Polity by Babu Sir

Theory

Important Topics for Mains to be Noted
1. Ordinance Making Power of President and Governor
2. Question Related to Separation of Power
3. Questions on Conflict between Executive & Legislature
4. Judicial Intervention in Executive & Legislature
5. All Pardoning Powers
6. Emergency Powers
7. Governor - Each and Every Part No Matter What combined with Centre State Relations
8. Art 142 - Extra Ordinary Power of Supreme Court
😎Extra Concepts
- Resolution, Bill, Motion
  1. Bill - Legislative Proposal
  2. Motion - Not Necessarily Put to Vote
  3. Resolution - It is necessarily Put to Vote
- Timing of No of Parliamentary Sessions in a Year
  - Summary
  1. No Mention of How Many Minimum No of Session in a Year in the Constitution
  2. The Constitution Only Says that there shall be no TIME GAP OF NOT MORE THAN 6 Months
  3. As a Conventional Practise 3 Sessions are Done. There is no Mention in the Constitution itself
    1. Budget Session
    2. Monsoon Session
    3. Winter Sessions
  4. Recess : Break between Two Sessions
  5. Adjournment :
    1. Temporary Breaks in Between the Session
    2. Temporary Break : Definite Break
      1. Hour
      2. Days
      3. Week
    3. Done by the Chairman of the House
  6. Adjournment Sine Di :
    1. Temporary Breaks in Between the Session
    2. Temporary Break : Indefinite Break
    3. Presiding Officer will pass adjournment Sine Die, when all the tasks are over
    4. This Serves as an Indication to the President that work of parliament is over, taking cue from Adjournment Sine Di President calls for Prorogation of House
- Art 100 Article → When there is No Specific Majority Mentioned ?
  
  Whenever there is no Specific Majority is Mentioned, it has to considered as a Simple Majority
- Extra
  - Parts 5 (Art 52 - Art 151) - The Union
    - Chapter 1 - Executive (Art 52 - Art 78)
      - 1 President Art 52 - Art 62
      - 2 Vice President Art 63 - Art 71
      - 3 President Power Art 72 - Art 73
      - 4 CoM Art 74 - Art 75
      - 5 AGI Art 76
      - 6 Govt Business Art 77- Art 78
    - Chapter 2 - Parliament (Art 79 - Art 122)
    - Chapter 3 - Legislative Powers of President (Art 123)
    - Chapter 4 - Union Judiciary (Art 124 - Art 147)
    - Chapter 5 - CAG (Art 77 - Art 78)
  - Part 6 (Art 152 - Art 237) - The States
- One Man One Vote One Value - in Lok Sabha
- Art 143 - President can refer matters to Supreme Court
- A Single Constitution Can Amend ?
  
  A Single Constitutional Amendment Act can change and amend many provisions in the constitutions
- AFSPA
  1. Implemented in Disturbed Area, Army is sent to aid the Civil Administration
  Civil Administration Still is in Action
- Three National Emergencies in India
  1. 1975 - 1976 - Time of Third National Emergency
- Principle of Natural Justice
  1. No Person can be the Judge of his own case
    1. Sometimes Judges recuse themselves from hearing some cases
    2. All Parties should be given equal opportunity before passing the order
- Supreme Court Process
  1. A Supreme Court Bench can over rule its predecessors Judgement by having a Larger Number of Bench.
  2. Example : Berubari Union Case 7 Judge Bench over rides KBC’s 13 Judge Bench.
- Difference Between Referendum & Plebiscite
- Latest No of Amendments to the Constitution
  - 105th Amendment in January 2022
  - This Numbering of 1 to 105 is done under Art 368 only
- Difference Between Ratification & Notification
- Joint Sitting of Houses
- Difference between Commission & Committee
  - Commission - Independent - External
  - Committee - Sub Set of Parliament - Internal
- Types of Bodies
  
  Constitutional
  
  Statutory
  
  Extra Constitutional
- Difference Between PIO & NRI
- Concepts of PIO & OCI
  
  💡 NOTE : PIO & OCI are NOT CITIZENS OF INDIA
- Illegal Migrant
  - Enters without Legal Document
  - Stays for Extra Time in India w/o Permission
- Meaning of Landmark Cases
  
  Those cases which have laid down a new principle for the interpretation of the constitution
- ILP - Inner Line Permit System
  1. RR of Rt to Free Movement of Internal Citizens
  2. ILP - Quasi Visa System
- Ninth Schedule Amendment is Done by
  1. Special Majority
- SC ST Reservation in Lok Sabah for Nomination or Not

Layout of India
1. Only State to be Demoted from State to UT - Jammu & Kashmir
2. Daman & Diu and Dadar and Nagar Haveli - have been Combined
3. In a World of 2 India
4. You don’t choose the Village Parliament, You are the Village Parliament - Gram Sabha
JUDICIARY - INDEPENDENT & INTEGRATED
1. Higher Judiciary - Collegium Process, by the Judges for the Judges
2. Lower Judiciary (From District) - Recruited by State, Interview taken by HC Judges of State
Majorities in Indian Constitution 1
- Analogy
  1. Batch of Students on 5 Aug = 100 - ABSOLUTE ATTENDANCE - Which Subject to Start with ?
  2. Withdrawn on 15 Aug = 20
  3. Effective Students = 80 - EFFECTIVE ATTENDANCE - Whether Teacher is Good or Not ?
  4. on 15 Jan 22 = Present in Class = 50 & ask u the question - Can we take 15 minutes Extra
    1. 20 - Didn't wanna Answer
    2. 30 - Wanted to Answer the Question - SIMPLE - PRESENT & VOTING -
- Parliamentary Majority
  - Basic Rules
    1. Tougher Decision Requires Tougher Majority
    2. Parliamentary Majority is Who to Ask What Questions ?
  - Usage of Parliamentary Majority in ⇒ Part + Legislature
    1. State - 28 - SLA + SLC
    2. UT -3 - UT LA
  - Types of Votes
    - Yes
    - No
    - Abstain - Present & Not Vote
      1. Why Allowed to Not Vote ? Explained by Example
      2. Ex - Voting of Farm Laws in LS
      3. You are a BJP MP from Punjab - You have Objection to Farm Laws
        
        Vote Yes - Proves Loyalty to BJP but Betray the Constituency
        
        Vote No - will uphold the trust of Constituency but BJP will be Betrayed
      4. Hence Solution is - Silence i.e Freedom of Speech is Freedom of Silence
      5. Example : China abstains from many votes in UNSC against Pakistan
      6. Example : Russia abstains from Many votes in UNSC against Iran/Iraq
  - Imp Note
    
    All these Terms haven’t been used in the Constitution, it only puts down the Procedure
    
    The above terms are our Innovation
  - Tough 💪 to Easy 😌 - Use More than 1/2 of Figure
    
    Note : Simple is Sub Set of Effective is Sub Set of Absolute Majority
    - Absolute Majority - Political Majority
      1. Used Only & Only to Establish Majority in Lower Houses, Hence used in Lok Sabha & Vidhan Sabha By Extension being used in Local Self Government
      2. Figure : > 1/2 of Total Strength of That Specific House
      3. Used at time of Govt Formation
        
        LOK SABHA
        
        LS : > 1/2 * 545 = 273
        
        545 → 543 ( Anglo Indian Nomination Removed )
        
        Whichever Party gets Majority in LS decide who gets to be the Minister ; that doesn't mean minister will be necessarily from LS it can be from RS
        
        Current Lok Sabha - 17th Lok Sabha 2019-2024
        
        BJP Coalition - NDA National Democratic Alliance but useless due to BJP having absolute majority of 303
    - Effective Majority - To Remove Presiding Officers of Houses
      - Presiding Officers
        
        LS - Sp + Dy Sp
        
        SLA - SP + Dy Sp
        
        UT - Sp + Dy Sp
        
        SLC - Sp + Dy Sp
        
        RS
        
        RS - Vice Chaiperson
        
        PARTIALLY REMOVE ONLY → RS - Chairperson ( VP of India
        
        Here Both Houses Participate
        
        First in RS Removed then LS Removed
      - Effective Majority depends on Effective Strength
        
        Effective Strength = Total Strength - 3 ( Death+Disqualified+ Resigned )
      - Feature : > 1/2 of ES(House)
      - Example
        
        To Remove Lok Sabha Speaker
        
        Current Strenghth of LS - 543
        
        Dead MP - 20
        
        Resigned MP - 3
        
        Disqualified MP - 20
        
        Total DDR - 43
        
        Effective Strength ⇒ LS-DDR ⇒ 543-43 = 500
        
        Effective Majority = > 1/2 * 500 ; Hence Effective Majority is 251
    - Simple Majority - Jitne Aaye Hain Unse Poocho, Simple
      1. Used in All Houses - LS, RS, SLA, SLC, UT LA
      2. Purposes
        
        Pass Laws which are NOT Constitutional Amendments
        
        For all Parliamentary Motion
        
        No Confidence Motion - Koi Bhi Emotion Motion - Bas Notion Rahe Naam ke Saamne
      3. Hence, Simple Majority - Default Majority - If not mentioned then Default Majority it is
      4. Figure : > 1/2 of Present & Voting
  - Easy 😄 to Tough 🤯 - Use More than 2/3 of Figure
    - using a Higher Fraction cause it is Symbolic that it will affect the
      1. Federal Structure
      2. Institutions
      3. CS Impact
      4. Functionaries
    - Special Majority 1 - Resolution/Permission Majority
      1. Only in RS/SLA
      2. Resolution / Permission Majorities : colloquial term
        
        RS has some special powers like
        
        authorise the parliament to make a law on something that is state list
        
        add or subtract an all india service
        
        certain emergencies to approve
        
        Requesting SLC by State Govt
      3. Figure : > 2/3 of Present & Voting
    - Special Majority 2 - Only in LS & RS
      1. Only used in LS & RS ; not in State/UT
      2. Usage :
        
        To Pass a Certain Type of Amendment
        
        To Remove Certain Functionaries
        
        SC Judge, HC Judge, CAG etc
      3. Basic Funda : कम से कम इतना वोट तो आना ही चहिये
      4. Figure :
      5. Example to Remove a SC Judge
        
        Example 1 - Judge Not Removed
        
        Only Par LS/RS ( Separately will sit and do ) by Spl Maj 2
        
        LS Total Strength 545
        
        on 15 Jan 2022 : 360 MP Present
        
        Only and Only 270 MP - Have decided to Vote
        
        Other 90 - Abstain
        
        Hence P&V : 270
        
        Special Majority 2 is :
        
        2/3 of P&V = 2/3* 270 = 180
        
        this 180 SHOULD BE > 1/2 of TS of HS (LS) 545
        
        1/2 of 545 - 273
        
        Hence 180 is not greater than 270
        
        Hence it will not pass
        
        Example 2 - Judge Removed
        
        TS LS : 545
        
        MP Present : 500
        
        P&V : 480
        
        Hence > 2/3 of 480 = 320
        
        320 > 1/2 of TS LS
        
        320 > 273
        
        Hence Judge will be removed
    - Special Majority 3 - Extension to Special Majority 2
      1. Only used for ONE PURPOSE - For a Specific Type of Constitutional Amendment
      - Step 1
        
        Only & Only in LS & RS
        
        In LS - like Special Majority 2
        
        In RS - like Special Majority 2
        
        Once LS & RS SEPARATELY pass the Bill
        
        This Bill will be sent to all 31 Legislatures
      - Step 2 - Sate Ratification Process
        
        Across All SLA (28) inc UT W.L (3) = 31 Legislatures
        
        Out of these 31 Legislatures → 1/2 of these 31 i.e 16 Legislatures → will have to pass the same law using simple majority
    - Special Majority 4 - Only in LS & RS
      1. used in LS & RS Separately ; not in State Legislatures
      2. Usage : Only & Only to remove Hon. President of India
      3. Figure : > 2/3 of that Specific House
        
        LS : > 2/3 of LS 545 = 273
        
        RS : > 2/3 of RS 245 = 123
Majorities in Indian Constitution 2

| Majorities | Remarks | Keep in Mind | | --- | --- | --- | | Simple | 1/2 of Present & Voting | How Many Pre & How Many Voting | | Absolute | 1/2 of Total of House | Remember Total Strength of RS & LS | | Effective | 1/2 of Effective (Total - Death Disqualify Resign) | How Many Death Disqualify & Reisgned | | Amend Constitution | Federal Strcuture NOT Altered NOT <2/3 of P&V) && (1/2+1 of Total Strength of Each HouseFederal Strcuture AlteredNOT <2/3 of P&V) && (1/2+1 of Total Strength of Each House&&>1/2 of State Ratification by Simple Majority | | | Impeachment of Prez | NOT <2/3 of P&V | |

Type of Majorities in India
- Simple Majority
  1. Definition : It is the Majority of Members, Present as well as Voting
  2. You need to Know : How Many PRESENT ? && How Many VOTING ?
- Absolute Majority
  1. Definition : It is the Majority of Total Membership of House
  2. Just Half of Total Strength + 1
- Effective Majority
  1. Definition : It is the Majority of Effective Membership of the House.
  2. Effective Membership = Total Membership ( Strength of House ) - Vacancies ( Death Disqualify Resign )
  3. Total Membership = Total Strength of House
  4. Vacancies = Death + Disqualification + Resignation
  💡 ***Absolute = Effective*** → when ***Vacancy = 0***
- Special Majority (4)
  1. Apart from above mentioned Majorities i.e Simple, Absolute & Effective Majorities. All other Majorities are denoted by a Common Name i.e Special Majority
  2. However, There are Different Types of Special Majority under Constitution for Different Purposes
  - Constitutional Amendment - Has Two Conditions
    1. Condition 1 - There Should be a Yes by - NOT LESS than 2/3rd of Members Present & Voting
    2. Condition 2 - Absolute Majority of the House
    3. Example : Satisfying Both Conditions
      1. Total Members = 543
      2. Present = 500
      3. P&V = 450
      4. in Favour = 300
      5. in Against = 150
    4. Example : Not Satisfying Both Conditions
      1. Total Members = 543
      2. Present = 500
      3. P&V = 300
      4. in Favour = 200
      5. in Against = 100
    5. State Ratification Needed in Amendments which alter the Federal Structures of the Constitution
  - Impeachment of President - Has One Condition
    1. Condition 1 - Yes by - NOT LESS than 2/3rd of Total Membership of House
    2. Example :
      1. LS : 2/3 of 543
      2. RS : 2/3 of 245
Application of Majorities to Law Making in India

There are only & only two kinds of Laws in India
List of Schedules
- What is a Schedule
  1. Placed in Back of Constitution
  2. To Maintain Continuity & Organisation
  3. It is like a Appendix
- Summary
- Schedule 01 - States & Territories
- Schedule 02 - List of Allowances Granted to Various Offices within Government of India
- Schedule 03 - List of Oath for Various Dignitaries
- Schedule 04 - List of Seats of Rajya Sabha
- Schedule 05 - Protect Interest of ST Art 244(1)
- Schedule 06 - Protect Interest of ST Art 244 (2) - North East 4 States
- Schedule 07 - Union State & Concurrent List
  1. It Provides for 3 Lists
  2. It is example of Division of Powers
  The Lists are
  1. Union List - 100 - Power of Parliament
    
    Defence, Home Affairs, Foreign Affairs, Insurance, Banking
  2. State List - 61 - Normally within the Power of State Legislature
    
    Police, Law & Order, Health
  3. Concurrent List - 52 - Concurrent Power of Both Parliament & State Legislature
    
    Forest, Wild Life
  Total Subject Matters : 213
- Schedule 08 - 22 Scheduled Languages of India
- Schedule 09 - Safety from Judicial Review of Constitutional Amendments
- Schedule 10 - Anti Defection Law
  1. Added by Second CAA
- Schedule 11 - Panchayats Items
- Schedule 12 - Municipalities Items
Part 20 (Art 368) - Amendment of the Constitution

Power & Procedure of Parliament to amend the Constitution
- Some Important Questions
  - Who can Introduce a Bill ?
    - Either a Minister
    - Private Member
  - Do they have to take Prior Permission from President ?
    
    No Not under Art 368
  - Do they have to take Permission from Chairman of the House ?
    
    Yes, a Mere Formality
    
    in LS : Speaker
    
    in RS : VP
  - Can it be Introduced in any house ?
    
    Yes, in either LS or RS
- Types of Constitutional Amendments
  - Bill tries to Amend - Non Federal Provisions - Doesn’t Change Power Balance b/w Centre & State
    - Procedure
      1. Bill has to be Introduced (by any MP) - Subject Matter is to Amend the Constitution
      2. Introduced in & Passes to → LS/RS || RS/LS
      3. It should gain Special Majority
        
        </ 2/3rd Members Present & Voting
        
        Absolute Majority of House Needed
      4. President has to Give the Assent ( No Veto ) - It was made mandatory for the President to give assent to the bill by 24th CAA, 1971
  - Bill tries to Amend - Federal Provisions - Changes Power Balance b/w Centre & State
    - Procedure
      1. Bill has to be Introduced (by any MP) - Subject Matter is to Amend the Constitution
      2. Introduced in & Passes to → LS/RS || RS/LS
      3. It should gain Special Majority in both the Houses Separately
        
        </ 2/3rd Members Present & Voting
        
        Absolute Majority of House Needed
      4. Then it is Sent for Ratification by the State Legislature
        
        <1/2 of State Legislatures Accept it, its Enough
        
        i.e 28 States - 14 State Legislatures have to Ratify them
        
        State Legislature - Simple Majority
        
        State Legislative - Simple Majority
      5. President has to Give the Assent ( No Veto ) - It was made mandatory for the President to give assent to the bill by 24th CAA, 1971
    - Example
      - Art 246
      - Schedule 7

Basics of Polity & Indian Constitution
- 4 Golden Rules of Indian Polity
  - 1 Democratic Mandate
    1. Mandate : Authority given to a Person to do something
    2. Analogy - Eligibility of Atish Sir to Teach Polity, is the Mandate of Atish Sir
    3. Rule Says
      1. in Order to Perform any advanced or higher democratic function one must have some form (direct or indirect) of a Democratic Mandate - Corollary also true.
      2. D(f) → D(m) && Corollary 0> XD(f)→ XD(m)
    - Examples
      1. to be a Minister you have to be a MP - Simplest Application D(m)
        
        Either at time of becoming MP
        
        but within 6 months you have to be a MP either e/n && either in LS (IDD DE) / RS (IDD IDE)
        
        Example : Manmohan Singh, Arun Jaitley, S Jayshankar
      2. Rajya Sabha MP → elected by respective SLA → that SLA - SLA(MLA)e must be elected && SLA(MLA)n nominated not allowed
      3. Prez Elected by → (LS + RS + SLA)e → Nominated Members of RS & SLA & LS → DON’T Participate in a Presidential Election
      4. Ordinance Powers of Centre(Art 123) and State(Art 213)
        
        Ordinance is a Temporary Law drafted by Council of Minister Directly Sent to President for Signature when Parliament is not in Session
        
        The Term “Temporary Law” is the Application of Democratic Mandate
        
        CoM - Draft the Ordinance - in Absence of Parliament, CoM is the best Next Mandate
        
        President - because he has been democratically elected by LS & RS & SLA
      5. Advice & Suggestion given by Bodies like CAG etc → are NOT Binding → cuz they are appointed authority and not elected → Hence don’t have the mandate
      6. Even Recommendation of Parliamentary Committee → is NOT Binding → cuz it will violate the democratic mandate of Parliament
  - 2 Federal Balance
    1. About Centre and State
    - Analogy
      1. Family Dynamics → Younger and Elder Sibling → Indian Family Scenarios ELDER SIBLING (CENTRE) have the FR to Dominate YOUNGER SIBLINGS (State)
      2. Make a Face && Threaten to Parents → Toffee to make feel good → Superficial Condolence → Toffee Wrapper has Stones 😂
    - Steps
      - Step 1 : C > S ( Centre will do something to overpower the States )
      - Step 2 : Candy to States to Compensate the States
      - Step 3 : Hollow Candy (Hollow Appeasement)
    - Examples - States ka Katna Tay Hai
      - Territory
        
        C>S → All Territorial Rules power are with Centre and State has no say in the matter whatsoever
        
        Candy → President refers the Law to concerned State Legislature for their opinion
        
        Hollow Candy → Centre has to ask, but not bind to agree or implement their view
      - State Legislative Council
        
        C>S → Parliament authorises the creation of SLC in the state
        
        Candy → Parliament can only create SLC, if State SLA has requested for a SLC (Special Majority 2)
        
        Hollow Candy → Just because SLA has asked, C will not give SLC to S.
        
        Ex : Sikkim asking for SLC since last 2 decades
        
        Ex : WB Bengal asking for SLC for safe passage for key functionaries
      - All India Services - IAS + IPS + IFoS
        
        C>S
        
        Recruited and Removed by Centre but work for States & States pay for your training
        
        States didn't want this because they had their PSC with them
        
        Recruiting a Bunch of Officers and compulsory sending them to the states ; states don’t have the choice
        
        Candy → Increase / Decrease of AIS, LS can do it, but RS has to authorise LS for the same ( as RS is representative of states) & this will affect States as well
        
        Hollow Candy → Just because RS has said yes, its not sure if LS will accept it or pass it.
      - Appointment of Governor
        
        C>S : Recruited by (C) && Removed by (C) but Governor HAS to work at (S)
        
        Candy → as per constitution Governor has more discretionary powers than President
        
        Hollow Candy → Governor has been appointed by the president on advice of CoM but whenever governor uses his discretionary power against the Centre ; centre by means of president can remove him.
  - Prelude to 3 & 4
    1. Everybody believes that they are powerful - Origin of Separation of Powers (SOP)
  - 3 Separation of Powers (2)
    - Inter SOP - Between L ↔ E ↔ J
      1. Conduct of Supreme Court Judge cannot be discussed on the floor of parliament
    - Intra SOP - Inside LEJ → L (RS/LS) && E (EE-m && PE-b) && J (SC HC LC)
      1. Except for Ministers, LS & RS MP can only sit in the houses they belong
  - 4 Checks & Balances (2)
    - Inter C&B - Between L ↔ E ↔ J
      1. Supreme Court Judge can be removed only by Parliament
    - Intra C&B - Inside LEJ → L (RS/LS) && E (EE-m && PE-b) && J (SC HC LC)
      1. Judgement of SC is binding on all Lower Courts
- What is a Constitution
  
  Countries, Political Parties, Corporates have Constitution
  
  Constituion is Necessary but not Sufficient
  
  A Constitution is the most basic but highest Law of the Land. All the Other Laws in the Country in order to be valid must be as per constitution.
  
  A Constitution provides a framework for the Governance of the Country. It gives the structure of State, Its organs of state, their Functions, Powers and Limitation on these powers.
  👨‍🏫 Organs of State Are
  1. Legislature → Legislate Make Laws
  2. Executive → Execute & Implement
  3. Judiciary → Interpret Judiciary & Deliever Justice
- Does having a Constitution Ensure Constitutionalism ?
  
  It is more difficult to run a constitution than to frame one. Constitutionalism refers to the degree or extent to which a country is governed according to its constitution.
  
  A country may have a written constitution but little constitutionlaism where as a country with unwritten constitution may have high constitutionalism
- Written Constitution & Unwritten Constitution
  
  An Unwritten Constitution is one whose provisions have not been codified into a Single Legal Document.
  
  Example : UK, Israel, Newzeland
  
  In India SC and HC by their power of Judicial Review Ensure that India has high levels of constitutioanlism
- Judicial Review (from USA)
  
  In India the Power of Judicical Review is Availaible Implicitly to SC in Art 32 and to HC under Art 226 but not to Sub Ordinate Courts
  
  Power of Judicial Review Means the Power of Court (SC&HC) to declare any law policy or order (whether central or state) as null and void if it contravenes any provision of constitution to the extent of such contravention ( Jis Had Tak Galat Hai Sirf us had tak, not poora)
  
  SC & HC → Can Declare Null and Void of both Parliament and State. Can be done Simultaneously in Both Together like one in CG and One in Delhi in SC.
  
  When the court declares a Law as Null and Void it does not suggest any alternative or improvement
  
  While Exersicing Power of Judicial Review the Courts Follow Following Principals.
  
  👨‍🏫 Importance of Comprehension
  Woman without her man, is nothing. Woman without her, man is nothing.
  1. Principal 1
    
    If a Law or Policy has Two Interpretations such that First Interpretation makes it constitutionally valid and the other makes it invalid, Judiciary Shall Consider first Interpretation and declare the Law or Policy as Valid
    
    Thus the Presumption is in the Favour of Constitutionality
  2. Principal 2
    
    👨‍🏫 1. A Proposed Law is a Bill 2. A Passed and Assented(Prez) Bill is a Act 3. Acts come into force in India by Three Ways (Direct Assent, After “x” no of days, on the date specified in the Gazette of India)
    Manmohan Singh in power passed a Act called Whistle Blowers Protection Act, it read that it wil be implemented as in the date specified by Govt of India. Modi hasnt implemented yet
    
    👨‍🏫 **Gazette** of Govt of India is like a Magazine of Govt of India
    
    Judicial Review is not applied on the Laws and Rules which are not Operational
  3. Principal 3
    
    👨‍🏫 Suo Motu - Khud Se - By Self
    
    Example: In IPC, 1860 && Sec 375, Sec 376
    
    Generally SC or HC examine a Law or Policy for its constitutionality only on a petition or reference filed by someone and not Suo Motu
    
    The Power of Judicial Review is Considered to be most Significant Power of Supreme Court w/o which court will not Enjoy Status and Prestige that it currently enjoys
    
    Considering its importance SC decalred Power of Judicial Review as Part of Basic Structure of Constitution
- What is a State ?
  
  A State is a Poiticial Legal Term which refers to a defines Territory, Population, Govt and is Sovereign
  
  The Terms Govt and State Should not be used Interchangebly. Govt is one of the components of State. because Govt is the Instrument to Govern the State. State is Permanent while Govt is Sub to Change.
  
  Difference Between Nation and State from International Relatiosn
- Democracy
  1. Cracy - Rule & Demo - People or Population
  2. It refers to a Political System in which people practise self rule. In Modern times, such a direct democracy is not practically feasible and therefore indirect or Representative Democracy is practised
  3. In this system, People elect their reprensetatives after every few years and these representatives then govern the country
  4. Merits of Democracy
    1. Citizens elect their Government.
    2. Citizens can change governments if unhappy with gocts policies, actions or inactions.
    3. Govt is accountable to the people.
    4. Govt works for welfare of people and hence a democratic govt is also called as a Welfare Govts
    5. Citizens Enjoy Basic Rights and Liberties
  5. Demerits of Democracy
    1. Political & Policy Instability
    2. Good and Bold but Unpopular Decision may not be taken. Ex: Reforming Reservation Policy is needed in India
    3. Slow Decision Making
    4. Minorities May be Ignored
    5. In Democracy, there is no assurance that best persons come to power because citizens do not caste vote only on the grounds of merit
      
      Democracy often goves Birth to Demagogues (A Political Leader is not Necessarily Leader but is good in Mobilising Emotions)
- Theory of Separation of Power
  1. Was Given by a French Philosophers Montesquieu
  2. This Theory Proposes that the Powers of State should be divided into three distincy and separte organs
    
    The Objective of the Theory is to Prevent Concentration of Powers and to prevent the state from working in Authortitarian or Dictatorial Manner
  3. US was the first constitution to adopt this Theory
  4. Constitution of India has also adopted this theory. However India being a Parliamentary Democracy this theory has not been adopted completely like that of US Constitution (Presidential System)
  5. Art 50 (DPSP), which requires the state to separate Judicial Functions from Executive Office. Accordingly Parliament Enacted CrPC (Criminal Procedure Code), 1973 to separate Judicial Functions from District Officers.
    
    However, District Officers still enjoy certain executive magisterial powers like
    1. Insepction of Jail
    2. Issuing Prhobitoty Orders under Sec 144 of CrPC
    3. Granting Parole to Prisoners (Parole is Temporary Leave from Jail)
- Doctrine of Checks and Balances
  
  This concept is a Natural Extension of Concept of Spearation of Powers. It says that every organ of state must exersice, some checks and balances over other two organs of state
  
  This ensures a Balance of Powers amongst three organs and that none of the organ oversteps its constitutional limits
- Federalism
  
  It is a Political System in which the powers of state are divided into two levels of govt.
  
  First Level - Union / Central / Federal / National
  
  Second Level - State / Region / Province / Canton (Switezerland)
  
  Federalism is necessary in countries which are large and diverse, it allows people of different communities to stay together as a nation without the fear of one culture being imposed on others
  
  Features of Federalism Are
  1. Govt at Atleast Two Levels
  2. Division of Powers and Functions between Levels of Government (Union List, State List, Concurrent List)
  3. Division of Revenue and Taxation Powers
  4. Independent Judiciary for the 29 states to resolve dispute between (State and State or State and Centre)
  5. Apart from Lower House or Lok Sabha. There should be a Bi Cameralism → Upper House - Rajya Sabha (Ind) && Senate (USA) → For States Voice
  6. A Written and Rigid Constitution
  7. Federal Provisions cannot be amended by one level of government unilaterally
    
    Constittuion of India does not use the word Federalism in Constitution, it is because of Centrifugal Tendencies Prevailing in Some parts of India at the Time of Independence
    
    Art 1 Describes India i.e Bharat as a Union of States rather than Federation of States
Historical Development to Constitution

Link to the Summary Sheet
- Regulating Act 1773 - COD & Central Administration
  
  Philosophical
  1. The first step towards Central administration
  2. Political and administrative functions of East India Company was regulated, British Crown interference started
  3. To regulate the administration of the East India Company
  Features
  1. Governor of Bengal (Warren Hastings) was made governor-general of Bengal + 4 members executive Council
  2. The Governor of Bombay and governor of Madras were made subordinate to him
  3. Supreme Court established in 1774 in Calcutta = 1 Chief Judge + 3 Judges
  4. The Court of Directors looked after revenue, civil, military affairs and reported to British Parliament/crown/government
  5. Ban on bribe and personal trade by East India Company officials
- Amending Act of 1781 - SC Power
  - Supreme Court Jurisdiction
    1. Supreme Court jurisdiction was removed
      
      ON
      1. Governor general + his Council (in official capacity)
      2. Servants of East India Company
      FROM
      1. Revenue matters
      2. Collection of revenue
    2. Supreme Court jurisdiction remained in
      1. Inhabitants of Calcutta
      2. Muslims Sharia law
      3. Hindu Hindu law
  - Governor General Council Function Changes
    
    Gov Gen of Ben + Council (4) - GG Council → make laws Hear Appeal of provincial courts
- Pitt's India Act 1784 - Dual Government
  - Dual Government was formed
    - Commercial matters - Court of directors (COD)
    - Political matters - Board of Control (BOC) - supervise and direct CMR affairs
  - First time Sovereign authority of crown over EIC
- Act of 1786
  1. Governor general had the power to override decision of counsel in special cases with his responsibility
  2. He was made the commander in chief of East India Company Army
- Charter Act of 1793 - First Charter && GG Structure
  1. Governor generals overriding Council power extended
    1. Future governor general
    2. Governor of other Presidency
  2. Governor general of Bengal was given more power over governor of Bombay and Madras
  3. Trade Monopoly was extended for 20 years
  4. Commander in chief was not from governor general Council
  5. Board of Control fees and salary was to be given from Indian revenue
- Charter Act of 1813 - Transitionary Act && Ban on Monopoly
  1. Trade Monopoly in India ended Tea and Trade Monopoly with China remained
  2. Sovereignty of British Crown over EIC Territory
  3. Christian Missionary promoted to educate and awaken locals
  4. Western education was introduced
  5. Local government could authorise
    1. Impose tax
    2. Punish for non collection of taxes
- Charter Act of 1833
  1. It was the first step towards centralisation
  2. Governor general of Bengal was made
    1. Governor General of India - William Bentick
    2. Was given
      1. Civil military power
      2. Executive legislative power
  3. Of legislative power of Governor General of Bombay and Madras was reduced
  4. Before and after charter act 1833
    1. Before - regulation
    2. After - ATS
  5. Company's commercial operation was ceased company was only administrative body now
  6. Civil services was made open to Indians but COD negative
- Charter act of 1853
  1. Governor general Council function was separated into
    1. Legislative
      1. 6 Legislative Councillors Appointed
        
        4 Indians From - Madras Bombay Agra Calcutta
        
        2 Foreigners
      2. Indian Central Legislative Council similar to British parliament in London was made
    2. Executive
      1. Civil services was made open to Indians by free and fair competition by Recommendation of Macaulay committee of 1854
  2. Companies rule extended by British Crown until further notice
- Government of India Act 1858
  1. Important points to note
    1. Government act
    2. Start of crown rule
    3. Just after the revolt of 1857
  2. Companies power over (civil military revenue) was removed, now it would be in the name of Her Majesty
  3. Governor general of India was made viceroy of India → Lord Canning
  4. Secretary of state was sent to India as
    1. Indian minister of parliament of London
    2. He was a member of British cabinet
    3. He was answerable to British Parliament
    4. SOS had his own 15 member Council
  5. Dual government was ended
- Sequence of GOI Act 1858, 1919, 1935,
- Indian Council Act 1861
  1. Viceroy nominated Indians to viceroys Legislative Council, Indian inclusion was intended after revolt of 1857
    1. 1862
      1. Raja of Banaras
      2. Raja of Patiala
      3. Sir Dinkar Rao
  2. Decentralisation took place
    1. Legislative power of Bombay Madras was restored
    2. Provincial Legislative Council was created
      1. Bengal
      2. Punjab
      3. NWFP
  3. Portfolio system was introduced in Viceroy council in 1859
  4. Ordinance power by Viceroy without concurrence of counsel was allowed
- Sequence of ICA 1861 of, 1892, 1909
- Indian Council Act 1892
  1. Increased non official members in in Central and provincial legislative councils but not in majority
  2. Rights of Legislative Council was increased like budget decision they could ask question but not reject it
  3. Nomination to Legislative Council was introduced
    1. At Centre - by viceroy of India by recommendation of Bombay Chamber of Commerce provincial Legislative Council of state governments
    2. At state level by district board University and trade Association Zamindar noncommercial Chambers
  4. Indirect election was introduced to fill seats of centre and state legislative council
- Indian Council Act 1909 - Morley Minto reforms
  1. Background
    1. Morley was Secretary of state
    2. Minto was viceroy of India
  2. Size of Legislative Council was increased
    1. Centre 16 to 60
    2. State - vary from state to state
  3. Changes in Legislative Council
    1. Central - retained official majority
    2. Provincial - non official majority was allowed
  4. Changes in Powers of Legislative Council
    1. Allowed supplementary question
    2. Allowed to move resolution on budget
  5. Indians in viceroy's executive Council was held at first person to be added was Satyendra Prasad Sinha as law member
  6. Separate electorate was introduced, this had two features
    1. Communal electorate
      1. Hence Minto is called father of communal electorate
      2. Communal electorate meant Muslim member of Council by Muslim voters
    2. This legalised communalism
- Government of India Act 1919 - Montague Chelmsford reform
  1. Background
    1. SOS - Montague
    2. Viceroy - Transport
  2. It was introduced on 20 August 1917
  3. Relaxed Central Control over Provinces Separate and Demarcated Subjects and Budget DYARCHY - Centre & Province could make laws on their subjects
    1. Central
      1. Central List - GG + Executive Council
    2. Provincial
      1. Transferred → Gov + Minister of LC
      2. Reserved → Gov + Executive Council of Governor
  4. Bi-Cameralism was introduced - Majority Elected + Some Nominated
    1. Upper House - Legislative Assembly
    2. Lower House - Council of States
  5. Limited Franchise on Tax Education & Property
  6. In viceroy's executive Council 26 Indian compulsory other than commander-in-chief
  7. Communal electorate was extended to 6 Indian Christians anglo-indians and Europeans
  8. Office of high Commissioner of India in London was to share responsibility of SOS
  9. Public Service Commission in 1926 was established to recruit civil servants
  10. Statutory Commission to review working of government every 10 years was introduced
- Simon Comission 1927
  1. Background
    1. 7 member committee under Sir John Simon came to India with no Indian representation
    2. Submitted report in 1930
    3. it was by quoted by all the parties in India
  2. Recommendations of Simon Commission are
    1. Abolition of dyarchy
    2. Extension of and establishment of responsible government in provinces
    3. Establishment of Federation of British government and state (to appease kings and Queens)
    4. Continuation of separate and communal electorate
  3. Also called
    1. It is called white paper on constitutional reforms - which is a joint select committee of British Parliament
    2. Lead to Round table conference between
      1. British Government
      2. British India
      3. princely states
  4. Most of its recommendation were implemented in Government of India Act 1935
- Communal award 1932
  1. At this time ransom McDonald was the British pm
  2. It was a scheme for representation of minorities
  3. Provided for separate electorate for
    1. Muslim Sikh Indian Christian
    2. Anglo Indian and European
    3. Depressed classes ( SC / ST )
      1. Gandhi was against it
      2. Took a Fast in Yerwada jail Pune
      3. Led to Poona pact between Gandhi and Ambedkar
        
        Poona pact allowed to retain Hindu electorate reserved not separated seats to depressed class
        
        This was the starting of reservation in India
- Government of India Act 1935
  1. Background
    1. It was just after World War 2 in 1939
    2. Mini constitution of India
    3. 321 section and tenth scandals
  2. It provided for
    1. All India Federation = provinces && princely state
    2. Power between centre and units (provinces && princely state) was divided into three part
      1. Federal 59
      2. Provincial 54
      3. Concurrent 36
      4. Power only with Viceroy
  3. Federation was abolished the princely states didn't agree
  4. Provincial autonomy was given by abolishment of dyarchy
    1. State would be autonomous units of Administration
    2. Governor woodwork with the advice of ministers of state legislature this was the responsible government suggested in Simon Commission of 1927
  5. Bi Cameralism in States
  1. Dyarchy at centre was launched but never started Federal subject for to be divided into reserved subjects and transferred subjects
  2. Communal representation extended from all minorities and SC to women labour workers
  3. SOS’s Council of India abolished which was established by government of India Act 1858 SOS was provided with team of Advisors
  4. UAF extended to 10% of total population
  5. RBI was given control over currency and credit
  6. 3 tier civil services was established
    1. Centre - Federal Public Service Commission
    2. 2 or More States - joint PSC
    3. 1 State - Provincial PSC
  7. Federal Court was established in 1937
- Indian Independence Act of 1947
  - Background
    1. Constant Assembly was established in 1946 saying that constitution kind applied to area not willing to accept
      1. On 20th February 1947 British pm Clement attlee said, British rule would end in India by June 30 1948 Muslim League protested in favour of partition
    2. Viceroy of India Lord Mountbatten resolve this by Mountbatten plan which was implemented by independence of India Act 1947
  Features
  1. British rule ends in India India Pakistan would be independent sovereign countries from 15 August 1947
  2. Dominion status was given that is right to secede or stay from Commonwealth India was divided into two Dominions India and Pakistan
  3. Office of Viceroy was abolished governor general was appointed by British king on advice of dominance cabinet Mountbatten was first Governor General of India
  4. Secretary of state of India abolished secretary of state of Commonwealth affairs started They both had same work
  5. Constituent assembly of both the Nation was established to
    1. Enact any Constitution that they make
    2. Repeal any act of British including Indian Independence Act of 1947
  6. New Constitution was formed in India, constant assembly would do to work
    1. Legislate themselves for territories
      1. Headed by GV Mavalankar
    2. Make constitution
      1. Headed by Rajendra Prasad
  7. British rule ended in India → lapse of British Paramountcy, Britishers drop the title of king or emperor of India from Royal titles
  8. Princely states could join any
    1. India
    2. Pak
    3. or be Independent
Indian Political System
- Meaning of Political System
  1. India being a democracy is an aspect of our political system
  2. Political Systems - A Formal / Legal / Constitutional Arrangement that constitutes the Government
  3. It also deals with Relationship of Government with Organs of the Country
- How is Government Formed in India ?
  - What are the Parts of Indian Parliament ?
    1. Lok Sabha - House of People - Direct Election @ UAF - 543 Seats
    2. Rajya Sabha - Council of States - 243 Seats
  - Entire Country is divided into ?
    1. Entire Country i.e 28 States & 7 UT have been divided into No of Territorial States
  - What is UAF ?
    1. Universal Adult Franchise
    2. Anyone who has attained the age of 18 has the right to vote
  - Which is the Latets Parliament and Its Details ?
    1. 17th Lok Sabha Election (Popular Choice) : 2019 Elections
      1. Congress - Coalition - UPA - United Progressive Alliance
      2. BJP - Coalition - NDA - National Democratic Alliance
- Key Features of Indian Political System ? (6)
  
  💡 De PD SOP DOP FSUB IIJ
  - 1 Democracy
    - Meaning
      1. Democracy is a Government which is elected for the people, of the people, by the people
      2. Means Rule of People by Representative
      3. Indian Democracy is Not Direct but Indirect Democracy
      4. India was chosen to be a Indirect Democracy because
        
        Huge Size of Nation
        
        Administrative Convenience
    - Three Important Features for a Country to be called a Democracy ?
      1. UAF
        
        Universal Adult Franchise
        
        Every Citizen on Attaining 18 years of age shall have the right to vote without any discrimination
      2. Free & Fair Elections
        
        Process in which conduct of election is free from any from of corrupt practise & also provides an equal platform for all the candidates contesting the elections
        
        Ensured by Independent Authority to Conduct Elections i.e Election Commission of India
      3. Periodic & Regular Elections
        
        It also means that the elections happen at a regular interval as prescribed in the constitution
        
        In India normally the elections to both Parliament ( Lok Sabha ) & State Legislative Assembly happens every 5 Years
  - 2 Parliamentary Democracy
    
    CRUX - PARLIAMENTARY DEMOCRACY
    1. Legitimacy of Executive (CoM + PM) is constantly & regularly accountable to Legislature (Lok Sabha && State Assembly)
    2. Continuous Accountability of Executive(PM/CM && CoM) to Legislature - They should always have Majority in Lok Sabha / State Assembly
    3. Example : India
    CRUX - PRESIDENTIAL DEMOCRACY
    - Process of Election in USA
      1. Electoral Collage : 100 Members will be elected by the People
      2. This Electoral Collage will elect the President
    - USA Parliament is called as Congress
      1. House of Representatives - Lower House or the Lok Sabha
      2. Senate - Upper House or the Rajya Sabha
    1. Executive (President) is NOT accountable (meaning : to not have majority) to Legislature
    2. Once President is Elected, President has no Accountability to the Legislature
    3. Example : USA
    💡 Meaning of being “Accountable” = To Have Majority In the House
    
    DEBATE IN CONSTITUENT ASSEMBLY
    1. Majority Chose Parliamentary Democracy because it is more accountable to the People
  - 3 Separation of Powers - Inter Body - { Division between LEJ }
    - Prelude
      1. Essential Feature of Indian Political System
      2. Maxim : Power Corrupts but Absolute Power Corrupts Absolutely
    - Separation of Powers
      
      Implemented by Checks & Balance of System
      
      Three Important Systems
      1. Legislature - Making of Law
        
        Centre : Parliament
        
        State : State Legislature
        
        Union Territory
        
        With & w/o Legislature - President
      2. Executive - Implementation of Law
        
        Centre : Union Executive
        
        Political / Temporary Executive : Pres + VP + PM + CoM
        
        Permanent Executive : Central Deputed Bureaucrats
        
        State : State Executive
        
        Political / Temporary Executive : Gov + CM + CoM
        
        Permanent Executive : State Deputed Bureaucrats
      3. Judiciary - Interpretation of Law
        
        Centre : Supreme Court
        
        State : High Court & Sub Ordinate Courts
        
        Power of Judicial Review & Interpretation
        
        If Judges Make Mistake : Parliament can remove Judges
  - SOP & DOP Mind Map
  - 4 Division of Powers - Intra Body - { Division within LEJ }
    - Prelude
      1. Also Called - Federal Political System or Decentralisation ;
      2. First Time in Government of India Act 1935
      3. Any Federal System in the World Follows : Division of Powers
      4. Federal Political System : DOP b/w C & S
      5. Multiple Levels of Government
        
        Union Government
        
        State Government
        
        Panchayati Raj
    - Constitution DOP b/w C&S
      - Central Govt - Unity Needed
        
        Defence
        
        Insurance
        
        Banking
        
        Citizenship
      - State Govt - Regional Diversity Needed
        
        Agriculture
        
        Health
        
        Sanitation
        
        Police
  - 5 Federal System with Unitary Bias
    - What is Federalism ?
      1. Powers of the Government are divided at multiple levels- Centre, States
      2. Union has its Legislature (Parliament), Executive(Centre & State)(Permanenet & Temporary)
      3. Federal Political System is one which has a division of Power between Centre & State
    - What are the Essential Features of Federalism ?
      1. Dual Government
      2. Distribution of Powers
      3. Supremacy of Constitution
      4. Rigidity of Constitution
      5. Independent Judiciary
    - Where is Federalism Suitable for ?
      1. Federalism is suitable for a plural society with multiple cultures and multiple language speaking populations.
      2. It is more democratic in nature and facilitates people participation
      3. Checks the powers of the government—checks abuse of power.
      4. Federal Government can absorb some of the costs of new technology or programs that would have to be absorbed completely by member units in a unitary system.
    - Is India a Federal Polity ?
    - Why India Chose a Federalism with Unitary Bias ?
      1. Federal System - To Accommodate Diversity
      2. Unitary Bias - To Prevent Balkanisation of India
    - Federalism with Unitary Bias is Called ?
      1. Federal System with Unitary Bias
      2. Federation with Centralising Tendency
      3. Quasi Federal System - by K C Wheare
    - Ambedkars View on Indian Federalism
      
      https://app.notion.com
  - 6 Independent & Integrated Judiciary
    1. Independent Judiciary
      1. Enough Mechanism in Constitution that insulate Judiciary from Influence of Legislature & Executive
      2. Once Judges are appointed it becomes extremely difficult for legislature & executive to remove a supreme court judge
      3. Since Constitution has been made, no judge has been removed
    2. Integrated Judiciary
      1. Judgement Given by SC is binding upon all HC & Sub Ordinate Courts
      2. Judgement Given by HC is binding upon all Sub Ordinate Courts of that state
      3. Judgement by a HC is not binding on other HC, It does not have a Binding Effect but a Persuasive Effect and a Precedence Value
    3. Extra Judicial & Quasi Judicial Bodies
      1. Tribunals with some role of Executive
Indian Constitution
- Constitution
  - Why do we need to have a Constitution ? - BR, SoG, Lim of Pow, Obj Ach
    - Prelude
      1. To Accommodate Diversity - Different Aspirations & Demands
      2. To Solve the Conflict of Interests
      3. Basic Rules by Constitution - to MINIMISE the conflicts in Society
    1. Basic Rules Facilitating Co Ordination amongst People
      1. Basic Rules : Doesn’t Have minute Information of All Small Rules
      2. Example : Constitution Provides for Safeguarding rights of Minority & oppressed class, each and every sections of society is protected
    2. Define Structure of Government
      1. by Democracy implemented by Elections
      2. India is a Parliamentary Democracy
      3. Not a Presidential Democracy
    3. Limitation of Powers
      1. to prevent the Government to become Arbitrary
      2. Meaning of Arbitrary : not seeming to be based on any reason or plan and sometimes seeming unfair
      3. How ? : by Conferring rights on the people → Especially Fundamental Rights
    4. Enables the State to Achieve its objectives
  - How do we define the Constitution ?
    - Definition
      
      Constitution is the Fundamental Law of the Country which lays down the Basic Structure of the Political System having a special sanctity under which its people are to be governed.
    - Image of Constitution
  - Why is it called a Fundamental Law or Supreme Law ?
    
    Other Laws in the Country have to be in Congruence or Consonance with the Fundamental Laws
    
    Other Laws - Ordinary Laws - can be made by
    1. Parliament
    2. State Legislature
  - Why Constitution Chose Democracy ?
    1. The Welfare of People is Supreme
    2. People Should be Centric in the Governance
- What is the Definition of State ?
  
  An Independent political entity occupying a defined territory, the members of which are united together for the purpose of resisting external force and preservation of internal order and the state needs certain instruments or organs to carry out its function
- What are the Major Functions of Indian Constitution ?
  1. To provide a set of basic rules that allow for minimal coordination amongst members of a society
  2. To define who has powers to make laws and enforce them i.e organizational framework
  3. To set some limits on what the State can impose on its citizens
  4. Reflects the ideology and philosophy of a Nation-State
  5. Provide for its own amendment provisions
- How the success of the constitution could be ensured?
  1. A Constitution Should be drawn by those people who have credibility, are popular, and represent various sections of society
  2. A law that has something for everyone
  3. Should have constitutionalism
  4. Should be followed and respected
  5. Should be rigid yet flexible
- What is Constitutionalism ?
  1. Constitutionalism is specific limitations on general State powers to prevent the exercise of arbitrary decision-making e.g. Gaddaffi constitution did not have constitutionalism.
  2. To ensure the success of democracy it is important that there is a limitation on the powers of the state
  3. Limitation on the Arbitrary Action of State & Tyranny of Executive
- How does Rule of Law Help in Ensuring Constitutionalism ?
  1. For constitutionalism, the Constitution should be adhered to and followed
  2. The primary meaning of the term rule of law is that everything must be done according to law
  3. Two principles
    1. Everyone should be equal in the eyes of law
    2. No one is above the law
- Salient Features of Indian Constitution (9)
  - 1 Written Constitution
    1. Written Constitution
      - What are the Characteristics of a Written Constitution ?
        
