BSNL TTA MATCH POINT OLD GK(INDIAN POLITICAL)

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INDIAN POLITICAL
Framing of the Constitution:
a)    The
Constitution of India was framed by a Constituent Assembly which was set up
under the Cabinet mission plan (1946).
b)    The Constituent
Assembly took almost 3 years (2 years,
11 months, and 18 days) to complete
its historic task of drafting the
Constitution for an Independent India.
c)     During
this period it held 11 sessions covering a total of 165 days. Of these, 114
days were spent on the consideration of and discussion on the Draft
Constitution.
d)    As
for the composition of the Assembly, members were chosen by indirect election
by the members of the Provincial Legislative Assemblies, following the scheme
recommended by the Cabinet Mission. The arrangement was as follows:
(i)    292 members were
elected through the Provincial Legislative Assemblies;
(ii)   93
members represented the Indian Princely States; and
(iii)  4 members
represented the Chief Commissioners Provinces.
The total membership
of the assembly thus was to be 389. e) However, as a result of the partition
under the Mountbatten Plan of 3 June 1947, a separate Constituent Assembly was
set up for Pakistan and representatives of some provinces ceased to be members
of the Assembly. As a result, the membership of the Assembly was reduced to
299.
First Interim National Govt.
The
formation of an interim national Govt. was announced on 24 August, 1946. The
Govt. was constituted on 2 September, 1946. It was leaded by Pundit Nehru and
it comprised 11 other members, including 3 Muslims. Muslim League initially
didn’t join the Govt. Technically, however, all the 12 members of the interim
Govt. were members of Viceroy’s Executive Council. The Viceroy continued to be
the head of the Council. Pundit Jawahar Lal Nehru was designated as the
Vice-President of the Council.
The Constituent Assembly
a)    The
people of India elected members of the provincial assemblies, who in turn
elected the constituent assembly.
b)    Rajendra
Prasad, Sardar Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were
some important figures in the Assembly.
c)     Frank
Anthony represented the Anglo-Indian community.
d)    The
Parsis were represented by H.P. Modi.
e)    The Chairman of the
Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian
who represented all Christians other than Anglo-Indians.
f)     Dr.
Sachidanand Sinha was the first president of the Constitituent Assembly. Later,
Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R.
Ambedkar was appointed the Chairman of the Drafting Committee.
SCHEDULES OF INDIAN CONSTITUTION
1.   
First
Schedule
– List of States & Union Territories
2.   
Second
Schedule
-Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court,
Comptroller and Auditor General
3.   
Third
Schedule-
Forms of Oaths and affirmations
4.   
Fourth
Schedule
-Allocate seats for each state of India in Rajya Sabha
5.   
Fifth
Schedule
-Administration and control of scheduled areas and tribes
6.   
Sixth Schedule-Provisions for
administration of Tribal Area in
Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh
7.   
Seventh
Schedule-
Gives allocation of powers and functions between Union & States. It contains 3
lists-Union List (For central Govt) /States List (Powers of State Govt)
/Concurrent List (Both Union & States).
8.   
Eighth Schedule-List of 22
languages of India recognized by
Constitution
9.   
Ninth
Schedule
-Added by Ist amendment in 1951. Contains acts & orders related to land tenure, land tax,
railways, industries.
10.
Tenth
Schedule
-Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of
defection
11.
Eleventh
Schedule
-By 73rd amendment in 1992. Contains provisions of Panchayati Raj.
12.
Twelfth
Schedule-
By 74thamendment in 1992. Contains provisions of Municipal Corporation.
Important committee and their head
1.
Committee on the
Rules of  Procedure
2.
Steering Committee
3.
Finance and Staff
Rajendra Prasad
Committee
4.
Ad hoc Committee on
the National Flag
5.
States Committee
. Union Powers
Committee
Jawaharlal Nehru
. Union Constitution
Committee
6.
Advisory Committee
on
Fundamental Rights,
Vallabhbhai Patel
Minorities
and Tribal and
Excluded Areas
7.
Drafting Committee
B.R. Ambedkar
8.
House Committee
B. Pattabhi
Sitaramayya
9. Committee on the
Functions of the
G.V. Mavalankar
Constituent Assembly
10. Minorities Sub-
H.C. Mookherjee
Committee
11. Fundamental Rights
Sub-Committee
J.B. Kripalani
12. North-East Frontier
Gopinath
Bardoloi
  
 Tribal Areas and     Assam Exluded &
 Partially Excluded
 Areas Sub-Committee



PARTS OF INDIAN CONSTITUTION
1.
Part I
Articles 1-4
Territory of India,,
admission,,  establishment  or 
formation  of  new
states
2.
Part II
Articles
5-11    Citizenship
      
3.
Part III
Articles
12-35
Fundamental Rights
4.
Part IV
Articles 36-51Directive Principles of
State
Policy
Part IV A
Article 51-A
Duties of a citizen of
India. It was added by the 42nd Amendment in
1976
5.
Part V
Articles 52-151
Government at the
Union level
6.
Part VI
Articles 152-237
Government at the
State level
7.
Part VII
Article 238 Deals with states in Part
B of the First Schedule. It was repealed by 7th
Amendment in 1956
8.
Part VIII
Articles
239-241
Administration of
Union Territories
9.
Part IX
Article 242-243
Territories in Part
D of the First Schedule and other territories. It
was repealed by 7th Amendment in 1956
10. Part X
Articles 244-244 A
Scheduled and
tribal areas
11. Part XI
Articles 245-263
Relations between
the
Union and States
12. Part
XII
Articles
264-300
Finance,,
property,,
contracts and suits
13. Part
XIII
Articles
301-307
Trade,,
commerce and
travel within the territory of India
14. Part XIV
Articles
308-323
Services under
the
Union
and
States
Part XIV-A
Articles
323A-323B
Added by the
42nd  Amendment 
in  1976  and 
deals  with
administrative  tribunals 
to  hear  disputes 
and
other complaints
15. Part
XV
Articles  324-329
Election  and
Election
Commission
16. Part XVI
Articles
330-342
Special provision
to certain classes
ST/SC and Anglo Indians
17. Part
XVII
Articles   343-351
Official
languages
18. Part
XVIII
Articles
352-360
Emergency
provisions
19. Part XIX
Articles  361-367
Miscellaneous
20. Part XX
Article
368
Amendment of
Constitution
21. Part  XXI
Articles
369-392
Temporary,,
transitional and special provisions
22. Part 
XXII
Articles
393-395
Short 
title,
commencement and
repeal of the Constitution
Sources of our Constitution
The
Indian Constitution is borrowed from almost all the major countries of the
world but has its own unique features too. Major sources are:
1.Government of
India Act of 1935
– Federal Scheme,
Office of Governor, Judiciary, Public Service Commission, Emergency provisions
and administrative details.
2.British
Constitution
Parliamentary
System, Rule of law, Lagislative
Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary
Privileges and Bicameralism.
3.US Constitution Fundamental rights, independence of judiciary, judicial review,
impeachment of president, removal of Supreme court and high court judges and
post of vice president.
4.Irish
Constitution-
Directive Principles of State Policy, nomination of members of Rajya Sabha and method of
election of president
5.Canadian
Constitution-
Federation with a strong centre, vesting of residuary power in the centre, appointment of
state Governor by the centre and advisory jurisdiction of Supreme Court.
6.Australian Constitution- Concurrent
list, joint sitting of two houses of
Parliament.
7.Constitution of Germany- Suspension
of fundamental rights during
emergency.
8.French
Constitution-
Republic and ideals of liberty,
equality and fraternity in the Preamble.
9.South African Constitution- Procedure
for amendment of the constitution
and election of members of Rajya Sabha.
10.Japanese Constitution- Procedure
established by Law.
11.Constitution of former USSR: Procedure
of five-year plan, fundamental
duties, ideals of justice in Preamble.
Fundamental Rights
They
are justiciable, allowing persons to
move the courts for their enforcement, if and when they are violated.
They are defended and guaranteed by the
Supreme Court. Hence, the aggrieved person can directly go to the Supreme
Court. They can be suspended during the operation of a National Emergency
except the rights guaranteed by Articles
20 and 21
. More, the six rights guaranteed by Article 19 can be suspended
only when emergency is declared on the grounds of war or external aggression
Preamble to the Constitution
The
Constitution begins with the Preamble. The objective resolution proposed by Pt.
Nehru ultimately became the preamble. It contains the summary or essence of the
Constitution. It has been amended by the 42nd Constitutional Amendment Act
(1976), which added three new words— socialist, secular and integrity.
The Preamble in its present form reads: ―We,
THE
PEOPLE
of INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY
of thought, expression, belief, faith and worship;
EQUALITY
of status and of opportunity; and to promote among them all;
FRATERNITY
assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT
ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION‖.
Amendment in the Preamble ?
The
question as to whether the Preamble can be amended under Article 368 of the
Constitution arose for the first time in the historic case of Kesavananda
Bharati (1973). It was urged that the Preamble cannot be amended as it is not a
part of the Constitution. But the Supreme Court held that the
Originally the Constitution provided for
seven fundamental rights:
1.  Right to equality
[Art. 14-18]
2.  Right
to freedom [Art. 19-22]
3.  Right
against exploitation [Art. 23-24].
4.  Right
to freedom [Art. 25-28]
5.  Cultural and
educational rights [Art. 29-30]
6.  Right
to property [Art. 31]
7.  Right
to constitutional remedies [Art. 32]
However,
the ‗right to property‘ was deleted from the list of fundamental rights by the 44th Constitutional Amendment Act, 1978. It has been made a legal right under Article
300- A
in the Constitution. So, at present, there are only six fundamental
rights.
FUNDAMENTAL RIGHTS in Brief
Article 14 :-
Equality before law and
equal protection
of law
Article
15:-
Prohibition
of
discrimination  on 
grounds  only  of
religion, race,
caste, sex or place of
Right
to
birth.
Equality
Article 16 :-
Equality of opportunity
in matters of
public employment
Article 17 :- End
of untouchability
Article  18 
:-  Abolition  of 
titles,
Military
and 
academic  distinctions
are, however,
exempted
Article  19 
:-  It  guarantees 
the
citizens  of 
India  the  following 
six
fundamentals
freedoms:-
Freedom of Speech
and Expression
Freedom of
Assembly
Freedom of form
Associations
Freedom of
Movement
Right to
Freedom
of
Residence
and
Settlement
Freedom
Freedom of
Profession, Occupation,
Trade and
Bussiness
Article 20 :-
Protection in respect of
conviction for
offences
Article  21  :-  Protection  of 
life  and
personal liberty
Article 22 :-
Protection against arrest
and detention in
certain cases
Article 23 :-
Traffic in human beings
Right
Against
prohibited
Exploitation
Article 24 :- No
child below the age
of 14 can be
employed
Article 25 :-
Freedom of conscience
and  free 
profession,  practice  and
propagation of
religion
Right
to
Article
26
:-  Freedom  to 
manage
religious affairs
freedom
of
Article
27
:-
Prohibits
taxes
on
Religion
religious grounds
Article   28  
:-   Freedom   as  
to
attendance
at  religious  ceremonies
in certain
educational institutions
Article 29 :-
Protection of interests of
minorities
Cultural
and
Article
30  :- 
Right  of  minorities 
to
Educational
establish and
administer educational
Rights
institutions
Article  31 
:-  Omitted  by 
the  44th
Amendment Act
Article 32 :- The
right to move the
Supreme  Court
in  case
of
their
Right
to
violation  (called 
Soul  and  heart 
of
Constitutional
the Constitution
by BR Ambedkar)
Remedies
Forms of Writ
check
Habeas  Corpus 
:-  Equality  before
law and equal protection
of law
FUNDAMENTAL DUTIES
A
list of ten fundamental duties was included in the Indian Constitution by the 42nd Amendment Act, 1976 in the form of Article 51 A. For this a
new part was created in the Constitution
in
the form of Part IV-A. It is based on
the
Japanese model. The idea of
including a separate chapter on
duties was recommended by the Swam Singh Committee in view
of the fact that duties and rights are inseparable. Moreover,
subsequently 11th
duty has been added by Constitution
(86th Amendment) Act, 2002 in the form of 51 A (k).
It reads:
“It
shall be the duty of every citizen of India ―who is a parent or guardian to
provide opportunities for education to his child or, as the case may be, ward
between the age of six and fourteen years.”
The
11 duties
It shall be the duty of every citizen of
India –
1.    to
abide by and respect the Constitution, the National Flag, and the National
Anthem.
2.    to
cherish and follow the noble ideals of the freedom struggle.
3.   to
uphold and protect the sovereignty, unity and integrity of India.
4.  to
defend the countnj and render national service when required.
5.   to
promote common brotherhood and establish dignity of women.
6.    to
preserve the rich heritage of the nation ‘s composite culture.
7.  to protect and
improve natural environment.
8.   to
develop scientific temper, humanism and spirit of inquiry.
9.  to
safeguard public property and abjure violence.
10.  to strive for
excellence in all spheres of individual and collective activity.
11.     who
is a parent or guardian to provide opportunities for education to his child or,
as the case may be, ward between the age of six and fourteen years.
The President
Article
52
There
shall be a President of India. Article
53
The executive power of the
Union shall be vested in the
President. He shall exercise the executive power directly or through
subordinate officers in accordance with the constitution.
Thus the President is:
(1)  Executive
head of the Republic.
(2)   All the executive
actions are taken in his name. The executive power vested in the President is
to be exercised on the aid and advice of the Council of Ministers [Article
74(1)]. It is obligatory on the part of President to accept the advice of the
council of ministers as per the 42ndand 44th Constitutional Amendment Acts.
(3)   He
is the first citizen of India and occupies the first position under the warrant
of precedence. Warrant of Precedence indicates the hierarchy of positions
occupied by various dignitaries attending a state function.
(4)  He is the Supreme Commander
of Armed Forces.
Election
of the President
The President of
India is elected by indirect election. He is elected by an electoral college in
accordance with the system of proportional representation by means of the
single transferable vote and the vote being secret.
Article
54
The Electoral
College consists of:
(a)     The elected members
of both houses of Parliament (nominated members are not the members of
electoral college)
(b)      The elected members
of the Legislative Assemblies of the States (including National Capital
Territory    of     Delhi    and     the     Union    Territory     of Pondicherry)
Manner
of Election of the President
The provisions
dealing with the manner of election of the President of India are provided in
Article 55 and the President and Vice-President (Elections) Act of 1952,
amended subsequently in 1974. He is elected following the system of
proportional representation by means of single transferable vote. The formula
is provided by Article 55 of the Constitution:
Value of vote of an MLA =
Total population of the State /
(Total number of elected MLAs) x 1000
This means that the
value of the vote of an MLA differs from one state to another.This is done to
give equality of representation in terms of the population.
Thus an MP will have
the number of votes as determined by this formulae:
The value of vote of an MP = Total votes cast by all the elected MLAs of 28 States and
the two UTs (Delhi & Pondicherry) / (Total number of elected MPs) This
formula is designed to bring parity between the votes of all MLAs and those of
all MPs.
Article 62 of the Constitution provides that an election to fill a vacancy shall be
held as soon as possible after, and in no case later than six months from, the
date of occurrence of the vacancy (if such occurrence of vacancy is caused by
resignation or death or impeachment or otherwise). It also says that the
vacancy caused by the expiration of the term of office must be completed before
the date of expiration of the term.
Qualification
for election as President
(a)  He must be a citizen
of India.
(b)  He
must have completed the age of 35 years.
(c)   He
must be qualified for election as a Member of the House of the People.
(d)   He must not hold any
office of Profit under the Govt. of India or the Govt. of any State or under
any local or other authority subject to the control of any of the said Govt..
However, following persons are not deemed to be holding any office of profit and
hence they cannot be disqualified for election as the President: A sitting President or Vice-President of India/Governor of any state/A minister
of the Union or of any State.
Eligibility
for re-election
A person, who holds or who has held office
as President shall be eligible for reelection to that office.
Impeachment
of the President [Article 61]
(1)   The
President can be removed from his office before the expiry of his term by the
process of impeachment.
(2)   The
President can be impeached only for the violation of the Constitution.
(3)  It is a
quasi-judicial procedure.
(4)   The
impeachment procedure can be initiated in either House of the Parliament. The
resolution must be signed by at least 1/4th of the total membership of the
House. Before the resolution could be passed, a 14 day notice must be given to
the President. Such a Resolution must be passed by a majority of not less than
2/3rd of the total
membership of the House.
(5)   Then,
the other House of Parliament called the
―Investigating
House‖ investigates the charges by itself or cause the charge to be
investigated.
(6)   The
President has the right to appear and to be represented at such investigation
to defend him.
(7)  If,
as a result of the investigation the other House also passes a resolution
supported by not less than 2/3rd of the total membership of House, the
President stands removed from his office from the date on which the
investigating House passed the resolution.
Note:
(a)
The elected members of the legislative assemblies of States have no role in the
impeachment proceedings, while they elect the President.
(b)
The nominated members of the Parliament have the right to deliberate and vote
when the resolution of impeachment is under consideration while they have no
vote in the election of the President.
Vacancy
filled up with Acting President
(1)  In case the office
of the President falls vacant due to death, resignation or impeachment the
Vice-President or in his absent. Chief Justice of Supreme Court or on his
absence, senior most Judge of the Supreme Court becomes President till the
fresh election for the Post and new incumbent assumes office.
(2)  If
the President is not able to discharge his duties due to sickness or absence
due to any other reasons, the Vice-President discharges the functions of the
President    and    is     entitled    to     the    same     salary,


