100 TOPICS OF POLITY COMPILATION FOR PRELIMS 2023

This is a humble attempt to compile 100 most important concepts, news, related pyqs ,
and correlation with static concepts which were published in THE HINDU NEWSPAPER ,
Indian Express, Previous year important themes, PIB in last one year. No compilation can
be all exhaustive, but this is my humble attempt to include all the important topics.

Your friend
FOUNDER KARMAYOGI IAS
ADITYA (IRON MAN)

1. CHIEF SECRETARY
● Appointed by CM
● Senior Most position in civil service in state and UT
● Chief advisor to cm
● No fixed tenure
● ACC Appointment committee of the cabinet approved placement of service of chief secretary
● ACC comprise of PM ,Home minister and other members.

2. Cabinet secretary
● Colonial time : private secretary of viceroy
● Top most executive official
● Senior Most position in civil service in GOI
● Under the direct charge of PM
● Tenure : fix tenure of 2 years
● According to All India Services (Death-Cum-Retirement-Benefits) Rules, 1958, the government
can give extension in service to a cabinet secretary provided the total tenure does not exceed four
years.
● As per the modified rules, the central government may give an extension in service for a further
period not exceeding three months, beyond the period of four years to a cabinet secretary
● Role : The administrative head of the secretariat is the cabinet secretary who is also the ex-officio
chairman of the civil services board , head of IAS and the civil services under the rules of business
of the government.

3. CIVIL SERVICES BOARD

● Cabinet secretary is ex-officio chairman.

● Decides posting & transfers
● Similar at state level also and headed by chief secretary

Functions of cabinet secretary

● Smooth transaction of business in ministries /dept

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● Assistance to cabinet and its committees
● Assist in decision making in govt by ensuring interministerial coordination
● evolving consensus through the instrumentality of the standing or ad hoc committees of
secretaries.
● Management of major crisis situations in the country.

4. ALL INDIA SERVICES

All india services AIS - Article 312

● Recruited by centre but services in state
● Liability to serve under both centre and state
● Reflect unitary character of indian polity
Controlling authority
● IAS : Ministry of personnel
● IPS : Ministry of home affairs
● Recruited by UPSC
● IFS : MoEFCC.

5.Cabinet committees

● Not mentioned in constitution rather in rules of business .N. Gopalaswamy Committee on the
Machinery of Government (1949) recommended setting up of standing committees of Cabinet over
defined fields, with appropriate strengthening of the secretariat and other organs of these
committees
● To lessen work of cabinet and ensure of efficiency .
Such Committees are usually chaired by the PM. At times, other Cabinet ministers like Home,
Finance, etc. can also be the chairperson. But, if the Prime Minister is a member of the committee,
then, he or she is the head of the committee.

Composition of Cabinet Committees

• Their membership is not fixed and usually varies from three to eight.
• They usually include only Cabinet Ministers. However, non-cabinet ministers can also be included
as members.

At present there are 8 Cabinet Committees:

1. Cabinet Committee on Political Affairs.
2. Cabinet Committee on Economic Affairs.
3. Appointments Committee of the Cabinet.
4. Cabinet Committee on Security.
5. Cabinet Committee on Parliamentary Affairs.
6. Cabinet Committee on Accommodation.
7. Cabinet Committee on Investment and Growth.
8. Cabinet Committee on Employment and Skill Development.

6. D voter

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● Those persons whose citizenship was doubtful or was under dispute were categorized as ‘D-
Voters’ during the preparation of National Register of Citizens in Assam.

Foreigners tribunal
● Under the Foreigners (Tribunals) Order, 1964.
● quasi-judicial bodies Composition :
● Advocates not below the age of 35 years of age with at least 7 years of practice (or)
● Retired Judicial Officers from the Assam Judicial Service
● (or) Retired IAS of ACS Officers (not below the rank of Secretary/Addl. Secretary) having
experience in quasi-judicial works .
● Ministry of Home Affairs (MHA) has empowered district magistrates in all States and Union
Territories to set up tribunals (quasi-judicial bodies)

7. NRC, NPR ,CENSUS

NRC
● National ragister of citizens
● NRC : verified digital register having names and basic demographic information about all Indian
citizens in a digital format.

National Population Register (NPR)

● The National Population Register (NPR) is a register of the usual residents of the country.
● A usual resident is defined for the purposes of NPR as a person who has resided in a local area for
the past 6 months or more or a person who intends to reside in that area for the next 6 months or
more.
● First in 2010 and updated in 2015
● maintained by the Registrar General of India and Census Commissioner of India, Ministry of
Home Affairs.
● under provisions of the Citizenship Act 1955 and the Citizenship Rules, 2003
● Demographic and biometric data
● Updated with house listing phase of census 2021 (except Assam )
● In self attested form
● Adhar data seeded in NPR.

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Registrar general of india
● MoHA
● 1st under Lord Mayo 1872
● Conducts census and linguistic survey of india.
● Gives estimates on fertility and mortality using the Sample Registration System (SRS) 2021
census
● Paperless process
● 3phases : 1) house listing 2) actual population enumeration 3)revision round
● Included Transgender
● 18 languages.

8. SECTION 304B IPC Dowry death

● Inserted in 1986
● Under it women should have died of burns/other bodily injuries or otherwise than under normal
circumstances within 7 years of her marriage
● Women should have suffered cruelty /harrassment from her husband / in laws soon before her
death in connection to dowry
● Punishment : minimum 7 years to up to life imprisonment
● Supreme court guidelines : avoid absurd interpretation , need border readings of provisions of
section 304b ,proper examination of accused.

9. CBI

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Appointments committe :
● After Lokpal act led changes in DSPE act 1946
● Director is appointed by central govt on recommendations of 3member committe (PM as
chairperson , leader of opposition of lok sabha ,CJI/Judge of supreme court )
Tenure : 2 years (under Vineet Narain judgement of supreme court , CVC act : tenure of 2years for
CBI director )

Cases Handled by the CBI :

1. Special Crimes
2. Economic Crimes
3. Anti-Corruption Crimes
4. Suo Moto Cases
The Central Government can authorize CBI to investigate a crime in a State but only with the
consent of the concerned State Government.
The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in
the country without the consent of the State.

10.National Investigation Agency (NIA)

● under the Ministry of Home Affairs, Government of India
● Established under National Investigation Agency Act 2008
● Central agency to investigate & prosecute offences : affecting sovereignty /security/integrity of
nation/state
● Attack against nuclear facilites .
● Smuggling in counterfeit currency .
● Offences under NDPSA : narcotics drugs and psychotropic substances act .
● Also a central counterterrorism law enforcement agency .
● Empowered to deal with terror related crimes without permission of states.

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11. CENTRAL BUREAU OF NARCOTICS

12. NCB narcotics control bureau

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13. Enforcement Directorate
● History : Initially established under the Department of Economic Affairs in 1956 as an
‘Enforcement Unit’, it was later shifted to the Department of Revenue for administration in 1960
● It was renamed as the Enforcement Directorate (ED) in 1957
● Ministry : the Department of Revenue under the Ministry of Finance
● Mandate : The Organization is mandated with the task of enforcing the provisions of two special
fiscal laws – Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money
Laundering Act, 2002 (PMLA).

NCRB
● Ministry of home affairs
● HQ : new delhi
● Crimes in India report 2019 ( since 1953).

14. PRESS COUNCIL OF INDIA

● first set up in 1966 under the Indian Press Council Act, 1965 : objectives of the Press Council of
India (PCI) are to preserve press freedom by maintaining and improving the standards of
newspapers and news agencies in India
● formed under the Press Council Act of 1978
● quasi-judicial independent statutory body Composition :
The Press Council Of India is led by a Chairman.

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15. CVC

● Receives complaints of corruption /misuse of office and recommend appropriate action on same
● Act on request from lokpal
● Monitors all vigilance
● CVC important role in appointment of directorate of prosecution of CBI
● They inquire or investigate against following officials who commit an offence under the
Prevention of Corruption Act, 1988:
○ Members of all-India services serving in the Union and Group ‘A’ officers of the Central
government
○ The specified level of officers of the authorities of the Central government
● superintend the functioning of the Delhi Special Police Establishment (CBI) in cases related to
the Prevention of Corruption Act, 1988
● superintend vigilance departments of government ministries.

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16. Broadcast Audience Research Council
(BARC)

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TRP is recorded by the Broadcast Audience Research Council (BARC) using BarO-Meters that are
installed in televisions in selected households. As on date, the BARC has installed these meters in
44,000 households across the country. Audio watermarks are embedded in video content prior to
broadcast.

17. PRESS COUNCIL OF INDIA

● first set up in 1966 under the Indian Press Council Act, 1965 : objectives of the Press Council of
India (PCI) are to preserve press freedom by maintaining and improving the standards of
newspapers and news agencies in India
● formed under the Press Council Act of 1978
● quasi-judicial independent statutory body.

Composition :
The Press Council Of India is led by a Chairman.

Election of Chairman
The Chairman of PCI is elected by three persons who hold the posts listed below.
● Rajya Sabha Chairman
● Lok Sabha's Speaker
● The PCI has chosen a member.

Power :
● PCI only overviews the functioning of press media >> can enforce standards on journals, a
newspaper, magazines and other forms of print media .
● No power to review electronic media like radio/ tv /internet.

18. CENTRAL WAQF BOARD

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19. ASSOCIATION OF WORLD ELECTION BODIES

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20. TRIBUNALS

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The Supreme Court struck down provisions, introduced in the Finance Act of 2017 through an
Ordinance, which affected the tenure and service conditions of Chairpersons and Members of
Tribunals.
The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance of 2021 had amended
Section 184 of the Finance Act of 2017 to fix their tenures at four years. A three-judge Bench
reversed the law and confirmed that Tribunal Chairpersons and Members would have a full five-
year tenure.

TRIBUNALS REFORM ACTS

About Tribunals Reforms Act, 2021

•The Tribunals Reforms Act, 2021 replaces a similar Ordinance promulgated in April 2021
that sought to dissolve eight tribunals.
•The tribunals functioned as appellate bodies to hear disputes under various
statutes and transferred their functions to existing judicial forums such as a civil
court or a High Court.

What are the tribunals that are being dissolved?

Search-cum-selection committees: The Chairperson and Members of the Tribunals will be

appointed by the central government on the recommendation of a Search-cum-Selection
Committee.
• State administrative tribunals will have separate search-cum-selection
committees.
•The central government must decide on the recommendations of selection committees,
preferably within three months of the date of the recommendation.

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 •Eligibility and term of office: The act provides for a four-year term for tribunal
members. It sets the upper age for the chairperson at 70 years and for the other members at
67 years.
•The minimum age limit for appointments is 50 years.
•Uniform pay and rules: The act provide for uniform pay and rules for the search and
selection committees across tribunals.
•Removal of tribunal members: It also provides for the removal of tribunal members. It
states that the central government shall, on the recommendation of the Search-cum-
Selection Committee, remove from office any Chairperson or a Member.
•The act states that the Chairpersons and Members of the tribunal being abolished shall
cease to hold office, and they will be entitled to claim compensation equivalent to three
months’ pay and allowances for their premature termination.

21. National Company Law Tribunal

The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues
relating to Indian companies.
•The tribunal was established under the Companies Act 2013and was constituted on 1 June 2016
by the government of India.
•It is based on the recommendation of the Balakrishna Eradi committee on law relating to the
insolvency and the winding up of companies.
•All proceedings under the Companies Act, including proceedings relating to arbitration,
compromise, arrangements, reconstructions and the winding up of companies shall be disposed off
by the National Company Law Tribunal.
•The NCLT bench is chaired by a Judicial member who is supposed to be a retired or a serving High
Court Judge and a Technical member who must be from the Indian Corporate Law Service, ICLS
Cadre.
•The National Company Law Tribunal is the adjudicating authority for the insolvencyresolution
process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code,
2016.
•The National Company Law Tribunal has the power under the Companies Act to adjudicate
proceedings:
1.Initiated before the Company Law Board under the previous act (the Companies Act 1956);
2.Pending before the Board for Industrial and Financial Reconstruction, including those pending
under the Sick Industrial Companies (Special Provisions) Act, 1985;
3.Pending before the Appellate Authority for Industrial and Financial Reconstruction; and
4.Pertaining to claims of oppression and mismanagement of a company, winding up of companies
and all other powers prescribed under the Companies Act.

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Appeals
•Decisions of the tribunal may be appealed to the National Company Law Appellate Tribunal,
the decisions of which may further be appealed to the Supreme Court of India on a point of
law.
•The Supreme Court of India has upheld the Insolvency and Bankruptcy Code in its entirety.

22. ARMED FORCE TRIBUNAL

Defence Minister said that the Government is committed to make the Armed Forces Tribunal
(AFT) more empowered and responsive and implement measures that were required in this
direction.
Armed Forces Tribunal
•It was established in August 2009 by the Armed Forces Tribunal Act 2007.
•The Law Commission’s 169th report stated that disciplinary and service matters required
quick resolutions and proposed a special tribunal for the military forces.
•It is a military tribunal with the power of adjudication or trial of disputes and
complaints related to commission, appointments, enrolments and conditions of service.
•Besides the Principal Bench in New Delhi, AFT has 10 Regional Benches.
Composition
•The Tribunal is composed of Judicial Members as well as Administrative Members.
•The Judicial Members are retired High Court Judges.
•Administrative Members are retired Members of he Armed Forces who have held rank of
Major General/ equivalent or above for a period of three years or more; or
•the Judge Advocate General(JAG) who have experience in the post for at least one year.
Power/Jurisdiction
•The Tribunal is empowered to adjudicate appeals against any order, decision, finding or
sentence passed by a court-martial or any related matter.
•It is also empowered to grant bail to an accused who is in military custody.
•The Tribunal may have the powers to substitute for the findings of the court martial. It may:
•remit the whole or any part of the sentence, with or without conditions;
•mitigate the punishment awarded
•commute such punishment to any lesser punishment or enhance the sentence awarded by a
court martial.
•Armed Forces Tribunal has both Original and Appellate Jurisdiction
Jurisdiction of other courts

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 •In 2015, a Supreme Court bench had held that AFT verdicts could not be challenged before
the high courts.
•It had also said that an appeal against the AFT orders would lie before the apex court but
only if a point of law of general public importance is involved.
•In January 2020, the Supreme Court made it clear that the verdicts of the Armed Forces
Tribunals (AFT) can be challenged before the high courts.
•In March 2022, Delhi High Court held that the Armed Forces Tribunal Act, 2007 excludes
the administrative supervision of the High Court under Article 227(4) of the Constitution.
•However, it does not exclude the judicial superintendence and jurisdiction under Article
226.

23. DIRECTORATE OF REVENUE INTELLIGENCE

• DRI is the apex anti-smuggling agency of INDIA, constituted in 1957.
• It works under the CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS (CBIC),
ministry of finance.
• It is tasked with detecting and curbing smuggling of contraband including DRUG TRAFFICKING
AND ILLICIT " INTERNATIONAL TRADE IN WILDLIFE AND ENVIRONMENTALLY
SENSITIVE items, as well as combating commercial frauds related to international trade and
evasion of customs duty.
• DRI has also been designated as the lead agency for the ANTI SMUGGLING NATIONAL
COORDINATION CENTRE .
Operation molten metal
• THE DIRECTORATE OF REVENUE INTELLIGENCE (DR1) conducted an operation code-
named “molten metal”.
• To nab several INDIAN and foreign nationals suspected to be indulging in smuggling gold into
INDIA from Hong Kong using the air cargo route.
• The directorate of revenue intelligence (DRI) apprehended four foreign nationals with 85 kg of
gold worth .

CENTRAL BUREAU OF NARCOTICS

• Headed by the Narcotics Commissioner

• Headquartered at Gwalior.
• The administrative control: lies with Central Board of Excise & Customs (CBEC )
• Operational functions are monitored by the Department of Revenue

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• Decisions over control over narcotic drugs, psychotropic substances and Cprecursor and essential
chemicals used in the manufacture of the NDPS.

