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Dr.

Omkar Nath Sir

THE INDIAN CONSTITUTION (Hkkjrh; lafo/k


u)
 The Const itution was framed by the  The Constitution came into force on 26th
Constituent Assembly of India, set-up on January, 1950, known as Republic Day of
16th Mav 1946, in accordance with the India. The Constituent Assembly adopted our
Cabinet Mission Plan, under the National Flag on 22nd July. 1947. It was
Chairmanship of ^achidanand Sinha, designed by Pingali Venkayya.
initially. Dr Rajendra Prasad and HC
Muklierjee were elected as the President and PREAMBLE (izLrkouk)
Vice-President respectively on 11th
December 1946, BN Rau was appointed is the
 It is the preface or the introduction of the
Constitution. It is an integral part of the
Constitutional Advisor.
Constitution. The interpretation of the
 The total membership of the Constituent Constitution is based on the spirit of the
Assembly was 389 of these 292 were Preamble.
representatives of British States; 93 were  The Objective Resolution, was drafted and
representatives of Princely States and 4 were moved by Pandit Jawaharlal Nehru and
from the Chief Commissioners Provinces of adopted by the Constituent Assembly,
Delhi, Ajmer-Merwara, Coorg and British ultimately became the Preamble.
Baluchistan.  The idea of the Preamble was borrowed from
 The Chairman of the Drafting Committee the Constitution of USA.
was Dr BR Ambedkar. also known as the  The words, Socialist, Secular and Integrity
Father of the Indian Constitution. were added by the 42nd Constitutional
Amendment Act in 1976.
Other Fact
 The Constituent Assembly took 2 years, 11 The Preamble
months and 18 days to complete the
Constitution. "WE, THE PEOPLE OF INDIA, having
solemnly resolved to constitute India into
 Some of the provisions related to citizenship,
a SOVEREIGN, SOCIALIST, SECULAR,
elections, provisional Parliament etc were
DEMOCRATIC REPUBLIC and to secure to
given immediate effect.
all its citizens: JUSTICE, Social, Economic
 The Constitution, is adopted on 26th and Political LIBERTY of thought,
November, 1949, contained a Preamble 395 expression, belief, faith and worship;
Ar t icles div ided int o 22 Par t s and 8
Schedules. Presently, it has 465 Articles EQUALITY of status and of opportunity; and
divided into 25 Parts and 12 Schedules. to promote among them all FRATERNITY
assuring the dignity of the individual and
 The Constitution was delayed till 26th the unity and integrity of the Nation; IN
January because, in 1929, on this day OUR CONSTITUENT ASSEMBLY this
Indian National Congress demanded Poorna twenty-sixth day of November, 1949 do
Swaraj in Lahore Session, Chaired by JL HEREBY ADOPT, ENACT AND GIVE TO
Nehru. OURSELVES THIS CONSTITUTION.

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Dr. Omkar Nath Sir

Sources of the Indian Constitution Union and its Territories (Article 1-4)
( lafo/ku ds lzksr
) (l a?k o jkT; {k
s=k)
UK
• Rule of Law 1. The Constitution says,'"India, that is Bharat,
• Cabinet System shall be a Union of States".
• Prerogative Writs 2. Admission or establishment of new States.
• Parliamentary Government 3. The Constitution empowers the Parliament
• Bicameral Parliament to form new States and to alter the areas,
• CAG Office boundaries or names of existing States.
• Single Citizenship Jammu and Kashmir has been given special
• Law making procedures status under Article. 370.
USA
• Written Constitution Citizenship (Article 5-11)
• Vice-President as the Ex-officio
• Chairman of Upper House
( ukxfjdrk)
• Fundamental Rights The Citizenship Act of 1955 prescribe five
• Supreme Court ways to acquire citizenship of India
• Provision of States
1. By birth
• Independence of Judiciary and
2. By descent
• Judicial Review
• Preamble 3. By registration
USSR (Russia) 4. By naturalisation
• Fundamental Duties 5. By incorporation
• USSR Three modes of losing citizenship
Australia 1. Renunciation
• Concurrent List
2. Termination
• Joint sitting in the Preamble
3. Deprivation
Japan
• Procedure established by law
Fundamental Rights
Germany
• Suspension of Fundamental ( ewyvf/dkj)
• Rights during the Emergency
Rights to Equality (Article 14-18)
Canada
• Scheme of federation with a strong Centre • Equality before Law (Article ] 4).
• Distribution of powers between the Centre • Prohibition of discrimination on grounds of
and the States and placing Residuary Powers religion, race, caste, sex or place of birth.
with the Centre (Article 15")
Ireland • Equality of opportunity in matters of public
employment. (Article 16)
• Concept of Directive. Principles of State Policy.
• Abolition of untouchability (Article 17).
• Method of election of the President
South Africa • Abolition of titles. (Article 18)
• Procedure for amendment of Africa the Rights to Freedom (Article 19-22)
• Constitution and election of member of • Protection of certain rights regarding; Speech
and expression assembly association,
Rajya Sabha
movement, residence, and profession (Article 19)
France
• Protection in respect of conviction for
• Republic and the ideals of
offences. (Article 20)
• Liberty equality and fraternity in the
• Protection of life and personal liberty
Preamble.
(Article 21).

