Constitutional Development

US Constitution: Shortest in the world - 1762 words. May 25, 1787 - September 17, 1787.
British do not have a codified constitution.

Indian Constitution

World’s largest written constitution; Constitution supreme than the Parliament; initially had
395 articles - 22 parts and 8 schedules; now has a preamble, 448 articles - 25 parts and 12
schedules.
● 26 Jan, 1930 - First day of Independence - Purna Swaraj
● 1934 - Idea of Constituent Assembly by M.N. Roy - father of Communist Movement
in India.
● 1935 - Congress demanded this to the British
● Aug, 1940 - Demand accepted by the British. (WW2: 1939 - 45)
● 1946: Constituent Assembly formed on the basis of Cabinet Mission Plan.
○ 389 members = 385 Indians ( = 93 PS members + 292 PC members) + 4
Britishers. 385 Indians (members from Princely States and elected members
from Provincial Councils of British Provinces). Later became 299(= 70 PS
members + 229 PC members) due to partition.
● 9 December, 1946: CA first met in New Delhi; Dr. Sachidananda Sinha - first
chairman of CA; later Dr. Rajendra Prasad. Vice President: Professor Harendra
Coomar
● 13 December, 1946: Nehru passed the Objective Resolution, which is now the
Preamble.
● 22 July, 1947: National Flag adopted.
● The partition was outlined in the Indian Independence Act 1947 and resulted in the
dissolution of the British Raj, or Crown rule in India. The two self-governing countries of
India and Pakistan legally came into existence at midnight on 15 August 1947.
● 29 August, 1947: Ambedkar appointed as the Chairman of the Drafting
Committee.
● CA took 2 years, 11 months and 18 days to frame the constitution.
● Draft published in 1948; people in the country asked to give feedback in 8 months.
● 26 November, 1949: Constitution adopted. 26 November - National Constitution Day
or Law Day. Now, the Union of India is the Republic of India.
● 24 January, 1950: Last meeting of CA, National Anthem adopted.
● 26 January, 1950: Constitution implemented (or came into force), Republic Day.
● The 42nd Amendment (1976) changed the description of India from a
"sovereign democratic republic" to a "sovereign, socialist secular democratic
republic", and also changed the words "unity of the nation" to "unity and
integrity of the nation".
Sources of Indian Constitution

Govt. of India Act, 1935 Federal Scheme (Centre-State s/m), Office of the Governor,
power of Federal Judiciary (i.e., SC), Emergency, Public
Service Commission.

Britain Law making procedure, Rule of Law, Single Citizenship,

Parliamentary System of Government, Office of CAG,
Bicameral (LS & RS) (Parle G Biscuit)

USA Independence of Judiciary, Judicial Review (challenging

Acts), Impeachment of Judges, Functions of VP, Preamble,
Fundamental Rights

Canada (2nd largest Federation with strong centre, residuary power to the centre,
country) Appointment of State Governors, Advisory Jurisdiction of SC.

Ireland DPSP, Election of President, Nomination to RS

Germany (Weimar) Suspension of Fundamental Rights during Emergency

(1962, 72 and 75)

Australia Idea of Concurrent List

South Africa Amendment of Constitution, Election of RS members

proportionately (on basis of state population)

USSR Fundamental duties; Social, Economic and Political Term in

Preamble.

France Equality, Fraternity

Japan Procedure Established by Law.

USA: Senate & House of Representatives; VP: Head of Senate - Kamala Harris.
India: RS & LS; VP: Head of RS - Venkaiyah Naidu.
Centre List, State List & Concurrent List; For things other than in this list - Residuary List
(say, Bitcoin)
US President: 4 years term.
Parts & Schedules
Initially, 395 Articles divided into 22 Parts and 8 Schedules.
Now, 448 Articles divided into 25 Parts and 12 Schedules.

Schedules
TEARS OF OLD PM
1 T Territory: (list of states and UTs, and their territories)

2 E Emoluments (of P, VP, PM, Speaker, Gov.)

3 A Affirmation (Oaths)

4 R Rajya Sabha (allocation of seats in Council of States or RS)

5 S Scheduled Area (administration and control)

6 O Other Scheduled Areas (Assam, Meghalaya, Mizoram, Tripura)

7 F Federal Provisions (Centre L, State L and Concurrent L; Res. Powers

vested with Centre)

8 O Official Languages (22)

9 L Land Reforms (1951, 1st CA)

10 D Defection (1985, 52nd CA)

11 P Panchayats (1992, 73 & 74 CA)

12 M Municipalities (1992, 73 & 74 CA)

Parts

U Can Fly Directly From U S A to U P to Meet Child of Sanoj and Ria.

