Indian Polity President To

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PRESIDENT:
 The President is mentioned in the Chapter I of Part V of the Indian
Constitution.
 The related articles are from 52 to 78 of the Indian Constitution.
 The President and Vice President are mentioned in the Articles from
52 to 73
 The article from 74 to 78 mentions about the Council of Minister
and Attorney-General of India.
 ARTICLE 52: There shall be a President of India.
 The President is the head of the Indian state.
 He is the first citizen of India.
 All the executive powers of the Indian Union are vested in the
President.
 ARTICLE 53: This mentions about the executive powers of the
Union.
 All the executive powers of the President are exercised either
directly or indirectly (through the officers subordinate to him).

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 ARTICLE 54: The President is elected by an electoral college.
 The President is elected by the elected members of
 Lok sabha
 Rajya Sabha
 State Assemblies
 State Assemblies of Delhi and Pondicherry. (Since
1992 through 70th amendment).
 ARTICLE 55: This Article mentions about the manner of the
election of the President.
 The President is elected indirectly.

 The election shall be by a secret ballot.
 The election shall be held in accordance with the system of
proportional representation by means of single transferable vote.
 ARTICLE 56: This article mentions about the term of the
President.
 The term of office is 5 years from the date on which the President
enters upon his office.
 The President can resign to his office by writing under his hand
addressed to the Vice President of India.
 The President continues to hold office until his successor enters
upon his office.
 ARTICLE 57: This article mentions bout the reelection of the
President.
 A person is eligible for reelection to the office of the President any
number of terms.
 ARTICLE 58: This article mentions about the qualifications for
election as President.
Qualification of a person to contest for the President:
 Citizen of India
 Should have completed 35 years of age
 Should not hold any office of profit
 Should be qualified for election as a member of the Lok
Sabha.
 Article 71: The disputes related to the election of the President of
India are challenged only in Supreme Court, and the decision of the
Supreme Court is final and exclusive.
 Note: On August 21, 2012 P A Sangma the defeated NDA (National
Democratic Alliance) candidate moved the Supreme Court
Challenging the election of Pranab Mukherjee as President

contending that he was holding offices of profit and hence not
eligible to contest for the post. The contention was that Pranab
Mukharjee was holding the office of profit like the leader of
Loksabha and the Chairman of Indian Statistical Institute. The
argument is that the lok sabha website was showing Pranab
Mukharjee as the leader of Lok Sabha even after submitting
nomination papers and continued up to July 30, 2012.
 Note: Article 71 also includes the disputes related to the election to
the office of the Vice-President also.
 Security Deposit: 15000/- (Fifteen thousand Rupees). Security
deposit will not be refunded if the candidate fails to get the 1/6th of
the votes polled.
 Nomination: A candidate for election to the office of the President
must be subscribed by at least 50 electors as proposers and 50
electors as seconders.
 Note: Before 1998 this was 10 proposers and 10 seconders.
 Each nomination paper should be accompanied by a certified copy
of the entry relating to the candidate in the electoral roll for the
Parliamentary constituency in which the candidate is registered as
an elector.
 ARTICLE 59: Conditions of the office of the President.
 The President shall not be a member of any house of Union or the
state legislature.
 He shallnot hold any office of Profit
 The President shall be entitled to the free use of his official residence
and such emoluments, allowances and privileges as may be
determined by the Parliament by law.
 Free travel
 Secretarial staff
 Free Telephone, water, electricity, rent free furnished
accommodation (Rashtrapati Bhavan)
 Free residence, Medicare, pension to the President’s spouse if the
President dies in office or after retirement.
 ARTICLE 60: This talks about the Oath or affirmation by the
President of India.
 OATH: Is administered by the Chief justice of India and in his
absence, the senior most judge of Supreme Court. (Acting President
should also take similar type of oath).
 The President takes an oath to preserve, protect and defend the
Constitution and the law.
 Salary and other \allowances are determined by the Parliament from
time to time.
 The salary and other allowances of the President cannot be
diminished during the term of office.
 Salary: 1,50,000/- (One Lakh and Fifty Thousands).
 Pension: 9,00,000/- (Nine Lakhs) per annum.
 Resignation: Addressed to the Vice President of India.
 ARTICLE 61: The procedure for impeachment of the President.
 Impeachment (Removal): The President can be impeached from the
office by a process of impeachment for “Violation of the
Constitution”.
 Charges can be initiated by any house of the Parliament.

 All the members of Loksabha and Rajya Sabha (Elected and
nominated) take part in the impeachment process of the
President.
 Assembly members are not permitted to take part in the
impeachment process of the President of India.
 The charges should be signed by 1/4th of the members of the
house.
 14 days notice is given to the President.
 After it is passed by the 2/3rd majority of the total
membership of the house it is sent to the other house.
 If the other house also passes the same with 2/3rd majority
of the total then the President stands impeached.

 (No Indian President has been impeached so far).
ARTICLE 62: VACANCY:
The Vacancy occurs
 On the expiry of tenure of 5 years
 Resignation
 Impeachment
 Death
 Otherwise. (If the election of the President is declared void
by the Supreme Court).
 In case of vacancy in the office of the President the Vice President
acts as the President. In case of vacancy in the office of the Vice
President the Chief Justice of India acts as the President.
 In case of vacancy the election should be held within a period of six
months.
 The newly elected President remains in office for a full term of five
years.
POWERS AND FUNCTIONS OF THE PRESIDENT:
 EXECUTIVE POWERS:
 All executive actions of the Government of India are formally
taken on the name of the President of India.
 The President appoints the Prime Minister.
 All other ministers are also appointed by the President on the
advice of the Prime Minister.
 The President allocated the business among the ministers.
 The President appoints Attorney-General of India.
 The Comptroller and Auditor General.
 The Chief Election Commissioner and other Election
Commissioners.
 The Chairman and Members of Union Public Service
Commission (UPSC).
 The Chairman and Members of Joint Public Service Commission
(JPSC).
 The Chairman and Members of Finance Commission.
 The Governors of states
 Appoints administrators to Union Territories.
 Appoints Commissions to investigate into conditions of SCs, STs
and Other Backward classes.
 Appoints the inter-state council to promote centre-state
cooperation.
 Declares an area as a scheduled area.
 LEGISLATIVE POWERS:
 ARTICLE 85: The President Summons, prorogues both the
houses of the Parliament and dissolves the Lok Sabha.
 President is a part of Parliament.
 Summon the Parliament.

 Prorogue the Parliament.
 Dissolves Loksabha. (Rajya Sabha is a permanent house it
cannot be dissolved).
 Summon the Joint session of the Parliament (Article 108).
So far Joint Session was conducted for 3 times.
Dowry Prohibition Bill 1960: As the Lok Sabha did not agree to the
amendments made by the Rajya Sabha , a joint session was held on May
6, 1961.
Banking Service Commission (Repeal) bill 1977: The Rajya Sabha
rejected the bill after it is passed in the Lok Sabha. A joint Sitting was
held on May 16, 1978.

Prevention of Terrorism Bill 2002: The bill was passed by the Lok
Sabha but, rejected by the Upper House. A joint sitting was held on March
26, 2002.
 The Speaker presides over the Joint session of the Parliament.
 ARTICLE 86: Address the Parliament at the commencement of
the 1st session every year (after January 1st, generally this is the
budget session, Please follow carefully) and also at the
commencement of the 1st session after general election (lok
Sabha Election)
 Nominates 12 members to Rajya sabha from the persons with
special knowledge or practicle experience in Science, Arts,
Literature and Social Service.
 Nominates 2 members to Lok Sabha from the Anglo-Indian
community. (If in the opinion of the President that the
Community is not adequately represented in the Lok Sabha)

 Decides the question of disqualification of the members of the
parliament in consultation with the Election Commission.
 Budget is introduced in Lok Sabha with the prior permission of
the President.
 A bill which is meant for the creation of a new state or altering
the boundaries of the existing states introduced in the parliament
with the Prior permission.
 A bill becomes an Act after the assent of the president.
 President has the right to return the bill for reconsideration.
Second time he must sign the bill. (Applicable for ordinary bills)
 President cannot return Money bills and constitution amendment
bills).
 Promulgates ordinances when the Parliament is not in the session.
(Article 123). Ordinance is valid for 6 months. However
ordinance must be passed by the Parliament within 6 weeks from
its reassembly.
 The President lays the reports of CAG, UPSC, Finance
Commission etc before the Parliament.
 FINANCIAL POWERS:
 Money bills are introduced in Lok sabha with the prior
permission of the President. (Note: All money bills are first
introduced in Lok sabha).
 Annual Financial Statement (Budget) is laid before the Lok
Sabha with the permission of the President.
 President can make advances out of the Contingency Fund of
India to meet any unforeseen expenditure.
 The President constitutes the Finance Commission (Article 280)
every 5 years.
 JUDICIAL POWERS:
 Appoints the Judges of Supreme Court and High Courts.
(Including the Chief Justice of India).
 Seeks advice from the Supreme Court (Article 143). However the
advice is not binding on the President.
 Grants Pardon, Commutation, Remission, Respite and Reprieve.
 DIPLOMATIC POWERS:
 International treaties are concluded by the President. (Subject to
the approval of the Parliament).
 Represents India in international forums.
 Sends and receives diplomats like ambassadors, high
Commissioners and so on.
 MILITARY POWERS:
 President is the Supreme commander of the armed forces.
 In this capacity appoints the Army Chief, the Navy Admiral and
the Air Marshall.

 President can declare war and peace. (Subject to the approval of
Parliament).
 EMERGENCY POWERS:
 The Constitution of India granted 3 types of emergency
powers to the President of India.
 National Emergency (Article 352)
 State Emergency or President’s Rule (Article 356)
 Financial Emergency (Article 360)
(The Emergency powers are discussed in detail in Emergency
Provision Chapter. Please go through).
 VETO POWERS: This is the authority of the President to withhold
assent to the bills passed by the Parliament. (A bill is introduced in
Parliament, after it is passed by both the houses with the assent of
the President bill becomes an act).

Under Article 111 of the Indian Constitution the President has 3
alternatives.
 Gives assent to the bill. Or
 Withhold the assent, or
 May return the bill (if it is not Money bill or Constitution
amendment bill). If the bill is passed again by the Parliament
with or without amendments, the President must give assent
to the bill.
The object of conferring this power on the President is to prevent
hasty and ill-considered legislation by the Parliament and also to
prevent a legislation which may be unconstitutional.
CLASSIFICATION OF VETO POWERS:

 Absolute veto
 Suspensive veto
 Pocket veto
 Absolute Veto: The power of the President to withhold the assent to
a bill passed by the Parliament.
 Suspensive Veto: The President returns the bill for the
reconsideration of the Parliament. If the bill is again passed by the
Parliament with or without amendments, it is obligatory for the
President to give assent to the bill.
 Pocket veto: The President neither rejects nor returns the bill, but
simply keeps the bill pending for an indefinite period of time.
o The President can also exercise pocket veto with respect to the
state legislations.
o When a bill is passed by the state legislature and sent to the
Governor for his consent. Under Article 200 of the constitution
the Governor
 May give assent to the bill, or
 Withhold the assent to the bill, or
 May return the bill for the reconsideration by the state
legislature, or
 May reserve the bill for the consideration of the President.
Under Article 201 of the Indian Constitution the President has
three alternatives.
 May give assent to the bill, or
 May withhold the assent to the bill, or

 May direct the Governor to return the bill for the
reconsideration of the state legislature. If the bill is passed
again with or without amendments and presented again to the
President for his assent, the President is not bound to give
assent. It means the state legislatures cannot override the veto
power of the President.
1. Ordinance making power: Article 123 of the Indian Constitution
empowers the President to promulgate (Proclaim, announce)
ordinances. These are in nature of temporary laws. This is the most
important legislative power of the President.
Limitations:
1. Ordinance can be proclaimed by the President only during recess
(when the Parliament is not in session).
2. Ordinance can also be issued when only one house is in session.
3. To legislate by ordinance is not parallel power of legislation.
4. Once proclaimed it is valid for a period of six months.

5. An ordinance cannot abridge or takeaway any of the Fundamental
Rights.
6. The decision of the President to issue an ordinance can be
questioned in a court on the ground that the President prorogued
one house or both the houses of the Parliament deliberately with
a view to issue an ordinance on a controversial subject.
7. Ordinance issued by the President must be laid before both the
houses of Parliament when it reassembles.
8. From that date it is valid for a period of six weeks.
9. The President can withdraw an ordinance at any time.
10. Ordinance cannot be issued to amend the constitution.
PARDONING POWERS: (Article 72):
 The power of the President under Article 72 is independent of
Judiciary.
 The basic idea is to correction of judicial errors.
 The President does not function as a court of appeal.
 The President cannot be compelled to give a hearing to a
petitioner.
 The decision of the President if final and courts cannot interfere
with the decions of the President. But, the courts can look into
whether the President has considered all the relevant material.
 PARDON: This removes both the sentence and the conviction and
completely absolves the convict all sentences, punishments and
disqualifications.
 COMMUTATION: This is the substitution of one form of
punishment for a lighter form.
 REMISSION: Reducing the period of sentence without changing
its character.
 Rigorous imprisonment (5 years) …………..> Rigorous
imprisonment (2 years)
 RESPITE: Awarding a lesser sentence in place of one originally
awarded because of some special facts.
 Ex: Pregnant woman, disabled persons etc
 REPRIEVE: This is the stay of execution of a sentence for a
temporary period
PRESIDENTS OF INDIA
Dr. Rajendra Prasad 1950-1962
Dr Sarvepalli Radhakrishnan 1962-1967

Dr. Zakir Hussain 1967-1969
Varahagiri Venkata Giri 1969(Acting)
Justice Mohammad Hidayatullah 1969(Acting)
Varahagiri Venkata Giri 1969-1974
Fakhruddin Ali Ahmed 1974-1977
B.D.Jatti 1977(Acting)
Neelam Sanjiva Reddy 1977-1982
Giani Zail Singh 1982-1987
R.Venkataraman 1987-1992
Dr.Shankar Dayal Sharma 1992-1997
K.R.Narayanan 1997-2002
Dr. A.P.J.Abdul Kalam 2002- 2007
Smt. Prathiba Patil 2007 – 2012
Pranab Mukharjee 2012 – till date
MISCELLANEOUS:
 In the election that chose V.V.Giri for President, Second preference
votes had to be counted.
 V V Giri was the only person in the History of India who got elected
to the office of the President as an Independent Candidate.
 Neelam Sanjeeva Reddy was the only person who got elected to the
office of the President unopposed.
 Dr Rajendra Prasad is the only person to have held President's office
for two terms.
 Dr Sarvepalli Radha Krishanan (1962) and Dr. Zakir Hussain (1967)
got elected to the office of the President without resigning to the
Vice-President of India.
 In the year 1969 VV Giri the then Vice-President of India resigned
to the position of the Vice-President before filing his nomination
papers for the election to the office of the President.
 In the year 1977 Dr Nilam Sanjeeva Reddy the then lok Sabha
Speaker resigned to the position before filing his nomination papers
for the election to the office of the President.
 The President and Vice-President elections are conducted according
to the provisions of the Presidential Act of 1952. This act was
amended in 1974 and 1997.
 So far 13 times the election for the office of the President was held.
 The election of the President or the Vice-President candidate cannot
be called in question simply on the ground of there being any
vacancy among the members of the Electoral College.

 In the year 1958 in N B Khare v Election Commission of India) the
Supreme Court ruled that a person who is neither a candidate nor an
elector cannot file a suit challenging the validity of the election of
the President.
 In the year 1974 on the reference made by the President to the
Supreme Court (Article 143(1)) the court held that the election to
the office of the President cannot be postponed or invalidated on the
ground that the electoral college was incomplete or not fully
constituted because of some state assembly having been dissolved.
The election must be held before the expiry of the incumbent
President.
 Sarvepalli Radhakrishanan (1962 – 67) was the first President of
India to impose National emergency (1962 during the war with
China).
 Zakir Hussian (1967 – 69) was the first Muslim President of India.
He was the President for a very short period (1967 – 69). He was the
first President of India who died in the office.
 V V Giri was the first person who served as the acting President of
India. (1969)
 B D Jetti was the second person who served as the acting President.
(1977 after the sudden demise of then President Fakruddin Ali
Ahmed).
 Justice Hidaytullah was the only Chief Justice of India who served
as the acting President of India. (In the year 1969 after the death of
then President Zakir Hussain the Vice President V V Giri resigned
to contest in the election of the President).
 V V Giri (1969 – 74) was the second President to declare National
Emergency. (In the year 1971 during the war with Pakistan).
 Fakruddin Ali Ahmed (1974 – 77) was the 3rd President of India who
declared the National Emergency. (1975, because of internal
disturbances).
 Fakruddin Ali Ahmed issued highest number of Ordinances.
 Neelam Sanjeeva Reddy (1977 – 82) was the only President of India
who got elected unopposed. (1977). He was the youngest to serve as
the President of India.
 R venkataraman was the eldest of all the Presidents.
 Zail Singh (1982 – 87) was the only President who used the power
of Pocket Veto. (Postal bill)
 R Venkataraman (1987 – 1992) wrote “My Presidential Years”. In
this book he mentioned the President as the emergency lamp.

 K R Narayanan (1997 – 2002) was the first Dalit President of India.
During the 12th Lok Sabha elections in the year 1998 he exercised
the right to vote, thus becoming the first President to vote in the
general elections.
 Abdul Kalam (2002 – 2007).
 Pratibha Patil (2007 – 2012): The first woman President of India.
She belongs to Maharashtra and served as the first woman Governor
of Rajasthan.
 In the year 1961 the then President Dr. Rajendra Prasad took a break
for 5 months following his illness and resumed charge of his duties
as President on December 20, 1961. During his absence the then
Vice President Dr. Sarvepalli Radhakrishnan acted as the President
of India.
VICE-PRESIDENT:
 Vice President is accorded a rank next to the President in the
official warrant of precedence.
 As the Vice President of India no functions have been assigned to
him in the Constitution of India.
 Article 63: There shall be a vice President of India.
 Article 64: The Vice President shall be the ex-officio Chairman
of the Rajya Sabha.
 Note: The Vice President is like a counter part of the Speaker of
the Lok Sabha.
 Article 65: The Vice President shall act as the President in the
event of a vacancy in the office of the President by reason of his
death, resignation or removal or otherwise.

 At the time of acting as the President or discharging the functions
of the President the Vice President shall not perform the duties of
the Chairman of Rajya Sabha. (Article 64).
 Article 66: Qualifications for the election of Vice President
 Article 66 (1): The Vice President is elected by an electoral
college consisting of the members of the two houses of the
Parliament in accordance with the system of proportional
representation by means of a single transferable vote.
 A sitting Vice President is eligible for reelection.
 Article 67: The term of office of the President is 5 years
 The office may be terminated by resignation or removal.
 A formal impeachment is not required.
 The election to the office of the Vice President has to be
completed before the expiration of the term.
 Article 68: this article talk about the time of holding the elections
to fill vacancy in the office of Vice President and the term of office
of the Vice President to fill casual vacancy

 Article 69: Oath of the Vice President
 Article 70: Discharge of the functions of the President in other
contingencies
 Article 71: Disputes related to the election of the Vice President
can be challenged only in Supreme Court
 Article 72: President Pardon powers
 Article 73: Extent of executive powers of the union.
ELECTION:
1. VP is elected indirectly by the members of an electoral college
consisting of the members of both Lok sabha and Rajyasabha. (It
includes nominated members also).
2. Election is held in accordance with the system of proportional
representation by means of the single transferable vote and the voting
is by secret ballot.
QUALIFICATIONS:
 Should be a citizen of India.
 Should have completed 35 years of age.
 Should not hold any office of profit
 Should be qualified for election as a member of the Rajya Sabha.
Sitting President or Vice-President of the union, the Governor of any
state and a minister of the union or any state is not deemed to hold any
office of profit and hence qualified for being a candidate for vice-
President.
Nomination for the election must be subscribed by at least 20 electors
as proposers and 20 electors as seconders.
Contesting candidate has to make a security deposit of 15,000/-.

OATH:
The oath of office to the VP is administered by the President or some
person appointed by him.
TERM: 5 years.
RESIGNATION: Submits the resignation letter to the President of
India.
REMOVAL: 14 days advance notice should be given. By a resolution
of the Rajya Sabha passed by an absolute majority and agreed to by the
Lok Sabha.
Absolute majority: Majority of the total members of the house.

The reasons for the removal of the Vice President are not mentioned in
the Constitution.
REELECTION: Sitting Vice President can be reelected to the office
any number of terms. So far only the first VP of India Dr. S.
Radhakrishanan was the only person who got elected to the office of
VP for two terms.
VACANCY:
1. On the expiry of term 5 years.
2. By death
3. By resignation
4. By removal from the office
5. Otherwise
In case of vacancy the election must be held as soon as possible. The
newly elected VP remains in office for a full term of 5 years from
the date of assuming charges.
ELECTION DISPUTES: (Article 71)
The election disputes in relation with election of the Vice-President are
enquired into and decided by the Supreme Court. The decision of
Supreme Court is final and exclusive.
FUNCTIONS of the Vice-President:
1. Acts as the ex-officio chairman of Rajya Sabha.
2. Acts as the President in the absence of the President due to death,
resignation, and removal or otherwise.
The Vice-President while acting as the President does not perform the
duties of the Chairman of Rajya Sabha.

SALARY AND EMOLUMENTS:
1. Salary is drawn in the capacity of Chairman of Rajya Sabha.
2. Draws a salary of 1, 25,000/-.
3. Entitled to free residence, Daily allowance, medical and other
allowances.
4. While acting as the President of India he is entitled to draw the salary
of the President and not that of Chairman of Rajya Sabha.
VICE-PRESIDENTS OF INDIA
Dr.Sarvepalli Radhakrishnan 1952-1962
Dr. Zakir Hussain 1962-1967
Varahagiri Venkata Giri 1967-1969
Gopal Swarup Pathak 1969-1974
B.D.Jatti 1974-1979
Mohammaed Hidayatullah 1979-1984
R. Venkataraman 1984-1987
Dr. Shankar Dayal Sharma 1987-1992
K.R.Narayan 1992-1997
Krishan Kant 1997-2002
Bhairon Singh Sekhawat 2002-2007
Mohd. Hamid Ansari 2007 - till date (2nd term)
PRIME MINISTER:
Appointment: Article 75 of the Indian Constitution specifies that the
Prime Minster is appointed by the President.
In accordance with the conventions and practices of the Parliamentary
form of Government the President has to appoint the leader of the majority
party in Lok Sabha as the Prime Minister.

In case no party has a clear majority then the President may exercise his
personal discretion in the appointment of the Prime Minister.
This power was first executed in India in the year 1979 when Dr Neelam
Sanjeeva Reddy appointed Charan Singh as the Prime Minister after the
collapse of the Janata Party Government.
The Prime Minister may be a member of any of the two houses of the
Parliament. Indira Gandhi (1966), Deve Gowda (1996), Manmohan Singh
(2004) were the members of Rajya Sabha.
Term:
The tem is not fixed.
The Prime Minister holds the office during the pleasure of the President.
As long as the Prime Minister enjoys the majority support in the Lok
Sabha, he cannot be removed by the President.

