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10th Mar 23 | Nikaalo Prelims- Mini test 7 (Inflation, Banking and Monetary Policy)
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10th Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || Inflation, Banking and Monetary Policy
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
Join our Official telegram channel for Study material and Daily Sessions Here
10th Mar 2023
Inflation, Banking and Monetary Policy
Inflation
Understanding Inflation
Inflation: Inflation is when the overall general price level of goods and services in an economy is increasing. As a consequence, the purchasing power of the people are falling.
Inflation Rate: Inflation Rate is the percentage change in the price level from the previous period.
Inflation Rate= {(Price in year 2 – Price in year 1)/ Price in year 1} *100
Whole sale Price Index: WPI is used to monitor the cost of goods and services bought by producer and firms rather than final consumers. The WPI inflation captures price changes at the factory/wholesale level.
GDP Deflator: GDP Deflator is the ratio of nominal GDP to real GDP. The nominal GDP is measured at the current prices whereas the real GDP is measured at the base year prices.
The Difference
Consumer Price Index GDP Deflator CPI reflects the price of goods and services bought by the final consumers. GDP deflator reflects the price of all the goods and services produced domestically. Example: Suppose the price of a satellite to be launch by ISRO increases. Even though the satellite is part of the GDP of India, but it is not a part of normal CPI index, since we don’t consume satellite. The price rise of the ISRO satellite will be reflected in GDP deflator. Similarly, India produces some crude oil, but most of the oil/petroleum is imported from the West Asia, as a result, when the price of oil/petroleum product changes, it is reflected in CPI basket as petroleum products constitute a larger share in CPI. The price change of oil products is not reflected much in the GDP deflator since we do not produce much crude oil. The CPI compares the price of a fixed basket of goods and services to the price of the basket in the base year. The GDP deflator compares the price of currently produced goods and services to the price of the same goods and services in the base year. Thus, the group of goods and services used to compute the GDP deflator changes automatically over time. Producer Price Index
PPI measures the average change in the sale price of goods and services either as they leave the place of production or as they enter the place of production. Moreover, PPI includes services also.
The PPI measure the price changes from the perspective of the seller and differs from CPI which measures price changes from buyer perspective.
Causes of Inflation
Inflation is mainly caused either by demand Pull factors or Cost Push factors. Apart from demand and supply factors, Inflation sometimes is also caused by structural bottlenecks and policies of the government and the central banks. Therefore, the major causes of Inflation are:
- Demand Pull Factors (when Aggregate Demand exceeds Aggregate Supply at Full employment level).
- Cost Push Factors (when Aggregate supply increases due to increase in the cost of production while Aggregate demand remains the same).
- Structural Bottlenecks (Agriculture Prices fluctuations, Weak Infrastructure etc.)
- Monetary Policy Intervention by the Central Banks.
- Expansionary Fiscal Policy by the Government.
Demand and Supply factors can be further sub divided into the following:
Inflationary Gap: the Inflationary gap is a situation which arises when Aggregate demand in an economy exceeds the Aggregate supply at the full employment level.
Deflationary Gap: Deflationary Gap is a situation which arises when Aggregate demand in the economy falls short of Aggregate Supply at the full employment level.
Stagflation: The falling growth along with rising prices makes cost push inflation more dangerous than the demand-pull inflation. The situation of rising prices along with falling growth and employment is called as stagflation.
Hyperinflation: Hyperinflation is a situation when inflation rises at an extremely faster rate. The rate of inflation can increase from 50 times to 300 times. The major causes of the hyperinflation are; government issuing too much currency to finance its deficits; wars and political instabilities and unexpected increase in people’s anticipation of future inflation.
Structural Inflation
- Structuralist Inflation is another form of Inflation mostly prevalent in the Developing and Low-Income Countries.
- The Structural school argues that inflation in the developing countries are mainly due to the weak structure of their economies.
Deflation: Deflation is when the overall price level in the economy falls for a period of time.Deflation is when, for instance, the price of a basket of goods has fallen from Rs 100 to Rs 80. It’s the reduction in overall prices of goods.
Disinflation: Disinflation is a situation in which the rate of inflation falls over a period of time. Remember the difference; disinflation is when the inflation rate is falling from say 5% to 3%.
Headline versus Core Inflation
The headline inflation measure demonstrates overall inflation in the economy. Conversely, the core inflation measures exclude the prices of highly volatile food and fuel components from the inflation index.
Core inflation excludes the highly volatile food and fuel components and therefore represents the underlying trend inflation.
Banking and Monetary Policy
What is monetary policy?
As the name suggests it is policy formulated by monetary authority i.e. central bank which happens to be RBI in case of India.
It deals with monetary i.e money matters i.e. affects money supply in the economy.
Eg. CRR,SLR,OMO,REPO etc
What is fiscal policy then?
It is formulated by finance ministry i.e. government. It deals with fiscal matters i.e. matters related to government revenues and expenditure.
Revenue matters- tax policies, non tax matters such as divestment, raising of loans, service charge etc
Expenditure matters– subsidies, salaries, pensions, money spent on creation of capital assets such as roads, bridges etc.
Monetary policy and fiscal policy together deal with inflation.
Source-econ100-powers
Let us now understand how RBI formulates monetary policy to control inflation
It’s clear from what we have learnt so far that to control inflation, RBI will have to decrease money supply or increase cost of fund so that people do not demand goods and services.
Tools available with RBI
Monetary Policy Tools
- Quantitative tools or general tools- they affect money supply in entire economy- housing, automobile, manufacturing, agriculture- everything.
They are of two types
- Cash Reserve Ratio (CRR)– as the name suggests, banks have to keep this proportion as cash with the RBI. Bank cannot lend it to anyone. Bank earns no interest rate or profit on this.Bank cannot lend it to anyone.
- Statutory Liquidity Ratio (SLR)- As the name indicates banks have to set aside this much money into liquid assets such as gold or RBI approved securities mostly government securities. Banks earn interest on securities but as yield on govt securities is much lower banks earn that much less interest.
RBI Tools for Controlling Credit/Money Supply
Broadly speaking, there are two types of methods of controlling credit.
Measure of Money Supply in India
M1 M2 M3 M4 It is also known as Narrow Money. It is a broader concept of the money supply. It is also known as Broad Money. M4 includes all items of M3 along with total deposits of post office saving accounts. M1= C+DD+OD C= Currency with Public.
DD= Demand Deposit with the public in the Banks.