U(1), C(2), F(3), D(4), F(4A), U(5), S(6), A(7), U(8), P(9), M(9A), C(9B), S(10), R(11)
1 U Territory of India, admission/formation of new states; Art. 1-4

2 C Citizenship; Art. 5-11 - The Citizenship (Amendment) Act, 2019

was passed by the Parliament of India on 11 December 2019. It
amended the Citizenship Act, 1955 by providing a pathway to Indian
citizenship for persecuted religious minorities from Afghanistan,
Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains,
Parsis or Christians, and arrived in India before the end of December
 2014.[3][4] The law does not grant such eligibility to Muslims from
those countries,[5][6][7] all of which are Muslim-majority countries. The
act was the first time that religion had been overtly used as a
criterion for citizenship under Indian law.

3 F Fundamental Rights; Art. 12-35 - Magna Carta

Art. 35A, incorporated into the Constitution in 1954, provides special
rights and privileges to the citizens of the state. It was abolished on 5
August, 2019.

4 D Directive Principles of State Policy; Art. 36-51;

Gives directives to the govt. as to what to do.

4A F Fundamental Duties; Art. 51A

11 Fundamental Duties
10 (42nd Amendment in 1976) + 1 (86th Amendment in 2002)
● The 42nd amendment, officially known as The Constitution
(Forty-second amendment) Act, 1976, was enacted during the
Emergency (25 June 1975 – 21 March 1977) by the Indian
National Congress government headed by Indira Gandhi.[1]
○ The 42nd Amendment is regarded as the most
controversial constitutional amendment in history.[2] It
attempted to reduce the power of the Supreme Court
and High Courts to pronounce upon the constitutional
validity of laws. It laid down the Fundamental Duties of
Indian citizens to the nation. This amendment brought
about the most widespread changes to the Constitution
in its history.
● The 86th Amendment in 2002 made Compulsory education
for children in 6-14 as a FD. RTE.

5 U Union Level Govt.(8 UTs) (CM, Governor, Ministers) - longest part of

the Constitution

6 S State Level Govt. (28 States) (LG)

7 A Amendment (7th) of 1956 deleted this part.

Categorization of States (A, B, C, D)

8 U UT Administration

9 P Panchayats

9A M Municipalities

9B C Cooperative Societies

10 S Scheduled and Tribal Areas

11 R Relation between States and Union

A, B, etc. due Amendments in 4, 9, 14

14 State Services (IAS, IPS, IFS, IRS) - 4 services

14A Administrative Tribunals

15 Election Commission Art. 324-329 (New CEC: Sushil Chandra) - top

most, not under Govt. of India.
MP, MLA, President, VP’s Elections are conducted by ECI.

17 Official Languages (22) (In 500 Rs. note, Eng, Hindi, + 15 Official
Languages → 17 languages)

18 Emergency
National Emergency - Art. 352.
State Emergency - Art. 356.
Financial Emergency - Art. 360. - Never Implemented.

20 Amendment of Constitution Art. 368

21 Temporary, Transitional and Special Provisions.

Art. 370 - conferring it with the power to have a separate
constitution, a state flag and autonomy over the internal
administration of the state; removed on 5 August 2019
Art. 35A, incorporated into the Constitution in 1954, provides special
rights and privileges to the citizens of the state. It was also abolished
on 5 August, 2019.

Art. 371 - for Assam, Mizoram, ...

103th Amendment, 2019

Articles 15(6) and 16(6) added
10% Res. for EWS.
104th Amendment
Extension of Reservation for another 10 years; did not extend for Anglo Indians.

Fundamental Rights (now 6 categories; justifiable; not absolute and

can be amended)
1. Art. 14-18: Right of Equality
○ 14: Equality before Law
○ 15: No discrimination on grouds of religion, race, caste, sex, etc.
○ 16: Equality of opportunity for employments
○ 17: Abolished Untouchability
○ 18: Abolition of Titles (like His Highness, Your Majesty, etc.)
2. Art. 19-22: Right of Freedom
○ Art. 19: Right of Freedom of Expression and Opinion
 ○ 19(1) a to g.
Art. 19(1)(f) guaranteed to the Indian citizens a right to acquire, hold and
dispose of property. Removed on 44rth Amendment, 1978 (after the
Emergency, by the Janata Party)..

