Professional Documents
Culture Documents
Indian Polity
Analysis:
· How does the constitution of India provide equal rights? (30 Marks)
· Identify the major fundamental duties.
Directive Principles
· Bring out the fundamental differences between the Fundamental Rights & the Directive Principles of
State Policy/ Discuss some of the measures taken by the Union & State Governments for the
implementation of Directive Principles of State Policy. (30 Marks)
· What is the constitutional position of Directive Principles of State Polity? How has it been interpreted
by the Judiciary after the emergency of 1975-77? (30 Marks).
Speaker
· What is pro term speaker? (15 Marks).
Parliamentary Committees:
· Explain the role of Public Accounts Committee. (15 Marks).
Governor
· Explain the discretionary powers of Governor of a State. (30 Marks).
State Legislature
· Examine the major extra constitutional factors influencing the working of federal polity in India (15
Marks).
Centre-State Relations
· Comment on the financial relations between the Union & the States in India. Has post 1991
liberalization in any way affected it? (30 Marks).
· Discuss the administrative relations between the centre & the states in the light of recent controversies.
(30 Marks).
Elections
· Identify the major electoral reforms which are necessary in the Indian Political System
· Describe the methods of delimiting constituencies for parliamentary elections in India (15 Marks –
Important for this year).
Judiciary
· Is the High Courts power to issue writs wider than that of Supreme Court of India? (15 Marks)
· Is it possible to distinguish between Judicial review & Judicial Activism in India? Does the recent
behaviour of the Indian Judiciary partake more of judicial activism? Argue with suitable examples.
· What is the position of Supreme Court under the Constituion of India? How far does it play a role as
the Guardian of the Constitution. (30 Marks).
Emergency Provisions
Ghanshyam Thori 3 Indian Polity
Ghanshyam Thori Indian Polity
What is the meaning of “Breakdown of Constitutional Machinery”. What are its effects? (30 Marks).
Miscellaneous
· How has the Indian State tackled the tradeoff between Environment & development? (15 Marks).
Terms
Post Election Removal
President An electoral college consisting of the Through Impeachment. The process of
elected members of both houses of the impeachment may start in either house. The
Parliament and the elected members of charges are contained in a notice which has
the State Legislative Assemblies to be signed by at least one quarter of the
(Vidhan Sabha). The election uses the total members of that house. The notice is
Single Transferable Vote method of sent up to the President and 14 days later, it
proportional representation. is taken up for consideration. A resolution to
impeach the President has to be passed by a
two-third majority of the total members of
the originating house. It is then sent to the
other house where it has to be passed by
2/3rd majority. The president has the right to
defend himself during the process.
Legislative Assembly members do not
participate in impeachment.
Vice President By an electoral college consisting of all By a vote of the majority of the votes of all
the Members of both Houses of the members of both Houses of Parliament.
Parliament. But only Rajya Sabha can initiate the
process.
MP (Lok Direct Election. 2 members of Anglo
Sabha) Indian community nominated.
MP (Rajya Members are elected by the Legislative
Sabha) Assembly of Each State. Delhi &
Pondicherry are the only two UTs
having representation. 12 members are
nominated.
Governor No provision in constitution. He holds office
during the pleasure of the president.
MLA
Members of 1/3rd elected by State Legislative
Legilative Assembly, 1/3rd by local bodies, 1/12th
Council by university graduates, 1/12th by
teachers, 1/6th nominated by governor.
At present only 6 states viz Uttar
Pradesh, Bihar, Karnataka, Maharashtra
and Jammu and Kashmir & Andra
Pradesh (added in 2005) have legislative
council.
Supreme President appoints in consultation with A Judge of the Supreme Court cannot be
Court Judge Supreme Court. For this the person must removed from office except by an order of
be a citizen of India and must have been, the President passed after an address in each
for at least five years, a Judge of a High House of Parliament supported by a
Court or of two or more such Courts in majority of the total membership of that
succession, or an Advocate of a High House and by a majority of not less than
Court or of two or more such Courts in two-thirds of members present and voting,
succession for at least 10 years, or the and presented to the President in the same
person must be, in the opinion of the Session
President, a distinguished jurist.
High Court President after consultation with the Exactly Same as in case of Supreme Court
Judge Chief Justice of India, Governor of the Judge (cited above).
State Concerned & Chief Justice of High
Court.
Parliamentary Terms
Adjournment sine die Termination of a sitting of the House without any definite date being fixed for the
next sitting.
Appropriation Bill A Money Bill passed annually (or at various times of the year) providing for the
withdrawal or appropriation from and out of the Consolidated Fund of India of
moneys voted by Lok Sabha and moneys charged on the Consolidated Fund for
the services of a financial year or a part of a financial year.
Budget Annual financial statement of the estimated receipts and expenditure of the
Government of India in respect of a financial year. The Budget is laid in Rajya
Sabha in two parts viz., the Railway Budget and the General Budget.
