READY RECKONER OF POLITY

INDEX
R
E 1. Salient Features .......................................................................................... 1

A 2. Schedules .................................................................................................... 2

3. Preamble ..................................................................................................... 3

D 4. Union and Its Territory, Citizenship ............................................................ 4

Y 5. Fundamental Rights, Directive Principles of State Policies.................... 5-11

6. Fundamental Duties, Amendments .......................................................... 12

7. Basic Structure .......................................................................................... 13

R 8. Federal System ..................................................................................... 14-15

9. Emergency Provisions .......................................................................... 16-17

E 10. Centre and State Relations, Inter State Relations ............................... 18-20

C 11. Executive .............................................................................................. 21-26

12. Legislature ............................................................................................ 27-35

K 13. Judiciary ............................................................................................... 36-39

O 14. Local Government ................................................................................ 40-43

15. Constitutional Bodies ........................................................................... 44-45

N 16. Non Constitutional Bodies ................................................................... 46-48

E 17. Miscellaneous ........................................................................................... 49

18. Historical Background .......................................................................... 50-51

R
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SALIENT FEATURES OF THE CONSTITUTION
1. Lengthiest Written Constitution
• about 465 Articles (divided into 25 Parts) and 12
Schedules
2. Drawn From Various Sources
• Dr.B.R.Ambedkar proudly acclaimed that the
Constitution of India has been framed after
‘ransacking all the known Constitutions of the
World'
• structural part of the Constitution derived from
the Government of India Act of 1935
• philosophical part of the Constitution (the
Fundamental Rights and the Directive Principles
of State Policy) derive their inspiration from the
American and Irish Constitutions respectively
3. Blend of Rigidity and Flexibility
• Article 368 provides for two types of
amendments
• special majority of the Parliament,
• special majority of the Parliament and with the
ratification by half of the total states
4. Federal System with Unitary Bias
• Features of a federation, viz., two government,
division of powers, written Constitution,
supremacy of Constitution, rigidity of
Constitution, independent judiciary and
bicameralism.
5. Parliamentary Form of Government
• Presence of nominal and real executives
• Majority party rule
• Collective responsibility of the executive to the
legislature,
• Membership of the ministers in the legislature,
• Leadership of the prime minister or the chief
minister,
• Dissolution of the lower House (LokSabha or
Assembly).
6. Synthesis of Parliamentary Sovereignty and Judicial
Supremacy
• Indian parliamentary system is a proper synthesis
between the British principle of parliamentary
sovereignty and the American principle of judicial
supremacy.
• The Supreme Court, on the one hand, can
declare the parliamentary laws as
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unconstitutional through its power of judicial
review.
• The Parliament, on the other hand, can amend
the major portion of the Constitution through its
constituent power.
7. Integrated and Independent Judiciary
• Supreme Court is a federal court, the highest
court of appeal, the guarantor of the
fundamental rights of the citizens and the
guardian of the Constitution
8. Fundamental Rights
• Right to Equality (Articles 14–18),
• Right to Freedom (Articles 19–22),
• Right against Exploitation (Articles 23–24),
• Right to Freedom of Religion (Articles25–28),
• Cultural and Educational Rights (Articles 29–30),
and
• Right to Constitutional Remedies (Article 32).
9. Directive Principles of State Policy
• According to Dr.B.R.Ambedkar, the Directive
Principles of State Policy is a ‘novel feature’ of
the Indian Constitution.
10. Fundamental Duties
• 42nd Constitutional Amendment Act of 1976 on the
recommendation of the Swaran Singh Committee.
• The 86th Constitutional Amendment Act of 2002
added one more fundamental duty.
11. A Secular State
• ‘Secular’ was added to the Preamble of the Indian
Constitution by the 42nd Constitutional
Amendment Act of 1976.
12. Universal Adult Franchise
• The voting age was reduced to 18 years from 21
years in 1989 by the 61st Constitutional
Amendment Act of 1988.
13. Single Citizenship
14. Independent Bodies
15. Emergency Provisions
• National emergency (Article 352);
• State emergency (President’s Rule) (Article 356)
and (Article 365)
• Financial emergency (Article 360).
16. Three-tier Government
• 73rd and 74th Amendment Act of 1992.
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Numbers Subject Matter Sources of the Constitution

Name of the State, Union Territories and
First Schedule Features Source
their territorial jurisdiction
Salaries, Emoluments, Privileges of Parliamentary Government
certain dignitaries. Rule of Law
President, Governor, Speaker, Deputy Parliamentary Privileges British Constitution
Speaker of Loksabha and Legislative Single citizenship
Assembly, Chairman and Deputy Bicameralism
Second Fundamental Rights
Chairman of RajyaSabha and Legislative
Schedule Judicial independence and USA
Council, Judges of Supreme Courts and
High Courts, CAG. Judicial Review
Not mentioned are MPs, MLAs, Union Post of vice president
and State Ministers, Election DPSP
Commissioner, UPSC Members Nomination of Rajyasabha
Ireland
Oath and Affirmations: members
Union, State Ministers, MLA, MP Method of President election
Contestants, MLA & MPs, Judges of Federation with strong centres
Canada
Supreme Court and High Court Judges, residuary power with centre
CAG. Not included President, Vice Concurrent List
President Freedom of Trade and Australia
Note: CAG, Judges of Supreme and High Commerce Joint Sitting.
Court are included in third and fourth Suspension of Fundamental Weimer constitution of
Third rights during Emergency Germany
schedules
Fundamental Duties, ideals of
USSR
Not included: justice.
President & Vice President, Speaker, Republic, Liberty, Equality and
France
Deputy Speaker of LokSabha, Legislative Fraternity.
Assembly, Chairman & Deputy Chairman Amendment of the Constitution South Africa
of Legislative Council, Election Procedure established by Law Japan
Commission, UPSC, SPSC
Fourth Allocation of the Seats in RajyaSabha,
Schedule States and UTS
Fifth Schedule Scheduled Areas and Scheduled Tribes
Sixth Administration of Tribal Areas in Assam,
Schedule Meghalaya, Tripura and Mizoram
Seventh
Division of Powers
Schedule
Official Languages recognized by the
Constitution originally 14and now 22
Eigth languages
st
Schedule 21 CAA – Sindhi
st
71 CAA– Konkani, Manipuri, Nepali
nd
92 CAA– Bodo, Dongri, Mythili, Santhali
Ninth
Matters outside judicial review
Schedule
introduced by first amendment act
nd
Tenth Anti Defection law introduced to 52
Schedule Amendment Act
Powers that can be transferred to
Eleventh rd
Panchayats (29 Matters) 73
Schedule
constitutional amendment 1992
Powers that can be transferred to
Twelth
Municipalities (18 Subjects)
Schedule th
74 constitutional amendment 1992

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PREAMBLE OF THE CONSTITUTION • Equality- ‘equality’ means the absence of special

privileges to any section of the society, and the
1. Preamble is based on the ‘Objectives Resolution’, provision of adequate opportunities for all individuals
drafted and moved by Pandit Nehru, and adopted by without any discrimination. Ensures equality of status
the Constituent Assembly. and opportunities.
2. It was enacted at the end of the constitution to reflect • Fraternity- A sense of brotherhood, the Constitution
constitution. promotes this feeling of fraternity by the system of
3. Preamble is not a source of power to legislature not a single citizenship.
prohibition upon the powers of legislature.
4. It is non-justiciable. Significance of the Preamble:
5. The Preamble has been amended only once so far, in
1976, by the 42nd Constitutional Amendment Act, 1. Basic Philosophy and Fundamental values of the
which has added three new words— Socialist, Secular constitution are stated.
and Integrity—to the Preamble 2. Essential to unravel minds of constitutional
6. Key words: forefathers.
• Sovereign- India is neither a dependency nor a 3. Date of enactment of constitution – Nov 26, 1949
dominion of any other nation, but an independent mentioned only in Preamble.
state 1. Source of the constitution as People of India is
• Socialist- Indian brand of socialism is a ‘democratic mentioned in Preamble.
socialism’ (coexistence of public and private sector) 2. Nature of Indian state-sovereign, socialist, secular,
and not a ‘communistic socialism’ (also known as democratic and republican polity.
‘state socialism’). Indian socialism is a blend of 3. Objectives- it specifies justice, liberty, equality,
Marxism and Gandhism, leaning heavily towards fraternity, unity and integrity.
Gandhian socialism’.
• Secular- added by the 42nd Constitutional Preamble as part of the constitution:
Amendment Act of 1976. Positive concept of
Berubari case: Preamble is not part of the constitution.
secularism ie, all religions in our country (irrespective
of their strength) have the same status and support Keshavananda Bharati case, LIC of India case: Preamble is
from the state. part of the constitution.
• Democratic- The term ‘democratic’ is used in the Amendment of Preamble: Preamble can be amended
Preamble in the broader sense embracing not only without affecting Basic features of the constitution.
political democracy but also social and economic
democracy.
• Republic- the term ‘republic’ in our Preamble
indicates that India has an elected head called the
president. It implies political sovereignty lies with
people and public offices are open to all.
• Justice- The term ‘justice’ in the Preamble embraces
three distinct forms—social, economic and political,
secured through various provisions of Fundamental
Rights and Directive Principles.(political through FR’s
and social and economic justice through DPSP)
• Liberty- absence of restraints on the activities of
individuals, and at the same time, providing
opportunities for the development of individual
personalities.

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READY RECKONER OF POLITY
UNION AND ITS TERRITORY
Articles 1 to 4 under Part-I
• Article 1 describes India, that is, Bharat as a ‘Union of
States’ not Federation of states. (it is not result of
agreement between the states and there is no right to
secede for the states)
• According to Article 1, the territory of India can be
classified into three categories: 1. Territories of the
states, 2. Union territories, 3. Territories that may be
acquired by the Government of India at any time.
• ‘Territory of India’ is a wider expression than the
‘Union of India’ .Union of India implies States .where
as Territory of India implies states, UTs, territories
that may be acquired in future.
• Article 2 grants two powers to the Parliament: (a) the
power to admit into the Union of India new states;
and (b) the power to establish new states.
• Article 3 authorises the Parliament to: (a) 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, (b)
increase the area of any state, (c) diminish the area of
any state, (d) alter the boundaries of any state, and
(e) alter the name of any state.
• Article 4 states that laws made under Art 2 and Art 3,
shall not be considered as a constitutional
Amendment under Art 368.
• If any territory has to be ceded to a foreign country, it
cannot happen under Art 3. It needs an amendment
under Art 368.
• 100th constitutional amendment act ceded certain
enclaves to Bangladesh.
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Evolution of States and Union Territories
• Dhar Commission (1948): reorganisation of states on
the basis of administrative convenience rather than
linguistic factor.
• JVP Committee(1948): formally rejected language as
the basis for reorganisation of states
• Fazl Ali Commission: submitted its report in
September 1955 and broadly accepted language as
the basis of reorganisation of states. But, it rejected
the theory of ‘one language–one state’.
• Based on Fazl Ali commission, States reorganisation
act 1956 and 7th CAA led to Abolition of four fold
classification of states and formation of 14 states and
6 UTs.
• First linguistic state created in India – Andhra state in
1953.
New states that came in to Existence after 1956
1. 1960-Maharastra , Gujarat from Bombay
2. 1963 – Nagaland
3. 1966 – Haryana, Chandigarh and HP from Punjab
Province.
4. 1972 – Manipur, Tripura and Meghalaya.
5. 1975 – Sikkim (36 CAA)
6. 1987 – Mizoram, Arunachal Pradesh and Goa.
7. 2000 - Chattisgarh, Uttarakhand and Jharkahand.
8. 2014 – Telangana
CITIZENSHIP
Who are citizens?
At the time of commencement of the constitution
• Person who is domicile in India – born, any one of the
parent is Indian,(descent) resident in India for 5
years.
• People who came from Pakistan
• People who went to Pakistan and returned back to
India before commencement of this constitution.
• Persons of Indian origin residing outside India (by
registration)
Acquisition of Citizenship – Birth, Descent,
Registration, Naturalisation, incorporation of a new
Territory.
Loss of citizenship: Renunciation – voluntarily giving
away of citizenship. Termination-acquiring foreign
citizenship automatically terminates it. Deprivation-
compulsory termination by central government in
cases of fraudulent acquisition of citizenship.
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FUNDAMENTAL RIGHTS
Part III of the Constitution from Articles 12 to 35
• Source: Bill of rights-USA
• Originally 7 FRs, Presently 6 FRs. Right to property
deleted by 44th CAA 1978.Presently Right to
property-Legal right (Art 300A)
• Magna Carta of India.
• Essential for all round development of citizens.
• Fundamental rights are:
Right to equality—Art 14 to 18
Right to freedom—Art 19 to 22
Right against exploitation—Art 23 to 24
Right to freedom of religion—Art 25 to 28
Cultural and educational rights-Art 29 to 30
Right to constitutional remedies—Art 32
• Features of FRs
1. Few are available only to citizens not to foreigners
(Art 15,16,19,29 and 30).
2. Available to citizens and foreigners too but not enemy
aliens (14,20,21,21A,22,23,24,25,26,27,28)
3. Fundamental rights available against private citizens
too – 15,17,23,24,32(only Habeaus corpus)
2. They are not absolute but qualified. Reasonable
restrictions can be imposed.
3. Most of them are available against the arbitrary
action of the State, with a few exceptions like those
against the State’s action only are violated by private
individuals.
4. Most of them are negative in character, that is, place
limitations on the authority of the State, while others
are positive in nature, conferring certain privileges on
the persons.
5. They are justiciable
6. Defended and guaranteed by the Supreme Court (art
32) and High court(Art 226)
7. They are not sacrosanct or permanent.
8. They can be suspended during the operation of a
National Emergency except the rights guaranteed by
Articles 20 and 21.
9. Their scope of operation is limited by Article 31A,
31B, 31C.
Their application can be restricted while martial law is
in force in any area.
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10. Most of them are directly enforceable. For few an
enabling law only by Parliament is necessary Ex – 21A
11. Article 12 – Definition of State: Union and State
governments legislatures, local authorities, PSUs etc.,
12. Art 13 – all laws that are inconsistent with
fundamental rights shall be void.
a. Laws of parliament, state legislature
b. Ordinances
c. Non legislative sources of law (Convention).
d. Delegated legislation
Word law do not apply for personal laws and
constitutional amendment acts.
Art 14 – 18 : Right to Equality
Equality before law: Rule of law (Dicey)- Basic feature
of the constitution.
a. No punishment except for breach of law.
b. Equal subjection of citizens to same law
administered by ordinary law courts.
c. Primacy of the rights of the Individual.
Exceptions:
• President of India and Governor of the state. (No
criminal proceedings during their office)
• Foreign sovereigns, ambassadors and diplomats.
• Art 31C – Laws made for implementing DPSP under
39(b), 39(c).
• Article 105, 194 –MLAs and MPs are not liable for any
of their action inside legislature.
• Article 361A, No person shall be liable for true
reporting of proceedings of Parliament and State
Legislature.
Equal Protection of Law:
Equals shall be treated equally. Aristotle concept.
Reservations are Justified based on this.
Article 15 :
a. No discrimination in giving Access to shops, Public
restaurants, hotels and places of public entertainment
– applicable to state.
b. No discrimination in Use of wells, tanks, bathing ghats
maintained by state funds for general public. applies
to both citizens and state.
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State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of
birth.
Exceptions: Women and children, educationally and
socially backward classes of citizens.
93rd AA – Reservations in Private educational
institutions for OBCs other than Minority educational
Institutions.
Creamy layer is applicable for OBC reservations.
Art 16: Equal opportunity in Public employment
No citizen can be discriminated are made in eligible
for employment of any office under the state and the
grounds of only religion, race, caste, sex, descent,
place of birth or residence. (Under article 15 descent,
residence do not exist)
Exceptions:
Parliament by law only can make exceptions.
(State legislature cannot make any law)
a. Residence as conditions for certain types of
employment. Example 371D in Andhra Pradesh.
b. Reservations to socially and educationally backward
classes.
c. Religious or denominational institutions
g. 85th amendment act, its provides consequential
seniority for SCs, STs with retrospective effect from
June 1995.
h. 81st amendment act, It empowers the state to fill
backlog vacancies even if there cross 50% ceiling.
Article 17: Abolishes untouchability applicable to
state and private citizens.
1. Protection of Civil rights act is meant to enlarge scope
of this article.
2. Term untouchability is not defined in Constitution or
civil rights, protection act.
3. Practice of Untouchability can disqualify an individual
to contest in elections.
Article 18: abolition of Titles – state cannot confer any
title on a citizen or foreigner.
1. Citizens cannot accepts any Titles from foreign state.
2. A foreigner working for Indian government cannot
accept a title from foreign state without the consent
of the President.
3. No citizen or foreigner holding any office of profit
shall not accept any present, emolument without the
consent of the President.
4. Bharat Ratna, Padma Awards are not titles.