OD= Other Deposits held by the public with RBI.
M2= M1 + Saving deposits with the post office saving banks. M1 is distinguished from M2 because the post office saving deposits are not as liquid as Bank deposits.
M3 = M1+ Time Deposits with the Bank. Time deposits serve as a store of wealth and represent a saving of the people and are not as liquid as they cannot be withdrawn through cheques or ATMs as compared to money deposited in Demand deposits.
M4= M3+Total Deposits with Post Office Saving Organisations. M4 however, excludes National Saving Certificates of Post Offices.
It is the most liquid form of the money supply. M3 is the most popular and essential measure of the money supply. The monetary committee headed by late Prof Sukhamoy Chakravarty recommended its use for monetary planning in the economy. M3 is also called Aggregate Monetary Resource -
9th Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || National Income, Inclusive Growth and other Social Sectors related Schemes
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
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9th Mar 2023
National income, inclusive growth and other social sector related schemes
National Income
National income accounting refers to the set of methods and principles that are used by the government for measuring production and income, or in other words economic activity of a country in a given time period.
The various measures of determining national income are GDP (Gross Domestic Product), GNP (Gross National Product), and NNP (Net National Product) along with other measures such as personal income and disposable income.
National income accounting equation is an equation that shows the relationship between income and expense of an economy and other categories. It is represented by the following equation:
Y = C + I + G + (X – M)
Where
Y = National income
C = Personal consumption expenditure
I = Private investment
G = Government spending
X = Net exports
M = Imports
The most important metrics that are determined by national income accounting are GDP, GNP, NNP, disposable income, and personal income.
Methods of measuring National income
Issues associated with National Income accounting in India
(A) Problems in Income Method:
- Owner-occupied Houses
- Self-employed Persons
- Goods meant for Self-consumption
- Wages and Salaries paid in Kind
(B) Problems in Product Method:
- Services of Housewives
- Intermediate and Final Goods
- Second-hand Goods and Assets
- Illegal Activities
- Consumers’ Service
- Capital Gains
- Inventory Changes
- Depreciation
- Price Changes
(C) Problems in Expenditure Method:
- Government Services
- Transfer Payments
- Durable-use Consumers’ Goods
- Public Expenditure
Inclusive growth
- As per OECD (Organisation for Economic Co-operation and Development), inclusive growth is economic growth that is distributed fairly across society and creates opportunities for all.
- UNDP has described inclusive growth as “the process and the outcome where all groups of people have participated in growth and have benefited equitably from it”.
- It lessens the fast growth rate of poverty in a country and upsurges the participation of people into the development of the country.
Salient Features of Inclusive Growth
- Address the constraints of the excluded and marginalised.
- Participation from all sections of society
- Reduction in disparities among per capita incomes between different sectors and sections of society.
- Non – discriminatory
- Higher potential of poverty reduction
- Ensure access of people to basic infrastructure and basic services/capabilities such as basic health and education.
- Include poor, lagging socio – economic groups and lagging regions as well as they are partners in this growth.
Dimensions of Inclusive Growth
- Equality
- Good Governance
- Decentralization
- Accountability and Transparency
- Sustainability
- Financial Sustainability
- Social Sustainability
- Environment Sustainability
Social Sector related schemes
The list of schemes can be found here
https://www.civilsdaily.com/type/govt-schemes/
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7th Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || Important Constitutional Amendements, Recent Acts passed
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
Join our Official telegram channel for Study material and Daily Sessions Here
7h Mar 2023
Important Constitutional amendments
Following Are The Major Amendments Made In The Constitution
First Amendment Act, 1951
- It empowers the states to make socio-economic justice with socially and economically backward classes.
- It was aimed at land reforms and Zamindari abolition.
- Added the ninth schedule to protect anti-zamindari laws from judicial review.
- Added public order, friendly relations with foreign states, and incitement to an offense as the additional grounds for reasonable restrictions on the freedom of speech and expression. It also made it justiciable.
- It provided that state trading and nationalization of any business would not be considered against the right to trade or business.
Fourth Amendment Act, 1955
- Empowered state to nationalize any trade.
- Provided that the compensation amount given by the state for the acquisition of property, can not be challenged in court on the grounds of insufficiency.
- Added more laws in the ninth schedule and expanded the scope of article 31 (C).
Seventh Amendment Act, 1956
- Reorganized the Indian states as 14 states and 6 UTs. Abolished the old A, B, C, and D categorization of states.
- Provided the common high court for two or more states, and extended the jurisdiction of HC to UTs. Also provided additional acting judges to HC
Ninth Amendment Act, 1960
- Provided for the cession of the Indian territory named Berubari Union ( West Bengal) to Pakistan as a commitment made under the Indo-Pakistan Agreement (1958). (The amendment was made for the reason that, under article 3, the parliament can alter the area of a state, however, it does not include the cession of Indian territory to a foreign state. It can only be done by amending the constitution itself.)
Tenth Amendment Act, 1961
Acquired the Dadra, Nagar and Haveli as a Union Territory from Portugal.
Eleventh Amendment Act, 1961
- Provided the new procedure of election for the vice president by introducing an electoral college.
- Also clear that any vacancy in the appropriate electoral college would not be the reason to challenge the election of the President or vice president.
Twelfth Amendment Act, 1962
Added Goa, Daman and Diu to the Indian Union.
Thirteenth Amendment Act, 1962
Made Nagaland a state and provided special provisions for it.
Fourteenth Amendment Act, 1962
- Added Puducherry to the Indian Union.
- The Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry are provided with legislatures and a council of ministers.
Seventeenth Amendment Act, 1964
- Made fair compensation (based on market value) compulsory for the state for the acquisition of privately cultivated land.
- Added 44 other Acts in the Ninth Schedule.
Eighteenth Amendment Act, 1966
- provided that the Parliament can form a new state by uniting a part of a state or a union territory to another state or union territory.
- Created Punjab and Haryana as new states.
Twenty-First Amendment Act, 1967
Added Sindhi as the 15th language in the Eighth Schedule.
Twenty Fourth Amendment Act, 1971
This Amendment Act was brought in the aftermath of the Golaknath case (1967) in which the Supreme Court held that the Parliament could not take away any fundamental rights through the constitutional amendment.
- It made it clear that the parliament has the power to amend any part of the constitution including article 13 by using article 368.
- Made it obligatory for the President to give assent to a Constitutional Amendment Bill.
Twenty-Fifth Amendment Act, 1971
- Curtailed the fundamental right to property.
