elections. The Janata government then brought about the 43rd and 44th Amendments in 1977 and 1978 respectively, to restore the pre-1976 position to some extent.
However, the Janata Party was not able to fully achieve its objectives.
On 31 July 1980, in its judgement on Minerva Mills vs Union of India, SC declared unconstitutional two provisions of the 42nd Amendment which prevent any constitutional amendment from being "called in question in any Court on any ground" and accord precedence to the DPSP over the Fundamental Rights of individuals respectively. This respectively amends mostly of whole constitution, hence is called as mini constitution.
It also curbed Parliament's power to legislate against "antinational activities".

Through the 42nd Amendment Act of 1976 Five subjects were transferred from State to Concurrent List. They are:

Education
Forests
Weights & Measures
Protection of Wild Animals and Birds
Administration of Justice

44th Constitutional Amendment Act 1978

44th Amendment Act of 1978 provided that the other privileges of each House of Parliament, its committees and its members by dropping a direct reference to the British House of Commons, without making any change in the implication of the provision.
Parliament as well as the state legislatures are empowered to make laws for the compulsory acquisition and requisitioning of private property by the governments.
Further, the 44^thAmendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except in two cases:

(a) when the government acquires the property of a minority educational institution;
(b) when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits

Right to PROPERTY is LEGAL right because

There is no guaranteed right to compensation in case of acquisition of a private property by the state.
It can be regulated without a constitutional amendment by an ordinary law of the Parliament.
It protects private property against executive action but not against legislative action.
In case of violation, the aggrieved person cannot directly move SC under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move High Court under Article 226.
No guaranteed right to compensation in case of acquisition or requisition of the private property by the state

Though the Fundamental Right to Property under Part III has been abolished, the Part III still carries two provisions which provide for the guaranteed right to compensation in case of acquisition or requisition of the private property by the state. These 2 cases where compensation has to be paid are :

When the State acquires the property of a minority educational institution (Article 30); &
When the State acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits (Article 31 A).

Ceiling on Land Holdings : fixing maximum size of land holding that an individual/family can own. If the individual/family owns more land than the ceiling limit, the surplus land is taken away (with or without paying compensation to original owner).

Anti-defection Law through 10th Schedule :

Introduced by the 52^nd Amendment in 1985 during tenure of Rajiv Gandhi.
Earlier, 10th schedule was related to association of Sikkim with India. Once, Sikkim became full fledged state, this schedule was repealed via the 36th amendment act.
In this amendment, articles 101, 102, 190 and 191 were changed & laid down the process by which legislators may be disqualified on grounds of defection.
As per this process, a member of parliament or state legislature can be disqualified on the following grounds:
Members of a Political Party

When voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote.
When does not vote/abstains as per party’s whip. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.

If a member has been elected as “Independent”, he / she would be disqualified if joined a political party.
Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member. Hence If a nominated member joins a party six months after he becomes a member of the legislature, will be disqualified on the grounds of the act.

Exceptions

If a person is elected as speaker or chairman then he could resign from his party, and rejoin the party if he demitted that post. No disqualification in this case.
A party could be merged into another if at least two-thirds of its party legislators voted for the merger. The law initially permitted splitting of parties, but that has now been made two-third.

Power to Disqualify

The Chairman or the Speaker of the House takes the decision to disqualify a member.
If a complaint is received wrt the defection of the Chairman or Speaker, a member of the House elected by that House shall take the decision.

All proceedings in relation to any question on disqualification of a member of a House under this Schedule are deemed to be proceedings in Parliament or in the Legislature of a state. No court has any jurisdiction. This was subsequently struck down by the Supreme Court. Currently, the anti-defection law comes under the judicial review of courts.

91st Constitutional Amendment Act of 2003 is notable for

Fixing the maximum strength of the Council of Ministers that the total number of ministers, including Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.
Anti-defection provisions that a member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post.
Earlier, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.

As per the act, At least two-thirds of the members of a party have to be in favour of a “merger” for it to have validity in the eyes of the

law.

It makes it mandatory for all those switching political sides – whether singly or in groups – to resign their legislative membership. They now have to seek re-election if they defect.

“Remunerative Political Post” means (i) any office under the Central Government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; or (ii) any office under a body, whether incorporated or not, which is wholly or partially owned by the Central Government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature (Article 361-B).

