Short Notes for Important Articles and Points
Parts of the Constitution
The Union & its Territories
Directive Principles of State Policy
Fundamental Duties (42nd Amendment)
The Union Government
The State Government
Dealt with states in Part B of the First Schedule. Repealed in 1956 by the
Union Territories. Article 242 repealed.
The Scheduled & Tribal Areas
Relations between the Union & the States
Finance, Property, Contracts & Suits
Trade, Commerce & Intercouse within the territory of India
Services under the Union & the States
Administrative Tribunals (42nd Amendment 1976)
Special Provisions (Reservations of SC, ST, Anglo Indian etc.)
Miscellaneous Provisions (Immunity of President, Legislature etc.)
Amendment of the Constitution
Temporary, Transitional & Special Provision
Short Title, Commencement, Authoritative
Schedules of the Constitution
Deals with territories of the 28 states & 7 union territories
Salaries allowances of president, V.P, Speaker, Judges, CAG etc.
Various forms of Oaths & affirmation which various incumbents have to take.
Seats allotted to various states & UTs in the Rajya Sabha (Council of States)
Administration & Control of scheduled areas.
Administration of tribal areas in Assam, Meghalaya & Mizoram
Subjects in the three lists – Union, State & Concurrent
List of 22 regional languages
Certain acts & regulations dealing with land reforms & zamidari system abolition.
((Added by first constitutional amendment).
Disqualifications on grounds of defection. (52nd Amendment)
29 subjects on which panchayats can legislate. (73rd Amendment)
18 subjects on which municipalities have control. (74th Amendment)
Indian Constitution Borrowed Features
Parliamentary form of Government, Rule of Law, Law making
procedure, Single Citizenship; Institution of Speaker, doctrine of
Pleasure tenure of civil servants.
Judicial System, Fundamental Rights
Federal System with a strong central authority; Residual powers,
Centre State Relation.
Directive Principles, Election of the President of India
Concurrent list; Freedom of Trade & Service within country
Five Year Plans; Fundamental duties
Govt of India Act 1935
Office of the governor, powers of the federal jury.
Amendment of Constitution.
Important Cases of the Constitution
Preamble not a part of the constitution
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.
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.
Minerval Mills Case
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
Case the Supreme court struck down those provisions
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
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.
Reorganization of States
14 States & 6 Union territories formed.
States - Andhra Pradesh, Assam, Bihar, Bombay, J&K, Kerala, M.P., Madras,
Mysore, Orissa, Punjab, Rajasthan, U.P & West Bengal.
UTs – Andaman & Nicobar, Delhi, Himachal Pradesh, Laccadive, Minicoy &
Amindivi Islands, Manipur & Tripura
The states of Maharashtra & Gujarat created by bifurcating the state of Bombay.
Punjab & Haryana formed out of Punjab & hill areas merged with H.P (UT then).
Meghalaya created out of Assam.
Himachal Pradesh, Tripura & Manipur raised to the status of a state
Sikkim admitted as a state.
Mizoram & Arunachal Pradesh (UTs till then) given status of state
Goa created by separating it from the UT of Daman & Diu.
Chhattisgarh, Jharkhand & Uttaranchal
Various Political/Non Political Offices of India
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.
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-
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.
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.
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.
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.
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
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.
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.
Person who is qualified to be a judge of the high court. Remunerations as the
governor may determine.
60 to 500 members according to population but Sikkim has only 32 members. 25
years of age. Goa, Mizoram, Pondicherry have only 30 members.
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
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.
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.
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.
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 at least 3 times a year.
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.
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.
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.
Qualification same as judge of supreme court. Appears before supreme court &
various high courts involving the Government of India.
Two commissioners with equivalent power. Period of 5 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
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.
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
Extra constitutional & extra-legal body. Its recommendations are binding in nature as
Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate
minister the welfare of SC/ST/OBC.
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
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
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)
The Union and its Territory
Name and territory of the Union
Admission or establishment of new States
[Repealed] Sikkim to be associated with the Union
Formation of new States and alteration of areas, boundaries or names of existing States
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
Citizenship at the commencement of the Constitution
Rights of citizenship of certain persons who have migrated to India from Pakistan
Rights of citizenship of certain migrants to Pakistan
Rights of citizenship of certain persons of Indian origin residing outside India
Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Continuance of the rights of citizenship
Parliament to regulate the right of citizenship by law
Laws inconsistent with or in derogation of the fundamental rights
Equality before law meaning ‘equality of treatment within a class’
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Equality of opportunity in matters of public employment
Abolition of Untouchability
Abolition of titles
Protection of certain rights regarding freedom of speech, etc.