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Dr. Omkar Nath Sir

Right to Education (Article – 21) Directive Principles of State Policy


• Protection against arrest and detention in
certain cases (Article 22). (jkT; ds uhfr funs'kd rÙo)
Article 21A states that the state shall provide
free and compulsory education to all i hildren (Article 36-51)
of the age of 6-14 years. • Definition and application of the principles
Rights against Exploitation contained in this part.
• Prohibition of trafficking in human beings ;iud • To secure and protect a social order, which
forced labour (Article 23). Prohibition'of stands for the welfare of the people.
employment of children in imy factories, etc • Certain principles of policy to be followed by
(Article 24). the State.
• Rights to Freedom of Religion (Article 25- • To organise village Panchayats as units of
28) f r eedom of conscience and f r ee self- government.
profession, practice and propagation of ii • Right to work, to education and to public
ligion (Article 25). assistance in certain cases.
• Fr e ed o m t o m an a g e r e l i gi o u s a f f ai r s • To secure just and humane conditions of
(Article 26). work and maternity relief.
• Freedom as to payment of taxes for promotion • Living wage etc for workers, To promote
of any particular religion (Article 27). cottage industries.
• Freedom as to attendance at religious • Uniform Civil Code for the citizens.
instructions or religious worship in certain
educational institutions (Article 28). • Provision of early childhood care and
education to children below the age of 6
Cultural and Educational Rights (Article – years.
29, 30)
• To promote the educational and economic
• Protection of interest of minorities interests of the weaker sections of the
(Article 29). people, especially the Scheduled Castes and
• R i gh t o f m i n o r il k ' s t o e s t ab l i s h a n d Scheduled 'IYibes.
a d m in i s t e r e d u c a t i o n a l in s t i t u t i o n s • Improvement of public health and the
(Article 30). prohibition of intoxicating drinks and drugs.
• Organisation of agriculture and animal
Freedom of Press is implicit in the Article husbandry.
19, and Article 20. and 21 cannot be
• To protect all monuments of historic interest
suspended under Article 352 (National
and national importance.
Emergency).
• To bring about the separation of the judiciary
from the executive.
Right to Property under Article 19(1) (F)
was repealed by the 44th Amendment Act, • Promotion of international peace and
1978, and was made a legal right under security.
Article 300A.
Fundamental Duties

(ewy dÙkZO;)
Rights to Constitutional Remedies
• Right to move to the Supreme Court (Article
32) and the High Courts (Article 226) in case
of violation of the Fundamental Rights BR (Article 51A)
Ambedkar called Article 32 as the Heart and It was inserted by the 42nd Amendment Act
Soul of the Constitution. in 1976 on the recommendations of Swarn
• Article 32 (4) shall not be suspended except Singh Committee and it was taken from
according to t he provisions of the erstwhile Constitution of USSR.
Constitution. It shall be the duty of every citizen of India

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Dr. Omkar Nath Sir

(a) to abide by the Constitution and respect its • Election Indirectly elected through Electroal
ideals and institutions, the National Flag and College consisting of elected members of both
the National struggle for freedom. the Houses of the Parliament and elected
(b) to cherish and follow the noble ideals which members of the Legislative Assemblies of the
inspired our national struggle for freedom. States.
(c) to uphold the sovereignty unity and integrity • According to the 70th Amendment Act 1992,
of India. the expression States that include the
National Capital Terriroty of Delhi and the
(d) to defend the country and render national
Union Territory of Puducherry. Members of
service, when called upon to do so.
the Legislative Councils have no right to vote
(e) to promote harmony and the spirit of common in the Presidential election.
brotherhood amongst all the people of India,
• Supreme Court decides all disputes regarding
transcending religious, linguistic and
President’s election.
regional or sectional diversities; to renounce
practices derogatory to the dignity of women. • Tenure The term is 5 years though there is
no upper limit on the number of times a
(f) to value and preserve the rich heritage of
person can become the President (Article 57).
our composite culture.
He can give resignation to the Vice-President
(g) to protect and improve the natural before the full-term.
environment including forests, lakes, rivers
• The salary of the President is Rs. 150000 per
and wildlife and to have compassion for living
month
creatures.
• In case, the office of the President falls
(h) to develop the scientific temper, humanism
vacant due to death, resignation or removal,
and the spirit of enquiry and reform.
the Vice- President acts as the President.
(i) to safeguard public property and to abjure
• If he is not available then Chief Justice of
violence.
India, if not then the senior most Judge of
(j) to strive towards excellence in all spheres of the Supreme Court shall act as the President
individual and collective activity, so that the of India.
nation constantly rises to higher levels of
The first and only President who died
endeavour and achievement.
in the office, was Dr Zakir Hussain. He was
The 86th Amendment Act, 2002 inserted also the President with the shortest tenure.
Article 51A (K), "each parent or guardian to
provide opportunities for education to his Powers of President (jk"Vªifr dh 'kfDr;k¡)
child or ward between the age of 6 and 14
years." • He is the formal head of the administration.
• The President shall have the power to
THE PRESIDENT appoint and remove high authorities like,

