1.

Constitutional framework
. Regulating Act 1773 - rst step by British govt to control and regulate EIC
- laid foundation for central arm in India
- G/o Bengal as GG of Bengal + created executive council of 4
- Bombay and Madras presidencies subordinate to Bengal
- court of directors to report on its revenue , civil and military a airs in India to British govt
- estb of SC at Calcutta

. Amending Act 1781 - exempted GG and council from jurisdiction of SC

- empowered GG in council to frame regulations for the Provincial courts and councils

. Pitt’s India Act - distinguished btw commercial and political functions of the company
- created board of control to manage the political a airs
- empowered BoC to supervise and direct all operations of the civil and military govt revenues
of British possessions in India
- for the 1st time - called British possessions in India

. Charter Act 1793 - over riding power was given to GG over his council
- members of BoC and their sta to be paid out go Indian revenues

. Charter Act 1813 - abolished the trade monopoly of the company in India
- asserted the sovereignty of the British crown over the company territories in India
- allowed the christian missionaries to come to India
- authorised the local governments to impose taxes on persons

. Charter Act 1833 - further centralisation in India

- GG of Bengal as GG of India - all civil and military powers
- ended the EIC as a commercial body , which became a purely administrative body
- attempted to introduce a system of open competition for section of civil servants

. Charter Act 1853 - separated for 1st time the legislative and executive functions of GG’s
council
- provided for addition of 6 new members called legislative councillors to the council
- estb Indian legislative council ( mini parliament )
- legislation for the 1st time was treated as a special function of the government
- introduced an open completion system of selection and recruitment of civil servants
- introduced for the rst time local representation in the Indian legislative council

. GoI Act, 1858 - transferred the powers of govt. , territories and revenues to the British Crown
- abolished the Board of Control
- created a new o ce of Secretary of State for India

. Indian Councils Act 1861 - policy of Association of Indians

- beginning of representative institutions by associating Indians with law making process
- Viceroy should nominate some Indians as non o cial members of his expanded council
- initiated the process of decentralisation - policy of legislative devolution
- estb new councils NWP , Punjab and Bengal
- Viceroy to make rules and orders for the more convenient transaction of business in the
council
- gave recognition to the portfolio system - canning
- Viceroy to issue ordinances
ffi
fi
fi
ff
ffi
ff
ff
 . Indian councils Act 1892 - maintained the o cial majority
- power to discuss the budget and addressing questions to executive
- made a limited and indirect provision for the use of election in lling up some of the non
o cial seats
- however the word election was not used

. Indian Councils Act 1909 - retained o cial majority in the Central legislative council
- allowed provincial legislative councils to have non o cial majority
- members were allowed to ask supplementary questions , move resolutions on the budget
and so on
- for the 1st time association of Indians with the executive councils of viceroy and governors
- legalised communalism
- provided r separate representation of president corporations , chambers of commerce,
universities and zamindars

. GoI Act 1919 - demarcated and separated the central and provincial subjects - lists
- provincial subjects in transferred and reserved - dyarchy
- introduced for the rst time Bicameralism and direct elections
- majority of members of both the houses were chosen by direct election
- 3/6 of members of Viceroy’s exe council to be Indians
- extended principle of communal representation - Sikhs , Indian christians , anglo and
europeans
- estb of central public service commission
- separated for the rst time provincial budgets from the central budget and authorised the
provincial legislatures to enact their budgets

. GoI Act 1935 - 321 sections and 10 schedules

- 3 lists and residuary powers to Viceroy
- abolished dyarchy in provinces and introduced provincial autonomy
- introduced responsible Govts in provinces - into e ect from 1937-39
- adoption of dyarchy at the centre
- abolished the council of India
- RBI
- provincial service commissions
- estb of federal court

. Indian Independence Act 1947 - 2

independent dominions with right to
secede from British commonwealth
- granted freedom to Indian princely
states either to join India or Pakistan
(dominion ) or to remain independent
-
ffi
fi
fi
fi
ffi
ffi
ff
ffi
fi
 First Cabinet of Free India ➡

2. Making of constitution

- 1934 idea of a constituent

Assembly by MN Roy
- 1935 , INC demanded for CA
- 1938 - JLN demanded for
constitution of free India
- August o er 1940 , demand was
accepted in principle
- 1946 CA was constituted under
scheme by Cabinet Mission Plan
- Jan 22 1947 , objective resolution
was adopted

- July 22 1947 - National ag

- Jan 24, 1950 - Anthem and song

- Drafting committee members -

Ambedkar , Gopalaswamy Ayyangar ,
Alladi Krishnaswamy Ayyar , KM
Munshi , Syed Mohammad Asadullah
, Madhava Rau , TT Krishnamachari

- Article 5, 6, 7, 8, 9, 60, 324, 366,

367, 379, 380, 391, 392 and 393
came into force on Nov 26 1949

- 58th CA , 1987 - inserted Article

394-A President - translation of
Constitution in Hindi Language

3. Salient features of the Constitution

- features of parliamentary government in India - Presence of nominal and real executives ,

majority party rule , collective responsibility of the exe to the legislature , membership of
ministers in the legislature , leadership of PM /CM , dissolution of lower house / assembly

- 8th Schedule - originally it had 14 languages -

21st Amendment 1967 - Sindhi was added
71st Amendment , 1992 - Konkani , Manipuri and Nepali
92nd Amendment 2003 - Bodo , Dongri, Maithili and Santhali
96th Amendment 2011 - Oriya was renamed as Odia
ff
fl
14 languages - Assamese, Bengali , Gujarati, Hindi , Kannad, kashmiri , Malayalam, Marathi ,
Punjabi , Odia, Sanskrit, Tamil , Telegu , Urdu
4. Preamble

- based on
objective
resolution
- Amended once
by 42nd CA
1976 - added
socialist ,
secular and
integrity words

- Preamble
reveals —>
source of
authority of
constitution ,
nature of Indian State , Objectives of the constitution , date of adoption of the constitution

- Keshvanand case - Preamble is a part of the constitution + LIC case 1995 ✅

- Preamble is neither a source of power to legislature nor a prohibition upon the powers of
legislature
- It is non justiciable

5. Union and its Territory

- Territory of India u/A 1 = territories of the states + UTs + territories that may be acquired by
GoI
- Union of India = only states - members of federal system and share a distribution of powers
with the centre
- Article 2 = power to admit into the Union of India new states + power to establish new states
- Article 3 = relates to the formation of or changes in the existing states of the union of India ,
deals with the internal re-adjustment

- Article 3 authorises the Parliament - form new state + increase or diminish the area + alter
the boundaries of any state + alter the name of any state
But has 2 conditions
I) bill can be introduced in the Parliament only with the prior recommendation of the President
ii) before recommending the bill , President has to refer the same to the state legislature
concerned for expressing views within a speci ed period
(President is not bound by the views of the state legislature)

- Article 4 = laws made under Article 3 and 4 are not to be considered as amendments of the
constitution under Article 368 - can be passed by a simple majority

- settlement of a boundary dispute between India and another country does not require a CA ,
can be done by executive action but Indian territory can be ceded to a foreign state only by
amending the constitution under Article 368.
fi
 Evolution

In 1950 , Constitution contained 4 fold classi cation of states and territories of India
- 1948 , appointed Linguistic Provinces Commission under SK Dhar - linguistic factor ❌
- 1948 - JVP committee , rejected language as the basis ❌
- oct 1953 - 1st linguistic state was created - Andhra Pradesh
- Dec 1953 - Fazl Ali commission - language as basis of reorganisation ✅ , one language one
state ❌

In 1956 - 14 states and 6 UTs

- 1956 , 7th CA - States Reorganisation Act
Distinction between part A, B, C was abolished

- 1960 ——— bombay was divided into Maharashtra and Gujarat (15th state)
- 1961 - 10th CA - Dadar and Nagar into UT
- 1962 - 12th CA Goa, Daman and Diu into UT
- 1962 - 14th CA , Puducherry as UT
- 1963 - Nagaland as 16th State out of Assam
- 1966 - Haryana as 17th State
- 1971 - HP as 18th state (was already a UT)
- 1972 - Manipur (19) , Tripura(20) and Meghalaya(21) as State ; Mizoram and Arunachal as
UT out of Assam ( 22nd CA 1969 created Megh as an autonomous or sub state within
Assam )
- 35th CA 1974 - new class of statehood under constitution but did n’t work ; 36th CA 1975 -
Sikkim a full edged state (22nd ) , amended 1st and 4th Schedule and added Article 371-F
- 1987 - Mizoram , Arunachal and Goa as 23, 24 and 25th state
- 2000 - CH, UK and Jh created out of MP, UP and Bihar as 26th , 27th and 28th states
- 2014 - Telangana
- 2019 - Jnk and Ladakh as UT

6. Citizenship

- Rights and privileges to citizens of India - Article 15, 16, 19, 29, 30 + voting right + contest
for MP and MLA + eligibility to hold certain o ces
- Article 5 to 11 - neither any permanent nor any elaborate provision
- Empowers Parliament to enact a law to provide for matters such as acquisition or loss of
citizenship - Citizenship Act , 1955

- Citizenship Act , 1955 - Acquisition by Birth , Descent , registration , naturalisation ,

incorporation of territory
- Loss of citizenship - Renunciation , termination and deprivation
fl
fi
ffi
 7. Fundamental Rights

- part 3 from Article 12 to 35

- 44th CA , 1978 deleted Right to proper as FR and made it a legal right under Article 300-A
- total 6 FRs
- their scope of operation is limited by Article 31A, Article 31B and 31C
- application to members of armed forces , para-military , police , intelligence and analogous
services can be restricted or abrogated by the Parliament - Article 33
- some of them can be enforced on the basis of a law - such a law can be made only by the
Parliament - Article 35

- Article 13 declares that a constitutional amendment is not a law and hence can not be
challenged v/s Keshvananda Bharti case - basic structure so can be challenged

