INDIAN POLITY NOTES (Structured from Uploaded Notes Only)

SUPREME COURT (Articles 124–147)

Strength of Supreme Court Judges

• 1950 – 8 Judges
• 1956 – 11 Judges
• 1960 – 14 Judges
• 1977 – 18 Judges
• 1986 – 26 Judges
• 2008 – 31 Judges
• 2019 – 34 Judges (33 + CJI)

Oath of CJI / SC Judges

• Oath administered by:
  • President
  • Or a person appointed by the President

Salary

• Determined by Parliament
• Paid from:
  • Consolidated Fund of India (CFI)

Retired Judge

• A retired judge can be called for hearing of a case and for giving judgment.

ACTING CHIEF JUSTICE & AD HOC JUDGE

Acting Chief Justice (Article 126)

• Appointed in absence/vacancy of CJI
• Senior-most SC judge becomes Acting CJI
• Appointed by President
• Administrative head
• Temporary CJI

Ad Hoc Judge (Article 127)

• Appointed when there is lack of quorum/judges
• HC Judge can sit in Supreme Court temporarily
• Appointed by CJI
• Only judicial work
• Temporary additional judge

ORIGINAL JURISDICTION OF SUPREME COURT

Original Jurisdiction

• Case goes directly to Supreme Court

Exclusive Jurisdiction

• No other court can decide such matters

Where Original Jurisdiction Cannot be Applied

1. Pre-Constitution treaties
2. Inter-State water disputes
3. Finance Commission matters
4. Commercial disputes
   • Business
   • Contract
   • Trade
   • Supply
   • Payment
5. Recovery of damages by State against Centre

JUDGES CASES & COLLEGIUM SYSTEM

First Judges Case (1982)

• Consultation ≠ Concurrence
• Government decision dominated

Second Judges Case (1993)

• Advice of Chief Justice given priority
• Collegium System started

Third Judges Case (1998)

• Collegium:
  • CJI + 4 Senior Most Judges

Fourth Judges Case (2014–15)

• NJAC Act & Constitutional Amendment
• Later abolished
• Collegium system restored again

IMPEACHMENT OF JUDGE

First Judge Impeachment Case (Failed)

• Justice V. Ramaswami (1991–93)
• Motion could not be passed

BERUBARI UNION CASE (1960)

• Related to India–Pakistan boundary issue
• Berubari in West Bengal
• Both countries claimed it

Nehru–Noon Agreement (1958)

• President sought Supreme Court opinion under:
  • Article 143
  • Advisory Jurisdiction

ADVISORY JURISDICTION

Article 143

• President can seek opinion of Supreme Court

ANTI-DEFECTION & JUDICIAL REVIEW

Kihoto Hollohan vs Zachillhu (1992)

• Anti-Defection Law held valid
• Speaker’s decision subject to Judicial Review

RPA ACT, 1951 & LILY THOMAS CASE

Section 8(4), RPA Act 1951

• Convicted MP/MLA earlier got time to appeal in higher court
• Membership continued during that period

Lily Thomas vs Union of India (2013)

• Section 8(4) declared unconstitutional
• Separate treatment for ordinary citizens and legislators not allowed
• Now:
  • Conviction + minimum 2 years sentence → membership ends immediately

ATTORNEY GENERAL & CEC

Qualifications

• Qualification of Attorney General:
  • Same as Judge of Supreme Court

Removal

• Removal process similar to CEC reference mentioned

INTERIM GOVERNMENT

Governor-General

• Till February 1947:
  • Wavell
• Afterwards:
  • Lord Mountbatten

CONSTITUENT ASSEMBLY

• Cabinet Mission setup:
  • 1946
• First meeting:
  • 9 December 1946
• Objective Resolution adopted:
  • 22 January 1947

NATIONAL SYMBOLS

• National Anthem adopted:
  • 24 January 1950
• Jana Gana Mana:
  • 24 January 1950

PARLIAMENTARY COMMITTEES

Types

1. Standing Committees
2. Ad Hoc Committees

STANDING COMMITTEES

Financial Committees

Departmentally Related Standing Committees

Committees to Inquire

IPPE

1. Petitions Committee
2. Privileges Committee
3. Ethics Committee

Committees to Scrutinise & Control

1. Committee on Government Assurances
2. Committee on Subordinate Legislation
3. Committee on Papers Laid on the Table
4. Welfare Committee for SC & ST
5. Committee on Empowerment of Women
6. Joint Committee on Offices of Profit

Day-to-Day Business Committees

1. Advisory Committee
2. Private Members’ Bills & Resolutions Committee
3. Rules Committee
4. Committee on Absence of Members from Sitting of House

HOUSE KEEPING / SERVICE COMMITTEES

1. General Purpose Committee
2. House Committee
3. Library Committee
4. Joint Committee on Salaries & Allowances

CENTRAL VIGILANCE COMMISSION (CVC)

• Statutory body
• 1998 resolution
• CVC Act, 2003
• Multi-member body:
  • 1 + 2

CENTRAL INFORMATION COMMISSION (CIC)

• CIC Act, 2002
• Structure:
  • 1 + 10

FUNDAMENTAL RIGHTS

Article 13

• Laws inconsistent with Fundamental Rights become void
• Doctrine of Eclipse / Doctrine related to void laws noted

Article 33

• Parliament can restrict or modify Fundamental Rights of:
  • Armed Forces
  • Intelligence Agencies
  • Forces maintaining public order
  • Telecommunication systems

Article 34

• Restriction during Martial Law

Article 35

Only Parliament can legislate regarding:

• Article 16(3)
• Article 32(3)
• Articles 33 & 34
• Punishment for offences under Part III

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

Article 38

• Social order through:
  • Social Justice
  • Economic Justice
  • Political Justice

Article 39

Principles of Economic Justice

(a) Right to livelihood

(b) Distribution of resources

(c) Prevention of concentration of wealth

(d) Equal pay for equal work

(e) Protection of workers & children

(f) Child development

Article 39(d)

• Equal pay for equal work

Article 42

• Maternity relief

Article 43

• Living wage for workers
• Decent standard of life
• Social & cultural opportunities
• Promotion of cottage industries in rural areas

Article 43B

• Promotion of Cooperative Societies
• 97th Constitutional Amendment, 2011

Article 47

• Raise level of nutrition
• Improve public health
• Improve standard of living
• Prohibition of intoxicating drinks & harmful drugs

Article 48A

• Protect and improve environment
• Safeguard forests and wildlife

FUNDAMENTAL DUTIES (Article 51A)

FUNDAMENTAL DUTIES (ARTICLE 51A) 

 
Important Notes 

CONCURRENT LIST

Entries Mentioned

1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals & Birds
5. Administration of Justice
   
   Note : Transferred Subjects by 42nd Amendment

PRESIDENT

Articles

• Article 52 – Office of President
• Article 54 – Electoral College

Article 55 – Manner of Election

(a) Uniformity in representation among states

(b) Parity between States & Union

Term

• Articles 56 

Article 61(2)

• Impeachment notice:
  • Must be signed by at least 1/4th of total members
  • 14 days notice required before moving resolution

Article 72 – Pardoning Power

Can grant pardon:

(a) Court martial cases

(b) Against Union laws

(c) Death sentence cases

Types of Pardoning Powers

Commutation

• Punishment changed to lighter form

Remission

• Nature of punishment same
• Duration reduced

Respite

• Lesser sentence in special cases
• Example:
  • Pregnancy
  • Old age

Reprieve

• Temporary stay on execution of sentence

VICE PRESIDENT

Article 63

• Office of Vice President

Article 64

• Ex-officio Chairman of Rajya Sabha

OATH

• Articles 60 (For President ) & 69 for VP

GOVERNOR

Articles 153–162

Article 153

• Governor for each state
• One Governor can be appointed for two or more states

Article 154

• Executive power of State vested in Governor

Article 155

• Appointment of Governor

Article 156

• Term of Governor

Article 157

• Qualifications

Article 158

• Conditions of office

Article 159

• Oath & affirmation

Article 160

• Discharge of functions of Governor

Article 161

• Power of pardon

Article 162

• Extent of executive power of State

CONDUCT OF BUSINESS

Union

• Article 77

State

• Article 166

Duties : 78 (Union ) & 167 (State)

EXECUTIVE POWER

Union

• Article 53

State

• Article 154

EMERGENCY ACTION

• Article 200 – Governor’s action
• Article 201 – President’s action

PRESIDENTS & VICE PRESIDENTS

Presidents

3. Zakir Hussain (1967–69)

• V.V. Giri (Acting)
• M. Hidayatullah (Acting)

4. V.V. Giri (1969–74)
5. Fakhruddin Ali Ahmed (1974–77)

• B.D. Jatti (Acting)

6. Neelam Sanjiva Reddy (1977–82)
7. Zail Singh (1982–87)
8. R. Venkataraman (1987–92)

Vice Presidents

4. Gopal Swarup Pathak (1969–74)
5. B.D. Jatti
6. M. Hidayatullah
7. R. Venkataraman (1987–92)
   
   10. Krishan Kant (1997–2002)
   15. S. Radhakrishnan

VICE PRESIDENTS WHO BECAME PRESIDENT

1. S. Radhakrishnan
2. Zakir Hussain
3. V.V. Giri
4. M. Hidayatullah
5. R. Venkataraman
6. Shankar Dayal Sharma
7. K.R. Narayanan

UNION EXECUTIVE

President, Vice-President & Governor

Removal Process of President, Vice-President & Governor

President

• Impeachment by Parliament.
• Participation:
  • Elected + Nominated members of Parliament participate.
  • Nominated members of Lok Sabha and Rajya Sabha can participate in impeachment.

