6. Short Notes for Important Articles and Points; Miscellaneous Facts | RAS RPSC Prelims Preparation - Notes, Study Material & Tests - RPSC RAS (Rajasthan) PDF Download
Short Notes for Important Articles and Points
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 Repealed in 1956 by the |
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| Seventh Amendment. |
VIII | 239-241 | Union Territories. Article 242 repealed. |
IX | 243 A-O | The Panchayats |
IX-A | 243 P-ZG | The Municipalities |
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. |
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 first 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) |
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| Indian Constitution Borrowed Features |
1. | British Constitution | Parliamentary form of Government, Rule of Law, Law making |
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| procedure, Single Citizenship; Institution of Speaker, doctrine of |
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| Pleasure tenure of civil servants. |
2. | American Constitution | Judicial System, Fundamental Rights |
3. | Canadian Constitution | Federal System with a strong central authority; Residual powers, |
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| Centre State Relation. |
4. | Irish Constitution | Directive Principles, Election of the President of India |
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. |
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Important Cases of the Constitution |
1. | Berubari Case | Preamble not a part of the constitution |
2. | Golaknath Case | Supreme court held that the Parliament had no power to amend any of the |
| 1967 | provisions of Part III (Fundamental rights) The Indira Gandhi government |
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| in 1971 carried out the 24th Amendment with a view to assert the right of |
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| The parliament to amend any part of the constitution. |
3. | Keshvanada Bharti | Preamble was a part of the constitution & can be amended by Parliament |
| Case | Under Article 368. Parliament can also amend the fundamental rights |
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| (Against Golaknath case) but ruled that the parliament cannot destroy the |
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| Basic structure of the constitution. |
4. | Minerval Mills Case | The 42nd.amendment carried out in 1976 gave asserted that parliament had |
| 1980 | unlimited powers to amend the constitution & tried to accord precedence to |
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| Directive principles over fundamental rights. But in the Minerva Mills |
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| Case the Supreme court struck down those provisions |
5. | Maneka Gandhi Vs | Right to live is not merely confined to physical existence but includes |
| Union of India | 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.
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| Reorganization of States |
1. | 1956 Act | 14 States & 6 Union territories formed. |
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| States - Andhra Pradesh, Assam, Bihar, Bombay, J&K, Kerala, M.P., Madras, |
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| Mysore, Orissa, Punjab, Rajasthan, U.P & West Bengal. |
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| UTs – Andaman & Nicobar, Delhi, Himachal Pradesh, Laccadive, Minicoy & |
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| Amindivi Islands, Manipur & Tripura |
2. | 1960 | The states of Maharashtra & Gujarat created by bifurcating the state of Bombay. |
3. | 1963 | Nagaland formed |
4. | 1966 | Punjab & Haryana formed out of Punjab & hill areas merged with H.P (UT then). |
5. | 1969 | Meghalaya created out of Assam. |
6. | 1971 | Himachal Pradesh, Tripura & Manipur raised to the status of a state |
7. | 1975 | Sikkim admitted as a state. |
8. | 1986 | Mizoram & Arunachal Pradesh (UTs till then) given status of state |
9. | 1987 | Goa created by separating it from the UT of Daman & Diu. |
10. | 2000 | Chhattisgarh, Jharkhand & Uttaranchal |
| 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 sus pensive 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. |
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. |
| Vallabhbhai Patel, Morarji Desai, Charan Singh, Jajuan Ram, Y.B Chavan, Devi |
| Lal & L. K. Advani have served the office. |
Council of | Should be a member of either house or do so within 6 months. Vote of no confidence |
Ministers | against any minister leads to resignation of entire council. The cabinet, state & deputy |
| ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the |
| budget before the parliament. Collectively responsible to parliament but individual |
| ministers responsible to President. |
Lok Sabha | Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian |
| community in 1976. Minimum 25 years of age. The security deposit has been |
| increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs |
| 250 to Rs 5000. 10 electors should propose. No candidate can contest elections from |
| more than 2 constituencies. Oath before president or some person appointed by him. |
| Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60 |
| days without intimation. The speaker continues in the house even after the dissolution |
| of the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly |
| salary of Rs 12000 & pension of 3000 which increases according to the number of |
| years served. The joint session is called if a bill passed is rejected by other house or |
| no action is taken. Speaker presides over joint sessions. |
Rajya Sabha | 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state |
| legislative assemblies on the basis of proportional representation through a single |
| Transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok |
| Sabha, any bill pending in the Rajya Sabha but not passed by Lok Sabha does not |
| lapse. |
Supreme Court | 5 years as high court judge or 10 years as advocate. Hold office till the age of 65. |
Judge | Address their resignation to president. The salaries of chief justice & other judges are |
| 33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two houses |
| of the parliament. Original Jurisdiction (Centre-state & fundamental rights), |