Article 263 : Under Article 263, the President has established the following councils to make recommendations for the better coordination of policy and action in the related subjects:

Central Council of Health.
Central Council of Local Government and Urban Development
4 Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones
The Central Council of Indian Medicine and the Central Council of Homoeopathy were set up under the Acts of Parliament

IRWD ACT Interstate River Water Disputes Act 1956 :

An Act of Parliament enacted under Article 262 on the eve of re-organization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
Article 262 provides a role for Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list) However, union government can make laws on regulation and development of inter-State rivers and river valleys when expedient in public interest (entry 56 of union list).
When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on dispute that has arisen between the states of India.
Tribunal thus forms , will not only adjudicate but also investigate other aspects which are in public domain such as water pollution, salt export requirement, water quality deterioration, flood control, sustainability of river basin productivity & its ecology, environmental flow requirements, climate change effects.
IRWD Act validates the previous agreements (if any) among the basin states to harness water of an interstate river/river valley.
The final verdict issued by tribunal is accepted by central government and notified in the official gazette, the verdict becomes law and BINDING ON the riparian states (situated at rivers) for implementation.
The tribunal’s verdict after its publication in the official gazette is equivalent to Supreme Court verdict.
For extending purview of its enactment to implement the tribunal order, Central gov. is obliged to take the consent of all riparian states under Article 252 of constitution before publishing the tribunal awards in the official gazette.

IRWD Amendment bill 2017 : A permanent water dispute tribunal with its members from sitting judges of Supreme Court or High courts, is proposed to resolve the growing number of interstate river water disputes expeditiously.
Till now three tribunal awards are notified in official gazette by GOI for Krishna, Godavari, Narmada.

SC ST act, 1989 or Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 :

an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes.
Article 17 of Indian Constitution seeks to abolish 'untouchability' and to forbid all such practices
The provisions of SC/ST Act and Rules can be divided into three different categories,

The first category contains provisions of criminal law. It establishes criminal liability for a number of specifically defined atrocities, and extends the scope of certain categories of penalizations given in the Indian Penal Code (IPC).
The second category contains provisions for relief and compensation for victims of atrocities.
The third category contains provisions that establish special authorities for the implementation and monitoring of the Act.

For speedy trial, Section 14 of the Act provides for a Court of Session to be a Special Court to try offences under this Act in each district.
As per act, investigation of an offence committed under the SC/ST Act cannot be investigated by an officer not below the rank of Deputy Superintendent of Police (DSP)
Recently Supreme Court ordered that under the SC ST Act, a public servant can be arrested after approval of the appointing authority and a non-public servant only after a sanction by the Senior Superintendent of Police SSP.
The Supreme Court’s verdict provides safeguard for misuse of SC ST act which is used in various false cases.

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015

Establishment of Exclusive Special Courts and specification of Exclusive Special Public Prosecutors also, to exclusively try the offences under the PoA Act to enable speedy and expeditious disposal of cases.
Power of Special Courts and Exclusive Special Courts, to take direct cognizance of offence and as far as possible, completion of trial of the case within 2 months, from the date of filing of the charge sheet.
Addition of chapter on the ̳Rights of Victims and Witnesses‘
Defining clearly the term ̳wilful negligence‘ of public servants at all levels, starting from the registration of complaint, and covering aspects of dereliction of duty under this Act.
Addition of presumption to the offences –If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise

Administrative Tribunals Act of 1985 :

made under Article 323A, empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments.
The chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned.
So far (2013), the SATs have been set up in the 9 states under Article 323B, the Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to

Taxation
Foreign exchange, import and export
Industrial and labour
Land reforms
Ceiling on urban property
Elections to Parliament and state legislatures
Food stuffs
Rent and tenancy rights

While tribunals under Article 323A can be established only by Parliament, tribunals under Article 323B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.

All-India Services Act of 1951

specifies that senior posts NOT exceeding 33 and one third per cent in the Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS) are required to be filled in by promotion of officers employed in the state services.
Such promotions are made on the recommendation of selection committee constituted for this purpose in each state.
Such a committee is presided over by the Chairman or a member of UPSC.
Article 312, Parliament can create new all-India services (including an all-India judicial service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so.
Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting.
This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system.

Commissions for REFORMS

Sarkaria Commission 1990

set up in June 1983 by the GOI to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India.
members of the committee were SC Retired Justice Ranjit Singh Sarkaria, Shri B. Sivaraman (Cabinet Secretary), Dr S.R. Sen (former Executive Director of IBRD) and Rama Subramaniam (Member Secretary).
paved the way to establish Inter State Council in 1990.
Strengthened All India Services

Punchhi Commission on Centre-State relations in 2007 supported Co-operative Federalism.