Reservations:
a. Mandal Commission was appointed under Article 340
of the constitution. It identified 52% of the population
as OBCs and recommended 27% as Reservations.
b. Indira Sahani Judgement – Total reservations shall
not exceed 50% (including carry forward jobs)
c. Merit shall not compromise
d. Reservations exists at entry level not in promotions.
e. Creamy layer to exclude advanced sections among
OBCs.
f. 77th amendment Act its provides reservation in
promotions in favour of SCs and STs if they are not
adequately represented in the services.

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Article 19-22 Freedom Rights: Article 20

Article Freedom Reasonable Restrictions Article Explanation Other Points
Freedom of Speech
and Expression Sovereignty and Integrity
(Every citizen has of India No person Applies only to criminal
right to express his Security of State shall be laws not to civil and tax
No ex post
beliefs and Friendly relation with convicted by laws
facto laws,
convictions. It foreign states. applying law Do not apply to prevention
Article backwards detention
includes freedom Public Order
19 - 1(a)
of press, freedom Decency or Morality,
of information, contempt of court, No person Available only for
silence, freedom deformation, incitement shall be proceedings before a court
against bandh, to an offense. No double prosecuted of law or judicial
right to telecast, Jeopardy and punished tribunal.not before depart
advertise etc., for the same mental and administrative
Freedom of offense twice. authorities.
Assembly Blood samples, specimen
Sovereignty and Integrity No person
Every citizen has to signatures, thumb
of India, Public order, No Self shall be
right to assemble impressions, exhibition of
section 144 of CRPC Incrimination witness of his body, production of material
peacefully without
allows magistrate to own case. objects are not covered.
arms. They can
Article restrain an assembly or Article 21
conduct meetings,
19 - 1(b) meeting or procession.
demonstrations
Under section 141 IPC
No person shall be deprived of his life or personal liberty
and take out except according to procedure established by law.
assembly 5 or more
processions.
persons can be made
This right does not
unlawful. A.K. Gopalan
include right Criteria Menaka Gandhi Case
Case
to strike.
Arbitrary
All citizens have
executive Available Available
right to form
Sovereignty and Integrity actions
Article associations or
of India. Public Order and Arbitrary Available (Un reasonable
19 -1(c) unions or
Morality. Legislative Not Available unjust, unfair laws can be
cooperative
actions questioned by judiciary.
societies
Due process
Citizen can move Not Available Available
Interest of general public, of law
Article freely throughout
protection of interest of It means only
19 – 1 (d) the territory of the Wider and positive
tribals. liberty
country. interpretation of liberty
Meaning of relating to
Freedom of i.e., opportunity to live
Liberty person, body
Residence with dignity and to develop
General public interest, of the
Article Every citizen has to ones capacities.
protection of interest of individual
19 -1 (e) right to reside and
scheduled tribes
settle any part of
the country. Article 21A- Right to Education:
th th
Article Removed by 44 Removed by 44 • State shall provide for free and compulsory education
19 – 1 (f) amendment Act amendment Act to children in the age of 6 to 14 years in such a
Citizens has right General public interest, manner as a state may determine (86th constitution
to practice any professional and technical
Article amendment act)
profession, qualifications, licences etc
19 – 1 (g) • Right to Education 2009 was enacted to enforce this.
occupation, trade are necessary. state can
or business monopolize a business. • 86th amendment act also amended Article 45, article
51 (a).

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Article 22 – Protest against arrest and detention • Reasonable Restrictions: Public Order, Morality,
Health.
• Grounds to be informed, right to consult and • State can also regulate economic, political activity
defended by a lawyer, right to be produced a associated with religion. It can provide welfare,
magistrate within 24 hours excluding journey and reform of religious institutions.
holidays.
• Shall not be detained for more period than authorized Article 26-Religious denominations can establish,
by magistrate. maintain, manage, and acquire property for religious and
• Preventive detention: charitable purposes.
• Can be detained for 3 months under a preventive
detention law. beyond that advisory board shall Article 27-Freedom from taxation for religious institutions
permit. The board shall consist of Judges of High – tax cannot be levied but fees against the service can be
Court. levied.
• Parliament by law increase the period of preventive
Article28- Freedom from attending religious instructions
detention for more than three months without
in educational institutions.
obtaining opinion of advisory board.
• Legislative power with regard to preventive detention Educational Institution Religious Instructions
is divided between parliament and state legislature.
Institutions wholly
Completely prohibited
maintained by state
Right against Exploitation (Article 23 and Article 24):
Institutions Administered
Article 23-Prohibition of Traffic in Human being and by state but established
Religious instructions permitted
under any endowment or
forced labour.
trust

• It is available against state and private citizen. Institutions recognized by Permitted on voluntary basis,
the state student may or may not attend
• State can impose compulsory service for public
purpose without any discrimination on grounds only Institutions receiving aid Permitted on voluntary basis,
of religion, race, caste, class. from the states student may or may not attend

Article 24-Prohibits employment of children below the
age of 14 years in hazardous industries.
• It do not prohibit child labour in non hazardous
industry.
• Child Labour (Prohibition & Regulation) Act 2016,
prohibits all kinds of employment of children below
14 years. 14 to 18 years children in Hazardous
industries.
Right to Freedom of Religion (Article 25 to 28)
Cultural and Educational Rights (article 29 and 30)
Article 29-Any section of the citizens residing in any part
of India having distinct language and culture shall
have right to protect the same.(collective right)
• It is a group right, it is available for both religious and
linguistic minorities.
• No citizen can denied admission into any educational
institutions maintained by the state or receiving aid
from the state only on grounds of religion race, caste
or language.

Article25: -Freedom of conscience, freedom to profess,
practice and propagate religion.
• It do not provide right to religious conversions.
• Hindus under Article 25 includes Hindus, Sikhs, Jains
and Buddhists.
Article 30-Rights of minorities to establish and administer
educational institutions available to religious and
linguistic minorities. These institutions enjoy right to
property, reservations for OBCs (93rd Amendment act) do
not apply to these institutions.
Article 32-Right to constitutional remedies

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• It is a basic feature of constitution, parliament can • In any area within the territory of india.
empower any subordinate court to issue writs of all • It empowers Parliament to indemnify any government
kinds. servant or any other person where martial law in
• President can suspend the right to move to any court force.
for enforcement of fundamental right during national Martial Law National Emergency
emergency. It affects not only Fundamental
Meaning/purp Locus Against to Rights but also Center-State
WRIT It affects only Relations, distribution of revenues
ose Standi Whom
Fundamental rights and legislative powers between
Show me the
Private Citizen center and states and may extend
Habeous body of / to Do not
or Public the tenure of the Parliament.
Corpus find the apply
Authority
missing people It suspends the
It continues the government and
We command / government and
ordinary law courts.
To get the Job Against Public ordinary law courts
Mandamus Applies
Done by an Official It is imposed to
It can be imposed only on three
authority restore the breakdown
grounds war, external aggression
To Forbid / to of law and order due
or armed rebellion.
stop the lower to any reason.
quotes It is imposed in some
Judicial and It is imposed either in the whole
proceeding specific area of the
Prohibition Applies Quasi Judicial country or in any part of it.
further in a country.
bodies
case out of It has no specific
their It has specific and detailed
provision in the
jurisdiction provision in the Constitution. It
Constitution. It is
To be certified is explicit
implicit
or to be
informed /
Judicial and Article 35-Parliament ownly has power to make laws with
transfer a case
Certiorari Applies Quasi Judicial respect to
due to excess
bodies 1) Residence as a criteria for public employment 2) to
of lower
courtjursidictio empower courts and other than supreme court and
n high courts to issue writs orders, directions for
By what enforcement of fundamental rights. 3) to make laws
authority / To Any public
to take away fundamental rights for armed forces –
Quowarran prevent Do not authority
to unqualified apply unqualified for para military and police. 4) to indemnify the acts of
people taking the position. government servant during marital law, 5) parliament
public offices can also make laws for punishment of offenses
declared under fundamental rights. Example:
Other Articles: untouchability, trafficking etc.,
Article 33-Parliament can restrict, abrogate fundamental
rights of armed forces, para military, police forces, Article 31-Right to Property repealed by 44th
intelligence agencies. (State Legislature cannot make a amendment act, now it is a legal right under article
law on this). 300A.

• Members of armed forces are also include other
service providers to the armed forces. Example: Cooks
and Carpenters.
Article 34-It provides for the restrictions on Fundamental
rights while martial lawin force.
• Right to Property exists for Minority educational
institutions as a fundamental right.
Article 31A-It prohibits certain categories of laws
from being challenged and invalidated for violation of

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READY RECKONER OF POLITY | 10 |
article 14 and 19. They are related to land reforms,
industry and commerce.
• Acquisition of States, Management of properties,
amalgamation of corporations, modifications of rights
of directors and share holders, modification of mining
leases etc.,
Article 31B-It states acts and regulations placed in
ninth schedule do not come under Judicial review.
Ninth schedule, 1stCAA are related to this.
• InIR Coelho case, supreme court stated that laws
placed under 9th schedule (April 24th 1973) comes
under judicial review. Judicial review was stated as
part of basic structure of constitution.
Article 31C-Brought in by 25th amendment act. It
states that 39B and 39C can over ride provisions
under article 14,19.
Rights Outside Part – III: They are not fundamental
rights but they are constitutionally guaranteed legal
rights.
• Article 265: No tax can be levied or collected except
by authority of law
• Article 300A- Right to property
• Article 301 – Trade, Commerce and Inter course
throughout territory of India.
• Article 326 – Right to Vote
Note: under Article 226 High Courts have Writ Jurisdiction
on these rights.
DIRECTIVE PRINCIPLES OF STATE POLICIES
Art 36-51
• Source-Irish constitution
• Dr.Ambedkar described DPSP as NOVEL features.
• DPSP and Fundamental rights are -philosophy, soul
and conscience of the constitution.
• They are essential for Governance, they are not
subordinate to Fundamental rights.
• Features of DPSP: Constitutional instruction to
state.Resembles the instrument of instruction of GOI
act 1935.
www.laex.in Fundamental Rights & DPSP
Aimed to establish Economic and social democracy.
• Non-justiciable
• Help the courts in examining and determining the
constitutional validity of law
Classification of DPSP(Not mentioned in
constitution)
Remember the DPSP related to health, education for
Mains.
• Socialistic principles – 38, 39, 39A, 39B, 41, 42, 43,
43A, 47
• Gandhian principle – 40, 43, 43B, 46, 47, 48
• Liberal intellectual principle – 44, 45, 48, 48A, 49, 50,
51
• 42nd CAA added DPSPs under
Article-39
Article-39A: To provide adequate meals and
livelihood.
Article 43A – participation of workers in the
management of industry.
Article 48A – safeguarding forests and wildlife.
44thAA added- Article 38 (state to secure social order
for the promotion of welfare) 86thA A– Changed
subject matter of Article 45, (provision for early
childhood care and education of children below 6
years)
97th amendment act – introduced Article 43B -
Cooperative societies.
List of DPSP:
36- Definition of State
37 - Application of the directive principles
38 -State to secure a social order for the promotion of
welfare of the people
39- Certain principles of policy to be followed by the
State.
To secure opportunities for healthy development of
children
a) rights to adequate meals of livelihood
b) equal distribution of material resources of the
community for the common good
c) prevention and concentration on health
d) pay for equal work
e) preservation of health and strength of workers
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READY RECKONER OF POLITY | 11 |

40 d- Organization of village panchayats

41 -Right to work, to education, and to public assistance
in certain cases.
42. Provision for just and humane conditions of work and
maternity relief.
43 - Living wage, etc. for workers
43 A - Participation of workers in management of
industries.
43 B - Promotion of co-operative societies
44 - Uniform Civil code for the citizens
45 -Provisons for early childhood care and education to
children below the age of six years.
46 -Promotion of educational and economic interests of
scheduled castes, scheduled tribes and other weaker
sections.
47 - Duty of the state to raise the level of nutrition and
the standard of living and to improve public health.
48 -Organisation of agriculture and animal husbandary
48 A. Protection and improvement of environment and
safeguarding of forests and wild life.
49. Protection of monuments and places and objects of
national importance.
50. Separation of judiciary from executive
51. Promotion of international peace and security.