Salary: This is determined by the Parliament from time to time.
Resignation: The PM submits the resignation to the President.
When the PM resigns or dies the Council of Ministers stands dissolved.
FUNCTIONS OF THE PRIME MINISTER:
 The Prime Minister is the leader of the Government.
 Recommends members to the President who can be appointed as the
Ministers. The President can appoint only those persons as Ministers
who are recommended by the Prime Minister.
 The PM allocates various portfolios among the Ministers.
 The PM reshuffles the portfolios.
 The PM asks a Minister to resign.

 The PM advises the President to remove a Minister.
 The PM presides over the meeting of Council of Ministers.
 The PM is the principal channel of communication between the
President and the Council of Ministers.
 Under Article 78 it shall be the duty of the Prime Minister to
communicate to the President all decisions of the Council of
Ministers relating to the administration of the affairs of the
Government and proposals for the legislation.
 The PM advises the President with respect to the appointment of
Attorney General, Union Public Service Commission Chairman and
Members, Comptroller and Auditor General, Chief Election
Commissioner and other Election Commissioners, Chairman and
members of Finance Commission etc.
 The PM advises the President with regard to the summoning and
proroguing of the Parliament.
 The PM recommends the President for the dissolution of Lok Sabha.
 The PM is the Chairman of Planning Commission, National
Development Council, National Integration Council, National

Population Council, Inter State Council and National Water
Resource Council.
 In discharging the duties the PM is assisted by the Prime Minister’s
Office (PMO).
THE COUNCIL OF MINISTERS:
 The Council of Ministers is the real executive authority.
 The Council of Ministers is headed by the PM.
 Article 74(1) of the Indian Constitution: There shall be a Council of
Ministers headed by the PM to aid and advice the President.
 The Council of Ministers is of three categories, Cabinet Ministers,
Ministers of State and Deputy Ministers.
 A Minister of State is either given an independent charge or given
the charge of department headed by a Cabinet Ministers.
 A Deputy Minister assists either a Cabinet Minister or a Minister of
State.
APPOINTMENT:
 Article 75 (1): The PM is appointed by the President and other
Ministers are also appointed by the President on the advice of the
PM.
 The President appoints only those persons as the Ministers who are
recommended by the PM.
 A Minister (PM is also a Minister) must be a member of either
Loksabha or Rajya Sabha.
 If a person who is not a member of either of the houses of the
parliament is appointed as the Minister, must become a member of
the Parliament with in a period of 6 months.
OATH:
1. Oath is administered by the President.

STRENGTH:
 The strength of the Council of Minister including the Prime
Minister should not exceed 15 percent of the total strength of the
Lok Sabha. (Note: Not the total strength of the Parliament).
 This restriction was imposed through the 91st amendment act of
2003 by amending the Article 75 of the Indian Constitution.
SALARY:
1. This is decided by the Parliament from time to time.
2. A minister gets the salary and allowances of that are payable to a
Member of Parliament. Additionally he gets a sumptuary allowance
according to his rank, free accommodation, Travelling allowance,
medical facilities etc.
FUNCTIONS:
 Article 75(2): A minister is individually responsible to the President.
It means a Minister hold the office during the pleasure of the
President. A Minister submits the resignation to the President. The
President can remove a Minister only on the advice of the PM.
 Article 75(3): The Council of Ministers is collectively responsible to
the Loksabha. (Swim or Sink together).
 The Council of Ministers advice the President to dissolve the
Loksabha.
 The decision of Cabinet is binding on every Minister.
DEPUTY PRIME MINISTER:
 This is not mentioned in the Constitution.
 The Deputy Prime Minister is appointed mostly for political reasons.
 Sardar Vallbhbhai Patel was the first Deputy PM of India. Morarji
Desai, Charan Singh, Babu Jagjeevan Ram, Devi Lal, LK Advani
have served as Deputy PM so far.

The Council of Ministers is a Constitutional body that is dealt in
detail by the Article 74 and 75 of the Indian Constitution.
The word “Cabinet” is not originally mentioned in the
Constitution. It was added in Article 352 in the year 1978
through 44th amendment.
PRIME MINISTERS
Jawaharlal Nehru 1947-1964
Gulzari lal Nanda 1964 (Acting)
Lal Bahadur Shasktri 1964-66
Gulzari Lal Nanda 1966(Acting)
Indira Gandhi 1966-1977
Morarji Desai 1977-1979
Charan Singh 1979-1980
Indira Gandhi 1980-1984

Rajiv Gandhi 1984-1989
Vishwanath Pratap Singh 1989-1990
Chandra Sekhar 1990-1991
P.V.Narasimharao 1991-1996
A.B.Vajpayee 1996 (for 13 days)
H.D.Deva Gowda 1966-1997
I.K.Gujral 1997-1998
A.B.Vajpayee 1998-2004
Dr. Manmohan Singh 2004 – 2014
Narendra Modi 2014 – till date

ATTORENY-GENERAL
 The Office of the Attorney-General of India is mentioned under part
V (Union Executive) of the Indian Constitution.
 Article 76 of the Constitution of India provides for the office of the
Attorney General of India.

APPOINTMENT:
 The Attorney General of India is appointed by the President.
QUALIFICATIONS:
 The person must be a citizen of India.
 The person must be qualified to be appointed as a judge of the
Supreme Court.
TERM:
 The term of office of the Attorney-General is not fixed by the
Constitution.
 The Attorney General of India holds the office during the pleasure
of the President.
REMOVAL:
 The Attorney General of India is removed by the President of India.
 The Procedure and the grounds for the removal of the Attorney
General is not mentioned in the Constitution.
RESIGNATION:
 The Attorney General submits the resignation to the President of
India.
SALARY:
 The salary of the Attorney General is decided by the President from
time to time.
FUNCTIONS:
 The Attorney General of India is the first law officer of the country.
 The Attorney General gives advice to the Government of India upon
such legal matters which are referred by the President.
 The Attorney General also performs functions of legal character that
are assigned by the President.
 The Attorney General also discharges the functions conferred by the
Constitution or any other law.
 The Attorney General of India appears on behalf of the Government
of India in all cases in the Supreme Court in which the Government
of India is concerned.
 The Attorney General of India represents the Government of India
in any reference made by the President to the Supreme Court under
Article 143 of the Constitution.
 The Attorney General appears in any High Court in any case in
which the Government of India is concerned.
 The Attorney General of India has the right to audience in nay court
in the territory of India.
 The Attorney General of India has the right to speak and take part in
the proceedings of both the houses of Parliament or in the joint
session of the parliament without a right to vote.
 Note: Only the members of the Parliament have the right to vote in
their respective house.
 The Attorney General of India enjoys all the privileges and
immunities that are available to a Member of Parliament.

PART VI (Article 79–122) (THE PARLIAMENT(UNION
LEGISLATURE):
1. The Parliament consists of three parts.
a. The President
b. The Council of States (Upper House / Rajya Sabha)
c. The House of the People (Lower House / Lok Sabha)
2. The President is the integral part of the Parliament, but does not
attend the meetings of the parliament.
3. A bill that is passed by both the houses of the parliament will become
a law after it is duly attested by the President.
RAJYA SABHA:
 The Rajya Sabha was constituted in the year 1952.

 The fourth schedule of the Indian Constitution deals with the
allocation of seats in the Rajya Sabha to the states and Union
Territories.
 The seats are allotted to the states in Upper House on the basis of
population.
 The maximum strength of Rajya Sabha is 250 members.
 Out of this 238 are the representatives of the states and Union
Territories.
 These 238 are elected indirectly by the elected members of
Legislative Assemblies of the concerned states.
 Remaining 12 are nominated by the President who are experts in
various field like Science, Arts, Literature and Social Service.
 This is a permanent house. It is not subjected to dissolution.
 1/3rd members retire at the end of every second year.
 The retiring members are eligible for re-election.
 The Constitution has not fixed the term of a member of Rajya Sabha
and this is left to the Parliament.

 The Parliament in the Representation of Peoples Act provided that
the term of a member of Rajya Sabha is fixed at 6 years.
QUALIFICATIONS:
 Must be a citizen of India.
 Must not be less than 30 years of age.
 Must possess other qualifications as prescribed by the Parliament.
 The Parliament has laid down additional qualifications in the
Representation of Peoples Act of 1951.
 Must be registered as an elector for a parliamentary constituency in
the concerned state or Union Territory.
DISQUALIFICATIONS (Under the Constitution):
 If holds any office of profit under the Union or State government.

 If the person is of unsound mind and stands so declared by a court.
 If the person is an un-discharged insolvent.
 If the person is not a citizen of Indian or has voluntarily acquired the
citizenship of a foreign state.
 If so disqualified under any law made by the Parliament.
DISQUALIFICATIONS UNDER (RPA of 1951):
 Must not have been found guilty of certain election offences or
corrupt practices in the elections.
 Must not have been convicted for any offence resulting in
imprisonment for 2 or more years. (Detention is not a
disqualification).
 Must not have failed to lodge an account of his election expenses
within time.
 Must not have any interest in government contracts, works or
services.
 Must not be a Director nor holds any office of profit in a corporation
in which the government has at least 25 percent stake.
 Must not have been dismissed from government service for
corruption or disloyalty to the state.
 Must not have been convicted for promoting enmity between
different groups.
 Must not have been punished for preaching and practicing social
crimes such as untouchability, dowry and sati.
With relation to the above disqualification the decision of the
President is final after obtaining the opinion of the election
commission.
LOK SABHA:
 The maximum strength of Lok Sabha is 552.
 Out of this 530 are the representatives of states directly elected by
the people.
 20 members are the representatives of Union Territories directly
elected by the people.
 Remaining 2 members are nominated by the President from the
Anglo-Indian community.
 Note: The nominated members in the 15th Lok Sabha are Smt. Ingrid
Mcleod and Shri Charles Dias.
 Present strength of Loksabha is 545 (530 (states) +13 (UT’S) + 2
(nominated).
All the citizens of India who are above the age of 18 are eligible to
vote. Intially the voting age was fixed at 21. Through 61st
constitutional amendment this was reduced to 18.
The provision to nominate Anglo-Indians was to operate till 1960
only. Periodically it has been extended 10 years through the
constitutional amendments. Now it has been extended up to 2020
through 109th amendment of the constitution.
1. The number of seats in Lok Sabha must be readjusted after every
census.
In India the Census operation is Conducted every 10 years
2. Accordingly the Parliament enacted the Delimitation Commission
Acts in 1952, 1962, 1972 and 2002 for this purpose.
42nd Constitutional amendment Act of 1976 froze the allocation of
seats in the Lok Sabha to the states and the division of each state into
territorial constituencies till the year 2000 at the 1971 census level.
84th Constitutional amendment Act of 2001 it was readjusted and the
number of seats in Lok Sabha frozen up to the year 2026.
3. The Constitution provided the reservation of seats for Schedule
castes and Scheduled tribes in the Lok Sabha on the basis of
population ratio.
The reservation for SC’s and ST’s was to operate till 1960 only.
Periodically it has been extended 10 years through the constitutional
amendments. Now it has been extended up to 2020 through 109th
amendment of the constitution
4. The term of Lok sabha is 5 years from the date of its first meeting
after general elections.
5. The President can dissolve the Lok Sabha at any time before the
completion of 5 years.
6. The term of Lok Sabha can be extended by the Parliament during
National Emergency. This is for one year at a time for any length of
time.
QUALIFICATIONS:
 Must be a citizen of India.
 Must not less than 25 years of age.
 Must possess other qualifications as prescribed by the Parliament.
The Parliament has laid down additional qualifications in the
Representation of Peoples Act of 1951.
1. Must be registered as an elector for some parliamentary constituency
in India.
DISQUALIFICATIONS (Under the Constitution):
 If holds any office of profit under the Union or State government.
 If the person is of unsound mind and stands so declared by a court.
 If the person is an un-discharged insolvent.
 If the person is not a citizen of Indian or has voluntarily acquired
the citizenship of a foreign state.

 If so disqualified under any law made by the Parliament.
DISQUALIFICATIONS: (UNDER Representation of Peoples Act of
1951):
 Must not have been found guilty of certain election offences or
corrupt practices in the elections.
 Must not have been convicted for any offence resulting in
imprisonment for 2 or more years. (Detention is not a
disqualification).
 Must not have failed to lodge an account of his election expenses
within time.
 Must not have any interest in government contracts, works or
services.
 Must not be a Director nor holds any office of profit in a
corporation in which the government has at least 25 percent stake.
 Must not have been dismissed from government service for
corruption or disloyalty to the state.

 Must not have been convicted for promoting enmity between
different groups.
 Must not have been punished for preaching and practicing social
crimes such as untouchability, dowry and sati.
With relation to the above disqualification the decision of the
President is final after obtaining the opinion of the election
commission.
YEAR OF ELECTION TO LOK SABHA:
1st - 1951
2nd - 1957
3rd - 1962
4th -
1967
5th - 1971
6th - 1977
7th - 1980
8th - 1984
9th - 1989
10th - 1991
11th - 1996
12th - 1998
13th - 1999
14th - 2004
15th - 2009
16th - 2014
THE SUPREME COURT: (Articles 124 to 147)

 The Articles 124 to 147 in part V of the constitution deal with the
independence, jurisdiction, powers, and procedures of the Supreme
Court.
 The Federal Court of India was established in the year 1935 under
the Government of India (GOI) Act of 1935.
 The Federal Court of India was followed by the Supreme Court.
 The Supreme Court of India was inaugurated on January 28, 1950.
 The Indian Constitution established as integrated judicial system of
Courts.
 The single system of courts adopted from the Government of India
(GOI) Act of 1935.
 The Supreme Court is the apex court (Top most in the hierarchy) in
the country.
 The High Courts are below the Supreme Court.
 Under the High Court there is a system of subordinate courts.
(District Courts and other lower courts).
 The Supreme Court is the guardian of the Constitution.
 The Supreme Court is the highest court of appeal.

 The Supreme Court is the guarantor of the Fundamental Rights of
the citizens.
 The Security of tenure is provided to the judges by the Constitution.
This means the judges of Supreme Court can be removed by the
President only in the manner and on the grounds mentioned in the
Constitution.
 The Judges of the Supreme Court do not hold the office during the
pleasure of the President.
 (NOTE: We learnt in the previous chapters that the Ministers do not
have security of tenure and they hold the office during the pleasure
of the President).
 So far how many judges of Supreme Court have been removed?
 No Supreme Court judge was removed so far in independent India.
 Except during the Financial Emergency the service conditions of the
Supreme Court judges cannot be varied to their disadvantages.
 The salaries, allowances and pensions of the Supreme Court judges
and staff as well as the administrative expenses are charged on the

consolidated find of India. (It means they are discussed in the
Parliament and non- votable).
 The actions and decisions of the Supreme Court cannot be criticized
and opposed by anybody. If so it is considered as contempt of court.
 The CJI appoints officers and servants of the Supreme Court. (No
interference by the executive).
 The Parliament cannot curtail the jurisdiction of the Supreme Court.
 The Parliament can extend the Jurisdiction of the Supreme Court.
STRENGTH OF SUPREME COURT:
 The original strength (1950) of the Supreme Court was eight judges.
 This includes one Chief Justice of India (CJI) and seven other
judges.
 The strength was increased to ten (10) in the year 1956.
 The same was increased to thirteen (13) in the year 1966.
 It was further increased to seventeen (17) in the year 1977.
 The strength was increased to twenty five (25) in the year 1986.
 The present strength of Supreme Court is thirty one (31).
 The Parliament of India is empowered to increase the strength from
time to time.
QUALIFICATIONS OF JUDGES OF THE SUPREME COURT:
 Should have been a judge of a High Court(s) for five (5) years.
(OR)
 Should have been an advocate of High Court(s) for ten (10) years.
(OR)
 Should have been a distinguished jurist in the opinion of the
President.
 (Note: The Constitution has not prescribed a minimum age for
appointment of a judge of the Supreme Court).
APPOINTMENT OF JUDGES:
 The judges of the Supreme Court are appointed by the President.
 The Chief Justice of India (CJI) is appointed by the President after
consultation with such judges of the Supreme Court and High Courts
as the President deems necessary.
 The other judges are also appointed by the President after
consultation with the Chief Justice of India and such other judges of
the Supreme Court and the High Court as the President deems
necessary.
 (IMPORTANT: While appointing the other judges of the Supreme
Court the consultation with the Chief Justice of India is obligatory
for the President).
 From the year 1950 to 1973 a practice has been established that the
senior most judge of the Supreme Court is appointed as the Chief
Justice of India.
 The convention was violated in the year 1973 when A N Ray was
appointed as the CJI by superseding three senior judges.

 In the year 1977 M U Beg was appointed as the CJI by superseding
the then senior most judge of the Supreme Court.
 In the year 1993 in the second judges case the Supreme Court ruled
that that the senior most judged of the Supreme Court alone be
appointed as the CJI.
OATH:
 The person appointed as a judge of the Supreme Court has to make
and subscribe an oath or affirmation before the President or the other
judges of the Supreme Court are sworn in by the Chief Justice of
India.
 In the absence of the President some other person appointed by the
President would perform the same.
TENURE (TERM):
 The Constitution has not fixed the tenure of a judge of the Supreme
Court.
 A judge holds the office till he/she attains the age of 65 years.
SALARY:
 The salaries, privileges, leaves and pensions of the Supreme Court
are determined by the Parliament from time to time.
 At present the salary of the Chief Justice of India is Rs. 1, 00,000/-
(One Lakh).
 The Salary of other Judge of the Supreme Court is 90,000/- (Ninety
Thousands).
RESIGNATION:
 A judge submits the resignation to the President of India.
IMPEACHMENT OR REMOVAL:
 A judge of the Supreme Court can be removed through
impeachment.
 A judge can be removed from the office by the President on the
recommendation by the Parliament.
 There are two grounds that are mentioned in the Constitution for the
removal of judge of the Supreme Court.
 Proved Misbehavior
(OR)
 Incapacity.
 The removal procedure of a Judge of the Supreme Court is initiated
either in the Lok Sabha or in the Rajya Sabha.
 If the procedure begins in Lok Sabha.
 A removal motion of a Supreme Court judge is signed by 100
members in the case of Lok Sabha.
 The signed removal motion is to be given to the Speaker.
 The speaker may admit or refuse to admit the same.

 If it is admitted the speaker constitutes a three member
committee to investigate into the charges.
 The committee should consist of
 the CJI (OR) a judge of the Supreme Court
 a chief justice of a high court
 A distinguished jurist.
 If the committee finds the judge to be guilty of misbehavior or
suffering from incapacity the Lok Sabha can take up the
consideration of the motion.
 After it is passed in Lok Sabha with a special majority the
motion is presented to the Rajya Sabha.
 If it is also passed in the Rajya Sabha with a special majority an
address is presented to the President for the removal of the
judge.
 The President passes an order removing the judge.
 If the procedure begins in Rajya Sabha.

members in the case of Rajya Sabha.
 The signed removal motion is to be given to the Chairman.
 The Chairman may admit or refuse to admit the same.
 If it is admitted the Chairman constitutes a three member
suffering from incapacity the Rajya Sabha can take up the
 After it is passed in the Rajya Sabha with a special majority the
motion is presented to the Lok Sabha.

 If it is also passed in the Lok Sabha with a special majority an
judge.
NATIONAL JUDICIAL COMMISSION:
 Since beginning there was demand to establish the National Judicial
Commission.
 The National Judicial Commission will be vested with the final
authority to deal with the matters of selection, promotion and
transfer of the Judges of both Supreme Court and High Courts.
 Establishment of the National Judicial Commission was first
recommended by the Law Commission in the year 1987.

 In the year 1990 a constitutional amendment bill was introduced in
the Parliament by the National Front Government headed by the
then Prime Minister V P Singh.
 The bill was lapsed because of the dissolution of the Lok Sabha.
 The National Commission to review the working of the Constitution
(2000-2002) headed by Justice M N Venkatachalaiah also suggested
the establishment of the National Judicial Commission under the
Constitution.
MISCELLANEOUS:
 Under Article 121 of the Indian Constitution no discussion shall take
place in Parliament with respect to the conduct of any judge of the
Supreme Court or of a high Court in the discharge of his duties
except upon a motion for presenting an address to the President
praying for the removal of the Judge.
 In the absence of the CJI the President can appoint a judge of the
Supreme Court as an acting CJI.

 The CJI can appoint a judge of a High Court as an ad hoc
(temporary) judge of Supreme Court. (This can be done by the CJI
only with the prior permission of the President).
 The CJI can request a retired judge of the Supreme Court or High
Court to act as a judge of the Supreme Court for a temporary period
of time.
 The Supreme Court of India is located in Delhi.
 The CJI can set up the Benches of the Supreme Court of India in
other places of the Country by the CJI with the prior permission of
the President.
 The Constitutional cases or references made by the President under
article 143 of the Constitution are decided by a bench consisting of
at least five judges.
 All other cases are usually decided by a bench consisting of not less
than three judges.
 The Original Jurisdiction of Supreme Court means it decides the
disputes between the Centre and one or more states. The center and
one or more states on one side and other state or states on the other
side or the disputes between the two states.

 The Writ jurisdiction of the Supreme Court means it is
empowered to issue the writs including the habeas corpus,
mandamus, prohibition, certiorari and quo- warrento. (Note: High
Courts are also empowered to issue the writs).
 Note: The Supreme Court can issue writs for the enforcement of
Fundamental Rights only, where as the High Courts can issue the
writs not only for the enforcement of the Fundamental Rights but
also for other purposes.
 The Supreme Court has the appellate jurisdiction. The Supreme
Court not only succeeded the Federal Court but also replaced the
British Privy Council as the highest court of appeal. The Supreme
Court hears the appeals against the judgments of the lower courts.
The appellate jurisdiction is classified into four categories.
Constitutional matters, Civil matters, Criminal matters and Appeal
by Special Leave.
 The Advisory Jurisdiction (Consultative Jurisdiction) of the
Supreme Court means the Constitution under the article 143
authorizes the President of India to seek the opinion of the Supreme

Court in two types of matters. On any question of law or fact of
public importance which has arisen or which is likely to arise. (In
this case the Supreme Court may tender or refuse to tender its
opinion to the President). Secondly, on any dispute arising out of
any pre constitution treaty, agreement, covenant, engagement or
other similar instruments. (These are the agreements between the
central government and the princely states between 1947 and 1950).
 The Supreme Court is also a court of records. The judgments of
the Supreme Court are admitted to be of evidentiary value and
cannot be questioned when produced before any court. Secondly,
the Supreme Court has also got the power to punish for the contempt
of court.
 The Judicial review is the power of the Supreme Court to examine
the constitutionality of legislative enactments and executive orders
of both the central and state governments.
 The judicial review is needed to uphold the principle of the
supremacy of the Constitution, to maintain the concept of federalism

(balance between the central and state governments) and also to
protect the fundamental rights of the citizens.
 Note: The “Judicial Review” is not mentioned in the Constitution.
 The Supreme Court used the power of judicial review in
 Golaknath Case – 1967
 Bank Nationalization case – 1970
 The Privy purses abolition case - 1971
 The Kesavananda Bharti case – 1973
 The Minerva Mills case - 1980
 The Supreme Court has the power to review its own judgment or
order.
 The Supreme Court is the ultimate interpreter of the Constitution.
 The Supreme Court alone decides the disputes related to the election
of the President and Vice President.
 The Supreme Court recommends the President regarding the
removal of the Chairman or members of Union Public Service
Commission. And, the advice tendered by the Supreme Court is
binding on the President.