Casting Vote The vote cast by the Chairman, or the person Acting as such in the House and by
the Chairman or person acting as such in a Committee, in the case of an equality
of votes on a matter.
Crossing the Floor Passing between the member in possession of the House and the Chair. To cross
the floor is a breach of Parliamentary etiquette
Dilatory Motion A motion for the adjournment of the debate or a motion to retard or delay the
progress of the business under consideration of the House. The debate on a
dilatory motion must be restricted to the matter of such motion. If the Chairman
is of opinion that such a motion is an abuse of the Rules of the House, he may
either forthwith put the question thereon from the Chair or decline to propose the
question.
Draw of Lot A method applied to determine the relative precedence of private members' Bills
and Resolutions, notices of questions, half-an-hour discussions or any other
notice given by more than one member simultaneously for being taken up on the
same day.
Expunction Deletion of words, phrases or expressions from the proceedings or records of
Rajya Sabha by an order of the Chairman as being defamatory or indecent or
unparliamentary or undignified.
Finance Bill Bill ordinarily introduced every year to give effect to the financial proposals of
the Government of India for the following financial year and includes a Bill to
give effect to supplementary financial proposals for any period.
Financial Bill Financial Bills are of two types:
(a) A Bill making provision for any of the matters specified in sub-clauses (a) to
(f) of clause (1) of article 110 of the Constitution is called a Money Bill. Such a
Bill cannot be introduced except on the recommendation of the President and a
Bill making such provisions cannot be introduced in Rajya Sabha.
(b) A Bill which if enacted and brought into operation would involve expenditure
from the Consolidated Fund of India. Such a Bill can be introduced in Rajya
Sabha. It cannot be passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.
Guillotine Guillotine is a different form of closure. It means the putting by the Chairman of
outstanding question or questions relating to the business in hand on expiry of the
time allotted for the discussion. Unlike closure, the guillotine to be applied is not
preceded by any motion. The Chair forthwith puts the question without further
debate.
Maiden Speech The first speech of a member after his election for the first time. Such a member
is, as a matter of courtesy, called upon by the Chairman to make his maiden
speech in preference to others rising to speak at the same time. It is a recognized
parliamentary convention that a member making a maiden speech is not
interrupted by another member.
Money Bill A Bill containing only provisions dealing with all or any of the matters specified
in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution is a Money
Bill. Such a Bill cannot be introduced in Lok Sabha except on the
recommendation of the President and a Bill making such provisions cannot be
introduced in Rajya Sabha.
Naming a Member The drawing of attention of the House by the Chairman to the conduct of a
member who disregards the authority of the Chair or abuses the Rules of the
House by persistently and willfully obstructing the business thereof, with a view
to action being taken to suspend him from the service of the House for a period
not exceeding the remainder of the session.
Ordinance A law made by the President in exercise of the powers vested in him by article
123 of the Constitution.
Point of Order A point relating to the interpretation or enforcement of the Rules of Procedure or
such articles of the Constitution as regulate the business of the House raised in
the House and submitted for the decision of the Chair. A member may raise a
point of order if the proceedings of the house do not follow the normal rules. The
presiding officer decides whether the point of order raised by the member should
be allowed.
Prorogation The termination of a session of Rajya Sabha by an order made by the President
under article 85(2)(a) of the Constitution.
Question Hour The first hour of a sitting of the House allotted for asking and answering of
questions. The questions consist of starred (oral), unstarred (written) & short
notice question.
Question of Privilege A question involving a breach of privilege either of a member or of the House or
of a Committee thereof or contempt of the House.
Parliamentary The term `parliamentary privilege' refers to certain rights and immunities enjoyed
Privileges by each House of Parliament and Committees of each House collectively, and by
members of each House individually, without which they cannot discharge their
functions, efficiently and effectively. The House has the power to punish any
person who commits contempt of the House or a breach of any of its privileges.
Lame Duck Session This session is held when a new Parliament has been elected but the old
parliament meets for the last time before it is dissolved. The lame-ducks are the
members of the parliament who have not got re-elected.
Privilege Motion Any member either from Lok Sabha or Rajya Sabha can move a Privilege Motion
notice against a person who he feels has caused breach of privilege either of his
own person or that of the house in general. The member moving the notice has to
seek prior permission of the Lok Sabha speaker or chairman of the Rajya Sabha
as the case may be.
Difference between When any of the privileges either of the members individually or of the House in
the breach of its collective capacity are disregarded or attacked by any individual or authority,
privileges and the offence is called a `breach of privilege'.
contempt of the Contempt of the House may be defined generally as "any act or omission which
House obstructs or impedes either House of Parliament in the performance of its
functions, or which obstructs or impedes any member or officers of such House
in the discharge of his duty, or which has a tendency, directly or indirectly, to
produce such results.
