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Ghanshyam Thori Indian Polity
Ghanshyam Thori Indian Polity1
Indian Polity
Analysis:
Indian Political System - General Pol...
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· How does the constitution of India provide equal rights? (3...
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· Examine the role of the Estimates Committee (15 Marks).
Gov...
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What is the meaning of “Breakdown of Constitutional Machinery...
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Terms
Post Election Removal
President An electoral college co...
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Supreme
Court Judge
President appoints in consultation with
S...
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Finance Bill Bill ordinarily introduced every year to give ef...
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notice question.
Question of Privilege A question involving a...
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follows the adjournment of the sitting of the House sine die...
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supplementaries and making brief comments. In this procedure...
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Resolution & Its
Types
A Resolution is the formal expression...
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C. Any other matter referred to the Finance Commission by th...
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the Indian Penal Code.
Conclusion:
The section of the nation...
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Constitution features of the Constitution of India are beyon...
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· The mandate to build a welfare state.
Justice Jaganmohan R...
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Parts of the Constitution
Part Articles Areas
I 1-4 The Unio...
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Schedule VI Administration of tribal areas in Assam, Meghala...
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Case the Supreme court struck down those provisions
5. Manek...
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Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram...
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maximum membership can be 1/3rd
that of Legislative Assembly...
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Minorities
commission
Seven members. The states of M.P, Oris...
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Article 8 Rights of citizenship of certain persons of Indian...
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Article 17 Abolition of Untouchability
Article 18 Abolition ...
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Article 43A Participation of workers in management of indust...
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Parliamentary Committees
1. Business Advisory Committee 15 m...
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criticism by the Committee. The Committee is not concerned w...
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Profit
17. Parliamentary Subject
Committees
17 parliamentary...
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challenged on the basis that one level of government (be it ...
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Annexure - I
Other Articles of the Constitution
Part V The U...
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of office of person elected to fill casual vacancy
Article 6...
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Article 98 Secretariat of Parliament
Conduct of Business
Art...
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Article 128 Attendance of retired Judges at sittings of the ...
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Article 160 Discharge of the functions of the Governor in ce...
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Article 189 Voting in Houses, power of Houses to act notwith...
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Article 222 Transfer of a Judge from one High Court to anoth...
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Article 243H Powers to impose taxes by, and Funds of, the Pa...
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Article 252 Power of Parliament to legislate for two or more...
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Miscellaneous Financial Provisions
Article 282 Expenditure d...
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Article 312 All-India services
Article 312A Power of Parliam...
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Article 335 Claims of Scheduled Castes and Scheduled Tribes ...
Indian polity
Indian polity
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Indian polity

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Indian polity

  1. 1. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity1 Indian Polity Analysis: Indian Political System - General Political Scenario/Broad Political Issue · Discuss economic backwardness as a major challenge of Indian democracy. Can democracy and development go together smoothly? (30 Marks) · What is the “Strategic Partnership” between India & United States of America? What are its implications for both the partners? (30 Marks) · What are the main determinants of voting behavior in India? (30 Marks) · Discuss the major obstacles in the smooth functioning of Parliamentary democracy in India. (30 Marks). · Bring out the aberrations in the Parliamentary system of government in India. (30 Marks). · Examine the demand for greater state autonomy & also its impact on the smooth functioning of the Indian Polity. (30 Marks). · Examine the major extra constitutional factors influencing the working of federal polity in India (15 Marks). Constitution of India & Its Amendments – Broad Constitutional Question · What is a constitution? What are the main sources of the Indian Constitution? (30 Marks) · What is the significance of Preamble of the Indian Constitution? Bring out the philosophy of the Indian Constitution as enshrined in the Preamble of the Indian Constitution. (30 Marks). · How does the constitution of India provide equal rights? (30 Marks) · Discuss the constitutional provisions regarding rights of Children. (15 Marks). · Discuss the significance of 44th Amendment of the Constitution of India. (15 Marks). · Why does the constitution of India provide different forms of Oaths for the President, the Ministers, the Legislators & the Members of Judiciary? Discuss their significance. (30 Marks). · How is the Constitution of India amended? Do you think the procedure to amendment makes the constitution a plaything in the hands of the Centre? (30 Marks). · Discuss the constitutional provisions relating to the non justiciable directives binding upon the states. (15 Marks). · Examine the need for the review of the Indian Constitution (30 Marks). · What constitutes the doctrine of “Basic features” as introduced into the constitution by the Judiciary. (30 Marks). Fundamental Rights & Duties · What is the right of life & personal liberty? How have the courts expanded its meaning in recent years? (30 Marks). · Give you views on the right to freedom of religion as enshrined in the Indian Constituion. Do they make India a secular state? (30 Marks). · What are the constitutional limitations on the free movement of Indians throughout the country? (15 Marks).
  2. 2. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity2 · How does the constitution of India provide equal rights? (30 Marks) · Identify the major fundamental duties. Directive Principles · Bring out the fundamental differences between the Fundamental Rights & the Directive Principles of State Policy/ Discuss some of the measures taken by the Union & State Governments for the implementation of Directive Principles of State Policy. (30 Marks) · What is the constitutional position of Directive Principles of State Polity? How has it been interpreted by the Judiciary after the emergency of 1975-77? (30 Marks). President – Vice President · What are the exceptions when the President of India is not bound by the aid & advice of Council of Ministers? (15 Marks). · Discuss the question of death sentence & Presidential Clemency. (30 Marks). · Comment on the nature of Ordinance Making power of the President of India. What safeguards are there against possible misuse? (15 Marks). Speaker · What is pro term speaker? (15 Marks). Parliament – Lok Sabha & Rajya Sabha · On What grounds can a member be disqualified from either House of the Parliament? (30 Marks). · How would you differentiate between the passage of a Constitution Amendment Bill and an Ordinary Legislative Bill? (15 Marks). · Under what circumstances can parliament legislate on State Subjects? (15 Marks) · Define Money-Bill. Discuss how it is passed in the Parliament. (15 Marks). · Discuss Parliamentary control over the Executive. (30 Marks). · Explain the relevance of Rajya Sabha as a second chamber in the federal setup of Indian Parlimentary System. (15 Marks). · The issue of hung parliament adversely affects the stability of the Indian Government. Discuss the statement and point out how far changing to the Presidential form of government will be a solution to this problem. (30 Marks) · What are the main differences between the passage of a constitutional amendment bill & other legislatve bills? (30 Marks). · Distinguish between Cabinet Secretariat & Prime Ministers Secretariat. Which of these is more important? (15 Marks). · How does Parliament control the Union Executive? How effective is this control? (30 Marks - Repeat). Parliamentary Committees: · Explain the role of Public Accounts Committee. (15 Marks).
