[WpProQuiz 605]

22nd Apr 2021

Emergency provisions

Schedule 5 and 6

Special Provisions for the Other States

Part XXI of the Constitution
 The part ‘Temporary, Transitional and Special Provisions’, includes, apart from Article 370 (Temporary Provisions with respect to the State of Jammu and Kashmir) Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, and 371J.
 These define special provisions with regard to other states of the Indian Union.

Special Provisions but not special treatment
 All these provisions take into account the special circumstances of individual states, and lay down a wide range of specific safeguards that are deemed important for these states.
 In these range of Articles from 371 to 371J, Article 371I, which deals with Goa, stands out in the sense that it does not include any provision that can be deemed “special”.
 Article 371E, which deals with Andhra Pradesh and Telangana, too, is not that “special”.
 The special provisions laid down in Article 370 before it was modified were obviously much more farreaching than the special provisions for other states, described in Articles 371, 371A-H, and 371J.
The following special provisions are guaranteed by the Constitution to states
other than Jammu and Kashmir:
Maharashtra and Gujarat (Article 371)
The Governor has a “special responsibility”-
 To establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat;
 To ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.

Nagaland (Article 371A, 13th Amendment Act, 1962)
 Parliament cannot legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law.
 Parliament also cannot intervene in ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly of the state.

 This provision was inserted in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
 Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
 A member from the Tuensang district is Minister for Tuensang Affairs. The Governor has the final say on all Tuensang-related matters.
Assam (Article 371B, 22nd Amendment Act, 1969)
 The President of India may provide for the constitution and functions of a committee of the state Assembly consisting of members elected from the tribal areas of the state.
Manipur (Article 371C, 27th Amendment Act, 1971)
 The President of India may provide for the constitution and functions of a committee of elected members from the Hill areas of the state in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning.
 The Governor has to file a report every year on this subject to the President.
Andhra Pradesh and Telangana (Article 371D, 32nd Amendment Act, 1973; substituted by the Andhra Pradesh Reorganization Act, 2014)
 The President must ensure “equitable opportunities and facilities” in “public employment and education to people from different parts of the state”.
 He may require the state government to organise “any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State”, and allot them.
 The President has similar powers vis-à-vis admissions in any university or state government-run educational institution.
 Also, he may provide for setting up of an administrative tribunal outside the jurisdiction of the High Court to deal with issues of appointment, allotment or promotion in state civil services.
 Article 371E allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not really a ‘special provision’ in the sense of the other provisions in this part of the Constitution.
Sikkim (Article 371F, 36th Amendment Act, 1975)
 The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People.
 To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
 The Governor shall have “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.
 All earlier laws in territories that formed Sikkim shall continue, and any adaptation or modification shall not be questioned in any court.
Mizoram (Article 371G, 53rd Amendment Act, 1986)
 This provision lays down that Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Legislative
Assembly… by a resolution so decides”.
Arunachal Pradesh (Article 371H, 55th Amendment Act, 1986)
 The Governor has a special responsibility with regard to law and order, and he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken.
 Should a question arise over whether a particular matter is one in which the Governor is “required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final”, and “shall not be called in question”
Karnataka (Article 371J, 98th Amendment Act, 2012)
 There is a provision for the establishment of a separate development board for the Hyderabad-Karnataka region, the working of which will be reported annually to the Assembly.
 There shall be “equitable allocation of funds for developmental expenditure over the said region”, and “equitable opportunities and facilities” for people of this region in government jobs and education.
 An order can be made to provide for reservation “of a proportion” of seats and jobs in educational and vocational training institutions and state government organisations respectively in the Hyderabad-
Karnataka region for individuals who belong to that region by birth or domicile.

21st Apr 2021

Appointments:

1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
2. Both supreme court and high court judges are appointed as well as removed by president
3. Salaries of high court judges is charged on CFS while pension is charged on CFI
4. Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
5. District judges are appointed by governor in consultation with high courts
6. 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
7. A distinguished jurist can be appointed as judges of supreme court but not high court
8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
9. 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>
10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

Jurisdictions of courts

Types of Writs

Writ jurisdiction of Supreme court v/s High Court

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 –

1. Should be a citizen of the country.
2. Should have been the judge of one of the high courts of the country for at least 5 years.
3. The president of the country shall consider him to be a distinguished jurist.
4. 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 –

1. Have held a judicial office in the Indian territory for 10 years, OR
2. Have been an advocate of the high court(s) for a minimum period of ten years.

Removal procedure

1. 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.
2. The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
3. The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
4. 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).
5. 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.

1. Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
2. Article 372 talks about the judicial review of the pre-constitution legislation.
3. 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.
4. Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
5. Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
6. 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.