24. Enforcement Directorate (ED)

• History: an ‘Enforcement Unit’ was formed, in the Department of Economic Affairs, for handling
Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47).
• Renamed: In the year 1957, this Unit was renamed as ‘Enforcement Directorate’.
• Ministry: part of the Department of Revenue, Ministry of Finance.
• Mandate: Organization is mandated with the task of enforcing the provisions of two special fiscal
laws Foreign Exchange Management Act, 1999 (FEMA) and Prevention of Money Laundering Act,
2002 (PMLA).

25. LANGUAGE
Official Language of Union
• It is Hindi in Devnagri Script
• 8th Schedule having 22 languages
• Initially 14, later through 21st, 71st & 92nd Amendment Act more were added.
• 343 (2) = We can use English for official purposes till 2nd Jan 1965
• 343 (3) = Parliament can extent the usage of English Language
• Which Parliament extended through Official Language Act.

Use of Language in Supreme & High Courts

• Unless parliament changes the language of SC & HC
• In Constitution: Governor with the prior consent of president authorise the use of Hindi or any
other language used for official purpose in proceeding in HC; Nothing would apply to judgement,
decree or order of HC.

Official Languages Act 1963:

• It empowers the Governor of a state to, with previous consent of the President, authorise the use of
Hindi/the official language of the state, in addition to English, for the purpose of any judgement,
decree or order passed by the High Court of that state.
• It further provides that where any judgement/decree/order is passed in any such language it shall
be accompanied by a translation of the same in English.

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• The Official Languages Act makes no mention of the Supreme Court, where English is the only
language which proceedings are conducted.

Language of Subordinate Courts:

• The language of all courts subordinate to High Courts generally remains the same as the language
on the commencement of CPC 1908 till the state government determines.
• The state government has the power to declare any regional language as an alternative for the
proceedings of the court.
• However, judgments, orders, and decree may be passed by the magistrate in English.
• The recording of the evidence shall be done in the prevailing language of the state.
• In case of a pleader being unacquainted with English, a into the language of the court shall be
supplied to him on his and the court shall bear such costs.

Classical Languages
• The Government tracks the following criteria to define the eligibility of language to be considered
for classification as “classical language”:
• Extraordinary antiquity of its early transcripts or verified history over a period of 1500-2000 years
• A body of ancient literature or texts, which is considered a valuable heritage by generations of
speakers.
• The literary tradition should be original and unique, and certainly not hired from another language
community.
• The classical language and literature being diverse from modern, there may also be a discontinuity
among the language and its later forms or its sprouts.
• Following six languages are included in the list of Classical Languages:
o Tamil
o Sanskrit
o Telugu
o Kannada
o Malayalam
o Odiya
• Benefits
o Two major annual international awards for scholars of eminence in the concerned language.
o 'Centre of Excellence for Studies in Classical Languages'

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o The University Grants Commission can be requested to create, to start with at least in Central
Universities, a certain number of professional chairs for classical languages, for scholars of
eminence in the concerned language.
Important Constitutional Provisions related to official languages
• Part XVII of the Indian constitution deals with the official languages in Articles 343 to 351.
• The Eighth Schedule to the Constitution consists of the following 22 languages.
• Article 343(1) of the Constitution of India, Hindi in Devanagari script shall be the official
language
of the Union.
• Article 343(3) made provisions for the continuation of English even after 25th January 1965 by
empowering the parliament to make laws to that effect.
• Article 344(1) provides for the constitution of a Commission by the President on expiration of five
years from the commencement of the Constitution.
• Article 348 (1) of the Constitution of India provides that all proceedings in the Supreme Court and
in every High court shall be in English Language until Parliament by law otherwise provides
• Article 351 provides for the spread of the Hindi language to develop it so that it may serve as a
medium of expression for all the elements of the composite culture of India.

26. SUSPENSION OF LEGISLATIVE MEMBER

MLA Suspension
• Every state has a separate procedure the for the same.
• Generally suspended for: Misbehaviour & Disobeying or both
• For Maharashtra: Speaker may suspend the MLA for the remaining day meeting
• If the behaviour remains the same: then Speaker has the right to suspend for longer period.
• But it was overturned by SC.

Provisions for Suspension of a Member of Parliament

• Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha
provide for the withdrawal of a member whose conduct is “grossly disorderly”, and suspension of
one who abuses the rules of the House or willfully obstructs its business.
• The maximum suspension as per these Rules is “for five consecutive sittings or the remainder of
the session, whichever is less”.

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• The maximum suspension for Rajya Sabha under 255 and 256 also does not exceed the remainder
session.
• It is done by Presiding Officer.

27. DEMOCRACY
• The Report is titled ‘Democracy Report 2022: Autocratisation Changing Nature?
• Varieties of Democracy (V-Dem) produces the largest global dataset on democracy with over 30
million data points for 202 countries from 1789 to 2021.
• The report classifies countries into four regime types based on their score in the Liberal
Democratic Index (LDI):
• India is part of a broader global trend of an anti-plural political party driving a country's
autocratisation.
• It was ranked 93rd in the LDI. India figures in the “bottom 50%” of countries.
• It has slipped further down in the Electoral Democracy Index, to 100, and even lower in the
Deliberative Component Index, at 102.

Democracy Index 2021

• Released by The Economic Intelligence Unit
• It is based on five parameters.
• Functioning of the government, electoral process and pluralism, political participation, civil
liberties and political culture.
• India ranked 46 in the index. The overall score of India was 6.91
• Norway topped the index with score 9.75.

UN Democracy Fund (UNDEF):

 Together with the US, India was instrumental in the creation of the UN Democracy Fund
(UNDEF) and the Community of Democracies to support democracy at international levels.
 Incidentally, India is one of the largest contributors to UNDEF that supports 66 NGO-led
projects in South Asia.
 Cornerstones of democracy include:
o Freedom of assembly, association and speech, inclusiveness and equality,
o Citizenship, consent of the governed, voting rights,
o Freedom from unwarranted governmental deprivation of the right to life and liberty,
and minority rights.

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28. PRESS FREEDOM
World Press Freedom Index
• World Press Freedom index: India retains 142 of 180 spot, remains “one of the world’s most
dangerous countries” for journalists
• About the World Press Freedom Index:-
o This freedom index is published annually since 2002 by Reporters Without Borders (RSF). The
World Press Freedom Index is an important advocacy tool based on the principle of emulation
between states.

29. GOOD GOVERNANCE

Good Governance Index 2021
• by the Department of Administrative Reforms and Public Grievances (DARPG), Ministry of
Personnel, Public Grievances and Pensions.
• GGI is a comprehensive and implementable framework to assess the
• State of Governance across the States and UTs which enables ranking of Statcs/Districts.
• The objective of GGI is to create a tool that can be used uniformly across the States to assess the
impact of various interventions taken up by the Central and State Governments including Uts.
• The GGI 2021 says that 20 States have improved their composite scores over the GGI 2019 index
scores.
• The GGI is envisaged as a biannual exercise.

What is the District Good Government Index?

• The District Good Governance Index (DGGI) represents Next Generation Administrative Reform
in Benchmarking Governance at the District level, prepared after extensive stakeholder
consultation.
• It comprises measuring performance under 10 governance sectors having 58 indicators with 116
data points.
• It has been prepared by the Department of Administrative Reforms and Public Grievances
(DARPG) in partnership with the Union Territory’s administration.
• It provides a roadmap for similar benchmarking of Governance at District level for all States and
Union Territories of India.

30. CORRUPTION

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CORRUPTION PERCEPTION INDEX
• It was released by Transparency International.
• India ranked at 85th among 180 countries with a score of 40. (Ranked 86th last year).
• Report said while India’s score has remained stagnant over past decade, some mechanisms that
could help reign in corruption are weakening.
• Denmark, New Zealand and Finland have topped index jointly.

Transparency International publishes

• Global Corruption Barometer Report
• Global Corruption Report.

31. ELECTION
Representation of People’s Act, 1950
• Allocation of seats in:
o Lok Sabha
o State Assembly
o State Councils (Thus NOT RS)-RS by fourth Schedule
• President power to delimit constituency after consulting ECI
• Electoral rolls for LS, SA, SC
• RPA 1950 does not contain provisions for actual conduct of Election .

Representation of People’s Act, 1951

• Qualification and Disqualification for MPs and MLAs
• Notification of general election
• Administrative machinery for conduct of election
• Registration of political parties
• Conduct of election
• Disputes regarding election
• Corrupt practices and electoral offences
• By-elections
• Term of RS members.

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RPA Provisions in News
• As per Section 33(7) of RPA, 1951, one candidate can contest from a maximum of two
constituencies.
• More constituencies were allowed until 1996 when the RPA was amended to set the cap at two
constituencies.
• Section 123 of the Act: defines ‘corrupt practices’ to include bribery, undue influence, false
information, and promotion or attempted promotion of “feelings of enmity or hatred between
different classes of the citizens of India on grounds of religion, race, caste, community, or language”
by a candidate for the furtherance of his prospects in the election.
• Sec123.4 : extends ambit of “corrupt practices” to the intentional publication of false statements
which can prejudice the outcome of the candidate’s election.
• Recently SC held that, providing false information about electoral Candidates Qualification is not
a Corrupt Practice under RPA (Representation of People’s Act) Act 1951. Recall Allahabad HC in
2017 called it corrupt practice.
• In accordance with Section 9 of RPA 1951, a person found guilty of corrupt practices in the office
is left to be determined by the President. The President rules over whether he or she should be
disqualified and the time period of disqualification.
• A person holding an office under the Government of India, if convicted for corruption or
disloyalty towards the state is disqualified for a period of five years
• Section 8 of the act provides the grounds on which a person is disqualified from contesting
elections in case he/she has been convicted for the following offences. The operational word here is
‘conviction’.
• A person sentenced for two or more years of imprisonment is disqualified from the date of
conviction till six years after the release.
• Section 11 authorizes and empowers the Election Commission (EC) to remove or reduce any
disqualification except the conviction is held under section 8A.
• Any candidate disqualified under the section 8A, that is, on the grounds of corrupt practices may
submit a petition of appeal to the President for removal of such conviction and disqualification.
Before giving assent, the President has to seek advice from the EC and shall act according to the
body’s advice. In other words, the decision of disqualification of a member post the election to the
parliament is taken by the President on the recommendation of the EC.

ELECTION COMMISSION
The Election Commission of India is an autonomous constitutional authority responsible for
administering Union and State election processes in India. The body administers elections to the
Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President
and Vice President in the country.

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Postal ballots
● Given to : members of armed forces ,voters under preventive detention ,member of armed police
forces of state ,persons employed under GOI on post outside india ,officers on poll duty ,special
voters such as – president /VP/Governor, speaker /cabinet minister.

•Electronically Transmitted Postal Ballot System (ETPBS):

•The Electronically Transmitted Postal Ballot System (ETPBS) involves the NRI voter sending an
application to the returning officer in person or online.
•The returning officer will send the ballot electronically.
•The voter can then register their mandate on the ballot printout and send it back with an attested
declaration.
•The voter will either send the ballot by ordinary post or drop it at an Indian Embassy where it
would be segregated and posted.

Proxy voting:

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•Proxy voting, meanwhile, enables voters to appoint proxies to vote on their behalf.
•Both ETPBS and proxy voting are currently available to only service voters, like those in the
armed forces or diplomatic missions.

Electoral Bonds
• Introduced with the Finance Bill, 2017, the Electoral Bond Scheme was notified on January 29,
2018.
• Electoral Bond is a financial instrument for making donations to political parties.
• Issued in multiples of Rs. 1,000, Rs. 10,000, Rs. 1 lakh, Rs. 10 lakh and Rs. 1 crore without any
maximum limit.
• State Bank of India is authorised to issue and encash these bonds, which are valid for fifteen days
from the date of issuance.
• These bonds are redeemable in the designated account of a registered political party.
• The bonds are available for purchase by any person (who is a citizen of India or incorporated or
established in India) for a period of ten days each in the months of January, April, July and October
as may be specified by the Central Government.
• A person being an individual can buy bonds, either singly or jointly with other individuals.
• Donor’s name is not mentioned on the bond.
• Conditions for Electoral Bonds: Only parties registered under the Representation of the People Act
1951 could receive donations through electoral bonds, and they also should not have secured than
1% of the votes polled in the previous elections.

Expenditure Limit for Elections:

• It is the amount that an election candidate is legally allowed to spend and must account for their
election campaign, which includes expenses for public meetings, rallies, posters, banners, vehicles,
and advertisements.
• According to Section 77 of the Representation of the People Act (RPA), 1951 each candidate must
keep a separate and correct account of all expenditure incurred between the date they were
nominated and the date the result is declared.
• Within 30 days of the conclusion of the elections, all candidates must submit their expenditure
statement to the ECI.
• Under Section 10A of the RPA, 1951, an incorrect account or expenditure in excess of the cap can
result in the candidate's disqualification by the ECI for to three years.
• Recently, the expenditure limit for candidates for Lok Sabha constituencies was increased from Rs
54 lakh-Rs 70 lakh (depending on states) to Rs 70 lakhRs 95 lakh, by the Election Commission of
India (ECI).

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• Further, the spending limit for Assembly constituencies was hike from Rs 20 lakh-Rs 28 lakh to
Rs 28 lakh- Rs 40 lakh (depending on states).
• In 2020, the ECI had formed a committee in 2020 to study the election spending limit.

Delimitation Commission:
• Constitution mandates that the Commission’s orders are final and cannot be questioned before any
court as it would hold up an election indefinitely.
• When the orders of Delimitation Commission are laid before the Lok Sabha or State Legislative
Assembly, they cannot effect any modification in the orders.
• Delimitation is carried out by an independent Delimitation Commission, appointed by the
Government of India under provisions of the Delimitation Commission Act.
• Under Article 82, Parliament is to enact a Delimitation Act after every Census. Once the Act is in
force, the Union government sets up the Delimitation Commission.
• In the history of the Indian republic, Delimitation Commissions have been set up four times —
1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002. There was no
delimitation after the 1981, 1991 and 2001 Censuses.
• The last delimitation exercise that changed the state-wise composition of the Lok Sabha was
completed in 1976 and done on the basis of the 1971 census.
• Article 81 — number of LS seats allotted to a state would be such that the ratio between that
number and the population of the state is, as far as possible, the same for all states. This is to ensure
that every state is equally represented.
Originally, Article 81 provided that the LS shall not have more than 500 members.
• First house had 497 seats, second has 507 (recall impact of 1956 act on LS), with each subsequent
delimitation, seats increased.
• Last delimitation exercise (post 2001 census) – only readjusted boundaries of existing LS and
Assembly seats and reworked the number of seats reserved for SCs and STs.

Composition
▪ Ex-Officio Members:
▪ A retired judge of the Supreme Court
▪ The Chief Election Commissioner
▪ State Election Commissioners (of the respective states)

Functions:
▪ To delimit the constituency

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▪ Maintain equal population in all constituencies (as practically possible)
▪ To identify reserved constituency
▪ To hold public opinions regarding the delimitation
▪ To adopt the changes

Voting rights of under trials:

• Context: SC will examine the law that imposes a blanket ban on under trials, persons confined in
civil prisons and convicts serving their sentence in jails from casting their votes.
• Section 62(5) of the Representation of the People Act, 1951: It mandates that “no person shall vote
at any election if he is confined in a prison, whether under a sentence of imprisonment or
transportation or otherwise, or is in the lawful custody of the police” and in the proviso of this
section which states that the right to vote should not be deprived to the person who is in custody for
preventive detention and he must have the right to cast his vote.
• Right to vote is a constitutional right. Further, court also relied on the judgment of S.
Radhakrishnan vs. Union of India & Ors and held that Section 62(5) of the said Act is
constitutionally valid and the right to vote is not a fundamental right but is a statutory right and can
be made limited by statute.
• Only those under preventive detention can cast their vote through postal ballots.