  3. 3. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity3 · Examine the role of the Estimates Committee (15 Marks). Governor · Explain the discretionary powers of Governor of a State. (30 Marks). State Legislature · Examine the major extra constitutional factors influencing the working of federal polity in India (15 Marks). Local Governance – Panchayati Raj & Muncipalities · Would you say that the implementation of the Panchayati System in the last 10 years has lead to real restructuring of Indian polity? (30 Marks). · Discuss how the State government can exercise control over panchayats (15 Marks). Centre-State Relations · Comment on the financial relations between the Union & the States in India. Has post 1991 liberalization in any way affected it? (30 Marks). · Discuss the administrative relations between the centre & the states in the light of recent controversies. (30 Marks). Quasi-Judical/Extra Constitutional/Statutory Bodies · How does the Inter-State Council establish co-ordination between states? (15 Marks) · What are the steps that the Election Commission may take if a recalcitrant State Government wants to put off Assembly Elections? (15 Marks). · What is a Finance Commission? Discuss the main functions of the State Finance Commission. (15 Marks) Elections · Identify the major electoral reforms which are necessary in the Indian Political System · Describe the methods of delimiting constituencies for parliamentary elections in India (15 Marks – Important for this year). Judiciary · Is the High Courts power to issue writs wider than that of Supreme Court of India? (15 Marks) · Is it possible to distinguish between Judicial review & Judicial Activism in India? Does the recent behaviour of the Indian Judiciary partake more of judicial activism? Argue with suitable examples. · What is the position of Supreme Court under the Constituion of India? How far does it play a role as the Guardian of the Constitution. (30 Marks). Emergency Provisions
  4. 4. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity4 What is the meaning of “Breakdown of Constitutional Machinery”. What are its effects? (30 Marks). Miscellaneous · How has the Indian State tackled the tradeoff between Environment & development? (15 Marks). 2 Markers (Previous Years) 2007 1. What is criminalization of politics? 2. How is the President of India Elected? 3. What is Casting Vote? 4. What the difference between Council of Ministers & Cabinet? 5. What is the importance of Right to Constitutional Remedies? 2006 1. Explain the following terms: a. Dissolution of the House b. Prorogation of the House c. Adjournment of the business of the House 2. What is Consolidate fund of India? 3. To what extend can the President withhold his assent to a bill already passed by the Parliament? 4. What is India’s “Look East” Policy 5. What is meant by “Empowerment of India” in India? 2005 1. What is meant by Double Jeopardy 2. What are the protections afforded to Scheduled tribes in the Fifth Schedule of the Indian Constituion? 3. In what ways can the President of India ascertain the views of the Supreme Court on a particular bill? 4. What is the common point between Articles 14 & 226 of the Indian constitution? 5. Who & what does the Indian Parliament consist of? 2004 1. What is Habeas Corpus? 2. What are the constitutional restrictions imposed upon the power of borrowings of state government? 3. What is the special facility provided to the linguistic minorities under the article 350A? 4. How can a judge of the Supreme Court be removed? 5. How is the Election Commission of India Constituted? 2003 1. What is point of order? How can it be raised? 2. What is Privilege Motion? 3. State the difference between Council of Ministers & Cabinet (Repeat) 4. How is the Vice President of India elected? 5. What is meant by “Sine-die” adjournment? 2002 1. What is the importance of 84th Amendment of the Indian Constitution? 2. Under what Article of the Constitution can the Union Government play its role in settling Inter-state Water Dispute? 3. What is the role of the protem speaker? 4. What is meant by “Lame-Duck Session” of the Legislature? 5. What is meant by “Fringe Areas” in the sphere of local government in India? 2001 1. Explain the Local Area Development Scheme of the Members of Parliatment. 2. What is ethics committee of the Lok Sabha? 3. Why is it said that centre has absolute veto over state legislature? 4. What is Call Attention Motion? 5. When is the device of joint sitting of both houses of the parliament not available? 2000 1. What is vote on account? 2. What is a caretaker government? 3. Do you justify the Prime Minister’s Entry into Parliament through Rajya Sabha? 4. What is priviledge Motion? 5. What is Contempt of Parliament?
  5. 5. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity5
  6. 6. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity6 Terms Post Election Removal President An electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha). The election uses the Single Transferable Vote method of proportional representation. Through Impeachment. The process of impeachment may start in either house. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration. A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house where it has to be passed by 2/3rd majority. The president has the right to defend himself during the process. Legislative Assembly members do not participate in impeachment. Vice President By an electoral college consisting of all the Members of both Houses of Parliament. By a vote of the majority of the votes of all the members of both Houses of Parliament. But only Rajya Sabha can initiate the process. MP (Lok Sabha) Direct Election. 2 members of Anglo Indian community nominated. MP (Rajya Sabha) Members are elected by the Legislative Assembly of Each State. Delhi & Pondicherry are the only two UTs having representation. 12 members are nominated. Governor No provision in constitution. He holds office during the pleasure of the president. MLA Members of Legilative Council 1/3rd elected by State Legislative Assembly, 1/3rd by local bodies, 1/12th by university graduates, 1/12th by teachers, 1/6th nominated by governor. At present only 6 states viz Uttar Pradesh, Bihar, Karnataka, Maharashtra and Jammu and Kashmir & Andra Pradesh (added in 2005) have legislative council.
  7. 7. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity7 Supreme Court Judge President appoints in consultation with Supreme Court. For this the person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years, or the person must be, in the opinion of the President, a distinguished jurist. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session High Court Judge President after consultation with the Chief Justice of India, Governor of the State Concerned & Chief Justice of High Court. Exactly Same as in case of Supreme Court Judge (cited above). Parliamentary Terms Adjournment sine die Termination of a sitting of the House without any definite date being fixed for the next sitting. Appropriation Bill A Money Bill passed annually (or at various times of the year) providing for the withdrawal or appropriation from and out of the Consolidated Fund of India of moneys voted by Lok Sabha and moneys charged on the Consolidated Fund for the services of a financial year or a part of a financial year. Budget Annual financial statement of the estimated receipts and expenditure of the Government of India in respect of a financial year. The Budget is laid in Rajya Sabha in two parts viz., the Railway Budget and the General Budget. Casting Vote The vote cast by the Chairman, or the person Acting as such in the House and by the Chairman or person acting as such in a Committee, in the case of an equality of votes on a matter. Crossing the Floor Passing between the member in possession of the House and the Chair. To cross the floor is a breach of Parliamentary etiquette Dilatory Motion A motion for the adjournment of the debate or a motion to retard or delay the progress of the business under consideration of the House. The debate on a dilatory motion must be restricted to the matter of such motion. If the Chairman is of opinion that such a motion is an abuse of the Rules of the House, he may either forthwith put the question thereon from the Chair or decline to propose the question. Draw of Lot A method applied to determine the relative precedence of private members' Bills and Resolutions, notices of questions, half-an-hour discussions or any other notice given by more than one member simultaneously for being taken up on the same day. Expunction Deletion of words, phrases or expressions from the proceedings or records of Rajya Sabha by an order of the Chairman as being defamatory or indecent or unparliamentary or undignified.
  8. 8. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity8 Finance Bill Bill ordinarily introduced every year to give effect to the financial proposals of the Government of India for the following financial year and includes a Bill to give effect to supplementary financial proposals for any period. Financial Bill Financial Bills are of two types: (a) A Bill making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 of the Constitution is called a Money Bill. Such a Bill cannot be introduced except on the recommendation of the President and a Bill making such provisions cannot be introduced in Rajya Sabha. (b) A Bill which if enacted and brought into operation would involve expenditure from the Consolidated Fund of India. Such a Bill can be introduced in Rajya Sabha. It cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. Guillotine Guillotine is a different form of closure. It means the putting by the Chairman of outstanding question or questions relating to the business in hand on expiry of the time allotted for the discussion. Unlike closure, the guillotine to be applied is not preceded by any motion. The Chair forthwith puts the question without further debate. Maiden Speech The first speech of a member after his election for the first time. Such a member is, as a matter of courtesy, called upon by the Chairman to make his maiden speech in preference to others rising to speak at the same time. It is a recognized parliamentary convention that a member making a maiden speech is not interrupted by another member. Money Bill A Bill containing only provisions dealing with all or any of the matters specified in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution is a Money Bill. Such a Bill cannot be introduced in Lok Sabha except on the recommendation of the President and a Bill making such provisions cannot be introduced in Rajya Sabha. Naming a Member The drawing of attention of the House by the Chairman to the conduct of a member who disregards the authority of the Chair or abuses the Rules of the House by persistently and willfully obstructing the business thereof, with a view to action being taken to suspend him from the service of the House for a period not exceeding the remainder of the session. Ordinance A law made by the President in exercise of the powers vested in him by article 123 of the Constitution. Point of Order A point relating to the interpretation or enforcement of the Rules of Procedure or such articles of the Constitution as regulate the business of the House raised in the House and submitted for the decision of the Chair. A member may raise a point of order if the proceedings of the house do not follow the normal rules. The presiding officer decides whether the point of order raised by the member should be allowed. Prorogation The termination of a session of Rajya Sabha by an order made by the President under article 85(2)(a) of the Constitution. Question Hour The first hour of a sitting of the House allotted for asking and answering of questions. The questions consist of starred (oral), unstarred (written) & short