Article 14 - EBL and EPL within territory of India , citizens or foreigners ✅ , legal persons viz
statutory corporations , companies, registered societies etc
EBL - British , EPL - American ;
Exceptions - Article 361 - immunities to President and Governors ; Article 361-A- true report
or proceedings of House in NP ‘ Article 105 + 194 - anything said or any vote given by him in
Parliament / legislature or committee ; Article 31-C is an exception to Article 14

Article 15 - State not to discriminate on grounds of Religion , race ,caste, sex or place of birth
+ access to shops , public restaurants , hotels and places of public entertainment + use of
wells, tanks , ghats , roads etc - prohibits discrimination both by state and private individuals
4 exceptions - women , children + socially and educationally backward classes , SC, STs, ;
EWS

Article 16 - equality of opportunity for all citizens in matters of employment or appointment to

any o ce under the state - no discrimination on grounds of only religion , race , caste , sex ,
descent , place of birth or residence
Exceptions - Parliament can prescribe residence as a condition ; state can provide reservation
of appointments or posts in favour of any backward class ; law can provide o ce for religious
or denominational institution ; EWS
102nd CA - 338-B NCBC

Article 17 - Protection of Civil Rights Act , 1955

Article 18 - Abolition of Titles

Article 19 - 6 rights - speech and expression + assemble peaceably and without arms + form
associations or unions or cooperative societies + move freely throughout the territory +
practice any profession or carry on any occupation , trade or business
- protected only against state Action
- reasonable restrictions only on grounds mentioned in Article 19 itself

- reasonable restriction on freedom of speech and expression —-> on grounds of sovereignty

and integrity , security of state , friendly relations with foreign states, public order , decent or
morality , contempt of court, defamation and incitement to an o ence

- reasonable restriction on exercise of right to assembly - sovereignty and integrity of India +

public order including maintenance of tra c in the area concerned
ffi
ffi
ff
ffi
 - reasonable restrictions on freedom of association ——-> sovereignty and integrity and public
order and morality

- reasonable restrictions on freedom of movement ——> interests of general public +

protection of interests of any scheduled tribe

- reasonable restriction on freedom of residence ———> interest of general public +

protection of interest of STs

- reasonable restrictions on freedom of profession etc —-> in interest of general public + state
is empowered to prescribe professional or technical quali cations
+ no objection can be made when the state carries on a trade, business, industry or service
either as a monopoly or in competition with any citizen - state is not required to justify its
monopoly

Article 20 - no ex-post-facto law + no double jeopardy + no self incrimination

- a civil liability or tax can be imposed retrospectively
- trial thereof is not prohibited
- can not be claimed in case of preventive detention or demanding security from a person

Article 21 -

Article 21-A - for children of the age 6 to 14 years - only elementary education - 86th CA ,
2002 + DPSP and FD

Article 22 - protection against arrest and detention - cases of ordinary law + cases of
preventive detention law
- right to be informed of grounds of arrest + consult and be defended by a legal practitioner +
before magistrate within 24 hours including journey time + release after 24 hrs unless
magistrate authorises further ——-> safeguards not to enemy alien or a person arrested or
detained under preventive detention Law
- detention can not exceed 3 months unless advisory board reports su cient cause
- grounds of detention should be communicated
- should be a orded an opportunity to make representation agains the detention order
- both the Parliament and as well as the state legislatures can concurrently make a law of
preventive detention but parliament has exclusive authority to make a law of preventive
detention for reasons connected with defence , foreign a airs and security of India

Article 23 - prohibits tra c in human beings , beggar and other similar forms of forced labour
- available to both citizens and non citizens - Immoral Tra c (prevention ) Act , 1956
-permits the state to impose compulsory service for public purposes eg military service or
social service for which it not bound to pay

Article 24 - prohibits employment of children below the age of 14 in any factory , mine or
other hazardous activities
- doesn’t prohibit their employment in any harmless or innocent work

Article 25 - freedom of conscience and the right to freely profess , practice and propagate
religion
- covers not only religious beliefs but also religious practices
- available to all persons-citizens as well as non citizens
- state permitted to regulate or restrict any economic , nancial , political or other secular
activity associated with religious practice
- provide for social welfare and reform or throw open Hindu religious institutions of a public
character to all classes and sections of Hindus
- subject to public order , morality and health
ff
ffi
fi
ff
ffi
fi
ffi
Article 26 - every religious denomination or any section shall have - right to establish and
maintain institutions for religious and charitable purposes + manage its own a airs in matter of
religion + own and acquire movable and immovable property + administer such property in
accordance with law
- subject to public order , health and morality
- SC for religious denomination - should be a collection of individuals who have a system of
beliefs + should have common organisation + should be designative by distinctive name

Article 27 - no person shall be compelled to pay any taxes for the promotion or maintenance
of any particular religion or religious denomination
- prohibits only levy of tax and not a fee

Article 28 - no religious instruction shall be provided in any educational institution wholly

maintained out of state funds
- not an educational institution administered by state but established under any endowment or
trust , requiring imparting of religious instruction in such institution
- no person attending any educational institution recognised by state or receiving aid shall be
required to attend any religious instruction or worship without his consent

- 4 type of educational institutions —-> wholly maintained by state ( religious instructions

completely prohibited ) ; administered by state but estb under any endowment or trust
( religious instruction is permitted) ; recognised by state ( permitted on voluntary basis) ;
receiving aid from the state ( on voluntary basis)

Article 29 - any section of the citizens residing in any part of India having a distinct language ,
script or culture of its own , shall have the right to conserve
- no citizen be denied admission into any educational institution maintained by the state or
receiving aid out of state funds on grounds only of religion , race , caste or language
- protection to both religious minorities and linguistic minorities
- includes minorities as well as majority
- + right to agitate for protection of language

Article 30 - right to minorities whether religious or linguistic

- to establish and administer educational institutions of their choice
- protection under this Article is con ned only to minorities (religious and linguistic) and does
not extend to any section of citizens
- term minority has not been de ned anywhere in the constitution
- also includes the right of a minority to impart education to its children in its own language

Article 32 - can not be taken away or abridged even by way of an amendment to the
constitution
- right to move SC is guaranteed
- power to issue writs to SC ( to HC under Article 226)
- President can suspend the right to move nay court for the enforcement of FRs during a
national emergency ( Article 359)
fi
fi
ff
 Writs

- SC can issue writs only for the

enforcement of FRs whereas HC can issue
writs for FR and also for any other purpose
(enforcement of ordinary legal rights)
- Writ jurisdiction of SC is narrower than
HC
- HC can issue within its territorial
jurisdiction
- SC may not refuse to exercise its writ
jurisdiction
- HC may refuse to exercise its writ
jurisdiction
- SC is thus constituted as a defender and
guarantor of the of the fundamental rights .

- Certiorari can be issued even against

administrative authorities a ecting rights of
individuals
- Prohibition and certiorari not available
against legislative bodies and private
individuals or bodies

Article 33 - Parliament to restrict or abrogate the FRs of members of armed forces , para
military , intelligence, police and analogous forces

Article 34 - restriction of FRs while martial law is in force - Parliament to indemnify any govt
servant
- martial law is imposed under the extraordinary circumstances like war , invasion ,
insurrection , rebellion , riot or any violent resistance to law

Article 35 - power to make laws to give e ect to certain speci ed fundamental rights shall
vest only in the parliament
- prescribing residence as a condition (Article 16)
- empowering courts
- Article 33
- Article 34
- o ence declared in laws for Article 17 and 23

8. Directive Principles of State policy

- part IV , Articles 36 to 51
- are non justiciable in nature
- these principles are fundamental in the governance of the country ( article 37)
- helps the courts in examining and determining the constitutional validity of the law
- DPSP v/s Article 14 and 19 ✅
- constitution doesn’t contain any classi cation of DPSP
- 42nd CA added 4 new DPs - Article 39 +Article 39A+ Article 43 A + Article 48 A
- 44th CA 1978 added 1 more - Article 38
- 86th CA , 2002 - changed subject matter of Article 45
- 97th CA 2011 added 1 new - Article 43 B
ff
ff
fi
ff
fi
Ideals of the state Shaping the policy of the state Non justiciable rights of the
citizens

A social order permitted by Establishing economic Adequate means of livelihood

socio-economic and political democracy through economic (39a)- working livelihood and
justice (Article 38(1)) - rights - Socio economic workers class (WLWC)
establishment

Minimising the inequality in Establish UCC (44) - socio Equal pay for equal work for both
Income, status , facilities and economic establishment the sexes (39d) - WLWC
opportunities (Article 38 (2) ) -
Equality

Equitable distribution of natural Separate judiciary from Right to work (41) - WLWC
resources (39(b)) + prevention of executive (50) - Governance
concentration of wealth and aspect
means of production ( 39©) -
Equality

A decent standard of life and Organise village panchayat (40)- Right to human conditions of work
social and cultural opportunities governance aspect and maternity relief (42) - WLWC
for all workers ( art 43) -
Standard of life

Improve , raise the level of To provide early childhood care Right to living wage and condition
nutrition and standard if living of and education for all children of work (43) - WLWC
people and improve public until 6 yrs age (45) - education
health ( 47) - Standard of life and social uplift

Promote international peace and Promote educational and Steps / right to secure the
security and maintain economic interests of SCs STs participation of workers in the
honourable relations + respect and other weaker sections and management of industries (43A) -
international laws and treaty protect them from social WLWC
obligations + arbitration (51) injustice ( 46) - education and
social uplift

Promotion of cottage industry Right of children for free and

(43) - Village and small scale compulsory education (45) -
industries Children’s Rights

Promotion of agriculture and Right of children and young to be

animal husbandry + prevent the protected from exploitation (39 e
slaughter of cows, calves and and f) - children’s rights
other milch (48) - Village and
small scale industries

Protect and improve the Right against economic

environment and to safeguard exploitation - social assistance
forests and wildlife (48A) - and non exploitation by society
National heritage

Maintain place of historic or Right to Public assistance in case

artistic interest (49) - National of unemployment (41) - Social
Heritage assistance

