POLITY & GOVERNANCE

(Revision Notes)

CHAPTER 22: PARLIAMENT - I

1. Introduction: Union government's legislative organ is the Parliament + It is also known as

the 'Westminster' model of government + Part V of the Constitution: articles 79 to 122 deals with
the Parliament's organization, composition, duration, officers, procedures, privileges, powers, and
so on.
2. Article 79: Parliament is made up of the President and two houses, the Lower House or House of
People and the Upper House or Council of States.
3. Organization of Parliament
• Lok Sabha + Rajya Sabha + President
• The President is not a member of either House and does not sit in Parliament : still he is an
integral part of Parliament as bill passed by both the Houses cannot become law without
President’s assent + He Summons and prorogues both the Houses ; Dissolves the LS; Addresses
both House; Issues ordinances when they are not in session etc.
4. Composition of Rajya Sabha: Maximum strength:250 + 238 elected indirectly + 12 nominated.
• At present, 245 members: 229 from states, 4 from UTs and 12 nominated
• Fourth Schedule: allocation of seats in the RS to states and UTs
• The representatives of states in the Rajya Sabha are elected by the elected members of state
legislative assemblies.
• Election is held in accordance with the system of proportional representation by means of the
single transferable vote.
• Seats allotted on the basis of population
• Representation of Union Territories: Indirectly elected by an electoral college constitute
specifically for this purpose + Proportional representation by means of a single transferable vote
+ Only Delhi, Puducherry and Jammu & Kashmir have representation in the RS.
• Nominated Members: President nominates 12 people [special knowledge or practical
experience in art, literature, science and social service].
5. Composition of Lok Sabha
• maximum strength: 552 --> [530 (state representatives) + 20 (UTs representatives) + 2 (Anglo-
Indian Community/No provision now)]
• Representation of States: Directly elected by the people from the territorial constituencies in
the states + Election based on universal adult franchise + citizen who is above 18 years of age
and who is not disqualified under the provisions of the Constitution or any law is eligible to vote
at such election + voting age was reduced 18 years by 61st CAA, 1988.
• Representation of UTs: Constitution empowered Parliament to prescribe manner of choosing
the representatives of UTs in LS + Parliament enacted the Union Territories (Direct Election to
the House of the People) Act, 1965: members of LS from the union territories are chosen by
direct election.
• Nominated Members: President can nominate two members from the Anglo-Indian community
if the community is not adequately represented in the Lok Sabha.
6. System of Elections to Lok Sabha
• For the purpose of holding direct elections, each state is divided into territorial constituencies.
o Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio
between that number and its population is the same for all states [does not apply to a state
having a population of less than six millions].

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o Each state is divided into territorial constituencies in such a manner that the ratio between
the population of each constituency and the number of seats allotted to it is the same
throughout the state.
7. Readjustment after each Census
• After every Census, the allocation of seats to LS per state, and the division of territorial constituencies
undergoes a revision.
• Parliament empowered to determine authority and manner in which it is to be made.
• Delimitation Commission Acts in 1952, 1962, 1972 and 2002.
• 42nd CA 1976 froze allocation of seats till the year 2000 at 1971 Level.
• 84th CA 2001 extended the ban till 2026.
• 87th CA 2003: delimitation to constituencies to be done on the basis of 2001 census, without altering the
number of seats allotted to each state in the LS.
8. Reservation of Seats for SCs and STs
• Originally meant to last till 1960, has been extended ever since
• 95th CA 2009: reservation until 2020
• For reserved seats, the entire electorate votes [No separate electorates].
• SCs and STs are not debarred from contesting general seats
• Proportional representation for RS; Territorial representation for LS
9. Proportional representation: All sections get representation in proportion to their number; Even
the smallest group gets representation single transferable vote + India uses proportional
representation by means of elections of RS, State legislative council, President and VP.
10. Duration of Rajya Sabha: First constituted in 1952 + Continuing chamber and not subject to
dissolution + 1/3rd members retire every second year + Retiring members can be re-elected and re-
nominated any number of times + Representation of People’s act (1951): term of office of a member
of RS shall be 6 years.
11. Duration of Lok Sabha: Lok Sabha is not a permanent chamber + 5 year term from the date of its
first meeting + Automatically dissolves after the expiry of 5 years + President can dissolve the LS
before expiry of term: cannot be challenged in the court of Law + Term can be extended one year
at a time during a national emergency + Cannot continue 6 months after emergency has ended.
12. Qualifications: Citizen of India + make and subscribe to an oath or affirmation + not less than 30
years of age in the case of RS and not less than 25 years of age in the case of the LS + must possess
other qualifications prescribed by Parliament.
13. Additional qualifications in the Representation of People Act (1951): Registered as an elector
for a parliamentary constituency + candidate contesting an RS seat does not need to be an elector
from that particular state + Must be an SC or ST to contest a seat reserved for SCs and STs. SCs and
STs can contest general seats.
14. Disqualifications under constitution: If he holds any office of profit under the Union or state
government (except that of a minister or any other office exempted by Parliament) + if he is of
unsound mind and stands so declared by a court + If he is an undischarged insolvent + if he is not a
citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any
acknowledgement of allegiance to a foreign state; and if he is so disqualified under any law made
by Parliament.
15. Disqualifications in the Representation of People Act (1951):
• not have been found guilty of certain election offences or corrupt practices in the elections.
• not have been convicted for any offence resulting in imprisonment for two or more years
• [Note: Detention of a person under a preventive detention law is not a disqualification]
• not have been convicted for promoting enmity between different groups or for the offence of bribery.
• not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.

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• On the question whether a member is subject to any of the above disqualifications, the President's
decision is final. However, he should obtain the opinion of the election commission and act accordingly.
16. Disqualification on Ground of Defection
• A person shall be disqualified from being a MP if he is so disqualified on the ground of defection under
Tenth Schedule
• A member incurs disqualification under the defection law:
o if He voluntary gives up the membership of the political party on whose ticket he is elected to the
House;
o if He votes or abstains from voting in the House contrary to any direction given by his political party;
(As a pre-condition for his disqualification, his abstention from voting should not be condoned by
his party or the authorized person within 15 days of such incident)
o if any independently elected member joins any political party; and
o if any nominated member joins any political party after the expiry of six months.
• The question of disqualification under 10th Schedule is decided by the Chairman in the case of Rajya
Sabha and Speaker in the case of Lok Sabha (and not by the president of India).
• In 1992, SC ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review
17. Vacating of Seats
• Double Membership: A person cannot be a member of both Houses of Parliament at the same time +
Representation of People Act (1961) provides for the following:
• If a person is elected to both the Houses of Parliament: intimate within 10 days in which House he
desires: In default, his seat in the Rajya Sabha becomes vacant.
• If a sitting member of one House is also elected to the other House, his seat in the first House becomes
vacant.
• If a person is elected to two seats in a House, he should exercise his option for one. otherwise, both
seats become vacant.
• Similarly, a person cannot be a member of both the Parliament and the state legislature at the same
time. if a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in
the state legislature within 14 days.
• Disqualification: If a member of Parliament becomes subject to any of the disqualifications specified in
the Constitution, his seat becomes vacant.
• Resignation
o A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha
o However, the Chairman/Speaker may not accept the resignation if he is satisfied that it is not
voluntary or genuine.
• Absence: A House can declare the seat of a member vacant if he is absent from all its meetings for a
period of sixty days without its permission.
• Other cases: A member has to vacate his seat in the Parliament:
o if his election is declared void by the court;
o if he is expelled by the House;
o if he is elected to the office of President or Vice-President; and
o if he is appointed to the office of governor of a state.
• Note: If a disqualified person is elected, the case is dealt by RPA, 1951 (no procedure in Constitution) -
-> High court can declare the election void (appeal goes to SC)
• Oath or Affirmation: to bear true faith and allegiance to the Constitution of India; to uphold the
sovereignty and integrity of India; and to faithfully discharge the duty upon which he is about to enter.

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CHAPTER 23: PARLIAMENT - II

1. Salaries and allowances of Members of Parliament

• Determined by Parliament, and there is no provision of pension in the Constitution.
• Salaries and allowances of the Speaker of LS and Chairman of RS determined by Parliament:
charged on the Consolidated Fund of India
• No provision of pension in constitution; Parliament has provided it.
• Sumptuary allowance paid to speaker of LS at same rate payable to Cabinet Minister.
2. Speaker of Lok Sabha
• Elected by LS from amongst its members.
• Date and election of Speaker is fixed by President.
• Vacate office in three cases: if cease to be a member of LS + resigns by writing to dep speaker
+ removed by resolution passed by majority of all members of LS.
• Removal resolution under consideration: he can vote in first instance [Not in case of equality of
votes].
• When LS dissolved; he continues till newly elected LS.
• His decision in all parliamentary matter is final + Final interpreter of constitution within the
house.
• Sources of Power: Constitution, Rules of Procedure and Conduct of business of LS,
Parliamentary conventions.
• Casting Vote in case of Tie [Note: He can not vote in 1st instance]
• Roles and Powers: Adjourns house or suspend if no quorum + Presides over joint sitting of two
houses + Allows secret sitting of house + Decides whether a bill is a money bill or not + Decides
disqualification of members on the grounds of defection in 10th schedule + Appoints the
chairman of all Parliamentary committees of Lok Sabha
• He is: Ex-officio chairman of Indian Parliamentary Group + Chairman of Business Advisory
committee; Rules Committee; General purpose committee +
• Removed only by resolution passed by an Absolute Majority- 14 days notice is to be given +
support of atleast 50 members.
• Speaker is at higher rank than all cabinet ministers
• In India Speaker does not resign from party; in Britain Speaker is non-party person.
• Seventh rank in order of precedence along CJI.
3. Deputy Speaker of Lok Sabha
• The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions
of the Government of India Act of 1919
• Elected by Loksabha among its member itself
• Dep speaker is not subordinate to speaker
• Date of election is fixed by Speaker.
• Presides over joint sitting in case speaker is absent.
• Whenever appointed as member of Parl. committee, he automatically becomes its chairman.
• Deputy Speaker may vacate office: If he ceases to be a member of the Lok Sabha + If he resigns
by writing to the Speaker + If he is removed by a resolution passed by a majority of all the then
members of the Lok Sabha (Such a resolution can be moved only after giving 14 days’ advance
notice)
• Since 11th LS: Consensus- Dep speaker comes from opposition party

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• Speaker and Dep speaker do not make and subscribe any separate oath or affirmation.
• Speaker and Dep. Speaker originated in India in 1921 under provisions of GOI 1919.
• 1921: Frederick Whyte and Sachidanand Sinha appointed by GG of India as first speaker and
first deputy speaker.
• 1925: Vithalbhai J Patel became first Indian and first elected speaker of central legislative
assembly.
• GV Mavlankar- First speaker of LS.
• Ananthasayanam Ayyangar- First Deputy speaker of LS.
Deputy Speaker and Tenth Schedule (Exception):
Tenth Schedule (commonly known as the anti-defection law) says that a person who has been
elected Speaker/ Deputy Speaker shall not be disqualified:
• If he voluntarily gives up the membership of the political party to which he belonged
immediately before such election,
• And does not, so long as he continues to hold such office thereafter, rejoin that political
party or become a member of another political party.
(This exemption applies to Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a
state Legislative Council, and Speaker/ Deputy Speaker of state Legislative Assembly as well.)
4. Panel of Chairperson in Lok Sabha
• Rule of Loksabha- speaker nominates panel of 10 members; anyone of them can preside if office
of speaker and deputy speaker is absent.
• Member of panel of chairperson cannot preside over house, when office of speaker of deputy
speaker is vacant.
• During such time, Speaker’s duties are performed by member of house as appointed by
President.
5. Speaker Pro Tem
• President appoints a member of lok sabha as speaker pro tem (temporary).
• His oath is administered by President
• His main duty is to administer oath to new members + presiding over the first sitting of Lok
Sabha + conduct the vote for the speaker and deputy speaker + administering the floor test
6. Chairman of Rajya Sabha
• Articles 64 and 89 (1): Vice-President shall be ex-officio Chairman of Rajya Sabha and shall
not hold any other office of profit.
• Can be removed from his office only if he is removed from the office of the Vice-President.
• Unlike the Speaker, the Chairman is not a member of the House.
• Cannot vote in the first instance and can only cast a vote in the case of an equality of votes.
• Salaries fixed by the Parliament and are charged on the Consolidated Fund of India.
7. Deputy chairman of Rajya Sabha
• Elected by the Rajya Sabha itself from amongst its members.
• Constitutional position created under Article 89
• Vacates his office in any of the following three cases: If he ceases to be a member of the Rajya
Sabha + If he resigns by writing to the Chairman + removed by a resolution passed by a majority
of all the then members of the Rajya Sabha; 14 days’ advance notice.
• Cannot vote in the first instance- he/she can only exercise a casting vote in the case of a tie.
• Entitled to a regular salary and allowance, fixed by Parliament and is charged on the
Consolidated Fund of India.
8. Panel of Vice-Chairpersons of Rajya Sabha

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• Rules of Rajya Sabha: Chairman nominates from amongst the members a panel of vice-
chairpersons and holds office until a new panel of vice-chairpersons is nominated.
• Any one of them can preside over the House in the absence of the Chairman or the Deputy
Chairman.
• cannot preside over the House, when the office of the Chairman or the Deputy Chairman is
vacant.
• During such time, the Chairman's duties are to be performed by such members of the House as
the president may appoint for the purpose.
9. Secretariat of parliament: Headed by Secretary-general; appointed by presiding officer of the
house.
• Lok Sabha Secretariat
o The Speaker of the Lok Sabha advises the Lok Sabha Secretariat, which is an independent
entity of the Lok Sabha.
o The Speaker of the Lok Sabha is assisted in the discharge of his constitutional and statutory
responsibilities by the Secretary-General, Lok Sabha, Additional Secretary, Joint Secretary,
and other officers and staff of the Secretariat at various levels.
o The Secretary General serves until he or she reaches the age of 60, when he or she retires.
o He or she is exclusively accountable to the Speaker, and his or her actions cannot be debated
or criticized inside or outside the Lok Sabha.
o In the absence of the Speaker, he summons members of Parliament to a session of Parliament
and authenticates bills on behalf of the President of India.
• Rajya Sabha Secretariat
o The Rajya Sabha Secretariat was established under the provisions of Article 98 of the
Constitution.
o The Chairman of the Rajya Sabha oversees and controls the Rajya Sabha Secretariat.
10. Leader of the House
• Rules of Lok Sabha : ‘Leader of the House’ means the Prime Minister (or another minister who
is a member of LS and is nominated by the PM).
• ‘Leader of the House’ in Rajya Sabha : Minister and a member of Rajya Sabha and is nominated
by PM to function as such.
• S/He exercises direct influence on the conduct of business + Can also nominate a deputy leader
of the house + For the Chair’s permission, the Leader of the House proposes dates for summons
and prorogation of the House
• not mentioned in the Constitution but in the Rules of the House.
11. Leader of Opposition
• Known as Shadow Prime Minister + Leader of largest Opposition party having not less than
1/10th seats of total strength of the House is recognised as the leader of the Opposition.
• accorded statutory recognition in 1977 and entitled to the salary equivalent to that of a cabinet
minister.
• not mentioned in the Constitution but in the Parliamentary Statute.
12. Whip
• Every political party, whether ruling or opposition has its own whip in the Parliament.
• Appointed by the political party to serve as an assistant floor leader
• Regulates and monitors their behaviour in the Parliament
• neither mentioned in Constitution nor in the other statues. It is based on the conventions of the
parliamentary government.

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• There are some cases such as Presidential elections where whips cannot direct a Member of
Parliament (MP) or Member of Legislative Assembly (MLA) on whom to vote.
• If an MP violates his party’s whip, he faces expulsion from the House under the Anti Defection
Act.
13. Sessions of Parliament
• Summoning: Specified in Article 85 of the Constitution + President summons each House of
Parliament from time to time Decision is taken by the Cabinet Committee on Parliamentary
Affairs which is formalised by the President + Maximum gap between two sessions cannot be
more than six months.
• Sessions: (No fixed Parliamentary calender) By convention, Parliament meets for three sessions
in a year.
o Budget Session: Longest session, end of January <: the end of April.
o Monsoon Session: Second session, July <: August.
o Winter Session: Third session, November <: December.
• Adjournment: Suspends the work in a sitting for a specified time, which may be hours, days or
weeks.
• Adjournment Sine Die: When the meeting is terminated without any definite time/date fixed
for the next meeting.
• Power of adjournment + adjournment sine die lies with the presiding officer (Speaker or
Chairman) of the House.
• Prorogation: terminates a sitting as well as the session of the House + Done by the President of
India on the advice of Prime Minister
Adjournment Prorogation
Only ends a sitting, not an entire House It not only ends a sitting, but also ends a
session. House session.
The presiding officer is its in-charge Carried out by the President of India.
No bearing on the bills or any other work • No bearing on any bills or other matters
before the House currently before the House.
• all current notices (save those for proposing
bills) expire, and new notices must be
issued for the next session.
14. Dissolution
• Ends very life of existing house + Once LS is dissolved before completion of its normal tenure,
dissolution is irrevocable.
• When LS is dissolved, all business pending before it or its committees expires, including bills,
motions, resolutions, notices, petitions, and so on.
• Some pending bills that is to be considered by Committee on Government Assurances, do not
expire when LS is dissolved.
• Conditions related to lapsing of bills:
o Bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted
to it by the Rajya Sabha).
o Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
o bill not passed by the two Houses due to disagreement and if the President has notified the
holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
o bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
o bill passed by both Houses but pending assent of the president does not lapse.

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o A bill passed by both Houses but returned by the president for reconsideration of Houses
does not lapse.
15. Quorum: (Article 100) Constitution has fixed one-tenth strength as quorum for both Lok Sabha and
Rajya Sabha including the presiding officer + If a quorum is not present, the Speaker must adjourn
the House or postpone the meeting until a quorum is present
• Note : if some business is transacted in a House without quorum, its validity may not be open
to attack in the courts because of the principle of internal autonomy of the 170 House (Article
122(1). The rule regarding quorum is procedural and so directory and not mandatory.
16. Joint Session of Parliament: Article 108 + Provision is borrowed from Government Of India Act
1935 + called by the President and is presided over by the Lok Sabha Speaker. In the speaker’s
absence, the Deputy Speaker of the Lok Sabha presides over the meeting + In the absence of both,
it is presided over by the Deputy Chairman of the Rajya Sabha + Quorum is 1/10 of total number of
members of the two houses
• A joint session can be called : Whenever one house of Parliament passes a bill and the other
House rejects it, there is a standoff + There is a stalemate whenever one house of Parliament
passes a bill and the other rejects it + The bill was sent to the other House and sat there for more
than six months before it was passed.
17. Language in Parliament
• Constitution declared Hindi and English to be languages for transacting business in Parliament.
• Official languages Act (1963) allowed English to be continued along with Hindi.
18. Rights of Ministers and Attorney General
• Every Minister and AG have right to speak and take part in proceedings of either house without
being entitled to vote.
19. Lame-duck session
• Last session of existing Lok Sabha after a new LS has been elected.
20. Question Hour
• Mentioned in rules of procedure.
• First hour of every parliamentary sitting
• Starred questions: require oral answers; supplementary questions can follow.
• Unstarred questions: requires a written answers; supplementary questions cannot follow.
• Short notice questions: Matters of public importance and of urgent character are considered
under this type of questions + notice of less than ten days and are answered orally.
• Question Hour in both Houses is held on all days of the session except : When the President
addresses MPs from both Houses + The President’s speech takes place at the beginning of a new
Lok Sabha and on the first day of a new Parliament year
• On the day the Finance Minister presents the Budget.
21. Zero Hour
• Indian parliamentary innovation; not mentioned in the parliamentary rules book + MPs can raise
matters without any prior notice.
• starts immediately after the question hour and lasts until the agenda for the day is taken up.
22. Rules for Parliamentary Motions
• No discussion on a matter of general public importance can take place except on a motion made
with the consent of the Speaker/Chairman as the case may be.
• A written notice of motion must be delivered to the Secretary-General.
• Motions filed in front of tribunals or commissions are not accepted.
• Speeches on the motion may be limited in length by the Speaker/Chairman.
23. Privilege motion
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• Moved by a member when he feels that a minister has committed a breach of privilege of the House.
• Purpose: censure the concerned minister.
• It can be moved in Rajya Sabha as well as Lok Sabha.
• The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
• The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges
committee of Parliament.
24. Censure motion
• It should state the reasons for its adoption in the Lok Sabha.
• It can be moved against an individual minister or a group of ministers or the entire council of ministers.
• moved to censure CoM for specific policies and actions.
• can be moved only in Lok Sabha.
25. Calling Attention motion
• introduced to call the attention of a minister to a matter of urgent public importance.
• It can be moved in Rajya Sabha as well as Lok Sabha.
• Indian innovation
• Mentioned in Rules of Procedure
26. Adjournment motion
• Introduced in the Lok Sabha to draw the attention of the House to a definite matter of urgent public
importance.
• involves an element of censure against the government: Rajya Sabha not permitted to use.
• moved only in Lok Sabha; needs support of 50 members to be admitted
• Discussion on this motion should last for not less than two hours and thirty minutes.
• It should: Raise a matter which is definite, factual, urgent and of public importance + Not cover more
than one matter + Be restricted to a specific matter of recent occurrence + Not raise a question of privilege
+ Not revive discussion on a matter that has been discussed in the same session + Not deal with any
matter that is under adjudication of court + Not raise any question that can be raised on a distinct motion
27. No-Confidence motion
• Article 75 : CoM shall be collectively responsible to LS.
• Lok Sabha can remove the ministry from office by passing a no-confidence motion.
• needs the support of 50 members to be admitted.
• It can be moved only in Lok Sabha.
• Procedure for moving a no-confidence motion is outlined in the rules of Procedure and Conduct of Lok
Sabha
• A written notice of the motion has to be submitted by the member before 10 AM, which will be read
aloud by the Speaker of the House.
28. Censure motion Vs No-confidence motion

29. Motion of Thanks

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• First session after each general election and the first session of every fiscal year is addressed by
the president.
• This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.
• Generally, three days are allotted for the discussion on the Motion of Thanks.
• If any of the amendments are put forward and accepted then the Motion of Thanks is adopted in
the amended form.
30. No-Day-Yet-Named Motion
• Admitted by the Speaker but no date has been fixed for its discussion.
• It can be moved in Rajya Sabha as well as Lok Sabha.
31. Closure motion
• Moved by a member to cut short the debate on a matter before the House.
• Simple Closure: It is one when a member moves that the ‘matter having been sufficiently
discussed be now put to vote’.
• Closure by Compartments: clauses of a bill or a lengthy resolution are grouped into parts
• Kangaroo Closure: only important clauses are taken up for debate and voting
• Guillotine Closure: undiscussed clauses of a bill or a resolution are put to vote along with the
discussed ones due to want of time.
32. Point of Order
• Raised by member when proceedings of the House do not follow the normal rules of procedure.
• It should relate to the interpretation or enforcement of the Rules of the House.
• usually raised by an opposition member in order to control the government.
• extraordinary device; no debate is allowed on a point of order.
33. Half-an-Hour Discussion
• It is meant for discussing a matter of sufficient public importance.
• Speaker can allot three days in a week for such discussions.
• no formal motion or voting before the House.
34. Short Duration Discussion
• Also known as two-hour discussion as the time allotted for such a discussion should not exceed
two hours.
• MPs can raise such discussions on a matter of urgent public importance.
• There is neither a formal motion before the house nor voting.
35. Special Mention
• A matter which is not a point of order or which cannot be raised during question hour, half-an hour
discussion, short duration discussion or under adjournment motion, calling attention notice or under
any rule of the House can be raised under the special mention in the Rajya Sabha.
• Its equivalent procedural device in the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.
36. Resolutions
• Required to be vote; come in category of substantive motion.
• A member who moved resolution cannot withdraw except by leave of house.
• Private member resolution: alternate Fridays; moved by private member
• Government resolution: Monday to Thursday
• Statutory resolution: Moved either by private member or a minister.