○ 19(2) gives the restrictions to Freedom

○ Article 20 - Protection with respect to conviction for offences (against
double jeopardy)
○ Article 21 - Right to life and Personal liberty - Applicable even to
foreigners.
■ Articles 20 and 21 cannot be suspended even during an emergency.
○ Article 21A The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may,
by law, determine. After the 86th Amendment, 2002.
Was previously Article 45 of DPSP. Now, made Fundamental Right.
The Right of Children to Free and Compulsory Education Act or Right to
Education Act (RTE), is an Act of the Parliament of India enacted on 4 August
2009, which describes the modalities of the importance of free and compulsory
education for children between 6 and 14 in India under Article 21a of the Indian
Constitution.
○ Article 22 - Protection against arrest and detention in certain cases
(anticipatory bail).
3. Art. 23-24: Right against Exploitation
○ Article 23: against human trafficking, forced labour
○ Article 24: Against Child Labour: <14 age children cannot be employed in
factories
4. Art. 25-28: Right to Freedom of Religion
5. Art. 29-30: Cultural and Educational Rights of minorities (SNDP, St. Stephen’s
College - community reservation)
6. Art. 32: Right to Constitutional Remedies (Heart and Soul of Indian
Constitution - by Ambedkar) - what happens if Fundamentals are violated; can file
a writ (=petition) in SC for Fun. Rights violation ; Art. 226 - HC writ.
○ PIL: Public Interest Litigation - writ for public fund. rights violation in
SC.
○ 5 major writs:
■ Habeas corpus
■ Mandamus - ordering a lower court or person to do a job if they are
not doing it.
■ Certiorari - reviewing a case by Upper Court (whose verdict has
come)
■ Prohibition - Upper Court to Lower Court to stop proceeding against
a case (which is happening) beyond its jurisdiction.
■ Quo Warranto - If you find some govt. official not qualified to do a job,
file a QW writ against that person. The court asks his qualification or
authority.
1973 - Kesavananda Bharati (died Sept. 2019) vs. Govt. of Kerala: Basic Structure of
the Constitution cannot be changed by a constitutional amendment.
Right to Property removed. Art. 31 + Art. 19(1)(f) (now Art. 300 A) - 44rth CA, 1948.
Now, it is just a legal right.
E, F, X-Re, EC Remedy.

DPSP
Not enforceable by court.
Taken from Ireland.
Instrument of Instruments in Govt. of India Act, 1935.
Art. 39A - Equal Justice and Free Legal Aid. (Socialist)
Art. 40 - Organization of Village Panchayats (based on Gandhian Principle)
Art. 44 - Uniform Civil Code - only implemented in Goa as of now (Intellectual/Liberal)
Art. 45 - Education to Children, now removed and is a Fund. Right. (Intellectual/Liberal)
Art. 46 - Education and Economic Interests of SC/STs
Art. 48 - Organisation of Agriculture and Animal Husbandry on Scientific Lines
Art. 48A - Protecting Environment (Intellectual/Liberal)
Art. 49 - Protection of Monuments
Art. 50 - Separation of Judiciary from Executive (govt. will not involve the judiciary)
(Intellectual/Liberal)
Art. 51 - Promotion of International Peace

Socialist Principles

38 Promote welfare and reduce inequality

39 Adequate means of livelihood for all citizens, prevention of

concentration of wealth, Equal pay for men and women

39A Equal justice and free legal aid for the poor

41 Old age, sick, etc. - right to work, education and public assistance

42 Just and humane conditions and maternity relief

43A Decent wage and standard of living

47 Raise the level of nutrition and improve the public health

Gandhian Principles (40, 43, 43B, 46, 47, 48)

Organised Panchayats, cottage industry and cooperative societies. Gave education for
SC/ST, prohibited alcohol and calf slaughtering.

40 Organisation of village panchayats

43 Promotion of cottage industry

43B Voluntary formation of cooperative societies

46 Education and economic interest of SC, STs, and prevent them

from injustice and exploitation
 47 Prohibition of consumption of alcohol

48 Prohibition of slaughter of cows

Liberals-Intellectual Principles (44, 45, 48, 49, 50, 51)

44 Uniform Civil Code (only in Goa as of now)

45 Provide early childhood care and education for all children until they
reach 6

48 Organise agriculture and animal husbandry on scientific lines

48A Protection of environment

49 Protection of monuments

50 Separation of Judiciary from others

51 International peace and security; encourage conflict settlements

Fundamental Duties
In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make
recommendations about Fundamental Duties.
● Fundamental Duties: Art. 51A
11 Fundamental Duties
10 (42nd Amendment in 1976 - Mini Constitution) + 1 (86th Amendment
in 2002)
Emergency: 1975 - 1977

The President
● Art. 52:The President - head of executive, state (country)

● President’s Election:
○ Art. 54: Presidential Election
○ Voters: Members of LS & RS (except the nominated members), LA of
states and UTs.
(Note: LS - 552 members = 530 states + 20 UTs + 2 nominated by the
President from the Anglo-Indian Community - 104th CA cancelled 2
nominations; so, now only 550 members)
RS - 250 members = 238 + 12 nominated by the President; 12
cannot participate in the presidential voting, but can participate in
impeachment)
 ● Nominated members of RS and members of State Legislative
Councils in bicameral legislatures (6 states) cannot vote for the
President.
● Single transferable vote with proportional representation (weightage of
MPs > that of MLAs, state preference, etc.).
● Term and Tenure - 5 years.

