Polity Laxmikant Short Notes
Polity Laxmikant Short Notes
1. Historical background
2. Making of constitution
3. Salient features of constitution
4. Preamble
5. Union and its territory
6. Citizenship
7. Fundamental rights
8. Directive principles of state policy
9. Fundamental duties
10.Amendment of the constitution
Crown rule
o GOI act 1858: Act for good governance
o Council act 1861: Decentralisation nomination
o Council 1892: Nomination
o Council act 1909: Morley - Minto
o GOI act 1919: Montage – Chemsford
SIMON COMMISSION
o GOI act 1935
o Independence of India act 1947
2. Indians in administration
{3} Indian nominated to legislative council: Benaras, Patiala, Sir
Dinkar Rao
{3} Initiated decentralisation: Bombay Madras Power restored
{3} New legislative council for Bengal, Punjab, NWFP
Recognized portfolio system of Canning
During emergency viceroy can issue ordinance without
concurrence with council
Increased number of additional member (non-official, 10-16)
Legislative council power discuss budget, address due to executive
Nomination of some non-official members
↓
Diarchy (dual scheme of governance, unsuccessful experiment)
Bicameralism at centre
Direct elections franchise (tax, property, education)
3 out of 6 member of viceroy (executive) council to be Indian
Communal to Sikh, Christian, Anglo-Indian, European
High commissioner office created (London)
Central public service commission set up (1926, Lee commission)
Separated provincial-central budget
Federal (1935)
Making of constitution
Salient features
1. 42nd amendment mini constitution
2. Lengthiest written c because of geography, history, single, lawyers
3. Various sources
a. Structures part GOI act 1935
b. Philosophical part FR American
DPSP Irish and Spain
c. Political part Britain
4. Blend of rigidity and flexibility
5. Federal with unitary bias
a. Federal features {written, 2 govt, sop, rigid, supreme,
independent judiciary, bicameralism}
b. Unitary features {Single c, citizenship, emergency, flexible,
integrated judiciary, governor, all India service}
6. Cooperative federalism Granville Austin
Article 1-4
India that is Bharat Union of state rather than Federation name
quality
3 categories of territory state UT and acquired territory of India wider
expression than Union
Acquisition of territory Cession, occupation, conquest, subjugation
Article 2 Power to admit, establish new state
Article 3 Re-adjusting old States; prior permission of president
States view not bound
Article 4 Simple majority and ordinary legislation process, no need to
amend constitution under 368
Ceding to foreign country Article 368
Settling boundary dispute Executive action
Evolution - India
Features
Some only for citizens 15, 16, 19, 29, 30
Not absolute but qualified restriction balancing individual rights - social
control Available against States action
Negative positive both
Justifiable
Defended by Supreme Court
Constitutional Amendment to change them
Suspension during emergency
Article 31a: limits their scope: 31b 31c
Article 33: Army, police etc
Martial Law restriction
Mostly directly enforceable
Article 12: define state; SC even a private body working as instrument
of state comes under state
article 13 tow inconsistent with FR is invalid doctrine of Judicial review
article 32 Supreme Court
Article 226 High Court
Law includes permanent law, temporary law, ordinances, delegated
legislation, customs bye-laws customs
Doesn't include constitutional amendment
Exception
Residence can be condition
Backward class reservation
Right to freedom
Article 19 6 rights: speech, assembly, association, movement, reside,
profession
Freedom of speech
Protected only against state
Right against tapping phone
Right to telecast
Right to know government activities
Freedom of silence
Restriction can be imposed sovereignty, integrity, security, friendly
relation with foreign state
Public order, decency, morality, contempt of court, defamation
Article 25 (individual):
Freedom to conscience, profess, practice, propagate any religion, no
forceful conversion
Covers both religious beliefs and practices
Subject to public order, morality, health
Article 27: freedom from taxation for promotion of religion, fee can be
levied
Armed force + FR
Article 33:
Parliament only, can enforce law
Covers civilian employee of force also
Can exclude court martial from writ jurisdiction of SC/HC so far as
enforcement of FR is concerned
EFFECTING CERTAIN FR
Article 35: power to make laws to give effect to certain fundamental rights
vest only in Parliament
Article 16: residence as condition
Article 32: empowering other courts for writ
Article 33: police, military
Punishment for violation of
o Article 17: untouchability
o Article 23: human trafficking
Even though any of the above matters fail in state list, parliament only can
make laws
Right to property
19(1)(f) 3 repeated
Guaranteed compensation
Minority education institute
Personal cultivation land without tiling
Exception to FR
31(a) - saving of laws providing for acquisition of estate etc.