Whereas all breaches of privilege are contempts of the House whose privileges
are violated, a person may be guilty of a contempt of the House even though he
does not violate any of the privilege of the House, e.g. when he disobeys an order
to attend a committee or publishes reflections on the character or conduct of a
member in his capacity as a member.
Quorum The minimum number of members required to be present at a sitting of the House
or a Committee for valid transaction of its business. The quorum to constitute a
sitting of the House is one-tenth of the total number of members of the House.
Short Notice A question relating to a matter of urgent public importance asked with notice
Question shorter than fifteen clear days.
Starred Question Question to which a member wishes to have an oral answer on the floor of the
House and which is distinguished by an asterisk.
Unstarred Question A question which is not called for oral answer in the House. The written answer
to such a question is deemed to have been laid on the Table.
Adjournment, An adjournment terminates the sitting of the House which meets again at the time
Prorogation & appointed for the next sitting. An adjournment also signifies brief break of the
Dissolution of the sitting of the House which re-assembles at the appointed time on the same day.
House
Prorogation means the termination of a session of the House by an order made by
the President under article 85(2)(a) of the Constitution. Usually, prorogation
Dissolution of the House means the end of the life of the Lok Sabha either by an
order made by the President under article 85 (2) (b) of the Constitution or on the
expiration of the period of five years from the date appointed for its first meeting.
Departmentally These Committees, as their name suggests, consider and report on the
Related Standing working/demands for grants of the Ministries/Departments assigned to them.
Committee
Substantive, Motions may be classified into three broad categories namely substantive,
Substitute & substitute and subsidiary. A substantive motion is a self-contained independent
Subsidiary Motion proposal made in reference to a subject which the mover wishes to bring forward
e.g., all Resolutions are substantive motions.
Substitute Motion as its name suggests is moved in substitution of the original
motion for taking into consideration a policy or situation or statement or any
other matter.
Subsidiary Motion is a motion which depends upon or relates to another motion
or follows upon some proceedings in the House. By itself it has no meaning and
is not capable of stating the decision of the House without reference to the
original motion or proceedings of the House.
Adjournment Motion Adjournment Motion is the procedure for adjournment of the business of the
House for the purpose of discussing a definite matter of urgent public importance,
which can be moved with the consent of the Speaker. The Adjournment Motion,
if admitted, leads to setting aside of the normal business of the House for
discussing the matter mentioned in the motion. Only if 50 members support it &
speaker grants permission.
Subordinate "Rules, regulations, orders, schemes, bye-laws, etc. having the force of law,
Legislation framed by the Executive or other subordinate authority in pursuance of the power
conferred on it by the Constitution or delegated to it by an Act of Parliament.
Zero Hour The time immediately following the Question Hour and laying of papers and
before any listed business is taken up in the House has come to be popularly
known as `zero hour'. As it starts around 12 noon, this period is euphemistically
termed as `zero hour'. For raising matters during the so-called zero hour in Lok
Sabha, members give notice before 10 a.m. everyday to the Speaker stating
clearly the subject which they consider to be important and wish to raise in the
House. It is, of course, for the Speaker to allow or not allow raising of such
matters in the House. The term `zero hour' is not formally recognised in
parliamentary procedures.
Calling Attention A member with prior attention of the speaker may call the attention of a minister
Notice to a matter of urgent public importance. the Minister may make a brief statement
or ask for time to make a statement at a later hour or date. There can be no
debate on such a statement at the time it is made. The Calling Attention
procedure is an Indian innovation. It combines asking a question with
Resolution & Its A Resolution is the formal expression of opinion by the House. It may be in the
Types form of a declaration of opinion, or a recommendation
Resolutions may be categorized as: Private Members' Resolutions, Government
Resolutions and Statutory Resolutions. The Private Members Resolutions are
moved by a member (not a Minister); the Government Resolutions are moved by
Ministers; and the Statutory Resolutions are moved in pursuance of a provision
contained in the Constitution or an Act of Parliament.
Various Bodies
National Integration The then Prime Minister, Shri Jawaharlal Nehru, convened National Integration
Council Conference in September-October, 1961 to find ways and means to combat the
evils of communalism, casteism, regionalism, linguism and narrow-mindedness,
and to formulate definite conclusions in order to give a lead to the country. This
Conference decided to set up a National Integration Council (NIC) to review all
matters pertaining to national integration and to make recommendations thereon.
The NIC was constituted accordingly and held its first meeting in 1962.
The UPA Government in Feb 2005 reconstituted the National Integration Council
(NIC) under the chairmanship of the Prime Minister, Manmohan Singh. The 103-
member NIC was constituted after a gap of 12 years having held its last meeting
in 1992.
Besides Union Ministers, Chief Ministers and political leaders, the NIC will have
representation from various categories such as national commissions, media
persons, business, eminent public figures and women. The NIC will function as a
forum for effective initiative and interaction on issues of national concern, review
issues relating to national integration and make recommendations, according to
an official release here.