        Codified into a Single Document ( Can be in more than one Document )
        
        But whatever has been codified, only that will be called and used as a Constitution ; nothing else than that
        
        there is a clear distinction between constitutional text and ordinary laws ( IPC, CrPC, Consumer Protection, Motor Vehicles Act)
        
        There is a Specific time of Enactment and Adoption & Changes Organically with time but not so frequently ( Combination of Rigidity & Flexibility )
      - Example : India
        
        Indian constitution is the lengthiest constitution
        
        Commencement : 395 Art ; 22 Parts ; 8 Schedules
        
        Currently : 465 Art ; 25 Parts ; 12 Schedules
      - Example : USA
    2. Un Written
      - What are the Characteristics of a UnWritten Constitution ?
        
        It is codified and written but there is no separate document as a constitution
        
        All the Laws Passed by Legislature, Conventions Followed by Country & Judgements Passed by Supreme Court becomes a part of constitution
        
        There is no distinction between Constitution & Ordinary Laws
        
        There is no Specific Time of Enactment and Adoption and It involves Changes but Very frequent ones
      - Example : British, Israel & Newzeland
  - 2 Drawn from Multiple Sources
    - Summary
    - Details
      1. Indian constitution was made after deep study of various existing constitutions of the world.
      2. Criticism that it is a borrowed constitution. But Ambedkar refuted this statement. becasue Indian constitution was made at a time when allmost many countried had their own constitution
      3. USA
        
        Fundamental Rights, Concept of federalism, Independent Judicial system, bicameralism
      4. British
        
        Parliamentary democracy, Westminster model of Government, the idea of single citizenship, the institution of the speaker, the concept of rule of law.
      5. German constitution
        
        Emergency provisions.
      6. South Africa
        
        Procedure for amendment of Indian constitution, Election of Rajya Sabha members
      7. Irish Constitution
        
        DPSP, Nomination of members to Rajya Sabha.
      8. Soviet Union
        
        Fundamental Duties
      9. Australia
        
        Free commerce and trade between the states, Article 253- the power of the Union to legislate on state subject in order to keep up India’s commitment at the international level.
      10. France
        
        values of liberty, equality & fraternity.
      11. Canada
        
        A form of federalism(strong centre), the concept of residuary powers with the centre.
  - 3 Lengthiest Constitution of the World
    - Indias Constitution is the Lenghtiest Constitution of the World
      1. Single constitution for the centre and states
      2. Huge diversity is prevalent
      3. Principles of administration have also been provided in the Indian constitution.
      4. Positive directions have been given to the state
      Facts
      1. Indian constitution is the lengthiest constitution
      2. Commencement : 395 Art ; 22 Parts ; 8 Schedules
      3. Currently : 465 Art ; 25 Parts ; 12 Schedules
  - 3 Rigid & Flexible
    1. How Easy / Difficult is it to change/amend a constitution
    2. To Change / Amend : Article 368
    3. Latest Amendment : 105th CAA occurred in 2022
    4. Contrary to this USA Constitution has been Amended 33 times only
  - 4 Fundamental Rights Part 3 12-35
    - Whats is the Meaning of the Word Rights ?
      
      Rights are Entitlement, Privileges or Normative Fundamental Rules of what is allowed of people
    - Why are the Rights Given ?
      1. Prevents Arbitrary Actions by State - Majorly Against the State
      2. Prevents Arbitrary Action by Citizen as well - Very Less are Against the State
    - What is the Top Most Rights ?
      1. Fundamental Right is the top most right of India under Part 3 ( Art12 - Art35) of the constitution
    - How are they Justiciable ?
      
      They are Justiciable in
      1. Supreme Court under Art 32
      2. Difference : 194
      3. High Court under Art 226
  - 5 DPSP Part 4 36-51
    1. Directive means Guidelines
    2. Present Under Part - IV (Art 36 - Art 51 )
    3. These Guidelines will lead to Welfare of State
    4. It has been Purposefully made Non Justiciable
    5. Moral Obligation - Duties of State
  - 6 Fundamental Duties Part 4 A 51 A
    1. Mentioned in Part 4 A of the Constitution
    2. Art 51 A deals with it
    3. There are in total 11 Duties
    4. 10th FD were added by 42nd CAA, 1976 under PM Indira Gandhi ; It was time of Emergency in India
    5. 11th FD was added by 86th CAA of 2003
    6. These FD are Not Punishable
    7. These are moral obligations to citizens i.e., Duties of Citizens
  - 7 Secular State
    1. In India, the State will never Identify itself with any one particular region
    2. The State will promote & provide equal opportunity for all religion
    3. State is Non Religious & State Promotes All Religions Equally & there shall be no Discrimination on the basis of Religion
    4. Concept of Positive Secularism
  - 8 Single Citizenship
    - Which are the Countries that Allow Dual Citizenship
    1. Constituent Assembly Debated, Dual Citizenship will go against Fraternity & Brotherhood
    2. Local Identity of State would prevail over National Identity
    3. Idea of Single citizenship is to promote Unity and Integrity of Nation
  - 9 UAF
    - Whats is the Meaning of Franchise ?
      
      Franchise Means : the right to vote in elections
    1. It is Essence of Democracy, There shall be no discrimination on any basis
    2. Every Citizen above the Age of 18 has the Right to Vote
    3. Right to Vote was mentioned in Articles - 325 & 326
    4. At the commencement of Constitution, the age for UAF was 21 years
    5. With 61st CAA, 1988 , the age was reduced to 18 years
  - 10 Federal Government
    - Whats is Federalism ?
      1. Two or more levels of Government- Central level and state level
      2. Both the Union and State derive power from constitution
      3. Presidential form of government- Eg: USA
      4. Parliamentary government- Westminster Model- Eg: UK & India
    - Essential Features
      - Dual Government
      - Distribution of Powers- Separate spheres of functioning. Eg: 7 Schedule-Union List, State List, Concurrent list.
      - Residuary subject-In India more power to the centre
      - The supremacy of the constitution
      - The rigidity of the constitution
      - Independent judiciary
    - Benefits of federalism
      1. Federalism is suitable for a plural society with multiple cultures and multiple language speaking populations.
      2. It is more democratic in nature and facilitates people participation
      3. Checks the powers of the government—checks abuse of power.
      4. Federal Government can absorb some of the costs of new technology or programs that would have to be absorbed completely by member units in a unitary system.
    - Is India a federal polity?
      - India has a dual government(division of powers), Supremacy of the constitution, Independent judiciary, etc.
      - In matters of federalism Indian constitution is rigid, but flexible in most others.
    - Reasons for criticizing India's federal setup:
      - The powers of the union are more than the state in the legislative domain.
      - In certain exceptional instances, the Union can legislate on state subjects as well.
      - Article 356- Gives power to the centre to dismiss the state government
      - Finance commission- Appointment made by the Central government
    - Why choose a federal setup with strong unitary bias?
      - Secessionist tendencies at the time of independence made it imperative to have a strong centre to maintain the unity and integrity of the country.
      - External threats. Eg: Pakistan
      - We require uniformity in policies to address major issues facing the country. Eg: Poverty, literacy, etc.
  - 11 Responsible Government
    
    Executives are responsible to the legislature
  - 12 Independent & Integrated Judiciary
  India is a Unique Example of : ”Reconciliation of written constitution with parliamentary sovereignty”
- Salient Feature of Indian Constitution from Laxmikant
  
  Features of Indian Constitution.pdf
Constituent Assembly
- Facts from Laxmikant - PDF Form
  
  Making Of Indian Constitution.pdf
- Introduction
  1. Cabinet Mission Plan ( Pethick Lawrence, Stafford Cripps, A V Alexander )
  2. Pethick - Minister in British Parliament
- Chronology
  1. First Sitting : 9th December 1946
  2. Objectives Resolution : 13th December, 1946
  3. Constitution Ready by : 26th November 1949
  4. Came into Existence on : 26th January 1950
- Composition & Scheme
  1. British Provinces (292) → Indirect Elections from Provincial Legislature Limited Adult Franchise ( Education Status, Tax Paying Capability, Property Holding)
    
    💡 Limited Franchise : T E P → Tax Education Property
  2. Princely States (93)→ Nomination by Head of Princely States
  3. Commisioner Led Provinces (4)→ Nomination by the Commissioner
  4. Total Seats = 389
- What will be Basis for Seat Allocation Basis ?
  1. Representation in Proportion to their Population ( General Community / Muslims / Sikhs )
  2. For 1 Million Population i.e 10 Lac People : 1 Representation
  3. Members were chosen indirectly by the members of the Provincial Legislative Assemblies
- Enactment & Enforcement
  1. Objectives Resolution : Dec 13, 1946
    1. Moved by Jawaharlal Nehru
    2. Need : To provide framework/guideline/limits on which constitution of India should be made
    3. It was the expression to the ideals and aspirations of the people of India and so the objectives of the Constitution.
    4. Later became Preamble of India
  2. Debates on
    1. Each & Every Fundamental Rights
  3. Committees
    1. Drafting Committee
  4. Facts
    1. Articles : 395
    2. Parts : 22
    3. Schedules : 8
- This body continued till the first Parliament was elected in India
The Preamble
- Summary from Laxmikant
  
  Preamble.pdf
- The Preamble
- Also Called & By
  1. To Summarise Philosophical Aspects
  2. Identity Card of Constitution
  3. Supreme Court
    1. Key to unravel the Minds of Makers of Constitution
  4. Preface of the Constitution
- We the People of India
  1. Source of Authority
- Characteristics of State / Nature of Indian State
  - Sovereign
    1. Full Control over the people, property & territory and also free to conduct internal & external affairs
    2. India can chose its friends
    3. Is full sovereignty possible in a Globalised World ?
      1. Theoretically Yes
      2. Practically No
  - Socialist
    - Whats is Socialism ?
      1. Social Ownership of Property & against private ownership
      2. Ownership of Production by the Government, so that the redistribution is easy
    - What type of Socialism is followed by India ?
      1. India follows Democratic Socialism i.e Mid Way
        
        Essential for majority of masses especially poor State Holds & Provides for Example : Railways
        
        Not Essential or may be used by the Rich State Privatises & Promotes Public Sphere of PPE Example : Air India
    - What are the Pro Socialist provision in Constitution & Indian Polity ?
      1. Public Sector Union
      2. Nationalisation of Banks
      3. Social Sector Schemes
      4. Abolition of Privy Purse by Indira
    - Why was a Socialistic Nature Adopted for the Constitution ?
      1. Economic Inequality
      2. Land Ownership Inequality
      3. to promote Egalitarianism
    - What was the view of Ambedkar on putting the word Socialist in the Preamble ?
      1. DR B R Ambedkar opposed the introduction of this word in the constitution
      2. He said so because
        
        It is today in 1947 that due to inequality socialism appears good
        
        but tomorrow when society develops socialists ideology would become obsolete
        
        by putting it in constitution, it makes it permanent & thus takes away from the masses their choice of type of social, economic & political system they want
  - Secular
    - What is the Meaning of Secular
      1. State is Non Religious in Character.
      2. State has No Official Religion
    - Differences between Indian & Western Secularism
      
      Link to Summary Sheet
    - What was the view of JLN on Secularism
      1. Unlike west Indian State can and will be involved with religion but will not promote one religion over another
      2. We will have our own kind of Secualrism which will be accomodated according to India
      3. The Indian Idea of Secularism doesnt match specifically with the current definition of secularism. Hence it is better to not put Secular as a Word in the Preamble but Indian Constitution inherently is a Secular State
  - Democratic
    1. Govt Elected by the People, for the People, of the People
    2. Things that prove that India is a Democratic State
      1. Regular Elections 5 Years
      2. Rt To Vote under Art 326
      3. Free & Fair Election ( ECI under Art 324 )
  - Republic
    1. Head of State will be Elected ( by Elections )
    2. Two Cases - Both are Democracies, Both have F&F Elections, Both have UAF but
      1. UK : Head of State is a Constitutional Monarchy (Heredetary Succession)
      2. India : Head of State is a Elected Person ( Direct Election - India && Inidrect-USA )
- Objectives of Constitution
  - Justice ( SEP )
    - Details about Justice
      - Does Equality Mean Justice ?
      - What is the Meaning of Justice ?
        
        Just & Fair Treatment of People
        
        Equality Doesnt Mean Justice
        
        India Doesnt Follow Equality Before Law but Equality by the Law
    - Why this Specific Order has been followed
      1. According to Ambedkar, S E P are in line of, Toughness to Achieve a Particular Justice Type
      2. As in Social Justice is the Most Toughest to Achieve
      3. Then Economic Justice is Tough
      4. Easiest to Achieve is Political Justice.
        
        For Example : in a Stroke of Enactment of Constitution, Everyone will be Equal Politcially
    - Social
      - What is a Social Justice ?
        
        It is a fair and just tretament of all citizens from their social standing
        
        Determined by their : Educational Level, Caste Acceptance etc
      - What are the Examples of Social Justice ?
        
        Examples of Social Justice
        
        Reservation in the Educational Institutions
        
        Reservation in Public Employment
      - What is concept of Postitive Discrimination
        
        Positive Discrimination is the Affirmative Action Taken by the State for the upliftment of a particular group
    - Economic
      - What is a Economic Justice ?
        
        Equitable Distribution of Wealth amongst Citizens
      - Examples of Economic Justice ?
        
        Land Reforms & Land Ceiling
        
        Direct Taxes - Progressive Taxation System — Differential Tax Slabs in Income Tax - People who Earn More, Pay More
    - Political
      - What is the Meaning of Political Justice
        
        State cam commit discrimination but cannot be a Arbitray Distinction
        
        Absence of any arbitray disntinction between man and man
      - Examples of Political Justice in India ?
        
        UAF
        
        Political Resrvation
  - Liberty (TE BF W)
    - Relation Between Liberty & Freedom ?
      1. Liberty comes with some Reasonable Restrictions
      2. Liberty is not an absolute concept where as Freedom is more of a absolute restriction
      3. Freedom of One, might hamper the right of another
      4. Freedom Restrained to a Particular Level is Liberty
    - What are the Examples of Liberty with Restrictions ?
      1. Example :
        
        Loudspeaker in Religious Institutions ; Govt Circular on Db Level of Speakers
        
        Hate Speech
    - Meaning of Liberty ?
      
      Minimal Rights Essential for free and civilised existence
    - Types of Liberty in Indian Constitution are ?
      
      Art 19 - with RR
      1. Thought - Thought Process
      2. Expression - To Express Thoughts in Various Forms
      Art 25 - with RR
      1. Belief - Lower in Degree, It can be Changed
      2. Faith - Higher in Degree, It cannot be Changed
      3. Worship - Act of practising a Religion
      A Belief System Repeated over time becomes Faith and Its Expression is Worship
  - Equality ( S&O) - Pending
    - Difference between Equality & Equity ?
    - Equality of Status
    - Equality of Oppurtunity
  - Fraternity ( Dign. & UI )
    1. Assuring Dignity of the Individual
      1. Unless All the Previously Mentioned Objectives are met, one cannot feel dignity
    2. Unity & Integrity of Nation (2)
      1. Unity ( Brotherhood ) - Single Citizenship & Fundamental Duties
      2. Territorial Integrity
- Major Themes within Preamble
  - Case Chronology
    - Berubari Union v/s UOI, 1960 - 07 Judge Bench
      1. Preamble Not an Integral Part of Constitution & cant be Amended
      2. Is Not Justiciable & Non Enforceable
    - Keshavanand Bharti Case, 1973 - 13 Judge Bench
      1. Yes it is an Integral Part of Constitution & can be Amended
      2. Is Not Justiciable & Non Enforceable
      3. Why is Preamble a Part of Constitution Now ?
        
        cuz it was debated, discussed & voted by the constituent assembly as and like any other part of constitution
  - Is Preamble Integral Part of the Constitution ?
    1. Yes it is ; under Keshavananda Bharthi Case
  - Can the Preamble be Amended under Art 368 ?
    1. Yes, But the Basic Structure cant be Amended
  - Can the Preamble be Amended in Totality ?
    1. No, Basic Structure Doctrine cant be Amended
Backing of Important Words by Articles of Constitution
- Together
  
  Part 1 - We the People of India
  1. Ultimate Sovereign of Country - We the People - Reiteration of Social Contract
  Part 4 - In Our Constituent Assembly
  1. Historical Context and Legal Status of Preamble
- Country Specific Words
  
  Part 2 - Words that Describe Country as a Whole - Mains
  - S3DR
    1. Sovereign → Socialist → Secular → Democratic → Republic
  - Sovereign
    1. Meaning : “Freedom from External Influence” → Look closest to this word
    2. Evolved : from basic notions of Independence to Interdependence
    3. Contemporary Context
      - Territorial Sovereignty
        
        UNCLOS - United Nation Commission on Laws of Seas ; Recognition of CoOperation by EEZ Exclusive Economic Zone
      - Geo-Political / IR / Diplomacy Context
        
        UNGA - Example of discussion of SOP on Terrorism ;
        
        In UN you can say
        
        Yes
        
        Ratification : country will come back home & implement it
        
        Ex : UNCOA Ratified by India & POCA (Prevention of Corruption Act) changed
        
        Ex : Rio Declamation
        
        Signatory : Good Idea but country will not implement it right now cuz they don’t have the need, will, infra for the same
        
        Ex : ICCPR - Protocol Death Penalty to be abolished
        
        Ex : Nuclear Non Proliferation Treaties
        
        No
        
        Abstain
        
        Idea is that the CHOICE remains with US.
      - Technology - Data Protection & Data Localisation
        
        Amazon data of Indians in Amazon Servers in Foreign
      - Economic
      - Human Right
    4. Conclusion
      1. India’s Sovereignty is based on National Interest.
      2. Ex : Showed Strength - Choice is with us
        
        Ex : Fought with developed world ; COPA
        
        Ex : India decides to be a member of QUAD
        
        Ex : India says Kashmir Valley is a Bi Lateral and non International Issue
      3. Ex : Stayed Silent - Choice is with us
        
        India Silent on Israel (Palestine Violence)
        
        Silent on Russia ( Question on Withdrawal in Crimean War)
- Citizen Specific Words
  
  Part 3 - Words that define Citizens as a Whole - Prelims
  - Citizens - JLEFU
    1. Justice Liberty Equality Fraternity & Unity&Integrity
- Background
  1. Dictatorship
    1. Internal Process → When Dictatorship Ends → Democracy has to Start
  2. Colonialism
    1. External Process → When Colonialism Ends → There has to be a “Transfer of Power” by a Law
    2. by Law (Indian Independence Act, 1947 by British Parliament under Clement Attlee
    3. ToP to Constituent Assembly → Interim Parliament forming a Interim Government → until First Election in 1952
    4. 26th Nov 1949 - Final Draft of Constitution was ready BUT not implemented then and now
    5. Constituent Assembly
      1. Nehru - Head of Constitution Committee
      2. Ambedkar - Head of Drafting Committee
    6. But a More Symbolic Date & country was to be made ready for the Same → Hence Date Chosen was 26 January 1950 that ALL Articles were put into force is Law Day
    7. Significance of 26 January 1929 - India for the First Time demanded Poorna Swaraj ( Complete Independence ) at congress session in Lahore - Symbolism
    8. Articles that came into force in immediately after 1949 are :
    9. Speech Objectives Resolution : aspiration of kind of country we wanted to build - Preamble was added to the constitution before 26 November 1950
    10. Preamble is the vision of Constitution, the Preface to Constitution
    11. Three Sets of Dates
      1. 15 August 1947
      2. 26 November 1949
      3. 26 January 1950
  - Prelims Question Preamble is : Words that cannot be legally defined are generally correct : Pulse/Heart/Soul of the Constitution

Constitutional Article - Part 1 & Part 2

Part 1 (Art 1 - Art 4) - The Union & Its Territory
- Questions Answered by Part 1 are ?
  1. What is the Name of Country ?
  2. What is the Territory ?
  3. Can it Expand ?
  4. How can it Expand ?
  5. Can India Cede to a Foreign Country ?
  6. Can it be Done with or w/o Amendment ?
- Art 1 - Name & Territory of the Union
  - Art 1(1) - India i.e Bharat Shall be a Union of States
    - Two Names for Country → India & Bharat
      1. Why Two Names ?
      2. Ancient Name - Bharat - One Opinion
      3. Modern Name - India - Second Opinion
    - Union of States v/s Federation of States
      1. Some Members Said India i.e Bharat will be Better if it was called Federation of States ( De Centralised Power)
      2. Union of States - Feels Like - Unitary form of Government (Centralised Power)
      3. Ambedkar said that india is Federal Political System - but This Federation is Merely a Union
        
        As The Division of Power in CS - Leans Towards Union
        
        For only administrative convenience we are having states
      4. Two Important Things
        
        at no point of time, any state in India would have right to secede from the india → to prevent Balkanisation
        
        if the union wants, union can unilaterally internally reorganise states
  - Art 1(2) - State & UT name will be in First Schedule
  - Art 1(3) - Territory of India Shall Comprise(3) of
    - India = States (28) + UT (8) + Other Territory acquired in Future
    - How India will Expand its Territory ?
      1. It will be based on International Laws
      2. Whether India Acquires Territory by Normalcy or by any other method
    - How is it decided that it will be either a State or UT ?
      - Factors which Decided if its a State or UT -
        
        Population of Area
        
        Large - State
        
        Less - UT
        
        Strategic Importance of that Area was made a UT
        
        Delhi
        
        Despite High Population, Its a UT
        
        if there was a State, Union would have to take Permissions
        
        Andaman Nicobar & Lakshwdeep - National Security Reasons
        
        Cultural Differences
        
        Dadar & Nagar Haveli
        
        Puducherry
    - How is a State & UT Governed ?
      
      State - Federal Relationship
      
      UT - Directly Under State Control
- Art 2 - Power of the Parliament to - Add Territory from Outside
  - Add a Territory - Explicitly Mentioned
    - What Happens to territory coming from outside
      1. Admit into the Union - Given Status of UT
      2. Establish New states into the Union - Given Status of State
    - Who has the Power to Admit that Territory in India ?
      1. Parliament
    - Who will Decide it is a State or UT
      1. Sikkim - was Made State - 36 CAA
      2. Goa - Initial UT & then State
      3. Puducherry & Daman & Die from Portugese - Directly UT 1962
- Art 2A - Special Case of Sikkim : 36th CAA, 1975 ( Art 371 F added)
  1. They Carried out a Special Majority under Art 368 because when Sikkim was added to India
  2. Three Changes were Made
    1. First Schedule - By Simple Majority - List of All State and UT
    2. Fourth Schedule - By Simple Majority - Rajya Sabh Seats of State & UT
    3. Art 371 F - Special Status Given - Needed CA - By Special Majority
- Art 3 - Power of the Parliament to - Internal Reorganisation
  
  Reorganise Indian Territory within Existing Territory
  - Powers of Parliament to
    
    One Action leads to Multiple Actions Being Performed
    1. Create a New State
      1. Merge Two States
      2. Divide Two States
    2. Increase Area of State
    3. Decrease Area of State
    4. Alter boundaries of State
    5. Alter Names of States
      1. Madras - Tamil Nadu
      2. Mysore - Karnataka
      3. Orissa - Odisha
  - Examples ( Hypothetical )
    1. All 7 North Eastern States can be merged
    2. Bundelkhand
      1. Backward Part of Country = Part of MP + Part of UP
      2. From MP & UP → Make a New Bundelkhand
    3. UT added to Tamil Nadu
  - What is the Procedure followed by the Parliament in Exercising its Power under Art 3 ?
    - Introduction of Bill
      - What is a Bill ?
        
        A Bill is a Draft Proposal for Legislation under Consideration.
      - Bill is Introduced in the ?
        
        Lok Sabha & Rajya Sabha
    - Diagram
    - Example : AP Reorganisation Act, 2015 && AP Reorganisation Bill, 2015
    - Procedure - Process of Constitutional Amendment Bill
      - MP will seek permission from President
        
        President Refers Bill to the State Legislature with a Time Limit
        
        Yes - Opinion Not Binding
        
        No - Opinion Not Binding
        
        Delay - Opinion Not Binding
        
        President Gives Permission to MP
        
        Yes
        
        Process in Parliament
        
        MP will introduce Bill in Parliament (LS/RS).
        
        MP can introduce in either
        
        his house (can vote in his house only)
        
        another house (cannot vote here but can introduce)
        
        in Lok Sabha
        
        Debate & Pass by Simple Majority
        
        in Rajya Sabha
        
        Debate & Pass by Simple Majority
        
        Goes to President
        
        President Gives his Assent (Says Yes)
        
        New State is Formed
        
        Constitution is Changed
        
        What are the Changes made ?
        
        First Schedule - Details of State & UT
        
        New Telangana Added - Names & Boundary Column Created
        
        AP Details Changed - Names & Boundary Column Altered
        
        Fourth Schedule - Allocation of Seats to Rajya Sabha
        
        Earlier
        
        AP : 18 Seats in RS
        
        Now
        
        Telangana : 7 in RS
        
        AP : 11 in RS
        
        How are the Changes made ?
        
        Will it take a CA for changing the Schedule ?
        
        The Act Passed by the Parliament will automatically change the Schedules
        
        Hence AP Reorg Act automatically changed First & Fourth Schedule
        
        No
        
        Bill Cannot be introduced in Parliament
- Art 4 - Any Law under Art 2 & Art 3 then such a Law can be made by a Simple Act of Parliament
  1. Laws made under Art 2 & Art 3 which provides for amendment of the first & fourth schedules
  2. That Law is NOT an amendment of this Constitution under Art 368
  3. Only First & Fourth Schedules are allowed to be Amended
- Cede a Territory - No Where Mentioned in Parliament, hence decided by Supreme Court - CAA Needed
  - Re-Berubari Union v/s UOI, 1960
    - Prelude for Reference
      - Re → Stands for Presidential Reference
      - Background
        
        Smoothen Process of Boundary Dispute → Cyril Radcliffe
        
        Place Called : Berubari Union → 9 Sq Miles of Land was a Part of West Bengal
        
        Pakistan Claimed this Place saying that
        
        Northern Part had to go to East Pakistan
        
        Southern Part had to go to India
        
        Pakistan Said that it has gone to India as a Whole
        
        Both Pak & Ind PM Met → JLN & Feroz Khan Noon → Nehru Noon Agreement, 1958
        
        Govt Thought it can be done under Art 3 ; but people said that Art 3 is only internal reorganisation
        
        but diminishing area of a state by ceding it to another country thus making a Net Subtraction to the States
      - Question of Law
        
        Can Parliament do it under Art 3 ?
      - Logics - Put in front of SC
        
        Do Not Give - Look Into Preamble
        
        India is a Sovereign - India is a Sovereign State, why India should budge to others part
        
        Can Give - Sovereignity
        
        India is a Democratic Country - Democratic hence Indian people elected leaders can do
        
        SC Said
        
        No point of arguing on preamble - preamble is not an integral part of constitution
      - SC Judgement
        
        India cannot cede a territory by Art 3
        
        But can cede by a CAA under Art 368 - by following a special majority for a Non Federal Dispute ( No State Ratification )
    - Parliaments Action
      - Enclave
        
        Small Pocket of Land completely surrounded by Another Country
      - Enclave Background
        
        India & Bangladesh → Have Poor & Porus Borders
        
        Each others Enclave in one Place or Another
      - 9th CAA, 1960
        
        Unilateral Ceding of Territory
      - Nehru Noon Agreement, 1968
      - Land Boundary Agreement, 1974
        
        Indian Enclave will be to Bangladesh
        
        Bangladesh Enclave will be to India
        
        We Will Exchange all the Enclaves
        
        No Matter Profit or Loss of Net Land
        
        If India Losses these Enclaves
        
        India needs a CAA under Art 368 Non Federal Method
        
        This Ceding happened by CAA
      - 100th CAA, 2015
        
        Exchange Enclaves between India & Bangladesh
    - Ultimately First Schedule was Changed by Ceding a Territory by these CAA
  - Examples
    - 9th CAA, 1960 - North to Bangladesh by CAA
      - India Retained Southern Part under Art 2
    - 100th CAA, 2015 - Indian Enclaves given to Bangladesh by CAA
      - India Received Bangladesh Enclaves under Art 2
- States Re-Organisation Chronology in India
  - Historical Background
  - 1947 - India & Pakistan, 1947
  - 1948 - S K Dhar Commission, 1948
    
    NO
    1. No Linguistic Re Organisation
    2. One Language One State - Not Possible
    YE
    1. Geographical Contiguity
    2. Financial Self Sufficiency
    3. Ease of Administration
  - 1948 - JVP Committee, 1948
    1. JLN, Vallab Bhai Patel, Sita Bhai Patta Ramaaya
    2. Rejected Linguistic Re Organisation
    1. Especially fro Telugu Speaking Community in State of Madra
    2. Protest Erupted → Violence → 56 Days of Hunger Strike → Potti Sriramamalu
  - 1953 - Andhra Pradesh, 1953
    1. AP Created
    2. Similar Demands Started coming in Other Parts of Country
  - 1953 - First Re Organisation Commission (Fazal Ali), 1953
    - Rejected Idea of - One Language One State
    - But Linguistic Re Organisation can help in Maintaining the Cultural Homogeneity of People
    - Others can be taken into Account
      - Economic & Administrative Viability
      - Linguistic * Cultural Homogenity
  - 1956 - States Re-Organisation Act, 1956 under Art 3
    - Before this India had following States
      1. Part A - British Provinces
      2. Part B - Princely States
      3. Part C - Commissioner Provinces
      4. Part D - Andaman & Nicobar
    - 14 States & 6 UT was created
  - 1960 - Maharashtra and Gujarat
    1. Maharashtra for Marathi speaking people
    2. Gujarat for Gujarati speaking people
      
      Gujarat 15th state of Indian Union
  - 1961 - Dadra and Nagar Haveli
    1. Portuguese ruled until 1954
    2. Portuguese administration until 1961
    3. Added to Union Territory of India by 10th CAA 1961
  - 1962 - Goa Daman and Diu
    1. Acquired from Portuguese by police action in 1961
    2. Added to Indian union territory bY 12th CAA 1962
    3. Goa was Given statehood in 1987
    4. Daman and Diu remained union territory
  - 1962 - Puducherry
    1. French gave Puducherry to India in 1954
    2. Puducherry consists of Puducherry Karaikal Maher and Yanam
    3. From 1954 to 1962 it was administered as an acquired territory
    4. In 1962 added to Indian union territory by 14th CAA
  - 1963 - Nagaland
    1. Nagaland = Naga Hills + Tuensang Area → from Assam
    2. From 1961 to 1963 it was under governor of Assam
    3. Became 16th state of India in 963
  - 1966 - Haryana Chandigarh and Himachal Pradesh
    1. Punjab bifurcated to create Haryana
  - 1987 - Goa given the status of statehood
Part 2 (Art 5 - Art 11) - Citizenship
- Questions it will Answer ?
  1. How to Identify citizens of India ?
  2. Who are Citizens of India ?
  3. Two Types of Citizenship
    1. One at Commencement of Citizenship
    2. One after the Independence ?
- Why is there a Concept of Citizenship ?
  1. State Confers all the Rights on Citizens, for Aliens it is Limited in some cases
  2. State expects duties from its Citizens and sometimes Foreigners are relieved
  3. State can differentiate between Citizen and Alien
- Who is a Citizen ?
  1. Citizens are Members of the State and owe Allegiance to it, They enjoy all Civil & Political Rights, guaranteed by the Constitution of the State
- Art 5 - Art 8 → Citizenship Before 26 Jan 1950
```
   **Which All Person can become Citizen of India BEFORE 26 Jan 1950 ?**
```
  Deemed to be Citizen of India by Virtue of Constitution Enforcement
  
  ALL PEOPLE WHO WERE RESIDENTS OF INDEPENDENT UNDIVIDED INDIA
  - Art 5 - Domicile → Domiciled in India before 26 Jan 1950
    1. Domicile → Residence + Intention
      1. Residence in India + Intention of an Individual to Make India as a Permanent Home
      2. Intention -
        
        Major - No of Years of Stay is 5 Years before 26 Jan 1950
        
        Minor - Ownership of Property
  - Art 6 - Pak to Ind → Direct Migration → (15 Aug 1947 - 26 Jan 1950)
    - Deals with Person who had Migrated to India from Pakistan
    - Pakistan to India - Majority
    - Before Commencement of Constitution if they come to India from Pakistan, they will be be made citizens of India
  - Art 7 - Permit System → Reverse Migration → (1 Mar 1947 - 26 Jan 1950)
    1. Deals with Person who migrated from India to the Now Territory of Pakistan after 1 March 1947 but had subsequently returned to India for resettlement through Permit System
    2. 1 March 1947 - When Mountbatten Plan was Finalised
    3. Migration After 1 March 1947 → Because due to Mountbatten Plan they knew, what was the Territory of India and Pakistan ; Now if they Migrate → It means they wanted to be a Part of Pakistan
    4. Before 1 March 1947 → They can come back to India before 26 Jan 1950
    5. but these people could be used as Agents of Pakistan. Hence, a Special Permit for Background Check from Indian High Council Commissioner, Pakistan was Needed
  ALL PEOPLE WHO WERE PERSON OF INDIAN ORIGIN
  - Art 8 - PIO → Person of Indian Origin applied BEFORE 26 Jan 1950
    1. Provision relating to Persons Living in Foreign Countries at the Commencement of the Constitution
    2. PS : They don’t have to be in India for the Citizenship, they can be anywhere
    - Define Person of Indian Origin (PIO) ?
      1. PIO is not a Citizen of India : A Person or whose Parents or Grand Parents are born in India as Defined in GOI Act, 1935
    - How can a PIO become Citizen of India ?
      1. Application to the Countries Embassy
      2. Provide Proof that he is a Person of Indian Origin
  - Summary of Art 5 6 7 8
- Art 9 - No Dual Citizenship - (Before & After 26th Jan 1950)
  1. No Person Shall be a Citizen of India or be deemed to be a Citizen of India, if he has voluntarily acquired the citizenship of any foreign state
  2. Shall be Citizen → Subsequent to Commencement of the Constitution
  3. Deemed to be → under Art 5 6 7 8
  4. Voluntarily Acquired & Any Foreign State → No Dual Citizenship
- Art 10 - Provision of Power to Parliament to Acquire & Revoke Citizenship
  1. Every Person who is or is deemed to be Citizen of India shall continue to be such citizen subject to the provision of any law made by the Parliament
    1. Concept of Citizenship is not Permanent
    2. Citizenship can be Revoked / Altered / Terminated
  2. How can it be Altered ?
    1. by Making a Law by Parliament under power of Art 11
  - Citizenship is a very Dynamic Creiteria hence Constituent Assembly gave provisions of Citizenship only until commencemnt of Constitution. After Commencement, provisions of power to parliament were made for the parliament to decide rules about citizenship by the Parliament (both acquisition and loss)
- Art 11 → Loss (Before & After 26 Jan 1950) & Acquisition (After 26 Jan 1950) of Citizenship
  1. Parliament shall have the power to make any provisions with respect to the acquisition and termination of citizenship and all other parliaments relating to citizenship
  2. Deals with Following Action of Citizenship
    - Acquisition of Citizenship → for (After 26 Jan 1950) - PENDING
      - 1 Birth - Born in Indian Territory
        
        Citizenship Act, 1955 - (26 Jan 1950 - 01 Jul 1987)
        
        Concept
        
        Jus Soli - Right of Soil
        
        Condition of Citizenship
        
        Born in India → (26 January 1950 - 01 July 1987)
        
        If illegal migrants comes to India and gives birth in India, child would become automatically the citizen of India
        
        Issues
        
        this was very liberal and was creating problems like
        
        taking away economic opportunity of Indian Locals
        
        Population Issue
        
        Security Issues
        
        Hence Jus Soli was Restricted
        
        Citizenship Act, 1986 - (1 Jul 1987 - 2nd Dec 2004)
        
        Condition for Citizenship
        
        Person Should be Born in India between 1 July 1987 - 2nd December 2004
        
        Plus One Parent an Indian Citizen
        
        Issues
        
        Most of the Illegal Migrants came to India and Married an Indian
        
        Citizenship Act, 2003 - (from 3rd December 2004)
        
        Conditions for Citizenship
        
        Born in India after 3rd December 2004
        
        One Parent an Indian citizen
        
        Other parent Not an illegal migrant
        
        Exceptions
        
        Convoy of a Foreign Sovereign
        
        IFS of another country marries an Indian and gives birth to a Child → Child will not be an Indian Citizen
        
        Enemy Alien
        
        Who belongs to a country with which India is at War with Some Other Country → Temporary Concept
        
        Enemy Alien Marries Indian gives birth to a Child → Child will not be a Indian Citizen
        
        At the time of Birth of Child war should not be going on India
        
        Special Case : Aircraft & Ships
        
        Depends on where the Ship & Aircraft is Registered → Citizenship will be that of the Nation of Registration
      - 2 Descent - Born outside Indian Territory
        
        Background
        
        Based on Right of Blood : Latin : Jus Sanguinis
        
        Descent Means : By Blood Line
        
        Criteria
        
        Born outside Territory of India
        
        Born to an Indian Parent ( related in blood)
        
        at time of Birth → Parents were Indian Citizens
        
        Between 26th January 1950 - before 10th December 1992
        
        Child Born Outside Territory of India
        
        Father should be Citizen of India
        
        IMPORTANT POINT : If Mother is Citizen of India ; Father is Not ; Child will not eligible for Citizenship → Criticism of Gender Injustice
        
        Between 10th December 1992 - 2nd December 2004
        
        Born Outside Territory of India
        
        Any Parent should be Citizen of India at time of Childs Birth
        
        3rd December 2004 onwards
        
        Born Outside Territory of India
        
        Any Parent a Citizen of India
        
        Paren Should Register Birth of Child in the Nearest Indian Foreign Office
        
        This time can be relaxed by government on grounds of Genuine Reasons
        
        Nodal Authroity : Ministry of Home Affairs
        
        Now this Law was Considered to be a Gender Neutral Law
      - 3 Registration
        
        Three Major Categories of People who are eligible to become Citizen of India
        
        Type 1 - PIO
        
        PIO Card → OCI Card
        
        PIO Cardholder was Introudced by India in 1999
        
        To Recognise Contributions in FDI & Political Support
        
        PIO Cardholder Status
        
        File Application
        
        Pay Fees
        
        Once PIO Cardholder Status was Granted → They still had to Go for Visas and Stuff
        
        Hence some priviliges were given to them
        
        for 15 Years No Visa was Needed
        
        Stay for 180 Days in India without any Permission
        
        He wil have Property Rights similar to that of Indian Citizen
        
        in both Mobile & Immobile Properties
        
        except for Agricultural Lands & Plantation Properties
        
        PIO were Demanding Dual Citizenships becasue
        
        They weren’t eligible to Contest Elections
        
        Not able to Participate in Government Exams
        
        Committee was Setup to Look into the Matter
        
        Committee Reccomended Dual Citizenship
        
        Parliament rejected the Reccommendation.
        
        But Government Found a Mid Way
        
        Above PIO + Below Citizenship of India → Overseas Citizenship of India Status
        
        A PIO can Apply for OCI Status by Paying some Fees
        
        a OIC wil get
        
        Life Long Visas
        
        No Restrictions on Length of Stay
        
        Have Property Rigths - Mobile & Immobile - Agricultural Lands & Plantation Properties
        
        Countries Eligible
        
        Initially Given to only 16 Countries
        
        All Countries in the World
        
        Except for Pakistan
        
        PM Involved
        
        Atal Ji - Started
        
        Manmohan Ji - Narrowed Differences between PIO & OCI
        
        Modi - Made both PIO & OCI Same
        
        Definition of PIO
        
        CAA Gives the Definition as “Any Person or his Parents or Grandparent born in the Territory of India according to the Government of India Act, 1935 or any other territory acquired by India after 1947 ; and is right holding a passport of someother country”
        
        Deconstruction of Definition
        
        WHO : Himself - Parents - Grandparents
        
        WHICH Territory
        
        Territory according to GOI Act, 1935 - Undvided India
        
        Territory acquired by India after 1947
        
        Sikkim
        
        Goa
        
        Dadra and Nagar Haveli
        
        Damn and Diu
        
        Puducherry
        
        Bangladesh Enclaves
        
        WHAT is current status
        
        Holding a Passport of Other Country
        
        HOW : By Registration
        
        Process
        
        This Person applies for Visa for being a Citizen of India
        
        with the Undertaking that he will renounce citizenship of Previous Country
        
        Governemnt gives them Visa to be a Ordinary Resident
        
        Demand : 7 Years of Citizenship in India
        
        which is NOT Continuos but can be Irregular
        
        Exceptions
        
        Can Exclude Countries Like Bangladesh & Pakistan which may vary from time to time due to various Reasons
        
        Security of Nation
        
        Population Control in India
        
        Application to ?
        
        Ministry of Home Affairs
        
        Type 2 - Foreigner Marrying and Indian Citizen
        
        BKG : Foreigner who is not a PIO but Marries and Indian
        
        Condition :
        
        Marries and Indian Citizen
        
        Stays in India for Period of 7 Years
        
        Type 3 - OCI Status Cardholder
        
        Background
        
        OCI : Overseas Citizenship of India Status
        
        Started by Government in 2003
        
        OCI are not Citizens of India but has some Privilege
        
        now this OCI Person if wants a Citizenship in India, can get Citizenship in India
        
        PIO Card → OCI Card
        
        PIO Cardholder was Introudced by India in 1999
        
        To Recognise Contributions in FDI & Political Support
        
        PIO Cardholder Status
        
        File Application
        
        Pay Fees
        
        Once PIO Cardholder Status was Granted → They still had to Go for Visas and Stuff
        
        Hence some priviliges were given to them
        
        for 15 Years No Visa was Needed
        
        Stay for 180 Days in India without any Permission
        
        He wil have Property Rights similar to that of Indian Citizen
        
        in both Mobile & Immobile Properties
        
        except for Agricultural Lands & Plantation Properties
        
        PIO were Demanding Dual Citizenships becasue
        
        They weren’t eligible to Contest Elections
        
        Not able to Participate in Government Exams
        
        Committee was Setup to Look into the Matter
        
        Committee Reccomended Dual Citizenship
        
        Parliament rejected the Reccommendation.
        
        But Government Found a Mid Way
        
        Above PIO + Below Citizenship of India → Overseas Citizenship of India Status
        
        A PIO can Apply for OCI Status by Paying some Fees
        
        a OIC wil get
        
        Life Long Visas
        
        No Restrictions on Length of Stay
        
        Have Property Rigths - Mobile & Immobile - Agricultural Lands & Plantation Properties
        
        Countries Eligible
        
        Initially Given to only 16 Countries
        
        All Countries in the World
        
        Except for Pakistan
        
        PM Involved
        
        Atal Ji - Started
        
        Manmohan Ji - Narrowed Differences between PIO & OCI
        
        Modi - Made both PIO & OCI Same
        
        OCI Card Holder
        
        has to Posses Status of OCI for 5 Years
        
        Comes to India and Stays in India for 1 Year
        
        Undertaking that Previous Citizenship will be Revoked when Indian Citizenship is Given
        
        Summary
        
        🇮🇳 NOTE : PIO & OCI are NOT CITIZENS OF INDIA
      REVISIT OCI ka LAST PART
      - 4 Naturalisation
        
        Any Category of Person or Any Foreigner can become an Indian Citizen provided that the Foreigner is not an illegal Migrant
        
        Defintion of Illegal Migrant :
        
        Any Foreigner who enters India w/o a Valid Document or Extends his Stays in India according the Documents is an Illegal Migrant
        
        Conditions in Third Schedule of of CAA
        
        Ordinary Resident for a Period of 12 Years
        
        undertaking to renounce the citizenship of previous country
        
        Background Verification of Good Character by Local Police
        
        Adequate Knowledge of any one Language specified in 8th Schedule (22 Languages)
        
        Bonafide Interest to Stay in India
      RELISTEN FROM HERE
      - 5 Incorporation of Territory
        
        If a New Territory becomes a Part of India, the Government of India shall specify the persons of that territory who shall be citizens of India
        
        Example - Puducherry Citizenship Order, 1962
        
        100th CAA, 2015 - Exchange of Encalves between India and Bangladesh
        
        One cannot be Forced to take Indian Citizenship
      - 6 Special Provision as to Citizenship of Person covered under Assam Accord of 1985
        
        Background
        
        Assam Accord was Signed in 1985 under Leadership of Rajeev Gandh
        
        Assam Accord was a Tripartite Agreement signed among Government of India, Government of Assam and All Assam Studnets Union (AASU) demanding identification and Deportation of Illegal Migants from Bangladesh
        
        Important Details
        
        Parties
        
        Government of India
        
        Government of Assam
        
        AASU - All Assam Students Union
        
        To Prevent :
        
        Illegal Migration from Assam
        
        because of Porus Borders between India & Bangladesh
        
        Concerns with Migration
        
        Especially Economic Oppurtunities been taken away by illegal migrants
        
        Demographic Changes - some Hindu Majority distritcs became Muslim Majority Districts
        
        Main Demand
        
        Identification - Of Illegal Migrants
        
        Deportation - Back to Bangladesh
        
        Important Questions of Assam Accord
        
        Provisions of Assam Accorded as Incorporated in Citizenship Amendment Act, 1986
        
        What are the Conditions to Identify Illegal Migrants ?
        
        All Persons - Illegal Migrants
        
        before 1st Jan 1966
        
        Can be Granted Citizenship
        
        cuz Good Relation with East Pakistan
        
        Leniency due to Turmoil in East Pak Government. India had Good Relations with East Pak Gov Initially
        
        1 Jan 1966 - 25 Mar 1971
        
        Will be Illegal Migrant
        
        East Pak had a Elected & Stable Government
        
        Not Deported
        
        They will Register with Indian Authority ; From date of Registration to 10 Years in India - will be Given Citizenship
        
        Between Registering & Citizenship - they will have all rights except for Votes
        
        after 24 March 1971
        
        are Illegal Migrants
        
        they will be Deported & sent to Bangladesh
        
        Now Bangladesh has said that they will not accept these migrants as they are not Bangladeshi Citizens
        
        Now they will be sent to Deportation Centres
        
        Both India & Assam Govt had not Implemented Assam Accord
        
        In 2013 in SC, case was filled stating Illegal Migrations
        
        SC directed to Implement Assam Accord → NRC was done in Assam
        
        in NRC it was found that 1.9 Million People were Illegal Migrants
        
        1.3 Million → Were Hindus
        
        0.6 Millions → Were Muslims
        
        All These People have to be sent back to Bangladesh
        
        If Bangladesh Accepts → Deported Back
        
        If Bangladesh Doesnt → Put in Deportations Centres
      - Citizenship Amendment Act, 2019
        
        The Details
        
        CAA, 2019 → It is Giving Exceptions to Some Categories of Immigrants
        
        Citizenship Amendment Act, 2019
        
        Naturalisation of Illegal Migrants
        
        of 3 Countries → Pakistan, Afghanistan & Bangladesh
        
        Exceptions to
        
        Hindu
        
        Sikh
        
        Christians
        
        Buddhist
        
        Jain
        
        Parsis
        
        Entered India Before 31st December 2014
        
        Reason : in 2014 & Subsequent to 2014 with the coming of Modi there has been not a single ant been able to cross borders
        
        All these People are Eligible to become Citizens of India by Naturalisation
        
        What will these 6 Community Provide as Proofs
        
        Opinion of Government
        
        All these 6 Communities are considered to be Persecuted Minority
        
        Persecuted Minority - Who are Ill Treated, Harrased, Subjected to Homicide in original country
        
        all the 3 Countries are Muslim Majority States with Official Religion as Islam
        
        Indian being a Hindu Majority Country should give hope to these Persecuted Minorities
        
        Views on CAA 2019
        
        Criticism of CAA, 2019
        
        Violation of Article 2014
        
        Equality Before Law Violated - Citizens & Foreigners
        
        Why Not All Persecuted Minorities & Why Not All Neighbouring Countries ?
        
        Rohingyas from Myanmar
        
        Tamils from Sri Lanka
        
        Ahmediyas from Pakistan
        
        Violation of Secular Principles
        
        Putting Muslims is Deporation Centres
        
        It is Against Assam Accord
        
        Assam Accord Cut of Date : 24 March 1971
        
        In Favour of CAA, 2019
        
        Government - Its an Humanitarian Law to protect Persecuted Minorities
        
        Current Status
        
        Matter is Sub Judice
        
        But SC has not put a Stay on
    - Loss of Citizenship → for both (Deemed(before) && Acquisition (after))
      
      Nothing is Mentioned in the Constitution, it is decided by the Laws of Parliament.
      - Renunciation
        
        By Voluntary Act
        
        With the Parent, the Childs Citizenship who is minor will also be Renounced
        
        Will the Child be able to restore the Citizenship on Reaching 18 Years of Age ?
        