  9. 9. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity9 notice question. Question of Privilege A question involving a breach of privilege either of a member or of the House or of a Committee thereof or contempt of the House. Parliamentary Privileges The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each House of Parliament and Committees of each House collectively, and by members of each House individually, without which they cannot discharge their functions, efficiently and effectively. The House has the power to punish any person who commits contempt of the House or a breach of any of its privileges. Lame Duck Session This session is held when a new Parliament has been elected but the old parliament meets for the last time before it is dissolved. The lame-ducks are the members of the parliament who have not got re-elected. Privilege Motion Any member either from Lok Sabha or Rajya Sabha can move a Privilege Motion notice against a person who he feels has caused breach of privilege either of his own person or that of the house in general. The member moving the notice has to seek prior permission of the Lok Sabha speaker or chairman of the Rajya Sabha as the case may be. Difference between the breach of privileges and contempt of the House When any of the privileges either of the members individually or of the House in its collective capacity are disregarded or attacked by any individual or authority, the offence is called a `breach of privilege'. Contempt of the House may be defined generally as "any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officers of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results. Whereas all breaches of privilege are contempts of the House whose privileges are violated, a person may be guilty of a contempt of the House even though he does not violate any of the privilege of the House, e.g. when he disobeys an order to attend a committee or publishes reflections on the character or conduct of a member in his capacity as a member. Quorum The minimum number of members required to be present at a sitting of the House or a Committee for valid transaction of its business. The quorum to constitute a sitting of the House is one-tenth of the total number of members of the House. Short Notice Question A question relating to a matter of urgent public importance asked with notice shorter than fifteen clear days. Starred Question Question to which a member wishes to have an oral answer on the floor of the House and which is distinguished by an asterisk. Unstarred Question A question which is not called for oral answer in the House. The written answer to such a question is deemed to have been laid on the Table. Adjournment, Prorogation & Dissolution of the House An adjournment terminates the sitting of the House which meets again at the time appointed for the next sitting. An adjournment also signifies brief break of the sitting of the House which re-assembles at the appointed time on the same day. Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Usually, prorogation
  10. 10. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity10 follows the adjournment of the sitting of the House sine die. Dissolution of the House means the end of the life of the Lok Sabha either by an order made by the President under article 85 (2) (b) of the Constitution or on the expiration of the period of five years from the date appointed for its first meeting. Departmentally Related Standing Committee These Committees, as their name suggests, consider and report on the working/demands for grants of the Ministries/Departments assigned to them. Substantive, Substitute & Subsidiary Motion Motions may be classified into three broad categories namely substantive, substitute and subsidiary. A substantive motion is a self-contained independent proposal made in reference to a subject which the mover wishes to bring forward e.g., all Resolutions are substantive motions. Substitute Motion as its name suggests is moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter. Subsidiary Motion is a motion which depends upon or relates to another motion or follows upon some proceedings in the House. By itself it has no meaning and is not capable of stating the decision of the House without reference to the original motion or proceedings of the House. Adjournment Motion Adjournment Motion is the procedure for adjournment of the business of the House for the purpose of discussing a definite matter of urgent public importance, which can be moved with the consent of the Speaker. The Adjournment Motion, if admitted, leads to setting aside of the normal business of the House for discussing the matter mentioned in the motion. Only if 50 members support it & speaker grants permission. Subordinate Legislation "Rules, regulations, orders, schemes, bye-laws, etc. having the force of law, framed by the Executive or other subordinate authority in pursuance of the power conferred on it by the Constitution or delegated to it by an Act of Parliament. Zero Hour The time immediately following the Question Hour and laying of papers and before any listed business is taken up in the House has come to be popularly known as `zero hour'. As it starts around 12 noon, this period is euphemistically termed as `zero hour'. For raising matters during the so-called zero hour in Lok Sabha, members give notice before 10 a.m. everyday to the Speaker stating clearly the subject which they consider to be important and wish to raise in the House. It is, of course, for the Speaker to allow or not allow raising of such matters in the House. The term `zero hour' is not formally recognised in parliamentary procedures. Calling Attention Notice A member with prior attention of the speaker may call the attention of a minister to a matter of urgent public importance. the Minister may make a brief statement or ask for time to make a statement at a later hour or date. There can be no debate on such a statement at the time it is made. The Calling Attention procedure is an Indian innovation. It combines asking a question with
  11. 11. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity11 supplementaries and making brief comments. In this procedure, Government gets adequate opportunity to state its case. The calling attention matter is not subject to the vote of the House. Short Duration Discussions Private members can also bring matters of urgent public importance to the notice of the House. The notice must be signed by at least 3 members Cut Motion Cut Motions to Demands for Grants.—Members may give notice of Cut Motions for the reduction of the votable heads of expenditure of the Demands for Grants immediately after the Finance Minister or the Railway Minister as the case may be, has presented the Budget in the House. Cut Motions are divided into following three categories:— (i) Disapproval of Policy cut i.e., a motion "that the amount of the demand be reduced to Re. 1" representing disapproval of policy underlying the Demand. A member giving notice of such a Cut Motion should indicate in precise terms, the particulars of the policy which he proposes to discuss. If the Cut Motion is admitted, the member should confine the discussion to the specific point or points mentioned in the notice and it is open to the member to advocate an alternative Policy; (ii) Economy cut i.e., a motion "that the amount of the Demand be reduced by a specific amount" representing the economy that can be effected. Such specified amount may either be a lump sum reduction in the Demand or reduction of an item in the Demand. The member giving notice of such a cut motion should indicate briefly and precisely the particular matter on which discussion is sought to be raised and if the notice is admitted speeches should be confined to the discussion as to how economy can be effected; and (iii) Token cut i.e., a motion "that the amount of the Demand be reduced by Rs. 100" in order to ventilate a specific grievance, which is within the sphere of responsibility of the Government of India. The discussion on such a cut motion, if admitted, should be confined to the particular grievance specified in the motion. Censure Motion A motion which seeks to censure the government for its lapse. At least 50 members support it & speaker should admit it. If the motion is passed in the Lok Sabha, the council of ministers have to resign. No Confidence Motion A motion moved by a member who expresses lack of confidence in the government for any reason. The motion, if allowed is debated upon. At the conclusion of such debate, a vote of confidence is sought by the government & if it fails to get the required majority of vote, it has to resign. No Day Yet Named Motion The term 'Motion' in its wider sense means any proposal submitted to the House for obtaining its decision. Any matter of general public interest can be the subject matter of a motion. If the Speaker admits notice of a motion and no date is fixed for the discussion on such a motion, it is immediately notified in the Bulletin Part II under the heading `No-Day-Yet-Named Motion'. The date and time is allotted for discussion on such motions by the Speaker, in consultation with the Leader of the House after taking into consideration the state of business before the House. By Elections To fill up the seat rendered vacant due to death.
  12. 12. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity12 Resolution & Its Types A Resolution is the formal expression of opinion by the House. It may be in the form of a declaration of opinion, or a recommendation Resolutions may be categorized as: Private Members' Resolutions, Government Resolutions and Statutory Resolutions. The Private Members Resolutions are moved by a member (not a Minister); the Government Resolutions are moved by Ministers; and the Statutory Resolutions are moved in pursuance of a provision contained in the Constitution or an Act of Parliament. Various Bodies National Integration Council The then Prime Minister, Shri Jawaharlal Nehru, convened National Integration Conference in September-October, 1961 to find ways and means to combat the evils of communalism, casteism, regionalism, linguism and narrow-mindedness, and to formulate definite conclusions in order to give a lead to the country. This Conference decided to set up a National Integration Council (NIC) to review all matters pertaining to national integration and to make recommendations thereon. The NIC was constituted accordingly and held its first meeting in 1962. The UPA Government in Feb 2005 reconstituted the National Integration Council (NIC) under the chairmanship of the Prime Minister, Manmohan Singh. The 103- member NIC was constituted after a gap of 12 years having held its last meeting in 1992. Besides Union Ministers, Chief Ministers and political leaders, the NIC will have representation from various categories such as national commissions, media persons, business, eminent public figures and women. The NIC will function as a forum for effective initiative and interaction on issues of national concern, review issues relating to national integration and make recommendations, according to an official release here. State Finance Commission Article 243 I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to A. The principles which should govern 1. The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds; 2. The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats; 3. The grants-in-aid to the Panchayats from the Consolidated Fund of the State; B. The measures needed to improve the financial position of the Panchayats;