(jk"Vªifr)
the Prime Minister, other Ministers of the
Union, Judges. Governors of States and
• Executive Head of the State and the first appoints Chiefs of Army, Navy and Air Force.
citizen of India. • He nominates 12 members of the Rajva
• The 42nd Amendment of the Constitution has Sabha from persons of literature, art, science
made it obligatory on the part of the President and social work and 2 members in the Lok
to accept the advice of the Council of Sabha of the Anglo-Indian Community.
Minister. However, 44th Amendment Act • Declares wars and concludes peace, subject
amended the word ‘obligatory’ and added that to the approval of the Parliament.
‘President can sent the advice f or • President has the Veto power.
reconsideration’. • Under Article 72, the President has the
• Qualifications Must be a citizen of India; of power to grant pardons, reprieves, i cspites
35 years in age; eligible to be a member of or remission of punishment or to .iispend,
the Lok Sabha and must not hold any office remit or commute the sentence "I any
of profit. person convicted with death sentence.

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Dr. Omkar Nath Sir

COUNCIL OF MINISTERS (eaf=keaM


y)
• Under Article 123, President can promulgate
Ordinances, when the Parliament is not in
session.
• Article 74 of the Constitution states that
there shall be a Council of Ministers, with
Vetoes (ohVks ikWoj) the Prime Minister at it's head, to aid and
advise the President.
• Absolute Veto Withholding the assent to the
• It is composed of all Union Ministers— the
Bill.
Prime Minister , Cabinet Ministers,
• Qualified Veto Can be overridden by the Ministers of State and Deputy Ministers.
Legislature with a higher majority.
• The other Ministers shall be appointed by the
• Suspensive Veto Can be overridden by the President on the advice of the Prime Minister
Legislature with an ordinary majority. under Article 75(1).
• Pocket Veto Delay in giving assent to the • A Minister must be a member of either
Bill. The Veto Power has been exercised only House of Parliament or be elected within 6
twice (a) by Dr Rajendra Prasad and (b) by R. months of assuming office under Article
Ventaka raman. The above four the President 75(5).
of India is vested with three vetos absolute • The Council of Ministers is collectively
veto, suspensive veto and pocket veto There responsible to the Lok Sabha, that is, a vote
is no qualified veto in the case of Indian of no confidence even against a single
President. Minister means the entire Council must
resign [Article 75 (3)].
Emergency Powers (vkikrdkyhu 'kfDr;k¡)
• Ministers are also responsible for their
• To declare National Emergency. departments and can be removed from the
(Article 352) office by the President on the advice of the
• To impose President Rule in a State. (Article Prime Minister. This is essentially an
356 and 365) individual responsibility under Article 75 (2).
• To declare Financial Emergency. (Article
360) PRIME MINISTER (iz/kuea=kh)
• Justice M Hidyatullah was the first Chief • The Prime Minister is the head of the
Justice of India to be appointed as the Government and the head of the Council of
President (July 1969-August 1969). Ministers.
• The Prime Minister is appointed by the
VICE – PRESIDENT (mijk"Vªifr) President on the basis of his being the leader
of the majority party in the Lok Sabha.
• If no party gets an absolute majority in the
• Article 63 of the Constitution stipulates a Lok Sabha or a Prime Minister resigns or
Vice-President for India. dies, the President can use his own
• He is elected by bot h the Houses of discretion in the choice of the Pr ime
Parliament. Minister.
• The Vice-President is the Ex-officio • Article 78 stipulates that it is the duty of the
Chairman of the Council of States (Rajva Prime Minister (a) to communicate to the
Sabha) as mentioned in the Article 64. President all the decisions taken by the
• Present salary of the Vice-President is Rs Cabinet and (b) to furnish such information
125000 per month. relating to the administration of the Union
or any Legislation as the President may call
• The first Vice-President of India was Dr S for. The Prime Minister serves in the office
Radhakrishnan. for five years though he can be re-appointed.
• The first and only Vice-President who died • When the Lok Sabha is dissolved, He can
in the office, was Shri Krishna Kant (1997- continue In office upon the request of the
2002). President.