Prohibit the consumption of Right to free legal aid (39A) -

intoxicating drinks and drugs social assistance
that injurious (47)
9. Fundamental Duties

- added in 1976 - included 10 FD

- in 2002 , 1 more FD was added
- Swaran singh committee recommendations - suggested 8 FDs
- Article 51A

- FDs are also non justiciable

- there is no legal sanction agains their violation
- Parliament is free to enforce them by suitable legislation
- they help the courts in examining and determining the constitutional validity of the law
- they are enforceable by law
 10. Amendment to the Constitution https://t.me/HCSandCSE2022/3083

- Article 368 , Part XX

- r/w Basic structure doctrine by SC
- procedure of amendment laid down in Article 368

Procedure
- can be initiated only by introduction of a bill in either house of parliament
- can be introduced either by minister or a private member
- does not require prior permission of the president
- must be passed in each house with special majority
- no provision of holding a joint sitting
- if bill seeks to amend the federal provisions of the constitution , it must be rati ed by half of
the states with simple majority
- president must give his assent to the bill

- some other Articles provide for the amendment of certain provisions of the constitution by a
simple majority ; these amendments are not deemed to be amendments of the constitution for
the purposes of Article 368

Simple Majority amendments

- admission or estb of new states
- formation , alteration etc states
- abolition or creation of legislative councils in states
- 2nd schedule
- salaries , allowances of MPs
- rules of procedure in parliament
- use of English language in parliament
- no. of puisne judges in the SC
- more jurisdiction on SC
- use of o cial language
- citizenship
- elections to Parliament and state legislatures
- delimitation of constituencies
- UTs
- 5th schedule and 6th schedule
ffi
fi
 - Shankari Prasad 1951 - Parliament can abridge or take away any of the Fundamental
Rights
- Golaknath case 1967 - FRs are given a transcendental and immutable position and hence
parliament can not abridge or take away any of these rights
- Parliament reacted by enacting 24th CA 1971 - declared that parliament has power to
abridge or take away any FRs under 368
- Keshvanada case 1973 - upheld the validity of 24th CA + doctrine of basic structure
- Minerva Mills case 1980 - parliament can not under 368 expand its amending power so as
to acquire for itself the right to repeal or abrogate the constitution or to destroy its basic
features

11. Parliamentary system

- 74 and 75 deals with parliamentary system at centre and 163 and 164 - in states

features
- nominal and real executives
- majority party rule
- collective responsibility
- double membership
- leadership of the PM
- dissolution of the lower house
- secrecy

Federal features of the constitution

- dual polity
- written constitution
- division of powers
- supremacy of the constitution
- rigid constitution
- independent judiciary
- bicameralism

Unitary features
- strong centre
- states not indestructible
- single constitution
- no equality of state representation
- exibility of constitution
- emergency provisions
- single citizenship
- integrated judiciary
- AIS , Governor
- integrated election machinery
fl
12. Centre - state Relations

- can be studied under 3 heads - legislative , administrative and nancial relations

Legislative relations - Article 245 to 255 , part XI

- parliamentary legislation in the state eld under 5 extraordinary situations
- Parliament alone can make extraterritorial legislation
But
President can make regulations for peace , progress and good govt of UTs of A and Nicobar ,
Dadar and nagar etc , Ladakh , Lakshadweep
Governor is empowered to direct that an act of Parliament doest not apply to scheduled area
or apply with modi cations
Governor of Assam - with autonomous distt
President with respect to autonomous distt in Meghalaya , Tripura and Mizoram

- 3 lists - 42nd CA transferred 5 subjects to concurrent from state list - education , forests ,
weights and measures , protection of wild animals and birds and administration of justice ,
constitution and organisation of all courts except SC and HCs

- residue subjects with Parliament

- 5 conditions when Parliament can legislate on state subjects

I) when RS passes a resolution
ii) during a National emergency
iii) when states make a request
iv) to implement international agreements
V) during President’s rule

Administrative relations - Article 256 to 263 Part XI

- executive powers of the centre extends to the whole of India
- a law on concurrent subject though enacted by Parliament , is to be executed by the states
except when the constitution or the Parliament has directed otherwise

Obligation of states - to ensure compliance with the laws made by the Parliament and any
existing law which apply in the state (General obligation )
+ not to impede or prejudice the exercise of executive power of the centre in the state (special
obligation)

Centre’s directions to the states

- the construction and maintenance of means of communication
- for protection of railways within the state
- adequate facilities for instruction in the mother-tongue at the primary stage of education to
children belonging to linguistic minority
- drawing up and execution of the speci ed schemes for the welfare of the STs in the state

Mutual delegation of functions

- centre can not delegate legislative functions to the state
- single state can not request the Parliament to make a law on a state subject
- President may with the consent of state govt , entrust to that govt any of executive functions
of centre
- governor of a state with the consent of central govt , entrust to that govt any of the executive
functions of the state
- Delegation by parliament - can be without the consent

Financial relations - Articles 268 to 293 in part XII

- there are no tax entries in concurrent list
But 101st Amendment - conferred concurrent power upon Parliament and state legislatures to
make laws governing goods and services tax
fi
fi
fi
fi
 13. Inter-state Relations

- adjudication of inter state water disputes

- coordination through inter state councils
- mutual recognition of public acts , records and judicial proceedings
- freedom of inter state trade , commerce and inter course

Article 262 - adjudication of inter state water disputes

- under this , Parliament has enacted 2 laws - River Boards Act 1956 , inter state water
disputes Act 1956

- River boards Act provides for the establishment of river boards for the regulation and
development of inter state river and river valleys
- a river board is established by the central government on the request of the state
governments concerned to advice them

Article 263 - establishment of Inter state council - coordination between states and between
centre and states
- President can establish such council
- he can de ne the nature of duties that can be assigned to it
263 speci es the duties
- investigating and discussing subjects in which the states or the centre and the states have a
common interest
- enquiring into and advising upon disputes which may arise between states
- making recommendations upon any such subject and particularly for the better coordination
of policy
- councils function is advisory
- the council’s function to enquire and advice upon inter state disputes is complementary to
the SC’s jurisdiction under the Article 131 to decide a legal controversy between the
governments.

Sarkaria commission - 1983-88

Inter-state trade and commerce

- Articles 301 to 307 in Part XIII
- 301 - trade , commerce and intercourse throughout the territory of India shall be free
- also extends to intra state trade , commerce and intercourse
- freedom guaranteed by 301 free from all restrictions except those provided in 302 to 305

- Restrictions - in public interest Parliament can impose restrictions + parliament can not give
preference to one state over other + Legislature of state can in the name of public interest ,
but bill can be introduced only with prior sanction of president + prohibits the imposition of
discriminatory taxes by the state + freedom is subject to nationalisation law

Zonal councils

- are statutory bodies

- though States reorganisation Act , 1956
- divided the country in 5 zones
- HM + CM of all zone states + 2 other ministers from each state in zone + administrator of
each UT in zone
- they are only deliberative and advisory bodies
NE council was added by separate ACT in 1971 - Assam + Manipur+ Mizoram + Arunachal
+ Nagaland + Meghalaya + Tripura and Sikkim
fi
fi
 14. EMERGENCY PROVISIONS
- part XVIII , from Articles 352 to 360
- 3 types of Emergencies - I) due to war , external aggression or armed rebellion (352) ; ii) due
to failure of the constitutional machinery in the states (356) ; iii) Financial emergency
National Emergency (352) President’s Rule (356) Financial
Emergency (360)

Grounds of Security of state or part of it is If he is satis ed that a Satis ed that a

declaration threatened by war or external situation has arisen , situation has arisen -
aggression or armed rebellion + if he government of state can nancial stability or
is satis ed that there is imminent not be carried in credit of India is
danger accordance to constitution threatened

War + external aggression = external + if state fails to comply - after approval

emergency with direction of the centre continues
armed rebellion = internal inde nitely

42nd CA - president to limit the - beyond 1 yr - only if

operation to speci ed area I) NE is in operation
44th CA - replaced internal ii) ECI must certify that
disturbance elections can’t be held

Written recommendation from the - subject to judicial review

Cabinet is must (44th CA)

Can be challenged on ground of

mala de or irrelevant facts

Approval Must be approved by both houses Must be approved by both By both houses
and with in 1 month from date of issue the houses within 2 months within 2 months
Duration (44th CA)

After approval - continues for 6 Can be extended for max 3

months (44th)+ can be extended to yrs every 6 months
an inde nite - periodical approval
parliamentary approval

Majority Special majority - majority of total Simple majority Simple majority

membership of that house + majority
of not less than 2/3rd of members of
that house present and voting
(44th CA)

Revocation By president at any time by a By President anytime - By president at any

subsequent proclamation - doesn’t doesn’t require time by subsequent
require parliamentary approval parliamentary approval proclamation -
+ if LS passes a resolution doesn’t require
disapproving its continuation (44th) parliamentary
- where 1/10th members of LS approval
written notice to Speaker ( or
president if house is not in session) ,
a special sitting should be held within
14 days - No role RS + Simple
Majority

E ects - executive directions to state in any President can take up Centre acquires full
matter + can make law on state list functions of state govt and control over states in
(inoperative after 6 months of powers vested in governor nancial matters
emergency ceased to operate) + life - dismisses state council of
of LS can be extended 1 yr at a time ministers
by law + Article 358(19 goes) and - law operates even after
359(except 20 and 21) - 44th CA -> President’s rule
19 suspended only in external em.
fi
fi
ff
fi
fi
fi
fi
fi
fi
fi
 15. CENTRAL GOVERNMENT

President
- Articles 52 to 78 , Part V - Union executive

- electoral college —-> elected members of both houses + elected members of state
assemblies + elected members of legislative assemblies of UT
- nominated members ❌
- system of proportional representation by means of single transferable vote
- secret ballot
Quali cations - Indian + 35 age + quali ed for election as a member of LS + should not hold
any o ce of pro t
+
Nominations must be subscribed by at least 50 electors as proposers and 50 electors as
seconders
+
Security deposit of 15000 in RBI