37. Public Bill Vs Private bill

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38. Types of Bills

• Ordinary bills: concerned with any matter other than financial subjects.
• Money bills: concerned with financial matters like taxation, public expenditure, etc.
• Financial bills: concerned with financial matters (but are different from money bills).
• Constitution Amendment Bills: concerned with the amendment of provisions of the
Constitution.
39. Ordinary bills
• It can be introduced in either House of Parliament either by a minister or by any other member.
The bill is published in the Gazette of India.
• Bill in the Second House: Pass the bill as sent by the first house (i.e., without amendments) +
Pass the bill with amendments and return it to the first House for reconsideration + Reject the
bill altogether + Not take any action and thus keep the bill pending.
• If second House rejects the bill altogether action for six months: President can summon a joint
sitting of the two Houses.
• Assent of the President: The President may give his assent to the bill + Withhold his assent to
the bill + Return the bill for reconsideration of the Houses.
40. Provisions that make Bill a Money Bill
• Any tax imposed, abolished, remitted, altered, or regulated.
• Regulation of the borrowing of money by the GOI.
• The payment of money into or the withdrawal of money from the Consolidated Fund of India
(CFI) or the Contingency Fund of India (CFI).
• Appropriation of money out of the CFI.
• Declaration of any CFI-charged expense or increase in the amount of any such expenditure.
• Receipt of funds on behalf of the CFI or the public account of India, or custody or distribution
of such funds, or audit of the Union's or a state's accounts.
41. Not to be deemed money bill if related to following:
• Imposition of fines or other pecuniary penalties.
• Fees for licences or fees for services given are demanded or paid.

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• Any tax imposed, abolished, remitted, changed, or regulated by a local authority or entity for
local purposes.

42. Budget in Parliament

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• President causes to be laid before both houses the Annual Financial Statement (Article 112).
• It contains the estimated revenues or expenditures of the government for a financial year.
• Expenditure on revenue account should be separated from other expenditure.
• Parliament can reduce or abolish a tax but can’t increase it.
• Demand for grants can be made only on recommendation of the president.
• No money shall be withdrawn from Consolidated fund except under appropriation made by law.
43. Charged Expenditure: It includes salaries, pensions or expenses of President, UPSC, CAG, SC
judge, Pensions of HC judges, Presiding or deputy presiding officer of LS and RS. Debt of the
Government of India, amounts to satisfy any judgments, expense declared by parliament to be
charged on the fund.
44. Stages in Enactment
• Presentation of budget: Rajya Sabha can only discuss it and has no power to vote on demand for
grants.
• General discussions: No motions of reduction of grants or votes can be made. Finance minister has
the right of reply at end of discussion.
• Scrutiny by department committees: An in-depth scrutiny of demand for grants by department is
made by each departmental standing committee of parliament.
• Voting on the demand for grants: Lok Sabha only can vote on demand for grants and no voting
is allowed on the expenditure charged on the consolidated fund of India.
o Policy cut: Reduces allocation of grant to Re. 1 to indicate disapproval to a policy.
o Token cut: Reduce amount by Rs.100 to ventilate specific grievance
o Economy cut: Reduction by specific amount to suggest economic use of funds.
o Guillotine: 26 days are allotted for discussions and voting of the demand for grants at the last
day all remaining demands are put to vote and disposed.
• Appropriation bill: contains voted demand for grants and expense charged on the consolidated fund
of India + No amendments can be made on these in any house + This allows expense from the
consolidated fund + To overcome functional difficulty, advance grant: Vote on account [granted for
two months or 1/6th of total estimation].
• Finance bill is also presented containing provisions for taxation. It is like a money bill however
amendment can be moved seeking to reduce or remove a tax. This allows taxes to be levied +
legalized income side of budget.
45. Other grants
• Supplementary grant: Amount authorised by parliament is found insufficient
• Additional grant: extra amount upon some new service not contemplated in budget.
• Excess grant: Amount is spent in excess of the authorised amount; this has to be approved by the
Public accounts committee.
• Vote of credit: for meeting an unexpected demand.
• Exceptional grant: sanctioned for a special purpose
• Token grant: funds to meet a new expenditure can be met by transferred from one head to another.
46. Various funds
• Consolidated fund of India (Article 266): All revenues credited to the government; all loans
received; all payment received as repayment of loans given; are credited to this fund. No money can
be issued or withdrawn except by law.
• Contingency fund of India (Article 267) To meet unforeseen circumstances parliament created this
fund. It is at the disposal of the president. Money can be issued pending authorization of parliament.
The Secretary of, Finance Ministry holds this fund on behalf of the President of India.
• Public account of India (Article 266) Payment usually of the nature of banking transactions are
made from this account; It is operated by executive action; includes Provident fund deposits, judicial

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deposits, savings bank deposits, departmental deposits or remittances etc. + The government does
not need permission to take advances from this account.
47. Delegated legislation: Parliament makes laws in skeleton and authorizes executive to make
detailed rules.
48. Equal status of Rajya Sabha with Lok Sabha
• Intro and passage of ordinary bills
• Introduction and passage of constitutional amendment bills.
• election and impeachment of the President (Articles 54 and 61)]
• election of the Vice-President (Article 66)
• to make law defining parliamentary privileges and also to punish for contempt (Article 105)
• approve the Proclamation of Emergency (issued under Article 352), Proclamations regarding the
failure of the Constitutional machinery in States (issued under Article 356)
• receive reports and papers from CAG, UPSC, Special Officer for the Scheduled Castes and
Scheduled Tribes [Article 338(2)], Commission to investigate the conditions of the Backward
Classes [Article 340(3)] and Special Officer for Linguistic Minorities [Article 350 B (2)].
49. Unequal status with Lok Sabha
• Only the Lok Sabha can introduce a money bill under Article 110.
• Only the Lok Sabha can introduce a financial bill under Article 110 (1).
• Speaker of the Lok Sabha determines whether bills are Money Bills, whereas the Chairman of the
Rajya Sabha does not have this authority.
• Union Budget: the Rajya Sabha can only debate it and not vote on grant requests.
• A resolution for discontinuance of national emergency can be passed only by LS.
50. Special Powers of Rajya Sabha
• It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249).
• It can authorise the Parliament to create new All-India Services common to both the Centre and
states (Article 312).
• It alone can initiate a move for the removal of the vice-president
51. Parliamentary Privilege
• Article 105 for Parliament and Article 194 for State Assemblies mentions two privileges, i.e.
freedom of speech in Parliament and right of publication of its proceedings.
• Parliament has not made any special law to exhaustively codify all the privileges. They are rather
based on five sources: Constitutional provisions + Various laws made by Parliament + Rules of both
the Houses + Parliamentary conventions + Judicial interpretations
• Extend to Attorney General and Union Ministers as well ; but do not extend to President.
• 44th CAA: restored freedom of press to publish true reports of parl. proceedings without prior
permission of house [not applicable to secret sitting].
• Courts are prohibited to inquire into proceedings of house.
• Members cannot be arrested during session of parliament and 40 days before beginning and 40 days
after end of session.
• If the detention of any members of the parliament is made, the chairman or the speaker should be
informed by the concerned authority, of the reason for the arrest.
• But a member can be arrested outside the limits of the house on criminal charges against him under
the Preventive Detention act, the Essential Services Maintenance Act (ESMA), the National Security
Act (NSA), or any such act.
• No person shall be held liable for publishing any reports, discussions etc. of the house under the
authority of the member of the house.
• The members of the house have the power and right to exclude strangers who are not members of
the house from the proceedings.

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• Exempted from jury service: refuse to give evidence and appears as a witness when parliament is in
session.

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CHAPTER 24: PARLIAMENTARY COMMITTEES

1. Introduction: The Constitution of India makes a mention of these committees at different places,
but without any specific provisions. All these matters are dealt by the rules of two houses.
2. Public Accounts committee
• GOI act 1919 prompted creation of the Committee on Public Accounts in 1921.
• Composition: 22 members (15 LS + 7 RS); elected by parliament every year from amongst its
members + principle of proportional representation by means of a single transferable vote.
• Term of members = one year + A minister cannot be elected as a member
• Chairman is appointed by the speaker from amongst the members.
• Until 1966-67, the chairman of the committee belonged to the ruling party.
• Since 1967 a convention : the chairman selected invariably from the opposition.
• Examine the annual audit reports of CAG; also looks from point of view of economy, prudence,
wisdom, propriety to bring out cases of waste, loss and corruption.
• Functions: Examine appropriation accounts and finance accounts of Union government +
Examine accounts of state corporations, trading concerns and manufacturing projects + examine
any money spent on any service throughout a fiscal year in excess of the amount granted by the
Lok sabha for that purpose.
• CAG acts as a guide, friend and philosopher of the committee.
3. Estimates committee
• Origin traced to standing financial committee set up in 1921.
• First Estimates Committee in the post-independence era constituted in 1950 on the
recommendation of John Mathai.
• Composition: Originally 25 members; raised to 30 in 1956.
• All the 30 members are from Loksabha only.
• Term of office is one year.
• Members are elected according to the principle of proportional representation by means of a
single transferable vote.
• No minister can be a member of the estimates committee
• Chairman is appointed by Speaker of the Loksabha from amongst its members and invariably
belongs to the ruling party.
• Also called the Continuous Economy Committee.
• Functions: suggest alternative policies to bring about efficiency and economy in administration
+ To examine whether money is well laid out within limits of the policy implied in the estimates
+ Committee may continue the examination of estimates from time to time, throughout the
financial year and report to the house as its examination proceeds.
4. Committee on Public Undertakings
• Created in 1964 on recommendation of Krishna Menon committee.
• Originally 15 members; membership was raised to 22 in 1974 (15 LS + 7RS).
• Members elected according to principle of PR by means of STV.
• The term of office of the members is one year; Minister cannot be elected as a member.
• Chairman is appointed by Speaker from amongst its members drawn from Lok Sabha only.
• Functions: Examine CAG and auditor general's reports on public undertakings + It determines
if the PSU's affairs are handled in accordance with sound business and commercial concepts and

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procedures + All Government Companies whose Annual Reports are laid before two houses
under section 619A (1) of Companies Act, 1956 are included in the Committee's jurisdiction.
• It does not examine matters of day-to-day administration + matters of major government policy
as distinct from business or commercial functions of PSUs.
5. Departmental Standing Committees (DRSCs)
• On recommendation of Rules committee of LS, 17 DRSCs were set up in 1993 + increased to
24 in 2004.
• Objective: Secure accountability of Executive to Parliament.
• Composition: 31 members (21 LS + 10 RS).
• Tenure = 1 year
• A minister cannot hold the committee’s membership.
• 24 standing committees : 16 departmental standing committees in LS and 8 departmental
standing committees in RS.
• The committees consider demands for grants of concerned ministries before they discussed and
voted in Lok Sabha.
• Its report should not suggest anything of the nature of cut motions.
6. Committee on Petitions: LS committee consists of 15 members and RS committee consists of 10
members.
7. Committee of Privileges: Semi-judicial in nature; LS Committee (15 members); RS committee
(10 members).
8. Committee on Government assurances: 15 members in LS + 10 members in RS.
9. Committee on Subordinate legislation: Scrutinizes and reports the house whether the power to
make regulations, rules, sub rules, by laws conferred by constitution or delegated by parliament are
being properly exercised by Executives + consists of 15 members in both the houses.
10. Committee on papers laid on table: LS committee consists of 15 members + RS committee
consists of 10 members + It does not examine statutory notifications and orders that fall under
jurisdiction of Committee on Subordinate legislation.
11. Committee on welfare of SCs and STs: 30 members (20 from LS and 10 from RS).
12. Committee on empowerment of women: 30 members (20 from LS and 10 from RS).
13. Joint committee on office of profit: 15 members (10 LS + 5RS).
14. Business advisory committee: regulates the programme and time table of house + LS committee
consists of 15 members including Speaker as its chairman + RS: 11 members including Chairman
as its ex-officio chairman.
15. Committee on private members bills: Special committee of Lok Sabha + 15 members including
Deputy speaker as its chairman + The same function is performed by Business advisory committee
in Rajya Sabha.
16. Rules committee: LS committee consists of 15 members including Speaker as its ex-officio
chairman + In RS it consists of 16 members including chairman as its ex-officio member.
17. Committee on absence of members: Examines cases of members who have been absent for a
period of 60 days or more without permission + Special committee of LS which consists of 15
members + No such committee in Rajya Sabha.
18. Consultative Committee: these are not parliamentary committees; Minister/ minister of state is
chairman; it is forum for informal discussion; it is constituted by Ministry of Parliamentary Affairs;
membership is voluntary; maximum membership is 30 and minimum is 10 members + Committees
dissolved upon dissolution of every LS and shall be reconstituted upon constitution of each Lok
Sabha.
19. Note: Attorney General and Vice President can be members of the Parliamentary committees.

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CHAPTER 25: PARLIAMENTARY FORUMS

• The first Parliamentary Forum on Water Conservation and Management was constituted in the year
2005.
• At present, there are eight Parliamentary forums
• Objectives- To provide a platform to the members to have interactions with the ministers concerned,
experts and key officials from the nodal ministries; To sensitize members about the key areas of
concern and also about the ground level situation and equip them with the latest information.
• The Speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary
Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the ex-officio
President and the Speaker is the ex-officio Co-President
• Each Forum consists of not more than 31 members (excluding the President, Co-President and Vice-
Presidents) out of whom not more than 21 are from the Lok Sabha and not more than 10 are from
the Rajya Sabha.
• Duration: coterminous with their membership in the respective Houses.
• The President of forum appoints a member-convener for each forum; meetings of forums are held
time to time, as may be necessary, during Parliament sessions.

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CHAPTER 26: PARLIAMENTARY GROUP

1. Composition of Indian Parliamentary Group (IPG)

• It is an autonomous body formed in 1949 in pursuance of motion adopted by Constituent
Assembly.
• Membership open to all members of Parliament.
• Former members of Parliament can also become associate members of the group.
• Associate members not entitled to representation of meetings of IPU and CPA.
• The Speaker of the Lok Sabha is the ex officio president of the Group.
• The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are the ex
officio vice-presidents of the Group.
• The Secretary General of the Lok Sabha acts as the ex officio Secretary-General of the Group
2. Functions of Indian Parliamentary Group
• Link between the Indian Parliament and other parliaments throughout the world. Under the aegis
of the IPG, visiting chiefs of state and governments of foreign
• The Indian Parliamentary Delegations may only include members of the Parliament Group who
have served for at least six months at the time of the delegation's formation.

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CHAPTER 27: SUPREME COURT

1. Introduction: The Indian constitution has established an integrated judicial system with the
Supreme court at the top and high courts below it. SC was inaugurated on January 28, 1950;
succeeded Federal court of India established under GOI act, 1935. It replaced British Privy Council
in 1950.
2. Constitutional Provisions: Article 124 to 147 in Part V of the constitution deals with organization,
independence, jurisdiction, powers, and procedures. The Parliament is also authorized to regulate
them.
3. Parliament cannot curtail jurisdiction of SC, however parliament can extend the Jurisdiction of SC.
4. SC is the custodian of the constitution of India.
5. Organization of Supreme Court: Originally the strength of the Supreme Court was fixed at eight
(one chief justice and seven other judges) + In 2019, the center notified an increase in the number
of Supreme Court judges from thirty-one to thirty-four (34), including CJI.
6. Appointment of Judges
• The judges of the Supreme Court are appointed by the president
• The chief justice is appointed by the president after consultation with such judges of the Supreme
Court and high courts as he deems necessary.
• The other judges are appointed by president after consultation with the chief justice and such
other judges of the Supreme Court and the high courts
• The consultation with the chief justice is obligatory in the case of appointment of a judge other
than the Chief justice.
• 1st judges case (1982): Consultation does not mean concurrence.
• 2nd judges case (1993): Consultation means concurrence; advice tendered by CJI is binding on
President in matters of appointment of judges of SC + CJI should consult two of his senior most
colleagues + Senior most judge of SC should alone be appointed to the office of CJI.
• 3rd judges case (1998): Consultation of plurality judges + CJI should consult a collegium of
four seniormost judges of SC.
7. Qualification of Judges: citizen of India + should have been a judge of a High Court for 5 years or
should have been an advocate of a High Court for 10 years or should be a distinguished jurist in the
opinion of the president. Note: Constitution has not prescribed a minimum age for appointment as
a judge.
8. Oath: Before the President
• true faith and allegiance to the Constitution of India;
• uphold the sovereignty and integrity of India;
• to duly and faithfully and to the best of his ability, knowledge and judgement to perform the
duties of the Office without fear or favour, affection or ill-will; and
• to uphold the Constitution and the laws.
9. Tenure of Judges
• Constitution has not fixed the tenure of a judge of the Supreme Court.
• holds office until he attains the age of 65 years (question regarding age determined by
parliament)
• He can resign his office by writing to the President (Note: not CJI)
• He can be removed from his office by the President on the recommendation of the Parliament:
Grounds: Misbehavior and incapacity.
10. Removal of Judges- Judges Enquiry act (1968) regulates the Procedure:

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• A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the
case of Rajya Sabha)
• The Speaker/Chairman may admit the motion or refuse to admit it.
• If admitted: 3 member committee of 3 judges of the Supreme Court and a distinguished jurist
is constituted by Speaker/Chairman.
• After the motion is passed by each House of Parliament by special majority, an address is
presented to the president for removal of the judge.
• no judge of the Supreme Court has been impeached so far.
• Parliament is empowered to regulate the procedure for the investigation and proof of such
misbehavior or incapacity.
• A judge may be removed from his office only by an order of the president.
11. Salaries and allowances
• The salaries, allowances, privileges, leave and pension of the judges of SC are determined from
time to time by the Parliament.
• They cannot be varied to their disadvantage after their appointment except during a financial
emergency.
• Retired Chief Justice and judges are entitled to 50% of their last drawn salary as monthly
pension.
12. Acting Chief Justice: The President can appoint a judge of the Supreme Court as an acting Chief
Justice of India; when Office is vacant/ CJI is absent/ CJI is unable to perform the duties.
13. Ad hoc Judge- When there is a lack of quorum of the permanent judges to hold or continue any
session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an
ad hoc judge of the Supreme Court for a temporary period.
14. Retired Judge- At any time, the chief justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period.
Such a judge is entitled to such allowances as the President may determine.
15. Seat of Supreme Court: Designated under the Constitution as Delhi. It also empowers the Chief
Justice to appoint another location or location as the Supreme Court's seat; only with the President's
approval can he/she decide in this regard + provision is only optional and not compulsory.
16. Procedure of the court
• With the President's consent, SC can issue rules that govern the court's general practice and
procedure.
• A bench of at least five judges decides on constitutional cases or references brought by the
President under Article 143.
• The verdicts are handed down in open court.
• All decisions are made by a majority vote, but judges can provide opposing judgments or
opinions if they disagree.
17. Independence of Supreme court
• Federal court; highest court of appeal; guarantor of fundamental rights of citizens and guardian
of the constitution.
• Judges can be removed by President only on grounds mentioned in constitution.
• Salaries of judges determined from time to time by Parliament.
• Salaries, allowances and pensions of judges and staff as well as admin. expenses of SC are
charged on Consolidated Fund of India: Non-votable by Parliament.
• Conduct of judges cannot be discussed except when an impeachment motion is under
consideration of Parliament.
• Ban on practice after retirement
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• Power to punish for its contempt

• Freedom to appoint its staff and prescribe their conditions of service.
• Parliament is not authorized to curtail the jurisdiction and powers of SC. However, Parliament
can extend the same.
• Separation from Executive
18. Jurisdiction and Powers of Supreme court
• Original jurisdiction (Article 131): As a federal court, SC decides disputes between different
units of Indian federation - the Centre and one or more states; or the Centre and any state or
states on one side and one or more states on the other; or between two or more states. In the
above federal disputes, the Supreme Court has exclusive original jurisdiction.
o Jurisdiction does not extend to:
§ A dispute arising out of any pre-Constitution treaty, agreement, covenant,
§ A dispute arising out of any treaty, agreement, etc.,which specifically provides that the
said jurisdiction does not extent to such a dispute.
§ Inter-state water disputes.
§ Matters referred to the Finance Commission.
§ Adjustment of certain expenses and pensions between the Centre and the states.
§ Ordinary dispute of Commercial nature between the Centre and the states.
§ Recovery of damages by a state against the Centre.
§ Any suit brought before SC by a private citizen against the Centre or State cannot be
entertained under this.
• Writ Jurisdiction
o The Supreme Court has original jurisdiction in the sense that an aggrieved citizen can
directly go to the Supreme Court, not necessarily by way of appeal.
o Not exclusive: HCs are also empowered to issue this.
o SC can issue writ only for enforcement of FR
• Appellate Jurisdiction
o It enjoys a wide appellate jurisdiction which can be classified under four heads:
§ Appeals in constitutional matters.
§ Appeals in civil matters.
§ Appeals in criminal matters.
§ Appeals by special leave.
• Appeal by Special leave: SC is authorized to grant in its discretion special leave to appeal from
any judgement in any matter passed by any court or tribunal in the country (except military
tribunal and court martial) + This power of the Supreme Court under Article 136 is discretionary
and Court may or may not allow special leave to appeal to any person + As per the Civil
Procedure Code and the Supreme Court Rules, any person aggrieved by judgment can file a
review petition + It would ordinarily be entertained without oral arguments by lawyers
• Advisory Jurisdiction
o The Constitution (Article 143) authorizes the president to seek the opinion of the
Supreme Court in the two categories of matters: (a) On any question of law or fact of public
importance which has arisen or which is likely to arise (Supreme Court may tender or may
refuse to tender its opinion to the president) (b) On any dispute arising out of any pre-
constitution treaty, agreement.
o In first case, SC may tender or refuse to tender its opinion to president; in second case: SC
must tender its opinion to the President.