| Appellate jurisdiction (Only if high court certifies or the high court has awarded |
| death sentence after reversing judgement or after withdrawing case from lower court |
| & Advisory jurisdiction. |
Governor | Oath before chief justice of high court of that state. 35 years of age. Draws |
| 36000. Addresses first session of state legislature after elections. Appoint one sixth |
| members of legislative council. Nominates one member of Anglo Indian community |
| to the legislative assembly. Makes laws through ordinances. Can grant pardon but not |
| in case of death sentence. Reserve a bill for president’s consideration. He is permitted |
| to act without the advice of the council of ministers unlike president. Ordinance |
| issued by him remains in force for a maximum 6 months. The constitution does not |
| contain any provision for his impeachment. |
Advocate | Person who is qualified to be a judge of the high court. Remunerations as the |
General | governor may determine. |
Legislative | 60 to 500 members according to population but Sikkim has only 32 members. 25 |
Assembly | years of age. Goa, Mizoram, Pondicherry have only 30 members. |
Legislative | Its members are elected by legislative assembly (1/3rd) local bodies (1/3rd), teachers |
Council | (1/12th), university graduates (1/12th) & nominated by governor (1/6th). The |
| maximum membership can be 1/3rd that of Legislative Assembly but in no case less |
| than 40 members. 30 years of age. The legislative council can delay an ordinary bill |
| for 3 months & a money bill for 14 days. There is no provision for joint sitting here. |
High Court | To become a judge – advocate for 10 years or held judicial office in Indian Territory |
| for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other |
| judges 26000. The pension of the high court judges is charged to the Consolidated |
| fund of India. |
Administrative | Incorporated by 42nd amendment through addition of articles 323A & 323B. CAT is |
Tribunals | located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision |
| of CAT can be challenged in a high court. |
Inter State | Created on the recommendations of the Sarkaria commission although constitution |
Council | provided for it. Appointed by president. Advises on disputes between various states. |
| Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of |
| cabinet rank. Meets at least 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. |
| The CM of the state where the zonal council meets is the ex-officio chairman. |
UPSC | Chairman & 8 members. Members appointed for a 6 year term or till they attain 65 |
| years of age. President can issue orders for the removal of the members of the UPSC |
| only after supreme court makes such recommendation on the basis of an enquiry. |
| Members not eligible for employment by the government after retirement. The state |
| can restrict the fundamental rights of civil servants. |
Comptroller & | 6 years or till the age of 65 years. The president can remove CAG only after |
Auditor | recommendation of the two houses of parliament. Salary of 30,000. He only conducts |
General | audit. Submits report to President who in turn places it before parliament. |
Attorney | Qualification same as judge of supreme court. Appears before supreme court & |
General | various high courts involving the Government of India. |
Election | Two commissioners with equivalent power. Period of 5 years. Job also includes |
Commission | delimitation of constituency to ensure same number of people in each. The election |
| commission of India appoints the ‘Returning officers’ for the state assembly elections |
| to help conduct fair elections. Election of local bodies comes under state election |
| commission. The state election commission is a single member commission |
| comprising SEC. |
Finance | Qualified to be appointed as judges of the high court or special knowledge of finance |
Commission | & accounts of government. Comprises chairman & four other members. Functions:- |
| recommend distribution of taxes between centre & states, grant-in-aid to states, |
| advice president on any matter. |
Planning | Non-statutory body which formulates 5 year plans. The Commission works through |
Commission | its various divisions, of which there are three kind: General Planning Divisions, |
| Special Planning Divisions, Programme Administration Divisions |
NDC | Extra constitutional & extra-legal body. Its recommendations are binding in nature as |
| per convention. |
Minorities | Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate |
commission | minister the welfare of SC/ST/OBC. |
NHRC | Statutory body. |
Panchayat | Panchayat is responsible to gram sabha, the general body of villagers comprising all |
| adults. Members usually range from 5 to 31. Members have same requirements as |
| MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI |
| schedule |
Panchayat | Genearlly comprises of the sarpanches of village panchayats under the block. Its |
Samiti | Chairman called ‘Pradhan’ is elected from among its members. Responsible to gram |
| panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram |
| panchayat & Zilla Parishad |
Zila Parishad | Consists of representatives of panchayat samiti, local members of state legislature, |
| members of parliament, members representing SC/ST/Women/cooperative bodies. |
| Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members. |
| Depends entirely on state government for grants. |
| Constitution of India (Up to 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 |
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 |
Article 16 | Equality of opportunity in matters of public employment |
Article 17 | Abolition of Untouchability |
Article 18 | Abolition of titles |
Article 19 | Protection of certain rights regarding freedom of speech, etc. |
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 |
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 |
Parliamentary Committees
1. | Business Advisory Committee | 15 members. Speaker is chairman |
2. | Committee on Private Members Bills & | 15 members. Deputy Chairman is chairman. |
| Resolutions | 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 |
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8. | Committee on Welfare of Scheduled Castes | 30 Members. 20 M.Ps & 10 R.S. |
| & Scheduled Tribes |