allowances and
privileges which are available to the President under the constitution.
Legislative
powers of President
The legislative
Powers of President are as follows:
1.   The
President summons both the Houses of the Parliament and prorogues them. He or
she can dissolve the Lok Sabha according to the advice of the Council of
Ministers headed by the Prime Minister.
2.  President
inaugurates the Parliament by addressing it after the general elections and
also at the beginning of the first session each year.
3.  All bills passed by
the Parliament can become laws only after receiving the assent of the
President. The President can return a bill to the Parliament, if it is not a
money bill or a constitutional amendment bill, for reconsideration. When after
reconsideration, the bill is passed and presented to the President, with or
without amendments; President is obliged to assent to it.
4.  The
President can also withhold his assent to the bill thereby exercising pocket
veto.
5.   When both Houses of
the Parliament are not in session and if Govt. feels the need for immediate
action, President can promulgate ordinances which have the same force and
effect as laws passed by Parliament.
Eligibility
for re-election
A person, who holds or who has held office
as President shall be eligible for reelection to that office.
Impeachment
of the President [Article 61]
(8)   The
President can be removed from his office before the expiry of his term by the
process of impeachment.
(9)   The
President can be impeached only for the violation of the Constitution.
(10)       
It is a quasi-judicial procedure.
(11)The impeachment procedure can be initiated
in either House of the Parliament. The resolution must be signed by at least
1/4th of the total membership of the House. Before the resolution could be
passed, a 14 day notice must be given to the President. Such a Resolution must
be passed by a majority of not less than 2/3rd
of the total membership of the House.
(12)       
Then, the other House of Parliament called
the
―Investigating
House‖ investigates the charges by itself or cause the charge to be
investigated.
(13)       
The President has the right to appear and to
be represented at such investigation to defend him.
(14)       
If, as a result of the investigation the
other House also passes a resolution supported by not less than 2/3rd of the
total membership of House, the President stands removed from his office from
the date on which the investigating House passed the resolution.
Note:
(a)
The elected members of the legislative assemblies of States have no role in the
impeachment proceedings, while they elect the President.
(b)
The nominated members of the Parliament have the right to deliberate and vote
when the resolution of impeachment is under consideration while they have no
vote in the election of the President.
Vacancy
filled up with Acting President
(3)  In case the office
of the President falls vacant due to death, resignation or impeachment the
Vice-President or in his absent. Chief Justice of Supreme Court or on his
absence, senior most Judge of the Supreme Court becomes President till the
fresh election for the Post and new incumbent assumes office.
(4)  If
the President is not able to discharge his duties due to sickness or absence
due to any other reasons, the Vice-President discharges the functions of the
President             and        is             entitled to            the         same     salary, allowances and
privileges which are available to the President under the constitution.
Legislative
powers of President
The legislative
Powers of President are as follows:
1.   The
President summons both the Houses of the Parliament and prorogues them. He or
she can dissolve the Lok Sabha according to the advice of the Council of
Ministers headed by the Prime Minister.
2.  President
inaugurates the Parliament by addressing it after the general elections and
also at the beginning of the first session each year.
3.  All bills passed by
the Parliament can become laws only after receiving the assent of the
President. The President can return a bill to the Parliament, if it is not a
money bill or a constitutional amendment bill, for reconsideration. When after
reconsideration, the bill is passed and presented to the President, with or
without amendments; President is obliged to assent to it.
4.  The
President can also withhold his assent to the bill thereby exercising pocket
veto.
5.   When both Houses of
the Parliament are not in session and if Govt. feels the need for immediate
action, President can promulgate ordinances which have the same force and
effect as laws passed by Parliament.
Executive
powers of President
The executive powers
of President are as follows:
6.                  
 
1. The President
appoints the Prime Minister, the President then appoints the other members of
the Council of Ministers, distributing portfolios to them on the advice of the
Prime Minister.
7.                  
 
2.The
President is responsible for making a wide variety of appointments. These
include:
8.                  
 
Governors of States/The Chief Justice,other
judges of the Supreme Court and High Courts of India/The Attorney General/The
Comptroller and Auditor General/The Chief Election Commissioner and other
Election Commissioners/The Chairman and other Members of the Union Public
Service Commission/ Ambassadors and High Commissioners to other countries.
9.                  
 