Vice-President

• Removal Resolution:
  • Passed by Rajya Sabha.
  • Agreed by Lok Sabha.

Governor

• Holds office during the pleasure of the President.
• Resignation addressed to the President.

Immunity from Criminal Proceedings

During Term

• President/Governor are immune from criminal proceedings even for personal acts.
• Cannot be arrested or imprisoned during tenure.

Civil Proceedings

• Civil proceedings can be initiated after giving 2 months’ notice regarding personal acts.

GOVERNOR

Important Constitutional Articles

• Article 154 – Executive Power
• Article 156 – Term of Governor
• Article 158 – Conditions of Governor’s Office
• Article 159 – Oath

Governor: Important Features

Historical / Constitutional Notes

• 7th Constitutional Amendment Act, 1956:
  • One Governor can be appointed for two or more states.
• 1979:
  • Office of Governor is not an employment under Central Government.
  • Governor is an independent constitutional office.

Appointment

• Based on Canadian Model.
• Governor should be an outsider.

Oath

• Administered by:
  • Chief Justice of High Court, or
  • Senior-most Judge of High Court.

Tenure

• 5 years.
• Subject to pleasure of the President.
• Removal not justiciable.

Resignation

• Addressed to the President.

Discharge of Functions of Governor (Article 160)

President may make provision for discharge of Governor’s functions in contingencies such as:

• Death
• Resignation
• Removal
• Absence

POWERS OF GOVERNOR

Executive Powers

• Appoints Advocate General.
• Appoints State Election Commissioner.
  • Determines remuneration.
  • Holds office during pleasure of Governor.
  • Removal grounds similar to High Court Judge.

Legislative Powers

Presiding Officer Vacancy

• If office of presiding officer in Legislative Assembly or Legislative Council becomes vacant:
  • Governor may appoint any member as presiding officer temporarily.

Ordinance

• Ordinance must be approved within 6 weeks from reassembly of legislature.

Financial Powers

• Causes Annual Financial Statement (State Budget) to be laid.
• Money Bill requires prior recommendation of Governor.
• No demand for grant can be made except on Governor’s recommendation.
• Constitutes State Finance Commission every 5 years.

Ordinance Making Power

• Not discretionary.
• Council of Ministers’ advice required for promulgation or withdrawal of ordinance.

Pardoning Power

• Governor can:
  • Pardon
  • Commute
  • Remit
  • Suspend sentence
• Cannot pardon death sentence.
• Not related to Court Martial cases.

DISCRETIONARY POWERS OF GOVERNOR

Constitutional Discretion

(a) Reservation of Bills

• Governor may reserve a bill for consideration of President.

(b) President’s Rule

• Recommends imposition of President’s Rule.

(c) Administrator of UT

• May exercise functions as Administrator of Union Territory.

(d) Seeking Information

• Can seek information from Chief Minister regarding:
  • Administrative matters
  • Legislative matters

(e) Sixth Schedule Areas

• Determines amount payable by Autonomous District Councils as royalty from mineral licenses.

Note

• Governor exercises discretionary power when not bound by advice of Council of Ministers.

STATE COUNCIL OF MINISTERS

Important Articles

• Article 163:
  • Council of Ministers to aid and advise Governor.
• Article 164:
  • Appointment
  • Tenure
  • Responsibility
  • Qualifications
  • Oath
  • Salaries & Allowances

Size of State Council of Ministers

91st Constitutional Amendment Act, 2003

• Total number of ministers:
  • Cannot exceed 15% of total strength of Legislative Assembly.
  • Minimum strength = 12 ministers.

Historical Note

• Bihar was initially excluded.

Supreme Court Observation (1971)

• Council of Ministers must continue to exist to advise Governor even after:
  • Dissolution of Legislative Assembly
  • Resignation of Council of Ministers

Rights of Ministers

• Minister can:
  • Speak in either House of State Legislature.
  • Participate in proceedings of other House.
• Can vote only in the House of which he/she is a member.

STATE LEGISLATURE: IMPORTANT POINTS

Budget Discussion

• Legislative Assembly – Role exists.
• Legislative Council – Role exists.

Vote on Demands

• Only Legislative Assembly participates.
• Legislative Council has no role.

Similar at Union Level

• Only Lok Sabha has role.
• Rajya Sabha has no role.

Removal of State Council of Ministers

• Through No-Confidence Motion.
• Only Legislative Assembly can remove Council of Ministers.
• Legislative Council can only:
  • Criticize
  • Discuss policies and activities

Election of President

• Elected members of Legislative Assembly participate.
• Legislative Council has no role.

BILLS & DISSOLUTION EFFECT

Effect of Dissolution on Bills

TRIBAL AREAS & SPECIAL PROVISIONS

Article 244

SCHEDULED AREAS & TRIBAL AREAS 

IMPORTANT DISTINCTION 

IMPORTANT NOTE 

• Fifth Schedule and Sixth Schedule are mutually exclusive in application.
• Sixth Schedule areas enjoy greater local self-governance and autonomy.

Article 244A

• Related to autonomous state within Assam.
• “State within state” concept.

SARKARIA COMMISSION

Recommendation on Hung Assembly

• Suggested order of preference for Governor while inviting parties to form government.

DISQUALIFICATION OF MEMBERS

Articles 191 & 102

• Deal with disqualification of MLAs/MPs.

Under Tenth Schedule

• Article 191(2):
  • Disqualification of MLA/MLC.
• Article 102(2):
  • Disqualification of MP.

Articles 192 & 103

State Legislature (Article 192)

• Governor decides disqualification issue.
• Must obtain opinion of Election Commission.
• Decision is final.

Parliament (Article 103)

• President decides disqualification issue.
• Must obtain opinion of Election Commission.
• Decision is final.

Article 190(4)

Absence from House

• Seat may become vacant if member absent for more than 60 days.
• Exception:
  • Period when House is prorogued.
  • Adjournment for more than 4 consecutive days.

CENTRAL COUNCIL OF MINISTERS

Article 74

• Council of Ministers to aid and advise President.

Article 74(2)

• Courts cannot inquire into advice given by Council of Ministers.

Article 75

Deals with:

• Appointment
• Tenure
• Responsibility
• Oath
• Salaries

Six-Month Rule

• Mentioned under Article 75(5).

Article 75(3)

• Collective Responsibility.

Article 75A / 91st Amendment Act, 2003

• Strength of Council of Ministers:
  • Maximum 15% of Lok Sabha strength.

Article 75(1B)

• Disqualified member cannot become minister.

Note

• Article 75 also contains Individual Responsibility.

IMPORTANT CONSTITUTIONAL AMENDMENTS

42nd Amendment Act, 1976

• President bound by advice of Council of Ministers.

44th Amendment Act, 1978

• President may ask for reconsideration.
• After reconsideration, President must accept advice.

Cabinet introduced by 44th Amendment.

ARTICLES RELATED TO UNION EXECUTIVE

Article 77

• Conduct of Business.

Article 78

• Duties of Prime Minister.

Article 88

• Rights of Ministers and Attorney General in Parliament.

Rights under Article 88

• Minister may:
  • Speak
  • Participate in proceedings of either House
  • Participate in Joint Sitting
  • Participate in Parliamentary Committees
• Cannot vote if not member of that House.

COUNCIL OF MINISTERS & CABINET

Types of Ministers

• Cabinet Ministers
• Ministers of State
• Deputy Ministers

Cabinet

• Nucleus of Council of Ministers.
• “Inner Manager”.

Comments on Cabinet

Ramsay Muir

• Cabinet is the steering wheel of the ship of the state.

Barker

• Cabinet is magnet of policy.

Sir Ivor Jennings

• Cabinet is the core of British Constitutional System.
• Provides unity to British system of government.

UNION EXECUTIVE vs STATE EXECUTIVE

Important Note

• In 1971, Supreme Court held:
  • Dissolution of Lok Sabha does not dissolve Council of Ministers.

NO-CONFIDENCE MOTION

• If Lok Sabha passes No-Confidence Motion:
  • Entire Council of Ministers resigns.
  • Includes ministers from Rajya Sabha.