Oath - to faithfully execute the o ce + preserve , protect and defend the constitution and law
+ devote himself to service and well being of people of India
- oath is administered by CJI

Term - 5 yrs but can resign , letter to VP

Impeachment - for violation of constitution , constitution does not de ne this term

- process can be initiated in any house
- charges should be signed by 1/4th members of House and a 14 days notice to President
- resolution should be passed by 2/3rd majority in house , of total membership of house
- other house investigates , must be passed by 2/3rd majority of total membership - president
stands removed
- nominated members participates
- no role of state assemblies and UT

President continues to hold o ce until his successor assumes charge (constitution)

ffi
fi
fi
ffi
ffi
fi
fi
Veto Power of the President
- absolute veto - to withhold his assent to a bill passed by Parliament - bill ends and this is
exercised in following 2 cases I) with respect to private bills ii) when the cabinet resign , with
respect to govt bills and the new cabinet advises the president not to give assent
- Suspensive veto - when he return a bill for reconsideration of the Parliament , if bill passed
again , it it obligatory for president to give assent
President does not possess this veto in case of money bill , president can either give
assent to a money bill or withhold his assent but can not return it for reconsideration
- Pocket veto - president neither rati es nor rejects nor returns the bill , but simply keeps the
bill pending for an inde nite time - Constitution does not prescribe any time limit within which
he has to take decision with respect to a bill

- President has no veto in respect of a constitutional amendment bill (24th CA -

obligatory to give assent)

Ordinance - he can promulgate only when both the houses are not in session or when either
of the 2 houses is not in session , when both houses in session , ordinance is void , hence
Power of President to legislate by ordinance is not parallel power of legislation
- on subjects on which Parliament can legislate
- maximum life of an ordinance can be 6 months and 6 weeks
- he can promulgate or withdraw an ordinance only on advice of the CoM headed by PM
fi
fi
 Vice-President
- electoral college = members of both houses of Parliament + nominated members ✅ +
MLAs ❌
- proportional representation by means of single transferable vote

Quali cations - Indian + 35 + quali ed as a member of RS + o ce of pro t ❌

Term - 5 yrs but can resign by writing to the President + can be removed by a resolution
passed by a majority of all the then members of RS and agreed upon by the Lok Sabha = this
resolution must be passed in RS by an e ective majority and in LS by simple majority +
this resolution can be introduced only in RS + no ground has be mentioned in the
constitution for removal of VP

Cabinet Committees
- are extra constitutional in emergence
- Rules of business provide for their establishment
- they are set up by Prime Minister

Parliament
- Article 79 to 122 in part V , deal with the organisation , composition , duration, o cers,
procedures , privileges , powers and so on

- RS = 245 members - 229 states , 4 UTs and 12 nominated - 30 age

- elected by the elected members of state legislative assembly + every 2 yr for 6 yrs term ,
state legislature sends new batch of members + 1/3 rd members from each state retire once in
2 yrs and elections are held for new members + vacancies due to resignation or other - serve
for remainder period +
- proportional representation by means of single transferable vote + open ballot (limited)
- not voting for party candidate will not attract disquali cation under 10th schedule
- Constitution has not xed the term of members of RS , Parliament through RPA, 1951 - 6 yrs
term

LS - 530 states , 20 UTs - 25 age

- constitution empowered Parliament to prescribe the manner of choosing representatives of
UTs in LS
- constitution provided for the reservation of seats for SCs and STs in LS on the basis of
population ratio.

Double membership - a person can not be a member of both the Parliament and the state
legislature - if is elected , his seat in Parliament becomes vacant if he does not resign in state
legislature within 14 days
- a person elected in both houses of parliament , must intimate within 10 days - in default of
such intimation , his seat in RS becomes vacant
- if a sitting member of one house is also elected to other , his seat in 1st becomes vacant
- if a person is elected to 2 seats in a house , he should exercise his option for one - otherwise
both seats becomes vacant

Speaker
- elected by LS from amongst its members
- date of election of speaker is xed by President
- he has to vacate his o ce —-> if he ceases to be a member of LS + resigns by writing to
deputy speaker + removed by a resolution passed by majority of all then members of LS , no
role RS here

- under the Rules of LS , the speaker nominates from amongst the members a panel of not
more than 10 chairpersons.
fi
fi
ffi
fi
fi
ff
fi
ffi
fi
ffi
 Devices of Parliamentary proceedings

Question Hour Zero Hour

1st hour of every parliamentary sitting - questions Not mentioned in rules of procedure , informal
are of 3 kinds device

Starred - requires an oral answer and hence Starts immediately after question hour
supplementary questions can follow

Unstarred - requires a written answer and hence Indian innovation since 1962
supplementary questions can not follow

Short notice - asked by giving a notice less than

10 days - answered orally

Mentioned in rules of Procedure

Privilege motion Adjournment motion No con dence motion Censure motion

Breach of parliamentary To draw attention of the Can be introduced only Should state the reasons
privileges by a minister house to a de nite in LS ; RS ❌ for its adoption in LS
matter of urgent public LS ✅ ; RS ❌
if passed - must resign
importance

Purpose is to censure Needs support of 50 Needs the support of 50 Can be moved against
the concerned minister members to be admitted members to be admitted an individual or a group
of ministers or entire
CoM

Any house LS✅ ; RS ❌ Need not state the CoM need not resign
reason for adoption

Can be moved against

entire CoM only

Money Bills Financial Bills

Article 110 - deals with the de nition , if bill - those that deal with scal matters , that is revenue
contains ‘only’ provisions dealing with all or any of or expenditure
the following matters ;-

- imposition, abolition , remission , alteration or However constitution uses nancial bill in a

regulation of any tax technical sense - 3 kinds

- the regulation of the borrowing money by th Union Money bill (110) + Financial Bills I (117(1)) +
govt ; nes ❌ , penalties ❌ Financial Bills II (117(3))

- custody of the CFI or Contingency FI , the All money bills are nancial bills but all nancial bills
payment of moneys into or the withdrawal of money are not money bills
from any such fund

- appropriation of Money out of CFI Financial Bill (I) and Money bills - only in LS ✅

- declaration of any expenditure charged on CFI or FB (II) - exp from CFI but does not contain any
increasing the amount of any such expenditure matter mentioned in Article 110

- the receipt of money on account of CFI or PAI or

custody or issue of such money or audit of
accounts of Union or of a state + incidental any
fi
fi
fi
fi
fi
fi
fi
fi
Consolidated fund of India -266 Public account of India -266 Contingency fund of India -267

All receipts are credited and all Other than those which are Act in 1950 , placed at disposal of
payments are debited credited to CFI president

All the legally authorised PF deposits , judicial deposits , Fund is held by nance secretary
payments on behalf of GoI are saving bank deposits , on behalf of the president
made out of this fund remittances , departmental etc

No money can be appropriated Operated by executive actions , Operated by executive action

except in accordance with payments can be made without
parliamentary law parliamentary appropriation

Parliamentary Privileges
- are special rights , immunities and exemptions enjoyed by 2 houses of Parliament , their
committees and their members
- Constitution has also extended the parliamentary privileges to those persons who are
entitled to speak and take part in the proceedings of a House of Parliament or any of its
committees
- Parliamentary privileges do not extend to the President
- Privileges —-> collective and Individual

Collective privileges Individual privileges

Right to publish its reports , debates and Can not be arrested during session and 40 days
proceedings and right to prohibit others from before beginning and 40 days after end of session .
publishing the same ( 44th CA - restored the only in civil cases and not in criminal or
freedom of press to publish) - in case of secret preventive detention cases
sitting ❌

Can make rules to regulate its own procedure and No proceedings for anything said or any vote given
the conduct of its business in parliament or its committees

Can punish members as well as outsiders for Exempted from jury service - can refuse to give
breach of its privileges evidence or appear as witness (when in session)

Has the right to receive immediate info of arrest ,

detention , conviction , imprisonment and release of
a member

Can institute inquiries and order the attendance of

witnesses and send for relevant papers and records

No person (either member or outsider) can be

arrested , and no legal process can be served
within the precincts of the house without the
permission of the presiding o cer.
fi
ffi
 16. Parliamentary committees

- no speci c mention in the constitution regarding composition , tenure , functions etc

- dealt by the rules of two houses ✅
- appointed / elected by the House or nominated by speaker/chairman + works under
direction of speaker/chairman + has a secretariat provided by LS/RS
- consultative committees are not parliamentary committees

Public Accounts committee Estimates committee

1921 rst time under GoI Act , 1919 Origin can be traced in 1921

22 members (15 LS + 7 RS ) , the members are In 1956 membership was increased to 30 - all from
elected by Parliament every year from amongst its LS only ✅ elected by LS every year from amongst
members - principle of proportional
its own members - proportional representation by
representation
means of single transferable vote

A minister can not be elected A minister can not be elected

Term of o ce of members is 1 year Term is 1 year

Since 1967 convention , chairman is selected from Chairman is appointed by the speaker from
the opposition members , from ruling party

Function - to examine the annual audit reports of Functions - to examine the estimates included in
CAG + examines public exp not only from legal and the budget and suggest economies in public
formal point but also from the point of view of expenditure + suggest alternative policies
economy, prudence , wisdom and propriety

CAG acts as guide , friend and philosopher of the Examines the budget estimates only after they have
committee been voted by the Parliament and not before

Recommendations are advisory and not binding Can not question the policy laid down by
Parliament

Only parliament can take nal decision on its CAG ❌

ndings , it is not an executive body so can not
issue an order

Departmental Standing Committees

- to secure more accountability of the executive to the parliament in debating the budget more
e ectively
-24 in number
- 31 members (21 from LS + 10 from RS)
- nominated by speaker and chairman of RS
- a minister is not eligible
- 1 yr term
- 8 work under RS and 16 under LS
fi
ff
fi
ffi
fi
fi
 17. SUPREME COURT

- Article 124 to 147 in Part V of the constitution deal with the organisation , independence ,
jurisdiction , powers , procedures and so on of the SC
- SC consists of 34 judges including CJI
- Parliament can increase the strength of the SC

Appointment Quali cations Tenure and Removal Acting , Ad Hoc and

Retired Judges

By president + CJI by Indian + Have been a In constitution Acting chief Judge - By

president after with the judge of a HC for 5 years ❌ (tenure) but holds President when
CJ and such other + should have been an I) o ce of CJI is vacant
o ce until 65 yrs age
judges of SC and HC as advocate of a HC for 10 ii) CJI temp absent
- resign by writing to
he deems necessary years iii) CJI unable to perform
President
+ consultation with CJ + should be a
- can be removed by
is obligatory in case of distinguished jurist in
President on
appointment of a judge the opinion of the
recommendation of the
other than CJ President
Parliament

1993 case - collegium Subscribe an oath Removal Address - Ad Hoc Judges - when
system before the President special majority of each lack of quorum - CJI
house + can appoint a judge of
grounds of removal - HC as an ad hoc judge
proved misbehaviour or of SC for temporary
incapacity period.