Recent Controversies

1. Back in the year 2016, Justice Nagarjuna Reddy of the High Court of Andhra Pradesh and Telangana got all lights on him when 61 Rajya Sabha members moved a petition for his impeachment on charges of him misusing his position to “victimize” a “Dalit” judge. However, later, nine of the 54 members of the Rajya Sabha, who proposed the initiation of proceedings against him, withdrew their signatures.
2. On 20 April 2018, a petition seeking impeachment of CJI Dipak Misra was submitted by seven opposition parties to the Vice President, Venkiyah Naidu. The petition was rejected by the Vice President.
3. On 19 April 2019, a junior court assistant and a former employee in CJI Gogoi’s office sent a complaint-letter attached with a detailed affidavit to 22 Judges of the Supreme Court of India, narrating a series of events, spelling out how CJI Gogoi had allegedly sexually harassed her.

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• Analyzing previous year questions to form a basic understanding.
• Focusing on GS1-GS2-GS3 most relevant topics of the day.
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• Content enrichment through daily feedback by the mentor.

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• Detailed analysis and discussion of topics as per syllabus.
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20th Apr 2021

Executive

Titbits

1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
2. 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 )
3. MLCs not included in electoral college of either president or VP
4. Value of votes of all elected MPs = Value of votes of all elected MLAs
5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
7. Impeachment for violation of constitution by ⅔ absolute majority
8. Vacancy in presidential office, VP and in his absence CJI
9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
10. President appoints judges of supreme court as well as high court

Bills which must be reserved for President’s consideration

1. bills derogating the powers of the High Court (art 200)
2. imposition of taxes on water or electricity in certain cases (Article 288)
3. 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

1. acquisition of estates, etc.  (Article 31A(I (b))
2. 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

1. 1. President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
   2. Ministers are appointed on the advice of PM or CM (no discretion)

• CM of UTs is appointed by President not Lt. Governor

1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
5. The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)

Governor of state  v/s LG of Delhi

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

1. Recruitment by the centre, serve under states
2. 3 all India services – IAS, IPS and Indian forest services <created in 1968>
3. Parliament can create a new IAS if RS passes a resolution by ⅔ majority
4. Central govt makes service rules in consultation with state govt
5. Work under the pleasure of the president with safeguards

[WpProQuiz 602]

19th Apr 2021

Legislature

Parliament –

Loksabha (house of people) + RajyaSabha (Council of states) + President

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:

1. President is part of parliament but not the presiding officer of any house
2. VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
3. President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
4. Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
5. Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills

Unique provisions

1. Question hour and not Zero hour is first hour of parliamentary proceeding.
2. Indian innovation – Zero hour and Calling attention motion
3. Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
4. 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
5. Adjournment motion is extraordinary device to draw attention to urgent matter of public importance

Titbits:

1. Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
2. Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
3. 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)

1. Presentation of budget by FM
2. General discussion – discuss as a whole
3. Scrutiny by departmental committees – for 3 to 4 weeks
4. 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
5. Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
6. Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved

Titbits:

1. Charged expenditure can be discussed but not voted
2. Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
3. Salaries and Expenditure of election commission is not charged on CFI
4. 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:

1. 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
2. Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
3. No provision for joint sitting in states
4. Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
5. 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

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)

Parliamentary committees

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.

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• Subjects to be covered: Polity, Culture and Environment
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17th Apr 2021

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. 

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autonomy, its framers repealed prior acts of the British parliament in Article 395. 

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

Articles in Indian Constitution: As the written constitution is a compact document like a book, it has various parts, parts have various chapters, chapters have various articles.

The constitution has a preamble and 395 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 103 times; the latest amendment became effective on 14 January 2019. Despite various amendments, the number of articles in the Constitution still remains 395. There is nothing like Article 396. The new articles are always inserted in between i.e. Article 31A.

IMPORTANT TITBIT:  If counted separately there are 444 Articles but in the Constitution of India there are only 396 Articles. The rest are merely clauses or sub-clauses added later. The reason behind this is that there is a rule that no one can alter the basic structure of the COI. Now a problem came up, which was how to include more articles as you cannot add a 397th article as it would be against the Basic Structure Doctrine, so a solution that came up, which was that to include the new articles in clauses or sub-clauses of the existing articles.

Here are the lists of various important Articles of the Indian Constitution. 

Schedules of the Indian Constitution:

Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. They are Lists that categorize and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is a lengthy document and hence, not included in the original text of constitution but they are very much part of the constitution. 