  13. 13. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity13 C. Any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. Article 243Y of the Constitution further provides that the Finance Commission constituted under Article 243 I shall make similar recommendation vis-a-vis municipalities. The Governor is required to cause every recommendation made by the State Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State. Law Commission of India First Law Commission of Independent India was established in 1955. Since then eighteen more Law Commissions have been appointed, each with a three-year term and with different terms of reference. The Eighteenth Law Commission was constituted through a Government order with effect from September 1, 2006. It will have a three-year term ending August 31, 2009. It is headed by Dr. Justice A R Lakshmanan, Former Judge Supreme Court of India & there are two other members. Uniform Civil Code Article 44 Shah Bano Case: The Supreme Court first directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him. The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. The Court also held that Article 44 of the Constitution has remained a dead letter. After this decision, nationwide discussions, meetings, and agitation were held. The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure. The explanation given for implementing this Act was that the Supreme Court had merely made an observation for enacting the UCC, not binding on the government or the Parliament and that there should be no interference with the personal laws unless the demand comes from within. Sarla Mudgal Vs Union of India: The second instance in which the Supreme Court again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India. In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnise second marriage The Court held that a Hindu marriage solemnised under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955. Conversion to Islam and Marrying again would not, by itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnised after converting to Islam would be an offence under Section 494 of
  14. 14. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity14 the Indian Penal Code. Conclusion: The section of the nation against the implementation of UCC contends that in ideal times, in an ideal State, a UCC would be an ideal safeguard of citizens’ rights. But India has moved much further from ideal than when the Constitution was written 50 years ago. But to conclude, I would like to say that citizens belonging to different religions and denominations follow different property and matrimonial laws which is not only an affront to the nation’s unity, but also makes one wonder whether we are a sovereign secular republic or a loose confederation of feudal states, where people live at the whims and fancies of mullahs, bishops and pundits. Emergency Provisions of the Constitution National Emergency: The proclamation of emergency should be approved by both houses within one month of the date of issue & passed by 2/3rd majority otherwise ceases to operate in one month. Once it has been approved it remains in force for a period of 6 months. The life of Lok Sabha can be extended upto one year at a time & up to the period not exceeding beyond six months after the proclamation ceases to operate. Fundamental rights except guaranteed in article 20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78. However according to 44th amendment, national emergency cannot be declared on grounds of internal disturbances. Emergency due to constitutional failure in state: Ceases to be in operation after the expiry of two months unless approved by each house. After approval valid for 6 months. It can be extended by parliament for a further period of 6 months. To extend further election commission should certify & still maximum period is 3 years. Declared more than 100 times, first time in Punjab. The court can strike down emergency if found unconstitutional & revive the dissolved state assembly. Financial Emergency: Remains in force for a period of 2 months unless approved. After approval 6 months. The maximum period is 3 years. President can reduce salary of judges of all courts & ask all money bills passed by state legislature to be reserved. Separation of Powers At both the Center and in the States, the powers of government are divided between the Executive, the Legislature and the Judiciary. At the Center, the Executive comprises the President, Vice-President and the Council of Ministers, headed by the Prime Minister. The Union Legislature (Parliament) has two houses - the Lok Sabha (the lower house, elected by the people of India from individual, simple majority constituencies) and the Rajya Sabha (the upper house, elected by the State Legislatures who in turn are directly elected by the people on the same lines as the Lok Sabha). The Judiciary is vested in the Supreme Court of India Basic Structure of The "Basic Structure" doctrine is the judge-made doctrine whereby certain
  15. 15. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity15 Constitution features of the Constitution of India are beyond the limit of the powers of amendment of the Parliament of India. The doctrine which was first expresed in Kesavananda Bharati vs. The State of Kerala reflects judicial concern at the perceived threat to the liberal constitutional order posed by the Indian National Congress, in particular under Indira Gandhi. The Basic Structure doctrine applies only to the constitutionality of amendments and not to ordinary Acts of Parliament, which must conform to the entirety of the constitution and not just its basic structure. On April 24, 1973, the Supreme Court ruled in Kesavananda Bharati v State of Kerala that although the 25th Amendment of 1971 was constitutional, the court still reserved for itself the discretion to reject any constitutional amendments passed by Parliament by declaring that the amendments cannot change the constitution's "basic structure". The 42nd .amendment carried out by the Government in 1976 gave asserted that parliament had unlimited powers to amend the constitution & tried to accord precedence to Directive principles over fundamental rights. But in the Minerva Mills Ltd Vs Union of India Case, 1980 the Supreme court struck down those provisions What constitutes Basic Structure of Constitution? Chief Justice Sikri, writing for the majority, indicated that the Basic Structure was: · The supremacy of the Constitution; · A Republican and democratic form of government; · The secular character of the Constitution; · Maintenance of the separation of powers; · The federal character of the Constitution. Justices Shelat and Grover added three features to the Chief Justice's list: · The mandate to build a welfare state contained in the Directive Principles of State Policy; · Maintenance of the unity and integrity of India; · The sovereignty of the country. Justices Hegde and Mukherjea instead provided, in their opinion, a separate and shorter list: · The Sovereignty of India; · The democratic character of the polity; · The unity of the country; · Essential features of individual freedoms;
  16. 16. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity16 · The mandate to build a welfare state. Justice Jaganmohan Reddy preferred to look at the Preamble; stating that the basic features of the Constitution were laid out by that part of the document, and thus could be represented by: · A sovereign democratic republic; · The provision of social, economic and political justice; · Liberty of thought, expression, belief, faith and worship; · Equality of status and opportunity. Legislative relationship between Lok Sabha and Rajya Sabha In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha, except in the case of Money Bills where the latter has overriding powers. Such Bills cannot be introduced in Rajya Sabha and are deemed to have been passed if these are not returned to Lok Sabha within fourteen days. In the case of Bills, a disagreement between the two Houses may arise when a Bill passed by one House is rejected by the other House; or the Houses have finally disagreed as to the amendments to be made in the Bill; or more than six months lapse from the date of the reception of the Bill by the other House without the Bill being passed by it. A joint sitting of the Houses is convened for this purpose. In the case of Money Bills, there is no question of a deadlock as the Rajya Sabha has a limited say in such matters. There is no provision for a joint sitting in case of a deadlock over a Constitution Amendment Bill. It cannot be passed if other House does not pass it. Only in case of non-money bills joint provision of joint sitting is available.
  17. 17. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity17 Parts of the Constitution Part Articles Areas I 1-4 The Union & its Territories II 5-11 Citizenship III 12-35 Fundamental Rights IV 36-51 Directive Principles of State Policy IV A 51A Fundamental Duties (42nd Amendment) V 52-151 The Union Government VI 152-237 The State Government VII 238 Dealt with states in Part B of the First Schedule. Repealed in 1956 by the Seventh Amendment. VIII 239-241 Union Territories. Article 242 repealed. IX 243 A-O The Panchayats IX-A 243 P-ZG The Muncipalities X 244-244 A The Scheduled & Tribal Areas XI 245-263 Relations between the Union & the States XII 264-300A Finance, Property, Contracts & Suits XIII 301-307 Trade, Commerce & Intercouse within the territory of India XIV 308-323 Services under the Union & the States XIV A 323A-323B Administrative Tribunals (42nd Amendment 1976) XV 324-329 Elections XVI 330-342 Special Provisions (Reservations of SC, ST, Anglo Indian etc) XVII 343-351 Official Language XVIII 352-360 Emergency Provisions XIX 361-367 Miscellaneous Provisions (Immunity of President, Legislature etc) XX 368 Amendment of the Constitution XXI 369-392 Temporary, Transitional & Special Provision XXII 393-395 Short Title, Commencement, Authoritative Schedules of the Constitution Schedule I Deals with territories of the 28 states & 7 union territories Schedule II Salaries allowances of president, V.P, Speaker, Judges, CAG etc. Schedule III Various forms of Oaths & affirmation which various incumbents have to take. Schedule IV Seats allotted to various states & UTs in the Rajya Sabha (Council of States) Schedule V Administration & Control of scheduled areas.