Procedure - Judges Retired - CJI can

Enquiry Act , 1968 request

- Constitution declares Delhi as the

seat of SC but authorises CJI to appoint
other place or places as seat of SC (with
approval of President)

- Provisions in the constitution to

safeguard and ensure the Independent
and impartial functioning of sc
I) security of tenure
ii) expenses charged on CFI
iii) conduct of judges can not be
discussed except when impeachment
motion is under consideration
iv) Ban on Practice after retirement
V) freedom to appoint its sta
Vi) power to punish for its contempt
vii) jurisdiction can not be curtailed

Other Powers - decides the disputes

regarding the election of the President
and VP
- enquires into the conduct and behaviour
of the chairman and members of UPSC ,
advice is binding on President
ffi
ffi
fi
ff
 Original Jurisdiction Writ jurisdiction Appellate Jurisdiction Advisory jurisdiction

Disputes between centre SC as guarantor and Appeals in Article 143 - authorises

and one or more states defender of FRs constitutional matters - the President to seek the
if HC certi es that case opinion of SC in 2
involves substantial categories
question of law that i) on question of law or
requires the fact of public importance
interpretation of the ii) on any dispute arising
constitution out of pre consti treaty

Between centre and any Article 32 Civil matters - if HC In (i) case SC may tender
state or states + certi es or may refuse but in (ii)
between two or more case , SC must tender
states its opinion to president

Questions of political Concurrent with HCs Special Leave - Opinion expressed by

nature are excluded jurisdiction discretionary power of SC is advisory only and
SC , not as a matter of is not binding on the
right President
- may relate to any
matter
scope of this provision is
very wide

But doesn’t extend to - For further details - read Criminal matters - if HC

I) dispute arising out of FRs section in this certi es + if HC on
any pre constitution document appeal reversed an order
treaty , agreement etc of acquittal and
ii) inter state water sentenced to death +
iii) matters related to FC has taken before itself
iv) ordinary dispute of any case from sub court
commercial nature and convicted and
between centre and sentenced to death
states (last 2 - as matter of
v) recovery of damages right)
by a state against the
centre
Vi) adjustment of certain
expenses and pensions
between centre and the
states
fi
fi
fi
 18. HIGH COURT

- Articles 214 to 231 in Part VI

- 1862 , HCs were set up at Calcutta , Bombay and Madras
- Constitution of India provides a HC for each state but 7th CA 1956 - authorised the
Parliament to establish a common HC for 2 or more states or UTs
- at present there are 25 HC in India
- Delhi alone has separate HC (UT)
- UT of J$K and Ladakh has a common HC
- Salaries from CF of states but pensions from CFI

Composition and Quali cations Tenure , removal and Acting , additional and
Appointment transfer retired judges

CJ + such other judges Indian + have held a Tenure in constitution ❌ Acting judge- by
as the President may judicial o ce in territory President
but until he attains 62
from time to time of India for 10 years + Additional judge - by
+ resign by writing to
Strength in constitution have been an advocate president
President
❌ of a HC for 10 years
+ removal by President
min age - ❌ on recommendation of
distinguished Jurist ❌ Parliament

Judges are appointed by Oath before the Transfer - by President Retired Judge - CJ of
President in consultation Governor after consulting CJI + CJ HC can request with
with CJI , Governor of concerned HCs previous consent of
and CJ of HC if for other President + so
judges appointed

Original Jurisdiction of HC
- matters of admiralty and contempt of court
- disputes relating to the election of members of Parliament and state legislatures
- regarding revenue matter or act ordered or done in revenue collection
- enforcement of FR of citizens
- cases ordered to be transferred from a subordinate court involving the interpretation of the
constitution
- 4 HCs (calcutta, bombay , madras and Delhi) have original civil jurisdiction in cases of higher
value
fi
ffi
 19. STATE GOVERNMENT
- Part VI , Articles 153 to 167

Governor
- usually there is governor for each state but 7th CA , 1956 - facilitated the appointment of
the same person as a governor for 2 or more states
Appointment Conditions of o ce Term Powers and functions

By President by warrant In constitution - should 5yrs + Doctrine of Executive , legislative ,

under his hand and seal not be a member of pleasure of President nancial and Judicial
either House

Should be Indian + 35 Should not hold any Resignation to President

years age o ce of pro t

Conventions - should Such emoluments , Grounds for removal in

be an outsider + allowances and constitution ❌
President is required to privileges determined by
consult CM of state Parliament
concerned

Oath administered by CJ
of state HC

- Constitution makes It clear that if any question arises whether a matter falls within the
governor’s discretion or not , the decision of the governor is nal and the validity of anything
done by him cannot be called in question on the ground that he ought or ought to have acted
in his discretion.
- Constitutional Discretion - reservation of bill for consideration of President +
Recommendation for imposition of President’s rule + while exercising his functions as the
administrator of an adjoining UT + determining the amount payable by G/o Assam ,
Meghalaya, Tripura and Mizoram to an autonomous tribal distt council as royalty accruing
from licenses for mineral exploration. + seeking info from CM with regard to administrative and
legislative matters of the state
- Situational Discretion - CM appointment when no party has clear cut majority + CM dies +
dismissal of CoM when can’t prove majority + if lost majority

Total number of ministers , including the CM , in the CoM in. A state shall not exceed 15% of
the total strength of legislative assembly of that state , but shall not be less than 12 - 91st CA,
2003
fi
ffi
fi
ffi
fi
 20. STATE LEGISLATURE

- Article 168 to 212 , Part VI

- States having 2 houses -> Andhra + Telangana + UP + Bihar + Maharashtra + Karnataka
- Parliament can abolish a legislative council or create it , if LA passes a resolution to that
e ect (should be passed by a special majority) - Act of Parliament is not to be deemed as an
amendment of the constitution for the purposes of Article 368 - passes like an ordinary
legislation ( simple majority )

- Strength - max strength is xed at 500 and min 60

- constitution provides for the reservation of seats for SC and ST in the assembly of each state
on the basis of population ratios.

Council strength - indirectly elected + max strength xed at 1/3rd of total strength of
assembly and min at 40 + The strength of Council is xed by Parliament
Manner of election - 1/3 elected by members of local bodies + 1/12 elected by graduates of 3
yrs standing and residing + 1/12 elected by teachers secondary school + 1/3 elected
members of legislative assembly + 1/12 nominated by Governor
System of Proportional representation by means of single transferable vote

- ultimate power of passing an ordinary bill is vested in the assembly - at most the council
can detain or delay the bill for a period of 4 months - 3 in the rst instance and 1 month in 2nd
instance .
ff
fi
fi
fi
fi
 21. SUBORDINATE COURTS

- Articles 233 to 237 in Part VI

NALSA -Article 39A - free legal aid to poor and weaker sections of the society and ensures
justice for all
- in 1987, Legal Services Authorities Act was enacted by Parliament - into force in 1995

https://nalsa.gov.in/lok-adalat

NALSA lays down policies , principles, guidelines and frames e ective and economical
schemes for the State legal services authorities to implement the legal services programmes
throughout the country.

Lok Adalats Permanent lok Adalats Gram nyayalayas

Is LA camp - 1982 in GJ LSA Act was amended in 2002 - 2008 Act , at grassroots for
LSA Act , 1987 - organisation and PLA - to deal with cases purpose of providing access to
functioning of LA pertaining to the public utility justice at their doorsteps
services

SLSA or DLSA or SCLS Chairman (been distt judge) + 2 - shall be court of Judicial
committee or HCLS committee or other persons having adequate Magistrate of 1st class and
Talk LS committee may organise experience in public utility presiding o cer shall be
LA at such interval and place as it services appointed by State govt in
thinks t consultation with HCS

- shall consist such no. of serving - upto 10 lakhs rs but central govt - shall be established for every
or retired judicial o cers and may increase the said pecuniary Panchayat at intermediate level or
persons as may be speci ed by jurisdiction from time to time a group of contiguous
the agency Panchayats

Pending cases + disputes at pre- - Nyayadhikaris are strictly

litigation stage judicial o cers

Related to o ence not - award shall be nal and binding - shall be a mobile court and
compoundable in any law ❌ on all parties thereto and shall be exercise powers of both civil and
by majority of persons (PLA) criminal courts

- such powers as that of civil - try cases which are mentioned

courts in 1st and 2nd schedule - state
- award nal and binding govt and centre can amend 1st
schedule of the Act and 2nd
schedule

- follow summary procedure in

criminal trial

Rules of evidence ❌ , appeal lies

to court of session (criminal) -
shall be disposed o within 6
months
fi
fi
ffi
ffi
ff
fi
ffi
ff
fi
ff
 22. CONSTITUTIONAL BODIES

- Article 338 provided for appointment of special o cer for SCs and STs to investigate all
matters relating to the constitutional safeguards of SCs and STs and submit report to
President
- 65th CA 1990 - multimember NCSC and ST
- 89th CA , 2003 - bifurcated the combined NCSC/ST into 2 bodies ; 338A - for NCST