State Finance Article 243 I of the Indian Constitution prescribes that the Governor of a State
Commission shall, as soon as may be within one year from the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the
expiration of every fifth year, constitute a Finance Commission to review the
financial position of the Panchayats and to make recommendations to the
Governor as to
A. The principles which should govern
1. The distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the
allocation between the Panchayats at all levels of their respective
shares of such proceeds;
2. The determination of the taxes, duties, tolls and fees which may be
assigned as, or appropriated by, the Panchayats;
3. The grants-in-aid to the Panchayats from the Consolidated Fund of
the State;
B. The measures needed to improve the financial position of the Panchayats;
Uniform Civil Code Shah Bano Case: The Supreme Court first directed the Parliament to frame a
Article 44 UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano
Begum, popularly known as the Shah Bano case. In this case, a penurious Muslim
woman claimed for maintenance from her husband under Section 125 of the Code
of Criminal Procedure after she was given triple talaq from him. The Supreme
Court held that the Muslim woman have a right to get maintenance from her
husband under Section 125. The Court also held that Article 44 of the
Constitution has remained a dead letter.
After this decision, nationwide discussions, meetings, and agitation were held.
The then Rajiv Gandhi led Government overturned the Shah Bano case decision
by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which
curtailed the right of a Muslim woman for maintenance under Section 125 of the
Code of Criminal Procedure. The explanation given for implementing this Act
was that the Supreme Court had merely made an observation for enacting the
UCC, not binding on the government or the Parliament and that there should be
no interference with the personal laws unless the demand comes from within.
Sarla Mudgal Vs Union of India: The second instance in which the Supreme
Court again directed the government of Article 44 was in the case of Sarla
Mudgal v. Union of India. In this case, the question was whether a Hindu
husband, married under the Hindu law, by embracing Islam, can solemnise
second marriage The Court held that a Hindu marriage solemnised under the
Hindu law can only be dissolved on any of the grounds specified under the Hindu
Marriage Act, 1955. Conversion to Islam and Marrying again would not, by
itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage
solemnised after converting to Islam would be an offence under Section 494 of
Ghanshyam Thori 13 Indian Polity
Ghanshyam Thori Indian Polity
Conclusion:
The section of the nation against the implementation of UCC contends that in
ideal times, in an ideal State, a UCC would be an ideal safeguard of citizens’
rights. But India has moved much further from ideal than when the Constitution
was written 50 years ago.
But to conclude, I would like to say that citizens belonging to different religions
and denominations follow different property and matrimonial laws which is not
only an affront to the nation’s unity, but also makes one wonder whether we are a
sovereign secular republic or a loose confederation of feudal states, where people
live at the whims and fancies of mullahs, bishops and pundits.
Emergency Provisions National Emergency: The proclamation of emergency should be approved by
of the Constitution both houses within one month of the date of issue & passed by 2/3rd majority
otherwise ceases to operate in one month. Once it has been approved it remains in
force for a period of 6 months. The life of Lok Sabha can be extended upto one
year at a time & up to the period not exceeding beyond six months after the
proclamation ceases to operate. Fundamental rights except guaranteed in article
20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78.
However according to 44th amendment, national emergency cannot be declared
on grounds of internal disturbances.
Constitution features of the Constitution of India are beyond the limit of the powers of
amendment of the Parliament of India. The doctrine which was first expresed in
Kesavananda Bharati vs. The State of Kerala reflects judicial concern at the
perceived threat to the liberal constitutional order posed by the Indian National
Congress, in particular under Indira Gandhi.
On April 24, 1973, the Supreme Court ruled in Kesavananda Bharati v State of
Kerala that although the 25th Amendment of 1971 was constitutional, the court
still reserved for itself the discretion to reject any constitutional amendments
passed by Parliament by declaring that the amendments cannot change the
constitution's "basic structure".
The 42nd.amendment carried out by the Government in 1976 gave asserted that
parliament had unlimited powers to amend the constitution & tried to accord
precedence to Directive principles over fundamental rights. But in the Minerva
Mills Ltd Vs Union of India Case, 1980 the Supreme court struck down those
provisions
Chief Justice Sikri, writing for the majority, indicated that the Basic Structure
was:
· The supremacy of the Constitution;
· A Republican and democratic form of government;
· The secular character of the Constitution;
· Maintenance of the separation of powers;
· The federal character of the Constitution.
Justices Shelat and Grover added three features to the Chief Justice's list:
· The mandate to build a welfare state contained in the Directive Principles of
State Policy;
· Maintenance of the unity and integrity of India;
· The sovereignty of the country.
Justice Jaganmohan Reddy preferred to look at the Preamble; stating that the
basic features of the Constitution were laid out by that part of the document, and
thus could be represented by:
· A sovereign democratic republic;
· The provision of social, economic and political justice;
· Liberty of thought, expression, belief, faith and worship;
· Equality of status and opportunity.