Rajmannar Committee appointed by Tamilnadu Government for Centre-State relations. (abolition of IAS, IPS, IFS)

Anandpur Sahib Resolution

West Bengal Memorandum of 1977 (AIS should be abolished)

Gadgil - Mukharjee Formula was used to Allocate financial assistance to states from the Centre as Population was given maximum

weightage by considering it as most important factor for the allocation of central assistance.

Taxes belong to the centre exclusively : No part of the proceeds of these taxes can be assigned to the states. The following taxes fall under this category :

Corporation Tax (Corporate Tax)
Customs Duties
Surcharge on Income Tax
Taxes on capital value of assets of individual and companies.
Fees on matters of the Union list

Parthsharthy Shome Committee : Tax Reforms

Hota Committee : Civil Services Reforms

Shah Commission : Illegal Mining

Basawan committee - lateral entry in civil services.

Second Administrative Reforms Commission

CPSE

Escheat is the transfer of title of property or an estate to the state when an individual dies without a will and legal heirs. Escheat ensures that property always has a recognized owner, which would be the state or government if no other claimants to ownership exist.

Delimitation commission or Boundary commission of India

a commission established by GOI under the provisions of the Delimitation Commission Act have task to redrawing the boundaries of the various assembly and Lok Sabha constituencies based on a recent census.

(a) Allocation of seats in the Lok Sabha to the states, and (b) division of each state into territorial constituencies.

Delimitation commission is NOT a Constitutional body but a statutory body.
The representation from each State is not changed during this exercise. However, the number of SC and ST seats in a state are changed in accordance with the census.
The Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026.
The present delimitation of constituencies has been done on the basis of 2001 census under the provisions of Delimitation Act, 2002.
The Commission is a powerful body whose orders CANNOT be challenged in a court of law.
The orders are laid before the Lok Sabha and the respective State Legislative Assemblies. However, modifications are not permitted.
Delimitation commissions have been set up four times in the past — 1952, 1963, 1973 and 2002.
Delimitation constituencies are NOT applicable to representation of states in Council of States.
Cabinet Committee on Political Affairs (CCPA) chaired by PM decides to implement the order from the Delimitation Commission.

Delimitation Commission Act of 1952 which provides for the readjustment of seats, delimitation and reservation of territorial constituencies and other related matters.

Even though the boundaries of constituencies were altered in 2001 to equate population among the parliamentary and assembly seats; the number of Lok Sabha seats that each state has remained unaltered since 1971 census and may only be changed after 2026 as the constitution was again amended (87th amendment to Indian Constitution) in 2002 to continue the freeze on total number of seats in each state till 2026. This was mainly done as states which had implemented family planning widely like Kerala, Tamil Nadu and Punjab would stand to lose many parliamentary seats representation and states with poor family planning programs and higher fertility rates like Uttar Pradesh, Bihar and Rajasthan would adversely gain many of the seats transferred from better performing states.

31^st amendment act delimitation exercise or delimitation act doesn’t apply to states and union territories having population less than 6 million. Hence Sikkim falls under this category.

Delimitation Commission

• is statutory body whose orders have the force of law and cannot be called in question before any court.

• consists of Chief Election Commissioner of India and 2 judges of Supreme Court or any of the High Courts in India.

• These orders come into force on a date to be specified by the President of India in this behalf.

• The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

Special Provisions for states under Article 371. Articles 371 to 371-J in part XXI of the constitution contain special provisions for 11 states viz-

Article 371 - Maharashtra and Gujarat
Article 371A - Nagaland
Article 371B - Assam
Article 371C - Manipur
Articles 371D & E - Andhra Pradesh
Article 371F - Sikkim
Article 371-G - Mizoram
Article 371H - Arunachal Pradesh
Article 371I - Goa
Article 371J- Karnataka

Ministry of Personnel : administers

Central Information Commission
Staff Selection Commission
CBI

Special Category status :

Constitution does not include any provision for categorisation of any State as a SCS. But, recognising that some regions in the country were historically disadvantaged in contrast to others, Central plan assistance to SCS States has been granted in the past by the erstwhile Planning Commission body, National Development Council (NDC).
The concept of a special category state was first introduced in 1969 by the 5th Finance Commission based on the Gadgil formula.
14th Finance Commission has not categorised states between normal states or special category states as it is beyond its terms of reference
The recommendations by Raghuram Rajan committee (2013) for the introduction of the “least developed states’ category (based on the 10 equally weighted indicators for monthly per capita consumption expenditure, education, health, household amenities, poverty rate, female literacy, percentage of the Scheduled Caste/Scheduled Tribe population, urbanisation rate, financial inclusion and physical connectivity) and abolition of “SCS” may be introduced for better understanding the development needs of individual states

. PATH of UPSC

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