Important Titbits:

1. Originally they were 8 in number, now they are 12. 
2. The 4 new schedules were added: IX through the 1st Constitution Amendment Act 1951); X through Anti-Defection Law 52nd CAA 1985; XI through the 73rd CAA Panchayati Raj 1992 and XII through the 74th CAA Municipality 1992.
3. Matters added to the 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

Schedules of Indian Constitution

[WpProQuiz 599]

16th Apr 2021

[WpProQuiz 387]

15 Apr 2021

Form of Government:

1. Autocracy/ Absolute Monarchy – Concentration of power in one unelected hand
2. Democracy – government on the basis of elections
3. Constitutional Monarchy – head of state is king/ queen but acts on the aid and advice of elected council of ministers
4. Republican Govt.- head of state is elected not a monarch

Democracy

Direct -people vote on every issue, they make laws for themselves

Indirect/ Representative – people choose their representatives who make laws on their behalf

Referendum -people voting on certain important issues in representative democracies

Plebiscite – vote where people choose whether or not they want to remain in a state

In representative democracy

Written constitution – Laws can not be in violation of constitution. Constitution is supreme. Two types of laws – ordinary laws and constitutional laws

Unwritten constitution – Laws framed by parliament is supreme i.e parliament is supreme. Ordinary law and constitution law one and the same

So constitution basically limits the power of state. It has to abide by the constitution

Who will interpret the constitution – Judiciary. It can review laws and policies of govt – not violative of constitution i.e Judicial review

Legislature will frame the laws.

Who will implement – Executive

Two systems here

1. Parliamentary form – Executives/ ministers come from Parliament/ must get themselves elected within 6 months.
2. Presidential form – Executive is not part of legislature

Titbits

1. In parliamentary form, head of government is prime minister while head of state is president (republic) or monarchy (constitutional monarchy) whereas president is both head of government as well as head of state in presidential form
2. Incomplete separation of power in parliamentary form; complete separation of power in presidential form

Form of Govt

1. Unitary – Only 1 tier of govt for the whole country. Units do not get any power directly from the constitution. There may be local bodies and provinces but parliament delegates power to them
2. Federal – more than 1, generally 2 tier. Units i.e states/ provinces derive power directly from the constitution

Shades of Federalism:

Note:

1. Federal government is possible only in countries with written constitution
2. 3rd tier of governance i.e Panchayati Raj and Municipalities is not federalism but more decentralisation and local self governance.

Various constitutional doctrines

1. Separation of Powers – among legislative, executive and judiciary so that no one becomes all powerful
2. Checks and Balances-  among the three: for instance, judicial review is judicial check on executive and legislature
3. Doctrine of repugnancy – state law on concurrent list liable to be struck down if inconsistent with central law
4. Doctrine of harmonious reconstruction – Constitutional provisions interpreted not in isolation but to be construed as to harmonize with those other parts
5. Doctrine of pith and substance – finding out the true nature of a statute, an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list
6. Doctrine of colorable legislation- Whatever legislature can’t do directly, it can’t do indirectly It is most commonly applied wrt article 246 (3 lists)when a Legislature does not possess the power to make law upon a particular subject but nonetheless indirectly makes one
7. Basic Structure – Constitution has some basic structure which can not be amended even if all members of both the house vote to amend that provision (Keshvananda Bharati Case)
8. Judicial review – Constitutional courts to examine whether laws or policies violate the constitution

Historical background

Timeline

1. Regulating Act, 1773 – Governor of Bengal became Governor General of Bengal (not india) i.e Bombay and Madras presidency subordinate, Supreme court in Calcutta
2. Pitts Act 1784 – Board of Control for political affairs, 1st time called British Possession in India
3. Charter Act of 1833 – Centralization complete, Governor General of Bengal became that of India, law member introduced in the council
4. Charter Act 1853 – Open competition for civil services
5. Government of India Act 1858 – Act for good govt, abolished EIC, under direct rule of British govt/ crown now, Secretary of state post created
6. Act of 1861 – Recognition to portfolio system, some indians nominated to council
7. Act of 1892 – same story
8. Act of 1909/ Morley – Minto – element of election introduced, 1st Indian in executive council of viceroy, Separate Electorate
9. Act of 1919/ Montagu – Chelmsford – Dyarchy or dual govt in provinces – transferred and reserved subject, Bicameral legislature
10. GOI Act 1935 – Federation, Autonomy to provinces, 3 lists, residuary powers in viceroy

Titbits:

1. From 1858 under direct control of British govt. Therefore, GOI acts, before that charter act (EIC charter) and regulating act
2. Concurrent list was borrowed from GOI act 1935 as well as Australian constitution. Residuary power vests with centre now while it vested in viceroy in GOI act 1935
3. 1st name is secretary of state and 2nd name is viceroy i.e Montagu and Morley are secretaries

Features from other constitution (Only Imp things)

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