  18. 18. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity18 Schedule VI Administration of tribal areas in Assam, Meghalaya & Mizoram Schedule VII Subjects in the three lists – Union, State & Concurrent Schedule VIII List of 22 regional languages Schedule IX Certain acts & regulations dealing with land reforms & zamidari system abolition. (Added by I constitutional amendment). Schedule X Disqualifications on grounds of defection. (52nd Amendment) Schedule XI 29 subjects on which panchayats can legislate. (73rd Amendment) Schedule XII 18 subjects on which municipalities have control. (74th Amendment) Indian Constitution Borrowed Features 1. British Constitution Parliamentary form of Government, Rule of Law, Law making procedure, Single Citizenship; Institution of Speaker, doctrine of pleasure tenure of civil servants. 2. American Constitution Judicial System, Fundamental Rights, President as Executive Head, Public Interest Litigation (PIL), Preamble 3. Canadian Constitution Federal System with a strong central authority; Residual powers, Centre State Relation. 4. Irish Constitution Directive Principles, Election of the President of India, Nomination of Rajya Sabha members by President. 5. Australian Constitution Concurrent list; Freedom of Trade & Service within country 6. Weimar Constitution Emergency Provision 7. Soviet Constitution Five Year Plans; Fundamental duties 8. Govt of India Act 1935 Office of the governor, powers of the federal jury. 9. South African Amendment of Constitution, Election of members of Rajya Sabha 10. French Constitution Republic 11. Japanese Constitution Fundamental Duties. Important Cases of the Constitution 1. Berubari Case Preamble not a part of the constitution 2. Golaknath Case 1967 Supreme court held that the Parliament had no power to amend any of the provisions of Part III (Fundamental rights) The Indira Gandhi government in 1971 carried out the 24th Amendment with a view to assert the right of the parliament to amend any part of the constitution. 3. Keshvanada Bharti Case Preamble was a part of the constitution & can be amended by Parliament under Article 368. Parliament can also amend the fundamental rights (Against Golaknath case) but ruled that the parliament cannot destroy the basic structure of the constitution. 4. Minerval Mills Case 1980 The 42nd .amendment carried out in 1976 gave asserted that parliament had unlimited powers to amend the constitution & tried to accord precedence to Directive principles over fundamental rights. But in the Minerva Mills
  19. 19. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity19 Case the Supreme court struck down those provisions 5. Maneka Gandhi Vs Union of India Right to live is not merely confined to physical existence but includes within its ambit the right to live with human dignity Preamble We, the people of India, having solemnly resolved to constitute India into a Sovereign socialist secular democratic republic and to secure to all its citizens : Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution. * Italicized word added by 42nd amendment Various Political/Non Political Offices of India President Name proposed by 50 electors & security deposit of Rs 15000. Disputes in connection with the election of President are decided by Supreme Court. Oath by Chief justice of India. MLAs & members of both house of the parliament vote in the election. The president submits his resignation to the Vice President. Impeachment can be initiated by either house of parliament (2/3 majority). Nominated members can also participate but they do not participate in the election of president. MLAs do not participate in impeachment. In case the office becomes vacant fresh elections within 6 months. The president enjoys suspensive veto powers & it applies only to the non money bills. With regards to constitutional amendments president has no veto powers. President can promulgate ordinances when the parliament is in recess only on matters in the union & concurrent list. The ordinances must be approved by parliament within 6 weeks. All money bills originate on the recommendation of the President. Appoints finance commission. If there is no party with clear cut majority the president can use his discretion. He cannot declare any emergency on his own. Can summon both houses separately. Vice President Name seconded by at least 25 members & security deposit of 15,000. More than 35 years of age. Elected by the members of Lok Sabha & Rajya Sabha at a joint meeting. Oath before the president or some other person appointed by him. Can act as president for a maximum 6 months period. Not a member of Rajya sabha only an ex- officio chairman. Removed by simple majority of Rajya Sabha & approved by Lok Sabha. Only Rajya Sabha can initiate removal process. Prime Minister Gets the same salary & allowances as MPs but additional sumptuary allowance of 3000 per month. If the prime minister is taken from Rajya Sabha he cannot part in voting when a vote of no confidence is under consideration. In the event of his death the council of ministers stand automatically dissolved. Deputy PM Position not known to the constitution although 7 persons have occupies this post.
  20. 20. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity20 Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi Lal & L. K. Advani have served the office. Council of Ministers Should be a member of either house or do so within 6 months. Vote of no confidence against any minister leads to resignation of entire council. The cabinet, state & deputy ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the budget before the parliament. Collectively responsible to parliament but individual ministers responsible to President. Lok Sabha Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian community in 1976. Minimum 25 years of age. The security deposit has been increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs 250 to Rs 5000. 10 electors should propose. No candidate can contest elections from more than 2 constituencies. Oath before president or some person appointed by him. Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60 days without intimation. The speaker continues in the house even after the dissolution of the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly salary of Rs 12000 & pension of 3000 which increases according to the number of years served. The joint session is called if a bill passed is rejected by other house or no action is taken. Speaker presides over joint sessions. Rajya Sabha 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state legislative assemblies on the basis of proportional representation through a single transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok Sabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does not lapse. Supreme Court Judge 5 years as high court judge or 10 years as advocate. Hold office till the age of 65. Address their resignation to president. The salaries of chief justice & other judges are 33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two houses of the parliament. Original Jurisdiction (Centre-state & fundamental rights), Appellate jurisdiction (Only if high court certifies or the high court has awarded death sentence after reversing judgement or after withdrawing case from lower court & Advisory jurisdiction. Governor Oath before chief justice of high court of that state. 35 years of age. Draws 36000.Adresses first session of state legislature after elections. Appoint one sixth members of legislative council. Nominates one member of Anglo Indian community to the legislative assembly. Makes laws through ordinances. Can grant pardon but not in case of death sentence. Reserve a bill for president’s consideration. He is permitted to act without the advice of the council of ministers unlike president. Ordinance issued by him remains in force for a maximum 6 months. The constitution does not contain any provision for his impeachment. Advocate General Person who is qualified to be a judge of the high court. Remunerations as the governor may determine. Legislative Assembly 60 to 500 members according to population but Sikkim has only 32 members. 25 years of age. Goa, Mizoram, Pondicherry have only 30 members. Legislative Council Its members are elected by legislative assembly (1/3rd ) local bodies (1/3rd ), teachers (1/12th ), university graduates (1/12th ) & nominated by governor (1/6th ). The
  21. 21. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity21 maximum membership can be 1/3rd that of Legislative Assembly but in no case less than 40 members. 30 years of age. The legislative council can delay an ordinary bill for 3 months & a money bill for 14 days. There is no provision for joint sitting here. High Court To become a judge – advocate for 10 years or held judicial office in Indian Territory for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other judges 26000. The pension of the high court judges is charged to the Consolidated fund of India. Administrative Tribunals Incorporated by 42nd amendment through addition of articles 323A & 323B. CAT is located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision of CAT can be challenged in a high court. Inter State Council Created on the recommendations of the Sarkaria commission although constitution provided for it. Appointed by president. Advises on disputes between various states. Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of cabinet rank. Meets atleast 3 times a year. Zonal Council Set up under state reorganization act 1956. 5 before & 6th added in 1972 called NE council. Consists of Union minister nominated by president, CM of each state in the zone, two ministers from each state nominated by governor & one member per UT. Union Home Minister heads the zonal council. The Chief Ministers of the member states hold the post of Vice Chairman of the Council by rotation for 1 year. UPSC Chairman & 8 members. Members appointed for a 6 year term or till they attain 65 years of age. President can issue orders for the removal of the members of the UPSC only after supreme court makes such recommendation on the basis of an enquiry. Members not eligible for employment by the government after retirement. The state can restrict the fundamental rights of civil servants. Comptroller & Auditor General 6 years or till the age of 65 years. The president can remove CAG only after recommendation of the two houses of parliament. Salary of 30,000. He only conducts audit. Submits report to President who in turn places it before parliament. Attorney General Qualification same as judge of supreme court. Appears before supreme court & various high courts involving the Government of India. Election Commission Two commissioners with equivalent power. Period of 6 years. Job also includes delimitation of constituency to ensure same number of people in each. The election commission of India appoints the ‘Returning officers’ for the state assembly elections to help conduct fair elections. Election of local bodies comes under state election commission. The state election commission is a single member commission comprising SEC. Finance Commission (Art. 280) Qualified to be appointed as judges of the high court or special knowledge of finance & accounts of government. Comprises chairman & four other members. Functions:- recommend distribution of taxes between centre & states, grant-in-aid to states, advice president on any matter. Planning Commission Non-statutory body which formulates 5 year plans. The Commission works through its various divisions, of which there are three kind: General Planning Divisions, Special Planning Divisions, Programme Administration Divisions NDC Extra constitutional & extra legal body. Its recommendations are binding in nature as per convention