THE HIGH COURT: (Articles 214 to 231, PART VI)
 The Articles 214 to 231 in part VI of the constitution deal with the
independence, jurisdiction, powers, and procedures of the High
Court.
 The Supreme Court is the apex court (Top most in the hierarchy) in
the country.
 The High Courts are below the Supreme Court.
 The High Court occupies the top position in the judicial
administration of state.
 Under the High Court there is a system of subordinate courts.
(District Courts and other lower courts).
 The Institution of High Court originated in India in the year 1862.
 The first High Courts were set up in India in Calcutta, Bombay
and Madras.
 In the year 1866 the fourth High Court was set up in Allahabad.
 The Constitution of India provides for a High Court in each state.
 The 7th amendment (1956) Act authorized the Parliament to
establish a common High Court for 2 or more states.
 At present there are 24 High Courts in the country.
 There are three common High Courts in the country.
 Out of 7 Union Territories in the country Delhi is the only Union
Territory with a High Court.
 The Parliament is empowered to extend or exclude the jurisdiction
of a High Court.
 The Security of tenure is provided to the judges of High Courts by
the Constitution. This means the judges of High Court can be
removed by the President only in the manner and on the grounds
mentioned in the Constitution.
 The Judges of the High Court do not hold the office during the
pleasure of the President.
 So far how many judges of High Court have been removed?
 No High Court judge was removed so far in independent India.

 Except during the Financial Emergency the service conditions of the
High Court judges cannot be varied to their disadvantages.
 The salaries, allowances and pensions of the High Court judges are
determined from time to time by the Parliament.
 The salaries, allowances and pensions of the High Court judges and
staff as well as the administrative expenses are charged on the
consolidated find of state. (It means they are discussed in the
Parliament and non- votable).
 The actions and decisions of the High Court cannot be criticized and
opposed by anybody. If so it is considered as contempt of court.
 The CJI appoints officers and servants of the Supreme Court. (No
interference by the executive).
 The Parliament cannot curtail the jurisdiction of the Supreme Court.
 The Parliament can extend the Jurisdiction of the Supreme Court.
QUALIFICATIONS OF JUDGES OF THE HIGH COURT:

 Should have held a judicial office in the territory of India for 10
years.
(OR)
 Should have been an advocate of a High Court for ten (10) years.
 PLEASE NOTE: There is no provision for appointment of an
eminent jurist as a judge of a High Court.
(Note: The Constitution has not prescribed a minimum age for
appointment of a judge of a High Court).
APPOINTMENT OF JUDGES:
 The judges of the High Court are appointed by the President.
 The Chief Justice (CJ) is appointed by the President after
consultation with the CJI and the Governor of the concerned state.
 In case of common High Court for 2 or more states the Governors
of all the states are concerned by the President.

OATH:
 The person appointed as a judge of the High Court has to make and
subscribe an oath or affirmation before the Governor of the state.
 In the absence of the Governor some other person appointed by the
President would perform the same.
TENURE (TERM):
 The Constitution has not fixed the tenure of a judge of the Supreme
Court.
 A judge of High Court holds the office till he/she attains the age of
62 years.
 (Note: The question regarding the age is to be decided by the
President of India in consultation with the CJI (Chief Justice of
India) and the decision of the President is final).
 Note: Through 15th Amendment Act of 1963 the retirement age of
the High Court judges has been increased from 60 to 62 years.

SALARY:
 The salaries, privileges, leaves and pensions of the Supreme Court
are determined by the Parliament from time to time.
 At present the salary of the Chief Justice of High Court Rs. 90,000/-
(Ninety Thousands).
 The Salary of other Judge of the High Court is 80,000/- (Eighty
Thousands).
 The salaries of the High Court judges are charged on the
Consolidated Fund of the state.
 (Note: Salaries decided by the Parliament and given by the states).
PENSION:
 The Pension of the High Court judges is charged on the
Consolidated Fund of India and not by the state.
 Note: Salaries are paid by the States and pension by the Central
Government.
RESIGNATION:
 A judge submits the resignation to the President of India.
IMPEACHMENT OR REMOVAL:
 A judge of the High Court can be removed through impeachment.
 A judge can be removed from the office by the President on the
recommendation by the Parliament.
 (Removed in the same manner like that of a Supreme Court).
 There are two grounds that are mentioned in the Constitution for the
removal of judge of the Supreme Court.
 Proved Misbehavior
(OR)
 Incapacity.
 The removal procedure of a Judge of the High Court is initiated
either in the Lok Sabha or in the Rajya Sabha.

 If the procedure begins in Lok Sabha.
 A removal motion of a High Court judge is signed by 100
members in the case of Lok Sabha.
 The signed removal motion is to be given to the Speaker.
 The speaker may admit or refuse to admit the same.
 If it is admitted the speaker constitutes a three member
suffering from incapacity the Lok Sabha can take up the
 After it is passed in Lok Sabha with a special majority the
motion is presented to the Rajya Sabha.

 If it is also passed in the Rajya Sabha with a special majority an
judge.
 If the procedure begins in Rajya Sabha.
members in the case of Rajya Sabha.
 The signed removal motion is to be given to the Chairman.
 The Chairman may admit or refuse to admit the same.
 If it is admitted the Chairman constitutes a three member
suffering from incapacity the Rajya Sabha can take up the
 After it is passed in the Rajya Sabha with a special majority the
motion is presented to the Lok Sabha.
 If it is also passed in the Lok Sabha with a special majority an
judge.
TRANSFER OF JUDGES:
 The President can transfer a judge from one High Court to another
after consulting the CJI (Chief Justice of India).
NATIONAL JUDICIAL COMMISSION:

 Since beginning there was demand to establish the National Judicial
Commission.
 The National Judicial Commission will be vested with the final
authority to deal with the matters of selection, promotion and
transfer of the Judges of both Supreme Court and High Courts.
 Establishment of the National Judicial Commission was first
recommended by the Law Commission in the year 1987.
 In the year 1990 a constitutional amendment bill was introduced in
the Parliament by the National Front Government headed by the
then Prime Minister V P Singh.
 The bill was lapsed because of the dissolution of the Lok Sabha.
 The National Commission to review the working of the Constitution
(2000-2002) headed by Justice M N Venkatachalaiah also suggested
the establishment of the National Judicial Commission under the
Constitution.
MISCELLANEOUS:
 High Court is the highest Court of appeal in the state.

 The High Court is the protector of Fundamental Rights of the
citizens.
 The High Courts are vested with the power to interpret the
Constitution.
 In the absence of the CJ the President can appoint a judge of a High
Court as an acting Chief Justice of the High Court.
 The CJ can request a retired judge of that High Court or any High
Court to act as a judge of the High Court for a temporary period of
time.
 The Original Jurisdiction of High Court means to hear disputes
not by a way of appeal. It extends to the matters of admiralty, will,
marriage, divorce, contempt of court, disputes related to the election
of the Members of Parliament and state legislatures.
 The Writ jurisdiction of the High Court means under Article 226
of the Indian Constitution the High Courts are empowered to issue
the writs including the habeas corpus, mandamus, prohibition,
certiorari and quo- warrento. (Note: Supreme Courts are also

empowered to issue the writs under article 32 of the Indian
Constitution).
 Note: The Supreme Court can issue writs for the enforcement of
Fundamental Rights only, where as the High Courts can issue the
writs not only for the enforcement of the Fundamental Rights but
also for other purposes.
 The High Court has the appellate jurisdiction. The High Court is
the highest court of appeal in the state. The High Court hears the
appeals against the judgments of the lower courts.
 The High Court is also a court of records. The judgments of the
High Court are admitted to be of evidentiary value and cannot be
questioned when produced before any subordinate court. Secondly,
the High Court has also got the power to punish for the contempt of
court.
 The Judicial review is the power of the High Court to examine the
constitutionality of legislative enactments and executive orders of
both the central and state governments.

 The judicial review is needed to uphold the principle of the
supremacy of the Constitution, to maintain the concept of federalism
(balance between the central and state governments) and also to
protect the fundamental rights of the citizens.
 Note: The “Judicial Review” is not mentioned in the
Constitution.
 The High Court has the power to review its own judgment or order.
 (Note: The Supreme Court is the ultimate interpreter of the
Constitution).
GOVERNOR:
 The state executive is mentioned in part VI of the Indian
Constitution.
 The part VI of the Indian Constitution talks about the Governor,
Chief Minister, Council of Ministers, State Legislature and the
Advocate General at the state level.
 The Articles from 153 to 167 in part VI of the Indian constitution
deal with the state executive.
 Note: Part VI of the Indian Constitution is not applicable to the state
of Jammu and Kashmir, as it enjoys a special status and also a
separate Constitution.
 The office of the Governor at the state level is similar to that of the
President at the Central level.
 The Governor is the Constitutional head of the state.

 Just like the President of India the Governor of a state is a dejure
(constitutional or nominal or titular) head.
APPOINTMENT:
 The Governor of a state is appointed by the President of India by
warrant under his hand and seal.
 Note: In United States of America the Governor of a state is elected
directly by the people.
 Oath of Office:
 The oath of office of the Governor is administered by the Chief
Justice of the concerned High Court.
 In the absence of the Chief justice the the senior most judge of the
concerned High Court administers the oath of office.
QUALIFICATIONS:
 He should be a citizen of India.
 He should have completed the age of 35 years.
CONDITIONS:
 He should not be a member of either of the houses of the Parliament
or a House of the state legislature. If any such person is appointed
as the Governor, he is deemed to have vacated his seat in that house
on the date on which he enters upon his office of Governor.
 He should not hold any office of profit.
 Note: In Hargovind Vs Raghukul case the Supreme Court held that
the office of the Governor was not an office of profit under the
Government.
 The Governor is entitled without the payment of rent to the use of
Raj Bhavan (Official residence).
SALARY:
 The privileges and allowances are decided by the parliament.
 The emoluments and allowances of the Governor cannot be
diminished during the term of office.
 At present the salary of the Governor of a state is Rs. 1, 10,000/-.
IMMUNITY:
 The Governor is immune from any criminal proceedings even in
respect of his personal acts.
 The Governor cannot be arrested or imprisoned.
 Civil proceedings can be instituted against a Governor after giving
two months notice in respect of his personal acts.
TERM:
 The Governor holds the office during the pleasure of the president.
REMOVAL:
 The Governor may be removed by the President at any time.
 The Constitution does not lay down any grounds upon which a
Governor may be removed by the President.
 The Governor has no security of tenure.
 The Governor has no fixed term of office.
RESIGNATION:
 The Governor can resign at any time by addressing a resignation
letter to the President.

TRANSFER:
 The President may transfer a Governor from one state to the other.
REAPPOINTMENT:
 The President may reappoint a person as the Governor of the same
state or transfer to the other state.
FUNCTIONS:
 The functions of a Governor are similar to that of the President of
India.
 The governor has
 Executive
 Legislative
 Judicial
 Financial functions.
 But the Governor does not have diplomatic, military and Emergency
powers like that of the president of India.
EXECUTIVE POWERS OF THE GOVERNOR:

 The Governor of a state appoints the Chief Minister and other
Ministers.
 The Governor appoints the Advocate General of the state and
determines the remuneration.
 The Governor appoints the state election commissioner and
determines the conditions of service and tenure of office.
 The Chairman and members of the state public service commission
are appointed by the Governor.
 The Governor can seek any information relating to the
administration of the affairs of the state and proposals for the
legislation from the Chief Minister.
 The Governor can require the Chief Minister to submit for the
reconsideration of the Council of Ministers any matter on which a
decision has been taken by a Minister but which has not been
considered by the council.
 The Governor can recommend for the President’s rule in the state.
 During the President’s rule the Governor enjoys the extensive
executive powers.
 The Governor appoints the Vice Chancellors of various universities
in the state.
 The Governor acts as the Chancellor of Universities in the state.
LEGISLATIVE POWERS OF THE GOVERNOR:
 The Governor is a part of State Legislature.
 (State Legislature means the assembly, the Legislative Council and
the Governor).
 The Governor summons the State Legislature. (Assembly and
Legislative Council).
 Summon means beginning of a session.
 The Governor Prorogues the State Legislature. (Assembly and
Legislative Council).
 Prorogue means ending of a session.
 The Governor dissolves the State Legislative Assembly.
 Note: The Legislative Council is a permanent house it cannot be
dissolved.
 The Governor addresses the state legislature at the beginning of the
first session each year.
 Note: Here the meaning of year is calendar year and not financial
year. This is generally the budget session that starts in the month of
February.
 The Governor also addresses the state legislature at the beginning of
the first session after each general election.
 Note: The general election means the assembly elections in which
the people take part in voting.
 The Governor can send messages to the houses of the state
legislatures with respect to a bill pending in the legislature or
otherwise.
 In case there is a vacancy in the office of both Speaker and Deputy
Speaker the Governor can appoint any member of the State
Legislative Assembly to preside over its meeting.
 In case there is a vacancy in the office of both Chairman and Deputy
Chairman the Governor can appoint any member of the State
Legislative Council to preside over its meeting.

 The Governor nominates one Anglo-Indian to the state legislative
Assembly.
 The Governor nominates 1/6th of the members to the state legislative
Council from amongst the persons having special knowledge or
practical experience in
 Science
 Arts
 Literature
 Social Service
 Cooperative Movement
 Note: The President of Indian does not nominate the members to
Rajya Sabha from the field of Cooperative Movement.
 The Governor decides the question of disqualification of the
members of the State Legislature in consultation with the Election
Commission. (Central Election Commission not State Election
Commission).
 A bill becomes a law with the assent of the Governor.

 When a bill is sent to the Governor, then the Governor can
 Give assent to the bill
 OR
 Withhold the assent to the bill.
 OR
 If the bill is not a money bill the Governor can return the bill for
reconsideration. If the bill is passed by the state legislature agsin
with or without amendments then the Governor has to give assent to
the bill.
 Note: Money bills cannot be sent back by the Governor for
reconsideration.
 OR
 The Governor may reserve the bill for the consideration of the
President. This happens in case if the bill passed by the state
legislature endangers the position of the state High Court
 or
 if the bill is against the provisions of the Constitution
 or
 Opposed to the Directive Principles of State Policy
 or
 Against the larger interest of the country
 or
 Dealing with the compulsory acquisition of the property under
Article 31A of the Indian Constitution.
 The Governor of a state can promulgate the ordinances when the
state legislature is not in the session. (Article 213).
 Ordinance: This is a temporary law. This must be approved by the
State legislature within six weeks from its reassembly.
 The Governor can also withdraw an ordinance anytime.
 Ordinance making power is the most important legislative
function of the Governor.

 The Governor lays the report of
 State Public Service Commission
 State Finance Commission
 Comptroller and Auditor General
 before the State legislature.
FINANCIAL POWERS OF THE GOVERNOR:
 The Governor sees that the budget (Annual Financial Statement) is
laid before the State Legislature.
 The Money bills can be introduced in the State Legislature only on
the prior recommendation of the Governor.
 No demand for a grant can be made except on the recommendation
of the Governor.
 The Governor can make advances out of the Contingency Fund of a
State to meet any unforeseen expenditure.

 The Governor constitutes a State Finance Commission after every
five years to review the financial position of the Panchayats and the
Municipalities.
JUDICIAL POWERS OF THE GOVERNOR:
 The Governor can grant Pardons, reprieves, respites and remissions
of punishments or suspend, remit and commute the sentence of any
person convicted of any offence against any law relating to a matter
to which the executive power of the state extends.
 The Governor cannot Pardon a death Sentence. (The President has
the power of Pardon a death Sentence).
 The Governor cannot grant pardon, reprieve, respite, suspension,
remission or commutation in respect to punishment or sentence by
a court martial. (The President of India enjoys this power).

 At the time of the appointment of the judges of the High Court the
President consults the concerned state Governor.
 The Governor makes appointments, postings, promotions of the
District Court judges in consultation with the state High Court.
 The Governor also appoints persons to the judicial service of the
state other than district court judges in consultation with the State
High Court and the State Public Service Commission.
IMPORTANT ARTICLES RELATED TO THE GOVERNOR:
 Article 153: There shall be a Governor for each state.
 Article 154: The executive power of the state shall be vested in the
Governor and shall be exercised by him either directly or through
officers subordinate to him in accordance with the constitution.
 Article 155: The Governor is appointed by the President.
 Article 156: The Governor holds office during the pleasure of the
President.
 Article 159: The Governor shall take an oath to faithfully execute
the office and to preserve, protect and defend the Constitution and
the law.
 Article 163: There shall be a Council of Ministers with the Chief
Minister as the head to aid and advice the Governor in the exercise
of his functions, except in so far as he is required to exercise his
function in his discretion.
 Article 164: The Council of Ministers are collectively responsible
for to the Legislative Assembly of the state.
The Constitution has mentioned the discretionary powers to the
Governor and not to the President.
The 42nd amendment (1976) ministerial advice binding on the President
and no such provision has been made with respect to the Governor.
 The Governor has the situational discretion, in the appointment of
Chief Minister when no party has a clear cut majority in the
assembly or when the Chief Minister dies suddenly.
 Or Dismissal of the Council of Ministers when it cannot prove the
confidence of the assembly.
 Or dissolution of the assembly if the council of ministers lost its
majority.
COUNCIL OF MINISTERS:
 Article 163: The Council of Ministers is headed by the Chief
Minister to aid and advice the Governor in the exercise of his
functions.
 Article 164: The Council of Ministers are collectively responsible to
the state legislative assembly.
APPOINTMENT:
 The ministers are appointed by the Governor on the advice of the
Chief Minister.
 The person to be appointed as the Minister must be a member of
either of the houses of the State Legislature.

 If a person who is not a member of either of the houses of the state
legislature is appointed as a minister he should become a member of
either of the houses with in a period of six months.
 Even a nominated member of either of the houses of the state
legislature can be appointed as a minister.
OATH:
 Oath of office and secrecy is administered by the Governor.
SALARY:
 The salary and other allowances are determined by the state
legislature.
RESIGNATION:
 A Minister is individually responsible to the Governor.
 A Minister submits the resignation to the Governor.
 Note: The Governor accepts the resignation only on the advice of
the Chief Minister.
REMOVAL:
 A minister is removed by the Governor on the advice of the Chief
Minister.
STRENGTH:
 The total number of Ministers including Chief Minister should not
exceed 15 percent of the strength of the state legislative assembly.
 But, the number of Ministers including the Chief Minister in a state
shall not be less than 12. (Article 164 (1A)).
 The restriction was imposed through the 91st amendment of 2003.
 Accordingly Article 164 was amended.
 Note: Through the same amendment Article 75 was also amended
to restrict the strength of the Council of Ministers at the Central to
15 percent of the Lok Sabha.
`
CHIEF MINISTER
 The Governor is the dejure (nominal) head.
 The Chief Minister is the defacto (real) head.
 The Governor is the head of the state.
 The Chief Minister is the head of the Government.
APPOINTMENT:
 The Chief Minister is appointed by the Governor.
 Other Ministers are also appointed by the Governor only on the
advice of the Chief Minister.
ARTICLE 164:
a. The Chief Minister shall be appointed by the Governor and other
ministers shall be appointed by the Governor on the advice of the
Chief Minister.
b. The Ministers shall hold the office during the pleasure of the
Governor.
c. The Council of Ministers shall be collectively responsible to the
state legislative assembly.
 The leader of the majority party in the state legislative assembly is
appointed as the Chief Minister.
 When no party has the clear cut majority in the assembly then the
Governor uses the discretionary powers.
 A person who is not a member of the state legislature can be
appointed as the Chief Minister. He should become a member of
either of the houses of the state legislature within six months, failing
which he ceases to be the Chief Minister.
 The Chief Minister may be the member of any of the two houses of
a state legislature.
OATH:
 The oath of office and secrecy is administered by the Governor.
TERM:
 The term of Chief Minister is not fixed.

 The Chief Minister holds the office during the pleasure of the
Governor.
RESIGNATION:
 The Chief Minister submits the resignation to the Governor.
REMOVAL:
 The Chief Minister is removed by the Governor.
 The Chief Minister cannot be removed as long as he enjoys the
majority of the House. (This was ruled by the Supreme Court in
1994 in S R Bommai V. Union of India case).
 If the Chief Minister loses the majority of the assembly, he must
resign otherwise the Governor can remove the Chief Minister.
SALARY:
 The salary and other allowances of the Chief Minister are
determined by the state legislature.
FUNCTIONS:
 The Chief Minister is the head of the Council of Ministers.

 The Chief Minister presides over the meeting of the Council of
Ministers.
 Other ministers are appointed by the Governor only on the
recommendation of the Chief Minister.
 The Chief Minister allocates the portfolios among the ministers.
 Note: Portfolio means Ministry. One minister can hold more than
one portfolio.
 The Chief Minister reshuffles the portfolios.
 The Chief Minister advices the minister to resign.
 The Chief Minister advices Governor to accept resignation letter of
a minister.
 The Chief Minister advices the Governor to dismiss a minister in
case he does not tender resignation letter even after advice by the
Chief Minister.
 The Chief Minister guides, controls and coordinates the activities of
all the ministers.
 The death or resignation of the Chief Minister dissolves the council
of ministers.
 The Chief Minister is the channel of communication between the
Governor and the council of ministers.
 Article 167: It shall be the duty of the Chief Minister to
communicate to the Governor of the state all decisions of the council
of ministers relating to the administration of the affairs of the state
and proposals for legislation. To furnish such information to the
Governor relating to the administration of affairs of the state and
proposals for legislation as the governor may call for and if the
Governor so requires to submit for the consideration of the Council
of Ministers any matter on which a decision has been taken by a
minister but which has not been considered by the Council.
 The Advocate General is appointed by the Governor on the advice
of the Chief Minister.
 The State Public Service commission Chairman and members are
appointed by the Governor on the advice of the Chief Minister.
 The State Finance Commission Chairman and the members are
appointed by the Governor on the advice of the Chief Minister.

 The State Election Commissioner is appointed by the Governor on
the advice of the Chief Minister.
 The Chief Minister announces the policies of the Government.
 The Chief Minister advices the Governor in matters related to
summon and prorogue state legislature.
 The state legislative assembly is dissolved by the Governor on the
advice of the Chief Minister.
 The Chief Minister is the Chairman of the State Planning Board.
 The chief Minister is the Vice Chairman of the Zonal council by
rotation. (Zonal Councils discussed in detail separately).
 Note: The Union Home Minister is the Chairman of all Zonal
Councils.
 The Chief Minister is a member of National Development Council.
 The Chief Minister is a member of Inter State Council.