- It made it clear that a law made to fulfill the provisions of the Directive Principles contained under Article 39 (b) or (c) cannot be challenged on the ground it violates the fundamental rights given in Articles 14, 19, and 31.
Twenty-Sixth Amendment Act, 1971
It removes the privy purses and privileges of the former monarchical rulers of princely states.
Thirty First Amendment Act, 1973
Reason for the Amendment:
- An increase in the population of India was revealed in the Census of 1971.
- Increased the number of Lok Sabha seats from 525 to 545.
Thirty-Third Amendment Act, 1974
It changed Articles 101 and 190 and provided that The Chairman/Speaker of the house can reject the resignation of MP if he found it ingenuine or non-voluntary.
Thirty-Fifth Amendment Act, 1974
- It changed the protectorate status of Sikkim and assigned it a status of an associate state of the Indian Union.
- The Tenth Schedule was added to fix the terms and conditions of such engagement of Sikkim with the Indian Union.
Thirty-Sixth Amendment Act, 1975
Gave a full-fledged State status to Sikkim and repealed the Tenth Schedule.
Thirty-Eighth Amendment Act, 1975
- Provided that the declaration of emergency by the President can not be challenged in a court of law.
- Provided that the promulgation of ordinances by the President, governors, and administrators of Union territories can not be challenged in a court of law.
- Provided that the President could declare different proclamations of national emergency on different grounds simultaneously.
Forty-second Amendment Act, 1976
It is also known as the ‘ Mini-constitution’, as it made very comprehensive changes to the constitution of India.
- It amended the preamble and added the words – socialist, secular, and integrity.
- Added Fundamental Duties for the citizens by including new Part IV A.
- Exclusively made cabinet advice binding on the president.
- By adding Part XIV A, it provided for administrative tribunals and tribunals for other matters
- It froze the seats for the Lok Sabha and state legislative assemblies census till 2001, on the basis of 1971.
- Restricted the judicial review for the constitutional amendment act.
- Limited the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
- Increased the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
- Included new Directive Principles – (a) equal justice and free legal aid, (b) participation of workers in the management of industries, and (c) protection of the environment, forests, and wildlife.
- Provided the proclamation of national emergency now for a part of the territory of India.
- Raised the one-time duration of the President’s rule in a state from earlier 6 months to one year.
- Created the All-India Judicial Service.
Forty-four Amendment Act, 1978
This was also the comprehensive amendment which was mainly brought to undo the actions of the 42nd amendment. It also introduced some important provisions.
- Changed the term of the Lok Sabha and the state legislative assemblies again to the original 5 years.
- Provided the president can send back the advice of the cabinet for reconsideration.
- changed the phrase “internal disturbance” with “armed rebellion” as a ground to proclaim a national emergency.
- Removed the right to property from the list of Fundamental Rights and provided it only as a legal right.
- Provided that fundamental rights under articles 20-21 can not be suspended during a national emergency.
Fifty-second Amendment Act, 1985
The Tenth schedule was added as a measure to the anti-defection issues.
Sixty-First Amendment Act, 1989
The legal voting age changed from 21 to 18 years for Lok Sabha as well as Legislative Assemblies.
Sixty-ninth Amendment Act 1991
- It provided a special status to Delhi as the ‘National Capital Territory of Delhi.’
- Provided a legislative assembly and the council of ministers for Delhi.
Seventy-first Amendment Act 1992
Added Konkani, Manipuri, and Nepali languages in the Eighth Schedule.
Seventy-Third Amendment Act 1992
- Provided constitutional status for the Panchayati Raj institutions.
- Added Part-IX and 11th Schedule
Seventy-fourth Amendment Act 1992
- Provided constitutional status for the Urban local bodies.
- Part IX-A and the 12th Schedule were added.
Eighty-sixth Amendment Act 2002
- Provided the Right to Education as a fundamental right (part III of the Constitution).
- The new article inserted Article 21A which made free and compulsory education for children between 6-14 years.
- Added a new Fundamental Duty under Article 51 A.
Eighty-eighth Amendment Act 2003
Provided Service Tax under Article 268-A – which was levied by Union and collected and appropriated by the Union as well as the States.
Ninety-second Amendment Act 2003
Added Bodo, Dogri (Dongri), Maithili, and Santhali in the Eighth schedule
Ninety-fifth Amendment Act 2009
Provided for the extended reservation for the SCs and STs and special representation to the Anglo-Indian community in the Lok Sabha and the state legislative assemblies for ten more years (Article 334).
Ninety-seventh Amendment Act 2011
- Part IX-B added to the constitution for cooperative societies and made it a constitutional right.
- The right to form cooperative societies became a fundamental right under Article 19.
- Article 43-B was inserted as a DPSP to promote cooperative societies.
101st Amendment Act, 2016
Provided for Goods and Service Tax (GST).
102nd Amendment Act, 2018
The National Commission for Backward Classes (NCBC) became a constitutional body.
103rd Amendment Act, 2019
Granted 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15
104th Amendment Act, 2020
Changed the reservation of seats for SCs and STs in the Lok Sabha and state assemblies from Seventy years to Eighty.
Ended the reservation of seats for the Anglo-Indian community in the Lok Sabha and state assemblies.
Recent Acts passed
1. New Delhi International Arbitration Centre
(Amendment) Act, 20222. Energy Conservation (Amendment) Act, 20223. Wildlife Protection (Amendment) Act, 20224. Constitution (Scheduled Tribes) Order (Second
Amendment) Act, 20225. Central Universities (Amendment) Act, 20226. Delhi Municipal Corporation (Amendment)
Act, 20227. Criminal Procedure (Identification) Act, 20228. Chartered Accountants, the Cost and Works
Accountants and the Company Secretaries (Amendment) Act, 20229. Constitution (Scheduled Tribes) Order (Amendment)
Act, 202210. National Anti-Doping Act, 202211. Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Act, 202212. Indian Antarctic Act, 202213. Family Courts (Amendment) Act, 202214. Constitution (Scheduled Castes and Scheduled Tribes)
Orders (Amendment) Act, 202215. Constitution (Scheduled Tribes) Order (Fourth
Amendment) Act, 2022.Refer website https://prsindia.org/acts/parliament?title=&year=2022 to read more about the acts passed in 2022 and 2023. -
6th Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || Judgements and Important Provisions/Articles/Schedules of the Indian Constitution
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
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6th Mar 2023
Important Judgements of Indian constitution
Case
Relevance
A.K. Gopalan Case (1950)
SC contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21.