        Yes, but has to apply within 1 Year.
      - Termination
        
        By Application of Law
        
        When an Indian Citizen takes CItizenship of any Other Country, his Citizenship is terminated automatically from India
        
        Here the Main Difference is that, Here Minor Childs citizenship is NOT Revoked.
      - What is the Difference Between Renunciation & Termination ?
      - Deprivation
        
        Conditions for Deprivation
        
        Disloyal to India
        
        Fraud - Example : Malya & Nirav Modi
        
        Registration
        
        After Registration for a Period of 7 Years, If someone goes to Jail for the Next 2 Years.
        
        Outisde India
        
        Citizen of India who hasnt returned to India for a Period of 7 Years.
- Chronology of Citizenship Act - Liberal to Conservative
  - Citizenship Act, 1955 - (26 Jan 1950 - 01 Jul 1987) - Acquisition & Loss of Citizenship
  - Citizenship Act, 1986 - (1 Jul 1987 - 2nd Dec 2004) - Acquisition & Loss of Citizenship
  - Citizenship Act, 2003 - (from 3rd December 2004) - Acquisition & Loss of Citizenship
  - Citizenship Act, 2005 -
  - Citizenship Act, 2015 -
  - Citizenship Act, 2019 -
- Current Affairs

Constitution - Part 3, Part 4, Part 4A

Part 3 (Art 12 - Art 35) - Fundamental Rights
- ⭐️Important Questions & Concepts of Fundamental Rights
  - What is a Right ?
    
    An Entitlement by the State
  - What is the Difference between Rights & Fundamental Rights ?
    1. These are Fundamental Rights is because they are essential for a “Dignified Human Survival & Realize Fullest Potential of thyself”
    2. Dignified Human Survival
      1. To have sense of Respect for ThySelf
      2. This makes you feel like “Life is Worth Living”
    3. Fullest Potential, in terms of
      1. Intellectual
      2. Spiritual
      3. Physical
  - How is the Top Priority Given to Fundamental Rights (FR) ?
    1. One can go directly to the Supreme Court, w/o going to Lower Courts
    2. It is Protected & Guaranteed by the Constitution
  - What is the Purpose of Giving Fundamental Rights ?
    1. Constituent Assembly wanted the FR to be
      1. Protective
        
        Citizens be Protected from any Arbitrary & Tyranny of State
      2. Promotive
        
        Promotes Individual Well Being & Allied Aspects of Social Life
        
        Example : Art
  - Who can Exercise this Privilege or Who is Holder of the Right ?
    
    By Citizen or Foreigners (Alien)
  - Against Whom can we Assert this Right ?
    1. Against State
    2. Against Individuals
  - With Right comes Remedy - How & Against Whom ?
    
    Art 32 Provides for Rt to Constitutional Remedy
  - What is the Summary of Fundamental Rights ?
    
    Equality, Freedom, Exploitation, Religion. Culture Education, Remedies
  - We have Borrowed Fundamental Rights from ?
    
    Bill of Rights from American Constitution
  - How Many Number of Fundamental Rights were Originally & at Present ?
    
    Originally - 7
    
    Currently - 6
  - At the time of Independence we had how many Right ?
    1. we had a total of 7 themes of FR
    2. Art 31 - Right to Property has been Removed from Part 3 by 44th CAA in 1978 and sent to 300 A
  - How is Fundamental Right a Limitation on State ?
    
    If by the Actions of State ( above Defined ) → FR is Violated → Individual can Assert & Seek (Remedy & Justice) this in Court of Law → Which is a Limitation on Actions of State
- ⭐️Features of Fundamental Rights
  - 1 Rigidity v/s Flexibility
    
    Not as Rigid as US
    
    Not as Flexible as UK
  - 2 Citizen v/s Alien
    
    Only for Citizens → Art - 15,16,19,29,30
    
    Other All Are for both → Citizen and Aliens
  - 3 Qualified v/s Absolute
    1. These FR are only Qualified meaning they can be reasonably restricted
    2. Absolute Rights can cause harm to Other Individuals of Society
  - 4 Against State v/s Against Individual
    1. Some are Against the State Protection Against Arbitrary Action & Tyranny of State
    2. Some are Against the Individuals
  - 5 Negative v/s Positive
    1. Negative - Restrict the State
    2. Positive - Confer Privileges on Person
  - 6 Interaction with Court of Law
    1. Justiciable - Can Move to Court of Law
    2. Defended & Guaranteed by Supreme Court
  - 7 Not Sacrosanct & Permanent
    1. Can curtail or repeal them
    2. Only without affecting the Basic Structure of Constitution
  - 8 Can be Suspended in Case of
    1. National Emergency - Except Art 2० & Art 21
    2. 6 Rights of Art 19 Suspended
      1. on basis of : External Emergency → Emergency on Grounds of War & External Aggression
      2. NOT on basis of : Internal Emergency → Armed Rebellion
  - 9 Scope of Operation is Limited
  - 10 Mode of Enforcement
    1. By Means of Law (Art 35) - Only By Parliament, Not by State Leg
    2. Self Executory
- ⭐️Parts of Basic Structure
  - 1 Possibility of Amendment to Basic Structure
    1. Cannot be Deleted - Whatever is Given cannot be taken Away
    2. Value Can be Added - to Existing
  - 2 Basic Structure According to KNB Case is
    1. Supremacy of the Constitution
    2. Unity and Sovereignty of India
    3. Democratic and Republican form of government
    4. Federal character of the Constitution
    5. Secular character of the Constitution
    6. Separation of Power
    7. Individual Freedom
  - 3 Over time, many other features have also been added to this list of basic structure features. Some of them are:
    1. Rule of law
    2. Judicial Review
    3. Parliamentary system
    4. Rule of equality
    5. Harmony and balance between the Fundamental Rights and DPSP
    6. Free and fair elections
    7. Limited power of the parliament to amend the Constitution
    8. Power of the Supreme Court of India under Articles 32, 136, 142 and 147
    9. Power of the High Court under Articles 226 and 227
- ⭐️Art 12 - Art 13 → Basics of Part (III)
  - ⭐️Art 12 - Defines the Term State for the Purpose of Part 3 of the Constitution ⭐️
    - Article 12 Says
      
      Definition In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India
    - Why do we need to define State ?
      1. This helps us in deciding that “Against whom to Assert these Rights” ?
      2. This helps us in Defining “The Arbitrary Action of” State**.** Hence Definition Necessary
      3. Most FR are against State. Hence Definition Necessary
    - What is a State Acc to Art 12 ?
      1. Government & Parliament of India
        
        P VP PM CoM + Civil Servant
      2. Government & Legislature of States
        
        G CM CoM + Leg Assembly + Leg Council
      3. Local Authorities
        
        Panchayats, Municipalities etc
      4. Other Authorities within the Territory of India, under the Control of the Government of India
        
        Other : LIC, ONGC, SAIL, MTNL, BSNL, HAL, DRDO
    - What is Other Authorities ?
      - Electricity Board of Rajasthan v/s Mohan Lal, 1967
        
        other authorities would include
        
        all the authorities created by the constitution or statute on which powers are conferred by law
        
        The court held that an electricity board would also be a state overruling a previous judgment where the court had ruled otherwise
        
        In another important judgment of SC, it was held that statutory corporations such as ONGC and LIC are also a part of the state under article 12
      - Ajay Hasiya v/s Khalid Mujeeb, 1981 Case - Doctrine of Instrumentality & Agency
        
        Share Capital
        
        If Govt is a Majority Share Holder
        
        Financial Assistance
        
        If the financial assistance provided to a body by the govt. is so much that it meets the entire expenditure of the company
        
        Monopoly Status
        
        If company enjoys a State Conferred Monopoly
        
        Ex MTNL, BSNL, HAL, DRDO
        
        Nature of Functions
        
        Related to Govt Functions or Important Functions
        
        if an entity performs public functions or functions closely related to govt. functions
        
        State Control
        
        Appointments of Important Positions in the Company/Organisation
        
        Note : All these Principles are not needed to be Applied at Once, Even if one or some apply, it will also be considered as a Satte
    - Is Judiciary a Part of State ?
      1. Judiciary falls under the definition of state in some ways, and still, in some ways, it does not
      2. Judiciary carries out:
        
        Judicial functions - Not Considered as State
        
        Administrative functions - Considered as State
        
        Rulemaking functions - Considered as State
  - Art 13 - Laws Inconsistent with Fundamental Rights be Void
    - Important Questions
      - What is Judicial Review ?
      - What are the Laws ?
        
        Pre Constitutional Law
        
        Entire Bulk of IPC & CrPC
        
        Example :
        
        Sec 124 A - Sedition
        
        Sec 377 - Rape
        
        Post Constitutional Law
        
        IT Act, 2000
        
        Motor Vehicle Act, 1987 → Amended in 2016
        
        Right to Information Act, 2005
        
        Right to Education Act, 2009
        
        Laws Made by
        
        Parliament
        
        State Legislature
      - What is Inconsistent ?
        
        Not in Sync
        
        Out of Line
        
        Not in Congruence
        
        Not in Concurrence
      - What are the Article of Fundamental Rights ?
        
        Directly Confers the Rights - Art 14 to 32
      - What is a Void ?
        
        It cannot be Implemented, There will be no Legal Affect
      - How much of Law will be Stuck Down ?
        
        Not the Full Law but
        
        to the Extent of Inconsistency, the Laws will be Struck Down
      - Who can strike down the Law ?
        
        Judiciary Interprets and can decalre the Laws to be Void
        
        Courts use Power of Judicial Review
        
        Under Art 13 - Power of Judicial Review under Art 13
      - What is a Judicial Review - Suo Moto Cognisance
        
        It is the Power of Courts to Review Actions of Legislature & Executive and declare them null & void if its actions are found to be violative of provisions of constitution
        
        Under Art 13, it is the power of the courts to Judicially Review, the actions of Legislature & Executive. If they are found to be violative of fundamental rights they can be decalred as void
        
        The Power of Judicial Review is Implicit under Art 13 it is not Explicitly Mentioned under Art 13
      - What is the Idea of Art 13
        
        To Give Primacy & Supremacy to Fundamental Rights
        
        Checks the powers of the legislature
        
        Shows significance/sacrosanctity of FRs
        
        It's like a safety valve for FRs
    - Extra Self
      - Does the Word Law Include Ordinary Laws & Constitutional Amendment ?
      - Doctrine
        
        Doctrine of Severablity
        
        Doctrine of Eclipse
      - Can a Constitutional Amendment (Article 368) abrogate/reduce the effect of the FR?
        
        Article 368 v/s Article 13
        
        Shankari Prasad v/s Union of India, 1950
        
        Whether the courts can look into CAA, ie., whether CAA is a law or not. (If a law, then subject to Article 13)
        
        1 CAA added 9th schedule among others
        
        Laws kept under 9 Schedule, even if they violate FRs(Fundamental Rights), they cannot be struck down for violating Article 13
        
        SC(Supreme Court) majority opinion was that CAA is not a law, hence not subject to judicial review.
        
        Sajjan Singh v/s State of Punjab, 1965
        
        Whether CAA is a law was the question;
        
        Similar judgement-CAA is not a law;
        
        In this case, the minority judges(2 judges out of 3 judges) dissented- Justice Hidayatullah & Justice Mudholkar;
        
        Justice Hidayatullah opined that FRs are sacrosanct & they cannot be amended;
        
        Justice Mudholkar opined that every constitution has certain parts that can be amended and that sections which cannot be amended. If the entire constitution can be amended then what was the need of writing a constitution by the CA(Constituent assembly)
        
        Golaknath Case v.s State of Punjab, 1967
        
        7th CAA was challenged before a larger bench;
        
        Whether CAA is a law or not;
        
        CAA is equal to law & hence subject to Article 13;
        
        Hence the effect of FRs cannot be amended; FRs are sacrosanct;
        
        24th CAA, 1971
        
        introduced Article 13(4)& A*rticle 368(3)*to the Indian constitution;
        
        Nothing in this article shall apply to an amendment to the constitution made under Article 368-->Thus beyond the judicial powers of the court now;
        
        FRs can now be amended under Article 368;
        
        Thus via a CAA any part of constitution can be changed & cannot be challenged under Article 13;
        
        Keshavananda Bharti Case v/s State of Kerala, 1973
        
        42nd CAA, 1976
        
        Minerva Mills v/s Union of India, 1980
      - Criticism of Basic Structure Doctrine
        
        No constitutional basis
        
        Tyranny of the unelected—Judges
        
        Violates Separation of powers
        
        Subjective and vague Doctrine
    - Evolution of Basic Structure Doctrine - Parliament (Art 368) v/s Judiciary (Art 13)
      - The Chronology
      - Socio Economic Reforms after Independence
        
        Like Zamindari Abolition Acts → Led to Resistance Amongst People
      - Kameshwar Singh v/s State of Bihar, 1950
        
        He didn't want to sell the Property, he thought it was the Violation
        
        of Right under Art 19
        
        Art 19(1)(f) - Acquire Hold Dispose Property
        
        Grounds of Restriction
        
        Interests of General Welfare of Society
        
        Interests of Protecting Rights of SC/ST
        
        of Right under Art 31
        
        Govt can take away property only by a law Passed by the Government ; and not only by a Executive Action
        
        That Compensation under Law under Art 31 is not a Just & Fair Compensation
        
        of Right under Art 14
        
        Govt had given Various Discretion of Value of Land for Various People
        
        Supreme Court Said
        
        Just & Fair Compensation is different from Equal Compensation
        
        Just & Fair Compensation is Must
      - 1st CAA - Art 31 B, 1951
        
        Art 31 B Says
        
        Saves those Laws from Judicial Review which are placed in 9th Schedule
      - Addition of 9th Schedule
        
        Originally Constitution had 8 Schedule
        
        First Law which was added : Bihar Land Reforms Act 1950
        
        It now has 284 Laws Now
      - Shankari Prasad v/s Union of India, 1951
        
        Supreme Court has to decide
        
        What is the Power of Parliament to Amend the Constitution ?
        
        Insertion of Art 31 B is in Part 3 of the Constitution - Parliament is Taking Away Fundamental Rights by Amending the Fundamental Rights Part
        
        Whether Constitutional Amendments are Considered to be a Law under Art 13 ?
        
        Under Art 13 - He Said Addition of Art 31 B under 1 CAA is a Law in Itself and hence can be Declared Null and Void
        
        SC Said that
        
        Parliament has 2 Types of Powers
        
        Constituent Powers under Art 368
        
        Constituent Powers similar to that of a Constituent Assembly
        
        This power was given to Parliament because CA wanted the Constitution to be a Living Document
        
        Hence, Parliament can Amend the Fundamental Rights under Art 368
        
        Ordinary Law making powers
        
        SC said that according to CA debates, CA never wanted to consider CAA as a Ordinary Law
      - Sajjan Singh Case v/s State of Rajasthan, 1965
        
        17th CAA was challenged in SC
        
        Rajasthan came up with Land Reforms Act and requested the Parliament to put up the Law in 9th Schedule
        
        Same Result as that of Shankari Prasad Case
        
        If CAA is taking away FR Parliament can Still Amend it, only a Ordinary Law cant take away your FR
      - IC Golaknath ORS v/s State of Punjab, 1967
        
        Basic Line of Argument by SC : Parliament is having Constituent Power under Art 368
        
        Golaknath Brother Argued that there is no Constituent Powers to the Parliament as
        
        Originally Art 368 says : Procedure to Amend the Constitution
        
        There is no mention of Power of Parliament → Hence they don’t have a Constituent Assembly like Power.
        
        Hence Now SC Stance was
        
        Earlier Until Now Parliament had two Laws :
        
        Constituent Law Powers : not under Art 13
        
        Ordinary Law Making Powers : under Art 13
        
        Now Parliament gad
        
        Constituent Law Powers : is under Art 13
        
        Ordinary Law Making Powers : is under Art 13
      - 24th Constitutional Amendment Act, 1971
        
        Amended Art 368 → Added [Power] → Power & Procedure to Amend the Constitution
        
        Amended Art 13 →
        
        Earlier → Laws Inconsistent with Fundamental Rights be Void
        
        Now → Constitutional Amendments under Art 368 would not be Law under Art 13
        
        What was given by SC as Judgement in Shankari Prasad & Sajjan Singh Case - was added by the Parliament to the CAA as an Amendment
      - Keshavananda Bharti Case v/s State of Kerala, 24 April 1973
        
        While Shankari Prasad and Sajan Singh Case gave unlimited Powers to the Parliament, KBC gave limited Powers
        
        SC upheld that there is a Constituent Power and 24th CAA is valid and Constitution can amend the Fundamental Rights but it should not destroy the Basic Structure
        
        Basic Structure
        
        Sovereignty
        
        Democratic
        
        Republic
        
        Hence, Now merely for Amending the FR you cannot challenge the CAA in Court of Law
        
        it can only be challenged only on the Ground that it violates Basic Structure
        
        The Sacrifise of Justice Khanna
      - Indira / Raj Narayan Case, 1975
        
        Free & Fair Elections Added to Basic Structure
      - 42nd CAA, 1976
        
        Amended Art 368 of Constitution → Constitutional Amendements will be complete Immune to Judicial Review
      - Minerva Mills Case, 1980
        
        Power of Judicial Review of Courts is a Part of Basic Structure and Hence even by a CAA it cannot be changed. Hence 42nd CAA’s was struck down
      - Indira Sahani Case, 1992
        
        Rule of Law Added to Basic Structure
      - SR Bommai Case, 1994
        
        Secularism Added to Basic Structure
      - NJAC Case, 2015
        
        Independence of Judiciary Added to the Basic Structure
      - Final Answers
        
        Can Parliament Amend the Constitution
        
        Yes
        
        Is it Unlimited ?
        
        No, it is Limited
        
        How much is it limited
        
        It cannot destroy the basic structure
        
        Can parliament amend FR
        
        Can Amend but not to the extent to destroy the basic structure
        
        Can amendment to the FR be declared null and void by the courts
        
        Yes it can be declared to be Null and Void, only if it violates the Basic Structure
        
        Who determines the Basic Structure
        
        Supreme Courts
    - Summary of Cases of Basic Structure Doctrine - Dynamic
- Art 14 - Art 18 → Right to Equality (5)
  - Art 14 - Equality Before Law & Equal Protection of Law (1)
    - Art 14 in Constitution
      
      The State shall not deny any person equality before Law or the equal protection of Laws within territory of India
    - To Whom & Against Whom
      1. Persons
        
        Natural Persons
        
        Artificial Entities
      2. Who Shall Not Discriminate
        
        State
    - Why these 2 types of Application of Law came into existence
      - Absolute Function of Equality is not Possible
      - Treating Equals Equally is Actual Law
      - Before Law & Protection of Law
    - Equality Before Law
      - Concept
      - Exception
        
        Art 361 - President & Governor
        
        Criminal Cases
        
        Can’t be Convicted in Criminal Cases
        
        Can be trial after the Leaving of Posts
        
        Civil Cases
        
        Can be tried while in Office
        
        Notice of 2 months to be Given
        
        Art 105 & Art 194 - Parliamentary Privileges
        
        Art 105 -
        
        Art 194 -
        
        Diplomatic Immunity to a Foreign Sovereign
    - Equal Protection of Law
      - Background
        
        Talks about Equals being Treated Equally
        
        Equal Protection of Law is not Against Equality before Law but helps in Achieving it.
        
        Equality Before Law includes Equal Protection of Law under Art 14
        
        Equal Protection of Law is applied in the form of Different Groups can be Created and Different Privileges can be conferred upon certain Groups to Empower them
        
        Can be called as an Affirmative Action or Positive Discrimination
        
        Reservation is Example of Positive Discrimination
        
        Individuals who are considered to be Backward (Primarily Socially)
        
        Scheduled Caste
        
        Scheduled Tribe
        
        Other Back Ward Class
      - Summary
        
        Similar Treatment of Individuals whoa are similarly placed
        
        Positive Discrimination or Affirmative Action
        
        Reasonable Classification - Classification Should not be Arbitrary
        
        Reasonable Nexus between Classification & Object
        
        Examples
        
        Reservation Policy
        
        Schedule Caste : 15% Reservation in Educational Institution and Govt Jobs
        
        Schedule Tribe :
        
        Other Backward Class :
        
        Progressive Taxation Policy
        
        Slab Based Taxation Policy
        
        Citizenship Amendment Act, 2019
        
        This is Violative of Equality Before Law
        
        This is Application of Equal Protection of Law with Reasonable Classification of 3 Countries and 6 Religions
      - Most Important Concept
        
        There should be a Reasonable Nexus in the Objective and Grouping of the Beneficiaries
        
        The
        
        The Positive Discrimination
        
        The Affirmative Action
        
        of the State
        
        Should not become Discrimination in totality for the Unreserved
  - Art 15 - Prohibition of Discrimination on Certain Grounds (6)
    - What is Art 15
      
      Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth - ReRa CaSe PoB
    - Art 15(1)
      - Summary No Discrimination ReRa CaSe PoB
      - What is Art 15(1)
        
        State Shall not Discriminate against any citizen on Grounds only of Religion, Race, Caste, Sex or Place of Birth or Any of them.
      - Shall not Discriminate Against
        
        Religion - Belief Faith
        
        Race - Physical Attributes
        
        Caste - Varna System
        
        Sex - Biological Factors
        
        Place of Birth - Birth Place
        
        Any of Them - or a Combination of them
    - Art 15(2)
      - Summary No Discrimination ReRa CaSe PoB Disability, Liability, Restrcition (a) Access - Shop Pub Res Hot & Place of Pub Ent (b) Use - Well Tank Ghats Road Pub Resort - Wholly Partly by State Fund
      - What is Art 15(2)
        
        No Citizen shall be discriminated on grounds only of Religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability or restriction with regard to
        
        (a) access to Shops, Public Restaurants, Hotels & Places of Public Entertainment
        
        (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds
      - Access - Can be Private Owned
        
        Public Entertainment (Parks, Malls, Exhibition Centre) - Can be Private Hotel - Can be Held by Private Individual
      - Use - Has to be Partially / Fully by State
    - Art 15(3)
      - Summary Special Provision for Women & Children
      - What is Art 15(3)
        
        Confers Power upon the State for making any special provisions for women and children
      - Background
        
        is a Enabling Provision for Women and Children
        
        It is Dependent on the Will and Wish of State
        
        Women and Children cannot Demand the Right
      - Example
        
        73rd 74th CAA - Special Provision for Women
        
        Gave Constitutional Status to Panchayats and Municipalities
        
        Reservation for Women - 33% to Women
        
        Odd and Even Policy in Delhi - Special Provision for Women
        
        Men have to follow Odd & Even
        
        Women can drive any day
        
        Juvenile Justice - Care & Protection of Children Act, 2015 - Special Provision for Children
        
        Juvenile is someone below 18 Years of Age
        
        Criminal Offence Punishment for Adult & Children is not Same
    - Art 15(4)
      - Summary Special Provision for SEBC/SC/ST Institute : Govt Institution
      - What is Art 15(3)
        
        Confers Powers upon the State to Make Special Provisions for the Advancement of any socially and educationally backward classes or the Schedule caste and Schedule Tribes
      - Background
        
        For SEBC / SC / ST
        
        Added by First Constitutional Amendment Act, 1951
        
        and the History for it is
      - Champakam Dorairajan v/s State of Madras Case, 1951
    - Art 15(5) - Confers power upon the state to make special provisions by law for the advancement of any socially educationally backward classes or the for the schedule caste or for the scheduled tribes in so far as such special provisions relating to their admission to educational institutions including private educational institutions whether aided or unaided by the state except minority educational institutions
      
      Why Article 15(50 when there is Article 15 (4) ?
      1. Supreme Court Judgement in Inamdar Case 2005
        
        Powers Conferred to state doesn't extend to giving reservation in Private Educational Institutions
        
        Added by 93rd CAA
      2. Special Provision for SEBC/SC/ST
      3. Exception : Minority Educational Institution
    - Art 15(6) - Confers Power Upon the State for the Advancement of any EWS of citizens through reservation in Educational Institutions not exceeding 10 Percent
      1. Based on Economically Weaker Section
      2. Added by 103rd Constitutional Amendment Act, 2019
      3. This 103rd CAA was challenged in court of Law. Given that CAA can only be challenged if it affects the Basic Structure Doctrine
      4. Challenged on the basis of
        
        in Indira Sawhney Case, 1992 SC said that
        
        Reservation is Approved but
        
        The Reservation Should not be above 50%
        
        OBC - 27
        
        SC - 15
        
        ST - 7.5
        
        Total : 49.5
        
        EWS : 10
        
        SC maintained that any reservation above 50% is violative of rule of law
      - Condition for being a EWS
  - Art 16 - Equality of Opportunity in Public Employment (7)
    - Art 16
      - Article is
        
        Equality of opportunity in Matters of Public Employment
      - Exceptions to Art 16
        
        Presidential Guards
        
        Only People from 3 Caste can be in Presidential Guards
        
        Rajputs
        
        Sikhs
        
        Jaat Sikhs
        
        Petition was filed against this in Delhi High Court
        
        Govt Replied that
        
        People from these 3 Castes → They have uniform body structure
        
        This case is Sub Judice Right Now
        
        Women in Army for Permanent Commission
        
        SSC - Short Service Commission
        
        Indian Army SSC - 14 Years of Service
        
        Permanent Commission from SSC → can serve upto Retirement Age
        
        But Women weren't allowed to get into Permanent Commission earlier
        
        Now, in some fields permanent commission has been allowed for women ; Like in
        
        Recruitment Division
        
        Ordinance
        
        Traffic
        
        Non Combat Divisions
        
        Not in all fields
        
        Reasons Given by Army
        
        Biological Factors
        
        May have to go on Long Leave and it will be strategically bad for army
        
        Socio Cultural Factors
        
        Most of the Jawans are from Rural Background, They look upto leaders
        
        Who are More Stronger
        
        Women Might have difficulties in commanding leadership
        
        Operational Constraints
        
        in 2021, SC didn't accept these factors
    - Art 16 (1)
      - Article is
        
        There Shall be Equality of Oppurtunity for all citizens in Employment to any office under the state
    - Art 16 (2)
      - Article is
        
        There shall be no discrimination among any citizen only on the grounds of religions, race, caste, sex, descent, place of birth, residence, or any of them for employment under office of the state
    - Art 16(3)
      - Article is
        
        Parliament shall have the power to make laws regarding residence as a requirement for certain employment or offices under the states
      - Its an Enabling Provision → To make a Law → for Local Residents only can Apply for the Jobs
      - The Services can be Reserved in case of Sub Ordinate Services only i.e → Group C & Group D Services
      - Example : Public Employment (Requirement as to Residence) Act, 1957
        
        Certain Jobs in : Manipur, Himachal Pradesh, Andhra Pradesh, Tripura
        
        in all these places : Reserved only for Local Residents
    - Art 16(4)
      - Article is
        
        Confers Power upon the State to make provisions for reservation of post in favour of backward classes of citizens
      - First Backward Classes Commission, 1953 (KaKa Kalelkar Commission)
      - Second Backward Classes Commission, 1979 (Mandal Commission)
        
        Appointed by Morar Ji Desai Govt after Emergency, Govt Collapsed in 1980
        
        Implemented by V P Singh Government in 1990
        
        Recommendation of Mandal Commission 27 % Reservation to OBC in Central Government Jobs to elevate their position
      - Final Recommendations
        
        27% OBC Reservation in Centre & State Govt Jobs - Added by Mandal Commission
        
        27% OBC Reservation in Successive Promotion - Added by 77th CAA
      - Indira Sawhney Case, 1992
        
        27% Reservation of OBC in Central Government Jobs was challenged in Court
        
        SC upheld 27% Reservation of OBC in Central Government Jobs
        
        Conditions Put Forth by Government
        
        Concept of Creamy Layer
        
        SC & ST is Homogeneous Community
        
        OBC is Not
        
        OBC Creamy Layer - are Socially & Educationally Advanced
        
        Hence Creamy Layer should be excluded from Reservation
        
        and Non Creamy Layer OBC should be Given Reservation
        
        Reservation only should be given to Deserving People
        
        No Reservation in Promotion
        
        50% Ceiling Limit in Reservation
        
        If this Limit is surpassed, rule of law for general will be violated
        
        in Both Centre & State Government
      - Current Reservation Status
        
        OBC - 27%
        
        SC - 15%
        
        ST - 7.5%
        
        EWS - 10%
        
        Total : 59.5%
      - How is Reservation of more than 50% been Given in some states
        
        Maharashtra Case - Reservation of 50% - Struck Down by SC
        
        Old Reservation was 46-48% Reservation
        
        Backward Commission was Appointed by State Govt to study that Maratha Community will fall under OBC or not
        
        Backward Commission said that Maratha Community is in Backward Classes
        
        Hence Maharashtra Government, Gave Reservation and total Reservation was 64%
        
        First to HC → Then to SC → SC Struck Down the Reservation citing
        
        It goes over and above 50% Rule
        
        Maratha Community is Advanced Community both Socially & Educationally
        
        Tamil Nadu Case - Reservation of 69% - Sub Judice in SC
        
        Prelude & Backdrop
        
        50% Rule Violated by Giving 69% Violation
        
        Tamil Nadu Reservation & Educational Institutions & Public Employment Act, 1994
        
        Actions
        
        State Govt can pass the Law
        
        Only Parliament add to 9th Schedule by means of CAA
        
        TN Govt Requested the Parliament to Place this Law under 9th Schedule - Hence it becomes Immune to Judicial Review
        
        Hence 69 Percent Reservation Continued
        
        IR Coelho Case, 2007
        
        Until Now 9th Schedule was Immune to Judicial Review
        
        IR Coelho argued that the By Putting any Laws in 9th Schedule of Constitution & Giving them Blanket Immunity It Violated Basic Structure Doctrines Part = Judicial Review
        
        Hence SC upheld that Laws Under 9th Schedule which violate Basic Structure Doctrine can be subject to Judicial Review
        
        Doctrine of Basic Structure came into Existence 24 April 1973
        
        After 24 April 1973 && Violates Basic Structure - Can be Challenged
        
        Before 24 April 1973 && Violates Basic Structure - Cannot be Challenged
        
        TN Reservation 69% Case
        
        FOR REMOVING 69% RESERVATION
        
        69% Reservation was given by a Act in 1995
        
        Which is After 1973
        
        Also it violates Rule of Law && Rule of Law is Part of Basic Structure Doctrine
        
        AGAINST REMOVING 69% RESERVATION
        
        Mandal Commission Whole India OBC was 52% Reservation was 27%
        
        Where as TN Has 90% OBC Hence More Affirmative Action is needed Hence More Reservation is Needed
    - Art 16(4)(A)
      - Article is
        
        Reservation in Promotion by State in favour of SC & ST
      - How Much Reservation ?
        
        Varies in Centre and in State to State
      - Reservation in ?
        
        Centre & State
    - Art 16(5)
      - Article is
        
        Confers power upon the state to make appointment to any religious denominations belonging to a particular religion
      - Example : Tamil Nadu Hindu Religious Charitable & Endowment Act, 1959
        
        Approximately 30,000 Temples are under control of Management of State of Tamil Nadu
        
        State can appoint : Manager & Priests
    - Art 16(6)
      - Article is
        
        Confers Power upon the State to make reservation to public offices for categories of persons belonging to economically weaker section (EWS) not exceeding 10%
      - Inserted by 103rd CAA
        
        Inserted both 15(6) - EWS in Educational Institutions
        
        Inserted both 16(6) - EWS in Matters of Public Employment
      - This Amendment is Still Sub Judice
  - Art 17 - Abolition of Untouchability (1)
    - Art 17
      
      Abolition of Untouchability
    - Untouchability
      1. is a Form of Social Disability
      2. is a Social Evil
      3. is against the concept of & Denies Equality
      4. Still Prevalent in Some Rural Parts of India
    - Art 17 Says that
      
      Disability arising out of practise of untouchability is a punishable offence
    - But
      
      It doest define untouchability
    - Laws Passed by Government
      - Untouchability Offences Act, 1955
        
        Defines Untouchability & Defines Punishment of Offence
        
        Made Untouchability
        
        Non Cognizable & Bailable Offence
        
        Non Cognizable Offence
        
        Police cannot arrest without a Warrant
        
        Bailable Offences
        
        Is a Matter if Right
        
        Only a Charge Stands now
        
        He is Not Guilty Yet
        
        Can be Given by Police or Magistrate
      - Protection of Civil Right's Act, 1976
        
        Defines Untouchability & Defines Punishment of Offence
        
        Made Untouchability
        
        Cognizable & Non Bailable
        
        Cognizable
        
        Police Can Arrest w/o a Warrant
        
        Non Bailable Offence
        
        Is not a Matter of Right
  - Art 18 - Abolition of Titles (1)
    1. Titles are hereditary in Character like : Raja, Maharaja, Nawabs
    2. This Created a Lot of
      1. Social Inequality in Society
      2. Artificial Distinction in Society
    3. CA felt that this goes against Equality of Status
    4. Balaji Raghavan v/s Union of India Case, 1996
      1. Courts Allowed Presentation of Awards by Indian State
      2. Indian Citizen cannot received Awards but not Titles
    5. Except - Academic & Military Titles
    6. Objectives
      1. to avoid social equality & artificial distinction
- Art 19 - Art 22 → Right to Freedom (5)
  - Art 19 - Protection of Certain Rights regarding Freedom of Speech (6)
    - Articles 19 & Its Allied Restrictions - A Summary
      
      Art 19 1 A - FoSE Art 19 2 - 8 RR
      
      Art 19 A B - Assemble w/o Arms Art 19 3 - 2 RR
      
      Art 19 A C - Association Union Co Operatives Art 19 4 - 3 RR
      
      Art 19 A D - Move Freely Territory of India Art 19 5 - 2 RR
      
      Art 19 A E - Reside & Settle Art 19 5 - 2 RR
    - Art 19(1)(a) - Right to Freedom of Speech and Expression
      - What is Freedom of Speech & Expression ?
        
        Expression of Ideas, Beliefs, thought process, Faith and Ideologies subject to Reasonable Restrictions
      - How can it be Expressed ?
        
        In the form of Picture, Writing, Speaking, Audio Video & Other Modes
      - Is it Absolute ?
        
        It is not Absolute & is subject to Reasonable Restriction
      - What is the Definition of Right to Freedom of Speech and Expression
        
        Definition : It is the Fundamental Right of the Citizens to express their ideas, views, beliefs, thoughts in the form of word of mouth, writing, painting, picturing, etc
      - How is Democracy Affected by FoSE ?
        
        It is the Essence of Participatory Democracy in the World
      - What are the Important Dimensions of Rt to FoSE ?
        
        Right to Freedom of Press
        
        In Romesh Thapar v/s Union of India, 1950, Supreme Court declared the Right to Freedom of Press is Implied under RFoSE
        
        Right to Freedom of Press
        
        Protects Pre Censorship
        
        Right to Propagate
        
        Right to Publish
        
        Press Cant be Subjected to Arbitrary Taxation
        
        Right to Criticise
        
        Kedarnath v/s State of Bihar,
        
        Right to Remain Silent
        
        Bijoe Immanuel v/s State of Kerala,
        
        Students not singing national anthem, not disturbing anyone but not singing
        
        SC Held that staying silent is not a sign of non patriotism and is the right under FoSE
        
        Right to Know the Criminal Antecedents of Candidates Contesting Election
        
        ADR - NGO to being Electoral Reforms in Country
        
        Association for Democratic Reforms (ADR) v/s Union of India Case
        
        SC Held that - People contesting election should declare their Criminal Antecedents
      - Can the Rt to FoSE be Restricted ?
        
        Yes, as it is subject top Reasonable Restriction
      - How many grounds on which FoSE can be restricted ?
        
        in total 8.
      - Who can Restrict it ?
        
        Only State can by means of Reasonable Restriction
      - How can the FoSE be Restricted ?
        
        It can only be restricted by a way of a Law
      - What are the Grounds ?
        
        Sovereignty & Integrity of India - Law Pending
        
        Example : anybody who would write or say something that affects the Sovereignty of India
        
        Example : a Separatist Leader of Kashmir
        
        Example : Anti India Comments on Social Media can be Removed
        
        Security of the State
        
        Law : Unlawful Prevention of Activities Act, 1967
        
        Friendly Relation with Foreign State - Law Pending
        
        Example : Someone is Authoring a Book, in which it consists some information which can strain the relation of India and some country
        
        Hence, India on the basis of Reasonable Restriction can either completely ban or partly remove
        
        4 Public Order
        
        Law :
        
        Sec 153 A - Hate Speech → Incitement of Offence → Disrupted Public Orders
        
        5 Decency or Morality
        
        Decency or Morality : Means of Norms of Society
        
        Law : Indian Cinematographic Act, 1952
        
        Body : Central Board for Film Certification (CBFC) - Does Pre Censorship of Movies
        
        Why is Pre Censorship only to movies and not Press ?
        
        Context : the content of motion pictures can affect the minds of society and frame narration
        
        Not Pre Censored - Books, Press (Online & Offline), Newspaper
        
        Pre Censored - Movies
        
        It has huge impact on audience
        
        something that people may like unlike book
        
        you can easily convey message
        
        actors are looked upon as role models
        
        6 Contempt of Court
        
        Contempt of Court : Showing disrespect to the court including criticising the judges and their decisions
        
        Example : Prashant Bhushan
        
        Law : Contempt of Court Act, 1971
        
        7 Defamation
        
        Reasonable Restriction to : Defamation Law : Section 499 of IPC
        
        8 Incitement to an Offence
        
        Reasonable Restriction to : Incitement to an Offence or Hate Speech either Libel (written) or Slander (Speaking) to defame an Individual or a section of Society Law : Sec 153 A of CrPC
      - Some Controversial Restrictions
        
        Sedition
        
        What is the Definition of Sedition ?
        
        the use of words or actions that are intended to encourage people to be or act against a government
        
        Any Action (words, signs or visible representation) that attempts to bring hatred or contempt or dissatisfaction or disloyalty towards the government established by Lae in India
        
        What is the Law for it ?
        
        Under Section 124 A of IPC Sedition is an Punishable Offence
        
        Punishment Range : 3 Yrs to 14 Yrs
        
        What is the current Petition in SC ?
        
        to have a Sedition or to do away with it
        
        What is the Background of this Law in India ?
        
        IPC came into existence in 1860
        
        1870 Amendment brought in Sec 124 A under IPC
        
        It was brought in to control the actions of freedom fighters
        
        Some Freedom Fighters who were found guilty of Sedition in British Times - Tilak & Gandhi
        
        Gandhi Ji even pleaded guilty of this Offence
        
        Will Criticism Amount to Sedition ?
        
        In Kedarnath v/s State of Bihar Case, SC held that Mere Criticism of Government will not amount to Sedition
        
        How many Sedition Charges are actually convicted ?
        
        According to NCRB, in 97% cases the case put forth by govt is nullified and convicts are acquitted
        
        Hence Conviction Rate is only 3%
        
        NCRB : National Crime Records Bureau
        
        What are the Criticism of Sedition Law ?
        
        Sedition Law is a Colonial Legacy and in a democratic country sedition law should not exist
        
        It has chilling affect on the rights of FoSE, especially on the Art 19(1)(a)
        
        Its a Paradox that on one side scope & interpretation of FoSE is being widened and on the other hand Sedition Law is restricting it.
        
        Even U K doesn't have such Law.
        
        JLN personally remarked Sedition Law to be : “Highly Objectionable & Obnoxious”
        
        Why Should Sedition Law be Continued ? - PENDING TO ADD
        
        Kedarnath v/s State of Bihar, 1962
        
        1 Kedarnath : Member of CPI Party in Bihar
        
        2 Essence of Statement
        
        India has gained freedom from Britishers but India will actually be free when India will be free of Congress and we will work towards it
        
        3 Congress Applied Sedition Law on Kedarnath
        
        4 He Challenged this in Court saying
        
        Application of Sedition doesn't Apply here
        
        The Sedition Law Sec 124 A in itself is unconstitutional as Sec 124 A directly violates Art 19(1)(a)
        
        5 Supreme Court has to decide that ?
        
        Whether Sec 124 A is constitutional or not ?
        
        SC held that Sec 124 A is Constitutional
        
        Because FoSE is not Absolute
        
        cuz of Diversity there may actually be instances of Sedition
        
        But it cannot be used Arbitaraily
        
        If it is constitutional, actions of Kedarnath is sedition or not ?
        
        Kedarnath was not found guilty of Sedition
        
        6 Supreme Courts Guideline in application of Sedition Law
        
        What Does Not Amount to Sedition ?
        
        Mere Criticism of Government, no Matter how stringent will and shall not amount to Sedition
        
        Mere Discussion & Advocacy cant be Seditious
        
        What Does Amount to Sedition ?
        
        By Any Action of an Individual leading to clear & immediate violence against the State will constitute Sedition
        
        Balwant Singh Case v/s State of Punjab, 1995
        
        A Group of Sikh Individuals shouted “Khalistan Zindabad” after assassination of Indira Gandhi
        
        SC Said that what they said is not Patriotic
        
        but their actions didn’t lead to any violence and hence they were Acquitted
        
        Aseem Trivedi v/s State of Maharashtra, 2011
        
        Cartoonist Criticised Congress, Arrested for Cartoon, Acquitted
        
        Kanhaiya Kumar v/s State of Union, 2016
        
        Jignesh Mevani v/s State of Gujarat, 2019
        
        Should Sedition be continued
        
        Matter was Referred to Law Commission of India
        
        Law Commission of India
        
        Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India
        
        Law Commission Suggested in 2011 that Sedition is not Favourable.
        
        Current Status of Sedition
        
        It is Currently Sub Judice in the Supreme Court
        
        SC said that until the decision is made, all sedition charges should be put at hold
        
        Question : Mains
        
        Should India do away with the Sedition Law ? Critically Examine.
        
        Critically Examine : Both Pros and Cons
        
        Finally Take a Rational Stand
        
        The Mid Way - Way Forward
        
        Dont Scrap ; Dont Current
        
        The Laws Definition should be made more clear
        
        It is currently cognisable, this can be altered a bit
        
        More Procedural Safeguards in the Application of Law
        
        Change in Semantics will reduce the Social Degradation and Media Trial of the Blamed
        
        Most Sedition Law are applied on Journalists, the Journalists made requests that, before arresting people, HC should hear the conviction plea
        
        Mala fide Intention of Application of Law can be defined
        
        Ambiguity should be reduced. Rather than 'govt', it should only be contempt against the country/ 'India'…
        
        Hate Speech
        
        What is Hate Speech ?
        
        Hate Speech is an Incitement to hatred Against a Particular group of persons such as a Particular race, religion, caste residence, sexual orientation etc especially in circumstances in which the communication is likely to provoke violence
        
        Current Law Status ?
        
        There is no Separate Law but a No of Law
        
        Sec 153 A CrPC
        
        Offence of Promoting Enmity or Feelings of Hatred on the Grounds of Religion, race, place of birth, language, residence etc
        
        Sec 505 CrPC
        
        Promotion of Fake News
        
        Publication of Circulation of material aimed at causing public mischief or enmity of ill will
        
        Sec 123(3) of Representation of Peoples Act, 1951
        
        Regulates hate speech by election candidate
        
        Case of Religious Parliament in Uttarakhand ?
        
        Religious Leaders passed open resolutions against minority
        
        Court Summoned Chief Secretary and asked can it be considered a Hate Speech
        
        Mains Question
        
        FoSE
        
        Hate Speech - Art 19(2)
        
        Films in India - Pre Censorship
    - Art 19(1)(b) - Right to assemble peaceably & without arms
      - Conditions of Peace
        
        It Confers Fundamental Rights on Citizens to assemble peacefully without arms in public places
        
        Conditions Are :
        
        Peaceful Manner
        
        In Public Place
        
        Without Arms
      - Grounds on which it can be restricted
        
        Protecting Sovereignty and Integrity of India
        
        AFSPA → Armed Forces Special Powers Act, 1958
        
        Invoked in Places considered to be a disturbed area
        
        Disturbed Area : Insurgency Activities, Separatist Activities, Terrorist Activities
        
        Example : J&K & North East States
        
        With Application of AFSPA, Many Rights are Curtailed
        
        Assembly of People even if its a peaceful protest is NOT ALLOWED
        
        Public Order
        
        Section 144
        
        Prevents Assembly & Movement of People, Despite Order if people assemble it can be considered illegal
    - Art 19(1)(c) - Right to form Association or Union or Co Operative Societies
      - Article Says ?
        
        Article 19(1)(c) confers rights upon the Citizen to form Association, Unions and Co - Operatives
      - When was the word Co Operatives Added ?
        
        Co Operatives was Added by : 97th CAA, 2011
      - Meaning of Association ?
        
        Group of People coming together for a common cause Can be a Cultural Political Sports Caste Individuals have the Right to form Association To be a Part of Association is NOT the Right
      - Meaning of Cooperatives ?
        
        Cooperative is a form of association but on economic terms
      - Meaning of Union ?
        
        Union is also a form of association but the differences are
        
        Forming an Union is a Fundamental Right but the Union has to be Registered under Trade Union Act, 1926
        
        With Registration comes a Legal Obligation for Collective Bargain of Union and Employer or Opposite Party Allowed
      - Difference Between Union & Association
      - Examples of Unions
        
        AITUC - All India Trade Union Congress
        
        INTUC - Indian National Trade Union Congress
        
        BMS - Bhartiya Mazdoor Sangh
        
        BKU - Bhartiya Kisaan Union
      All Unions are Association but not all Associations are Union
      - Reasonable Restrictions
        
        Grounds of
        
        Sovereignty & Integrity of India
        
        Public Order
        
        Morality
        
        Banned Unions
        
        ULFA - United Liberation front of Asom
        
        PLA - Peoples Liberation Army
        
        LTTE - Liberation Tigers of Tamil Elum
        
        IM - Indian Mujahideen
        
        Al Qaida
    - Art 19(1)(d) - Right to Freedom of Movement
      - Article Says
        
        To Move Freely Throughout Territory of India
      - Grounds of Reasonable Restrictions
        
        Interest of General Public
        
        Epidemic Act, 1897 - Legality of Quarantine
        
        Sec 144 CrPC - Partying and Movement is Curtailed
        
        Protection of Interests of Any Schedule Tribes
        
        To Prevent the Contamination of Way of Living of Indigenous People
        
        Bengal Eastern Frontier Restriction Act - Inner Line Permit Areas
        
        To Enter into this Area, you have to take permission from State - Also called Quasi Visa System
        
        States covered under ILP are : MINA + Ma
        
        Mizoram
        
        Imphal
        
        Nagaland
        
        Arunachal Pradesh
        
        Manipur
        
        Britishers also had this Inner Line Permit System but there motive was to protect there vested economic interests
    - Art 19(1)(e) - Right to Reside & Settle in any part of territory of India
      - Article Says
      - Grounds of Reasonable Restrictions
        
        Interests of General Public
        
        Disasters Management Act - authorities can order leaving an area
        
        Coastal Regulation Zone
        
        Nuclear Power Plant Buffer Zone
        
        Inner Line Permit System is for a Fixed Period
        
        Protection of Interests of any Schedule Tribe
    - Art 19(1)(g) - Right to Profession, Occupation, Trade, Business
      - Article - Important for Economic Livelihood of Citizens
        
        Right to Practise any profession or to carry any occupation, tade or business
      - Ground of Reasonable Restriction
        
        Technical Qualification Restriction
        
        Lawyer - Law Degree
        
        Doctor - MBBS Degree
        
        Interest of General Public - Public Safety | Health | General Welfare → of People
        
        Public Safety
        
        Nuclear Power Plant Right not given to Private Individuals
        
        General Welfare
        
        Railways Monopoly of State
        
        Creation & Consumption of Alcohol
        
        Slaughtering & Selling of Certain Animals
        
        Health
        
        Creation & Consumption of Alcohol
  - Art 20 - Protection in respect of conviction for offences (3)
    - Basics
      1. Presence of this right prevents India from becoming a Police State
      2. Conviction : Someone has been found Guilty of Some Offence
    - Protection Given Under Art 20
      - Art 20(1) → No Ex Post Facto Criminal Legislation
        
        Types of Legislations are ?
        
        Civil Legislation
        
        Property Disputes
        
        Family Disputes
        
        Marriage
        
        Divorce
        
        Criminal Legislations
        
        Murder
        
        Domestic Violence
        
        What is the Point of Difference for Civil and Criminal Legislation
        
        Criminal Offences are considered to be a Crime Against the Society Hence, State is the Prosecuting Authority
        
        Civil Offence are often Interpersonal in Nature Hence, Two Parties Involved can either be State or Individuals
        
        Which type of Legislation is it applied to
        
        It is applied only to Criminal Legislation
        
        What is - No Ex Post Facto Criminal Legislations
        
        Case 1 - Making a New Law All together
        
        No Criminal Legislations CAN NOT be given effect from BACK DATE
        
        All Criminal Legislation CAN be Implemented from either TODAY or from a FUTURE DATE
        
        Hence, Criminal Laws in Country can be Prospective but not Retrospectively
        
        Case 2 - Changing the Law
        
        No Increase in Punishment for any criminal offence retrospectively
        
        Can Punishment Decrease from a Back Date in Criminal Offence ?
        
        Yes, it is not prohibited by constitution
        
        Can State give effect to Civil Legislation Retrospectively ?
        