3. The President is
the Commander in Chief of the Indian Armed Forces.
Financial
powers
1.  All money bills
originate in Parliament, but only if the President recommends it.
2.     He
or she causes the Annual Budget and supplementary Budget before Parliament.
3.  The
President appoints a finance commission every five years. The President
appoints a finance commission every five years.
Judicial
powers
1.   The
president appoints the Chief Justice of the Union Judiciary and other judges on
the advice of the Chief Justice.
2.   The
President dismisses the judges if and only if the two
Houses
of the Parliament pass resolutions to that effect by two-thirds majority of the
members present.
3.    He/she has the right
to grant pardon. The President can suspend, remit or commute the death sentence
of any person.
Pardon
– completely absolves the offender Reprieve – temporary suspension of the
sentence Commutation – substitution
of one form a punishment for another
form which is of a lighter character
Respite – awarding a lesser
sentence on special ground
Remission – reducing the amount of sentence without changing its character
Diplomatic
powers
All
international treaties and agreements are negotiated and concluded on behalf of
the President. However, in practice, such negotiations are usually carried out
by the Prime Minister along with his Cabinet (especially the Foreign Minister).
Also, such treaties are subject to the 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, ie the officers from the Indian Foreign Service.
Military
powers
The
President is the supreme commander of the defense forces of India. The
President can declare war or conclude peace, subject to the approval of
parliament. All important treaties and contracts are made in president’s name.
Emergency
powers
The President can
declare three types of emergencies: national, state and financial.
Vice President of India
The Vice-President
is elected by an electoral college consisting of members of both Houses of
Parliament, in accordance with the system of proportional representation by
means of the single transferable vote and the voting in such election is by
secret ballot. The Electoral College to elect a person to the office of the
Vice-President consists of all members of both Houses of Parliament.
The Vice-President
should not be a member of either House of Parliament or of a House of a
Legislature of any state. If a member of either House of Parliament or of a
House of a Legislature of any state is elected as Vice-President, he is deemed
to have vacated his seat in that House on the date he/she enters his office as
Vice-President.
A person cannot be elected as Vice-President
unless she/he-
is a citizen of
India has completed the age of 35 years is qualified for election as a member
of the Council of States
(Rajya
Sabha). He holds any office of profit under the Govt. of India or a State Govt.
or any subordinate local authority.
Removal
of Vice President
The
Constitution states that the Vice President can be removed by a resolution of
the Rajya Sabha passed by an absolute majority (more than 50% of total
membership) and agreed to by a simple majority (50% of voting members) of the
Lok Sabha (Article 67(a)).
Powers
and functions of a VP
The functions of
Vice-President are twofold:
1.          
He acts as the ex-officio Chairman of Rajya
Sabha. In this capacity, his powers and functions are similar to those of the
Speaker of Lok Sabha.
2.       
He acts as President when a vacancy occurs
in the office of the President due to his resignation, removal, death or
otherwise. He can act as President only for a maximum period of six months,
within which a new President has to be elected. Further, when the sitting
President is unable to discharge his functions due to absence, illness or any
other cause, the Vice-President discharges his functions until the President
resumes his office.
While acting as
President or discharging the functions of President, the Vice-President does
not perform the duties of the office of the chairman of Rajya Sabha. During
this period, those duties are performed by the Deputy Chairman of Rajya Sabha.
·        
If the offices of both the President and the
Vice-President fall vacant by reason of death, resignation, removal etc the
Chief Justice of India or in his absence the seniormost judge of the Supreme
Court acts as President.
·        
For the first time, during the 15-day visit
of Dr. Rajendra Prasad to the Soviet Union in June 1960, the then Vice-
President Dr. Radhakrishnan acted as the President.
·        
For the first time, in 1969, when the President
Dr. Zakir Hussain died and the Vice-President V.V. Giri resigned, the Chief
Justice Md. Hidayatullah acted as President.
·             
PRIME
MINISTER
·                    
 
·             
In the scheme of parliamentary system of
government provided by the Constitution, the President is the nominal executive
authority and Prime Minister is the real executive authority. The President is
the head of the State while Prime Minister is the head of the government.
·                    
 
·             
Appointment
of the Prime Minister
·                    
 
·             
Article 75 says that the Prime Minister
shall be appointed by the President. The President appoints the leader of the
majority party in the Lok Sabha as the Prime Minister. But, when no party has a
clear majority in the Lok Sabha, then the President may exercise his personal
discretion in the selection and appointment of the Prime Minister.
·                    
 
·             
Term
·                    
 
·             
The term of the Prime Minister is not fixed and he
holds office during the pleasure of the President. So long as the Prime
Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed
by the President. However, if he loses the confidence of the Lok Sabha, he must
resign or the President can dismiss him.
Powers
and functions of Prime Minister
The
powers and functions of Prime Minister can be studied under the following
heads:
·        
He recommends persons who can be appointed
as ministers by the President.
·        
He can recommend dissolution of the Lok
Sabha to the President at any time.
·        
He is the chairman of the Planning
Commission, National Development Council, National Integration Council,
Inter-State Council and National Water Resources Council.
Central
Council of Minister
As
the Constitution of India provides for a parliamentary system of government
modelled on the British pattern, the council of ministers headed by the prime
minister is the real executive authority is our politico-administrative system.
Article 74 deals with the status of the council of ministers while
Article
75 deals with the appointment, tenure, responsibility, qualification, oath and
salaries and allowances of the ministers.
Note:
The
total number of ministers, including the Prime Minister, in the Council of
Ministers shall not exceed 15% of the total strength of the Lok Sabha. [91st
Constitutional Amendment Act, 2003]
The
council of ministers shall be collectively responsible to the Lok Sabha. A
person who is not a member of either House can also become a minister but he
cannot continue as minister for more than six months unless he secures a seat
in either House of Parliament (by election/nomination). [Art. 75(5)]
The
council of ministers consists of three categories: Cabinet ministers, ministers
of state, and deputy ministers.
Cabinet Ministers: The
cabinet ministers head the important
ministries of the Central government like home, defence, finance and external affairs.
Ministers of State: The
ministers of state can either be
given independent charge of ministries/departments or can be attached to
cabinet ministers.
Deputy Ministers: The
deputy ministers are not given
independent charge of ministries/departments and always assist the Cabinet or
State Minister or both. They are not members of the cabinet and do not attend
cabinet meetings.
Minister
may be taken from members of either House and minister who is member of one
House has the right to speak and take part in the proceedings of the other
House but cannot vote in the House of which he is not member. [Art. 88]
PARLIAMENT OF INDIA
The
House of the People (Lok Sabha)
The
Lok Sabha is the popular house of the parliament because its members are
directly elected by the common electorates of India. All the members of this
House are popularly elected, except not more than two from the Anglo-Indian
community, who can be nominated by the President. In the Constitution, the
strength of the Lok Sabha is provisioned under Art. 81 to be not more than 552
(530 from the States, 20 from the Union Territories and 2 may be nominated from
the Anglo-Indian community). Recently again, the Govt. has extended this freeze
in the Lok Sabha seats till the year 2026 by Constitution (84th
Amendment Act, 2001).
Special
Powers of the Lok Sabha
There
are certain powers, which are constitutionally granted to the Lok Sabha and not
to the Rajya Sabha. These powers are-
1.  Money
and Financial Bills can only originate in the Lok Sabha.
2.  In
case of a Money Bill, the Rajya Sabha has only the right to make recommendation
and the Lok Sabha may or may not accept the recommendation. Also, a Money Bill
must be passed by the Upper House within a period of 14 days. Otherwise, the
Bill shall be automatically deemed to be passed by the House. Thus, the Lok
Sabha enjoys exclusive legislative jurisdiction over the passage of the Money
Bills.
3.The
Council of Ministers are responsible only to the Lok Sabha and hence the
Confidence and No- confidence motions can be introduced in this House only.
4. Under Art. 352,
the Lok Sabha in a special sitting can disapprove the continuance of a national
emergency proclaimed by the President, even if the Rajya Sabha rejects such a
resolution.
Tenure of the Lok Sabha
The normal tenure of
the Lok Sabha is five years. But the House can be dissolved by the President
even before the end of the normal tenure. Also, the life of the Lok Sabha can
be extended by the Parliament beyond the five-year term during the period of
national emergency proclaimed under Art. 352
Qualifications
for the membership of Lok Sabha
To become a member
of the Lok Sabha, the person must:
1.  be a citizen of
India.
2.  be
not less than 25 years of age.
3.  be
a registered voter in any of the Parliamentary constituencies in India.
4.  should not hold any
office of profit
5.  Should
not be insolvent
6.  Should
not be mentally unsound.
Speaker
and Deputy Speaker of Lok Sabha
The Speaker is the
1)  Chief presiding
officer of the Lok Sabha.
2)   The Speaker presides
over the meetings of the House and his rulings on the proceedings of the House
are final.
3)  The Speaker and
Deputy Speaker may be removed from their offices by a resolution passed by the
House by an effective majority of the House after a prior notice of 14 days to
them.
4)  The
Speaker, to maintain impartiality of his office, votes only in case of a tie
i.e to remove a deadlock and this is known as the Casting Vote.
Special powers of the Speaker
There
are certain powers which belong only to the Speaker of Lok Sabha while similar
powers are not available to his counterpart in tine upper house, i.e. the
Chairman of Rajya Sabha. These are-
1.
Whether a Bill is Money Bill or not is certified only by the Speaker and his
decision in this regard is final and binding.
2.    The
Speaker, or in his absence, the Deputy Speaker, presides over the
joint-sittings of the parliament.
3.  The
committees of parliament function essentially under the Speaker and their
chairpersons are also appointed or nominated by him. Members of the Rajya Sabha
are also present in some of these committees.
If the Speaker is a
member of any committee, he is the ex-officio chairman of such a committee.
Special position of the Speaker
The Constitution has
given a special position to the office of the Speaker.
1.  Though
he is an elected member of the Lok Sabha, he continues to hold his office even
after the dissolution of the
2.  House
till a new Lok Sabha is constituted. This is because he not only presides and
conducts the parliamentary proceedings but also acts as the Head of the Lok
Sabha Secretariat which continues to function even after the House is
dissolved.
3.  The
Speaker presides over the joint sitting of the two Houses of the Parliament
4.    Speaker
certifies a Bill as Money Bill and his decision is final in this regard.
5.    The Speaker is
ex-officio President of Indian Parliamentary Group which in India functions as
the national group of Inter-parliament Union.
Pro tem Speaker
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 Pro tem
Speaker.
Usually,
the seniormost member is selected for this. The
President
himself administers oath to the Pro tem
Speaker.
The
Pro tem Speaker has all the powers of
the Speaker. He
presides
over the first sitting of the newly elected Lok Sabha.
His
main duty is to administer oath to the new members.
RAJYA SABHA
The
Rajya Sabha (RS) or Council of States is the upper house of the Parliament of
India. Membership is limited to 250 members, 12 of whom are nominated by the
President of India for their contributions to art, literature, science, and
social services.
The remainder of the
body is elected by the state and territorial legislatures. Members sit for
six-year terms, with one third of the members retiring every two years. The
Rajya Sabha meets in continuous sessions and, unlike the Lok Sabha, the lower
house of Parliament, is not subject to dissolution. The Vice President of India
(currently, Hamid Ansari) is the ex-officio Chairman of the Rajya Sabha, who
presides over its sessions. The Deputy Chairman who is elected from amongst the
RS’s members, takes care of the day-to-day matters of the house in the absence
of the Chairman.The Rajya Sabha held its first sitting on 13 May 1952.
Leader of the House
Besides
the Chairman (Vice -President of India) and the Deputy Chairman, there is also
a function called Leader of the House. This is a cabinet minister – the prime
minister if he is a member of the House, or another nominated minister. The
Leader has a seat next to the Chairman, in the front row.
MEMBER
A person in order to be elected to the Rajya
Sabha must
(a)  be a citizen of
India,
(b)  be
30 years of age on more,
(c)    not
be holding any office of profit under the central or state Govt. or local body
and
(d)  posses all other
qualification prescribed by the act of parliament from time to time.
Powers of Rajya Sabha
So
far as powers of Rajya Sabha is concerned it enjoys co-equal power with the Lok
Sabha in respect of all bills other than money bill. In case of Money Bills
Rajya Sabha has no powers Money Bills can only be introduced in the Lok Sabha.
When it comes to the Rajya Sabha after being passed by the Lok Sabha, the
former can keep it maximum for a period of 14 days only after which it is
deemed to be passed.
Exclusive Functions of Rajya Sabha
The
Rajya Sabha, under Article 249, may by a special majority of two-thirds votes
adopt a resolution asking the Parliament to make laws on subjects of the State
list, in the national interest.
This resolution gets
due attention from the Parliament. The resolution remains valid for one year
only which however can be extended further in terms of another one year.
Secondly, Rajya Sabha can take
steps to create All India Services
by adopting resolutions supported by special majority in the national interest.
Thirdly, Rajya Sabha has the
exclusive right to initiate a
resolution for the removal of the Vice-President. This becomes the exclusive
right of the Rajya Sabha because the Vice-President happens to be its Chairman
and draws his salary as such.
DIFFERENT TERMS RELATED TO PARLIAMENT
a)
Summoning
The President from
time to time summons each House of Parliament to meet. But, the maximum gap
between two sessions of Parliament cannot be more than six months. In other
words, the Parliament should meet at least twice a year. There are usually
three sessions in a year:
·        
the Budget Session (February to May);
·        
the Monsoon Session (July to September); and
·        
the Winter Session (November to December).