Shankari Prasad Case (1951)
This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution.
Berubari Union case (1960)
This case was regarding the Parliament’s power to transfer the territory of Berubai to Pakistan. The Supreme Court examined Article 3 in detail. 9th Amendment Act was passed to enforce the agreement.
Golaknath case (1967)
SC contented that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13. Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution.
Kesavananda Bharati case (1973)
This judgement defined the basic structure of the Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
Maneka Gandhi case (1978)
The SC held that right to go abroad is included in the Right to Personal Liberty. The SC also ruled that the mere existence of an enabling law was not enough to restrain personal liberty.
Indra Sawhney and Union of India (1992)
SC examined the scope and extent of Article 16(4), and upheld the constitutional validity of 27% reservation for the OBCs with certain conditions (like creamy layer exclusion, no reservation in promotion, total reserved quota should not exceed 50%, etc.)
Minerva Mills case (1980)
The judgement struck down 2 changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violative of the basic structure.
Shah Bano Begum case (1985)
Milestone case for Muslim women’s fight for rights. The SC upheld the right to alimony for a Muslim woman and said that the Code of Criminal Procedure, 1973 is applicable to all citizens irrespective of their religion.
S. R. Bommai case (1994)
In this judgement, the SC tried to curb the blatant misuse of Article 356 (regarding the imposition of President’s Rule on states).
Vishaka and State of Rajasthan (1997)
This case dealt with sexual harassment at the workplace.
Lily Thomas v Union of India (2000)
Here, the SC held that the second marriage of a Hindu man without divorcing the first wife, even if the man had converted to Islam, is void unless the first marriage had been dissolved according to the Hindu Marriage Act.
I.R Coelho and State of Tamil Nadu 2007
This judgement held that if a law is included in the 9th Schedule of the Indian Constitution, it can still be examined and confronted in court.
Aruna Shanbaug Case (2011)
The SC ruled that individuals had a right to die with dignity, allowing passive euthanasia with guidelines.
NOTA judgement (2013)
This judgement introduced the NOTA (None-Of-The-Above) option for Indian voters.
Triple Talaq Judgement (2016)
The SC outlawed the backward practice of instant ‘triple talaq’, which permitted Muslim men to unilaterally end their marriages by uttering the word “talaq” three times without making any provision for maintenance or alimony.
Right To Privacy (2017)
The SC declared the right to privacy as a Fundamental Right protected under the Indian Constitution.
Important Provisions/Articles/Schedules of the Indian Constitution
Parts of the Indian Constitution
Subject Covered
Articles in Indian Constitution
Part I Union and its Territories Article 1-4 Part II Citizenship Article 5-11 Part III Fundamental Rights Article 12-35 Part IV Directive Principles Article 36-51 Part IV A Fundamental Duties Article 51A Part V The Union Article 52-151 Part VI The States Article 152-237 Part VII Note: 7th Amendment Act, 1956 repealed Part 7 – Part VIII The Union Territories Article 239-242 Part IX The Panchayats Article 243-243O Part IX A The Municipalities Article 243P-243ZG Part IX B Co-operative Societies Article 243ZH-243ZT Part X Scheduled and Tribal Areas Article 244-244A Part XI Relation between Union & States Article 245-263 Part XII Finance, Property, Contracts and Suits Article 264-300A Part XIII Trade, Commerce and Intercourse within the territory of India Article 301-307 Part XIV Services under the Union and States Article 308-323 Part XIV A Tribunals Article 323A-323B Part XV Elections Article 324-329A Part XVI Special Provisions relating to certain classes Article 330-342 Part XVII Official Languages Article 343-351 Part XVIII Emergency Provisions Article 352-360 Part XIX Miscellaneous Article 361-367 Part XX Amendment of the Constitution Article 368 Part XXI Temporary, Transitional and Special Provisions Article 369-392 Part XXII Short title, Commencement, and Authoritative Text in
Hindi and RepealsArticle 393-39 Part 1: Article 1 – Article 4
- Article 1 –Name of the union and its territories
- Article 2 –Acceptance and creation of the new state
- Article 3 – New state creation, as well as changes to the names, boundaries, and territories of existing states
Part 2: Article 5 – Article 11
- Article 5 –Citizenship at the time the Constitution first came into effect
- Article 6 –An individual’s citizenship rights after coming to India from Pakistan
- Article 10 –Maintenance of citizenship rights
- Article 11 –The right to citizenship will be governed by law by Parliament.
Part 3: Article 12 – Article 35
- Article 12 –The state’s definition
- Article 13 –Laws that violate or interfere with fundamental rights
The Indian Constitution originally outlined seven fundamental rights, but only six remain. The 44th Amendment Act of 1978 repealed the Right to Property under Article 31. Part XII of the Constitution was amended to create the legal right under Article 300-A.