        Yes
      - Art 20(2) → No Double Jeopardy
        
        Meaning of Double Jeopardy
        
        Double Jeopardy → Double Prosecution & Double Punishment
        
        For a Same Offence at a Single Point in time, a person cannot be punished twice
      - Art 20(3) → No Self Incriminating Evidence
        
        Article Says
        
        Accused Immunity from being Compelled to Give Evidence Against Himself
        
        The Procedure
        
        First of All : Police Should Not Torture Someone to Give Evidence Against Self
        
        Second of All : Even if the accused is forced to give evidence against themselves (oral or document)
        
        Now if Person Says in front of Magistrate that he gave evidence against himself by force, the current evidence will be considered null & void
        
        Also Provides Protection from
        
        Narco Test & Polygraph Test can only be done by the permission of the convicted
        
        But SC said that it is not an Immunity Against Cooperation with police in investigation
  - Art 21 - Protection of Life & Personal Liberty
    - SC View on Art 21
      
      Has been given the Widest Interpretation
    - Article Says
      
      No Person shall be deprived of his life or personal liberty except according to the procedure established by Law
    - Keywords
      - No Person - Rt to both Citizen and Alien
      - Except According to Procedure Established by Law - by Following Procedure Established by Law
    - Meaning of Procedure Established by Law
      1. SC said that meaning of Procedure Established by Law is same as Due Process of Law as in the USA Constitution
    Right to Life
    - Meaning of Right to Life
      1. SC Said : Rt to Life means Rt to Dignified Life
        
        First time said by SC in Menaka Gandhi Case
      2. Rt to Life is something more than mere animal existence or physical act of breathing
    - Rt Implied under Art 21 - Rt to Life
      - Rt Against Sexual Harassment - Vishakha Case
      - Rt to Livelihood
      - Rt to have a clean environment
        
        Against Pollution
      - Rt to Die with Dignity
    Right to Personal Liberty
    - Liberty Means
      
      A set of actions that a man can undertake in pursuit of happiness by a free man which are subject to certain restrictions
      
      Not just Rt Against Bodily Restraints rather all those rights & liberties that are essential for the orderly pursuit of happiness of a free man
    - Right Implied under Art 21 - Rt to Personal Liberty
      - Rt to Privacy
      - Rt against Telephone Tapping
      - Rt against Hand Cuffing
        
        If Ind cooperates in arrest, he shouldn’t be handcuffed
      - Rt against Solitary Confinement
      - Rt to Speedy Justice
      - Rt to Travel Abroad
    Case Studies
    - Two Concepts
      - Procedure Established by Law
        
        There Should be a Law
        
        The Law should prescribe a Procedure & that should be followed
        
        Not Concerned whether the procedure mentioned in the Law is just, fair or reasonable
      - Due Process of Law
        
        Procedure Established by Law (First 2 Points) +
        
        Whether the Procedure Mentioned in the Law is Just Fair and Reasonable
    - What is the Difference between Procedure Established by Law & Due Process of Law ?
      
      Due Process of Law focuses on the Procedure Mentioned in the Law is Just, Fair, Reasonable
    - A K Gopalan v/s State of Madras, 1950
      - The Case
        
        A K Gopalan was a member of Communist Party
        
        There was intel of a mass protest
        
        Police arrested him on a Preventive Detention
        
        he challenged it in Supreme Court
      - Details of Preventive Detention
        
        Before committing the crime, on anticipation of police, an individual can be arrested
        
        Preventive Detention can happen by a Law
        
        Preventive Detention Act, 1950
      - Gopalan Argued
        
        Gopalan Argued that his Rt to Life & Liberty is violated
        
        He challenged Preventive Detention Act also
      - SC said
        
        Rt to Life is not absolute
        
        It checked for Procedure Established by Law
        
        Is there a Law - Yes
        
        Was the Procedure Followed - Yes
        
        Hence SC is only concerned until here
      - Criticism
        
        The Narrowness of Procedure Established by Law
        
        The Procedure’s Just, Fair, Arbitrariness is not considered
    - Menaka Gandhi v/s Union of India, 1978 - Watch Part of Lecture 22/10
      - The Case
        
        Menaka Gandhi had to travel foreign
        
        Regional Passport Authority asked her to surrender the passport by means Indian Passport Act
        
        She Surrendered the Passport & asked the reason for it
        
        Regional Passport Officer Said : In Public Interests we cannot disclose the reason
        
        Regional Passport Officer had the right to do so under Indian Passport Act
      - Filling of Case in Supreme Court
        
        Menaka Gandhi with this reply filed a petition in SC and argued that this violated her
        
        Art 14
        
        Discretion of Presiding Officer - in which case to give reasons and in which case to not give reason
        
        This Discretion leads to Arbitrariness of officer and thus Leads to Arbitrariness of State
        
        Art 19
        
        Art 21
        
        Passport has been Seized - Cannot Travel Abroad & Cannot Return back
        
        Violates Rt to Life & Liberty
        
        Hence She argued that
        
        Procedure Established by Law was unfair - Rt to Life
      - SC Upheld that
        
        Only if we apply the Due Process of Law
        
        Individuals Rt to Life & Liberty can be maintained
    Case Studies Related to Interpretation of Article 21
    - Rt Against Sexual Harassment at Workplace - Watch Last Part of Lecture on 22/10
      1. Declared to be a Fundamental Right by SC in Vishakha Case
      2. Principle of Locus Standi - What your interests and how are u affected by this case
      3. Traditional Way - Only People who are affected can go to court
      4. Any one exposed to Sexual Harassment will not have a dignified life
      5. Outcome
        
        Training and Awareness has to be given
        
        Creation of Sexual Harassment Compliance Committee
        
        It will be headed by a women
        
        will have representation from Local NGO concerned with this things to prebtn pressure from company
        
        Committe will recommend Action
        
        Legal Action
        
        Action According to Conduct Rules of Service Conditions of Employees
      6. in 2013 - Prevention of Sexual Harassment Act was made in 2013, hence for a long time Sc guide,ines acted as a tool to prevent sexual harrasment
    - Rt to Livelihood
      1. It became a Fundamental Right after Pavement Dwellers Case in Mumbai Municipal Corporation.
      2. SC said that Municipal Corporation was correct in doing it but at the same time Rt to Livelihood is a implied Rt in Rt to Life
      3. Hence Suggestion by Supreme Court was of making Hawking and Non Hawking Zone
    - Rt to Clean Environment
      - M C Mehta Case - Polluting of River Wanter Ganga
      1. Features
        
        Polluter’s Pay
        
        Cost of Implementation of Filtering Plants by the company
      2. Banning of Crackers - Enforcement is Difficult, but it is Regulated
        
        To Ensure Noise Pollution
        
        To Ensure Air Pollution
    - Rt to Privacy
      - M P Sharma v/s Satish Chandra, 1954
      - Kharak Singh v/s State of Uttar Pradesh, 1962
      - International Bodies which Recognise 2011
        
        International Covenants on Civil & Political Rights
        
        European Union
        
        Universal Declaration of Human Rights
      - Justice Puttaswamy v/s Union of India, 2017
        
        Retired Judge of Karnataka HC
        
        Challenged the Aadhar Act introduced by Executive Action → which led to creation of UIDAI
        
        UIDAI : Unique Identification Development Authority of India
        
        UIDAI would collect
        
        Biometric
        
        Demographic
      - Dimensions of Rt to Privacy
        
        Physical Privacy
        
        Home
        
        Even State needs Search Warrant
        
        Already Existed but not as a Fundamental Right
        
        Informational Privacy
        
        use of personal data of individual related to Personal Data Protection
        
        Other Should not use personal data of individual
        
        Personal data is something from which one can be recognised
        
        Decisional Privacy
        
        Whatever decisions an individual makes can have no interference by any individual
        
        Decision on Sexual Orientation
        
        Sec 377 - Criminalises Sex Against Order of Nature LGBT - Lesbian, Gay, Bisexual, Trans LGBTQ+ → Q Questioning & Queer
        
        Delhi HC gave some remedy in 2010
        
        but SC turned it down in 2013, SC declared in 2013 that Sec 377 is correct
        
        SC has read down some part of 377
        
        Current Laws is :
        
        Consenting Adults
        
        Any Form of Sexual Orientation
        
        in Private Space
      - Rt to Privacy Includes
        
        Right to be Left Alone
        
        Right to be Forgotten
        
        Right to have any Sexual Orientation
      - How will the Violators of Rt to Privacy be punished ?
        
        SC Appointed Justice B N Krishna Committee recommended
        
        Data Protection Bill was proposed by Parliament ; Currently withdrawn from the parliament
        
        Follow the Provisions of Bill, Closely, Whenever it is introduced, Its Very Very Important
      - Reasonable Restriction
        
        Medical Records
        
        Polce Investigation
    - Euthanasia (Rt to Die) & Rt to Execute a Living Will
      - What is Euthanasia
        
        Procedure through which you medically terminate the life of an individual
      - Whom Does it Apply to ?
        
        Applicable to Only those people who are in
        
        Permanent Vegetative State
        
        Permanent State of Coma
        
        Brain Dead Patients
      - Is there a Law on Euthanasia ?
        
        There is no Law in India on Euthanasia as such, it only works on SC Guidelines until now
      - How is Euthanasia different from Suicide
        
        Sec 309 of IPC gives punishment of 2 Years if suicide fails
        
        Natural Death of Ind is already commenced, he is in the process of dying, his life is not dignified in manner and hence dignified death be given to him/her
        
        in Suicide, the Natural Death has not yet commenced
      - What are the Types of Euthanasia ?
        
        Mere Procedural Difference of Providing Euthanasia
        
        Active Euthanasia - Not Legal in India
        
        Something is Actively Administered by Doctor to Terminate the Life of Patients
        
        Ex : Lethal Poisonous Injection Administered
        
        Passive Euthanasia - India Allows this
        
        Medical Practitioner remains passive to the needs of patient
        
        Ex : He doesn't replace the Medical Support System
      - Aruna Ramchandra Shanbag v/s Union of India, 2011
        
        Implemented the Execution of Living Will
        
        Background
        
        Working as Nurse in Mumbai Hospital
        
        Didnt had good relationship with Ward Boy
        
        Ward Boy Strangled and Left her in Room
        
        She wasted a Lot of Blood, She got into coma
        
        Until Present She didn't gain any consciousness
      - SC Guidelines
        
        Doctors Team will give a report
        
        Kith & Kin has to be informed
        
        Family has to be taken permission from High Court
        
        Ask Immediate Family
        
        If Not, Ask Relatives
        
        If Not, Ask Care Takers
      - NGO Common Cause, 2018
        
        Rt to Execute a Living Will
        
        What is a Living Will ?
      - Consent of Patients
        
        Voluntary
        
        Non Voluntary
    Important Point
    
    Due Process of Law will be Applied to Cases of Art 21 only
    
    But, Supreme Court has devised its own mechanism to keep a check on the Just & Fair Nature of Procedure
  - Art 21 A - Right to Education
    - Article Says
      
      Free & Compulsory Rt to Education
    - Background Development
      - Added by 86th CAA, 2002
      - Before it was made a Fundamental Right it was considered implied under Art 21 i.e Rt to Life and Liberty
    - Mohini Jain v/s State of Karnataka, 1992
      1. in 1992, Mohini Jain v/s State of Karnataka declared that Rt to Education
      2. upto Higher Education (Upto Tertiary Education)
    - Unnikrishnan v/s State of Andhra Pradesh, 1993
      1. Rt to Education will be considered a FR under Art 21 upto Primary Education
    - 86th CAA, 2002
    - Rt to Education Act, 2009
      1. Any Child upto 14 Years of Age
      2. has right to get Quality Education
      3. with Access to Free Books & Dress
      No Detention Clause
      1. This Act has a No Detention Clause
        
        with Enrolment, Retaining of Individual is also a must
        
        They will be promoted upto 8th Std
      2. But because of this Clause
        
        The quality of education had been degraded
        
        Math Skill of a Class 5 is of Class 1
        
        Language Skills worst
      3. Now they cannot be failed until Class 5
        
        After Class 5 there will be purview of District Education Officer
      Reservation
      1. In Govt School, No Once Can Deny Admission
      2. 25% Reservation of Seats in Private School for Disadvantaged Section (SC ST & BPL)
      3. Disadvantaged Section will be notified by the State Govt
      4. Operational Implementation of this Reservation due to Stigmatisation is Difficult
      5. Exception is : Minority Schools
  - Art 22 - Protection Against Arrest & Detention in Some Cases
    - Article Says
      
      Protection Against Arrest & Detention in Certain Cases
      
      Detention - Preventive & Punitive
    - Scheme of Things - Preventive & Punitive Detention
      - Punitive Detention
        
        Defintion
        
        Process
        
        A → Complains Against → B → Police Officer Acts → Cognisable Offence → w/o Warrant Arrest
        
        Judge if wants to extend the custody, will give the Judicial Custody - ie in Jail and not in police station
        
        After Investigation Report is submitted, and then he is bailed until judgement is given
        
        Result
        
        Found Guilty → Sent to Jail → Punitive Detention
        
        Not Found Guilty → Released
        
        Rights of Person who is Arrested
        
        Written
        
        Should be Informed the Reasons of his Arrest
        
        Has to be given a Legal Right of Lawyer
        
        Has to be produced in front of nearest Magistrate in front of a Judge within 24 Hours
        
        Judge will give permission for extending the custody or giving the bail
        
        Image
        
        D K Basu v/s State of West Bengal
        
        Rt to see the Identity Card of Police Officer
        
        There has to be a Arrest Witness of a Person in locality
        
        Women has to be Arrested
        
        in presence of a women police officer
        
        after sunrise and before sunset
        
        To Note
        
        The Trial Will Take Place
        
        Offence has already taken Place
      - Preventive Detention
        
        Defintion
        
        Example
        
        All Local Leaders were kept under house arrest
        
        A K Gopalan Case
        
        To Note
        
        It is done in preventive basis
        
        The actual commission of offence has NOT been done
        
        Preventive Detention can happen only by way of Law
        
        Both Central & State Can Make Law
        
        Centre - Applies in India
        
        State - Applies to State
        
        Examples of Laws of Preventive Detention
        
        PDA - Preventive Detention Act, 1950
        
        MISA - Maintainence of Internal Security Act, 1971
        
        NSA - National Security Act, 1980
        
        Constitutional Provisions
        
        PD not beyond 3 Months w/o the approval of advisory board
        
        Advisory Board Consists of Judge of HC & Other Members
        
        Detention can not be beyond the period prescribed in the Law
        
        Ex : NSA Max Detention is 1 Year Detention
        
        Detainees are entitled to know the grounds of the detention
        
        Except : Public Interests
- Art 23 - Art 24 → Right Against Exploitation(2)
  - Art 23 - Prohibition of Traffic in Human Being and Forced Labour
    - What does the Article Say
    - What is Begar & Human Trafficking
      1. Trafficking - Commercial Exploitation of Human Beings
      2. Organ Harvesting
      3. Sexual Slavery
      4. Prostitution
    - Why is Trafficking a serious concern for India ?
      1. India is at the Tri Junction of Afghanistan and Pakistan leading way to South East Asia
    - What are the Laws Against It ?
      1. Immoral Traffic Prevention Act, 1986
      2. Bonded Labour System Abolition Act, 1976
    - Is Devadasi a part of Human Trafficking
      1. Some Big Temples in South India and Orissa it was widely prevalent
      2. Some Young Girls are brought to Temple as Wife & Daughters of God
      3. But in the lieu of Religion, they are sexually exploited by Local Influencers
  - Art 24 - Prohibition of Employment of Children in Factories
    - Article Says
      
      No child below the age of 14 Years, shall be employed to work in any factory or mine or engaged in any other hazardous employment
    - What are the Acts Against it ?
      1. Mines Act, 1952
      2. Factories Act, 1948
      3. Child Labour Prohibition Act, 1986
        
        Lists Down the List of Hazardous Jobs
      Recent Amendment - Done to be in Resonance with Rt to Education
      1. The Child Labour (Prohibition & Regulations) Amendment Act, 2015
        
        Here Rt to Education has been made a FR
        
        Category Child (0-14)
        
        Child Shall Not be employed in any employment upto age of 14
        
        Exception to - During Vacation Not During School Hours
        
        Audio Visual Industry
        
        Family Enterprise
        
        Self Agricultural Farms
        
        Adolescence (15-18)
        
        Shall not be employed in Hazardous Jobs
- Art 25 - Art 28 → Right to Freedom of Religion(4)
  - Background
    - Questions to Ask ?
      1. Positive Secularism has a Interventionist Approach
      2. To What Extent Can State Intervene in the Religion
    - Article in totality Says
      1. Profess, Practise, Propagate : The Freedom of his Choice
  - Art 25 - Individual Religious Rights
    - Article Says
      
      Propagate - Disseminate Information
      
      Practises - Rituals or Religious Practises
      
      Profess - Openly using his/her faith/belief
    - Important Points
      1. State Intervention is Possible in Matters of Religion → Positive Secularism
    - Reasonable Restriction
      1. Public Order
        
        Use of Loudspeakers
      2. Morality & Health
        
        Health
        
        Practise of Sallekhana & Santhara
        
        Morality
        
        Practise of Performing of Nudity by Monks of Digambar's
      3. Other Provisions of this Part
        
        If Rt to Freedom of Religion is violative of others FR
        
        Forceful Conversion
        
        a Person wilfully can convert from religion to another religions by his faith and clarity of conscience
        
        but cannot be by means of force, fraud, inducement or fear
    - Doctrine of Essentiality
      
      Also called the Doctrine of Essential Religious Practise
      - Religious Practises can be divided into 2 Parts
        
        Essentiality Religious Practise
        
        According to Supreme Court there are certain practises which are integral to the religion w/o which the practise of the religion is not possible
        
        Non Essential Religious Practise
        
        However there are certain practises which are not integral to the religion. Such Practises doesn't affect the essence of the religion
      - Sirur Math Case, 1954
        
        Innovated by SC for the first time in this case
      - Santhara Case - Jains
        
        HC Said it is not
        
        SC it is Essentially Religious Practise
        
        Evidence Taken as
        
        Religious Texts
        
        Testimony Given by Religious Experts
      - Hijab Case - Muslims
        
        One View - No
        
        Against Secularism & Equality
        
        One View - Yes
        
        Rt to Life - 21
        
        Rt to Liberty - 19
        
        There is no Question to enter into Doctrine of Essentiality
        
        Evidence Taken was
        
        Empirical Evidence
        
        Behavioural Issues
      - Sabrimala Case - Hindus
        
        Why Not Entered
        
        God Placed in sacrosanctum practises Celibacy
        
        Hence entry of Active Menstruation Ladies is not allowed
        
        SC Said
        
        Evidence - Scriptures & Religious Experts
        
        Violative of Art 17 & Art 25
      - Criticism of Doctrine of Essentiality
        
        Judges may be Legal Experts but they are not Religious Experts
        
        Methodology Used by Judges is Different in Different Cases
        
        In Totality, Why is Supreme Court Venturing into a domain, which is not its domain
  - Art 26 -Freedom to Manage Religious Affairs & Religious Denominations
    - Article Says
    - Meaning of Denominations
      1. Denomination means the Group of People
      2. Within a Religion there can be many Denomination
      3. Religious Denomination has not been defined in the constitution
      4. Definition by SC : It consists of a Religious Sect or a Body having common faith and organisation and designated by a distinct name
    - Rights Included within are
      - Rt to Establish Religious Denominations
      - Rt to Manage their Religious Affairs
      - Rt to do Charitable Activities
      - Rt to Acquire & Own ; Movable and Non Movable Property
    - Subject to Reasonable Restriction
  - Note : Art 25 Individual Art 26 Group
  - Art 27 - Religion cannot be a basis of Taxation Policy in Country
    1. No Tax on the Name of Religion ; Whatsoever
    2. Usage of Tax on Promotion of Religion
      1. Subsidy for People for Mansarowar Temple
      2. Building of Ram Temple, Contribution by States
      3. Hajj Subsidy Earlier there, Now not there
    3. Question of Fees collected in Various Temples in India
      1. collected only for secular activity and not for promoting religion
  - Art 28 - Can there be Religious Instructions
    - Article Says
      
      Religious Worships - Religious Practises cannot be forced upon students
      
      Religious Instructions - Preaching of Religious Texts and Scriptures
    - Three Types of Institutions
      - Educational institution wholly maintained by State
        
        No Religious Instruction - 100% Ban
      - Educational Institution Administered by State but Established under the Religious Endowment or Trust
        
        Religious Instructions are allowed
        
        Religious Endowment or Trust Act
        
        Estab of Madarsa
        
        Estab of Convent Schools
      - Private Educational Institutions recognised or aided by the State
        
        Religious Instruction or Worship can be Imparted only on Voluntary Basis
        
        Cannot be Forced to do it
    - What is the Exact Meaning of Religious Instructions
      1. Mere Teaching of Religious Peoples Lives, Like teachings and values of Guru Nanak is not a Religious Instruction
- Art 29 - Art 31 → Culture & Educational Rights
  - Art 29 - Protection of Interest of Minorities - FOR ANY SECTION OF CITIZEN
    - Article Says
      1. Section of Citizens
        
        Can be a Minority or Majority - Any Section of Citizen
      2. Residing in Any Part
      3. Distinct Language, Script, Culture
      4. Shall Preserve by Any Means
        
        Like the Game of Jallikattu
        
        Initially banned
        
        Protest in Tamil Nadu
        
        Again Court Hearing and Finally Allowed with Slight Modification in Tamil Nadu
        
        Jallikattu
        
        Taken up by PETA
        
        Asked for Ban of Jallikattu
        
        Cruelty of Animals to be Prevented
        
        Prevention of Cruelty to Animals Act
        
        What Does Jallikattu Do ?
        
        Practise leads to hurting of these animals
        
        usage of chilli powder on eyes and nose of animals
        
        physical abuse of animals to make it more violent
  - Art 30 - Right of Minority to Establish & Administer Educational Institutions - ONLY FOR MINORITY
    - in Art 29 - by any means
    - in Art 30 - by means of establishing educational institutions
      - Conditions
        
        Only if they(minority person or group) establish and then they will have right to administer
        
        No Unnecessary Interference from State
      - Art 30(1)
        
        Article Says
        
        All Minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice
      - Grounds on Which Minority can be Identified
        
        Religion
        
        Language
      - Amongst these 2 who will be minority
        
        that is not defined in the constitution
      - What is the Basis of Identifying Minorities
        
        TMA PAI Foundation v/s State of Karnataka, 2003
        
        wherever the educational institution has to be established ; the state should be the unit
        
        Whoever is less than 50% in numbers on grounds of language or religion → it will be considered as minority
      - Examples of a Minority Educational Institutions
        
        AMU
        
        St Stephens
        
        Jamia Milia Islamia
      - Privileges to Minority Educational Institutions
        
        They will be regulated but with minimal interference
        
        they can setup their own governing body
        
        reasonable fee structure, state can just set a boundary
        
        they will recruit their own teaching or non teaching staff
        
        method of appointment - upto institute
        
        Admission should be in fair manner - but how do u do that is your outlook
      - Why is the Minority Educational Institutions
        
        To Give Impetus to education in that community
        
        Free to Reserve 50% of Seats in the Institution
        
        Reservation Doesn't apply here
      - Can the Land be compulsory be acquired by state ?
        
        Normal Institution
        
        Yes it can be acquired by state compulsorily with proper remuneration
        
        Fair & Just Compensation < Market Value
        
        Minority Institution
        
        Can be Compulsorily Acquired
        
        But the Compensation here should be completely on Market Value and NOT a Just & Fair Compensation
  - Art 31 - Rt to Property && Art 19(1)(f) - Currently Removed from Part 3
    
    By 44th CAA, 1978
    1. Both Clauses were present in the original constitution
    2. 19(1)(f) - removed from Part 3 of the Constitution
      1. Article Says Guarantees to Every Citizen the Right to Acquire, Hold & Dispose Property
      2. Not an Absolute Right
      3. RR for Art 19(1)(f) are
        
        Public Welfare
        
        Interest of Scheduled Tribe
    3. Art 31 - Removed from Part 3 and Placed in 300A
      1. Article Says No Person shall be deprived of his property except by an authority of Law
      2. Law : Land Acquisition Act
      3. Meaning : The Action of the state has to be backed by a Law
      4. Earlier it was a FR now its a Legal Right
      5. Kameshwar Singh v/s State of Bihar, 1950
        
        He Said Land Acquisition Act is violative of Art 14 Art 19 Art 31
        
        SC Said land can be taken away by law
        
        He Said that it should be by Fair & Just Compensation - Hence Violative of Art 19 & Art 31
        
        Different Place Different Compensation - Violative of Art 14
        
        SC accepted this Premise
        
        Was a Blow to the Govt. Hence Series of Changes were brought to Indian Constitution
      6. as a Reaction to Kameshwar Singh v/s State of Bihar
        
        Art 31 A was inserted
- Art 31 A - Art 31 D → Saving of Certain Laws
  - Art 31 A - Saves Certain Categories of Laws related to Agrarian Reforms
    1. Inserted by First CAA, 1951
    2. Saves Certain Categories of Laws related to Agrarian Reforms, (Specifically 5 Categories of Law) specifically for Socio Economic Reforms
    3. Even if Law of Land Acquisition violates Art 14 19 31 is violated, it cannot be challenged in court of law
    4. Art 31 A takes away the power of Judicial Review from Courts on the cases of Art 14 19 31
  - Art 31 B - Saves Laws Placed in the Ninth Schedule
    1. Inserted by First CAA, 1951
    2. Saves Laws Placed in the Ninth Schedule
    3. Provides for Complete or Blanket Immunity
    4. Provides Protection Against All the Fundamental Rights
    - Why Need 31 A when there is 31 B
      
      31 B requires a CAA && only when it is placed in the Ninth Schedule
      
      Currently there are 284 Laws in the Ninth Schedule
      
      Where as a CAA is not required in case of Art 31 A
  - Art 31 C - Save Any Law Trying to Implement Art 39(b) & 39(c) on grounds of violation of Art 14 19 31
    1. Inserted by 25th CAA, 1971
    2. Indira Gandhi Wanted to Specifically Implement Two Important Directives i.e Art 39(b) & Art 39 (c)
      1. Art 39(b) → Prevention of Concentration of Wealth in the hands of few individuals of society
      2. Art 39(c) → Redistribution of Wealth
    3. by 42nd CAA, 1976 she tried to enlarge scope of Art 31 C
      1. Protection of 39(b) 39(c) was extended to all the DPSP over Art 14 19 31
      2. Now the Art 31 C read - Saves Any Law Trying to Implement DPSP over Art 14 19 31
    4. Minerva Mills Case, 1980
      1. This was taking Judicial Review of Supreme Court. Hence, the Extended Scope of 31 C was made null and void
      2. SC declared - These 2 to be part of Basic Structure
        
        Judicial Review
        
        Harmonious Balance between DPSP & FR
      3. Sometimes 39 (b) 39 (c) can be given supremacy over Art 14 19 31
      4. Here DPSP - Collective Need - Art 39(b) && Art 39(c)
      5. Here FR - Individual Need - Art 14 19 31
    5. 44th CAA, 1978
      1. 19 (1)(f) was repealed
      2. Art 31 deleted & inserted in Art 300 A
- Art 32 - Art 35 → Right to Constitutional Remedies - Heart & Soul of Constitution
  - Art 32 - The 5 Writs
    - Writ Summary
    - Background
      1. According to Ambedkar its the Heart & Soul of the Constitution
      2. Talks About Writ Jurisdiction
      3. Enforcement of Rights comes from this Right
      4. Rt to Seek Remedy in case of violation of FR is itself a FR
    - Process of getting Constitutional Remedies
      1. Individual will file a petition that SC has been violated
      2. Court will issue Writs - Directive by Court
    - Powers of Issuing Writs
      1. Power to Issue Writs is a Concurrent Powers(SC & HC Both) and Not Exclusive Power
      2. Affected Individuals can knock doors of
        
        SC under : Art 32
        
        HC under : Art 226
    - Difference in Jurisdiction of HC & SC
      1. Difference Between Knocking Doors of SC & HC
        
        Territorial Jurisdiction
        
        But SC has got wider Territorial Jurisdiction
        
        whereas HC can issue writs only if right has been violated within the state
        
        Nature of Cases
        
        SC can issue writs only in case of violation of FR
        
        where as HC can issue writs for both FR & Legal Rights
      2. Can any other court other than SC & HC issue writs
        
        Art 32(3) provides for the Parliament to Give power to Other Courts to Issue Writs as well
        
        Not done until now
    - When is a Writ Issued
      
      When the violated BRINGS TO THE NOTICE OF COURT, that his FR has been violated
    - Meaning of Locus Standi ?
      1. Whenever a case is brought in front of court, the court asks the person, what is your standing or what is your relation to this case
      2. Traditionally Judiciary has been following the rule that, the person who is affected should come to the court
      3. the affected person might not have resources to file the case, this would prevent justice
    - Public Interest Litigation - PIL
      1. hence SC innovated PIL - Public Interest Litigation
      2. Where the another person having no connection to the case, can apply to the court for justice
      3. Examples are
        
        Aruna Shaunbague Case
        
        Vishaka Case
    - Habeas Corpus - To Have the Body
      - Meaning
        
        Literally Means to Have a Body
        
        It means, to produce the body in front of the authorities which has issued the order
      - Does Principle of Locus Standi apply in this case ?
        
        No it does not apply in case of Writ of Habeas Corpus
        
        Meaning not necessarily the Affected Ind but any other person can also file for petition
      - Hussainara Khatoon & ORS v/s Home Secretary, State of Bihar, 1979 - PIL
        
        It was in case of prolonged Undertrials
        
        in Bihar No of Undertrials were increasing, even if convicted jail would be for 2 Years but they have spent 5 to 6 Yrs in Jail
        
        SC Said
        
        Rt to Speedy Justice is Rt under Art 21
        
        Initially 14 Undertrials were released
        
        Taking Precedence later 40,000 Undertrials were released
    - Mandamus - We Command
      1. Principal of Locus Standi Doesnt Apply here
      2. Its a command given by the Courts to the Public Authorities (PA) in case of Violation of Rights cuz PA failed to Perform the Duty
      3. This is only in case of PUBLIC Authority
      4. Failing of PA could be
        
        Omission - Missed
        
        Commission
      5. Examples of Public Authority not doing its work ; for the court to issue mandamus
        
        Police Station not Filling FIR
        
        Municipal Corporation Not taking care of Pollution Free Environment
    - Prohibition - To Forbid (HC→LC)
      1. Direction for Higher Court to Lower Court
      2. Preventive in Character ; Negative Injunction
      3. Principle of Locus Standi Applies in Case of Prohibition
      4. This is a Direction from Higher Court to Lower Court ; to tell the lower court that this is not the jurisdiction of the lower court in the first place
      5. Prevents Lower Court from Exceeding Jurisdiction
      6. Negative Injunction which directs Inactivity of Lower Court
      7. Applies to Only Judicial and Quasi Judicial Authority
      8. Examples of Quasi Judicial Bodies
        
        Parliament
        
        Finance Commmission
        
        Election Commission
        
        Arbitration Board
        
        Tribunals
      What if the Lower Court has already passed the boundary of Jurisdiction
    - Certiorari - To Certify
      1. Grounds on Which Higher Court can certify Lower Courts Judgement
        
        Error of Law
        
        Excess of Jurisdiction
        
        Violation of Natural Justice
      2. Certiorari is CURATIVE in NATURE
      3. Principle of Locus Standi Applies
      4. Can be Issued against
        
        Against Judicial
        
        Quasi Judicial
        
        Administrative Authorities - by Departmental Enquiry based on the Conduct Rules
    - Quo Warranto - By What Authority
      1. To Check of an Eligible Person is holding on to the Public Office (which is Significant & Substantive)
      2. Examples : PM, CM, CoM, CEC, CVC
      3. These Offices can only be held with Suitable Qualifications
      4. Whenever the Writ of Quo Warranto is filed, the person has to prove in court of law that he fulfils the eligibility
      1. by What Authority or Warrant
      2. Enquire into Legality of claim of a Person to a Public Office
      3. Against Public Authority holding office of substantive importance
      4. Principle of Locus Standi does not apply
      - Under Representation of People Act, 1951
        
        If they are convicted for a minimum of 2 Years or More. Then they will be immediately disqualified to be the member of state legislature
        
        Further, They cannot contest election for another 6 Years
      - Examples
        
        Jayalalita was convicted for 4 years for Prevention of Corruption Act
        
        Her Party won the Elections
        
        she didn't fight elections
        
        She was appointed the CM
        
        Quo Warranto Applied
        
        6 Months time for Jaylalitha
        
        SC said within 6 months also she is not eligible to contest elections
        
        Azam Khan convicted for 3 years for Hate Speech
  - Art 33 - Power of the Parliament to Modify the Rights Conferred by this Part (Part 3)
    1. Art 33 empowers the parliament to restrict or abrogate the FR of the members of the
      1. armed forces - Army Navy Air Force
      2. para military forces CISF, BSF, NSG, ITBP
      3. police forces - CBI
      4. intelligence agencies - R&AW, IB
      5. analogus forces - NIA
    2. Examples of Law
      1. Army Act, 1950
      2. Navy Act, 1950
      3. Airforce Act, 1950
      4. Police Force (Restriction of Rights), 1965
    3. Rights Restricted are :
      1. Rt to Form Union
      2. Rt to Speech and Expression
    4. Rights Restricted due to
      1. National Security Concerns
  - Art 34 - Restriction on Rights conferred by this part while Martial Law is in Force in any area
    1. This Part is Part 3
    2. Sec 144 is NOT Martial Law
    3. After Independence ; There has never been implementation of martial laws
    4. Martial Law : Military Rule
      1. The Civil Administration System doesn't work
      2. The Justice, Administration & Whole Process of an area is given to an army officer
    5. When can Martial Law be Implemented - War, Invasion, Insurgency
  - Art 35 - Legislation to give affect to provisions of this part (3)
    - Who has Authority to make Laws for Part 3
    1. Article 35 Empowers the Parliament not the State Legislature
    2. To Make Laws to give the Affect
      1. Article 16(3)
      2. Article 32(3)
      3. Article 33
      4. Article 34
    3. Prescribe Punishment for those acts which are declared to be offences under this part
      1. Art 17 - Untouchability
      2. Art 23 - Begar
      3. Art 24 - Child Labour
- Trinity - Goden Triangle - Art 14 19 21
  1. Before Menaka Gandhi Case, FR were considered different in water tight compartment
  2. After MG case only, FR were considered to be connected
  3. If Rt to Life & Liberty is Deprived - Art 21 If need to be, only by Due Process of Law
  4. Test of not only Art 21 but also test of Art 14 & Art 19 is also needed
  5. How is Art 14 19 21 related
    1. Restrictions should be - Reasonable Restriction Test of Reasonability
  6. Google Art 14 19 21
Part 4 (Art 36 - Art 51) - DPSP
- Art 36 - Definition of State
  - Article Say
    
    Same as Definition in Part 3 unless stated otherwise
  - Why do we need to define it
    1. To Know who has the obligation
    2. If violated, who is accountable
- Art 37 - Moral Obligation
  
  Shall be the Duty of the State to apply these principle in governance of the state though not enforceable in a court of law
- Art 38 - Art 51
  - Socialistic (8) - 38, 39, 39A, 41, 42, 43, 43A, 47
    - Art 38 - Secure a Social Order
      1. Living Peacefully
      2. Stability in Society
      3. Duty of State to ensure Peace and Stability in society
      4. By Institution of Police and Court
    - Art 39 - Certain Principles and Policies
      
      6 Principles under Art 39 are
      - 1 To Secure Adequate means of Livelihood for all the Citizens
        
        MGNREGA
        
        UBI - Universal Basic Income Scheme - Not Implemented but Govt is contemplating
        
        Minimum Allowance to Citizen, to follow a certain standard of life
        
        India is thinking about Quasi Judicial UBI
        
        Work More on it
      - 2 Equitable Distribution of Resources - Art 39(c)
        
        Equitable not Equal
        
        Land Reforms Act
        
        Progressive Taxation Methods
        
        Tax from Rich
        
        Subsidy to Poor
      - 3 Prevention of Concentration of Wealth - Art 39(b)
        
        Progressive Taxation
        
        CSR
        
        Abolition of Privy Purse
        
        Abolition of Princely States
      - 4 Equal Pay for Equal Work
        
        To Prevent Social Justice
        
        Equal Remuneration Act
        
        Men and Women India Cricket Team
      - 5 Preservation of Health of Workers
        
        Labour Laws
        
        Mines Act
        
        Factories Act
        
        Industrial Disputes Act
        
        Disability During Work - Compensation
      - 6 Opportunity for Healthy Development of Children
        
        Mid Day Meal Scheme
        
        Mission Vatsalya
        
        ICDS - Integrated Child Development Scheme
        
        POCSO - Protection of Children against Sexual Offences
        
        ASHA Workers
    - Art 39A - Equal Justice & Pre Legal Aid
      1. There is no Equal Access to Justice
      2. Free Legal Aid for certain people
      3. Legal Services Authority Act
        
        Provide for Free Legal Aid for Poor People
        
        National = NALSA - National Legal Service Authority
        
        State = SLSA - State Legal Service Authority
        
        District = DLSA - District Legal Service Authority
    - Art 41 - Right to Work, To Education, To Public Assistance
      
      Work
      
      MGNREGA
      
      Education
      
      Rt to Education
      
      Public Assistance
      1. Provision for Disables in Public Sphere
      2. Disasters
      3. Old Age Homes
      4. Widow Pension Schemes
    - Art 42 - Provision for Just & Humane Conditions of Work and Maternity Leaves
      
      Just & Humane Conditions of Works
      
      Mines Act, Factory Act, Industry Disputes Act
      
      Maternity Leaves
      1. Maternity Benefit Act
        
        One is maternity leave which is of 180 days ( applicable for first two children only ) which can be started 3 months before the delivery date. This is now applicable to all private and public institutions also.
        
        In central govt one more leave ,that is child care leave which is of 720 days which can be taken till the child attains the age of 18 years.
        
        Paid Leave Means
        
        She can take paid leave of 26 Weeks in an organised Sector
        
        It will be counted for her seniority and her salary will be given
        
        can be taken in one single stretch or in any no of breaks
    - Art 43 - Living Wage etc for Workers
      1. Minimum Wages Act - to Prevent Exploitation of Workers
      2. Implementation is still questionable
    - Art 43A - Participation of Workers in Management of Industries
      1. Industrial Disputes Act
      2. Trade Union Act
      3. Workers can collectively Bargain by forming a union
    - Art 47 - Duty of State to raise the level of Nutrition, Standard of Living, Improve Public Health
      
      Level of Nutrition
      1. Food Security Act
      2. PDS
      Standard of Living
      1. Indira Aawas Yojana - Free Housing
      2. Free Electricity
      3. Jal Jeevan Mission - Drinking Water Facility
      4. Internet to all Panchayats
      Improve Public Health
      1. National Health Mission
      2. Ayushman Yojana
      3. Schemes at Primary, Secondary & Tertiary Schemes
  - Gandhian (6) - 40, 43, 43B, 46, 47(Second Part), 48
    - Art 40 - Organisation of Village Panchayat
      1. 73rd CAA, 1992 Constitutional Status to Panchayat
      2. with Constitutional Status - It means it becomes Mandatory to be established
      3. Earlier - Even if Panchayat will be constituted or not, state could actually stop it also
      For Gandhi Democracy at Grass Root Level is the Real Democracy and not at the Highest Level
      
      Advantage of Having Panchayat, Elected Representatives of Local Area, They can question them
      
      Hence, Third Tier Democracy Increases Accountability
    - Art 43 - Promotion of Cottage Industries - Gandhian Principles
      1. Promotion of & Empowering the Cottage Industries
    - Art 43 B - Promotion of Co Operative Societies
      1. Co Operative Societies Act - To Regulate and Empower Co Operatives
    - Art 46 - Promotional of Education and Economic Interest of SC ST and Other Weaker Sections
      
      SC ST OBC
      1. Reservation to SC ST OBC in Educational Institution
      2. Reservation for ST in Promotion
      3. Standup India Schemes - To Promote Economic Interests of SC & ST
        
        Every Year a Minimum of 1 Crore has to be Sanctioned for the SC ST for Entrepreneurship from EACH & EVERY BRANCH of each bank
      Economically Weaker Section
      1. 103rd CAA - EWS - Weaker Section
    - Art 47 - Prohibition of Intoxicating Drinks
      1. Gujarat, Bihar, Nagaland, Mizoram, Lakshadweep
      2. In Gujarat - was challenged under - Art 19 (1)(g) - Rt to Occupation Trade and Business
      3. In Bihar - was challenged under - Art 21 & Art 19
      4. Patna HC - Struck Down Bihar’s Case
      5. SC Sub Judice
      6. Follow Judgement
    - Art 48 - Organisation of Agriculture and Animal Husbandry
      1. Most of the States there is a Regulation with regards to prevention of Slaughtering of Cow and other Milch Animals
      2. Complete Ban - UP, Gujarat, Rajasthan, MP
      3. Partial Ban - Karnataka
        
        Like Until Productive Age, There cannot be Slaughtering
      4. No Ban - Kerala & Some North Eastern States
  - Liberal (7) - 44, 45, 48, 48A, 49, 50, 51
    - Art 44 - Uniform Civil Code (UCC) - Very Important ⭐️⭐️
      - How old is the case of UCC ?
        
        The Debate of Having a UCC is as old as the CA itself.
      - What is the Meaning of UCC ?
        
        Definiton
        
        A Set of Common Civil Code for all Indian Citizens in personal matters related to marriage, divorce, property, inheritance etc irrespective of religion which right now is not uniform
        
        Uniform - Set of Common Laws
        
        Civil Code
        
        Mundane Aspects
        
        Marriage
        
        Divorce
        
        Inheritance of Property
        
        For Civil / Personal Laws
      - Current Status of Laws ?
        
        80% Hindu Buddhism Sikh Jain - Same Law
        
        20% Muslims Christians Parsis & Others - Different Law
      - Why do we need UCC - In Favour ?
        
        It is the Moral Obligation of State
        
        UCC is example of Progressive Society
        
        Example : France & USA
        
        Uniform Laws help in reduction of Vote Bank Politics
        
        Deals with Remedy to Violation of Rights
        
        Example
        
        Grounds of Religion - Art 15
        
        Equality Before Law - Art 14
        
        Right to Life - Art 21
        
        Gender Injustice across religion
        
        Equality of Law Across Religion
      - Why do we NOT need UCC - Against the Motion ?
        
        Violative of Art 25 - Religious Rights
        
        If people don’t accept State Implements it by Force Unity & Integrity of the Nation will hampers because people will resent
        
        State Interference in Personal Matters
      - Examples of Laws Different Laws Currently ?
        
        Marriage
        
        Hindu Marriage Act, 1955
        
        Muslim Personal Law (Shariat)
        
        Incurable Leprosy
        
        Hindu & Muslim - Ground for Divorce
        
        Christian & Parsis - Not Ground for Divorce
        
        Adoption
        
        Adopted Child Right to Inherit Property - Hindu Yes
        
        Other Religion No
        
        Maintainence After Divorce
        
        Hindus - Compulsory
        
        Others - No
        
        Practise of Triple Talak & Polygamy
        
        Muslims - Allowed Until Now
        
        Hindus - Not Allowed
      - How does it violate FR ?
        
        Art 14 Art 19 Art 21
      - Who Suggested UCC in CA ?
      - Ex of Western Countries which have UCC ?
        
        France and USA
      - Case Laws wrt to UCC in SC & LC ?
        
        Largely SC was Neutral,
        
        Shah Bano Case, 1985
        
        Case of Divorce b/w Muslim Husband & Muslim Wife at age 65
        
        Husband denied Maintainence
        
        Maintenance for only first 3 Months
        
        Under Muslim Personal Law, she cant get maintenance
        
        SC invoked 125 of CrPC - Criminal Law Its a Punishable Offence to not Provide Maintainence to Wife Even after Divorce she would continue to be Wife of husband if she has not married anyones else Husband will have to give Rs 500
        
        SC Recommended Implementation of UCC
        
        Sarla Mudgal Case, 1995
        
        Sarla Mudgal - Hindu
        
        Husband - Hindu
        
        Marriage - Hindu Marriage Act
        
        Husband - Converted to Islam
        
        Husband - Married Muslim Women
        
        SC declared
        
        We don’t see your religious conversion not on belief but to take advantage of polygamy rule of Islam
        
        SC Suggested Govt to think about UCC
        
        SC recommended matter to Law Commission
        
        Law Commission has very categorically said that UCC is
        
        Neither Feasible Nor Necessary
        
        Why LC said like this
        
        Tension Amongst Minorities
        
        Citizens don’t accept it
        
        LC suggested Incremental Approach but not a Sweeping Reform
        
        Example
        
        THE PROHIBITION OF CHILD MARRIAGE (AMENDMENT) BILL, 2021
        
        Like Making Age of Marriage 21
    - Art 45 - Provision for Early Childhood Care & Education to Children below the age of Six Years
    - Art 48 - Organisation of Agriculture and Animal Husbandry
      - Green Revolution
      - Pink Revolution
      - White Revolution
      - Schemes
    - Art 48 A - Protection & Improvement of Environment and Safeguarding of forest and wildlife
      1. From Environment Classes
    - Art 49 - Protection of Monuments and Places and objects of National Importance
      1. Ministry of Culture
      2. ASI - Archaeological Survey of India
      3. Scheme : Adopt Heritage Sites Scheme
        
        Companies Can Show it as part of CSR
        
        CSR under Companies Act
      4. Private Individuals, Companies & NGO
    - Art 50 - Separation of Judiciary from Executive
      1. CrPC - De Alienates Power of Police & Who Can Give Punishment
    - Art 51 - Promotion of International Peace & Security
      1. India is the Second Largest Country in the World to Give Men for International Peace Keeping
      2. Panchsheel - Non Interference in Internal Affairs of other Country
      3. No First Use Nuclear Policy
      4. India will not use Nuclear Weapon against a Non Nuclear State
      5. India was initially a part of Non Alignment Movement
- Does Constitution divide DPSP categories
  1. No it does not, we make these division for our understanding
- Background
  1. Present in Part 4 of Constitution
  2. Consist of Art 36 to Art 51
- What is a DPSP
  1. They are Certain Guidelines and they are very detailed guidelines
- How is FD & DPSP related
  1. FD are Moral Obligation - On Citizens
  2. DPSP - Moral Obligation - On State
- How does DPSP lead to Welfare State
  1. If State keeps implementing DPSP → will automatically lead to Welfare State
- Why was DPSP Kept a Moral Obligation
  1. Initially india was a Nascent Democracy at the time of Independence
  2. Though Some Members of CA wanted it to be a Legal Obligation, Ambedkar Said it should only be a Moral Obligation because
    
    Resource Constraints
    1. DPSP is very aspirational, country like US cant even implement it fully now
    2. Legal Obligation will only increase the Litigation in Courts
    Power of Indian Democracy
    1. Even Moral Obligation can make Govt follow the DPSP, because India is a Democracy and they cant ingnore it
- In what condition DPSP is Justiciable
  1. Unless Implemented It cant be made a Legal Obligation
  2. But if the Govt makes a Law and Confers Rights in the Citizen → Taking Inspiration from DPSP→ Then after the Law being made → If rights are violated, now it is justiciable
  3. Example
    
    MGNREGA - 100 Days of Employment If he is not given Employment, he can seek remedy
- Is DPSP new to Constitution
  1. In Government of India Act 1935, there were elements of DPSP
  2. In GOI Act, 1935 it was called Instrument of Instruction
- What is the Difference Between FR & DPSP ?
- Examples of Questions Possible
  1. Justiciable or Moral Obligation
  2. Amendments of DPSP
  3. Difference from DPSP & FR
  1. Prelims Exam - Min 1 Max 2
  2. Mains - 1 Question - Majorly UCC
Part 4A (Art 51A) - Fundamental Duties
- Background - Factual Information
  1. was not Part of Original Constitution
  2. Added by 42nd CAA 1976
  3. Added to Part 4 A
  4. Added Art 51 A
  5. Initially had 10 Duties
  6. 11th Duty added by 86th CAA, 2002
- The Fundamental Duties Images
- The Story Behind its coming
  1. Based on Recommendation of Swaran Singh Committee (Defence Minster of India then)
  2. He was Part of Kitchen Cabinet of Indira Gandhi
  3. 1975 - 1976 - Time of Third National Emergency
  4. People weren't happy ; Public Property was destroyed
  5. He Recommended Bringing in some Fundamental Duties
  6. This FD could be a Moral Obligation & NOT a Legal Obligation
- Important Points to Note
  1. It is the Duty of the Citizens
  2. It is the Moral Obligation of Citizens
  3. There is NO moral obligation on Aliens
- Can It be made a Legal Obligation
  1. Examples
    1. FD : To Respect National Emblems
    2. Law : Prevention of Insults to National Honours Act, 1971
  2. It become a Legal Obligation, Only if the Law is Made on it
- Scope of Mains Questions
  
  FD is the Codification of task integral to Indian Way of Life
  
  with FD it was codified but the morals were already present in the lives of Indians
  
  Sample Question
  1. Respect National Emblem
    1. Call for Nationalism and Preservation of Property
  2. Preservation of Environment
    1. Worship of Nature
    2. Sacred Grooves in Tribe
    3. Chipko Andolan
  3. Strive Towards Excellence
    1. Bose
    2. Aryabhatta
    3. Taxilla
  4. Composite Culture
    1. Most of Kingdoms Secular
    2. Less Religious Persecution
    3. Institution of Family & Marriage is Sacred in India
  5. Protecting Sovereignty
    1. Sikh At least 1 Offspring to serve the army
- Scope of Prelims Questions
  1. Non Justiciable
  2. Applicable Only to Citizen
  3. Facts
  4. Which of the Following is a Fundamental Duty
- Detailed FD
  1. To Abide by the Constitution and Respect the Ideals of Constitution & to the National Flag and National Anthem
    1. Ideals are Justice Liberty Equality
    2. Institutions - Judiciary Parliament
  2. To Cherish and to follow the Noble Ideas which inspired Struggle for Freedoms
    1. Ideals - Self Respect, Non Violence, Satyagraha
  3. To Uphold Protect and Sovereignty & integrity of India
    1. Revolt against foreign rules
    2. Uprisings & Revolt of 1857
    3. after independence, Chinese war, civilians participated
  4. To Defend Country
    1. Same as above
  5. To Promote Harmony and the spirit of common brotherhood amongst all the people
    1. Vasudeva Kutumbhakam
  6. Renounce Practise Derogatory to Dignity of Women
    1. Social Reformer - Abolish Sati Widow Re Marriages
  7. Value & Preserve Rich Heritage & Composite Culture
    1. Indian Festivals
    2. Foreign Soft Power
  8. Scientific Temper
    1. Bose Aryabhatta
  9. Spirit of Reform
    1. RRMR
  10. Safeguard Public Property & Abjure Violence
    1. Satyagrah
    2. Non Violence in Religions
  11. Individual and Collective Activity
    1. DPSP
    2. Cooperative Movements
  12. Child Education
    1. Gurukul Culture

Executives - Union & State Executives
- ⭐️Division of Power - Union & State
  
  Because of Division of Powers ; Executive in India can be divided into two Parts
```
    *Union Executive*
```
  Political Exec
  
  President
  
  Vice President
  
  Prime Minister
  
  CoM
  
  Permanent Executive
  
  Attorney General
  
  Civil Servants
  
  State Executive
  
  Political Exec
  
  Governor
  
  NA
  
  Chief Minister
  
  CoM
  
  Permanent Executive
  
  Advocate General
  
  Civil Servants
- ⭐️President - Basics
  - Articles Involved
    1. Art 52 - There shall always be a President
    2. Art 53 - Head of Union Executive
    3. Art 54 - Electoral College for Presidential Elections
    4. Art 55 - Proportional Representation
    5. Art 58 - Qualification of President
    6. Art 59 - Conditions of Presidents Office
    7. Art 61 - Impeachment
    8. Art 71 - Election Dispute of President
    9. Art 74 - Council of Ministers to Aid & Advice the President
  - Who are the Real Executive ?
    1. Real Executive is Someone Directly elected by People
    2. PM & CoM
  - Is President a Real or Nominal Executive ?
    