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Dr. Omkar Nath Sir

• If the Government is defeated in the Lok • The Rajya Sabha is a Permanent House and
Sabha, the Prime Minister and the entire is not subject to dissolution and members
cabinet must resign, however, if defeated In enjoy its a tenure of six years. However, one-
llu Kajya Sabha, resignation is not obligatory, third of the members retire every second
years (Article 83).
MAJOR FACTS
• It shares legislative powers with the Lok
• Jawaharlal Nehru was the first Prime Sabha, except in the case of Money Bill where
Minister and the longest serving so far. the Lok Sabha has overriding powers.
• The first and the 'only' acting Prime Minister
was Gulzarilal Nanda. LOK SABHA (yksdlHkk)
• Lal Bahadur Shastri was the first PM who (People's House)
died abroad, while in office at Takshent. • The Lok Sabha is the Lower House of the
Gulzarilal Nanda has acted twice as the Parliament and its first sitting took place on
Prime Minister. 13th May, 1952. The current Lok Sabha is
• Chaudhary Charan Singh was the only PM the 16th constituted Lok Sabha.
who did not face Parliament, while being in • Three Sessions of the Lok Sabha are held
office. every year, namely Budget Session (February
• The youngest Prime Minister was Rajeev to May); Monsoon Session (July to
Gandhi and the oldest Prime Minister was September); and Winter Session (November
Morarji Desai. to December).
• AB Vajpayee (May 1996-June 1396) • Members 530 from States, 20 from Union
government had the shortest tenure (13 days). territories and 2 nominated by the President,

(laln)
from the Anglo Indian Community.
PARLIAMENT • Election The representatives of the states
are directly elec ted by the people of the states
• Legislature of the Union is called the
(in the basis of adult suffrage. Qualifications
Parliament and consists of the Rajya Sabha
(Council of States), the Lok Sabha (House of for Members of the Parliament
the People) and the President (Article 79). Article 84 provides for the eligibility for
• The business of Parliament is transacted member ship of t he Par liament . The
either in Hindi or in English. However, the conditions are
Presiding Officers of the two Houses may (a) citizen of India;
permit any member to address the House in (b) at least 25 years of age for the Lok Sabha
his/her mother tongue too. and 30 years of age for the Rajya Sabha; and
RAJYA SABHA (jkT;lHkk) (c) possess such other qualifications as may be
prescribed by the Parliament.
(Council of States)
Bills It may be classified as Ordinary, Money,
• The Rajya Sabha is the Upper House of the
Financial and Constitutional Amendments.
Parliament and the first sitting of the Rajya
Sabha was held on 3rd April, 1952. • The Ordinary Bills can be introduced in
• The maximum permissible strength of the cither House of the Parliament, but Money
Rajya Sabha is 250. Of these 238 members Bill can be initiated only in the House of tlie
are elected indirectly from the States and People.
Union Territory and 12 are nominated by the • After a Money Bill has been passed by the
President for their expertise in art, literature Lok Sabha, it is sent to the Rajya Sabha for
science and social services (Article 80) deliberations. The Rajya Sabha is given 14
• Currently, the strength of the Rajya Sabha days to make recommendations, which can
is 245. Of these, 229 members are elected be accepted or not by the Lok Sabha.
from States and 4 members represent Union • Article 111 stipulates that a Money Bill
Territories and 12 members are nominated cannot be returned to the House by the
by the President. President for reconsideration.
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Dr. Omkar Nath Sir