32. LAW COMMISSION

The Union Cabinet chaired by the Prime Minister has approved the extension of the term of the 22nd Law
Commission of India up to 31st August 2024.

Background
•Before Independence: The first Law Commission was established during colonial rule in India by
the East India Company under the Charter Act of 1833 and was presided by Lord Macaulay.
•After that, three more commissions were established in pre-independent India.
•After Independence: The 1st Law Commission of independent India was established in 1955 for a
three-year term.
•In November 2022, Justice Rituraj Awasthi (Former Chief Justice of Karnataka High Court) was
appointed as the chairperson of the 22nd Law Commission.

Law Commission of India

•The Law Commission of India is a non-statutory body that is constituted by a notification of
the Union Government, with definite terms of reference to carry out research in the field of law.

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 •The Commission would have a tenure of 3 years from the date of publication of the Official
Gazette.
•The commission's function is to research and advise the government on legal reform, and is
composed of legal experts, and headed by a retired judge. The commission is established for a fixed
tenure and works as an advisory body to the Union Ministry of Law and Justice.
•The Commission makes recommendations to the Government as per its terms of reference. Terms
of reference for the 22nd Law Commission;
•Identify laws which are no longer needed or relevant and can be immediately repealed.
•Examine the existing laws in the light of Directive Principles of State Policy and suggest ways
of improvement and reform.
•Suggest such legislation as might be necessary to implement the Directive Principles.
•Suggest some measures to attain the objectives set out in the Preamble of the Constitution.
•Revise the Central Acts of general importance to simplify them and remove anomalies,
ambiguities and inequities.
•The recommendations of the commission are not binding on the government. They may be
accepted or rejected.

33. Digital Rights

• These rights allow people to create, use, access and publish digit media and also use computers
and other communication network Digital rights are related to freedom of privacy and expression.
• The European Union is first in the world to propose digital rights The rights aim to support
democracy and support people’s rights It ensures a safe online environment.
• Six principles: The draft Digital Rights and Principles puts forward the following six principles:
o To promote the sustainability of digital future
o To increase safety, empowerment and security of individuals
o To foster participation in digital public space
o To ensure freedom of choice online
o To support solidarity and inclusion
o To put people and their rights in the centre of digital transformation.

34. Special Protection Group

• The SPG was raised in 1985 to provide security cover to the Prime Minister, Former Prime
Ministers and their immediate family members.

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• The SPG comprises of the personnel from the CRPF, Border Security Force ind other Central and
State forces.
• It was created on the recommendation of the Birbal Nath Committee, 1985.
• The protection received by the former Prime Ministers and their members residing at the official
residence is only up to 5 years he/she ceases to hold the office.
• It draws its power & authority from the Special Protection Group Act.
• The body functions under the cabinet secretariat.

35. Police Act 1861

PM meeting with DGP & IGP of states mentioned the need to adapt the commissionate system in
cities with a population of >10 lakhs
• Policing is based on the Police Act of 1861.
• Under the colonial system, the dual system of police administration was
introduced.
• The overall in-charge of a district or region was the District Collector and the Superintendent of
Police (SP) reported to him.
• The primary objective of the British was revenue collection in rural India. They needed a force
that could support this objective and unleash tyranny and oppression when needed to suit the
objective. The worst of officers from the British police were sent to India. So there put them under
the District Collector. That system continued Independence.
• The British also brought the Police Commissionerate system first in Kolkata and followed it in
Mumbai and Chennai presidencies. The system was introduced even before the Police Act of 1861.
• The commissionerate system is considered a step towards Police REFORM
• Unified command structure with the Commissioner of Police (rank of the Deputy Inspector
General or above) as the sole head of the force within the city. Allows for quicker responses to law-
and-order situations.
• Powers of policing & magistracy concentrated in Commissioner. Directly accountable to the state
govt & state policy chief.

36. Foreign Contribution (Regulation) Amendment Act,

2020:
 The Act bars public servants from receiving foreign contributions. Public servant includes any
person who is in service or paid by the government, or remunerated by the government for the
performance of any public duty.

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 The Act prohibits the transfer of foreign contribution to any other person not registered to accept
foreign contributions.
 The Act makes Aadhaar number mandatory for all office bearers, directors or key functionaries
of a person receiving foreign contribution, as an identification document.
 FCRA account: The Act states that foreign contributions must be received only in an account
designated by the bank as FCRA account in such branches of the State Bank of India, New Delhi.
 Reduction in use of foreign contribution for administrative purposes: not more than 20% of the
total foreign funds received could be defrayed for administrative expenses. In FCRA 2010 the limit
was 50%.
 Surrender of certificate: The Act allows the central government to permit a person to surrender
their registration certificate.

37. Different types of bails in India:

 Regular Bail: direction given by the Court(any Court within the country) to release a person
who is already under arrest and kept in police custody. For such Bail, a person can file an
application under Section 437 and 439 of the CrPC.
 Interim Bail: Bail granted for a temporary and short period by the Court till the application
seeking Anticipatory Bail or Regular Bail is pending before a Court.
 Anticipatory Bail: A direction issued to release a person on Bail even before the person is
arrested. In this situation, there is apprehension of arrest and the person is not arrested before the
Bail is granted. For such Bail, a person can file an application under Sec. 438 of the Code of
Criminal Procedure (CrPC). It is issued only by the Sessions Court and High Court.
 Default bail: legal right to bail that accrues when the police fail to complete investigation within
a specified period in respect of a person in judicial custody. It is also known as statutory bail. This is
enshrined in Section 167(2) of the Code of Criminal Procedure.
 Supreme Court Judgment: In Bikramjit Singh case 2020, the Supreme Court had observed that
the accused gets an indefeasible right to ‘default bail’ if he makes an application after the maximum
period for investigation of an offence is over, and before a charge sheet is filed.
 The issue of default bail arises where it is not possible for the police to complete an investigation
in 24 hours, the police produce the suspect in court and seek orders for either police or judicial
custody.

Bail for a Woman:

• The Criminal Procedure Code, 1973, does not define bail, although the terms bailable offence and
non-bailable offence have been defined in section 2(a) Cr.P.C.
• Section437 of the CrPC deals with bail in case of non- bailable offences. Under this person is
denied bail (some conditions are mentioned).

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• However, Section437 of the CrPC also contains exceptions such as the court may grant bail even
in these cases, if such person is under the age of 16 or is a woman or is sick or infirm.
• Anticipatory bail is a type of pre-arrest bail, and the court's authority to grant anticipatory bail is
discretionary. Section 438 is a procedural provision that addresses the right to personal liberty and
the presumption of innocence.

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Chargesheet in Indian system:
• Context: SC ruled that chargesheets are not ‘public documents’ and enabling their free public
access violates the provisions of the Criminal Code of Procedure (CrPC) as it compromises the
rights of the accused, victim, and the investigation agencies.
• A chargesheet, is defined under section 173, CrPC,is the final report prepared by a police officer
or investigative agency after completing their investigation of a case.
• A chargesheet must be filed against the accused with in a prescribed period of 60-90 days,
otherwise, the arrest is illegal, and the accused is entitled to bail.

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38. Grievance Appellate Committees:
• Context: Govt notified three GACs
• They will address user complaints against social media and other internet-based platforms.
• These panels will be chaired as follows:
• First Panel by the chief executive officer of the IC4 under MHA.
• Second Panel by the joint secretary in charge of the Policy and Administration Division in the Min
of IB.
• Third Panel by a senior scientist at the Meity.
• The GACs will deal with two categories of disputes:
• Violation of law and rights of users including the right to free speech and privacy
• Contractual dispute between a platform’s community guidelines and a user
• GACs will adopt an online dispute resolution mechanism where the entire appeal process, from its
filing to the final decision, will be done online.

39. SC judgement on Fishing:

• SC has given permission to fishermen using Purse Seine Fishing gear to fish beyond territorial
waters (12 nautical miles) and within the Exclusive Economic Zone (EEZ) (200 nautical miles) of
Tamil Nadu but observing certain restrictions.
• This comes in the backdrop against the banning of purse seine fishing by the Tamil Nadu
Government in February 2022.
• SC has restricted the purse seiner to fish on two days, Monday and Thursday from 8am to 6pm
revoking the complete ban imposed by Tamil Nadu government.
• Article 297 of the constitution primarily deals with what to include with territorial waters,
continental shelf, and exclusive economic zone.

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• Article 297(1) meant that every land, all minerals, and other valuable things found underneath the
ocean within the maritime zones such as territorial waters or continental shelf, and the exclusive
economic zone of India had to be used for the Union’s purposes.
• Article 297(3) also notifies that the limits of the maritime zones would be changed and adjusted
according to laws made by the Parliament.

40. Judgement on Foreigners:

• Delhi High Court has ruled that a foreigner cannot claim the right to be appointed as the legal
guardian of a person with disabilities or the protection guaranteed under Part III of the Constitution,
as available to Indian citizens.

41. Rules on Expunging from the Record:

• The decision of what parts of a speech are to be expunged lies with the Presiding Officer of the
House.
• Under Article 105(2) of the Indian Constitution , Members of Parliament enjoy immunity from
court proceedings for their statements in Parliament. However, their speeches are subject to the
discipline of the Rules of Parliament, the "good sense" of its Members, and the control of
proceedings by the Speaker.
• Rule 380 of the Rules of Procedure and Conduct of Business in Lok Sabha gives the Speaker the
discretion to expunge any words or expressions used in debate that are considered defamatory,
indecent, unparliamentary, or undignified.

43. SC judgement on Article 19/21:

• Supreme Court has ruled that a fundamental right under Article 19/21 can be enforced even
against persons other than states or its instrumentalities.
• The court took this view while ruling that right of free speech and expression guaranteed under the
Article 19(1)(a) cannot be curbed by any additional grounds other than those already laid sdown in
Article 19(2).

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42. SC to review Schedule caste order:
• Context: Petition challenging the Constitution (Scheduled Castes) Order of 1950, which allows
only members of Hindu, Sikh and Buddhist religions to be recognised as SCs was filed.
• When enacted, the Constitution (Scheduled Castes) Order of 1950, initially provided for
recognising only Hindus as SCs, however, later with 1956 and 1990 amendments, Dalits who had
converted to Sikhism and who had converted to Buddhism were also included.
• Further, any amendment in the list of Scheduled Castes can be made only by an Act of Parliament,
in view of clause (2) of Article 341 of Constitution of India, no time frame can be assigned in the
matter.

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Earlier news: Allahabad HC held that only parliament can update list of SC, quashing UP
government’s notification to add some OBC communities into SC.

43. FUNDAMENTAL DUTIES

The list of Fundamental Duties as per Article 51A of the Indian Constitution is as follows:
• To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India,
transcending religious, linguistic, and regional or sectional diversities.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and
to have compassion for living creatures.
• To develop the scientific temper, humanism, and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.
Note: Although the Fundamental Duties are not legally enforceable, they are considered to be an
important part of the constitutional framework and serve as a reminder of the obligations and
responsibilities of every citizen towards the nation.

44. RIGHT TO PROPERTY

• The right to property was initially included as a fundamental right in the Indian Constitution under
Article 19(1)(f) and Article 31. This right was meant to protect an individual's right to acquire, hold,
and dispose of property.
• However, the right to property was seen as an obstacle to land reforms, which were deemed
necessary to reduce economic disparities and ensure social justice.
• In 1955, the first amendment to the Constitution was made, which curtailed the right to property
by allowing the government to impose reasonable restrictions on it in the interest of the general
public.
• In 1972, the government passed the Kerala Land Reforms Act, which was challenged in the
Supreme Court. The court upheld the law but also declared that the right to property was not a
fundamental right but a legal right.

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• In 1977, the government passed the 44th amendment to the Constitution, which removed the right
to property as a fundamental right and made it a legal right under Article 300A. This meant that the
government could acquire property for public purposes but had to provide compensation for it.

• Art 300A states that no person shall be deprived of his property.

45. PREAMBLE
Important concepts related to Preamble:
• Sovereignty: It refers to the supreme power of the State to govern itself without any external
interference. The Constitution of India gives the sovereignty to the people of India.
• Secular: It means that the State has no official religion and every citizen has the freedom to
follow any religion of their choice.
• Democratic: It means that the government is elected by the people through a free and fair election
process. The citizens of India have the right to vote and participate in the democratic process.
• Republic: It means that the head of the State is elected by the people and not a hereditary
monarch.
• Socialist: It means that the State has the responsibility to provide for the welfare of the people and
to reduce economic inequalities.
JUSTICE : Justice in the Preamble means social, political and economical justice
• The ideal of justice—social, economic and political—has been taken from the Russian Revolution
(1917).
LIBERTY • Liberty is the essential requirement of democratic and free society.
• The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same
time, providing opportunities for the development of individual personalities.
• The ideals of liberty, equality and fraternity in our Preamble have been taken from the French
Revolution (1789–1799).
EQUALITY • The Preamble secures to all citizens of India equality of status and opportunity. This
provision embraces three dimensions of equality—civic, political and economic.
FRATERNITY • Fraternity means a sense of brotherhood. (assured by the system of single
citizenship) . The Preamble declares that fraternity has to assure two things—the dignity of the
individual and the unity and integrity of the nation.
• The term Fraternity is (perhaps) incorporated from the article 1 of Universal Declaration of
Human Rights 1948

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Cases related to Preamble:
• Kesavananda Bharati Case (1973): In this case, the Supreme Court held that the Preamble is a part
of the Constitution and that the power of Parliament to amend the Constitution does not extend to
the Preamble.
• S.R. Bommai Case (1994): In this case, the Supreme Court held that secularism is a part of the
basic structure of the Constitution and cannot be amended by Parliament.
• Indira Nehru Gandhi v. Raj Narain Case (1975): In this case, the Supreme Court held that
democracy and free and fair elections are essential to the basic structure of the Constitution.
• Minerva Mills Ltd. v. Union of India Case (1980): In this case, the Supreme Court held that
socialism is a part of the basic structure of the Constitution and cannot be amended by Parliament.

46. FORM OF GOVERNMENTS

Constitutional government means government is restricted under constitution and its actions should
be within the boundary of constitution.

Parliamentary Form of Government:

• In a parliamentary form of government, the executive branch (the government) is accountable to
the legislature (the parliament).

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• The head of state is typically a ceremonial figure, while the head of government is usually the
prime minister, who is elected by the members of the parliament.
• The prime minister and other members of the government are responsible to the parliament and
can be removed by a vote of no confidence.
• Examples of countries with a parliamentary form of government include the United Kingdom,
India, Japan, Canada, Australia, and many others.
Features of Parliamentary Form of Government:
• The parliamentary form of government is based on the principle of the separation of powers
between the legislature, executive, and judiciary.
The executive is accountable to the legislature, and the legislature is accountable to the people.
• The head of the government is the Prime Minister, who is appointed by the President, but is
accountable to the parliament.
• The legislature is made up of two houses: the lower house (Lok Sabha) and the upper house
(Rajya Sabha).
• The Prime Minister and the Council of Ministers are responsible to the Lok Sabha and can be
removed from office by a vote of no-confidence.
• The parliamentary system allows for frequent elections, ensuring that the government remains
accountable to the people.
• The parliamentary system encourages debate and discussion, leading to the formulation of better
policies and laws.
Presidential Form of Government:
• In a presidential form of government, the executive branch (the government) is separate from the
legislative branch (the parliament or congress).
• The head of state is also the head of government and is elected separately from the legislature.
• The president typically has more direct power and authority than the prime minister in a
parliamentary system.
• Examples of countries with a presidential form of government include the United States, Brazil,
Mexico, Argentina, and many others.
Countries with Hybrid Forms of Government:
• Some countries have a hybrid form of government, with elements of both parliamentary and
presidential systems.
• For example, France has a semi-presidential system, where the president has significant powers
but must work with a prime minister and a parliament.
• Russia and many other former Soviet republics have a mixed system, where the president is the
head of state and the prime minister is the head of government, but with different degrees of power
and authority.