Directive Outside – Part – IV:

Article 335 – Claims of members of SCs STS shall be taken
consideration without compromising efficiency of
administration in Public employment.
Article 350A – Instruction in mother tongue at the level of
primary education.
Article 351 – Development of Hindi Language.
FR V/S DPSP
FR DPSP
• Justiciable • Non-justiciable
• Economic and Social
• Political justice
justice
• Have legal sanction • No legal sanction
• Personal &
• Societarian and socialistic
individualistic
• Not automatically
• Automatically enforced
enforced
• Courts declares a law • Courts can’t declares a
violating FR is law violating FR is
unconstitutional unconstitutional

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READY RECKONER OF POLITY
FUNDAMENTAL DUTIES:
Art 51A, PART IV A
Source-USSR
• Swaransingh committee recommended 8FDs
• 42nd CAA included 10FDs in constitution
• Features of FDs:
o Some are moral, some are civic
o Confined to citizens only
o Non-justiciable
List Fundamental Duties:
o To abide by constitution, respect its ideals and
institutions.
o To cherish and follow the noble ideals
o To uphold and protect sovereignty, unity and integrity
o To defend the nation
o To promote harmony and spirit
To value and preserve the rich heritage
o To protect natural environment
o To develop scientific temper
o Safeguard public property
o Excellence in all spheres of individual and collective
activity
o Providing opportunities for education of children in
the age group 6-14 years(86th CAA)
(Remember these and observe the fundamental
duties that overlap in language with DPSP).
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| 12 |
AMENDMENT OF THE CONSTITUTION
Art-368, PART XX
Source-South Africa:
• Parliament have authority to amend constitution. Art
368 gives procedure and power to amend
constitution.
• Bill can be introduced-either house(LS or RS), NOT in
state legislature
• Can be Introduced by minister or private member
• No need of prior permission of president
• Bill must be passed by each house-Special majority
• Each house must pass the bill separately
• To amend federal provisions-Half of state legislative
assemblies must ratify with simple majority.
• President must give his assent to the bill
• Types
o By simple majority of parliament- Majority of the
members present and voting shall accept. These are
considered as amendments outside Art 368.
o By special majority of parliament--majority of 2/3rd
members present and voting, more than 50% of the
total strength of the house.
o By special majority of parliament and consent of half
of the state legislative assemblies with simple
majority.
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READY RECKONER OF POLITY | 13 |

BASIC STRUCTURE: f. UT’s – creation of Legislature and elected executive.

1. By special Majority: all provisions that cannot be
Parliament under article 368 can amend any part of amended by other means – ex – FR and DPSP.
constitution without affecting the basic structure of 2. By special Majority of Parliament and consent of
constitution. states
I. Election of president.
• CASES with respect to BASIC STRUCTURE: II. Extent of executive and legislative power of union
o Shankari Prasad case 1951-Parliament can take away and states.
any FRs III. Seventh schedule
o Golakanath case 1967-Parliament cannot take away IV. Representation of states in parliament.
FRs. It cannot amend them. Art 368 has only V. Amendment of Art 368 itself.
procedure and not power to amend the constitution.
o Kesavanandbharati case 1973-Parliament can amend
the FRs without affecting the BASIC STRUCTURE.

• BASIC STRUCTURE comprises:

o The supremacy of the constitution.
o A republican and democratic form of government.
o The secular character of the Constitution.
o Maintenance of the separation of powers.
o The federal character of the Constitution.
o The mandate to build a welfare state contained in the
Directive Principles of State Policy.
o Maintenance of the unity and integrity of India.
o The sovereignty of the country.
o The sovereignty of India.
o The democratic character of the polity.
o The unity of the country.
o Essential features of individual freedoms.
o The mandate to build a welfare state.
o A sovereign democratic republic.
o The provision of social, economic and political justice.
o Liberty of thought, expression, belief, faith and
worship.
o Equality of status and opportunity.

Constitutional Amendments by Simple Majority :

a. Creation of new states (Art 3)

b. Admission of new states (Art 2)
c. Schedules –second, fifth and sixth judges
d. Judiciary: Number of judges, power of supreme court.
e. Legislature – Quorum, language, privileges, Rules of
procedure, salaries and emoluments of MPs,
Elections, Delimitation, abolition or creation of
legislative councils etc.

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READY RECKONER OF POLITY | 14 |

FEDERAL SYSTEM
Federal Government in India: Comments

• Quasi federalism • Granville Austin : cooperative federalism

• Federal features • Morris Jones : Bargaining federalism
1. Dual polity • Paul Appleby : Extremely Federal
2. Written Constitution • Ivor Jennings: Federation with strong centralising
3. Division of Powers (union list-100, state list -61, Tendency
concurrent list-52) • Dr. BR Ambedkar:both unitary and Federal based on
4. Constitutional Supremacy requirements of time and circumstances.
5. Rigid constitution • K C Wheare : quasi federalism
6. Independent Judiciary • Santhanam: central grants and Planning commission
7. Bicameralism increased dominance of centre.
• Unitary features
SC Judgements:
1. Strong centre
2. Destructible states • S R BommaiCase : Federalism is basic feature of the
3. Singleconstitution,single citizenship(J&K is constitution.
exception)
Challenges in Working of Federalism:
4. Flexibility of the constitution
5. No equal representation to the states • Rise of regional parties
6. Emergency provisions • Supreme court judgements on Art 356 misuse
7. Common CAG, EC • Accords – Assam, Mizo, Punjab
8. Parliament authority over state list • Creation of New states – linguistic, developmental
9. Appointment of Governor needs
10. All India Services • Sharing of river waters
11. Integrated Judiciary
• Territorial disputes
12. Absolute veto power over state bills
• Increased grants and statutory transfers to the states

Annexure-I
Emergency powers Part XVIII, 352 to 360
Art 360 (Financial
Art 356 (President Rule/State Emergency)
SL. Art 352 (National
Criteria Emergency/Constitutional
No. Emergency) As like National
Emergency)
Recovery Act of USA.
War, External aggression,
Grounds of Constitutional machinery breakdown Threat to financial
1 Armed rebellion or imminent
declaration (On report of governor or otherwise.) stability and credibility
danger thereof.
2 Classification Internal/External emergency No classification No classification
Written
3. recommendation Required Not required Not required
from cabinet
2 Months. Max duration is for 3
1 month and indefinite years. Periodical approval every
Parliamentary 6months 2 months, Indefinite
period
4. approval time and period. (No intermittent
(need to be approved every Beyond an year – National
duration approval is required)
6 months) Emergency/ EC certification are
required.

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READY RECKONER OF POLITY | 15 |

Majority required
5 for approval and Special majority Simple majority Simple majority
revision
President or by LokSabha
with simple majority.
Special Session of LokSabha
need to be convened if 10%
6 Revocation President of India President of India.
of total members gives a
written notice to
president/Speaker. (within
14 days)
1. State list -concurrent list
2. Fundamental rights can be
suspended (other than art
20,21)
3. In External emergency,
rights under art 19 are
automatically suspended. In
internal emergency president 1. Parliament makes laws on state
1. President can give
need to suspend them. list. ( No state legislature)
directions
4. Centre can give direction to 2. Governor administers state (No
2. Reduction of salaries.
states on any matter state government exists)
(including judges and
5. President can change 3. No effect on fundamental rights.
other constitutional
7 Consequences constitutional distribution of 4. President can confer any authority
authorities)
revenues between Centre and to Centre.
3. Reservation of all
state. 5. President issues ordinances on
6. Life of Loksabha and money bills or financial
subjects in state list.
Legislative Assembly can be bills for the consideration
6. Parliament can delegate the power
extended by one year at a of president.
to make laws on state subjects.
time indefinitely. ( After
emergency ceases to operate,
it can extend for only 6
months)
7. Parliament cannot delegate
power to make laws on state
subjects.
Continuation of Do not continue after 6 Will continue and state can No laws are enacted on
8
laws on state list months of revocation amend/repeal them. state list.

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READY RECKONER OF POLITY | 16 |

EMERGENCY POWERS Judicial Review:

• Three types of emergencies are subjected to Judicial

review. (38AA wanted to do away with it)
• National emergencies so far – 1962, 1971 and 1975
• Shah commission – to investigate on emergency in
1975.

President’s Rule:

Part XVIII, Art 352 to 360.

A) 352 – National Emergency

B) 356 – President’s rule for constitutional failure
C) 360- Financial Emergency
D) 365-State Emergency failure to comply with executive
directions
Expected to be a dead letter but became a deadly
Annexure – I weapon.
Emergencies explanation and comparison – table is • Parliament can delegate the power to make laws to
provided. president.
Changes after 44th CAA- (National Emergency) • Laws made by the parliament, president on state list
will continue after emergency.
• Internal disturbance is replaced by armed rebellion
• Recommendation from cabinet in writing. Judgements:
• Approval within 1 month through special majority S.R. Bommai – 1994
• Periodical approval after every 6 months for
• Judicial review exists. (it shall nor be based on
continuance.
malafide, perverse, irrelevant or extraneous
• Revocation through recommendation of loksabha by
conditions.)Relevant material is necessary
simple majority.
• Court do not look in to correctness of material. But
• Rights under art 19 can only be suspended if national
existence of material is necessary.
emergency is declared on war/external aggression.
• Till Parliament approval, Legislative Assembly is
• Only laws that are related with emergency can not be
suspended not dissolved.
challenged.
• Floor of the house is only the test ground of
• But other laws made during emergency can be
confidence.
challenged for violation of FR.
• Anti secular politics are liable for Art 356.
• Non suspension of Art 20,21.
• Courts can restore and revive the government and
• Art 358 – only for Art 19 (automatic suspension)
Assembly, if proclamation is declared as
• Art 359 – For suspension of other fundamental Rights
unconstitutional.
through presidential order

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READY RECKONER OF POLITY | 17 |

Sarkaria Commission:
Acceptable Grounds
• Hung Assembly
• Fail to follow Constitutional direction
• Internal subversion, Physical breakdown
• Lack of alternative after No confidence motion
passed.

Unacceptable Grounds:
• Not giving a chance for alternative after No
confidence motion
• When a new party comes to power in the centre
• Internal disturbances not amounting to internal
subversion or physical breakdown.
• Maladministration or allegations of corruption.
• If no prior warning for rectification was given.
• If used to settle intraparty disputes.

Criticism of Emergency Provisions:

• Not federal
• Fundamental rights losses their significance.
• Can make rulers dictatorial.
• H V Kamath – an invitation for totalitarian state.
• K T shah – A chapter of reaction and Retrogression.
• TT Krishnamachari - it can lead to constitutional
dictatorship.
• H NKunzru: serious threat to financial autonomy of
the state.

Positive Side:
• AlladiKrishnaswamyayyar: The very life breath of the
constitution.
• Mahavirtyagi : A safety valve.

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READY RECKONER OF POLITY | 18 |

CENTRE – STATE RELATIONS (PART XI) S.

Art
Conditio Approval
Other Conditions
No. n /Resolution
Division of administrative, legislative and financial
RS shall pass
functions. (Not Judicial) a resolution Will be in force for 1
Legislative: 245 to 255 with 2/3 year
National
1 249 majority of It is restricted only
interest
a) Territorial extent : members to subject specified
Centre – whole or part of India, extra territorial present and in resolution
Jurisdiction. voting.
National No
State – whole or part of the state. State list becomes
2 250 emergen resolution is
concurrent list
Laws of parliament – restrictions: cy required
States so requested
1. UT’s When No will loose authority
2. Scheduled areas ( governor) states resolutions on the subject.
3 252
3. Tribal Areas in Assam ( governor orders) make a are Parliament can only
4. Tribal areas in Mizoram, Meghalaya and Tripura ( request necessary amend and repeal
the law so made.
President can issue orders)
To give
b) Distribution of legislative subjects an affect
Union list – 100 to an
No approval
State list – 61(originally 66) 4 253 internati No conditions
is required.
Concurrent list – 52 (originally 47) onal
agreeme
nt
42nd AA – it shifted education, forests, weights and President
Measures, protection of wild animals and birds, 5 356 - -
’s rule
administration of justice and constitution of lower courts d) Centre’s control over state legislation.
are shifted from state list to concurrent list. 1. Reservation of bill to president by governor.
2. Absolute veto powers to president on state bill
Important subjects in concurrent list
3. President can ask for reservation of bills for his
1. Criminal law and procedure consideration during financial emergency.
2. Civil law and procedure 4. Previous sanctions of president is required for certain
3. Marriage and divorce bills
4. Population control and family planning (Bills related to interstate trade and commerce)
5. Social and economic planning Administrative – 256 to 263
6. Electricity 1. Distribution of executive power –
7. Labour welfare a) Co extensive with legislative power.
8. Newspapers, books, printing press etc. b) On concurrent list, parliament law can override
Residuary power – lies with Union (248) state law. (exception-president assent on
reserved bill)
c) Parliamentary legislation in state field
c) However, laws on concurrent list are executed by
1. When Rajyasabha passes a resolution in National
states.
Interest (249)
2. Obligation of states and centre –
2. National emergency (250)
a) State executive power shall be in compliance with
3. When states make a request (252)
parliamentary laws
4. To implement an international treaty (253)
b) State executive power shall not override/
5. President’s rule.
prejudice executive power of centre.
3. Centre’s direction to the states on
a) Communication system