Speaker of the Lok Sabha (yksdlHkkè;{k) other judges is Rs. 90000). Removal of
Judges Judges can be removed only on the
• As soon as a new Lok Sabha is constituted, grounds of proven misbehaviour or
the President appoints a Speaker pro-tem, incapacity. Judges can be removed only by a
who is generally the senior most member of resolution of both Houses of Parliament
the House. supported by a majority of total membership
• Speaker is the head of Lok Sabha. He/She of both the Houses and 2/3 of members
is elected from amongst the members of Lok present and voting. The first Judge against
Sabha. The Speaker of the Lok Sabha whom the proceedings were initiated was V
conducts the business in the House. A Ramaswami (1993) and the second one is
Deputy Speaker is also elected to officiate in Soumltra Sen (2011).
the absence of the Speaker.
Jurisdiction (Article 131) {ks=kkf/dkj
MAJOR FACTS The Supreme Court has original, appellate,
advisory and writ jurisdictions.
• GV Mavlankar was the first Speaker ol the
Lok Sabha (1352-1956). • Original Jurisdiction means that certain
tvpes of cases can originate with the Supreme
• MA Ayyangar was the first Deputy Speaker Court only. The Supreme Court has original
(1952-1956). jurisdiction in (a) disputes between the
• Dr Balram Jakhar was the longest serving centre and one or more States; (b) disputes
Speaker (1980-1989). between the Centre and any State(s) on one
• GMC Balyogi is the first Speaker to die in side and one or more States on the other
the office (1998-2002). side; (c) disputes between two or more States;
and (d) disputes regarding the enforcement
• Meira Kumar is the first woman speaker of of Fundamental Rights.
the Lok Sabha (2009 2013).
• Appellate Jurisdiction means that appeals
• Sumitra Mahajan (2014-Present) against judgements of lower courts can be
referred to it. The Supreme Court is the
SUPREME COURT (loksZPp U;k;ky
;) highest court of appeal in the country. Three
types of cases fall within its appellate
The Supreme Court of India was inaugurated jurisdiction, namely, constitutional cases,
on 28 January, 1950. Presently, the Supreme civil cases and criminal cases.
Court consists of 31 Judges in which 1 Chief
Justice and 30 other Justices. A small Bench, MAJOR FACTS
with two to three Justices, is called a Division
• The first Chief Justice of India was HJ Kania
Bench. A large Bench, with five or more Justices,
(1950-51).
is called a Constitutional Bench.
• The shortest tenure so far is of KN Singh
Tenure and Qualification
(25th November, 1991—12th December,
• Judges of the Supreme Court are appointed 1991).
by the President and retire at the age of 65.
• The longest tenur e, so f ar is of YV
• The qualifications are (a) must be a citizen Chandrachud (1978-85).
of India; (b) a Judge of a High Court for at
• The first woman Judge of the Supreme Court
least 5 years; (c) an advocate of a High Court
was Justice Fatima Beebi In 1987 and the
for at least 10 years should be a distinguished
second woman Justice was Gyan Sudha
jurist in the opinion of the President.
Mishra in 2010.
• It is clear that Const itution has not
• TS Thakur 43rd (Present) CJI.
prescribed a minimum age for appointment
as a judge of the Supreme Court.
• Advisory Jurisdiction refers to the process
Independence of Judges (Article 125) The
where the President seeks the court's advice
salaries and allowances of Judges are
on legal matters (Article 143) The Supreme
charged from the Consolidated Fund of India
Court is a court of record (Article 129).
(Present salary of the CJI is Rs. 00000 and of

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 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD
Dr. Omkar Nath Sir

• Under Article 139 (A) (inserted by the 44th •


The CAG can only be removed from office in
Amendment), the Supreme Court may manner similar to a Judge of the Supreme
transfer to itself, cases from one or more Court.
High Court if these questions involve a • The salary and benefits of the CAG cannot
significant question of law. be changed to his disadvantage during his
tenure.
TYPES OF WRITS • The CAG is not eligible for further
Writ Meaning Intended Purpose office under the Union or State
Habeas You may To release a person who Governments. The expenses of
Corpus have the has been detained the office of the CAG is charged
body unlawfully whether in to the Consolidated Fund of India.
prison or in private custody. Attorney General of India
Mandamus We To secure the • The Attorney General is the
Command performance of public highest law officer in the country
duties by lower court, appointed by the President under
tribunal or public authority. Article 76 of the Constitution.
Certiorari To be To quash the order
certified already passed by an • The first Attorney General of
inferior court, tribunal Independent India was MC
quasi judicial authory Setalvad (1950-1963). The 14th
Prohibition The act of To prohibit an inferior and Current Attorney General of
stopping court from continuing I ndia is Mukul Rohatgi.
something the proceedings in a • To be appointed as Attorney
particular case where it General, a candidate must be
has no iurisdiction to try) qualified to be appointed as a
Quo What is To restrain a person Judge of the Supreme Court.
Warranto your from holding a public • The Attor ney General can
authority office to which he is not participate in proceedings of the
entitled. Parliament without the Might to
Vote (Article 88).
COMPTROLLER AND AUDITOR
THE GOVERNOR (jkT;iky)
(fu;a=kd&egkys[kk ijh{kd) • The Governor is the Constitutional Head of
General (CAG) (Article 148-151) the State and the same Governor can act as
• The Compt roller and Auditor General Governor of more than one State Article 153).
appointed by the President under Artial 148 QUALIFICATIONS
of the Constitution. • Must be a citizen of India.
• The CAG audits all receipts expenditures of • Completed 35 years of age.
the Union and State Governments.
• Shouldn't be a member of either House of
• The CAG also acts as the external auditor
Parliament or State Legislature.
for the government-owned company.
• The CAG submits its reports to President (in • Must not hold any office of profit.
case of account s relatinf the Union • The Governor is appointed by the President
Government) or to the State Governors (for (Article 155) and Article 156 states that the
State Government Accounts). Governor holds office during the pleasure of
• The CAG is also the head of the Indian Audits the President.
and Accounts Service (IA & AS). The office of • Article 161 gives the Governor the power to
the CAG was established in 1860. giant pardons, reprieves, remission of
• The first CAG of India was V Narahari Rao punishment to persons convicted under the
(1948-1954). state law.