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• Court of Record: All the proceedings of the Supreme Court are recorded and assume the form
of case law. Such decisions are binding on all courts in India.
19. Other Powers
• It decides disputes regarding election of President and Vice-President : original, exclusive and
final authority.
• Enquires into conduct and behavior of chairman and members of UPSC on reference made by
President. The advice tendered by SC in this regard is binding on President.
• Ultimate interpreter of the constitution.
• Power of judicial superintendence and control over all the courts.
• SC jurisdiction w.r.t matters in Union list can be enlarged by the Parliament.
20. Supreme Court Advocates
• Senior Advocates
• Designated as senior advocates by the supreme court of India or by any High Court.
• not entitled to appear without an Advocate-On-Record in the Supreme Court or without a
junior in any other court or tribunal in India.
• Advocates on Record
o Only these advocates are entitled to file any matter or document before the Supreme Court.
o They can also file an appearance or act for a party in the Supreme Court.
• Other Advocates
o These are advocates whose names are entered on the roll of any State Bar
Council maintained under the Advocates Act, 1961 and
o they can appear and argue any matter on behalf of a party in the Supreme Court but they
are not entitled to file any document or matter before the Court.

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CHAPTER 28: JUDICIAL REVIEW

1. Introduction: Judicial review is the power of the judiciary to examine the constitutionality of
legislative enactments and executive orders of both the Central and State governments.
a. Doctrine of judicial review originated and developed in USA.
b. Supreme Court has declared the power of judicial review as a basic feature of the
Constitution or an element of the basic structure of the Constitution
c. Though ‘Judicial Review’ has nowhere been used in Constitution, the provisions of
several Articles explicitly confer the power of judicial review on Supreme Court and
High Courts: Article 13, 32, 131, 132 133, 134, 134-A, 135, 136, 143, 226, 227, 245,
246, 251 and 372.
d. The scope of judicial review in India is narrower than what exists in USA, though the
American Constitution does not explicitly mention the concept of judicial review in any
of its provisions.
e. This is because, the American Constitution provides for ‘due process of law’ against that
of ‘procedure established by law’ which is contained in the Indian Constitution
2. Judicial Review in Ninth Schedule
• Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged
and invalidated on the ground of contravention of any of the Fundamental Rights
• Article 31B along with 9th Schedule was added by 1st Constitutional Amendment Act, 1951.
• I.R. Coelho case (2007): Supreme Court ruled that there could not be any blanket immunity
from judicial review of laws included in the Ninth Schedule.
• It was on April 24, 1973, that Supreme Court first propounded doctrine of ‘basic structure’ or
‘basic features’ of the constitution in its landmark verdict in the Kesavananda Bharati case.
3. Judicial doctrines
• Doctrine of Basic Feature: It refers to the judicial idea that some fundamental elements of the Indian
Constitution cannot be changed or eliminated through parliamentary amendments.
• Doctrine of Harmonious construction: It says that in order to avoid any inconsistencies or
repugnancies, a statute's provisions should not be understood or construed in isolation but rather as a
whole.
o Eg, in CIT v. Hindustan Bulk Carriers, SC said that courts must interpret conflicting laws in a way
that harmonises them to avoid a conflict over incompatible clauses.
• Doctrine of Pith and Substance: It resolves conflict between the different subjects in different lists and
to resolve the inconsistency between laws made by the Centre and the State Legislature.
• Doctrine of Colourable Legislation: When a Legislature lacks the authority to directly establish laws
on a subject but yet does so, the Doctrine of Colourable Legislation comes into play.
• Doctrine of Severability: It states that just the offending section of a statute, not the entire statute, shall
be found invalid by the court when a specific provision of a statute violates or conflicts with a
constitutional provision.
• Doctrine of Territorial Nexus: It states that state laws are only applicable within their own borders
when there is a close enough connection between the state and the object in question.
• Doctrine of separation of powers: It states that the three organs of the government, the executive, the
legislature and the judiciary have separate functions and powers, and one organ does not interfere in the
functioning of the others.
• Doctrine of judicial Review: The power of judiciary to interpret law and annul legislation that conflicts
with the constitution is referred to as the Doctrine of Judicial Review.

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CHAPTER 29: JUDICIAL ACTIVISM AND PUBLIC INTEREST

LITIGATION

1. Judicial activism denotes the proactive role played by the judiciary in the protection of the rights
of citizens and in the promotion of justice in the society.
2. The concept of judicial activism originated and developed in USA. Term was coined by Arthur
Schlesinger.
3. In India, the doctrine of judicial activism was introduced in mid1970s. Justice V.R. Krishna Iyer,
Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai
4. Public Interest Litigation
• Originated in USA in 1960s.
o Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of
PIL. PIL is also known variously as Social Action Litigation (SAL), Social Interest
Litigation (SIL) and Class Action Litigation (CAL)
o In 1998, the Supreme Court formulated a set of guidelines to be followed for entertaining
letters or petitions received by it as PIL. These guidelines were modified in 1993 and 2003.
o Public interest litigation is not defined in any statute or in any act + The expression has been
borrowed from American jurisprudence,
o Matters which are entertained under PIL are: Bonded Labour matters + Neglected
Children + Non-payment of minimum wages to workers and exploitation of casual workers
+ Atrocities on women + Environmental pollution and disturbance of ecological balance +
Food adulteration + Maintenance of heritage and culture
o Matters not entertained under PIL: Landlord-Tenant matters; service matter and those
pertaining to pension and gratuity; admission to medical and other educational institution;
petitions for early hearing of cases pending in HCs and Subordinate courts.

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CHAPTER 30: GOVERNOR

1. Introduction: Articles 153 to 167 in Part VI of the constitution deals with the state executive. The
state executive consists of governor, chief minister, the council of Ministers and advocate-general
of the state. The governor is the chief executive head of the state. Constituent assembly accepted
Canadian model in this regard.
2. 7th constitutional amendment act (1956): Appointment of same person as a governor for two or
more states.
3. Appointment of Governor
• Article 165: Authorizes the President to appoint the Governor of State by warrant under his
hand and seal for a five-year term.
• SC: Office of Governor is not an employment under central government; it is an independent
constitutional office and not subordinate to central government.
4. Reasons for system of presidential nomination rather than direct elections of governor :
Nominated governor would encourage centripetal tendencies + Directly elected Governor would be
a partymen instead of being impartial + Conflicts between CM and governor may arise if both are
elected + No point in spending money on governor who is only a symbolic figure
5. Qualifications
• Constitution: Citizen of India; completed 35yrs.
• Conventions: Outsider (Sarkaria Commission) + President required to consult CM of the state
concerned while appointing the governor.
6. Conditions of Office
• Not member of either house
• No office of profit
• When same person appointed as governor for two or more states: emoluments shared by states
as determined by President.
• immune from criminal proceeding (even if personal)-No criminal proceeding during term.
• 2 months-notice in civil proceedings during term
• Oath- Administered by Chief Justice of concerned state high court and in his absence, the senior-
most judge of that court available.
7. Term of Governor’s office
• Term: 5yrs; subjected to pleasure of President (‘Pleasure’-NOT under Judicial Review).
• Governor can hold office beyond his term of five years until his successor assumes charge.
• Chief justice of HC may be appointed temporarily if office vacant
• Governor has no security of tenure
• No ground specified for removal of governor
• Transfer of governors done by president
• Reappointment of the same person as Governor in same state is possible.
• BP Singhal Vs Union of India (2010): Supreme Court said that : President has the power to
remove a Governor at any time without giving him or her any reason + However, this power
cannot be exercised in an arbitrary, capricious or unreasonable manner + should only be
exercised in rare and exceptional circumstances for valid and compelling reasons
8. Powers of Governor
• Executive powers: All executive actions in his name + make rules for convenient transaction
of business of state government + Appoints CM and other ministers + Appoints tribal welfare

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minister in Chattisgarh, Jharkhand, Madhya Pradesh and Odisha + Appoints advocate general
of state + Appoints State Election commissioner + Appoints chairman and members of State
public service commission (they can be removed only by President) + Chancellor of Universities
in the state; appoints vice-chancellors of universities in the state. + Consulted by the president
in appointment of judges of the State High Court
• Legislative powers: Summon/prorogue/Dissolve State Legislative Assembly + Nominates-1/6
member in council from persons having special knowledge in literature, science, art, cooperative
movement and social service + Give Assent or withhold assent + return bills and also can Reserve
bills for consideration of president + Issue ordinance + Decides on question of disqualification
of members of state legislature in consultation with Election commission. [Note: Reservation of
bill for consideration of President is obligatory where the bill passed by state legislature
endangers the position of the state High court].
• Financial powers: Money Bills only with prior recommendations of governor + constitutes state
finance commission every 5 year + Make advances out of Contingency fund of State.
• Judicial powers: He/she is consulted by president while appointments of judges of HC +
Pardoning power except Death sentence + Make appointments, postings and promotions of
district judges in consultation with state high court
• Note : The governor has no emergency powers but he has the power to make a report to the
president whenever he is satisfied that government of the state cannot be carried on in
accordance with the provisions of the constitution.
9. Veto Powers
• Ordinary Bills: 4 alternatives- Assent, withhold, return and reserve bill.
• Money Bills: 3 alternatives- He can not return Bill for reconsideration
• If Money Bill Reserved by Governor for President then president has 2 options- Assent the bill
or withhold assent.
• President cannot Return Money Bill for reconsideration of state legislature (as in the case of
Parliament).
10. Ordinance making power
• Co-extensive with legislative power of the state legislature.
• Not a discretionary power: Promulgate or withdraw ordinance only on advice of CoM.
• Promulgate ordinance when both or either of house not in session in case of Bicameral
• Only when he is Satisfied to take action (44th Amendment act: Satisfaction is under Judicial
Review)
• Ordinance making power of president is Coextensive with parliament but not parallel
• ordinance making power of Governor is not Discretionary power
• President can instruct Governor on Ordinance Making in three cases: Bill containing provisions
which require previous sanction of President + Deemed necessary to reserve a bill containing
same provisions for consideration of President + If act of SL would have been invalid without
President’s assent.
• All ordinances issued by President must be approved by parliament within 6 weeks after its
reassembly.
11. Pardoning Power
• Pardon, commute, reprieve, respite, suspend convicted of any offense against State Laws
• No pardon for Death Sentence; but governor can suspend ,Remit, Commute Death sentence.
• Recently, the Supreme Court (SC) held that the Governor’s power to pardon overrides Section
433A of Code of Criminal Procedure (CrPC).
12. Constitutional Position of Governor

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• Governor is a nominal executive

• 42nd CAA: Ministerial advice made binding on President but no such provision has been made
with respect to the Governor.
• Discretionary powers: Reservation of Bills for president’s consideration + Recommend
President’s Rule + administration of Adjoining UT + Seeking information from Chief
minister(CM) regarding administrative and legislative policies + establishment of separate
Development Board MH, Gujarat ,Assam, Nagaland, Manipur, Sikkim, Arunachal Pradesh,
Karnataka.
13. Important facts
• The judges of High court are appointed by President and not governor.
• Governor appoints Chairman and members of SPSC. But they are removed only by the
President.
• Governor appoints State Election commissioner but he can be removed only in like manner as a
judge of High court.

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CHAPTER 31: CHIEF MINISTER

1. Introduction: Chief Minister is the real executive authority (de facto executive).
2. Appointment
• Constitution does not contain any specific procedure for selection and appointment of CM.
• Article 164: Chief Minister shall be appointed by the governor.
• The form of oath of office and secrecy for the Chief Minister is similar to that for any state
minister.
• Conventions: A leader of the party that has got the majority share of votes in the assembly
elections, is appointed as CM.
• In case of no party has a clear majority in the assembly, then the Governor may exercise his
personal discretion in the selection and appointment of the CM.
o If the ruling party elects a new leader after the death of an incumbent CM, the Governor
must appoint him as CM.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six
months, within which time, he should be elected to the state legislature, failing which he ceases
to be the Chief Minister.
3. Term of Chief Minister
• Not fixed and he holds office during the pleasure of the governor.
• He cannot be dismissed by the governor as long as he enjoys the majority support.
• Salary and allowances of the CM are determined by State legislature.
4. Powers and Functions
• With Respect to Council of Ministers: Ministers appointed by Governor as recommended by
CM + allocates and reshuffles the portfolios among ministers + bring about the collapse of
the CoM by resigning from office, since the Chief Minister is the head of the council of
ministers.
• With respect to Governor: Article 167: Chief Minister acts as a link between the Governor
and state council of ministers + CM advises the Governor regarding the appointment of advocate
general, chairman and members of the State Public Service Commission, State Election
Commission, etc.
• With Respect to State Legislature: All policies are announced by him on the floor of the house
+ recommends dissolution of legislative assembly to the Governor.
• With respect to Cabinet: CM constitute cabinet and allocates portfolios + He summons cabinet
meeting and also decides agenda of meeting.
• Other Functions: Chairman of the State Planning Board + acts as a vice-chairman of the
concerned zonal council by rotation, holding office for a period of one year at a time + member
of the Inter-State Council and the Governing Council of NITI Aayog, both headed by PM +
chief spokesman of the state government + crisis manager-in-chief at the political level during
emergencies + political head of the services + Chairperson of State Disaster Management
Authority (SDMA)
5. Relationship with Governor
• Article 163: There shall be CoM with CM as head to aid and advice the governor.
• Article 164: CoM shall be collectively responsible to legislative assembly of the state.
• Article 167: It shall be duty of CM to communicate to governor of state all decisions of CoM
relating to administration of affairs of state.

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CHAPTER 32: STATE COUNCIL OF MINISTER

1. Introduction: The CoM headed by Chief Minister is the real executive authority in the politico-
administrative system of a state + Article 163 deals with status of CoM + Article 164 deals with
appointment, tenure, responsibility, qualifications, oath and allowances of ministers.
2. Article 163: Council of Ministers to aid and advise Governor + if any question arises whether a
matter falls within Governor’s discretion or not, decision of governor shall be final + The advice
tendered by Ministers to the Governor shall not be inquired into in any court.
3. Article 164: Other provisions as to Ministers:
• CM and other Ministers (on the advice of CM) shall be appointed by Governor and the other
Ministers shall be appointed by the Governor on the advice of CM.
• Ministers shall hold office during the pleasure of the Governor.
• The no. of ministers including CM in a state shall not be less than 12
• (91st CAA 2003) Number of ministers, including the Chief Minister, in COM shall not exceed
15 per cent of the total strength of the legislative assembly + Number of ministers, including the
chief minister shall not be less than 12
• A member of either House of state legislature belonging to any political party who is disqualified
on the ground of defection shall also be disqualified to be appointed as a minister.
• C.O.M shall be collectively responsible to the State Legislative Assembly.
• A minister not a member of the state legislature for six consecutive months: cease to be a
minister.
• Salaries and allowances of Ministers are determined by state legislature.
• In Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of
tribal welfare [94th CAA freed Bihar from obligation].
4. Article 166: Conduct of Business of the Government of a State
o All executive action of the Government of a State shall be expressed to be taken in the name of
the Governor.
o makes rules for the more convenient transaction of the business of the government of the state,
and for the allocation among ministers of the said business.
5. Article 167: Duties of Chief Minister
• To communicate to the Governor of the state all decisions of the council of ministers relating to
the administration of the affairs of the state.
• To furnish such information relating to the administration of the affairs of the state.
6. Article 177: Rights of Ministers as Respects the houses
• right to speak and take part in the proceedings of the Assembly (and also the Council where it
exists) and any Committee of the State Legislature of which he may be named a member [not
be entitled to vote].
7. Nature of advice by Ministers
• The nature of advice tendered by ministers to the Governor cannot be enquired by any court.
• SC: CoM must always exist to advise the governor even after dissolution of state legislative
assembly or resignation of CoM.
8. Salaries and allowances of Ministers: are determined by State legislature from time to time.
9. Dismissal of a Ministers
• A Minister hold office during the pleasure of Governor. Actually, this pleasure is the consent of
Chief Minister.

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• It is the Chief Minister who select the members of his team. This power is given to the Chief
Minister to uphold the Collective Responsibility in the legislature.
• No person shall be retained as a member of council, if the Chief Minister want to dismiss a
sitting member.
• If he loses elections.
• Cannot gets elected or nominated (in case of Legislative Council) within 6 months.
10. Collective responsibility
• Article 164 – Council of ministers is collectively responsible to the legislative assembly of the
state for all their acts of omission and commission.
• They work as a team and swim or sink together.
• When No – Confidence Motion passed: all the ministers have to resign including those ministers
who are from the legislative council.
• Cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the
cabinet meeting.
11. Individual responsibility
• Article 164 – also contains the principle of individual responsibility.
• The ministers hold office during the pleasure of the Governor.
• the Governor can remove a minister only on the advice of the Chief Minister.
12. No legal responsibility
• in India there is no provision for the system of legal responsibility of a minister.
• It is not required that an order of the governor for a public act should be countersigned by a
minister.
• courts are barred from enquiring into the nature of advice rendered by the ministers to the
Governor.
• In Britain, every order of the King for any public act needs to be countersigned by a minister.
13. Composition of Council of Ministers
• Constitution does not specify size of state CoM or ranking of ministers; they are determined by
Chief Minister.
• Cabinet Ministers, Ministers of state and deputy minister.
• Ministers of state are not members of cabinet and do not attend cabinet meetings unless specially
invited.
14. Cabinet committees
• The cabinet works through various committees called cabinet committees.
• They are of Two Types: Standing committees – permanent nature + Ad Hoc – temporary nature.
• set up by the Chief Minister according to the exigencies of the time and requirements of the
situation.
• the cabinet can review their decisions.

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CHAPTER 33: STATE LEGISLATURE

1. Introduction: Articles 168 to 212 in Part 6 of the constitution deal with organization, composition,
duration, privileges and so on of the state legislature. State legislature consist of a governor +
legislative assembly (Vidhan Sabha) + legislative council (Vidhan Parishad) (in case of bicameral).
2. Organization of State legislature
• 6 states with Bicameral Legislature: Andhra Pradesh, Telangana, Maharashtra, Karnataka, Uttar
Pradesh, Bihar.
• Article 169: Parliament can abolish a Legislative Council or create it, if the legislative assembly
of the concerned state passes a resolution by Special Majority + not to be deemed as an
amendment of the Constitution for the purposes of Art. 368.
3. Composition of Assembly
• Representatives directly elected on the basis of universal adult franchise.
• Maximum strength: 500, Minimum strength:60.
• Arunachal P., Sikkim, Goa-Min strength-30
• Some members of Sikkim & Nagaland- indirectly elected.
4. Readjustment after each census
• Readjustment in the total number of seats in the assembly and division of each state in territorial
constituencies.
• The Parliament is empowered to determine the authority and its manner.
5. Reservation of seats for SCs and STs
• Based on their population ratios.
• 104th CAA: reservation extended for another 10 years till 2030.
• SCs & STs reservation only in Lok Sabha and State Assemblies and not in Rajya Sabha and
State Legislative Council.
6. Composition of Council
o Strength: Max strength is 1/3rd of total strength of assembly + Min strength: 40 + Members are
indirectly elected + actual strength is fixed by Parliament.
o Manner of Election
o 1/3: by the members of the local bodies like municipalities, district board etc.
o 1/3: by members of Legislative Assembly.
o 1/12: by graduates of three years standing & residing in the state.
o 1/12: teachers of three years standing in the state, not lower in standard than secondary
school.
o 1/6 Nominated by the Governor having knowledge in Cooperative Movement, Literature,
Arts, Social Service, Science.
o Members other than nominated are elected in accordance with the system of proportional
representation by means of single transferrable vote.
o 5/6 of the total number of members of a legislative council are indirectly elected.
• Duration of Assembly: Continuing chamber + 1/3rd members retire on the expiration of every
second year + Retiring members are eligible for re-election and re-nomination by the Governor.
7. Membership of State legislature
• Qualifications:
• Constitution: Citizen of India + Subscribe to oath before person authorized by Election
commission + Not less than 30 years for Legislative Council + Not less than 25 years for
legislative assembly + other qualifications prescribed by Parliament.

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• RPA, 1951: To be elected to Legislative Council, he must be an elector for the assembly
constituency in that state & to be nominated by the governor, must be a resident that state + To
be elected to the Legislative Assembly, must be an elector for the assembly constituency in that
state + SC/ST member can contest a seat not reserved for them.
• Disqualifications
o Constitution: Office of Profit, unsound mind, undischarged insolvent, not a citizen of India,
disqualified under any law made by Parliament. Governor’s decision is final and he should
obtain the opinion of ECI
o RPA 1951: Not been convicted for any offence resulting in imprisonment for two or more
years + must not be a director or managing agent not hold office of profit in a corporation in
which government has atleast 25% share + must not been punished for preaching social
crimes.
o Defection: Disqualification under 10tth schedule is decided by the Chairman in case of
Legislative Council & Speaker in case of Legi. Assembly + Kihota Hollohan vs. Zachilhu
Case: decision of Chairman/Speaker is subject to judicial overview.
8. Oath or Affirmation: Without taking oath, he cannot vote and participate in the proceedings of the
house and no privileges & immunities are available.
9. Vacation of Seats
• Double Membership: Cannot be a member of both the houses at same time. One seat becomes
vacant as per the law made by state legislature.
• Disqualification: As per Constitution or RPA 1951 or Tenth Schedule.
• Resignation: Resign letter to Chairman of Council or Speaker of Assembly as per the case.
• Absence: If he is absent for 60 days without permission of the house.
• Other cases: Election declared void by the court, expelled by the house, elected as President or
VP, appointed as governor.
10. Speaker and Deputy speaker of assembly
• Elected by the assembly from amongst its members. Remains in office during the life of the
assembly.
• Election of Deputy Speaker takes place after the election of Speaker.
• Vacation of office: If he ceases to be a member of the assembly + Speaker Resigns by writing
to the deputy speaker and vice versa + Removed by the resolution passed by a majority of all
the then members of the assembly.
• Such resolution can be moved only after giving 14 days advance notice.
11. Powers and Duties of Speaker
• Maintains order & decorum of assembly
• Final interpreter of Constitution, rules of procedure and conduct of business of assembly,
legislative precedents within the assembly.
• Adjourns the assembly or suspends the meeting in the absence of quorum.
• Does not vote in first instance. Vote in case of tie.
• Allows secret sitting of the house at the request of the leader of the house.
• Whether a bill is money bill or not is decided by speaker and his decision is final.
• Appoints the chairman of all committees of the assembly.
• Speaker is a chairman of the Business Advisory Committee, Rules Committee and General-
Purpose Committee.
12. Panel of Chairman
• Members are nominated by the Speaker.