Legislative In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha,
relationship between except in the case of Money Bills where the latter has overriding powers. Such
Lok Sabha and Rajya Bills cannot be introduced in Rajya Sabha and are deemed to have been passed if
Sabha these are not returned to Lok Sabha within fourteen days.
In the case of Bills, a disagreement between the two Houses may arise when a
Bill passed by one House is rejected by the other House; or the Houses have
finally disagreed as to the amendments to be made in the Bill; or more than six
months lapse from the date of the reception of the Bill by the other House without
the Bill being passed by it. A joint sitting of the Houses is convened for this
purpose. In the case of Money Bills, there is no question of a deadlock as the
Rajya Sabha has a limited say in such matters. There is no provision for a joint
sitting in case of a deadlock over a Constitution Amendment Bill. It cannot be
passed if other House does not pass it. Only in case of non-money bills joint
provision of joint sitting is available.
Preamble
We, the people of India, having solemnly resolved to constitute India into a Sovereign socialist secular
democratic republic and to secure to all its citizens :
Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity;
and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.
In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to
ourselves this constitution.
* Italicized word added by 42nd amendment
Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi
Lal & L. K. Advani have served the office.
Council of Should be a member of either house or do so within 6 months. Vote of no confidence
Ministers against any minister leads to resignation of entire council. The cabinet, state & deputy
ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the
budget before the parliament. Collectively responsible to parliament but individual
ministers responsible to President.
Lok Sabha Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian
community in 1976. Minimum 25 years of age. The security deposit has been
increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs
250 to Rs 5000. 10 electors should propose. No candidate can contest elections from
more than 2 constituencies. Oath before president or some person appointed by him.
Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60
days without intimation. The speaker continues in the house even after the dissolution
of the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly
salary of Rs 12000 & pension of 3000 which increases according to the number of
years served. The joint session is called if a bill passed is rejected by other house or
no action is taken. Speaker presides over joint sessions.
Rajya Sabha 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state
legislative assemblies on the basis of proportional representation through a single
transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok
Sabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does not
lapse.
Supreme Court 5 years as high court judge or 10 years as advocate. Hold office till the age of 65.
Judge Address their resignation to president. The salaries of chief justice & other judges are
33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two houses
of the parliament. Original Jurisdiction (Centre-state & fundamental rights),
Appellate jurisdiction (Only if high court certifies or the high court has awarded
death sentence after reversing judgement or after withdrawing case from lower court
& Advisory jurisdiction.
Governor Oath before chief justice of high court of that state. 35 years of age. Draws
36000.Adresses first session of state legislature after elections. Appoint one sixth
members of legislative council. Nominates one member of Anglo Indian community
to the legislative assembly. Makes laws through ordinances. Can grant pardon but not
in case of death sentence. Reserve a bill for president’s consideration. He is permitted
to act without the advice of the council of ministers unlike president. Ordinance
issued by him remains in force for a maximum 6 months. The constitution does not
contain any provision for his impeachment.
Advocate Person who is qualified to be a judge of the high court. Remunerations as the
General governor may determine.
Legislative 60 to 500 members according to population but Sikkim has only 32 members. 25
Assembly years of age. Goa, Mizoram, Pondicherry have only 30 members.
Legislative Its members are elected by legislative assembly (1/3rd) local bodies (1/3rd), teachers
Council (1/12th), university graduates (1/12th) & nominated by governor (1/6th). The
maximum membership can be 1/3rd that of Legislative Assembly but in no case less
than 40 members. 30 years of age. The legislative council can delay an ordinary bill
for 3 months & a money bill for 14 days. There is no provision for joint sitting here.
High Court To become a judge – advocate for 10 years or held judicial office in Indian Territory
for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other
judges 26000. The pension of the high court judges is charged to the Consolidated
fund of India.
Administrative Incorporated by 42nd amendment through addition of articles 323A & 323B. CAT is
Tribunals located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision
of CAT can be challenged in a high court.
Inter State Created on the recommendations of the Sarkaria commission although constitution
Council provided for it. Appointed by president. Advises on disputes between various states.
Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of
cabinet rank. Meets atleast 3 times a year.
Zonal Council Set up under state reorganization act 1956. 5 before & 6th added in 1972 called NE
council. Consists of Union minister nominated by president, CM of each state in the
zone, two ministers from each state nominated by governor & one member per UT.
Union Home Minister heads the zonal council. The Chief Ministers of the member
states hold the post of Vice Chairman of the Council by rotation for 1 year.
UPSC Chairman & 8 members. Members appointed for a 6 year term or till they attain 65
years of age. President can issue orders for the removal of the members of the UPSC
only after supreme court makes such recommendation on the basis of an enquiry.
Members not eligible for employment by the government after retirement. The state
can restrict the fundamental rights of civil servants.
Comptroller & 6 years or till the age of 65 years. The president can remove CAG only after
Auditor recommendation of the two houses of parliament. Salary of 30,000. He only conducts
General audit. Submits report to President who in turn places it before parliament.