● Qualifications:
○ > 35 years, should qualify the conditions to be elected as a member of LS,
should not hold an office of profit.
● President/PM can be elected no. of times. American President: cannot be more than
2 consecutive terms. US President - 4 years.
● Vacant office:
○ Completes 5 years term
○ Resignation given to VP
○ Impeachment by LS or RS (⅔ majority in separate houses) - only for
violation of constitution reason.
○ Dies on Office
■ Two presidents, Zakir Husain and Fakhruddin Ali Ahmed,
have died in office
■ The VP will be the acting President. He can serve for a maximum of
6 months. If the VP dies, then CJI will be the acting president.
○ The Supreme Court declares his election invalid.
○ Zakir Hussain Khan (first muslim president) - died in office - V. V. Giri
(VP) became acting president - resigned to contest in elections - Chief
Justice, Muhammed Hidayathulla became acting president. If CJ dies,
senior SC justice becomes the Acting President.
● Oath: President ←→ Chief Justice (N.V. Ramanna)
● Resignation: President ←→ Vice President
● Powers of President
○ All executive actions are taken in his name.
Bill → Act: LS → RS → President’s signature.
○ Appoints - CAG (G.C. Murmu), CEC (Sushil Chandra) & ECs, Chairman
(Pradeep Kumar Joshi) and members of UPSC, State Governors,
Chairman of Finance Commission of Indian (Nand Kishore Singh) and
members, Attorney General of India (K. K. Venugopal)

○
○ Art. 123 - Ordinance making power of the President.
○ Can summon 3 sessions - Budget session: February to May. Monsoon
session: July to September. Winter session: November to mid-
 December; max 6 months b/w two sessions), prorogues (end), adjourn
Parliament and dissolves the LS.
○ Minimum of 2 sessions must be held in the parliament.
○ Art. 108: Joint Sitting of the houses chaired by LS Speaker. The PoI can
summon joint sitting of LS and RS in case of deadlock (when a bill passed
by LS is cancelled by RS), chaired by the LS Speaker; Constitutional
Amendment Bills can’t be passed
○ Addresses the Indian Parliament at the commencement of the first session
after every general election/every first session of the year.
○ 12 members of RS can be nominated by the president.
○ Lays the reports of CAG, UPSC, Finance Commission.
● Ordinances are bills passed not in the parliament sessions by the president.
Parliament should approve within 6 weeks.
● Art. 123: Ordinance making power of the PoI during the recess period of the
parliament
● Art. 213: Ordinance making power of the Governor of State
● Bills - Ordinary Bill & Money Bill - decided by the Speaker.
● Financial Powers of President: to introduce a money bill, the president's prior
permission is a must. He causes the Union Budget to be laid before the Parliament.
He then cannot return the money bill.
● Appointment of Chief Justice and SC/HC judges.
● Art. 72: Pardoning power of the PoI
● Represents India in international forums; supreme commander of defence forces in
India.
● Art. 61: Impeachment of the PoI
○ Impeachment can be started in either houses - LS or RS
● Emergency Powers:
○ National Emergency (Art. 352) - 1962 (China War), 1971 (Pakistan War),
1975 - 77.
○ President’s Rule (Art. 356)
○ Financial Emergency (Art. 360).
● Veto Powers (Art. 111) (3 veto powers)
○ Absolute Veto: Will not sign the bill.
○ Pocket Veto: Neither signed, neither sent back. File pidichu vekuka
○ Suspensive Veto: Sent back the bill for review, but has to sign on next
arrival.
○ Giani Zail Singh, the President of India from 1982 till 1987, exercised a pocket
veto to prevent the Indian Post Office (Amendment) Bill from becoming law.
● Ram Nath Kovind is the 14th President of India
Name Individual Duration Term Fact
number of
presidentship

Dr. Zakir 3 1967-1969 1 ● He died in office, the

Husain year, first to do so; → VV
355 Giri → Justice
days Muhammed
Hidayathulla
● He was also the
shortest-serving
president.
● He was also the first
Muslim president
● Fakruddin Ali
Ahment (5th PoI) -
2nd Muslim
President; also died
in office.

Rajendra 1 1950-1962 12 ● The first president

Prasad years, of independent India.
107 ● The only president
days to complete two
terms in office

Ramaswamy 8 1987-1992 5 ● The first Chief

Venkataraman years Minister of Andhra
Pradesh (1956).

Neelam 6 1977-1982 5 ● Served as Minister of

Sanjiva Reddy years Finance, and
Defence.
● Also served as Vice
President of India.
● CM of Andhra
Pradesh
● Youngest President
on India

Vice President
● RS Chairman, ex-officio chairman of the Council of States.
● Art. 63: About VP.
● Dr. S Radhakrishnan - first VP.
● Mohammad Hamid Ansari has held the office of the VP twice.
● Venkaiyah Naidu is the 13th VP of India
● Election same as that of President, except
 ○ MLAs cannot vote.
○ Nominated members (12) can also vote.
● Impeachment: there is no formal impeachment for the Vice President.
● Impeachment starts only at Rajya Sabha
Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can also
pass it. Also, unlike the President of India who can be impeached on the ground of
‘Violation of Constitution,’ there is no ground mentioned in the constitution for the
removal of the Vice President of India.
Note: Supreme Court decides election disputes related to the office of Vice
President.
● Qualification: 35 years; qualified to be elected in RS.
(Note: 35 years: President, VP, Governor)
● Term: 5 years