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• Member of Panel presides over sitting if both speaker & deputy speaker are absent from the
sitting.
• Member of the Panel cannot preside over sitting if both seats of speaker & deputy speaker are
vacant.
13. The salaries of the Speaker and the Deputy Speaker of the assembly are fixed by the state
legislature; charged on the Consolidated Fund of the State.
14. Deputy Chairmen performs duties of Chairman when it is vacant or Chairman is absent from the
sitting.
15. The salaries and allowances of the Chairperson and the Deputy Chairperson of the Council are fixed
by the state legislature. They are charged on the Consolidated Fund of the State.
16. Sessions of State Legislature
§ Summoning: Governor summons from time to time + Max gaps between two sessions: not more
than 6 months.
§ Adjournment: Suspends the work in sitting for a specified time which may be hours, days or
weeks + Adjournment sine die à terminating a sitting for an indefinite time.
§ Prorogation: After adjournment sine die, governor issues notification for prorogation. This
means completion of current session.
§ Dissolution: Dissolution ends the life of the existing house.
§ Quorum: Ten members or one-tenth of total number of members of house (including presiding
officer).
17. Language in State legislature
o Language for transacting business in legislature to be official languages of the state or Hindi or
English.
o Presiding officer can permit the member to address the house in his mother tongue.
o State legislature authorized to decide whether to continue or discontinue English as floor
language after completion of 15 years from the commencement of the Constitution.
18. Legislative procedure in State legislature
• Bill in second house: Pass without amendments + Pass with amendments and return it to
assembly for reconsideration + Reject the bill altogether + May not any action & keep it pending
for 3 months + Ultimate power to pass the law lies with the assembly and council can keep it
pending for max 4 (3 + 1) months + Constitution does not provide for joint sitting to resolve the
disagreement over the bill.
• Assent of Governor: If bill returned by the Governor is again passed by the house with or
without amendments then governor must give his assent (Governor has only suspensive veto).
• Assent of President: If the bill returned by the President for reconsideration of the house then
the house must reconsider it within 6 months + not mentioned in the Constitution that whether
it is obligatory on the President to give assent or not to such reconsidered bill.
19. Money bills
• Introduction: Cannot be introduced in Council + Can only be introduced in Assembly on the
recommendation of Governor + Can only be introduced by minister as it is government bill.
• Legislative Council cannot reject or amend a money bill; only make recommendations and must
return the bill within 14 days + If the Council does not return the bill in 14 days: bill considered
as passed by both the houses in the original form.
• Governor cannot return the bill for the reconsideration of the house.
• If the money bill is reserved for consideration of the president, President cannot return the bill
for the reconsideration of the House.
20. Position of Legislative council

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• Equal with Assembly

o Introduction & passage of ordinary bills. But in case of disagreement, the will of assembly
prevails over council.
o Approval of ordinances issued by Governor (A. 213).
o Selection of ministers including CM. [Note: Ministers are responsible only to assembly
irrespective of their membership].
o Enlargement of the jurisdiction of state public service commission.
• Unequal with Assembly
o Council cannot amend or reject the money bill.
o final power of passing ordinary bills lies with the assembly. The council can delay the bill
for maximum 4 months (3 + 1).
o only discuss the budget but cannot vote on demands.
o cannot remove CoM by passing a no-confidence motion.
o does not participate in the election of the president and representatives of the state in the
Rajya Sabha.
o does not have effective say in the ratification of a constitutional amendment bill and will of
assembly prevails over council.
o It can be abolished by the parliament on the recommendation of the assembly.

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CHAPTER 34: HIGH COURT

1. Introduction
• Articles 214 to 231 in Part VI deal with the organisation, independence, jurisdiction, powers of
the HC.
• Institution of HC originated in 1862 when HCs set up at Calcutta, Bombay and Madras; fourth
HC at Allahabad in 1866.
• Constitution provides for a HC for each state, but 7th amendment act (1956) : Parliament to
establish a common HC for two or more states or for two or more states and a union territory.
• Delhi is the only UT that has a HC of its own since 1966.
• The UTs of Jammu and Kashmir and Ladakh have a common high court.
• Calcutta High Court is the oldest HC in India
2. Constitutional position of High court
o Constitution gives it jurisdiction over revenue matters (did not enjoy in the pre-constitution era).
o Territorial jurisdiction of a HC is co- terminus with the territory of a state.
o Parliament can extend the jurisdiction of a HC to any UT or exclude the jurisdiction of a HC
from any UT.
3. Organization of High court and Appointment of Judges
• Constitution does not specify strength of a HC; President determines the strength of HC from
time to time [Note: Parliament determines strength in case of SC].
• Judges appointed by the President.
• Chief justice is appointed by the President after consultation with CJI and the governor of the
state concerned.
• Other judges of HC – Chief Justice of the concerned HC is also consulted.
• Third Judges case (1998) –> in case of the appointment of HC judges, the CJI should consult a
collegium of two senior-most judges of the SC.
• Fourth Judges case (2015) –> declared both the 99th CAA and NJAC Act as unconstitutional
and void.
4. Qualification of Judges
• Citizen of India + held a judicial office for ten years + advocate of a high court (or high courts in
succession) for ten years.
• no provision for appointment of a distinguished jurist as a judge of HC.
5. Oath: Before the governor of the state
6. Tenure
o Constitution has not fixed the tenure of a judge of a high court.
o holds office until he attains the age of 62 years
o He can resign his office by writing to the president
o He can be removed from his office by the President on the recommendation of the Parliament.
Grounds: Misbehavior and incapacity.
7. Removal of High Court Judges
• Same manner and on the same grounds as a judge of the Supreme Court.
• Can be removed from his office by an order of the President on recommendations of parliament:
address supported by special majority of each House of Parliament.
• Governed by The Judges Enquiry Act (1968)
• removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is to be
given to the Speaker/Chairman.

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• If admitted: Speaker/ Chairman constitute a three-member committee - The chief justice or a

judge of the Supreme Court, The Chief justice of a high court, and a distinguished jurist.
• After motion is passed by special majority, an address is presented to the president for removal
of the judge.
• no judge of a high court has been impeached so far.
8. Transfer of judges: (Article 222) President can transfer a judge from one high court to another after
consulting the CJI + should be considered (consulted) by the CJI and the four senior most Judges of
the Supreme Court + On transfer, entitled to addition to his salary such compensatory allowance as
determined by Parliament +:The initiation of the proposal for the transfer of a Judge should be made
by the Chief Justice of India (CJI) + Taking into account the views of the Chief Justice of the High
Court from which the Judge is to be transferred and Chief Justice of the High Court to which the
transfer is to be affected
9. Salaries and Allowances
• Determined from time to time by the Parliament.
• They cannot be varied to their disadvantage after their appointment except during a financial
emergency(Art.360)
• Salaries charged upon “consolidated fund of state”.
• pensions charged upon “consolidated fund of India”.
10. Additional and Acting Judges
o Additional Judges: Appointed by President for a temporary period not exceeding 2 years.
o Acting Judges: President appoint a duly qualified person as an acting judge of a HC when a
judge of that high court (other than the chief justice) is:
o Unable to perform the duties of his office due to absence or any other reason; Appointed
to act temporarily as chief justice of that high court.
o Holds office until the permanent judge resumes his office.
• Both additional or acting judge cannot hold office after attaining the age of 62 years.
11. Retired Judges
• Chief Justice of a HC of state can request a retired judge of that HC or any other HC to act as a
judge of the HC of that state for a temporary period.
• only with the previous consent of the President and also of the person to be so appointed.
• Such a judge is entitled to such allowances as the President may determine.
12. Independence of High court
• Appointed by President in consultation with members of judiciary itself + Security of tenure +
Fixed service conditions + Salaries/allowances of judges; salaries, allowances and pensions of
state and admn. expenses of HC are charged on consolidated fund of state + Conduct of judges
cannot be discussed; ban on practice after retirement etc.
13. Jurisdiction and Powers of High court
• Protector of FRs of the citizens.
• Jurisdiction and powers of HC are governed by: constitutional provisions + Letters Patent + Acts
of Parliament and State legislature + Indian Penal code (1860) + Criminal Procedure code (1973)
and Civil Procedure Code (1908).
• Original jurisdiction: power of a high court to hear disputes in the first instance, not by way of
appeal + mostly applicable for cases related to the election disputes of State Legislative
Assembly and parliament, marriages, enforcement of FR (Art.226), revenue matters, contempt
of court and transfer cases from other courts + Original narrower than SC (Not covers federal
disputes).
• Writ jurisdiction: Art. 226 : empowers a HC to issue writs including habeas corpus,

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mandamus, certiorari, prohibition and quo warranto for the enforcement of the FR and “for any
other purpose” (writ jurisdiction of HC wider than SC) + not exclusive but concurrent with the
writ jurisdiction of the SC (Art.32) + Chandra Kumar case (1997)– writ jurisdiction of
both the HC and SC are basic structure of the Constitution + issue writs outside its territorial
jurisdiction if the cause of action arises within its territorial jurisdiction.
• Appellate Jurisdiction: In both civil and criminal matters.
• Civil Jurisdiction: Includes orders and judgements of the district court, civil district court
and subordinate court + Calcutta, Bombay and Madras High Courts have provision for intra-
court appeals + SC: Tribunals are subject to writ jurisdiction of GCs.
• Criminal Jurisdiction: includes judgements and orders of the sessions court and additional
sessions court + The death sentence awarded by a sessions court or an additional sessions
court should be confirmed by the HC before it can be executed, whether there is an appeal
by the convicted person or not.
o Supervisory Jurisdiction
o Power of superintendence over all courts and tribunals functioning in its territorial
jurisdiction (except military courts or tribunals).
o Extends to: all courts and tribunals whether they are subject to the appellate jurisdiction of
the high court or not + administrative superintendence as well as judicial superintendence.
o It is a revisional jurisdiction; can be suo-motu.
o Control over Subordinate courts
• HC is consulted by governor in matters of appointment, posting and promotion of district
judges in the appointments of persons to the judicial service of the state (other than district
judges).
• It can withdraw a case pending in a subordinate court if it involves a substantial question of
law that require the interpretation of the Constitution.
• Its law is binding on all subordinate courts functioning within its territorial jurisdiction.
o Court of Record
o recording the judgments, proceedings and acts of HC for perpetual memory.
o admitted to be of evidentiary value and cannot be questioned when produced before any
subordinate court.
o It has power to punish for contempt of court, either with simple imprisonment or with fine
or with both.
o ‘contempt of court” defined by the Contempt of Court Act of 1971.
o HC has the power to review and correct its own judgement or order or decision, although no
specific power of review is conferred on it by the Constitution (Unlike Supreme Court).
o Power of Judicial review
• Examines constitutionality of legislative and executive actions of both the Central and state
governments.
• Phrase “judicial review” has nowhere been mentioned in the Constitution.
• Constitutional validity of legislative or executive enactments can be challenged- If
it infringes the FR (Part III) + outside the competence of framing authority +
in contravention to constitutional provisions.

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CHAPTER 35: SUBORDINATE COURTS

1. Introduction: State judiciary consists of a HC and hierarchy of subordinate courts also known as
subordinate courts. Subordinate courts function below and under the HC at district and lower levels.
2. Constitutional Provisions
o Part VI (Articles 233 to 237) of the Constitution
o Appointment of District judges: Governor, in consultation with the HC, appoints, posts, and
promotes district judges in the State. Qualifications:
• not already be in the service of the Central or the State Government.
• have been an advocate or a pleader for seven years.
• recommended by the High Court for the appointment.
• Appointment of other judges: Made by the Governor of the state after consultation with the
State Public service commission and the HC of concerned state.
• Control over subordinate courts vested in HC.
3. Structure and Jurisdiction
• Organisational structure, jurisdiction laid down by the states.
• Broadly, there are three tiers of civil and criminal courts below the HC of state.

• District judge is the highest judicial authority in the district:

possesses original and appellate jurisdiction in both civil and criminal matters.
• The district judge exercises both judicial and administrative powers + Supervisory powers over
all the subordinate courts in the district.
• Appeals against his orders and judgements lie to the HC.
• Sessions judge has the power to impose any sentence including life imprisonment and capital
punishment (death sentence).
• Capital punishment subject to confirmation by the HC, whether there is an appeal or not.
• Judicial magistrate tries criminal cases punishable with imprisonment for term up to 3 years.
4. National Legal Services Authority
• Article 39A : Free legal aid to the poor and weaker sections.
• Articles 14 and 22(1) : State to ensure equality before law and a legal system which promotes
justice on a basis of equal opportunity to all.

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• NALSA founded in 1995 under the Legal Services Authorities Act of 1987 to review
effectiveness of legal aid programs + distributes funding to state legal services authorities and
non-profit organisations to help execute legal aid systems.
• Objectives of Legal Services Authorities: Free legal aid and advice + Organise lok adalats +
Promote settlements of disputes through ADR mechanisms + compensation to victims of crime.
• Legal service institutions at various levels
o National Level: NALSA : Chief Justice of India is the Patron-in-Chief.
o State Level: State Legal Services Authority headed by the Chief Justice of the State High
Court.
o District Level: District Legal Services Authority. The District Judge of the District is its ex-
officio Chairman.
o Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee. It is
headed by a senior Civil Judge.
o High Court: High Court Legal Services Committee
o Supreme Court: Supreme Court Legal Services Committee
• Persons eligible for free legal services: Women and children + Members of SC/ST + Industrial
workmen + Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster +
Disabled persons + Persons in custody + persons whose annual income does not exceed Rs. 1
lakh (in SC legal services committee, limit is Rs. 1,25,000) + Victims of Trafficking in Human
beings or begar.
5. Lok Adalats
• The term ‘Lok Adalat’ means ‘People’s Court’ and is based on Gandhian principles; one of the
ADR mechanisms.
• First Lok Adalat camp organised in Gujarat in 1982 as a voluntary and conciliatory agency.
• Given statutory status under the Legal Services Authorities Act, 1987.
• State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services
Committee may organise Lok Adalats at such intervals and places as it thinks fit.
• Generally, it consists of a judicial officer as the chairman and a lawyer (advocate) and a social
worker as members.
• Deal with not only the cases pending before a court but also with disputes at pre-litigation stage.
• Offences which are non-compoundable under any law fall outside the purview of Lok adalat.
• Same powers as are vested in Civil court under code of civil procedure (1908).
• Power to specify its own procedure.
• All proceedings shall be deemed judicial proceedings within meaning of Indian penal code
(1860).
• Every Lok Adalat shall be deemed to be civil court for purpose of code of criminal procedure
(1973).
• An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any
other court + final and binding on all the parties to the dispute.
• No appeal shall lie to any court against the award of the Lok Adalat.
• Benefits: No court fee + no strict application of procedural laws + parties can directly interact
with the judge through their counsel which is not possible in regular courts of law + award by
the Lok Adalat is binding on the parties and it has the status of a decree of a civil court and it
is non-appealable.
6. Permanent Lok Adalats
• Legal Services Authorities Act, 1987 amended in 2002 to provide for its establishment to deal
with cases pertaining to the public utility services like transport, postal, telegraph etc.

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• Set up as permanent bodies.

• It shall consist of a Chairman who is or has been a district judge or additional district judge or
has held judicial office higher in rank than that of the district judge and two other persons having
adequate experience in public utility services.
• No jurisdiction in respect of any matter relating to offence not compoundable under any law.
• In case parties to dispute fail to reach agreement: Permanent Lok Adalats decide dispute on
merits.
• The jurisdiction of the Permanent Lok Adalats is upto Rs. 1 Crore.
• After an application is made to Permanent Lok Adalat, no party to that application shall invoke
jurisdiction of any court in the same dispute.
• Every award shall be final and binding on all the parties thereto.
7. Family Courts
• Family Courts Act, 1984 enacted for the establishment of Family Courts with a view to promote
conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and
for related matters.
• The State Government may, with the concurrence of the High Court, appoint one or more
persons to be the Judge or Judges of a Family Court.
• Obligatory on state governments to set up a Family court in every city with a population
exceeding one million.
• Parties to dispute shall not be entitled to be represented by legal practitioner.
• Provides for only one right of appeal which shall lie to the High court.
8. Gram Nyayalayas
• Gram Nyayalayas act 2008 enacted for establishment of Gram Nyayalayas at grass roots level.
• It shall be the court of Judicial Magistrate of the first class and its presiding officer
(Nyayadhikari) shall be appointed by the state government in consultation with the High court.
• established for every panchayat and intermediate level.
• mobile court and shall exercise the powers of both Criminal and Civil courts.
• The seat will be located at the headquarters of the intermediate panchayat.
• try criminal cases, civil suits, claims or disputes.
• exercise the powers of a civil court with certain modifications and shall follow the special
procedure as provided in the act.
• guided by the principles of natural justice and subject to any rule made by the High court.
• In criminal proceedings, an appeal must be filed with the Court of Session, which must decide
the case within six months.
• Appeal in civil matters shall lie to the District Court; disposed of within six months from the
date of filing of the appeal.
• person charged with committing a crime can apply for plea bargaining.

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CHAPTER 36: SPECIAL PROVISIONS FOR SOME STATES

1. Introduction: Articles 371 to 371-J in Part XXI of the constitution contain special provisions
for twelve states– viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh,
Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka + Originally, the constitution
did not make any special provisions for these states.
2. Provisions for Maharashtra and Gujarat (Article 371)
• President authorized to provide that the Governor of Maharashtra and that of Gujarat have
special responsibility for: the establishment of separate development boards for
o Vidarbha, Marathwada and the rest of Maharashtra,
o Saurashtra, Kutch and the rest of Gujarat;
o report on the working of these boards placed every year before the State Legislative
Assembly;
3. Provisions for Nagaland (Article 371-A)
• Acts of Parliament relating to these- would not apply to Nagaland unless the State Legislative
Assembly so decides:
o Religious or social practices of the Nagas; Naga customary law and procedure;
o Administration of civil and criminal justice involving decisions relate to Naga customary
law;
o Ownership and transfer of land and its resources.
• Governor have special responsibility for law and order : the Governor after consulting the
Council of Ministers, exercises his individual judgment and his decision is final + It shall cease
when the President so directs.
• A regional council of 35 members should be established for the Tuensang district.
• For ten years from formation of Nagaland or for such further period as the Governor may
specify, the administration of the Tuensang District shall be carried on by the Governor.
• Note: Members in the Nagaland Legislative Assembly from the Tuensang district are not
elected directly by the people but by the regional council.
4. Provisions for Assam (Article 371-B)
• President empowered to provide for the creation of a committee of the Assam Legislative
Assembly consisting of the members elected from the Tribal Areas of the state and such other
members as he may specify.
5. Provisions for Manipur (Article 371-C)
• President authorized to provide for the creation of a committee of the Manipur Legislative
Assembly consisting of the members elected from the Hill Areas of the state.
• The Governor should submit an annual report to the President regarding the administration of
the Hill Areas.
• Central Government can give directions to the State Government as to the administration of the
Hill Areas.
6. Provisions for Andhra Pradesh and Telangana (Article 371-D and Article 371-E)
• President role
o require the State Government to organize civil posts in local cadres for different parts of the
state + specify parts of the state which shall be regarded as the local area for admission to
any educational institution.
o establishment of an Administrative Tribunal to deal with disputes w.r.t appointment to civil
posts in the state [Function outside purview of State High court].

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o President may abolish the tribunal when he is satisfied that its continued existence is not
necessary.
• Article 371-E empowers the Parliament to provide for the establishment of a Central University
in the state.
7. Provisions for Sikkim (Article 371-F)
• 36th CAA of 1975: Sikkim a full-fledged state of the Indian Union.
• Sikkim Legislative Assembly is to consist of not less than 30 members.
• One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary
constituency.
• Parliament is empowered to provide for: Number of Seats in the Sikkim Legislative Assembly
which may be filled by candidates belonging to such sections; and Delimitation of the Assembly
constituencies.
• Governor have special responsibility for peace and for an equitable arrangement for ensuring
the socio-economic advancement of the different sections of the Sikkim population: Governor
shall act in his discretion, subject to the directions issued by the President.
• The President can extend (with restrictions or modifications) to Sikkim any law which is in force
in a state of the Indian Union.
8. Provisions for Mizoram (Article 371-G): The Mizoram Legislative Assembly is to consist of not
less than 40 members.
9. Provisions for Arunachal Pradesh (Article 371-H)
• Governor shall have special responsibility for law and order in the state.
• This special responsibility of the Governor shall cease when the President so directs.
• Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.
10. Provisions for Goa (Article 371-I): Goa Legislative Assembly is to consist of not less than 30
members.
11. Provisions for Karnataka (Article 371-J): President is empowered to provide that the Governor
of Karnataka would have special responsibility for establishment of a separate development board
for Hyderabad-Karnataka Region: report on working would be placed every year before the State
Legislative Assembly.