SUPREME COURT

Advisory Jurisdiction (Article 143)

• President may seek opinion of Supreme Court.

Example

• Berubari Union Case.
• Related to transfer of Berubari to Pakistan through 9th Amendment.

Court of Record

• Supreme Court is Court of Record.
• Decisions are binding precedent for lower courts.

Procedure Established by Law vs Due Process of Law

• India follows:
  • Procedure Established by Law.
• USA follows:
  • Due Process of Law.

APPELLATE JURISDICTION OF SUPREME COURT

Articles

• Article 132 – Constitutional Appeals
• Article 133 – Civil Appeals
• Article 134 – Criminal Appeals
• Article 136 – Special Leave Petition (SLP)

Special Leave Petition (SLP)

• Discretionary power of Supreme Court.
• Appeal against judgments of:
  • Lower Courts
  • Tribunals

Exception

• No SLP against Military Courts / Court Martial.

WRITS & JURISDICTION

Prohibition

• Issued by higher court to lower court/tribunal.
• Prevents exceeding jurisdiction.

Certiorari

• Issued after decision.
• Quashes order of lower court/tribunal.

Quo Warranto

• Issued against person holding public office illegally.

REVIEW & BINDING NATURE

Article 137

• Supreme Court Review Power.

Article 141

• Law declared by Supreme Court is binding on all courts.

Article 129

• Supreme Court is Court of Record.

HIGH COURT JUDGE APPOINTMENT

• Appointment based on Collegium recommendation:
  • CJI
  • Two senior-most judges of Supreme Court.

MONEY BILL

Introduction

• A Money Bill can be introduced only by a minister.

State Legislature (SL)

• Same provision applies in the State Legislature.

LEGISLATIVE ASSEMBLY (LA) VS LEGISLATIVE COUNCIL (LC)

Supremacy of Legislative Assembly

• The Legislative Assembly has greater powers than the Legislative Council.
• Final decision regarding passing of an Ordinary Bill lies with the Assembly.

Delay Power of Legislative Council

• LC can delay an Ordinary Bill:
  • First time → 3 months
  • Second time → 1 month

Nature of Legislative Council

• LC acts like a:
  • Dilatory Chamber
  • Advisory Body

Financial Powers

• Legislative Council:
  • Cannot vote on demands for grants
  • Can only discuss the budget

Council of Ministers

• Council of Ministers is collectively responsible to the Legislative Assembly, not the Legislative Council.

Constitutional Amendment Bill

• Ratification role belongs to the Legislative Assembly, not the Legislative Council.

RAJYA SABHA (RS) VS LEGISLATIVE COUNCIL (LC)

Rajya Sabha

• Has:
  • Federal character
  • Not merely a dilatory chamber

Legislative Council

• Not federal in character

Important Note

• Rajya Sabha has equal powers with Lok Sabha in all spheres except:
  • Financial matters
  • Control over the government
• Legislative Council is subordinate to the Legislative Assembly in all aspects.

INDIVIDUAL PRIVILEGES OF MEMBERS

Protection from Arrest

• Members of:
  • Lok Sabha
  • Rajya Sabha
  • State Legislative Assembly
  • Legislative Council
  enjoy protection from arrest in civil cases only:
  • 40 days before the session
  • During the session
  • 40 days after the session

ANTI-DEFECTION & MINISTERIAL DISQUALIFICATION

91st Constitutional Amendment Act, 2003

• A member of either House who is:
  • Disqualified on the ground of defection
  shall also be:
  • Disqualified from being appointed as a minister

SPEAKER RESIGNATION

• Speaker submits resignation to:
  • Deputy Speaker
  • Not to the Governor

INDIAN CONSTITUTIONAL IDEALS

India as:

• Sovereign
• Democratic
• Republic

Secularism

• Freedom of conscience and religion
• Rule of Law

CONCURRENT LIST – IMPORTANT SUBJECTS

1. Criminal Law
2. Civil Procedure
3. Marriage and Divorce
4. Contempt of Court
5. Protection of Wild Animals and Birds
6. Population Control and Family Planning
7. Trade Unions
8. Industrial and Labour Disputes
9. Education
10. Forests
11. Electricity
12. Price Control
13. Newspapers, Books and Printing Press
14. Weights and Measures

BASIC FEATURES OF THE CONSTITUTION

1. Judicial Review
2. Freedom and dignity of the individual
3. Parliamentary System
4. Rule of Law
5. Supremacy of the Constitution
6. Sovereign, Democratic and Republican nature of Indian polity
7. Secular character of the Constitution
8. Harmony and balance between Fundamental Rights and DPSP
9. Separation of powers between:
   • Legislature
   • Executive
   • Judiciary
10. Federal character
11. Welfare State
12. Unity and Integrity of the Nation
13. Free and Fair Elections
14. Independence of Judiciary

EWS Reservation

• 103rd Constitutional Amendment Act, 2019
  • Related to EWS reservation

DPSP (DIRECTIVE PRINCIPLES OF STATE POLICY)

Equal Pay for Equal Work

• Mentioned under:
  • Article 39(d)

Nature

• DPSP are:
  • Non-justiciable
  • Not Fundamental Rights

Aim

• Social and Economic Democracy

Protection of Monuments

• Article 49

LEGISLATURE AND EXECUTIVE

• Legislature → Makes laws
• Executive → Implements laws

FEDERAL FEATURES OF INDIAN CONSTITUTION

1. Dual Polity
2. Division of Powers
3. Supremacy of Constitution
4. Rigid Constitution
5. Independent Judiciary
6. Bicameralism

PARLIAMENTARY GOVERNMENT

Advice of Council of Ministers

• Advice given by the Council of Ministers to the President is:
  • Binding

Dissolution of Lok Sabha

• Lok Sabha can be dissolved:
  • On the advice of the Prime Minister

PARLIAMENTARY VS PRESIDENTIAL SYSTEM

Main Difference

• Relation between:
  • Legislature
  • Executive

QUASI-FEDERAL SYSTEM

Meaning

• A system of government where the distribution of powers between Centre and States is:
  • Asymmetrical

UNITARY FEATURES OF INDIAN CONSTITUTION

1. Strong Centre
2. Single Constitution
3. Flexibility of Constitution
4. Emergency Provisions
5. Single Citizenship
6. All India Services

BALWANT RAI MEHTA COMMITTEE

Recommendations

• Village Panchayat → Direct Election
• Panchayat Samiti → Indirect Election

IMPORTANT COMMITTEES & COMMISSIONS

Katakey Panel

• Related to:
  • Meghalaya rat-hole mining

Deepak Verma Committee

• Related to:
  • Animal rescue
  • Animal welfare

Pesticide Committees

1. Anupam Verma Committee
2. S.K. Malhotra Committee
3. S.K. Khurana Committee

Macaulay Committee

• Followed by:
  • IPC 1860
  • First Law Commission (1834)

H.N. Sanyal Committee (1971)

• Related to:
  • Contempt of Court
  • Civil and Criminal contempt

Justice Verma Committee (2013)

• Formed after:
  • Nirbhaya Case (2012)

Recommendations/Associated Points

• Introduction of Zero FIR
• Fast Track Justice

Thakkar Commission

• Investigated assassination of:
  • Indira Gandhi

CENTRE–STATE RELATIONS COMMISSIONS

Rajamannar Committee (1969)

• From Tamil Nadu
• Recommended:
  • Strengthening State powers
  • Abolition of IAS/IPS cadres

Sarkaria Commission (1983)

• Focused on:
  • Centre-State balance
  • Cooperative federalism
  • Role of Governor

Punchhi Commission (2007)

• Emphasised:
  • Cooperative federalism

Recommendations

• Emergency should not be imposed merely on:
  • Internal disturbance
• Governor should not be:
  • Chancellor of universities
• Fixed tenure for Governor

JUSTICE V. CHELLIAH COMMISSION (2002)

Main Point

• Article 356 should be used:
  • Only as a remedy of the last resort

Related Articles

Article 256

• States should comply with Union laws and directions.

Article 257

• States should not impede Union executive power.