31(b) - validation of certain act of regulation include 9 schedule scope wider
than 31A
31c - saving law giving effect to certain DPSP
25th amendment - 39 (b), 39(c) >> Act 14, 19
SIGNIFICANCE
Bedrock of democracy
Material moral protection of man
Individual Liberty
Rule of law
Minority protection
Secular strength
Check on absolute powers of legislatures/government
Foundation of social equality/Justice
Facilitate participation of people in political and administrative process
SOCIALISTIC
Welfare of people minimise inequalities
Prevent concentration of wealth
Equitable distribution, equal pay for equal work
Healthy development of child
Free Legal Aid
Just, humane conditions for work
Maternity relief
Secure right to work, living wage, decent standard of life
Workers participation in management
Raise levels of Nutrition
LIBERAL INTELLECTUAL
CRITICISM
No legal force
Illogical arranged
Conservative
Constitutional conflict between Centre-state, PM-President, CM-governor
UTILITY
Fundamental for governance
BR Ambedkar Goal of Indian Polity is economic democracy as
distinguished from Political democracy
Beacon light to courts
Amplify the Preamble
Facilitate continuation in state policies
Supplement FR
Enable position to exercise control
Crucial test for performance of government
Common political manifesto
Negative Positive
CRITICISM
List not exhaustive
Some vague and ambiguous
Non-justifiable
SIGNIFICANCE
Reminder
TYPES
Simple majority like ordinary bill not under 368
368 special
o special + half states simple
Simple
New state - admit establish
S. Legislative Council
2nd schedule
Quorum, salaries of MP
No of puisne judge in SC
More jurisdiction of SC
Use of official language/English
Citizenship
Election to Parliament/SL
SPECIAL
Most of constitution
50% of total membership irrespective of vacant seat (⅔ of p + v)
FR
DPSP
Residual of after 1 and 3
Supremacy of constitution
Sovereign, secular, democratic, federal, unity, integrity
SOP welfare state
Balance of flexibility-rigidity
This variety of amending process wise/rare G Austin
1. Parliamentary system
2. federal system
3. CS relations
4. IS relations
5. Emergency provisions
6. Special status of J & K
7. Special status to other states
Features
Nominal (President) and real executives (PM, with com advices); president:
binding nature
Majority party rule; coalition also
Collective responsibility to LS; article 75
Swin-sink together
No confidence motion in LS only
Political homogeneity
Double membership: Executive are legislatures
Leadership of PM
Dissolution of lower house by president on recommendation of PM
Secrecy
Demerits
Unstable government
No continuity of policies because of uncertain tenure of Government
Cabinet dictatorship
Against principle of SOP
Government of amateurs (non-expert ministers)
Union of India
o No agreement like USA
o Can’t secede
CRITICAL EVALUATION
Centre tilted
Quasi Federal: unitary state with subsidiary Federal features
Dominance of centre in financial sphere
Cooperative/bargaining federalism
C-S both power from constitution
Normal versus exceptional circumstances
Bommai case: federalism: basic feature
Not administrative convenience but principal
Certain restrictions
o President for (4) UT’s Andaman, Lakshadweep, Daman Diu,
Dadra-Nagar Haveli
o Governor Scheduled area
o Tribal area Assam: governor (P, SL)
o Tripura, Mizoram: president
Distribution (3) list
Union list (100) (P) exclusive power: Defence, banking, foreign affair,
currency, atomic energy, insurance, communication, census, audit
State list: (61) (SL)Normally public order, police, health, agriculture,
prison, local government, fishery, gambling
Concurrent list (52): Criminal (civil law procedure), marriage, population,
family plan, electricity, labour, welfare, drugs, newspaper, books,
printing press, SE planning
42nd Education, forest, weight, wildlife, justice administrators
Residuary subject(P)
ADMINISTRATIVE RELAITONS
Distribution of Executive powers
o Union list → centre
o State list → state
o Concurrent → state except
Obligation of states and centre
Executive power of state must
o Comply with Centre laws
o Not to impede centre’s execute power in state
Article 365 state fail to comply with centre
FINANCIAL RELATIONS
P union list
SL state list
Both concurrent list
P residuary power
Distribution 42% devolution to states
NON-TAX REVENUE
Centre Post, telegraph, railways, banking, broadcasting,
coinage/currency, PSU (centre)
State irrigation, forest, fishery, PSU (state)
GRANT IN-AID to states: 2 types
Statutory: Article 275, finance commission’s recommendation not to every
state, but to those in need
Discretionary: (PC) Now?