  22. 22. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity22 Minorities commission Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate minister the welfare of SC/ST/OBC. Panchayat Panchayat is responsible to gram sabha, the general body of villagers comprising all adults. Members usually range from 5 to 31. Members have same requirements as MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI schedule Panchayat Samiti Genearlly comprises of the sarpanches of village panchayats under the block. Its chairman called ‘Pradhan’ is elected from among its members. Responsible to gram panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram panchayat & Zilla Parishad Zila Parishad Consists of representatives of panchayat samiti, local members of state legislature, members of parliament, members representing SC/ST/Women/cooperative bodies. Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members. Depends entirely on state government for grants. Constitution of India (Upto Part IV) Part I The Union and its Territory Article 1 Name and territory of the Union Article 2 Admission or establishment of new States Article 2a [Repealed] Sikkim to be associated with the Union Article 3 Formation of new States and alteration of areas, boundaries or names of existing States Article 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedule and supplemental, incidental and consequential matters Part II Citizenship Article 5 Citizenship at the commencement of the Constitution Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan Article 7 Rights of citizenship of certain migrants to Pakistan
  23. 23. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity23 Article 8 Rights of citizenship of certain persons of Indian origin residing outside India Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens Article 10 Continuance of the rights of citizenship Article 11 Parliament to regulate the right of citizenship by law Part III Fundamental Rights Article 12 Definition Article 13 Laws inconsistent with or in derogation of the fundamental rights Article 14 Equality before law meaning ‘equality of treatment within a class’ Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 Equality of opportunity in matters of public employment 1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
  24. 24. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity24 Article 17 Abolition of Untouchability Article 18 Abolition of titles Article 19 Protection of certain rights regarding freedom of speech, etc. a. Freedom of Speech & Expression b. Assemble Peacefully & without arms c. To form Associations & Unions. d. To move freely throughout the territory of India e. To reside & settle in any part of the territory in India f. To practice any profession or to carry out an trade, occupation & business. Article 20 Protection in respect of conviction for offenses Article 21 Protection of life and personal liberty Article 21A Right to education. Article 22 Protection against arrest and detention in certain cases Article 23 Prohibition of traffic in human beings and forced labour Article 24 Prohibition of employment of children in factories, etc. Article 25 Freedom of conscience and free profession, practice and propagation of religion Article 26 Freedom to manage religious affairs Article 27 Freedom as to payment of taxes for promotion of any particular religion Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions Article 29 Protection of interests of minorities Article 30 Right of minorities to establish and administer educational institutions Article 31 [Repealed] Compulsory acquisition of property Article 31A Saving of laws providing for acquisition of estates, etc. Article 31B Validation of certain Acts and Regulations Article 31C Saving of laws giving effect to certain directive principles Article 31D [Repealed] Saving of laws in respect of anti-national activities Article 32 Remedies for enforcement of rights conferred by this Part Article 32A [Repealed] Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. Article 34 Restriction on rights conferred by this Part while marital law is in force in any area Article 35 Legislation to give effect to the provisions of this Part Part IV Directive Principles of State Policy Article 36 Definition Article 37 Application of the principles contained in this Part Article 38 State to secure a social order for the promotion of welfare of the people Article 39 Certain principles of policy to be followed by the State Article 39A A Equal justice and free legal aid Article 40 Organisation of village panchayats Article 41 Right to work, to education and to public assistance in certain cases Article 42 Provision for just and humane conditions of work and maternity relief Article 43 Living wage, etc., for workers
  25. 25. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity25 Article 43A Participation of workers in management of industries Article 44 Uniform civil code for the citizen Article 45 Provision for free and compulsory education for children Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health Article 48 Organisation of agriculture and animal husbandry Article 48A Protection and improvement of environment and safeguarding of forests and wild life Article 49 Protection of monuments and places and objects of national importance Article 50 Separation of judiciary from executive Article 51 Promotion of international peace and security Article 51A Fundamental Duties Art 39 (b) & (c) of Directive Principles have primacy over Fundamental Rights. Article 39 Certain principles of policy to be followed by the State The State shall, in particular, direct its policy towards securing - (a) that the citizen, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Scope of Article 331 Representation of the Anglo-Indian community in the House of the People Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.
  26. 26. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity26 Parliamentary Committees 1. Business Advisory Committee 15 members. Speaker is chairman 2. Committee on Private Members Bills & Resolutions 15 members. Deputy Chairman is chairman. Classifies bills according to importance. 3. Select Committees Constituted for considering different bills. 4. Committee on Petitions 15 members. 5. Rules Committee 15 members. Speaker is head. Rules of House 6. Committee on Privileges 15 members. Violation of Privileges of M.P 7. Committee on Subordinate Legislations 8. Committee on Welfare of Scheduled Castes & Scheduled Tribes 30 Members. 20 M.Ps & 10 R.S. 9. Committee on Government Assurances 15 members. How far assurances given by the ministers have been implemented 10. Committee on Absence of Members Examines leave applications of members 11. Estimates Committee 30 members all of which are from Lok Sabha. Examines Annual Estimates & suggests alternative policies. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are specifically referred to it by the House or the Speaker. 12. Public Accounts Committee 22 members. 15 M.Ps & 7 R.S. Assisted by Comptroller & Auditor general. It acts as a watch dog of expenditure. This committee is headed by the member of the opposition by convention. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe
  27. 27. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity27 criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results. 13. Committee on Public Undertakings 22 members. 10 M.Ps from Lok Sabha & 7 R.S. Examines working of public undertakings. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The functions of the Committee on Public Undertakings are—(a) to examine the reports and accounts of Public Undertakings; (b) to examine the reports, if any, of the Comptroller and Auditor General on the Public Undertakings; (c) to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and (d) such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day- to-day administration of the Undertakings. 14. Ethics Committee In 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000. The ethics committee of the Lok Sabha comprises 15 members. · The formation of the Ethics Committee in Rajya Sabha, as one of the instruments to ensure value based politics may, therefore, be seen a step in that direction. · Moral and ethical conduct of the Members · The Committee does not favour the idea of subjecting the Members to the disciplinary authority of an agency outside the jurisdiction of the House. · It is the considered view of the Committee that it should be made compulsory for the Members to declare their assets and liabilities and those of their immediate family which includes spouse, dependent daughters and dependent sons before the Committee 15. Joint Committee on Salaries & Allowances 15 members. 10 nominated by speaker & 5 by the chairman of Rajya Sabha. 16. Joint Committee on Offices of 15 members. 10 L.S & 5 R.S.
  28. 28. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity28 Profit 17. Parliamentary Subject Committees 17 parliamentary committees were constituted. 11 by Speaker & 6 by chairman of Rajya Sabha Lists Union List (99) Defence, Foreign affaris, currency, banking, communication, inter-state trade, commerce, atomic energy, railways, highways, aerodromes. [Originally 97 items – one deleted, 3 added] State List (61) Health, sanitation, public order, agriculture, prisons, local government, liquor, transportation, relief of disabled, sales tax & octroi, taxes on entertainment & wealth. [Originally 66 items out of which 5 transferred to concurrent list]. Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce, drugs, newspapers, books & printing press, social insurance, trade unions, preventive detention, stamp duties. [Originally 47 but 5 items transferred to this list from state list] Commissions/committees & their Purpose 1. S.K Dhar committee Reorganization of states on linguistic basis 2. JVP committee Jawahar, Vallabh, Pattabhi Sitaramayya (same as above) 3. Shah Commission Punjab Reorganization Act 4. Tarkunde Committee Electoral Reforms. Voting age to be reduced to 18 years (61st amendment). Voter councils to be formed. 5. Dinesh Goswami Committe Electoral Reforms. To save the security candidates should secure at least 1/4th of valid votes. 6. Balwant Rai Mehta Recommendations approved by NDC. Rajasthan first adopted 3 tier structure, followed by Andhra Pradesh & Bihar. 7. Ashok Mehta Committee Working of panchayati raj institutions. 8. L.M Singhvi Committee Panchayati Raj Reforms. 9. Rajamannar Commission Recommended abolition of IAS & the IPS Select Political Doctrines & Principles The Doctrine Of Colourability, Idea that when the legislature wants to do something that it cannot do within the constraints of the constitution, it colours the law with a substitute purpose which will still allow it to accomplish its original goal. Pith And Substance Interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is
  29. 29. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity29 challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. Doctrine of Severability Associated with declaration of law as unconstitutional & void by the courts. Principle of Harmonious Construction Concerned with the relationship between the fundamental rights & the directive principles. Topics to be covered from here State Election Commission The 73rd & 74th Amendment act provide for an EC for each state for holding elections to the panchayats & municipalities. A SEC consists of a single member called State Election Commissioner who is appointed by the governor. He is removed in manner, a judge of HC is removed.