Article 355

• Duty of Centre to protect States against:
  • External aggression
  • Internal disturbance

M.N. VENKATACHALIAH COMMISSION / NCRWC (2000)

Full Form

• National Commission to Review the Working of the Constitution

Formed During

• Prime Minister Atal Bihari Vajpayee government

Chairman

• Former CJI M.N. Venkatachaliah

Examined Issues Related To

• Judicial reforms
• Electoral reforms

Recommendations

1. Limiting size of Council of Ministers
2. Strengthening Anti-Defection provisions
3. Creation of National Judicial Commission
4. Safeguards against misuse of Article 356
5. Cooperative Federalism

FAZL ALI COMMISSION / STATE REORGANISATION COMMISSION (1953)

Members

• Fazl Ali
• K.M. Panikkar
• H.N. Kunzru

Main Recommendations

• Accepted:
  • Linguistic and cultural homogeneity as an important factor
• Emphasised:
  • Financial
  • Economic
  • Administrative viability

STATES REORGANISATION ACT, 1956

Passed

• 1 November 1956

Features

• Largely based on Fazl Ali Commission recommendations
• Abolished old classification of:
  • Part A
  • Part B
  • Part C
  • Part D States
• Reorganised:
  • 14 States
  • 6 Union Territories

DHAR COMMISSION (1948)

Purpose

• To examine the question of reorganisation of provinces

View

• Did not support linguistic reorganisation

JVP COMMITTEE (1949)

Members

• Jawaharlal Nehru
• Vallabhbhai Patel
• Pattabhi Sitaramayya

View

• Agreed with Dhar Commission
• Opposed immediate linguistic reorganisation

FORMATION OF ANDHRA STATE

• Mentioned as related topic.

CENSURE MOTION VS NO-CONFIDENCE MOTION

SECOND SCHEDULE

Includes Salaries/Allowances of:

1. President
2. Governors
3. Speaker and Deputy Speaker
4. Chairman and Deputy Chairman
5. Judges of Supreme Court
6. Judges of High Court
7. CAG

Not Applicable To

• Attorney General
• Ministers
• MPs
• MLAs
• MLCs

THIRD SCHEDULE

Related To Oaths

Includes Oath of:

1. Union and State Ministers
2. MPs and MLAs
3. Judges of Supreme Court and High Courts
4. CAG

Important Note

• Oaths of:
  • President
  • Vice-President
  • Governors
  are not covered under Third Schedule.

Related Articles

• President → Article 60
• Vice-President → Article 69
• Governor → Article 159

EFFECT OF DISSOLUTION ON BILLS

Joint Sitting

• Mentioned as related concept with pending bills between Lok Sabha and Rajya Sabha.

STATE LEGISLATURE

Bicameral States

States having Legislative Council (LC):

• B – Bihar
• U – Uttar Pradesh
• M – Maharashtra
• K – Karnataka
• A – Andhra Pradesh
• T – Telangana

Important Notes

• J&K Legislative Council abolished after Reorganisation Act, 2019.
• AP Legislative Council revived through AP LC Act, 2005 (effective from 2007).
• Madhya Pradesh LC abolished after 7th Constitutional Amendment, 1956.
• Punjab LC and West Bengal LC abolished in 1969.
• Tamil Nadu LC abolished in 1986.
• Tamil Nadu passed revival resolutions in:
  • 2010
  • 2011

Andhra Pradesh LC Timeline

• 1957 – Created
• 1985 – Abolished
• 2007 – Revived again (through AP LC Act, 2005)

STRENGTH OF LEGISLATIVE ASSEMBLY (LSA)

• Minimum seats: 60
• Maximum seats: 500

Exceptions

• Nagaland → minimum 46
• Mizoram → minimum 40
• Arunachal Pradesh, Sikkim & Goa → minimum 30

STRENGTH OF LEGISLATIVE COUNCIL (LC)

• Maximum strength of LC:
  • Cannot exceed 1/3rd of strength of Assembly
• Minimum strength:
  • 40 members

COMPOSITION OF LEGISLATIVE COUNCIL

1/3rd

• Elected by members of local bodies.

1/3rd

• Elected by members of Legislative Assembly.
• Persons elected should not be Assembly members.

1/6th

• Nominated by Governor.

1/12th

• Graduates constituency.

1/12th

• Teachers constituency.
• Teachers of Higher Secondary Schools with minimum 3 years service in the State.

Summary

• 5/6th → Indirectly elected
• 1/6th → Governor nominated

SESSION OF STATE LEGISLATURE

• Maximum gap between two sessions:
  • 6 months
• Legislature should meet at least:
  • Twice a year

ADJOURNMENT & PROROGATION

Adjournment

• Can be for:
  • Hours
  • Days
  • Weeks
• Done by:
  • Speaker / Presiding Officer

Prorogation

• Done by:
  • Governor
• Terminates the session of the House.

QUORUM

Minimum quorum:

• 10 members OR 1/10th of total members of the House
• Whichever is greater.
• Includes Presiding Officer.

REMOVAL OF SPEAKER / CHAIRMAN

• Removal resolution requires:
  • Special majority
• Minimum notice:
  • 14 days

Applicable for:

• Deputy Speaker
• Speaker
• Vice-Chairman
• Chairman

POWERS OF SPEAKER

1. Decides whether a bill is a Money Bill or not.
2. Decides questions of disqualification of Assembly members under:
   • 10th Schedule (Anti-Defection Law)
3. Appoints chairmen of Assembly committees.
4. Chairman of:
   • Business Advisory Committee
   • Rules Committee
   • General Purpose Committee

Note

• Deputy Chairman of Council nominates from members:
  • Panel of Vice-Chairman.

LANGUAGE OF STATE LEGISLATURE

• As per Constitution:
  • Hindi / English
• Presiding Officer can allow use of:
  • Mother tongue

Note

State legislature may decide whether to continue or discontinue English as floor language after completion of 15 years.

• Official Languages Act, 1963 continued English.

Special Provision

For:

• Himachal Pradesh
• Manipur
• Meghalaya
• Tripura

English allowed for:

• 20 years

ORDINARY BILL

• Can be introduced by:
  • Minister or Private Member

Applicable in:

• Parliament
• State Legislature

DEADLOCK PERIOD FOR ORDINARY BILL

Parliament

• Maximum delay:
  • 6 months
• Then:
  • Joint sitting possible

Notes

• Lok Sabha cannot directly override Rajya Sabha.
• If joint sitting is not summoned by President:
  • Bill becomes dead.

State Legislature

First time delay by LC

• Maximum:
  • 3 months

Second time delay

• Maximum:
  • 1 month

Important Features

• No joint sitting between:
  • LSA and LC
• Legislative Assembly supremacy.
• LSA can override LC by passing bill second time.
• LC cannot override Assembly.

JOINT SITTING

State Legislature

• Not applicable for:
  • LSA + LC

Parliament

• Applicable for:
  • Lok Sabha + Rajya Sabha

MONEY BILL

Introduction

• Introduced only by:
  • Minister

Applicable in:

• Parliament
• State Legislature

State Legislature Procedure

• Requires prior recommendation of Governor.

Process

Money Bill:

• Introduced in LSA
• Sent to LC

LC:

• Cannot reject
• Cannot amend
• Can only recommend changes

LC must return bill within:

• 14 days

Assembly may:

• Accept or reject recommendations.

Governor

• Cannot return Money Bill for reconsideration.

POWERS OF LEGISLATIVE COUNCIL

• LC acts like:
  • Dilatory chamber
  • Advisory body

Financial Powers

• Cannot vote on demands for grants.
• Can only discuss budget.

Council of Ministers

• Collective responsibility of Council of Ministers:
  • Towards LSA
  • Not LC

Constitutional Amendment Ratification

• Done by:
  • Legislative Assembly
• Not Legislative Council

LAPSING OF BILLS ON DISSOLUTION OF ASSEMBLY

Important concept related to:

• Legislative Assembly
• Legislative Council
• Pending Bills

(As shown in notes diagram)

GOVERNOR’S VETO

• Governor enjoys:
  • Suspensive veto only.

If Governor reserves bill for President

President may:

• Assent
• Withhold
• Return bill

If House reconsiders and sends again within 6 months:

• President’s assent becomes obligatory
  • (Mentioned in notes as constitutional understanding)

LEGISLATIVE COUNCIL VS RAJYA SABHA

Rajya Sabha

• Federal chamber
• Not merely dilatory
• Has equal powers with Lok Sabha in all spheres except:
  • Financial matters
  • Control over Government

Legislative Council

• Not federal in nature.
• Subordinate to Legislative Assembly in all aspects.

INDIVIDUAL PRIVILEGES OF MEMBERS

Members of:

• Legislative Assembly
• Legislative Council

Enjoy protection from arrest in:

• Civil cases only

Protection available:

• 40 days before session
• During session
• 40 days after session

ANTI-DEFECTION & MINISTERSHIP

(91st Constitutional Amendment Act, 2003)

• A member disqualified on ground of defection:
  • Cannot be appointed as Minister.

SPEAKER RESIGNATION

• Speaker resigns to:
  • Deputy Speaker
• Not Governor

CONCURRENT LIST – IMPORTANT SUBJECTS

1. Criminal Law
2. Civil Procedure
3. Marriage & Divorce
4. Contempt of Court
5. Protection of Wild Animals & Birds
6. Population Control & Family Planning
7. Trade Unions
8. Industrial & Labour Disputes
9. Education
10. Forests
11. Electricity
12. Price Control
13. Newspapers, Books & Printing Press
14. Weights & Measures

INDIAN CONSTITUTIONAL IDEALS

• India as:
  • Sovereign
  • Democratic
  • Republic
• Secularism
• Freedom of conscience and religion
• Rule of Law

SUPREME COURT (Articles 124–147)

Strength of Supreme Court Judges

• 1950 – 8 Judges
• 1956 – 11 Judges
• 1960 – 14 Judges
• 1977 – 18 Judges
• 1986 – 26 Judges
• 2008 – 31 Judges
• 2019 – 34 Judges (33 + CJI)

Oath of CJI / SC Judges

• Oath administered by:
  • President
  • Or a person appointed by the President

Salary

• Determined by Parliament
• Paid from:
  • Consolidated Fund of India (CFI)

Retired Judge

• A retired judge can be called for hearing of a case and for giving judgment.