    Although He is head of Executive. he is a Nominal Head because he has to work on the Aid and Advice of CoM (Art 74)
  - Is the Aid and Advice of CoM, binding upon the President ?
    1. Until 1976 the Judiciary had to answer this Question, Many times.
    2. It was assumed by the CA, instead of a King or Queen, India will have a President & he has to play the same function performed by the Monarch in UK
    3. It wasn't explicitly mentioned in Constitution, Hence some presidents were acting in contradiction
    4. So every time in a tussle between president and govt happened - judicial intervention was needed
    5. Hence, IG brought 42nd CAA, 1976 → Word “SHALL ACT” was added.
    6. Then, 48th CAA, 1978
      1. After Emergency, 1977 Janta Party Came to Power
      2. Janta Party was ok with President being a Nominal Executive
      3. But 48th CAA
        
        Added that President can send for reconsideration *only once *
        
        if the Govt sends again, then President has to agree now
  - So Does President EVER exercise any discretionary power ?
    
    Yes He Sometimes Exercises, Some Situational Discretion
  - Existence of President
    1. What if President Suddenly Dies in Office
      1. VP will become President of India
      2. If VP dies
        
        CJ of India will be President
        
        If CJ dies
        
        Senior Most Judge of SC will be President
    What if Senior Most Judge Dies
    
    → Then Next Line of 33 Judges based on Seniority
  - Art 58 - Qualification for being the President
    - 1 Citizen of India
      
      Can a Naturalised Citizen be a President of India ? Yes
      
      Indian Constitution doesn't differentiate between a Natural Born & Naturalised Citizen - Once a Citizen he is a Citizen
      
      But in USA, only Natural Born Citizens are allowed
    - 2 Age : 35 Years of Age
    - 3 Qualifies for Election as a Member of House of People (Lok Sabha) - Art 84
      - 1 Citizen of India
      - 2 Not Less than 25 Years of Age
        
        Automatically allows for Presidents Age
      - 3 Oath / Affirmation in front of an Authorised Authority
        
        He has to file his Nomination Papers in front of Authorised Authority
        
        Authorised Authority - Decided by Election Commission
        
        He is generally a Returning Officer - Alternating
        
        Secretary General of LS - For President
        
        Secretary General of RS - For Vice President
      - 4 He/She should be an Eligible Voter
        
        He should himself be able to vote in Lok Sabha
      - 5 He/She should not hold any Office of Profit
        
        0 Office of Profit is NOT defined in the constitution
        
        1 SC Decided the Definition
        
        2 Office of Profit - Before 2006
        
        Any Office executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or a remuneration or profit can be considered to be an office of profit
        
        3 Jaya Bacchan Case, 2006
        
        Jaya Bacchan was a MP in Rajya Sabha
        
        Only when they are elected as a MP, MP should not hold any office of Profit.
        
        Subsequent to being MP in RS, she was also appointed as Chairperson of Uttar Pradesh Film Development Corporation
        
        She was disqualified from being an MP of RS
        
        Jaya Bacchan said her Disqualification was wrong, but she said that she hadn't taken any salary from there.
        
        Hence, the Disqualification was Unconstitutional
        
        SC changed the definition of Office of Profit
        
        4 Office of Profit - After 2006
        
        Any Office Executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or remuneration or profit is receivable in the first place
        
        can be considered to be an office of profit
        
        It is immaterial whether the individual actually receives the salary or not
  - Concept of Office of Profit
    - 0 Office of Profit is NOT defined in the constitution
    - 1 SC Decided the Definition
    - 2 Office of Profit - Before 2006
      
      Any Office executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or a remuneration or profit can be considered to be an office of profit
    - 3 Jaya Bacchan Case, 2006
      1. Jaya Bacchan was a MP in Rajya Sabha
      2. Only when they are elected as a MP, MP should not hold any office of Profit.
      3. Subsequent to being MP in RS, she was also appointed as Chairperson of Uttar Pradesh Film Development Corporation
      4. She was disqualified from being an MP of RS
      5. Jaya Bacchan said her Disqualification was wrong, but she said that she hadn't taken any salary from there.
      6. Hence, the Disqualification was Unconstitutional
      7. SC changed the definition of Office of Profit
    - 4 Office of Profit - After 2006
      
      Any Office Executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or remuneration or profit is receivable in the first place
      
      can be considered to be an office of profit
      
      It is immaterial whether the individual actually receives the salary or not
  - Exceptions to Office of Profit - Pres, VP, Gov, CoM (Union & State)
    1. Sitting President
    2. Sitting Vice President
    3. Sitting Governor
    4. Ministers (Union/State)
  - Art 56 - Term of Office
    1. Since the Day he assumes office → for 5 Years
    2. A President is eligible for re election as many times as he wants
    3. US Presidents only for 2 Terms
    4. Resignation
      1. to Vice President
      2. No Need to give some specific reason
    5. with Resignation comes vacancy to the President
    6. This Vacancy can only be for a period of 6 Months and until then the office has to filled with elections
  - Art 54 - Electoral College & Type of Election for President
    - Why Indirect Elections
      
      In a Democracy Elected Government will have the real power and once PM is elected. Having a Direct Election for President would means
      
      Extra Cost of Election for a Nominal Executive
      
      Power Tussle between PM & President
    - How is Presidential Election related to Indian being Republic ?
      
      No Matter What Kind of election, the election will have to be there, because India is a Republic and it needs to have a elected head of state
    - What is the Meaning of Electoral College
      
      Electoral College will mean all the people who will be Eligible to Vote
    - Why is it called a Indirect Election
      1. Because people elect people
      2. who then elect the president
    - Who are part of Electoral College
      - ELECTED MEMBERS of Both Houses of Parliament
        
        Lok Sabha (545)
        
        Elected
        
        543 Members Elected - Exist
        
        Nominated
        
        2 Members Nominated from Anglo Indian Community by President
        
        Removed by 104th CAA, 2020
        
        Rajya Sabha (238)
        
        Elected
        
        233 Elected
        
        Members
        
        12 Nominated - NOT Considered
      - ELECTED MEMBERS of LEGISLATIVE ASSEMBLY of States
        
        Legislative Assembly
        
        Elected
        
        No of Seats State to State
        
        Nominated 1 Member could have been nominated by the Governor - NOT Considered for Election
        
        Legislative Council - NOT CONSIDERED
      - ELECTED MEMBERS of LEGISLATIVE ASSEMBLY of NCT of Delhi && Puducherry
        
        Added by 70th CAA of 1992
        
        NCT meaning - National Capital Territory
        
        Will J&K be also a part of electoral college for presidential elections
    - Who is Not Part of the Electoral College
      1. Nominated Members of Both Houses of Parliament
      2. Nominated Members of State Legislative Assemblies
      3. Elected and Nominated Members of State Legislative Council
      4. Unless & Until a CAA is done to Art 54 & 55, J&K UT is also not a Member of Electoral College
  - Art 59 - Conditions of Presidents Office
    1. Should not be a Member of Parliament or State Legislature
      1. Member of Parliament - of Lok Sabha & Rajya Sabha
      2. State Legislature - MLA & MLC
      3. An MP or MLA MLC can contest elections in being in the post but as soon as he becomes president he should resign
    2. He Should not Hold any Office of Profit
    3. He is Entitled for Official Residence
      1. He will have to live in Rashtrapati Bhawan for discharging works of president and security of president
    4. Emoluments & Allowances - Law by Parliament
      1. Law will be made by Parliaments
      2. Presidents Salary is 5 Lac Per Month
      3. Presidents Salary & Allowances cannot be varied to be his disadvantage
      4. can be varied to Advantage but not disadvantage
  - Art 55 - Manner of Election
    
    Concepts Needed
    - For Population - Important Point - 1971 Census
      1. Latest Census was Used until 1975
      2. Latest Census Rule was amended and changed by 42nd CAA, 1976 by IG
        
        They Inserted the Word : 1971 Census was to be used till the Year 2001
        
        & Replaced the Word : Latest Census
      3. in Year 2001, this Provision was amended by 84th CAA, 2001 - that Census of 1971 will be used until the First Census after the Year 2026
    - What is the Reason Behind this
      1. During Emergency - Idea of Sanjay Gandhi - Congress brought Family Planning in India
      2. There were instances of Forced Sterilisation in India
      3. Central Govt asked the States to Implement this Policy
      4. Southern State said : Already there is Low Population Growth in Southern State as compared to Northern State
      5. Hence, Southern States would have been in Disadvantage as the value of their MLA would have degraded
      6. Hence, 1971 Census was fixed for Levelling the Play Field
      7. Acceptable Growth Rate was thought to be achieved by 2001
        
        but then due to non achievement it was further amended until 2026
    - By Secret Ballot Vote (SBV)
      1. No one can know, who voted for whom
      2. The Party can give Direction but the person will vote completely on the conscience of his own
    - By Single Transferable Vote (STV)
      - What is Single Transferable Voting System
        
        Each and Every MP or MLA will have a Single Vote, but they can give preferences
      - How does Ballot Paper Look Like
      - FPPT System
        
        FPPT - First Past the Post System
        
        Used in Elections in Lok Sabha and Legislative Assemblies
        
        Running Race Competition :
        
        The Person has to just get only vote, no matter even if he gets one vote
      - but in Presidential Elections we have Electoral Quota
        
        Valid Votes - Key Word
        
        How does vote become Invalid
        
        No First Preference
        
        Giving Two First Preference
        
        Not Legible or some procedural Works
        
        Simply Said :
        
        Electoral Quota : > 50% + 1
        
        For Ex If : Total No of Valid Votes : 10 Lacs President Should Minimum Get : 5 Lacs + 1
      - Important Points for Counting Votes
        
        Giving First Preference is Compulsory
        
        EC will only count the First Preferences
      - How is Single Transferable Vote Implemented
        
        Now what if this Occurs
        
        Now 10% is ruled out
        
        Now Also No One is Achieving the Electoral Quota. Hence, C is ruled out
      - Summary of Presidential Elections
    By Proportional Representation (PR)
    - Value of Vote of MLA
      1. State having more population will have more say in the elections, by giving them more power
      2. Value of Vote of MLA of State is dependent on Population of State
      3. Formula for MLA
        
        🇮🇳 UP : Highest : 208 per Vote Sikkim : Lowest : 7 per Vote
    - Value of Vote of MP
      
      Total Number of Elected Members of Parliament
      
      LS - 543
      
      RS - 233
      
      Total = 776
    - Electoral Quota
    Anti Defection Law doesn’t apply in case of Secret Election
    🇮🇳 **Inferences - VVIMP**
    1. Value of Vote of RS & LS MP is Same
    2. Value of Vote of an MP > Value of Vote of MLA
    3. Value of Vote of a MLA is Different in Different States
    4. An MLA in Same State will have Same Value of Vote
    5. Cumulative Value of Vote of MP from Lok Sabha > Rajya Sabha
  - Art 71 - Election Dispute of President
    1. Only Place where Presidential Election can be challenged is in Supreme Court
    2. No Petition can be made to any High Court
    3. Supreme Court - OR Juris
      1. Original Jurisdiction
      2. Exclusive Jurisdiction
    4. Prior Acts - Will Remain Valid because
      1. To Prevent Administrative Inconvenience
      2. Anyways the President has acted upon the Aid and Advice of CoM (Art 74)
    5. Vacancy in Electoral College is NOT a Ground to challenge the Presidential Election
  - Art 61 - Procedure for Impeachment of President
    1. Grounds on which President can be Impeached is only & only
      
      “Violation of Constitution”
    2. Procedure
      
      Resolution for Removal to be Introduced in either Houses
      1. Resolution → Proposal
        
        Proposal Should
        
        Include the Charge
        
        Narration of Incident
      2. Proposal Approved by
        
        Even Before a Proposal is introduced it should be supported by 1/4th of Members of the House (in which he is trying to introduce the bill)
      3. Proposal is given to the Presiding Officer
        
        Speaker - Lok Sabha
        
        Chairman/VP - Rajya Sabha
      4. Presiding Officer will give permission only when
        
        1/4th Members (in which it is introduced) have seconded it
      5. Before Introduction the 14 Days Prior Notice to the President has to be given
      6. Introduced in (Either Houses)
        
        Either LS
        
        Either RS
      7. 2/3rd of total membership of the house majority is needed
      8. Resolution Passed to the Next House President has the Right to Represent (Alone or with aid of his personal council)
      9. 2/3rd of total membership in the other house is achieved
      10. President Stands Impeached
  - Vacancy of Office of President
    1. Current President Carries on
      1. Due to Expiry of the Term - To Prevent Constitutional Interregnum
    2. Vice President Takes Over
      
      Becomes the President for a Period of 6 Months, within 6 Months ECI has to conduct elections
      1. Death
      2. Resignation
      3. Removal by Impeachment
      4. Otherwise → Election Declared Void by SC
- President - Advanced
  
  Powers & Functions of President
  - Why These Functions ?
    1. President is the Head of Union Executive
    2. All Action taken by Union Govt is taken in the Name of President
    3. Name of President Meaning (Art 74) : The President Shall act on the Aid & Advice of PM & CoM
    4. But Still, Being a Union Executive he has to perform of some function
  Major Functions of President
  - 1 Executive Powers🚀
    
    These are also called Administrative Powers
    
    Discretionary Power
    - Discretionary Power Art 78 : Right to be Informed of the Affairs of the State
      
      Example : Delegation led by Opposition went to president during time of Farm Laws Protests
    Normal Power
    - Normal Power Art 77 : President Makes Rules for more Convenient Transaction of Business and allocation among the ministries
      1. How Many Departments
      2. How Many Portfolio
    - Normal Powers Art 239 : Administers Union Territory Directly
      1. President is the Authority to Appoint People
      2. President can appoint an office who report to governor for functioning of UT
        
        UT w/o Legislative Assembly
        
        Lt Governor
        
        Commissioner
        
        Administrator
        
        UT with Legislative Assembly
        
        J&K
        
        Puducherry
        
        Delhi
        
        They have special powers and some level of autonomy but
        
        UT’s are not in Federal Relation with centre
        
        The Boss is Still President for them.
    - Normal Power : All Executive Actions are taken in the name of the President
      1. Every means Every
      2. All Simple and Major Actions
    - Normal Powers : Appointment & Removal of Various Constitutional Functionaries
      
      All these Constitutional Functionaries - Appointed and Removed by President
      1. CAG - Comptroller & Auditor General
      2. Election Commissioner - EIC
      3. Attorney General - AG
      4. Members of UPSC
      5. Judges of Supreme Court & High Court (Based on Recommendation of Collegium)
    - Normal Power : Power to Appoint Commissions to Investigate Conditions of SC ST OBC
      1. Appoints National Commission like
        
        NCSC - National Commission for SC
        
        NCST - National Commission for ST
        
        NCBC - National Commission for OBC
  - 2 Legislative Powers🚀
    
    Veto Power
    - 1 Art 111 Veto Power (Centre) : Powers to Assent Legislations & Veto Powers
      
      Veto for Ordinary Bills Only
      - Types of Veto Powers of President
        
        Is the Word Veto Mentioned in the Constitution
        
        Word Veto is no where mentioned in the Constitutions
        
        For what kind of bill is the Veto Done ?
        
        These Kinds of Vetos are only for Ordinary Bill
        
        Meaning of Veto
        
        to refuse to give official permission for an action or plan, when other people have agreed to it
        
        Example of US
        
        In US President has to give assent within 10 Days or it is deemed to be passed
        
        In India there is No Time Limit for Giving Assent
        
        Pocket of President of India is Much Bigger than that of US
        
        Is there a Lapse Period/Time ?
        
        No there is no Lapse Period of Bill
        
        1 Absolute Veto - Situational Discretion
        
        Meaning : He is going to withhold the assent to the Bill
        
        Condition : This can be Done in only Two Conditions
        
        Situational Discretion
        
        Private Members Bill
        
        It is not agenda of the government
        
        govt would support it
        
        very less chances, that it might pass in lok sabha
        
        however if by luck private member passes the bill, CoM can advice the president to not give assent to the bill
        
        Bill is passed by the Parliament but lok sabha is dissolved
        
        Bill is passed by the Parliament
        
        But Lok Sabha is Dissolved
        
        Because of Expiry of Term of Lok Sabha
        
        Because of Losing Majority
        
        Concept of Care Taker Government
        
        If LS is dissolved, because of President
        
        as President should always be there
        
        So there shall always be CoM to aid the President
        
        this Govt will be called Caretaker Government
        
        Example : of Usage of Absolute Veto
        
        President R Venkat Raman (1991)
        
        Salary Allowances & Pension of Members of Parliament Amendment Bill, 1991
        
        2 Suspensive Veto - Discretionary Power
        
        What is the Meaning of Suspensive Vote ?
        
        When the President Sends the Bill for Re Consideration
        
        Why is it called Suspensive Vote?
        
        Because the Veto of President is suspended by the Parliament by passing a Simple Majority
        
        Why is it Sent ?
        
        May be President is not happy with the Bill and wants it reconsidered. A breathing room for dialouge & discussion
        
        How Can it be Sent ?
        
        He may send it with or w/o a Note
        
        How Many Times can he send the bill for Re Consideration ?
        
        Sending the Bill for Reconsideration “on his own” Only Once is his discretionary Power
        
        Now if the Parliament again passes the Bill with Simple Majority
        
        The President has to give assent to the Bill
        
        Example of usage of Suspensive Vote ?
        
        President A P J Abdul Kalam
        
        on Office of Profit Bill, 2006
        
        a MP cant hold any office of profit
        
        There will be some Exemptions where the MP from being Office of Profit
        
        Kalam sent for Re Consideration
        
        But it was again sent for assent
        
        and now kalam sir HAD to give his assent
        
        3 Pocket Veto - No Situation
        
        Meaning of Pocket Veto ?
        
        President does not take any action on the Bill
        
        Why is there a Pocket Veto ?
        
        Because Constitution does not specify a time in which the President has to give assent to the Bill
        
        When is it Generally Done ?
        
        Before Dissolving of Lok Sabha
        
        Before Ending of Session of Bill
        
        Example of Usage of Pocket Veto ?
        
        by President Gyani Zail Singh, 1986, Post Office Interception Mail Bill, 1986 ; He Just Sat Over it
        
        Govt Term was Over, The Act was not given assent anyhow
      - Three things that can be done by the President
        
        1 Gives his Assent
        
        Bill is Passed
        
        2 Withhold his Assent - Is Always a Situational Veto
        
        Meaning
        
        Means he is communicating that he is not going to give his assent.
        
        As Long as he withholds his assent, Bill doesn't becomes act
        
        by Absolute Veto
        
        3 Return for Re-Consideration - Suspensive Veto
        
        Meaning
        
        for time being he is not giving the assent
        
        based on advices fom his advisors : Secretary & Other Legal Advisors
        
        by Suspensive Veto
        
        4 Sit Over It w/o Communicating - Pocket Veto
    - 2 Art 200 Veto Power (State) : Powers regarding the bill passed the state legislatures (Governor to Reserve Bill for Presidents Consideration)
      - Process of Making Law in State
        
        State Legislatures can make Laws in States
        
        Governor Gives the Assent
        
        With the Gubernatorial Assent, Bill becomes an Act
      - Powers of the Governor
        
        No Role of President
        
        1 Can Give Assent → Bil Becomes Act
        
        Can Withhold Assent
        
        Private Member Bill
        
        Legislative Assembly is Dissolved
        
        Can Send it for Re Consideration to the State Govt Once
        
        Role of President Involved
        
        Can Reserve it for Re Consideration of President *
        
        What Happens when Governor Reserves the Bill for the Assent of President
        
        Now Fate of Bill is in Hands of President
        
        After Sending the Bill for Re Consideration, does the Governor has say in the Bill now ?
        
        Now Governor has no say in the assent or dissent of the bill is what soever
        
        Which Bill will be Reserved for the Consideration of President by the Governor ?
        
        It is strictly on the Constitutional Discretion of Governor
        
        Exception Being for Money Bill of State
        
        What can the President do when the State Bill is sent to him for Consideration ?
        
        1 Prez Give Assent to State Bill
        
        Bill doesn't become Act
        
        2 Prez Withhold Assent to State Bill
        
        3 Prez can direct the Governor to send the Bill for Re Consideration to State Assembly
        
        President can send the Bill to the State Legislature as many times as he wants
        
        If the President sends the bill back for Re Consideration to State Legislature, Governor will ask the State Legislature to Re Send the Bill Back to the President within 6 Months
    Ordinance Making Power
    - 1 Art 123 : President Ordinance Making Power
      - What is ordinance ?
        
        Ordinance is similar to that of Law like by Legislature
      - What is ordinance making power ?
        
        It is the Law Making Power Entrusted in the Hands of the Executive, during extraordinary circumstances
      - Why this power was given ?
        
        to meet any urgent or unforeseen situation especially when the legislative body is not in session.
      - With whom advice is the ordinance made ?
        
        According to Art 74, President can make ordinance on the Aid & Advice of the CoM
      - According to SOP
        
        Law Making - Legislature
        
        Implementation - Executive
        
        Interpretation - Judiciary
      - Critique of ordinance making power ?
        
        It violates the doctrine of separation of power
      - Conditions under which Ordinance Making power can be invoked ?
        
        Recess or any one of the house of parliament not in session - Original Constitution
        
        When there is too much work in the house and govt needs an urgent Law - D C Wadhwa Case
        
        Satisfaction of President as to emergent situation - Original Constitution
      - What is the nature of ordinance ?
        
        It is temporary in nature, it is NOT permanent
      - What are the checks and safeguards on ordinance laws ?
        
        Whenever the parliament comes to session, within 6 weeks, the parliament has to pass it with simple majority
      - Is Ordinance Making a Parallel Power ?
        
        No, It is not. You cannot make any ordinance, when the session is in parliament.
        
        it can be only done when parliament is not in session
      - What is the area in which president can make ordinance ?
        
        The Ordinance Making Power of President is Co Terminus with Scope of Laws that can be made by parliament
      - Can ordinance be made for a Constitutional Amendment Bill ?
        
        No, the exception to Ordinance making power is that of non inclusion of constitutional amendment in its scope
      - Is Ordinance making power subject to Judicial Review → Chronology
        
        Ordinance Making was beyond judicial review till 1970
        
        R C Copper v/s Union of India, 1970 (Bank Nationalisation Case) - Maintained that Ordinance Making Power was under Judicial Review
        
        This case made clear that what will be the nature of ordinance making power
        
        R C Cooper was the person who had major stakes in these banks
        
        Nationalisation of banks was done with Ordinance and not by normal majority
        
        He challenged it on the grounds that , 2 days before the parliament was to be in session, the ordinance was made, hence hinting Mala Fide intention
        
        SC Maintained in R C Cooper Case that
        
        Presidents Satisfaction on Ordinance Making is Under Judicial Review on the Grounds of Mala fide Intention
        
        Govt wasn't happy that Ordinance making was under Judicial Review
        
        38th CAA, 1975 → Said that Ordinance Making Power was beyond Judicial Review
        
        44th CAA, 1978 → Ordinance making power was again brought under scope of Judicial Review
    - 2 Art 213 : Governor Ordinance Making Power
      
      All these 3 cases can be used in argument of ordinance making power of both president and governor
      - R C Cooper v/s UOI, 1978
        
        Governors Ordinance Making Power also came under Judicial Review
      - D C Wadhwa v/s State of Bihar, 1987
        
        Background
        
        was a professor in pune
        
        researching about ordinance making power of governor
        
        he was surprised that from 1960-80, governors of Bihar had passed more than 200 Ordinances
        
        Here in Bihar, they didn't pass it through parliament, but kept re promulgating it again and again. thus making it as a kind of law only
        
        SC Said
        
        Re Promulgation of Ordinance again and again is an act of violation of constitution
        
        Extra Ordinary or Exceptional Power of Ordinance Making should not be used as a Substitute of Legislature
        
        Criticism
        
        In Bihar, House was in Session and even then ordinance was made. Meaning that it was used as a parallel power of legislation.
        
        Because there was a lot of work in the house and they needed urgent law.
        
        Hence SC maintained that If there is too much legislative business or the time at the the disposal of the legislature is short
      - Krishna Kumar Case v/s State of Bihar, 2017
        
        SC Maintained
        
        Re Promulgation of Ordinance is a fraud on the constitutional power
        
        Re Promulgation is the Subversion of Democratic Legislative Process
    - Mains Question : Do you think that the ordinance making power entrusted upon the President and Governors violates the concept of separation of powers ?
    Normal Power
    - 1 Normal Power : Is an Integral Part of Parliament
      
      Parliament = President + LS + RS
    - 2 Normal Power : No Bill becomes an act without his assent
    - 3 Normal Power : Summoning Function of Parliament (Parliamentary Sessions)
      
      By President
      - Summoning Acc to Art 74 - 5 साल की शुरुआत
        
        Calling of the Members of Parliament to Start a Session
        
        The President can Summon the Session of Parliament as and where he wants.
        
        For Example
        
        In Case of Wars, Session can be called in at a different place
      - Prorogation Acc to Art 74 - 5 साल के बीच में
        
        Termination of Session is called Prorogation by President
      - Dissolution - 5 साल बीतने के बाद
        
        When Term of Lok Sabha is Over Entire House is Dissolved
      By Presiding Officer of House (Generally for Winter, Summer Kinda Session)
      - Recess → Temporary Break in Between Two Session
      - Adjournment → Temporary But a Definite Break
      - Adjournment Sine-Di →Temporary But a Indefinite Break
    - 4 Normal Power : Right to Send Message and Address the House of the Parliament
      
      Can send messages to the Parliament
      
      When a Bill is Pending for a Long Period of Time in Parliament
      
      considering the respect for president
      
      Address the Parliament
      
      Optional to Address
      1. When calls for Bill Pending - Addressing the House is Optional
      Compulsory to Address
      - When a New Govt is Formed → Speech made by Govt via the Mouth of President
      - Routine First Session Every Year
        
        During First Session of Every Year which is generally the Budget Session
        
        This Address can be Either
        
        To Individual Houses
        
        To Join Sitting of Houses
        
        This Speech is the “Report Card of Govt : On Previous Year Achievements of Govt”
      - Motion of Thanks - IMP *
        
        Whenever a President Addresses House, a Motion of Thanks has to be Introduced in both Lok Sabha and Rajya Sabha Independently.
        
        No Matter that if President has Addressed the Single House or Joint Sitting, Motion of Thanks will be Presented in
        
        Lok Sabha - Generally by CoM and PM
        
        Rajya Sabha
        
        Distinctively (Alag Se)
        
        If Motion of Thanks is not passed in
        
        LS - It is considered that the govt has lost the majority in LS and is not enjoying majority and hence the Govt has to resign
        
        Because PM & CoM is accountable to the Lok Sabha
        
        RS - It is merely a Embarrassment to the Govt
    - 5 Normal Power : Powers of Nomination of the Member of the House
      
      Original Constitution, President can Nominate
      1. Lok Sabha - Done Away with 104th CAA, 2021
        
        2 Anglo Indians was done to ensure their adequate representation
        
        This was meant to be for next 10 Years
      2. Rajya Sabha - Still Exists
        
        12 Members in fields of Arts, Commerce, Sports & Social Science
    - 6 Normal Power : Laying of Report before the House of the Parliament
      1. CAG
      2. Union Finance Commission
      3. NCST / NCSC / NCBC
    - 7 Normal Power : Prior Sanctions for Introduction of Certain Legislations (3/110/117 @ New State/Money/Finance)
      
      Why to take Permission of President ?
      
      Due to Importance of Some Bills, constitutions wants certain types of bills to be introduced only if recommendation is given in first place
      
      Examples of Such Kind of Bills of President
      
      Example of Bills are :
      1. Art 3 : Bill of Creation of New States
      Importance of National Unity
      1. Art 110 : Introduction of Money Bills
      Importance of Finances
      1. Art 117: Introduction of Finances Bill
      Inferences
      1. To Prevent Unnecessary Publicity of Bill
      2. To Discourage Private Member from Entering the Bills
  - 3 Judicial Powers🚀
    
    Art 72 Pardoning Power
    - Why this power was given to the president
      1. Judiciary is not beyond errors, hence a way if judiciary goes wrong
      2. True Idea of Justice in not merely punishment but reform of individual as well
    Powers of President are :
    - Summary of Art 72
    - 1 Commute
      
      Lesser Punishment with change in character
      
      Ex : Capital → Life Imprisonment Ex : 14 Yrs of Jail → 10 Yrs of Jail
    - 2 Remit
      
      reduction in duration w/o change in character
      
      Ex : 5 Yrs of Imprisonment → 2 Yrs of Imprisonment
    - 3 Reprieve
      
      delay in execution of punishment
      
      Ex : generally in case of capital punishment
    - 4 Respite
      
      short period of rest or relief under special circumstances
      
      Ex : special circumstances
      1. person in jail → undergoes physical disability
      2. women in jail → is expecting a baby
    - 5 Pardon
      1. It is the Highest Form of Mercy Petition
      2. Meaning
        
        completely set free
        
        absolving all consequences of punishment
      3. Example - Azam Khan
        
        Under RPA, 1951 under sec 8(1)
        
        If the punishment is of ≥ 2 years → Leads to Immediate Disqualification from Seat
        
        Then after coming out of jail he cant contest election for 6 Years
    Cases in which President can Exercise these Powers :
    - 1 Court Martial
      
      Military Court → Can give no of punishments including capital punishment
    - 2 In all cases where the punishment is for an offence ; to which the executive power of the union extends
      1. Here one can only go to the president if and if the laws are made only by the parliament
      2. Here punishment on any law(other than capital death) made by state
    - 3 In all cases where punishment is sentence of death
      1. In laws of state legislature and parliament
    - President cannot be approached for mercy petition, on the punishment given based on the laws made by state legislature except for capital punishment
    Supreme Court Cases
    - Maru Ram v/s Union of India, 1980
      
      Pardoning Power of President is under judicial review on the ground of mala fide intention in a limited manner
      
      like relative of CoM being pardoned etc
    - Devinder Pal Singh Case, 2013
      
      Power to be exercised on the aid and advice of council of ministers
    - Mahinder Singh v/s State of Punjab, 2013
      
      There cannot be a Oral Hearing in front of President. It can be only on the basis of Written Petition
  - 4 Emergency Powers🚀
    
    Background
    1. Contained in Part 18(XVIII) of the Constitution
    2. from Art 352 to Art 360
    Circumstances under which Emergency can be Proclaimed
    
    Based on Art 74 : Aid & Advice of CoM
    - Art 352 : To Proclaim National Emergency
      - Grounds : War, External Aggression & Armed Rebellion
        
        War - Both Sides
        
        Armed Rebellion - Within Country Maoist Activity
        
        External Aggression - Unilateral Attack from one side on Territorial Integrity & Sovereignty of India
        
        Original Constitution
        
        War
        
        External Aggression
        
        Internal Disturbance - This was amended by 44th CAA
        
        They replaced the Word Internal Disturbance with Armed Rebellion
      - Scope : Can be for whole Country, Part of India
      - Instances of National Emergency in India (in Totality 3 Emergencies in India)
        
        Indian China War 1962 - External Aggression - Normal
        
        (1971-1977) → India Pakistan War 19 - External Aggression 1971 - Normal
        
        (1975-1977) → Indira Gandhi Emergency, 1975 - Internal Disturbance (25 June 1975) - Controversial Emergency
      - Cases and Story Around Third Emergency
        
        Case: Indira Nehru Gandhi v/s Raj Narayan Singh
        
        Background
        
        Raj Narayan fought against Indira Gandhi from the Same Constituency in 1975 Election
        
        RN lost. He later maintained that IG had misused resources of Govt of India for her election bias
        
        RN argued on Corrupt Practise Clause under RPA, 1951 → Saying that It was not a Free and Fair Election
        
        According to RPA, 1951 → in HC of that Constituency the case has to be filed of RP
        
        on 12th June 1975 Allahabad High Court, gave its decision → that IG was involved in Electoral Malpractice & Corrupt Practises for winning election
        
        Violation of RPA, 1951 - Found by Allahabad HC
        
        on Grounds of Corrupt Practise which is a ground for Disqualification,
        
        Appeal in the Supreme Court
        
        IG appealed in the SC
        
        on 24th June 1975 → SC Passed an Interim Order that → Until we decide the legitimacy of IG’s election → She can continue to be the PM but w/o the right to vote
        
        cuz the question was debate is that she is MP or Not
        
        This led to Protest → Delhi Chalo Andolan → IG was quarantined in her residence
        
        They were sending direction to govt servants to not follow orders of this govt
        
        Hence on Case of Internal Disturbance Emergency was put
        
        How FR of Protestors was curbed
        
        Art 359 was used to curb the FR of Individuals,
        
        How was the third Emergency of 1975 was Invoked, when the second emergency of 1971 made ?
        
        Here 1975 Emergency was brought in on grounds of Internal Disturbance
        
        It was politically wrong to put leaders in jail on grounds of war and aggression and suspension of FR wasn't justified on base of war and aggression
        
        On Grounds of External War and Aggression, curbing the Internal Unrest would not have been Commensurate
        
        So Third Emergency was put on grounds of Internal Disturbance, here FR could be curtailed here and all most all the opposing leaders were put in jail thus curtailing their FR
        
        39th CAA by IG
        
        Election of PM was Sub Judice in SC
        
        Crux : Pre VP PM Speaker, their action can only be challenged in front of an authority as may be appointed by an act of law
        
        IG said - Now SC cant hear her case
        
        SC Struck down 39th CAA
        
        SC Declared this 39th CAA as Un-Constitutional
        
        SC Struck it down by Means of “Violation of Basic Structure”
        
        on grounds of Separation of Power
        
        Free and Fair Election was added to the Basic Structure of Constitution
        
        Invoking of Art 396
        
        In Original C President can curb all Rights
        
        Under Art 74 - on Aid & Adv of PM - Suspended FR of Citizens
        
        ADM Jabalpur Case, 1976
        
        This case tested the Viability of Invoking of Art 396
        
        SC Maintained that President can revoke all FR of all Citizens even Rt to Life and Everything
        
        Dark Day of Democracy
        
        Was Considered a Negative Case
        
        SC Decision
        
        SC found IG Innocent
      - Concept of CoM
        
        In total there are 70 - 80 CoM
        
        Cabinet Ministers
        
        Core Ministers - Cabinet Minsters - 20/25
        
        Cabinet Minsters have Independent Portfolios
        
        Minister of State
        
        They may have or not have an Independent Portoflio
        
        They are in Line of Succession to be a Cabinet Minsters
        
        Deputy Ministers
        
        They don’t have a Independent Charge
      - Can be Implemented in
        
        Whole Country
        
        or a Part of India i.e State
      - Procedure for Proclamation of National Emergency
        
        President can declare the National Emergency only if he is satisfied that there is a IMMINENT Danger to the Security of India
        
        Satisfaction → on Aid and Advice of CoM
        
        Imminent → No On Going Danger Needed
        
        It is not a Discretionary Power of President
        
        Grounds on which Emergency can be Invoked
        
        War
        
        External Aggression
        
        Armed Rebellion
        
        Added by 44th CAA, 1978
        
        Earlier Word was : Internal Disturbance
        
        Once President Imposed National Emergency it is not final in itself
        
        Emergency can be Imposed Directly but
        
        But Both the House of Parliament has to give approval within 1 Month → then it can continue for another 6 month
        
        6 Months time from the date of Proclamation of Emergency
        
        It was initially for 2 months 44th CAA made it 1 months
        
        It was initially for Indefinite Period, 44th CAA made it compulsory for a Successive Approval
        
        Parliament has to give approval with Special Majority
        
        It was initially Simple Majority, 44th CAA made it for a Special Majority
        
        Similar to that of Majority required for Amendment in Constitution
        
        Then towards the End of 6 month, another special majority mandate by the lok sabha has to be taken
      - How to End an Emergency
        
        Proclamation may be revoked by president at any time on Aid and Adv of CoM
        
        Lok Sabha can pass a Resolution to that effect by Simple Majority (only in Lok Sabha)(Not in Rajya Sabha)
        
        This mandate of Lok Sabha has been made binding upon president
      - Changes by 44th CAA 1978
        
        Before - Aid and Advice of CoM - Orally
        
        Now - Aid and Advice of CoM - With a Written Communication of Cabinet Specifically for Art 352
        
        Each and Every Minister of Cabinet Rank has to give it in writing to President
        
        Even if one Cabinet Minister doesn't give in writing president cant impose emergency
      - Criticism of National Emergency
        
        Was Arbitrary on SOme View
        
        Was done by one person
      - Consequences of National Emergency
        
        It has four fold effect on the polity of India
        
        Goes Against Federal Structure of India - Centre Becomes More Powerful
        
        Effect on Legislative Relationship between Centre and State
        
        Introduction
        
        Federal Political Power Changes
        
        Federal Politics becomes Unitary in Characters
        
        From De Centralisation India goes to Centralisation of Power
        
        Changes are
        
        Parliament can legislate on any matter of State Lists
        
        Meaning the States Power aren’t taken away BUT
        
        Parliament will have over riding power
        
        Parliament will have a concurrent power
        
        Wherever National Emergency is Imposed, State Legislature is intact but it is under the central parliament
        
        Executive Relationship between Centre and State
        
        Union can give executive directions on any matters
        
        Normally
        
        CM & CoM - will carry the functions of state
        
        Final Responsibility is of CM & CoM
        
        Normally Union Cant Interfere in States Work
        
        Union and State Executive is divided
        
        Emergency
        
        CM & CoM - State Executives will continue to function
        
        Union Executives order now becomes binding on State Executive
        
        Basically State Executive become sub ordinate to Union Executive
        
        Note - On Above 2
        
        State Legislature & Executive is Intact, but they become subordinate to Union Legislature & Executive
        
        Financial Relationship between Centre and State - Re Listen from Lecture of 12 Nov
        
        Tax System Normally - Normal Finance Year 41%
        
        Normally
        
        Tax
        
        Major Source is Tax
        
        Spectrum of Collection o
        
        Non Tax
        
        Return from Investments
        
        Borrowings
        
        Collection of Fines
        
        Auctioning of Natural Resources
        
        Disinvestment from Public Sector
        
        Division of Tax
        
        Centre Collects - Rs 100
        
        Divisible Pool 50%
        
        to be Shared with States
        
        41% of this has to be shared with States
        
        It has to be shared with all States
        
        Non Divisible Pool 50%
        
        Exclusive to Centre
        
        State Collects - Rs 50
        
        Centre can keep it all
        
        Under Art 280 of Constitution - Independent Constitutional Body appointed by President called Finance Commission
        
        Centre can unilaterally alter States Share of Divisible Pool
        
        Fundamental Rights between Centre and State
        
        Precondition of Art 358 & Art 359
        
        Art 358
        
        Automatically comes into effect
        
        Automatically Suspends Art 19
        
        Only in case of - War & External Aggression
        
        Art 359
        
        Not Automatic
        
        Suspension of FR done through a Presidential Order
        
        Except Art 20 & 21
        
        Original Constitution could suspend all FR
        
        44th CAA made sure that Art 20 & Art 21
        
        President has to Specify which FR he is suspending
    - Art 356 : To Impose Presidents Rule / State Emergency
      - Difference between State and National Emergency
        
        | State Emergency | National Emergency | | --- | --- | | For a Particular State | For Country or a Part of Country | | Also Called Presidents Rule | Also Called National Emergency | | The CoM loose their Seats | The CoM Retain there position | | Leg Ass is dissolved | Leg Ass is Intact | | Power is with Parliament Can Give Power to President | Power is with the State, but the Centre can over rule it |
      - Examples / History of State Emergency in India
      - Rationale Behind this State Emergency
        
        At No Point of time Indian Constitution will and should not provide any scope for maintenance of an Illegitimate Government
        
        Ambedkar wanted This Article to be a Dead Letter in the Govt but it has been used and misused many no of time
      - Grounds : Failure of Constitutional Machinery in the State
        
        Constitutional Machinery - Not Defined in Constitution
        
        Generally Means they have failed out to perform function as mentioned in the constitution
        
        For Example :
        
        When State Govts Looses Majority in the State Legislature.
        
        and no other party can prove majority
        
        Recently in Maharashtra
        
        Hung Assembly - After Election no party is able to form Government
        
        They have majority but Govt is not able to maintain Law and Order in State.
        
        State Govt is doing something which is against constitution. For Ex Against Secular Nature of Indian Constitution
      - What can be considered a Constitutional Breakdown
        
        But this constitutional Breakdown has not been defined in the constitution
        
        this constitutional breakdown has been defined by various supreme court cases
        
        Hence Meaning of Constitutional Breakdown are
        
        Government Looses Majority
        
        Majority is preserved but the Law and Order of the State is disturbed and out of order
        
        If any state govt is carrying any activity which is anti-secular activity or politics
        
        These are just few Examples, the Interpretation of Constitutional Breakdown will be done by Supreme Court time to time
      - S R Bommai Case, 1994
        
        Background
        
        Its a Land Mark Judgement wrt Imposition of President Rule in India
        
        S R Bommai was a CM of Karnataka in 1989 from Janata Party
        
        He is father of current CM of Karnataka Basavaraj Bommai
        
        After he became CM, few MLA from his party and other party, went to Governor, to tell that Bommai has lost majority in the state
        
        Governor sent the letter to President to impose president rule
        
        Meanwhile, Bommai went to Governor, to ask for an opportunity to prove his majority
        
        Gov didn’t listen to him, President Imposed President Rule, Bommai reached Supreme Court
        
        Supreme Courts Decisions & Guidelines
        
        President Rule is Subject to Judicial Review
        
        For the First Time, SC said that Power of President for imposing State Emergency is under Judicial Review on grounds of mala fide Intention
        
        Opportunity to Prove Majority
        
        It should not be done on basis of Subjective Satisfaction of President
        
        But shall be done only on the Basis of Floor Test
        
        w/o the floor test, if presidents rule is imposed, it would be considered unconstitutional
        
        the floor test can only in the Legislative Assembly not in Raj Bhavan, or a bungalow, or a hotel
        
        2 Months time for Simple Majority from House
        
        Imposition of PR by Prez is not final, it has to be put it in front of the parliament, it has to be passed within 2 months by both the houses of parliament by simple majority
        
        Very Important Point
        
        Once the State Emergency is Imposed &&
        
        Unless the PR is passed by simple majority by both houses of the parliament within 2 Months
        
        the CoM & Leg Ass of State will be kept under Suspended Animation
        
        Suspended Animation → It will not actively perform active functions but it will not be dissolved as well
        
        Why Suspended Animation →
        
        State Govt - Rabri Devi CM of Bihar
        
        National Govt - Atal Bihari Vajpayee Govt suggested imposition of PR on grounds of Law & Order but Bihar Leg Ass was with Complete Majority
        
        Here PR was put to houses, LS gave approval, RS didn’t
        
        Hence, Now Bihar Govt was put back in action, Rabri Devi became CM
        
        If the Govt was dissolved, Election would have been the only option
        
        If the State Govt is not Happy with PR then the Burden of Proof Lies in the Hands of Central Government
        
        SC maintained that if the PR is not passed in Parliament they will be given a Full Remedy / Complete Justice i.e by restoring the earlier govt
        
        Presidents Rule Grounds
        
        Constitutional Breakdown
        
        Law & order
        
        Majority Lost
        
        Anti Secular Motives
        
        Not on grounds of Administrative Breakdowns
        
        Not a Welfare Orientation
        
        Lot of Corruption Charges
        
        Anti Secular Politics is Liable to Action under Art 356
      - Procedure to Impose State Emergency
        
        What Happens in a Normal Condition
        
        Normally on Aid and Advice of CM & CoM, Governor Works
        
        But this process only works until and unless the government is a legitimate and constitutional government
        
        If the Particular Government is dismissed, till the time the new government is elected by election
        
        In this meantime President is given the power to administer the state
        
        President Rule is Applied when the
        
        President is Satisfied that there is Constitutional Breakdown in the State
        
        President on Receipt of Report of Governor or Otherwise (Art 356)
        
        whenever he feels that there is a constitutional breakdown
        
        Normally Governor sends report on Constitutional Breakdown
        
        But It is not necessary for the President to wait for the report of governor
        
        It is not the Discretionary Power but on Aid & Advice of CoM
        
        Approved both Houses within 2 Months
        
        By Simple Majority
        
        Leg Ass of State will be until then put under Suspended Animation
        
        Once Approved the President Rule can extend upto duration of 6 Months
        
        Can be extended by 6 Months once approved for a Maximum of 3 Years. However Beyond one year it can be extended only when
        
        Before this 6 Month Ends, Another Simple Majority can extend the State Emergency to another 6 Months
        
        This can be done only for 6 times that is for a totality of 3 Months
        
        Imp Point : Upto 1 Year there is No Issue
        
        From 1 Year to 3 Years, it can be extended only under 2 conditions only
        
        There Should be National Emergency
        
        In Entire Country
        
        Or Any Part of Country where the State Exists
        
        && The Election Commission of India certifies that due to the National Emergency it is difficult to carry out Elections
        
        Note : Both Conditions have to be fulfilled
        
        Revoked by the President
        
        By AA of CoM President can revoke the President Rule
      - Consequences of State Emergency
        
        Important Point
        
        That Particular State looses Federal Relation with the Centre
        
        The Relationship between Centre and State will change only with that State and no other state is affected
        
        B R Ambedkar Supported this provision and wanted it to be a part of it
        
        Consequence 1 - Executive Relationship
        
        All Executive Authority is taken up by the President
        
        Consequences 2 - Legislative Relationship
        
        The Legislative Powers of the State shall be exercisable by or under the authority of the parliament or confer power upon the president
        
        CoM is bound to be Dismissed
        
        Legislative Assembly is put under Suspended Animation
    - Art 360 : To Proclaim Financial Emergency
      - Grounds : Threat to Financial Stability or Credit of India
        
        Conditions are
        
        High Fiscal Deficit
        
        Expenditure High Income Low
        
        Lack of Balance of Payment
        
        Inflation is High
        
        Unemployment is Very High
        
        Insufficient Foreign Exchange Reserves
        
        Reserve should be for the Minimum of 3 Months
      - Instances
        
        There has not yet been a Single Financial Emergency in India Yet
        
        Example of One Instance where it could have happened
        
        in 1990 Govt of India had only foreign reserve for only 15 days, after 15 days there would not have been a energy source
        
        Theres no Example as such yet
        
        There was consideration of Financial Emergency in 1990’s
        
        IMF Help was given on the Condition of Liberalisation
      - Declaration of Financial Emergency
        
        The President can declare the Financial Emergency if he is SATISFIED that
        
        Satisfied Means → Not Necessarily the Condition has occurred but if only the President is Satisfied
        
        the Financial Stability & Credit of India is threatened
        
        Declaration to be Approved within 2 Months by the House of Parliament
        
        Approval by Simple Majority
      - Consequences of Financial Emergency
        
        The Union Government may give direction the State to Observe Canons of Financial Propriety
        
        Centre generally doesn’t have a say so as to how the State can spend the Money
        
        But in Financial Emergency, Centre can direct the State on Financials
        
        Reduction in Salaries on all or any class of person serving in the State Governance
        
        Reservation of Money Bills or Financial Bills of the Consideration of the Presidents
        
        Centre can ask the President
        
        President may ask the Gov to Reserve all Bill
        
        Governor will have to Mandatorily Reserve the Bill
        
        Reduction in Salaries and Allowances of all classes of person serving in the Central Government including Judges of Supreme Court and High Court
    - Ambedkar's Comment on Emergency
      1. We cannot allow a unconstitutional govt
        
        I envisaged it to be the Dead Letter in Constitution
      2. Its been used as a Deadly Weapon now
  - 5 Financial Powers
    
    It is the Financial Nature of Executive and Emergency Powers of President
    
    The president can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency.
    