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READY RECKONER OF POLITY | 19 |

b) Maintenance of railways c) UGC

c) Instruction in mother tongue to linguistic d) Central councils. etc
minorities till primary stage e) Conferences
Directions under art 256, if not followed it can be Financial Relations : 268 to 293
constitutional breakdown in states (365). President’s rule Allocation of taxation powers –More taxes are in state list.
can be imposed (art 365) But, remunerative taxes are in central list. Residuary
4. Mutual delegation of functions taxation power is with union
258 - President can request governor for use of state Distribution of Tax Revenues – 88th AA - alternative
machinery. State consent is mandatory scheme devolution of taxes – 10th finance commission.
258 A - Governor can request president for use of Art 265 : No tax can be levied or collected except by
central executive machinery. Union consent is authority of law.
mandatory. Distribution of Tax Revenues
Parliament can entrust executive functions of the
Arti Collect Appropr
centre to the states. (if parliament does it by law, no Levy Examples
cle ion iation
consent is necessary)
5. Full faith and credit clause – states and centre shall Stamp duties on
respect the public acts, records and Judicial shares, cheques,
268 Centre States States
promissory notes,
proceedings of all other states.
insurance etc.
6. Interstate river water disputes – Parliament can make
a law. (judiciarycan not intervene), Inter state river Taxes on inter state
trade and commerce.
disputes act was enacted.
7. All India services 269 Centre Centre States Revenues from these
Art 312- Parliament can create new AIS. do not form part of
consolidated fund of
RajyaSabha approval is necessary with majority of 2/3
India.
members present and voting. AIS are Recruited,
trained by centre and allocated to states. Shared
betwee All taxes in union list –
States cannot impose any major punishment and
n income tax(other than
ultimately responsible to President of India. 270 Centre Centre
Centre agricultural income),
8. Public service commissions - Appointed by Governor and corporate tax, etc
but can be removed only by president of India. states
-Parliament can create a Joint Public service Surcharge on taxes
commission. 271 Centre Centre Centre
under 268,269,270.
-On request of Governor, President can request UPSC
Sales tax, excise duty
to serve states. on liquor and
9. Emergency – discussed already. Narcotics, octroi ,
10. Governor – Appointed by President and enjoys office - State State state
professional tax (max
during pleasure of President of India. of rs 2500 – limit kept
11. Art 355 and duties of centre – by constitution)
Centre has responsibility to protect the state from Non tax revenues – as per the division of powers in sch 7.
internal disturbance/ external aggression/ war/to
carry on the government according to the provisions Grants in Aid to the States
of constitution. a) Statutory grants – 275 – finance commission
12. State election commissioner – Appointed by the recommends. Charged out of consolidate fund of
governor but can be removed only by President of India. It includes, General grants and specific grants.
India. b) Discretionary grants – 282 – union allocates according
13. Extra constitutional devices to his discretion.
a) NITI Aayog
b) NIC

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READY RECKONER OF POLITY
c) Other grants - temporary grants in lieu of export of
Jute and Jute based products to Assam, Bihar, West
Bengal and Orissa. No more relevant.
Finance Commission
Art 280, balancing wheel of fiscal federalism in India,
quasi Judicial body. Appointed by president of India once
in 5 years, qualifications are determined by Parliament.
Purely recommendatory in nature. It makes
recommendations on,
1. Distribution of net proceeds of taxes between centre
and states and among states ( vertical and horizontal
distribution)
2. Grants in aid under Art 275
3. Recommendations to augment resources of
consolidated fund of state to help municipalities and
panchayats (on the basis of recommendations of state
finance commission)
4. Any other matter referred to it by President.
Protection of the states interest – certain bills in
Parliament can be introduced only by prior
recommendation of President,
a) That varies expression of agricultural income
b) Bills dealing with allocation of money to the states
c) Surcharges
d) Alteration of taxes and duties where state
interests are affected.
Borrowing Powers – centre can borrow with in India
or outside. States can borrow only with in India.
• If states are having outstanding liabilities to centre, its
prior permission is necessary for borrowing.
• Centre can give guarantee to the borrowing of state.
• Parliament and state legislatures can fix limits.
Tax Immunities
• Inter governmental tax immunities – centre cannot
tax states property and vice versa.
• Immunities do not apply,
1. to corporations and companies of state and central
governments.
2. Property and income of local authorities are not given
immunity.
3. Customs duties and excise duties on goods
imported/exported/manufactured by state.
Emergency and financial relations – already discussed
Committees - State
1. Rajamannar committee – TN
2. Anandpur Sahib resolution – Akali dal of Punjab
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| 20 |
3. West Bengal Memorandum
Common Points:
1. Move towards true federation
2. Centre shall have authority only on defence,
communications, external affairs
3. Repeal of emergency provisions
4. States consent to form new states shall be
mandatory.
5. Equal powers to RS and LS
6. More revenues to states
7. Residuary powers to states.
Committees by Centre:
1. Sarkaria commission, 2. Punchhi commission
INTERSTATE RELATIONS
• Art 262 – Interstate river water disputes. Parliament
may provide through for adjudication of dispute.
neither SC nor any other court can exercise
jurisdiction wrt it. Parliament based on it has passed
River boards act(1956) and Interstate water disputes
act 1956.
• Art 263 - Interstate council – created by President and
headed by PM.
• Art 261 – Full faith and credit clause for public acts,
Records and Judicial proceedings.
• 301-3017 - Interstate trade and commerce – Part XIII
• Parliament and state legislature by law can impose
restrictions. In case of state legislature, previous
sanction of president of India is required to introduce
bill.
• Parliament can appoint authority to carry on
provisions related to trade and commerce.
• Within territory of India – shall be free
Zonal Councils – statutory (States Reorganisation Act)
and advisory.
• Five in number, (Northern, central, southern, eastern
and western) North Eastern council was created by
separate act of Parliament. In 1971.
• Chairman -union Home minister, chief minister and
two Minister from each state, administrators of U/T in
the zone are members. Chief Ministers of states on
rotation basis works as vice chairman. (one year)
• If any other Members exists, they do not have voting
rights. (Chief Secretary, planning commission
members etc)
• North eastern council has special responsibilities to
make a regional plan and maintenance of security and
Public order in the region.
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READY RECKONER OF POLITY | 21 |
UNION EXECUTIVE
52-78, Part V
President, Vice president, PM and council of members,
Attorney General of India
PRESIDENT:
• Qualifications of contestant – 35yrs, citizen of India,
qualified to be a member of Lok Sabha, shall not hold
office of Profit under any govt.
Election of the President
• 50 electors shall be proposers and 50 shall be
seconders.
• Election system – indirect election, proportional
representation by single transferable vote.
• Total number of votes polled+1
• Number of seats +1
• Voters (Only elected MPs-LS and RS, Elected MLA’s of
Legislative Assembly of states and U/T of Delhi and
Puducherry)
• Votes of each MLA =Total population of a state
Elected MLA’s in assembly x 1000
Votes of each
MP=Total value of votes of all MLAs of all
states/ Total number of elected MPs
Note :
• Vote of an MLA is not equal to vote of an MP
• Vote of all MLA = vote of all MPs
• Oath– CJI, to preserve, protect and defend
constitution.
• Conditions of office – determined by Parliament
Legal immunity:
• No criminal proceedings
• civil proceedings with 2months of Notice can be
initiated only on personal acts.
• Term: 5 Years
www.laex.in Executive
Impeachment:
• Grounds: Constitutional violation (undefined)
parliament with 2/3rd majority of total strength of
house independently in LS and RS.
(Nominated members also participate, MLA’s do not
participate)
• 14 days of prior notice to President c
• First house – lays charges and 1/4th members need to
support it.
• Chairman/ Speaker may or may not admit it.
• Second house investigates the charges.
Note :
• President actions prior to impeachment will not get
affected.
• Vacancy in the President’s Office is temporarily filled
by Vice president, CJI or Senior most Judge of SC in
order. (max period 6months)
• Newly elected president will be in office for full term.
(5years)
• Resignation of President is submitted to Vice
President.
Powers and functions
Executive Powers:
• All executive actions are conducted /Transaction of
business rules are in the name of President,
administers U/T, declares an area as a scheduled area.
• Makes all important appointments.
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READY RECKONER OF POLITY | 22 |
Legislative Powers
(details are in parliament chapter)
• Part of the parliament
• Assent to bills
• Joint sitting
• Summons, prorogues houses and dissolves LS
• Addresses the Parliament – after general election,
first session every year.
• Appoints Protem speaker, calls for election of
speaker, Dy speaker and Dy Chairman.
• Nominates 12 to RS and 2 to LS.
• Decides on disqualification of MP’s under Art 102 and
Representation of people’s act in consultation with
EC.
• Introduces Money bills.
• Considers state bills reserved by governor.
• Ordinance making power.
• Reports of CAG, EC, UPSC are submitted to
Parliament.
Financial powers
• Money bills are introduced with prior
recommendation of President of India.
• President appoints Finance commission.
• He causes budget to be laid before the Parliament.
• For unforeseen expenditure he can make advance out
of contingency fund of India.
Judicial Powers
• Appoints Judges of SC and HC’s
• He can ask for Advise to SC (Advisory Jurisdiction)
• Pardon powers – Art 72 (161 for Governor)
• Pardon – completely absolves conviction
• Commutation – Quality of conviction is changed.
• Remission: Period of sentence is changed and not the
nature of conviction.
• Respite: lesser sentence due to special fact
• Reprieve: stay in the execution of sentence for a
temporary Period.
• President only have pardoning power on death
penalty, court Martial and crimes committed on union
laws.
• Note :Death Penalty even for violation of state law
can only be pardoned by President of India. Governor
www.laex.in Executive
can commute, suspend or remit death sentence but
cant pardon.
• SC Guidelines: Convictcan not demand for oral
hearing aid and advice of council of ministers is
necessary not subjected Judicial review except
Presidential decision is arbitrary, Malafide or
discriminatory.
Diplomatic Powers
• International treaties are made in the name of
President.
Military Powers
• Supreme commander, can declare war/Peace.
Emergency Powers – discussed in emergency provisions.
Veto Power of the President :
• Absolute Veto –withhold for state bills, Private
member bills.
• Suspensive Veto – President can send a bill for
reconsideration of parliament only once. Not
available for Money bills and Amendment bills.
• Pocket Veto –no action.
• No Qualified Veto for President of India.
• For Money bill President can ratify or reject but can
not be returned.
• No Veto power on constitutional Amendment bills
(24th AA)
Presidential Veto over State Legislation :
Governor under Art 200 reserves certain bills for
President consideration. State legislature cannot
override suspensive veto power of the President.
Ordinance:
• Art 123, co extensive with legislative power of union.
But, cannot amend constitution.
• To deal with unforeseen emergencies.
• Can be applied from retrospective date ( civil, tax laws
not criminal laws)
• Can be made if both houses or one house is not in
session.
• Shall be submitted before the parliament within 6
weeks after reassembly with a statement explaining
circumstances that led to ordinance.( If houses are
assembled at different dates, later dates are
considered)
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READY RECKONER OF POLITY
• If parliament do not approve, actions taken under
ordinances do not nullify.
Judgements of Supreme Court:
• Coopers case: Ordinance power of President is
subjected to Judicial review on malafide grounds.
• DC Wadhwacase: Ordinance power is not a substitute
for the legislative power.
• Re promulgation of Ordinances is the violation of
constitution and can be stuck down.
Constitutional Position of the President:
• Art 53 – Executive power of Union is with President
• Art 74 – Aid and advice of council of ministers shall be
available.
• Art 75(3) – Collective responsibility of council of
minsters to Lok Sabha.
• Art 78 – PM shall give information on laws, policies to
President of India. President can call for any
information from government. President can submit a
ministers decision to consideration of Council of
Ministers.
Discretionary Powers :
• President does not enjoy constitutional discretionary
power as he is bound by 42nd CA and 44th CA act.
• However he enjoys situational discretion power in
following cases,
1. To appoint the PM in case of Hung Parliament
2. To dissolve Loksabha or to call for an alternative after
passage of No confidence motion in LS
3. To send a bill for reconsideration (44AA)
4. Dismissal of Council of Ministers if No confidence
Motion is passed and Council of Ministers do not
resign.
5. To ensure that 6months do not lapse between two
sessions of parliament.
VICE – PRESIDENT
• Ex officio chairman of RS. Receives salary and
emoluments as so. When performs the functions of
President of India, he receives salaries and
emoluments as so. He will not perform
responsibilities as chairman of RS. Election :
• Qualifications: 35 years, citizen of India, shall be
eligible to be a member of RS, shall not hold office of
profit.
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| 23 |
• 20 electors are proposers and 20 are seconders.
• Election system – proportional representation by
Single transferable vote.
• Voters: Both Elected and Nominated members of LS
and RS.
• Oath or Affirmation: faith and allegiance to
constitution and faithful discharge of duties.
• Term of Office : 5 years
Vacancy in Office:
• No substitute mentioned in constitution. In RS,
Deputy chairman performs the duty of chairman.
• Can be removed by a resolution of RS with effective
Majority and approved by LS. (14 days notice)
• Election Disputes : SC decides all election disputes wrt
President and Vice president.
Note :
• Emoluments : decided by parliament.
• American vice president also chairs the senate.(as like
Indian VP)
• In case of death, illness of President of USA, Vice
president takes office for the rest of the term. (it is
not the case in India)
Prime Minister
• Head of the government. Council of ministers are
appointed and removed by the President on
recommendation of PM.
• On his resignation, government collapses.
• Oath – allegiance to constitution, protection of
sovereignty, faithful discharge, to do right to all,
secrecy.
• Salary and allowances – Parliament decides ( As of
now, PM, CoM has same salaries like MPs)
• Leader of the house in which he is a member and
nominates leader of other house.
Other functions:
Chairman of,
• NITI Aayog, ( executive body)
• Indian Board of wildlife (statutory – wild life
protection act 1972)
• National Ganga river Basin authority – statutory body
under Environmental Protection act.
• National commission on Population : Executive body
Executive www.civilsprep.com
READY RECKONER OF POLITY | 24 |
• Nuclear command authority
• National disaster management authority
• Interstate council
• National integration council
• CSIR
• Department of space, atomic energy, DoPT
• Cabinet committee on appointments, economic
affairs and political affairs.
• National development council.
• National water resource council.
Council of Ministers
• Three types – cabinet, ministers of state (MOS),
Deputy Ministers.
• Others – parliamentary secy. They are not an
exemption to Office of Profit.
• Cabinet ministers can attend cabinet meetings
without any invitation they will be incharge of
important portfolios.
• MOS they would be incharge of small ministries or
department and only on invitation they attend
cabinet meetings.
• Dy ministers will given Incharge of departments or
assist cabinet ministers in discharging their duties.
Size of council of Ministers
st
• 91 AA – shall not be more than 15% of total strength
of LS (including PM)
• A man disqualified to be an MP is also disqualified to
be a minister.
• Art 75(3) – collective responsibility.
• Individually, a minster holds office during pleasure of
President (PM indeed recommends for removal )
• 74 – aid and advice of Council of minster shall
available to President. He can send it for
reconsideration only once.
• Advice rendered by Council of Ministers cannot be
enquired by any court.
• In India minister do not countersign an order of
President. (In UK, minister has to countersign the
order of queen)
• The word cabinet is mentioned only in art 352 (after
44CAA)
• Oath and salary – Like PM.
www.laex.in Executive
STATE EXECUTIVE
Governor
• Qualifications: Age : 35+ years, Citizen of India
• Chief Executive Head of State
• Appointed by the President. By warrant under his
hand and seal.
• Even though he holds office for 5years there is no
security of term or tenure as he is subject to pleasure
of President.
• Governor of State is not an employment under
Central Government.
• A person can act as Governor for two or more states,
state and an union territory- 7th CAA.
• While administering union territory he shall act as
agent of the President.
• As governor of the state he shall be Constitution
Head.
Conventions:
• Chief Minister of the State is consulted before
appointment of Governor.
• Outsider is appointed as a Governor.
Powers of Governor:
• As like President he enjoys,
1. Executive powers (appoints state election
commissioner, acts as the chancellor of universities,
imposition of constitutional emergency)
2. Legislative powers (Nominates 1/6th members SLC,1
member of Anglo Indian community)
3. Financial powers
4. Judicial powers.
• Article 163 explicitly states that Governor can act
under in his discretion in exercise of his functions.
Whether any matter false in Governor Discretion or
not shall be decided by the Governor himself. It
cannot be questioned in Court of Law.
• The 42nd constitution amendment act made
ministerial advice binding on President. No such
provision exists for Governor. Therefore Governor
enjoys Constitutional and situational discretion.
Situational dicretion is sa, eaas President.
• President shall enjoy constitutional discretion in
following cases,
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READY RECKONER OF POLITY | 25 |