ACTING CHIEF JUSTICE & AD HOC JUDGE

Acting Chief Justice (Article 126)

• Appointed in absence/vacancy of CJI
• Senior-most SC judge becomes Acting CJI
• Appointed by President
• Administrative head
• Temporary CJI

Ad Hoc Judge (Article 127)

• Appointed when there is lack of quorum/judges
• HC Judge can sit in Supreme Court temporarily
• Appointed by CJI
• Only judicial work
• Temporary additional judge

ORIGINAL JURISDICTION OF SUPREME COURT

Original Jurisdiction

• Case goes directly to Supreme Court

Exclusive Jurisdiction

• No other court can decide such matters

Where Original Jurisdiction Cannot be Applied

1. Pre-Constitution treaties
2. Inter-State water disputes
3. Finance Commission matters
4. Commercial disputes
   • Business
   • Contract
   • Trade
   • Supply
   • Payment
5. Recovery of damages by State against Centre

JUDGES CASES & COLLEGIUM SYSTEM

First Judges Case (1982)

• Consultation ≠ Concurrence
• Government decision dominated

Second Judges Case (1993)

• Advice of Chief Justice given priority
• Collegium System started

Third Judges Case (1998)

• Collegium:
  • CJI + 4 Senior Most Judges

Fourth Judges Case (2014–15)

• NJAC Act & Constitutional Amendment
• Later abolished
• Collegium system restored again

IMPEACHMENT OF JUDGE

First Judge Impeachment Case (Failed)

• Justice V. Ramaswami (1991–93)
• Motion could not be passed

BERUBARI UNION CASE (1960)

• Related to India–Pakistan boundary issue
• Berubari in West Bengal
• Both countries claimed it

Nehru–Noon Agreement (1958)

• President sought Supreme Court opinion under:
  • Article 143
  • Advisory Jurisdiction

ADVISORY JURISDICTION

Article 143

• President can seek opinion of Supreme Court

ANTI-DEFECTION & JUDICIAL REVIEW

Kihoto Hollohan vs Zachillhu (1992)

• Anti-Defection Law held valid
• Speaker’s decision subject to Judicial Review

RPA ACT, 1951 & LILY THOMAS CASE

Section 8(4), RPA Act 1951

• Convicted MP/MLA earlier got time to appeal in higher court
• Membership continued during that period

Lily Thomas vs Union of India (2013)

• Section 8(4) declared unconstitutional
• Separate treatment for ordinary citizens and legislators not allowed
• Now:
  • Conviction + minimum 2 years sentence → membership ends immediately

ATTORNEY GENERAL & CEC

Qualifications

• Qualification of Attorney General:
  • Same as Judge of Supreme Court

Removal

• Removal process similar to CEC reference mentioned

INTERIM GOVERNMENT

Governor-General

• Till February 1947:
  • Wavell
• Afterwards:
  • Lord Mountbatten

CONSTITUENT ASSEMBLY

• Cabinet Mission setup:
  • 1946
• First meeting:
  • 9 December 1946
• Objective Resolution adopted:
  • 22 January 1947

NATIONAL SYMBOLS

• National Anthem adopted:
  • 24 January 1950
• Jana Gana Mana:
  • 24 January 1950

PARLIAMENTARY COMMITTEES

Types

1. Standing Committees
2. Ad Hoc Committees

STANDING COMMITTEES

Financial Committees

Departmentally Related Standing Committees

Committees to Inquire

IPPE

1. Petitions Committee
2. Privileges Committee
3. Ethics Committee

Committees to Scrutinise & Control

1. Committee on Government Assurances
2. Committee on Subordinate Legislation
3. Committee on Papers Laid on the Table
4. Welfare Committee for SC & ST
5. Committee on Empowerment of Women
6. Joint Committee on Offices of Profit

Day-to-Day Business Committees

1. Advisory Committee
2. Private Members’ Bills & Resolutions Committee
3. Rules Committee
4. Committee on Absence of Members from Sitting of House

HOUSE KEEPING / SERVICE COMMITTEES

1. General Purpose Committee
2. House Committee
3. Library Committee
4. Joint Committee on Salaries & Allowances

CENTRAL VIGILANCE COMMISSION (CVC)

• Statutory body
• 1998 resolution
• CVC Act, 2003
• Multi-member body:
  • 1 + 2

CENTRAL INFORMATION COMMISSION (CIC)

• CIC Act, 2002
• Structure:
  • 1 + 10

FUNDAMENTAL RIGHTS

Article 13

• Laws inconsistent with Fundamental Rights become void
• Doctrine of Eclipse / Doctrine related to void laws noted

Article 33

• Parliament can restrict or modify Fundamental Rights of:
  • Armed Forces
  • Intelligence Agencies
  • Forces maintaining public order
  • Telecommunication systems

Article 34

• Restriction during Martial Law

Article 35

Only Parliament can legislate regarding:

• Article 16(3)
• Article 32(3)
• Articles 33 & 34
• Punishment for offences under Part III

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

Article 38

• Social order through:
  • Social Justice
  • Economic Justice
  • Political Justice

Article 39

Principles of Economic Justice

(a) Right to livelihood(b) Distribution of resources(c) Prevention of concentration of wealth(d) Equal pay for equal work(e) Protection of workers & children(f) Child development

Article 39(d)

• Equal pay for equal work

Article 42

• Maternity relief

Article 43

• Living wage for workers
• Decent standard of life
• Social & cultural opportunities
• Promotion of cottage industries in rural areas

Article 43B

• Promotion of Cooperative Societies
• 97th Constitutional Amendment, 2011

Article 47

• Raise level of nutrition
• Improve public health
• Improve standard of living
• Prohibition of intoxicating drinks & harmful drugs

Article 48A

• Protect and improve environment
• Safeguard forests and wildlife

FUNDAMENTAL DUTIES (Article 51A)

Relevant duties mentioned:

1. Respect national ideals
2. Respect freedom struggle
3. Protect sovereignty, unity & integrity
4. Preserve rich heritage/culture
5. Protect natural environment
6. Safeguard public property

CONCURRENT LIST

Entries Mentioned

1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals & Birds
5. Administration of Justice

PRESIDENT

Articles

• Article 52 – Office of President
• Article 54 – Electoral College

Article 55 – Manner of Election

(a) Uniformity in representation among states(b) Parity between States & Union

Term

• Articles 56 & 57

Article 61(2)

• Impeachment notice:
  • Must be signed by at least 1/4th of total members
  • 14 days notice required before moving resolution

Article 72 – Pardoning Power

Can grant pardon:

(a) Court martial cases(b) Against Union laws(c) Death sentence cases

Types of Pardoning Powers

Commutation

• Punishment changed to lighter form

Remission

• Nature of punishment same
• Duration reduced

Respite

• Lesser sentence in special cases
• Example:
  • Pregnancy
  • Old age

Reprieve

• Temporary stay on execution of sentence

VICE PRESIDENT

Article 63

• Office of Vice President

Article 64

• Ex-officio Chairman of Rajya Sabha

OATH

• Articles 60 & 69

GOVERNOR

Articles 153–162

Article 153

• Governor for each state
• One Governor can be appointed for two or more states

Article 154

• Executive power of State vested in Governor

Article 155

• Appointment of Governor

Article 156

• Term of Governor

Article 157

• Qualifications

Article 158

• Conditions of office

Article 159

• Oath & affirmation

Article 160

• Discharge of functions of Governor

Article 161

• Power of pardon

Article 162

• Extent of executive power of State

CONDUCT OF BUSINESS

Union

• Article 77
• Article 78

State

• Article 166
• Article 167

EXECUTIVE POWER

Union

• Article 53

State

• Article 154

EMERGENCY ACTION

• Article 200 – Governor’s action
• Article 201 – President’s action

PRESIDENTS & VICE PRESIDENTS

Presidents

3. Zakir Hussain (1967–69)

• V.V. Giri (Acting)
• M. Hidayatullah (Acting)

4. V.V. Giri (1969–74)
5. Fakhruddin Ali Ahmed (1974–77)

• B.D. Jatti (Acting)

6. Neelam Sanjiva Reddy (1977–82)
7. Zail Singh (1982–87)
8. R. Venkataraman (1987–92)

Vice Presidents

4. Gopal Swarup Pathak (1969–74)
5. B.D. Jatti
6. M. Hidayatullah
7. R. Venkataraman (1987–92)
8. Krishan Kant (1997–2002)
9. S. Radhakrishnan

VICE PRESIDENTS WHO BECAME PRESIDENT

1. S. Radhakrishnan
2. Zakir Hussain
3. V.V. Giri
4. M. Hidayatullah
5. R. Venkataraman
6. Shankar Dayal Sharma
7. K.R. Narayanan

UNION EXECUTIVE

President, Vice-President & Governor

Removal Process of President, Vice-President & Governor

President

• Impeachment by Parliament.
• Participation:
  • Elected + Nominated members of Parliament participate.
  • Nominated members of Lok Sabha and Rajya Sabha can participate in impeachment.