  30. 30. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity30 Annexure - I Other Articles of the Constitution Part V The Union Chapter I The Executive – The President & the Vice President Article 52 The President of India Article 53 Executive power of the Union Article 54 Election of President Article 55 Manner of election of President Article 56 Term of office of President Article 57 Eligibility for re-election Article 58 Qualifications for election as President Article 59 Conditions of President's office Article 60 Oath or affirmation by the President Article 61 Procedure for impeachment of the President Article 62 Time of holding election to fill vacancy in the office of resident and the term of office or person elected to fill casual vacancy Article 63 The Vice-President Of India Article 64 The Vice-President to be ex-officio Chairman of the Council of States Article 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President Article 66 Election of Vice-President Article 67 Term of office of Vice-President Article 68 Time of holding election to fill vacancy in the office of Vice-President and the term
  31. 31. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity31 of office of person elected to fill casual vacancy Article 69 Oath or affirmation by the Vice-President Article 70 Discharge of President's functions in other contingencies Article 71 Matters relating to, or connected with, the election of a President or Vice-President Article 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases Article 73 Extent of executive power of the Union Council of Ministers Article 74 Council of Ministers to aid and advise President Article 75 Other provisions as to Ministers Attorney General of India Article 76 Attorney-General for India Conduct of Government Business Article 77 Conduct of business of the Government of India Article 78 Duties of Prime Minister as respects the furnishing of information to the President, etc. Chapter II Parliament Article 79 Constitution of Parliament Article 80 Composition of the Council of States - Article 81 Composition of the House of the People Article 82 Readjustment after each census Article 83 Duration of Houses of Parliament Article 84 Qualification for membership of Parliament Article 85 Sessions of Parliament, prorogation and dissolution Article 86 Right of President to address and send messages to Houses Article 87 Special address by the President Article 88 Rights of Ministers and Attorney-General as respects Houses Officers of the Paliament Article 89 The Chairman and Deputy Chairman of the Council of States Article 90 Vacation and resignation of, and removal from, the office of Deputy Chairman Article 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman Article 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration Article 93 The Speaker and Deputy Speaker of the House of the People Article 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker Article 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as Speaker Article 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration Article 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
  32. 32. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity32 Article 98 Secretariat of Parliament Conduct of Business Article 99 Oath or affirmation by members Article 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum Disqualification of Members Article 101 Vacation of seats Article 102 Disqualifications for membership Article 103 Decision on questions as to disqualifications of members Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified Powers, Privileges & Immunities of Parliament & its Members Article 105 Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof Article 106 Salaries and allowances of members Legislative Procedure Article 107 Provisions as to introduction and passing of Bills Article 108 Joint sitting of both Houses in certain cases Article 109 Special procedure in respect of Money Bills Article 110 Definition of "Money Bills" Article 111 Assent to Bills Procedure in Financial Matters Article 112 Annual financial statement Article 113 Procedure in Parliament with respect to estimates (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates. Article 114 Appropriation Bills Article 115 Supplementary, additional or excess grants Article 116 Votes on account, votes of credit and exceptional grants Article 117 Special provisions as to financial Bills Article 118 Rules of procedure Procedure Generally Article 119 Regulation by law of procedure in Parliament in relation to financial business Article 120 Language to be used in Parliament Article 121 Restriction on discussion in Parliament Article 122 Courts not inquire into proceedings of Parliament Chapter III Legislative Powers of the President Article 123 Power of President to promulgate Ordinances during recess of Parliament Chapter IV The Union Judiciary Article 124 Establishment and Constitution of Supreme Court Article 125 Salaries, etc., of Judges Article 126 Appointment of acting Chief Justice Article 127 Appointment of ad hoc Judges
  33. 33. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity33 Article 128 Attendance of retired Judges at sittings of the Supreme Court Article 129 Supreme Court to be a court of record Article 130 Seat of Supreme Court Article 131 Original jurisdiction of the Supreme Court Article 131A [Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws Article 132 Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases Article 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters Article 134 Appellate jurisdiction of Supreme Court in regard to criminal matters Article 134A Certificate for appeal to the Supreme Court Article 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court Article 136 Special leave to appeal by the Supreme Court Article 137 Review of judgements or orders by the Supreme Court Article 138 Enlargement of the jurisdiction of the Supreme Court Article 139 Conferment on the Supreme Court of powers to issue certain writs Article 139A Transfer of certain cases Article 140 Ancillary powers of Supreme Court Article 141 Law declared by Supreme Court to be binding on all courts Article 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. Article 143 Power of President to consult Supreme Court Article 144 Civil and judicial authorities to act in aid of the Supreme Court Article 144A [Repealed] Article 145 Rules of Court, etc. Article 146A Officers and servants and the expenses of the Supreme Court Article 147 Interpretation Chapter V Comptroller and Auditor-General of India Article 148 Comptroller and Auditor-General of India Article 149 Duties and powers of the Comptroller and Auditor-General Article 150 Form of accounts of the Union and of the States Article 151 Audit reports Part VI The States Chapter I General Article 152 Definition Chapter II The Executive – The Governor Article 153 Governors of States Article 154 Executive power of State Article 155 Appointment of Governor Article 156 Term of office of Governor Article 157 Qualifications for appointment as Governor Article 158 Conditions of Governor's office Article 159 Oath or affirmation by the Governor
  34. 34. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity34 Article 160 Discharge of the functions of the Governor in certain contingencies Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases Article 162 Extent of executive power of State Council of Ministers Article 163 Council of Ministers to aid and advise Governor Article 164 Other provisions as to Ministers Advocate General of the State Article 165 Advocate-General for the State Conduct of Government Business Article 166 Conduct of business of the Government of a State Article 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc. Chapter III The State Legislature Article 168 Constitution of Legislatures in States Article 169 Abolition or creation of Legislative Councils in States Article 170 Composition of the Legislative Assemblies Article 171 Composition of the Legislative Council Article 172 Duration of States Legislatures Article 173 Qualification for membership of the State Legislature Article 174 Sessions of the State Legislature, prorogation and dissolution Article 175 Right of Governor to address and send messages to the House or Houses Article 176 Special address by the Governor Article 177 Rights of Ministers and Advocate Officers of the State Legislature Article 178 The Speaker and Deputy Speaker of the Legislative Assembly Article 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker Article 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker Article 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration Article 182 The Chairman and Deputy Chairman of the Legislative Council Article 183 Vacation and resignation, of and removal from, the offices of Chairman and Deputy Chairman Article 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman Article 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman Article 187 Secretariat of State Legislature Article 188 Oath or affirmation by members Conduct of Business
  35. 35. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity35 Article 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum Article 190 Vacation of seats Disqualification of Members Article 191 Disqualification for membership Article 192 Decision on question as to disqualifications of members Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified Power, Privileges & Immunities of State Legislatures & their Members Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof Article 195 Salaries and allowances of members Legislative Procedure Article 196 Provisions as to introduction and passing of Bills Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills Article 198 Special procedure in respect of Money Bills Article 199 Definition of "Money Bills" Article 200 Assent to Bills Article 201 Bills reserved for consideration Procedure in Financial Matters Article 202 Annual financial statement Article 203 Procedure in Legislature with respect to estimates Article 204 Appropriation Bills Article 205 Supplementary, additional or excess grants Article 206 Votes on account, votes of credit and exceptional grants Article 207 Special provisions as to financial Bills Procedure Generally Article 208 Rules of procedure Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial business Article 210 Language to be used in the Legislature Article 211 Restriction on discussion in the Legislature Article 212 Courts not to inquire into proceedings of the Legislature Chapter IV Legislative Power of the Governor Article 213 Power of Governor to promulgate Ordinances during recess of Legislature Chapter V The High Courts in the States Article 214 High Courts for States Article 215 High Courts to be courts of record Article 216 Constitution of High Courts Article 217 Appointment and conditions of the office of a Judge of a High Court Article 218 Application of certain provisions relating to Supreme Court to High Courts Article 219 Oath or affirmation by Judges of High Courts Article 220 Restriction on practice after being a permanent Judge Article 221 Salaries, etc., of Judges