1. As per Article 200 Governor can reserve any bill for President can create a committee of
consideration of President. In one case it is obligatory 371C Manipur legislative assembly consisting of
i.e., if a bill endangers position of high court. members from hill areas of state.
Equal opportunities for Andhra,
2. Recommendation for imposition of President rule.
Telangana and Rayalaseema Regions.
3. Additional Incharge of adjoining UT. -Local Area Reservations can be
4. Seeking information from CM. Andhra created in Education and
371D
Pradesh, Employment.
Special Responsibilities: 371E
Telangana -Special Administrative Tribunal for
State Responsibility Civil post in the state.
Developmental Board, Vidarbha and -371E – Central University in Andhra
Maharastra Pradesh
Marathwada
Development Boards Sourastra and Representation:
Gujarat 30 memberslegislative assembly,
Kautch
one loksabha seat
Law and Order in Naga Hills, 371F
Nagaland th -Reservations for different sections.
Tuensang Area (36 CA Sikkim
-Governor has special responsibility
Assam Administration of Tribal Areas A)
for equitable social and economic
Manipur Administration of Hill Areas
advancement of different sections of
Sikkim Social and Economic Advancement
Sikkim population.
Arunachal Pradesh Law and Order
Identity:
Development of Hyderabad,
Karnataka Parliament laws do not apply for
Karnataka Region
socio religious practices, customary
Chief Minister of Council of Ministers of State law and procedures, administration
371G Mizoram of civil and criminal justice, transfer
• Similar to Union
of land.
• Special provisions to some states: (Article 371) Representation:
Mizo Assembly shall have minimum
Article State Special Provisions for 40 members
Developmental Boards for Vidarbha Governor has special Responsibilities
and Maratwada and rest of for Law and Order.
Maharastr Arunachal
371 Maharastra, separate development 371H Representation:
a& Gujarat Pradesh
boards for Vidarbha, Maratwada and Assembly shall have minimum of 30
rest of the Maharastra members.
Separate Developmental Boards for Representation:
Sourastra, Kautch and other rest of 371I Goa Assembly shall have minimum of 30
371 Gujarat
the Gujarat. Equitable distribution of members.
opportunities and funds Special Provisions for Development:
Parliamentary laws do not apply on 371J Karnataka Development Board for Hyderabad
matters of religious social practices, th
Region (98 CAA)
administration of civil and criminal
justice. Ownership and transfer of
land. Customary laws and Special Status of Jammu & Kashmir
371A Nagaland procedures.
Article 370
-Law & Order:
Governor has special responsibilities • Article 1 and Article 370 are only applicable to Jammu
for peace in Tuensang region
and Kashmir
-Governor shall constitute a regional
council for Tuensang district • Other provisions of constitution can be applied to
Representation: Jammu & Kashmir in consultation with State
President can create a committee of Government.
the Assam Legislative Assembly • Article 370 is interim arrangement till Jammu &
371B Assam
consisting of member selected from
Kashmir constitution is made.
Tribal Areas. (Like Tribal Advisory
Council).

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READY RECKONER OF POLITY | 26 |

• President of India can repeal or modify Article 370 as Rule Imposed for not
per the recommendations of constitution assembly of following central
directions.
the state.
-Can be imposed
• As per the constitution of Jammu & Kashmir, states for the failure of
relation with center cannot be amended by legislative Indian
assembly, it can only be changed by constitution constitution
assembly of the state. Exists for failure
Governors
of J&K Do not exists
Rule
Instrument of Accession: constitution
Applies only with
• It has surrendered only three subjects i.e., defence, extension of
CA bill Applies
external affairs and communications to India. Presidential
• In other matters parliamentary laws can be extended order
th
5 Schedule Do not apply Applies
to the state by President in agreement with State TH
6 Schedule Do not apply Applies
Government. Writ
Only for
Jammu & Jurisdiction Fundamental and Legal
Criteria Other States Fundamental
Kashmir of High rights
Rights
Court
Parliament
Permanent
cannot change
President consults the Resident
name, boundary,
Article 3 legislature, consent is Status and Exists Do not exists
area without
not necessary Restriction
consent of
on Outsiders
legislature
Separate
Residuary Belongs to the
Belongs to the Central Constitution,
Power states Exists Do not exists
Separate
Preventive State Legislature State Legislature and
Flag
Detention can only make Union parliament make
Laws these laws. these laws.
Exists as
Right to
Fundamenta Exists as Legal Right
Property
l rights
Part VI Do not apply Applies
DPSP Do not apply Applies
Fundamental
Do not apply Applies
duties
National
Emergency on
Internal
Disturbance
National
cannot be No such limitation
Emergency
imposed without
the consent of
State
Government
Separate
Constitution,
Exists Do not exists
State
Citizenship
Financial Cannot be
Can be declared
Emergency declared
President Cannot be Can be imposed

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READY RECKONER OF POLITY
PARLIAMENT
• Parts- LS, RS, President
• Rajyasabha:
• Upper house, council of states
• Permanent House.
• Total 245 members--229 members from states, 4
members from UTs and 12 members nominated by
the president.
• Eligibility : 30 years, citizen of India, No office of profit
• Elections System :Proportional representation by
single transferable vote
• Allocation of seats to the states based on the
population.
• Representation of states: Elected MLA’s of the states.
• Representation of UT -Electrol College specifically
constituted for this purpose on two union territories
Delhi, Puducherry have representation.
• Fourth Schedule- allocation of seats in the RS to the
states and UTs
• one-third of its members retire every second year
• Eligible for re-election
• Tenure of the MP 6years can be changed by the
Parliament.
• Presiding officer of the Rajya Sabha is known as the
Chairman(Vice president)
Special Powers of Rajya Sabha:
• Signifies the federal structure
• Make law on State List (Article 249).
• Create new All-India Services (Article 312
• Article 67 – A resolution for the removal Vice
President of India can be introduced only in
Rajyasabha and shall be agreed by Loksabha
• Can approve emergency if Loksabha is dissolved.
Loksabha:
• House of people lower house
• Representation of states: Directly elected first pass
the post system.
• Representation of UT: Parliament by law provides
Union Territories are represented (Union Territories
direct elections to the house of people act, 1965)
• Age of the Voter – 18 Years (21 to 18 by 61 st
constitutional amendment)
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| 27 |
• Qualification to contest – He shall be register voter in
any constituency in lok sabha in india. Age 25 years,
citizen of India. SC, ST Registrations exists. Any person
belong to SC, ST from any part of India from reserved
constituency in any state.
• Territorial constituencies – Delimitation commission,
Inter State and Intra state parity is maintained based
on population.
• Allocation to states and boundaries of constituencies
are re-adjusted after every census. (42ndCAA) freezed
it upto 2000, 84th amendment freezed it upto 2026)
• 87th amendment act allowed for delimitation of
constituencies on the basis of 2001 census.
• Max strength 552= 530 from states, 20 from UTs and
2 nominated by the president from the Anglo-Indian
community.
• Presently-545 members
• Term is five years
• President is authorised to dissolve the Lok Sabha at
any time.
• Speaker is the head of the Lok Sabha.
Special Powers of Lok Sabha:
• Money bill can be introduced in Loksabha.
• No confidence, censure, adjournment and cut motion
can be passed only in Loksabha.
• Joint Sitting is chaired by speaker of Loksabha
Leader of the House (In USA Majority Leader) - PM(if he
is a member of the LokSabha, if not any minister
nominated by PM) –
• Not mentioned in constitution.
• Prime Minister is leader of the house from the house
he comes from. He nominates the leader of the house
for other house.
• Not mentioned in the constitutions (Rules of the
House)
• ‘Leader of the Opposition-
Loksabha+Rajyasabha (The leader of the largest
Opposition party having not less than one-tenth seats
of the total strength of the House is recognised as the
leader of the Opposition in that House)
 Not mentioned in constitution.
 He has given the Statutory status through the
salary and allowance of the opposition and
parliament act, 1977.
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READY RECKONER OF POLITY
 He has to be recognized by the speaker in
Loksabha, Chairman in Rajyasabha as a Leader of
Opposition (LOP).
 Equivalent to rank of Cabinet Minister.
• Britain – Shadow cabinet (Leader of Opposition is
called as alternative Prime Minister in UK). USA –
Minority leader.
WHIP:
• Assistant floor leader
• Appointed by political party
• Not mentioned in Constitution nor in the Rules of the
House nor in a Parliamentary Statute.
• It is based on the conventions of the parliamentary
government.
Presiding Officers:
Lok Sabha Speaker
• Elected by Loksabha from amongst its members (he
shall be a member of Loksabha at the time of
election). Date of election is fixed by the president.
• Equivalent to Chief Justice of India (7th Position in
order of Precedence (above cabinet ministers but
below Prime Minister and Deputy Prime Minister)
• Need not resigns from his party (if he is resigns
not disqualified under anti defection law)
Removal: He can be removed by the house by
effective majority at 14 days advance notice.
• He can participate and vote in the proceedings of his
removal. (Normally he has casting vote in Loksabha,
here he vote in first instance). If he resigns, the
resignation is submitted to Deputy Speaker. Even
after Loksabha dissolution he/she is continuous in
office till new Loksabha meets.
• Atleast 50 members has to supported to admit the
motion of removal.
LoksabhaDeputy Speaker
• Elected from amongst from the members
(election date is fixed by speaker (not president),
incase speaker it is president (it means election of•
Deputy Speaker is held after the election of
speaker).
• He is removed as like Speaker of Loksabha,
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| 28 |
• He votes like MP Loksabha when he is not presiding,
when he presides exercises casting vote.
• Deputy Speaker is not subordinate to speaker, he is
directly responsible to house.
• Salary and allowances are charged to consolidated
fund of India (Speaker and Deputy Speaker)
Panel of Chairpersons of Loksabha:
• Maximum 10 members - nominated by the speaker
from amongst the member (not president).
• Presides when Speaker and Deputy Speaker are not
available, not subordinate to Speaker and Deputy
Speaker responsible to the house.
• Panel of Chairpersons cannot presides when office of
Speaker and Deputy Speaker are not vacant. (They
presides only when they are absent)
Speaker pro tem:
• Appointed by President of India.
• Usually, the senior most member is selected.
• Oath by- President
• Has all the powers of the Speaker.
• Mentioned in constitution
• Ceases is to exist after speaker is elected (temporary
office)
Origin of Offices:
• Speaker & Deputy Speaker came into existence as per
the provisions of the Govt. Of India Act. 1919. Fredrick
white and Sachidananda Sinha were first Speaker and
Deputy Speaker of Central Legislative Assembly.
Vittalbhai Patel first elected India speaker of central
legislative assembly. Initially they are called as
President and Deputy President of the house after
Govt. Of India Act, 1935 speaker and deputy speaker
coming to existence.
• G.B. Mavalankar and Anantha Sayanam Iyyengar
were First speaker and Deputy Speaker after
independence.
Powers and functions of Speaker:
Derives powers from constitution, conventions, rules of
procedures of Loksabha.
• Guardian of Powers, privileges of members, house and its
committees. (No law exists in India defining powers and
privileges of house members and committees)
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 READY RECKONER OF POLITY
• Maintains order and decorum in house can disqualify an
MP under defection law, presides joint sitting, enjoy
casting vote. He shall conduct special session of Loksabha
to revoke emergency.
• Certifies a bill as a money bill, his decision is final.
• Can allow the secret sitting of the house (Only Leader of
the house can request)
Presiding Officers of Rajya Sabha:
• Chairman – Vice President
• Deputy Chairman – Elected from its members
• Panel of Vice Chairpersons – Nominated by Chairman,
there is no pro tem Chairman.
• Other Points same as Speaker and Deputy Speaker
• 3. Short notice-- notice of less than ten days -
Sessions of Parliament
• Normally 3 sessions (Budget, Monsoon, Winter)
• House between sessions is set to be in recess.
• The maximum gap between two sessions shall not
be more than 6 months.
• Summoning—president summons RS and LS to
meet (should meet at least twice a year)
• Adjournment- suspends the work in a sitting for a
specified time, which may be hours, days or
weeks—Done by presiding officer.
• Adjournment sine die-terminating a sitting of
Parliament for an indefinite period done by
presiding officer .
• Prorogation-It not only terminates a sitting but
also a session of the House—Done by President, if
lapses all pending notices not bills. (In UK bills also
lapse)
• Quorum--- minimum number of members
required to be present in the House before it can
transact any business. It is one-tenth of the total
number of members in each House including the
presiding officer
• Lame-duck Session ---last session of the existing Lok
Sabha, after a new Lok Sabha has been elected.
• Dissolution--Done by the President (after 5 years of
tenure or after passage of no confidence motion)
(Rajyasabha is never dissolved)
• Dissolution of LS and lapse of the bills
1. All pending bills originated in loksabha, present in
loksabha, lapses (certain bills that are to be
www.laex.in
| 29 |
examined committee on government assurances
do not lapse).
2. A bill originated and pending in Rajyasabha or a
bill passed by both houses and pending with
President do not lapse.
3. A bill sent for reconsideration by president do not
lapse.
Devices of Parliamentary proceedings:
• Question Hour-- first hour of every parliamentary
sitting, questions are of three kinds, namely:
1. Starred-- oral answer, supplementary questions
2. Unstarred - written answer, written answers, no
supplementary questions
answered orally.
• Questions to private members are also exists on the
bills they introduced.
• Zero Hour: Informal device, not mentioned in the
Rules of Procedure, starts immediately after the
question hour and lasts until the agenda for the day,
Indian innovation, no prior notice is required to raise
issues.
Motions:
• No discussion on a matter of general public.
Importance can take place except on a motion made
with the consent of the presiding officer.
Nature of Motions:
• Substantive Motion - motion self contained motion.
• Substitute Motion-It’s substitute to change the
existing motion.
• Subsidiary motion: To add on to the existing motion.
Types of Motion:
• Closure Motion- to cut short the debate (simple
closure, closure by compartmental, kangaroo closure,
guillotine closures)
• Privilege Motion - moved by a member when he feels
that a minister has committed a breach of privilege of
the House / members. Any distorted facts presented
to the house.
• Calling Attention Motion - to a matter of urgent
public importance and to seek authoritative
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READY RECKONER OF POLITY | 30 |