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9. | Committee on Government Assurances | 15 members. How far assurances given by the |
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| ministers have been implemented |
10. | Committee on Absence of Members | Examines leave applications of members |
11. | Estimates Committee | 30 members. Examines Annual Estimates & |
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| suggests alternative policies |
12. | Public Accounts Committee | 22 members. 15M.Ps & 7 R.S. Assisted by |
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| Comptroller & Auditor general. It acts as a watch |
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| dog of expenditure. |
13. | Committee on Public Undertakings | 15 members. 10 M.Ps & 5 R.S. Examines working |
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| of public undertakings |
14. | Joint Committee on Salaries & Allowances | 15 members. 10 nominated by speaker & 5 by the |
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| chairman of Rajya Sabha. |
15. | Joint Committee on Offices of Profit | 15 members. 10 L.S & 5 R.S. |
16. | Parliamentary Subject Committees | 17 parliamentary committees were constituted. 11 |
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| by Speaker & 6 by chairman of Rajya Sabha |
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| Parliamentary Terms |
1. | Question Hour | First hour of every sitting in the two houses of the parliament is devoted to |
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| asking & answering questions known as Question hour. The questions |
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| consist of starred (oral), unstarred (written) & short notice question. |
2. | Zero Hour | The hour after the question hour. There is no mention of zero hour in the |
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| rules of the parliamentary procedure & the term was coined by press in the |
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| early 1960’s. Members raise matters which cannot brook any delay. |
3. | Adjournment Motion | Moved to draw the attention to a recent matter of urgent public importance. |
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| Only if 50 members support it & speaker grants permission. |
4. | Calling Attention | A member with prior attention of the speaker may call the attention of a |
| Notice | minister to a matter of urgent public importance. |
5. | Short Duration | Private members can also bring matters of urgent public importance to the |
| Discussions | notice of the House. The notice must be signed by at least 3 members |
6. | Cut Motion | Motions to reduce the amount of demand for grants. They are of 3 types: |
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| Disapproval of policy cut, Economy cut, Token Cut. |
7. | Guillotine | When the discussion cannot be completed within stipulated time, the |
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| speaker can put the matter to vote even without concluding discussion. |
8. | Censure Motion | At least 50 members support it & speaker should admit it. If the motion is |
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| passed in the Lok Sabha, the council of ministers have to resign. |
9. | By Elections | To fill up the seat rendered vacant due to death. |
Lists | ||
| Union List (99) | Foreign affairs, currency, banking, communication, inter-state |
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| trade, commerce, atomic energy, railways, highways, aerodromes. |
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| [Originally 97 items – one deleted, 3 added] |
| State List (61) | Health, sanitation, public order, agriculture, prisons, local government, |
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| liquor, transportation, relief of disabled, sales tax & octroi, taxes on |
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| entertainment & wealth. [Originally 66 items out of which 5 transferred to |
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| concurrent list]. |
| Concurrent list (52) | Criminal law, electricity, factories, forests, education, marriage & divorce, |
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| drugs, newspapers, books & printing press, social insurance, trade unions, |
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| preventive detention, stamp duties. [Originally 47 but 5 items transferred to |
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| this list from state list] |
Commissions/committees & their Purpose | ||
| S.K Dhar committee | Reorganization of states on linguistic basis |
| JVP committee | Jawaharlal, Vallabh, Pattabhi Sitaramayya (same as above) |
| Shah Commission | Punjab Reorganization Act |
| Tarkunde Committee | Electoral Reforms. Voting age to be reduced to 18 years (61st |
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| amendment). Voter councils to be formed. |
| Dinesh Goswami | Electoral Reforms. To save the security candidates should secure |
| Committe | at least 1/4th of valid votes. |
6. | Balwant Rai Mehta | Recommendations approved by NDC. Rajasthan first adopted 3 |
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| tier structure, followed by Andhra Pradesh & Bihar. |
7. | Ashok Mehta Committee | Working of panchayati raj institutions. |
8. | Rajamannar Commission | Recommended abolition of IAS & the IPS |
Select Political Doctrines & Principles | |
The Doctrine Of | Idea that when the legislature wants to do something that it cannot do |
Colourability, | 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 |
| 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 | Concerned with the relationship between the fundamental rights & the |
Construction | directive principles. |
Miscellaneous Facts
- The idea of a constituent assembly to frame a constitution for India was first mooted by the Swaraja Party in 1928. Dr. Sachhidanand Sinha was the Provincial president of the assembly that drafted the Indian constitution later Rajendra Prasad took over. The constituent assembly set up 13 committees for framing the constitution. On the basis of the reports, a draft of the constitution was prepared by a seven member drafting committee under the chairmanship of Dr. B. R. Ambedkar. B.N. Rau acted as the constitutional advisor to the constituent assembly. The preamble was proposed before the drafting committee by J.L. Nehru.