ADVOCATE GENERAL
 The office of Advocate General is mentioned in Part VI (The State
Executive) of the constitution.
 Article 165 of the Indian Constitution provides for the office of the
Advocate General at the states.
 This is an office similar to that of Attorney General of India.
 The Advocate General office is at the state level.
 The Advocate General is the first law officer at the state level.
APPOINTMENT:
 The Advocate General is appointed by the Governor.
QUALIFICATIONS:
 The Advocate General must be qualified to be appointed as a
Judge of a High Court.
TERM:
 The term of office of the Advocate General is not fixed by the
Constitution.
 The Advocate General holds the office during the pleasure of the
Governor.
REMOVAL:
 The Advocate general is removed by the Governor.
 The Constitution does not mention the procedure and the grounds
for the removal of the Advocate General.
RESIGNATION:
 The Advocate General submits the resignation to the Governor.
SALARY:
 The salary of the Advocate General is decided by the Governor.
FUNCTIONS:
 The Advocate General is the first law officer of the state.
 The Advocate General gives advice to the Government of the state
upon such legal matters which are referred by the Governor.

 The Advocate General also performs functions of legal character
that are assigned by the Governor.
 The Advocate General also discharges the functions conferred by
the Constitution or any other law.
 The Advocate General appears on behalf of the Government of the
state in all cases in any Court in which the Government of the state
is concerned.
 The Advocate General has the right to speak and take part in the
proceedings of both the houses of state Legislature without a right
to vote.
 Note: Only the members of the State Legislature have the right to
vote in their respective house.
 The Advocate General enjoys all the privileges and immunities that
are available to a Member of State legislature.

STATE LEGISLATURE:
 The State Legislature is mentioned in the Part VI of the Indian
Constitution.
 The State Legislature is covered under articles 168 to 212.
 The set up is like that of the Parliament at the central level.
 Parliament means the Lok Sabha, the Rajya Sabha and the President.
 Similarly State Legislature means
 The State Legislative Assembly or Lower House
 The State Legislative Council or Upper House
 The Governor
 The structure is not uniform in all the states.
 Majority of the states in India have only assembly and is called
unicameral system.
 UNICAMERAL SYSTEM:
 The State Legislative Assembly

 The Governor
 In any state if both the Assembly and the Legislative council are
present it is called bicameral system.
 BICAMERAL SYSTEM:
 The State Legislative Assembly
 The State Legislative Council
 The Governor
 As of 2016 only 7 Indian states have two houses. They are
 Andhra Pradesh
 Bihar
 Jammu and Kashmir
 Karnataka
 Maharashtra
 Telengana
 Uttar Pradesh
HOW THE STATE LEGISLATIVE COUNCIL IS CREATED /
ABOLISHED?
 Article 169: The Parliament is empowered to create or abolish a state
legislative council.
 The initiative has to be taken by the state legislative assembly.
 The state assembly if passes a resolution by a special majority.
 If the Parliament by simple majority accepts the same then the
legislative council can be established.
 Note: Through the same process a legislative council can be
abolished.
 Also Note: This is not an amendment of the constitution under
Article 368. This is passes like an ordinary legislation.
 A state can decide whether to have a legislative council or not.
ASSEMBLY:
STRENGTH: (NUMBER OF MEMBERS)
 The minimum strength of assembly is 60.
 The maximum strength of assembly is 500.
 The strength of assembly varies from state to state depending on the
population.
 Hence the strength of Uttar Pradesh assembly is 404 (including
nominated member)
 The strength of Sikkim assembly is 32. (Lowest population).
 Did you notice that the strength of some of the assemblies like
Arunachal Pradesh, Sikkim, Goa, Mizoram, and Nagaland etc in the
country is less than 60?
 In case of Nagaland the minimum strength is fixed at 46.
 In case of Mizoram the minimum strength is fixed at 40.
 In case of Arunachal Pradesh, Goa and Sikkim the minimum
strength is fixed at 30.
ELECTION:
 All the members in the assembly are directly elected by the people.
 The Governor of a state can nominate one member from the Anglo-
Indian community, if the community is not adequately represented
in the assembly.
RESERVATION:
 The Indian Constitution has provided for the reservation of seats for
the scheduled castes and scheduled tribes in the assembly of each
state on the basis of population ratio.
 Originally the reservation was to operate only up to 1960.
 But, the duration has been extended continuously.
 Through 109th amendment in the year 2009 the reservation has
been extended up to January 25, 2020.
 Through the same amendment (109th) the provision for nominating
Anglo-Indians is also extended up to January 25, 2020.
CONSTITUENCIES:
 For the purpose of conducting election each state is divided into
territorial constituencies.
 The numbers of constituencies vary from state to state depending on
the population.
 As the population increases the number of constituencies would also
increase.
 The 42nd amendment of 1976 had frozen total number of seats in
assembly and the division of such state into territorial constituencies
up to the year 2000 at the 1971 population level.
 Through the 84th amendment act of 2001 the freezing has been
extended up to the year 2026.
 The 87th amendment act of 2003 provided for the delimitation of
constituencies on the basis of 2001 census.
 This is permitted without altering the number of constituencies.
TERM:
 The term of legislative assembly is 5 years from the date of its first
meeting after the general election.
 Note: The term of Jammu and Kashmir assembly is 6 years under
its own constitution.

 Even before the completion of the term of 5 years the assembly may
be dissolved by the Governor and can call for fresh elections.
CAN THE TERM OF ASSEMBLY IS EXTENDED ?
 The term of assembly can be extended by 1 year during the period
of National emergency.
 This period can be extended by any number of times but not more
than 1 year at a time.
 The extension cannot be continued beyond a period of 6 months
after the emergency has ceased to operate.
QUALIFICATIONS FOR LEGISLATIVE ASSEMBLY:
 He must be a citizen of India.
 He must make and subscribe before the person authorized by the
election commission an oath or affirmation according to the form
prescribed in the third schedule.
 He must not be less than 25 years of age.
 He must possess other qualifications prescribed by the Parliament.

 As per the point number 4, the parliament has laid down the
additional qualifications.
 The additional qualifications are mentioned in the Representation of
People’s Act of 1951.
ADDITIONAL QUALIFICATIONS AS PER REPRESENTATIONS
OF PEOPLE’S ACT:
 A person to be elected to the legislative assembly must be an elector
for an assembly constituency in the concerned state.
 He must be the resident of the concerned state.
 The person must be a member of Scheduled Caste or Scheduled
Tribe if he wants to contest a seat reserved for them.
 A member of Scheduled Caste or scheduled tribe can also contest a
seat not reserved for them.
DISQUALIFICATIONS:
 If he holds any office of profit under the Union or State government.
 Exception: A Minister in the union or state government is not
considered as holding an office of profit.

 Note: The state legislature can declare that a particular office of
profit will not disqualify its holder from its membership.
 If he is of unsound mind and stands so declared by a court.
 If he is an un discharged insolvent.
 If he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any acknowledgement of
allegiance to a foreign state.
 If he is so disqualified under any law made by the Parliament.
 Note: The disqualification of a member is decided by the Governor
after obtaining the opinion of the Election Commission.
 Note: The question of disqualification on the grounds of defection
is decided by the speaker. (Discussed in anti-defection law).
SALARY:
 The salary of the members of legislative assembly is decided by the
state legislature.
RESIGNATION:
 A member of legislative assembly submits the resignation to the
speaker of the legislative assembly.
SPEAKER:
QUALIFICATIONS:
 The Speaker must be a member of the legislative assembly.
ELECTION:
 The speaker is elected from amongst the members of state legislative
assembly.
 The election of the speaker is conducted by the protem speaker.
 Note: Protem speaker is appointed by the Governor. Generally the
senior most member of the assembly is appointed as the protem
speaker.
RESIGNATION:
 Speaker submits the resignation letter to the Deputy Speaker.
VACANCY IN THE OFFICE OF THE SPEAKER:

 If the speaker ceases to be a member of assembly he deemed to be
vacated the seat.
 If the speaker resigns by writing to the deputy speaker then there is
a vacancy in the office of the speaker.
 If the speaker is removed by a resolution passed by a majority of all
the then members of the assembly, then there is a vacancy in the
office of the speaker.
REMOVAL PROCEDURE OF THE SPEAKER:
 The speaker can be removed from the office after giving 14 days
advance notice.
 During this period the speaker cannot act as the speaker.
 Instead the deputy speaker acts as the Speaker.
 After 14 days if a resolution is passes by a majority of all the then
members of the assembly, the speaker is considered to be removed
from the office.
FUNCTIONS OF THE SPEAKER:

 The primary responsibility of the Speaker is to maintain decorum in
the assembly.
 The Speaker adjourns the assembly or suspends the meeting in the
absence of quorum.
QUORUM:
This is the minimum strength in the assembly.
Quorum is equal to 1/10th of the total
OR
10 members whichever is higher.
In bigger states like UP or AP the minimum strength
must be 1/10th of the total and in states like Goa and
Sikkim the minimum strength must be 10 members.

 The speaker is the final interpreter of the provisions of the
constitution of India, the rules of procedure and conduct of business
of assembly and the legislative precedents within the assembly.
 The speaker has the casting vote or deciding vote.
WHAT IS CASTING VOTE?
The speaker does not vote in the first instance.
If there is an equality of votes then only the
speaker votes.
The decision of the speaker decided the fate of a
bill.
 The speaker allows the secrete sitting of the house at the request of
the leader of the house.
 The speaker decides whether a bill is money bill or not and the
decision of the speaker is final.
 The speaker decides the question of disqualification of the members
of assembly on the grounds of defection under the provisions of 10 th
schedule of the Indian Constitution.
 The speaker appoints the chairmen of all the committees of the
assembly and supervises the function.
 The speaker acts as the chairman of the Business Advisory
Committee, the Rules committee and the General Purpose
Committee.
DEPUTY SPEAKER:
QUALIFICATIONS:
 The deputy speaker must be a member of Assembly.
 The deputy speaker is elected from amongst the members.
 The election of the speaker is held after the election of the speaker.
 The deputy speaker election is conducted by the Speaker.
FUNCTIONS OF THE DEPUTY SPEAKER:
 The deputy speaker acts as the speaker in the absence of the speaker.
RESIGNATION:
 The deputy speaker submits the resignation letter to the speaker.
VACANCY IN THE OFFICE OF THE DEPUTY SPEAKER:
 If the deputy speaker ceases to be a member of assembly he deemed
to be vacated the seat.
 If the deputy speaker resigns by writing to the deputy speaker then
there is a vacancy in the office of the deputy speaker.
 If the deputy speaker is removed by a resolution passed by a
majority of all the then members of the assembly, then there is a
vacancy in the office of the deputy speaker.
REMOVAL PROCEDURE OF THE DEPUTY SPEAKER:
 The deputy speaker can be removed from the office after giving 14
days advance notice.
 During this period the deputy speaker cannot act as the speaker.
 After 14 days if a resolution is passes by a majority of all the then
members of the assembly, the deputy speaker is considered to be
removed from the office.
LEGISLATIVE COUNCIL:
STRENGTH: (NUMBER OF MEMBERS)
 The minimum strength of legislative council is fixed at 40.
 The maximum strength of the legislative council is fixed at 1/3 rd of
the total strength of the assembly.
 The actual strength of Legislative council is fixed by the parliament.
ELECTION:
 The members of legislative council are elected indirectly.
NOMINATION:
 1/6th of the total strength are nominated by the Governor.

ELECTION PROCEDURE:
 The members are elected in accordance with system of proportional
 1/3rd are elected by the members of local bodies like municipalities,
district boards etc.
 1/3rd are elected by the MLA’s (Members of Legislative
Assemblies).
 1/12th are elected by graduates of 3 years standing and residing in
the state.
 1/12th are elected by teachers of 3 years standing in the state, not
lower in the standard than the secondary school.
 1/6th are nominated by the governor.
TERM OF LEGISLATIVE COUNCIL:
 The legislative council is not subjected to dissolution.
 The legislative council is a permanent house.

 1/3rd members retire at the end of every second year.
 The term of a member of legislative council is 6 years.
 The retiring members are also eligible for reelection.
QUALIFICATIONS FOR LEGISLATIVE COUNCIL:
 He must be a citizen of India.
 He must make and subscribe before the person authorized by the
election commission an oath or affirmation according to the form
prescribed in the third schedule.
 He must not be less than 30 years of age.
 He must possess other qualifications prescribed by the Parliament.
 As per the point number 4, the parliament has laid down the
additional qualifications.
 The additional qualifications are mentioned in the Representation of
People’s Act of 1951.
ADDITIONAL QUALIFICATIONS AS PER REPRESENTATIONS
OF PEOPLE’S ACT:
 A person to be elected to the legislative council must be an elector
for an assembly constituency in the concerned state and to be
qualified for the governor’s nomination.
 He must be a resident in the concerned state.
DISQUALIFICATIONS:
 If he holds any office of profit under the Union or State government.
 Exception: A Minister in the union or state government is not
considered as holding an office of profit.
 Note: The state legislature can declare that a particular office of
profit will not disqualify its holder from its membership.
 If he is of unsound mind and stands so declared by a court.
 If he is an un discharged insolvent.
 If he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any acknowledgement of
allegiance to a foreign state.
 If he is so disqualified under any law made by the Parliament.

 Note: The disqualification of a member is decided by the Governor
after obtaining the opinion of the Election Commission.
 Note: The question of disqualification on the grounds of defections
is decided by the Chairman. (Discussed in anti-defection law).
SALARY:
 The salary of the members of legislative council is decided by the
state legislature.
RESIGNATION:
 A member of legislative council submits the resignation to the
Chairman of the legislative council.
CHAIRMAN OF LEGISLATIVE COUNCIL:
The chairman of the legislative council must be a member of the
The chairman is elected from amongst the members.
RESIGNATION:
 The Chairman submits the resignation letter to the deputy chairman.
VACANCY IN THE OFFICE OF THE CHAIRMAN:

 If he ceases to be a member of legislative council.
 If the chairman resigns by writing to the deputy chairman.
 If the chairman is removed by a resolution passed by a majority of
all the then members of the council.
REMOVAL:
 For removing the chairman 14 days advance notice is given.
 If the resolution is passed by the then members of the council the
chairman is considered to be removed.
FUNCTIONS OF THE CHAIRMAN:
 The functions of the chairman of the legislative council are similar
to that of the speaker of assembly.
SALARY:
 The salary and allowances of the chairman of the legislative council
are decided by the state legislature.
DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL:
 The deputy chairman must be a member of the legislative council.

 The deputy chairman is elected from amongst the members of the
council.
RESIGNATION:
 The deputy chairman submits the resignation letter to the chairman.
VACANCY:
 If he ceases to be a member of legislative council.
 If the deputy chairman resigns by writing to the chairman.
 If the deputy chairman is removed by a resolution passed by a
majority of all the then members of the council.
REMOVAL:
 For removing the deputy chairman 14 days advance notice is given.
 If the resolution is passed by the then members of the council the
deputy chairman is considered to be removed.
FUNCTIONS OF THE DEPUTY CHAIRMAN:
 The deputy chairman performs the functions of the chairman when
the office of the chairman is vacant.

 The deputy chairman acts as the chairman in the absence of the
chairman.
LANGUAGE IN THE STATE LEGISLATURE:
 The constitution has declared the official language to be used in the
state legislature.
 The presiding officer can permit a member to address the house in
his/her mother tongue.
PASSAGE OF BILLS IN THE STATE LEGISLATURE:
 The bills at the state level are divided into 2 categories.
 Ordinary bills
 Money bills
 Note: In case of unicameral legislature all the bills are introduced in
the assembly, if it is passes the bill will be forwarded to the
Governor for his assent.
ORDINARY BILL:
 An ordinary bill can be introduced in either of the houses of the state
legislature.
 If a bill that is introduced in the assembly is not passed, then the bill
is considered to be rejected and the bill does not go to the legislative
council.
 When a bill is passed by the assembly and forwarded to the council
then
 The council may pass the bill as sent by the assembly
 The council may reject the bill.
 The council may pass the bill with amendments (changes) and
return the bill to the assembly for reconsideration.
 The council may not take any action and keeps the bill pending.
 If the council passes the bill without amendments the bill is deemed
to be passed by both the houses and is sent to the Governor for his
assent.
 If the council passes the bill with amendments and the assembly
accepts the same then also the bill is considered to be passes and
forwarded to the Governor for his assent.
 If the assembly rejects the amendments as suggested by the council
OR
 the council rejects the bill all together
OR
 If the council does not take any action for a period of three months
then the assembly may pass the bill again and forward the same to
the council.
 If the council rejects the bill again
OR
 Passes the bill with amendments that are not acceptable to the
assembly
OR
 If the council does not pass the bill within one month then the bill is
deemed to have been passed by both the houses in the form in which
it was passed by the assembly for the second time.

WHERE IS THE ULTIMATE POWER?
 The ultimate power to pass a bill lies with the assembly.
 In case of dead lock there is no provision of the joint sitting like in
Parliament.
What is dead lock?
This is a situation where a bill is passed by one house and
rejected by the other.
 On the other hand the bill that is originated in the legislative council
is passed and sent to the assembly, if rejected by the assembly the
bill is considered to be rejected and the bill becomes dead.
ROLE OF GOVERNOR:
 The Governor may give assent to the bill and the bill becomes an
act.
 The Governor may withhold the bill the assent to the bill. Then the
bill does not become an act.
 The Governor may return the bill for the reconsideration. In this case
if the bill is passes by the legislature and sent to the governor for
assent the governor must give the assent.
 The Governor may reserve the bill for the consideration of the
President. The President may either give the assent
OR
 withhold the assent to the bill
OR
 return the bill for reconsideration
 The state legislature must consider the bill within six months.
 The bill is presented again to the presidential assent after it is passed
by the legislature with or without amendments.
 Constitution is silent on the action of the President after
reconsideration by the state legislature.

MONEY BILLS:
 A money bill can be introduced only in the assembly only on the
recommendation of the governor.
 All money bills are Public or governmental bills.
 The money bills are introduced only by the ministers and not by
other members.
 A money bill cannot be introduced in the legislative council.
 After a money bill is passed by the assembly, the same is forwarded
to the legislative council.
 The legislative council cannot reject the money bills.
 The legislative council cannot amend the money bill.
 The legislative can suggest recommendations.
 The legislative council must return the money bill to the assembly
within 14 days.
 The assembly can accept or reject the suggestions given by the
 If the legislative council does not return the money bill within 14
days then the bills is deemed to have been passed by both the houses.
 The money bill then presented to the Governor.
ROLE OF GOVERNOR IN MONEY BILL:
The governor may give assent to the money bill.
The governor may withhold the assent to the money bill.
The governor may reserve the money bill for the consideration of the
President.
The governor cannot return the money bill for the reconsideration of the
state legislature.
When the money bill is reserved for the consideration of the President the
President may give assent or withhold the bill.
The President cannot return the money bill for reconsideration of the state
legislature.
MISCELLANEOUS:
 Dual membership is not permitted: This means if a person is elected
to both the houses, his seat in one house falls vacant as per the
provisions of a law made by the state legislature.
 A minister can participate in the proceedings of a house of which he
is not a member.
 A minister who is not a member of either house can speak and take
part in the proceedings of the other house without a right to vote.
 A minister who is not a member of either of the houses for a period
of 6 months ceases to be a minister at the expiration of that period.
 The legislative council cannot reject or amend the money bill.
BUDGET:
 Budget is an anticipated statement of Income and expenditure of the

Government in a financial year.
 The word ‘budget’ is not mentioned in the Constitution.
 The word ‘budget’ is referred to as ‘Annual Financial Statement’ in

the Constitution.
 The words ‘Annual Financial Statement” is mentioned under article
112 of the Indian Constitution.
HOW MANY TYPES OF BUDGETS ARE PRESENT IN INDIA?

 As India is a federal country the financial aspect is also divided
between the Union and the states.
 Hence the state budgets are separate from that of the central budget.
 The central budget itself is of 2 types.
 Railway budget
 General budget
 The Railway budget consists of the estimates of revenue (income)
and expenditures of Ministry of Railways.
 The General budget consists of estimates of revenue and
expenditure of all the ministries of the government of India except
Railways.
WHEN THE RAILWAY BUDGET WAS SEPARATED FROM

THE GENERAL BUDGET?
 The Railway budget was separated from the General Budget in the
year 1924.
 This was separated on the recommendations of the Acworth
committee.
 This was done to introduce flexibility in Railway Finance.
 This was done to facilitate the business approach to the Railway

Policy.
 This was also to enable the railways to keep their profits for their
own development after paying a fixed annual contribution to the
general revenues.
WHAT ARE THE CONSTITUTIONAL PROVISIONS OF THE

BUDGET?
 The President shall in respect of every financial year cause to be laid
before both the houses of the Parliament a statement of estimated
receipts and expenditure of the government of India for that
financial year. (This means that the responsibility of presentation of
budget lies with the President of India).
 No demand for a grant shall be made except on the recommendation
of the President.
 No money shall be withdrawn from the consolidated fund of India
except under appropriation made by law.
 No money bill imposing tax shall be introduced in the Parliament
except on the recommendation of the President and such a bill shall
not be introduced in the Rajya Sabha.
 No tax shall be levied or collected except by the authority of law.
 Parliament can reduce or abolish a tax but cannot increase it.
 The Constitution also provides the relative positions of both the

houses of the Parliament with regard to the enactment of the budget.
 A money bill or finance bill dealing with taxation cannot be
introduced in the Rajya Sabha.
 A money bill or finance bill must be introduced only in the Lok
Sabha.
 The Rajya Sabha has no power to vote on the demand for grants and
it is the exclusive power of the Lok Sabha.
 The Rajya Sabha should return the money bill or finance bill within
14 days.
 The Lok Sabha can either accept or reject the recommendations
made by the Rajya Sabha.
 The estimates of expenditure embodied in the budget shall show
separately the expenditure charged on the Consolidated Fund of
India and the expenditure made from the Consolidated Fund of
India.
 The budget shall distinguish expenditure on revenue account from
the other expenditure.
THE EXPENDITURE IS OF TWO TYPES.

 Expenditure charged.
 Expenditure Made.
WHAT IS EXPENDITURE CHARGED?