- Right to Equality: Article 14 to Article 18
- Right to Freedom: Article 19 to Article 22
- Right to Exploitation: Article 23 to Article 24
- Right to Freedom of Religion: Article 25 to Article 28
- Cultural and Educational Rights: Article 29 to Article 30
- Right to Constitutional Remedies: Article 32
Part 4: Directive Principal of States Policy: Article 36 – 51
- Article 36 – Definition
- Article 37 – Application of DPSP
- Article 39A – Free legal representation and equal justice
- Article 40 – Forming a village panchayat
- Article 41 – Right to employment, education, and, in some circumstances, public support
- Article 43 – Living Wages, etc. for Workers
- Article 43A – Participation of workers in the management of industries
- Article 44 – Uniform civil code ( applicable in Goa only)
- Article 45 – Provision for free and compulsory education for children
- Article 46 – Promotion of educational and economic interest of scheduled castes, ST, and OBC
- Article 47 – Duty of the state to raise the level of nutrition and the standard of living and to improve public health
- Article 48 – Deals with agriculture and animal husbandry
- Article 49 – Protection of monuments, places and objects of natural importance
- Article 50 – Separation of judiciary from the executive
- Article 51 – Promotion of international peace and security
Part 5: Union: Article 52 – 151
- Article 52 –The President of India
- Article 53 –Executive Power of the union
- Article 54 –Election of President
- Article 61 –Procedure for Impeachment of the President
- Article 63 –The Vice Presidents of India
- Article 64 –The Vice-President to be ex-officio chairman the council of States
- Article 66 –Election of Vice-president
- Article 72 –Pardoning powers of President
- Article 74 –Council of ministers to aid and advise President
- Article 76 –Attorney General of India
- Article 79 –Constitution of Parliament
- Article 80 –Composition of Rajya Sabha
- Article 81 –Composition of Lok Sabha
- Article 83 –Duration of Houses of Parliament
- Article 93 –The speakers and Deputy speakers of the house of the people
- Article 105 –Powers, Privileges, etc. of the House of Parliament
- Article 109 –Special procedure in respects of money bills
- Article 110 –Definition of “Money Bills”
- Article 112 –Annual Financial Budget
- Article 114 –Appropriation Bills
- Article 123 –Powers of the President to promulgate Ordinances during recess of parliament
- Article 124 – Establishment of Supreme Court
- Article 125 – Salaries of Judges
- Article 126 –Appointment of acting Chief justice
- Article 127 –Appointment of ad-hoc judges
- Article 128 –Attendance of retired judge at sitting of the Supreme Court
- Article 129 –Supreme Court to be a court of Record
- Article 130 –Seat of the Supreme Court
- Article 136 –Special leaves for an appeal to the Supreme Court
- Article 137 –Review of judgment or orders by the Supreme Court
- Article 141 –Decision of the Supreme Court binding on all the courts
- Article 148 –Comptroller and Auditor-General of India
- Article 149 –Duties and Powers of CAG
Part 6: States: Article 152 – 237
- Article 153 –Governors of State
- Article 154 – Executive Powers of Governor
- Article 161 –Pardoning powers of the Governor
- Article 165 –Advocate-General of the State
- Article 213 –Power of Governor to promulgate ordinances
- Article 214 – High Courts for states
- Article 215 –High Courts to be a court of record
- Article 226 –Power of High Courts to issue certain writs
- Article 233 –Appointment of District judges
- Article 235 –Control over Subordinate Courts
Part Detail Part 7 Repealed: Article 238 Part 8 Union Territories: Article 239 – 242 Part 9 Panchayats: Article 243 – 243O - Article 243A – Gram Sabha
- Article 243B – Constitution of Panchayats
Part 9A Municipalities: Article 243P – 243ZG Part 9B Co-operative Societies: Article 243ZH – 243ZT Part 10 Scheduled and Tribal Areas: Article 244 Part 11 Center- State Relations: Article 245 – 263 Part 12: Finance, Property, Contracts and Suits: Article 264 – 300A
- Article 266 – Consolidated Fund and Public Accounts Fund
- Article 267 –Contingency Fund of India
- Article 280 –Finance Commission
- Article 300-A –Right to property
Part 13: Trade, Commerce and Intercourse within the territories of India: Article 301 – 307
- Article 301 – Freedom to trade, commerce, and intercourse.
- Article 302 –Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Part 14: Services Under Center and State: Article 308 – 323
- Article 312 –All- India-Service.
- Article 315 –Public service commission’s for the union and for the states
- Article 320 –Functions of Public Service Commission.
Part 14A: Tribunals: Article 323A – 323B
- Article 323A –Administrative Tribunals
Part 15: Elections: Article 324 – 329
- Article 324 –Superintendence, direction and control of Elections to be vested in an Election Commission.
- Article 325 –No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
- Article 326 –Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.
Part 16: Special Provisions to SC, ST, OBC, Minorities etc: Article 330 – 342
- Article 338 –National Commission for the SC, & ST.
- Article 340 –Appointment of a commission to investigate the conditions of backward classes.
Part 17: Official Language: Article 343 – 351
- Article 343 –Official languages of the Union.
- Article 345 –Official languages or languages of states.
- Article 348 –Languages to be used in the Supreme Court and in the High Courts.
- Article 351 –Directive for development of the Hindi languages.
Part 18: Emergency: Article 352 – 360
- Article 352 –Proclamation of emergency (National Emergency).
- Article 356 –State Emergency (President’s Rule)
- Article 360 –Financial Emergency
Part 19: Miscellaneous: Article 361 – 367
- Article 361-Protection of President and Governors
Part 20: Amendment of Constitution: Article 368
- Article 368 –Powers of Parliaments to amend the constitution
Part 21: Special, Transitional and Temporary Provisions: Article 369 – 392
- Article 370 –Special provision of J&K.
- Article 371A –Special provision with respect to the State of Nagaland
- Article 371-J –Special Status for Hyderabad-Karnataka region
Part 22: Short Text, Commencement, Authoritative Text in Hindi and Repeals: Article 392 – 395
- Article 393 – Short title – This Constitution may be called the Constitution of India.
Important Schedules of the Indian Constitution
Schedules
Articles of Indian Constitution
First Schedule Article 1 and Article 4 Second Schedule Articles: 59, 65, 75, 97, 125, 148, 158, 164, 186, 221 Third Schedule Articles: 75, 84, 99, 124,146, 173, 188, 219 Fourth Schedule Article 4 and Article 80 Fifth Schedule Article 244 Sixth Schedule Article 244 and Article 275 Seventh Schedule Article 246 Eighth Schedule Article 344 and Article 351 Ninth Schedule Article 31-B Tenth Schedule Article 102 and Article 191 Eleventh Schedule Article 243-G Twelfth Schedule Article 243-W -
4th Mar 23 | Prelims Daily with Previous Year Questions
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3rd Mar 23 | Nikaalo Prelims- Mini Test -3 (State and Local Government)
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3rd Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || State and Local Government
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
Join our Official telegram channel for Study material and Daily Sessions Here
3rd Mar 2023
State government
PART VI of the Constitution deals with the other half of Indian federalism, ie the States. Article from 152-237 deals with various provisions related to States. It covers the executive, legislature and judiciary wings of the states.CHAPTER I.—GENERAL
Article 152 : Definition
CHAPTER II.—THE EXECUTIVE
ARTICLE 153: GOVERNORS OF STATES
ARTICLE 154: EXECUTIVE POWER OF STATE
ARTICLE 155: APPOINTMENT OF GOVERNOR
ARTICLE 156: TERM OF OFFICE OF GOVERNOR
ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR
ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE
ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR
ARTICLE 160: DISCHARGE OF THE FUNCTIONS OF THE GOVERNOR IN CERTAIN CONTINGENCIES
ARTICLE 161: POWER OF GOVERNOR TO GRANT PARDONS, ETC., AND TO SUSPEND, REMIT OR COMMUTE SENTENCES IN CERTAIN CASES
ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE
Info-bits related to Governor of States
- Powers of the Governor can be broadly classified into executive, legislative (including financial powers) and judicial powers.