BORROWINGS
Centre within/outside India limit fix by(p,) on guarantee by C.F India
State: within India Limited fixed by (S.L), on guarantee by C.F state,
cannot raise any loan without centres consent
Exceptions
Corporation/companies created by Central Government are not tune from
state tax
Property and income of local authorities situated within a state not
immune from central tax
Centre can impose excise duty/custom duty
Financial emergency: High Court Judges salary can be reduced reserve money
bills
TENSION AREAS
Appointment and roles
President's rule
Central forces deployed for law-order
Reserving bill for president
Financial allocation
Constitutional provision
262 IS water dispute
o Parliament by many adjudicate
o Parliament can provide neither HC/SC to exercise jurisdiction
River board act for development
IS water dispute act tribunal decision final, no SC/HC review
Tribunals have been set (Vamsadhara, Mahaday)
Part 18
Article 352-360
Rationality Sovereignty, Unity, integrity
Federal unitary structure, without amendment
NATIONAL
352
President declares
War/external aggression and armed rebellion
Entire any specified path
Internal disturbance word removed by 44th Amendment
Written Recommendation of cabinet
Judicial review
Proclamation approved by both houses (1 month)
If LS dissolved RS approves LS when reconstituted (30)
days to approve
Once approved special (⅔ PV) 6 months at a time (44th Amendment)
(extend for any period) revocation by president by proclamation (no
parliamentary approval) then resolution of disapproval comes
o Need to pass by LS
o Simple majority
Declarations 1962 till 1968
1971 March 1977
1975 March 1977
↓
Shah Commission
EFEECTS
PRESIDENT RULE
State(E)/constitutional(E)
356 Constitutional failure, with/without report, 365 fail to comply
centre
Approval by both houses 2 months (LS dissolution 30 days)(simple majority)
6 months (maximum 3 years) but after 1 year if you want to extend, 2
conditions only
o National emergency
o EC certifies Cannot conduct election
o ↓
Revocation (no parliamentary approval)
PROPER hung assembly, no coalition, 356, 365
IMPROPER Without probing possibility of alternate government, G own
assessment of support without floor test, maladministration, corruption
Not warned to rectify
EFFECTS
Executive power can be with President
Centre can legislate
President can either suspend dissolve Cm
President cannot assume power of state High Court
State executive dismissed
Parliament can delegate the power to me close to president or any other
specified by him (not in 352)
FINANCIAL (E)
360
Only once approval required
JR
Both houses 2 month simple majority
No repeated approval required
No maximum time period
EFFECT
Financial propriety Canon
Centre State
Reduce salary/allowance
Reserve bills (money/financial bill)
SC/HC judge salary also
CRITICISM OF E PROVISIONS
Federal character destroyed
FR meaningless
President Dictator
Financial autonomy of state
Centre powerful
But safety valve
• President
• Vice president
• Prime Minister
• Central CM`
• Parliament
• Supreme Court
STATE GOVERNMENT
• Governor
• Chief minister
• State CM
• State legislature
• High Court
• Subordinate courts
Election
• Elected members of LS/RS/State legislatures/Delhi, Puducherry
UTs
• L council of states, dissolved assembly members, nominated
members → no vote
• System of PR-STV misnomer preferences 1234 given
• Doubts disputes regarding election → SC
• Indirect election: because Nominal head
• Direct will be costly exercise
• Qualification > 35, citizens qualified as member of Lok Sabha, no
office of profit
• 50 proposes + 50 seconders
• Oath → Preserve, protect, defend the constitution, administered
by CJI