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Centres at:  MUKHERJEE NAGAR  MUNIRKA  UTTAM NAGAR  DILSHAD GARDEN  ROHINI  BADARPUR  JAIPUR  GURGAON  NOIDA
 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD
Dr. Omkar Nath Sir

• Article 163 talks of discretionary powers of


the Governor, winch is not even provided to
HIGH COURTS (mPp U;k;ky;)
the President. Moreover, the courts cannot (ARTICLE 214-232)
question his discretion. There are 24 High Courts in India. The
• Article 171 states that the Stales where Calcutta High Court, established in 1862, is the
Legislative Councils exists, the Governor can oldest High Court in India. The Bombay and
nominate some members from amongst those Madras High Courts were also established in the
distinguished in literature, science, art, same year. The newest High Courts are the
cooperative movement and social service. Tripura, Meghalaya and Manipur High Courts,
all were established in the year 2013.
• Article 213 empowers the Governor to issue
the ordinances during the recess of the State THE PANCHAYATS (iapk;rh jkTk)
Legislature.
• Introduced by the 73rd Amendment Act, 1992
STATES LEGISLATURE which envisaged a three tier system of local
government.
(jkT; fo/kueaMy) These are
1. Gram Panchayat at the village level
Article 163 Council of Ministers to aid and
2. Panchayat Sarniti at the block level
advise the Governor.
3. Zila Parishad at the district level
Article 165 An Advocate General for each of
• The Panchayat system exists in all states
the State.
exccpt Nagaland, Meghalaya and Mizoram. It
Article 169 Abolition or cr eation of
also exists In all Union Territories except Delhi.
Legislative Councils in States
• Panchayat system is provided for all states
(Currently, only seven states in India have
having a population more than 2 million.
Legislativ e Council: Bihar, Jammu and
Every Panchayat can continue for 5 years
Kashmir, Uttar Pradesh, Maharasht ra,
from the date of its first meeting.
Karnataka, Andhra Pradesh and Telangana).
THE MUNICIPALITIES (uxjikfydk)
Article 171 Composition of Legislative
Council Unlike the members of the Legislative
Assembly, the members of Legislative Council (Article 243 P-243 ZG)
are indirectly elected. The maximum strength • Introduced by the 74th Amendment Act,
of the Council is fixed at one-third of the total 1992 which envisages three types of urban
strength of assembly
and the minimum Committees to Study Panchayat System
strength is fixed at 40.
• 1/3 are elected by Name Established Recommendation
the members of local Balwantrai 1957 Establish local bodies, devolve power
bodies in the state Mehta and authority, basic unit of
like municipalities, decentralised government to be Block/
district boards, etc. Samiti. Conceptualised PRIs as 3-tier
• 1/12 are elected by system.
graduates of three KSanthanam 1963 Panchayats to have powers to levy tax
years standing and on land revenue etc, Panchayati Raj
residing. Finance Corporation to be set-up.
• 1/3 are elected by Ashok Mehta 1978 District to be a viable administrative
the members of unit for planning, PRIs as two-tier
Legislative Assembly system with Mandal Panchayat and
of the state. Zila Parishad.
• 1/12 are elected bv GVK Rao 1985 PRIs to be activated and supported,
teachers of three Block Development Office (BDO) to be
years, standing in central to rural development.
the state not lower LMSinghvi 1986 Local self-governments to be
in standard than constitutionally recognised, non-
secondary school. involvement of political parties.

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Centres at:  MUKHERJEE NAGAR  MUNIRKA  UTTAM NAGAR  DILSHAD GARDEN  ROHINI  BADARPUR  JAIPUR  GURGAON  NOIDA
 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD
Dr. Omkar Nath Sir