- Though the Governor has the power to pardon, he cannot pardon a death sentence.
- There are also related articles like 163 -167, 174-176, 200-201, 213, 217, 233-234 which touch the sphere of influence of the Governor of a state.
- When the governor reserves a bill for the consideration of the President, the assent of the Governor is no longer required (only President’s assent would be needed then).
- The president is not bound to give his assent to a state bill reserved by the governor for the Consideration of the President and he can return the bill to the houses for reconsideration ‘n’ times.
- Removal of Governors by Center.
Article 163: Council of Ministers to aid and advise Governor
(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.164: Other provisions as to Ministers
(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.Info-bits related to Council of Ministers in States
- President of India does not have existence without council of ministers, but Governor has (at the time of President’s rule).
- The minimum strength of council of ministers in a state as per Constitution is 12 and maximum is 15 percent of Legislative Assembly.
- Oaths for ministers : oaths of office and of secrecy.
- The Governor has discretionary powers and the validity of acts done using the discretionary powers cannot be questioned.
State Legislature
Article 168: Constitution of Legislatures in States.
(1) For every State there shall be a Legislature which shall consist of the Governor, and—
(a) in the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.Article 169: Abolition or creation of Legislative Councils in States.
(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.Article 170: Composition of the Legislative Assemblies.
Article 171: Composition of the Legislative Councils.
Article 172: Duration of State Legislatures.
Article 173: Qualification for membership of the State Legislature.
Article 174: Sessions of the State Legislature, prorogation and dissolution.
Article 175: Right of Governor to address and send messages to the House or Houses.
Article 176: Special address by the Governor.
Article 177: Rights of Ministers and Advocate-General as respects the Houses.
Info- Bits related with State Legislature
- At present there are seven states which have bicameral legislature – Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.
- The permissible strength of a Legislative Assembly (LA) is between 60 and 500.
- Total number of Members in the Legislative Council (LC) of a State shall not exceed one third of the total number of Members in the Legislative Assembly.
- Of the total number of Members of the Legislative Council, 1/3 of Members are elected by electorates consisting of the Members of Local Authorities, 1/12 are elected by electorates consisting of graduates residing in the State, 1/12 are elected by electorates consisting of persons engaged in teaching, 1/3 are elected by the Members of Legislative Assembly and the remaining are nominated by the Governor.
Local self-government
Local self-government is a form of democratic decentralization where the participation of even the grass root level of the society is ensured in the process of administration.History of local administration
Even though such minor forms of local governance were evident in India from British times, the framers of the constitutions, unsatisfied with the existing provisions, included Article 40 among the Directive Principles, whereby:
Later, the conceptualisation of the system of local self-government in India took place through the formation and effort of four important committees from the year 1957 to 1986 which are:
1. Balwant Rai Mehta Committee (1957)
2. Ashok Mehta Committee (1977-1978)
3. G V K Rao Commitee (1985)
4. L M Singhvi Committee (1986)
Panchayati Raj System under 73rd and 74th Constitutional Amendment acts, 1992
The acts of 1992 added two new parts IX and IX-A to the constitution. It also added two new schedules – 11 and 12 which contains the lists of functional items of Panchayats and Municipalities. It provides for a three-tier system of Panchayati Raj in every state – at the village, intermediate and district levels.
- The 73rd Constitutional Amendment act provides for a Gram Sabha as the foundation of the Panchayati Raj system. It is essentially a village assembly consisting of all the registered voters in the area of the panchayat. The state has the power to determine what kind of powers it can exercise, and what functions it has to perform at the village level.
- The 74th Constitutional Amendment act provides for three types of Municipalities:
- Nagar Panchayat for a transitional area between a rural and urban area.
- Municipal Council for a small urban area.
- Municipal Corporation for a large urban area.
Types of Urban Local Government
There are eight types of urban local governments currently existing in India:
- Municipal Corporations.
- Municipality.
- Notified area committee.
- Town area committee.
- Cantonment board.
- Township.
- Port trust.
- Special purpose agency.
Elections in the local government bodies
- All seats of representatives of local bodies are filled by people chosen through direct elections.
- The conduct of elections is vested in the hands of the State election commission.
- The chairpersons at the intermediate and district levels shall be elected indirectly from among the elected representatives at the immediately lower level.
- At the lowest level, the chairperson shall be elected in a mode defined by the state legislature.
- Seats are reserved for SC and ST proportional to their population.
- Out of these reserved seats, not less than one-third shall be further reserved for women.
- There should be a blanket reservation of one-third seats for women in all the constituencies taken together too (which can include the already reserved seats for SC and ST).
- The acts bar the interference of courts in any issue relating to the election to local bodies.
Qualifications needed to be a member of the Panchayat or Municipality
Any person who is qualified to be a member of the state legislature is eligible to be a member of the Panchayat or Municipality.
“But he shall not be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years”
This means that unlike the state legislature, a person needs to attain only 21 years of age to be a member of panchayat/municipality.
Duration of the Local Government bodies
- The local governing bodies are elected for a term of five years.
- Fresh elections should be conducted before the expiry of the five-year term.
- If the panchayat/municipality is dissolved before the expiry of its term, elections shall be conducted within six months and the new panchayat/municipality will hold office for the remainder of the term if the term has more than six months duration.
- And for another five years if the remaining term is less than six months.
Powers invested with Local Government bodies
The powers of local bodies are not exclusively defined. In general, the State governments can assign powers to Panchayats and Municipalities that may enable them to prepare plans for economic development and social justice. They may also be authorized to levy, collect, or appropriate taxes.