• Immune totally to criminal; but 2 months notice → Civil
proceedings
• Term: 5 years; resignation VP; re-election → any number of times
Impeachment for violation of constitution (but not defined in
constitution) → Any house can start, 1/4 members signed charge
→ Impeachment bill (2/3rd of total membership) passes → goes
to other house
• 2/3rd of total passes → President removed
• 6 months twice for election
• P → VP → CJI Senior-most judge
Powers
• Executive powers
Legislative
Summon prorogue parliament
Address parliament
Nominate 12 RS 2 LS
Disqualification of MP-EC consulted
Prior permission for some bills
Give/withhold/return bill → Passed again → given assent
(SL) bills can be reserved → Any number of times return the bill
Ordinance promulgation (6 weeks)
Lays report of CAG/UPSC/FC before P
Emergency 352/356/360
Veto power
• Money bill can not be returned
• Absolute Veto withhold bill ends
Constitutional position
• Nominal head
• 163-74
• 164-75
• 167-78
• Advice not binding on G
• COM Minimum → 12
• Maximum → 15% of strength LA
Tribal welfare minster C, J, O, MP
• Rest same as central COM
MP
PRESIDING OFFCERS
RS
• Deputy chairman:
• Member of house
• Not subordinate
• Secretariat of parliament
• Headed by secretary-general
• Appointed by presiding officer
SESSIONS OF PARLIAMENT
• Summoning by P
• Maxm gap 6 months
• Budget 4
• Monsoon 3
• Winter 2
• Adjournment: for specific period
• Adjournment sine die: indefinite period, by presiding officer
• Prorogation P: issue it after some days of house adjourned sine-
die
↓
Terminates session of P
• Quoram: 1/10th of total strength
• Voting Ordinary majority → maximum case/joint sitting
Absolute → removing presiding officer
LEGISLATIVE PROCEDURE
• Bill Public (if defeated → confidence → resignation)
Private
1 month
• 4 type Ordinary
Money
Financial
CAB
• Ordinary bill: 5 stags
• 1st reading: ask for leave of the house → leave granted → read
title + objectives
Money bill →
• Type of financial bill
• Art 110
• Tax, borrowing money, CFI, cont FI
• Only in LS
• President prior approval
• Speaker decides if money bill or not
Decision → final
• Only by minister → govt bill
• RS → only recommend; 14 days
• President → can’t return it
• Requires speaker certification when transmitted to RS
• Defeat leads to resignation
Financial bill(1)
• Money bill only LS
• Prior approval of P
BUDGET
• Annual financial statement
• 112
• Estimated receipts of expenditure/April-3/march
• 2 budget → Railways → Acworth committee
→ General
• No demand for grant except P
• Parliament can’t increase tax
• Taxation bill → only in LS
• RS → no power to vote on demand for giants
• 2 expenditure shown separately
• Charged on CFI/charged from CFI
• Non votable
• P, chairman, speaker, UPSC, CAG, SC, HC
STAGES
• Presentation: railway + general (in LS)
• General discussion: 3-4 days
• Scrutiny by departmental committees (24)
• Voting on demand for grants
• Demand by ministry → grant {109(103+6) + 32}
• Exclusively by LS
• Only for votable part of budget
• Cut motion(3)kind
• Policy cut motion; reduce to re
• Economy cut
• Taken cut by RS
• Ventilates specific: grievances
• 26 days: allotted for voting of demands at last day → guillotine
• Passing of appropriation bill
• Govt can withdraw money now
• But meantime expenditure → vote on account generally for 2
months
• Passing of finance bill: for income part
• Amendment can be moved unlike
OTHER GRANTS
• Supplementary: insufficiency
• Additional: need arises because of some new services
• Excess: if money already been spent on excess
• Vote of credit: for meeting unexpected demand upon resources of
India: blank cheque to executives
FUNDS
Consolidated:
• Fund of India
• All receipts are credited