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47. Interstate Council:
• The Interstate Council is a constitutional body established under Article 263 of the Indian
Constitution.
• Its aim is to promote coordination and cooperation among the states of India, and between the
Centre and the states.
• It is chaired by the Prime Minister of India, and its members include the Chief Ministers of all the
states, and members of the Union Cabinet.
• The Council meets at least once a year, and its functions include discussing matters of common
interest, formulating recommendations for the better coordination of policies and action, and
reviewing the implementation of policies and programs.

48. Prison Act:

• The Prison Act is a law enacted by the Indian Parliament in 1894.
• Its aim is to provide for the regulation of prisons and the treatment of prisoners in India.
• The act lays down the rules for the management and administration of prisons, including the
classification of prisoners, their treatment, and their welfare.
• The act also provides for the appointment of Inspectors of Prisons to oversee the implementation
of the provisions of the act.
• The act has been amended several times to address the changing needs of the prison system in
India.

49. TERM STATE, GOVERNMENT ,NATION.

STATE
a. A community of persons permanently occupying a definite territory independent of external
control and possessing an organized government
b. A politically organized people of a definite territory and possessing an authority to govern them,
maintain law and order, protect their natural rights and safeguard their means of sustenance
c. A number of persons who have been living in a definite territory for a very long time with their
own culture, tradition and government
d. A society permanently living in a definite territory with a central authority, an executive
responsible to the central authority and an independent judiciary.

Meaning of Government:
• The government is the system or group of people responsible for the governance of a country,
state, or community.

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• The government is responsible for making and enforcing laws, maintaining public order and
safety, providing public services, and regulating the economy.
• The government is composed of various branches and levels, including the executive, legislative,
and judiciary.
• The government can be either democratic or authoritarian, depending on the type of system in
place.

Difference between Country, Nation, and State:

• A country is a geographical region that is defined by its borders, and it may or may not have a
government or political system.
• A nation is a group of people who share a common culture, language, history, and identity. It may
or may not have its own country or political system.
• A state is a political entity that has a government, a defined territory, and sovereignty over its
internal affairs.
• A state can be composed of one or more countries, and it can be home to one or more nations.
• Countries can exist without states, such as Antarctica, which has no government or political
system.
• Nations can exist without countries, such as the Kurds, who have a distinct culture and identity but
do not have their own country.
• States are the highest form of political organization and have the power to govern their citizens
and make decisions on their behalf.

50. JUDICIARY
Provisions of Ad-hoc Judges:
• Ad-hoc judges are temporary judges appointed by the Chief Justice of a High Court to clear the
backlog of pending cases in the court.
• They are appointed for a fixed term, which is usually one year, and can be extended for a
maximum of two years.
• Ad-hoc judges are appointed from among retired judges or eminent lawyers with at least ten years
of practice experience.
• The appointment of ad-hoc judges requires the approval of the President of India.

Comparison between Powers of High Courts Vis-à-vis Supreme Court:

• The Supreme Court is the highest court in India, while the High Courts are the highest courts in
each state.

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• The Supreme Court has the power of judicial review, which allows it to review and strike down
laws passed by the Parliament or the state legislatures if they violate the Constitution.
• The High Courts also have the power of judicial review, but it is limited to the laws passed by the
state legislatures.
• The Supreme Court has the power to issue writs, such as habeas corpus, mandamus, certiorari,
etc., which are not available to the High Courts.
• The Supreme Court can also hear cases that are referred to it by the President of India, while the
High Courts do not have this power.
• The Supreme Court can hear appeals from the High Courts, while the High Courts can hear
appeals from lower courts in their respective states.
• The Supreme Court has the power to interpret the Constitution and provide guidance to the lower
courts, while the High Courts do not have this power.

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Supreme court jurisdiction

Original Jurisdiction
•Article 32 of the Constitution of India grants original jurisdiction to the Supreme Court on
all cases involving the enforcement of fundamental rights of citizens.
•Thus, the Supreme Court has the power to grant writs, directives, and orders, such as
mandamus, habeas corpus, quo warranto, prohibition, and certiorari.
•The Supreme Court also has the authority to order the transfer of a criminal or civil matter
from one state's high court to another state's high court.
•It can also transfer matters from one subordinate court to the State High Court of another
state.
•The Supreme Court, as a federal court, hears cases involving the Indian Federation's
various components. Example, any disagreement:
•Between the Centre and one or more states;
•Between the Centre and any state or states on one side and one or more other states
on the other;
•Between two or more states.
•If the Supreme Court determines that cases involving the same legal issues are pending
before it and one or more High Courts, and that these are important legal issues, it has the
authority to withdraw the cases from the High Court or Courts and resolve all of the cases
itself.

Exclusive Original Jurisdiction

•The Supreme Court has exclusive original jurisdiction over the aforementioned federal
matters.
•Exclusive indicates that no other court has the authority to settle such problems and original
means that the ability to hear such matters in the first instance, without recourse, is granted.
•In the case of the Supreme Court’s Exclusive Original Jurisdiction, two points have to be
noted -
•One, the disagreement must center on a question (whether legal or factual) that
determines the existence or scope of a legal right. As a result, it excludes questions of
a political nature.
•Two, any litigation filed in the Supreme Court by a private individual against the
Centre or a state is barred under this provision.

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Furthermore, the Supreme Court's jurisdiction does not include the following:
1.Any pre-Constitutional treaty, agreement, covenant, engagement, sanad, or other similar
document that gives rise to a dispute.
2.A dispute resulting from a treaty, agreement, or other arrangements that expressly states
that the jurisdiction does not extend to such a matter.
3.Water conflicts between states.
4.Matters referred to the Commission on Finance.
5.The Centre and the states must adjust some costs and pensions.
6.A regular commercial conflict between the Centre and the states.
7.Recovery of damages by a state against the Centre
*The first complaint, filed in 1961 within the original jurisdiction by West Bengal. West Bengal
filed a case before the Supreme Court against the Centre. The state government questioned the
constitutionality of the Coal Bearing Areas (Acquisition and Development) Act of 1957, which
regulates the acquisition and development of coal-bearing areas. Parliament passed it and the
Supreme Court dismissed the complaint because the Act was found to be lawful.

51. CITIZENSHIP
• In Pradeep Jain v. Union of India, the Supreme Court has held that in India, Article 5 recognizes
only one domicile viz., domicile of India.
• A citizen apart from birth in India that is a Naturalised Citizen can also become head of the state .
The point is that person should be a citizen
• 3 ways – Renunciation, Termination and Deprivation – has been prescribed in the Citizenship Act,
1955 for losing citizenship of a citizen.

Acquisition of Citizenship:
• Citizenship can be acquired by birth, descent, registration, or naturalization.
• Citizenship by birth is determined by the principle of jus soli (right of soil) or jus sanguinis (right
of blood).
• Citizenship by descent is obtained if one or both parents are citizens of a particular country.
• Citizenship by registration is obtained by applying and fulfilling certain eligibility criteria.
• Citizenship by naturalization is obtained by residing in a country for a specified period and
meeting certain criteria, such as knowledge of the language and history of the country.
Termination of Citizenship:
• Citizenship can be terminated voluntarily or involuntarily.
• Citizenship can be terminated voluntarily by renunciation or giving up of citizenship.

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• Citizenship can be terminated involuntarily by deprivation, which can occur if a citizen is found
guilty of treason, espionage, or other serious crimes.

52. IMPORTANT JUDGEMENTS

• Kesavananda Bharati v. State of Kerala (1973): This case is also known as the Fundamental
Rights case, and it is a landmark case in Indian constitutional history. The Supreme Court of India
declared that the Parliament cannot amend the basic structure of the Constitution.
• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court of India in this case declared
that there are some limitations to Parliament’s power to amend the Constitution. It was held that
Parliament cannot destroy the basic structure of the Constitution while amending it.
• Maneka Gandhi v. Union of India (1978): This case is related to Article 21 of the Indian
Constitution, which provides for the protection of life and personal liberty. The Supreme Court of
India held that the right to life and personal liberty includes the right to travel abroad.
• Indira Nehru Gandhi v. Raj Narain (1975): This case is related to the elections in India. The
Supreme Court of India held that the election of Indira Gandhi as the Prime Minister of India was
void on the grounds of electoral malpractices.
• S. R. Bommai v. Union of India (1994): In this case, the Supreme Court of India laid down the
principle of federalism in India. It was held that the federal structure of India is part of the basic
structure of the Constitution.
• Puttaswamy v. Union of India (2017): This case is related to the right to privacy in India. The
Supreme Court of India held that the right to privacy is a fundamental right under the Indian
Constitution.
• Shreya Singhal v. Union of India (2015): This case is related to the right to freedom of speech
and expression. The Supreme Court of India struck down Section 66A of the Information
Technology Act, 2000, as it violated the right to freedom of speech and expression.
• Navtej Singh Johar v. Union of India (2018): This case is related to the decriminalization of
homosexuality in India. The Supreme Court of India held that Section 377 of the Indian Penal Code,
which criminalized homosexuality, was unconstitutional.
• K. S. Puttaswamy v. Union of India (2017): This case is related to the Aadhaar Card in India.
The Supreme Court of India held that the Aadhaar Card is constitutional, but it is not mandatory for
all purposes.
• Common Cause (A Regd. Society) v. Union of India (2018): This case is related to passive
euthanasia in India. The Supreme Court of India held that a person has the right to die with dignity,
and passive euthanasia is legal in India under certain circumstances.

53. MONEY BILL

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• It can be introduced only in the Lok Sabha and not in thein the Rajya Sabha.
• It can be introduced only by a minister.
• It can be introduced only on the recommendation of the President
• It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with
or without recommendations, which may be accepted or rejected by the Lok Sabha.
• It can be detained by the Rajya Sabha for a maximum period of 14 days only.
• 6 It requires the certification of the Speaker when transmitted to the Rajya Sabha.
• It is sent for the President's assent even if it is ck due approved by only Lok Sabha. There is no
chance of sitting any disagreement between the two Houses and hence, dent to there is no provision
of joint sitting of both the Houses in this regard.
• Its defeat in the Lok Sabha leads to the resignation of the government.
• It can be rejected or approved but cannot be returned for reconsideration by the President.

54. CABINET
• It is a smaller body consisting of 15 to 20 ministers.
• It includes the cabinet ministers only. Thus, it is a part of the council of ministers.
• It meets, as a body, frequently and usually once in a week to deliberate and take decisions
regarding the transaction of government business. Thus, it has collective functions.
• It exercises, in practice, the powers of the council of ministers and thus, acts for the latter.
• It directs the council of ministers by taking policy decisions which are binding on all ministers.
• It supervises the implementation of its decisions by the council of ministers.
• It was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment
Act. Thus, it did not find a place in the original text of the Constitution. Now also, Article 352 only
defines the cabinet saying that it is the council consisting of the prime minister and other ministers
of cabinet rank appointed under Article 75' and does not describe its powers and functions. In other
words, its role in our politico administrative system is based on the conventions of parliamentary
government as developed in Britain.
• It enforces the collective responsibility of the council of ministers to the Lower House of
Parliament.

55. PRESIDING OFFICERS

Chairman of Rajya Sabha:

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• Presides over the proceedings of the Rajya Sabha and maintains order and decorum.
• Conducts the business of the House and ensures that the rules and procedures are followed.
• Decides on the admissibility of questions and amendments.
• Allots time for the discussion of various issues and Bills.
• Can convene a joint sitting of both the Houses of Parliament in case of a deadlock.
• Doesn't have the right to vote, unless the votes are equally divided, then he can use his casting
vote.

Deputy Chairman of Rajya Sabha:

• Acts as the Chairman in his absence.
• Can participate in the proceedings of the House and vote as any other member, except when he is
presiding over the House.
• Can perform other functions that the Chairman may assign him.

Speaker of Lok Sabha:

• Presides over the proceedings of the Lok Sabha and maintains order and decorum.Conducts the
business of the House and ensures that the rules and procedures are followed.
• Decides on the admissibility of questions and amendments.
• Allots time for the discussion of various issues and Bills.
• Can convene a joint sitting of both the Houses of Parliament in case of a deadlock.
• Doesn't have the right to vote, unless the votes are equally divided, then he can use his casting
vote.

Deputy Speaker of Lok Sabha:

• Acts as the Speaker in his absence.
• Can participate in the proceedings of the House and vote as any other member, except when he is
presiding over the House.
• Can perform other functions that the Speaker may assign him.
Regarding voting rights:
• The Chairman, Deputy Chairman, Speaker and Deputy Speaker do not have the right to vote,
except when the votes are equally divided, in which case they can use their casting vote.
• Nominated members of the Parliament do not have the right to vote in the Presidential elections,
but they do have the right to vote in the Vice Presidential elections.

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56. NALSA
• National Legal Services Authority (NALSA) is a statutory body constituted under the Legal
Services Authorities Act, 1987, with the objective of providing free legal aid and services to the
underprivileged and marginalized sections of society.
The key roles and functions of NALSA include:
• Providing legal aid and services to marginalized and vulnerable sections of the society, including
women, children, Scheduled Castes and Scheduled Tribes, victims of natural disasters, and persons
with disabilities, among others.
• Conducting Lok Adalats or people's courts that act as an alternative dispute resolution mechanism
to resolve disputes amicably outside the formal judicial system.
• Undertaking legal awareness programmes to educate people about their rights and entitlements
and to empower them to access justice.
• Providing financial assistance to State Legal Services Authorities to implement legal aid
programmes and schemes.
• Issuing guidelines and policies for the effective implementation of legal aid programmes and
schemes across the country.
• Collaborating with other governmental and non-governmental organizations to promote legal aid
and access to justice.

57. ATTORNEY GENERAL

The Attorney General of India is the highest law officer of the country and is appointed by the
President of India. The main rights, duties, and functions of the Attorney General of India are:
Rights:
• Participate in the proceedings of the Lok Sabha and the Rajya Sabha without the right to vote.
• Have the right of audience in all courts in India.
• Take part in the proceedings of the Parliament's joint sitting and of any committee of the
Parliament of which he/she may be named a member, without the right to vote.
Duties:
• Give legal advice to the government of India on all matters referred to him/her.
• Represent the Government of India in legal matters and proceedings, civil or criminal, in which
the government is a party.
• Appear on behalf of the Government of India in any reference made by the President to the
Supreme Court under Article 143 of the Constitution.
• To appear and act on behalf of the government of India in any reference made by the Governor of
a state under Article 192 of the Constitution.

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• To discharge such other functions as may be assigned to him/her by the President or the
Government of India.
Functions:
• To give legal advice to the government on all matters referred to him/her, including questions of
law and the legal aspects of policy decisions.
• To represent the government of India in courts and tribunals and to appear on behalf of the
government in all civil and criminal cases in which the government is a party.
• To advise the government on legal matters arising out of international agreements and treaties.
• To participate in the formulation of legal policy and legislative proposals and to give his/her
opinion on questions of legal importance referred to him/her by the government.
• To represent the government of India in any international court, tribunal, or commission where the
government is a party or has an interest.

58. DPSP
They provide guidelines to Central and State governments in India, to be kept in mind while
framing laws and policies
• Articles 36-51 under Part-IV deal with DPSPs
• They cannot be enforced by any court, but these principles are fundamental in the governance of
the country and it shall be the duty of the State to apply these principles in making laws
• The framers of the Constitution borrowed this idea from the Irish Constitution of 1937
• Dr B R Ambedkar described these principles as ‘novel features’ of the Indian Constitution
• The basic aim of DPSPs is to set up social and economic goals before the lawmakers, bring socio-
economic change in the country, reshape the structure of Indian society in direction of greater socio-
economic equality.
• They embody the concept of a welfare state-> Article 38 of the Constitution states that: “The
state shall strive to promote the welfare of the people by securing and protecting as effectively as it
may, a social order in which justice – social economic and political – shall pervade all institutions of
national life.”