Parliament
● Organisation of Parliament: Part. 5
● First elected parliament: 1952 (1st session in 17 April, 1952)
● Largest Seats for UP; RS Seat: 31; LS Seat: 80
● Parliament consists of the President, LS and RS
● PM - head of govt., head of council of ministers, chairman of cabinet; NITI
Aayog, Interstate Councils, Cabinet Committees, usually the leader of the
party/alliance that has a majority in LS; sworn in by the President - Oath of Office
and Oath of Secrecy. (President: head of state). Ministers’ oath also by the
President - on advice of the PM.
● PM is the leader of the majority party in LS.
● MPs elect the PM.
● No mention of the Deputy Prime Minister in the Constitution; vacant since 23
May, 2004 (L. K. Advani - the last Dy.PM)
● Art. 74(1): Council of Ministers with the PM as its head to aid and advise the
President.
● Art. 75: President appoints the PM and other ministers on the advice of the PM.
● Art. 76: Attorney General of India
● Resign/death of PM → dissolves the council of ministers.
● Not needed to be a member of LS/RS to be a PM - Manmohan Singh, Rajiv Gandhi.
But within 6 months, he has to become a member of LS/RS.
● The PM automatically becomes the leader of the House to which he belongs.
Modi - LS head, Dr. Manmohan Singh - RS head, R. Gandhi - RS head.
● Qualification: 25 years if from LS, 30 years if from RS.
● The Council of Ministers is collectively responsible for the Lok Sabha.
● Council of Ministers:
○ Cabinet Ministers - has to be present in all meetings
○ Minister of State with independent charges
○ Minister of State - works under a Cabinet Minister
○ Deputy Minister
● Art. 79 - Parliament of India - President, LS, RS.
● Art. 80 - Rajya Sabha composition/ strength - 250 = 238 + 12.
● Art. 81 - Lok Sabha composition/strength - 552 = 530 + 20 + 2; now 550
● Rajya Sabha (in hindi, means state; upper house) - 6 years term
○ 250 members = 238 represent States + 12 nominated by the President.
○ People → MLA → Choose RS members, according to s/m of proportional
representation by means of single transferable vote.
○ ⅓ members retire every 2 years - permanent house.
○ Rajya Sabha is a permanent body and is not subject to
dissolution. However, one third of the members retire every second
year, and are replaced by newly elected members. Each member is
elected for a term of six years. The Vice President of India is the ex-
officio Chairman of Rajya Sabha.
○ Max. seats for UP: 31
● Lok Sabha (house of people, lower house) - 5 years term
○ First Lok Sabha constituted in 17th April, 1952
○ 550 members (max) (now 543) = 530 from states + 20 from UTs.
○ People → LS members.
○ 543/2 = 272 -min. majority
○ For the opposition party, 1/10th of total = 55 seats. Congress - 53. So, no
official Opposition leader.
○ Max. seats for UP: 80, Maha - 48, WB - 42, TN - 39, Kerala - 20
●
LS RS

550 = 530 (states) + 20 (UTs) 250 = 238 (states) + 12 (nominated by

the PoI)

5 years 6 years

Directly elected by people Elected by MLAs

Not permanent Permanent

Presided by LS Speaker Presided by VP, also the RS Chairman

25 years age 30 years age

Money Bills passed here only Money Bills can’t be passed

Dissolved during Emergency Can’t be dissolved during

Emergency; permanent body

Can pass No Confidence Motion Cannot be passed

Green Colour background Maroon colour background

Art. 108: Joint sitting of both Houses.

Art. 110: Money Bill
Art. 112: Budget.
Ministers are appointed by the President on advice of the PM.
 Gov., P, VP: 35 years
LS MP, MLA: 25 years
RS MP, Members of Legislative Councils: 30 years
● Bills - Ordinary Bill & Money Bill - decided by Lok Sabha Speaker.
● Ordinary Bills
○ Non-financial bills.
○ Can be introduced in either house without the prior permission of The
President, except for those bills under Art. 3 (state reorganisation).
● Money Bills
○ Art. 110
○ Money Bill -can be presented only in LS, with prior recommendation of
the President. The President can’t return the bill.
○ RS has to return the Money Bill in 14 days.
● After formation of a new LS, the President appoints a Pro-term Speaker (temporary
speaker for one day), mostly the senior most MP. He/she administers oaths to the
MPs.
● The Speaker is the Chief Presiding Officer of the Lok Sabha
● Currently, Om Birla - 17th Speaker of LS
● LS Speaker - Art. 93
● Lok Sabha Speaker tenders his resignation to the Deputy Speaker.
● First Lok Sabha Speaker - G. V. Mavlankar.
● First woman speaker - Meira Kumar
● Bill passed in one house is sent to the other. The other house may:
○ Reject the bill.
○ Disagrees and returns with amendments.
○ Takes no actions and more than 6 months have passed.
Execute Art. 108: President summons the joint sitting of the Parliament.
The Lok Sabha Speaker chairs the meeting.
Constitutional Amendment Bills can’t be passed with Joint Sitting.
So far, only 3 joint sessions have been held:
● Dowry Prohibition Act, 1961
● Banking Service Commission Act (Repeal), 1978
● Prevention of Terrorism Act (PoTA), 2002