  36. 36. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity36 Article 222 Transfer of a Judge from one High Court to another Article 223 Appointment of acting Chief Justice Article 224 Appointment of additional and acting Judges Article 224A Appointment of retired Judges at sittings of High Courts Article 225 Jurisdiction of existing High Courts Article 226 Power of High Courts to issue certain writs Article 226A [Repealed] Constitutional validity of Central laws not to be considered in proceedings under article 226 Article 227 Power of superintendence over all courts by the High Court Article 228 Transfer of certain cases to High Court Article 228A [Repealed] Special provisions as to disposal of questions relating to constitutional validity of State laws Article 229 Officers and servants and the expenses of High Courts Article 230 Extension of jurisdiction of High Courts to Union territories Article 231 Establishment of a common High Court for two or more States Chapter VI Subordinate Courts Article 233 Appointment of district judges Article 233A Validation of appointments of, and judgments, etc. delivered by, certain district judges Article 234 Recruitment of persons other than district judges to the judicial service Article 235 Control over subordinate courts Article 236 Interpretation Article 237 Application of the provisions of this Chapter to certain class or classes of magistrates Part VII [Repealed] The States in Part B of the First Schedule Part VIII The Union Territories Article 239 Administration of Union territories Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union territories Article 239AA Special provisions with respect to Delhi Article 239AB Provision in case of failure of constitutional monarchy Article 239B Power of administrator to promulgate Ordinances during recess of Legislature Article 240 Power of President to make regulations for certain Union territories Article 241 High Courts for Union territories Article 242 [Repealed] Part IX The Panchayats Article 243 Definitions Article 243A Gram Sabha Article 243B Constitution of Panchayats Article 243C Composition of Panchayats Article 243D Reservation of seats Article 243E Duration of Panchayats, etc. Article 243F Disqualifications for membership Article 243G Powers, authority and responsibilities of Panchayats
  37. 37. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity37 Article 243H Powers to impose taxes by, and Funds of, the Panchayats Article 243I Constitution of Finance Commission to review financial position Article 243J Audit of accounts of Panchayats Article 243K Elections to the Panchayats Article 243L Application to Union territories Article 243M Part not to apply to certain areas Article 243N Continuance of existing laws and Panchayats Article 243O Bar to interference by courts in electoral matters Part IXA The Municipalities Article 243P Definitions Article 243Q Constitution of Municipalities Article 243R Composition of Municipalities Article 243S Constitution and composition of Wards Committees, etc. Article 243T Reservation of seats Article 243U Duration of Municipalities, etc. Article 243V Disqualifications for membership Article 243W Powers, authority and responsibilities of Municipalities etc. Article 243X Power to impose taxes by, and Funds of, the Municipalities Article 243Y Finance Commission Article 243Z Audit of accounts of Municipalities Article 243ZA Elections to the Municipalities Article 243ZB Application to Union territories Article 243ZC Part not to apply to certain areas Article 243ZD Committee for district planning Article 243ZE Committee for Metropolitan planning Article 243ZF Continuance of existing laws and Municipalities Article 243ZG Bar to interference by Courts in electoral matters Part X The Scheduled and Tribal Areas Article 244 Administration of Scheduled Areas and Tribal Areas Article 244A Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor Part XI Relations Between the Union and the States Chapter I Legislative Relations Article 245 Extent of laws made by Parliament and by the Legislatures of States Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States Article 247 Power of Parliament to provide for the establishment of certain additional courts Article 248 Residuary powers of legislation Article 249 Power of Parliament to legislate with respect to a matter in the State List in the National interest Article 250 Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of States
  38. 38. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity38 Article 252 Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State Article 253 Legislation for giving effect to international agreements Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures of States Article 255 Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only Chapter II Administrative Relations Article 256 Obligation of States and the Union Article 257 Control of the Union over States in certain cases Article 257A Assistance to States by deployment of armed forces or other forces of the Union Article 258 Power of the Union to confer powers, etc., on States in certain cases Article 258A Power of the States to entrust functions to the Union Article 259 [Repealed] Armed Forces in States in Part B of the First Schedule Article 260 Jurisdiction of the Union in relation to territories outside India Article 261 Public acts, records and judicial proceedings Disputes relating to Waters Article 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys Co-ordination between States Article 263 Provisions with respect to an inter-State Council Part XII Finance, Property, Contracts and Suits Chapter I Finance Article 264 Interpretation Article 265 Taxes not to be imposed save by authority of law Article 266 Consolidated Funds and public accounts of India and of the States Article 267 Contingency Fund Article 268 Duties levied by the Union but collected and appropriated by the States Article 269 Taxes levied and collected by the Union but assigned to the States Article 270 Taxes levied and collected by the Union and distributed between the Union and the States Article 271 Surcharge on certain duties and taxes for purposes of the Union Article 272 [Omitted] Article 273 Grants in lieu of export duty on jute and jute products Article 274 Prior recommendation of President require to Bills affecting taxation in which States are interested Article 275 Grants from the Union to certain States Article 276 Taxes on professions, trades, callings and employments Article 277 Savings Article 278 [Repealed] Agreement with States in Part B of the First Schedule with regard to certain financial matters Article 279 Calculation of "net proceeds", etc. Article 280 Finance Commission Article 281 Recommendations of the Finance Commission
  39. 39. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity39 Miscellaneous Financial Provisions Article 282 Expenditure defrayable by the Union or a State out of its revenues Article 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts Article 284 Custody of suitors' deposits and other moneys received by public servants and courts Article 285 Exemption of property of the Union from State taxation Article 286 Restriction as to imposition of tax on the sale or purchase of goods Article 287 Exemption from taxes on electricity Article 288 Exemption from taxation by States in respect of water or electricity in certain cases Article 289 Exemption of property and income of a State from Union taxation Article 290 Adjustment in respect of certain expenses and pensions Article 290A Annual payment to certain Devaswom Funds Article 291 [Repealed] Chapter II Borrowing Article 292 Borrowing by the Government of India Article 293 Borrowing by States Chapter III Property, Contacts, Rights, Liabilities, Obligations and Suits Article 294 Succession to property, assets, rights, liabilities and obligations in certain cases Article 295 Succession to property, assets, rights, liabilities and obligations in other cases Article 296 Property accruing by escheat or lapse or as Bona vacantia Article 297 Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union Article 298 Power to carry on trade, etc. Article 299 Contracts Article 300 Suits and proceedings Chapter IV Right to Property Article 300A Persons not to be deprived of property save by authority of law Part XIII Trade, Commerce and Intercourse Within the Territory of India Article 301 Freedom of trade, commerce and intercourse Article 302 Power of Parliament to impose restrictions on trade, commerce and intercourse Article 303 Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce Article 304 Restriction on trade, commerce and intercourse among States Article 305 Saving of existing laws and laws providing for State monopolies Article 306 [Repealed] Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304 Part XIV Services Under the Union and the States Chapter I Services Article 308 Interpretation Article 309 Recruitment and conditions of service of persons serving the Union or a State Article 310 Tenure of office of persons serving the Union or a State Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
  40. 40. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity40 Article 312 All-India services Article 312A Power of Parliament to vary or revoke conditions of service of officers of certain services Article 313 Transitional provisions Article 314 [Repealed] Chapter II Public Service Commissions Article 315 Public Service Commissions for the Union and for the States Article 316 Appointment and term of office of members Article 317 Removal and suspension of a member of a Public Service Commission Article 318 Power to make regulations as to conditions of service of members and staff of the Commission Article 319 Prohibition as to the holding of offices by members of Commission on ceasing to be such members Article 320 Functions of Public Service Commissions Article 321 Power to extend functions of Public Service Commissions Article 322 Expenses of Public Service Commissions Article 323 Reports of Public Service Commissions Part XIVA Tribunals Article 323A Administrative tribunals Article 323B Tribunals for other matters Part XV Elections Article 324 Superintendence, direction and control of elections to be vested in an election commission Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage Article 327 Power of Parliament to make provision with respect to elections to Legislatures Article 328 Power of Legislature of a State to make provision with respect to elections to such Legislature Article 329 Bar to interference by courts in electoral matters Article 329A [Repealed Part XVI Special Provisions Relating to Certain Classes Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People Article 331 Representation of the Anglo-Indian community in the House of the People Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States Article 334 Reservation of seats and special representation to cease after fifty years
  41. 41. Ghanshyam Thori Indian Polity Ghanshyam Thori Indian Polity41 Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts Article 336 Special provision for Anglo-Indian community in certain services Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indian community Article 338 National Commission for Scheduled Castes, Article 338A National Commission for Scheduled Tribes Article 339 Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes Article 340 Appointment of a Commission to investigate the conditions of backward classes Article 341 Scheduled Castes Article 342 Scheduled Tribes Part XVII Official Language Chapter I Language of the Union Article 343 Official language of the Union Article 344 Commission and Committee of Parliament on official language Chapter II Regional Languages Article 345 Official language or languages of a State Article 346 Official language for communication between one State and another or between a State and the Union Article 347 Special provision relating to language spoken by a section of the population of a State Chapter III Language of the Supreme Court, High Courts, etc. Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc. Article 349 Special procedure for enactment of certain laws relating to language Chapter IV Special Directives Article 350 Language to be used in representations for redress of grievances Article 350A Facilities for instruction in mother-tongue at primary stage Article 350B Special Officer for linguistic minorities Article 351 Directive for development of the Hindi language Part XVIII Emergency Provisions Article 352 Proclamation of National Emergency Article 353 Effect of Proclamation of Emergency Article 354 Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation Article 355 Duty of the Union to protect States against external aggression and internal disturbance Article 356 Provisions in case of failure of constitutional machinery in States Article 357 Exercise of legislative powers under Proclamation issued under article 356 Article 358 Suspension of provisions of article 19 during emergencies Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies Article 359A [Repealed] Application of this Part to the State of Punjab Article 360 Provisions as to financial emergency

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