• All payment are debited
• All legally authorized payment on behalf of GOI
• Revenue, loans, repayment of loan
Public account
• All except above
• Received by GOI
• PF, judicial deposits, saving bank, deposits, departmental deposits
• Executive action
• No parliamentary appropriation needed
Contingency
• Amount paid to it time to time
• P → unforeseen expenditure
• Fund held by finance secretary
• Executive action only
Position fo RS
• Equal → ordinary CAB, P impeachment election VP, removing
judges, ordinance, emergency
• Unequal → money bill, finance bill, speaker, joint sitting, budget,
demand for grants, discontinuing national emergency(only LS),
NCM(only LS)
• Special →
• AIS, state list legislation
• Not as weak as house of lords
• Not as strong as senate
• (12) special nominated members
• Unified judiciary
• Federal court 1935 → SC(1980)
• Organisation: 31 judge, SC act amendment 2008
• Judges: appointment P + 1st/2nd/3rd judge case(4 judge
collegium)
• CJI senior most judge
• Qualification → citizen, HCJ(5), AHC(10), distinguished
• Oath before P
• Tenure: not fixed: 65, resign to P
• Removal: impeachment: 2/3rd+ ½ total
• 2 ground: misbehaviour, incapacity
• Judges inquiry act → procedure → 100 LS/50 RS
• Admit → 3 member committee CJSC/JSC arid
• CJHC and jurist → guilty → resolution
• Salaries: CFI
• Acting chief justice P: judge of SC
• Ad-hoc judge: CJI appoint, judge of HC after consulting CJHC,
previous consent P
• Retired judge: CJI, consent P
• Seat of SC → Delhi, CJI can appoint other places as seat of SC with
approval of P
• Procedure → normal → 3 judge bench
143 → 5 judge bench
Salient features
Gram Sabha
3 tier system
Election procedure: direct + indirect
Reservation: SC/ST (1/3) women
Duration: 5 years
Disqualification
State election commission
Power and function: 29 matter
Finances
Consolidated fund of state
Audit of accounts: state legislature
Application of PRI to UTs as P specify
Exempted state: J&K, Naga, Meghalaya, Mizoram(PESA)
Bar on interference by courts
Eleventh schedule: 29 function
Salient features
3 tier municipality, Nagar panchayat, M council, M corporation
Composition
Ward committee (3 lakh)
Reservation
Duration
Disqualification
State election commission
Power: SE plan
Finances: authorise, assign, provide
Audit of account: state legislature
Application to UT
Exempted 9 state’s scheduled area/tribal area
District planning committee: provision by state legislature
4/5 member elected by elected member of distinct panchayat and
municipality in district among themselves
Metropolitan planning committee; (2/3rd member)
5th schedule
Aboriginals; SA
Declaration of SA: P consult G
G special responsibility
TAC: 20 member, ¾(ST, SLA)
P appoint commission
Scheduled area of any state
S tribes of any state except ATM2
6th schedule
S tribes of ATM2 only (not Manipur)
Anthropological specimen
Autonomous districts auto regions
G empowers to reorganise
District council: 30 member 26(elected) + 4(G)
Can make laws but absent of G required
Acts of parliament 85% don’t apply to them or applied with special
modification
G appoint commission
Area 3+3+3+1 (1) in Tripura
Independence
Removal Judge SC CEC
Consult CEC EC/RC
Not qualified on, specific terms, not debarred
Power
Administrative
Advisory
Judiciary
Territorial area: delimitation commission
Electoral roll
Notify data and schedule
Court of dispute recognition of PP, symbol allotment
Cancel polls
Sate EC chief electoral officer (appointed by CEC in consult
with state govt) district RO RO presiding officer
(last 3 appointed)
Independence
Expenses (CFI)
Removal (above)
Chairman no further appointment
Member UPSC chairman/SPSC chairman
No reappointment