The
period between the prorogation of a House and its reassembly in a new session
is called ‗recess‘.
b)
Joint Sitting
Under Article 108,
there is a Provision of Joint sitting of both the Houses of the Parliament.
The
Lok Sabha speaker presides over the joint sitting [Art. 118(4)].
There
are only three occasions in the history of Indian Parliament that the joint
sessions of the Parliament took place. They are as follows:
(i)  In May 1961, for
Dowry Prohibition Bill, 1959.
(ii)  In
May 1978 for Banking Services Commission.
(iii)  In 2002 for POTA
(Prevention of Terrorism Act).
Joint
sitting of both Houses can be convened on two occasions:
(i)      For resolving any deadlock
over the passage of a
Bill.
(ii)        
Special address by the President at the
commencement of the first session after each general election of the Lok Sabha;
First Session of each year (the Budget Session).
Note: Joint sitting cannot
be called for resolving deadlock
regarding ―Money Bill‖ and ―Constitution Amendment Bill‖.
c)
Prorogation
The
presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session
is completed. Within the next few days, the President issues a notification for
prorogation of the session. However, the President can also prorogue the House
while in session.
d)
Adjournment
This
is a short recess within a session of the Parliament, called by the presiding
officer of the House. Its duration may be from a few minutes to days together.
e)
Adjournment sine die
When
the House is adjourned without naming a day for reassembly, it is called
adjournment sine die.
d)
Adjournment
This
is a short recess within a session of the Parliament, called by the presiding
officer of the House. Its duration may be from a few minutes to days together.
e)
Adjournment sine die
When
the House is adjourned without naming a day for reassembly, it is called
adjournment sine die.
Grounds for disqualification of members of
Parliament
There
are five grounds for disqualification of Member of Parliament.
Article 102(1) (a): A Member of Parliament shall be disqualified from
being a member of House, if he holds any office of profit under state other
than an office declared by Parliament by law
not to disqualify
its holder. If he holds an office of profit under state, there emerges a clash
of interest and duty. Interest will prevail over duty. The Parliament enacted
the Parliament (Disqualification of members) Act 1959, which exempts certain
officers of profit whose holders shall not be disqualified from being members
of Parliament.
Article 102(1) (b): If the Member of Parliament is of unsound mind and
stands so declared by the court of law
Article 102(1) (c):
If he is a discharged insolvent declared by court of law.
Article
102(1) (d): If he is not a citizen of India or has acquired the citizenship of
a foreign state or is under any acknowledgement of allegiance to a foreign
state.
Article 102(2): If a person is disqualified being a Member of Parliament
under anti-Defection Law (Tenth Schedule).
Legislative procedures in Parliament
The
legislative procedure is identical in both the Houses of Parliament. Every bill
has to pass through
the
same stages in each House. A bill is a
proposal
for legislation and it
becomes an act or law when duly enacted
.
Bills
introduced in the Parliament are of two kinds: public bills and private
bills
(also known as government
bills and private members‘ bills respectively). Though both are governed by the
same general procedure and pass through the same stages in the House, they
differ in various respects.
BILLS IN PARLIAMENT
The
four kinds of bills mentioned in the Constitution are:
Ordinary Bill Money Bill Financial Bill Constitutional Amendment Bill
Ordinary
Bill
Any bill other than
Money, Financial or Constitution Amendment bill is called an Ordinary bill. It
can be introduced in either Houses of the Parliament. It does not need the
recommendation of the President for its introduction in Parliament (except a
bill under article 3). It is passed by a simple majority by both the Houses.
They enjoy equal legislative powers over the passage of an ordinary bill. If
there is a deadlock over the bill it can be resolved in a joint sitting of both
the Houses of Parliament.
Money
Bill
A bill that deals
exclusively with money matters that are mentioned in Article 110 in
Constitution is called a Money Bill. These Money matters are:
(1)  Imposition,
abolition or alternation of any tax.
(2)    The
borrowing of any money or giving any guarantee by the Govt. of India.
(3)  The
custody of the Consolidated Fund of India or Contingency fund of India or
deposition or withdrawal of any money from any such funds.
(4)    The
appropriation of the money out of the Consolidated Fund of India.
(5)    Declaring
any expenditure as charged on the Consolidated Fund of India.
(6)     The receipt of money
on the account of consolidated Fund of India or Public Account of India.
(7)  Any
matter that is incidental to the above matters. Appropriation – Authorize
someone to withdraw and spend withdraw you withdraw and spend.
A
money bill can be introduced only in Lok Sabha on the recommendation of the
President. It is passed by a simple majority by both the Houses of Parliament.
The Lok Sabha enjoys overriding legislative power in the passage of a money
bill and Rajya Sabha cannot reject or approve a money bill by virtue of its own
legislative power. Any money bill shall bear the certificate of speaker that it
is a money bill. The Speaker‘s decision in this regard is final and binding and
cannot be questioned in any court of law.
A
money bill is transmitted to Rajya Sabha after it has been passed by Lok Sabha.
The Rajya Sabha can exercise any of the following four options:
(i)  It also passes the
bill.
(ii)   It rejects the bill
outright – upon being rejected the bill is deemed to have been passed by both
the Houses.
(iii)   The Rajya Sabha does
not pass the bill for 14 days, then on the expiry of 14th day after having
received the bill it is deemed to have been passed by both the Houses.
(iv)The
Rajya Sabha suggests amendments to the bill, the bill then goes back to the
power House. If the Lok Sabha accepts one or more of the amendment then the
bill is deemed to have been passed in that form on the other hand if Lok Sabha
rejects the amendment then the bill is deemed to have been passed in its
original form.
There is no deadlock
between the Houses over the passage of a money bill. When a money bill is
presents to the President, under the Constitution he shall declare that he give
assent or withhold assent.
Financial
Bill
A
Bill apart from dealing with one or more money matters if also deals with one
or more non-money matters then it is called a financial Bill. It is introduced
in the same manner as that of money Bill. Since it contains non-money matters
after its introduction, it is passed in same manner an ordinary bill is passed.
Constitutional
Amendment Bill
A bill introduced
under article 368 to amend one or more provisions of the Constitution is called
a Constitutional Amendment Bill. It can be introduced in either House of the
Parliament. It does not require the recommendation of President for its
introduction. It shall be passed by both the House of the Parliament sitting
separately by majority of not less than 2/3rd of members present and voting and
a majority of total strength of the House. The Constitution does not provide
for a joint sitting of both the Houses of the Parliament if a deadlock develop
between the two Houses over the passage of a Constitutional Amendment Bill.
Veto power of the President:
A bill passed by the
Parliament can become an act only if it receives the assent of the President.
However, the President has the veto power over the
bills passed by the
Parliament, i.e. he can withhold his assent to the bills.
·        
Absolute
Veto
It
refers to the power of the President to withhold his assent to a bill passed by
the Parliament. The bill then ends and does not become an act. Usually, this
veto is exercised in the following two cases:
a)  With respect to
private members‘ bills; and
b)   With
respect to the government bills when the cabinet resigns (after the passage of
the bills but before the assent by the President) and the new cabinet advises
the President not to give his assent to such bills.
·        
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. The President does not possess
this veto in the case of money bills.
·        
Pocket Veto
In this case, the
President neither ratifies nor rejects nor returns the bill, but simply keeps
the bill pending for an indefinite period. This power of the President not to
take any action (either positive or negative) on the bill is known as pocket
veto. There is no time limit for the President to give comment on bills under
this veto.
Emergency provisions in India
Emergency provisions are adopted in India
from Weimar Constitution of Germany.
In
Indian constitution there are three kind of emergency provisions:
(1)  Article 352 – National Emergency
(2) 
Article
356 – President’s Rule
(3) 
Article
360 – Financial Emergency
National
Emergency (Article 352)
a)  If the President is
satisfied that there exist a grave emergency whether due to war or external
aggression or armed rebellion, then President can proclaim emergency to that
effect. Such a proclamation can be made for the whole of India or any part
thereof. The President can proclaim National Emergency only on the written
advice of the Cabinet.
b)  The
President has power to revoke or modify the National Emergency. All such
proclamations of Emergency shall have to be sent to Parliament for approval and
it ceases to be operational if not approved within 1 month of the proclamation
of Emergency. Such approval by Parliament is to be on the basis of Special
Majority of not less than 2/3rd of members present and voting and the majority
of the House. Emergency shall be imposed for not more than 6 months from the
date of approval.
c)    At
the expiry of 6 months it ceases unless approved by Parliament again. If Lok
Sabha is dissolved then proclamation of Emergency, it must be approved by the
Rajya Sabha within 1 month and reconstituted Lok Sabha must approve within 1
month of its reconstitution.
d)     
Lok Sabha enjoys powers to disapprove
continuation of Emergency at any stage. In such case if not less than 1/10th of
members (55) of Lok Sabha give in writing to the Speaker if Lok Sabha is in
session or to the President if Lok Sabha is not in the session, expressing
intention to more resolution for the disapproval of National Emergency. Then
special session of Lok Sabha shall be convened within 14 days. If Lok Sabha
disapproves continuance of National Emergency then President shall have to
revoke National Emergency.
Emergency     in     States     on     President’s     Rule
(Article
356)
Under
Article 356 if the President is satisfied on the report of Governor or
otherwise that there exists a grave situation in a State where the
administration of the State cannot be carried out in accordance with provisions
of Constitution, than he can:
(a)   Takeover the
administration of the State himself
and
(b)     
Notify that the Parliament shall exercise
jurisdiction over State subject for the State concerned, the President cannot
take over the powers conferred on the High Courts of State concerned.
Every
proclamation made under Article 356 ceases to be in operation unless approved
by both Houses of the Parliament within 2 months after its proclamation. Once,
approved by Parliament, Emergency shall be enforced for not more than 6 months
from the date of proclamation by the President.
Such
an approval by the Parliament needs only simple Majority. If Lok Sabha stands
dissolved then Rajya Sabha shall have to approve it within 2 months and Lok
Sabha shall approve it within 1 month of its reconstitution. However,
Parliament can extend it for a further period of 6 months only.
If
it has to approve beyond 1 year then two conditions shall have to be satisfied.
There
shall be National Emergency in force either in whole of the State concerned on
in part thereof.
Election Commission
is satisfied that under prevailing conditions general election to State
Legislative Assembly of the State concerned cannot be held.
But
under no circumstances, State Emergency cannot be extended beyond 3 years. To
extend it further, constitutional amendment is required.
Financial
Emergency
Under Article 360
the President enjoys the power to proclaim the financial Emergency. If he is
satisfied that a situation has arisen that financial stability and credit of
India or any part thereof is threatened he may proclaim emergency to that
effect.
All such proclamations:
(a)  Can
be varied or revoked by the President.
(b)   Financial Emergency
must be approved by the Parliament within 2 months after its proclamation. Once
it is approved, it will remain till the President revokes it.
Effects
of Financial Emergency
(1)      President is
empowered to suspend the distribution of financial resources with States.
(2)   President
can issue directions to States to follow canons of financial propriety.
(3)   He
can direct State Govt. to decrease salaries allowances of Civil Servants and
other Constitutional dignitaries.
(4)   President
can direct the Govt. to resume all the financial and Money Bills passed by
legislature for his consideration. The President can issue directions for the
reduction of salaries and allowances of Judges of the Supreme Court and the
High Courts.
STATE LEGISLATURE
The    State     Legislature     Legislative     Assembly
(Vidhan Sabha)
The Vidhan Sabha or
the Legislative Assembly is the lower house of the state legislature in the
different states and for the two of the union territories, Delhi and
Pondicherry. Members of a Vidhan Sabha are direct representatives of the people
of the particular state as they are directly elected by the adult suffrage.
Each Vidhan Sabha is formed for a five year term after which all seats are up
for election. The maximum size of Vidhan Sabha is not more than 500 members and
not less than 60. However, the size of the Vidhan Sabha can be less than 60
members through an Act of Parliament, such is the case in the states of Goa,
Sikkim and Mizoram. The Governor can appoint one member to represent the
Anglo-Indian community if he or she finds that community to not be adequately
represented in the House.
Qualification
to be a member of Vidhan Sabha
1.  To
become a member of a Vidhan Sabha:
2.  A person must be a
citizen of India
3.  She/he must have
attained 25 years of age.
4.   She/he
should be mentally sound and should not be bankrupt.
5.  She/he should also
state an affidavit that there are no criminal procedures against him.
Vidhan
Sabha via-a-vis Lok Sabha
The position of
Vidhan Sabha is relatively stronger than Lok Sabha when it comes to the
relation with the respective upper houses. The following are differences in the
legislative procedures:
1.   As
regard to Money Bills the position of Vidhan Sabha is same as that of Lok
Sabha. The upper houses at Union and at the states have no powers for the
amendments or to withhold the Bill for the period for more than 14 days from
the date of receipt of the Bill.
2.  In
case of Bills other than money Bills the position of Vidhan Sabha is stronger
as compared to Lok Sabha. While disagreement between the two Houses of the
Union Parliament is resolved by
―Joint Sitting‖,
there is no such provision of solving the deadlock at the state level. The will
of the Vidhan Sabha shall ultimately prevail. The upper house at the state
level can just delay the bill for the maximum period of 4 months i.e. 3 months
in first journey and
1  month
in second journey.
3.   While
the period for passing a Bill (other than money Bill) from Rajya Sabha is six
months is the case of Legislative Councils it is just three months.
Legislative Council (Vidhan Parishad)
The Legislative
Council is a permanent body that cannot be dissolved; each Member of the
Legislative Council (MLC) serves for a six-year term, with terms staggered so
that the terms of one-third of a Council’s members expire every two years. This
arrangement parallels that for the Rajya Sabha, the upper house of the
Parliament of India. Six states in India have a Legislative Council: Andhra
Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh.
Qualification to be a member of Vidhan
Parishad
Eligibility
criteria to be the member of Vidhan Parishad:
She/he must be
citizen of India
She/he must have
attained at least 30 years of age She/he must be mentally sound,
She/he
must not be a bankrupt
She/he must be
listed the voters’ list of the state for which he or she is contesting an
election.
Election
of members of Legislative Council
One-third of the members are elected by members of
local bodies such as corporations, municipalities, and Zilla Parishads
One-third
of the members are elected by members of Legislative Assembly from among the
persons who are not members of the Assembly.
One-twelfth
of the members are elected by the persons who are graduates of three years’
standing residing in that state.
One-twelfth
are elected by persons engaged for at least three years in teaching in
educational institutions within the state not lower than secondary schools,
including colleges and universities.
One-sixth are
nominated by the governor from persons having knowledge or practical experience
in fields such as literature, science, arts, the co-operative movement and
social service.
The
Governor is merely appointed by the President which really means, by the Union
Council of Ministers. The Governor holds office during the pleasure of the
President, there is no security of his tenure. He can be removed by the
President at any time. There is no impeachment process for removal of Governors
as prescribed in constitution in the case of President.
The
powers of Governors
Executive
Powers
The
Governor appoints the Chief Minister who enjoys the support of the majority in
the Vidhan Sabha.
The
Governor also appoints the other members of the Council of Ministers and
distributes portfolios to them on the advice of the Chief Minister.
He/she
also appoints the Advocate General and the chairman and members of the State
Public Service Commission.
The Governor
appoints the judges of the District Courts.
Legislative
Powers
The Governor summons
the sessions of both houses of the state legislature and prorogues them. The
Governor inaugurates the state legislature by addressing it after the assembly
elections and also at the beginning of the first session every year.
The
Governor can even dissolve the Vidhan Sabha. These powers are formal and the
Governor while using these powers must act according to the advice of the
Council of Ministers headed by the Chief Minister.
The Governor’s
address on these occasions generally outlines new policies of the state Govt.