    All money bills passed by state legislatures are submitted to the president for approval.
Minor Functions - Extension of Executive Powers
- 6 Military Powers
  
  President is the Ex Officio Head of Military of all 3 Wings - Also called the “Supreme Commander”
- 7 Diplomatic Powers
  
  All Signatures are done in the Name of President
  1. International Treaty are Done
  2. Welcoming of International Guests
- Vice President
  - Introduction to Office of Vice President
    1. There shall be an Office of Vice President
    2. Ex Officio Chairman of Council of States → Someone holds an office by virtue of holding ant other office
    3. Rajya Sabha
      1. Chairman - not elected
      2. Deputy Chairman - elected
    4. Acts as President when Office of President is Vacant due to
      1. Due to Death
      2. Resignation
      3. Removal of President
      4. Otherwise
      Not in case
      
      e. NOT due to Expiry of End of term of Incumbent President
    5. Example 1
      1. VP B D Jatti - Became President
      2. Fakhruddin Ali Ahmed - Died as President in February 1977
  - Election of Vice President
    1. Indirectly Elected - Not a Significant Role
    2. Electoral College - Very Less
      
      Members of Both Houses of Parliament (Both Nominated and Elected Members of the House)
      
      Very Important Note : In case of VP → Both Elected & Nominated Members are included in Electoral College
  - Qualification for being the Vice President
    - 1 Citizen of India
      
      Can a Naturalised Citizen be a President of India ? Yes
      
      Indian Constitution doesn't differentiate between a Natural Born & Naturalised Citizen - Once a Citizen he is a Citizen
      
      But in USA, only Natural Born Citizens are allowed
    - 2 Age : Completed 35 Years of Age
    - 3 He should eligible to contest election to Rajya Sabha (Council of States)
      - 1 Citizen of India
      - 2 Not Less than 30 Years of Age
        
        Automatically allows for Presidents Age
      - 3 Oath / Affirmation in front of an Authorised Authority
        
        He has to file his Nomination Papers in front of Authorised Authority
        
        Authorised Authority - Decided by Election Commission
        
        He is generally a Returning Officer - Alternating
        
        For President → Secretary General of LS
        
        For Vice President → Secretary General of RS
      - 4 He/She should be an Eligible Voter
        
        He should himself be able to vote in Lok Sabha
      - 5 He/She should not hold any office of Profit
        
        0 Office of Profit is NOT defined in the constitution
        
        1 SC Decided the Definition
        
        2 Office of Profit - Before 2006
        
        Any Office executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or a remuneration or profit can be considered to be an office of profit
        
        3 Jaya Bacchan Case, 2006
        
        Jaya Bacchan was a MP in Rajya Sabha
        
        Only when they are elected as a MP, MP should not hold any office of Profit.
        
        Subsequent to being MP in RS, she was also appointed as Chairperson of Uttar Pradesh Film Development Corporation
        
        She was disqualified from being an MP of RS
        
        Jaya Bacchan said her Disqualification was wrong, but she said that she hadn't taken any salary from there.
        
        Hence, the Disqualification was Unconstitutional
        
        SC changed the definition of Office of Profit
        
        4 Office of Profit - After 2006
        
        Any Office Executive in nature, either under central govt, or state govt, or local authorities by a way of which an individual receives a salary or remuneration or profit is receivable in the first place
        
        can be considered to be an office of profit
        
        It is immaterial whether the individual actually receives the salary or not
      - Exceptions to Office of Profit
        
        Sitting President
        
        Sitting Vice President
        
        Sitting Governor
        
        Ministers (Union/State)
    - Term of Office of Vice President
      1. 5 Years of Tenure
      2. Resignation Given to the President
      3. Removed by Resolution passed by Effective Majority - Rajya Sabha Simple Majority - Lok Sabha (Simple Majority Art 100)
      4. For VP it can be introduced only in the Rajya Sabha
    - Note for Death of Vice President
      
      Vacancy to Office of Vice President to be filled as soon as possible
      
      ECI should conduct election as soon as possible
    - Vacancy to Office of VP - Same as President
    - Oath to be Administered by President
    - Election of Vice President can be challenged in Court of Law
      - Original & Exclusive Jurisdiction of Supreme Court
    - Prior Acts of VP will not be Invalidated
    - Election of VP cannot be invalidated merely on vacancy of electoral collage
- Powers & Functions of Vice President
  1. His only function is to be the Ex Officio Chairman of Rajya Sabha
  2. To be the President when President Dies in Office
- Governor
  - 1. Head of State Executive. He is the Constitutional head of the State
  - 1. He works on Aid and Advice of CoM
    2. President is Nominal Head of States
      
      Governor is Nominal Executive of States
    3. President Nominal by Art 74
      
      Governor Nominal by Art 163
    4. Except for his Discretionary Power he has to act on the A7A of CoM
    5. He has more Constitutional Discretionary Power than the President
  - 1. He has a Dual Role
    2. Executive Head of State
    3. Representative of Center
      
      SC directed to Not use the words Agent of Centre
  - 1. He is Appointed by the President
  - 1. His Term is of Five years (Occupies Office during Pleasure of the President)
    - Meaning
      
      Pleasure of President means on the Wish of President
    - B P Singhal Case, 2010
      - Questions he Asked ?
        
        He Challenged in Court of Law the Meaning of Pleasure of President
        
        Can the Governor be Removed at any point of time by the President ?
        
        Is there any remedy to the Governor ?
      - SC Said
        
        Yes the Governor Holds office only and only during the Pleasure of the President
        
        Meaning Governor can be removed at any point of time
        
        Although, the Pleasure of President is Mandatory, it does not mean the Governor can be removed Arbitrarily or by a Mala Fide Intention
        
        Such Removal is Subject to Judicial Review
        
        Examples Arbitrary Actions
        
        President cant Remove if →
        
        Governor is NOT directing States for formulation of Policies according to Ideology of Centre
        
        If Gov is Removed if Centres Whims and Wishes aren’t followed
    - Security of Term of Governor
      1. Security of Term of President is needed for a Neutral & Better Functioning of President
      2. Governors Can only Handle the Pressure when there is a Security of their Term
    - Cases of Gubernatorial Tensions
      
      It is generally seen at places where the state govt is a local regional party or a party whose ideology doesn’t match with the centre
      
      For Example
      
      Kerala, West Bengal, Karnataka ETC
    - Commissions on Centre State Relations
      1. Sarkaria Commission, 1983
        
        It was established to Study the Centre State Relationship
        
        Recommended About Security of Tenure
        
        Governor to be Informed Reasons or Grounds of his removal IN WRITING
      2. Punchi Commission, 2007
        
        It was established to Study the Centre State Relationship
        
        Recommended a Fixed Tenure of 5 Years
        
        Removal of Governor by Impeachment
  - 1. Conditions of Office of Governor
    - 1. Should not be an MP of Member of State Legislature
      A Member can be appointed but as soon as he becomes Governor he shall cease to
    - 1. Should not hold any Office of Profit
      According to Jaya Bacchan Case
    - 1. Salaries and Allowances shall be determined by an Act of Parliament
    - 1. Same Person can be appointed Governor for Two or More States
      He will get a Salary of One State but he will get some extra allowances
      
      this will be decided by President
    - 1. He is Administered Oath by Chief Justice of High Court or the Next Senior Most Judge of State
- Powers & Functions of Governor
  - 1. Governors doesn't exercise these powers
    2. No Diplomatic Powers
    3. No Military Powers
    4. No Emergency Powers
  - 1. Governors has Similar Powers to that of President
    Executive, Legislative, Ordinance & Pardoning Powers are synonymous with president with certain exception
  - Comparison between President & Governor wrt Executive & Legislative Powers
    
    | Theme | President | Governor | | --- | --- | --- | | Discretionary Powers | Less | More | | A&A of CoM | Art 74 | Art 163 | | Place in Government | Centre | State | | Administrative / Executive Power | All Executive Actions are taken in the name of the President | All Executive Actions are taken in the name of the Governor | | | Art 77 President Makes Rules for more Convenient Transaction of Business Rules and allocation among the ministries | Art 166 Governor Makes Rules for more Convenient Transactions of Business and allocation among the ministries Based on Aid & Advice of CoM | | | Appointment & Removal of Various Constitutional Functionaries
    1. CAG
    2. Election Commissioner | 1. Advocate General
    3. District Judges
    4. State Election Commission Appointed d by Governor removed by president only
    5. State Finance Comm | | | Power to Appoint Commissions to Investigate Conditions of SC ST OBC | State Level Commissions of SC ST OBC by Governor | | Discretionary Powers | Art 78 : Right to be Informed of the Affairs of the State | Art 167: Governor can call upon CoM to apprise him of State Affairs | | Other Power | Art 239 : Administers Union Territory Directly | NA for Governor | | Legislative Powers | President Is an Integral Part of Parliament | Governor is an Integral Part of State Legislature
    Case 1 Govt = Gov + Leg Ass + Leg Council
    
    Case 2 Govt = Gov+Leg Ass
    
    Why is he a Part? cuz without his assent bill cannot become act | | | No Bill can become an act without his assent | No Bill can become an act without his assent | | | Summoning Powers | Summoning Powers | | | Right to Send Messages and Address the House of the Parliament | Right to Send Messages and Address the House of the Parliament | | | Powers of Nomination of the Member of the House
    
    LS - No RS - Yes → 12 Mem from Arts, Science, Social Service, Literature | Powers of Nomination of the Member of the House
    
    LA - Originally 1 Member from Anglo Indian Now Removed by 104th CAA
    
    LC -Arts, Science, Social Service, Literature && Co-Operatives | | | Laying of Report before the House of the Parliament
    
    Reports of CAG NCSC NSCST Union Finance Commission | Laying of Report before the House of the Parliament State
    
    SCSC SCST State PSC State Finance Commission | | | Prior Sanctions for Introduction of Certain Legislations
    
    Art 3 - Creation of New States Art 110 - Money Bill | Prior Sanctions for Introduction of Certain Legislations
    
    Art 110 - Money Bill Art 117 - Finance Bills | | Veto Power | Art 111 Veto Powers | Art 200 Veto Powers
    
    Extra Option to Governor
    
    Can Reserve bill for Consideration of President | | Ordinance Making Power | Art 123 Concurrent with Law Making Power of Parliament
    
    Case Laws Same | Art 213 Concurrent with Law Making Power of State Legislature
    
    Case Laws Same | | Emergency Powers | Has been Stated Below in Emergency Powers | No Powers to Governor in terms of Emergency Power |
  - Comparison between President & Governor wrt Pardoning Powers
    
    Executive Power of Centre Extends Means - The Law is Made by Parliament
    
    Executive Power of State Extends Means - The Law is Made by State Legislature
    
    | Theme | President | Governor | | --- | --- | --- | | Power by | Art 72 | Art 161 | | Idea Behind Pardoning Power | Same | Same | | Powers are | Pardon Commute Remit Reprieve Respite | Pardon Commute Remit Reprieve Respite | | Pardoning Power Jurisdiction | 1. Court Martial
    1. Executive Power of Union Extends → 2.1 Where Law is made by Parliament (Union List)
    2. In Case of Capital Punishment (Does Not Matter if Executive Power of Union Extends or Not, Capital Punishment is an exception for Pardoning to President)
    In Case of the Punishment Given on violation of above Laws, Pardoning Plea can be applied | 1. No Power wrt Court Martial
    1. Executive Power of State Extends →
```
2.1 Where Law is Made by State Legislature (State List)

2.2 Where Law is made by Parliament && State Implements it (Concurrent List)
```
    2.3 Where Law is made by Parliament but centre asks the state to Implement it (Union List)
    1. In Case of Capital Punishment (Provided Executive Power of State Extends) OR (by Law Made by State Legislature)
    In Case of the Punishment Given on violation of above Laws, Pardoning Plea can be applied | | To Note | Aid & Advice of CoM | Aid & Advice of CoM | | To Note | Subject to Judicial Review | Subject to Judicial Review | | To Note | No Rights for Oral Hearing | No Rights for Oral Hearing |
    
    Special Case of Capital Punishment
    1. Capital Punishment is given by Law Made by State
      1. Can Apply for Pardoning Power to Governor
      2. Can Apply for Pardoning Power to President
      3. Both Independently
    2. Capital Punishment is given by Law Made by Parliament
      1. Can Apply for Pardoning Power to President Only
    Hence Governor has no Power in Pardoning in Cases of
    1. No Power wrt Court Martial
    2. No Power wrt cases where Executive Power of Union Extends
  - Comparison between President & Governor wrt Discretionary Power
    
    | Theme | President | Governor | | --- | --- | --- | | Constitutional Discretion | Less | More | | Situational Discretion | Both Exercise | Both Exercise | | Situational Discretion | Art 74 A&A of CoM | Art 163 A&A of CoM except in those areas where he can act in his discretion | | | There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advises | There shall be a CoM to A&A Gov to exercise his function except in so far as matter he is required to exercise his function in his discretion
    
    except in so far as matter he is required to exercise his function in his discretion - Explicit Recognition of his her constitutional Discretion |
  - Examples Where, Governor uses his Extra Discretionary Power
    - Art 200
      
      Reserving Bills for Consideration of President
    - Art 356
      
      Imposing President Rule i.e Sending report to Presidents
    - Art 167
      
      Can Summon Ministers and ask them
    - Art 200
      
      Reserving the Bill to be sent to the President
  - Due to this Discretion Power, There is a Issue as well
    
    State Govt Becomes Helpless
    
    There’s always a Lacuna on the question that Art 163 doesn’t define exact places where governor can exercise his discretion
    
    SC has said many time that governors discretion should only in the places where constitution has defined the Discretion clearly
    
    Despite this, even if the Gov doesnt act according to A&S of CoM then State Govt becomes helpless. It has no power to remove the Gov whatsoever, unlike the president who can be impeached by the parliament, at least there's a procedure
    
    Here the Governor is appointed and removed only by the President on A&A of CoM of Centre
    
    Way Forward
    1. Hence Recommendation of Sarkaria and Punchi Commission is a must to be Implemented
    2. Also, the Office of Governor should be Given a Specific Time Of Office
    3. CM of the State should be consulted before appointing the Gov
- Difference Between Parliamentary and Presidential Parliament
  
  | Parliamentary System | Presidential System | | --- | --- | | Political Party with the Majority forms the Govt Eg : PM is Leader of Majority Party | President Directly / Indirectly elected by the People | | Executive Part of the Legislature | Executives are not Part of Legislature | | Executives Require Support of Legislature for Survival | Executives don't require any support | | Lower House can be dissolved before expiry of the term | House cant be Dissolved | | Less Stable | More Stable | | More Accountable | Less Accountable | | Dual Executive Head of State - President Head of Govt - PM | Real Executive Head of State & Govt - President | | No Complete Separation of Power Especially b/w Legislature & Executive | There is a Complete Separation of Power |
- Difference Between Indian and British Parliament
  
  | Indian Parliamentary System | British Parliamentary System | | --- | --- | | Republic - Head of State Elected | Constitutional Monarchy - from Royal Family by Hereditary Succession | | Supremacy of Constitution | Parliamentary Sovereignty | | Any Person can be appointed as minister (Max 6 Months) Ex: Mamta & Uddhav | Only MP can be appointed as Minister | | PM can be from any House Ex: Manmohan | PM should be from only Lower House | | No Tradition of Shadow Cabinet | Tradition/Convention of Shadow Cabinet |
  
  PS : The Shadow Cabinet is the team of senior spokespeople chosen by the Leader of the Opposition to mirror the Cabinet in Government
- Real Executive - PM & CM
  - Summary
  | Theme | PM | CM | | --- | --- | --- | | Parliament / State Leg | 1. When Session is Summoned 2. When Session is Prorogued 3. When the Session is Dissolved 4. Set the Agenda | Performed by CM as well | | CoM & Govt | 1. PM Advice President 2. Co-Ordination 3. Head of Cabinet Committees 4. Chief Spokesperson of Govt | Performed by CM as well | | President / Governor | 1. Art 78 - What is Happening in State 2. Advice for CAG, Fin Com, NCST, NCSC | Performed by CM as well
  
  No CAG at State Level, Others are same | | Holds Office | on Pleasure of President | on Pleasure of Governor |
- Real Executive - CoM - Union & State
  
  | Theme | Union CoM | State CoM | | --- | --- | --- | | Real Executive | Art 74 - Aid & Advice to President | Art 163 - Aid & Advice to the Governor | | Appointment | PM appointed by President
  
  Other Ministers by President on Advice of Prime Minister | CM appointed by Gov
  
  Other Ministers by Gov on Advice of Chief Minister | | Size of CoM Reason for Amendment: Later there were more Coalition Govt, Everyone wanted their say as a ministers post | Size of CoM /> 15% of House of People
  
  Added by 91st CAA, 2003 | Size of CoM /> 15% of State Legislature
  
  Added by 91st CAA, 2003
  
  Special Note: in Case 15% < 12 Members - Then they can have 12 CoM
  
  Example: AP is a State Leg of 60 Seats. There 15% is 9 Members
  
  They can have 12 members | | Pleasure Of | Holds Office during the Pleasure of President | Holds Office during the Pleasure of Governor
  
  Pleasure : Unless they lose Majority | | Administered Oath by | President | Governor | | Salaries by | Parliament | State Legislature | | Collectively Responsible to | House of People | State Legislature | | Important Decision by Cabinet - Means Most Important Ministers | Cabinet Ministers are called upon depending on Functions | Cabinet | | Headed by | PM
  
  Unless PM is absent or he asks someone else to head the cabinet meeting | CM |
- Attorney General & Advocate General
  - Appointment
    1. Choice is of Govt
    2. Should be Qualified to a Judge of SC
    3. Salary Decided by President
  - Functions needed to Perform
    1. He has to defend govt of India in Court of Law
      
      Example
      1. He Defended India in the Rafael Deal
      2. He Defended India in the Aadhaar Act
        
        It was introduced as a money bill
    2. He gives Legal Opinions wrt Variou Cases to the Government
    3. Any Other Functions as may be directed by the President
    4. in Art 143, Presidential Reference to SC by President, AG makes clear of the case to the SC
  - Immunities of Attorney General
    1. Can be called upon to Defend Govt in Parliament
      
      Opposition said Govt & Ministers don’t know, call AG, Govt didn’t accept
      
      He can talk and debate but he will not use the Rt to Vote
      
      Here he will Exercise all privileges and immunities as that of Member of Parliament except the right to vote
    2. He has the Right to be an Audience in any court within territory of India
    3. He Also has the Right to Private Practise but he should not hold against a Brief against the Govt
    4. He May also appear against the Govt, but with Prior Permission of Govt
    5. SC Maintained that the relation between AG and Govt is NOT that of a Employer and Employee but that of a Council and a Subject
  - Tenure
    
    Normally Term is 3 Years. They can be removed at any point of time on the pleasure of president
  - Points of Attorney General and Advocate General are same but with some minute changes of area
Legislature - Union & State Legislature
- Schema of Legislature
- Structure of the Parliament
  1. Parliament = President + Lok Sabha + Rajya Sabha
  2. President is not a member of parliament but he is a Integral Part of Parliament
  3. Bicameralism Nature of State
    1. Council of States - Upper Houses - Will of States
    2. House of People - Lower Houses - Will of People
- Council of States (Rajya Sabha)
  - Why has it been made mandatory in the constitution ?
    1. To Protect the Interests of the States
    2. Strengthens the Federal Structure of Constitution
  - Special Powers of RS
    1. Art 312 - Creation of New All India Services - 3
    2. Art 249 - under some special circumstances the RS can authorise the LS to make laws on state list
  - Maximum Strength
    1. Elected → Not More than 238 from
      1. States →
        
        All States Have Representation in RS
      2. UT →
        
        Except for UT of PC, NCT of Delhi, J&K
      3. Details of Which are Present in the Schedule 4 of the Constitution
        
        Past and Future Amendments will be done on the premise of their populations
    2. Nominated → 12 from Areas of Literature, Art, Social Service, Science and Literature
      
      Examples : Sachin & PT Usha, Ellai Raja
  - Indirect Election of RS
    1. Electoral College - Elected Members of Legislative Assemblies
    2. Proportional Representation by means of Single Transferable Vote
      
      Proportional Representation
      1. Concept
        
        UP - 403 Seats
        
        BJP - 250
        
        SP - 100
        
        Others - 53
      2. Vacancy is RS happens after every second year, Hence Elections of 1/3 seats will be done every 2 Years
    3. The Maths of Election is
      1. Total No of Rajya Sabha Seats is decided in the Schedule 4 of the Constitution, for UP it is - 31
      2. Total No of Seats in the State Legislative Assembly of UP is 403
      3. Hence, (403/10+1)+1 → “38 Single First Preference Votes” are needed for a member to be elected to the Rajya Sabha
      4. BJP has 250 Seats in State Leg Ass, Hence BJP can send 250/38 → 6.54 → 6 Members by means of “38 Single First Preference Votes”
- House of People (Lok Sabha)
  - Earlier
    
    Earlier It was 552 Members Maximum = 550 Elected + 2 Nominated
    
    Art 331 - Representation of Anglo Indian Community
    
    2 Members to be Nominated from Anglo Indian Community
    
    Now, 104th CAA Ended 2 Nominated Members
    
    Now It is of no use as, it has been repealed
  - Presently, Maximum Seats is 550 = 550 Elected (Sub to Art 331)
    1. 530 States - Elected Directly
    2. 20 UT - Elected Directly
    3. Current Total No of Seats - 543
    4. Hence India Needs to be divided into 543 Constituencies
  - Direct Election (UAF - Art 325 & Art 326 )
    1. By Art 326 - Adult Suffrage
      1. Earlier 21 Years
      2. By 61 CAA
      3. Now 18 Years
    2. By Art 325 - Universal
      1. Gives Equality Between the Adults
- Territorial Constituency / Single Member Constituencies
  - FPPS - First Past the Post System
    
    There is no Threshold of votes as such
    
    He has to get Maximum No of Votes as compared to others, even if its just one
  - Seats are allocated in Proportion to the Population
    1. States with More Population will have more seats
    2. States with Less Population will have seats
- Delimitation Commission
  - Who Undertakes this Creation of Constituency and allocation of Seats
    1. Concept
      
      Constitution Empowers the Parliament
      
      Parliament Makes the Law to Create a Authority
      
      this Authority has to take care of dividing India into number of constituencies
    2. Parliament Passed the Delimitation Act, 1952
    3. Delimitation Act Created Delimitation Commission
    4. Delimitation Commission has to create these constituencies based on the Representation by Population
    5. This Commission gets to know the Population by Means of Census of 1971 & 2001
  - Structure of Delimitation Commission
    1. Retired Judge of Supreme Court - Chairperson
    2. CEC / EC - Chief Election Commissioner
    3. SEC - State Election Commissioner
  - Functions of Delimitation Commission
    1. They have to decide the Number of Seats of Every State and UT by the Principle of RBP (Representation by Population
      - Here Census used is - For Inter State Parity - 1971 Census
        
        “Latest Census” was amended by 42nd CAA 1976
        
        Latest Census was freezed to 1971 Census
        
        This was amended by 84th CAA, 2001
        
        Now 1971 Census was fixed until first Census after 2021 (probably 2031)
    2. They have to Delimit the Constituencies = They have to draw the Boundaries of Constituencies
      
      For Ex : LS Seats for UP is 80 Seats
      - Here Census used is - For Intra State Parity - 2001 Census
        
        By Means of Delimitation Act of 2002
        
        2001 Census - used to Demarcate Boundary
    3. They have to Reserve Seats for SC & ST
      
      Here Seats will be reserved on the basis of Population
      - Here Census used is - For Intra Parity State - 2001 Census
        
        By Means of Delimitation Act of 2002
        
        2001 Census - used to allot seats to SC ST
- Seats of RS, LS & SL are mentioned In
  1. Seats of RS - In Constitution
  2. Seats of LS & State Legislatures is in - In RPA, 1950
- Tenure of Houses
  - Lok Sabha
    1. 5 Years Normally
    2. Reduced
      1. Lost Majority
      2. They have majority they ask the President to dissolve the Lok Sabha
    3. Term Extended -
      1. National Emergency under Art 352
      2. Third Emergency 1971 until 1977 due to Emergency
  - Rajya Sabha
    1. It’s a Permanent House
    2. Every Second Year 1/3 of the Members Retire
    3. Started in 1952
    4. First Batch Retired in 1954 - 1/3 Members
    5. Second Batch in 1956 - 2/3 Members Retired
- Sessions of Parliament
- What Happens to Bills
  - Summary
  - The Rule
    
    🧠 Rule : Any Bill Related to Lok Sabha, On Dissolution of Lok Sabha, It will Lapse
    With Exception of : If Before LS is Dissolved & President is Involved
  - Case 1 - Bill Lapse Subject to Few Exceptions
    1. in 17th LS, A Bill has underwent 3 Stages
    2. Bill Progressed → 2 Stages Pending
    3. 17th LS Dissolved, 18th LS Started
    4. Hence the Bill Lapses
  - Case 2
    1. RS may accept with change - RS will send back to LS - Bill Lapses
    2. RS accepts without any change - Sent to President - Bill Does Not Lapse
  - Bill Related to Lok Sabha It Will Lapse
    1. Yes
      1. It Will Lapse
        
        Exception - Before the Lok Sabha is Involved - Bill will NOT Lapse
    2. No
      1. It will not Lapse
  - Cases
    
    Pending = Under Consideration
    
    Bill Will Lapse
    - All Bills Pending in the Lok Sabha
      1. Intro in LS → Pending in LS → It will Lapse
      2. Intro in RS → RS Pass → Pending in LS → It will Lapse
    - All Bills pending in Rajya Sabha passed by Lok Sabha
      1. Intro is LS → Passed by LS → Pending in RS
        
        RS Passed it → Bill becomes an act
        
        RS Send it back for Reconsideration & Changes and Accepted to LS
        
        RS Rejected the Bill
        
        In all these 3 Cases the Bill Will Lapse
    Bill Will Not Lapse
    - Bill Pending in RS → Not Passed by LS
      
      Intro in RS → Pending in RS → Bill will NOT Lapse
    - Bills Pending for President Assent
      1. Bill Intro → Pass by RS → Pass by LS → Prez Generally used Absolute Veto Art 111 → Bill will NOT Lapse
    - Bill Sent for Re Consideration by the President
      1. Bill Intro → Pass by RS → Pass by LS → President Sent for Reconsideration → Bill will NOT Lapse
    - When LS and RS reach a Deadlock → On Art 74 → under Art 108 Prez can call a Joint Sitting → If Prez has called for Joint Sitting → Bill will Not Lapse
- Qualification to the Members of Parliament for both of LS & RS
  - By Grounds Mentioned in Constitution
    1. They Should be a Citizen of India
    2. They have to take an Oath / Affirmation before an authorised authority means
      
      Authorised Authority → As Appointed by Election Commission Of India → Generally Called the Returning Officer
    3. Not Less than
      1. Lok Sabha - 25 Years of Age
      2. Rajya Sabha - 30 Years of Age
  - By Other Qualification as mentioned by Law
    
    Representation of People Act, 1950, Provides for Certain Qualifications like
    1. He Himself should be an elector from any constituency in India
    2. Members of Reserved Category to Contest Reserved Constituency (of SC/ST) → he himself should belong to a particular community
  - Difference in Qualification of LS & RS
    1. Age
    2. There is no Reserved Seats in Rajya Sabha
- Disqualification to the Members of Parliament for both of LS & RS
  - Grounds Mentioned in Constitution
    1. If it is found that who is elected but is found that he was not a Citizen of India, leads to disqualification
    2. If he Voluntarily Gives up the Citizenship after becoming a Member of Parliament
    3. Undischarged Insolvent
      
      Somebody who has taken credit from Banks or from any financial institution and he is not paying the debt despite many notices to him by the Bank by Means of Insolvency Code
      
      He is considered to be a Disqualified Person
    4. Holds Office of Profit
      1. Parliament (Prevention) of Disqualification Act, 1959
      2. By Protection under this Law, Certain Offices are mentioned under this particular Law will not be considered as office of profit
    5. If somebody turns out to be a Unsound Mind
  - By Laws Made by Parliament
    1. By RPA, 1950 → there are no of grounds as of now, there’s only one ground
      
      If somebody is convicted under any offence, under any law for 2 or more years
      
      He will be considered Disqualified
    2. Found Guilty of Election Offences
      
      Example : Raj Narayan Case
    3. Here the Disqualification is Automatic
  - Disqualification By
    
    Disqualifying Authority is President of India on the Aid & Advice of Election Commissioner which is binding on the President
- Anti Defection Law by 52nd CAA, 1985 (Tenth Schedule) - Special Case of Anti Defection Law
  - Introduction
    
    It was not a part of Original Constitution
    
    In Anti Defection Law, Disqualification is done by Presiding Officer himself, He Conducts an Independent Enquiry.
    
    He does not act on aid and advice of EC by a Quasi Judicial Process
    
    Here President has no say in the process
  - What is the Constitutional Position of Anti Defection Law ?
    
    Added by 52nd CAA, 1985 to the Tenth Schedule
  - Background of Anti Defection Law
    - Why was there no Defection Law in the Original Constitution
      
      In the original constitution there was no need for defection law
      1. Congress was only Party
      2. Conscience of people was high
    - What is the Meaning of Defection ?
      
      If a member having a ticket from one party to another party, after getting elected from the previous party
    - Why was a Rise in Defection Seen ?
      1. Coalition Govt
      2. Political Instability
      3. Aayaram Gayaram Episode
    - Why was Anti Defection Law Brought in
      1. To Prevent Political Instability
      2. To Prevent Political and Economic Gains of Defectors
      3. To Prevent Subversion of Entire Democratic Process
      4. To Respect the Sentiments and Emotions of Peoples Mandate
  - What is Anti Defection Law ?
    - What do you mean by Defection ?
      
      In general MP and MLA elected from a Particular Party ticket moving to another party OR engaging in anti party activities may be considered defection
    - What amounts to Defection ?
      - Voluntarily giving up membership of political party
        
        Resigned from the Party
        
        He has not resigned in a party but is engaging in activities against the party
        
        Example : BSP Member Not Resigned, Sitting in SP
      - If we abstain from voting or vote, contrary to party directions
        
        Party Whip - Senior Member of Party
        
        Anybody Doing Contrary to the Party Will
        
        Exception
        
        Taken Permission from Party Before Hand
        
        Apologised to the Party within 15 Days
      - If any independent member joins any political party
        
        Independent Member - निर्दलीय
        
        He can support the Govt or he can help in formation of Govt but without taking membership of the party
      - If any nominate member joins any political party after expiry of six months
        
        As of Now, RS 12 Members
        
        For Ex: At time of Nomination, Sachin Tendulkar was not a member of any party, ab within six months if he wants to join the party he can, but within 6 months
    - Example of Process
      1. Belonging to Congress
      2. Mp of 2 Years
      3. Goes to BJP
      4. Presiding Officer Disqualified Him
      5. He cannot be a member of Parliament
      6. Unless and Until he is Re Elected Again
  - Exception to Anti Defection Law
    1. If there is 1/3rd Split in the Membership of the Party
      
      Case 1
      
      Party - 60 Members
      
      1/3 - Move Out - 20
      
      2/3 Remain - 40 Members
      
      This is called as a Faction or Ideological Differences
      
      Case 2
      
      This was amended by 91st CAA
      
      Brought in 2/3rd Merger
      
      A Minimum of 40 Members have to split and get merged with another party
  - What are the Case Laws Related to ADL ?
    
    Kihoto Hollohan Case, 1992
    - Argument 1
      1. It Challenged the Constitutionality of ADL
      2. It argued that ADL violates Art 105 in Centre and Art 194 and takes away parliamentary privileges of the MP
      3. It violates Freedom of Speech in voting in Parliament to which they are immune to
      4. SC Said, that there is grave conflict but Stability of govt is more important over the Freedom of Speech
      5. Hence, its constitutionality was upheld
    - Argument 2
      1. 52nd CAA, 1985 said that decision of presiding officer to be final and binding
      2. SC maintained that the law in entirety was constitutional but the part of presiding officers decision being final and binding is unconstitutional
      3. Hence this was changed by SC
      4. now a member can appeal to higher courts
  - What are the Pros and Cons of ADL ?
    
    Advantages of Anti-Defection Law are
    1. Ensures stability of government
    2. Ensures Party Discipline and Decisions on Party Direction
    Disadvantages of Anti-Defection law
    1. One of the Reason that why quality of debate in parliament has reduced is because the mentality of MP has become
      
      No Matter what he debates, he has to anyhow vote on the party lines
    2. Not Truly Representative : MP Depicts the Will of Party and Not will of People
    3. Mis Use of Discretionary Powers by the Presiding Officer
      
      Speaker i.e Presiding Officer is from the Ruling Party
      
      There is not a Fixed timeline for the Presiding Officer to Act, SC Recommended the Presiding Officer to act within 3 Months
      
      The Speaker can not take Suo Moto Cognisance
      - Example TRS & TDP In Telangana
  - What are the Suggestions to improve upon ADL ?
    1. Strictly Restrict ADL to No Confidence Motion
      
      Example : UK, Parliament System
      
      Law Commission of Indian in its 170th Report also recommended this
    2. Power to be Exercise by independent officers like President and Governors on the Recommendation of ECI
      
      Suggestion by Dinesh Goswami Committee & M Venkatachaliah Commission (NCRWC, 2002)
      
      NCRWC - National Commission to Review Working of Constitution
    3. Appoint a Politically Neutral Person as Speaker
      
      Ex : Convention is followed in UK
      
      Once a Person is elected he gives up the membership of Party
    4. SC Recommended Creation of Separate Tribunal to deal cases with ADL
- Speaker of Lok Sabha
  - Presiding Officers of
    
    Lok Sabha - Speaker
    
    Rajya Sabha - Vice President
  - The Process of Election of Speaker
    
    Election
    
    Prove Majority
    
    PM Appointed by President
    
    CoM Appointed by Prez on A&A of PM
    
    Prez Appoints Speaker Pro Term
    
    Speaker Pro Term Administers the Oath to Newly Elected Members
    
    Speaker Pro Term will conduct elections for a Speaker on the Date Decided by President
  - Qualification
    
    Only Qualification to Contest Elections is that he or she should be a member of Lok Sabha
    
    To be elected as Speaker, a simple majority is needed
    
    Office of Speaker Pro Term ceases to exist after Speaker is elected
  - Pro Term Speaker
    
    Speaker Pro Term is generally a person who has been elected to the House Maximum No of times generally
  - Tenure
    
    The Current Speaker of 17th LS will continue to be the Speaker until 18th LS, until Pro Term Speaker of 18th LS
  - Removal
    
    He can be removed as speaker by means of effective majority
  - Resignation
    
    Speaker can give his resignation to Deputy Speaker
  - Disqualification
    
    All Criteria of MP for Disqualification
    - Exception
      
      A Speaker cannot be disqualified from the post of speaker for resigning from the Party
  - Powers & Function of the Speaker
    1. Maintain the Order and Decorum in the House
    2. Presiding Officer has the power to carry out the proceedings only if there is Quorum of the House
      
      Quorum - Minimum Strength Needed to carry the Proceedings of House
      
      Quorum of Lok Sabha -1/10 of the Total Membership
    3. He is the Final Authority to Interpret rules within the House
    4. He has the Power to Preside over Joint Sitting
      
      President has the Power to call for Joint Sitting under Art 108 on A&A of CoM
      
      In Joint Sitting if it is passed with Simple Majority, then it is deemed to be passed by both houses of Parliament
      
      Convened by President, Presided by Speaker
      
      If Speaker not There, Deputy Speaker of LS, Dy Chairman of RS
      
      Chairman RS cannot
    5. He has the Power to Certify a Bill as a Money Bill under Art 110
    6. He has the Powers to Disqualify on the grounds of Defection
    7. Voting Power of Speakers
      
      To Break a Tie he can use or exercise his casting vote
    8. He Appoints Chairman to Various Committees.
    9. He himself is the Chairman of
      1. Rules Committee
      2. Business Advisory
      3. General Purpose Committee
  - Independence and Impartiality of the Speaker
    - How his position can be misused
      1. Important because of Anti Defection Power
      2. Misuse in case of certifying a bill as a Money Bill
        
        In Money Bill RS deprived of its power and LS will have all the Power
      3. Misuse of Power to not give opposition member be spoken
    - Provisions for Speaker
      1. Security of Tenure
      2. Salary & Allowance charged from CFI (Consolidated of Fund of India)
        
        CFI - Consolidated Found of India
        
        Charged on CFI - Parliament can’t
        
        Made from CFI
      3. Not to be Questioned in court of Law Regarding proceedings of house
      4. Presiding Officer can vote in case of a Tie as his Casting Vote
- Deputy Speaker of Lok Sabha
  1. Its a Parliamentary Convention from the 11th LS &
  2. From 16th & 17th LS there is No Deputy Speaker as there is No Opposition as of Now
  3. Elected from Amongst the Members
  4. Acts as a Speaker when Office of Speaker is Vacant
  5. He automatically becomes chairperson of a committee if he is a member of that committee given that speaker is not a member of that party
- Chairman of Rajya Sabha
  - Vice President - Ex Officio Chairman
  - Powers & Functions (Similar to Speaker)
    1. Maintain Order and Decorum
    2. Conduct Proceedings when Quorum
    3. Final Authority to Interpret Rules of RS
    4. Final Authority to Preside Joint Sittings
    5. No Power to Certify Money Bills
    6. No Power to Preside Joint Sitting
- Deputy Chairman of Rajya Sabha
  1. Elected Amongst Members of Rajya Sabha
  2. Removal by Effective Majority
  3. Resignation to Chairman
- Parliamentary Privileges (Art 105 & Art 194)
  - What does it mean by Parliamentary Privileges ?
    
    Parliamentary privilege refers to rights and immunities enjoyed by parliamentarians in order to properly discharge the duties and functions entrusted upon them by the Constitution
    
    Roles of Parliamentarians
    
    To Make Laws
    
    Accountability of the Govt
    
    Financial Accountability
  - What is the Rationality behind it ?
    
    To Ensure Accountability of Government
  - Constitutional Provisions ?
    
    For Centre Art 104 and State Art 194
  - What are the Parliamentary Privileges exercised by MP’s ?
    
    2 by Constitutional Provision and others by Parliamentary Convention
    1. Right to Freedom of Speech and Right to Vote
    2. Right to Publication - Collective Right
      
      Collective Privilege is exercised by means of speaker
      
      What Punishment will be given - Parliamentary will decide
    3. But Scope of Parliament is not Restricted to these two privileges,
      
      Apart from these Priv there may be other Priv as may be determined by Laws of Parliament
    4. Till the Time Parliament Makes Laws, Parliamentarians may exercise privileges before constitution came into existence(i.e by Constituent Assembly)
  - Important Note on Parliamentary Privileges
    1. Constitution Empowers the Parliament to Codify Privileges
    2. Till Such Codification Members Continue to Enjoy Privileges they enjoyed before the commencement of constitution
    3. It is taken care by Privilege Committee, Each Separate for Lok Sabha and Rajya Sabha
  - Final List of Privileges exercised by Parliamentary
  - What are the Issues Around Parliamentary Privileges ?
    
    Borrowed from British Parliamentary System as a Conventional Practise
    - Collective
      1. Art 105 - Ind & Coll
      2. Freedom to Right of Publication of Debates Proceedings or to Restrain Them
      3. To Punish Members and Outsiders for Breach of its Privileges
      4. Right to Exclude Strangers and Outsiders
    - Individual
      1. Art 105
      2. Freedom of Speech - Individual → Subject to Exception of
        
        Rules of House of Parliament & Constitution
        
        Unparliamentary Languages
        
        Cannot Engage in Contempt of Court or Criticise Actions of a Judge
      3. Exemption from arrest 40 Days before and after the session → Effectively Amounts to 5 Years of No Arrest
  - What are the Issues Around Parliamentary Privileges & Associated Case Laws ?
    
    Violation of Art 19 & Art 21 of Constitution
    - MSM Sharma Case, 1959 or Searchlight Newspaper Case
      
      Case of Bihar, Published in Newspaper which was barred by Speaker of Leg of Bihar
      
      Here Supreme Court Ruled that Art 194 will have precedence over Art 19
    - Keshav Singh Case, 1964
      
      Ques: Is Judicial Review of Parliamentary Privileges Possible ?
      
      Ans: SC Maintained that Judicial Review is Possible in case of Parliamentary privileges especially if it deprives Rt to Life & Liberty
      
      Court Said that whenever you are trying to deprive someone of Rt to Life and Liberty, there has to be Due Process of Law
      
      Ques: Can Judges be considered to have Breach of Parliamentary Privileges
      
      Ans: No they cannot be ever a Liability to the Judges
  - Why is Codification Required ?
    1. Goes Against the Idea of Limitation of Powers
    2. Goes Against the Principle of Constitutional Supremacy
      
      It rather promotes Parliamentary Sovereignty
    3. For Protection of Fundamental Rights
    4. Misused for Vested Interests - Generally for Political Vendetta
  - What are the Disadvantages of Codifying Parliamentary Privileges ?
    
    Once Codified, it will lead to Judicial Scrutiny and Lead to Pendency of Cases and May be used to hamper the proceedings of parliament
    
    M N Venkatachaliah Commission (NCRWC 2002) - Recommended the Codification of Parliamentary Privileges
  - Sample Mains Question
- Parliamentary Procedures - Summarise, Structure and Add Once
  
  In Sequence
  - Summary
  - Question Hour
    - Introduction
      1. Any Kind of Question can be fired to Ministers
      2. It is also called Accountability Hour
      3. 15 Days Notice has to be given to the presiding officer
    - Types of Questions asked
      
      Advance Notice has to be given to the Minister
      1. Starred Question - Oral Answer
        
        Here Notice time is a Minimum of 15 Days Notice
      2. Unstarred Questions - Written Answer
        
        Here Notice time is a Minimum of 15 Days Notice
      3. Short Notice Question - Oral Answer
        
        Here Notice time can be less than 10 Days
  - Zero Hour
    1. Merely an Extension of Question Hour
    2. No Prior Notice of 10 Days is Needed
    3. Indian Innovation, Its Merely a Convention
    4. Starts at Zero at 12 Noon
    5. Entire Rules and Procedures have to be done by speaker Lok Sabha
    6. There is No Specific Agenda for the Zero Hour as Such
  - Motions & Questions
    - Difference between Motion and Questions in the House
      1. Question is Asked and it is Answered
        
        It is introduced in the first part of the day
      2. Motion is Introduced, Debated and Deliberated & Voted Upon
        
        It is introduced in the second part of the day
    - Introduction to Motion
      
      A motion is a proposal which is introduced in the house to elicit a debate on a particular matter
      
      It can be put up only in the second part of the day
  - Types of Motions
    - Vote of Thanks
      - What is Motion of Thanks
        
        Given by President
      - When Does it Happen ?
        
        It is given by By President
        
        When Govt is Installed after General Election is Over
        
        He Talks about Objectives and Aims of the Government for the next 5 Years
        
        First Session of Every Year
        
        He Lays Report like a Progress Report of the Government
      - What will happen if the Motion is Not Passed ?
        