local bodies, namely. Nagai Panchayat, different States. Likewise, a political party
Municipal Council and Municipal shall be entitled to be recognised as a State
Corporation. party, if
• The first Municipal Corporation in India was (i) It secures at least 6% of the valid votes
introduced in Madras in 1688. I'lie Madras polled in the State at a general election,
Municipal Corporation is the first municipal either to the House of the People or to be
body in the whole commonwealth outside the Legislativ e Assembly of the State
UK. The Bombay and Calcutta Corporations concerned; and
were established in 1726. (ii) In addition, it wins at least two seats in the
• Municipal Corporations are established in Legislativ e Assembly of the State
dlies with population greater than 1 million. concerned.
• Nagar Panchayat administers urban areas or
li.iving population greater than 30000 and It wins at least 3% of the total number of
less than 100000. seats in the Legislative Assembly of the State
• Municipal Council administers an ui ban or at least three seats in the Assembly,
area of population 200000 or less. whichever is more. For elections of President
and Vice-President, election petitions can only
ELECTIONS (Article 324-329) be filed with the Supreme Court.
(pquko) UNION PUBLIC SERVICE COMMISSION
• Article 324 st ipulates that the
superintendence, direction and control of (la?k yksd lsok vk;ksx)
elections shall be vested in the Election
Commission. UPSC
• Article 325 provides for a single electoral roll • Constitution provides a Public Service
for every constituency. Also stipulates that Commission for the Union, a Public Service
no person shall be eligible or ineligible for Commission for each state or a Joint Public
inclusion in electoral rolls on the basis of Service Commission for a group of states.
race, religion, caste or sex. • The appointment is done by the President in
• Article 326 stipulates that elections shall case of the Union or Joint Commission and
be held on the basis of adult suffrage. Every by the Governor of the State in the case of a
person, who is a citizen of India and is not State Commission.
less than 18 years of age shall be eligible for • Age of retirement for a member of UPSC is
inclusion. 65 years and for a member of PSC of a State
or a Joint Commission is 62 years.
Political Parties (jktuSfrd ny) • Present Chairperson of UPSC is Deepak
Registration of the People Act, 1951 provides Gupta.
for registration of political parties with the Functions
election commission. A political party shall be • To conduct exams for appointment t services
eligible to be recognised as a National party if under the Union.
(i) It secures at least 6% of the valid votes • Maintains continuity in administration.
polled in any four or more states, at a
general election to the House of the People
ELECTION COMMISSION
or to the State Legislative Assembly; and
(ii) In addition, it wins at least four seats in the
(fuokZpu vk;ksx)
• The Election Commission is an autonomous,
House of the People from any State or States.
quasi-judiciary constitutional body. Its
or function is to conduct free and fair elections
(iii) It wins at least 2% seats in the House of in India.
the People (i.e. 11 seats in the existing • The Election Commission was establish on
House having 543 members) and these 25th January, 1950 under Article 324 the
members are elected from at least three Constitution.
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Centres at:  MUKHERJEE NAGAR  MUNIRKA  UTTAM NAGAR  DILSHAD GARDEN  ROHINI  BADARPUR  JAIPUR  GURGAON  NOIDA
 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD
Dr. Omkar Nath Sir

• The first Chief Election Commission was FINANCE COMMISSION


(foÙk vk;ksx)
Sukumar Sen and the present Chief Election
Commissioner is Dr. Nasim Zaidi.
Planning Commission (;kstuk vk;ksx) • Article 280 of the Constitution of India
• The Planning Commission was established provides for a Finance Commission as a
in March 1950 by an executive resolution of quasi-judicial body. It is constituted by the
the Government of India (i.e., Union Cabinet) President of India every fifth year.
on the recommendation of the Advisory • It consists of Chair man and 4 ot her
Planning Board constituted 1946 under the members.
Chairmanship of KC Neogi. Functions
• Now, the Planning Commission has been The Finance Commission is required to
replaced by NITI Aayog. make recommendation to the President of India
NITI Aayog (uhfr vk;ksx) in the following matters. The distribution of the
• NITI Aayog or National institution for net proceeds of taxes in to be shared between
transforming India Aayog is a policy think- tire centre and the states and the allocation
tank of Union Government of India that between the states, tin respective shares of such
replaces Planning Commisson of India and proceeds. The 14th Finance Commission was
aims to involve the states in economic policy- appointed on 2nd January, 2013 under the
making in India. It will be providing strategic Chairmanship of YV Reddy.
and technical advice the central and the Amendments of the Constitution (Article 368)
State Governments. Three methods for amendment of different
• Prime Minister of India heads the Aayog as provision of the Constitution are
its Chairperson. 1. Simple Majority in both the Houses of
Present Members Parliament.
The various members of NITI Aayog are 2. Articles requiring ratification of the one-half
• Chairperson : Prime Minister Narendra Modi. member of the concerned Legislat ive
• Vice-Chairperson : Arvind Panagariya. Assembly and passed by the t otal
• CEO : Sindhushree Khullar. membership of the each House of the
• Ex-officio members : Rajnath Singh, Arun Parliament and majority not less than 2/3 of
Jaitley, Suresh Prabhu and Radha Mohan the members present and voting in each
Singh. House.
• Special Invites : Nitin Godkari, Smriti Zubin 3. Prov isions requiring passing by total
Irani and Thawar Chand Gehlot. Full-time membership of the each House of the
members : Bibek Debray, VK Saraswat. Parliament and majority not less than two-
• Governing Council : All CMs and Lieutenant third of the members present and voting in
Governors of UTs. each House.
National Development Council (NDC) It has been held by the Supreme Court in
• Functions of the NDC is to review the the Keshavananda Bharati Case (1973) that
working of national plan. The NDC was every provision of the Constitution is amendable
formed in 1952, to associate the states in under the meaning of Article 368 except the
the formulation of the plans. basic features of the Constitution.
• The PM is the ex-officio chairman of NDC.
• It is an extra-constitutional and extra legal body.