● Minimum no. of members present to conduct a meeting: Quorum → 1/10 th of

total memberships.
● Question Hour (questions to ministers) & Zero Hour (12 pm - 12:30 pm)
● Starred Questions - Oral questions
● Unstarred Questions - written questions
● Adjournment Motion: Only in Lok Sabha, for public urgent matters. Requires
support of 50 members to initiate. Discussion should not last for more than 2.5
hours.
● No Confidence Motion: Only in Lok Sabha. Requires support of 50 members to
initiate. Voting takes place and if majority members vote in favour of ‘No
Confidence’, the govt. has to resign. A. B. Vajpayee resigned due to this.
State Executive
● Organisation of State Executive: Part 6
● State Executive composed of Governor (executive power, constitutional head
of the state), CM & council of ministers
● Advocate General of State (not Attorney General).
● Bicameral states: TUMBAK- Telangana, UP, Maha, Bihar, AP, Karnataka (6
states) - Legislative Assembly and Legislative Council. AP has passed a bill to
remove LC. Earlier JK had.
● ⅙ of the members of LC are nominated by the Governor.
● 60 < no. of members of LA < 500
● 40 < no. of members of LC < (no. of members of LA)/3
● UP - largest seats - 463
● Age - LA: 25; LC: 30
● Term - LA: 5 years, LC: 6 years.
● Largest seats in LA: UP; Smallest seats in LA: Goa
● How to abolish: Special majority (⅔ of members present) has to pass to the
Parliament;
● The Legislative Council of a state can be created and abolished by the Parliament on
the recommendation of the concerned state legislative assembly.
● ⅓ members of LC retire every 2 years.
● CM/MLA: min. Age is 25 years
● Governor: Constitutional head of the State, link b/w centre and state, appointed
by the president, appoints ministers on the advice of CM, executive actions of
the state are formed in his name.
● Min. 35 years old
● Tenure: 5 years
● Appointed and answerable to the PoI
● Only thing that he can do on his discretion (independent of ministers) is to
recommend the President's Rule (Art. 356).
● Governors can’t be from the same state.
● The President appoints HC & SC judges. The Governor gives oath to HC
Judges. The President gives oath to SC Judges.

S.No. Appointments Administered Oath of Office by

1. President Chief Justice of India or in his absence the senior
most Judge of the Supreme Court.
2. Vice President President or some person appointed on that behalf by
the President.
3. Judge of Supreme President or some person appointed on that behalf by
Court including the CJI the President.
4. Governor Chief Justice of the High Court or in his absence
senior most Judge of that court.
5. Minister in Union President
Council of Ministers
6. Members of the Pro-term Speaker
Parliament
6. Comptroller & Auditor President or some person appointed on that behalf by
General the President.
7. Member of Parliament President or some person appointed on that behalf by
the President, mostly a Pro-Term Speaker
8. Member of Legislature Governor or some person appointed on that behalf by
of State the Governor.
9. Minister in State Governor
Council of Ministers
10. Judge of High Court Governor or some person appointed on that behalf by
him.

● Governor: Art. 153-161

○ There shall be a Gov. of state: Art. 153
○ Governor appointment by the President: Art. 155
● Chief Minister and Council of Ministers: Art. 164-167
● Advocate General of State: Art. 165
● Governor: Constitutional head of the government, Chancellor of State
Universities
● Only a president can remove a governor; one person can become the governors of
two or more states
● Gov. appoints State Election Commission, PSC Chairman and State Finance
Commision: Art. 243
● Gov. → Veto Power: sends a bill to the president for reconsideration.
● Art. 213: ordinance making power of governor.
● Lieutenant Governors in UTs. Governors in States.

➔
➔ UP - largest seats - 463, WB - 294 seats, Kerala - 140
➔ Learn about the no. of seats of the states that recently had elections.
 ○