Vice-President

• Removal Resolution:
  • Passed by Rajya Sabha.
  • Agreed by Lok Sabha.

Governor

• Holds office during the pleasure of the President.
• Resignation addressed to the President.

Immunity from Criminal Proceedings

During Term

• President/Governor are immune from criminal proceedings even for personal acts.
• Cannot be arrested or imprisoned during tenure.

Civil Proceedings

• Civil proceedings can be initiated after giving 2 months’ notice regarding personal acts.

GOVERNOR

Important Constitutional Articles

• Article 154 – Executive Power
• Article 156 – Term of Governor
• Article 158 – Conditions of Governor’s Office
• Article 159 – Oath

Governor: Important Features

Historical / Constitutional Notes

• 7th Constitutional Amendment Act, 1956:
  • One Governor can be appointed for two or more states.
• 1979:
  • Office of Governor is not an employment under Central Government.
  • Governor is an independent constitutional office.

Appointment

• Based on Canadian Model.
• Governor should be an outsider.

Oath

• Administered by:
  • Chief Justice of High Court, or
  • Senior-most Judge of High Court.

Tenure

• 5 years.
• Subject to pleasure of the President.
• Removal not justiciable.

Resignation

• Addressed to the President.

Discharge of Functions of Governor (Article 160)

President may make provision for discharge of Governor’s functions in contingencies such as:

• Death
• Resignation
• Removal
• Absence

POWERS OF GOVERNOR

Executive Powers

• Appoints Advocate General.
• Appoints State Election Commissioner.
  • Determines remuneration.
  • Holds office during pleasure of Governor.
  • Removal grounds similar to High Court Judge.

Legislative Powers

Presiding Officer Vacancy

• If office of presiding officer in Legislative Assembly or Legislative Council becomes vacant:
  • Governor may appoint any member as presiding officer temporarily.

Ordinance

• Ordinance must be approved within 6 weeks from reassembly of legislature.

Financial Powers

• Causes Annual Financial Statement (State Budget) to be laid.
• Money Bill requires prior recommendation of Governor.
• No demand for grant can be made except on Governor’s recommendation.
• Constitutes State Finance Commission every 5 years.

Ordinance Making Power

• Not discretionary.
• Council of Ministers’ advice required for promulgation or withdrawal of ordinance.

Pardoning Power

• Governor can:
  • Pardon
  • Commute
  • Remit
  • Suspend sentence
• Cannot pardon death sentence.
• Not related to Court Martial cases.

DISCRETIONARY POWERS OF GOVERNOR

Constitutional Discretion

(a) Reservation of Bills

• Governor may reserve a bill for consideration of President.

(b) President’s Rule

• Recommends imposition of President’s Rule.

(c) Administrator of UT

• May exercise functions as Administrator of Union Territory.

(d) Seeking Information

• Can seek information from Chief Minister regarding:
  • Administrative matters
  • Legislative matters

(e) Sixth Schedule Areas

• Determines amount payable by Autonomous District Councils as royalty from mineral licenses.

Note

• Governor exercises discretionary power when not bound by advice of Council of Ministers.

STATE COUNCIL OF MINISTERS

Important Articles

• Article 163:
  • Council of Ministers to aid and advise Governor.
• Article 164:
  • Appointment
  • Tenure
  • Responsibility
  • Qualifications
  • Oath
  • Salaries & Allowances

Size of State Council of Ministers

91st Constitutional Amendment Act, 2003

• Total number of ministers:
  • Cannot exceed 15% of total strength of Legislative Assembly.
  • Minimum strength = 12 ministers.

Historical Note

• Bihar was initially excluded.

Supreme Court Observation (1971)

• Council of Ministers must continue to exist to advise Governor even after:
  • Dissolution of Legislative Assembly
  • Resignation of Council of Ministers

Rights of Ministers

• Minister can:
  • Speak in either House of State Legislature.
  • Participate in proceedings of other House.
• Can vote only in the House of which he/she is a member.

STATE LEGISLATURE: IMPORTANT POINTS

Budget Discussion

• Legislative Assembly – Role exists.
• Legislative Council – Role exists.

Vote on Demands

• Only Legislative Assembly participates.
• Legislative Council has no role.

Similar at Union Level

• Only Lok Sabha has role.
• Rajya Sabha has no role.

Removal of State Council of Ministers

• Through No-Confidence Motion.
• Only Legislative Assembly can remove Council of Ministers.
• Legislative Council can only:
  • Criticize
  • Discuss policies and activities

Election of President

• Elected members of Legislative Assembly participate.
• Legislative Council has no role.

BILLS & DISSOLUTION EFFECT

Effect of Dissolution on Bills

TRIBAL AREAS & SPECIAL PROVISIONS

Article 244

• Deals with administration of Scheduled Areas and Tribal Areas.

Fifth Schedule

• Applies to Scheduled Areas except:
  • Assam
  • Meghalaya

Sixth Schedule

• Applies to:
  • Assam
  • Meghalaya

Article 244A

• Related to autonomous state within Assam.
• “State within state” concept.

SARKARIA COMMISSION

Recommendation on Hung Assembly

• Suggested order of preference for Governor while inviting parties to form government.

DISQUALIFICATION OF MEMBERS

Articles 191 & 102

• Deal with disqualification of MLAs/MPs.

Under Tenth Schedule

• Article 191(2):
  • Disqualification of MLA/MLC.
• Article 102(2):
  • Disqualification of MP.

Articles 192 & 103

State Legislature (Article 192)

• Governor decides disqualification issue.
• Must obtain opinion of Election Commission.
• Decision is final.

Parliament (Article 103)

• President decides disqualification issue.
• Must obtain opinion of Election Commission.
• Decision is final.

Article 190(4)

Absence from House

• Seat may become vacant if member absent for more than 60 days.
• Exception:
  • Period when House is prorogued.
  • Adjournment for more than 4 consecutive days.

CENTRAL COUNCIL OF MINISTERS

Article 74

• Council of Ministers to aid and advise President.

Article 74(2)

• Courts cannot inquire into advice given by Council of Ministers.

Article 75

Deals with:

• Appointment
• Tenure
• Responsibility
• Oath
• Salaries

Six-Month Rule

• Mentioned under Article 75(5).

Article 75(3)

• Collective Responsibility.

Article 75A / 91st Amendment Act, 2003

• Strength of Council of Ministers:
  • Maximum 15% of Lok Sabha strength.

Article 75(1B)

• Disqualified member cannot become minister.

Note

• Article 75 also contains Individual Responsibility.

IMPORTANT CONSTITUTIONAL AMENDMENTS

42nd Amendment Act, 1976

• President bound by advice of Council of Ministers.

44th Amendment Act, 1978

• President may ask for reconsideration.
• After reconsideration, President must accept advice.

Cabinet introduced by 44th Amendment.

ARTICLES RELATED TO UNION EXECUTIVE

Article 77

• Conduct of Business.

Article 78

• Duties of Prime Minister.

Article 88

• Rights of Ministers and Attorney General in Parliament.

Rights under Article 88

• Minister may:
  • Speak
  • Participate in proceedings of either House
  • Participate in Joint Sitting
  • Participate in Parliamentary Committees
• Cannot vote if not member of that House.

COUNCIL OF MINISTERS & CABINET

Types of Ministers

• Cabinet Ministers
• Ministers of State
• Deputy Ministers

Cabinet

• Nucleus of Council of Ministers.
• “Inner Manager”.

Comments on Cabinet

Ramsay Muir

• Cabinet is the steering wheel of the ship of the state.

Barker

• Cabinet is magnet of policy.

Sir Ivor Jennings

• Cabinet is the core of British Constitutional System.
• Provides unity to British system of government.

UNION EXECUTIVE vs STATE EXECUTIVE

Important Note

• In 1971, Supreme Court held:
  • Dissolution of Lok Sabha does not dissolve Council of Ministers.

NO-CONFIDENCE MOTION

• If Lok Sabha passes No-Confidence Motion:
  • Entire Council of Ministers resigns.
  • Includes ministers from Rajya Sabha.