NCSC- 338 NCST - 338-A NCBC - 338-B

Under Jurisdiction of m/o M/o Tribal A airs M/o SJE

Social Justice and - 102nd CA, 2018 (as
empowerment constitutional )

Functions -To investigate and - to investigate and - related to socially and

monitor matters relating monitor matters relating educationally backward
to constitutional and to STs classes
other legal safeguards - inquire into complaints - inquire into complaints
-for SCs - participate and advise - development of BC
-inquire into speci c on planning - make
complaints - make recommendations and
-advise on planning recommendations measures for dev,
process of socio - discharge such other welfare and protection
economic development functions in relation to - such other functions as
of SCs protection , welfare and president may specify
- make development and
recommendations for advancement of STs as
e ective implementation the President may
of safeguards specify (read below)
- similar functions with
regard to Anglo Indian
community

Powers - to regulate its own - to regulate its own - to regulate its own
procedure procedure procedure
- powers of a civil court -powers of a civil court - powers of a civil court

Composition Chairman + Vice Chairman + VC + 3 Chairman +VC+ 3 other

chairman + 3 other members (1 female) members
members (conditions of service by
(appointed by President) President )

Term 3 yrs 3 yrs for each 3 yrs

Removal By President , if SC Can be removed by Same

inquires President on ground of
misbehaviour after the
SC has an inquiry

Other Functions of the commission (NCST)

- in 2005 , President speci ed following functions
I) measures to be taken over conferring ownership rights in respect of minor forest produce to
STs living in forest areas
ii) to safeguard rights of the tribal communities over mineral resources , water resources etc as
per law
iii) to improve e cacy of relief and rehab measures for tribal groups
iv) to prevent alienation of tribal people from land and to e ectively rehab them
V) measures to be taken to ensure full implementation of PESA Act , 1996
Vi) to reduce and ultimately eliminate practice of shifting cultivation
ff
ff
ffi
fi
fi
ffi
ff
 UPSC SPSC JPSC

Articles 315 to 323 , part XIV Same set of Articles Provision in constitution

Composition Chairman + others (discretion of Chairman + other Can be created by Act of

president) , appointed by (appointed by Parliament (statutory)
President Governor) appointed by President

Quali cations In constitution ❌ , except that same Number of members and

service conditions - by
1/2 of members should be such
President
persons who have held o ce
Annual report to each
10yrs + under GoI or state
state Governors
+ President to determine the
concerned
conditions of service

Term 6 yrs or until 65 yrs + chairman 6yrs or 62 yrs age 6 yrs or 62 yrs age
or member (completed term) resignation to Governor resignation to President
not eligible for reappointment

Removal By president in manner BY President - on same

provided in the Constitution grounds and in same
under following circumstances manner as in case of
I)adjudged insolvent UPSC members
ii)paid employment outside
duties of his o ce
iii) unfair to continue by reason
of in rmity of mind or body
+
Misbehaviour - in this case ,
President has to refer the matter
to SC (binding Advice)
+ misbehaviour de ned in
constitution

Functions AIS , CS and Public services of Same but for state

centrally administered territories - additional functions
(exam)- assists states relating to services of
-on request of governor , serves state can be conferred
the needs of a state , with by State Legislature
approval of President

Consulted in - all matters related to methods

of recruitment of civil services
-principles followed in
appointments , promotions and
transfers
- disciplinary matters a ecting a
person serving under the GoI in
civil capacity
- any other matter related to
personnel management
- matters of temporary
appointments
- any claim for award of
pension, legal expenses etc

Jurisdiction can be extended by Can be extended by Act

Act of Parliament + President of State Legislature
can exclude posts , services
from purview of UPSC
fi
fi
ffi
fi
ff
ffi
 23. SCHEDULED AND TRIBAL AREAS

- Article 244 , Part X - special system of administration for certain areas designated as
scheduled areas and tribal areas
- 5th schedule deals with the administration and control of SA and scheduled tribes in any
state except the 4 ATMM(Assam , Meghalaya , Tripura , Mizoram)
- 6th Schedule - administration of tribal areas in 4 NE states of ATMM

5th schedule 6th schedule

Declaration President is empowered to declare an Governor is empowered to organise

area to be SA and reorganise Autonomous districts
He can increase or decrease its area , These distt do not fall outside the
alter boundaries etc in consultation with executive authority of state
the governor

Executive powers Of State extends to SA therein Distt and regional councils are
But Governor has special responsibility - empowered to assess and collect land
He has to submit report to President revenue and impose certain speci ed
of centre extends to giving directions to taxes.
the states regarding the administration of
such areas

TAC Tribal advisory council to advise on the Autonomous disst - 30 members -

welfare and advancement of STs 4/30 nominated by Governor , rest are
20 members - 3/4th to be elected
representatives of ST in state assembly Each Autonomous region also has a
(A similar council can also be estb having separate regional council
ST but not SA if President permits)

Laws Applicable Governor - can direct if any law of Laws made by DC and Regional
parliament or state apply or not to SA or council requires assent of the
needs modi cation etc Governor .
He can make regulations for peace and - Acts of Parliament or state do not
good government after consulting TAC + apply or apply with modi cations
regulations can ament Parliament law and exceptions
(require assent of President)
fi
fi
fi
 24. TYPES OF URBAN GOVERNMENTS

Municipal corporation Municipality Noti ed area Town area committee

committee

Established in states by For administration of For administration of - For administration of

the Acts of the towns and smaller cities fast developing town + small town
concerned state + in in states by - state Acts not municipality but created by separate Act
UTs by Parliament and in UT by Parliament important of state legislature
(Delhi case) estb by Noti cation

Council + standing Council + standing An entirely nominated Composition and

committees + committees + chief body (by state govt) functions governed by
commissioner executive Statutory body ❌ the Act

Council - deliberative Council - headed by Within framework of May be wholly elected /

and legislative wing of chairman / president Municipal Act but only nominated or partially .
the corporation those provision apply Depends on the state
( councillors are directly which are noti ed in govt Act
elected+few nominated) gazette by which it was
Council is headed by created.
Mayor

Standing committees -
to facilitate working of
council , they take
decisions in their elds

Commissioner - Chief executive o cer is

responsible for responsible for day to
implementation of the day general
decisions taken by administration and is
council and committees appointed by state
He is the chief executive government
authority of Corporation
(generally an IAS/ state
services)

Cantonment Board Township Porttrust SPV

Setup under provisions estab by the large public To manage and protect To undertake speci c
of Cantonment Act 2006 enterprises + provide civic amenities functions

Works under Enterprise appoints a Created by the Act of Function based and not
Administrative control of town administrator Parliament area based
Defence Ministry

Created as well as Has no elected Consists of both elected as statutory bodies or

administered by central members and nominated members through an executive
govt . resolution

Partly elected(5 yrs An extension of They are not subordinate

term) and partly bureaucratic structure of agencies of local
nominated members. enterprise. municipal bodies

Executive o cer is
appointed by the
President
fi
ffi
fi
fi
ffi
fi
fi
 25. PANCHAYATI RAJ

Evolution
- community development programme (1952) - govt appointed a committee to examine the
working and to suggest measures for better working

Balwant Rai Mehta Ashok Mehta GVK Rao Singhvi Committee

Submitted report in nov Dec 1977 , Janta govt Appointed by planning 1986 - PRIs should be
1957 - scheme for appointed commission in 1985 , constitutionally
democratic submitted in Aug 1978 bureaucratisation of DA recognised - add new
decentralisation and made 132 weakened PRIs Chapter
recommendations

3 tier system - gram 2 tier system - Zila No major focus on the

panchayat at village Parishad at district and structure part , focused
panchayat samiti - Mandal Panchayat on ‘what’ part
@block consisting group of
zila parishad @ district villages

Village panchayat - Zila parishad should be Elections to PRIs should Villages should be
directly elected executive body and be held regularly + a reorganised to make
representatives made responsible for post of district Gram Panchayats more
Samiti and parishad - planning at distt level development viable
indirectly commissioner be
created

Panchayat samiti should O cial participation of Assigned major role to Emphasised the
be executive body while political parties at all PRI in DA importance of Gram
Zila parishad be advisory levels Sabha

District collector Regular social audits Some the planning Judicial tribunals be
should be the chairman + Naya panchayats as functions at state level established in each state
of zila parishad separate +voluntary be transferred to distt
agencies should play planning units
imp role

Recommendations Minister for Panchayati Reduction in the Nyaya panchayats be

were accepted by NDC Raj in state council developmental role of established for cluster of
in 1958 Collector villages

Seats for SCs and STs Village Panchayats

on basis of population should have more
nancial resources

A constitutional
recognition should be
accorded to PRI

P.K. Thungon - a sub committee Gadgil - on policy and programmes - 1988

1988 - sub committee of consultative committee of Constitutional status + 3 tier + xed 5 yrs term + at
parliament all level directly elected members

Constitutionally recognise + 3 tier + 5 yrs tenure Reservation for SCs and STs and women

State nance commission + reservation at all levels State election and nance commissions + list of
+reservation for women +planning and coordination subjects should be speci ed + powers to levy ,
committee at state level collect and appropriate taxes and duties
fi
ffi
fi
fi
fi
fi
 73rd Constitutional Amendment 74th Constitutional Amendment

Added Part IX - Articles 243 to 243O + added 11th Added part IX-A - Articles 243-P to 243-ZG +12th
schedule containing 29 functional items schedule containing 18 functional items

Gave practical shape to Article 40 (DPSP) + brought - provides for constitution of 3 types of
states under constitutional obligation to adopt the municipalities - nagar panchayat, municipal council
new Panchayti raj system - have some compulsory and corporation
and some voluntary functions/ provisions

Gram Sabha - persons registered in the electoral All members of municipality be elected directly by
rolls of village comrprised within area of panchayat people of municipal area

3 tier system - uniformity - state having population State legislature may provide for manner of election
less than 20 lakh may not constitute panchayats @ of the chairperson of municipality
intermediate level