A bill that the
state legislature has passed can become a law only after the Governor gives
assent. The Governor can return a bill to the state legislature, if it is not a
money bill, for reconsideration The Governor has the power to reserve certain
bills for the President.
When
the state legislature is not in session and the Governor considers it necessary
to have a law, then the Governor can promulgate ordinances.
Financial
Powers
Money
bills can be introduced in the State Legislative Assembly only on the prior
recommendation of the Governor.
Governor also causes
to be laid before the State Legislature the annual financial statement which is
the State Budget.
Further no demand
for grant shall be made except on his/her recommendation.
He
can also make advances out of the Contingency Fund of the State to meet any
unforeseen expenditure.
Governor constitutes
the State Finance Commission
Discretionary
Powers
There
are situations when the Governor has to act as per his/her own judgment and
take decisions on his own. Such powers are called discretionary Powers:
When
no party gets a majority in the Vidhan Sabha, the Governor can either ask the
leader of the single largest party or the consensus leader of two or more to
form the Govt.. The Governor then appoints the leader of the largest party to
Chief Minister.
The
Governor can send a report to the President informing him or her that the
State’s constitutional functioning has been compromised and recommending the
President impose “President’s rule” upon the state.
Governor can reserve
any Bill for the President.
Governor’s
power of Veto
When
a Bill is presented before the Governor after its passage by the house(s) of
the state legislature, the Governor may take any of the following steps:
1.  He may declare his
assent to the Bill
2.  He
may declare that he withholds his assent to the Bill
3.  He may (in case of a
Bill other than money Bill), return the Bill with a message
4.
The Governor may also reserve a Bill for the consideration of President
The
President enjoys absolute veto in the case of Bills reserved for him by the
Governors. The president may act in the following manner:
1.  In
case of money Bill President may either declare his assent or withhold his
assent.
2.   In the case of Bills
other than money Bill the President apart from declaring his assent or refusing
it, direct the Governor to return the Bill to the Legislature for
recommendations in such cases.
Local
Self-Governance
Panchayati Raj
The Panchayati Raj System is the first
tier
or level of democratic government.
The term Panchayati
Raj in India signifies the system of rural local self-government. It was
constitutionalized through the 73rd
Constitutional
Amendment Act of
1992.
The development of the village was the immediate problem faced by our
country after independence. Hence the Community
Development Programme
was launched in 1952 with a view to carrying out the
integral rural development work. was the first state to set up Panchayati Raj
System in 1959 followed by Andhra Pradesh.
Main
Provisions of 73rd Amendment Act
·        
This act has added a new Part-IX to the Constitution of India.
·        
It is entitled as ‗The Panchayats‘ and
consists of provisions from Articles
243(A) to 243
(O). In addition, the
act has also added a new Eleventh Schedule to the Constitution.
It contains 29 functional items of the panchayats.
·        
Fixing tenure of five years for Panchayats
at all levels and holding fresh elections withing six months in the event of supersession
of any Panchayat.
·        
Reservation of 1/3 seats (both members and
chiarpersons) for women in Panchayats at all the levels.
·        
The Act provides for a three-tier systerm of
the Panchayati Raj in the states namely:
(i)  Gram Panchayat at
the Village level.
(ii)  Panchayat Samiti at
the Block level.
(iii)  Zila Parishad at
the District level.
Compulsory
Provisions for Panchayati Raj Institutions
1.  Organisation
of Gram Sabha in a village or group of villages.
2.     Establishment of
Panchayats at the village, intermediate and district levels.
3.   21 years to be the minimum
age for contesting elections to
Panchayats.
4.     
Reservation of seats (both members and
chairpersons) for SCs and STs in Panchayats at all the three levels.
5.   Reservation
of one-third seats (both members and
chairpersons) for women in Panchayats at all the three levels.
6.   Fixing tenure of five years for Panchayats at all levels
and holding fresh elections within six months in the event of supersession of
any Panchayat.
7.   Establishment of a State Election Commission for conducting
elections to the Panchayats.
8.   Constitution
of a State Finance Commission after
every five years to review the financial position of the panchayats.
Organisational
Struture
(i)
Gram Panchayat at the Village level
The members of the
Gram Panchayat are elected by the Gram Sabha. The Pradhans (Presidents) of the Gram Sabha are the ex-officio members
of the Gram Panchayat. Note: Gram Sabha
means a body consisting of persons registered in the electoral roles relating
to a village comprised within the area of Panchayat at the village level.
(ii)
Panchayat Samiti at the Block level
The
Panchayat Samiti has many Gram Panchayats under it. All the Presidents of the
Panchayats within the Block are the ex
officio
members of the
‗Panchayat Samitis‘.
(iii)  Zila Parishad at the District level
·        
Zila Parishad is an apex body under the
Panchayati Raj. It co-ordinates the activities of the various Panchayat
Samitis.
·        
Zila Parishad actually makes developmental
plans at the district level.
With the help of Panchayat Samitis, it also regulates the money
distribution among all the Gram Panchayats
Urban Local Governance
The term ‗Urban
Local Government‘ in India signifies the governance of an urban area by the
people through their elected representatives.
74th
Amendment of 1992
This
act has added a new Part IX-A to the
Constitution of India. It consists of provisions from
Articles
243-P to
243-ZG. In addition, the
act has also added a new Twelfth
Schedule
to the Constitution.
The Amendment has added 18 new Articles relating to urban local bodies
in the Constitution.
The institutions of
self government are called by a general name ―Municipalities‖.
Three Types of Municipalities: The
act provides for the constitution of
the following three types of municipalities in every state:
A nagar panchayat for a transitional area, that is, an area in
transition from a rural area to an urban area.
A municipal council
for a smaller urban area.
A municipal
corporation for a larger urban area.
Composition: All
the members of a municipality shall be
lected directly by the people of the municipal area. For this purpose, each
municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may
provide the manner of election of the chairperson of a municipality.
Reservation of Seats: The act provides for
the reservation of seats for the
scheduled castes and the scheduled tribes in every municipality in proportion
of their population to the total population in the municipal area. Further, it
provides for the reservation of not less than one-third of the total number of
seats for women (including the number of seats reserved for woman belonging to
the SCs and the STs).
Duration of Municipalities: The act provides for
a five year term of office for every
municipality. However, it can be dissolved before the completion of its term.
Supreme Court of India
Supreme Court of India is the highest judicial forum and final court of
appeal. According to the Constitution of India, the role of the Supreme Court
is that of a federal court and guardian of the Constitution
Composition
of Supreme Court
Under
Article 124(1) the constitution originally provided for 1 Chief Justice of
India and not more than 6 other judges. The constitution authorizes the
Parliament to provide by law in fixing the Strength of the judges of the
Supreme Court.
The Parliament
passed the Supreme Court (Number of Judges) thus accordingly, a Constitutional
Amendment Act in 2008 has increased the strength of Supreme Court to 31 (1
Chief Justice + 30 other judges).
Qualification
to be a judge of Supreme Court
1.  A
person must be a citizen of India
2.  He/she
must have been, for at least five years, a Judge of a High Court or of two or
more such Courts in succession
3.  Or
an Advocate of a High Court or of two or more such Courts in succession for at
least ten years
4.   Or the person must
be, in the opinion of the President, a distinguished jurist.
Removal of judges of Supreme Court
Article
124(4) provides for the removal of a judge of the Supreme Court. He is removed
by the President upon an address by both the Houses of the Parliament supported
by a majority of not less than 2/3rd of members present and voting and a
majority of total strength of the House on the ground of misbehavior or
incapacity.
The President shall pass the order of
removal in the same session in which the Parliament passed the resolution.
Article
124(5) confers the power on the
Parliament to provide by law for the procedure for the Presentation of an
address and for the investigation for proof of misbehavior or incapacity of a
judge. Accordingly the Parliament passed Judges (Inquiry) Act 1968 which states
that a resolution seeking the removal of a judge of
Supreme Court can be
introduced in either House of Parliament.
It
should be supported by not less than 100 member of Lok Sabha.
If
it is to be introduced in Rajya Sabha it should be supported by no less than 50
members of Rajya Sabha.
Once
the resolution is initiated in either house of the parliament, the presiding
officer of that House shall appoint a three member Judicial Committee to
investigate into
charges and provide proof of misbehavior or incapacity.
The judicial
committee shall be headed by a serving judge of the Supreme Court. Second
member can be a serving judge of the High Court and the third member can be an
eminent jurist.
The
Court divided the entire process of removal of a judge into two parts mainly
Judicial Act and Political Act. Whenever the authority concerned does not enjoy
discretionary power it is called Judiciary act and the judge concerned does not
enjoy the right to be heard in such cases.
The judicial parts consist of:
1.   The
presiding officer appointing a three member judicial committee.
2.  Judicial
committee investigating the charges.
3.   The President
passing the order of removal of a Judge
Whereas the political parts consist of:
1.  Introduction
of resolution in Parliament.
2.  Houses
of Parliament passing the resolution.
The Court also
clarified that the Parliament is not bound to pass the resolution even if the
judicial committee establish proof of misbehavior or incapacity. However, if
the Judicial Committee failed to provide proof of misbehavior or incapacity,
the Parliament cannot take up the resolution process further.
SUPREME
COURT IN INDIA(JURISDICTION)
The
Supreme Court of India is the highest judicial forum and final court of appeal
as established by Part V, Chapter IV of the Constitution of
India.
Articles 124 to 147 of the Constitution of India
lay down the composition and jurisdiction of the Supreme Court of
India.
The
Supreme
Court
has
Advisory
jurisdiction.
The
Supreme
Court
is
the
highest appellate   court which   takes  
up
appeals
against
the
verdicts
of
the High
other
courts of the
states and territories.
The Supreme Court
has the power to transfer the cases from one High Court to another and even
from one District Court of a particular state to another District Court of the
other state. The Supreme Court has the power of Constitutional review. The Supreme Court of
India held its inaugural sitting on 28 January 1950.
Salary –Article 125 of the Indian Constitution leaves
it to the Indian Parliament to
determine the salary, other allowances, leave of absence, pension, etc. of the
Supreme Court judges. However, the Parliament cannot alter any of these
privileges and rights to the judge’s disadvantage after his appointment. A
judge gets 90,000 and the Chief Justice gets a
sum of  1,00,000.
Some Important Points on SC
1.   
The first woman judge of the Supreme Court
was Justice Fatima Beevi in 1987. However, there has been no female Chief
Justice
2.   
Ad hoc Judges:
a)     Ad hoc Judges are
non-Supreme Court judges who sit in the Supreme Court when there is
insufficient quorum to perform the judicial duties.
b)    Ad
hoc Judges are appointed by the Chief Justice after obtaining consent from the President.
c)     Serving(HC)
and retired(SC & HC) judges of the Supreme Court (and High Courts) can sit
and act as ad hoc Judges of the Supreme Court.
d)    Only such persons
can be appointed as ad hoc Judges who are qualified to be appointed as a
regular Judge of the Supreme Court
3.   
The Chief Justice administers the oath
infront of the President.
4.   
The first Chief Justice of India was H J
Kania (1950 – 1951).
5.   
The shortest tenure was for K N Singh (Nov
1991
– Dec 1991, UP)
The
longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)
JURISDICTION OF THE SUPREME COURT:
a)  Original Jurisdiction:
1.   Original
Jurisdiction means that certain types of cases can originate with the Supreme
Court only
2.  The
Supreme Court has original jurisdiction in
a)     Disputes