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CHAPTER 37: PANCHAYATI RAJ

1. Introduction: Panchayati Raj in India signifies the system of rural local self-government. It was
constitutionalized through 73rd constitutional amendment act of 1992.
2. Evolution of Panchayati Raj
• Rajasthan was the first state to establish Panchayati raj [Nagaur district], followed by Andhra
Pradesh.
• Balwant Rai Mehta committee (1957): To examine the working of Community Development
programme (1952) and National Extension service (1953).
o Establishment of three-tier panchayati raj system through a device of indirect elections.
o Village panchayat – constituted with directly elected representatives
o Panchayat samiti and zilla parishad – constituted with indirectly elected
o Panchayat samiti = executive body; zilla parishad= advisory, coordinating and supervisory
body.
o Chairman of the zilla parishad = District collector
§ Ashok Mehta committee (1977)
• Two-tier system – zilla parishad and mandal panchayat.
• Zila parishad = executive body
• Official participation of political parties at all levels of panchayat elections.
• Compulsory powers of taxation to PRIs to mobilise own financial resources.
• Regular social audit by a district level agency
• Elections should be held within six months from the date of supersession, if any.
• Nyay panchayats should be kept as separate bodies from that of development panchayats,
presided over by a qualified judge.
• Minister for panchayati raj in the state council of ministers.
• Reservation of Seats for SCs and STs on the basis of their population.
• Constitutional recognition to the PRIs.
§ GVK Rao committee (1985)
• Zilla Parishad (District level body =) should be of pivotal importance in the scheme of
democratic decentralisation.
• A post of District Development Commissioner should be created: act as chief executive
officer of the Zilla Parishad and in charge of all the development departments at the district
level.
• Regular elections to the Panchayati Raj institutions.
§ Dantawala Committee and Hanumantha Rao committee
o Basic decentralized planning function should be done at district level.
o Hanumantha rao comm.: separate district planning bodies under either dist. Collector or a
Minsiter.
o Collector should be the coordinator ay district level of all developmental and planning
activities.
§ LM Singhvi committee (1986)
• Constitutional recognition to PRI with addition of new chapter in the Constitution.
• Nyay Panchayats should be established for a cluster of villages.
• Gram Sabha = embodiment of direct democracy.
• Judicial tribunals should be established in each state to adjudicate controversies about
election to PRIs.

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• called PRIs as ‘grass without roots’.

§ Thungon committee (1988)
• Constitutional recognition to Panchayati Raj bodies.
• Three-tier system of PRIs with panchayats at the village, block and district levels.
• Zilla Parishad : pivot of planning and development agency in the district.
• Fixed tenure of five years to PRIs.
• The maximum period of super session of a body should be six months.
• Reservation of seats in all the three-tiers – SC, ST, Women.
• State finance commission should be set-up in each state.
• Chief executive officer of the Zilla Parishad- district collector.
§ Gadgil committee (1988)
o Constitutional status to PRIs
o Three-tier system of Panchayati Raj
o Fixed five years term of PRIs.
o Direct elections for members of the Panchayats at all the three levels.
o Reservation for SCs, STs and women proportionate with their population.
o PRIs should be empowered to levy, collect and appropriate taxes and duties.
o Establishment of a State Finance Commission
o Establishment of a State Election Commission for the conduction of elections.
§ 64th Constitutional Amendment Bill in the Lok Sabha in July 1989 to constitutionalise
panchayati raj institutions, couldn’t passed by Rajya Sabha. (During Rajiv Gandhi Government)
§ 64th CAA emerged as the 73rd Constitutional Amendment Act, 1992 and came into force on 24
April, 1993. (During prime ministership of P.V. Narasimha Rao)
rd
3. 73 Amendment act (1992)
• New part IX to the constitution, eleventh schedule consisting 29 functional items of the
panchayats.
• Part IX – Article 243 To Article 243 O.
• Article 40 (DPSP)- “state to organise the village panchayats and provide them powers and
authority so they can function as self-government.”
• The act gives a constitutional status to PRIs; brought them under purview of justiciable part of
the constitution.
• The act has two parts: Compulsory provisions must be added to state laws, which includes the
creation of the new Panchayati Raj systems. Voluntary provisions, on the other hand, is the
discretion of the state government.
4. Salient features of 73rd CAA
• Gram Sabha 243A: Village assembly consisting of all the registered voters within the area of
the panchayat + exercise such functions at village level as the legislature of a state determines.
• Three-tier system: At village, intermediate and district level + States with a population less
than 20 lakhs may not constitute the intermediate level.
• Election of members and chairperson: The members to all the levels of the Panchayati Raj
is elected directly + Chairperson to the intermediate and the district level is elected
indirectly from the elected members + at the village level the Chairperson is elected as
determined by the state government.
• Reservation of seats:
• SC and ST – in proportionate to their population.

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• Women– Not less than one-third of the total number of seats to be reserved for women +
not less than one-third of the total number of offices for chairperson at all levels of the
panchayat to be reserved for women.
• State legislatures to decide on the reservation of seats in any level of panchayat or office of
chairperson in favour of backward classes.
• reservation of seats in panchayats (both members and chairpersons) for the scheduled castes
is not applicable to the state of Arunachal Pradesh.
• Duration of Panchayat
o Five tear term of office to panchayat at every level
o can be dissolved before the completion of its term
o Fresh elections to constitute the new panchayat shall be completed before the expiry of its
five-year duration; in case of dissolution: before expiry of period of 6 months from date of
its dissolution.
o remainder period less than 6 months: not necessary to hold election for constituting new
panchayat.
o Panchayat reconstituted after premature dissolution does not enjoy full period of five years
but remains in office only for remainder of the period.
• Disqualifications
o All questions relating to disqualification shall be referred to an authority determined by the
state legislatures.
o 21 years to be the minimum age for contesting elections to panchayats.
• State Election Commission: Superintendence, direction and control of preparation of electoral
rolls and conduct of all elections to Panchayat shall be vested in it.
• Powers and Functions: The state legislature may endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government.
• Finances 243 H: The state legislature may
o Authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.
o Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state
government
o grants-in-aid to the panchayats from the consolidated fund of the state.
o Finance Commission Article (243 I): Governor of a state shall, after every five years,
constitute a finance commission + State legislature may provide for its composition, required
qualifications of its members + Central Finance commission to augment the consolidated
fund of state to supplement resources of Panchayats in states.
o Audit of Accounts Article 243 J: State legislature may make provisions for the maintenance
and audit of panchayat accounts.
o Application to Union Territories Article 243 L: The president may direct the provisions
of the act be applied on any union territory subject to exceptions and modifications he
specifies.
o Exempted states and areas: The act does not apply to the states
of Nagaland, Meghalaya and Mizoram and certain other areas. These areas include-
o The scheduled areas and the tribal areas in the states
o hill area of Manipur for which a district council exists and
o Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
o Note: Parliament may extend this to scheduled areas and tribal areas subject to such
exceptions and modifications as it may specify.

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o Bar to interference by courts (Article 243 O): It bars interference by courts in electoral
matters of Panchayats.
• Voluntary provisions
o Representation to members of Parliament and state legislature
o Reservation of seats (members and chairpersons) for backward classes in Panchayats at any
level.
o Making Panchayats as autonomous bodies
o Devolution of powers and to perform some or all of 29 functions listed in 11th schedule.
o Granting financial powers to Panchayats- authorizing them to levy, collect and appropriate
taxes.
• Finances of Panchayati Raj
o Grants from the Union Government based on recommendations of the Central Finance
Commission as Article 280 of the Constitution.
o Devolution from the State Government based on recommendations of the State Finance
Commission as per Article 243-I.
o Loans or grants from the State Government.
o Programme-specific allocation under Centrally Sponsored Schemes and Additional Central
Assistance.
o Internal Resource Generation (tax and non-tax).
5. PESA Act of 1996
• Applicable in the Fifth Schedule areas, which deals with the administration of the districts
dominated by the tribal communities, and is in force in 10 states of the country.
• Gram sabha shall approve of plans, programmes and projects for social and economic
development; identification of beneficiaries under poverty alleviation programmes.
• Reservation for the STs shall not be less than one-half of the total number of seats.
• State government nomination of STs shall not exceed one-tenth of total members to be elected
in that Panchayat.
• Gram sabha recommendations mandatory for grant of prospecting license or mining lease for
minor minerals in scheduled areas.
• The Gram Sabhas under PESA Act were entrusted with wide-ranging powers to:
o Enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
o Ownership of minor forest produce.
o Prevent alienation of land in the Scheduled Areas and to take appropriate action to restore
any unlawfully alienated land of a Scheduled Tribe.
o Manage village markets by whatever name is called.
o Exercise control over money lending to the Scheduled Tribes.

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CHAPTER 38: MUNICIPALITIES

1. Introduction: System of urban government was constitutionalized through 74th CAA of 1992. The
subject of urban local government is dealt by Ministry of Urban Development, Ministry of Defence (in
case of cantonment boards) and Ministry of Home affairs (in case of UTs).
2. Evolution of Urban bodies
• First municipal corporation in India – At Madras in 1687-88.
• Bombay and Calcutta Municipal corporations in 1726.
• Lord Mayo’s Resolution of 1870 – on financial decentralisation visualised the development of local
self-government institutions.
• Lord Ripon’s Resolution of 1882 – ‘Magna Carta’ of local self-government.
• Royal Commission on decentralisation in 1907; chairman was Hob-house.
• GOI Act of 1919: local self-government became a transferred subject under the charge of a
responsible Indian minister.
• Cantonments Act was passed – In 1924.
• GOI Act of 1935 – Provincial autonomy scheme: local self-government was declared a provincial
subject.
th
3. 74 Amendment act of 1992- Salient Features
• It came into force under prime ministership of PV Narasimha Rao’s government.
• Part IX A ‘The Municipalities’- Article 243 P to Article 243 ZG
• Added a new Twelfth Schedule with 18 functional items of municipalities.
• Constitutional status to the municipalities – Justiciable part
• Three types: Nagar panchayat for a transitional area + Municipal council for a smaller urban area +
Municipal corporation for a larger urban area.
• All the members of a municipality shall be elected directly by the people of the municipal area
through territorial constituencies to be known as wards.
• Election of the chairperson of a municipality – As state legislature may determine.
• Special Representation – persons having special knowledge or experience in municipal
administration without the right to vote in the meetings of municipality.
• Wards Committees : Consisting of one or more wards having population of three lakh or more +
Composition and the territorial area of a wards committee may determine by state legislature.
• Reservation of Seats
• SC and ST – in proportionate to their population.
• Women– Not less than one-third of the total number of seats to be reserved for women + not
less than one-third of the total number of offices for chairperson at all levels of the panchayat to
be reserved for women.
• Note: State legislature may provide for manner of reservation of offices of chairpersons in
municipalities for SCs, STs and women.
• State legislatures may make provisions to decide on the reservation of seats in favour
of backward classes.
• Duration of Municipalities
o Provides for a five-year term of office for every municipality; can be dissolved before the
completion of its term.
o Note: Municipality reconstituted after premature dissolution does not enjoy the full period of
five years but remains in office only for the remainder of the period + Remainder period less
than six months: it shall not be necessary to hold any election for constituting the new
municipality for such period.

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• Disqualifications: All questions of disqualifications shall be referred to such authority as the state
legislature determines.
• 21 years to be the minimum age for contesting elections to panchayats.
• SEC conducts elections for Panchayats and Municipalities.
• State legislature may make provision w.r.t all matters relating to elections to the municipalities.
• Powers and Functions: The state legislature may endow with such powers as may be necessary to
enable them to function as institutions of self-government.
• Finance Commission: For every five years, review the financial position of municipalities and
make recommendation to the governor who shall place it before the state legislature.
• Audit of Accounts 243Z: The state legislature may make provisions with respect to the maintenance
of accounts by municipalities and the auditing of such accounts.
• Application to Union Territories: President may direct that they would apply to a Union territory
subject to such exceptions and modifications as he may specify.
• Exempted Areas 243ZC: Scheduled areas and tribal areas in the states. It shall also not affect the
functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.
• District Planning Committee
o Every state shall constitute at the district level to consolidate the plans prepared by panchayats
and municipalities in the district.
o State legislature make provisions with respect composition, functions etc.
o Four-fifths of the members of DPC should be elected by the elected members of the district
panchayat and municipalities in the district from amongst themselves.
● Metropolitan Planning committee- To prepare a draft development plan.
o Two-thirds of the members elected by the elected members of the municipalities and
chairpersons of the panchayats in the metropolitan area from amongst themselves.
TWELFTH SCHEDULE
(Article 243W)
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.
4. Municipal corporation
o For the administration of big cities.
o Three authorities – Council (deliberative and legislative wing), standing committee (to facilitate
the working of the council) and commissioner (chief executive authority).

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o The council consist of councillors directly elected by people and is headed by a Mayor.
5. Municipality
• For administration of towns and smaller cities.
• 3 authorities: Council, Standing committees and Chief executive officer.
• Head of council is called President /chairman and in place of commissioner they have a chief
executive officer/chief municipal officer.
• Chief executive officer is responsible for day-to-day administration of municipality (appointed
by State government).
6. Notified Area Committee
• Created by a notification and unlike the municipality.
• An entirely nominated body, by the state government.
• Neither a statutory body nor an elected body.
7. Town Area Committee
• Set up by a separate act of state legislature for small town.
• Semi-municipal authority entrusted with limited civic functions.
• May be wholly elected or wholly nominated or partly elected and partly nominated as provided
by state government.
8. Cantonment Board
o Municipal administration for civilian population in the cantonment areas.
o Set up under the provisions of the Cantonment Act, 2006 by central government.
o It is partly elected and partly nominated
o Elected members term- five years; nominated members continue so long as they hold office in
that station.
o Ex-officio President – Military officer commanding the station.
o Vice president is elected amongst by the elected members of board.
o Executive officer is appointed by the President of India.
9. Township
• Established by public enterprises to provide civic amenities to its staff and worker.
• It is not an elected body and all members are appointed by the enterprise.
10. Port Trust
• Created by an act of Parliament.
• Consists of both elected and nominated members.
• To manage and protect the ports and to provide civic amenities.
11. Special Purpose Agency
• These are function based, not area based.
• Established as statutory bodies by an act of state legislature or as departments by an executive
resolution.
• Function as an autonomous body and are not subordinate agencies to local municipal bodies.
12. All India Institute of local self-government (Mumbai) constituted in 1927; private registered body.
13. Centre for Urban and Environmental studies (New Delhi) set up in 1967 on recommendation of Nur-
ud-din Ahmed committee.
14. Urban local bodies can borrow from financial institutions only with the approval of state
government.
15. Central council of local government: Set up in 1954; constituted under Article 263 by an order of
President + advisory body; consists of Minister for Urban development and ministers for local self-
government in states + Union Minister act as chairman of council.

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CHAPTER 39: UNION TERRITORIES

1. Introduction: Under Article 1 of the constitution, the territory of India comprises territories of the
states; union territories; and territories that may be acquired by the India at any time + UTs are
specified in Schedule I Part II of the Constitution of India + Articles 239 to 241 (Part VIII) deals
with Union Territories of India.
2. Important Facts
• There are 28 states, 9 UTs and no acquired territories.
• UTs of Puducherry, Delhi, J&K have legislative assemblies.
• Ministry of Home Affairs is the nodal Ministry
• In Delhi, by Article 239AA and 69th CAA the Assembly cannot legislate on matters in entry 18
of the State List: land, public order and police.
3. Creation of Union Territories
• Scheduled districts in 1874; later known as chief commissioners provinces.
• After independence, placed in Part C and Part D states.
• 1956: constituted as UTs by 7th CAA (1956) and States reorganization act (1956).
• Currently there are 9 UTs: Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli
and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.
4. Administration of Union Territories
• Articles 239 to 241 in Part 8 of the constitution deals with UTs.
• no uniformity in administrative system of UTs.
• Every UT is administered by the President acting through an administrator (agent of the
President and not head of state) appointed by him. (Art 239)
• President can also appoint the governor of a state as the administrator of an adjoining union
territory.
• Lieutenant Governor : Delhi, Puducherry, A&N Islands, J&K and Ladakh.
• Administrator : Chandigarh, Dadra-Nagar Haveli and Daman-Diu and Lakshadweep.
• UTs of Puducherry and Delhi provided with a legislative assembly and CoM headed by CM.
• Parliament can make laws on three lists for UTs; also extends to Puducherry and Delhi.
• President make regulations for peace, progress and good govt of A&N islands, Lakshadweep,
Dadra and Nagar Haveli, Daman and Diu.
• In case of Puducherry, President can legislate by making regulations but only when assembly is
suspended or dissolved.
• Parliament can establish a HC for a UT; Delhi is the only UT that has a HC of its own.
• Constitutional provisions for administration of UTs also apply to acquired territories.
5. Special provisions for Delhi (69th Amendment 1991) – ART 239AA
• Redesignated UT of Delhi as National capital territory & created legislative assembly with
members.
• Designated the administrator of Delhi as the lieutenant (lt.) governor.
• Assembly shall make laws on matter enumerated in state list (Except matters of Public order,
Police & land)
• Strength of the assembly is fixed at 70 members, directly elected by the people.
• Election commission of India conducts elections.
• Strength of the COM is fixed at ten per cent of the total strength of the assembly (seven–one
chief minister and six other ministers).

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• CM is appointed by the President (not by the Lt. governor).

• In the case of difference of opinion between the lt. governor and his ministers, the lt. governor
is to refer the matter to the president for decision and act accordingly.
• Lt. governor is empowered to promulgate ordinances during recess of assembly; he cannot
promulgate ordinance when assembly is dissolved or suspended.
• No such ordinance can be promulgated without prior permission of President.
6. Provisions of the GNCT of Delhi (Amendment) Act 2021:
• It states that the “government” in the National Capital Territory of Delhi meant the Lieutenant-
Governor of Delhi.
• gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi
is empowered to make laws.
• L-G is “necessarily granted an opportunity” to give her or his opinion before any decision taken
by the Council of Ministers (or the Delhi Cabinet) is implemented.
• It bars the Assembly or its committees from making rules to take up matters concerning day-to-
day administration.

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CHAPTER 40: SCHEDULED AND TRIBAL AREAS

1. Introduction: Article 244 in Part X + 5th Schedule deals with administration & control of scheduled
areas & scheduled tribes in any state except four states of Assam, Meghalaya, Tripura & Mizoram.
(AMTM) + 6th Schedule deals with administration of tribal areas in Assam, Meghalaya, Tripura &
Mizoram.
2. Features of administration as per 5th schedule
§ 10 states have scheduled areas. Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat,
Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
§ Declaration of Scheduled areas: President can declare and make changes in its area &
boundary in consultation with Governor of state.
§ Executive power of state and centre: State Executive power extends but Governor has special
responsibility. Governor submits report to President regarding administration of such areas.
§ Tribes Advisory council: 20 members body; 3/4th of whom are to be the representatives of STs
in SLA + State having Scheduled tribes but no Scheduled areas can have TAC if President
directs.
§ Applicability of laws: Governor directs if any Central or State Acts apply to such area or with
any modification. Governor can make regulation for peace & good government of SAs after
consulting TAC.
§ Two such Commissions has been appointed by President – U N Dhebar (1960) & Dilip Singh
Bhuria Committee (2002).
3. Features of administration as per 6th schedule
• Tribals areas in states of Assam, Meghalaya, Tripura and Mizoram have been constituted as
autonomous districts (ADs): fall under state executive authority.
• Governor can organize & reorganize the autonomous districts (ADs).
• Each ADs have District Council of 30 members for 5-year term. (26 elected + 4 nominated by
Governor) + Each autonomous region has separate regional council.
• Powers and Functions of District & Regional Councils:
o administer the areas under their jurisdiction + make laws on certain matters like land, forests
but such laws require Governor assent.
o constitute Village Councils/ courts for trial of suits & cases between tribes. Jurisdiction of
HCs over such suits & cases is specified by Governor.
o establish primary schools, dispensaries, markets, ferries, roads in the district.
o make regulations for control of money lending & trading by non-Tribals. But such
regulations require assent of Governor.
o empowered to assess & collect land revenue & to impose certain specified taxes.
o Central or State Acts do not apply to autonomous districts & autonomous regions or apply
with specified modifications & exceptions.
o Governor can appoint a commission to examine & report on any matter relating to
administration of autonomous regions + can even dissolve District & Regional Council on
recommendation of such commission.

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CHAPTER 41: ELECTION COMMISSION

1. Introduction: ECI is an independent constitutional body responsible for administering the free and
fair election system + Part XV, Article 324 – 329 deals with the powers, function, tenure, eligibility,
etc. of the commission and the member + It conducts the elections to the Parliament, State
legislature, office of President and vice-president of India.
2. Composition
o Election Commissioner Amendment Act 1989: ECI was made a multi-member body.
o Chief election commissioner and such number of other election commissioners, determined by
the President.
o President appoints Chief Election Commissioner and Election Commissioners.
o President may also appoint regional commissioners after consultation with the election
commission.
o The conditions of service and tenure shall be determined by the President.
o Chief Election Commissioner and the two other Election Commissioners enjoy the same status
and receive salary and perks as available to Judges of SC of India.
o In case of difference of opinion: matter is decided by the Commission by majority.
o They hold office for 6 years or until they attain age of 65 years, whichever is earlier.
3. Independence
• Chief Election Commissioner removal: only through a process of removal similar to that of a
SC judge; resolution passed to that effect by both the Houses of Parliament on grounds of
‘Proved misbehaviour or incapacity’.
• The service conditions of CEC cannot be varied to his disadvantage.
• Any other election commissioner cannot be removed from office except on the recommendation
of the Chief Election Commissioner.
• Note: Constitution has not prescribed qualifications for members; not specified term of members
of Election commission; not debarred retiring election commissioners from any further
appointment.
4. Powers and Functions
● Determines the territorial area of the electoral constituencies in accordance with the Delimitation
Commission Act.
● Registers political parties, providing election symbol and grants recognition to them.
● Provides the status of national or state parties to the political parties
● Ensures that MCC is followed by all the political parties and all the candidates.
● Advises the President and Governor under its advisory jurisdiction on matters relating to the
disqualification of the members of the Parliament and State Legislature respectively.
● Advises the President whether the elections can be held in a state under President’s rule.