Advisory role
13th FC: Kelkar
14th FC: YV Reddy
15th FC: NK Singh
NCSC:
SC + OBC + Anglo Indian
Article 338
NCW (92)/NCBC(93)/NC MIN(93)/NHRC(93)/NCPCR(2007)
statutory
Evolution
338: special officer SC and ST
1978: non statutory multimember commission SC/ST
1987 renamed NC SC and ST
1990: 65th amendment: high level, multimember NC SC/ST
NCST
Art 338(a)
1999: Min of tribal affair
Same as above
Appointed by P
Duty to investigate, safeguards
Qualification etc. not specified
Article (350-b)
HQ Allahabad(3 Bengaluru, Chennai, Kolkata)
Under ministry of minority affair
Article 148
Appointment by P
Guardian purse of public and control entire financial system
SC/EC/UPSC
6 years/65
Removal as judge of SC: only by P
No reappointment
Expenses CFI
RIGHTS:
Solicitor general:
Article 165
Governor POG convention
Member of LA but no right to vote
NCR NDC/NHRC/SHRC/CVC/CIC/SIC/Lokpal
NDC
Objective
Function
Guideline plan
Assessment of resources
SE policy
Review plan
Recommend aim target
Bridge link
Regional parties’ role importance increased
Working
1993 act
25 states except
Only state list, concurrent list
Composition 1+2, appointment G, 4 members (2+1+1)
4 CM+HM+S+LOO 5 YEARS/70 years
Removal president
Annual report state government
No military jurisdiction
HR courts: every district
3 member PM+CM+LOO
Power
RTI, 2005
G, removal G, imp but SC inquiry
In case of misbehaviour or incapacity
Languages of union
Hindi: official
English: earlier for 15 years, now continued
President appoint commission examined by parliament
committee
Official language act 1963; English continuation
Hindi: Lingwa Franker constitution
1967: amendment: English compulsory in some case
Regional languages
English only
English only
SC, HC
Authoritative text bill, act, rule, regulation, bye-laws, ordinance
However G with consent of P authorise in any other language but
not wrt judgements and orders
State legislature: use any language for acts, bill ordinance but with
English
Official L act 1963, Hindi text: authoritative (act, bill any language
+ English must)
Special directives
PUBLIC SERVICES
S. Patel: Father of all India service
Article 311 Doctrine of pleasure
Classification
3 AIS, central, state
AIS IAS/IPS/IES trained by centre, appointed states, salary by
states, disciplinary action centre
Central services: exclusive jurisdiction: centre
58 group A services
IFS foreign service: highest among them
State services exclusive jurisdiction state, civil service, judicial,
medical, police etc.
Constitutional provisions
308 to 314
Other
313: until otherwise provided, all laws before 1950, applicable to AIS
will continue
Administrative tribunals
323B
323A
323B
Other matter
Parliament + SL
Hierarchy may be created
Chandigarh bench of CAT H/P/HP/C + J&K (5)
Calcutta WB/Sikkim/AN(3)
Guwahati ATM, Naga, Arunachal P(3)
2 linguistic + religions
6 MIS/C/B/J/Z (religious)
Linguistic on state wise basis
Art 29 preserve culture
Art 30 establish institution educational
P satisfied recognise linguistic min
Every grieved person; any language
Mother tongue primary education
Special officer linguistic minority
NC for min (1993) (statutory status)
Anglo-Indian
Property of union
Ministers
No constitutional immunity
But don’t sign so not liable
Judicial officers
Civil servants
Provisions
Disqualification
Members of party: voluntary give up member votes or abstaisn
without whip direction, abstains without permission
Such act hasn’t been condoned by party in 15 days
Independent: joins party
Nominated: joined after 6 month
Exception (2)
Congress > Shiromani Akali dal > CPI > Forward bock
Objectives
Nagaland(371-A)
Andhra Pradesh
Central university
Mizoram
Same as Naga
Arunachal Pradesh
G law order