between the Centre and one or more states.
b)    Disputes
between the Centre and any state(s) on one side and one or more states on the
other side.
c)     Disputes
between two or more states.
Disputes
regarding the enforcement of Fundamental Rights
b) Appellate Jurisdiction:
Appellate
Jurisdiction means that appeals against judgements of lower courts can be
referred to SC as the Supreme Court is the highest court of appeal in the
country.
c) Advisory Jurisdiction:
1.   Advisory
Jurisdiction refers to the process where the President seeks the Court‘s advice
on legal matters.
2.  If
the President asks for advice from the Supreme Court, the Court is duty-bound
to give it. However, it is not binding on the President to accept the advice.
HIGH COURT
1)    The
High Court is at the apex of the judicial administration of the state.
2)    Art
214 of the Constitution provides that there shall be a High Court for each
state of the Indian union. But the Indian Parliament is empowered to establish
a common High Court for two or more states and to extend the jurisdiction of a
High Court to a union territory. Similarly, Parliament can also reduce the area
of jurisdiction of a High Court.
3)    The High Court
consists of a Chief Justice and some other Judges. The number of judges is to
be determined by the President of Indian from time to time.
4)    The
Chief Justice of a High Court is appointed by the President in consultation
with the Chief Justice of the Supreme Court and the Governor of the state
concerned. The procedure for appointing other judges is the same except that
the Chief Justice of the High Court concerned is also consulted. HC JUDGE hold
office until they attain the age of 62 years and are removed from office in the
same manner as a judge of the Supreme Court.
Qualification
A person shall be qualified for appointment as a judge of the High Court
if
(a)  he is a citizen of
India,
(b)   has
for at least ten yeas held a judicial office in the territory of India, or
(c)   has
for at least ten years been an advocate of a High Court, or of two or more such
courts in succession.
Every judge of the High Court before entering upon his office shall make
and subscribe before the Governor of the state, an oath of affirmation in the
form prescribed by the Constitution.
Removal of judges
A judge of the High
Court shall hold office until he attains the age of 62 years. A judge may
resign from his office by writing under his hand to the president of India. He
can also be removed by the President of India on the ground of proved
misbehavior or inefficiency if a resolution to that effect is passed by both
the Houses of Parliament by a two-thirds majority of the total members present
and voting, supported by a majority of the total membership of each house.
Jurisdiction of a HC
The High Court has
Original jurisdiction in such matters as writs and Appellate jurisdiction over
all subordinate courts in their jurisdiction.
Every High court has the power to issue to
any person or authority including any Govt. within its jurisdiction, direction,
or orders including writs which are in the nature of habeas corpus, mandamus
prohibition, qua-warranto and certiorari or any of them for enforcement of
fundamental rights conferred by part
III of the
constitution and for any other purpose.
1)  
Election petitions
challenging the elections of Members of Parliament or member of State
Legislative Assembly or other local bodies can be filed in the concerned High
Court.
2.The High Courts have Appellate jurisdiction in
both civil and criminal cases against the decisions of lower courts Under
Revisory jurisdiction, the High Court is empowered to call for the records of
any court to satisfy itself about the correctness of the legality of the orders
passed.
This power may be exercised
on the petition of the interested party or it can suo moto call for the records
and pass necessary orders.
All Courts excepting
tribunals dealing with the Armed forces, are under the supervision of the High
Court.Tribunals dealing with the Armed forces are not under the supervision of
HC.
This
power is enjoyed under Art 227 of the Constitution. Thus administration of the
state’s judiciary is the essential function of the High Court.
Types of Writs:
1.
Writ of Habeas Corpus :
(a)  Habeas
Corpus means ‗you may have the body‘.
(b)  This
ensures that a prisoner can be released from unlawful detention—that is,
detention lacking sufficient cause or evidence.
2. Writ of Quo Warranto :
(a)  The
meaning of the term Quo Warranto is ‗by what authority‘.
(b)  The
writ shall be issued only when the public office is held by a particular person
in an illegal manner.
(c)  If
a person has usurped a public office, the Court may direct him not to carry out
any activities in the office or may announce the office to be vacant.
3.
Writ of Mandamus :
(a)  A
writ of mandamus is an order issued by a superior court to a lower court or
other entity commanding the lower court, corporation or public authority to
perform or not perform specific acts.
(b)  It
cannot be issued to compel an authority to do something against statutory
provision.
(c)  For example, it
cannot be used to force a lower court to reject or authorize applications that
have been made, but if the court refuses to rule one way or the other then a
mandamus can be used to order the court to rule on the applications
4.
Writ of Certiorari :
(a)  It
is a writ (order) of a higher court to a lower court to send all the documents
in a case to it so the higher court can review the lower court‘s decision.
(b)  It
is a writ seeking judicial review.
(c)  The granting of this
writ does not necessarily mean that the Supreme Court disagrees with the
decision of the lower court. Granting a writ of certiorari means merely that at
least four of the justices have determined that the circumstances described in
the petition are sufficient to warrant review by the Court.
5.
Writ of Prohibition :
(a)  A
writ of prohibition is issued primarily to prevent an inferior court from
exceeding its jurisdiction.
,
or acting contrary to the rule of natural justice, for example, to restrain a
Judge from hearing a case in which he is personally interested.
(b)These Writs are issued as ―alternative‖ or
―peremptory.‖ An alternative Writ directs the recipient to immediately act, or
desist, and ―Show Cause‖ why the directive should not be made permanent. A speremptory
Writ directs the recipient to immediately act, or desist, and ―return‖ the
Writ, with certification of its compliance, within a certain time.
(c)
The writ can be issued only when the proceedings are pending in a court if the
proceeding has matured into decision, writ will not lie.
Union
Territories
·      
Articles
239 to 241
in Part VIII of the Constitution deal with the union territories. Even though all the
union territories belong to one category, there is no uniformity in their
administrative system.
·      
Every union territory is administered by the
president acting through an administrator appointed by him. An administrator of
a union territory is an agent of the president and not head of state like a
governor.
·      
The president can specify the designation of
an administrator; it is Lieutenant Governor in the case of Delhi, Puducherry
and Andaman and Nicobar Islands and Administrator in the case of Chandigarh,
Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.
·      
The Parliament can make laws on any subject
of the three lists (including the State List) for the union territories. This
power of Parliament also extends to Puducherry and Delhi, which have their own
local legislatures but the legislative assembly of both (Delhi and Puducherry)
can also make laws on any subject of the State List and Concurrent List. This
means that the legislative power of Parliament for the union territories on
subjects of the State List remain unaffected even after establishing a local
legislature for them.
Special Status of Jammu and Kashmir
Article 370 in Part
XXI of the Constitution grants a special status to it. Accordingly, all the
provisions of the Constitution of India do not apply to it. It is also the only
state in the Indian Union which has its own separate Constitution.
The important features of the special state
are as follows:
1.       
Contrary to the case with the other states,
the residuary power lies with the legislature of the Jammu and Kashmir (and not
the Parliament).
2.         
The state has its own Constitution. This
also implies that ‗dual citizenship‘ principle is followed in this state.
3.       
Part-IV (Directive Principles of State
Policy) and Part- IV(A) (Fundamental Duties) are not applicable to the state.
4.      
The National Emergency proclaimed only on
the ground of war or external aggression shall have automatic extension to the
state of J&K. This means that the National Emergency proclaimed on the
ground of armed rebellion shall not have automatic extension to J&K.
5.             
Financial Emergency (Art 360) cannot be imposed on
the state.
6.      
Art. 19(1) and 31(2) have not been abolished
for this state and hen ce ―right to property‖ still stands guaranteed to the
people of J&K.
7.       
The Parliament is not empowered to make laws on the
subjects of state list (7th schedule) for the state of J&K under any
circumstance.
8.      The Governor of the
state is to be appointed only after consultation with the Chief Minister of
that state.
GOVENRNMENT BODIES
Election
Commission
·        
The Election Commission is a permanent,
independent body established by the Constitution of India directly to ensure
free and fair elections in the country. Article 324 of the Constitution
provides that the power of superintendence, direction and control of elections
to parliament, state legislatures, the office of president of India and the office
of vice-president of India shall be vested in the election commission.
·        
Elections are conducted according to the
constitutional provisions supplemented by laws made by Parliament.
·        
The major laws are Representation of the
People Act, 1950, which mainly deals with the preparation and revision of
electoral rolls, and the Representation of the People Act, 1951, which deals in
detail with all aspects of conduct of elections and past election disputes.
·        
The electoral system in India in borrowed
from the one operating in Great Britain. Presently, the Election Commission
consists of one Chief Election Commissioner (CEC) and two Election
Commissioners.
·        
The Commission works under the overall
supervision of the Chief Election Commissioner.
·        
The tenure of the CEC and the Election
Commissioners has been fixed as six years,
subject
to the maximum age limit of 65 years (whichever is earlier).
·        
The Chief Election Commissioner and the
Election Commissioners are placed at par in matters of salary and allowances and
they are the same as those of a judge of Supreme Court.
·        
The Chief Election Commissioner is not
eligible for reappointment.
·        
The Election Commission is not concerned
with the elections to Panchayats and municipalities in the states.
·        
The elections to the Panchayats and the
municipalities in the states are conducted by
‗State Election
Commissions‘.
Independence
of CEC
Article 324 of the
Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of the Election Commission:
1.       The Chief Election
Commissioner is provided with the security of tenure. He cannot be removed from
his office except in same manner and on the same grounds as a judge of the
Supreme Court.
2.        
The Election Commissioner cannot be removed
from office except on the recommendation of the Chief Election Commissioner.
Powers and functions
1.      
To determine the territorial areas of the
electoral constituencies throughout the country on the basis of the
Delimitation Commission Act of Parliament.
2.       
To prepare and periodically revise electoral
rolls and to register all eligible voters.
3.        
To notify the dates and schedules of
elections and to scrutinise nomination papers.
4.      
To grant recognition to political parties
and allot election symbols to them.
5.       To act as a court
for settling disputes related to granting of recognition to political parties
and allotment of election symbols to them.
6.     
To determine the code of conduct to be
observed by the parties and the candidates at the time of elections.
7.        
To advise the President on matters relating
to the disqualification of the members of Parliament.
8.     
To advise the governor on matters relating
to the disqualification of the members of state legislature.
9.        
To cancel polls in the event of rigging, booth
capturing, violence and other irregularities.
10.
To register political parties for the purpose of elections and grant them the
status of national or state parties on the basis of their poll performance
Union Public Service Commission
·        
With the promulgation of the new Constitution
for independent India on 26th January, 1950, the Federal Public Service
Commission was accorded a constitutional status as an autonomous entity and
given the title – Union Public Service Commission.
·        
The UPSC has been established under Article 315
of the Constitution of India. The Commission consists of a Chairman and ten