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CHAPTER 42: UNION PUBLIC SERVICE COMMISSION

1. Introduction: Articles 315-323 in Part XIV contain elaborate provisions regarding composition,
appointment and removal of members along with independence, powers and functions of UPSC.
2. Important Facts
• It comes under the ambit of Ministry of personnel
• GOI Act, 1919 proposed to set up Federal Public Service Commission.
• In 1926 on the recommendation of Lee Commission (1924), the Federal Public Service
Commission was established.
• GOI Act, 1935 provided for the Central and State Public Service Commission.
3. Composition
• President determines the strength of the commission.
• Consists of a Chairman and other members who are appointed by the President of India.
• President determine the conditions of service of chairman and other members.
• Constitution: 50% of members should have held govt office for at least 10 years.
• Term: Six-year term, or until they attain the age of 65 years, whichever is earlier.
• resign by addressing their resignation to the President.
4. Removal: President can remove the Chairman or any other member if –
• gone insolvent or bankrupt.
• any paid employment outside the duties.
• by reason of infirmity of mind or body.
• For misbehavior: however it is subject to Judicial inquiry under supervision of the Supreme
Court + the advice tendered by the Supreme Court in this regard is binding on the president.
5. Independence
● removed on the basis of grounds mentioned in the constitution only.
● conditions of service cannot be changed to their disadvantage after the appointment.
● No requirement of vote of Parliament to meet the expenses of UPSC as all the expenses are
charged on Consolidated fund of India.
● Not eligible for reappointment to that office.
● The members can be re-appointed to UPSC or any State PSC though, but not any other
employment.
6. Others
• recommendations are only advisory in nature.
• The additional functions relating to the services of the Union can be conferred on UPSC by the
Parliament.
• The jurisdiction of UPSC can be extended by an act made by the Parliament.
• All cases of non- acceptance must be approved by the Appointments Committee of the Union
cabinet.
• An individual ministry or department has no power to reject the advice of the UPSC.
• The President can exclude posts, services and matters from the purview of the UPSC.
• Department of Personnel and Training is central personnel agency in India.
• Since the inception of CVC, the role of UPSC in disciplinary matters has been affected. Both
are consulted by the government while taking disciplinary action against a civil servant.
• UPSC being an independent body has an edge over CVC which got statutory status in 2003.

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CHAPTER 43: STATE PUBLIC SERVICE COMMISSION

1. Introduction: Articles 315 to 323 also deal with composition, appointment and removal of
members and functions of a SPSC.
2. Composition
• Consists of a Chairman and other members who are appointed by the GOVERNOR of a state.
• Constitution: 50% of the members of SPSC should be those who have held government office
for at least 10 years.
• hold office for a six years term, or until they attain the age of 62 year, whichever is earlier.
• All the members can resign by addressing their resignation to the Governor.
3. Removal: Chairman and members of a SPSC are appointed by the Governor, but can be removed
only by the PRESIDENT.
4. Chairman cannot be re-employed in the Government, not even on the same post.
5. The members can be re-appointed to UPSC or any State PSC though, but not any other employment.
6. It presents annual report on its performance to the Governor of a State.
7. The Governor then places this report before both the State Legislature, along with a memorandum
which explains the non-acceptance of the Commission’s advice.

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CHAPTER 44: FINANCE COMMISSION

1. Finance commission: Article 280 of the constitution of India provides for a Finance Commission
+ Constituted by the President of India every fifth year or at such earlier time as he considers
necessary + It acts as a quasi-judicial authority.
2. The First Finance Commission under the chairmanship of Shri K.C. Neogy on 6th April, 1952.
3. Finance commission as the “balancing wheel of fiscal federalism in India”.
4. Composition
• Comprises Chairman and 4 members appointed by the President.
• Hold office for such a period as specified by the President.
• Chairperson and members are eligible for reappointment.
• The Constitution authorizes Parliament to determine the qualifications of members of the
commission and the manner in which they should be selected.
5. Qualifications
• Chairman – Person having experience in public affair
• Members – Judge of a high court or qualified to be appointed as one; Specialised knowledge of
finance and accounts of the government; Wide experience in financial matters and in
administration; Special knowledge of economics
6. Functions: It needs to make the following recommendations to the President –
• Distribution of net proceeds of taxes to be shared between the centre and the states, and
allocation between the states.
• Principles governing the grant in aid out of the Consolidated Fund of India.
• Any other matter to refer to it by the President.
• Measures needed to augment the consolidated fund of state to supplement the resources
of Panchayat and Municipality on basis of recommendations made by the Finance Commission.
• The Commission submits a report to the President.
• Recommendations are advisory and hence not binding on the government.
7. 15th Finance commission- Constituted by the President in November 2017, under the chairmanship
of NK Singh + recommendations will cover a period of five years from the year 2021-22 to 2025-
26.
• Maintaining the vertical devolution at 41% - the same as in its interim report for 2020-21.
• made the required adjustment of about 1% due to the changed status of the erstwhile State of
Jammu and Kashmir into the new UTs of Ladakh and Jammu and Kashmir.
• For horizontal devolution, it has suggested 12.5% weightage to demographic performance, 45%
to income, 15% each to population and area, 10% to forest and ecology and 2.5% to tax and
fiscal efforts.
• It has recommended post-devolution revenue deficit grants amounting to about Rs. 3 trillion
over the five-year period ending FY26.

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CHAPTER 45: NATIONAL COMMISSION FOR SCs

1. Introduction: The National commission for SCs is a constitutional body established by Article 338 of the
Indian constitution.
2. Evolution
• Article 338: provided for the appointment of a Special Officer for SCs and STs to investigate all matters
relating to the constitutional safeguards for SCs and STs.
• 1978: Government (through a Resolution) set up a non-statutory multimember Commission for SCs and
STs.
• 1987: the Government (through another Resolution) modified the functions of the
Commission and renamed it as the National Commission for SCs and STs.
• 65th CAA of 1990: establishment of a high level multi-member National Commission for SCs and STs
in the place of a single Special Officer for SCs and STs.
• 89th CAA of 2003: bifurcated the combined National Commission for SCs and STs into two separate
bodies, namely, National Commission for Scheduled Castes (under Article 338) and National
Commission for Scheduled Tribes (under Article 338-A).
• The separate National Commission for SCs came into existence in 2004.
• Composition: Chairperson, a vice-chairperson and three other members + appointed by the President +
conditions of service and tenure of office are also determined by the President of India.
3. Report of the commission
• President places all such reports before the Parliament, along with a memorandum explaining the action
taken on the recommendations + also forwards any report of the Commission pertaining to a state
government to the state governor.
• The Governor places it before the state legislature
4. Powers of the commission
• Power to regulate its own procedure.
• It has all powers of a civil court trying a suit.
• discharge similar functions with regard to the Anglo-Indian Community.
• 102nd CAA 2018: OBCs responsibility is transferred to National commission for backward classes.

CHAPTER 46: NATIONAL COMMISSION FOR STS

• Introduction: National commission for STs is directly established by Article 338-A of the
constitution.
• 89th CAA of 2003: amended the Article 338 and inserted a new Article 338-A in the Constitution.
The separate National Commission for STs came into existence in 2004.
• Composition: Consist of Chairperson, Vice Chair Person and 3 other members + Appointed by
President by warrant under his hand and seal.
• Service condition and tenure of chairpersons and members is determined by president of India
• The commission presents an annual report to the President.
• The President places all such reports before the Parliament, along with a memorandum explaining
the action taken on the recommendations made by the Commission.

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CHAPTER 47: NATIONAL COMMISSION FOR

BACKWARD CLASSES

1. 102nd Constitutional Amendment Act of 2018

• Repeals NCBC Act, 1993 and inserts Article 338B to set up the constitutional body.
• Article 342A : Parliament’s approval for every inclusion into and exclusion from the Central
List of OBCs.
• Composition: five members : Chairperson, Vice-Chairperson and three other Members
appointed by the President by warrant under his hand and seal.
• Term: 3 years
• Conditions of service and tenure determined by the President.
• Presents an annual report to the President: places before Parliament, along with a memorandum
explaining the action taken.
• President also forwards any report of the Commission pertaining to a State Govt. to the state
Governor who places it before the state legislature.
• It has the power of civil court and acts the same.
• provisions for the development of Socially and Educationally Backward Classes (SEBC).
• Representation of at least two persons having special knowledge related to backward classes
and one woman.

CHAPTER 48: SPECIAL OFFICER FOR LINGUISTIC MINORITIES

● Introduction: 7th CAA of 1956 inserted a new Article 350-B in Part XVII of the Constitution:
Special Officer for Linguistic Minorities appointed by the President of India.
● Appointment: He would report to the President upon those matters at such intervals as the
President may direct.
● President should place all reports before each House & send it to the governments of the states
concerned.
● Constitution does not specify Qualifications, tenure, removal, salaries and allowances.
● Created in 1957 as Commissioner for linguistic minorities; HQ at Allahabad (Uttar Pradesh);
regional offices at Belgaum, Chenna and Kolkata.
● Falls under Ministry of Minority affairs; submits annual reports to President through Union Minority
Affairs Minister.

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CHAPTER 49: COMPTROLLER AND AUDITOR

GENERAL OF INDIA

1. Introduction: Article 148 provides for an independent office of CAG. Head of the Indian Audit and
Accounts Department + “guardian of Public Purse” + guide, friend and philosopher of the Public
Accounts Committee.
2. B.R. Ambedkar: most important Officer under the Constitution of India.
3. one of the bulwarks of the democratic system- others are SC, ECI, UPSC.
4. Appointment and Term
• CAG appointed by the PRESIDENT under his warrant and seal.
• Term: 6 years or 65 years, whichever is earlier.
• Resigns by giving the resignation letter to the President.
• Removal on similar grounds as the Judge of Supreme Court —either on the ground of proved
misbehaviour or incapacity.
5. Independence
● Security of tenure: Do not hold office till the pleasure of the President though appointed by him.
● Not eligible for further office
● Salary and other conditions determined by the Parliament: equal to judge of SC
● Salary or rights cannot be altered to his disadvantage
● Conditions of service of persons in Indian Audit and Account service prescribed by the President
after consultation with CAG
● Administrative expenses charged upon the Consolidated Fund of India.
● No Minister can represent the CAG in Parliament and no minister can be called upon to take any
responsibility for any actions done by him.
6. Duties and Powers
• Article 149 deals with the duties and powers of CAG.
• The duties are prescribed by the law made by Parliament.
• He Audits accounts of Consolidated fund of India + Consolidated fund of each state + Consolidated
fund of each Union Territory having a legislative assembly.
• Audits expenditure of – Contingency fund of each state and Public Account of each state.
• Audits all trading, manufacturing, profit loss accounts, balance sheets and other subsidiary accounts
kept by any dept. of Central government and state govts.
• Audits all transactions of central and state related to debt sinking funds, deposits, advances and
remittance business.
• Audits all the subsidiary accounts of state and central governments
• Audits receipts and expenditure of – Bodies financed by Central and State revenues + Government
companies + Other corporation and bodies required by laws.
• Submits audits and reports to the President who shall place them before both houses of parliament.
• Ascertains and certifies the net proceeds of any tax or duty.
• He compiles and maintains the accounts of state government
• Submits audit reports – Audit report on appropriation + Audit report on finance + Audit report
on public undertakings.
7. Role of CAG
● Ensures Accountability of the executive in the sphere of financial administration.
● agent of Parliament and is responsible only to the Parliament.
● The CAG has to ascertain the legality of disbursed money.
● Also conduct Proprietary audit (discretionary) – wisdom, faithfulness and economy of government
expenditure

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● The secret service expenditure is a limitation on the auditing role of the CAG.
● no control over the issue of money from consolidated funds of India.
8. India- CAG is only an Auditor and General and CAG is not a member of Parliament + In Britain, Mandatory
approval of CAG required to appropriate money from Public exchequer. CAG is member of House of
Commons.
9. CAG and Corporations
• The role of CAG in the auditing of public corporations is limited.
• Some corporations are audited totally and directly by the CAG. E.g.- DVC, ONGC, etc.
• Some audited by private professional auditors appointed by the Central Government in consultation
with CAG. E.g. Central Warehousing Corporation, Industrial Finance Corporation, etc.
• Some are totally subjected to private audit. E.g. – LIC, RBI, FCI etc.
10. Relation between CAG and Public Accounts Committee (PAC)
• Three CAG reports i.e. audit report on appropriation accounts, audit report on finance accounts and audit
report on public sector undertakings are examined by PAC.
• At the central level, these reports are submitted by CAG to President, who makes them to be laid in
Parliament.
• He helps in making the actions of the committee clear to the witnesses and in making the action of the
government clear to the committee.

CHAPTER 50: ATTORNEY GENERAL OF INDIA

1. Introduction: Article 76 provided for the office of Attorney general for India who is the highest law
officer in the country.
2. Appointment and Term
• Appointed by President.
• qualified to be the Judge of SC.
• Term of office not fixed by the Constitution
• Constitution has not prescribed any procedure for his removal
• Holds office during the pleasure of the President.
• Receives remuneration as President may determined
• Conventionally, he resigns when government (council of ministers) resigns or is replaced as he is
appointed on its advice.
3. Duties and Functions
o Chief Law officer of Government of India: Give advice to GOI on legal matters + Perform the duties
of a legal character + Discharge functions conferred on him by the constitution.
o President may assign the following duties to the Attorney General of India: To appear on behalf of
the government; To represent the government; To appear when required by the government in any
high court.
4. Rights and Limitations
o Right of the audience in all courts.
o Right to speak and take part in the proceedings of both the houses of parliament, joint sitting, or any
committee proceedings.
o Does not have the right to vote
o He enjoys all privileges and immunities that are available to a member of parliament.
o Limitations: Should not advise against the government of India + Should not defend an accused
person in criminal proceedings + Should not accept appointment as director in any company or
corporation without government permission.
o Attorney General is not a full-time counsel for the government; not debarred from private legal
practice.

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CHAPTER 51: ADVOCATE GENERAL OF INDIA

1. Introduction: The constitution (Article 165) provided for office of advocate general for the states
+ Highest law officer in the state.
2. Appointment and Term
• Appointed by Governor
• He must be qualified to be the Judge of High court.
• Term of office not fixed by constitution
• Constitution has no procedure for his removal
• Holds office during the pleasure of the Governor.
• Receives remuneration as Governor may determine

CHAPTER 52: NITI AAYOG

1. Introduction: NITI Aayog established as the successor to the planning commission on January 1,
2015 by an executive resolution; it is an extra-constitutional body.
2. Composition
• Chairperson: Prime Minister
• Vice-Chairperson: To be appointed by Prime-Minister
• Governing Council: Chief Ministers of all states and Lt. Governors of Union Territories.
• Regional Council: To address specific regional issues, Comprising CHIEF MINISTER and Lt.
Governors Chaired by the Prime Minister or his nominee.
• Ad-hoc Membership: Two members in ex-officio capacity from leading Research institutions
on a rotational
• Ex-Officio membership: Maximum four from the Union council of ministers to be nominated
by the Prime
• Chief Executive Officer: Appointed by the Prime-minister for a fixed tenure, in the rank of
Secretary to Government of India.
• Special Invitees: Experts, Specialists with domain knowledge nominated by the Prime-minister.
3. Full time organizational framework
• Vice Chairperson appointed by PM; rank of a Cabinet Minister.
• Four full-time members who have the rank of Minister of State at the Union level.
• Two part-time members who are academics from leading universities, research organizations
etc; appointed on a rotational basis.
• Union Cabinet Ministers, not exceeding four, are nominated by the Prime Minister as ex-officio
members.
• A Chief Executive Officer who has a rank of Secretary to GOI is appointed by the Prime Minister.
He has a fixed tenure and serves as the Member-Secretary to the Aayog.
4. Initiatives of NITI Aayog
• SDG India Index
• Composite Water Management Index
• Atal Innovation Mission
• SATH programme

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• Aspirational District Programme

• School Education Quality Index
• District Hospital Index
• Composite Health Index
• Digital Transformation Index
• India Innovation Index
• Women Entrepreneurship Platform
• Good Governance Index
5. National Development Council
• It was formed by executive resolution in 1952 hence it is neither constitutional body nor statutory
body.
• Composition: Prime Minister of India [chairman] and includes all Union Ministers, Chief
Ministers of all the States and Administrators of Union Territories and Members of the Planning
Commission.
• Functions:
o to prescribe guidelines for the formulation of the National Plan, including the assessment of
resources for the Plan;
o to consider the National Plan as formulated by the Planning Commission;
o To make an assessment of the resources those are required for implementing the Plan and to
suggest measures for augmenting them.
o to consider important questions of social and economic policy affecting national
development; and
o To review the working of the Plan from time to time and to recommend such measures as
are necessary for achieving the aims and targets set out in the National Plan.
o To recommend measures for achievement of the aims and targets set out in the national Plan.

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CHAPTER 53: NATIONAL HUMAN RIGHTS COMMISSION

1. Introduction: It is a statutory body established in 1993 under Protection of Human rights act of
1993; amended in 2006.
2. Established in conformity with the Paris Principles, adopted for the promotion and protection of
human rights in Paris (October 1991).
3. Composition
• Chairman and five full-time Members and seven deemed Members.
• A person who has been the CJI or a judge of the SC can become a chairman.
• Seven ex-officio members: Chairpersons of the National Commission for Minorities, National
Commission for SCs, National Commission for STs, National Commission for Women,
National Commission for BCs, National Commission for Protection of Child Rights and Chief
Commissioner for Persons with Disabilities.
• Note – A sitting judge of the Supreme Court or a sitting Chief Justice of a High Court can be
appointed only after consultation with the Chief Justice of India.
4. Appointment: By the President on the recommendations of a six-member committee:
● Prime Minister as its head + Speaker of the Lok Sabha + Deputy Chairman of the Rajya Sabha
+ leaders of the Opposition in both the Houses of Parliament and Union Home Minister.
5. Tenure: Term of three years or until they attain the age of 70 years, whichever is earlier; not eligible
for further employment under the Central or a state government.
6. Removal: On the charges of proved misbehavior or incapacity, if proved by an inquiry conducted
by a Supreme Court Judge.
7. The salaries and allowances are determined by the Central government.
8. Functions of the commission: To inquire into any violation of human rights or negligence in the
prevention of such violation by a public servant, either suo-motu or on a petition presented to it
or on an order of a court.
9. Working of the commission
● HQs at Delhi.
● Power to regulate its own procedure; all powers of a civil court and its proceedings have a
judicial character.
● Not empowered to inquire into any matter after expiry of one year from date on which act
constituting violation of HRs alleged to have committed.
● No power to punish the violators of human rights, nor to award any relief including monetary
relief to the victim.
● It should be informed about the action taken on its recommendations within one month.
● The commission has limited role, powers and jurisdiction with respect to the violation of human
rights by the members of the armed forces (Art. 33). The central govt should inform commission
of action taken on recommendations within three months.
10. Protection of Human Rights (Amendment) Act, 2019
• Chairperson of NHRC: the chairperson can either be the Chief Justice of the Supreme Court
or a judge from the Supreme Court.
• Chairperson of SHRC: the chairperson of the SHRC may have been a chief justice or a judge
of the HC.
• 3 members; Mandatory inclusion of women member

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• Other members: The current act includes the chairpersons of the National Commission for the
Protection of Child Rights, National Commission for Backward Classes and the Chief
Commissioner for Persons with Disabilities.
• Term in office: the tenure is reduced to 3 years or till the age of 70; removes five year limit for
reappointment.
• Central government may confer on SHRC human right functions being discharged by UTs.
11. State Human Rights Commission
o The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights
Commission atthe state level.
o The Governor appoints the chairperson and other members on the recommendations of a
committeeconsisting of: Chief Minister as its head + Speaker of the Legislative Assembly + State
home minister + leader of the opposition in the Legislative Assembly.
o term of five years or until they attain the age of 70 years, whichever is earlier
o chairperson and members are not eligible for further employment under a state government or
the Central government
o The chairman or any other member is removable by the President.
12. Human rights courts
• 1993 act also provides for establishment of human rights court in every dist for speedy trial.
• Set up by state government only with concurrence of Chief Justice of HC of that state.
• State government specifies a public prosecutor or appoints an advocate (practiced for 7 years)
as a special public prosecutor.

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CHAPTER 54: CENTRAL INFORMATION COMMISSION

1. Introduction: CIC established by central government in 2005; constituted through an official

gazette notification under provisions of Right to Information Act (2005).
2. Composition
• Chief Information Commissioner and not more than ten Information Commissioners.
• Appointed by the President on the recommendation of a committee consisting of:
• PM as Chairperson, the Leaderof Opposition in the Lok Sabha and a Union Cabinet Minister
nominated by the Prime Minister.
• They should not be a MP or member of legislature of any state
3. Tenure: hold office for such term as prescribed by the Central Government or until they attain the
age of 65 years, whichever is earlier; not eligible for reappointment.
4. Powers and Functions
§ receive and inquire into a complaint from any person regarding information request under RTI,
2005.
§ Order an inquiry into any matter if there are reasonable grounds (suo-moto power).
§ Powers of a civil court in respect of summoning, requiring documents etc.
5. Removal
o Removal is done by the President on grounds of bankruptcy, unsound mind, infirmity of body or
mind, sentenced to imprisonment for a crime, or engaged in paid employment.
o He can also be removed for proved misbehavior or incapacity if SC inquiry finds him guilty.
o They can resign by writing to the President.
6. Salaries, allowances of Chief Information commissioner are similar to those of Chief Election
commissioner.
7. State Information Commission
• Composition: Chief information commissioner and up to 10 information commissioners.
• All are appointed by the governor on recommendation of the chief minister, cabinet minister
nominated by him and leader of opposition in legislative assembly.
• Qualification: They should not be MP / MLA’s or connected to any political party, doing some
business/ profession or holding office of profit.
• Term: till the age of 65 or 5 years.
• The information commissioner is eligible for the post of state chief information commissioner
but can be in office for a maximum of 5 years including his tenure as information commissioner.
• Removal is done by the governor on grounds of bankruptcy, unsound mind, infirmity of body
or mind, sentenced to imprisonment for a crime, or engaged in paid employment.
• Salary, allowances of State Chief Information commissioner are similar to those of an Election
commissioner and that of State Information commissioner are similar to those of Chief secretary
of state government.

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CHAPTER 55: CENTRAL VIGILANCE COMMISSION

1. Introduction: It was established in 1964 by an executive resolution of central government;

recommended by Santhanam committee on prevention of corruption.
2. 2003: Statutory status to CVC
3. Composition: Multi-member body: Central vigilance commissioner (chairperson) and not more
than two vigilance commissioners.
4. Appointment and Term
o Appointed by president on the recommendation of 3 member committee comprising of PM,
Minister of Home Affairs and Leader of opposition in Lok Sabha.
o Hold office for 4years or until they attain the age of 65 years.
o Not eligible for further employment. Salary and allowance similar to the UPSC
5. Removal: The President can be removed on recommendation of the Supreme Court after inquiry on
grounds of provenincapacity and misbehavior.
6. Salary and allowances of Central vigilance commissioner are similar to those of Chairman of UPSC
and that of vigilance commissioner similar to those of a member of UPSC.
7. It exercises superintendence over functioning of Delhi Special police establishment (CBI) in so far
as it relates to investigation of offences under Prevention of Corruption act, 1988.
8. not an investigating agency: gets the investigation done through the CBI or through chief vigilance
officers (CVO) in government offices.
9. It is empowered to inquire into offenses alleged to have been committed under the Prevention of
Corruption Act, 1988 by certain categories of public servants.
10. HQs at New Delhi
11. Power to regulate its own procedure; all powers of a civil court.
12. CVC has to present annually to President to report on its performance.