Protection in respect of conviction for offenses
Protection of life and personal liberty
Right to education.
Protection against arrest and detention in certain cases
Prohibition of traffic in human beings and forced labour
Prohibition of employment of children in factories, etc.
Freedom of conscience and free profession, practice and propagation of religion
Freedom to manage religious affairs
Freedom as to payment of taxes for promotion of any particular religion
Freedom as to attendance at religious instruction or religious worship in certain
Protection of interests of minorities
Right of minorities to establish and administer educational institutions
[Repealed] Compulsory acquisition of property
Saving of laws providing for acquisition of estates, etc.
Validation of certain Acts and Regulations
Saving of laws giving effect to certain directive principles
[Repealed] Saving of laws in respect of anti-national activities
Remedies for enforcement of rights conferred by this Part
Power of Parliament to modify the rights conferred by this Part in their application to
Restriction on rights conferred by this Part while marital law is in force in any area
Legislation to give effect to the provisions of this Part
Directive Principles of State Policy
Application of the principles contained in this Part
State to secure a social order for the promotion of welfare of the people
Certain principles of policy to be followed by the State
A Equal justice and free legal aid
Organisation of village panchayats
Right to work, to education and to public assistance in certain cases
Provision for just and humane conditions of work and maternity relief
Living wage, etc., for workers
Participation of workers in management of industries
Uniform civil code for the citizen
Provision for free and compulsory education for children
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections
Duty of the State to raise the level of nutrition and the standard of living and to improve
Organisation of agriculture and animal husbandry
Protection and improvement of environment and safeguarding of forests and wild life
Protection of monuments and places and objects of national importance
Separation of judiciary from executive
Promotion of international peace and security
Business Advisory Committee
15 members. Speaker is chairman
Committee on Private Members Bills &
15 members. Deputy Chairman is chairman.
Classifies bills according to importance.
Constituted for considering different bills.
Committee on Petitions
15 members. Speaker is head. Rules of House
Committee on Privileges
15 members. Violation of Privileges of M.P
Committee on Subordinate Legislations
Committee on Welfare of Scheduled Castes
30 Members. 20 M.Ps & 10 R.S.
& Scheduled Tribes
Committee on Government Assurances
15 members. How far assurances given by the
ministers have been implemented
Committee on Absence of Members
Examines leave applications of members
30 members. Examines Annual Estimates &
suggests alternative policies
Public Accounts Committee
22 members. 15M.Ps & 7 R.S. Assisted by
Comptroller & Auditor general. It acts as a watch
dog of expenditure.
Committee on Public Undertakings
15 members. 10 M.Ps & 5 R.S. Examines working
of public undertakings
Joint Committee on Salaries & Allowances
15 members. 10 nominated by speaker & 5 by the
chairman of Rajya Sabha.
Joint Committee on Offices of Profit
15 members. 10 L.S & 5 R.S.
Parliamentary Subject Committees
17 parliamentary committees were constituted. 11
by Speaker & 6 by chairman of Rajya Sabha
First hour of every sitting in the two houses of the parliament is devoted to
asking & answering questions known as Question hour. The questions
consist of starred (oral), unstarred (written) & short notice question.
The hour after the question hour. There is no mention of zero hour in the
rules of the parliamentary procedure & the term was coined by press in the
early 1960’s. Members raise matters which cannot brook any delay.
Moved to draw the attention to a recent matter of urgent public importance.
Only if 50 members support it & speaker grants permission.
A member with prior attention of the speaker may call the attention of a
minister to a matter of urgent public importance.
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
Motions to reduce the amount of demand for grants. They are of 3 types:
Disapproval of policy cut, Economy cut, Token Cut.
When the discussion cannot be completed within stipulated time, the
speaker can put the matter to vote even without concluding discussion.
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.
To fill up the seat rendered vacant due to death.
Union List (99)
Foreign affairs, 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 (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
S.K Dhar committee
Reorganization of states on linguistic basis
Jawaharlal, Vallabh, Pattabhi Sitaramayya (same as above)
Punjab Reorganization Act
Electoral Reforms. Voting age to be reduced to 18 years (61st
amendment). Voter councils to be formed.
Electoral Reforms. To save the security candidates should secure
at least 1/4th of valid votes.
Balwant Rai Mehta
Recommendations approved by NDC. Rajasthan first adopted 3
tier structure, followed by Andhra Pradesh & Bihar.
Ashok Mehta Committee
Working of panchayati raj institutions.
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
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
Doctrine of Severability
Associated with declaration of law as unconstitutional & void by the
Principle of Harmonious
Concerned with the relationship between the fundamental rights & the