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2nd Mar 23 | Nikaalo Prelims- Mini Test -2 (Central Government)
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2nd Mar 23 | Prelims Daily with Previous Year Questions
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Nikaalo Prelims Spotlight || Central Government
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 1 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Telegram LIVE with Sukanya ma’am – 06 PM – Current Affairs Session
Join our Official telegram channel for Study material and Daily Sessions Here
2nd Mar 2023
Executive
Titbits
- President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
- Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
- MLCs not included in electoral college of either president or VP
- Value of votes of all elected MPs = Value of votes of all elected MLAs
- Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
- Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
- Impeachment for violation of constitution by ⅔ absolute majority
- Vacancy in presidential office, VP and in his absence CJI
- President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
- President appoints judges of supreme court as well as high court
Issue President Governor Head Head of the country, head of govt is PM Head of a state, head of govt is CM Executive power All executive action in his name Same Oath Preserve, protect and defend the constitution Same Appointment Indirect election Nominated by president; representative of union in states Removal Impeachment President can remove him any time/ pleasure principle Grounds of removal Violation of constitution No grounds mentioned Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements) Ordinance Art 123, when either house is not in session, not for CAB Art 213, same Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same Money bill Can’t send for reconsideration (after all president himself recommends the bill) same Constitution amendment bill Has to give his assent (24th amendment) No role if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters Bills which must be reserved for President’s consideration
- bills derogating the powers of the High Court (art 200)
- imposition of taxes on water or electricity in certain cases (Article 288)
- during a Financial Emergency (art 360)
Bills which may be reserved for President’s consideration and assent for specific purposes
a). To secure immunity from operation of Articles 14 and 19. These are Bills for
- acquisition of estates, etc. (Article 31A(I (b))
- giving effect to Directive Principles of State Policy (Article 31C)
(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)
(c) Legislation imposing restrictions on trade and commerce
Titbits
-
- President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
- Ministers are appointed on the advice of PM or CM (no discretion)
- CM of UTs is appointed by President not Lt. Governor
- Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
- Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
- Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
- Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
- The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)
Governor of state v/s LG of Delhi
Governor/ state LG/ Delhi Appointment of CM/ ministers By governor By president Ministers hold office till pleasure of Governor President Discretion Very limited Can refer any matter to president if not satisfied Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature Civil services
While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.
All India Services: Common to both centre and states
- Recruitment by the centre, serve under states
- 3 all India services – IAS, IPS and Indian forest services <created in 1968>
- Parliament can create a new IAS if RS passes a resolution by ⅔ majority
- Central govt makes service rules in consultation with state govt
- Work under the pleasure of the president with safeguards
Legislature
Parliament –
Loksabha (house of people) + RajyaSabha (Council of states) + President
LokSabha RajyaSabha Other names Lower house, house of people Upper house, council of states Total strength (state+UT+nominated) 530+13+2
(Nomination
Discontinued)229 elected from states + 4 from UTs + 12 Nominated by president Maximum strength (state+UT+nominated) 530+20+2
(Nomination
Discontinued)238 +12 Mode of election Direct election – First past the post Indirect by MLAs – proportional representation by single transferable vote Life cycle 5 yr or until dissolved Continuing chamber (6 year of MP) Min age to contest polls 25 30 Presiding officer Speaker Vice President (Ex officio Who can be nominated Anglo Indians Special knowledge in Literature, art, science,social service LS RS Money Bill, certification and voting on it Introduced here, speaker certifies can vote and amend Can’t be introduced, can’t vote, can only send recommendation within 14 days Estimate committee members All 30 from LS No role Joint sitting presided by Speaker > deputy speaker Not by VP National emergency discontinuation Resolution by LS No role No confidence motion, censure motion adjournment motion Only in LS RS LS Parliamentary law on state list Authorizes (Art 249) Creation of new AIS Authorizes (Art 312) Introduction of motion to remove VP Introduced here and passed by effective majority LS – simple majority required Presiding officers
Speaker of previous LS vacates post before first meeting of new LS
President appoint speaker Pro Tem – usually senior most member
Presides over first meeting, oath to members, election of speaker
Speaker is elected and pro tem cease to exist
Speaker fixes the date for election of deputy speaker
Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence
Election and removal (Speaker, deputy and vice CP) and salary
Election -By the members of particular house by simple majority
Removal – 14 days notice and effective majority of house
Charged on CFI and thus non votable
Titbits:
- President is part of parliament but not the presiding officer of any house
- VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
- President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
- Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
- Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills
Unique provisions
- Question hour and not Zero hour is first hour of parliamentary proceeding.
- Indian innovation – Zero hour and Calling attention motion
- Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
- Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
- Adjournment motion is extraordinary device to draw attention to urgent matter of public importance
Ordinary Bill Money bill CAB Government approval No Required (introduced by minister only) No Introduction Either house Only LS Either house Passage Simple majority Simple Special Amendments Simple majority RS only recommends changes within 14 days Special majority Deadlock President can call Joint session after 6 month LS doesn’t have to accept recommendations, bill is passed as such No joint sitting Returning by President Can return once for reconsideration or withhold assent Can’t return, either assent or reject Shall assent Titbits:
- Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
- Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
- Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)
Budget (Annual Financial Statement, Article 112)
- Presentation of budget by FM
- General discussion – discuss as a whole
- Scrutiny by departmental committees – for 3 to 4 weeks
- Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
- Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
- Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved
Fund Consolidated fund Contingency Public accounts What comes All receipts and payments Money comes from CFI to meet unforeseen expenditure All public money except CFI (provident fund, remittances etc) Parliamentary approval Yes No. finance secretary on behalf of president Not required, executive operates Titbits:
- Charged expenditure can be discussed but not voted
- Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
- Salaries and Expenditure of election commission is not charged on CFI
- Salary of high court judges is charged on CF of states while their pension in charged on CFI
State legislative assembly (Vidhansabha)
Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS
Differences are mentioned below
Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP
Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority
Titbits:
- Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
- Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
- No provision for joint sitting in states
- Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
- ⅚ indirectly elected, ⅙ nominated
Governor can reserve all the bills for presidential assent
Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration
Situations where Parliament can pass bill on state subject
Condition Duration National emergency 6 months after expiry of emergency President’s rule Indefinitely but legislature can repeal or modify International treaty/ agreement Indefinitely RS passes a resolution by ⅔ majority 1 year of resolution plus 6 months <resolution can be passed again> 2 or more states pass the resolution <applicable only ti those states> Indefinitely Types of majority
Eg. Total seats – 545
Vacancies due to death and resignation – 10
Absence – 20
Total vote cast – 500 ( 15 present did not cast vote)
Type Simple Effective Absolute ⅔ majority Special Absolute ⅔ Definition 50% present and voting +1 50% of (total – vacancies) +1 50% of total + 1 ⅔ present and voting +1 Absolute and ⅔ simultaneously ⅔ of total +1 Example (500/2) +1 (545-10)/2 +1 (545/2) +1 (⅔*500) +1 (⅔*545) Used Ordinary bill, money bill Removal of speaker, deputy speaker in LS, VP and vice Cp in RS No where Art 249, 312, 169 Art 368, removal of judges of supreme court, high court, CAG Impeachment of president Parliamentary committees
Committee Estimates committee Public accounts committee Departmentally related standing committees (24) Membership 30 (LS) 22 (15+7) 21+10 Appointment Elected every year by proportional representation Elected every year by proportional representation Nominated by Speaker and CP Chairperson Ruling party member Opposition member from 1967 Role Examine estimates included in budget and suggest economies in expenditure Examines audit report of CAG Demand for grants and bills Other Standing Committees in each House, divided in terms of their functions, are:
- Committees to Inquire:
- Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
- Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;
- Committees to Scrutinise:
- Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
- Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
- Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
- Committees relating to the day-today business of the House:
- Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
- Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
- Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
- Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
- Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
- Committees concerned with the provision of facilities to members:
- General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
- House Committee deals with residential accommodation and other amenities for members;
- Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
- Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;
- The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;
- On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
- On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.