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CHAPTER 56: CENTRAL BUREAU OF INVESTIGATION

1. Introduction: Set up in 1963 by a resolution of Ministry of Home affairs; later transferred to

Ministry of Personnel + Special police establishment was also merged with CBI. It is not a statutory
body which derives its powers from Delhi special police establishment act, 1946 + It acts as the
“National Central Bureau” of Interpol in India.
2. Composition
• The Director of the Central Bureau of Investigation, who is appointed on the suggestion of a
committee chaired by the Prime Minister, is in charge of appointing the DSPE.
• Section 4A of the Delhi Special Police Establishment Act of 1946 appoints the Director of the
CBI.
• Selection Committee: The Prime Minister as Chairperson, the Leader of Opposition in the Lok
Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him.
• Delhi Special Police Establishment (Amendment) act, 2014: where there is no recognized leader
of opposition in LS, then leader of single largest opposition party in LS would be member of
that committee.
• Director of CBI provided security of two-year tenure in office by CVC act of 2003.
3. CBI academy at Ghaziabad, Uttar Pradesh.

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CHAPTER 57: LOKPAL AND LOKAYUKTAS

1. Introduction: The institution of Ombudsman was first created in Sweden in 1809.

2. Swedish Ombudsman
o Appointed by the Parliament for a term of four years and can be removed only by the
Parliament on ground of its loss of confidence in him.
o He submits his annual report to Parliament; but he is independent of Parliament as well as
executive and judiciary.
3. New Zealand- Parliamentary commissioner; France- Administrative courts; Socialists- Procurator
system.
4. From Sweden, the institution of Ombudsman spread to other Scandinavian countries– Finland
(1919), Denmark (1955) and Norway (1962).
5. New Zealand is the first Commonwealth Country to adopt Ombudsman.
6. Lokpal: It deals with complaints against ministers and secretaries at Central and state levels and
Lokayukta would deal with complaints against other specified higher officials.
7. Lokpal and Lokayuktas act (2013)
o Lokpal at Centre; Lokayukta at state.
o Jurisdiction of Lokpal includes PM, Ministers, MPs and Groups A,B, C and D officers and
officials of Central government.
o Composition: Chairperson and a maximum of 8 members of which 50% shall be judicial
members.
o 50% members from SCs, STs, OBCs, minorities and women.
o Selection committee: PM + Speaker of LS + Leader of opposition in LS + CJI or a sitting SC
judge nominated by CJI + eminent jurist nominated by President of India.
o Power of superintendence and direction over any investigating agency, including CBI for cases
referred to them by Lokpal.
o Provisions for attachment and confiscation of property of public servants acquired by corrupt
means even while prosecution is pending.
o Institutions aided by government are excluded.
o No suo motu power; limitation period of 7 years to file complaints.
8. Lokayuktas
• First in Maharashtra in 1971.
• Structure varies across states
• Lokayukta and upalokayukta are appointed by Governor of state.
• Tenure, generally of 5 years or 65 years of age; not eligible for reappointment for second term.
• Annual report to governor.
• Recommendations are only advisory and not binding on state government.

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CHAPTER 58: CO-OPERATIVE SOCIETIES

1. Introduction: 97th CAA of 2011 gave constitutional status and protection to co-operative societies.
It made right to form co-op societies a fundamental right (Article 19); DPSP on promotion of co-
operative societies (Article 43-B) and added Part IX-B (Articles 243 ZH to 243-ZT)
2. Constitutional Provisions
o State legislature make provisions for the incorporation, regulation and winding-up of co-
operative societies.
o Composition
• number of directors: as may be provided by the state legislature.
• Maximum number of directors shall not exceed twenty-one.
• Reservation of one seat for SCs or STs and two seats for women on the board of every co-
operative society.
• Term: five years from the date of election
• Co-opted members shall not exceed two; no right to vote in election of co-operative
society or be eligible to be elected as office bearers of the board.
• Functional members shall be excluded for purpose of counting total no. of directors.
o Election of members
o Superintendence, direction and control of preparation of electoral rolls shall vest in such
body as provided by state legislature.
o No board shall be superseded or kept under suspension for a period exceeding six months.
o Board of co-op society shall not be superseded where there is no Government shareholding
or loan or financial assistance by government.
o Audit of accounts: State legislature may make provisions for maintenance of accounts by the
co-op societies + Accounts shall be audited within 6 months of the close of financial year + audit
report shall be laid before the state legislature.
o Application to Multi-state co-op’s: Subject to modifications that any reference to “State
legislature” shall be construed as reference to ‘Parliament’.
o Application to UTs: Apply to UTs as well but President may modify it.

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CHAPTER 59: OFFICIAL LANGUAGE

1. Introduction: Part XVII; Articles 343 to 351 deals with official language.
2. Language of the Union
• Hindi in Devanagari; international form of Indian numerals.
• For fifteen years from the commencement of Constitution, English language shall continue to be used
for all the official purposes of the Union.
• Parliament may provide for continued use of English language for specified purposes.
• At the end of five years, and at the end of ten years, from commencement of Constitution: President
should appoint commission consisting of chairman and other members representing different languages
specified in 8th Schedule of Constitution.
• 1955: Commission under chairmanship of BG Kher.
• Another official language commission (as envisaged by constitution) was not appointed.
• Parliament enacted Official Language Act, 1963: enabled use of English indefinitely.
3. Regional languages
• Constitution does not specify the official languages of different states.
• The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the
official language of that state.
• Official Languages Act (1963) : English should be used for purposes of communication between the
Union and the non-Hindi states.
• When the PRESIDENT (on a demand being made) is satisfied that a substantial proportion of the
population of a state desires use of any language spoken by them to be recognized by that state, then he
may direct that such language shall also be officially recognized in that state.
4. Language of the Judiciary and text of laws: Until Parliament provides otherwise, the following are to
be in the English language only:
• All proceedings in the Supreme Court and in every high court.
• The Governor of a state, with the previous consent of the president, can authorise the use of Hindi
or any other official language of the state, in the proceedings in HC, but not with respect to the
judgements, decrees and orders passed by it.
• Parliament has not made any provision for the use of Hindi in the Supreme Court.
5. Protection of Linguistic Minorities
• Every aggrieved person has right to submit a representation in any of the languages used in the Union
or in the state.
• Every state and a local authority should provide adequate facilities for instruction in the mother-
tongue at the primary stage of education.
• President should appoint a special officer for linguistic minorities.
6. 21st Amendment Act of 1967: Sindhi added to 8th schedule + 71st Amendment Act of 1972: Konkani,
Manipuri and Nepali + 92nd Amendment Act of 2003: Bodo, Dogri, Maithili and Santhali.
7. Official language act (1963) provided for committee of Parliament on off language to review progress
made in use of Hindi for official purpose of Union + Chairman of committee elected by members of
committee. As a convention, Union Home Minister has been elected as chairman of committee from
time to time.
8. Classical Language status
• In 2004, GOI decided to create a new category of languages called “classical languages”.
• In 2006, it laid down the criteria for conferring the classical language status.
• Criteria: High antiquity of its early texts/recorded history over a period of 1,500 – 2,000 years, a body
of ancient literature/texts which is considered a valuable heritage by generations of speakers + literary
tradition that is original and not borrowed from another speech community.
• Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013) and Odia (2014).

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CHAPTER 60: PUBLIC SERVICES

1. All-India services
• All-India services act of 1951: senior posts not exceeding 33 and one third percent in IAS, IPS,
IFS are required to be filled in by promotion of officers employed in state services.
• The salaries and pensions of All-India services are met by the states.
• Article 309: Parliament or State legislature can impose ‘reasonable’ restrictions on FRs of public
servants in interests of integrity, honesty etc.
• Article 312: Parliament can create new all-India service if Rajya Sabha passes a resolution
declaring that it is necessary in national interest to do so; such resolution in RS should be
supported by 2/3rd of members present and voting.
2. Tenure of office: Article 310: members of defence, civil services of centre and all-India services
under centre hold office during the pleasure of President.
3. Article 311 imposes two limitations on the aforementioned "doctrine of pleasure."
● A civil servant may not be dismissed or removed by an authority that is subordinate to the one
that appointed him.
● A civil servant may not be dismissed, removed, or reduced in rank unless he has been informed
of the charges against him and has been given a reasonable opportunity to be heard on those
charges.
4. Article 312 A (added by the 28th Amendment Act of 1972) empowers Parliament to change or
revoke the terms of service of persons appointed to the civil service of the Crown in India prior to
1950.
5. The 28th Amendment Act of 1972 repealed Article 314, which provided for the protection of
existing officers of certain services.
6. Though 42nd CAA of 1976 made provision for creation of all-India judicial service, no such law has
been made so far.

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CHAPTER 61: TRIBUNALS

1. Introduction: The original constitution did not contain provisions w.r.t tribunals + Added by 42nd
CAA, 1976 with a new Part XIV-A on recommendation of Swaran Singh Committee + 323-A – deals
with Administrative Tribunals + 323-B – deals with tribunals for other matters.
2. Administrative tribunals (Article 323-A)
• Empowers Parliament to establish adminstrative. tribunals for adjudication of disputes relating to
recruitment and conditions of service appointed to public services of centre, states, local bodies,
public corporations and other public authorities.
• Parliament passed Administrative tribunals act (1985): one CAT and SATs.
3. Central Administrative Tribunal (CAT)
• Set up in 1985 with the principal bench at Delhi
• Original jurisdiction of CAT: In relation to recruitment and all service matters of public servants
covered by it. Jurisdiction extends to the all-India services, Central civil services, civil posts under the
Centre and civilian employees of defence services.
• Members of defence forces, officers and servants of SC and secretarial staff of Parliament are not covered
by it.
• Composition: Multi-member body consisting of a chairman and members + In 2006, members have
been given status of judges of HCs + Members drawn from both judicial and administrative streams are
appointed by President.
• Term: Five years or until they attain the age of 65 years in case of Chairman and 62 years in case of
members whichever is earlier.
• The appointment of Members in CAT is made on the basis of recommendations of a high-powered
selection committee chaired by a sitting Judge of SC who is nominated by CJI.
• After obtaining the concurrence of CJI, appointments are made with the approval of Cabinet Committee
of Appointments.
• Procedure: not bound by the procedure laid down in the Civil Procedure Code of 1908 + guided by the
principles of natural justice + allows applicant to appear either in person or through a lawyer.
• Originally, appeals against the orders of the CAT could be made only in the SC and not in the high courts
(Bypassing jurisdiction of HC).
• Chandra Kumar case (1997): SC declared this restriction on the jurisdiction of the HC as
unconstitutional, holding that judicial review is a part of the basic structure of the Constitution.
• SC laid down that appeals against the orders of the CAT shall lie before the division bench of the
concerned HC and later on in the SC.
4. State Administrative Tribunals
• Administrative Tribunals Act of 1985 empowers the Central government to establish the SATs on
specific request of the concerned state governments.
• The chairman and members of the SATs are appointed by the president after consultation with the
governor of the state concerned.
• Joint administrative tribunal (JAT) for two or more states: chairman and members of a JAT are
appointed by the president after consultation with the governors of the concerned states.
5. Tribunals for other matters: Article 323 B: Parliament and State legislature authorized to provide for
establishment of tribunals for adjudication of disputes relating to taxation, forex, import, export; land
reforms; elections to Parliament and state legislature; food stuffs and rent and tenancy rights.
6. Tribunals under Article 323 A can be established only by Parliament; tribunals under Article 323 B
can be established both by Parliament and State legislatures.
7. Chandra Kumar case (1997): Judicial remedies are now available against the order of these tribunals.

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CHAPTER 62: RIGHTS AND LIABILITIES OF GOVERNMENT

1. Introduction: Article 294 to 300 in Part 12 of constn deals with property, contract, rights, liabilities,
obligations and suits of Union and the states.
2. Succession: Vested in the Union or the corresponding state.
3. Escheat, Lapse and Bona Vacantia: Vest in the state if property is situated there, and in the Union, in any
other case.
4. Sea-wealth: India’s territorial waters extend to a distance of 12 nautical miles from appropriate base line +
India’s EEZ extends upto 200 nautical miles.
5. Compulsory acquisition by law: Parliament as well as state legislature are empowered to make laws for
compulsory acquisition and requisitioning of private property by the governments.
6. Acquisition under Executive power: Union or State can acquire, hold and dispose property + Executive
power of Union or state extends to carrying on any trade or business within and in other states.
7. Suits by or against the government
• Article 300 : Union of India and states are legal entities (juristic personalities) for purposes of suit and
proceeding, not the government of the Union or Government of states.
• Liability for contracts: President or Governor is not personally liable in respect of any contract executed
in his name.
• Liability for Torts: Union or states in India can be sued for torts committed by its officials only in
exercise of its non-sovereign functions but not in sovereign functions like administering justice,
constructing a military road.
8. Suits against Public officials
• Official conduct of President can be reviewed by a court, tribunal or any other body authorized by either
House of Parliament to investigate charges for impeachment.
• No criminal proceedings can be started against President and governors in respect of their personal acts
nor can they be arrested or imprisoned.
• Civil proceedings can be started against them during their term of office in respect of their personal acts
after giving two months advance notice.
9. Ministers
• Constitution does not grant any immunity to ministers for their official acts.
• Not required to counter sign (as in Britain) in official acts of President and governors.
• Do not enjoy any immunity for their personal acts, and can be sued for crimes as well as torts in ordinary
courts like common citizens
10. Civil servants
• Conferred personal immunity from legal liability for official contracts.
• Enjoy immunity from legal liability for their tortious acts in respect of sovereign functions.
• Liability for torts or illegal acts is same as of any ordinary citizen.
• Civil proceeding can be instituted against them in their official capacity after giving a two months
advance notice.
• Criminal proceedings can be instituted against them for acts done in their official capacity, with prior
permission of President or Governor.

CHAPTER 63: SPECIAL PROVISIONS RELATING TO

CERTAIN CLASSES
§ The constitution leaves to the President the power to specify as to what castes or tribes in each state
and UT are to be treated as SCs and STs.
§ In case of states, President issues notification after consulting governor of state concerned. Any
inclusion or exclusion of any caste or tribe from Presidential notification can be done only by the
Parliament and not by a subsequent Presidential notification.

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CHAPTER 64: POLITICAL PARTIES

1. Introduction: Election commission registers pol.parties and grants them recognition as national or state
parties on the basis of their poll performance.
2. Recognized parties need only one proposer for filing nomination; forty star campaigners.
3. Registered-unrecognized parties have twenty star campaigners; travel expenses of these star
campaigners are not included in election expenditure of candidates of their parties.
4. A party is recognized as National Political Party (NPP) if a full fill any of the following conditions:
• If it wins at least 6% of valid votes polled in a general election held either to the Lok Sabha or
Legislative Assembly of the State in 4 or more states and also wins at least 4 seats in Lok Sabha
from 1 or more states.
• If it wins at least 8% of valid votes polled in a general election held either to the Lok Sabha or
Legislative Assembly of a state in 4 or more states.
• If it wins at least 2% of the total number of seats in the Lok Sabha from 3 or more states.
• There are 8 political parties that have been recognized as National Political Party by the Election
Commission at present.
• ECI has designated the National People's Party (NPP) as India's eighth national party,
5. A party is recognized as a State Party, if any of the following requirements are met:
• If it wins at least 6% of valid votes polled in a general election held either to the Lok Sabha or
Legislative Assembly of the State and also wins at least 1 seat in Lok Sabha or 2 seats in the
Legislative Assembly of the state.
• If it wins at least 8% of valid votes are polled in a general election held either to the Lok Sabha or
Legislative Assembly of a state.
• If it wins at least 3% of the total number of seats in the Legislative Assembly of a state or 3 seats in
the Legislative Assembly whichever is higher.
• If it wins at least 1 seat in Lok Sabha out of every 25 seats allocated to the States in Lok Sabha.

CHAPTER 65: ELECTIONS

• Articles 324 through 329 of Part XV of the Constitution cover election-related provisions.
• Constitution declares that validity of any law relating to delimitation of constituencies cannot be
questioned in any court. The orders issued by Delimitation commission become final and cannot be
challenged in any court.
• Article 323 B: Tribunal for adjudication of election disputes.
• Chief Electoral officer supervise election work in state/UT.
• ECI nominates District Election officer (DEO) in consultation with state government.
• Returning officer responsible for conduct of elections in Parliamentary or assembly constituency
concerned.
• Electoral registration officer (ERO) responsible for preparation of electoral rolls for a
parliamentary/assembly constituency.
• 1998: EVMs introduced; Lok sabha election (2004): Only EVMs used

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CHAPTER 66: ELECTION LAWS

1. Introduction: Articles 81 and 170 of constitution lay down maximum number of seats in Parliament
and in legislative assemblies of states; but left actual allocation of such seats to be provided by the law.
2. Article 171: Lays down maximum and minimum number of seats in legislative council of a state but
actual number of seats to be filled by each such method has been left to be provided by law.
3. Representation of People’s act (1950)
o Lays down procedures for delimitation of constituencies.
o Provides for the allocation of seats in the House of the People and in the Legislative Assemblies and
Legislative Councils of States.
o Preparation of electoral rolls and the manner of filling seats.
o Lays down the qualification of voters: Permanent resident of India + not less than 18 years of age.
o Registration of electors for Parliamentary constituencies and qualifications, disqualifications for
such registration.

4. Representation of People act (1951)

o It regulates the actual conduct of elections and by-elections.
o It provides administrative machinery for conducting elections.
o It deals with the registration of political parties.
o It specifies the qualifications and disqualifications for membership of the Houses.
o It provides provisions to curb corrupt practices and other offences.
o It lays down the procedure for settling doubts and disputes arising out of elections.
o Sec 3 of RPA, 1951 A person is not qualified to be chosen as a representative in the council of states
unless he is an elector.
o Section 126A of RPA, 1951: Prohibits conduct of exit poll and dissemination of their results during the
hour fixed for commencement of polls in first phase and half hour after time fixed for close of poll for
last phase in all states and UTs.
o Section 126 of RPA, 1951: Prohibits displaying any election matter during period of 48 hours ending
with hour fixed for conclusion of poll.
o Sec 8 of RPA, 1951: Disqualification on conviction of certain offenses which are mentioned in the act:
o Any form of gratification for electors to vote or to refrain from voting.
o Practices of untouchability, sati, domestic violence, dowry, etc.
o Appealing voters to vote or refrain from voting on grounds of religion, race, caste, community, etc.
o Booth capturing by the candidate or by an agent of the candidate.
o Promotion of feelings of enmity or hatred between communities.
o The offense of bribery or involved in importing or exporting prohibited goods.
o Sec 9: A person who has held an office under the Government of India or under the Government of any
State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of
five years from the date of such dismissal.

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CHAPTER 67: ANTI-DEFECTION LAW

1. Introduction: 52nd Amendment act of 1985 provided for disqualification of Members of Parliament
and state legislatures on ground of defection from one political party to another; Tenth schedule.
2. Provisions of the act
o Disqualification: A member of a house belonging to a political party:
o Voluntarily gives up the membership of his political party, or
o Votes, or does not vote in the legislature, contrary to the directions of his political party
(Whip) with no prior permission of party and has not been condoned by party within 15 days.
o An independent candidate joins a political party after the election.
o A nominated member joins a party six months after he becomes a member of the legislature.
o Exceptions
o If member goes out as a result of merger of party with another party.
o If a member after being elected as Presiding officer of the house.
o Note: 91st CAA (2003): Defectors have no more protection on ground of splits.
o Deciding authority
o Decided by Presiding officer of the house.
o Kihoto Hollohan case (1993): Subject to judicial review on grounds of mala fides, perversity
etc.
o Presiding officer is empowered to make rules; all such rules must be placed before the house
for 30 days.
o Any willful contravention by any member of such rules may be dealt with in same manner
as breach of privilege of the house.
o Presiding officer can take up a defection case only when he receives a complaint from a
member of the house.
3. 91st amendment act of 2003
o The total number of ministers, including PM, in the Central Council of Ministers shall not exceed
15% of the total strength of the LokSabha.
o A member disqualified on the ground of defection shall also be disqualified to be appointed as
a minister.
o A member of either House of Parliament or either House of a State Legislature disqualified on
the ground of defection shall also be disqualified to hold any remunerative political post.

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CHAPTER 68: UNION AND ITS TERRITORY

1. Introduction: Articles 1 to 4 under Part I of the constitution deals with the Union and its territory.
Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.
2. “Union of States” has been preferred to “Federation of States” for two reasons: Indian Federation
is not the result of an agreement + states have no right to secede from the federation.
3. Federation is a Union because it is indestructible. The country is an integral whole and divided into
different states only for the convenience of administration.