 The expenditure that is non-votable by the Parliament is called
expenditure charged.
 The charged expenditure is discussed in the Parliament.
 The charged expenditure is not voted in the Parliament.
 Emoluments and allowances of the President and other expenditure
related to his office.
 The salaries and allowances of Chairman and Deputy Chairman of
the Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha.
 Salaries, allowances and pensions of the judges of the Supreme
Court.
 Pensions of the judges of high courts.
 Salaries, allowances and pensions of the Comptroller and Auditor
General.
 Salaries, allowances and pensions of the chairman and members of
the Union Public Service Commission.
 Administrative expenses of the Supreme Court, the office of the
Comptroller and Auditor General of India and the Union Public
Service Commission including the salaries, allowances and
pensions of the persons serving in these offices.
 The debt charges for which the government of India is liable,
including interest, sinking fund charges and other expenditure
relating to the raising of the loans and the service and redemption of
debt.
 Any sum required to satisfy any judgment, decree, award of any
court or tribunal.
 Any other expenditure declared by the Parliament to be so charged.
IN SIMPLE TERMS the charged expenditure includes
 Emoluments and allowances of the President and other expenditure related

his office.
 The Salaries and allowances of
 Chairman of Rajya Sabha
 Deputy Chairman of Rajya Sabha
 Speaker of Lok Sabha
 Deputy Speaker of Lok Sabha
 Salaries, allowances and pensions of
 Judges of Supreme Court
 Comptroller and Auditor General
 Chairman and members of Union Public Service Commission
 Pensions of judges of High Courts
 The debt charges for which the government of India is liable, including
interest, sinking fund charges and other expenditure relating to the raising
of the loans and the service and redemption of debt.
 Any sum required to satisfy any judgment, decree, award of any court or
tribunal.
 Any other expenditure declared by the Parliament to be so charged.
WHAT IS EXPENDITURE MADE?

 This part of the expenditure is discussed and voted by the
Parliament.
STAGES IN THE ENACTMENT OF THE BUDGET:

 There are few steps or stages that the budget should go through
before it becomes an act.
 Presentation of the Budget
 General discussion on the budget (3 to 4 days)
 Voting on demand for grants (26 days)
 Consideration and Passing the appropriation bill (expenditure
bill)
 Consideration and Passing the finance Bill (Tax proposals or
income bill)
 Let us discuss all these steps in detail.
PRESENTATION OF THE BUDGET:

 This is the first step in the process of budget.
 The Railway budget is presented 1 or 2 days before the General
Budget is presented.
 It means the Railway budget precedes the general Budget.
 The General Budget is presented on the last working day of
February.
 Both Railway and General budgets are presented in the Lok Sabha
first with the prior permission of the President.
 Budget Speech: The finance minister presents the general budget
with a speech called Budget Speech.
 Later the budget is presented to the Rajya Sabha.
 The Rajya Sabha has no power to vote but it can discuss the budget.
GENERAL DISCUSSION:
 This is the 2nd step in the enactment of the budget.
 In general 3 to 4 days are allotted to the general discussion.
 The general discussion takes place in both the houses of the
Parliament.
 During this stage the budget is discussed as a whole or any part of
it.
 But, no voting takes place.
 At the end of the discussion the Finance Minister gives the reply.
VOTING ON DEMAND FOR GRANTS:

 This is the third step in the enactment of the budget. The voting on
demand for grants is the exclusive power of the Lok Sabha.
 The Rajya Sabha has no power on voting on demand for grants.
 Altogether 26 days are allotted for the voting on demand for grants.
 The voting is confined only to the ‘Expenditure Made” part of the
budget.
 Expenditure made: This is discussed and voted.
 The “expenditure charged” on the consolidated fund of India is only
discussed and this is not subject to vote.
 All the 141 demands (General budget 109 + Railway Budget 32) are
presented ministry wise.
 All the 141 demands are voted separately by the Lok Sabha.
 At this state the Lok Sabha discuss the details of the budget.
 The Speaker allots the time for each demand.
 Within the time specified by the Speaker the discussion on the
demand must be completed and the demand is put to vote.
 Once the allotted time is over the speaker announces the closure.
 Closure means the demand must be put to vote as the allotted time
is over.
 In general all the demands are not discussed and voted within the
allotted 26 days.
 Guillotine: It means cut the throat.

 This is nothing voting group of demands together that are not
discussed.
 At the end of the 26th day all the demands that are not discussed are
put to vote together by the Speaker.
 During this stage ‘Cut Motions” are moved.
 The Cut motions are meant to reduce any demand for grant.
 CUT MOTIONS:
 There are three kinds of cut motions.
 Policy Cut
 Economy Cut
 Token Cut
 All cut motions are introduced only during the voting on demand for
grants.
 The cut motions are introduced, if the Speaker accepts them.
 The cut motions are generally introduced by the members of the
opposition parties.
 In practice there is no much use of the cut motions.
 Since the government enjoys the majority in Lok Sabha the cut
motions are not passed.
 If the cut motions are passed in the Lok Sabha that is an expression
of no confidence on the government.
 If a cut motion is passes the government must resign.
 POLICY CUT:
 This is the disapproval of the policy underlying the demand.
 If the policy cut is passed the total amount of the demand is
reduced to Rs. 1/- (One Rupee).
 ECONOMY CUT:
 The economy cut is not against the policy but against the amount.
 If the economy cut is passed the total amount of the demand is
reduced by specified amount.
 TOKEN CUT:
 The token cut is also called nominal cut.
 This is just to express the grievance of the members against a
demand.
 If the token cut is passed the amount of the demand is reduced by
Rs. 100/- (hundred only).
CONSIDERATION AND PASSING THE APPROPRIATION

(EXPENDITURE) BILL:
 This is the 4th stage of the budget.
 The appropriation bill meant for the getting the approval for the
expenditure out of the consolidated fund of India.
 The government cannot withdraw money from the consolidated
fund of India till the enactment of appropriation bill.
 All the demands that are discussed and voted during the voting on
demand for grants are put together in the form of a bill and is called
the appropriation bill.
 The appropriation bill contains
 The grants voted by the Lok Sabha
 The expenditure charged on the consolidated fund of India.
 No changes can be proposed to the appropriation bill.
 The appropriation bill is not discussed as the discussion is already
completed during voting on demand for grants.
 The Appropriation is bill is voted.
 Note: During the voting on demand for grants all the demands are
voted separately and not in the form of a bill. Hence the
appropriation bill is voted.
 After the appropriation bill is passed in the Lok sabha, the bill is
forwarded to the Rajya Sabha.
 The Rajya Sabha has no power to vote the appropriation bill.
 The Rajya Sabha can discuss the appropriation bill and send
recommendations if any to the Lok sabha.
 The Lok Sabha may or may not accept the recommendations.
 In any case the Rajya Sabha must return the appropriation bill to the
Lok Sabha within 14 days.
 The Appropriation bill is then forwarded to the President.
 The President cannot send back the appropriation bill for

reconsideration.
 The President must give the assent.
 The appropriation bill becomes appropriation act.
 The appropriation act authorizes the payments from the consolidated
fund of India.
CONSIDERATION AND PASSING THE FINANCE BILL:

 This is the last stage in the enactment of the budget.
 Tax proposals are mentioned in the Finance bill.
 The Finance bill is subjected to all the conditions applicable to
Appropriation bill.
 As per the provisional collection of taxes Act of 1931 the finance
bill must be enacted within 75 days.
 The Finance bill is also introduced first in the Lok Sabha.
 Unlike Appropriation bill, the changes are allowed in the Finance
bill.
 The Parliament can demand for the reduction or abolition of a tax.
 The Parliament cannot demand for the increase of a tax.
 After it is passed in Lok Sabha the finance bill is forwarded to the
Rajya Sabha.
 In any case the Rajya Sabha must return the bill within 14 days.
 The Finance Bill is forwarded to the president.
 The President cannot send back the Finance bill for reconsideration.
 With the assent of the President the Finance Bill becomes the
Finance Act.
 This gives the effect to the financial proposals of the government of
India.
 The Finance Act legalizes the income side of the budget and
completes the process of enactment of the budget.
VOTE ON ACCOUNT:
 Vote on Account is an advance granted in respect to the estimated
expenditure for a part of the financial year, pending the completion
of the voting of the demands for grants and enactment of the
appropriation bill.
 As we know that the financial year in India begins on April 1 and
ends on March 31.
 The expenditure and tax collection of a particular financial year
must take place during this period only.
 But, starting from the day of introduction of the budget in the
Parliament (last working day of February) by the time it becomes
Act, it goes on till the end of the April.
 Note: The Financial year begins on April 1.
 The government needs money to carry on its activities after March
31.
 Please Note: The previous year money if it is available also it cannot

be used because of the Rule of Lapse.
 To overcome this situation, the Constitution has authorized the Lok
Sabha to make any grant in advance in respect to the estimated
expenditure for a part of the financial year, pending the completion
of the voting of the demand for grants of the appropriation bill. This
is called “Vote on Account”.
 The Vote on account is passed by the Lok Sabha after the
completion of general discussion.
 The vote on account is granted for 2 months.
 The vote on account is equivalent to 1/6th of the total estimation.
Note: There are various other grants made by the parliament from
time to time. This also may not be the part of budget.
Vote of Credit
Supplementary grant
Additional grant
Excess grant
Exceptional grant
Token grant
VOTE OF CREDIT:
 The vote of credit is like a blank cheque.
 The vote of credit is granted for meeting the unforeseen demand.
 This is related to the service of an indefinite character.
 The exact demand cannot be stated clearly. (Ex. War).
 So, this is like a blank cheque that is given to the executive by the
Lok Sabha.
SUPPLEMENTARY GRANT:
 This is granted when the amount authorized by the Parliament
through the appropriation act for a particular service for the current
financial year is found to be insufficient for that year.
 Sometimes the amount that is granted may be spent before the
completion of the financial year and there may be a demand for more
money.
 During that time the supplementary grant is used.
ADDITIONAL GRANT:
 This is granted for the new service during the current financial year.
 This new service is not a part of the budget of that financial year.
EXCESS GRANT:
 The excess grant is made when the money has been spent on any
service during a financial year in excess of the amount granted for
that service in the budget for that year.
 The excess grant is voted by the Lok Sabha after the financial year.
 The excess grant must be approved by the Public Accounts
Committee.
 Only after the approval of the Public Accounts Committee the
excess grant is submitted to the Lok Sabha for voting.
EXCEPTIONAL GRANT:
 The exceptional grant is not a part of the current financial year
service.
 The exceptional grant is for a special purpose.
TOKEN GRANT:
 The token grant is meant for transfer of funds from one head to the
other.
 This is called re-appropriation.
 The token grant involves no additional expenditure.
VARIOUS TYPE OF FUNDS UNDER THE CONSTITUTION OF

INDIA
 The Constitution of India provides for the three kinds of funds.

 They are
 Consolidated Fund of India - Article 266

 Public Accounts of India - Article 266
 Contingency Fund of India - Article 267
CONSOLIDATED FUND OF INDIA:

 No money out of the Consolidated Fund of India can be appropriated
except in accordance with a Parliamentary law.
 The Consolidated fund of India is mentioned under Article 266 of
the Indian Constitution.
 All receipts are credited to the Consolidated Fund of India.
 All the payments are debited from the Consolidated Fund of India.
 Note: All expenditure is drawn and Income is deposited to the
Consolidated Fund of India.
 What forms the Consolidated Fund?
 All revenues received by the government of India.

 All loans raised by the government of India by the issue of
treasury bills, loans or ways means of advances.
 All money received by the government of India in repayment of
loans.
PUBLIC ACCOUNT OF INDIA:

 The Public Account of India is mentioned under Article 266 of the
Constitution.
 All the money received by the Government of India other than
those credited to the consolidated fund of India are credited to the
Public Account of India.
 This includes
 Provident Fund (PF) Deposits
 Judicial Deposits
 Savings Bank Deposits
 Departmental Deposits
 Remittances
 The permission from the legislature is not required for the payments
from the Public Account of India.
 The payments from the Public Account of India are made by the
executive action.
CONTINGENCY FUND OF INDIA:

 Note: Contingency means emergency.
 The Contingency of India is mentioned under Article 267 of the
Indian Constitution.
 The Parliament enacted the Contingency Fund of India act in 1950.
 The amounts determined by the Parliament by law paid from time
to time.
 The Contingency fund of India is placed at the disposal of the
President.
 The President of India can make advances out of Contingency Fund
of India to meet unforeseen expenditure pending its authorization by
the Parliament.
 The Secretary of the Department of Finance will held the
Contingency Fund of India on behalf of the President.
 The Contingency Fund of India is operated by the executive action.
COMPTROLLER AND AUDITOR GENERAL (CAG)

 The Audit and Accounts Department was first created during British
rule in 1753.
 Article 148: This provides for an independent office of CAG who
controls the entire financial system of the country at the Union level
and also at the state levels.
According to Dr B R Ambedkar the CAG is the most important
officer under the constitution of India.
 CAG is the head of Indian Audit and Accounts Department.

 Up to the year 1976 the functions of Accounting and Auditing were
combined in the office of the CAG.
 Since the year 1976 the CAG is relieved from the responsibility of
the compilation and maintenance of accounts of Central
government.
 Since 1976, the CAG is concerned with the auditing only.
 At the central level a new department called Controller-General of
Accounts was created in the Ministry of Finance.
 The Controller-General of Accounts administers the matters
pertaining to the departmentalization of accounts of the Central
Government.
 Note: At the state level these two responsibilities are not separated.
Even today the compilation, maintenance and Auditing of the
accounts is done by the CAG.
 The CAG is the guardian of Public purse (government money).
 The CAG is an agent of the Parliament.
 The CAG is the Watchdog of the Indian Public Finances.
 There are 4 bulwarks (Security, Fortification) of the democratic
system of government in India.
Supreme Court (SC)
Election Commission (EC)
Union Public Service Commission (UPSC)
Comptroller and Auditor General (CAG)
APPOINTMENT:
 The CAG is appointed by the President of India by a warrant under
his hand and seal.
TENURE:
 The CAG holds the office for a period of 6 years
OR
 Up to the age of 65 years whichever is earlier.
RESIGNATION:
 The CAG submits the resignation letter to the President of India.
REMOVAL:
 This is mentioned in Articles 148 (1) and 124 (4).
 The CAG is removed by the president of India only in accordance
with the procedures mentioned in the Constitution.
 Note: The CAG does not hold the office during the pleasure of the
President. It means he cannot be removed by the President at any
time.
 The CAG is removed by the President of India in the same manner
and same grounds as a judge of Supreme Court.
SALARY:
 The Salary of the CAG is equal to that of a Judge of Supreme Court.
 The Salary and other service conditions of CAG are decided by the
Parliament by an act.
 The salary and other allowances of CAG cannot be altered after the
appointment.
 The salaries and other administrative expenses like allowances and
pensions in the office of the CAG are charged up on the
Consolidated Fund of India.
 It means the salaries and other expenses of the office of CAG are
not subject to vote of the Parliamnt.
AFTER RETIREMENT:
 The CAG after retirement is not eligible for further office either
under the government of India or government of a state.
FUNCTIONS OF CAG:
 Article 149: This article of the Indian Constitution authorizes the

parliament to prescribe the duties and powers of the CAG.
 The CAG audits (verifies) the accounts related to the expenditure
incurred by the Central and State governments.
 The CAG compiles and maintains the accounts of the state
governments.
 The CAG also audits the accounts of the bodies and authorities
financed by the Central and state revenues like corporations and
companies.
 The CAG audits the accounts of any authority when requested by
the President or Governor.
 The CAG as an agent of the parliament conducts the audit of
expenditure on behalf of the Parliament.
 The CAG is responsible only to the Parliament.
 The CAG acts as a friend, philosopher and guide of the Public
Accounts Committee (PAC).
SUBMISSION OF REPORT BY THE CAG:

CENTRAL GOVERNMENT REPORT:
 The CAG submits the report relating to the accounts of the central
government to the President of India.
 The President places the report in the parliament.
STATE GOVERNMENT REPORT:
 The CAG submits the report relating to the accounts of the state
government to the Governor of the concerned state.
 The Governor places the report in the State Legislature.
PARLIAMENTARY COMMITTEES:
 The Parliamentary committees are of two types
 Standing Committees (permanent)
 Ad hoc Committees (informal, temporary)
The Adhoc committees are again divided into
Advisory Committees
Inquiry Committees
STANDING COMMITTEES:
 The Standing Committees are permanent committees.
 The Standing Committees are constituted every year.
 The standing committee’s wok on a continuous basis.
www.OnlineIAS.com
PUBLIC ACCOUNTS COMMITTEE (PAC):
 The PAC was set up in the year 1921.
 The PAC was set up under the provisions of the Government of
India Act of 1919.
 The strength of PAC is 22 members.
 The members are elected from both Lok Sabha and the Rajya Sabha
from amongst its members.
 Out of 22 members of PAC 15 are elected from Lok Sabha and the
remaining 7 are elected from the Rajya Sabha.
 All the members are elected through the proportional representation
by means of a single transferable vote.
 Note: With the above process of election most of the parties will
have representation in the PAC.
 The term of office of a member is 1 year.
 In the beginning the Chairman of the PAC used to be appointed by
the Speaker from amongst the 22 members.
 Up to 1966 and 1967 the Speaker used appoint a ruling party
member as the Chairman of PAC.
 In the year 1967 a convention was established that the Speaker must
appoint only opposition party member as the Chairman of the PAC.
 Ministers cannot be the members of this committee.
FUNCTION OF PUBLIC ACCOUNTS COMMITTEE:

 The Comptroller and Auditor General verify the accounts and the
report is submitted to the President of India.
 The report of CAG is laid before the Parliament by the President.
 The PAC will examine the annual audit reports of the Comptroller
and Auditor General.
 The PAC will examine the appropriation accounts and the finance
accounts of the Union government and any other accounts lay before
the Lok Sabha.
 The appropriation accounts compare the actual expenditure with the
expenditure sanctioned by the Parliament through the appropriation
act.
 The finance accounts show the annual receipts and disbursements of
the Union government.
 The PAC must satisfy itself that the money has been disbursed was
legally available for the applied service
 Every re appropriation is has been made in accordance with the
related rules.
 The PAC examines the accounts of state corporations, trading
concerns and manufacturing projects and the audit report of CAG
on the same.
 The PAC examines the accounts of autonomous and semi
autonomous bodies, the audit of which is conducted by the CAG.
 The PAC considers the report of the CAG relating to an audit of ant
receipts or to examine the accounts of stores and stocks.
 The PAC examines the money spent on any service during a
financial year in excess of the amount granted by the Lok sabha for
that purpose.
 In the fulfillment of the functions the PAC is assisted by the
Comptroller and Auditor General.
 Hence CAG is considered as Guide, Friend and Philosopher of the
PAC.
 Finally the report of the PAC is submitted back to the Parliament.
 The report of the PAC is discussed in the Parliament.
 The members demand that action should be taken against the tainted
ministers.
 The report of PAC is criticized as ‘Post Mortem” report.
ESTIMATES COMMITTEE:
 The estimates committee was set up in the year 1950.
 In fact in the year 1921 standing financial committee was set up.
 The Estimates committee is also called “Economy Committee”
since this committee suggests economies in the budget.
 When the Estimates Committee was set up in the year 1950 the
strength was 25.
 In the year 1956 the strength of the Estimates Committee was

increased to 30.
 All the 30 members of Estimates Committee are drawn from Lok
Sabha only.
 There is no representation of Rajya Sabha in Estimates Committee.
 The 30 members are elected by the Lok Sabha through proportional
 So, all the parties have representation in the Estimates Committee.
 The term of office of a member of Estimates Committee is 1 year.
 The Chairman of the Estimates Committee is appointed by the
Speaker from amongst the members.
 The Chairman is invariably from the ruling party.
FUNCTIONS OF THE ESTIMATES COMMITTEE:

 The Estimates Committee examines the estimates included in the
budget and suggests economies in the public expenditure.
 The committee also suggests the form in which the estimates are to
be presented to the Parliament.
 The Estimates Committee examines whether the money is well laid
out within the limits of policy implied in the estimates.
 The estimates committee also suggests alternative policies in order
to bring about efficiency and economy in the administration.
 The Estimates Committee continues to work throughout the year

and report to the house as its examination proceeds.
COMMITTEE ON PUBLIC UNDERTAKINGS (COPU):

 The Committee on Public Undertakings was established in the year
1964 on the recommendation of Krishna Menon committee report.
 Initially the strength of CoPU is 15 members, drawing 10 members
from Lok Sabha and 5 from the Rajya Sabha.
 In the year 1974 the strength of CoPU is increased to 22.
 Out of 22 members 15 members are drawn from the Lok sabha and
7 members are drawn from the Rajya Sabha.
 The term of the office of a member is 1 year.
 The members are elected through the proportional representation by
means of a single transferable vote.
 Hence majority of the parties will be represented in the committee.
 The chairman of CoPU is appointed by the Speaker.
 The Chairman should be a member of Lok Sabha only.
 A member of Rajya Sabha cannot be appointed as the Chairman of
CoPU.
THE FUNCTIONS OF COMMITTEE ON PUBLIC

UNDERTAKINGS:
 The CoPU examines the reports and accounts of Public undertakings

 The CoPU examines the reports of the Comptroller and Auditor
General on Public Undertakings.
 The CoPU examines whether the affairs of the public undertakings
are being managed in accordance with the sound business principles
and practices.
 The CoPU also exercises such functions vested in the PAC and
Estimates Committee in relation to Public undertakings which are
allotted to it by the Speaker from time to time.
DEPARTMENTAL STANDING COMMITTEES:

 In the year 1993, 17 departmental standing committees were created
in the Parliament to exercise control over the executive.
 These committees exercise control over all the departments in the
government.
 The strength of each standing committee is 45.
 Out of this 30 are drawn from Lok Sabha.
 Remainig 15 drawn from the Rajya Sabha.
 The members from the Lok Sabha are nominated by the Speaker.
 The members from the Rajya Sabha are nominated by the Chairman.
 The term of office of each member is 1 year.
 Ministers cannot be the members of any standing committee.
 The Chairman of 11 committees are appointed by the Speaker.
 The chairman of the remaining 7 committees is appointed by the

Chairman.
 Each party is proportionately represented in these committees.
BUSINESS ADVISORY COMMITTEE (BAC)

 The Business Advisory committee allocates time for the transaction
of legislative and other business brought before the house.
 The BAC of Lok Sabha is different from that of Rajya Sabha.
 IN LOK SABHA:
 The Speaker of the Lok Sabha is the chairman of Business Advisory
Committee in Lok Sabha
 The Business Advisory Committee in Lok Sabha consists of 15
members including the Speaker.
 IN RAJYA SABHA:
 The Chairman of Rajya Sabha acts as the Chairman of the BAC.
 It consists of 11 members including the Chairman.
COMMITTEE ON PRIVATE MEMBERS BILLS AND

RESOLUTIONS:
 Who are private members?

 The members of the Parliament other than the Ministers are called the
Private members.
 This committee is present only in Lok Sabha.