        In Lok Sabha - Considered as No Confidence Motion -
        
        In Rajya Sabha - Its Just an Embarrassment if government takes it to be an Embarrassment
    - No Confidence Motion
      1. This word is no where mentioned in the Question
      2. Mentioned in Rule 198 of Lok Sabha
        
        Any Person can Introduce No Confidence Motion
        
        But it can be in the Lok Sabha Only
        
        Presiding Officer may or may not accept it
        
        PO may not accept it unless and until it is supported by 50 Members at the time of introduction
        
        There has to be No Specific Agenda for the No Confidence Motion
        
        Once No Confidence Motion Passes
        
        President may accept the resignation and look for installation of new government
        
        President may accept the resignation but if there is no new govt to be installed the old govt may act as a Caretaker Government. Here A&A of CoM will not work
      3. Art 75 of the Constitution - Talks about collective responsibility of members or minsters to Lok Sabha
    - Adjournment Motion
      1. Not Mentioned in Constitution
      2. It is a Rule of the House
      3. Can be Introduced only in the Lok Sabha
      4. Once this motion is admitted in the floor of the house, even the speaker lok sabha cant adjourn the house, until and unless the ADJOURNMENT Motion is talked and debated and completed
      5. It is used for a Matter of Urgent Public Importance
      6. Can only be introduced only if 50 Members support this motion then only it can be introduced
      7. Minimum Discussion will be for 2.5 Hours
      8. House cannot be adjourned Motion is put to vote
      9. Even if it is passed, there is no impact on the Government but it is a indication that government might not be having majority
    - Privilege Motion
      1. Before Punishing a Individual, this motion is introduced
      2. Motion is passed and voted upon to finalise the punishment for breach of Parliamentary Privileges
  - Lunch Break
  - Actual Business of House
- The Law Making Process - As a Base by Example of Ordinary Bill
  
  What is a Bill
  
  It’s a Legislative Proposal, Once Passed by Both the Houses of Parliament and has Been Given Presidential Assent before it become a Law
  
  Procedure Involved in the Bill
  - 1. Introduction of the Bill
    Who Introduces the Bill
    - Government Bill - Introduced only by the Minster
      - Pre Legislative Process - Add from Lecture
        
        Bill is referred to Legislative Dept under Law Ministry for the drafting of Bill
        
        If he wants, Before he places in House, it can be put up in public domain
        
        Before putting it in parliament, PM is told about it
        
        PM calls a Cabinet Meeting with Important Ministers
        
        Cabinet Gives Approval - Bill is backed by the Government
        
        Now Treasury has to support the Bill, if he denies it will be considered as Defection
    - Private Member Bill
      - Pre Legislative Process - Add from Lecture
        
        Anyone who is not a minster is a Private Member
        
        He has to do it by Legislative Experts Privately
        
        He will have to take permission of Presiding Officers and put it up in the house
    What is the Subject Matter of the Bill
    1. Money Bill
    2. Financial Bill
    3. Ordinary Bill
    4. Constitutional Bill
    What is the Place where Bill has been Introduced
    1. Lok Sabha
    2. Rajya Sabha
    What happens with the Bill
    1. The Person who Introduces this Bill will discuss the Objectives of the Bill
  - 1. Referral to DRSC
    2. Departmentally Related Standing Committees
    3. In Parliament - 24 DRSC Present
      
      Each House will have 31 Members 21 from - Lok Sabha
      
      10 from - Rajya Sabha
      1. 16 DRSC - Lok Sabha
      2. 8 DRSC - Rajya Sabha
    4. These DRSC’s divide the Whole Major Functions of Government
    5. Example
      1. Constitution Amendment Bill - to DRSC on Home Affairs
      2. Mediation Bill - to DRSC on Public Grievances
    6. They Scrutinise in Depth and Prepare a Report on the Bill. They Give the Report back to the House
    7. Drawback of these Committee
      
      Neither it is mandatory for the Govt to refer to DRSC
      
      Nor the Recommendation of DRSC is Binding on the Govt
    8. A Minister cannot be a part of any DRSC
  - 1. Discussion Stage or Second Reading
    2. Clause by Clause Analysis is done here s
    3. Even after the Second Reading Stage Govt feels that bill should be referred to another committees
    4. It can be referred to - Ad Hoc Committee
      
      Ad Hoc Committee - Temporary Committee made for a Specific Time is called
      
      Standing Committee - Permanent Committee
      1. Join Parliamentary Committee (JPC)
      2. Select Committee - is from a Specific House not from Both the House
    5. Example : Surrogacy Bill became Act → It was long time pending in the Select Committee
  - 1. Final Vote or Third Reading in the First House
    2. Bill has to be totally accepted or rejected
    3. Bill has to be passed with Simple Majority
    4. No Clause by Clause Analysis
    5. No Changes can be made here in this Stage
  - 1. Bill in the Second House
    - The Process
      1. Ordinary Bill - Both LS and RS have Equal Power
      2. Bill is introduced in the Second House
        
        Major Objectives and Reasons of the Bill will be discussed
        
        They Do Not Take An Action
        
        If after the Introduction the Bill has been pending in the second house for more 6 Months → Constitution calls it Deadlock
        
        They Take an Action → Bill moves to Second Reading Stage
      3. Second Reading Stage in Second House - They Make Clause by Clause Analysis
      4. They can make changes
        
        They can refer it to a JPC or Select Committee
      5. They Do Not Make Changes
        
        Bill is sent to Third Reading Stage
      6. Bill is put to vote in the Second House
        
        Bill is Passed
        
        They Pass with Changes
        
        First House will Accept the Changes → Bill is sent to Presidents Assents
        
        First House will Not Accept the Changes → Deadlock
        
        They Pass with No Changes
        
        Bill Goes to the President for his Assent
        
        Bill is not Passed → Deadlock
        
        They do not take action since introduction for 6 Months → Acc to Constitution → Deadlock
    - The Summary
      
      Same Procedure as in the first house
      
      Options in the Hands of Rajya Sabha
      1. Accept the Bill without any change → Sent for President Assent
      2. Reject the Bill → Deadlock
      3. Pass with Amendments & First House Accepts the Amendment → Sent for Presidents Assent
      4. Pass with Amendments & First House Does Not Accepts the Amendment → Deadlock
      5. No Action for Six Months → Deadlock
      Here Joint Sitting can be convened by President under Art 108
      
      Presided by → Speaker LS → Dy Speak LS → Deputy Chairman RS
  - 1. Presidential Assent
    2. Can Give Assent to Bill → Bill becomes an Act
    3. Can withhold Assent to Bill → Absolute Veto
    4. Can send for Reconsideration to the House → Suspensive Veto
    5. Can sit on it without communicating on the Bill → Pocket Veto
- Types of Bills & Allied Procedure (Detailed)
  - Difference Between Ordinary Bill, Money Bill, Financial Bills (1 & 2), Constitutional Bills
    
    | Theme of Difference | Ordinary Bill | Money Bill | Financial Bill 1 | Financial Bill 2 | Constitutional Amendment Bill | | --- | --- | --- | --- | --- | --- | | Powers of LS & RS | Lok Sabha & Rajya Sabha have equal powers | Lok Sabha is more powerful | Like Ordinary Bill | Like Ordinary Bill | | | Prior President Recommendation | No Prior Recommendation of President is Needed | Prior Recommendation of President is Needed | Prior Recommendation of President is Needed | President may recommend for its consideration in both the houses | Not Needed | | Introduced in | Can be Introduced in LS & RS | Can only be Introduced in LS | Can only be Introduced in LS | Like Ordinary Bill | Can be Introduced in LS & RS | | Can Second House Reject | RS can reject the bill or sit on it for 6 months until the deadlock | RS cannot reject the bill Can Sit on it for 14 Days | Like Ordinary Bill | Like Ordinary Bill | | | Recommendation Bill of RS Binding | The recommendation of RS has to be considered or else deadlock | The recommendation of RS is not binding & if LS does not agree, Money Bill can still pass | Like Ordinary Bill | Like Ordinary Bill | | | Presidents Assent | President Can
    1. Approve - Art 74 on A&A of CoM
    2. Withhold - Absolute Veto
    3. Sit-Pocket Veto
    4. Reconsideration - Suspensive | President cannot send it back for Reconsideration Only can Withhold the Assent → in case of Caretaker Govt in case of LS Dissolved | Like Ordinary Bill | President Can
    5. Approve - Art 74 on A&A of CoM
    6. Withhold - Absolute Veto
    7. Sit-Pocket Veto
    8. Reconsideration - Suspensive | | | Scope of Deadlock | Possible
    9. RS Rejects the Bill
    10. RS Sends for Recommendations but LS Rejects
    11. RS Sits over it for 6 Months | No Scope for Deadlock | Like Ordinary Bill | Like Ordinary Bill | |
  - Ordinary Bills
    
    What is a Subject Matter of Ordinary Bill
    
    Any Bill which is not a Constitutional Amendment Bill, Nor a Money Bill, Nor a Finance Bill1, Nor a Finance Bill 2 will be considered as a Ordinary Bill
    
    Examples
    1. POCSO Act
    2. CAA
  - Money Bills - Art 110
    - Introduction
      1. Art 110 deals with Money Bills
      2. Any Bill which contains only those items mentioned in Art 110 of the Constitution can be certified as money bill by the Speaker of Lok Sabha
    - Subject Items in Art 110
      - Important Full Form
        
        CFI → Consolidated Fund of India
        
        Income Generated by Govt is Credited into CFI
        
        To Withdraw Money, Approval of Parliament is Needed
        
        CFI → Contingency Fund of India
        
        PAI → Public Accounts of India
      The 6 Majors Heading of Art 110 for Money Bill
      - Taxation Matters
        
        No Tax can be Levied except by Authority of Law
        
        Ex : IT Act → Authorises Govt to collect Taxes
      - Borrowing Clauses
        
        Indian Budget → Deficit Budget → Earning - Expenses = Deficit
        
        Law Needed → FRBM Act - Deals with Clauses of Borrowing
      - Custody of Consolidated Fund and Contingency Fund of India AND Withdrawal of Money
        
        Income Generated by Govt is Credited into CFI
        
        To Withdraw Money, Approval of Parliament is Needed
        
        Contingency Fund of India - Expenditure for Unforeseen Expenditure like a Disaster
        
        It is Generally Less the Consolidated Fund
      - Appropriation of Money from CFI
        
        Withdrawal from Contingency Fund of India can be authorised by merely a Executive Action under Contingency Fund of India Act, 1951
      - Declaring a Expenditure as Charged Expenditure for CFI
        
        There can be only two types of Expenditure in Indian Government
        
        Under Art 112 of the Constitution - Tells which Expenditure are Charged Expenditure and Which are Made Expenditure
        
        Made Expenditure
        
        Charge Expenditure
        
        Explanation
      - Receipt of money on account of CFI or PAI
        
        PAI - Public Accounts of India
        
        Govt Functions as a Trustee to this Fund
        
        PAI → Example : Post Office Savings, Pension Funds
    - Procedure for a Money Bill
      - Detailed
        
        Introduction of Bill - Requires Prior Recommendation of President
        
        Both Minister and Private Members can introduce the Bill → But in both the case Prior Recommendation of President is Needed
        
        Prior Recommendation - To Discourage Private Members to Introduce Money Bill
        
        Can be Introduced only in the Lok Sabha → as Govt is Accountable only to the Lok Sabha
        
        Speaker Certifies the Bill to be a Money Bill → Now RS has no Power on this Bill
        
        Only Power of RS is → Max RS can sit over the Bill for 14 Days
        
        Can they Reject the Bill - No
        
        Can they accept the Bill
        
        With Changes → Send back to Lok Sabha → Can Send Back with Changes but Recommendation of Rajya Sabha is NOT binding upon Lok Sabha
        
        Without Changes
      - Summarised
        
        Introduced Only in the House of People
        
        Transmitted to Council of State after passed by Lok Sabah
        
        In RS Maximum Delay of 14 Days Allowed
        
        Return the Bill with or Without Recommendation
        
        Lok Sabha can accept or reject such recommendation
  - Relation Between Money and Financial Bill
  - Financial Bills
    - Relation Between Money Bills and Financial
      
      All Money Bills are Financial Bills
      
      But All Financial Bills are NOT Money Bills
      
      Now, other than the Money Bills there can be bills which deal with the Finances of Government. These can be divided into Two Types, Namely :
    - Financial Bills Type 1
      1. A Bill which contains any of the matters contained in Article 110 but does not Exclusively Contain only those Matters
        
        Meaning It will contain some clause of the 6 Subjects of Art 110 but not only that, with Art 110 Clauses it will also have some other Parts as well
      2. Example: Compensatory Afforestation Fund Act, 2016 → To Maintain Balance between Afforestation and Development in India
        
        For a Industrialist who wants to build a Industry in a Forest Area, he will pay a compensation for the Same. This Fund will be used for developing a forest cover equal or better than that
      3. This Fund will go to
        
        PAI - Public Authority Fund of India
        
        PAS - Public Authority Fund of State
      4. This Fund will be Managed by CAMPA like Officials Fees and Usage of this Money
      1. How is it Similar to Money Bill
        
        It can be Introduced only with the Prior Recommendation of President
        
        It can be Introduced only in the Lok Sabha
      2. President Assent
        
        Like Ordinary Bills
    - Financial Bills Type 2
      1. Any Bill which merely involves expenditure but does not Include any matter in Art 110
      2. Example: Salary Allowances and Pensions of Members of Parliament Bill
      1. Procedure for Financial Bill Type 2 is Similar to that of an Ordinary Bill except that President may Recommend for its consideration in Both the Houses
      2. That is After the Introduction in the House and in Between the Second Reading of the House
      3. In Ordinary Bill DRSC Can be Skipped and from Introduction it can directly go to Second Reading
      4. But in Financial Bill Type 2, After the Introduction Either After DRSC Step or to directly go to Second Reading Stage, Presidents Assent is Needed, It is a Must
  - Constitutional Bills
    
    Power & Procedure of Parliament to amend the Constitution
    
    Some Important Questions
    - Who can Introduce a Bill ?
      - Either a Minister
      - Private Member
    - Do they have to take Prior Permission from President ?
      
      No Not under Art 368
    - Do they have to take Permission from Chairman of the House ?
      
      Yes, a Mere Formality
      
      in LS : Speaker
      
      in RS : VP
    - Can it be Introduced in any house ?
      
      Yes, in either LS or RS
    Types of Constitutional Amendments
    - Bill tries to Amend - Non Federal Provisions - Doesn’t Change Power Balance b/w Centre & State
      - Procedure
        
        Bill has to be Introduced (by any MP) - Subject Matter is to Amend the Constitution
        
        Introduced in & Passes to → LS/RS || RS/LS
        
        It should gain Special Majority
        
        </ 2/3rd Members Present & Voting
        
        Absolute Majority of House Needed
        
        President has to Give the Assent ( No Veto ) - It was made mandatory for the President to give assent to the bill by 24th CAA, 1971
    - Bill tries to Amend - Federal Provisions - Changes Power Balance b/w Centre & State
      - Procedure
        
        Bill has to be Introduced (by any MP) - Subject Matter is to Amend the Constitution
        
        Introduced in & Passes to → LS/RS || RS/LS
        
        It should gain Special Majority in both the Houses Separately
        
        </ 2/3rd Members Present & Voting
        
        Absolute Majority of House Needed
        
        Then it is Sent for Ratification by the State Legislature
        
        <1/2 of State Legislatures Accept it, its Enough
        
        i.e 28 States - 14 State Legislatures have to Ratify them
        
        State Legislature - Simple Majority
        
        State Legislative - Simple Majority
        
        President has to Give the Assent ( No Veto ) - It was made mandatory for the President to give assent to the bill by 24th CAA, 1971
      - Example
        
        Art 246
        
        Schedule 7
- Budget Bill - Annual Financial Statement
  - What is a Financial Year ?
    
    1 April to 31 March
  - What is a Budget
    
    Budget is Statement of Estimated Expenditure & Estimated Earnings
  - Some Important Points
    - When is the Budget Laid Down by the FM ?
      
      On Or After 2017 - Budget is Laid by Finance Minister on 1st Feb
    - Whose Responsibility is to Lay down the Budget ?
      
      Under Constitution - The Responsibility to Lay Down the Budget is of President of India
    - In Which Session is Put to Vote in the Parliament
      
      It is put to vote in the parliament in a Budget Session
    - Who Prepares the Budget and What is the Hierarchy ?
      1. Under Finance Ministry
      2. Under Secretary Department of Economic Affairs there is a HOD of Budget Division
      3. This is then Presented to the Finance Minister
      4. FM puts it to the PM who then approves it to be put to Parliament
    - When would the process for creating the Budget Start ?
      
      The Process for Budget of Year 2023 would be started by September 2022
    - Is the Budget Laid down in front of only LS or Both LS & RS ?
      
      Now President has to lay down such report in front of Both the Houses of Parliament every financial year
  - What are the Contents of a Budget
    
    Budget is a Statement in the Form of Estimated Receipt and Estimated Expenditure
    
    Expenditures have to be divided into Charged and Made ExpenditureThis has been told about in Art 112
    1. Made Expenditure - Around 95% Expenditures - Voted in LS
    2. Charged Expenditure - Around 5% of Total - Cant be Voted in LS
      1. Salary of President & His Office Expenditure
      2. Salary Allowances of Chairman, Dy Chairman, Speaker & Dy Speaker
      3. Debt Charges of the Government
      4. Salary Allowance and Pensions of Judges of Supreme Court
      5. Pension of Judges of High Court
        
        In Case of HC it is just the pensions
        
        What About Salary of Judges of HC → will be Consolidated Funds of Respective State
      6. Salary Allowance and Pension of CAG
      7. Sums Required to Satisfy any judgement, decree or any award by the court
        
        Example: SC Fined Govt. of Rs 50 Lac in Favour of Shri Nambi Narayanan
      8. Any Other Expenditure declared by a Law of Parliament or Constitution
        
        Its an Indicative List, Not an Exhaustive List
        
        Example Constitution: Art 146 → Servants Working in Supreme Court
        
        Or By a Law Made by Parliament
  - Process of Budget Enactment
    - Introduction of Budget
      
      In Both the Houses - First in LS and then After a Day or Two in RS
      
      FM Gives a Introductory Speech - Stating Some Basic Trends, Facts and Allocations
    - General Discussion Stage
    - Scrutiny by DRSC
      
      DRSC were started in 1990’s
      
      Total 24 DRSC - 16 LS & 8 RS → Major Functions of Govt are Covered Here
      
      1 DRSC - 31 Members = 21 Mem of LS + 10 Mem of RS
      
      Each DRSC will look into the Specific Part of the Budget
      
      For Example : Defence DRSC will look into the Defence Part of Budget Only
      
      This Generally Happens for 2 to 3 Weeks
      
      DRSC Submits the Report back to Lok Sabha
    - Vote on Demand for Grants
      1. These are Demands of the various Department one at a time and NOT the WHOLE Budget at a time
      2. It is only the Power of LS and NOT RS
      3. LS Passes all these Demands One by One By Simple Majority
      - The LS can do the 4 things to a Demand
        
        They Can Approve the Motion
        
        Policy Cut Motion
        
        It Disapprove the Entire Demand
        
        The Demand be Reduced to Rs 1
        
        Economy Cut Motion
        
        Demand is Reduced by a Specific Amount as decided by Lok Sabha
        
        Token Cut Motion
        
        Last Year they had grievance with the way money was spent
        
        It is like with a warning, these motions is passed
        
        As a Symbol - Rs 1 is deducted from the Proposed Budget
      - Lok Sabha has 26 Days to Pass All These Demands
        
        First 25 Days - Important Demands are Put to Vote One by One
        
        Last Day - All Undiscussed Demands are Put to Vote and Passed All together at once → It is called Guillotine Closure
        
        Here Only the Made Expenditure are Voted Upon. ONLY MADE EXPENDITURE CAN BE PUT TO VOTE
        
        Charged Expenditure Cannot be Voted Upon Even in Lok Sabha. They can be discussed but cannot be put to vote
      1. Why is the Prerogative of Lok Sabha
      Because Expense is the Responsibility
      1. Here In Principal Approval has been Given but the Permission to take out money hasn’t been given yet
    - Passing of Appropriation Bill (Money Bill)
      
      All the Procedures Seen in the Case of a Money Bill will be applied
      
      The Withdrawal and Deposit Authority of Govt is Finance Ministry
    - Passing a Finance Bill (Money Bill)
      1. How Much Tax Should be Credited in the CFI
      2. Deposit into CFI
  - Time Line of Budget
    - Prior 2017
      
      Railway Budget - First Week of February
      
      General Budget - Last Week of February / Last Day of February 28 Feb
    - Post 2017
      1. Introduction of Budget - 1st Feb
      2. General Discussion - 3 to 4 Days
      3. DRSC - 2 Weeks
      4. Vote on Demand - 26 Days
      45 Days Completed by Now
      
      Budget has to be Enacted before 1 April
    - Case Where Budget Cannot be Passed Before 1 April
      
      In the Whole Process It Approximately Takes 45 Days and at Max RS can sit on it for 14 Days
      
      Thus before 2017 if the budget is introduced on 28 Feb then, the complete enactment of Budget i.e the Passing of Appropriation Bill would not be possible before 1 April
    - Vote on Account
      
      It is a special power given to parliament to authorise the government to take out money from CFI even in case of Pending Passage of Appropriation Bill and Passing of Budget for Maximum 2 Months
      
      Only if at least the General Discussion Stage is completed
      
      and in the meantime Parliament has to enact the Budget
- Types of Grants
  
  After Budget, If New Expenditure Occurs or Expenditure Increases we have certain tools in Indian Constitution
  - Supplementary Grant
    - Defintion
      
      It is the money granted found to be insufficient for a particular service during a financial year
    - Example: MGNREGA
      
      It happened in 2021,22,23 → because of Covid & Migration of Workers
      
      Budget was allocated to MGNREGA before covid. By December the Funds for the Scheme was over for that financial year.
      
      Now the Money was found to be Insufficient for Entire Course of Year
      
      Money can be made available to the program in the form of Supplementary Grant.
    - Process
      
      Hence, Govt will put a Vote on Demand for Grant, it will be put to vote and then Lok Sabha will approve it.
      
      This will be Followed by a Corresponding Appropriation Bill
      
      Note: The Scheme should already be there in the Budget
  - Additional Grant
    - Defintion
      
      Additional Expenditure on a New Service not contemplated in annual financial expenditure of Year
    - Example : COVID
      
      Example: Covid was unseen for
    - Process
      
      Hence, Govt will put a Vote on Demand for Grant, it will be put to vote and then Lok Sabha will approve it.
      
      This will be Followed by a Corresponding Appropriation Bill
  - Excess Grant
    - Defintion
      
      Money Spent on any service during a financial year in excess of the amount Granted
    - Example
      
      Defence 50,000 Cr
      
      Parliament Approved this way
      1. Salary 10,000 Cr
      2. Research & Acquisition 10,000 Cr
      3. Border Road Development 10,000 Cr
      4. Arms Acquisition 10,000 Cr
      5. Other Miscellaneous Charges 10,000 Cr
    - Process
      1. Transfer of the Money from One Head to Another Head
      2. First they Spend the Money
      3. They Then take the Approval of the Lok Sabha
- Vote on Account, Vote of Credit, Exceptional Grant
  - Vote on Account
    
    Provision to make advance gran in respect of estimated expenditure before passing of the appropriation bill
  - Vote of Credit
    
    Parliament instead of Authorising a specific demand on Vote on Demand for Grant. The Parliament Gives a Blank Cheque to the Govt for Expenses
    
    It generally happens when the extent and nature of expense is not clear and defined
    
    Example: Defence Ministry cant tell that until when and what kind of costs will be incurred in a War
    
    Definition - It is granted for meeting an unexpected demands upon the Resources of India
    
    Nature of Demand and Magnitude is Indefinite in Character
  - Exceptional Grant
    
    It has never been utilised everywhere, there is a service for which govt needs money, the head of this service is something on which the government has never ever used money in past
    
    Example: Alien Has been Caught and Govt Needs Money for setting up a laboratory for the Alien
    
    Definition: To Make an Exceptional Grant which forms no part of current service of financial year
- Type of Fund in the Parliament
  - Art 266: CFI - Consolidated Fund of India and Public Accounts of India & of the States
    
    Consolidate Fund & Public Accounts of India → Constitutional Fund
    1. Source of Fund is Constitution Itself
    2. Art 266(1) - CFI for Union and States
    3. Art 266(2) - PAI of India and States
    | CFI | PAI | | --- | --- | | Consolidated Fund of India | Public Accounts of India | | Whatever Revenue Govt makes, it is credited into CFI | Govt is the Custodian of this Fund | | They Taxable and Non Taxable Sources (Natural Resources, Fines, Profits on Investments etc) | Sources Are - Pension Funds, Small Saving Account in Post Office, Other Govt Saving Places | | Govt is NOT authorised to take money out by itself | As & When People Require, Govt does not need approval of the Parliament |
  - Art 267: Contingency Fund of India - Statutory Fund
    1. Contingency → Unforeseen and Unexpected Circumstances
    2. Art 267 → It is a Statutory Fund, Article in the Constitution Says that Parliament shall create a contingency fund
    3. Act is → Contingency Fund of India Act, 1951
    4. Source of Money → Money will be taken from CFI of India as and when budget is made
      
      when the Corpus of Contingency Fund is Finished, A supplementary grant is taken for it
    5. It Does not need approval of Parliament
    6. It can be done by an executive order of President of India
    7. Here President of India has already made the Finance Minster of India, Its Overseer. Hence, he/she can take out the money as and when needed
- Legislative Council
  - Important Details of Legislative Council
    1. Art 169 provides for Legislative Council
    2. Final Authority to tell decide about it is that of Parliament of India
    3. Parliament can either create or deny the creation of Legislative Council
    4. Parliament Cannot do this action in Suo Moto Cognisance
    5. Resolution for LC in States has to be passed with Special Majority in the Parliament
    6. State LA has to first pass a resolution and then parliament can create and abolish LC for the states
    7. Remember Two Things
      1. Parliament Cannot Do it Suo Moto
      2. Resolution of State Leg Ass is not Binding upon the Parliament
    8. LC not existing in the states or it existed and then it has been abolished will make a change in the constitution of India i.e in Art 168
      
      So does the Parliament has to follow the process of a Constitutional Amendment ?
      
      No Constitutional Amendment is needed to add the name of state to the Art 168
      
      It can be done by an act of parliament requiring Simple Majority
      
      This Exception has been given in the Constitution itself
  - Summary of Adding or Abolishing a Legislative Council
  - Composition of Legislative Council
    - Total How Many Members can be there in a Legislative Council ?
      1. There is no fixed Exact Number for the Legislative Council
        
        Not More than 1/3rd Members of Leg Ass of State and Not Less than 40
      2. Example State X has 180 MLA’s
        
        Strength Can Range Between → 40 - 60
      3. Example State X has 100 MLA’s
        
        Here, It will be Exactly 40
    People who can vote in Legislative Council Election & its Composition ?
    - Summary
    - Detailed - Here People of Leg Council are ELECTED BY, not ELECTED AMONGST
      
      Electorates → Who Have the Right to Vote
      
      1/3rd Members Elected by Electorates
      1. Members of Municipalities, District Board & Other Local Authorities
      2. Members of Legislative Assembly
      1/12th Members Elected by Electorates
      1. Graduates (3 Years in Possession of Degree)
        
        Each Election will have one Constituency Graduates for Each Election, in Next Election Another Constituency will be given the chance
      2. Teacher Not Less than Secondary Level (Teachers from Class 9th)
      Nomination by Governor
      1. 1/6th Members to be Nominated by the Governor of state from the fields of (Art, Literature, Science, Social Science, Cooperatives)
- Home Work : Relevance of Legislative Council in India
- Comparison Between Centre and State Legislature
  
  | Theme of Comparison | Central Legislature | State Legislature | Note / Exception | | | --- | --- | --- | --- | --- | | Composition of Legislature of State | 1. President 2. Lok Sabha 3. Rajya Sabha | 168 - State
  1. Governor
  2. Legislative Assembly
  3. Legislative Council Art 169(If it exists) | Bicameralism is mandatory at Union Level & not at States | | | Maximum No of Seats | Maximum Seats for Lok Sabha is 552 | Cannot be More than 500 and cannot be less than 60 | De Limitation Commission No of Seats by 1971 Census until (2026)
  Boundary by 2001 Census | | | Voting Age and Method of Election | 18 Years of Vote
  
  First Past the Post System | 18 Years of Vote
  
  First Past the Post System | | | | Duration of Houses | Normally 5 Yers but can be dissolved earlier or extended
  
  Parliament by Law can extend it indefinite 1 Year at a Time | Life of State Leg Assembly can be extended or dissolved earlier | | | | Permanence of House | Rajya Sabha is a Permanent House | Leg Council is a permanent house once created and until abolished
  
  Parliament can abolish but not by Suo Moto Cognisance
  
  Resolution has to be passed by Special Majority in Parliament | | | | Terms of Upper House | RS Every 2 Year 1/3 Member Retire | LC Every 2 Year 1/3 Member Retire | | | | Sessions & Process of Parliament | As in Notes | Same as Lok Sabha | | | | What Happens to the Pending Proposals When House is Dissolved | As in Note | All Proposals Lapse
  1. When Matter has gone to Governor
  2. When Governor has sent it for Re Consideration
  3. Introduced in LC, pending in LC | No Provision for Join Sitting in State Legislature | | | Qualification of Members of Parliament | 1. Citizen of India
  4. Oath Affirmation
  5. LS - 25 RS - 30
  6. RPA - Elector from any constituency from India
  7. Reserved Category should be from Community | 1. Citizen of India
  8. Oath Affirmation
  9. LA - 25 LC - 30
  10. RPA - Elector from any constituency from State
  11. Reserved Category should be from Community of that State | | | | Disqualification | For Office of Profit, Laws can be made by Parliament which can be exempted for certain office
  Disqualifying Authority: President
  
  Aid & Advice of ECI
  
  Challenge in Supreme Court
  
  Anti-Defection Law in Art 102 Here ADL By Speaker of LS | For Office of Profit, Laws can be made by that State Leg Ass which can be exempted for certain office
  
  Disqualifying Authority: Governor
  
  Aid & Advice of SEC
  
  Challenge in High Court Anti-Defection Law in Art 191 Here ADL By Speaker of SLA | ADL by 52nd CAA | | | Presiding Officer | As in Notes Above | Same as Centre | | | | Functions of Presiding Officer | As in Notes Above | Same as Centre | | | | Chairman & Dy Chairman of RS | VP - Chairman Elected - Dy Chairman | Chairman and Dy Chairman - Based on Elections | | | | Parliamentary Privileges | Art 105 | Art 194 | Breach of Parliamentary Privileges in State is More than the Centres | | | Parliamentary Procedures | As Mentioned Above | Most of State Leg Follow Same Procedure as in Parliament but some states might have some different things which are NOT Needed to be Studied | | | | Law Making Process | Who Introduces - Govt or Pvt Bill
  
  Sub Matter - General, Money, Financial, CAB | Who Introduces - Govt or Pvt Bill
  
  Sub Matter - General, Money, Financial | | | | Procedure for Ordinary Bill | 1. Introduction 2. Referral to DRSC 3. Discussion Stage or Second Stage 3. Final Vote or Third Reading 4. Passed in LS 5. Goes to RS 6. RS Can Accept → President Reject → Deadlock Amendments → Accepted → Denied → Deadlock Sit for 6 Months → Deadlock | No Provision for Deadlock in case of State Leg Ass and State Leg Council
  
  Steps in State Leg Ass
  1. Introduction
  2. Referral to DRSC
  3. Second R -
  4. Third R -
  5. Passed in State Leg
  Bill Passed by Leg Ass →
  1. Accept the Bill - Gov Assent
  2. Amendments & Sent Back to LA & LA Accepts the Changes ———————————
  3. Reject the Bill - ———————————
  4. No Action for 3 Months
  5. Amendments & Sent Back to LA & LA is not Accepting the Changes
  Here, Bill Sent to LC Again by LA
  
  Now, LC can either Accept - To Gov
  1. Reject or 2.Sit on it for 1 Month → Deemed to be passed as passed by LA
  2. within a period of 1 Month → LC Proposes Changes Again and Sents to LA → LA can pass it as LA deems to be fit | In Centre LS and RS have equal powers. Hence, Deadlock May Arise
  At Max What, LC can do is at Max delay it by 4 Months | | | Procedure for a Money Bill | Items under Art 110 Prior Recommendation of President is needed | Items Under Art 199 Prior Recommendation of Governor is needed | For Financial Bill Type 1 and Type 2 → Replace President by Governor | | | Annual Financial Statements | Responsibility of President | Responsibility of Governor | | | | Charged Expenditure | 1. Salary of President & His Office Expenditure
  1. Salary Allowances of Chairman, Dy Chairman, Speaker & Dy Speaker
    1. Debt Charges of the Union Government
    2. Salary Allowance and Pensions of Judges of Supreme Court
    3. Pension of Judges of High Court
  In Case of HC it is just the pensions What About Salary of Judges of HC → will be Consolidated Funds of Respective State
```
  6. Salary Allowance and Pension of CAG

  7. Sums Required to Satisfy any judgement, decree or any award by the court
```
  Compensation has to be given by Union Govt
```
  8. Any Other Expenditure declared by a Law of Parliament or Constitution
```
  Its an Indicative List, Not an Exhaustive List Example Constitution: Art 146 → Servants Working in Supreme Court Or By a Law Made by Parliament | 1. Salary of Governor & His Office Expenditure
  1. Salary Allowances of Chairman, Dy Chairman, Speaker & Dy Speaker for SLA & SLC
    1. Debt Charges of the State Government
    2. Salaries & Allowances of Judges of High Court
  In Case of HC it is just the pensions What About Salary of Judges of HC → will be Consolidated Funds of Respective State
```
  5. Sums Required to Satisfy any judgement, decree or any award by the court 
```
  Compensation has to be given by State Govt
```
  6. Any Other Expenditure declared by a Law of Parliament or Constitution
```
  Its an Indicative List, Not an Exhaustive List Example Constitution: Art 146 → Servants Working in High Court Or By a Law Made by Parliament | | | | Contingency Fund | Approval by Parliament
  
  Head of Contingency Fund is Governor | Approval by SLA
  
  Head of Contingency Fund is Governor | | |
- CAG - Comptroller & Auditor General
  - Ambedkar's View on CAG
    
    Ambedkar Said that for him CAG is Guardian of Public Purse and for Ambedkar Single Most Important Constitutionally Important Functionary is CAG
  - CAG Submits the Report to President
  - CAG Helps them In
    
    Parliament is a very large body, hence it is not possible for everyone to do every work
    
    Hence DRSC Come into Play
    
    Committee Function Throughout the Year but Parliament Meets only when the Parliament is in Session
    - CAG Audits PSU as well
      
      Ex PSU : SAIL, HALE,
      
      PSU have Internal Offers of Themselves
      
      CAG is Outer Reporter
- Parliamentary Committee
  
  What is the Need for Parliamentary Committees
  - Functions of Parliament & Thus of DRSC Are :
    1. They have to Make Govt Accountable
    2. To Pass the Bills and Make Laws
    3. Quasi Judicial Functions
      1. Removal of President
      2. Punishment for Breach of Parliamentary Privileges
    4. Budget Making
    5. CAG Reports are Scrutinised by the Parliamentary Committee → Financial Accountability
  Types of Parliamentary Committees
  
  Standing or Permanent Committees
  - Financial Committees (3)
    
    They help the Govt in Ensuring the Financial Accountability of Government
    
    | Theme | Public Accounts Committee | Committee on Public Sector Undertaking | Estimate Committee | | --- | --- | --- | --- | | Composition | 22 Members 15 - LS 7 - RS Rep from Both Houses | 22 Members 15 - LS 7 - RS Rep from Both Houses | 30 Members 30 - LS No Rep from RS | | Chairperson is Appointed by | Appointed by Lok Sabha Speaker
    
    As a Convention Chairperson of Public Accounts Committee is from Opposition | Appointed by Lok Sabha Speaker
    
    As a Convention Chairperson of Public Accounts Committee is from Opposition | Appointed by Lok Sabha Speaker
    
    As a Convention Chairperson is from Ruling Party | | Term | 1 Year Generally, They are Re-Elected in Parliament. Its a Convention in Parliament | 1 Year Generally, They are Re-Elected in Parliament. Its a Convention in Parliament | 1 Year Generally, They are Re-Elected in Parliament. Its a Convention in Parliament | | Who Can be a Member | No Minister can be a Member of this Committee
    
    Only a Pvt Mem can be Member | No Minister can be a Member of this Committee
    
    Only a Pvt Mem can be Member | No Minister can be a Member of this Committee
    
    Only a Pvt Mem can be Member | | Election Method | Elected through System of Proportional Representation | Elected through System of Proportional Representation | Elected through System of Proportional Representation | | Functions | They Get the CAG Report from the President of India, submitted to him by CAG (Direct Finance of Govt)
    
    They will make noise, they may share the CAG report with public as well | They Get the CAG Report from the President of India, submitted to him by CAG (Indirect Finance of Govt)
    
    They will make noise, they may share the CAG report with public as well | They Recommend on the estimates prepared by Department of Economic Affairs for the Budget of that Year | | Anecdote / Remarks | Murli Manohar Joshi called PM Singh in 2014 as Chairperson of this Committee | | |
    
    Recommendations
    1. Cut the Allowances, and Use the Money in Hiring the Experts
    2. They Completely Function in Non Transparent Manner
    3. NCRWC Recommended a Panel of Full Time Experts and Researchers to help the Parliament
    Drawback
    1. Committee is Recommendatory & Non Binding
    2. Their Nature of Work is Post Martem except for Estimates Committee
    3. Allowances Given to them to hire the Help of experts are used for Personal Use and Seldom Experts are Hired unlike US
  - DRSC (24)
    - Details
      1. DRSC - Departmentally Related Standing Committee
      2. It was started as a practise in 1993
      3. 24 Total Committees → Each Cmt has 31 Members - 21 from LS & 10 from RS
        
        16 in LS - Headed by LS Member - Chairperson by LS Speaker
        
        8 in RS - Headed by RS Member - Chairperson by RS Chairman
      4. All Members are Nominated by Speaker and Chairperson Respectively
    - Functions
      1. Scrutinising the Bills
      2. Scrutinising the Demand for Grants
      3. Implementation of Various Policies & Schemes by Govt
        
        Example: DRSC on Health & Family Welfare will look into the Functioning of NHM - National Health Mission
        
        Example: DRSC on Urban Affairs will look into the Functioning of Smart City Mission
    - Issues
      1. When the Bills are Introduced it is not Mandatory to Refer the Bills to DRSC
        
        in 16th LS only 25% of Total Bills Introduced were referred to a DRSC
      2. The Recommendations of DRSC is only binding in Nature
      3. Members of DRSC are Not Experts in Legal or Field of DRSC. They do not have expert help as well
        
        NCRWC called it “Crippled” in its functioning
      4. No Transparency in its working
    - Advantages
      1. As there are members from different parties and houses, it acts as a better consensus building forums before the bill is introduced
      2. Members can freely raise their concern as a part of Ruling Party, even a member of ruling party can go against the bill in the PC without the fear of Anti Defection Law
  - Administrative Committees
    1. Helps Smooth & Better Administration of House
    2. Examples of Administrative Committees are :
      1. Rules Committee of LS and RS
        
        To Frame the Rules in the House
        
        Headed by Speaker in LS and Chairman in RS
      2. Ethics Committee
        
        Keeps a Note of Various Conflict of Interests a MP may have
        
        It is largely dysfunctional in both the houses
      3. Business Advisory Committee
        
        Advises the PO so as to how to carry out various businesses in the house
        
        Headed by Speaker in LS and Chairman in RS
      4. General Purpose Committee
        
        After All the Functions which are left out will be taken up by the General Purpose Committee
        
        Headed by the Presiding Officers Themselves
    3. Functions
      
      Helps Presiding Officer to maintain the discipline and decorum of the house
    4. It is there in both the house of parliament i.e LS & RS
  Temporary Committees
  - Ad Hoc Committees
    1. They are Temporary in Nature
    2. It is set up for a specific reason
    3. Example
      1. Joint Parliamentary Committee
        
        It will always have members from both the house
        
        can be formed for
        
        Look into Corruption Charges
        
        Scrutinise the Bill
      2. Select Committee
        
        In case of Select Committee it is only a member from a particular house
        
        Members are chosen for a expert reason
      3. Once Work is Done, They are Removed
- Function of the Parliament
  1. Law Making
  2. Budget Formulation
  3. Budget Enactment
  4. Accountability of Govt/Executive
  5. Quasi Judicial Rule
- Is the Quality of Working in Parliament Declining ?
  1. At Commencement of Constitutions, P used to sit for 122 Days, Now it sits for 70 Days Only
  2. Quality of Debates has to be increased, majority in the house doesn’t speak against it due to ADL
  3. Bills aren’t having good expert preview as only 25% of bills are being sent to DRSC
  4. No of Ordinances in parliament is increasing which signifies decline of functioning of parliament
  5. There has been New in most of the Budget, Most of the Budget are Incremental Budget
  1. Criminalisation of Politics, It is grave that Law Breakers are Becoming Law Makers
  2. No Gender Parity in the Parliament, Representation of Women is Less than 10%
- Reforms in Functioning of Parliament
  1. NCRWC Suggested Minimum of 120 Days of Siting
  2. Check on Ordinance Making Power
  3. Reservation for Women in Lok Sabha
  4. Mandatory Referral to DRSC except for under Exceptional Charges
  5. Members with Criminal Background should be subjected to Fast Track Court
  6. Changes to Anto Defection Law
Judiciary - Union & State Judiciary
- Introduction to Indian Judiciary
  - What do you mean by Independent and Integrated Judiciary?
    1. Independent from Executive and Legislature → Balances the Feature of Federalism
    2. Integrated with HC and DC → Where Order of Upper Court is Binding upon Lower Court
    3. Integrated Judiciary → All Courts can Look into All Laws, There is no Separate Hierarchy of Court for different Laws
  - Establishment & Constitution of Supreme Court
    1. Supreme Court of India - Highest Court of India
    2. Judges of Supreme Court shall be appointed by President
    3. However, at the commencement of constitution there shall be 7+1 Judges
    4. But Present Strength of Judges of Supreme Court is 33 Judges and 1 CJI of India
  - What does it take to Increase the Number of Judges?
    
    Supreme Court of No of Judges Act, 1956 → The Power to make this law has been given to the parliament
    
    It can be done by an ordinary law and the number of judges can be increased as per the demands
- Supreme Court of India
  - What does the constitution say about the appointment of Judges of the Supreme Court?
    1. President may in consultation with
    2. Judges of Supreme Court
    3. Judges of High Court
    4. Chief Justice of India
    shall appoint Judges of High Court
  - What is Collegium System
    
    No other Democratic Country uses this System but India
    
    Its a System of Appointment of Judges to higher judiciary where the judges appoint the judges
    
    Here, President is a mere appointing Authority
    
    Collegium - Group of Judges
  - What is the Origin of Collegium System
    
    Its an Judicial Innovation by Supreme Court like that of Basic Structure Doctrine
  - What are the Case Laws Involved in Judicial Innovation of “Collegium System”
    - First Judges Case, 1981
      1. Meaning of Consultation was asked
      2. SC Said that Consultation does not mean Concurrence
      3. Hence, Primacy was given to the Executives
    - Second Judges Case, 1993
      1. Question
        
        This Issue was Raised that if the Ultimately the Primacy is of Executives, then it will affect the Integrity of Judges and Hence Supreme Court
        
        There Should be No Case of Committed Judiciary → Committed Meaning Committed to Govt
      2. SC Said,
        
        that Henceforth → Collegium System Evolved → CJI & 2 Senior Most Judges
        
        Here, Consultation would amount to Concurrence
      3. Question
        
        Whose Consultation would amount to Concurrence
      4. SC Said
        
        Consultation of Chief Justice of India would amount to Concurrence
    - Third Judges Case, 1998 (Presidential Reference u/a 143)
      1. Consultation with Plurality of Judges → SC Expanded the Collegium
      2. Collegium would now amount to → CJI + 4 Senior Most Judges
      3. Along with CJI At Least 3 Senior Most Judges should be in Concurrence
  - Other Countries System
    1. India - Collegium
    2. US - Judicial Commission
  - by 99th CAA, 2015 → Govt brought in NJAC
    1. NJAC → It was declared null and void by the SC on Grounds of violation of Basic Structure
    2. Here Independence of Judiciary was considered to be a part of Basic Structure
  - Comparison Between NJAC and Collegium System
  - Critical Analysis of Collegium System and NJAC
    1. Promotes Judicial Nepotism: At Least 50% of Judges are Kith and Kin of Past Judges
    2. Goes against concept of Separation of Power → It does away with the system of checks and balances
    3. The Process is Non Transparent and Non Questionable
    4. There is Lack of Accountability on the Part of Collegium
    5. But, the Compromisation of Judiciary is also a grave concern
  - Home Work: How to Improve Collegium System
  - Home Work: Example from where the Power of Judicial Review Flows?
    1. Art 13
  - Appointment of Supreme Court Judges
    1. President is appointed by a Warrant under his Hand and Seal
    2. Till they Attain 65 Years of Age
    3. Resignation by given to the President
    4. Can be Removed by Order of President →
      1. Only by Motion Passed in Parliament
      2. Addressed in Both the House
      3. In the Same Session
      4. By means of Special Majority
      5. On Grounds of Misbehaviour and incapacity
    5. Once Passed, the President has to Sign the Order
    6. Here, Step by Step Procedure is NOT Given in the Constitution
  - Procedure from Removal of a Judge of Supreme Court*
    
    Constitution has empowered the Parliament to give a detailed Process for impeachment of President → Judges Enquiry Act, 1968
    
    in 1988 → There was a Motion for CJ of Punjab of High Court
    
    Procedure for Removal of a Judge
    1. Motion has to be Introduced in Either Houses
    2. Signed by 100/50 Member of LS and RS
    3. Subject to Pre Approval of Speaker & Chairman in LS & RS
    4. Here, Even after the Support of 50 Members, the PO can deny the approval of the Introduction of the Bill
    5. PO shall appoint a Investigating Committee of Three Members
      1. Two Judges of SC
      2. One Retired Judge - Jurists
      3. Hence this is a Quasi Judicial Function of Parliament
    6. Incapacity
      1. Not so Severe Physical Disability
      2. Mental Incapacity like - Schizophrenia
    7. CMT will give the Report to Parliament
    8. Passed with Special Majority in the First House
    9. Passed to Next House and Motion will be put to vote in the Same Session of the Parliament
    10. If Passed with Special Majority in the Second House, Sent for Presidents Approval
    11. President will Sign and Judge Stands Impeached
  - Qualification to be a Supreme Court Judge
    1. Citizen of India (In Addition to this)
      
      Not Necessarily by Birth or Naturalised Citizen
    2. Either: Five Year Judge of High Court or Two or More Such Courts
    3. Either: Advocate of High Court or Two or More Such Courts in Succession for 10 Years
    4. Either: Someone who is a Distinguished Jurists in the Opinion of President (Opinion of Collegium)
    5. There is NO Minimum Age Criteria for the Appointment of SC Judges
    6. Note
      
      An Oath has to administered by President under his hand of warrant and seal
  - Difference Between Jurisdiction and Power
    1. Jurisdiction - Type of Cases they can entertain
    2. Power - Not Necessarily Jurisdiction but some powers that they can do
  - Jurisdiction & Powers of the Supreme Court
    - 1. Original Jurisdiction
      - Introduction
        
        Given by Power Article 131
        
        Cases that can be taken directly by the ONLY by the Supreme Court
        
        No Other Court in India can take these cases or look into it
        
        Example:
        
        Any Dispute which is Federal in Character → Federal Disputes
        
        Federal in Nature
        
        Union of India v/s State or States
        
        Union of India and State v/s State/States
        
        State v/s States ( Two or More States )
        
        Here Individuals are NOT Party to it, Only States or Centre
      - Special Case of UT
        
        Special Case: Dispute Between Union Government and UT - Is it a Federal Dispute ?
        
        Under Art 239 UT is controlled by Centre → Hence not being in a Federal Dispute they should go to High Court and then by Means of Appellate Dispute
        
        Special Case: Dispute Between UT and any other States is a → Federal Dispute
      - Who is considered to be in a Federal Dispute
        
        For Someone to be in a Federal Relationship - There Should be a Different Constitutional Head
        
        Hence, Including UT Of Delhi, JK & Puducherry is not in Federal Relationship
    - 1. Appellate Jurisdiction
      2. In Original You go to SC directly
      3. In Appellate by means of Hierarchy, they can make an appeal to the Supreme Court
      4. Nature of Case in which there can be Appellate Jurisdiction
        
        Appeal on Civil Law
        
        Criminal Matters in the Supreme Court
      5. Here Individuals and State both can be a Party to it
    - 1. Appeal by Special Leave
      2. Example of Inter State River Water Dispute is a Federal Dispute ?
        
        Yes
      3. Will it go to SC directly ?
        
        No
      4. What is the Exception then ?
        
        Exception is Art 262 which says, Whenever there is Case of River Water Disputes, the matter shall not go to Supreme Court but Shall in Lie in front of an Authority as made by the Law of the Parliament
        
        Inter State River Water Disputes Act, → Taken Up by an Ad Hoc Tribunal
        
        Example: Cauvery Water Dispute took 25 Years to give the Order, TN Govt Said they will not accept the Orders of Tribunal. Meanwhile they accepted the Interim Orders of Proportion of Water Sharing, but they didn't accept the Final Order of Tribunal
        
        According to constitution the order of Tribunal is Binding. But Now TN Govt appealed to SC by means of Special Leave Jurisdiction
      5. If any party in India, is not able to go to the Supreme Court by means of any other Jurisdiction, then they can appeal the Supreme Court by Special Leave Jurisdiction
      6. Exemption to Special Leave Jurisdiction : Orders of Armed Forces Tribunal
      7. It's a Extraordinary Power and Hence used by the SC very Sparsingly
    - 1. Writ Jurisdiction
      2. Power to Issue Writs for Fundamental Rights only
      3. Case Only
        
        Write Petition - W
        
        Original Petition - O
        
        Appellate - A
        
        Special Leave Petition - SLP
      4. There are 5 Types of Writs that can be Issued by the Supreme Court
      5. Can SC Issue Writs for Legal Rights
      6. Difference
        
        SC - Can take Matters only for Violation of FR only but Geographical Area is More
        
        HC - Can take Matters only for Violation of FR & Legal Rights but Geographical Area is Less
      7. Art 139 of the Constitution Parliament can empower the Supreme Court to issue writs for Legal Rights as well
    - 1. Review Powers
      2. SC Can review their own order and change it
      3. Hence You Cannot Punish the Judge if SC Changes its decision
      4. In Such Cases a, Review Petition is Filed in the Supreme Court
      5. Examples
        
        Kesavananda Bharati Case
    - 1. Curative Petition
      2. It is NOT Mentioned in Supreme Court
      3. SC under Art 137 of the Constitution did a Judicial Innovation and made a Curative Petition
      4. Once All Exhaustion of Options is Done and even Review Petitions is exhausted, then curative petition exists
      5. Then Even if Curative Petition is Exhausted then there is NO Option from the Court
      6. Only Option is Mercy Petition to the President
    - 1. Law Declared by the Supreme Court binding on all courts
      2. It is an example of implementation of Hierarchy of Courts
      3. Judgment from one HC to another HC is not binding but Persuasive
      4. Examples
        
        Judgment Already Passed by the Supreme Court has to be taken care by HC. Hence in Sedition Case Conviction Rate is only 3% as all sedition cases go to Supreme Court Firsts
        
        Example
        
        Kedarnath Case, 1962 → Clear and Immediate Incitement of Violence (Sedition)
    - 1. Rule Making Power - Article 145
      2. Rule Making Powers is given to SC by means of Art 145
      3. Supreme Court can make Rules with the Approval of Presidents, regulating general practice and procedure in the Court
      4. Approval of Presidents → It is Generally Given
      5. Rules Like
        
        Procedure of Filling of Cases
        
        Conduct if Judges
        
        Min No of Judges Needed for a Constitutional Bench
    - 1. Advisory Jurisdiction
      2. Art 143
        
        It's a Little Different from other Jurisdictions
      3. It can be for
        
        Question of Law
        
        Question of Fact
      4. Whenever President Seeks Advice of Supreme Court
        
        It is not binding upon the Supreme Court to take the Case
        
        It is not binding upon the Govt to accept the Decision of Supreme Court
      5. Example : Ayodhya Mandir Verdict President Referred it to SC in 1990, SC Rejected the Case for Advisory
        
        Now, another new case was filed in Supreme Court which couldn't be rejected by the Supreme Court
    - 1. Contempt Powers
      2. It is nowhere mentioned or defined in the Constitution
      3. Contempt - Showing any type of Disrespect to the Authority of the Court
      4. Art 129 - Supreme Court has the Power to Punish for the Contempt of the Supreme Court and other Courts
      5. Contempt can be defined based on the Law passed by the Parliament → Contempt of Courts Act, 1971
      - Summary - It is NOT Defined in the Constitution, It comes from the Contempt of Court Act
      - There are 2 Types of Contempt
        
        Civil Contempt
        
        Willful Disobedience
        
        Not Appearing in Front of the Court or Non-Compliance of Civil Judgement
        
        Generally, It's a Fine
        
        Criminal Contempt
        
        Disrespect to Judge or Institution of Judiciary
        
        Someone who prevents the functioning of the Judiciary
        
        Generally, It’s a Punishment in Jail
      1. Example: Adv Prashant Bhushan was filed for Criminal Contempt, but SC took a Lenient Way and Said
        
        Accept the Contempt
        
        Apologise
        
        Pay a Fine of 1 Rs
        
        or Go to Jail for 3 Months
    - 1. Extraordinary Powers of SC under Art 142
      Art 142: The Supreme Court of India can Exercise its powers by Laws made by the Parliament of India
      
      Example: Periyar Volan Case - Person involved in assassination of Former PM Rajiv Gandhi
      
      Mercy Petition → President → President Sat on it
      
      SC used Extraordinary Power → Commuted Hanging to Life Imprisonment
      
      Now he filed the Mercy Petition for Reducing Life Imprisonment to the Governor of TN
      
      TN CoM A&A that His Life Sentence Should be Reduced → Gov Sat on it
      
      SC used Art 142 → Until Now he had spent 30 Years in Jail
      
      Now, SC Released him from Jail
- High Courts of India
  - Introduction
    1. Constitution Says that there shall be a High Court for Each State → Meaning Some HC can have Concurrent Jurisdiction
    2. Each High Court Shall Consist of a Chief Justice plus some Judges (as decided by the President)
      
      Note:
      
      In SC Number of Judges is Decided by an act of Parliament
      
      In HC Number of Judges is decided by the President
  - Process for Appointment of Judges of HC
    1. Appointment and Condition of Service of Judges of High Court (Art 217)
    2. Appointed by President by warrant under his Hand and Seal
    3. They can retain the Office until they ATTAIN the Age of 62 Years (In SC its 65 Years of Age)
    4. For the Appointment of Judges, President shall Consult
      1. CJI
      2. Governor of State
      3. CJ of the HC of the Concerned State where the appointment to other judges of the High Court is done
    5. Here in Third Judges Case, SC Held that for the HC Judges also Collegium Shall Consists of
      1. CJI + 2 Senior Most Judges of SC
      2. CJ of Concerned High Court
      3. Other Judges of High Court and Such Judges of SC Conversant with the Affairs of High Court Concerned
  - The Movement of Files in Appointment of HC Judge is
    1. Process of Apt started by CJ of HC
    2. Files go to CM
    3. from CM to Gov
    4. From Gov to Ministry of Law
    5. From Here to CJI
    6. From CJI to Ministry of Law
    7. From Ministry of Law to PM
    8. From PM to President
  - Procedure for Removal of HC
    
    Same Process as that of SC Judges
  - Qualification for being the Judge of a HC
    1. Citizen of India &&
    2. 10 Years of Judicial Office in the Territory of India
      
      Judicial Office: District Judge etc
    3. OR Advocate of HC for at least 10 Years
    4. Oath Administered by Governor
  - Transfer of Judges from one HC to Another
    1. President of India can Transfer the Judges from one HC to another HC
    2. But Right Now it is done by Collegium. President acts on the aid and advise of Collegium
    3. Collegium → CJI + 4 Senior Most Judges (Written Recommendation Mandatory)
      1. Chief Justice of Both High Court (from where being transferred to where being transferred)
      2. Such other Judges of Supreme Court who are conversant with the affairs of the High Courts Concerned
      3. Recommendation is Mandatory but the Ultimate Authority is that of Collegium
    4. Judges of the HC have to show compliance no matter what, only way they can defy is by means of Resigning it
  - Jurisdiction and Powers of HC
    - Introduction
      1. All HC in our country shall continue to exercise such powers as before the commencement of constitution subject to law made by parliament and state legislature
      2. Jurisdiction as existed at the commencement of the constitution subject to law made by parliament and state legislature
    - Original Jurisdiction
      
      Civil Matters: based on laws passed by the state legislature
      
      Criminal Matters: there is no original jurisdiction in case of criminal matters in case of HC
      
      Criminal Matters detailed investigation has to be done which is done by Lower Courts
    - Appellate Jurisdiction
      
      Applies to all the Civil and Criminal Matters
    - HC Power of Superintendence
      
      General Guidelines - Regulating Practise and Proceeding in the courts, prescribed forms in which accounts have to be kept
      
      Note : Armed Forces Tribunal Excluded from the Jurisdiction of High Court
    - Writ Powers of HC
      1. Art 226 of Constitution
      2. They Can Issue Writs for Legal Rights and FR, throughout the Territory of the Concerned State
- Subordinate Courts
  1. All Courts Below and Including District Courts is Subordinate Courts
  2. Appointment Made by Governor in consultation with HC. No Procedure Defined
  3. Recruitment of Person Other than District Judges
    
    By Means of PSC of That State conducts State Judicial Service Examination. Appointment made by Governor
    
    Rules Made by the Governor in consultation with state public service commission and high court concerned
- Homework: All India Judicial Services Pros and Cons
  
  One of the Reason that there is a Lot of Pendency in Courts is that most cases is appealed in the High Courts, that is due to poor quality of judgements in the Lower Court. Most Important courts of India are Session and District Courts
  
  Reform Suggested Are: All India Service under Art 312 → All India Judicial Services
  
  Pre Condition: Rajya Sabha has to give a consent by passing Resolution by means of Special Majority
  
  Currently Judges are selected from the same state. Hence State has a very limited set of Talent Pool
- PIL - Public Interest Litigation
  - Concept of Locus Standi
    
    Concept of Locus Standi: How are you connected to the case, especially in case of Writ Jurisdiction
    
    People who have any problem can go and knock the doors of Judiciary, despite they are not connected to the case
    
    Any Person can bring it to the notice of court by means of bonafide intention and not some vested interests
  - What is PIL ?
    