- While dealing with the reorganization of princely states, the constitution provided a four-fold distribution of states, viz. A, B, C & D. Part A states comprised of nine erstwhile states under the government of British India. Part B comprised of five princely states with legislatures. Part C of five centrally administered areas & Part D comprised of Andaman & Nicobar.
- The citizenship act of 1955 was first amended in 1986 & later in 2003. In 2003 a new law was passed which permits PIO residing in 16 countries to have dual citizenship status. This will enable them to participate in economic activities & real estate. However they cannot participate in elections.
- The right to property (Article 31) eliminated from the list of fundamental rights by 44th amendment in 1978. Now it is a constitutional right.
- The writ of Prohibition is available during the period when the proceedings are pending & the final order is not made. Certiorari (meaning ‘to be informed’) can be issued only after the final order has been made.
- Right to education is granted by the 86th amendment carried out in 2002. Under this the government shall provide free & compulsory education to all children from the age of 6 to 14. The right to information has been granted to the citizens under the information act 2002.
- In 1976 the delimitation of constituencies was freezed on the basis of the 1971 census up to 2001. In 2002 the 84th amendment extended the freeze up to 2026.
- The Parliament can also legislate on subjects in the state list if (a) the Rajya Sabha passes a resolution by 2/3rd majority (b.) if the legislatures of two or more states recommend to parliament (c) For the implementation of treaty with foreign powers (d) during emergency.
- The stages of bill introduction are first reading, publishing in gazette, second reading, referred to committee, committee submits its report with recommendations (amendments can be introduced here) & third reading involving formal voting to accept or reject the bill (No amendments possible here).
- The final decision whether a bill is a money bill or not rests with the speaker. Rajya Sabha can delay money bill only by 14 days.
- Vote of Account is a provision to meet the expenses due the gap between the presentation & passage of the budget. Normally vote of account is taken as two months for a sum equivalent to one-sixth of the estimated expenditure of the whole financial year.
- The government is collectively responsible only to the Lok Sabha.
- In the appointment of the judges of the Supreme Court & the high courts, the president is bound t act in accordance with the opinion of the Chief Justice of India who would tender his opinion after consulting his colleagues.
- The court appoints its officer & servants in consultation with the UPSC.
- Bihar, J&K, Karnataka, Maharashtra & U.P are the only states with bicameral legislature.
- Family Courts, Lok Adalats (under State Legal Aid & Advice Boards) & Nyaya Panchayat are other judicial bodies.
- The administrators are known as lieutenant governors (Daman & Pondicherry), Chief commissioners (Andaman & Chandigarh) & as administrators (Lakshadweep)
- In UTs with legislative assembly the right to legislate on subjects enumerated in the state list & concurrent list vests with the assembly but for other UTs parliament enacts the laws.
- The constitution has made special provision for the administration of scheduled areas in a state other than Assam, Meghalaya, and Tripura & Mizoram. The right to declare any area as scheduled area rests with the President & is subject to legislation by the parliament.
- Comptroller & auditor general looks after the accounts of both the centre & the state.
- In case the law is passed by the state legislature & received the approval of the President before the enactment of law on the same subject by the Parliament, the former prevails.
- Sark aria commission’s recommendations included inter-governmental council formation, sparing use of article 356, and governor post/All India services/NDC to continue.