Classification of Principles: The Directive Principles are classified on the basis of their
ideological source and objectives. These are Directives based on:
Socialist Principles
Gandhian Principles
Liberal and Intellectual Principles

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Directives based on Socialist Principles
Article 38: The State shall strive to promote the welfare of the people by securing and protecting
a social order by ensuring social, economic and political justice and by minimising inequalities
in income, status, facilities and opportunities
Articles 39: The State shall in particular, direct its policies towards securing:
Right to an adequate means of livelihood to all the citizens.
The ownership and control of material resources shall be organised in a manner to serve the
common good.
The State shall avoid concentration of wealth in a few hands.
Equal pay for equal work for both men and women.
The protection of the strength and health of the workers.
Childhood and youth shall not be exploited.
Article 41: To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disability.
Article 42: The State shall make provisions for securing just and humane conditions of work
and for maternity relief.
Article 43: The State shall endeavour to secure to all workers a living wage and a decent
standard of life.
Article 43A: The State shall take steps to secure the participation of workers in the
management of industries.
Article 47: To raise the level of nutrition and the standard of living of people and to improve
public health.

Directives based on Gandhian Principles

Article 40: The State shall take steps to organise village panchayats as units of Self
Government
Article 43: The State shall endeavour to promote cottage industries on an individual or
cooperative basis in rural areas.
Article 43B: To promote voluntary formation, autonomous functioning, democratic control and
professional management of cooperative societies.
Article 46: The State shall promote educational and economic interests of the weaker
sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (Sts)
and other weaker sections.
Article 47: The State shall take steps to improve public health and prohibit consumption of
intoxicating drinks and drugs that are injurious to health.
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve their breeds.

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Directives based on Liberal-Intellectual Principles
Article 44: The State shall endeavour to secure for the citizen a Uniform Civil Code through the
territory of India.
Article 45: To provide early childhood care and education for all children until they complete
the age of six years.
Article 48: To organise agriculture and animal husbandry on modern and scientific lines.
Article 48A: To protect and improve the environment and to safeguard the forests and
wildlife of the country.
Article 49: The State shall protect every monument or place of artistic or historic interest.
Article 50: The State shall take steps to separate judiciary from the executive in the public
services of the State.
Article 51: It declares that to establish international peace and security the State shall
endeavour to:
Maintain just and honourable relations with the nations.
Foster respect for international law and treaty obligations.
Encourage settlement of international disputes by arbitration.
Amendments in DPSP:
42nd Constitutional Amendment, 1976: It introduced certain changes in the part-IV of the
Constitution by adding new directives:
Article 39A: To provide free legal aid to the poor.
Article 43A: Participation of workers in management of Industries.K1M
Article 48A: To protect and improve the environment.
44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares that;
“The State in particular shall strive to minimise economic inequalities in income and eliminate
inequalities in status, facilities and opportunities not amongst individuals but also amongst
groups”.
It also eliminated the Right to Property from the list of Fundamental Rights.
86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21 A.

Conflicts Between Fundamental Rights and DPSP: Associated Cases

Champakam Dorairajan v the State of Madras (1951): In this case, the Supreme Court ruled
that in case of any conflict between the Fundamental Rights and the Directive Principles, the
former would prevail.
It declared that the Directive Principles have to conform to and run as subsidiary to the
Fundamental Rights.

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 It also held that the Fundamental Rights could be amended by the Parliament by enacting
constitutional amendment acts.
Golaknath v the State of Punjab (1967): In this case, the Supreme Court declared
that Fundamental Rights could not be amended by the Parliament even for implementation of
Directive Principles.
It was contradictory to its own judgement in the ‘Shankari Parsad case’.
Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme Court overruled
its Golak Nath (1967) verdict and declared that Parliament can amend any part of the
Constitution but it cannot alter its “Basic Structure”.
Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental Rights.
Minerva Mills v the Union of India (1980): In this case, the Supreme Court reiterated that
Parliament can amend any part of the Constitution but it cannot change the “Basic Structure” of
the Constitution.

Implementation of DPSP: Associated Acts and Amendments

Land Reforms: Almost all the states have passed land reform laws to bring changes in the
agrarian society and to improve the conditions of the rural masses. These measures include:
Abolition of intermediaries like zamindars, jagirdars, inamdars, etc
Tenancy reforms like security of tenure, fair rents, etc
Imposition of ceilings on land holdings
Distribution of surplus land among the landless labourers
Cooperative farming
Labour Reforms: The following acts were enacted to protect the interests of the Labour section
of the society.
The Minimum Wages Act (1948), Code on Wages, 2020
The Contract Labour Regulation and Abolition Act (1970)
The Child Labour Prohibition and Regulation Act (1986)
Renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986 in
2016.
The Bonded Labour System Abolition Act (1976)
The Mines and Minerals (Development and Regulation) Act, 1957
TheMaternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to
protect the interests of women workers.

59. JUDICIAL REVIEW

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Judicial Review: It is the power of Judiciary to review any act or order of Legislative and Executive
wings and to pronounce upon the constitutional validity when challenged by the affected person
• It comes from the Constitution of India itself
- Articles 13, 32, 136, 142 and 147 of the Constitution
• It is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975)
• Significance: maintaining the supremacy of the Constitution, checking the possible misuse of
power by the legislature and executive, safeguard citizen’s liberties and ideals on which constitution
is based, maintains the federal balance and prevents tyranny of executives.

60. Rajya sabha vis a vis Loksabha

Special Powers of Lok Sabha

• Only the Lok Sabha can introduce a money bill under Article 110.
• Only the Lok Sabha can introduce a financial bill under Article 110 (1).
• The Speaker of the Lok Sabha determines whether bills are Money Bills or not.
• The Lok Sabha can express a lack of confidence with the government:
o By failing to pass a motion of thanks for the President's inaugural address.
o By Rejecting a money bill
o By passing a censure motion or an adjournment motion
o By defeating the government on a vital issue
o By passing a cut motion.

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Special Powers of Rajya Sabha:
It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249)
• It can authorise the Parliament to create new All-India Services common to both the Centre
and states (Article 312)
• It can alone initiate a move for the removal of the Vice- President of India.

61. MPLADS
It was launched in 1993 to enable MPs to recommend development works in their constituencies
with emphasis on the creation of durable community assets based on the local needs
• The scheme is implemented by Ministry of Statistics & Programme Implementation (MoSPI)
• It is a central sector scheme
• Each year MPs receive Rs. 5 crores in two instalments of Rs. 2.5 crore each which are non-
lapsable
• MPs are to recommend every year, works costing at least 15% of the MPLADS entitlement for the
year for areas inhabited by SCs and 7.5% for areas inhabited by S.T. population
• District Authority would be responsible for overall coordination and supervision of the works at
the district level and inspect at least 10% of the works under implementation every year
• Lok Sabha Members can recommend works within their Constituencies and Elected Members of
Rajya Sabha can recommend works within the State of Election
• Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works anywhere in
the country
• Funds for MPLADS can be converged with MGNREGS for creating more durable assets and with
National Program for Development of Sports
• Union Cabinet has approved the restoration of MPLADS for Financial Year 2021-22 till 2025-26
which will be co-terminus with the period of the 15th Finance Commission.

62. Right to Constitutional remedies (Article 32):

It is considered the most important article of the Constitution as it provides that the right to get
Fundamental Rights protected is itself a fundamental right
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution

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• Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article
32 and not any other right like non fundamental constitutional rights, statutory rights, customary
rights etc.
• It contains the following four provisions:
o The right to move the Supreme Court by appropriate proceedings for the enforcement of the
Fundamental Rights.
o The Supreme Court shall have power to issue directions or orders or writs for the enforcement of
any of the fundamental rights.
o Parliament can empower any other court to issue directions, orders and writs of all kinds – It does
not include high courts because (Article 226) it already conferred these powers on the high courts.
o The right to move the Supreme Court shall not be suspended except as otherwise provided for by
the
Constitution - In the case of national emergency, the right can be suspended by the President
(Article 359).

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63. 7th SCHEDULE

7th Schedule
The seventh schedule under Article 246 of the constitution deals with the division of powers
between the union and the states.
It contains three lists- Union List, State List and Concurrent List.
• The union list details the subjects on which Parliament may make laws while the state list
details those under the purview of state legislatures.
• The concurrent list on the other hand has subjects in which both Parliament and state
legislatures have jurisdiction. However the Constitution provides federal supremacy to
Parliament on concurrent list items in case of a conflict.
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State
List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals
and birds, and (e) administration of justice; constitution and organisation of all courts except
the Supreme Court and the high courts.

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64. ‘GUILTY BY ASSOCIATION’ DOCTRINE
Context- The Supreme Court has decided to reconsider for its 2011 judgments that ruled that mere
membership of a banned organisation cannot be a crime, observing that there was no challenge to
the law when the doctrine of “guilt by association” was rejected nor was the Union government
heard before the verdict.
What is Guilty by Association mean?

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• Guilt by association, also known as the association fallacy, is officially defined as “guilt ascribed
to someone not because of any evidence, but because of their association with an offender.”
• In this particular context, an individual can face criticism or backlash as a result of their likeness
to an existing group or entity.
• Conversely, honour by association describes a situation where someone is lauded as a result of
their affiliation with groups that are perceived in a positive light.
Government’s plea against the judgement:
• The solicitor general of India, representing the Union government, argued that the 2011 judgments
failed to consider a raft of significant considerations, including the legislative intent and the fact that
Parliament, in its wisdom, has engrafted certain provisions to keep the security of the nation intact.

The right to form an association cannot be an unbridled right, and when it affects sovereignty and
integrity of the country, restrictions will be reasonable. The law is preventive in nature and not just
punitive.

65. DELEGATED LEGISLATION

Recently, the majority ruling of the Supreme Court upheld the validity of the delegated legislation
in the Centre’s 2016 decision on demonetisation.
About Delegated Legislation:
Parliament routinely delegates certain functions to authorities established by law since every aspect
cannot be dealt with directly by the lawmakers themselves.
This delegation of powers is noted in statutes, which are commonly referred to as delegated
legislation.
The delegated legislation would specify operational details, giving power to those executing the
details.
Regulations and by-laws under the legislation are classic examples of delegated legislation.
In 1973, the Supreme Court ruling explains the concept as: “The practice of empowering the
Executive to make subordinate legislation within a prescribed sphere has evolved out of practical
necessity and pragmatic needs of a modern welfare State”.
Supreme Court’s opinion on Delegation of powers:
The majority verdict held that since the delegation of power is to the Centre which is anyway
answerable to the Parliament, the delegation power cannot be struck down.
In case the Executive does not act reasonably while exercising its power of delegated legislation, it
is responsible to Parliament who are elected representatives of the citizens for whom there exists a
democratic method of bringing to book the elected representatives who act unreasonably in such
matters.

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A 1959 landmark ruling in Hamdard Davakhana v Union of India, the Supreme Court had struck
down the delegation of powers on the grounds that it was vague.

66. Judicial Majoritarianism

As the recent majority judgment of the Supreme Court on demonetisation comes under criticism,
the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional
acquiescence to the Central government.
About Judicial Majoritarianism:
• As opposed to standard matters heard by Division Benches consisting of two judges, numerical
majorities are of particular importance to cases which involves substantial interpretation of
constitutional provisions.
• In such cases, Constitutional Benches, consisting of five or more judges, are set up in consonance
with Article 145(3) of the Constitution.
o Such Benches usually consist of 5, 6, 9, 11 or even 13 judges.
• This is done to facilitate decision-making by ensuring numerical majorities in judicial outcomes.
Article 145(5) of the Constitution: It states that no judgment in such cases can be delivered except
with the concurrence of a majority of the judges but that judges are free to deliver dissenting
judgments or opinions.

67. Doctrine of necessity

Recently, the Competition Commission of India (CCI) Invoked the “doctrine of necessity” to clear
six deals involving mergers & acquisitions (M&A) and investment proposals.
About Doctrine of necessity:
• It allows the legal authorities to carry out certain activities which are not permitted in the normal
course.
• This term is used to describe a principle of constitutional law, where inan emergency or an exigent
circumstance, a state may legally act which in other circumstances is deemed to be illegal.
• The term was first used in 1954 in a controversial judgment in Pakistan.
• The Doctrine of Necessity was changed to the Doctrine of Absolute Necessity in the case of
“Election Commission of India v. Dr. Subramaniam Swamy”
• Outcome: This doctrine shall be used only in case of absolute necessity. It acts as a defense against
violating the law making the decision valid and not biased.
• Doctrine of necessity acts as an exception to ‘Nemo judex in causa sua’, where an authority is
disqualified on the grounds of a biased decision.

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68. REMISSION
Supreme Court has dismissed a plea by the Uttar Pradesh government to not bind the governor with
a three months deadline to decide on remission pleas of convicts serving a life term.
Previously, SC had directed the state government to decide on 2,248 cases of remission within three
months.
SC observation:
• Even a constitutional authority cannot say that she or he is above the law
• The law obligates each and every authority equally, and the Constitution ascertains there is no
vacuum even at the level of constitutional functionaries.
About Remission:
Remission is releasing a convicted prisoner before the expiry of their sentence. The concept of
remission was introduced through the Prisons Act, 1894.
Constitutional:
• Article 72: The President of India has the power to grant pardons, reprieves, respites or remissions
of punishment.
• Article 161: It empowers the Governor of the state to grant remission
• Prisons Act: Under this act, only state governments can frame rules for granting remission.

69. SCHEDULES OF INDIAN CONSTITUTION

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70. FUNDAMENTAL RIGHTS

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IMPORTANT JUDGEMENTS REGARDING FRs

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Important in current context

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Legal right vs fundamental right

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71. Fifth vs sixth schedule

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72. SEDITION
Key points:
1. It is defined as the illegal acts done of inciting people against the Government in power.
2. Section 124A IPC defines sedition
3. Sedition is a non-bailable offence
4. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to
which fine may be added.
5. Kedar Nath Singh vs State of Bihar case - the SC decided on the constitutionality of Section
124A
6. The law was originally drafted by Thomas Macaulay.

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73. NSA
Key points:
1. Under the NSA, a person is taken into custody to prevent him or her from acting in any manner
prejudicial to “the security of the state” or for “maintenance of the public order.”
2. It is an administrative order passed either by the Divisional Commissioner or the District
Magistrate — and not detention ordered by police based on specific allegations or for a specific
violation of the law.
3. Even if a person is in police custody, the DM can slap NSA against him.
4. Or, if a person has been granted bail by a trial court, he can be immediately detained under the
NSA.
5. If the person has been acquitted by the court, the same person can be detained under the NSA.
6. The law also takes away an individual’s constitutional right to be produced before the magistrate
within 24 hours as is the case when the accused is in police custody; the detained person also does
not have the right to move a bail application before a criminal court.
7. Also, the DM who passed the detention order is protected under the Act: no prosecution or any
legal proceeding can be initiated against the official who carried out the orders.
8. Therefore, the writ of Habeas Corpus is the only protection guaranteed under the Constitution
against the unchecked state power of taking people into custody under the NSA.
9. One crucial procedural safeguard under the NSA is granted under Article 22(5), where all the
detained persons have the right to make an effective representation before an independent advisory
board, which consists of three members; and the board is chaired by a member who is, or has been,
a judge of a High Court.

74. OFFICIAL SECRETS ACT 1923

Key points:
1. Official Secrets Act 1923 is essentially India’s anti-espionage law.
2. OSA has its roots in the British colonial era. The original version was The Indian Official Secrets
Act, 1889.
3. This was brought in with the main objective to clamp down on and silence newspapers that were
opposing the policies of British Raj.
4. It was amended and made more stringent in the form of The Indian Official Secrets Act, 1904,
during Lord Curzon’s tenure as Viceroy of India.
5. In 1923, a newer version was notified.