 The Rajya Sabha does not have a committee on private members
bills and resolution.
 The Deputy Speaker is the Chairman of this committee.
 The strength of the committee is 15 members including the Deputy
Speaker.
 The committee on private members bills and resolutions classifies
the bills and allocates the time for the discussion of bills and
resolutions introduced by the private members.
 This function in Rajya Sabha is performed by the Business Advisory
Committee.
COMMITTEE ON GOVERNMENT ASSURANCES:

 This committee was constituted in the year 1953.
 This committee is present in both Lok Sabha and the Rajya Sabha.
 The strength of the committee in Lok Sabha is 15 members.
 The strength of the committee in Rajya Sabha is 10 members.
 On the floor of the Parliament the ministers give assurances.
 The committee on government assurances examines those

assurances and reports on the extent to which they have been
implemented.
COMMITTEE ON SUBORDINATE LEGISLATION:

 This committee is present both the houses of the Parliament.
 The strength of the committee in Lok sabha is 15 members.
 The strength of the committee in Rajya sabha is 15 members.
 This committee examines and reports whether the powers to make
regulations, rules, sub-rules and bye-laws delegated by the
Parliament or conferred by the constitution to the executive are
being properly exercised by it or not.
COMMITTEE ON WELFARE OF SCHEDULED CASTES AND

SCHEDULED TRIBES:
 This is a joint parliamentary committee.
 The strength of the committee is 30 members.
 20 members are drawn from the Lok sabha and remaining 10 are
drawn from the Rajya Sabha.
 This committee considers the reports of the National commission
for the SCs and STs.
 This committee also examines the matters relating to the welfare of

SCs and STs.
COMMITTEE ON ABSENCE OF MEMBERS:

 This committee is present only in Lok Sabha.
 It consists of 15 members.
 This committee considers the applications from the members for
leave of absence from the sitting of the house.
 This committee also examines the cases of the members who had
been absent for a period of 60 days or more without permission.
 There is no committee on absence of members in Rajya Sabha.
 In Rajya Sabha these functions are performed by the house itself.
RULES COMMITTEE:
 This committee is present in both the houses of the Parliament.
 The strength of the committee in Lok Sabha is 15.
 The strength of the committee in Rajya Sabha is 16.
 The Speaker is the Chairman of the committee in Lok Sabha.
 The Chairman of Rajya Sabha is the ex-officio chairman of Rules
committee in Parliament.
 The Rules committee considers the matters of procedures and
conduct of business in the house.
 The Rules committee also recommends necessary changes to the

rules of the house.
GENERAL PURPOSE COMMITTEE:

 This committee does not fall under the jurisdiction of ant other
committee.
 This committee is present in both Lok Sabha and the Rajya Sabha.
 IN LOK SABHA:
 The Speaker is the Chairman.

 Deputy Speaker and panel speakers are the members.
 Chair persons of all the departmental committees are the members.
 Leaders of the recognized political parties are the members.
 The Speaker may nominate some other members.
 IN RAJYA SABHA:
 The chairman of Rajya Sabha is the ex-officio chairman.

 Deputy Chairman and panel Chairmen are the members.
 Chair persons of all the departmental committees are the members.
 Leaders of the recognized political parties are the members.
 The Chairman may nominate some other members.

 This committee considers and advises on matters concerning affairs
of the house which do not fall within the jurisdiction of any other
parliamentary committee.
COMMITTEE ON PRIVILEGES:
 This committee is present in both the houses of the Parliament.
 The strength of the committee in Lok Sabha is 15 members.
 This committee examines the cases of breach of privileges of the
house and its members and recommends the action.
JOINT COMMITTEE ON SALARIES AND ALLOWANCES OF

MEMBERS:
 This is a common committee for both the houses of the Parliament.
 This was constituted in the year 1954 under the Salary, allowances
and pensions of members of parliament Act 1954.
 The strength of the committee is 15.
 10 members are drawn from the Lok sabha and the 5 members are
drawn from the Rajya Sabha.
 This committee frames the rules for regulating the payment of
salary, allowances and pensions to the members of the Parliament.
HOUSE COMMITTEE:
 This is present in both the houses of the Parliament.
 The house committee deals with the residential accommodation to
the members and other amenities like food, medical aid.
JOINT COMMITTEE ON OFFICE OF PROFIT:

 10 members are drawn from the Lok Sabha and 5 are drawn from
the Rajya Sabha.
 This committee examines into the committees or other bodies
appointed by the Central and state governments and recommends
whether persons holding these offices should be disqualified from
being elected as members of Parliament or not.
COMMITTEE ON PETITIONS:
 The committee on petitions is present in both the houses of the
Parliament.
 The strength of the committee in Lok sabha is 15.
 This committee examines the petitions on bills and on matters of
general public importance.
 This committee also accepts the petitions from individuals and
associations on matters pertaining to Union subjects.
ETHICS COMMITTEE:
 The Ethics committee is present in both the houses of the
Parliament.
 The Ethics committee of Rajya Sabha was constituted in the year
1997.
 The Ethics committee of Lok Sabha was constituted in the year
2000.
 This committee is engaged in maintain the discipline of the house.
 The ethics committee enforces the code of conduct to the members.
 This committee examines the cases of misconduct.
LIBRARY COMMITTEE:
 This is a common committee for both the houses of the Parliament.
 Out of this 6 members are drawn from the Lok Sabha and the
remaining 3 are drawn from the Rajya Sabha.
 This committee considers the matters relating to the library of
Parliament.
 The committee also assists the members in utilizing the library
services.
COMMITTEE ON THE PAPERS LAID ON THE TABLE:

 This committee is present both in Lok Sabha and the Rajya Sabha.
 The strength of the Lok Sabha committee is 15.
 The strength of the Rajya Sabha committee is 10.
 This committee examines the papers laid on the table of the house
by the ministers to see whether they comply with the provisions of
the Constitution.
COMMITTEE ON EMPOWERMENT OF WOMEN:

 20 are drawn from the Lok Sabha and 10 from Rajya Sabha.
 This committee considers the reports of the National Commission
for women and examines the measures taken by the union
government to secure status, dignity and equality for women in all
field.
AMENDMENT OF THE CONSTITUTION:
 Amendment is nothing but modification of the Constitution.

 The amendment of the Indian constitution is mentioned in PART

XX of the constitution.
 The procedure is mentioned under article 368 of the Indian
Constitution.
 The parliament is empowered to amend the constitution.
 Indian Constitution is both rigid and flexible.
 The constitution is rigid means it is amended with a special majority.
 The Constitution is flexible means it is amended with a simple
majority.
NOTE: The Parliament cannot amend the basic features of the

Constitution.
 This was ruled by the Supreme Court in the keshavananda Bharati

case of 1973.
 But, the Supreme Court is yet to define what constitutes the basic
features of the Constitution.
 From various judgments of the Supreme Court the basic structure
of the Constitution can be
 The supremacy of the Constitution.
 Sovereign, Democratic and Republic nature of the Indian Polity
 Secular Character of the Constitution
 Separation of powers between legislature, executive and Judiciary
 Federal character of the Constitution

 Unity and Integrity of the nation
 Judicial review
 Freedom and dignity of the individual
 Rule of law
 Balance between Fundamental Rights and Directive Principles of
State Policy
 The Principle of equality
 Free and fair elections
 Independence of Judiciary
 Limited powers of the Parliament to amend the Constitution
 How many methods are mentioned to amend the Constitution?

 The article 368 provides for two types of amendments.
 By a Special majority of the Parliament.
 By a special majority of the Parliament and consent by at least
half the states by simple majority.
NOTE:
 Some other articles in the Constitution also provides for the amendment
of the Constitution.
 Under article 3 of the constitution new states can be created.
 Under article 169 of the Indian Constitution state legislative councils can
be created / abolished.
 These amendments are not deemed to be the amendments for the
constitution for the purpose of article 368.
 Hence, the Constitution of India can be amended in three ways.

 Amendment by simple majority of the Parliament.
 Amendment by a special majority of the Parliament.
 Amendment by a special majority of the Parliament and
ratification (consent) by at least half the states legislatures.
WHAT IS THE PROCEDURE FOR AMENDMENT OF THE

CONSTITUTION?
 The procedure is laid down in Article 368 of the Indian Constitution.
 The procedure for the amendment is initiated in the Parliament (Lok
Sabha or Rajya Sabha) only.
 The amendment is initiated only by introducing a bill in the

Parliament.
 The amendment procedure cannot be initiated in the state
legislatures.
 The bill can be introduced either by a public member (Minister) or
by a Private member (who is not a Minister, but a member of the
house).
 The amendment bill does not require the prior permission of the
President.
 The amendment bill must be passed in each house by a special
majority.
 Special majority: A majority of more than 50 percent of the total
membership of the house and a majority of 2/3 rd of members of the
house present and voting.
 The bill must be passed in each house separately.
 In case of disagreement between the Lok sabha and Rajya Sabha the
bill is considered to be rejected.
 There is no provision of the Joint Session in the Constitution for
the purpose of passing a constitution amendment bill.
 If the amendment bill seeks to amend the federal provisions of the
constitution, the bill must be ratified by the legislatures of half of
the states by a simple majority.
 The bill is presented to the President after it is passed by the

Parliament and the state legislatures (in case of federal provisions).
 The President must give assent to the constitution amendment bill.
 The President cannot withhold the assent to the bill.
 The President cannot return the bill for the reconsideration of the
Parliament. .
 Note: Prior to 1971 the President can withhold or return the bill for
reconsideration of the Parliament. But, with the 24th constitutional
amendment of 1971 it was made obligatory on the part of the
President to give the assent for the constitutional amendment bill.
 After the assent of the President the amendment bill becomes an act.
AMENDMENT BY SIMPLE MAJORITY OF PARLIAMENT:

 NOTE: Amendment of the Constitution with a simple majority is
outside the scope of Article 368.
 There are many provisions in the Constitution that can be amended
by a simple majority of the Parliament.
 Admission of new states – Article 2
 Creation of new states – Article 3
 Creation or abolition of state legislative council – Article 169
 Quorum in the Parliament – Article 100
 Rules of procedures of Parliament
 Salaries and allowances of the members of the Parliament
 Use of English language in the Parliament
 Use of official language

 Citizenship
 Delimitation of constituencies
 2nd schedule – Emoluments, allowances and privileges of the
President, Vice President, Governors, Judges etc.
 5th schedule – Administration of scheduled areas and scheduled
tribes
 6th schedule – Administration of tribal areas
AMENDMENT BY SPECIAL MAJORITY OF

PARLIAMENT:
 The majority of the provisions in the constitution need to be

amended by special majority.
 What is special majority?
 This is the majority of the total membership of each house
And
 a majority of 2/3rd of the members of each house present and voting.
 The important provision that can be amended through special
majority are
 Fundamental Rights
 Fundamental Duties
 Directive Principles of State Policy
AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT

AND CONSENT BY ATLEAST HALF THE STATES:
 The provisions that are related to the federal structure can be
amended through this procedure.
 After the bill is passed in the Parliament with the special majority
then the bill is forwarded to the state legislatures.
 If the bill is passed by a at least half the states with a simple majority
then the bill is forwarded to the President.
 With the consent of the President the bill becomes law.
 Election of the President and its manner
 Extent of the executive powers of the union and the states
 Distribution of legislative powers between the union and the states
 Extension of reservation for Scheduled caste, Scheduled Tribes and
Anglo-Indians in the Parliament and the state legislatures.
 Representation of states in the Parliament.
 Power of the Parliament to amend the Constitution and its
procedure.
ANTI DEFECTION LAW: (10th Schedule)

 Defections mean jumping from one political party to the other after
getting elected.
 The anti-defection law is meant for disqualification of members of
Parliament or State Legislatures on the grounds of defections from
one political party to the other.
 This is mentioned under 10th schedule of the constitution.
 The 10th schedule was added to the constitution in the year 1985
through 52nd amendment.
 Accordingly the required changes were made in the articles 101,
102, 190 and 191.
 The articles 101 and 102 are related to the vacation of the seats and
disqualification of members in the Parliament.
disqualification of members in the State Legislatures.
 In Parliament and State Legislatures there are three categories of
members present.
Political Party members
Independent members
Nominated members
 All categories of members can be disqualified under the grounds of
defections.
PLEASE NOTE: The anti defection law is applicable only to the

current (present) members of
 Lok Sabha
 Rajya Sabha
 Assemblies
 Legislative Councils
DISQUALIFICATION OF MEMBERS OF POLITICAL PARTIES:

 A member of a political party can be disqualified,
 If the member voluntarily gives up the membership of the political
party on whose ticket the members got elected to the house
OR
 if the member votes contrary to the whip (Direction) issued by the
concerned political party
OR
 if the member abstains contrary to the direction issued by the

concerned political party without obtaining prior permission from
the party.
 Note: the basic idea is that a member elected on a party ticket should
continue in the party and follow the guidelines of the party.
EXCEPTIONS:
 A member going out of a party through Split is not disqualified on
the grounds of defections.
WHAT IS SPLIT?
 If minimum 1/3rd members of a political party move out and form a new party
it is called Split.
 The speaker or the chairman if satisfied recognizes the split group

as a new party.
 Note: The Split group cannot join any political party. If so, the group
is disqualified.
 Please Note: The Split by 1/3rd members of a party have been
deleted through the 91st amendment Act of 2003. This means that
the defectors have no more no more protection under the 10 th

schedule.
WHAT IS MERGER?
 If a 2/3rd of a political party forms a separate group and joining another

political party is called merger.
 If a member goes out as a result of merger, the member is not

disqualified.
 If a member after being elected as the Presiding officer of the house,
voluntarily gives up the membership of the party and rejoins it after
he ceases to hold that office.
 The exemption has been provided to the Presiding officer in view of
dignity and impartiality of the office.
INDEPENDENT MEMBERS:
WHO IS AN INDEPENDENT MEMBER?
 An independent member is an elected member of the house who does

not belong to any political party.
 If an independent member joins any political party then the member

is disqualified from the membership of the house.
 Note: An independent member can continue as an associated
member of a political party.
NOMINATED MEMBERS:
 These are the members who are nominated by the President for
Parliament and by the Governors for the State Legislatures.
 A nominated member is disqualified for being a member of a house
if the member joins any political party after the expiry of 6 months
from the date on which he takes his seat in the house.
EXCEPTION FOR A NOMINATED MEMBER:

 If a nominated member joins a political party within 6 months of
taking seat in the house is not disqualified from the membership of
the house.
WHO IS THE DECIDING AUTHORITY REGARDING THE

DISQUALIFICATION OF A MEMBER:
 The deciding authority is the Presiding officer (Speaker/chairman).
 Initially the anti-defection act provided that the decision of the
presiding officer is final and cannot be challenged in the court of
law.
 In the year 1993, in Kihoto Hollohan V. Zachilhu case the Supreme
Court declared that this provision is unconstitutional on the ground
that it seeks to take away the jurisdiction of Supreme Court and High
Courts.
 Hence since 1993, the decision of the presiding officer is subject to
the judicial review.
 It means the disqualification of a member can be challenged in a
court of law on the grounds of malafides.
PANCHAYATI RAJ:
 Article 40: The state shall take steps to organize village panchayats
and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.
 The Village Panchayat was a unit of local administration since the
British early days.
 The Bengal Local self-government Act, 1885, the Bengal Village
Self-Government Act, 1919 and the Bengal Municipal Act, 1884 are
the different enactments during the initial days.
 The Government of India Act, 1935 the power to enact legislation
was specially given to the provincial legislatures.
 Note: Village Panchayat was present in the Provincial Legislative
List.
 With this many provinces enacted laws vesting power pf
administration, including criminal justice in the hands of
panchayats.
 The Panchayati Raj is the Rural Local Self Government.
 ‘Local Government’ is mentioned in the State list of 7th schedule
of the Indian Constitution.
 The Panchayati Raj was not a part of the original Constitution.
 The Panchayati Raj was made a constitutional body through the 73rd
amendment Act of 1992.
 Later the Panchatys have started functioning in most of the state.
 The government has launched Community Development

Programme (CDP) in the year 1952.
 The government has launched National Extension Service (NES)
in the year 1953.
BACK GROUND OF THE CONSTITUTIONAL STATUS OF THE

PANCHAYATI RAJ:
 In January 1957 the Government of India appointed Balwant Rai
Mehta Committee (B R Mehta Committee).
 The B R Mehta Committee was appointed to examine the working
of the Community Development Programme and the National
Extension Service.
 The B R Mehta Committee submitted the report in November 1957.
 The B R Mehta Committee recommended the establishment of the
scheme of ‘Democratic Decentralization” which ultimately came
to be known as Panchayati Raj.
 The recommendations were accepted by the National Development
Council in January 1958.
 Rajasthan was the first state to establish the Panchayati Raj in India
on October 2, 1959.
B R MEHTA COMMITTEE RECOMMENDATION:

 B R Mehta Committee recommended for the establishment of 3-tier

structure Panchayati Raj system.
 Gram (village) Panchayat - Village Level
 Panchayati Samiti - Block Level
 Zilla Parishad - District Level
 The Village Panchayat should be constituted with directly elected
representatives.
 The Panchayat Samiti should be constituted with indirectly elected
members.
 The Zilla Paridhad also to be constituted with indirectly elected
members.
 All the planning and development activities should be entrusted to
the panchayati raj bodies.
 The Panchayati Samiti should be the executive body.
 The Zilla parishad should be the advisory, coordinating and
supervisory body.
 The District Collector should be the Chairman of the Zilla Parishad.
 There should be a genuine transfer of powers and responsibility to
these democratic bodies.
 These bodies should be transferred with adequate resources.
 A system should be evolved for the further devolution of authority
in future.
 The National Development Council (NDC) accepted the

recommendations in January, 1958.
 The NDC said that the basic principles should be identical
throughout the country.
 WHICH IS THE FIRST STATE TO ESTABLISH

PANCHAYATI RAJ?
 The scheme of Panchayat Raj was first established in

Rajasthan.
 In Rajasthan the scheme was inaugurated by Jawahar Lal Nehru

(then Prime Minister if India) on October 2, 1959.
 Thus, the Nagaur district of Rajasthan became the first in India that
initiated the Panchayati Raj.
 Andhra Pradesh became the 2nd state to introduce the Panchayati
Raj.
 In Andhra Pradesh it was introduced on November 1, 1959.
 Later the Panchayati raj system was adopted by many states.
 There were many differences among the states in the structure and
function of the panchayati Raj.
 The states like Rajasthan and Andhra Pradesh adopted 3 tier

systems.
 The state, West Bengal adopted 4 tier system.
 The states, Tamil Nadu adopted the 2 tier system.
 Some states made the Panchayati Samiti powerful (Rajasthan and
Andhra Pradesh).
 Some stated made the Zill Parishad powerful (Gujarat and
Maharashtra).
 Some states also established Judicial Panchayats called Nyaya
Panchayats to try petty civil and criminal cases.
ASHOK MEHTA COMMITTEE:

 In almost all the states the Panchayti Raj system could not achieve
the desired results.
 In December 1977, the Janata Party Government headed by the
Prime Minister Morarji Desai appointed a committee on Panchayati
Raj institutions.
 Ashok Mehta was the chairman of the committee.
 This committee is also called Ashok Mehta Committee.
 The Ashok Mehta Committee submitted the report in August 1978.
 To strengthen the Panchayati Raj system the Ashok Mehta
Committee made 132 recommendations.
 The Ashok Mehta Committee recommended that 2 tier structure

should be established.
 Note: 3 tier structure should be replaced with the 2 tier structure.
 Mandal Panchayat - Mandal Level
 Mandal Panchayat is a group of villages with a population of 15,000
to 20,000.
 A district should be the first point for decentralization under popular
supervision below the state.
 The Zilla Parishad at the district level should be the executive body.
 The Zilla Parishad must be made responsible for planning at the
district level.
 There should be an official level participation of political parties at
all levels of Panchayat elections.
 The Panchayati Raj must have compulsory powers of taxation to
mobilize their own financial resources.
 There should be a regular social audit by a district level agency and
by a committee of legislatures to check whether the funds allotted
for the vulnerable social and economic groups are actually spent on
them or not.
 The State governments should not supersede the Panchayati Raj
Institutions.
 In case of super session elections should be held within 6 months.
 The Nyaya Panchayats should be presided over by a qualified judge.

 The Nyaya Panchayat should be kept as a separate body.
 The chief electoral officer in consultation with the chief election
commissioner should conduct elections of the Panchayat Raj.
 A Minister for panchayat Raj should be appointed.
 Seats for Scheduled caste and scheduled tribes should be reserved
on the basis of their population.
NOTE: No action was taken on the recommendations of the Ashok Mehta

Committee report as the Janata Party government was collapsed before the
term.
GVK RAO COMMITTEE:

 In the year 1985 the Planning Commission appointed a committee
on Administrative Arrangement for Rural Development and Poverty
Alleviation Programme.
 This committee was headed by G V K Rao.
 The G V K Rao committee observes that the development process
was gradually bureaucratized and divorced from Panchayati Raj.
 According to the G V K Rao committee this phenomenon weakened
the Panchayati Raj institutions and is called ‘Grass without Roots”.
 The committee recommended for the revitalization of the entire
Panchayati Raj system.
 This committee recommended for the reduction of the role of the

district collector in the development.
L M SINGHVI COMMITTEE:
 In the year 1986 then Prime Minister Rajiv Gandhi appointed a
committee on “Revitalization of Panchayati Raj Institutions for
Democracy and Development”.
 L M Singhvi was the Chairman of the committee.
 The L M Singhvi committee recommended that the Panchayati Raj
institutions should be constitutionally recognized, protected and
preserved.
 The committee recommended that a new chapter should be added to
the Constitution for the same purpose.
 The L M Singhvi Committee also suggested for the constitutional
provisions to ensure regular, free and fair elections to the Panchayati
Raj bodies.
*****
 After the recommendations of the above committees, then Prime
Minister Rajiv Gandhi made a first attempt to provide the
constitutional status to the Panchayati Raj bodies.
 In July 1989, the Rajiv Gandhi Government introduced 64 th
Constitutional amendment bill.
 The 64th amendment bill was introduced in the Lok sabha:

 Note: A constitutional amendment bill can be introduced either in
Lok Sabha or in Rajya Sabha.
 This amendment is meant for providing the constitutional status to
the Panchayati Raj institutions.
 The Lok sabha passed the bill in August 1989.
 Note: An amendment bill must be passes with the special majority.
 The bill was opposed in the Rajya Sabha on the grounds that it
sought to strengthen centralization in the federal system.
 The bill was not passed in the Rajya Sabha.
 The 64th amendment bill was lapsed.
 NOTE: A constitutional amendment bill must be passed in both the
houses of the Parliament separately with a special majority.
 ALSO NOTE: There is no provision of Joint sitting in case of
disagreement on a Constitutional amendment bill.
 Thus the first attempt was failed and the Panchayati Raj could not
be included in the Constitution.
*****
 In the year 1989 National Front government was formed at the
Central level.
 Vishwanath Pratap Singh was appointed as the Prime Minister of
India.
 In the month of November 1989, the then Prime Minister V P Singh

announced that the steps to strengthen the Panchayati Raj would be
taken.
 In September 1990 a constitutional amendment bill was introduced
in the Lok Sabha.
 The fall of government in the year 1991 resulted in the fresh
Parliamentary election.
 This led to lapse of the bill.
*****
 After the elections of 1991 P V Narasimha Rao was appointed as the
Prime Minister of India.
 Note: During the election campaign on May 21, 1991 Rajiv Gandhi
was brutally assassinated.
 The Congress government (P V Narasimha Rao) considered the
matter of constitutionality for the panchayati Raj institutions.
 The controversial aspects were removed from the bill.
 The bill was introduced in the form of 73 rd constitutional
amendment bill.
 The 73rd constitutional amendment bill was introduced in the Lok
Sabha in September 1991.
 The bill was passed by the Lok Sabha on December 22, 1992.
 The bill was passed by the Rajya Sabha on December 23, 1992.
 The bill was approved by the 17 state assemblies.
 Note: A constitutional amendment bill related to the federal powers

must get the consent of at least half the state with simple majority.
 The bill received the assent of the President (Shankar Dayal
Sharma) on April 20, 1993.
 This amendment provided the constitutional status to the Panchayati
raj institutions.
 This became the 73rd Constitution amendment Act, 1992.
 This came into force on April 24, 1993.
SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992

 This act added Part-IX to the Constitution.
 This act also added new article from 243A to 243O (English
alphabet ‘O”).
 Note: This means 243A, 243B, 243C …243O.
 The 73rd amendment act also added 11th schedule to the Constitution
of India.
NOTE: THE ORIGINAL CONSTITUTION CONTAINS

ONLY 8 SCHEDULES.
 9th schedule was added through the 1st amendment in the

year 1951.
 9th schedule is related to the land reforms.
 10th schedule is added in the year 1985 through the 52 nd
amendment.
 10th schedule is related to the Anti-Defection law.
 The 11th schedule contains 29 items.