Judiciary
● Supreme Court: Part 5
● SC established on 26 Jan, 1950
● The power to increase the no. of judges in SC vests with the parliament
● SC: Custodian of the Constitution of India
● The Supreme Court of India has Original (guardian of constitution), Appellate
(highest appeal court), Writ (Const. remedies) and Advisory jurisdiction
(president can seek advice).
● Art. 50: Executive will not interfere in Judiciary (DPSP, Part 4)
● Single integrated judicial system: SC→ HC(25 HCs)→ lower courts.
● 25 HCs in India
● Art. 124(1): SC with CJI
● Total 34 judges including CJI.
● HC and SC judges are appointed by the president, technically.
Actual: 1998 (3rd Judges Cases) → Judges of SC and HC will be appointed by a
Collegium - 5 most senior most SC judges. They sent the appointments to the
President. So, essentially, judges appoint judges.
No mention of Collegium in the original system.
99th Amendment, 2014 - NJAC - equal representation of govt. and judges; SC
cancelled the amendment.
● HC judge oath ←> Governor of the concerned state
● SC judge oath given by CJI
● Both HC and SC judges tender resignation to the PoI
● 65 years: retirement age
● Harilal Kania - first CJI
● Justice Anna Chandy: first female judge of India/commonwealth countries
● Justice Fathima Beevi: first female judge of SC of India (from Kerala)
● Justice Mary Thomas: a judge of Kerala HC
● Justice Leila Seth: first woman judge of Delhi HC; first woman to become CJ of
a HC (Himachal Pradesh)
● CJI oath ←> President
● CJI gives resignation to the PoI
● PoI removes/appoints SC/HC judges
● The PoI gives resignation to the VP
● 48th CJI: NV Ramana (latest)
● 47th CJI: Sharad Arvind Bodbe
● Qualification for SC Judge
○ Judge of HC court for 5 years or HC advocate for 10 years.
 ○ Should be a distinguished jurist (learned person) in the opinion of the
president.
○ No min. age bar
● Tenure of SC court:
○ Can hold office until 65 years.
○ Resignation given to the president.
○ Impeachment: ⅔ majority in either one of the houses.
Powers of SC
● Original Jurisdiction - Art. 131
○ Only SC can decide the disputes between
■ centre and one or more states,
■ centre and one or more states on on side, and one or more states
on the other side, and
■ between two or more states.
● Writ Jurisdiction: Art. 32 (SC) and Art. 226 (HC).
● Appellate Jurisdiction: Court of appeal against the judgement of the lower
courts.
● Advisory Jurisdiction: Art. 143 authorises the president to seek the opinion of
the SC. SC can also deny it.
● Judicial Review: To examine the constitutionality of legislative enactments and
executive orders of the central and state government.

HC
❖ Art. 214: HC of states
❖ 25 HCs. AP is the recent state to have the HC. Amravati to Kurnool.
❖ Calcutta HC: oldest in India
❖ Guwahati HC: largest no. of benches
❖ No one above 62 years cannot be appointed as HC judge.
❖ Qualification:
➢ 10 years of experience in district courts as judge, or
➢ 10 years of experience as an advocate in any HCs.
❖ Oath given and appointed by the Governor
❖ HC/SC judge sends resignation to the president.
❖ District judges are also appointed by the Governor.
Panchayat Raj
● National Panchayati Raj Day: 24th April (Sachin’s b’day)
● 73th and 74th Amendment, 1992, - 11th and 12th Schedules were implemented;a
3-tier system came into existence.
● Part 9: Panchayats
● Part 9A: Municipality
● Schedule 11: Panchayats
● Schedule 12: Municipalities
● Came into existence on 24th April, 1993 - Panchayati Raj Day.
● Art. 40 (DPSP part 4): organisation of panchayats.
● Balwant Rai Mehta - Architect of Panchayati Raj
● 1957: National Development Council - committee headed by BRM - 3 tier system;
2-3 rural areas combined as a panchayat → multiple panchayats: Taluk/Block/Mandal (or
Panchayat Samiti) → Multiple Taluks: Zilla Parishad
● Ashok Mehta Committee - 2 tier structure → not used.
● Panchayat Raj system - first adopted by Rajasthan in Nagaur dist. on 2nd Oct.
1959 (Gandhi Jayanti).
● Arya Rajendran - youngest Mayor (Tvm).
● 1/3rd total seats reserved for women; 21 years: min. age limit; reservation of
SC and ST based on proportion to their population (can be increased by state).
● 74th Amendment - District Planning Committee.
● 11th Schedule: 29 subjects for Panchayat Raj; 12th Schedule: 18 subjects.
● The Central Finance Commission is constituted by the President under Art.
280 of the Constitution, mainly to give its recommendations on distribution of
tax revenues between the Union and the States and amongst the States
themselves.
● Art. 243I: Governor constitutes a State Finance Commission (SFC) every 5
years, distribution of money between state and panchayat.
● The State Election Commission, appointed by the governor, conducts
these elections.

●
Constitutional Amendments
● Art. 368 of Part 20
● Idea taken from South Africa
● 104 amendments as of now
● Amendments can be introduced in LS and RS; joint sitting is not allowed
● Types of Amendments
○ Simple majority of the parliament
○ Special majority of the parliament (⅔)
○ Special majority of the parliament + ratification of half of the state legislature
● 1st Amendment Act, 1951: Added 9th Schedule to protect land reform and other laws
included in it from judicial review.
● 7th Amendment Act, 1956: Reorganisation of states based on linguistic basis, and
introduction of UTs. First state on this basis: AP
● 24th Amendment Act, 1971: Amend any part of the constitution including
fundamental rights.
● Kesavananda Bharati Case, 1973: Basic structure of constitution cannot be changed
● 42nd Amendment Act, 1976:
○ Called as mini-constitution
○ Enacted during Emergency (1975-77)
○ Added Socialist, Secular, Integrity into constitution
○ Fundamental Duties added - Part 4(A), Art. 51(A)
○ Rajya Sabha term increased to 6 years
○ Central govt. controlled state police, used central armed force in state
○ President cannot sent back bill
● 44th Amendment Act, 1978: Right to property (Art. 31 and Art. 19(f)) deleted. Now it
is in Art. 300 - a legal right, now
● 52th Amendment Act, 1985: Defection to another party after elections made illegal
● 61th Amendment Act, 1989: Voting right 21 → 18
● 73rd and 74th Amendment Act, 1992: Added Part 9 and 9A - about panchayats and
municipalities
● 86th Amendment Act, 2002: RTE for 6-14 children - in Art. 21(A)
● 91th Amendment Act, 2004: No. of ministers < 15% of Legislative members
● 99th Amendment Act, 2014: National Judicial Appointment Commission - SC
cancelled this.
● 101th Amendment Act, 2017: GST (goods and services tax) since 1 July, 2017
● 102th Amendment Act, 2018: Constitutional status for National Commission for
Backward Classes
● 103th Amendment Act, 2019: EWS (10% reservation)
● 104th Amendment Act, 2020: Extended the reservation of SC and ST in LS and LA
for 10 more years. 2 LS seat and 1 LA seat for Anglo-Indian community abolished