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6. OSA 1923 broadly deals with two aspects —
a. spying or espionage (and)
b. disclosure of other secret information of the government
7. However, the OSA does not define the secret information.
8. If guilty, a person may get up to 14 years’ imprisonment, a fine, or both. Both the person
communicating the information and the person receiving the information can be punished under the
OSA.

75. District Development Councils (DDCs) in J&K

The Centre amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up
of District
Key points:
1. DDCs will act as a new unit of governance in J&K
2. This structure will include a DDC and a District Planning Committee (DPC).
3. This system shall replace the District Planning and Development Boards in all districts.
4. It will also prepare and approve district plans and capital expenditure.
5. The term of the DDC will be five years.
6. The electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and
women.
7. The Additional District Development Commissioner (or the Additional DC) of the district shall
be the Chief Executive Officer of the District Development Council.
ROLE
• The DDC will be responsible for the formulation of development programmes of the area under its
authority.
• Five standing committees, one each for finance, development, public works, health and education,
and welfare will now be constituted in every DDC.

76. Question Hour

▪ The first hour of every parliamentary sitting is termed as Question hour. During this, MPs ask
questions to ministers and hold them accountable for functioning of their ministries.
▪ The questions can also be asked to the private members (MPs who are not ministers).

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▪ Regulation: It is regulated according to parliamentary rules. The presiding officers of the both
Houses (Rajya Sabha and Lok Sabha) are the final authority with respect to the conduct of Question
Hour.
▪ Regularity: Question Hour is held every day both in Lok Sabha (since 1952) and in Rajya Sabha
(since 1964).
▪ Notice Period: Before asking a question in the parliament, the member has to give a 15-day notice
to the Chairman/Speaker in a prescribed manner. Such a period can be reduced at the discretion of
the Chairman/Speaker.
▪ Limit on number of question: The permissible limit with respect to the question are only five a day
per member in Lok Sabha and seven per day in Rajya Sabha.

Kinds of Questions: There are three types of questions asked.

Starred question (distinguished by an asterisk)- this requires an oral answer and hence
supplementary questions can follow.
Unstarred question- this requires a written answer and hence, supplementary questions
cannot follow.
Short notice question is one that is asked by giving a notice of less than ten days. It is
answered orally.

Zero Hour
• Zero Hour is an Indian parliamentary innovation. It is not mentioned in the parliamentary rules
book.
• Under this, MPs can raise matters without any prior notice.
• The zero hour starts immediately after the question hour and lasts until the agenda for the day
(i.e. regular business of the House) is taken up.
• In other words, the time gap between the question hour and the agenda is known as zero hour.

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77. Impeachment of President in US vs India

78. Pardoning Power of Governor vs President

Pardoning Power of Governor under article 161

• Can Pardon, Commute, Respite, Reprieve, Remit – Punishments against state laws.

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• Cannot pardon sentences inflicted by court martial
• No time limit prescribed for governor
• Cr.P.C Section 435– Centre has to be consulted for any case investigated by Central agencies.

Judgement- On 3rd August 2021, the Supreme Court held that the Governor of a State can pardon
prisoners, including death row ones, even before they have served a minimum of 14 years of a
prison sentence.
The recent judgement regarding the Governor’s power to pardon overrides a provision in the
Code of Criminal Procedure — Section 433A —which mandates that a prisoner’s sentence can
be remitted only after 14 years of jail.

79. OFFICE OF PROFIT

Office of profit has not been defined in the constitution or under Representation of People Act
(RPA), 1951 but different courts have interpreted it to mean a position with certain duties that are
more or less of public character.
• Essence is that legislators should be able to carry out their duties in a free manner without any
obligation to government of the day.
• The office of profit law simply seeks to enforce a basic feature of the Constitution –the principle
of separation of power between the legislature and the executive.
Legal Provisions:
o Under Article 102 (1) and Article 191 (1), an MP or an MLA is barred from holding any office of
profit under the central or state government.
o Also under RPA 1951, holding an office of profit is grounds for disqualification.
o Parliament (Prevention of Disqualification) Act, 1959 lists the number of offices that are
exempted from disqualification.
Definition: By SC in Pradyut Bordoloi case
• Whether the government exercises control over appointment, removal
• Whether the office has any remuneration attached to it
• Whether the body in which the office is held has government powers
• Whether the office enables the holder to influence by way of patronage.

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80. RIGHT TO RECALL
• Right to Recall is a process whereby the electorate has the power to remove the elected officials
before the
expiry of their term. It is an example of instrument of direct democracy.
• Bill allows the recall of village sarpanches and members of the block-level and district-level
panchayats if they fail to perform.
• To recall, 50% members of a ward or gram sabha have to give in writing that they want to initiate
proceedings.
• This will be followed by a secret ballot, in which their recall will require two-third members
voting against them.

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81. LEGISLATIVE COUNCIL
• Just as Parliament has two Houses, the states can also have a Legislative Council in addition to the
Legislative Assembly through Article 169 of the Constitution.
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent
body and is not subject to dissolution.
• The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the
members retiring every two years.

At present Six States of India have a Legislative Council. These are Andhra Pradesh, Telangana,
Uttar Pradesh, Bihar, Maharashtra, Karnataka.

Additional Info
• A number of provisions in the Constitution can be amended by a simple majority of the two
Houses of Parliament outside the scope of Article 368. These provisions include:

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o Admission or establishment of new states
o Formation of new states
o Alteration of areas, boundaries or names of existing states
o Abolition or creation of legislative councils in states
o Acquisition and termination of Citizenship
• But to amend DPSP and FR’s, it requires Special majority of the Parliament.

82. CARVING NEW DISTRICTS

The procedure to alter districts
• The power to create new districts or alter or abolish existing districts rests with the State
governments.
• This can either be done through an executive order or by passing a law in the State Assembly.
• Many States prefer the executive route by simply issuing a notification in the official gazette.
• States argue that smaller districts lead to better administration and governance.
• Power of state to carve a district is suspended during delimitation.
The Centre has no role to play in the alteration of districts or creation of new ones. States are free to
decide.
However, Union Home Ministry comes into the picture when a State wants to change the name of a
district or a railway station. For seeking clearance, the State government’s request is sent to other
departments:
• Ministry of Earth Sciences
• Intelligence Bureau
• Department of Posts
• Geographical Survey of India
• Railway Ministry.

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83. EMERGENCY PROVISIONS

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MORE DETAIL

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 Grounds of Imposition of President Rule:

President’s rule has been imposed under any one of the following different circumstances:
1. When a state legislature is unable to elect a leader as Chief minister for a time prescribed by the
Governor of that state.

2. Breakdown of a coalition leading to the Chief minister having minority support in the house and
the Chief minister fails fail to prove majority, within a time prescribed by the Governor of that
state.

3. Loss of majority in the assembly due to a vote of no-confidence in the house.

4. Elections postponed for unavoidable reasons like war, epidemic or natural disasters.

5. On the report of the governor if the state machinery/legislature fails to abide by constitutional
norms.
S.R. Bommai judgement:
1. The verdict concluded that the power of the President to dismiss a State government is not
absolute.

2. President should exercise the power only after his proclamation is approved by both Houses of
Parliament.

3. Till then the President can only suspend the Legislative Assembly by suspending the provisions
of Constitution relating to the Legislative Assembly

4. The dissolution of Legislative Assembly is not a matter of course.

5. It should be resorted to only where it is found necessary for achieving the purposes of the
Proclamation.
Significance of the S.R. Bommai vs Union of India case:
1. The case put an end to the arbitrary dismissal of State governments by a hostile Central
government.

2. The verdict ruled that the floor of the Assembly is the only forum that should test the majority of
the government of the day, and not the subjective opinion of the Governor, who is often referred
to as the agent of the Central government.

3. Judgment ruled that an improperly dismissed government could be restored to office. Thus it
established faith in federalism and judiciary.

4. In this judgment Supreme Court showed signs of becoming a strong bulwark of constitutional
right and propriety.

5. Bommai doctrine is applied to protect states from discretion and political games of Central
government.

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National Emergencies Invoked in the Past
In India, a national emergency has been invoked three times so far.
The first time, on October 26, 1962, in the wake of a clash with China. It remained in force during
the Indo-Pak conflict in 1965 and was revoked only in January 1968.
The second time, in December 1971, as a result of the India and Pakistan dispute on the ground of
external aggression.
While 1971 was still effective, another proclamation was issued on June 26, 1975. This time the
proclamation was issued on the ground of “internal disturbance” threatening the security of India.
Bothe these proclamations were revoked in March 1977.

Financial Emergency
In India, Financial Emergency has NOT been imposed till now.

The financial crisis in the wake of Pandemic revived the debate on Financial Emergency.
• Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a
situation has arisen due to which the financial stability or credit of India or any part of its territory is
threatened.
• A proclamation declaring financial emergency must be approved by both the Houses of Parliament
within two months from the date of its issue.
• Once approved by both the houses of Parliament, the Financial Emergency continues indefinitely
till it is revoked.
Effects of Financial Emergency
• Extension of the executive authority of the Union over the financial matters of the States. The
Union Government may give direction to States regarding financial matters.
• The President may ask the States to reduce the salaries and allowances of persons in government
service.
• The President may ask the States to reserve all the money bills for the consideration of the
Parliament after they have been passed by the State Legislature.
• Reduction of salaries and allowances of the Central Government employees including the Judges
of the Supreme Court and the High Courts.

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 What is Martial law?
Literally, it means ‘military rule’. It refers to a situation where military authorities run the civil
administration as per their own rules and regulations. Ordinary law is not adhered when martial law
is under operation.
• The concept of martial law has been borrowed from English Common Law.
• The definition of ‘martial law’ has not been mentioned explicitly in the Constitution of India.
However, the provision of martial law is implicit in Article 34.
• Article 34 provides for the restrictions on fundamental rights while martial law is in force in any
area within the territory of India.
• Martial law is imposed under extraordinary circumstances like war, invasion, insurrection,
rebellion, riot or any violent resistance to the law. Its justification is to repel force by force for
maintaining or restoring order in society.
• Military authorities gain abnormal powers when martial law is under operation.

Difference with National Emergency

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 86. INDIAN VS WESTERN MODEL OF
SECULARISM
Secularism refers to the separation of religion from state. It is a doctrine that opposes inter-religious
(one religion vs another religion) and intra-religious (from within, i.e., the tyranny of the majority)
domination.
• The term ‘secular’ is enshrined in the Preamble to the Constitution of India via 42nd Constitution
Amendment Act 1976
• WESTERN SECULARISM INDIAN SECULARISM

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87. Procedure established by Law and Due
process of Law

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 So, which doctrine is followed by Indian judiciary presently?
Well, Supreme Court follows a mix of both. Sometimes it applies the concept procedure established
by law while on some occasions it tests a law under due process of law.
• In the famous ADM Jabalpur v. Shivkant Shukla case (Habeaus Corpus case), 1976 SC followed
the procedure established law.
• In Maneka Gandhi v. Union of India,1978 Supreme Court gave its judgement following the due
process of law concept.

88. SUPPLEMENTARY GRANTS

▪ It is granted when the amount authorised by the Parliament through the appropriation act for a
particular
service for the current financial year is found to be insufficient for that year.
▪ It is specified by the Article 115 of the constitution of India, along with Additional and Excess
Grants.

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89. Leader of Opposition
• It is a statutory post defined in the Salaries and Allowances of Leaders of Opposition in Parliament
Act, 1977.
• To become leader of opposition, the single largest political party in opposition should have atleast
10% seats in the Lok Sabha. The Leader of such a party acts as the Leader of Opposition.
• LoP provide constructive criticism of the government policies. The LoP also plays an important
role in bringing cohesiveness and effectiveness to the opposition’s functioning in policy and
legislative work.
• Gets same salaries and allowances that are equivalent to a Cabinet minister – paid by the
government.
• LoP plays a crucial role in bringing bipartisanship and neutrality to the appointments in
institutions of accountability and transparency – CVC, CBI, CIC, Lokpal, CIC, NHRC.
Concerns with present system
• There arises a problem when no party in opposition secures 55 or more seats. In such situations,
the numerically largest party in the opposition should have the right to have a leader recognised as
leader of the opposition by the speaker.
• Besides, the 10% formulation is inconsistent with the law ‘the salary and allowances of leaders of
opposition in Parliament Act, 1977’ which only says that the largest opposition party should get the
post.

90. Borrowing Power of states

Borrowing Power of States (dealt under Article 292 & 293)
• U/A 292, this power is limited by act of State legislature
o U/A 292, Union government has unrestricted power to borrow subject to limit set by Parliament
(FRBM Act)
• States can only raise loan domestically
o There is no territorial jurisdiction for Union like States. Union government can borrow
domestically & also from abroad

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• Restrictions on State’s borrowing include
o Can borrow upon security of Consolidated Fund of State
o Cannot raise loan without Union govt.’s permission if any outstanding amount of previous loan is
due to Union.

91. PARLIAMENTARY PRIVILEGES

▪ Parliamentary privilege refers to rights, immunities and exemptions enjoyed by Parliament as an
institution (includes Parliamentary Committees) and MPs in their individual capacity, without
which they cannot discharge their functions as entrusted upon them by the Constitution.
▪ The parliamentary privileges help maintain the dignity, authority and honour of the members of
parliament.
▪ The Constitution (Article 105 & 194) mentions two privileges, i.e. freedom of speech in
Parliament and right of publication of its proceedings.
▪ Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter
16 of the Rajya Sabha rulebook governs privilege.
▪ When any of these rights and immunities are disregarded, the offence is called a breach of
privilege and is punishable under law of Parliament.
▪ A notice is moved in the form of a motion by any member of either House against those being held
guilty of breach of privilege.

The five sources of the privileges are:

1. Constitutional provisions
2. Various laws made by Parliament

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3. Rules of both the Houses
4. Parliamentary conventions
5. Judicial interpretations

Other Important Facts

• The provisions related to the parliamentary privileges of the Parliament (members and
committees) can be amended using the simple majority of the Parliament.
• President is not entitled to the parliamentary privileges.
• Without taking the oath before the Indian President, the privileges and immunities are not granted
to the member of the parliament.
• The Lok Sabha speaker is the guardian of the Lok Sabha members’ privileges and the committees
of this house of the parliament.
• There is a motion named ‘Privilege Motion‘ used to censure a minister for the breach of the
parliamentary privilege.
• Adjournment motion and token cut motion can’t be used to raise the question of privilege.
• The Parliament has the judicial power to punish the members of the houses or the outsider for any
breach of privilege.
• There is a committee called ‘Committee of Privileges’ which is of semi-judicial nature. It is
responsible for examining the privileges’ breach. There are 15 members in the committee of
privileges for Lok Sabha while there are 10 members for the same committee in Rajya Sabha.
• The persons who are allowed to speak in the proceedings of either house of the parliament are also
entitled to the privileges of the Parliament. Example – Attorney General of India and Union
Ministers.