Attorney Qualification same as judge of supreme court. Appears before supreme court &
General various high courts involving the Government of India.
Election Two commissioners with equivalent power. Period of 6 years. Job also includes
Commission delimitation of constituency to ensure same number of people in each. The election
commission of India appoints the ‘Returning officers’ for the state assembly elections
to help conduct fair elections. Election of local bodies comes under state election
commission. The state election commission is a single member commission
comprising SEC.
Finance Qualified to be appointed as judges of the high court or special knowledge of finance
Commission & accounts of government. Comprises chairman & four other members. Functions:-
(Art. 280) recommend distribution of taxes between centre & states, grant-in-aid to states,
advice president on any matter.
Planning Non-statutory body which formulates 5 year plans. The Commission works through
Commission its various divisions, of which there are three kind: General Planning Divisions,
Special Planning Divisions, Programme Administration Divisions
NDC Extra constitutional & extra legal body. Its recommendations are binding in nature as
per convention
Minorities Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate
commission minister the welfare of SC/ST/OBC.
Panchayat Panchayat is responsible to gram sabha, the general body of villagers comprising all
adults. Members usually range from 5 to 31. Members have same requirements as
MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI
schedule
Panchayat Genearlly comprises of the sarpanches of village panchayats under the block. Its
Samiti chairman called ‘Pradhan’ is elected from among its members. Responsible to gram
panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram
panchayat & Zilla Parishad
Zila Parishad Consists of representatives of panchayat samiti, local members of state legislature,
members of parliament, members representing SC/ST/Women/cooperative bodies.
Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members.
Depends entirely on state government for grants.
Article 8 Rights of citizenship of certain persons of Indian origin residing outside India
Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Article 10 Continuance of the rights of citizenship
Article 11 Parliament to regulate the right of citizenship by law
Part III Fundamental Rights
Article 12 Definition
Article 13 Laws inconsistent with or in derogation of the fundamental rights
Article 14 Equality before law meaning ‘equality of treatment within a class’
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to -
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
whole or partly out of State funds or dedicated to the use of general public.
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
(4) Nothing in this article or in clause (2) or article 29 shall prevent the State from
making any special provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Article 16 Equality of opportunity in matters of public employment
1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion to any class or classes of posts in the services under
the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination.
Art 39 (b) & Article 39 Certain principles of policy to be followed by the State
(c) of The State shall, in particular, direct its policy towards securing -
Directive (a) that the citizen, men and women equally, have the right to an adequate means of
Principles livelihood;
have (b) that the ownership and control of the material resources of the community are so
primacy over distributed as best to subserve the common good;
Fundamental (c) that the operation of the economic system does not result in the concentration of
Rights. wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women,
and the tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Scope of Representation of the Anglo-Indian community in the House of the People
Article 331 Notwithstanding anything in article 81, the President may, if he is of opinion that the
Anglo-Indian community is not adequately represented in the House of the People,
nominate not more than two members of that community to the House of the People.
Parliamentary Committees
1. Business Advisory Committee 15 members. Speaker is chairman
2. Committee on Private 15 members. Deputy Chairman is chairman. Classifies bills
Members Bills & Resolutions according to importance.
3. Select Committees Constituted for considering different bills.
4. Committee on Petitions 15 members.
5. Rules Committee 15 members. Speaker is head. Rules of House
6. Committee on Privileges 15 members. Violation of Privileges of M.P
7. Committee on Subordinate
Legislations
8. Committee on Welfare of 30 Members. 20 M.Ps & 10 R.S.
Scheduled Castes & Scheduled
Tribes
9. Committee on Government 15 members. How far assurances given by the ministers have been
Assurances implemented
10. Committee on Absence of Examines leave applications of members
Members
11. Estimates Committee 30 members all of which are from Lok Sabha. Examines Annual
Estimates & suggests alternative policies. A Minister is not
eligible for election to this Committee. The term of the Committee
is one year. The main function of the Committee on Estimates is to
report what economies, improvements in organisation, efficiency,
or administrative reform, consistent with the policy underlying the
estimates may be effected and to suggest alternative policies in
order to bring about efficiency and economy in administration.
From time to time the Committee selects such of the estimates
pertaining to a Ministry or a group of Ministries or the statutory
and other Government bodies as may seem fit to the Committee.
The Committee also examines matters of special interest which
may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
12. Public Accounts Committee 22 members. 15 M.Ps & 7 R.S. Assisted by Comptroller &
Auditor general. It acts as a watch dog of expenditure. This
committee is headed by the member of the opposition by
convention. A Minister is not eligible for election to this
Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money
granted by Parliament has been spent by Government "within the
scope of the Demand". The Appropriation Accounts of the
Government of India and the Audit Reports presented by the
Comptroller and Auditor General mainly form the basis for the
examination of the Committee. Cases involving losses, nugatory
expenditure and financial irregularities come in for severe
13. Committee on Public 22 members. 10 M.Ps from Lok Sabha & 7 R.S. Examines
Undertakings working of public undertakings. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
14. Ethics Committee In 1997, the Ethics Committee of the Rajya Sabha was constituted.
The Ethics Committee of the Lok Sabha was constituted on 16
May 2000. The ethics committee of the Lok Sabha comprises 15
members.