    OIK is defined as Litigation in interest of general public without following the principles of Locus Standi
  - Who can file a PIL ?
    
    PIl is a proceeding in which an individual or group seeks relief in the interests of general public and not for his or her own relief. PIL Has modified and relaxed the Traditional Doctrine of Locus Standi.
    
    Examples
    1. ADR
    2. Common Cause
  - Since When has it gained Prominence in India ?
    
    From 1970’s
  - Defining Case: Husainara Khatoon v/s State of Bihar, 1970
    1. Considered to be known prominent in PIL
    2. Relates to PIL for Plight of Undertrials
    3. Undertrials - Poor People, No Bail, No Judicial Knowledge
    4. SC Said:
      1. Speedy Justice as FR under Constitution
      2. 14 to 17 People were released
      3. that year 40,000 People were released
  - Defining Case: SP Gupta v/s UOI, 1981
    1. PIL can be filed for
      1. Writ Jurisdiction - Largely used when FR is violated
    2. Who can file it
      1. Individual or Social Action Group
  - Are Guidelines by SC Law ?
    
    Guidelines by SC is Law until and unless law made by the parliament
  - Advantage of PIL
    1. Protection of Rights of Individuals
      
      Example: Husainara Khatoon v/s State of Bihar, 1979
      
      Example: Vishakha Guidelines preventing Sexual Harassment at Workplace, this was law until 2013. In 2013, they made law
    2. Policy Decisions to Address Major Lacuna in Governance
      
      Example: CNG in Delhi
      
      Example: Nota in Elections → ADR filed PIL → Has no Significance → But allows Expression of Discontent
      
      Example: Good Samaritan → In case of Helping Police
  - Disadvantages of PIL
    1. Private Interest Litigation / Publicity Interest Litigation / Political Interest Litigation
      
      Example: Kalyaneshwari v/s Union of India Case → Industries Polluting Environment, Petitioner was part of Competitive Industry
    2. Violation of Doctrine of Separation of Powers
      1. Judge Made Laws
      2. Judge Made Policies
      3. Judicial Innovations
    3. Differentiating between Judicial Activism or Judicial Overreach is very difficult
      
      Judicial Activism (Pro Active Role Played by Judiciary) Examples → Positive Things
      1. Procedure Estab by Law is Due Process of Law
      2. Vishakha Case
    4. Pro Activeness of Judges venturing into Legislature or Executive → Judicial Adventurism → Negative Things
      
      Example: Based on PIL, All Alcohols within 500 M Range of Highways has to Shut Down things
      
      Example: Censoring of some parts of Jolly LLB despite certification from Central Film Board
  - Solutions
    1. While Entertaining PIL, a Court should Follow the Established Guidelines
      1. Bonafide Intention should be confirmed
      2. No Judicial Adventurism / Overreach → Judicial Restraint by Judiciary itself
- Tribunals
  - Origin of Tribunals
    1. It was Inserted into the constitution by 42nd CAA
    2. It’s a Quasi Judicial Body
  - Difference Between Quasi Judicial and Judicial Bodies
    
    Called as Quasi Because
    1. They have Specialised Jurisdiction whereas Judicial Bodies have General Jurisdiction
    2. Service Conditions & Independence
      1. Judges are appointed by Govt and Executives Hence Independence is not as strong as Judges
    3. There is a Lot of Conflict of Interest for the Judges in Tribunals
    4. Jurisdiction of Quasi Judicial Bodies is very Restricted
    5. Procedure they Follow → Judicial Bodies follow a Rigid Process but Tribunals follow easy procedures that they only have to follow Law of Natural Justice
    6. They have Speedy Justice
    7. For Example: Taxation Matters, Environment Matters, Admin Matters
    Called as Judicial Because
    1. They impart Justice
  - Origin
    1. First Recommended by First Law Commission (14th Report)
      
      Pros
      1. Speedy Justice
      2. Cost of Justice Reduced
      3. Easy Access to Courts
      4. Judicial Pendency will be reduced
      Cons
      1. Independence and Impartiality of Govt
    2. Justice Shah Committee, 1972 ( HC Arrears Committee)
      
      Recommended Creation of Tribunals
    3. Sixth Law Commission
      
      Not in Favour of Creation of Tribunals
      
      May Violate Jurisdiction of HC & SC
      
      But if after the Tribunal, One can go to HC & SC. Then there should be no provision for appealing after Tribunals
      
      But then it can hamper the Jurisdiction of SC & HC violating Article 226, Art 32 & Art 236
      
      If you have to go to SC & HC → Then what is the point of making tribunals
    4. Based on Recommendation of Swaran Singh Committee under PM ship of IG
    5. It is Not a Part of Original Constitution, it was brought in by 42nd CAA
      1. Article 323 A → Administrative Tribunals
        
        Parliament is the only authority to make law
        
        Laws made by Parliament → Administrative of Tribunals Act, 1985
        
        Centre - CAT → Centre Administrative Parliament
        
        State - SAT → State Administrative Parliament
      2. Article 323 B → Other Tribunals
        
        Both State Leg & Parliament can make Laws on
        
        Taxation Matters, Env Tribunals etc
  - SP Sampath Kumar v/s UOI, 1986
    1. Administrative Tribunals Act, 1985 was challenged in Supreme Court
    2. Tribunals would be final and binding, hence ATA was unconstitutional violative ofA
      1. Art 226
      2. Art 32
      3. Art 136
    3. When the Matter was Sub Judice, Govt made changes and allowed appeal to HC & SC
    4. Here Art 32 and Art 136 was protected & Art 226 was NOT Protected
    5. Govt Debated : Effective Alternative Institutional Mechanism Theory saying that people can go to SC but not HC
    6. Here SC somehow accepted it
  - L Chandra Kumar v/s UOI, 1997
    1. It argued that Judicial Review Flows from Art 226
    2. They Said if Art 226 is a part of Basic Structure Doctrine
    3. Here SC Said, You Can Make Tribunals but can’t substitute the role of HC
    4. Here SC Held, that you can make the Tribunals, but HC appeal can be made
    5. SC Said,
      1. Position of Judges in Tribunals is independent from Partiality
    6. SC Suggested
      1. Judges in Tribunals shall be appointed by a Committee headed by CJ of HC
    7. HomeWork: Rationalisation of Tribunals Act, 2021
Centre State Relations: Addition of Current Affairs is a Must
- Framework
  
  Constitution Divides the Relationship between Centre and State in the Following Way
- Example of Companies Having Federal Political System
  1. USA Canada Australia & India
  2. Indian Federalism is closely related to constitution of canada
  3. Each Countries Federal Structure is Different
- Division of Powers (DOP) Between the Central and State Government
  - Legislative DOP - Between Union Legislature & State Legislature
    - Questions to be Asked in Centre State Relations of
      1. What are the items on which Parliament can make Laws ?
      2. What are the Items on which State can make Laws ?
    - It is related to which article and Schedule
      1. Art 246 Provides for Schedule 7
      2. Schedule 7 Provides for 3 Lists, Namely
    - What are the Lists of Schedule 7 Here ?
      1. Union List - Union Makes Laws (97-100)
        
        Laws Needing Uniformity have been Given to Union
        
        Laws Made by the Parliament will apply throughout the country until and unless exceptions have been defined
        
        Law made by Parliament can have Extra Territorial Jurisdiction meaning outside India
        
        Example: Defence, Foreign Affairs, Communication, Banking & Insurance
        
        Example: NIA Act after Mumbai Attacks of 26/11/2008
      2. State List - NORMALLY State Makes Laws (66 - 61)
        
        To Accomodate Regional Diversity
        
        Throughout Country of Concerned State
        
        Example: Health, Sanitation, Agriculture, Fishery
      3. Concurrent List - Both Parliament and State Makes Laws (52 -47)
        
        As of Regional Diversity Later Uniformity can be applied for
        
        Example: Forest, Wildlife, Population Control and Family PLanning, Education, Social and Economic Planning, Marriage & Divorce
    - Framework of Lists
    - What is the Case when the Law Made by State can prevail ? What is the Exemption ?
      
      If there is a conflict in Law made by States and centres, in all times law made by centre will prevail with only one exemption
      
      The Exemption being, For Example for Education State and Centre has made Laws, Assent is given by Governor Normally
      
      Now, If Gov Reserves the Bill, The Bill is reserved for President's Assent & if the President Assent is Given on the Bill of State. Then here the Law of State will Prevail
      
      For Example: NEET as Mandatory Exam for entry into Medical Courses
      
      State Govt of TN: Passed a Bill by all Legislators 100% Bill was accepted to exempt students of TN from NEET Examination
      
      Constitutionally Education is a Item in the Concurrent List
      
      This bill passed by TN Govt is only useful when the Governor reserves it for President and President has to give the assent
    - Is India a Truly Federal Country ?
      1. India is a Federal Supremacy not a Truly Federal One
      2. It’s a Federal Structure with Unitary Bias
    - What are the Instances where Union is Preferred over State
      1. More Items in Union List
      2. Shift in the Nature of Amendment that has happened to Schedule 7, has been shifting items from State List to Concurrent Lists
      3. In Case of Any Conflict between Centre and State
      4. Art 3, Only INherent Power of the Parliament to reorganise States
      5. Only Parliament can make Constitutional Amendments
      6. Through Governors Power, Centre can control law making powers of State
      7. In Case of Creation of Leg Ass, Even Ratification of that State isn’t binding upon centre
      8. Residuary Powers of Law Making is with Central Government
        
        ( In a True Federal Country, like US, States have Residuary Powers)
    - What is a Residuary Power ?
      1. Anything that does not fall under three lists
      2. Parliament has the Power
      3. GOA Act, 1945 - Residuary Powers to Viceroy
      4. USA - Residuary Powers to State
    - Doctrine of Pith & Substance: In Case of Conflict between State Law & Central Law, the Central Law will Prevail
      
      The Doctrine: where a question arises whether a particular law relates to a particular subject mentioned in one list or another, the court investigate the substances of the law.
      
      For Example: if the substance falls within the union list, then the incidental encroachment by the law on the state list does not make the law invalid.
      
      Innovated by SC through: State of Rajasthan v/s G Chawla, 1959
    - Example of Application of Doctrine of Pith & Substance:
      1. Agricultural Law: By Art 131 for Federal Dispute in Supreme Court, Many States applied in Law
      2. NIA Act, 2008: was challenged in court by some states, by empowering NIA, parliament is trying to encroachment upon the power of state of Law and Order of State List
    - What Does Supreme Court Do
      1. If Union has unintentionally encroached upon the powers of state.
      2. If, the reason, objective, subject matter is centred around administration of item in the Union List (only then) that Law cannot be considered as a unconstitutional Law
      3. Example: By NIA Act 2008
        
        State Said : Centre is Encroaching Upon the Powers of Police of Law and Order which is in State List
        
        Centre Said : It is not for encroachment in powers of state but for a centralised intelligence agency
        
        Centre said it has made law under National Security Item
        
        Here SC: Said that Centres Law is Correct
      4. Example: Agricultural Law
        
        There is Nothing Regarding Agriculture in the Union List
        
        In Concurrent List Also, there is no direct agriculture but only Agricultural Produce and Distribution.
        
        Hence, There is a INTENTIONAL Encroachment upon powers of state is seen
        
        Though the Law has been withdrawn by the Centre, SC would by this Doctrine, would have struck down this Law
    Power of Parliament to Legislate on State List
    - Art 249: National Interest
      1. Special Resolution by Rajya Sabha by a Majority of 2/3rd Members of Present & Voting
      2. When they have to suddenly make laws on something which is in state list
      3. For Example: Health is in State List, During Covid Time Govt wanted to bring in Law for Health
        
        Parliament can’t do it alone, it has to be done with the permission of Rajya Sabha as well
      4. Here this Law made is not a Permanent Law, it’s a Temporary One, this Resolution passed by Lok Sabha the Resolution will be enforced for a period of One Year
      5. The Law Ceases to Exist after 6 months
      6. The State can also make Laws on this item of concurrent list but there has to be consistency in it or the law of Parliament will prevail
    - Art 250: Power of Parliament to make laws during Proclamation of National Emergency
      1. National Emergency is under Art 352 but Power of Legislature to Make Laws during National Emergency is under Art 250
      2. During National Emergency Parliaments will have the power to legislate on any item in State List
      3. Whenever the National Emergency is Revoked, The Centre can make laws on matters in State List
      4. But only six months after the Revocation of National Emergency
      5. Note : Here Power of State Legislature is Not Deprived
    - Art 252: Legislate for Two or More State by Consent and Adoption of such legislations by any other State
      1. Here there is No National Emergency
      2. State here is requesting to make laws on State List
      3. Minimum of 2 States have to Make Such a Requests
      4. Done in cases where uniformity between 2 states is needed
      5. For Example: Wildlife was in State List until 1976
        
        It was later made part of Concurrent List
        
        Wildlife Protection Act 1972 was passed by the Parliament as the state requested the Parliament
      6. Two or More States Request the Parliament by = Passing Resolution by Simple Majority
      7. Now in the Future only Parliament will gave the Power to amend such law
      8. Also this will be a permanent Law
      9. The Law will apply to those states only
      10. Now that they want to adopt such a law they can adopt the Law
      11. But once adopted by a simple majority, it will be amended only by parliament
    - Art 253: Implementation of International Treaties
      1. Parliament Makes Laws to Implement International Treaties
      2. Here they don't even have to take permission from states for items under states list given that the condition is of Implementation of International Treaties
    - Art 356: State Emergency
      1. Here the Law made by the Parliament is a Permanent Law
      2. Parliament can makes laws on any items in the State List
  - What is the Procedure to Amend Schedule 7
    1. Special Majority - Absolute Majority + Not Less than 2/3rd of the Parliament
    2. State Ratification by Simple Majority of 50%+1 States
  - Executive DOP - Between Union Legislature & State Legislature
    
    Art 256: Obligation of States and Unions
    
    Executive Power of Every State Shall be exercises as to ensure with laws made by parliament and any existing law in that state
    
    Executive Power of Union Extends to Giving Such Direction to a state as may appear to the government of Indian to be necessary for the purpose
    
    Here States have to respect the Constitutional Direction of Union or else they can be given direction by centre to obey
    
    Here, Still they don’t obey, President can conclude, failure of constitutional machinery failure and can apply Art 365 for President's Rule
  - Financial DOP - Between Finances of Union & Finances of State
    - Introduction
      1. Each and Every Govt should have a major source of revenue - Prominently by Means of Taxation
      2. Art 265: No Tax can be collected in country except by an authority of Law
      3. Whatever Tax is collected by Union cannot be solely kept by Centre, But what a State Earns can keep it with itself and it will get something from Centre as well
      4. Body that will recommend the Govt the distribution of Resources within State and Centre is Finance Commission. It will also recommend distribution between states under Art 280
      5. NOTE : Concurrent List Items are made upon by Parliament but Implemented by States
      6. Resources Are :
        
        Taxation Revenue - Necessarily Need Law
        
        Non Taxation Revenues - May and May Not Need Law
        
        Auction of Natural Resources
        
        Fines
        
        Profit from PSU
        
        Borrowings
        
        Profit
    - Distribution of Powers to Levy Taxes on Union & State
    - Finance Commission - Finance Commission Act, 1951
      1. It decides the Distribution of Revenue between Centre and States
      2. FC consists of Chairman and 4 Members
      - Qualification to be a Chairman is
      - Latest Commission - 15th Finance Commission
        
        Any Other Matter Referred to Commission by the President: To Mobilise Funds for Local Govt by State Govt
        
        Centre - Divisible and Non Divisible Pool
        
        Centre Shares money with States from Divisible Pools
      - Issues with Grant in Aid
        
        FC is a Important Body in Fiscal Federalism
        
        Grant in Aid by the FC is being Given to States who are the Party from Centre and Not for those who are actually in Need
        
        Horizontal Distribution Parameters are Not Followed by FC Generally
        
        In the Latest 15th FC -
        
        2011 Census - Used 2011 Census and More Weightage was given to 1971 Census
        
        Earlier 2011 Census Low and 1971 Census High Percentage
        
        1971 Census Used High Percentage
        
        Central Govt Said, They Agree South may be affected by Census, but revenue sharing on the basis of Performance Indicators like
        
        MMR, IMR
        
        Digital Penetration
- Cooperative Federalism
  1. Definition
  2. Example:
    1. Inter State Council
      1. Constitutional Body, Under Art 263
      2. Headed by PM (Chairperson)
      3. Other Members
        
        CM of all States
        
        CM of UT with Leg Body
        
        Administrators of Other UT
        
        6 Cabinet Ministers of Union Govt nominated by PM Himself
      4. Issues
        
        It has been largely dysfunctional over a period of time
        
        they hardly meet
        
        if they meet, there is no specific agenda
    2. Zonal Council
      1. It’s a Statutory Body established by State Reorganisation Act, 1956
      2. It Provided for 5 Zones of Councils
        
        North
        
        East
        
        West
        
        South
        
        Central
      3. Headed by HM of Centre
      4. Members are CM of all States
      5. Can Help in Solving River Water Disputes
      6. Agriculture Laws could have been brought Zonal Council
    3. NITI Aayog
      1. Replaced Planning Commission of India
      2. PC was a Extra Constitutional Body
      3. Its Recommendations are not Binding
      4. It follows a Bottom Up Approach
      5. More Favourable to States
      6. States can give opinion as well
    4. GST Council
      1. Apex Body for Tax Rates of Goods & Services
      2. 2/3 Representation from States and 1/3 from Centre in the Structure of Body
- Competitive Federalism
  1. Competition between Federating Units
    1. Centre and State
    2. in Between States
  2. Its a Concept where units of Federation Compete with One Another
  3. Examples Are:
    1. Allocation of Funds by 15th Finance Commission on Performance Based Indicators
    2. Ease of Doing Business Report by World Bank, Helps in Foreign Investors
    3. Report by NITI Aayog: States Composite Water Management Index
    4. 15th FC Performance Parameters of States
    5. Competition Amongst States in Implementing Swachh Bharat Mission
- Both Types of Federalism is by Relation of
  
  Cooperation : Is Largely Between Centre and State
- Confrontationist Approach in Indian Federalism
  1. Indian Federalism has been lately example of it
  2. Examples
    1. GST Cess Settlement between Centre and States
    2. WB not Implementing Centre Funded Scheme
    3. Office of Governor being used as Carrier of Message of Centre
      
      Example: Tamil Nadu
    4. Usage of CBI on States by Centre
      
      States have withdrawn General Consent Between CBI
    5. Centrally Govt Changed the Rules of All India Services
  3. Issues Arise Especially when Centre and State are of Different Parties
- Sample Mains Question

Local Government in India (LGB - Local Government Bodies)
- Three Tier Govt System added by 73rd & 74th CAA
  1. Urban Local - Municipality
  2. Rural Local - Panchayat
- Background
  1. Given Constitutional Status by 73rd CAA, 1992 → Panchayat
  2. Given Constitutional Status by 74rd CAA, 1992 → Municipality
  3. They were there before 1992 but were not of constitutional status
  4. Municipalities are older than panchayats
  5. Lord Ripon is the Father of Local Government in India
  6. After 26 Jan 1950, Local Govt is Item No 5 in State List. Hence State can Legislate it. They used to decide to have a panchayat and municipality
  7. There was no uniformity in
    1. The Structure of M&P
    2. The Existence of M&P
    3. The Rules of M&P
- What is its Significance & Importance
  1. Accountability
  2. De Centralisation of Power
  3. Gadhis View of Ram Rajya and Village Swaraj
  4. For Uniformity in Indian M&P
- By the Narsimha Rao Govt. This amendments were brought
  1. States had to Establish M&P Madatory
  2. Strucural Uniofrmity was Brought in Panchayats
    
    Levels Were
    1. District Panchayat
    2. Intermediate Panchayat
    3. Village Pachayats
  3. Strcuture of Muncipality was Given
    
    Levels Were
    1. Transitional Municipality
    2. Municipality
    3. Municipal Corporation
- Objective of Giving Constitutional Status
  1. Decentralising Power
  2. Bringing Democracy at Grassroot Level
  3. Ensures Accountability of Local Govt to Local People
  4. To Increase People Participation
- 73rd CAA, 1992
  1. Introduced Part 9 as Panchayats from Art 243 to 243 O
  2. Inserted a New Schedule as Schedule 11 of the Constitution with 29 Functional Items
    
    Example: Fisheries, Roads, Animal Husbandry, Sanitation
  3. Art 243 G - Legislature ay empower the Panchayat to take care of any of the functional items
    1. They have no Legislatures
    2. Local Govt is an Item in State List
    3. State Govt has to make laws, from the 29 Items of Sch 11 for the Local Government to Make Laws on it
- 74th CAA, 1992
  1. Inserted in Part 9A of of the Constitution
  2. Inserted Schedule 12 of the Constitution
  3. Functional Items for Municipalities is 18 in Number
    
    Example: Urban Planning, Urban Poverty, Fire Services, Registration of Births and Deaths
  4. Art 243 W: Legislatures can epower the Local Bodeis to Carry out any of the functions through an act of state legislature
- Provision of Panchayats & Municipalities
  
  Note: In Case of Lok Sabha and State Leg Dissolved, there is a Re Election for the New 5 Year Term
  
  In Case of Village Panchayat, After Pre Mature Dissolution & Re Election, panchayat will be for Remainder of the Term.
  
  The Re Election will not happen only when the New Election Time is less than 6 Months
  
  Note: There is Difference Between Re Election and By Election
  
  | Panchayat | Municipalities | | --- | --- | | Art 243 Defitintion Rural Local Self Govt | Art 243 P Definition Urban Local Self Government | | Article 243 A Gram Sabha at Rural Level Compulsory Gram Sabha at Village Level
  
  Perform Such Function as the State Leg may determine by Law | | | Art 243 B: Constitution of Panchayats → Three Tier
  
  This Structure is a Must Exception: If Any State has Population Less than 20 Lac, it can directly have district panchayat without the use of Intermediate Panchayat
  
  Village: Intermediate: District: | Art 243 Q: Constittuion of Municipaltities
  
  Nagar Panchayat: Transitional Area Municipal Council: Smaller Urban Area Municipal Corporation: Larger Urban Area (Usually Population > 10 Lacs)
  
  Transitional Area from Rural to Urban, Like Agri Reduced & Industry Increased | | Art 243 C: Composition of Panchayats
  
  State Legislature May by Law Detrmine
  1. Composition
  2. Election of Members & Chairpersons
  Direct Elections(FPPS) for Members at all 3 Levels (Territorial Constitutencies)
  
  Chiarperson at Village Level (Sarpanch) (Depends on Law Passed by State Legislature)
  
  Chaiperson at Intermediate & District Level from the Among the Elected Members | Art 243 R: Composition of Municipalities
  
  State Legislature may by Law
  
  State Legislature may by Law
  1. Composition
  2. Manner of Election of Chairpersons
  3. All Members by Direct Election | | Art 243 D: Reservation of Seats
  4. SC / ST Reservation in Proportion to Population
  5. Chaieperson in Panchayat for SC / ST - decided by State Leg
  6. Women - 1/3rd Seats to be Reserved for Women in Case of Members & also Chairpersons
  7. OBC - Reservation of Seats & Chairperson as determined by Law of State Legislature
  Reservation for women and SC&ST can be Adjusted in the same seat | Art 243 T: Reservation of Seats
  1. SC / ST Reservation in Proportion to Population
  2. Chaieperson in Panchayat for SC / ST - decided by State Leg
  3. Women - 1/3rd Seats to be Reserved for Women in Case of Members & also Chairpersons
  4. OBC - Reservation of Seats & Chairperson as determined by Law of State Legislature | | Art 243 E: Duration of Panchayats
  5 Years, unless sooner dissolved, New Panchayat constituted for Pre Mature dissolution only for Reamining term
  
  New Panchayat to be constituted only when Remainder Period is at Least 6 Months | Art 243 U: Duration of Municipality
  
  5 Years, unless sooner dissolved, New Municipality constituted for Pre Mature dissolution only for Reamining term
  
  New Panchayat to be constituted only when Remainder Period is at Least 6 Months | | Art 243 F: Disqualification of Membership
  1. If he/she is disqualified under any law for election to state legislature concerned (Generally According to RPA 1951)
  2. If he is less than 21 Years
  3. If he is so disqulified by or under any law made the by the legislature of the state (may vary from state to state) → for Grievance an appropriate authority will be made
  4. Any Question of Disqualification may be referred to such authority or amy be determined by state leg by Law | Art 243 F: Disqualification of Membership
  5. If he/she is disqualified under any law for election to state legislature concerned (Generally According to RPA 1951)
  6. If he is less than 21 Years
  7. If he is so disqulified by or under any law made the by the legislature of the state (may vary from state to state) → for Grievance an appropriate authority will be made
  8. Any Question of Disqualification may be referred to such authority or amy be determined by state leg by Law | | Art 243 G: Powers Authroities and Responsibilities of Panchayats
  State Leg may by law provide such authorities to panchayat | Art 243 W: Powers Authroities and Responsibilities of Municipalities
  1. To Enable them to perform Institutions of Self Govt (Any or all items mentioned in 12th Schedule)
  2. State Leg by Law | | Art 243 H: Power to Imposes Taxes and Funds of Panchayat
  State Leg by Law Authorise the Panchayats
  1. Levy Collect & Appropriate Duties & Tolls
  2. Assign, Such Taxes, Duties
  3. Grant in Aid
  4. Constitution Fund (They can have ther constitution of funds by means of Law made by State Leg) | Art 243 X: Power to Imposes Taxes and Funds of Municipalities State Leg by Law Authorise the Panchayats
  5. Levy Collect & Appropriate Duties & Tolls
  6. Assign, Such Taxes, Duties
  7. Grant in Aid
  8. Constitution of thier own Fund | | Art 243 I: Constitution of State Finance Commission for Panchayats
  9. Respo of Governor to appoint State Finance Commission
  10. Composition: State Legislature
  11. Functions 3.1 Distribution of Net Proceeds 3.2 Tolls, Fees, Duties, Taxes - Assigned to or appropriated by the Panchayats 3.3 Grant in Aid 3.4. Other Matter Referred by the Governor | Art 243 Y: Constitution of State Finance Commission for Municipalities
  | | Art 243 K: Elections to Panchayat State Election Commission Appointed by Governor
  
  SEC Removal can be done in the same manner as the Judge of a High Court
  
  Conditions of Service cannot be caried to his disadvantage
  
  State Leg can make law for conduct of elections; Sub to Provisions of the Constitutions | Art 243 ZA: Elections to Municipality | | Art 243 L: Application to UT
  
  Subject to Such Modifications as the Preisdent may Specify | Art 243 ZB: Application to UT | | Not Applicable to Panchayats | Art 243 ZD: Committee for District Planning (DPC)
  1. District Panning Committee for each District → Consolidation of Plans by DPC
  2. Composition as Decided by Law made by State Leg
  3. Chairperson of DPC; Forwards the Plan to State Govt (Not Binding on State Govt) | | Not Applicable to Panchayats | Art 243 ZE: Metropolitan Planning Committee
  4. Metropolitan Planning Commiittee; Draft Plan - Metropolitan Area
  5. Composition as decided by Law of State Leg
  6. Chairperson of DPC; Forwards the Plan to State Govt (Not Binding on State Govt) |
- Compulsory & Voluntary Provisions in 73rd and 74th CAA
Local Governance in Tribal Area
- Provision of Fifth and Sixth Schedule of the Constitution
  1. President can declare an area to be Scheduled Area wrt Art 74
  2. A Tribal Advisory Council shall be established. On its aid and advice the Governor will be advised on how the administration of scheduled area has to be done
  3. Amendment to the Schedule 5 of the Constitution can be done by a simple majority or ordinary law. it is not an Amendment under Art 368
  4. Certain States Like Assam, Meghalaya, Tripura, Mizoram → Within State certain Tribal Districts are Protected under Schedule 6 of the Constitution
  5. Here in Tribal Districts there shall be a Autonomous District Council they can make their own Laws wrt Marriage and Other Social Aspects of Life
  6. Here Changes in Schedule 6 is not an amendment under Art 368 and it can be done by an act of simple majority
- Will Panchayat System Extend upto Schedule 5 & 6 ?
  1. Parliament while making the Law did not apply Third Tier Government System to Sch 5 & 6
  2. Here PESA Act was Passed → Panchayat Extension to Schedule Areas Act, 1996
  3. Here Gram Sabha under PESA has more power than the Actual 73rd CAA Gram Sabha like
    1. Gram Sabha will decide Schemes and Policies
    2. Can Decided about Minor Forest Produce
    3. Can identify Beneficiaries
  4. PESA is applicable to only 5th Schedule Area → Major Objective is to Promote Self Governance
  5. Hence
    1. Normal Rural Area - 73rd CAA
    2. Sch 5 Area - PESA
    3. Sc 6 Area - Autonomous District Council
Problem with Regards to Implementation of Local Governance in India
- Abbreviations Used
  
  SPV - Special Purpose Vehicles or Institution
  
  MPLAD - Member of Parliament Local Area Development Fund
  
  MLALAD - MLA Local Area Development Fund
  
  DPC - District Planning Committee
  
  MPC - Metropolitan Planning Committee
For Implementation of Smart City Mission, MPC is needed. Here it is either Not Constituted or it is not empowered

Here Rural Development Agency, is a SPV and it has bypassed Local Bodies

Here Development may happen, but the Idea of Grassroot Democracy by Means of Elected Representatives at Village Level does not Occur
Model Case Studies for Local Governance
1. Kerala Case Studies - For Panchayats
2. Bangalore Metropolitan Local Governance Reforms - For Metropolitan Corporation
ARC Recommendation on LGB
1. It recommended improvement in
  1. Finances - Funds
  2. Functions - to be empowered
  3. Functionaries - Skill
2. It said that initially it might be time consuming but once developed it will be really useful

Constitutional Bodies
- Meaning of Constitutional Bodies
  
  If something is mentioned in the constitution then it is not sure that it is a constitutional body
  
  Constitution may say that it is a Body that may be estab by means of Law
  
  Constitutional Body is a Body which is Directly Established by Constitution itself
- Election Commission of India
  1. To Ensure Free and Fair Election
  2. Art 324 Says there shall be an Election Commission
  3. Responsibility is to Direct, Control and Supervise Election in our Country
  4. They have to carry out Elections of LS, RS, State Leg, State Leg Council, Election of President and Vice President
  5. State Election Commission → Election of Panchayat and Municipalities
  6. CEC & Election Commissioners as may be determined by the President time to time
    
    Here the Composition is NOT Mentioned in the Constitution
    
    By Conventional Practise, from 1989 we have on CEC and 2 EC
    
    Constitution only says that if there are other election commissioners, then the CEC may be made as Chairman of EC
  7. Privilege of CEC
    1. Based on Law made by Parliament → Position of CEC and Other EC is same
    2. He is the only Chairman
    3. The Decisions are taken only on the basis of Majority Votes
  8. Regional Commissioners
    1. President can appoint, if they want wrt Art 74
    2. for 4 to 5 states one regional commissioner
  9. CEO - Chief Electoral Officer
  10. Hierarchy
    1. CEC + 2 EC → Appointed by President
    2. Regional Commissioners → Appointed by President
    3. Chief Electoral Officer → Appointed by CEC
  11. Service Conditions are decided by Means of Parliamentary Law → Election Commission Act of 1991
  12. Removal of CEC
    
    He can be removed in the same manner as the Judge of a Supreme Court
    
    The Process has been made hard so as to make the position of CEC Independent so that he can conduct a Free and Fair Election
    
    Same Grounds of Misbehaviour and Mental Incapacity
  13. President with the Recommendation of CEC can remove the EC
    
    Hence EC have to maintain good relations with EC
  14. Case
    1. 1990 - President of India Appointed CEC and 2 EC
    2. Then President Removed EC
    3. Here there was no recommendation of CEC
    4. EC went to SC against President
    5. Here President was NOT Wrong according to SC
    6. as post was scraped and not they were removed
  15. Manpower
    1. They do NOT have Permanent Manpower
    2. It is the Responsibility of President and Governor to Provide Manpower
    3. Hence, Govt Teacher, State Police, IAS can be deputed by Pres and Gov→ During Deputation Election Commission can Punish them
  16. Detailed Process for the Elections has been made by Parliament by means of RPA 1951 and RPA 1950
  17. Criticism of Election Commission
    1. Election Commission of India wanted the Same Grounds for Removal of Election Commissioners like that of CEC
    2. as of Now Election Commission of India doesn't have permanent Secretariat
      
      Not even few permanent officials → There should be some minimal staff for the same
      
      There by Insulating other people from within the Govt in the Process of Election Commission
    3. Expenditure of Election Commission is MADE from the Consolidated Fund of India. It should be Charged Expenditure
      
      Even the CAG is Charged Expenditure
    4. There is No Cooling Off Period for the CEC or EC to get into some other posts
- Comptroller and Auditor General of India
  - Introduction
    1. Art 148 of the Constitution Provides for Establishment of Office of CAG
    2. Appointed by the President by a Warrant under his hand and seal
    3. He makes the Government Accountable for each and every single penny that Government Spends. Hence Prevents Financial Arbitrariness of the Government
  - Why is it called so ?
    
    It is Merely a British Legacy
    
    He is NOT a Comptroller - Someone whose permission is needed to withdraw Fund
    
    In India he is merely a Auditor General → Who Audits
    
    In India Comptroller is → Parliament of India
  - Constitutional Safeguard
    1. Removal → Like CEC and Judge of a Supreme Court
    2. Salary and Service Conditions → By An Act of Parliament
      
      It is NOT be President
    3. His Positions cannot be and should not be varied to his Disadvantage
    4. Office Expenses, Salaries and Allowances of Members of the Officers, Charged on the CFI
  - Duties and Power of the CAG Art 149
    1. Decided by An Act of Parliament → CAG ( Duties Powers and Conditions of Service Act, 1971)
    2. Audit of Income and Revenue for Centre and State
    3. Audit of Receipts and Expenditure of Union and States
    4. Compile Accounts of Centre - CGA - Compiler General of Accounts
    5. He Performs Financial Audits but he can perform Audit of Wisdom as well - Where and How can it be spent better
    6. Audit of PSU and Government Companies and Corporation etc
  - Audit Reports Art 151
    1. Union Reports - President - Parliament
    2. State Reports - Governor - State Legislators
  - Criticism
    1. Language of the CAG - Very Technical
    2. Timely Report of the CAG
    3. There is NO Technical Qualification for the CAG. It's a very specialised Job for a Specialised Jobs
    4. There is NO Specific Body for the Appointment of CAG
  - CAG Is NOT Eligible for Further Appointment. He cannot be Re Appointed as well
- PSC - Public Service Commission
  - Purpose
    1. It an Independent Body because it is entrusted with Responsibility of Most Important Officers
    2. There may be Nepotism & Not on Basis of Merit. If left to the Government
  - PSC for Union and State u/a Art 315
    1. Art 315 Says that there shall be a UPSC and SPSC - Constitutional Body
    2. Enables Parliament to Establish JSPC - Statutory Body if Established
      
      in 1996 there was of Haryana and Punjab
    3. On Request of Governor, With Approval of the President ; UPSC may serve any needs of the State
    4. Disciplinary Actions Opinion
    5. Recruitment to Central Government, All India Services and States
  - Appointment and Term of Office Members - Art 316
    1. Chairman and Members of UPSC and JPSC are appointed by President
    2. SPSC by Governor
    3. 1/2 of Members of Every Service Commission should have held ; at least 10 Years of Service ; either Under GoI or State at the Time of Appointment
    4. During Vacancy of Chairman, Pres may temporarily appoint another member as Chairman until new Chairman is Appointed in case of JPSC and UPSC
      
      Same for SPSC by Governor
    e. Term of Office
    1. 6 Years of 65 Years - UPSC
    2. 6 Years of 62 Years - SPSC & JPSC
  - Removal and Suspension
    1. They are Adjudicating Insolvent
    2. Engaged in Paid Employment outside the Office
    3. Physical Disability or State of Mind → Infirmity of State or Mind
    4. On Grounds of Misbehaviour, only after making reference to the Supreme Court
      
      Pending such enquiry by Supreme Court, the President (UPSC/JPSC) and Governor (SPSC) can suspend the Chairman or Members
      
      Governor can suspend but CANT Remove for SPSC Also
      
      SPSC Removal by President after SC tells to remove
  - Powers to Make Regulations and Conditions of Service (Art 318)
    
    UPSC and JPSC - President
    
    SPSC - Governor
- Other Constitutional Bodies
  1. Art 338 - National Commission for Scheduled Caste
  2. Art 338 A - National Commission for Scheduled Tribes
  3. Art 338 B - National Commission for Backward Class
  4. Functions
    1. Policy Research
    2. Awareness About Rights
    3. Constitutional and Legal Rights Addressed
    4. Look into Violation of Rights
  5. Criticism
    1. They are Politicised in Function
    2. Their Recommendation are merely recommendatory
Statutory Bodies
1. Basics to Know About
  1. By an Act of Parliament or State Legislature
  2. There has to be an Object or Objective
  3. What is the Composition of that Body - Not So Important
  4. Functions of the Body - Related to Objective
  5. Criticism are Generally Same
  6. Suggestions are Generally Same
2. Important Statutory Bodies
  1. National Human Rights Commission, 1993
  2. Central Information Commission, 2005
  3. National Commission for Women, 1992
  4. National Commission for Minorities, 1992
  5. National Commission for Protection of Child Rights, 2005
  6. Lokpal 2013
3. Criticism
  1. Politicisation of Appointment
  2. Toothless Tiger → Except for Lokpal & Central Information Commission → All are Recommendatory in Nature
  3. Irregularity of Fund & Lack of Financial Resources
4. Suggestions
  1. Giving Constitutional Status can lessen the inefficiency of these commissions
  2. Merely Giving a Constitutional Status can't be the Solution
  3. For Politicisation Issue - There should be a Similar Select Committee
  4. Statutory Backing - For Govt to give it in writing that why any act has been done
  5. appropriate Backing has to be given by means of Political Will
Executive Bodies
- Meaning
  1. Created by An Executive Order - Like by Cabinet Ministers
  2. by an Executive Order or Executive Resolution
- NITI Aayog
  1. NITI Aayog Replaced erstwhile Planning Commission in India
  2. National Institution for Transforming India
  3. Its a Think Tank for the Government
  4. Gives no of Policy Proposal for Govt
- CBI
  1. Premier Investigating Agency of Central Govt - Headed by Rank of IG of Police called Director CBI
  2. It is NOT Created by a Law but by Means of Executive Order
  3. Before Independence, During WW2 it was formed to investigate war corruption activities under ministry of defence
  4. It is under DoPT now
  5. They Derive Powers from Act called Delhi Special Police Establishment Act, 1946
  Home Work : Look at Reforms for CBI
- ED - Enforcement Directorate
  1. Under Ministry of Finance
  2. Implements
    1. PMLA Act - Prevention of Money Laundering Act
    2. FEMA Act - Foreign Exchange Management Act
- NCB - Narcotic Control Bureau

Representation of People Act

Introduction
1. Art 324
2. Art 327
3. RPA Act was passed by Provisional Parliament as RPA, 1950 & RPA 1951
4. Elections for Both Parliament and State Legislature
Why Two Laws were Needed ?
1. Segregate so as to what the Election Commission has to do before the Election itself
2. Two Sets of Laws for
  1. RPA 1950 - Before & After Conduct of Elections
  2. RPA 1951 - Actual Conduct of Election
RPA, 1950 - Not So Important
1. Before the Actual Conduct of Election
2. Consolidation of all order passed by Delimitation Commission for specifying Constituency
3. To Prepare Electoral Role
4. Allocation of Seats - House of People, Legislative Assembly and Council
5. EC ensures how the seats have to be filled as a Single Member Constituency
6. Preparation of Electoral Roles by CEO (usually senior IAS Officer) appointed by CEC
7. CEO is assisted by DEO (District Electoral Officer - Generally DM / Collector)
8. Eligible for Voting unde UAF subject to Disqualification Criteria
  1. You should be 18 Years of Age
  2. You Should be a Ordinary Resident of India
  3. You Should be a Citizen of India
  4. You Should be a Person of Sound Mind
  5. You Should be Eligible to vote under law and Not be debarred from Voting under Law for Time Being
    
    By Means of Active Case & In Jails
9. Amendments to the Electoral Roll
  1. Earlier Cut of Date was only 1 i.e 1 January
  2. Now 4 Cut off Dates are there
    1. 1 January
    2. 1 April
    3. 1 July
    4. 1 October
  3. No Person should be Registered in More than One Constituencies
    
    Link Aadhar to Voter ID - to prevent duplication of votes
  4. Before EC was taking undertaking from the Person
  5. Home Work : Issue of Linking Aadhar and Voter ID
RPA, 1951 - Very Important - Questions Every Year
1. Qualification of Membership of Council of States and House of People
  1. Elector in Parliamentary Constituency ; Not Necessarily from the Same Parliamentary Constituency
  2. From How Many Constituency can you contest an election from
    
    Earlier there was No Limit. With Amendment it was made to be 2 Only
2. Member of SC / ST to contest elections from Reserved Constituency
3. Qualification for Leg Assembly and Council
  
  Elector from any Parliamentary Constituency from that State
4. Disqualification and Conviction for Certain Offences
  1. In Constitution
    1. Citizenship
    2. Insolvency
    3. Office of Profit
    4. Unsound Mind
    5. In case of Defection
  2. Shall be Disqualified on the Basis of
    1. Protection of Civil Rights Act - He Practised Untouchability
    2. Customs Act
    3. UAPA
  3. Only Fine - No Election for Next 6 Years
  4. With Punishment - No Election for Next 6 Years from the date of completion of punishment
    
    Hence if Punishment is of 1 Years then for 7 Years he cannot contest election
  5. Other than this Offences - Not Mentioned in RPA - Lily Thomas Case
    1. Imprisonment < 2 Years - No Disqualification
    2. Imprisonment Minimum of 2 Years → No Immediate Disqualification + Can Contest Election + Temporary Vacancy
    3. Imprisonment > 2 Years → Immediate Disqualification + No Election for the Next 6 Months
  6. Corrupt Practises - Raj Narayan Case
  7. Engaged in Govt Contracts leads to Conflict of Interest. Example Hemant Soren
  8. Disqualification - Dismissal for Corruption or Disloyalty - Cooling Off Period is 5 Years
    
    EC will recommend the President after the Quasi Judicial Process
    
    Govt Servants Disqualified for 5 Years
    
    Remedy within 30 or 40 Days to challenge disqualification in High Court
    
    Can go to SC
5. Sections Dealt with are Section 8 & Section 9
6. Election Notification by President for Council of States & House of People on recommendation of Election Commission
7. Legislative Assembly and Legislative Council
8. Duties and Powers of Administrative Officers
  1. CEO
  2. DEO
  3. Returning Officer - Nomination Paper Accepted Rejected
  4. Presiding Officer
  5. Election Agents of Political Parties
9. Registration of Political Parties
  
  Cant do Deregistration
10. Nomination Candidates
11. Moral Code of Conduct for Elections
12. Conduction of Pollings
13. Counting of Votes
14. Declaration of Results
15. Vacation of Seats - Not to be a Member of Both the Houses of Simultaneously
  
  may specify rules; failing which seats in all legislatures become vacant
16. Home Work : Google Election Symbol
17. Home Work : Amendments to RPA
18. Home Work : State and National Party
19. Home Work : Difference between Delisting and Deregistering by Election Commission

Pressure Groups
- Introduction
Types of Pressure Groups
- Formal Pressure Groups
  1. Pressure Groups which have well established Institutional Structure are called Formal Pressure Groups
  2. Example:
    1. Industry : FICI, ASSOCHAM
    2. Trade Union : AITUC, CITU
    3. Professional Groups : IMA, Bar Council, Indian Bank Association
- Informal Pressure Groups
  1. Pressure Groups that does not have well established Institutional Structure
  2. Example
    1. People Movement by Anna Hazare ( India Against Corruption) - led to Lokpal
    2. Chipko Movement
    3. Maratha Agitation
    4. Patidar
  3. Methods / Functioning of Pressure Groups - Add from PPT by Sir
    1. Electioneering
    2. Lobbying
    3. Propagandizing
      
      Ex: Anna Hazare India Against Corruption
- Difference Between Political Parties and Pressure Groups
- Similarities Between Political Parties and Pressure Groups
Role of Civil Services in Democracy
- Definition
- Roles of Civil Servants
- Features of Civil Servants
- Issues in Civil Services
- Lateral Entry
- Reforms in Civil Services
- Civil Services Bill