 The state governments are under the constitutional obligation to
adopt the new Panchayati Raj system.

 The provisions of the Constitution are divided into 2 categories.
Compulsory (Obligatory) provisions
Voluntary Provisions
 The compulsory provisions of the act have to be included in the state
laws creating the new Panchayati Raj system.
 The voluntary provisions may be included at the direction of the
states.
 GRAM SABHA:
 All the adult members are in the village is the Gram Sabha.
 This means that all the persons registered in the electoral rolls of a
village is the Gram Sabha.
 This is a village assembly consisting of all the registered voters in a

Village Panchayat.
 The Gram Sabha at the village level functions as determined by the
state legislature.
 3-Tier system:
 The act provides for the establishment of a 3-tier panchayati Raj
structure at the state level to bring the uniformity throughout the
country.
 Village Level - Village Panchayat
 Mandal Level (intermediate) - Mandal Panchayat
 But, a state with a population not exceeding 20 Lakh may not
constitute Mandal Panchayat.
 Note: It means the states with a population less than 20 lakh may
constitute only Village Panchayat and Zill Parishad.
 ELECTIONS:
 All the members of the Panchayats at all levels
 Village
 Mandal
 District
 Shall be elected directly by the people.
 In this way representative democracy was introduced at the grass
root level.
 The manner of election Chair person at the village level (Sarpanch

or President) is determined by the state legislature.
 The chair persons of Mandal Panchyat (Madal President) and Zill
Parishad (Chairman) shall be elected indirectly from amongst the
elected members.
 Entire District (Zilla) is divided into number of ZPTCs (Zilla
Parishad Territorial Constituencies).
 A ZPTC is directly elected by the people.
 The directly elected ZPTCs from amongst them elect the chairman
of Zilla Parishad.
 Similarly each Mandal is divided into MPTCs (Mandal Parishad
Territorial Constituencies).
 An MPTC is elected directly by the people.
 The President of Mandal is elected by the MPTCs from amongst
themselves.
 Hence, except the ZP chairman and the Mandal President all the
members in the Panchayats are elected directly.
 RESERVATION OF SEATS:
 Article 243 D provides the reservation of seats for SCs and STs.
 The Scheduled Caste and Scheduled Tribes are provided with the
reservation of seats at all the three levels in proportion to their
population.
 The state legislature shall provide for the reservation of offices of

the Chairpersons in the Village panchayat or any other level for SCs
and STs.
 The women are provided with the reservation at all the three levels.
 Not less than the 1/3rd of the total number of seats shall be reserved
for women.
 This includes seats reserved for women belonging to SCs and STs).
 Further not less than 1/3rd of the total number of offices of
chairpersons in the panchayats at each level shall be reserved for
women.
 The act also authorizes the state legislatures to make any provision
for reservation of seats in any panchayat or offices of chairpersons
in the Panchayat at any level in favour of backward classes.
 TERM OF PANCHAYATS:
 The term of office at each level is 5 years.
 The office can be dissolved earlier before the completion of the term
in accordance with the procedure prescribed by state law.
 In case of dissolution election should be conducted before the expiry
of the 6 months from the date of dissolution.
 A Panchayat that is reconstituted after premature dissolution shall
continue only for the remainder of the period.
 Fresh election to the panchayats can be conducted before the expiry
of the term of 5 years.
 Qualifications:
 Article 243 F provides that all persons who are qualified to be
chosen to the state legislature shall be qualified to be chosen as a
member of a panchayat.
 A person who attained the age of 21 years is eligible to contest in
the Panchayat elections.
 Note: In case of state assembly it is 25 years.
 DISQUALIFICATIONS:
 If a person is disqualified under any law for the time being in force
for the purpose of elections to the legislature of the state concerned.
 If a person is disqualified under any law made by the state
legislature.
 No person can be disqualified on the grounds that he is less than 25
years of age if he has attained the age of 21 years.
 All questions of disqualifications shall be referred to such authority
as the state legislature determines.
 POWERS, AUTHORITY AND RESPONSIBILITIES OF
PANCHAYATS:
 Artcile 243G-243H: State legislatures confer on the panchayats such
powers and authority as may be necessary to enable them to function
as institutions of self government.
 The panchayats may be entrusted with the responsibilities of
 Preparing plans for economic development and social justice
 Implementation of schemes for economic development and social

justice.
 With regard to the subjects that are mentioned in the 11 th schedule
of the Indian Constitution. (29 items).
 Thus the 11th schedule distributes powers between the state
legislature and panchayats.
 Note: the 7th schedule distributes the powers between the Union and
the State legislatures.
POWERS OF PANCHAYATS TO IMPOSE TAXES AND

FINANCIAL RESOURCES:
 State legislature may authorize the panchayats to levy, collect and
appropriate taxes, duties, tolls etc.
 The state legislature can also assign to a panchayat various taxes,
duties etc collected by the state government.
 From the Consolidated Fund of the State Grants-in-aid may be given
to the Panchayats.
STATE FINANCE COMMISSION:

 The State Finance Commission is constituted by the Governor every
5 years.
 The states were given 1 year time from April 24, 1993 and
afterwards every 5 years the state government shall appoint a
Finance Commission to review the financial position of the

Panchayats and to make recommendations.
 The state finance commission recommends about the division of net
proceeds of taxes, duties, tolls and fees leviable by the state may be
divided between the state government and the Panchayats and how
allocation would be made among various levels of Panchayats.
 The State Finance Commission also recommends about the grants-
in-aid to be given to the panchayats.
 The State finance Commission submits the report along with the
memorandum of action taken on it to the Governor.
 The report of the Finance Commission along with a memorandum
of action taken on it is laid before the state legislature by the
Governor.
AUDITING OF PANCHAYAT ACCOUNTS:
 The provisions are made by the state legislature with respect to the
maintenance of accounts by the panchayats and the auditing of such
accounts.
STATE ELECTION COMMISSION:

 Article 243K provides for the constitution of a state Election

Commission consisting of a State Election Commissioner.
 The State Election Commissioner is appointed by the Governor.
 The State Election Commission is vested with the responsibilities of
 Superintendence
 Direction
 Control of elections to the panchayats
 Preparation of electoral rolls
 The State Election Commissioner can be removed in the same
manner and on the same grounds as a judge of a High Court.
 The State Legislature has the power to legislate on all matters
relating to elections to panchayats.
 As per Article 329 courts shall have no jurisdiction to examine the
validity of a law relating to delimitation of constituencies or the
allotment of seats made under Article 243K.
 An election to a panchayat can be called in question only by an
election petition which should be presented to such authority and in
such manner as may be prescribed by or under any law made by the
state legislature.
MUNICIPALITIES:
 The Municipalities are the Local self government units in the urban
areas.
 The urban local self government is nothing but governance of an
urban area by the people through their elected representatives.
 Local government is a state subject under the 7 th schedule of the
Constitution.
 Hence it is the state that makes the legislations related to the local
self governments.
 The Part IXA of the Constitution contains the Municipalities.
 Some of the provisions are similar to those present in the part IX

(Panchayati Raj) of the Constitution like reservation of seats, State
Finance Commission and the State Election Commission.
 The Municipalities are included in the Constitution through the 74th
amendment act of 1992.
 The Municipalities are mentioned in the 12th Schedule of the
Constituiton.
 The Articles from 243 P to 243 ZG are related to Municipalities.
BACKGROUND:
 The 1st Municipal Corporation in India was set up in the year 1687,
in Madras.
 In the year 1726 municipal corporations were set up in Bombay and
Calcutta.
 In the year 1882, the viceroy of India Lord Rippon issued a
resolution of Local Self government.
 This resolution issued by Lord Rippon is considered as the ‘Magna
Carta’ of the local self government.
 This influenced the development of local self-government in India
up to 1947.
 Lord Rippon is called the ‘Father of Local Self Government” in
India.
CONSTITUTIONAL STATUS TO MUNICIPALITIES:

 After the commencement of the Constitution for the first time in the
year 1989 the then prime Minister of India made an attempt to
provide the constitutional status to the Municipalities.
 In August 1989, 65th Constitutional amendment bill also called
Nagar Palika bill was introduced in the Parliament.
 The Nagar Palika bill aimed at strengthening and revamping the
Municipalities by conferring a constitutional status to them.
 The Nagar Palika was passed in the Lok Sabha.
 But the Nagar Palika bill was rejected by the Rajya sabha in October
1989.
NOTE: A Constitutional amendment bill must be passed separately by

both the houses of the Parliament with a special majority.
 Hence the Nagar Palika bill was lapsed.

 Later V P Singh became the Prime Minister of India.
 The National Front government introduced the revised Nagar Palika
bill in the Lok Sabha in September 1990.
 The Lok Sabha was dissolved in the year 1991.
 Hence the Nagar Palika bill was also lapsed.

 In the year 1991 P V Narasimha Rao became the Prime Minister of
India.
 In September 1991 the 74th Constitutional amendment bill was
introduced in Lok Sabha.
 The amendment bill was passed by both the houses of the Parliament
in December 1992.
 Later the bill was approved by the half number of the states with a
simple majority.
 The bill was given the consent by the President in April 1993.
 Thus the 74th constitutional act of 1992 came into existence and
provided the constitutional status to the Municipalities.
74TH AMENDMENT ACT:

 The 74th amendment acts aimed at strengthening and revitalizing the
municipality system.
 A new part IX-A has been added to the Constitution.
 This came into force on June 6, 1993.
 This part is entitles as ‘Municipalities’.
 This consists of provisions from articles 243 P to 243 ZG.
 The act also added 12th schedule to the constitution.
 The 12th schedule consists of 18 items.
 With this the state governments are under obligation to adopt the
new system of municipalities in accordance with the provisions of
the act.
KINDLY NOTE: Most of the points related to the 73rd and 74th
amendment acts are similar. Please pay attention while reading.
SALIENT FEATURES OF THE 74TH AMENDMENT ACT:

 The act created 3 types of municipalities.
 Nagar Panchayat
 Municipal Council
 Municipal Corporation
 Article 243Q makes it obligatory for every state to constitute such

units.
 But, an urban area where the industrial establishments are provided
the Governor of the state may specify that area to be an industrial
township.
 An industrial township need not constitute a Municipality.
 Nagar Panchayat is a transitional area. It means an area in transition
from a rural area to an urban area.
 Municipal council is a smaller urban area.

 A Municipal Corporation is a larger urban area.
 To conduct elections at regular intervals entire municipal area is
divided into wards.
 The members of a municipality shall be elected directly by the
people.
 The legislature of a state may by law provide for representation in
municipality
 With persons of special knowledge or experience in Municipal
administration
 Members of Lok sabha – representing the constituency of that
area.
 Members of Rajya Sabha – registered as an elector in the
municipal area.
 Members of State Assembly - representing the constituency of
that area.
 Members of Legislative Council – registered as an elector in the
municipal area.
 The chairpersons of committees other than ward committees.
COMMITTEES:
 The ward committees can be constituted consisting of 1 or more
wards within the territorial area of the Municipality having a
population of 3 lakh or more.
 The composition of the ward committees and the manner in which

the seats are to be filled up is decided by the state legislature.
 In addition to the ward committees other committees can also be
constituted by the state legislature by a law.
RESERVATION OF SEATS:
 The 74th amendment act provides for the reservation of seats for the
Schedules Castes and Scheduled Tribes in every Municipality in
proportion of their population.
 Out of the total number of seats to be filled by direct election at least
1/3rd seats would be reserved for women, including the number of
seats reserved for the women belonging to SC and ST.
 Note: 112th amendment bill is meant for increasing the reservation
for women in Municipalities from 1/3rd to ½ at all levels.
 The reservation of backward classes may be provided by the state
legislature.
 The state legislature may provide for the manner of reservation of
offices of chairpersons in the municipalities for SCs and STs and
women.
 The state legislature may also provide reservation of offices of the
chairpersons’ in municipalities for the backward classes.
TERM:
 The term of every municipality is 5 years.
 A Municipality may be dissolved earlier according to law.
 Elections to constitute a Municipality shall be completed before the

expiry of the period of 5 years.
 If a Municipality is dissolved earlier the elections must be conducted
within 6 months of the dissolution.
 A Municipality constituted after its dissolution shall continue only
for the remainder of the term.
 If the remainder period is less than 6 months it shall not be necessary
to hold elections.
QUALIFICATIONS:
 Article 243V lays down that all the persons who are qualified to be
chosen to the state legislature shall be qualified for being a member
of a Municipality.
 The persons who have attained the age of 21 years will be eligible
to be a member.
 Note: All the questions of disqualification shall be referred to such
authority as the state legislature determines.
THE STATE ELECTION COMMISSION:

 Under Article 243 K the State Election Commission is appointed.
 The State Election Commission shall have the power of
superintendence, direction and control of the preparation of the
electoral rolls (voters list), and to conduct the elections for the
Municipalities.
 All matters relating to the elections to the Municipalities are

regulated by the state legislature by law.
 The State Election Commission conducts the elections to both
Municipalities and Panchayats.
 The State Election Commissioner is removed in the same manner
like that of a High Court Judge.
POWERS, AUTHORITY AND RESPONSIBILITIES:

 As per Article 243W of the Constitution state legislatures have been
conferred the power to confer on Municipalities all such powers and
authority as may be necessary to enable them to function as
institutions of self government.
 To prepare plans for economic development and social justice
 Implementation of schemes as may be entrusted to them
 Other matters related to the items listed in the 12th schedule of the
 Financial Functions:
 A state legislature may by law authorize a Municipality to levy,
collect, and appropriate taxes, duties, tolls etc.
 The state legislature can also assign to a Municipality various
taxes, duties etc collected by the state government.
 On the recommendation of the State Finance Commission state

government gives the Grants-in-aid to the Municipalities from the
Consolidated Fund of a State.

 The State Finance Commission is appointed under article 243 – I of
 The State Finance Commission reviews the financial position of
both Municipalities and Municipalities.
 The State Finance Commission recommends about
 The distribution of taxes, duties, tolls and fees leviable by the state
government may be divided between the state and the
Municipalities.
 Grants-in-aid to be given to the Municipalities.
 The measures needed to improve the financial position of the
Municipalities.
SOURCE OF INCOME TO THE MUNICIPAL CORPORATIONS:

 Property Tax
 Entertainment Tax
 Octroi (now abolished in most of the cities)
OTHER COMMITTEES UNDER THE 74TH AMENDMENT ACT:

 The 74th amendment act also provided for the establishment for the
 District Planning Committee
 Metropolitan Planning Committee.
DISTRICT PLANNING COMMITTEE:

 Under Article 243 ZD a District Planning Committee should be
established at the district level.
 The composition of the committee and the manner in which the seats
are to be filled to be provided by a law to be made by the state
legislature.
 In the district planning committee at least 4/5th of the members shall
be elected by the elected members of the district level panchayats
and of the municipalities in the district from amongst themselves.
 The state legislature also decides the manner in which the
chairperson is elected.
 The functions of district planning may be assigned to the District
Planning Committee by the state legislature.
 The proportion should in accordance with ratio of urban and rural
population of the district.
 The district planning committee shall prepare the plan and forward
to the state government.
METROPOLITAN PLANNING COMMITTEE:

 Under Article 243 ZB a Metropolitan Planning Committee should
be established in every metropolitan area.
legislature.
 In the Metropolitan Planning Committee at least 2/3 rd of the
members of the committee shall be elected by the members of the
Municipalities and the chairpersons of the panchayats in the
Metropolitan area from amongst themselves.
 The functions of Metropolitan planning may be assigned to the
Metropolitan Planning Committee by the state legislature.
 The proportion of seats to be shared by them would be based on the
ratio of the population of the Municipalities and of the panchayats
in that area.
 The Metropolitan planning committee shall prepare the plan and
forward to the state government.
ITEMS IN THE 12TH SCHEDULE:

 Urban planning including town planning
 Regulation of land use and construction of buildings

 Planning for economic and social development
 Roads and bridges
 Water supply for domestic, industrial and commercial purposes
 Public health, sanitation, conservancy and solid waste management
 Fire services
 Urban forestry, protection of environment and promotion of
ecological aspects
 Safeguarding the interests of weaker sections of society, including
the handicapped and mentally retarded
 Slum improvement and up gradation
 Urban poverty alleviation
 Provision of urban amenities and facilities such as parks, gardens,
playgrounds
 Promotion of cultural, educational and aesthetic aspects
 Burials and burial grounds, cremations and cremation grounds, and
electric crematoriums
 Cattle ponds, prevention of cruelty to animals
 Vital statistics including registration of births and deaths
 Public amenities including street lighting, parking lots, bus stops
and public conviences
 Regulation of slaughter houses and tanneries. MUNICIPAL
CORPORATION:
 The Municipal Corporations are established in the states by the acts

of the state legislatures.
 The same are established in the Union Territories through the acts
of the Parliament.
 The Municipal Corporations are created for the administration of big
cities.
 The State Election Commission conducts the elections for a
Municipal Corporation.
 For that purpose the total area is divided into the wards.
 The people in each ward elect a representative called Corporator /
Councilor.
 A Municipal Corporation consists of three different authorities.
 Council
 Standing committees
 Municipal Commissioner
MUNICIPAL COUNCIL:
 The council consists of the members directly elected by the people.
 The council is the deliberative and legislative wing of the
Corporation.
 The council is headed by a Mayor.
 The election of the Mayor is decided by the state legislature.
 If it is indirect election the Mayor is elected from among the

members of the council.
 The meetings of the council are presided over by the Mayor.
 The Mayor is assisted by the Deputy Mayor.
 The standing committees are large in size.
 They are created to facilitate the working of the council.
 The standing committees take decisions in their respective fields
like education, health, taxation, Public works, finance etc.
MUNICIPAL COMMISSIONER:
 The Municipal Commissioner is appointed by the State
Government.
 The Municipal Commissioner belongs to the IAS.
 The Municipal Commissioner is the chief executive authority of the
 The Municipal Commissioner is responsible for implementation of
the decisions taken by the council and the standing committees.
*****
MUNICIPALITIES:
 The Municipalities are established up by the acts of state
legislatures.
 The Municipalities set for the administration of small cities and
towns.
 For the Union Territories the municipalities are set up by the acts of
the Parliament.
Municipality.
 The people in each ward elect a representative called Councilor.
 A Municipality consists of three different authorities.
 Council
 Chief Executive Officer / Municipal Commissioner
COUNCIL:
Municipality.
 The council is headed by a Chairman or President.
 The election of the Chairman is decided by the state legislature.
 If it is indirect election the Chairman is elected from among the

 The meetings of the council are presided over by the Chairman.
 The Mayor is assisted by the Vice-Chairman.
THE MUNICIPAL COMMISSIONER OR CHIEF EXECUTIVE

OFFICER:
 The Municipal Commissioner is appointed by the state government.
 The Municipal Commissioner is responsible for day to
administration.
NATIONAL HUMAN RIGHTS COMMISSION (NHRC):

 In the year 1993, the National Human Rights Commission was set
up through an ordinance issued by the President of India.
 The President of India promulgated the “Protection of Human

Rights Ordinance” on September 28, 1993.
 Later the Protection of Human Rights Bill, 1993 was passed by the
Parliament.
 The President gave assent on January 4, 1994.
 The act came into effect from September 28, 1993.
 The NHRC is not a Constitutional body, it is a statutory body.
 The NHRC was in conformity with the Paris Principles.
WHAT ARE PARIS PRINCIPLES?

 These are abroad set of principles agreed up on by a number of nations for
the promotion and protection of human rights.
 The convention was held in Paris in October 1991.
COMPOSITION:
 There is a Chairman and four other members.
QUALIFICATIONS:
 The Chairman should be a retired Chief Justice if India.
 One member should be serving or retired judge of the Supreme
Court.
 One member should be a serving or a retired Chief Justice of a High
Court
 Two persons with knowledge or practical experience with respect to

human rights.
EX-OFFICIO MEMBERS OF NHRC:

 The Chairman of National Commission for Women
 The Chairman of National Commission for SCs and STs
 The Chairman of the National Committee for Minorities
APPOINTMENT:
 The Chairman and other members are appointed by the President of
India.
 The President of India appoints the Chairman and other members on
the recommendation of six member committee consisting of
 The Prime Minister - Chairman
 The Speaker of the Lok Sabha
 The Deputy Chairman of the Rajya Sabha
 Leader of the opposition in the Lok Sbah
 Leader of the Opposition in the Rajya Sabha
 The Union Home Minister
 A sitting judge of the Supreme Court or a sitting Chief Justice of a
High Court can be appointed only after consultation with the Chief
Justice of India.
TERM:
 The term of office of Chairman and members is 5 years or until they

attain the age of 70 years whichever is earlier.
 After retirement the Chairman and members are not eligible for
further employment under the Central or State governments.
SALARY:
 The salary, allowances and other conditions of service of the
Chairman or a member are determined by the Central Government.
 The salary, allowances and other conditions of service cannot be
varied to their disadvantage after appointment.
REMOVAL:
 The Chairman and members of NHRC are removed by the President
on the grounds of proved misbehavior or incapacity.
 In this case the President must refer the case to the Supreme Court
for an inquiry.
 If the Supreme Court after the inquiry upholds the cause of removal
and advises so, then the President can remove the Chairman or a
member
FUNCTIONS OF NHRC:
 The NHRC intervenes in any proceeding involving allegation of
violation human rights pending before a court.
 The NHRC visits jails and detention places to study the living
conditions of inmates and make recommendation there on.
 The NHRC reviews the constitutional and other legal safeguards for
the protection of the human rights and recommend measures for
their effective implementation.
 The NHRC enquires into any violation of human rights or
negligence in the prevention of such violence by a public servant
either suo motto or on a petition presented to it.
 The NHRC reviews the factors including acts of terrorism that
inhibit the enjoyment of human rights and recommend remedial
measures.
 The NHRC undertakes and promote research in the field of human
rights.
 The NHRC spreads the human rights literacy among the people and
promote awareness of the safeguards available for the protection of
these rights.
 The NHRC undertake such other functions as it may consider
necessary for the promotion of human rights.
MISCELLANEOUS:
 The first chairman of NHRC was Justice Ranganath Mishra.
 The present Chairman of NHRC is Justice H L Dattu
UPSC 2004:
According to the National Human Rights Commission Act, 1993, who

amongst the following can be its Chairman?
(a) Any serving Judge of the Supreme Court

(b) Any serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court
NATIONAL COMMISSION FOR WOMEN:

 The NCW is the apex national level organization of India with the
mandate of protecting and promoting the interests of women.
 The Committee on the Status of Women in India (CSWI)
recommended the setting up of a National Commission for women
to fulfill the surveillance functions to facilitate redressal of
grievances and to accelerate the socio-economic development of
women.
 The National Commission for Women was set up as statutory body
in January 1992 under the National Commission for Women Act,
1990 to:
 review the Constitutional and Legal safeguards for women ;

 recommend remedial legislative measures ;
 facilitate redressal of grievances and
 Advise the Government on all policy matters affecting women.
 The NCW publishes a monthly called “Rashtra Mahila”.