Elections - all members shall be elected directly + State - may provide for representation of - persons
chairperson at distt and intermediate level - having special knowledge or exp in administration +
indirectly by elected members members of LS and MLA representing
chairperson at village - in such manner as state constituencies - wholly or partially municipal area +
legislature determines Members of RS ans state legislative council

Reservation - for SCs and STs at all levels in Ward committees - constituting 1 or more wards
proportion to population in panchayat area (r/w (state law for composition and territorial area of
Article 334) ward)
+ not less than 1/3rd for women at each level
+ state can legislate for Backward classes

Duration - 5ys at every level + can be dissolved - a Reservation - for SCs and STs in every
panchayat constituted upon the dissolution of a municipality in proportion + not less than 1/3rd
panchayat before expiration -shall continue only women
for remainder of the period Duration - 5 yrs + remainder period if dissolved

Disquali cation - all questions be referred to such Disquali cation - same

authority as state legislature determines
21 years - no disquali cation

State legislature may authorise DPC - at distt level - state legislature may make
I) to levy , collect and appropriate taxes , duties and provisions with respect to I)composition , manner of
fees election , function in relation to planning , election
ii) assign to panchayat taxes , duties etc levied and of chairpersons
collected by state govt + 4/5th of members of DPC should be elected by
iii) provide for making grants in aid to panchayats elected members of distt panchayat and
from CF of state municipalities from among themselves - rural urban
iv) provide for constitution of funds for crediting all proportion
moneys of panchayats Similarly MPC metropolitan area(but 2/3rd ⬆ )

29 functional items - PDS, community assets , 18 functional items - slaughter houses , public
welfare of weaker sections , women and child amenities, vital statistics, cattle ponds, burials,
development , family welfare, health and sanitation , promotion of cultural, poverty alleviation, slum
market and fairs, cultural activities, libraries, adult improvement, interest of weaker sections, urban
and non formal eduction , technical training and forestry , re services, public health , solid waste ,
vocational education, poverty alleviation, rural water supply, roads and bridges, planning for eco-
electri cation , roads /bridges/waterways etc, fuel socio development , regulation of land use and
and fodder, drinking water, rural housing, Khadi and construction, urban planning including town
village cottage, small scale industries, minor forest planning
produce, social forestry, sheries, animal
husbandry, minor irrigation water management, land
improvement and soil conservation, agriculture
fi
fi
fi
fi
fi
fi
 - compulsory and voluntary provisions of 73rd CA, 1992 or part IX of constitution

Compulsory provisions Voluntary provisions

Organisation of Gram Sabha in a village or group of Endowing gram Sabha with powers and functions
villages at the village level

Estb of panchayats at village , intermediate and Determine the manner of election of the
district levels chairperson of village panchayat

Direct elections to all seats in panchayats at village, Giving representation to chairpersons of village
intermediate and distt levels panchayat in intermediate level , similarly
representation of chairpersons of intermediate
levels in distt panchayat

Indirect elections tot he post of chairperson of Representation to MP, MLA at di erent levels falling
panchayats at intermediate and distt levels within their constituencies

21 years to be the minimum age for contesting Providing reservation of seats for BC at any level

Reservation of seats for SC, STs and Women Devolution of powers and responsibilities

Fix tenure of 5 yrs and regular elections Granting nancial powers to the panchayats

Establishment of SEC and SFC

PESA ACT , 1996 (provisions of the Panchayats extensions to scheduled areas)

10 states - Andhra , Telangana , Chhattisgarh , Gujarat, Himachal Pradesh , Jharkhand, MP, MH,
Odisha, Rajasthan
- All 10 states have enacted requisite compliance legislations by amending the respective PR acts

https://tribal.nic.in/actRules/PESA.pdf
fi
ff
 26. Special Provisions for some states
- Articles 371 to 371-J in Part XXI
- to meet the aspirations of the people if backward regions of the states or to deal with the
disturbed law and order or to protect the cultural and economic interests if the tribal people or to
protect the interest of the local people of the states
MH + GJ Nagaland Assam and Andhra and Sikkim and
Manipur Telangana Mizoram

Article 371 Article 371-A 371-B and 371-C 371-D and 371-E 371-F and 371-G

President is Acts of Parliament President is President - to 371-F included by

authorised that the do not apply unless empowered to provide for 36th CA 1975,
Governor have Assembly decides provide for the equitable Sikkim LA - not
special resp. For - (matters) I) religious creation of a opportunities in less than 30
or social practices committee of matter of public members + 1 seat
of Nagas + Assam LA employment and to Sikkim in LS and
customary laws + consisting of the education Sikkim forms 1
adm of civil and members elected parliamentary
criminal justice from Tribal Areas of constituency +
involving naga the state and such President can
customary laws+ members as he extend any law to
ownership and may specify Sikkim which is in
transfer of land and force in Union
resources

I) estb of separate Governor - special President - President may Parliament - to

development resp for law and authorised to require the state provide for no. of
boards for order , shall cease create committee govt to organise seats in LA of
Vidarbha, when President so of Manipur LA civil posts in local Sikkim for di erent
Marathawad, and directs consisting cadres for di erent sections +
rest of MH + members from Hill parts of state candidate from
Saurashtra, Kutch Areas of state such section can
and rest of GJ stand for election

ii) report on A regional council President can also President - 371-G Acts of
working of these 35 members for direct that establishment of Parliament - unless
boards every year Tuensang distt - Governor has Administrative LA decides I)
to state assembly Governor to make special resp to Tribunal (for religious practices
rules for secure the proper above ) - function +customary
composition , working of that outside HC laws+land + civil
manner etc committee purview and criminal justice

iii) equitable Governor to 371-E empowers Mizoram LA not

allocation of funds submit annual Parliament to less than 40
for developmental report to state LA provide Central members
exp of above Univ. In Andhra
mentioned areas

iv) adequate Central govt can

facilities for give directions to
technical education state govt as to
and vocational administration of
training hill areas

Arunachal Pradesh and Goa Karnataka - 371-J - President is empowered

371- H and 371 -I (both not less than 30 members) Estb of development board for Hy-Kr region

Arunachal - Governor for law and order , individual Report every year + development fund+reservation
judgement and nal - cease when President says in state posts and education and vocational training
ff
ff
fi
 NHRC SHRC CIC SIC

Statutory body -1993 , 26 states constituted Under the provisions of RTI Act , 2005
Protection of Human through o cial gazette - RTI Act , 2005
Rights Act Human Rights Act , 1993 statutory body

Objective - to strengthen SHRC - can inquire only

institutional in respect of subjects
arrangements through mentioned in state list
which human rights and concurrent list
issue could be - functions relating to
addressed + look into HR in case of Delhi are
allegations dealt with by NHRC
+ to complement and
strength e orts that are
already there

Composition - Composition - Composition - CIC + Composition - CIC +

chairperson (should be chairperson(should be not more than 10 ICs not more than 10 ICs
retired CJI/judge of SC) retired or serving J of MP, MLA - ❌ MP, MLA - ❌
+ 5 members ( 1 - been HC) + 2 members
judge or judge to HC , 1- (serving or retired J of
women) HC or 7 yrs Distt judge)

Ex o cio - chairpersons 2nd member - person

of NCSC, NCST , NCBC, having knowledge or
NCW, NCPC, CCPwD, experience with respect
NCM to HRs

Appointment - by Appointment - by Appointment - by Appointment - by

President on Governor on recomm. Of President on Governor ,
recommendation of 6 committee (CM recommendations of a committee( CM+LoP +
member committee (PM +Speaker LA + LoP committee (PM +LoP in state cab minister)
+LoP in both houses+ +Home minister state ) LS + cab minister
DC of RS +Speaker+ nominated by PM)
Home Minister)

Term - 3 years or until Term - 3 years or 70 yrs Tenure - prescribed by Tenure - prescribed by
70 yrs age reappointment ✅ Central govt + until 65 Central govt . + until 65
reappointment ✅ age , reappointment ❌ reappointment ❌

Removal - by President Removal - only by Removal - by President Removal - Governor

if I) adjudged insolvent President on grounds ⬅ can remove on same
ii)paid employment same grounds ⬅ grounds ⬅
iii)un t iv) unsound mind
https://egazette.nic.in/
v) convicted and
WriteReadData/ (misbehaviour or
imprisonment
2019/208592.pdf Incapacity )
+ proved misbehaviour
Governor has to refer
or incapacity ( refer SC)
matter to SC

Functions - inquire + Same Powers - suo motu +civil ✅

suo motu + visit jails + court +all public records
such other as necessary +secure compliance of
for promotion of human its decision + seeking
rights + encourage NGO annual report + penalty

Powers - to regulate https://prsindia.org/

own procedure + civil billtrack/prs-products/
court - after expiry of 1 prs-bill-summary-3288
year can’t inquire
ffi
fi
ffi
ff
 Central vigilance commission Central Bureau of Investigation

1964 - through executive resolution - recommended 1963 - resolution MHA , later transferred to M/o
by Santhanam committee - in 2003 Parliament Personnel - now status of attached o ce + special
enacted a law police estb. 1941 , ,merged with CBI

Composition - chairperson and not more than 2 CBI not a statutory body , derives it’s power from
vigilance commissioners DSPE Act, 1946 - main investigating body of centre

Appointed - by President on recommendation of Provides assistance to CVC and Lokpal

committee (PM + LoP + M/oHA)

Term - 4 yrs or 65 yrs age

Removal - President if I)adjudged insolvent ii) Composition - headed by a Director ( security if

convicted of o ence iii) paid employment iv) un t v) tenure 2 yrs in o ce by CVC Act) - on
acquired nancial or other interest to a ect recommendation of (PM + LoP +CJI)
prejudicially his o cial functions 2014 changes - if no LoP , leader of single largest
+ misbehaviour or incapacity (refer to SC) opposition party in LS would be a member