Administrative system of Union Territories

Union Territories Executive Legislature Judiciary
Andaman and Lt. Governor - Under Calcutta High Court
Nicobar Islands
Chandigarh Administrator - Under Punjab and Haryana High
Court
Dadra and Nagar Administrator - Under Bombay High Court
Haveli
Daman and Diu Administrator - Under Bombay High court
Delhi (a) Lt. Governor Legislative Separate High Court
(b) Chief Minister Assembly
(c)Council of Ministers
Lakshadweep Administrator - Under Kerala High Court
Puducherry (a) Lt. Governor Legislative Under Madras High Court
(b) Chief Minister assembly
(c)Council of Ministers
4. Article 1- territory of India classified into: Territories of the states + Union territories + Territories
that may be acquired by the Government of India at any time.
• ‘Territory of India’ – Wider expression as it includes not only the states but also union
territories and territories that may be acquired by the Government of India at any future time.
• States are the members of the federal system and share distribution of powers with the Centre.
• UTs are directly administered by central government.
• Acquired Territories – Directly administered by the Central government. Being a sovereign
state, India can acquire foreign territories by Cession, Occupation, Conquest or Subjugation.
5. Article 2 – Relates to the admission or establishment of new states that are not part of the Union of
India + Empowers the Parliament to ‘admit into the Union of India, or establish, new states on such
terms and conditions as it thinks fit’.
• power to admit into the Union of India new states (already in existence)
• the power to establish new states (not in existence before)
6. Article 3: Relates to the formation of or changes in the existing states of the Union of India + Deals
with the internal re-adjustment interest of the territories of the constituent states of the Union of
India.
7. Parliament’s power to reorganize the states: Article 3 authorizes the Parliament to:
§ Form a new state by separation of territory from any state or by uniting two or more states or
parts of states or by uniting any territory to a part of any state
§ Increase the area of any state
§ Diminish the area of any state

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§ Alter the boundaries of any state

§ Alter the name of any state.
8. In the case of state: Bill contemplating the above changes can be introduced in the Parliament
only with the prior recommendation of the President + President (or Parliament) is not bound by the
views of the state legislature and may either accept or reject them, even if the views are received in
time.
9. Article 4: Laws made for admission or establishment of new states (under Art.2) and formation of
new states and alteration of areas, boundaries or names of existing states (under Art. 3) are not to be
considered as amendments of the Constitution under Art.368.
10. Cessation of an Indian territory to foreign country does not cover under Art.3 and it can be done
only by amending constitution under Art. 368.
11. 7th Constitutional amendment act (1956)
• Led to creation of Zonal councils in India to advise on matters of common interest; statutory in
origin.
• They statutory in origin.
• 5 zonal councils.
• Chairman of Zonal council is Union Home Minister and Chief Ministers of the States included
in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding
office for a period of one year at a time.
12. Settlement of a boundary dispute between India and another country does not require a
constitutional amendment under Article 368; can be done by executive action as it does not involve
cession of Indian territory to a foreign country.
13. 7th CAA (1956): four-fold division of state were abolished.
14. Hyderabad by means of police action (Operation Polo) + Junagarh by means of referendum +
Kashmir by the Instrument of Accession.
15. Dhar commission and JVP committee (1948)
• The integration of princely states with the rest of India has purely an ad hoc arrangement.
• SK Dhar commission recommended reorganization of states on basis of administrative
convenience rather than linguistic factor.
• JVP committee: formally rejected language as the basis for reorganization of states.
• Andhra State Act, 1953 – Formed the first linguistic state, known as the State of Andhra, by
taking out the Telugu speaking areas from the State of Madras. Kurnool was the capital of
Andhra State and the state high court was established at Guntur.
16. Fazl Ali commission
• Accepted language as the basis of reorganization of states.
• Rejected one language-one state.
• Members: Fazl Ali (chairmanship), M. Panikkar and H.N. Kunzru.
• Four major factors: Preservation and strengthening of the unity and security of the country +
Linguistic and cultural homogeneity + Financial, economic and administrative considerations +
Planning and promotion of the welfare of the people in each state as well as of the nation as a
whole.
• Abolition of four-fold classification of states under constitution.
• By States reorganization act and 7th CAA, the distinction between Part-A and Part-B states was
done away with and Part-C states were abolished.
17. New states and Union territories created after 1956
§ Maharashtra and Gujarat- In 1960, the bilingual state of Bombay was divided into two
separate states – Maharashtra (Marathi speaking people) and Gujarat (Gujarati speaking people).

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§ Dadra and Nagar Haveli - The Portuguese ruled this territory until its liberation in 1954. It was
converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.
§ Goa, Daman and Diu- India acquired these three territories from the Portuguese by means of a
police action in 1961. They were constituted as a UTs by the 12th CAA, 1962. Goa was
conferred statehood in 1987. Consequently, Daman and Diu was made a separate union territory.
§ Puducherry: comprises the former French establishments in India known as Puducherry,
Karaikal, Mahe and Yanam. It was administered as an ‘acquired territory’, till 1962 when it was
made a UT by the 14th CAA.
§ Nagaland: In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang
area out of the state of Assam.
§ Haryana, Chandigarh: On the recommendation of the Shah Commission (1966), in 1966, the
State of Punjab was bifurcate to create Haryana, and the UT of Chandigarh.
§ Himachal Pradesh: In 1971, the UT of Himachal Pradesh was elevated to the status of a state
of the Indian Union.
§ Manipur, Tripura and Meghalaya: In 1972, the two UTs of Manipur and Tripura and the sub-
state of Meghalaya got statehood and the two UTs of Mizoram and Arunachal Pradesh (NEFA)
came into being.
§ Sikkim
• Till 1947, Sikkim was an; Indian princely state ruled by Chogyal. In 1947, after the lapse of
British paramountcy, Sikkim became a ‘protectorate’ of India.
• Indian Government assumed responsibility for the defence, external affairs and
communications of Sikkim.
• 35th CAA (1974) : introduced a new class of statehood under the constitution by conferring
on Sikkim the status of an ‘associate state’ of the Indian Union.
• 36th CAA (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the
22nd state).
§ Mizoram, Arunachal Pradesh and Goa: In 1987, three new States of Mizoram (Mizoram
Peace Accord 1985), Arunachal Pradesh and Goa came into being states of the Indian Union.
§ Chhattisgarh, Uttarakhand and Jharkhand: In 2000, three more new States of Chhattisgarh,
Uttarakhand and Jharkhand were created out of the territories of Madhya Pradesh, Uttar Pradesh
and Bihar, respectively.
§ Telangana: In 2014, 29th state of the Indian Union.
§ Jammu and Kashmir Reorganisation Act, 2019
• UT of Jammu & Kashmir – Comprises all the districts of the erstwhile State of Jammu and
Kashmir except Kargil and Leh districts
• UT of Ladakh – Kargil and Leh districts

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CHAPTER 69: CITIZENSHIP

1. Introduction: Articles 5 to 11 under Part II + Constitution only identifies the persons who became
citizens of India at its commencement (January 26, 1950) + It empowers Parliament to enact a law
to provide for such matters and any other matter relating to citizenship.
2. India has two kinds of people –
• Citizens – Citizens are full members of the Indian State and owe allegiance to it; enjoy all civil
and political rights.
• Aliens – Aliens are the citizens of some other state; do not enjoy all civil and political rights.
• Enemy aliens do not enjoy protection against arrest and detention (Article 22).
3. Constitution: four categories of persons became the citizens of India at its commencement i.e., on
January 26, 1950:
A person who had his domicile in India • If he was born in India; or
and also fulfilled any one of the three • If either of his parents was born in India; or
conditions – • If he has been ordinarily resident in India for five
years immediately before the commencement of the
Constitution, became a citizen of India.
A person who migrated to India from 1. In case he migrated to India before July 19, 1948,
Pakistan became an Indian citizen if he he had been ordinarily resident in India since the date
or either of his parents or any of his of his migration; or
grandparents was born in undivided 2. In case he migrated to India on or after July 19, 1948,
India and also fulfilled any one of the he had been registered as a citizen of India. But, a
two conditions – person could be so registered only if he had been
resident in India for six months preceding the date
of his application for registration.
A person who, or any of whose parents He has been registered as a citizen of India by the
or grandparents, was born in undivided diplomatic or consular representative of India in the
India but who is ordinarily residing country of his residence, whether before or after the
outside India shall become an Indian commencement of the Constitution. Thus, this
citizen if – provision covers the overseas Indians who may want
to acquire Indian citizenship.
A person who migrated to Pakistan from For this, he had to be resident in India for six months
India after March 1, 1947, but later preceding the date of his application for registration .
returned to India for resettlement could
become an Indian citizen
3. Others
• No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily
acquired the citizenship of any foreign state.
• Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject
to the provisions of any law made by Parliament.
• Parliament shall have the power to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.
4. Citizenship Amendment act (1955)
o Anyone born in India on or after Jan 26, 1950 up till July 1, 1987 is an Indian citizen by birth.
o Anyone born on or after July 1, 1987 but before commencement of Citizenship (Amendment)
Act, 2003 and either of whose parents is Indian citizen at time of his birth is an Indian citizen.

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o And anyone born after the commencement of the Citizenship (Amendment) Act, 2003 and both
of whose parents are Indian citizens at the time of his birth is an Indian citizen.
o Exception: Assam where as per the 1985 Assam Accord foreigners who came to the state up to
March 24, 1971 were to be regularised as Indian citizens.
o Acquisition of Citizenship
o By Birth
§ A person born in India on or after January 26, 1950 but before July 1, 1987 is a citizen
of India by birth irrespective of the nationality of his parents.
§ A person born in India on or after July 1, 1987 is considered as a citizen of India only if
either of his parents is a citizen of India at the time of his birth.
§ A person born in India on or after December 3, 2004 are considered citizens of India
only if both of their parents are citizens of India or one of whose parents is a citizen of
India and the other is not an illegal migrant at the time of their birth.
o By Descent
§ A person born outside India on or after Jan 26, 1950 but before December 10, 1992 is a
citizen of India by descent, if his father was a citizen of India at the time of his birth.
§ A person born outside India on or after December 10, 1992 is considered as a citizen of
India if either of his parents is a citizen of India at the time of his birth.
o By Registration: on an application, register as a citizen of India any person (not being an
illegal migrant) if he belongs-
§ ordinarily resident in India for seven years
§ person who is married to a citizen of India and is ordinarily resident in India for 7 years
§ registered as an OCI cardholder for five years, and who is ordinarily resident in India for
twelve months before making an application for registration
§ All the above categories of persons must take an oath of allegiance before they are
registered as citizens of India.
o By Naturalisation: On an application, grant a certificate of naturalization to any person (not
being an illegal migrant) if he-
• not a subject or citizen of any country where citizens of India are prevented from
becoming subjects or citizens
• he undertakes to renounce the citizenship of Origin country in theevent of his application
for Indian citizenship being accepted
• resided in India or been in the service of GOI.
o By Incorporation of Territory
o Special Provisions as to Citizenship of Persons Covered by the Assam Accord
§ All persons of Indian origin who came to Assam before the January 1, 1966 from
Bangladesh -Who have been ordinarily residents in Assam since the date of their entry
into Assam shall be deemed to be citizens
§ Who came to Assam on or after January 1, 1966 but before March 25, 1971 from
Bangladesh and who has been ordinarily resident in Assam since the date of his entry
into Assam and who has been detected to be a foreigner shall register himself.
• Loss of Citizenship
• By Renunciation
§ Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship
§ If such a declaration is made during a war in which India is engaged, its registration shall
be withheld by the Central Government

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§when a person renounces his Indian

§Citizenship, every minor child of that person also loses Indian citizenship. However,
when such a child attains the age of eighteen, he may resume Indian citizenship
• By Termination
§ When an Indian citizen voluntarily (consciously, knowingly and without duress, undue
influence or compulsion) acquires the citizenship of another country, his Indian
citizenship automatically terminates.
§ does not apply during a war in which India is engaged.
• By Deprivation: It is a compulsory termination of Indian citizenship by the Central
government, if:
§ the citizen has obtained the citizenship by fraud
§ the citizen has shown disloyalty to the Constitution of India
§ the citizen has unlawfully traded or communicated with the enemy during a war;
§ the citizen has, within five years after registration or naturalization, been imprisoned in
any country for two years; and
§ the citizen has been ordinarily resident out of India for seven years continuously.
5. Overseas Citizen of India (OCI)
o Ministry of Home Affairs defines an OCI as a person who: Was a citizen of India on or after
26th January 1950; or Was eligible to become a citizen of India on 26th January 1950; or Is a
child or grandchild of such a person, among other eligibility criteria.
o Benefits: Enter India multiple times + multipurpose lifelong visa to visit India + exempt from
registering with Foreigners Regional Registration Office (FRRO) + special immigration
counters + can open special bank accounts in India, buy the non-farm property and exercise
ownership rights and can also apply for a PAN card.
o Limitations: No voting rights; cannot hold a government job and purchase agricultural or
farmland + cannot travel to restricted areas without government permission.
6. PIO Vs OCI

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CHAPTER 70: CENTRE - STATE RELATIONS

1. Introduction: The Constitution of India being federal in structure, divides all powers (leg, exe and
financial) b/w centre and states + There is no division of judicial power as the Constitution has
established an integrated judicial system to enforce both the Central laws as well as State laws.
2. Legislative relations (Articles 245 to 255 - Part XI)
• The Parliament can make laws for the whole or any part of the territory of India.
• List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in Seventh
Schedule.
• 42nd CAA 1976: It transferred five subjects to Concurrent List from State List: Education,
forests, weights and measures, protection of wild animals and birds,and administration of justice;
constitution and organization of all courts except the SC and HCs.
● The power to make laws w.r.t residuary subjects is vested in the Parliament [In USA, only the
powers of Federal government are enumerated in constitution and residuary powers are left to
the states).
● In case of a conflict between Central laws and state law on subject enumerated in Concurrent
list, the central law prevails over the state law.
● Exception: If the state law has been reserved for consideration of President and has received his
assent, then the state laws prevails in that state.
● Constitution empowers Parliament to make laws on State List under five extraordinary
circumstances:
• When Rajya Sabha Passes a Resolution- supported by 2/3 members present
• During a National Emergency- The laws become inoperative on the expiration of six months
after the emergency has ceased to operate.
• When the legislatures of two or more states pass resolutions requesting the Parliament to
enact laws on a matter in the State List, then the Parliament can make laws.
• To implement the international treaties and agreements
• When the President’s rule is imposed in a state, the Parliament becomes empowered to make
laws with respect to any matter in the State List in relation to that state.
3. Administrative relations (Articles 256 to 263 - Part XI)
• Executive power of every state is to be exercised in such a way
o as to ensure compliance with the laws made by the Parliament and any existing law which
apply in the state; and
o as not to impede or prejudice the exercise of executive power of the Center in the state
• Article 365: where any state has failed to comply with any directions given by the Center
President’s rule can be imposed in the state under Article 356.
• Article 356: Power of legislature of that state is exercisable by or under authority of parliament.
● Center’s Directions to the States- maintenance of means of communication + protection of the
railways + adequate facilities for instruction in the mother tongue at the primary stage of
education + execution of the specified schemes for the welfare of the Scheduled Tribes.
● President may, with the consent of the state government, entrust to that government any of the
executive functions of the Center.
● Article 312 of the Constitution authorizes the Parliament to create new All-India Services on the
basis of a Rajya Sabha resolution to that effect
4. Financial Relations (Articles 268 to 293 - Part XII)

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• Parliament has exclusivepower to levy taxes on subjects enumerated in the Union List and states
legislature in state list
• Residuary power of taxation with the Parliament.
• Present position of distribution of tax revenues between the centre and the states:
o Taxes Levied by the Center but Collected and Appropriated by the States (Article 268):
includes the stamp duties on bills of exchange, cheques, promissory notes
o Taxes Levied and Collected by the Center but Assigned to the States (Article 269): Sales of
goods in inter-state trade or commerce
o Levy and Collection of Goods and Services Tax in Course of Inter-State Trade or Commerce
(Article 269-A)
o Taxes Levied and Collected by the Center but Distributed between the Center and the States
(Article 270)
o Surcharge on Certain Taxes and Duties for Purposes of the Center (Article 271)
• Statutory Grants - Article 275 empowers the Parliament to make grants to the states which are
in need of financial assistance and not to every state.
• Discretionary Grants -Article 282 empowers both the Center and the states to make any grants
for any public purpose (Center is under no obligation to give these grants and the matter lies
within its discretion)
• 101st Amendment Act of 2016 provided for the establishment of a Goods and Services Tax
Council.
• Borrowing by Centre and States:
o Central government can borrow either within India or outside upon security of CFI but within
limits fixed by Parliament. [Note: No such law has been enacted by the Parliament].
o State government can borrow within India (and not abroad) upon security of Consolidated
fund of state within limits fixed by legislature of that state.
o A State cannot raise any loan without consent of the Centre, if there is still outstanding any
part of loan made to state by Centre.
• World: In Canada and Australia– central grants to states are must for the states to survive +
Swiss Constitution makes center subservient to states + American Constitution wants financial
independence between states and center but their also states rely on centre’s grant-in-aid.

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MISCELLANEOUS

1. Sub-categorization of OBCs
• First Backward Class Commission report of 1955 had proposed sub-categorization of OBCs into
backward and extremely backward communities.
• Mandal Commission report of 1979: L R Naik proposed subcategorization in intermediate and
depressed backward classes.
• In 2015, the NCBC had proposed that OBCs be divided into the following three categories:
o Extremely Backward Classes (EBC-Group A) facing social, educational and economic
backwardness even within the OBCs, consisting of aboriginal tribes, nomadic and semi-
nomadic tribes who have been carrying on with their traditional occupations;
o More Backward Classes (MBC-Group B) consisting of vocational groups carrying on with
their traditional occupations; and
o Backward Classes (BC-Group C) comprising of those comparatively more forward.
2. Aspirational Districts programme
• Launched in 2018 to transform districts that have shown relatively lesser progress in key social
areas.
• Ranking based on incremental progress made across 49 KPIs under 5 broad socio-economic
themes - Health & Nutrition (30%) + Education (30%) + Agriculture & Water Resources (20%)
+ Financial Inclusion & Skill Development (10%) + Infrastructure (10%).
3. Consolidated Sinking Fund (CSF)
o Set up in 1999-2000 by the RBI to meet redemption of market loans of the States.
o It is a reserve fund created by states for amortization of their debt obligations.
o State Governments maintain the Consolidated Sinking Fund (CSF) with RBI as buffers for
repayment of their liabilities.
o a state government could contribute 1-3% of their annual outstanding debt liabilities to the fund
to create a buffer for repayment of their future liabilities.
o 12th Finance Commission (2005-10) : all States should have sinking funds for amortisation of
all loans, including loans from banks, liabilities on account of NSSF (National Small Saving
Fund), etc.
o Maintained outside consolidated fund of the States in the public account and is not to be used
for any other purpose, except for the redemption of loans.
4. Right to Recall
§ Haryana Assembly passed Haryana Panchayati Raj (Second Amendment) Bill, 2020 providing
the right to recall members of PRIs.
§ It is a process whereby the electorate has the power to remove elected officials before the expiry
of their term; instrument of direct democracy
§ To recall, 50% members of a ward or gram sabha have to give in writing that they want to initiate
proceedings.
5. Electoral Bond scheme

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6. Association of World Election Bodies (A-WEB)

• It is the largest association of Election Management Bodies (EMBs) worldwide established on
October 14, 2013 in South Korea.
• Permanent secretariat located in Seoul, South Korea.
• Aim: To foster efficiency and effectiveness in conducting free, fair, transparent and participative
elections worldwide.
• Composition: 115 EMBs as Members & 16 Regional Associations/Organisations as Associate
Members.
7. Cognizable Vs Non-cognizable offences

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8. IPC and CrPC

9. Salient Features of Aadhaar card

• It is a 12-digit random number issued by the Unique Identification Authority of India (UIDAI)
to the residents of India.
• Any individual, irrespective of age and gender, who is a resident of India, may voluntarily enroll
to obtain an Aadhaar number.
• Person should provide minimal demographic and biometric information during the enrolment
process which is totally free of cost.

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• An individual need to enroll for Aadhaar only once and after de-duplication only one Aadhaar
shall be generated.
• Aadhaar metadata cannot be retained beyond six months.
• Private bodies like telecom companies, e-commerce firms cannot ask for biometric and other
data from consumers for their services.
• IRDAI has advised insurers not to mandatorily seek Aadhaar and PAN/Form 60 from customers,
existing or new, for KYC (Know Your Customer) purpose.
• Aadhaar will be sought for all transactions for an amount INR 50,000 or above.
• Note: Aadhaar card is not a proof of citizenship or domicile (Calcutta HC judgement).
10. Overseas Citizen of India (OCI)
o OCIs are of Indian origin but hold foreign passports.
o registered under section 7A of Citizenship Act, 1955.
o Benefits: Multiple entry lifelong visa for visiting India for any purpose + Exemption from
registration for any length of stay in India + Inter-country adoption of Indian children + Parity
with the Indian nationals for airfare tariffs for domestic travel and entry fees to any national
parks, museums, etc.
o Parity with NRIs in-
• Financial, economic and educational fields except in the acquisition of agricultural, farm
house or plantation properties.
• allowed to inherit agricultural or plantation properties from any person resident in India.
• An OCI for 5 years and who is ordinarily resident in India for 12 months before making an
application for registration is eligible for citizenship.
11. Enforcement Directorate
• It is a law enforcement and economic intelligence agency responsible for enforcing economic
laws and fighting economic crime in India.
• Formed to handle Exchange Control Law violations under the Foreign Exchange Regulation
Act,1947.
• administered by the Department of Revenue under the Ministry of Finance.
• It enforces Foreign Exchange Management Act,1999 (FEMA) and Prevention of Money
Laundering Act, 2002 (PMLA).
12. Important Doctrines
• Doctrine of Severability: The court has the authority to declare the challenged law
unconstitutional in its entirety or in part, as the case may be.
• Doctrine of Progressive interpretation: Implies that the courts have construed the
Constitution's provisions in light of the social, economic, and legal circumstances that existed at
the time.
• Doctrine of Prospective Overruling: Judicial invalidation or a new interpretation of the law
will have no effect on previous transactions or vested rights, but will only apply to future
transactions.
• Doctrine of eminent domain: It means the supreme power of the king or the government under
which property of any individual can be taken over in the concern of the general public.
• Doctrine of adverse possession: The state cannot trespass into the private property of a citizen
and then claim ownership of the land in the name of 'adverse possession’ + In India, a person
who is not the original owner of a property becomes the owner because he has been in possession
of the property for a minimum of 12-years, within which the real owner did not seek legal
recourse to oust him.
13. Right to Property

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• It is a legal right available to any person.

• Article 300-A provides that no person shall be deprived of his property save by authority of law.
• Originally a Fundamental Right in the original constitution under Article 31.
• 44th Amendment Act, 1978 deleted the right to property from the Fundamental Rights.
14. GST Council
• It is a joint forum of the Centre and the states set up by the President as per Article 279A (1) of
the amended Constitution.
• Members include the Union Finance Minister (chairperson), the Union Minister of State
(Finance) from the Centre.
• Each state can nominate a minister in-charge of finance or taxation or any other minister as a
member.
• Make recommendations to the Union and the states on important issues related to GST, like the
goods and services that may be subjected or exempted from GST, model GST Laws.
• It also decides on various rate slabs of GST.
15. National Investigation Agency (NIA)
• It is a central counter-terrorism agency under the Ministry of Home Affairs.
• The organization deals with terror related crimes across states without special permission from
the states.
• It is a statutory body.
• It is a central agency to investigate and prosecute offences:
o Affecting the sovereignty, security and integrity of India, security of State, friendly relations
with foreign States.
o Against atomic and nuclear facilities.
o Smuggling in High-Quality Counterfeit Indian Currency.
o It implements international treaties, agreements, conventions and resolutions of the United
Nations, its agencies and other international organisations.
o Its objective is also to combat terror in India. It acts as the Central Counter-Terrorism Law
Enforcement Agency.
o Headquarters: New Delhi.

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