JOIN SMASH PRELIMS FOR COMPLETE PRELIMS PREPARATION.
Judiciary
Appointments:
- Parliament decide the number of judges of supreme court while president decide the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president
- Salaries of high court judges is charged on CFS while pension is charged on CFI
- Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case
- District judges are appointed by governor in consultation with high courts
- Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
- A distinguished jurist can be appointed as judges of supreme court but not high court
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity
- SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
- Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts
Jurisdictions of courts
Exclusive (original by default) Original <concurrent with high courts> Appellate Advisory Petition only in supreme court (directly by default) Directly in supreme court Appeals from high court President refers(art 143) Federal disputes, inter state matters, disputes regarding election of president, VP Writ under art 32 Appeals, SLP Not necessary to tender opinion except on pre constitutional matters Types of Writs
Writ Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto Meaning -To produce the body -Against arbitrary detention
-We command -to perform Official duty
-To forbid – from exceeding jurisdiction
– to be certified -transfer a case or quash an order
-by what authority -legality of claim to public office
Issued against public as well as private authority Public official, court, tribunal Judicial, quasi Judicial Judicial, quasi Judicial and administrative authorities Substantive public office created by constitution or statute Can’t be issues against Lawful detention private Private, administrative, legislative Private, legislative Ministerial, private Who can file Aggrieved person Aggrieved person Aggrieved person Aggrieved person Any person Writ jurisdiction of Supreme court v/s High Court
Court Supreme court High Court Article 32 226 Scope Only for FRs FRs plus legal rights Powers of High Court and Supreme Court
There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :
1. Original Jurisdiction
Being a Federal court, the Supreme Court decides disputes between –
- Two or more states
- Centre and the state/states
- Centre and states on one side and the other states on the other side
In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.
However, this jurisdiction does not apply to the following cases-
- A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
- Any Inter-state water disputes.
- Matters that are referred to the Finance Commission.
- Recovery of the damages by a state against the Centre.
- An ordinary dispute that is commercial between the Centre and the states.
- A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
- An adjustment of certain expenses and pensions between the Centre and the states.
2. Writ Jurisdiction
The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.
3. Appellate Jurisdiction
Several appeals can be made in the Supreme Court of India. These appeals can be broadly classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters, and Special Leaves.
4. Advisory Jurisdiction
Under Article 143, the President of India has the right to seek the advice of the Supreme court when any question of law or fact of public importance which has arisen or is likely to arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.
5. Court of record
Herein, the Supreme Court of India has two powers, that are –
- It is given the authority to punish for the contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or both.
- The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony and they are recognized as legal precedents and legal references.
Some of the Powers that are granted to the High Court are the following –
1. Original Jurisdiction
The high courts are empowered to issue writs to enforce fundamental rights, as and when needed. Adding to this, they have original jurisdiction in cases that are related to will, divorce, contempt of court, and admiralty. Furthermore, election petitions can also be heard in the High Court.
2. Appellate Jurisdiction
An appeal can be made to the High Court against a district court’s decision, in the civil cases. If the dispute involves a value that is higher than Rs. 5000/- or on a question of fact or law, then an appeal can be made from the subordinate court, directly.
A person can move to the High Court if he has been awarded imprisonment of seven years and above under a criminal case. Appeals on constitutional matters can also be taken up in the High Court.
3. Administrative Powers
The high court is the controller of all the subordinate courts. It also has the right to ask for the details of the proceedings from the subordinate courts. The rules regarding the working of the subordinate courts are also issued by the High court.
The High Court can also appoint its administration staff and determine their salaries and allowances, and conditions of service.
4. Power of Judicial Review
High Courts hold the power of judicial review. They have the right to declare any law or ordinance as unconstitutional if it is found to be against the Constitution of India.
5. Power of Cancellation
A High Court alone can choose to certify the cases that it feels are fit for an appeal before the Supreme Court of India.
Qualification and Appointment
The Qualification that is needed to be a Judge in the Supreme Court of India are that he/she –
- Should be a citizen of the country.
- Should have been the judge of one of the high courts of the country for at least 5 years.
- The president of the country shall consider him to be a distinguished jurist.
- Should have been an advocate in any one of the high courts of the country for a period of 10 years.
It shall be noted that no minimum age of a Judge of the Supreme Court has been mentioned in the Indian Constitution.
The Qualification that is needed to be a judge in the Judge in the high court of the country is that he/she should –
- Have held a judicial office in the Indian territory for 10 years, OR
- Have been an advocate of the high court(s) for a minimum period of ten years.
Removal procedure
- A Supreme Court or a High Court Judge shall be removed from his post concerning an order passed by the President of the Country. However, this order of removal can only be issued after the Parliament presented and addressed him on the same matter.
- The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
- The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
- The procedure relating to the removal of a judge of the Supreme Court or the High Court is regulated by The Judges Enquiry Act (1968).
- It must also be noted that to date, no judge of the Supreme Court of India has been impeached by the Parliament and the President.
Constitutional Provisions
Articles 13, 32, 131-136, 143, 145, 226, 246, 251, 254, and 372 are the constitutional provisions that guarantee judicial review of legislation.
- Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
- Article 372 talks about the judicial review of the pre-constitution legislation.
- Both Articles 32 and 226 entrusts the roles of the protector of the constitution and guarantor of fundamental rights to the Supreme and the High Courts.
- Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
- Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
- All Articles from 131 to 136 entrusts the Indian court with the power to adjudicate the disputes between the individuals, between the individuals and the state, between the states and the union. However, the court may be required to interpret the provisions of the constitution and the interpretation that is given by the Supreme Court becomes the law that shall be honored by all courts of the land.