92. ORDINANCES
Ordinances are like a law but not enacted by the Parliament but rather promulgated by President of
India when Lok Sabha and Rajya Sabha or either of those is not in session.
o These ordinances have the same force and effect as an Act of Parliament but are in the nature of
temporary laws
o Union Cabinet’s recommendation is a must for an ordinance to be promulgated. Using ordinances,
immediate legislative actions can be taken

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o Article 123 deals with the ordinance making power of the President
o Ordinances can be introduced only on those subjects on which the Indian Parliament can make
laws.
o An ordinance is subject to the same constitutional limitations as an Act of Parliament. Hence, an
ordinance cannot abridge or take away any of the fundamental rights.
o Whenever a Bill seeking to replace an ordinance is introduced in the House, a statement
explaining the circumstances that had necessitated immediate legislation through ordinance route
should also be placed before the House.
o Parliament has to approve the ordinance within six weeks from its reassembly, if not passed by
Parliament the Ordinance ceases to continue.
o Acts, done and completed under the ordinance before it lapses, remains intact.
o President’s power to roll out ordinance is justiciable on the ground of mala-fide
o In RC Cooper vs. Union of India (1970) the Supreme Court held that the President’s decision
could be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance
had been passed primarily to by-pass debate and discussion in the legislature.
o It was argued in DC Wadhwa vs. the State of Bihar (1987) that the legislative power of the
executive to promulgate ordinances is to be used in exceptional circumstances and not as a
substitute for the law-making power of the legislature.
o Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to issue
ordinances is not an absolute entrustment, but is “conditional upon satisfaction that circumstances
exist rendering it necessary to take immediate action”.
Article 213 deals with the power of the Governor to legislate through ordinances. His power of
ordinance making is quite similar to the President’s power. The comparisons between this two w.r.t.
Ordinance making is given below:

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93. PARLIAMENTARY COMMITTEES

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94. SOURCES OF CONSTITUTION

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95. CHARGED EXPENDITURE

96. IMPORTANT CONSTITUTIONAL

AMENDMENTS

First Amendment Act, 1951

1. Empowered the state to make the advancement of socially and economically backward classes.
2. Provided for the saving of laws providing for the acquisition of estates etc.  
3. Added 9th Schedule to protect the land reform and other laws included in it from the judicial
review.
4. Added three more grounds of restrictions on freedom of speech and expression, viz., public order,
friendly relations with foreign states and incitement to an offence. It also made the restrictions
‘reasonable’ and thus, justifiable in nature.
5. Provided that state trading and nationalisation of any trade or business by the state is not to be
invalid on the ground of violation of the right to trade or business.

The Constitution (6th Amendment) Act, 1956

1. Included a new subject in the Union list i.e., taxes on the sale and purchase of goods in the course
of inter-state trade and commerce and restricted the state’s power in this regard.

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Constitutional (8th Amendment) Act,1960
1. It Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and
Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970.
2. It Amended article 334 of the constitution.

Constitutional (10th Amendment) Act, 1961

1. Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition
from Portugal.
2. It amended article 240 of the constitution.

Constitutional (13th Amendment) Act,1963

1. Formation of State of Nagaland, with special protection under Article 371A.
2. It amended article 170.

Constitutional (15th Amendment)Act, 1963

1. Enabled the High court’s to issue writs to any person or authority even outside its terrorist’s
jurisdiction if the cause of action arises within its territorial limits.
2. Increased the retirement age of high court judges from 60 to 62 years.
3. Provided for the appointment of retired judges of the high court’s as acting judges of the same
court.
4. Provided the compensatory allowance to judges who are transferring from one High court to
another.
5. Enabled the retired judge of the High Court to act as ad-hoc judge of the Supreme Court.
6. Provided for the procedure for determining the age of the Supreme Court and High Court judges.

The Constitution (24th Amendment) Act, 1971

1. Affirmed the power of Parliament to amend any part of the Constitution including Fundamental
Rights.
2. Made it compulsory for the president to give his assent to a constitutional Amendment Bill.

The Constitution (31st Amendment) Act, 1973

1. Increased the elective strength of the Lok Sabha from 525 to 545. Under the Act, the upper limit
of representatives of the States goes up from 500 to 525 and that of the Union Territories decreases
from 25 to 20.

The Constitution (36th Amendment) Act, 1975

1. By this Act, Sikkim became the 22nd State of the Indian Union.

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The Constitution (37th Amendment) Act, 1975
1. It was passed by Parliament on April 26, 1975, to provide for a Legislative Assembly and a
Council of Ministers to Arunachal Pradesh, the country’s north-easternmost Union Territory.

The Constitution (39th Amendment) Act, 1975

1. The Bill was passed by the Lok Sabha on August 7 and received Presidential assent on August 9,
1975.
2. The Act places beyond challenge in courts the election to Parliament of a person holding the
office of Prime Minister or Speaker and the election of President and Vice-President.

The Constitution (40th Amendment) Act, 1976

1. Empowered the Parliament to specify from time to time the limits of the territorial waters, the
continental shelf, the Exclusive Economic Zone (EEZ) and the maritime zones of India.
2. Included 64 more Central and state laws, mostly relating to land reforms, in the 9th Schedule.

The Constitution (42nd Amendment) Act, 1976

1. It was enacted during the period of internal emergency. It was passed by Parliament on
November 11, 1976 and received Presidential assent on December 18, 1976.
2. The Amendment established beyond doubt the supremacy of Parliament over the other wings of
Government; gave the Directive Principles precedence over the Fundamental Rights; enumerated
for the first time a set of ten Fundamental Duties.
3. It further imposed limits on the power and jurisdiction of the judiciary; raised the term of the Lok
Sabha and the Vidhan Sabha from five to six years; authorised the use of Central armed forces in
any State to deal with law and order problems, made the President bound by the advice of the
Council of Ministers and envisaged the establishment of administrative tribunals for service matters
of Government employees and also other tribunals for economic offences.
4. The Act also clearly laid down that no Constitutional Amendment could be questioned in any
court of law.

The Constitution (43rd Amendment) Act, 1978

1. It received the Presidential assent on April 13, 1978.
2. This Act repeals the obnoxious provisions of the Constitution (42nd Amendment) Act passed
during the Emergency. It restores civil liberties by deleting Article 3ID which gave powers to
Parliament to curtail even legitimate trade union activity under the guise of legislation for the
prevention of anti-national activities.
3. The new law, which was ratified by more than half of the States in accordance with the
Constitution, also restores legislative powers to the States to make appropriate provision for anti-
national activities consistent with the Fundamental Rights. Under the Act, the judiciary has also
been restored to its rightful place.
4. The Supreme Court will now have the power to invalidate state laws, a power taken away by the
42nd Amendment Act. The High Courts will also be able to go into the question of the

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constitutional validity of Central laws thereby enabling persons living in distant places to obtain
speedy justice without having to come to the Supreme Court.

The Constitution (44th Amendment) Act, 1978

1. The Constitution (45 th Amendment) Bill, re-numbered as the 44th Amendment came into force
on April 30, 1979, when the President gave his assent.
2. The Act removes major distortions in the Constitution introduced during the Emergency. The
duration of the Lok Sabha and State Legislative Assemblies has been reduced from six to five years
—the normal term which was extended during the Emergency under the 42nd Amendment to
achieve some political purposes.
3. The Right to Property ceases to be a Fundamental Right and becomes only a legal right according
to the Constitution 44th Amendment.
4. The Act also extends, for the first time since independence, constitutional protection for
publication of the proceedings of Parliament and State Legislatures, except in cases where it is
proved to be “malicious”. Another important feature of the Act is that any proclamation of
Emergency needs henceforward, be issued by the President only after receiving the advice of the
Cabinet as a whole in writing. The President will not be called upon to act on the basis of advice by
the Prime Minister on his own without consulting his Cabinet. Other safeguards provide that the
proclamation will have to be adopted by a two-thirds majority of the members of both Houses of
Parliament within a month.
5. The 44th Amendment provides safeguards against future subversion of the Constitution for
establishing an authoritarian regime. It contains provisions that are designed to make it impossible
to impose the kind of emergency the country had experienced for 19 months.

The Constitution (45th Amendment) Act, 1980

1. The Act extends reservation of seats for the Scheduled Castes and the Scheduled Tribes in
Parliament and the State Assemblies and the representation of Anglo-Indians by the nomination for
a further period of 10 years.

The Constitution (46th Amendment) Bill, 1982

1. It seeks to authorise the government to prepare an authoritative text of the Constitution, in Hindi.

The Constitution (52nd Amendment) Act, 1985

1. The Act has made defection to another party, after elections illegal. Any member defecting to
another party after elections will be disqualified from being Member of Parliament or State
Legislature.

The Constitution (53rd Amendment) Act, 1986

1. It confers Statehood on Mizoram and ensures against unnecessary interference by the Central
Government with the laws relating to spheres of social relationship and community conduct
applicable to Mizoram.

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The Constitution (54th Amendment) Act, 1986
1. It enhances the salaries of Judges of the High Courts and Supreme Court of India. The salary
of Chief Justice of India will be Rs 10,000; Chief Justice of High Courts Rs 9000; Judges of
Supreme Court Rs 9000; and Judges of High Courts Rs 8000.

The Constitution (55th Amendment) Act, 1987

1. It grants Statehood to Arunachal Pradesh which consequently became the 24th State of the Indian
Union.

The Constitution (56th Amendment) Act, 1987

1. It confers Statehood on Goa and forms a new Union Territory of Daman and Diu. Goa thus
became the 25th State of the Indian Republic.

The Constitution (57th Amendment) Act, 1987

1. It made a special provision for the setting up of the new State of Goa. Consequently Daman and
Diu were separated from the former to form a Union Territory.

The Constitution (58th Amendment) Act, 1988

1. It provides for special arrangements with regard to reservation of seats for Scheduled Tribes in
the States of Arunachal Pradesh, Nagaland, Mizoram and Meghalaya. By amending Article 322 the
adjustment of seats has been frozen until 2000 A.D.

The Constitution (59th Amendment) Act, 1988

1. It empowered the Central Government to impose Emergency in Punjab when deemed necessary.
Under the amendment, the President’s rule can be extended up to three years. The earlier
maximum period was two years.

The Constitution (61st Amendment) Act, 1989

1. It lowered the voting age from 21 to 18.

The Constitution (62nd Amendment) Act, 1989

1. It provided for the extension by another 10 years of reservation of seats in the Parliament and
State Assemblies for the Scheduled Castes and Tribes and reservation for the Anglo Indian
community by nomination.

The Constitution (63rd Amendment) Act, 1989

1. It repealed Amendment 59 which empowered the government to impose emergency in Punjab. 

The Constitution (64th Amendment) Act, 1990

1. It extended the President’s rule in Punjab by six months.

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The Constitution (66th Amendment) Act, 1990
1. To bring land reforms within the purview of 9th Schedule of the Constitution.

The Constitution (69th Amendment) Act, 1991

1. Delhi made National Capital Region. The Act also made provision for Legislative assembly and a
council of ministers for Delhi.

The Constitution (70th Amendment) Act, 1992

1. Before this act was made Article 54 relating to the election of the President provided for an
electoral college consisting only of the elected members of Parliament as well as the legislative
assemblies of the States (not of Union Territories). The amendment provides for the inclusion of
members of the legislature of Pondicherry and Delhi.

The Constitution (71st Amendment) Act, 1992

1. The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and Nepali
Languages in the 8th Schedule of the Constitution.

The Constitution (72nd Amendment) Act, 1992

1. To make temporary provision for the determination of the number of seats reserved for the
Scheduled Tribes in the State assembly of Tripura, until the re-adjustment of seats is made on the
basis of the first census after the year 2000 under article 170 of the Constitution.

The Constitution (73rd Amendment) Act, 1992

1. To ensure direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion
to their population; and for reservation of not less than one-third of the seats in Panchayats for
women.

The Constitution (74th Amendment) Act, 1992

1. It was made to ensure direct election to all seats in Nagarpalikas and Municipalities.

The Constitution (75th Amendment) Act 1994

1. It provides for setting up of State-level Rent Tribunals to exclude the jurisdiction of all courts,
except that of the Supreme Court, under Article 136 of the Constitution.

The Constitution (76th Amendment) Act, 1994

1. It relates to the Reservation of Seats in Educational Institutes and of appointments or posts in the
Services under a State, for Backward Classes, Scheduled Castes and Scheduled Tribes. The
Supreme Court had ruled on November 16, 1992, that the total reservations under Article 16(40) of
the Constitution should not exceed 50 percent.

The Constitution (77th Amendment) Act, 1995

1. According to this Act, the Government has decided to continue the existing policy of reservation
in promotion for the Scheduled Castes and Scheduled Tribes.

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The Constitution (78th Amendment) Act, 1995
1. It includes land reform laws in the Ninth Schedule so that they cannot be challenged before the
courts.

The Constitution (79th Amendment) Act, 1999

1. It extends the reservation of seats for SC, ST and Anglo-Indians in the Lok Sabha and Legislative
Assemblies for the next 10 years.

The Constitution (80th Amendment) Act, 2000

1. It deals with an alternative scheme for sharing taxes between the Union and the States.

The Constitution (81st Amendment) Act, 2000

1. It provides that the unfilled vacancies of a year reserved for SC/ST kept for being filled up in a
year as per Article 16, shall be considered separately for filling vacancies in the succeeding year and
the previous list will not be considered for filling the 50% quota of the respective year.

The Constitution (82nd Amendment) Act, 2000

1. It provides that nothing in Article 355 shall prevent the State from making any provisions in
favour of the members of SC/ST for relaxation in qualifying marks with respect to
examination/job/promotion.

The Constitution (83rd Amendment) Act, 2000

1. The Act amended Article 243 M to provide that no reservation in Panchayats be made in favour
of SC/ST in Arunachal Pradesh where the whole population is tribal.

The Constitution (84th Amendment) Act, 2001

1. Extended ban on the readjustment of seats in the Lok Sabha and the state legislature assemblies
for another 25 years (i.e., up to 2026) with the same objective of encouraging population limiting
measures.

The Constitution (85th Amendment) Act, 2001

1. Provided for ‘consequential seniority in the case of promotion by the virtue of rule of reservation
for the government servants belonging to the SCs and STs with retrospective effect from June 1995.

The Constitution (86th Amendment) Act, 2002

1. Provides the Right to Education until the age of fourteen and early childhood care until the age of
six.

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The Constitution (87th Amendment) Act, 2003
1. Provided for readjustment and rationalisation of territorial constituencies in the states on the basis
of the population figures of the 2001 census and not the 1991 census as provided earlier by the
84th Amendment Act of 2001.

The Constitution (88th Amendment) Act, 2003

1. Made provision for service tax (Article 268-A)

The Constitution (89th Amendment) Act, 2003

1. Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled
Tribes into two separate bodies, namely, National Commission of SCs (Article- 338) and  National
Commission of STs (338-A).

The Constitution (90th Amendment) Act, 2003

1. Provided for maintaining the erstwhile representation of the Scheduled Tribes in the Assam
legislative assembly from the Bodoland Territorial Areas District (Article-332 (6))

The Constitution (91st Amendment) Act, 2004

1. Restricted the size of the Council of Ministers (CoM) to 15 percent of legislative members &
strengthened the Anti Defection laws.

The Constitution (92nd Amendment) Act, 2004

1. Included Bodo, Dogri, Santali and Maithali as official languages.

The Constitution (93rd Amendment) Act, 2006

1. Provided for 27 percent reservation for other backward classes in government as well as private
higher educational institutions.

The Constitution (94th Amendment) Act, 2006

1. To provide for a Minister of Tribal Welfare in newly created Jharkhand and the Chhattisgarh
States including Madhya Pradesh and Orissa.

Union-State Relations/Centre-State Relations

The Constitution (95th Amendment) Act, 2010

1. To extend the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the
Lok Sabha and states assemblies from Sixty years to Seventy years

The Constitution (96th Amendment) Act, 2011

1. Substituted Odia for Oriya

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The Constitution (97th Amendment) Act, 2012
1. Added the words "or co-operative societies" after the word "or unions" in Article 19(l) (c) and
inserted article 43B related to the promotion of co-operative societies and added Part-IXB that is
The Co-operative Societies.

The Constitution (98th Amendment) Act, 2013

1. To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka
Region.

The Constitution (99th Amendment) Act, 2014

1. The amendment provides for the formation of a National Judicial Appointments Commission.

The Constitution (100th Amendment) Act, 2015

1. The term the Constitution (100th Amendment) Act, 2015 was in news in the fourth week of May
2015 as the President of India Pranab Mukherjee gave his assent to the Constitution (119th
Amendment) Bill, 2013 that related to the Land Boundary Agreement (LBA) between India and
Bangladesh.

The Constitution (101th Amendment) Act,2017: Introduced the Goods and Services Tax in the
country since 1 July 2017.
The Constitution (102th Amendment) Act,2018: It gave Constitutional status to National
Commission for Backward Classes.