SUPREME COURT

Advisory Jurisdiction (Article 143)

• President may seek opinion of Supreme Court.

Example

• Berubari Union Case.
• Related to transfer of Berubari to Pakistan through 9th Amendment.

Court of Record

• Supreme Court is Court of Record.
• Decisions are binding precedent for lower courts.

Procedure Established by Law vs Due Process of Law

• India follows:
  • Procedure Established by Law.
• USA follows:
  • Due Process of Law.

APPELLATE JURISDICTION OF SUPREME COURT

Articles

• Article 132 – Constitutional Appeals
• Article 133 – Civil Appeals
• Article 134 – Criminal Appeals
• Article 136 – Special Leave Petition (SLP)

Special Leave Petition (SLP)

• Discretionary power of Supreme Court.
• Appeal against judgments of:
  • Lower Courts
  • Tribunals

Exception

• No SLP against Military Courts / Court Martial.

WRITS & JURISDICTION

Prohibition

• Issued by higher court to lower court/tribunal.
• Prevents exceeding jurisdiction.

Certiorari

• Issued after decision.
• Quashes order of lower court/tribunal.

Quo Warranto

• Issued against person holding public office illegally.

REVIEW & BINDING NATURE

Article 137

• Supreme Court Review Power.

Article 141

• Law declared by Supreme Court is binding on all courts.

Article 129

• Supreme Court is Court of Record.

HIGH COURT JUDGE APPOINTMENT

• Appointment based on Collegium recommendation:
  • CJI
  • Two senior-most judges of Supreme Court.

MONEY BILL

Introduction

• A Money Bill can be introduced only by a minister.

State Legislature (SL)

• Same provision applies in the State Legislature.

LEGISLATIVE ASSEMBLY (LA) VS LEGISLATIVE COUNCIL (LC)

Supremacy of Legislative Assembly

• The Legislative Assembly has greater powers than the Legislative Council.
• Final decision regarding passing of an Ordinary Bill lies with the Assembly.

Delay Power of Legislative Council

• LC can delay an Ordinary Bill:
  • First time → 3 months
  • Second time → 1 month

Nature of Legislative Council

• LC acts like a:
  • Dilatory Chamber
  • Advisory Body

Financial Powers

• Legislative Council:
  • Cannot vote on demands for grants
  • Can only discuss the budget

Council of Ministers

• Council of Ministers is collectively responsible to the Legislative Assembly, not the Legislative Council.

Constitutional Amendment Bill

• Ratification role belongs to the Legislative Assembly, not the Legislative Council.

RAJYA SABHA (RS) VS LEGISLATIVE COUNCIL (LC)

Rajya Sabha

• Has:
  • Federal character
  • Not merely a dilatory chamber

Legislative Council

• Not federal in character

Important Note

• Rajya Sabha has equal powers with Lok Sabha in all spheres except:
  • Financial matters
  • Control over the government
• Legislative Council is subordinate to the Legislative Assembly in all aspects.

INDIVIDUAL PRIVILEGES OF MEMBERS

Protection from Arrest

• Members of:
  • Lok Sabha
  • Rajya Sabha
  • State Legislative Assembly
  • Legislative Council
  enjoy protection from arrest in civil cases only:
  • 40 days before the session
  • During the session
  • 40 days after the session

ANTI-DEFECTION & MINISTERIAL DISQUALIFICATION

91st Constitutional Amendment Act, 2003

• A member of either House who is:
  • Disqualified on the ground of defection
  shall also be:
  • Disqualified from being appointed as a minister

SPEAKER RESIGNATION

• Speaker submits resignation to:
  • Deputy Speaker
  • Not to the Governor

INDIAN CONSTITUTIONAL IDEALS

India as:

• Sovereign
• Democratic
• Republic

Secularism

• Freedom of conscience and religion
• Rule of Law

CONCURRENT LIST – IMPORTANT SUBJECTS

1. Criminal Law
2. Civil Procedure
3. Marriage and Divorce
4. Contempt of Court
5. Protection of Wild Animals and Birds
6. Population Control and Family Planning
7. Trade Unions
8. Industrial and Labour Disputes
9. Education
10. Forests
11. Electricity
12. Price Control
13. Newspapers, Books and Printing Press
14. Weights and Measures

BASIC FEATURES OF THE CONSTITUTION

1. Judicial Review
2. Freedom and dignity of the individual
3. Parliamentary System
4. Rule of Law
5. Supremacy of the Constitution
6. Sovereign, Democratic and Republican nature of Indian polity
7. Secular character of the Constitution
8. Harmony and balance between Fundamental Rights and DPSP
9. Separation of powers between:
   • Legislature
   • Executive
   • Judiciary
10. Federal character
11. Welfare State
12. Unity and Integrity of the Nation
13. Free and Fair Elections
14. Independence of Judiciary

EWS Reservation

• 103rd Constitutional Amendment Act, 2019
  • Related to EWS reservation

DPSP (DIRECTIVE PRINCIPLES OF STATE POLICY)

Equal Pay for Equal Work

• Mentioned under:
  • Article 39(d)

Nature

• DPSP are:
  • Non-justiciable
  • Not Fundamental Rights

Aim

• Social and Economic Democracy

Protection of Monuments

• Article 49

LEGISLATURE AND EXECUTIVE

• Legislature → Makes laws
• Executive → Implements laws

FEDERAL FEATURES OF INDIAN CONSTITUTION

1. Dual Polity
2. Division of Powers
3. Supremacy of Constitution
4. Rigid Constitution
5. Independent Judiciary
6. Bicameralism

PARLIAMENTARY GOVERNMENT

Advice of Council of Ministers

• Advice given by the Council of Ministers to the President is:
  • Binding

Dissolution of Lok Sabha

• Lok Sabha can be dissolved:
  • On the advice of the Prime Minister

PARLIAMENTARY VS PRESIDENTIAL SYSTEM

Main Difference

• Relation between:
  • Legislature
  • Executive

QUASI-FEDERAL SYSTEM

Meaning

• A system of government where the distribution of powers between Centre and States is:
  • Asymmetrical

UNITARY FEATURES OF INDIAN CONSTITUTION

1. Strong Centre
2. Single Constitution
3. Flexibility of Constitution
4. Emergency Provisions
5. Single Citizenship
6. All India Services

BALWANT RAI MEHTA COMMITTEE

Recommendations

• Village Panchayat → Direct Election
• Panchayat Samiti → Indirect Election

IMPORTANT COMMITTEES & COMMISSIONS

Katakey Panel

• Related to:
  • Meghalaya rat-hole mining

Deepak Verma Committee

• Related to:
  • Animal rescue
  • Animal welfare

Pesticide Committees

1. Anupam Verma Committee
2. S.K. Malhotra Committee
3. S.K. Khurana Committee

Macaulay Committee

• Followed by:
  • IPC 1860
  • First Law Commission (1834)

H.N. Sanyal Committee (1971)

• Related to:
  • Contempt of Court
  • Civil and Criminal contempt

Justice Verma Committee (2013)

• Formed after:
  • Nirbhaya Case (2012)

Recommendations/Associated Points

• Introduction of Zero FIR
• Fast Track Justice

Thakkar Commission

• Investigated assassination of:
  • Indira Gandhi

CENTRE–STATE RELATIONS COMMISSIONS

Rajamannar Committee (1969)

• From Tamil Nadu
• Recommended:
  • Strengthening State powers
  • Abolition of IAS/IPS cadres

Sarkaria Commission (1983)

• Focused on:
  • Centre-State balance
  • Cooperative federalism
  • Role of Governor

Punchhi Commission (2007)

• Emphasised:
  • Cooperative federalism

Recommendations

• Emergency should not be imposed merely on:
  • Internal disturbance
• Governor should not be:
  • Chancellor of universities
• Fixed tenure for Governor

JUSTICE V. CHELLIAH COMMISSION (2002)

Main Point

• Article 356 should be used:
  • Only as a remedy of the last resort

Related Articles

Article 256

• States should comply with Union laws and directions.

Article 257

• States should not impede Union executive power.

Article 355

• Duty of Centre to protect States against:
  • External aggression
  • Internal disturbance

M.N. VENKATACHALIAH COMMISSION / NCRWC (2000)

Full Form

• National Commission to Review the Working of the Constitution

Formed During

• Prime Minister Atal Bihari Vajpayee government

Chairman

• Former CJI M.N. Venkatachaliah

Examined Issues Related To

• Judicial reforms
• Electoral reforms

Recommendations

1. Limiting size of Council of Ministers
2. Strengthening Anti-Defection provisions
3. Creation of National Judicial Commission
4. Safeguards against misuse of Article 356
5. Cooperative Federalism

FAZL ALI COMMISSION / STATE REORGANISATION COMMISSION (1953)

Members

• Fazl Ali
• K.M. Panikkar
• H.N. Kunzru

Main Recommendations

• Accepted:
  • Linguistic and cultural homogeneity as an important factor
• Emphasised:
  • Financial
  • Economic
  • Administrative viability

STATES REORGANISATION ACT, 1956

Passed

• 1 November 1956

Features

• Largely based on Fazl Ali Commission recommendations
• Abolished old classification of:
  • Part A
  • Part B
  • Part C
  • Part D States
• Reorganised:
  • 14 States
  • 6 Union Territories

DHAR COMMISSION (1948)

Purpose

• To examine the question of reorganisation of provinces

View

• Did not support linguistic reorganisation

JVP COMMITTEE (1949)

Members

• Jawaharlal Nehru
• Vallabhbhai Patel
• Pattabhi Sitaramayya

View

• Agreed with Dhar Commission
• Opposed immediate linguistic reorganisation

FORMATION OF ANDHRA STATE

• Mentioned as related topic.