Members.
·        
The chairman and members of the commission
hold office for a term of six years or until they attain the age of 65 years,
whichever is earlier.
·        
It is an independent constitutional body.
The
main function of UPSC is Recruitment to services and posts under the Union
through conduct of examination.
State Public Service Commission
·        
A state public service commission consists
of a chairman and other members appointed by the governor of the state. But
they can be removed only by the President.
·        
It is an independent constitutional body.
·        
The chairman and members of the commission
hold office for a term of six years or until they attain the age of 62 years,
whichever is earlier.
·        
main function of SPSC is to conduct examin
ations for appointments to the services of the state.
Joint State Public Service Commission
·        
The Constitution makes a provision for the
establishment of a Joint State Public Service Commission (JSPSC) for two or
more states.
·        
A JSPSC can be created by an act of
Parliament on the request of the state legislatures concerned. Thus, a JSPSC is
a statutory and not a constitutional body.
·        
The chairman of JSPSC is appointed by the
President.
Comptroller and Auditor General
·        
The Constitution of India (Article 148)
provides for an independent office of the Comptroller and Auditor General of
India (CAG).
·        
It is the supreme audit institution of
India.
·        
He is the head of the Indian Audit and
Accounts Department and the guardian of the public purse and controls the
entire financial system of the country at both the levels—the Centre and the
state.
Appointment
and term
·        
The CAG is appointed by the President of
India. He holds office for a period of six years or up to the age of 65 years,
whichever is earlier.
·        
He can resign any time from his office by
addressing the resignation letter to the president. He can also be removed by
the President on same grounds and in the same manner as a judge of the Supreme
Court.
Main
function of the CAG
1.      
He audits the accounts related to all
expenditure from the Consolidated Fund of India and consolidated fund of each
state.
2.       
He audits all expenditure from the
Contingency Fund of India and the Public Account of India as well as the contingency
fund of each state and the public account of each state.
3.        
He audits the accounts of any other
authority when requested by the President or Governor.
Note: He submits his audit
reports relating to the accounts of
the Centre to President and relating to the accounts of a state to governor.
Attorney General of India
·        
Art. 76 states that the President shall
apoint a person who is qualified to be appointed as a judge of the Supreme
Court to be the Attorney General of India.
·        
He is the fist legal officer of the Govt. of
India.
·        
The term of office of the AGI is not fixed
by the Constitution of India.
·        
He holds office during the pleasure of the
President and receives remuneration as the President may determine. Although,
he is not a member of either House of Parliament, he enjoys the right to attend
and speak in the Parliamentary deliberations and meeting (of both the Lok Sabha
and the Rajya Sabha), without a right to vote.
·        
He advises the Government of India on any
legal matter.
·        
He performs any legal duties assigned by the
President of India.
·        
He discharges any functions conferred on him
by the Constitution or the President.
·        
In the performance of his official duties,
the Attorney General has the right of audience in all courts in the territory
of India.
·        
He is entitled to all the privileges and
immunities as a Member of Parliament.
Note:
The Constitution (Article 165) has provided for the office of the advocate
general for the states. He is the highest law officer in the state. Thus he
cooresponds to the Attorney General of India. He is appointed by the Governor
of the state.
Parliamentary Funds
Consolidated
Fund of India
1.   Article
266 has established Consolidated Fund of India.
2.  It is a
constitutional fund.
3.   All
the receipts received, loans raised and the income of the Govt. of India are
deposited into a Fund called the Consolidated Fund of India.
4.  It is the largest
fund of the Govt. of India and any amount of money can be deposited into this
account.
5.  It
is a regular fund of Govt. of India.
6.All
expenditures of the Govt. of India are spent out of the Consolidated Fund of
India.
7.
It has been placed at the disposal of the Parliament. No money can be deposited
into withdrawn or appropriated out of the Consolidated Fund of India without
the prior sanction of the Parliament. Article 266 has also created a separate
Consolidated Fund for each State.
Public
Account of India
Under
Article 266 any money other than the receipts, loans and the income received by
the Govt. of India is deposited into an account called the Public Account of
India. The Public Account of India is placed at the disposal of the President
article 266 has also created public account for each states.
Contingency
Fund of India
Article
267 empowers the Parliament to provide by law for the establishment of a public
fund called the Contingency Fund of India. Accordingly, the Parliament enacted
the Contingency Fund of India (Misc. Provisions Act) 1950, which has created
the contingency Fund of India with an upper limit of Rs. 50 Cr. It is not a
regular fund of Govt. of India and it is used to meet on unforeseen
expenditures of the Govt. of India. It is placed at the disposal of President
who can provide the sanction for meeting an emergency expenditure out of
contingency Fund of India.
The Fund is used
when the Parliament is not in a position to sanction money out of Consolidated
Fund of India to meet an unforeseen expenditure. The money so sanctioned out of
contingency fund of India by the President is placed before the Parliament for
its approval subsequently. If the Parliament approves the expenditure then the
equal amount of money is transferred from Consolidated Fund of India to
Contingency Fund of India. Thus the Contingency Fund is replenished by the
Contingency Fund. The Parliament by law may increase the upper limit of
Contingency Fund either permanently or temporarily.
Political Parties
A recognised
political party has been classified either as a ―national party‖ or a ―state
party‖. Recognition to a party is granted by the ―Election Commission of
India‖.
Conditions
for Recognition as a National Party
A
party is recognized as a national party if any of the following conditions is
fulfilled:
1.  
If it wins 2% of seats in Lok Sabha at a
general election;and these candidates are elected from three states; or
2. 
If it secures 6% of valid votes polled in
any four or more states at a general elcetion to the Lok Sbha or to the
legislative assembly; and in addition, it wins four seats in the Lok Sabha from
any state or states; or
3.  If it is recognized
as state party in your states.
Important Points to look at
1.   
The draft of a legislative proposal-Bill
2.   
Bill passed by both the Houses of Parliament
and assented to by the President-Act
3.   
Annual Financial statement of the estimated
receipts and expenditure of the Government of India for a financial year-Budget
4.   
The estimate of expenditure in respect of a
Ministry/Department not charged upon the Consolidated Fund of India, placed for
approval before the House on the recommendations of the President –Demand for Grant
5.    A Bill ordinarily introduced each year to give
effect to the financial proposals of the Government for the following financial
year-Finance Bill
6.   
A Bill passed annually (or at various times
of the year) providing for the withdrawal or appropriation from and out of the
Consolidated Fund of India of moneys by Lok Sabha and moneys charged on the
Consolidated Fund for the services of a financial year or a part thereof-
Appropriation Bill
7.   
A motion for reduction of a demand for grant
by or to a specified amount-Cut motion
8.   
A grant made by Lok Sabha in advance in
respect of the estimated expenditure of the Government of India for a part of a
financial year pending the voting of Demands for Grants for the financial year.
A Motion for Vote on Account is dealt with in the same way as if it were a
demand for grant.-
Vote on Account
9.   
The first hour of a sitting of the House
normally allotted for asking and answering of questions-
Question Hour
10.
The vote cast by the Speaker or the Chairman
in the case of an equality of votes on a matter-
Casting vote
11. A question relating
to a matter of public importance of an urgent character asked with notice
shorter than ten clear days–Short
Notice
Question
Motions
in Parliament
(1)
Private Member’s business
Every member who is not a Minister is called
a Private
Member. The Private
Member‘s business includes Private Member‘s Bills and Private Member‘s
Resolutions.
The period of notice for introduction of Bill is one month unless the Presiding
officer allows introduction at a shorter notice.
(2) Question Hour
Normally,
the first hour of the business of a House everyday is devoted to questions and
is called Question Hour (11:00 AM to 12:00 Noon).
(3)
Starred and Unstarred Questions
A starred question
is one to which a member desires an oral answer in the House. Answer to such a
question may be followed by five supplementary questions by other members. An
unstarred question is one to which written answer is desired by the Member. No
supplementary questions can be asked thereon.
(4)
Short Notice Questions
These are related to
matter of urgent public importance and can be asked by members with notice
shorter than the 10 days prescribed for an ordinary question. It is for the
Speaker to determine whether the matter is of real urgent nature or not.
(5)
Adjournment Motions
An adjournment
motion is an extra-ordinary procedure which if admitted leads to setting aside
the normal business of the House for discussing a definite matter of Urgent
Public importance.
(6)
Calling Attention
It is a notice by
which a member with the prior permission of the Speaker, Calls the attention of
a Minister of any matter of urgent public importance and the Minister may make
a brief statement or ask for time to make a statement at a later hour or date
it is an Indian Innovation.
There   is   no   calling    attention   Notice    in   the   Rajya
Sabha.
Instead there exists a motion called ‗Motion for Papers.‘
(7)
Privilege Motion
This
motion is moved by a member if in his opinion any minister or any of the
members commits a breach of privilege of the House by withholding any fact.
Kinds
of Majorities
1)
Simple Majority
It means a majority
of more than 50% of the members present and voting.
Example:
·    Total
strength of Lok Sabha= 545
Members
present at time of voting = 500 Members present and voting= 400
Simple majority in
such case would mean consent of 201
or more members.Motions or Bills passed by Simple Majority are:
1.   
No-confidence Motion
2.   
Confidence MotionVote of thanks to the President or
Governor addressed
3.   
Censure Motion
4.   
Adjournment Motion
5.   
A motion under Article 352 in Lok Sabha (for
the disapproval of the continuance of the National Emergency)
6.   
The removal of the Vice-President in the Lok
Sabha
7.   
Money Bill
8.   
Financial Bill and Ordinary bill
9.   
State legislature can pass the
constitutional Amendment Bill with simply majority
10.
The Govt. survives by means of Simple
Majority.
2)
Absolute Majority
It
refers to a majority of more than 50% of the total membership of the house. In
Constitution such kind of majority is not required in isolation.
3)
Effective Majority
Effective
Majority of house means more than 50% of the effective strength of the house.
Example: In Rajya
Sabha 245 is the total strength of the house. Let us assume that on a particular
day 8 members are absent and 2 seats are vacant on different grounds. Then in
such case 235 would be the effective Strength of House. Effective Majority in
this case is 118 or more.
Special
Majorities
Any Majority other
than simple, absolute and effective majority is called a special majority.
Various
types of Special Majority
are:-
(a) Majority under
Article 249
Article 249 allows
Parliament to legislate in a subject in State List in the national interest. It
requires 2/3rd or
more of members present and
voting.
(b) Majority under Article 312 (Creation of one or more new All India
Services)
The
resolution must be passed by Rajya Sabha supported by not less than 2/3 rd
of the members present and voting. Then only the bill can be introduced in Lok
Sabha.
 ©Majority under Article 368 (Constitutional
Amendment Bill)
The Bill can be introduced in either House of the Parliament. The Bill
must be passed by:
Majority of the Total Strength of the house (Absolute Majority) Majority
of not less than 2/3rd of the member of
House present and Voting.
This majority is required in the following cases:
·        
In the passage of constitutional Amendment
Bill.
·        
A resolution passed in both the Houses of
Parliament for approving the continuation of National Emergency. (National
Emergency can be discontinued by a Simple Majority)