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Centres at:  MUKHERJEE NAGAR  MUNIRKA  UTTAM NAGAR  DILSHAD GARDEN  ROHINI  BADARPUR  JAIPUR  GURGAON  NOIDA
 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD
Dr. Omkar Nath Sir

IMPORTANT PARLIAMENTARY TERMS Thirty Sixth Amendment, 1975 Made


Sikkim a State.
Quorum It is the minimum number of Forty Fourth Amendment 1978 The Right
members required to transact the business of to Property was deleted from Part III Article 352
the House. Article 100 of the Constitution was amended to provide 'Armed Rebellion as one
specifies that the Quorum of either House shall of the circumstances for declaration of
be 10% of the strength of the House. emergency.
Question Hour The first hour of every sitting Seventy Third Constitutional Amendment
of Parliament is called the Question Hour. Act, 1992 The institution of Panchayati Raj
Questions usually need a 10 day notice before receive constitutional guarantee, status and
being answered by the concerned minister. legitimacy. Xlth Schedule was added to deal with
Starred Questions To be answered orally on it. It also inserted Part IX. containing Articles,
the floor of the House. Supplementary questions 243, 243 A to 243 0.
can be asked. Eighty Ninth Amendment, 2003 The Act
Unstarred Questions To be answered in writing. adds Article 338 A and provides for the creation
No supplementary questions may be asked. of National Commission for Scheduled Tribes.
Zero Hour Does not formally exist in the Ninety First Amendment, 2003 Amended
Parliamentary procedure. The hour after the Anti-Defection Law and also made a provision
Question Hour is popularly known as Zero Hour. that the number of ministers in the Centre and
Members raise matters which they feel urgent. State Government, cannot be more than 15% of
Adjournment Motion Motion to adjourn the the strength of Lok Sabha and the respective
proceedings of the House, so as to take up a Vidhan Sabha.
matter of urgent public importance. It can be
Ninety Third Amendment, 2005 To reserve
moved by any member Requires support from at
seats for socially and educationally backward
least 50 members.
classes, besides thl Scheduled Castes and the
Calling Attention Motion A member may Scheduled Tribes, in privat e unaided
cali the attention of a Minister to an urgent institutions other than those run by minorities.
matter and the Minister may make a statement
Ninety Fifth Amendment, 2009 Extends the
regarding it.
reservation of seats for SC/STs in the Lok Sabha
No Confidence Motion A No Confidence
for another 10 years. In Article 334 of the
Motion indicates lack of confidence of the Lok
Constitution, for the words sixty years', the words
Sabha in the Council of Ministers. It can be
'seventy years'; was substituted.
introduced in the Lok Sabha only. If the Motion
is passed, the government must resign. Ninety Seventh Amendment, 2011
Amendment of Article 19(1)(i). Insertion of
Cut Motion A device through which ;
Article 43B, Insertion of PS IXB. This
members draw the attention of the government
amendment gives constitutional status to
to a specific grievance. It1 is used to seek
cooperatives.
reduction in the amount of a demand for grants
presented by the government. Ninety Eighth Amendment Act, 2011 (Insert
Article 371 J) To empower the Governor of
Karnataka to take steps to develop Hyderabad-
IMPORTANT CONSTITUTIONAL
Karnataka Region.
AMENDMENTS Ninety-Ninth Amendment Act, 2014 deals
First Amendment, 1951 Added Ninth with replacing the collegium system for the
Schedule appointments of the Judges of the Supreme
Seventh Amendment, 1956 Necessitated on Court and the 24 High Courts. But Supreme
account of reorganisation of States on a Court of India has declared this unconstitional
linguistic basis. and void.
Fifteenth Amendment, 1963 Age of One Hundredth Amendment Act, 2015 to
retirement of the Judges of High Court has been give effect to the acquriny of territories by India
extended from 60 to 65 years. and transfer of certain territories to Bangladesh
Twenty Sixth Amendment, 1971 Abolished in pursurance of the agreements and its
the titles and special privileges of former rulers protocol.
of princely states.
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 LAXMI NAGAR  GHAZIABAD  MEERUT  VARANASI  ROHTAK  PANIPAT  SONEPAT  PATNA  AGRA  CHANDIGARH  LUCKNOW  ALLAHABAD