Organisation - has its own secretariat +

commissioners for departmental inquiries + chief
technical examiners wing

Functions - inquire or investigate on a reference Functions - cases of corruption , bribery etc +

made by central govt - PCA, 1988 economic laws , customs and central excise ,
+ complaint agains AIS members , Group A , income tax etc + investigating serious crimes
speci ed level of o cers of authorities of central + taking up on request of state govt any case of
govt. public importance
+ exercise superintendence over functioning of CBI + CBI as National central Bureau of Interpol in
(related to PCA o ences) + review and direct CBI in India
PCA o ences + exercise superintendence over
vigilance adm in ministries of centre

Lokpal and Lokayukta Act , 2013 amended both

CVC Act 2003 and DSPE act 1946

Jurisdiction - AIS members + Group A of centre https://www.indiatoday.in/india/story/what-is-

o ers of rank of scale V and bow in PSBs + o cers general-consent-to-cbi-1738499-2020-11-06
in grade D and above in RBI, NABARD, SIDBI +
managers and above in General Ins. companies +
Senior divisional manager and above in LIC + etc

Powers - regulate its own procedure + civil court +

proceedings have judicial character
Annual report to President
ff
fi
ff
fi
ff
ff
ffi
ffi
ffi
ffi
ff
ffi
fi
 27. O cial Language

- Part XVII - Article 343 to 352

- language of Union , Regional Languages , Language of the Judiciary and texts of laws and
special directives

Language of the Union

- in Constitution - Hindi written in Devanagari script to be o cial language of Union but numerals
international forms and not Devanagari
- even after 15 yrs , Parliament may provide r the continued use of English Language for the
speci ed period
- O cial languages Act 1963 - continued use of English(inde nitely) in addition to Hindi for all
o cial purposes of the Union and also for the transaction of business in Parliament

Regional Languages
- constitution does not specify the o cial language of di erent states
- constitution - legislature of a state may adopt any one or more languages in use in state or
Hindi as o cial language
- 2 or more states are free to agree to use Hindi for communication between themselves
- OLA 1963 - English should be used for purposes of communication between the Union and Non
Hindi states
- when the President (on demand being made) is satis ed that a substantial portion of
population desire the use if any language spoken by them to be recognised by state - then
he may direct that such language shall also be o cially recognised by state.

Language of Judiciary and texts of laws

- constitution - until Parliament provides - English language only in - I) all proceedings in SC and
in every HC ii) authoritative texts of bills , acts, ordinances , orders , rules, regulations and by laws
at the central and state levels
- Governor - with previous consent of President - authorise use of Hindi or any other o cial
language of state in the proceedings in the HC of the state but not with respect to judgements ,
decrees and orders passed (English only until Parliament provides)
- SC hears only those who petition or appeal in English (parliament has not made any law
yet)

Special Directives
- Constitution - to protect interest of linguistic minorities and to promote the development of Hindi
Language
- constitution - individual has Right to submit a representation - representation can not be
rejected on the ground that it is not in the o cial language
- state and local authority - to provide adequate facilities for instruction in mother tongue at
primary stage of education to children belonging to minority groups
- president should appoint a special o cer for linguistic minorities

Development of Hindi Language

- Constitution - duty upon centre to promote spread and development of Hindi language
ffi
ffi
fi
ffi
ffi
ffi
ffi
ffi
fi
ffi
ff
fi
ffi
fi
ffi
28. Special provisions relating to certain classes

- Part XVI from Articles 330 to 342A related to

Reservation in legislatures + special representation + reservation in services and posts +
educational grants + Appointment of national commissions and commissions of investigation

- Constitution does not specify the castes or tribes which are to be called SCs or STs ,
President has the power to specify that castes or tribes in each state and UT are SCs and STs
But any inclusion and exclusion from Presidential noti cation can be done only bye the
Parliament and not by subsequent Presidential noti cation.
- 102nd Amendment Act 2018 - empowered President to specify the socially and educationally
backward classes in relation to state or UT
- Constitution has de ned the persons who belong to Anglo Indians

https://egazette.nic.in/WriteReadData/2020/215637.pdf - read with Article 334 |

29. Recognition of National and State Parties

- other parties are simply declared as registered- unrecognised parties

- recognition granted by commission to the parties determines their right to certain privileges like
allocation of the party symbols , provision of time for political broadcasts on the state owned
television and radio stations and access to electoral rolls.
- Recognised party need only 1 proposer for ling the nomination - + these parties are allowed to
have 40 star campaigners during time of elections and the registered- unrecognised parties
allowed to have 20 star campaigners.

Conditions for National Party recognition Conditions for State Party recognition

If secures 6% of valid votes polled in any 4 or more If secures 6% of valid votes polled in state at
states at a general election to LS or to LA + wins general election to LA of state + wins 2 seats in
4 seats in LS from any state or states assembly of state concerned

Or if wins 2 % of seats in LS at general elections + Or secures 6% of valid votes polled in state at

these candidates are elected from 3 states general election to LS from state + wins 1 seat in
LS from state concerned

Or it is recognised as state party in 4 states Or was 3% seats in LA or 3 seats in assembly -

which ever is more

Or if it wins 1 seat in LS for every 25 seats or any

fraction thereof allotted to state at general election
to LS from state concerned

or secures 8% of total valid votes polled in state

general election to LS from state or LA of state
(added in 2011)

https://t.me/HCSandCSE2022/3170 - ECI FAQs

fi
fi
fi
fi
 30. PUBLIC SERVICES

- AIS Act , 1951 , authorised the central govt to make rules in consultation with the state Govts for
the regulation of recruitment and service conditions of the members of AIS
- tenure system

Constitutional provisions
- Articles 308 to 314 in part XIV - with regard to AIS, central services and state services
Article 309 Article 310 Article 311 Article 312

Empowers the Pleasure of president 2 restrictions on Parliament can create

parliament and state similarly for state - Doctrine of pleasure new AIS , if RS passes a
legislature to regulate pleasure of Governor I) civil servant can not be resolution declaring that
the recruitment and Exception - dismissed or removed it is necessary in
conditions of service of compensation if post is by an authority national interest to do so
the persons appointed abolished + if he is subordinate to that by (with 2/3rd majority)
under centre and state required to vacate for which he was appointed
respectively reasons not misconduct

Parliament or state ii) can not be removed or + Parliament can

legislature can impose dismissed or reduced regulate recruitment and
reasonable restrictions except an inquiry and conditions of services of
on FRs public servants. given reasonable persons appointed to
conduct rules etc opportunity being heard AIS
(not to members of
military posts)

But holding inquiry not A law providing for the

I) on ground of conduct creation of this service is
which has led to not to be deemed as an
conviction on criminal amendment of
charge constitution for purposes
ii)if satis ed (recorded in of Article 368.
writing) not reasonably
practicable to hold
inquiry
iii) President or Governor
- in interest of security of
state
fi
31. Co-operative Societies

- 97th CA , 2011 - constitutional status and protection to cooperative societies

- made the right to form cooperative societies a fundamental right (Article 19)
- included a new DPSP on promotion of cooperative societies (Article 43-B)
- added a new part IX-B in the constitution which is entitled “the cooperative societies” (Articles
243-ZH to 243-ZT)

Incorporation State legislature may make provisions for the incorporation , regulation and winding up
of cooperative of cooperative societies based on the principles if voluntary formation , democratic
societies member control , member economic participation and autonomous functioning

Number and Board shall consist of such number of directors as may be provided by state legislature
term but maximum number of directors of cooperative society shall not exceed 21
+ state legislature - reservation for 1 seat for SC or ST and 2 seats for women on board
of every cooperative society + term of 5 yrs

Election of Superintendence , direction and control of preparation of electoral rolls - shall vest in
members such body as may be provided by state legislature

Suppression No board shall be suspended for a period exceeding 6 months -

and
suspension

Audit State legislature may make provisions for the maintenance of accounts and auditing at
least once in each nancial year.
fi
 CAG Attorney General Advocate general Special o cer for
linguistic minorities

Article 148 - he is the Article 76 - highest law Article 165 - for states 7th CA , 1956 - inserted
head of Indian audit and o cer in the country a new Article 350-B in
accounts department. Part XVII

Controls the entire Appointment - by Appointment - by the There should be a

nancial system of the President , must be governor , quali ed to be special o cer for LM ,
country (centre and quali ed to be a judge of a judge of HC appointed by President
state) SC

Appointment - by the Term - of o ce is not Same Duty of special o cer to

President by a warrant xed by the constitution investigate all matters.
under his hand and seal.

Term - 6 yrs or 65 yrs Holds o ce during the Pleasure of Governor Constitution doesn’t
can resign anytime by pleasure of President specify quali cations,
writing to president tenure , salaries and
allowances and removal

Removal - by President Receives such Governor

on same grounds and in remuneration as the
same manner as Judge President may
of SC determine.

Not eligible for further Has right to audience in

o ce + charged upon all courts in territory of
CFI India

Article 149 - authorises He is not debarred

parliament to prescribe from private legal
duties and powers of practice.
CAG

Submits 3 reports to
President + He is
responsible only to
Parliament
fi
fi
ffi
ffi
fi
ffi
ffi
ffi
ffi
fi
fi
ffi
 32. RPA 1950 and RPA 1951

RPA 1950 RPA , 1951

Allocation of seats and delimitation of Quali cation for Membership of Parliament

constituencies quali cations for MLA
House of people + State LA disquali cations for membership of Parliament and
State Legislative council LA

O cers - CEO +DEO+electoral registration o cers Disquali cation for voting

Electoral rolls - for assembly and council Noti cation of general elections
constituencies Administrative machinery for conduct of elections

Registration of political parties + the poll + counting

of votes + Multiple elections

Elections expenses + result publication + disputes

regarding elections + trial of election petition

Electoral o ences + corrupt practices +

disquali cations from voting and for membership +

Powers of EC in connection with inquires as to

disquali cation of members

Article 327 - using this article

Parliament enacted RPA 1950 and
1951

Join Our Telegram Channel - https://t.me/

ffi
fi
fi
fi
fi
fi
fi
fi
ff
ffi