· The formation of the Ethics Committee in Rajya Sabha, as
one of the instruments to ensure value based politics may,
therefore, be seen a step in that direction.
· Moral and ethical conduct of the Members
· The Committee does not favour the idea of subjecting the
Members to the disciplinary authority of an agency outside
the jurisdiction of the House.
· It is the considered view of the Committee that it should
be made compulsory for the Members to declare their assets
and liabilities and those of their immediate family which
includes spouse, dependent daughters and dependent sons
before the Committee
15. Joint Committee on Salaries & 15 members. 10 nominated by speaker & 5 by the chairman of
Allowances Rajya Sabha.
16. Joint Committee on Offices of 15 members. 10 L.S & 5 R.S.
Profit
17. Parliamentary Subject 17 parliamentary committees were constituted. 11 by Speaker &
Committees 6 by chairman of Rajya Sabha
Lists
Union List (99) Defence, Foreign affaris, currency, banking, communication, inter-state
trade, commerce, atomic energy, railways, highways, aerodromes.
[Originally 97 items – one deleted, 3 added]
State List (61) Health, sanitation, public order, agriculture, prisons, local government,
liquor, transportation, relief of disabled, sales tax & octroi, taxes on
entertainment & wealth. [Originally 66 items out of which 5 transferred to
concurrent list].
Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce,
drugs, newspapers, books & printing press, social insurance, trade unions,
preventive detention, stamp duties. [Originally 47 but 5 items transferred to
this list from state list]
Annexure - I
Other Articles of the Constitution
Part V The Union
Chapter I The Executive – The President & the Vice President
Article 52 The President of India
Article 53 Executive power of the Union
Article 54 Election of President
Article 55 Manner of election of President
Article 56 Term of office of President
Article 57 Eligibility for re-election
Article 58 Qualifications for election as President
Article 59 Conditions of President's office
Article 60 Oath or affirmation by the President
Article 61 Procedure for impeachment of the President
Article 62 Time of holding election to fill vacancy in the office of resident and the term of office
or person elected to fill casual vacancy
Article 63 The Vice-President Of India
Article 64 The Vice-President to be ex-officio Chairman of the Council of States
Article 65 The Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
Article 66 Election of Vice-President
Article 67 Term of office of Vice-President
Article 68 Time of holding election to fill vacancy in the office of Vice-President and the term
Article 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Article 190 Vacation of seats
Disqualification of Members
Article 191 Disqualification for membership
Article 192 Decision on question as to disqualifications of members
Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or
when not qualified or when disqualified
Power, Privileges & Immunities of State Legislatures & their Members
Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof
Article 195 Salaries and allowances of members
Legislative Procedure
Article 196 Provisions as to introduction and passing of Bills
Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 198 Special procedure in respect of Money Bills
Article 199 Definition of "Money Bills"
Article 200 Assent to Bills
Article 201 Bills reserved for consideration
Procedure in Financial Matters
Article 202 Annual financial statement
Article 203 Procedure in Legislature with respect to estimates
Article 204 Appropriation Bills
Article 205 Supplementary, additional or excess grants
Article 206 Votes on account, votes of credit and exceptional grants
Article 207 Special provisions as to financial Bills
Procedure Generally
Article 208 Rules of procedure
Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial
business
Article 210 Language to be used in the Legislature
Article 211 Restriction on discussion in the Legislature
Article 212 Courts not to inquire into proceedings of the Legislature
Chapter IV Legislative Power of the Governor
Article 213 Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V The High Courts in the States
Article 214 High Courts for States
Article 215 High Courts to be courts of record
Article 216 Constitution of High Courts
Article 217 Appointment and conditions of the office of a Judge of a High Court
Article 218 Application of certain provisions relating to Supreme Court to High Courts
Article 219 Oath or affirmation by Judges of High Courts
Article 220 Restriction on practice after being a permanent Judge
Article 221 Salaries, etc., of Judges
Ghanshyam Thori 35 Indian Polity
Ghanshyam Thori Indian Polity
Article 243H Powers to impose taxes by, and Funds of, the Panchayats
Article 243I Constitution of Finance Commission to review financial position
Article 243J Audit of accounts of Panchayats
Article 243K Elections to the Panchayats
Article 243L Application to Union territories
Article 243M Part not to apply to certain areas
Article 243N Continuance of existing laws and Panchayats
Article 243O Bar to interference by courts in electoral matters
Part IXA The Municipalities
Article 243P Definitions
Article 243Q Constitution of Municipalities
Article 243R Composition of Municipalities
Article 243S Constitution and composition of Wards Committees, etc.