Important Articles
Article Remark
1 Name and territory of the Union

3 Formation of new states,

alteration of areas, boundaries
and names of the existing states

14 Equality before law

15 Prohibition of discrimination 15(6) and 16(6) combined in 103

Amendment Act; EWS.
16 Equality for employment

17 Abolishment of Untouchability

18 Abolishment of Titles

19 Right to Freedom (6) 44th Amendment Act, 1978: Right

to property (Art. 31 and Art. 19(f))
deleted. Now it is in Art. 300 - a
legal right, now

21 Protection of life and personal

liberty

21(A) RTE 86th Amendment

23 Prohibition of trafficking and

forced labour

24 Prohibition of Child Labour

32 Remedies for enforcement of

Fundamental Rights - writ

39A Equal justice and free legal aid

40 Organisation of village panchayat

- Gandhian Principle

44 Uniform Civil Code (only

implemented in Goa)

50 Separation of judiciary from

executive

51` 11 Fundamental Duties 42nd Amendment, 1976 added

Part 4 A.
86th Amendment, 2002 added
one more Fundamental Duty to
the list.

52 The President of India

54 Election of the President

74 (1) The PM and ministers advise the

 President, and the President shall
act in accordance with that
advice. The President can send a
bill for reconsideration. 2nd time,
has to sign.

76 Attorney General of India

79 Constitution of Parliament

80 Composition of Rajya Sabha

81 Composition of Lok Sabha

93 Lok Sabha Speaker

108 Joint Sitting of Parliament

110 Definition of Money Bills

112 Annual Financial Statement -

Budget

123 Power of the President to

promulgate (announce)
ordinances during recess of
parliament

213 Power of the Governor to

promulgate ordinance

148 CAG

248 Residuary Power

280 Finance Commission

324 Election Commission of India -

Superintendence, direction and
control of elections

343 Official Languages

352 National Emergency

356 State Emergency - President’s

rule

360 Financial Emergency

368 Powers of Parliament to amend

the constitution

370 Special provision of J&K Now removed.

35 A - Special powers to the
residents of J&K
Constitutional Bodies
● Statutory Body, Advisory Body, Regulatory Body, Constitutional Body
● Attorney General of India (K.K. Venugopal)
○ Art. 76
○ Highest law officer in the country
○ Appointed by the president
○ Deputy: Solicitor General (Tushar Mehta)
○ No fixed term, till the govt./president is happy
○ Should be qualified to be appointed as a judge, no fixed age
○ Right of audience, can take part in any LS/RS meeting, but cannot vote there
● CAG (G.C. Murmu)
○ Art. 148
○ Guardian of the public purse
○ Appointed by PoI by a warrant under his hand and seal
○ Holds office until 65 years or 6 years, whichever is near
○ Removal same as that of SC judge
● Advocate General of the State
○ Art. 165
○ Appointed by the Governor of the state
○ Highest law officer in a state
● Inter-state Council
○ Art. 263
○ For coordination between states
○ Only advisory role, and not binding
● Finance Commission
○ Art. 280
○ Chairman (15th - NK Singh) + 4 other members
○ 1st FC chairman - K Neogi
○ HC judge or its qualification, knowledgeable in economics
○ Distribution of taxes among states
○ If grand needed by any state - allocates
● Election Commission
○ Art. 324
○ Permanent and Independent body
○ MP + MLA + President + VP
○ Sukumar Sen - first CEC
○ Sushil Chandra
○ President appointed
○ CEC + 2 ECs

Non-Constitutional Body
● NITI Aayog
○ No article, not in constitution.
○ Formed on 1 Jan, 2015
 ○ Narendra Modi, (Chairperson)
○ Rajiv Kumar, (Vice Chairperson)
○ Amitabh Kant , IAS, (CEO)
○ National Institution for Transforming India
○ Comprises of PM - chairperson & Governing council (CMs of states and Lt.
Governors of UTs of India)
○ Advisory body, think tank
○ Policy making institution
○ Called Planning Commission before
○ Promotes cooperative federalism

Subodh Jaiswal - new CBI director