- 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 up to 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.
- Initially the constitution recognized 14 regional languages which were Hindi, Sanskrit, Urdu, Telugu, Tamil, Malayalam, Kannada, Marathi, Gujarati, Oriya, Bengali, Assamese, Punjabi, and Kashmiri. Sindhi was added through 21st amendment. In 1992 three additional languages – Konkani, Manipuri & Nepali were added by 71st amendment. In 2003 four more languages – Bode, Maithili, Santali & Dogri were added to the eighth schedule raising the number to 22.
- Special Provisions for J&K: Directive principles & fundamental duties do not apply. High court of J&K enjoys very limited powers & cannot declare any law unconstitutional or issue writs except for enforcement of fundamental rights. Residuary powers rest with the state government. The V & VI schedule of constitution regarding scheduled areas & scheduled tribes not applicable. Assembly consists of 100 members & legislative council 36 members. Urdu is official language. The constitution was adopted on November 17, 1957. No emergency except that due to war/external aggression can be automatically extended to the state.
- Money comes to consolidated fund of India from revenues, fresh loans, and repayment of loans. Money can be spent out of this fund only after approval of parliament. Expenses charged on this fund include debt charges of GOI, sums payable due to court award & salaries of CAG, Auditor general, judges etc.
- Contingency fund is at the disposal of President & was constituted in 1950 by parliament. Expenses should be subsequently authorized by parliament. State govt contingency fund is with governor.
- The security deposit for general elections is Rs 10,000 & for reserved seats 5,000.
- The 52nd amendment added tenth schedule to the constitution which dealt with anti-defection. The final decision rested with speaker regarding defection, though it can be challenged in court.
- 6 all India party & over 40 regional parties. National party if it secures more 6 per cent of the votes polled in any four or more states. In addition it must win at least four seats in the House of the People or should have at least 2 percent of the Lok Sabha seats from at least three different states (ie 11 MPs). Regional party only six percent in a single state or at least 3 seats in the Assembly.
- 73rd amendment gave constitutional status to panchayati raj. If panchayat is dissolved before 5 years, fresh elections should be held within 6 months.
- Amendment normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. When Rajya Sabha disagrees with the proposals, the amendment bill is lost.
- Proportional representation with single transferable vote is followed in the elections of President, Vice President& Members of Rajya Sabha.
- The government of India instituted Bharat Ratna & Padma Shri under Article 18 of the constitution.
- The procedure of election of the President can be modified through an amendment passed by two-thirds majority by both the houses & be ratified by legislatures of at least half of the states.
- V.P Singh resigned after losing vote of no confidence in the Lok Sabha.
- Finance bill & appropriation bill are presented along with the budget. The recommendation of creation of new all India services is the exclusive power of Rajya Sabha. A member of the panel of chairman announced by the speaker presides over lok sabha if neither the speaker nor the depty speaker present.
- 30 seats are reserved for STs in the Lok Sabha.
- The concept of PIL originated in U.K. The number of judges of high court is determined by the President.
- The salary & emoluments of the president are exempt from income tax. This is not the case with chief justice of India & election commissioner.
- Disputes regarding the age of the judge of a high court shall be decided by the president in consultation with the Chief Justice of India. A bench consisting of five or more judges is called a full bench of the Supreme Court.
- National commission for SC & the State Election Commission are not statutory body. Keeping the units of Indian union under control & serving as the agents of the central government is not the purpose of All India services.
- Only war & external aggression can lead to suspension of fundamental rights under article 19. Armed rebellion does not cause the suspension.
- Provisions regarding citizenship & provisional parliament were given immediate effect from 26th November 1949. Elections & fundamental rights came later on 26th January 1950.
- Only when president’s rule is imposed, the parliament gests the exclusive authority to legislate on a subject under state list.
- When the three lists come in conflict, List-I has priority over both List II & List III. Further List III has priority over List II. The expression ‘Judicial review’ is not explicitly stated in the constitution & is implied. President of India is an integral part of the parliament.
- The following enjoy the rank of a cabinet minister: deputy chairperson of planning commission, Leader of opposition in Lok Sabha, Speaker of LS, and Chairman of Finance Commission. The following are special voters in the elections to the lok sabha & the assemblies – President, VP, Governors & Judges of the supreme court & high courts.
- Lok Sabha enjoys the powers to pass vote on account, votes of credit & exceptional grants.
- U.K has no written constitution. New Zealand was the first country to grant franchise to women.
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