6. Short Notes for Important Articles and Points; Miscellaneous Facts UPSC Notes | EduRev

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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 Repealed in 1956 by the

 

 

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 Article 242 repealed.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)

  
 

 

 

Indian Constitution Borrowed Features

1.

British Constitution

Parliamentary form of Government, Rule of Law, Law making

 

 

procedure, Single Citizenship; Institution of Speaker, doctrine of

 

 

Pleasure tenure of civil servants.

2.

American Constitution

Judicial System, Fundamental Rights

3.

Canadian Constitution

Federal System with a strong central authority; Residual powers,

 

 

Centre State Relation.

4.

Irish Constitution

Directive Principles, Election of the President of India

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.

 

 

 

 

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

 

 

in 1971 carried out the 24th Amendment with a view to assert the right of

 

 

The parliament to amend any part of the constitution.

3.

Keshvanada Bharti

Preamble was a part of the constitution & can be amended by Parliament

 

Case

Under Article 368. Parliament can also amend the fundamental rights

 

 

(Against Golaknath case) but ruled that the parliament cannot destroy the

 

 

Basic structure of the constitution.

4.

Minerval Mills Case

The 42nd.amendment carried out in 1976 gave asserted that parliament had

 

1980

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

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.

 

 

 

Reorganization of States

1.

1956 Act

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

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

 

8.

Committee on Welfare of Scheduled Castes

30 Members. 20 M.Ps & 10 R.S.

 

& Scheduled Tribes

 

9.

Committee on Government Assurances

15 members.  How  far  assurances  given  by  the

 

 

ministers have been implemented

10.

Committee on Absence of Members

Examines leave applications of members

11.

Estimates Committee

30   members.   Examines   Annual   Estimates   &

 

 

suggests alternative policies

12.

Public Accounts Committee

22 members. 15M.Ps & 7 R.S. Assisted  by

 

 

Comptroller & Auditor general. It acts as a watch

 

 

dog of expenditure.

13.

Committee on Public Undertakings

15 members. 10 M.Ps & 5 R.S. Examines working

 

 

of public undertakings

14.

Joint Committee on Salaries & Allowances

15 members. 10 nominated by speaker & 5 by the

 

 

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

 

 

by Speaker &  6 by chairman of Rajya Sabha

 

 

 

Parliamentary Terms

1.

Question Hour

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.

2.

Zero Hour

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.

3.

Adjournment Motion

Moved to draw the attention to a recent matter of urgent public importance.

 

 

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:

 

 

Disapproval of policy cut, Economy cut, Token Cut.

7.

Guillotine

When the discussion cannot be completed within stipulated time, the

 

 

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

 

 

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

 

 

trade,   commerce,   atomic   energy,   railways,   highways,   aerodromes.

 

 

[Originally 97 items – one deleted, 3 added]

 

State List (61)

Health,  sanitation,  public  order,  agriculture,  prisons,  local  government,

 

 

liquor,  transportation,  relief  of  disabled,  sales  tax  &  octroi,  taxes  on

 

 

entertainment & wealth. [Originally 66 items out of which 5 transferred to

 

 

concurrent list].

 

Concurrent list (52)

Criminal law, electricity, factories, forests, education, marriage & divorce,

 

 

drugs, newspapers, books & printing press, social insurance, trade unions,

 

 

preventive detention, stamp duties. [Originally 47 but 5 items transferred to

 

 

this list from state list]

Commissions/committees & their Purpose

 

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

 

 

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

 

 

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

  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. The right to property (Article 31) eliminated from the list of fundamental rights by 44th amendment in 1978. Now it is a constitutional right.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  8. 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.
     
  9. 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).
     
  10. 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.
     
  11. 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.
     
  12. The government is collectively responsible only to the Lok Sabha.
     
  13. 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.
     
  14. The court appoints its officer & servants in consultation with the UPSC.
     
  15. Bihar, J&K, Karnataka, Maharashtra & U.P are the only states with bicameral legislature.
     
  16. Family Courts, Lok Adalats (under State Legal Aid & Advice Boards) & Nyaya Panchayat are other judicial bodies.
     
  17. The administrators are known as lieutenant governors (Daman & Pondicherry), Chief commissioners (Andaman & Chandigarh) & as administrators (Lakshadweep)
     
  18. 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.
     
  19. 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.
     
  20. Comptroller & auditor general looks after the accounts of both the centre & the state.
     
  21. 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.
     
  22. Sark aria commission’s recommendations included inter-governmental council formation, sparing use of article 356, and governor post/All India services/NDC to continue.
     
  23. 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.
     
  24. 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.
     
  25. 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.
     
  26. 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.
     
  27. 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.
     
  28. 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.
     
  29. 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.
     
  30. The security deposit for general elections is Rs 10,000 & for reserved seats 5,000.
     
  31. 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.
     
  32. 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.
     
  33. 73rd amendment gave constitutional status to panchayati raj. If panchayat is dissolved before 5 years, fresh elections should be held within 6 months.
     
  34. 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.
     
  35. Proportional representation with single transferable vote is followed in the elections of President, Vice President& Members of Rajya Sabha.
     
  36. The government of India instituted Bharat Ratna & Padma Shri under Article 18 of the constitution.
     
  37. 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.
     
  38. V.P Singh resigned after losing vote of no confidence in the Lok Sabha.
     
  39. 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.
     
  40. 30 seats are reserved for STs in the Lok Sabha.
     
  41. The concept of PIL originated in U.K. The number of judges of high court is determined by the President.
     
  42. The salary & emoluments of the president are exempt from income tax. This is not the case with chief justice of India & election commissioner.
     
  43. 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.
     
  44. 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.
     
  45. Only war & external aggression can lead to suspension of fundamental rights under article 19. Armed rebellion does not cause the suspension.
     
  46. Provisions regarding citizenship & provisional parliament were given immediate effect from 26th November 1949. Elections & fundamental rights came later on 26th January 1950.
     
  47. Only when president’s rule is imposed, the parliament gests the exclusive authority to legislate on a subject under state list.
     
  48. 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.
     
  49. 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.
     
  50. Lok Sabha enjoys the powers to pass vote on account, votes of credit & exceptional grants.
  51. U.K has no written constitution. New Zealand was the first country to grant franchise to women.
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