statement from the minister. Indian innovation • Introduced in either House of Parliament-- by a
mentioned in rules of procedures. minister or by any other member
• Adjournment Motion - matter of urgent public • Go through three readings 1. Bill Published in the
importance, interrupts the normal business of the official gazette 2. General Discussions, given for select
House, it is regarded as an extraordinary device - committee (discretion of the government),
needs support of 50 members allowed only in Amendment are passed, 3. Final Acceptance &
Loksabha – shall be raised on a definite, factual, Rejectence of the bill through voting.
urgent, specific matter of recent occurrence. It shall • Dead Lock: Joint sitting provision available in case of
not deal with privileges matters in court or review of deadlock
completed discussion of the same session. • After president assent bill become act—RS and LS
• No-Confidence Motion - Against entire council of equal powers with regard to an ordinary bill.
ministers. no reason is necessary can be introduced
by any member article 75(3), collective responsibility
is enforced through this. If it is past government shall
resign – allowed only in Loksabha.
• Censure Motion - Against individual or group of
ministers – reasons need to be stated - council of
ministers need not resign – passing of this motion can
invite no confidence motion.
• Motion of Thanks - To thank president of India for his
address to the parliament (The first session after
each general election and the first session of every
fiscal year is addressed by the President) - Policies and • Joint Sitting (Article 108): Presided by Speaker,
programs and performance of the government are Deputy Speaker, Deputy Chairman of Rajya Sabha in
presented to the house by the president. order, passed by simple majority of joint sitting.
• Point of Order – It is interpretation, recommendation • Loksabha can dominate due to its numbers.
to the rules of the house – a device to discipline in Money bills: -- Article 110
orderly to the house, No debate is allowed-- usually • The imposition, abolition, remission, alteration or
raised by an opposition member in order to control regulation of any tax.
the government. • Borrowing of money by the union government
• Short duration discussions – no voting takes place. • Custody of the consolidated fund or contingency
No formal motion exists in the house. fund of India.
• Declaration of an expenditure charged on the
Bills in the House: consolidated fund of India.
Character Public Bills Private Bills • Taxes – Imposition, abolition, regulation of any
Other than tax
Introduction By Minister
Minister
Notice
• Receipt of money on account of consolidated
7 days 30 days fund of India or the public accounts of India,
Period
Concern Department custody or issue of such money
Assistance No Assistance
Assistance
Discussion
Any Day Alternate Fridays
in the house
Absolute Do not exists for
Exists
Veto president
Ordinary bill:

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READY RECKONER OF POLITY | 31 |

Matters that are not money bill: Appropriation Bill:

• The budget consists of two types of expenditure
• Fines &penalties, taxes of local government,
service fees. • The expenditure ‘charged’ upon the Consolidated
Fund of India (NON VOTABLE) and The
• Speakers decisions is final on money bill cannot
expenditure ‘made’ from the Consolidated Fund
be questioned at any court of law.
of India.(VOTED)
• President cannot sent money bills for
reconsideration.
• Introduced only in Loksabha.
• Prior permission of president is required.
• Rajyasabha have limited role.
Financial bills: (Article 117)
• 117(1) A bill that contains matters of Articles 110
and other matters of general legislation, can be
introduced in Loksabha with prior
recommendation of President, in remaining
aspects it is just like ordinary bill.
• 117(2) It is an ordinary bill that consists of only
provision of money bill that involves in • Finance Bill: It consists of revenues (taxes of the
expenditure bill president has to recommend it, it government)
can be introduced in any either of the houses. • Acworth committee recommended for separation
• All money bills are financial bills but all financial of railway budget in 1921. (Now they are clubbed
bills are not money bills. together, introduced on the first day of February)
Annual Financial Statement (BUDGET) - Article 112 of • President is the responsible to lay the budget
the Constitution before the parliament, no money can withdrawn
from consolidated fund of India without
appropriation law.
• No tax can be laid without finance law. Parliament
cannot raise the demand for grants or taxes
imposed it can decrease it. Demands for grants
are voted only in Loksabha, cut motions can be
introduced only in Loksabha.
• Charged expenditure can be discussed cannot be
voted.
• Charged expenditure on consolidated fund of
India. (See the Annexure - I)
Grant or Budget Why? Funds:
Supplementary Additional expenditure on existing
grant service Name of Articl
Purpose Custody
Additional expenditure upon new the fund e
Additional Revenues (Tax &
service
grant/Excess Consolid Non Tax)
For expenditure is already spent then
Grant ated 266 Treasury Bills, Parliament
approved by parliament
To make appropriation from one service fund whereas and means
Token Grant advances
to other
Vote on Credit To meet an unexpected demand Public All other public
266 Executive
Vote on account Budget for less than an year Accounts money received by

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READY RECKONER OF POLITY | 32 |

of India govt ( other than • Each committee consist of 31 members,21

that goes to from lok sabha and 10 from Rajya sabha
consolidatedfund)
• Minister is not eligible
Ex: PF, Post Office
Savings, • Term -1 year
President • All members are nominated by presiding
( finance officers of that house.
To meet emergency secretary Parliamentary forums:
Continge expenditure fund handles it)
267 • Provide a platform to the members to have
ncy Fund size is determined post
by the parliament. expenditure interactions with the ministers concerned,
parliament experts and key officials from the nodal ministries
approves it. • The Speaker of Lok Sabha is the ex-officio
President of all the Forums except the
Parliamentary Privileges: (Article 105) Parliamentary Forum on Populationand Public
• They are not codified, enforced by presiding Health wherein the Chairman of Rajya Sabha is
officer. the ex-officio President and the Speaker is the ex-
• These are all available to attorney journal, union officio Co-President.
ministers extend to parliament committees too. See Annexure –II
• It talks about only two privileges (1. Freedom of Vacation of Seats:
Speech, 2. Right to Publish) and other privileges Representation of Peoples Act:
are stated those are British house of commerce. • Member elected for both houses of Union parliament
shall resign one of house within 10 days. If not MP
Collective Privileges: Rajyasabha becomes vacant.
• To publish that reports and debates and • MP Loksabha elects to Rajyasabha is membership to
prohibiting others from publishing. the first house, MP Loksabha gets vacated.
• It can regulate its proceedings, procedure, • If a person elected as a MP and MLA his seat in
conduct of business parliament becomes vacant, if no decision made
• It can punish people to breach of privileges within 14 days.
• Codes are prohibited to interviewing
See Annexure – III:
• No legal process can be served without the
Charged expenditure on consolidated fund of India:
permission presiding officer
1. President of India.
• Right to receive immediate information of arrest/
2. Emoulments, Allowances and office expenditure
detention of its member
3. Chairman, Deputy Chairman, Speaker of Rajya
Individual Privileges: Sabha. Speaker, Deputy Speaker of Lok Sabha
• Cannot be arrested during the session 40 days salaries and allowances.
before and after (only in civil cases) absolutely 4. Judges - (Supreme Court Judges salaries,
freedom of speech. allowances and pensions)
• Exempted from jury service. 5. High Court Judges (Only Pensions – Salaries are
charged to consolidated fund of the state)
Parliamentary Committees: Annexure - I 6. CAG, UPSC Chairman salaries, allowances and
pensions.
Departmental standing committees: 7. Administrative expenditure of Supreme Court,
• It ensures executive accountability to UPSC, CAG
Parliament. 8. Dead charges of the government.
• There are 24 committees , 8 in Rajya sabha 9. Any expenditure declared as charged by the
and 16 in lok sabha. parliament.

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READY RECKONER OF POLITY
Not Charged Expenditure:
1. Election Commission
2. High Court expenditure and salaries of judges
charged to consolidated fund of state
STATE LEGISLATURE
Composition : Governor, Assembly, Council (in some
states)
Legislative Assembly:
• Maximum strength – 500 Minimum – 60 (Arunachal
Pradesh, Sikkim, Goa Minimum Number is 30 i.e.,
(GAS), Mizoram – 40, Nagaland – 46)
• 1 member can be nominated by Governor from Anglo
Indian Community
• Directly elected, universal adult franchise
• Territorial constituencies, Readjusted after every
census
• Seats are reserved for SC’s and ST’s in proportionate
to their population
Legislative Council:
• Minimum 40, Maximum 1/3 of the size of Legislative
Assembly
• 5/6 are elected, 1/6 are nominated by the Governor
from the fields of Art, Literature, Cooperative
movement, Science and Social Services.
• Elected Members- 1/3rd by Local bodies, 1/12 teacher
constituencies, 1/12 graduate constituencies, 1/3rd
MLAs (Both Elected & Nominated)
• Legislative Council can be created or abolished by
parliament with recommendations of Legislative
Assembly.
• Parliament has to pass the bill with simple majority.
• Legislative assembly has to recommend for the same
with special majority (Article 168) through an
Ordinary Bill in Loksabha
Chairman of Council
• Elected by members of Legislative Council (there is no
deputy governor at state level)
Ordinary Bill
• State Legislative Council do not have powers
equivalent to Rajyasabha
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| 33 |
• Legislative Council can maximum delay an ordinary
bill for 4 months.
• Governor can reserve the bills for the consideration of
the president of India (Article 200).
• When a bill reserved for President and President can
send it for reconsideration it has to reconsidered
within 6 months, it is not binding on the president
after reconsideration.
• The bill that damages the position of high court shall
always be reserved by governor.
• Governor also reserves a bill 1) Ultra Wires provisions
of the constitution 2) Opposite to the DPSP 3)Larger
interest of the Country 4)Grave national importance
5)Delink with compulsory acquisition of the property
under Article 31(A) of the constitution.
Money Bill
• Same as Parliament
Status of Legislative Council
• Powers equal with Assembly 1) Ordinary Bill can be
introduced 2) Approval of ordinances 3) Ministers can
come from either of the house
• Consideration of the reports of constitutional bodies
CAG, Finance Commission, State Public Service
Commission etc.,
• Enlargement of Jurisdiction of State Public Service
Commission.
• Privileges same as Union Parliament
• Disqualification of MLAs same as Union Parliament
Note: There is no joint sitting in case of dead lock.
constitutional amendment cannot be introduced.
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READY RECKONER OF POLITY | 34 |

ANNEXURE – I: PARLIAMENTARY COMMITTEES

Public Accounts Committee on Public Departmental Standing
Criteria Estimates Committee
Committee Sector Undertakings Committees (Total 24)
1950 on recommendations Govt. of India Act, 1919. Krishna Menon Rules committees of
Origin
of John Mathay. committee 1964 Loksabha 1993
22 (15 from Loksabha 7
from Rajya Sabha). Elected 31 members
30 members all from
for one year through (21 from Loksabha
Loksabha. Elected for one
proportional 10 from Rajyasabha)
Composition year by proportional Same as PAC
representation by single Nominated by
representation to single
transferable vote. respective presiding
transferable vote.
Chairman is normally from officers.
Opposition
To examine reports and
To examine bills,
To Examine the budget To examine CAG Audit accounts public sector
demands of grants and
Function suggests economies of report and discover the undertakings. It do not
other matters
public expenditure. irregularities. involve with day to day
recommended to them.
affairs of PSUs.
Available, CAG is the friend,
Supportive
No philosopher guide for the No No
Officer
PAC.
Yes, it can suggest
Involvement alternative policy to
No No No
in Policy bringing economies of

ANNEXURE – II Disqualification of MP’s

Source Grounds Authority

President of India in
Constitution of India Office of Profit, unsound mind (to be declared by the court)
consultation with Election
(Art 102) Undischarged insolvent, acquires foreign Citizenship`
commission of India.

Representation of President of India in

Corruption/Electoral Offenses/ Social crimes such as Untouchability
Peoples act ( RPA), consultation with Election
etc/ Conviction for more than 2 years
1951 Commission of India.

Member of registered Political Party: resigns / Joins in any other

political Party, violates the WHIP that is not cordoned by the party
nd
Defection (52 AA – within 15 days.
th
10 Schedule Nominated member : if he joins any Political party after 6 months. Presiding Officer
Anti defection law Independent members: if he joins in any political party (6 months not
applicable). Exceptions: Speaker, Merger (2/3 of the Members goes
out of the party and Joins other Party.
President of India in
Absence from the Absence for 60 days without permission can be disqualified (4
Consultation with Election
house consecutive adjournments or proroguing of house do not count)
commission of India.

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READY RECKONER OF POLITY | 35 |

Annexure – III: Comparison of Various Bills

Ordinary Constitution
Objective Money Bill Finance Bill I Finance Bill II
Bill Amendment Bill

Introduced house LS/RS LS Only LS Only LS /RS LS+RS

Minister/ Private
Introduced by Public Public Public/Private Public/Private
member

Prior permission No Yes Yes No No

Majority simple simple simple simple special

Duration 6 months 14 days 6months 6months -

Joint Sitting Yes No Yes Yes No

Status LS=RS LS>>RS LS=RS LS=RS LS=RS

Accept, Reject, Accept, Reject Accept, Reject, Accept, Reject,

President can Must give assent
Return Not return Return Return
Recommendation
Required Required No No Not required
of President

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READY RECKONER OF POLITY | 36 |

SUPREME COURT: a distinguished jurist in the opinion of the president.