CENSURE MOTION VS NO-CONFIDENCE MOTION

SECOND SCHEDULE

Includes Salaries/Allowances of:

1. President
2. Governors
3. Speaker and Deputy Speaker
4. Chairman and Deputy Chairman
5. Judges of Supreme Court
6. Judges of High Court
7. CAG

Not Applicable To

• Attorney General
• Ministers
• MPs
• MLAs
• MLCs

THIRD SCHEDULE

Related To Oaths

Includes Oath of:

1. Union and State Ministers
2. MPs and MLAs
3. Judges of Supreme Court and High Courts
4. CAG

Important Note

• Oaths of:
  • President
  • Vice-President
  • Governors
  are not covered under Third Schedule.

Related Articles

• President → Article 60
• Vice-President → Article 69
• Governor → Article 159

EFFECT OF DISSOLUTION ON BILLS

Joint Sitting

• Mentioned as related concept with pending bills between Lok Sabha and Rajya Sabha.

STATE LEGISLATURE

Bicameral States

States having Legislative Council (LC):

• B – Bihar
• U – Uttar Pradesh
• M – Maharashtra
• K – Karnataka
• A – Andhra Pradesh
• T – Telangana

Important Notes

• J&K Legislative Council abolished after Reorganisation Act, 2019.
• AP Legislative Council revived through AP LC Act, 2005 (effective from 2007).
• Madhya Pradesh LC abolished after 7th Constitutional Amendment, 1956.
• Punjab LC and West Bengal LC abolished in 1969.
• Tamil Nadu LC abolished in 1986.
• Tamil Nadu passed revival resolutions in:
  • 2010
  • 2011

Andhra Pradesh LC Timeline

• 1957 – Created
• 1985 – Abolished
• 2007 – Revived again (through AP LC Act, 2005)

STRENGTH OF LEGISLATIVE ASSEMBLY (LSA)

• Minimum seats: 60
• Maximum seats: 500

Exceptions

• Nagaland → minimum 46
• Mizoram → minimum 40
• Arunachal Pradesh, Sikkim & Goa → minimum 30

STRENGTH OF LEGISLATIVE COUNCIL (LC)

• Maximum strength of LC:
  • Cannot exceed 1/3rd of strength of Assembly
• Minimum strength:
  • 40 members

COMPOSITION OF LEGISLATIVE COUNCIL

1/3rd

• Elected by members of local bodies.

1/3rd

• Elected by members of Legislative Assembly.
• Persons elected should not be Assembly members.

1/6th

• Nominated by Governor.

1/12th

• Graduates constituency.

1/12th

• Teachers constituency.
• Teachers of Higher Secondary Schools with minimum 3 years service in the State.

Summary

• 5/6th → Indirectly elected
• 1/6th → Governor nominated

SESSION OF STATE LEGISLATURE

• Maximum gap between two sessions:
  • 6 months
• Legislature should meet at least:
  • Twice a year

ADJOURNMENT & PROROGATION

Adjournment

• Can be for:
  • Hours
  • Days
  • Weeks
• Done by:
  • Speaker / Presiding Officer

Prorogation

• Done by:
  • Governor
• Terminates the session of the House.

QUORUM

Minimum quorum:

• 10 members OR 1/10th of total members of the House
• Whichever is greater.
• Includes Presiding Officer.

REMOVAL OF SPEAKER / CHAIRMAN

• Removal resolution requires:
  • Special majority
• Minimum notice:
  • 14 days

Applicable for:

• Deputy Speaker
• Speaker
• Vice-Chairman
• Chairman

POWERS OF SPEAKER

1. Decides whether a bill is a Money Bill or not.
2. Decides questions of disqualification of Assembly members under:
   • 10th Schedule (Anti-Defection Law)
3. Appoints chairmen of Assembly committees.
4. Chairman of:
   • Business Advisory Committee
   • Rules Committee
   • General Purpose Committee

Note

• Deputy Chairman of Council nominates from members:
  • Panel of Vice-Chairman.

LANGUAGE OF STATE LEGISLATURE

• As per Constitution:
  • Hindi / English
• Presiding Officer can allow use of:
  • Mother tongue

Note

State legislature may decide whether to continue or discontinue English as floor language after completion of 15 years.

• Official Languages Act, 1963 continued English.

Special Provision

For:

• Himachal Pradesh
• Manipur
• Meghalaya
• Tripura

English allowed for:

• 20 years

ORDINARY BILL

• Can be introduced by:
  • Minister or Private Member

Applicable in:

• Parliament
• State Legislature

DEADLOCK PERIOD FOR ORDINARY BILL

Parliament

• Maximum delay:
  • 6 months
• Then:
  • Joint sitting possible

Notes

• Lok Sabha cannot directly override Rajya Sabha.
• If joint sitting is not summoned by President:
  • Bill becomes dead.

State Legislature

First time delay by LC

• Maximum:
  • 3 months

Second time delay

• Maximum:
  • 1 month

Important Features

• No joint sitting between:
  • LSA and LC
• Legislative Assembly supremacy.
• LSA can override LC by passing bill second time.
• LC cannot override Assembly.

JOINT SITTING

State Legislature

• Not applicable for:
  • LSA + LC

Parliament

• Applicable for:
  • Lok Sabha + Rajya Sabha

MONEY BILL

Introduction

• Introduced only by:
  • Minister

Applicable in:

• Parliament
• State Legislature

State Legislature Procedure

• Requires prior recommendation of Governor.

Process

Money Bill:

• Introduced in LSA
• Sent to LC

LC:

• Cannot reject
• Cannot amend
• Can only recommend changes

LC must return bill within:

• 14 days

Assembly may:

• Accept or reject recommendations.

Governor

• Cannot return Money Bill for reconsideration.

POWERS OF LEGISLATIVE COUNCIL

• LC acts like:
  • Dilatory chamber
  • Advisory body

Financial Powers

• Cannot vote on demands for grants.
• Can only discuss budget.

Council of Ministers

• Collective responsibility of Council of Ministers:
  • Towards LSA
  • Not LC

Constitutional Amendment Ratification

• Done by:
  • Legislative Assembly
• Not Legislative Council

LAPSING OF BILLS ON DISSOLUTION OF ASSEMBLY

Important concept related to:

• Legislative Assembly
• Legislative Council
• Pending Bills

(As shown in notes diagram)

GOVERNOR’S VETO

• Governor enjoys:
  • Suspensive veto only.

If Governor reserves bill for President

President may:

• Assent
• Withhold
• Return bill

If House reconsiders and sends again within 6 months:

• President’s assent becomes obligatory
  • (Mentioned in notes as constitutional understanding)

LEGISLATIVE COUNCIL VS RAJYA SABHA

Rajya Sabha

• Federal chamber
• Not merely dilatory
• Has equal powers with Lok Sabha in all spheres except:
  • Financial matters
  • Control over Government

Legislative Council

• Not federal in nature.
• Subordinate to Legislative Assembly in all aspects.

INDIVIDUAL PRIVILEGES OF MEMBERS

Members of:

• Legislative Assembly
• Legislative Council

Enjoy protection from arrest in:

• Civil cases only

Protection available:

• 40 days before session
• During session
• 40 days after session

ANTI-DEFECTION & MINISTERSHIP

(91st Constitutional Amendment Act, 2003)

• A member disqualified on ground of defection:
  • Cannot be appointed as Minister.

SPEAKER RESIGNATION

• Speaker resigns to:
  • Deputy Speaker
• Not Governor

CONCURRENT LIST – IMPORTANT SUBJECTS

1. Criminal Law
2. Civil Procedure
3. Marriage & Divorce
4. Contempt of Court
5. Protection of Wild Animals & Birds
6. Population Control & Family Planning
7. Trade Unions
8. Industrial & Labour Disputes
9. Education
10. Forests
11. Electricity
12. Price Control
13. Newspapers, Books & Printing Press
14. Weights & Measures

INDIAN CONSTITUTIONAL IDEALS

• India as:
  • Sovereign
  • Democratic
  • Republic
• Secularism
• Freedom of conscience and religion
• Rule of Law