The Constitution (103th Amendment) Act,2019: It provided a maximum of 10% Reservation for
Economically Weaker Sections (EWSs).

The Constitution (104th Amendment) Act,2020: It extended the reservation of seats for SCs and
STs in the Lok Sabha and states assemblies.

97. MOTIONS IN PARLIAMENT

Motions are procedural devices that allow the House to debate a topic of general public interest.
Apart from a few exceptions, a member or Minister initiates a debate in the House by introducing a
motion. The term 'motion' refers to any proposition put up to the House for consideration.
Every issue in the House is decided by the Chair(either the Speaker or the Chairperson) posing a
question on a motion submitted by a member, which is then resolved in the affirmative or negative.
The resultant judgement transforms the motion into a resolution or order of the house.
In this article, you will learn about the categories and types of motions in parliament.

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What Are The Different Categories Of Motions?
All motions received in the Lok Sabha Secretariat under the rules shall be classified under the
following categories:
1.Substantive Motions
2.Substitute Motions
3.Subsidiary Motions are further divided into three classes
•Ancillary Motions
•Superseding Motions
•Amendments.
•Substantive Motion: A substantive motion is a self-contained independent proposal
submitted for the approval of the House and drafted in such a way as to be capable of
expressing a decision of the House, e.g., all resolutions are substantive motions.
•Substitute Motions: Motions moved in substitution of the original motion for taking into
consideration a policy or situation or statement or any other matter are called substitute
motions
•Subsidiary Motions: They depend upon or relate to other motions or follow upon some
proceedings in the House. They by themselves have no meaning and are not capable of
stating the decision of the House without reference to the original motion or proceedings of
the House.
•Ancillary Motions: They are motions that are recognized by the practice of the House as the
regular way of proceeding with various kinds of business. The following are the examples of
ancillary motions, namely:— (i) That the Bill be taken into consideration. (ii) That the Bill
be passed.
•Superseding Motions: They are motions which, though independent in form, are moved in
the course of the debate on another question and seek to supersede that question. In that
class all the dilatory motions fall. The following motions are superseding motions in relation
to the motion for taking into consideration a Bill:— (i) That the Bill be re-committed to a
Select Committee. (ii) That the Bill be re-committed to a Joint Committee of the Houses.
•Amendments: They are subsidiary motions that interpose a new process of question and
decision between the main question and its decision. Amendments may be to the clause of a
Bill, to a resolution or to a motion, or to an amendment to a clause of a Bill, resolution or
motion.

What Are The Different Types Of Motions In Parliament?

Type of Motions in the Parliament
Privilege Motion • A privilege motion can be brought against both members and non-
members of the Parliament.

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 • If any member feels the minister has misled the House by supplying
incorrect information, they can introduce a privilege motion against
the Minister.
• A member may, with the Speaker's approval, move a motion to bring
the attention of a Minister to any topic of urgent public interest.
Call-Attention Motion
• The Minister may make a brief statement or request additional time
to make a statement at a later time.
• The Adjournment motion is introduced for discussing an important
and urgent issue.
Adjournment Motion
• It needs the support of at least 50 members to be introduced.
• It can only be introduced in Loksabha and not Rajyasabha.
No-Day-Yet-Named • The Speaker has accepted the proposal, but no date has been set for
Motion it to be discussed.
• Cut motions are moved to reduce demand for grants.
• If the motion is passed it is believed that the government has lost
confidence and has to resign.
• There are 3 types of cut motions:
• Policy Cut: It is moved so that the amount of the demand be
reduced to Re.1 signifying the disapproval of the Policy.
Cut Motions
• Economy Cut: It is moved so that the amount of the demand
will be reduced by a specified amount signifying that the
demand made is not justified.
• Token Cut: It is moved so that the amount of the demand is
reduced by Rs.100 expressing a specific grievance.
• Cut motions can be moved only in the Lok Sabha.
• The Council of Ministers are collectively responsible for the Lok
Sabha and if the House passes a No Confidence motion then the
No-Confidence Council must resign.
Motion • It needs to be signed by a minimum of 50 members for
consideration.
• It can be introduced only in the Lok Sabha.
• The president addresses the first session following each general
election and the first session of each fiscal year. The president's
address is debated in both Houses of Parliament on a motion known
Motion of Thanks
as the 'Motion of Thanks.'
• This motion must be approved by both the Houses, failing that
equates to the government's defeat.
• It can be used against a single minister, a group of ministers, or the
entire ministerial council. The reasons for its adoption must be
Censure Motion clearly stated.
• It is proposed that the council of ministers be censured for certain
policies and acts. Only the Lok Sabha has the power to move it.
• As the name suggests it is a motion used to bring closure to the
ongoing debate in the house.
• If the house agrees to the motion proposed the debate is ended and is
bill or resolution is put to vote.
Closure Motion
• Types of Closure motions:
• Simple Closure
• Closure by Compartments
• Kangaroo Closure

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 • Guillotine Closure

General Rules For Parliamentary Motions

As per Rules of Procedure and Conduct of Business of the Houses:-
•No discussion on a matter of general public importance can take place except on a motion
made with the consent of the Speaker/Chairman as the case may be.
•A written notice of motion must be delivered to the Secretary-General.
•The motion's admissibility is determined by a set of criteria.
•The Chairman/Speaker decides on the motions' admissibility based on the parameters.
•Motions filed in front of tribunals or commissions are not accepted.
•The Chairman/Speaker sets aside time for debate of the motion's subject.
•The Chairman/Speaker may ask all questions necessary to ascertain the House's decision on
the original question on the given day.
•Speeches on the motion may be limited in length by the Speaker/Chairman.

98. ZONAL COUNCILS

•The zonal council is a statutory body established under the State Reorganisation Act of
1956, it's a statutory body. It is not a constitutional body. It is an organ of deliberation and
advice.
•The purpose of creating zonal councils is to promote interstate cooperation and
coordination.
•The concept of Zonal Councils was proposed by India's first Prime Minister, Pandit
Jawahar Lal Nehru, during a discussion on the findings of the States Reorganisation
Commission in 1956.
•According to Section 17(1) of the States Reorganisation Act, each Zonal Council must
convene at such times as the Chairman of the Council may appoint.
•The statue has also formed the Secretariat of the Zonal Councils.
•The Secretariat of the Zonal Councils investigates centre-state, inter-state, and zonal topics
that will be debated by the Councils or Standing Committees.

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Zonal Councils - Composition
•Chairman -The Union Home Minister is the chairman of each committee.
•Vice Chairman: The chief minister of each state takes turns serving as vice chairman of the
zonal council for that zone, each of whom serves for a term of one year.
•Members: the Chief Minister and two other ministers nominated by the governor of each
state, and two members from the Union territories within that zone.
•Advisor: One person nominated by the Planning Commission (now by NITI Aayog) for
each of the Zonal Councils, Chief Secretaries and another officer/Development
Commissioner nominated by each of the States included in the Zone.
•If necessary, the ministers of the Union are also invited to participate in the meetings of the
regional committees.

How many zonal councils are there?

There are five zonal councils, namely:
1.The Northern zonal council - It includes: Haryana, Himachal Pradesh, Jammu and India.
Kashmir, Punjab, Rajasthan, Delhi National Capital Territory, and Chandigarh Union
Territory.
2.The Central zonal council - It includes: Chhattisgarh, Uttarakhand, Uttar Pradesh and
Madhya Pradesh.
3.The Eastern zonal council - It includes: Bihar, Jharkhand, Odisha and West Bengal.
4.The Western zonal councils - It includes: the states of Goa, Gujarat, Maharashtra,
Dammam and the Federal Territories. Diu and Dadra & Amp; Nagar Haveli.
5.The Southern zonal council - It includes: the combined territories of Andhra Pradesh,
Telangana, Karnataka, Kerala, Tamil Nadu and Pondicherry.
The northeastern states, namely (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v)
Mizoram (vi) Megara Yabang (vii) Sikkim and (viii) Nagaland are not included in the zonal council
and its special issues, which are administered by the Northeast Council established under the
Northeast Council Act of 1972.

S
Zonal
i councils - Significance
g
•The Zonal Councils provide a great arena for resolving issues between the Centre and the
n
i states, as well as among the states, via open and honest conversations and deliberations.
f
i •As advisory bodies, their meetings allow for a free and open exchange of ideas.
c
a
•Though there are other fora, such as the National Development Council, Inter-State
n Council, Governor's/Chief Minister's Conferences, and other periodic high-level conferences
c conducted under the auspices of the Union Government, the Zonal Councils are distinct in
e
both substance and character.

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 •They are regional cooperation endeavours for states that are economically, politically, and
culturally integrated.
•Being compact high-level entities designed specifically to look after the interests of
respective zones, they are capable of focusing attention on specific concerns while taking
regional elements into account and maintaining the national viewpoint in mind.

99. Overview of special provisions for some

states in India
•Article 371, Maharashtra and Gujarat: Governor has “special responsibility” to establish
“separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”,
and Saurashtra and Kutch in Gujarat; ensure “equitable allocation of funds for
developmental expenditure over the said areas”, and “equitable arrangement providing
adequate facilities for technical education and vocational training, and adequate
opportunities for employment” under the state government.
•Article 371A (13th Amendment Act, 1962), Nagaland:
Inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960,
which led to the creation of Nagaland in 1963.
Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and
procedure, administration of civil and criminal justice involving decisions according to Naga
customary law, and ownership and transfer of land without concurrence of the state Assembly.
•Article 371B (22nd Amendment Act, 1969), Assam: The President may provide for the
constitution and functions of a committee of the Assembly consisting of members elected
from the state’s tribal areas.
•Article 371C (27th Amendment Act, 1971), Manipur:The President may provide for the
constitution of a committee of elected members from the Hill areas in the Assembly, and
entrust “special responsibility” to the Governor to ensure its proper functioning.

•Article 371D (32nd Amendment Act, 1973: It was substituted by The Andhra Pradesh Re-
organisation Act, 2014), Andhra Pradesh and Telangana
President must ensure “equitable opportunities and facilities” in “public employment and education
to people from different parts of the state”. He may require the state government to organize “any
class or classes of posts in a civil service of, or any class or classes of civil posts under, the State
into different local cadres for different parts of the State”. He has similar powers vis-à-vis
admissions in educational institutions.

•Article 371E: Allows for the establishment of a university in Andhra Pradesh by a law of
Parliament. But this is not a “special provision” in the sense of the others in this part.

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 •Article 371F (36th Amendment Act, 1975), Sikkim: The members of the Legislative
Assembly of Sikkim shall elect the representative of Sikkim in the House of the People. To
protect the rights and interests of various sections of the population of Sikkim, Parliament
may provide for the number of seats in the Assembly, which may be filled only by
candidates from those sections.

•Article 371G (53rd Amendment Act, 1986), Mizoram: Parliament cannot make laws on
“religious or social practices of the Mizos, Mizo customary law and procedure,
administration of civil and criminal justice involving decisions according to Mizo customary
law, ownership and transfer of land… unless the Assembly… so decides”.

•Article 371H (55th Amendment Act, 1986), Arunachal Pradesh:The Governor has a
special responsibility with regard to law and order, and “he shall, after consulting the
Council of Ministers, exercise his individual judgment as to the action to be taken”.

•Article 371J (98th Amendment Act, 2012), Karnataka: There is a provision for a
separate development board for the Hyderabad-Karnataka region. There shall be “equitable
allocation of funds for developmental expenditure over the said region”, and “equitable
opportunities and facilities” for people of this region in government jobs and education. A
proportion of seats in educational institutions and state government jobs in Hyderabad-
Karnataka can be reserved for individuals from that region.
Often these special provisions provided by the constitution is given as an example for ‘asymmetry’
in Indian federalism

Asymmetrical federalism:
•“Asymmetric federalism” is understood to mean federalism based on unequal powers
and relationships in political, administrative and fiscal arrangements spheres between the
units constituting a federation.
•Asymmetry in the arrangements in a federation can be viewed in both vertical (between
Center and states) and horizontal (among the states) senses

Evidences of this ‘asymmetry’ in India

1.A strong Union: Residuary powers vested with it, it is an indestructible Union with
destructible States constituting it, Emergency provisions give the Union overriding powers
over the States to tackle any adverse exigency, power to initiate a constitutional amendment
lies with the Union, President’s Rule, Governor’s office, etc.
2.Special provisions for some States: Article 371 of the Constitution makes some special
provisions for States or regions of States that are socio-economically backward, have

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 internal security challenges, difficult geographical conditions, predominance of tribal
populations with distinct identity and cultures, etc.
3.Allocation of Parliamentary seats to the States is not uniform but on the basis of
population
4.The Sixth Schedule envisage special provisions for and autonomy to tribal areas in four
northeastern States
5.Special Category Status (SCS) given to 11 States as a means of financially assisting
States at a relative disadvantage due to various factors
This scheme of ‘asymmetrical federalism’ has been adopted by India due to its unique socio-
economic and political circumstances:
•Political: in the interests of the nation’s unity and integrity, resentment of some historically
backward or indigenous population dominated States have to be addressed so that they do
not give rise to separatist tendencies; a stable government at the Centre requires cooperation
from all the States. This led to greater autonomy for states included in sixth schedule,
special powers to J&K under article 370, union territories in India, greater powers to
centre vis-à-vis state to ensure uniformity and unity etc
•Social: social development has not been uniform in the country; the southern States have
mostly been ahead than their counterparts (as revealed by their higher literacy, better
maternal and child health, etc.), hence special provisions, packages and developmental focus
were necessitated in favor of the States lagging behind. Ex: Protection to certain tribal
areas in the country
•Economic: industrial and economic growth has been geographically skewed in India which
has also necessitated asymmetrical federalism, Ex: Special category provisions given to
some states, higher share of Central government in Centrally Sponsored Schemes
Specific socio-economic and political circumstances warrant the ‘asymmetrical’ federal structure of
Indian polity. It is important to fulfill the aspiration of social and economic democracy and to
promote egalitarian development throughout the country. It also serves to keep regional resentments
under check which if neglected can lead to separatist tendencies as manifested in the demands for
statehood. Thus national unity and integrity is also contingent on this scheme of federalism.

100. PANCHAYATI RAJ COMMITTEES.

Rajasthan was the first state to establish Panchayati Raj. It was inaugurated in 1959 in Nagaur
district. Most of the states created the system in their states. However, there were wide-ranging

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differences between them. Some states had adopted two-tier system, others three-tier and four-tier.
The manner of devolution of power was also varying across the country.

Ashok Mehta Committee (1977)

Was appointed by the Janata government to make recommendations to strengthen and revive these
institutions which were becoming weak. Some of its main recommendations were:
1.Three-tier system should be replaced with two-tier system
2.A district should be the first point for decentralization
3.ZP should be executive body
4.There should be official participation of the political parties
5.They should have compulsory powers of taxation
6.Regular social audit
7.Elections should be held within six months if Panchayati institutions are superseded
8.A minister for Panchayati raj should be appointed at the state
9.Reservation of seats for SC and ST
10.Constitutional recognition to these institutions

GVK Rao committee (1985)

It was appointed by the Planning Commission. The committee observed that bureaucratization of
these institutions as the major reason behind the lackadaisical performance of panchayati
institutions. Some of the important recommendations made by the committee are:
1.ZP should be unit for democratic decentralization
2.PRI at the district and lower levels should be assigned an important role with respect to
planning, implementation and monitoring
3.A post of district development commissioner should be created. He should be in-charge of
the development departments at district level
4.Elections to PRI should be conducted regularly

LM Singhvi committee (1986)

It was appointed by the Rajiv Gandhi government. Some of the recommendations made by this
committee vis-à-vis PRI include:
1.It should be constitutionally recognized
2.Nyaya panchayats should be established for a cluster of villages
3.Placed emphasis on Gram Sabha as the centre for democratic decentralization

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4.Village panchayats should have more resources
5.Judicial tribunals should be established to adjudicate judicial matters related to PRI

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