(No minimum age, tenure is prescribed)
• Articles 124 to 147 in Part V • He holds office until he attains the age of 65 years.
• It succeeded the Federal Court of India, (established • Question on Age determined by parliament.
under the Government of India Act of 1935).
• Seat of Supreme Court, New Delhi Removal:
• Regional Benches can be established by CJI with the
approval of President.
• Integrated judiciary: single system of court enforces
both central and state laws.
• Supreme Court can decide it’s own procedure with
approval President.

Appointment of judges:
• CJI is appointed by President of India.
• 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 as
he deems necessary.
• Total judges including CJI is 31. Adhoc Judge:
• Post invalidation of NJAC , collegium system is To meet the quorum of the judges,
followed for appointment of judges. • Appointed by Chief Justice of India
• Judge of High Court qualified to be a Supreme Court
Judge can be appointed as aAdhoc Judge.

Retired Judges:

• To meet increased work load appointed by CJI after

consent of President of India in consultation with
president of India.

JURISDICTION OF SUPREME COURT

Qualifications:
• One chief justice and thirty other judges (parliament
can determine the strength)
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high
courts in succession) for five years; or (b) He should
have been an advocate of a High Court (or High
Courts in succession) for ten years; or (c) He should be

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READY RECKONER OF POLITY
1. Original Jurisdiction
Exception to Original Jurisdiction:
• Pre constitutional treaty agreement etc.,
• Inter State River water disputes
• Finance Commission Matters
• Commercial Disputes
• Recovery of Damages by a State against the Centre.
2. WRIT JURISDICTION: (See Annexure – I)
3 .Special Leave Petition:
• Discretion of the Supreme Court, it is on any matter
and it can be given to any court/tribunal except
military and court martial.
• Discretionary power to be used exceptional case. can
be issued for final interlocutory/final.
4. Appellate Jurisdiction:
1. Civil Matters:any substantial question of law, any
question to be decided by the Supreme Court.
2. Criminal Matters:Death Punishment, Life
Imprisonment given by high court by reversing the
judgement lower court. High Court certifies a case of
fit for Supreme Court hearing.
3. Constitution Matters:High court the certifies a matter
as substantial question.
5. Court of Record:
• Supreme Court Judgement proceedings or can be
used as a evidences in lower courts.
• Contempt Powers includes,
1. Civil Contempt: for wilful disobedience of any
judgement or order.
2. Criminal Contempt:For scandalizing court interfering
with the administrative justice, judicial proceedings.
Independence of Supreme Court:
1. Appointment by Collegium.
2. Expenditure of Court and Judges is charged from
consolidated fund of India.
3. Judges and their conduct cannot be discussed except
during the removal.
4. supreme court judges arebarred from practice after
the retirement (High court Judges can practice)
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| 37 |
5. Supreme Court can appoints it’s own staff .
6. Parliament cannot curtail jurisdiction of Supreme
Court but can extend it.
High court:
• Articles 214 to 231 in Part VI
• The institution of high court originated in India in
1862 when the high courts were set up at Calcutta,
Bombay and Madras.
• Judiciary in a state consists of High Court and
Subordinate Courts.
• High Court can exists in two or more states.
• Parliament can extend or exclude the jurisdiction of
High Court to a union territory.
• Independence of High Court same as Supreme Court.
• The strength of the High Court determined by the
President. (Supreme Court by Parliament).
Appointment of Judges:
• Chief Justice of High Court is appointed by president
after consultation with CJI and Governor.
Qualifications:
1. He should be a citizen of India.
2. Judicial Office should have held judicial office in India
for 10 years or an advocate in the high court for 10
years.
• No minimum age, maximum tenure, he retires at 62,
any question of age can be settled by the President
(In Supreme Court it is Parliament)
• He can practice after retirement in Supreme Court
and other High Courts.
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READY RECKONER OF POLITY | 38 |

Removal of Judges: • Any death sentence given by district court shall be

confirmed by High Court.
• Same as Supreme Court
4. Supervisory Jurisdiction:
Salaries and Allowances:
• High Court Supervises and controls sub ordinate
• Salaries are charged from consolidated fund of state,
codes. (do not exists for Supreme Court)
pensions are charged to consolidated fund of India.
• Any matter adjudged by tribunal can be appealed to
• Salaries and allowances are determined from time to
High Court. (No direct appeal to Supreme Court)
time by parliament.
5. Control over Subordinate Courts
Additional Chief Justice:
• High court deals with matter of promotion, transfer,
• Appointed by President to meet increased work load
discipline of Judicial members of subordinate courts.
(maximum for 2 years)

Acting Judge: 6. A court of Record:

• Appointed by the President due to absence of a
• Judgements are recorded for perpetual memory.
Judge.
• Power to punish for Contempt of court
• He holds office till permanent judge returns.

Retired Judges:

• Can be appointed by the Chief Justice of High Court

with previous consent of Justice.
• They get salaries, allowances as determined by the
President.
• He is not deemed to be Judge of High Court.

Jurisdiction of the High Court:

1. Original jurisdiction:

• Disputes relating to admirality , will, marriage

• Disputes relating to elections of members of High Courts sitting outside the State Capitals:
parliament and state legislatures • Chattisgarh – Bilaspur
2. Writ Jurisdiction: • Gujarat – Ahmedabad
• Assam and North East – Guwahati
• Writ Jurisdiction of High Court and Supreme Court are • Jharkhand – Ranchi
concurrent with each other. • Kerala – Ernakulam
• Writ Jurisdiction of High Court (226) extends both to • Madhya Pradesh – Jabalpur
Fundamental Rights and Legal Rights. (Wider than • Orissa – Cuttack
Supreme Court- SC can issue only for FR)
• Rajasthan – Jodhpur
• Writ Jurisdiction of High Court and Supreme Court are
• Uttarkhand – Nainital
part of basic structure of the constitution.
HC Jurisdiction over Union Territories:
3. Appellate jurisdiction:
• Dadar Nagar Haveli, Daman Diu – Bombay High Court
• High Court is majorly a court of appeal.
• Andaman & Nicobar Islands – Kolkata High Court
• Any criminal matter punished greater than 7 years
• Puducherry – Madras High Court
can be appealed in High Court.

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READY RECKONER OF POLITY | 39 |

• Lakshadweep – Kerala High Court
• Guwahati High Court has jurisdiction over Assam,
Nagaland, Mizoram and Arunachala Pradesh (MANA)
• Sikkim, Tripura, Meghalaya, Manipur have their own
High Courts now.
Subordinate courts:
• Court fee and other duties are exempted
• Lok Adalat has power of Civil Court. It can deal with
both civil and criminal matter, but not non-
compoundable matters.
• Permanent Lok Adalats can deal upto 10 lakhs of
rupees it is established for cases related to public
utility services.

• Gram Nyayalayas they are first class judicial

magistrate courts, they deal with both civil and
criminal matters, they are not bound by Indian
evidence act. It is a mobile court, it has a power of
Civil Court.

• Judicial activism-(Concept of USA)-- proactive role

played by the judiciary in the protection of the rights
of citizens and in the promotion of justice in the
society.
• Articles 233 to 237 in Part VI---- Appointment of
• Public Interest Litigation (PIL)-- originated and
district judges in a state are made by the governor of
developed in the USA-- In India, the PIL is a product of
the state in consultation with the high court. the judicial activism role of the Supreme Court.
• Qualifications to be appointed to be appointed by the
District Judge.
o Advocate or Pleader for 7 years
o Should be recommended by the collegium of High
Court
o He should not having any position under state or
union executive.
• District Judge is the administrative head of Judiciary in
a District.
• Appointment of persons (other than district judges) to
the judicial service of a state are made by the
governor of the state after consultation with the State
Public Service Commission and the high court
• Article 39A --provides for free legal aid to the poor
and weaker sections of the society and ensures justice
for all

‘Lok Adalat’:

• People’s Court--- based on Gandhian principles--- It is

one of the components of ADR (Alternative Dispute
Resolution) system—statutory bodies.
• Can take up matters pending before courts are in pre-
litigative stage.
• Judgement of Lokadalats is final and cannot be
appeal.

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READY RECKONER OF POLITY | 40 |
LOCAL GOVERNMENT
Evolution:
• 1957 - BalwanthRai Mehta Committee to examine the
working of Community Development Programme and
National Extension Services.
• 1977 – Ashok Mehta Committee – Committee on
Panchayat Raj Institutions
• 1985 - G.V.K. Rao Committee – to examine
programmes of Rural Development and Poverty
Alleviation
• 1978 – Dantwala Committee – block level planning.
• 1984 – HanumanthaRao Committee – on District
Planning.
• 1986 – L.M. Singhvi Committee – Revitalization of
Panchayat Raj Institutions for Democracy and
Development.
• 1988- Thugon committee- District planning
• 1988 – V.N. Gadgil Committee – Committee on Policy
and Programmes.
Comparison - See Annexure – I
• 73rd, 74th Amendment Act
www.laex.in Local Government
GramaSabha:
• Symbol of Direct Democracy
• All voters of the village are its members
• Functions are determined by State Legislature
3 Tier PanchayatRaj:
• System at Village samitee and District Level
• 2 Tier can exists in the population is less than 20 lacks.
Elections:
• Regular tenure is 5 years, if dissolved elections shall
be held with 6 months.
• Seats are reserved for SC, ST (based on population) &
Women (1/3rd) in case of membership.
• Seats are reserved in chairperson for women (1/3rd ).
State government can make provision for
chairpersons reservation for SC/ST .
• Reservations for OBC is decided by State Legislature.
• If local government is dismissed and elections are
held for any reason newly constituted panchayats do
not get fresh lease of 5 years. (they only get the term
remaining for original panchayats).
• Age to contest 21 years.
• State Election Commission: Constitutional body 243K
consists of State Election Commission (Not a multi
member body like Election Commission).
Governor appoints State Election Commissioner, he has
security of tenure, he can be removed as like the
Judge of High Court. (No such protection exists as
Election Commissioner at the center).
• Provisions proceedings related to conduct of elections
are determined by State Legislature.
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READY RECKONER OF POLITY | 41 |
Powers, Functions and Finances determined by State
Legislature :
• 29 matters that can be transferred to Panchayatsas
there in 11th Schedule.
• Preparation of plans and implementation of plans for
Economic development and Social justice.
• Finances- state legislature may authorise panchayat
to levy taxes, assign from collected revenue of state,
grants in aid by states.
• State Finance Commission: Governor constitutes
once in 5 years. Composition of commissioner and
qualification are determined by state legislature,
there is an organic link between central finance
commission and state finance commission (central
finance commission can recommend measures to
augment the consolidated fund of a state and
supplement the resources of the panchayath in the
state).
• Audit & Accounts: State Legislature will determines.
• Election Petitions: State Legislature will determines.
Courts are barred from interference.
• Application to UT- President shall apply the provisions
of the act.
• Certain areas are exempted –J &K, Nagaland,
Mizoram,Meghalaya and others( hill areas of
Manipur, Darjeeling )
• PESA ACT OF 1996: Part IX provisions is not applicable
to Fifth Schedule areas. Extentions of these provisions
with certain modifications in scheduled areas. Self
rule with administrative framework consistent with
traditional practices.
Municipalities:
Evolution:
• 1687 Madras- first Municipal Corporation.
• 1727 -Municipal Corporations of Bombay and
Calcutta.
• 1870- Lord Mayos Resolution on Financial
decentralization.
• 1882 -Lord Ripon resolution Magna Carta of Local Self
Government.
• 1907- Royal commission on Decentralization.
• 1919- Government of India Act, Local Self
Government became transferred subject.
• 1924 -Cantonments Acts
www.laex.in Local Government
• Govt. of India Act 1935, Local Governmentsbecome a
provincial subject.
• Constitution of India: Local Governments a state
subject
• 3 Types of Municipalities:Nagar Panchayat(rural to
urban transition area) , Municipal Council(small urban
area), Municipal Corporation(larger urban area) .
• Ward Committee shall exists if the population of
municipality is more than 3 lakhs, remaining all as
Panchayts.
• Elections:Municipalities can also have nominated
members it is decided by State Legislature.Seats are
reserved for SC, ST (based on population) & Women
(1/3rd) in case of membership.
• Manner of reservation for Chairpersons and OBC are
determined by state legislature.
• Functions: 12th Schedule has 18 functions that can be
transferred by State Legislature to Municipalities.
• Others Functions and Finances: Same as Panchayats.
District Planning Committee:
• Article 243 DPC to consolidate the plans of
panchayats and municipalities and to prepare a draft
development plan.
• 4/5th members can be elected 1/5th can be
nominated.
• Elected members in the committee shall be in
proportion to rural- Urban population.
• State Legislature can determine mode of election
members etc.,
Metropolitan Planning Committee:
• 243ZE – 2/3rd members shall be elected and 1/3 can
be nominated, other provisions same as district
planning committee.
Central Council of Local Government: Constitutional
Article 263 by the Presidential Order.
Advisory Body: Union Minister for Urban
Development is the Chairman and Local Government
Minister of the States are the members.
Types of Urban Governments:
1. Municipal corporation- administration of big cities ,
created by acts of State legislature ( In case of UT by
Parliament). Administrative framework- Council
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READY RECKONER OF POLITY | 42 |

headed by Mayor , standing committees, Municipal • President of India can appoint administrator, Lt.
commissioner. Governor or Governor of Adjoining state as an
administrator of Union Territory.
2. Municipalities-administration of towns and smaller • They shall act as agent of the President.
cities, created by acts of state • Parliament can establish a High Court, Legislature,
legislature.Administrative framework- Council headed Chief Minister and Council of Ministers for a Union
by President, standing committees, CEO. Territory.
3. Notified area committee-administration of fast • Union Territory of National Capital Territory of Delhi
developing towns or which doesnot fulfil conditions have legislative assembly, chief ministers and council
for a municipality, created through Gazette of ministers.
notification. Entirely nominated body. • Delhi is the only Union Territory that has High Court
4. Town area committee: small town administration, of its own.
semi municipal authority with limited functions,
Special Provisions for Delhi:
created by state legislature. Wholly/ partly elected or
nominated.
5. Cantonment Board: civilian administration in
cantonment area, works under defence ministry.
partly elected and partly nominated body.
6. Township: administration of township established by
large public administration.no elected members.
7. Port trust: established by act of Parliament for civil
administration in and around ports.
8. Special purpose agency: set up by state for specific
purposes ie., function based organisation.
• Ministry of Home Affairs is the nodal agency for all
Union Territories: Union Territories.
Evolution: Criteria States Union Territories
Relationship with
Federal Unitary
Centre
Distribution of
Exists Do not exists
Powers
Uniformity in
Politics & Exists in States Do not exists
Administration
Head of the Agent of the
Governor
State Center
Reasons for creation of Union Territories: Only under
Parliamentary laws Regularly all three
exceptional
• Delhi & Chandigarh: Political and Administrative on State List lists.
circumstances
Reason
• Puducherry, Dadra & Nagar Haveli, Daman and Diu :
Cultural Factors (Former Portuguese and French Scheduled Areas & Tribal Areas:
Colonies).
Schedule – 5:
• Andaman Nicobar, Lakshadweep: Islands of Strategic
importance. • President of India can declare an area as a Scheduled
area in consultation with Governor of the State.
Administration of Union Territories:

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READY RECKONER OF POLITY | 43 |

• Executive power of the state extends to Scheduled

areas but Governor has special responsibilities to
implement centres directions and to report to the
President of India.
• Tribal Advisory Council with 20 member, MLAs from
Schedule Tribes (3/4th) and nominated members
(1/4th) exists to advise on welfare.
• Laws can be modified by the Governor tobe applied
to Scheduled areas.
• Governor can make regulations on land, money
lending etc. in consultation with tribal advisory
council.
ANNEXURE – I: COMPARISON OF COMMITTEE ON POLICIES AND MATTER
• Any regulation that can repeal or amend Law of
Gadgil
Parliament or State Legislature need ascent of Balwanth Ashok
Criteria L.M. Singhvi Commi
President. Rai Mehta Mehta
ttee
Structure 3 Tier 2 Tier 3 Tier 3 Tier

Zilla Parishad
Integrated
Administrative
Structures for
Panchaya
Zilla planning and
Executive t
Parishad development
Body Committe
-District
e
Development
Officer should
be CEO of Zilla
Parishad

Constitutiona Did not Recomme Recomme

Recommended
lity recommend nded nded

Nyaya Recomme
Silent Recommended Silent
Panchayats nded

• Tribal areas in Assam, Tripura, Mizoram and Planning and

District Level
District
District Level
District
Development Level Level
Meghalaya.
• Autonomous Tribal districts can be created, modified
by Governor. Developm
ental
• Governor can also create autonomous regions within functions
an autonomous districts. shall be
transferre
• Each autonomous districts has a district council, it d CEO of
administrators the district. Should be
Zilla
District Parishad.
th chairman of - -
6 schedule Collector District
Zilla Parishad
Collector
• Autonomous districts created by Governor fallswith in regulator,
executive authority of state. revenue
functions
• They are empowered to make laws,collect land of state
revenue, establish schools, markets etc. governme
nt.

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READY RECKONER OF POLITY | 44 |

Constitutional Bodies
Attorney CAG Special
Election National Finance
general and (Guardian officer for
Criteria commission of UPSC SPSC commission commis
Advocate of public linguistic
India for SCs/STs sion
General purse) minorities
338 (65 CAA) 350 B
Article 324 76/165 148 315-323 315-323 280 TH
/338A ( 7 CAA)

CEC and other

Election
Chairman and Chairman and Chairman, Determi
commissioners Single
Composit other members. other members vice chairman ned by Single
President of India Single member member
ion can also appoint body
Determined by Size is determined and 3 Parliame member
President of India. by the governor. members. nt
regional
commissioner.
President of
President by
President of India. India by a
warrant Presiden
Appoint He also President warrant Governor of the President of
President of India under his t of
ment determines size of /governor under his state
hand and India
India
the EC. hand and
seal.
seal.
Qualified to be
appointed as a Half of the Half of the
judge of the members should members should
No
Qualificat Supreme have experience have experience Parliame Constitution
Not prescribed qualifications
ions court./ High under the govt of under the govt of
prescribed.
nt is Silent
court India or state govt India or state govt
(advocate for 10 years. for 10 years.
general)
65 years or 6 years UPSC: 65 or 6 Determined
Tenure At the pleasure Appoint
whichever is 65 or 6 years. (for both 62 or 6 years. by president
And of ed once Constitution
earlier, years. members and of India. ( it is
conditions president/gove in 5 is Silent
determined by Parliament chairman) Governor normally for 3
of service rnor. years
president. President years)
President of India.
Grounds for
CEC – As like
removal : adjudged
Judge of SC and No procedures.
as insolvent,
others by President for
infirmity of mind or Removal is by
president of India attorney and As judge of
body, engages in president of India. Tempor Constitution
Removal in consultation governor for Supreme President
employment ary body is Silent
with CEC. advocate court.
outside office. Same as UPSC.
Grounds: proved general make
Misbehavior:
misbehavior or decisions.
supreme court
incapacity.
enquiry is
necessary.
Not eligible for Not eligible for re
employment appointment or
outside UPSC. any other job
Not eligible
He is not Member can be under govt.
Post for any job No
debarred from appointed as a Constitution
retiremen No restrictions under union No limitations restricti
private legal chairman of UPSC SPSC member can is Silent
t jobs or state ons
practice. or SPSC. become chairman
government.
No reappointment of any other SPSC
for chairman of or UPSC chairman
UPSC. or member.

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READY RECKONER OF POLITY | 46 |

NON CONSTITUTIONAL BODIES

Criteria NITI AAYOG NHRC SHRC CIC SIC CVC
Statutory, Statutory,
Origin and protection of protection of
Executive order RTI act, 2005 RTI act, 2005. CVC act, 2003
status Human rights Human rights
act, 1993. act, 1993.
Chairperson(PM)
Vice chairman,
Members: full Multi member
time. Part time body. Chairman
Multimember
members (2), Ex and 4 members. Multi member
body
officio members Multimember Multi member body State chief
consisting of
(4), CEO 4 ex officio body. Chairman body – CIC and information
Composition CVC and two
Governing council- members – and two 10 other commissioner
vigilance
CM’s of all states, National members. commissioners. and 10
commissioner
Delhi, Puducherry, commission for members.
s.
Lt women, SC, ST
govt/administrato and minorities.
rs of UTs
Regional council
President on Appointed by
Appointed by
recommendatio Governor on the Three
President on
ns of six member recommendatio member
Governor on the recommendatio
committee ns of a committee
recommendatio ns of a
headed by PM . committee consisting of
ns of a committee
Appointmen ( speaker of LS, headed by CM PM, union
PM committee consisting of PM,
t Dy chairman of and consisting of Home
headed by CM. Leader of
RS, leader of leader of minister and
( same like opposition,
opposition in LS, opposition, Leader of
NHRC) minister
RS and central minister Opposition in
nominated by
home minister. nominated by LS.
PM.
CM.
Chairman – Retd
Chairman – retd
Chief Justice of Persons of
CJI. They shall be
High Court. eminence in
Members – persons of
Members: various fields.
Retd/serving - eminence.
serving or retd Shall not
Judge of SC, They should not
judge of high MP/MLA of any
chief Justice of be MLA/MP.
Qualification Determined by court or a state.
HC. They shall not Not stated.
s Executive district judge They shall not
Two members have any office
with 7 years of have any office
having of profit with
Experience. of profit with
knowledge and any political
Person having any political
expertise with party or business
practical party or business
Human rights. or profession.
experience with or profession.
HR.

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READY RECKONER OF POLITY | 47 |

65/5 years.
65/5, salaries Salaries and 65/4 years.
and allowances allowances of Salary of CVC =
are equal to chief information chairman of
Tenure and
Determined by Chief election commissioner are UPSC.
Service 70 years/ 5 years 70/5 years
Executive commissioner, similar to election Vigilance
conditions
members is commissioner and commissioners
equal to election other members = members of
commissioners. are similar to UPSC.
state chief secy.
President of
India.
Insolvency,
infirmity of body
or mind, job
outside
Same as
commission,
NHRC.
unsound mind, Governor can
Appointed by
Determined by convicted and remove them.
Removal Governor but Same like NHRC. As like NHRC.
Executive sentenced to Grounds are same
removed by
imprisonment for as CIC.
President of
offence.
India.
Proved
misbehavior or
incapacity :
President shall
refer the matter
to SC for enquiry.
Not eligible for
Post further
Not eligible for Not eligible for
retirement No restrictions Not eligible Not eligible employment
reappointment. reappointment.
employment under state or
union govt.

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READY RECKONER OF POLITY | 48 |

NON CONSTITUTIONAL BODIES b) Leader of opposition in LS

c) Chief Justice of India, or a sitting judge of SC
1. Removal of NHRC, SHRC, CIC, CVC is by president. nominated by CJI.
d) Speaker of Loksabha
Grounds for Removal
e) Eminent Jurist nominated by president of India.
a) Adjudged as insolvent
PM to group D employee are under the scope of
b) Convicted for an offence which involves a moral
Lokpal.
turpitude
c) Infirmity of mind or body. 3. Tenure is 5 years or 70 years. Conditions of service are
d) Acquired any financial interest that can affect his as like judge of SC.
official position. 4. Removed as like Judge of a SC.
e) Proved misbehavior or incapacity – In this case,
president shall refer the matter for supreme court
for enquiry.
f) A person is deemed to be guilty of misbehavior if
he is concerned or interested in any contract of
central govt or participates in any way in that
contract or agreement or gains profit from it.
CBI

1. It is not a statutory body. It was appointed by the

executive resolution of union home ministry. It
derives its powers from Delhi special police
establishment act.1946
2. Director of CBI is appointed by the committee
consisting of PM, leader of opposition in LS and Chief
Justice of India.
3. Tenure – 2years.
4. Central govt can appoint the officers above the rank
of SP on recommendations of committee headed by
CVC, Vigilance commissioners, secretary of home and
Personnel.
5. Director of prosecution is appointed on the
recommendation of CVC. Tenure is 2 years. He is
equivalent to the rank of joint secretary of govt of
India.

Lokpal

1. Lokpal and lokayukta act 2013. Consist of chairman

and 8 members. 50% shall be Judicial members. 50%
shall be form SC, ST, Women, minorities.
2. Appointed by a select committee consisting of
a) PM

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READY RECKONER OF POLITY | 49 |

1. Co-operative Societies 323A 323B

• 97thConstitutional Amendment Act of 2011 Public service matters Certain other matters
• Constitutional provisions Created by Parliament and
Created only parliament
 Part IX-B state legislature
 state legislature make provisions
Hierarchy of tribunals may be
 number of directors decided- state legislature No hierarchy of tribunals
created
 maintenance of accounts- state legislature

2. Official Language
• Part XVII, Articles 343 to 351.
• four heads of languages
 Language of the Union
 Official language- Hindi
 Centre-State- English (temporary)
 Regional languages
 state may adopt any one or more of the
languages
 Language of the judiciary and texts of laws
 All proceedings in the SC and HC, bills, acts,
ordinances, orders, rules---English
(temporary)
 Special directives.
 Protection of Linguistic Minorities
 Development of Hindi Language

3. Public Services
a. Articles 308 to 314 in part XIV
b. Article 309 Parliament and state legislature-
Appointment
c. Article 310- Tenure of Office
d. Article 311- Safeguards to Civil Servants
e. Categories
i. All-India services -Article 312-IAS,IPS,IFS
ii. Central services
iii. State services.

4. Tribunals
a. 42nd Amendment Act of 1976- Part XIV-A
b. Equal to HC judges
c. Article 323 A - Administrative tribunals CAT
and SAT set up parliament
d. Article 323 B- Tribunals for other matters.

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READY RECKONER OF POLITY | 50 |

HISTORICAL BACKGROUND

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READY RECKONER OF POLITY | 51 |

The Company Rule (1773–1858)

Pitt’s India Act of 1784
Regulating Act of 1773
• commercial and political Charter Act of 1853
• Governor of Bengal
functions separated Charter Act of 1833 • separated legislative and
as the ‘Governor-
• commercial affairs- Court • Final step towards executive functions
General of Bengal’
of Directors centralisation in British India. • Open competition system
(1st Lord Warren
• Political affairs- Board of • Governor-General of Bengal for recruitment of civil
Hastings)
Control as the Governor-General of servants
• Supreme Court at
• system of double India • It extended the
Calcutta (1774)
government • Laws made under this act Company’s rule
• Private trade of
• Indian territories are were called as Acts. • For the first time
servants-prohibited
called ‘British possessions • East India Company no more introduced local
• Control of the British
in India’ commercial body, became representation in the
Govt on Company
• British Govt- supreme administrative body. Indian (Central) Legislative
by- Court of
control over Company’s Council.
Directors
affairs

Crown Rule (1858–1947)

Government of
India Act of 1919
(Montagu-
Government of
Indian Councils Indian Councils Act Chelmsford
GoI Act of India Act of 1935
Act of 1861 of 1909 Reforms)
1858 • Establishment
• beginning (Morley-Minto • Introduced
• Act for of an All-India
of Reforms) ‘diarchy’ GoI 1947
the Good Federation.
representat • Increased the • First time • Ended the
Governm • Abolished
ive size of the introduced British rule
ent of Indian Councils diarchy in the
institutions legislative bicameralism in India
India Act of 1892 provinces and
• process of councils (from and direct • Partition of
• Governor- • Increased introduced
decentralis 16 to 60). elections India
General the number ‘provincial
ation • For the first • Viceroy’s • Abolished
of India of members autonomy’
• new time provided executive the office
became in the • adoption of
legislative association of Council- 3 to be of viceroy
Viceroy of Central and diarchy at the
councils in- Indians with Indian • Constituent
India. provincial Centre
Bengal, the executive • extended the Assemblies
• ended the legislative • It introduced
North- Councils of the principle of - adopt any
system of councils. bicameralism
Western Viceroy and communal constitutio
double • Power of • extended the
Frontier Governors. representation n
governme discussing principle of
Province • system of • new office of • freedom to
nt the budget communal
(NWFP) and communal the High the Indian
• new • nomination representation
Punjab representation Commissioner princely
office- of some • establishment
• Recognition • Separate for India in states
Secretary non-official of a Reserve
to the representation London • dropped
of State members Bank of India
‘portfolio’ of presidency • establishment the title of
for India • Establishment
system. corporations, of a public Emperor of
• 15- of- Federal,
• Empowered chambers of service India
member Provincial and
the Viceroy commerce, commission
Council of Joint Public
to issue universities • separated,
India Service
ordinances and Zamindar. provincial
Commissions.
budgets from
the Central
budget

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