A resolution passed
in both the Houses of Parliament seeking the removal of
:
·        
A Judge of the Supreme Court or High Court.
·        
The Comptroller and Auditor – General of
India (CAG)
·        
Chief Election Commissioner (CEC)
·        
Removal of State Election Commissioner (SEC)
·        
Members of Central and State Information
Commission (CIC)
·        
Chief Vigilance Commissioner (CVC)
(d)  Majority as under Article
61 (Impeachment of the President)
The resolution of impeachment of President must be passed by a majority
of not less than 2/3rd of the Total
membership of the House. (Each Houses has to pass it separately)
2/3 x 545 = 364 (Lok
Sabha) 2/3 x 245 = 164 (Rajya Sabha)
ARTICLES RELATED TO BILLS
·        
Article 107 : Provisions as to introduction
and passing of Bills
·        
Article 108 : Joint sitting of both Houses
in certain cases
·        
Article 109 : Special procedure in respect
of Money Bills
·        
Article 110 : Definition of ―Money Bills‖
·        
Article 111 : Assent to Bills
·        
Article 112 : Annual financial statement
·        
Article 113 : Procedure in Parliament with
respect to estimates
·        
Article 114 : Appropriation Bills
·        
Article 115 : Supplementary, additional or
excess grants
·        
Article 116 : Votes on account, votes of
credit and exceptional grants
·        
Article 117 : Special provisions as to
financial Bills
·        
Article 118 : Rules of procedure
·        
Article 119 : Regulation by law of procedure
in Parliament in relation to financial business
·        
Article 120 : Language to be used in
Parliament
·        
Article 121 : Restriction on discussion in
Parliament
·        
Article 122 : Courts not inquire into
proceedings of Parliament
Important Amendments to Indian Constitution
1st amendment June 18, 1951 zamindari abolition laws.
11th amendment December
19, 1961 Election of Vice
President by Electoral
12th amendment December
20, 1961 Incorporation of Goa, Daman and Diu as a Union Territory, after
acquisition from Portugal
13th amendment December 1, 1963 Formation of State of Nagaland, with special
protection under Article 371A
14th amendment December
28, 1962 Incorporation of Pondicherry into the Union of India Creation of
Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa
15th amendment October
5, 1963 Raise retirement age of
judges from 60 to 62
22nd amendment September 25, 1969 Provision to form
Autonomous states within the State of Assam
24th amendment November
5, 1971 Enable parliament to
dilute fundamental rights through amendments to the constitution
31th amendment October
17, 1973 Increased size of
Parliament from 525 to 545 seats.
32nd amendment July 1, 1974 Protection of regional rights in Telangana and
Andhra regions of State of Andhra Pradesh
2nd amendment May 1, 1953 fix the size of each parliamentary constituency
between 650,000 and 850,000 voters.
6th amendment September 11, 1956 the Union and State Lists with respect to
raising of taxes
7th amendment November 1, 1956 Reorganization of
states on linguistic lines and Introduction of Union Territories
10th amendment August 11, 1961 Incorporation of
Dadra, Nagar and Haveli as a Union Territory after acquisition from Portugal
33rd amendment May
19, 1974 Prescribes procedure
for resignation by members of parliament and state legislatures Prescribes
procedure for verification and acceptance of resignation by house speaker.
35th amendment March 1, 1975 Terms and Conditions for the Incorporation of
Sikkim into the Union of India
37th amendment May
3, 1975 Formation of Arunachal
Pradesh legislative assembly
38th amendment August 1, 1975 Enhances the powers of President and Governors to
pass ordinances
42nd amendment April
1, 1977 – Provides for curtailment
of fundamental rights, imposes fundamental duties and changes to the basic
structure of the constitution by making India a
―Socialist Secular‖ Republic
51th amendment June
16, 1986 Provide reservation to
Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh
Legislative Assemblies
52nd amendment March
1, 1985 Anti Defection Law –
Provide disqualification of members from parliament and assembly in case of
defection from one party to other
56th amendment May
30, 1987 Transition provision to
enable formation of state of Goa
58th amendment December
9, 1987 Provision to publish
authentic Hindi translation of constitution
61th amendment March 28, 1989 Reduce age for voting rights from 21 to 18
65th amendment March
12, 1992 National Commission for
Scheduled Castes and Scheduled Tribes formed and its statutory powers specified
in The Constitution.
69th amendment February
1, 1992 To provide for a
legislative assembly and council of ministers for Federal National Capital of
Delhi. Delhi continues to be a Union Territory
70th amendment December
21, 1991 Include National
Capital of Delhi and Union Territory of Pondicherry in electoral college for
Presidential Election
82nd amendment – September
8, 2000 Permit relaxation of
qualifying marks and other criteria in reservation in promotion for SC / ST
candidates
86th amendment – December 12, 2002 Provides Right to Education until the age of
fourteen and Early childhood care until the age of six
93rd amendment – January 20, 2006 To enable provision of reservation for other
backward classes (O.B.C.) in government as well as private educational
institutions
97th amendment – 12
January 2012 Added the words ―or
co-operative societies‖ in Article 19 (l)(c) and inserted article 43B i.e,
Promotion of Co-operative Societies and added Part-IXB i.e, THE CO-
OPERATIVE SOCIETIES
98th Amendment– To insert Article 371J in the Constitution.
99th  Amendment  Insertion  of 
new  articles  124A,
124B and 124C. Amendments to
Articles 127, 128, 217, 222, 224A, 231- The amendment provides for the
formation of a National Judicial Appointments Commission.
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