Article 243T Reservation of seats
Article 243U Duration of Municipalities, etc.
Article 243V Disqualifications for membership
Article 243W Powers, authority and responsibilities of Municipalities etc.
Article 243X Power to impose taxes by, and Funds of, the Municipalities
Article 243Y Finance Commission
Article 243Z Audit of accounts of Municipalities
Article 243ZA Elections to the Municipalities
Article 243ZB Application to Union territories
Article 243ZC Part not to apply to certain areas
Article 243ZD Committee for district planning
Article 243ZE Committee for Metropolitan planning
Article 243ZF Continuance of existing laws and Municipalities
Article 243ZG Bar to interference by Courts in electoral matters
Part X The Scheduled and Tribal Areas
Article 244 Administration of Scheduled Areas and Tribal Areas
Article 244A Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor
Part XI Relations Between the Union and the States
Chapter I Legislative Relations
Article 245 Extent of laws made by Parliament and by the Legislatures of States
Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States
Article 247 Power of Parliament to provide for the establishment of certain additional courts
Article 248 Residuary powers of legislation
Article 249 Power of Parliament to legislate with respect to a matter in the State List in the
National interest
Article 250 Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation
Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws
made by the legislatures of States
Article 252 Power of Parliament to legislate for two or more States by consent and adoption of
such legislation by any other State
Article 253 Legislation for giving effect to international agreements
Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures
of States
Article 255 Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only
Chapter II Administrative Relations
Article 256 Obligation of States and the Union
Article 257 Control of the Union over States in certain cases
Article 257A Assistance to States by deployment of armed forces or other forces of the Union
Article 258 Power of the Union to confer powers, etc., on States in certain cases
Article 258A Power of the States to entrust functions to the Union
Article 259 [Repealed] Armed Forces in States in Part B of the First Schedule
Article 260 Jurisdiction of the Union in relation to territories outside India
Article 261 Public acts, records and judicial proceedings
Disputes relating to Waters
Article 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
Article 263 Provisions with respect to an inter-State Council
Part XII Finance, Property, Contracts and Suits
Chapter I Finance
Article 264 Interpretation
Article 265 Taxes not to be imposed save by authority of law
Article 266 Consolidated Funds and public accounts of India and of the States
Article 267 Contingency Fund
Article 268 Duties levied by the Union but collected and appropriated by the States
Article 269 Taxes levied and collected by the Union but assigned to the States
Article 270 Taxes levied and collected by the Union and distributed between the Union and the
States
Article 271 Surcharge on certain duties and taxes for purposes of the Union
Article 272 [Omitted]
Article 273 Grants in lieu of export duty on jute and jute products
Article 274 Prior recommendation of President require to Bills affecting taxation in which States
are interested
Article 275 Grants from the Union to certain States
Article 276 Taxes on professions, trades, callings and employments
Article 277 Savings
Article 278 [Repealed] Agreement with States in Part B of the First Schedule with regard to
certain financial matters
Article 279 Calculation of "net proceeds", etc.
Article 280 Finance Commission
Article 281 Recommendations of the Finance Commission
Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts
Article 336 Special provision for Anglo-Indian community in certain services
Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indian
community
Article 338 National Commission for Scheduled Castes,
Article 338A National Commission for Scheduled Tribes
Article 339 Control of the Union over the administration of Scheduled Areas and the welfare of
Scheduled Tribes
Article 340 Appointment of a Commission to investigate the conditions of backward classes
Article 341 Scheduled Castes
Article 342 Scheduled Tribes
Part XVII Official Language
Chapter I Language of the Union
Article 343 Official language of the Union
Article 344 Commission and Committee of Parliament on official language
Chapter II Regional Languages
Article 345 Official language or languages of a State
Article 346 Official language for communication between one State and another or between a
State and the Union
Article 347 Special provision relating to language spoken by a section of the population of a
State
Chapter III Language of the Supreme Court, High Courts, etc.
Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.
Article 349 Special procedure for enactment of certain laws relating to language
Chapter IV Special Directives
Article 350 Language to be used in representations for redress of grievances
Article 350A Facilities for instruction in mother-tongue at primary stage
Article 350B Special Officer for linguistic minorities
Article 351 Directive for development of the Hindi language
Part XVIII Emergency Provisions
Article 352 Proclamation of National Emergency
Article 353 Effect of Proclamation of Emergency
Article 354 Application of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation
Article 355 Duty of the Union to protect States against external aggression and internal
disturbance
Article 356 Provisions in case of failure of constitutional machinery in States
Article 357 Exercise of legislative powers under Proclamation issued under article 356
Article 358 Suspension of provisions of article 19 during emergencies
Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies
Article 359A [Repealed] Application of this Part to the State of Punjab
Article 360 Provisions as to financial emergency