 The First Commission was constituted on 31st January 1992 with
Mrs. Jayanti Patnaik as the Chairperson.
CONSTITUTION OF NCW:
 The NCW was constituted by the Central Government.
COMPOSITION:
 The Commission consists of a Chairperson and five other
members.
 A Chairperson, committed to the cause of women, to be nominated
by the Central Government.
and
 Five Members to be nominated by the Central Government from

amongst persons of ability, integrity and standing who have had
experience in law or legislation, trade unionism, management of an
industry potential of women, women’s voluntary organizations
(including women activist), administration, economic development,
health, education,socialwelfare
 Provided that at least one Member each shall be from amongst

persons belonging to the Scheduled Castes and Scheduled Tribes
respectively;
 A Member-Secretary to be nominated by the Central Government
who shall be an expert in the field of management,
organizational structure or sociological movement,
OR
 an officer who is a member of a civil service of the Union or of an

all-India service or holds a civil post under the Union with
appropriate experience
CENTRAL VIGILANCE COMMISSION (CVC):
 The Central Vigilance Commission was set up in February 1964.

 The CVC was set up on the recommendations of a Committee on
Prevention of Corruption.
 This committee was headed by K. Santhanam.
 The CVC is an autonomous body created by the central government.
 The CVC is located in New Delhi.
 The first Chief Vigilance Commissioner was Nittoor Srinivasa Rau.
 The present CVC is K V Chaudhary
Appointment:
 The CVC and other vigilance commissioners are appointed by the
President of India.
 The President is recommended by a 3 member committee consists
of
 The Prime Minister – Chairman
 The Union Home Minister – Member
 The Leader of Opposition in Lok Sabha – Member
REMOVAL:
 The Central Vigilance Commissioner or any Vigilance

Commissioner shall be removed from his office only by order of the
President on the ground of proved misbehavior
 or
 incapacity
 after the Supreme Court, on a reference made to it by the President,
has, on inquiry, reported that the Central Vigilance Commissioner
or any Vigilance Commissioner, as the case may be, ought on such
ground be removed.
 The President may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the Central
Vigilance Commissioner or any Vigilance Commissioner in respect
of whom a reference has been made to the Supreme Court until the
President has passed orders on receipt of the report of the Supreme
Court on such reference.
 The President may, by order, remove from office the Central
Vigilance Commissioner or any Vigilance Commissioner if the
Central Vigilance Commissioner or such Vigilance Commissioner,
as the case may be:
FUNCTIONS:
 The CVC is not an investigating agency.
 The CVC either gets the investigation done through the Central
Bureau of Investigation or through the Departmental Chief
Vigilance Officers.
 The only investigation carried out by the CVC is that of examining
Civil Works of the Government which is done through the Chief
Technical Officer.
 Corruption investigations against government officials can proceed

only after the government permits them.
 The CVC publishes a list of cases where permissions are pending,
some of which may be more than a year old.
ZONAL COUNCILS:
 The idea of Zonal Councils was first initiated by the first Prime
Minister of India Jawaharlal Nehru in the year 1956.
 Nehru proposed that country can be divided into 4 or 5 zonal
councils.
 The idea was to minimize the hostilities among the people and to
create a healthy inter-state environment with a view to solve inter-
state problems and fostering balanced socio economic development
of the respective zones.
 Five Zonal Councils were set up in the year 1956.
 The Zonal Councils have been established by the States
Reorganization Act.
 The purpose is to advice on matters of common interest to each
zone.
 The Zonal Councils discuss matters of common concern to the

states and territories comprised in each zone such as
Economic Planning
Social planning
Border disputes
Inter-state transport
Matters arising out of the reorganization of states and the like
To give advises to the states concerned
 The Union Home Minister is the Chairman for all the Zonal
Councils.
 The Chief Minister of the concerned state is the Vice Chairman of
the Zonal council on rotation.
 Each Zonal Council consists of the Chief Minister and two other
ministers of each of the states in the zone and the administrator in
the case of a Union Territory.
 There is also a provision of holding joint meeting of 2 or more
Zonal councils.
FIVE ZONAL COUNCILS:

Northern Zonal Council: Haryana, HP, J&K, Punjab, Rajasthan,
Delhi and Chandigarh.
The central Zonal Council: Chhattisgarh, Uttaranchal, UP and MP.
The Eastern Zonal Council: Bihar, Jharkhand, Orissa, Sikkim and
West Bengal.
NOTE: Sikkim was excluded from the eastern council in the year
2002.
The Western Zonal Council: Goa, Gujarat, Maharashtra, Daman and

Diu, Dadra and Nagar Haveli.
The Southern Zonal Council: AP, Karnataka, Kerala and Tamil
Nadu and Pondicherry.
 The North –eastern states Assam, Arunachal Pradesh, Manipur,

Mizoram, Meghalaya, Tripura and Nagaland are not included in the
Zonal Councils.
 North east Council was set up in the year 1972.
 Sikkim was included in the North East council in the year 2002.
 Sikkim was excluded from the eastern council since 2002.
 The Union Home Minister is the Chairman for all the zonal
Councils.
 The Chief Minister of the concerned state where the meeting is led
acts as the Vice Chairman on rotation.
INTER STATE COUNCIL:

 Article 263 mentions about the establishment of Inter State Council.
 The interstate council is meant for the coordination between the
states and between the states and the central government.
 Establishment:
 The President of India establishes the interstate council.
 The President can define nature of the duties of the interstate
council.
 Article 263 specifies the duties that can be assigned to the interstate
council.
 The interstate council enquires into the disputes that arise between
the states.
 The interstate council advices upon such disputes between the states.
 The interstate council investigates and discusses the subjects in

which the states or the centre and the states have a common interest.
 The interstate council makes the recommendations upon any such
subject and particularly for the better coordination and action on it.
 NOTE: Under Article 131 of the Indian Constitution the Supreme
Court decides a legal controversy between the governments.
 But, the interstate council deals with a legal or non legal
controversy.
 The advice of the interstate council is advisory in nature and not
binding.
 Whereas the direction given by the Supreme Court is binding in
nature.
 Under Article 263 of the Indian Constitution the President has
established
 Central council of health
 Central council for Local government and urban development.
 Four regional councils for sales tax for Northern, Eastern,
Western and Southern Zones.
 The Sarkaria Commissin on centre-state relations recommended for
the establishment of a permanent interstate council.
 The Sarkaria commission also recommended that the interstate
council must be called inter-governmental council.
 In the year 1990 following the recommendations of the Sarkaria
Commission the Janata Dal government under the Prime Minister
ship of V P Singh established the interstate council.
 The interstate council consists of
The Prime Minister – Chairman
Chief Ministers of all the states
Chief Ministers of Union Territories with legislative Assemblies (Delhi
and Pondicherry)
Administrators of Union Territories without legislative assemblies

6 Cabinet Ministers including the Home Minister nominated by the Prime
Minister.
The Ministers of State in the Central government may be invited to the
meetings when any item relating to their ministry is discussed.
The most important function of the interstate council is coordination.
The interstate council meets at least 3 times a year.
DELIMITATION COMMISSION:
 Article 82 of the Indian Constitution empowers the Parliament to

enact a Delimitation act after every census.
 After the enactment the Central Government constitutes the
Delimitation Commission.
 The Delimitation commission of India is also called the Boundary
commission of India.
 The main function of the commission is to redraw the boundaries of
the assemblies and Lok Sabha constituencies based on the recent
census.
 The representation from each state is not changed during this
exercise.
 However, the number of SC and ST seats in a state are changed in

accordance with the census.
 The orders of the Delimitation Commission cannot be challenged in
a court of law.
 The orders are laid before the Lok Sabha and the respective State
Legislative Assemblies.
 However, modifications are not permitted.
 Delimitation commissions have been set up four times so far.
 1st time in 1952, under the Delimitation Commission act of
1952.
 2nd time in 1963, under Delimitation Commission act of 1962
(the commission was headed by Mr J L Kapur retired Judge of
Supreme Court, includes Mr C P Sinha a retired CJ of the Assam
High Court and Mr K V N Sundaram Chief Election
Commissioner as the ex-officio member. The Act was passed in
December 1962. The Act was not applicable to Jammu and
Kashmir and Nagaland).
 3rd time in 1973, under Delimitation Commission act of 1972
 4th time in 2002 under Delimitation Commission act of 2002.
 The government had suspended delimitation in 1976 until after the
2001 census so that states' family planning programmes would not
affect their political representation in the Lok Sabha.
 This had led to wide discrepancies in the size of constituencies, with

the largest having over three million electors, and the smallest less
than 50,000.
DELIMITATION COMMISSION OF 2002
 The last delimitation commission was set up on July 12, 2002 after
the 2001 census.
 The Chairman was Justice kuldeep singh, a retired Judge of the
 The Commission has submitted its recommendations.
 In December 2007, the Supreme Court of India on a petition issued
notice to the central government not to implement the
recommendations of the Delimitation Commission.
 On January 4, 2008, the Cabinet Committee on Political Affairs
headed by the Prime Minister decided to implement the order from
the Delimitation commission.
 The recommendations of the delimitation commission were
approved by the President, Pratibha Patil on February 19, 2008.
 From that day onwards all the future elections in India for states
covered by the commission will be held under the newly formed
constituencies.
 The assembly elections in Karnataka which were conducted in
three phases in May 2008 are the first one to use the new
boundaries as drawn by the 2002 delimitation commission.
 The Constituencies reserved for Scheduled Castes in Parliament has

been increased from 79 to 84 after the delimitation of the
constituencies in the year 2008.
 Similarly the number of seats reserved for Scheduled Tribes has
increased from 41 to 47.
LOKPAL:
 Sweden was the first country in the World to create the institute of
Ombudsman in the year 1809.
 Note: Ombudsman is a Swedish word, it means a person who acts
as the representative or spokesman of another person.
 This is the first democratic institute that was set up for the redressal
of citizen grievances.
 Later similar type of Institutions were set up in
 Finalnd – 1919
 Denmark – 1955
 Norway – 1962
 New Zealand – 1962
 United Kingdom - 1967
 In New Zealand the Ombudsman is called Parliamentary
Commissioner.
 New Zealand is the first common wealth country to have adopted
the Ombudsman.
 In United Kingdom also the institution is called Parliamentary

Commissioner.
 In India the Ombudsman is called Lokpal / Lokayukta.
 India is yet to create the Lokpal institution.
 The word lokpal was coined by L M singhvi in the year 1963.
 Lokpal means protector of the people.
 In India Lokpal was first recommended by ARC (Administrative
Reforms Commission, 1966 – 1970).
 The ARC was headed by Morarji Desai (Former Prime Minister of
India, 1977 – 1979).
 The ARC recommended that two Institutions called
Lokpal/Lokayukta to be set up.
 These two institutions are meant for the redressal of citizens
grievances.
 The idea is that the Lokpal would deal with the complaints against
ministers and secretaries at the central and state levels.
 The Lokayuktas one at the central level and one each at the state
level would deal with complaints against other specified higher
officials.
 The ARC recommended that judiciary should be out of the purview
of Lokpal and Lokayukta.
 Note: In New Zealand the Judiciary is kept of the purview of the
Parliamentary Commissioner.
 ARC recommended that the Lokpal would be appointed by the

President of India after consultation with the Chief Justice of India,
the Speaker of Lok Sabha and the Chairman of Rajya Sabha.
LOKAYUKTA:
 The Lokayukta was first recommended by Administrative reforms
Commission (ARC) in the year 1968.
 The Lokayukta was recommended along with the Lokpal.
 The debate for the establishment of strong Lokpal is still going on
in India.
 But, many states have already created Lokayuktas at the state level.
 Odisha (Orissa) was the first state in the country to pass the
Lokayukta act in the year 1970.
 But, the Lokayukta was established in Odisha (Orissa) in the year
1983.
 Maharashtra was the first state to establish Lokayukta in the year
1971.
 Some states like Andhra Pradesh, Karnataka, Maharashtra and
Rajasthan have established Lokayukta and Upalokayuktas.
 Other states like Bihar, Himachal Pradesh and Uttar Pradesh have
created only Lokayuktas.
APPOINTMENT:
 The appointment procedures vary from state to state.

 The Lokayukta is appointed by the Governor.
 The Governor consults Chief Justice of High Court and the Leader
of opposition in the state assembly. (This is not same in all the
states).
QUALIFICATIONS:
 The qualifications also vary from state to state.
 In states like Andhra Pradesh, Assam, Karnataka, Gujarat, Odisha,
Uttar Pradesh judicial qualifications have been mentioned.
 In states like Bihar, Maharashtra and Rajasthan no specific
qualifications are mentioned.
TERM:
 The term is 5 years or till he attains the age of 65 years whichever
is earlier.
 Note: This is followed in most of the states.
JURISDICTION:
 In states like Andhra Pradesh, Karnataka etc the Chief Minister is
also included in the purview of Lokayukta.
 In almost all the states ministers and higher civil servants are
included.
 In states like Andhra Pradesh, Gujarat, Himachal Pradesh etc the
members of State Legislature are included.
REPORT:
 The Lokayukta presents the annual report to the Governor.
 The Governor places the report along with an explanatory
memorandum before the state legislature.
 The Lokayukta is responsible to the State Legislature.
 Recommendations:
 The recommendations made by the Lokayukta are advisory in
nature.
 The recommendations are not binding on the state government.
PANCHAYATI RAJ:
 Article 40: The state shall take steps to organize village panchayats
and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.
 The Village Panchayat was a unit of local administration since the
British early days.
 The Bengal Local self-government Act, 1885, the Bengal Village
Self-Government Act, 1919 and the Bengal Municipal Act, 1884 are
the different enactments during the initial days.
 The Government of India Act, 1935 the power to enact legislation
was specially given to the provincial legislatures.
 Note: Village Panchayat was present in the Provincial Legislative

List.
 With this many provinces enacted laws vesting power pf
administration, including criminal justice in the hands of
panchayats.
 The Panchayati Raj is the Rural Local Self Government.
 ‘Local Government’ is mentioned in the State list of 7th schedule
of the Indian Constitution.
 The Panchayati Raj was not a part of the original Constitution.
 The Panchayati Raj was made a constitutional body through the 73rd
amendment Act of 1992.
 Later the Panchatys have started functioning in most of the state.
 The government has launched Community Development
Programme (CDP) in the year 1952.
 The government has launched National Extension Service (NES)
in the year 1953.
BACK GROUND OF THE CONSTITUTIONAL STATUS OF THE

PANCHAYATI RAJ:
 In January 1957 the Government of India appointed Balwant Rai
Mehta Committee (B R Mehta Committee).
 The B R Mehta Committee was appointed to examine the working

of the Community Development Programme and the National
Extension Service.
 The B R Mehta Committee submitted the report in November 1957.
 The B R Mehta Committee recommended the establishment of the
scheme of ‘Democratic Decentralization” which ultimately came
to be known as Panchayati Raj.
 The recommendations were accepted by the National Development
Council in January 1958.
 Rajasthan was the first state to establish the Panchayati Raj in India
on October 2, 1959.
B R MEHTA COMMITTEE RECOMMENDATION:

 B R Mehta Committee recommended for the establishment of 3-tier
structure Panchayati Raj system.
 Gram (village) Panchayat - Village Level
 Panchayati Samiti - Block Level
 The Village Panchayat should be constituted with directly elected
representatives.
 The Panchayat Samiti should be constituted with indirectly elected
members.
 The Zilla Paridhad also to be constituted with indirectly elected

members.
 All the planning and development activities should be entrusted to
the panchayati raj bodies.
 The Panchayati Samiti should be the executive body.
 The Zilla parishad should be the advisory, coordinating and
supervisory body.
 The District Collector should be the Chairman of the Zilla Parishad.
 There should be a genuine transfer of powers and responsibility to
these democratic bodies.
 These bodies should be transferred with adequate resources.
 A system should be evolved for the further devolution of authority
in future.
 The National Development Council (NDC) accepted the
recommendations in January, 1958.
 The NDC said that the basic principles should be identical
throughout the country.
 WHICH IS THE FIRST STATE TO ESTABLISH

PANCHAYATI RAJ?
 The scheme of Panchayat Raj was first established in

Rajasthan.
 In Rajasthan the scheme was inaugurated by Jawahar Lal Nehru

(then Prime Minister if India) on October 2, 1959.
 Thus, the Nagaur district of Rajasthan became the first in India that
initiated the Panchayati Raj.
 Andhra Pradesh became the 2nd state to introduce the Panchayati
Raj.
 In Andhra Pradesh it was introduced on November 1, 1959.
 Later the Panchayati raj system was adopted by many states.
 There were many differences among the states in the structure and
function of the panchayati Raj.
 The states like Rajasthan and Andhra Pradesh adopted 3 tier
systems.
 The state, West Bengal adopted 4 tier system.
 The states, Tamil Nadu adopted the 2 tier system.
 Some states made the Panchayati Samiti powerful (Rajasthan and
Andhra Pradesh).
 Some stated made the Zill Parishad powerful (Gujarat and
Maharashtra).
 Some states also established Judicial Panchayats called Nyaya
Panchayats to try petty civil and criminal cases.
ASHOK MEHTA COMMITTEE:

 In almost all the states the Panchayti Raj system could not achieve
the desired results.
 In December 1977, the Janata Party Government headed by the
Prime Minister Morarji Desai appointed a committee on Panchayati
Raj institutions.
 Ashok Mehta was the chairman of the committee.
 This committee is also called Ashok Mehta Committee.
 The Ashok Mehta Committee submitted the report in August 1978.
 To strengthen the Panchayati Raj system the Ashok Mehta
Committee made 132 recommendations.
 The Ashok Mehta Committee recommended that 2 tier structure
should be established.
 Note: 3 tier structure should be replaced with the 2 tier structure.
 Mandal Panchayat - Mandal Level
 Mandal Panchayat is a group of villages with a population of 15,000
to 20,000.
 A district should be the first point for decentralization under popular
supervision below the state.
 The Zilla Parishad at the district level should be the executive body.
 The Zilla Parishad must be made responsible for planning at the

district level.
 There should be an official level participation of political parties at
all levels of Panchayat elections.
 The Panchayati Raj must have compulsory powers of taxation to
mobilize their own financial resources.
 There should be a regular social audit by a district level agency and
by a committee of legislatures to check whether the funds allotted
for the vulnerable social and economic groups are actually spent on
them or not.
 The State governments should not supersede the Panchayati Raj
Institutions.
 In case of super session elections should be held within 6 months.
 The Nyaya Panchayats should be presided over by a qualified judge.
 The Nyaya Panchayat should be kept as a separate body.
 The chief electoral officer in consultation with the chief election
commissioner should conduct elections of the Panchayat Raj.
 A Minister for panchayat Raj should be appointed.
 Seats for Scheduled caste and scheduled tribes should be reserved
on the basis of their population.
NOTE: No action was taken on the recommendations of the Ashok Mehta

Committee report as the Janata Party government was collapsed before the
term.
GVK RAO COMMITTEE:

 In the year 1985 the Planning Commission appointed a committee
on Administrative Arrangement for Rural Development and Poverty
Alleviation Programme.
 This committee was headed by G V K Rao.
 The G V K Rao committee observes that the development process
was gradually bureaucratized and divorced from Panchayati Raj.
 According to the G V K Rao committee this phenomenon weakened
the Panchayati Raj institutions and is called ‘Grass without Roots”.
 The committee recommended for the revitalization of the entire
Panchayati Raj system.
 This committee recommended for the reduction of the role of the
district collector in the development.
L M SINGHVI COMMITTEE:
 In the year 1986 then Prime Minister Rajiv Gandhi appointed a
committee on “Revitalization of Panchayati Raj Institutions for
Democracy and Development”.
 L M Singhvi was the Chairman of the committee.
 The L M Singhvi committee recommended that the Panchayati Raj

institutions should be constitutionally recognized, protected and
preserved.
 The committee recommended that a new chapter should be added to
the Constitution for the same purpose.
 The L M Singhvi Committee also suggested for the constitutional
provisions to ensure regular, free and fair elections to the Panchayati
Raj bodies.
*****
 After the recommendations of the above committees, then Prime
Minister Rajiv Gandhi made a first attempt to provide the
constitutional status to the Panchayati Raj bodies.
 In July 1989, the Rajiv Gandhi Government introduced 64th
Constitutional amendment bill.
 The 64th amendment bill was introduced in the Lok sabha:
 Note: A constitutional amendment bill can be introduced either in
Lok Sabha or in Rajya Sabha.
 This amendment is meant for providing the constitutional status to
the Panchayati Raj institutions.
 The Lok sabha passed the bill in August 1989.
 Note: An amendment bill must be passes with the special majority.
 The bill was opposed in the Rajya Sabha on the grounds that it
sought to strengthen centralization in the federal system.
 The bill was not passed in the Rajya Sabha.
 The 64th amendment bill was lapsed.
 NOTE: A constitutional amendment bill must be passed in both the
houses of the Parliament separately with a special majority.
 ALSO NOTE: There is no provision of Joint sitting in case of
disagreement on a Constitutional amendment bill.
 Thus the first attempt was failed and the Panchayati Raj could not
be included in the Constitution.
*****
 In the year 1989 National Front government was formed at the
Central level.
 Vishwanath Pratap Singh was appointed as the Prime Minister of
India.
 In the month of November 1989, the then Prime Minister V P Singh
announced that the steps to strengthen the Panchayati Raj would be
taken.
 In September 1990 a constitutional amendment bill was introduced
in the Lok Sabha.
 The fall of government in the year 1991 resulted in the fresh
Parliamentary election.
 This led to lapse of the bill.
*****
 After the elections of 1991 P V Narasimha Rao was appointed as the
Prime Minister of India.
 Note: During the election campaign on May 21, 1991 Rajiv Gandhi
was brutally assassinated.
 The Congress government (P V Narasimha Rao) considered the
matter of constitutionality for the panchayati Raj institutions.
 The controversial aspects were removed from the bill.
 The bill was introduced in the form of 73 rd constitutional
amendment bill.
 The 73rd constitutional amendment bill was introduced in the Lok
Sabha in September 1991.
 The bill was passed by the Lok Sabha on December 22, 1992.
 The bill was passed by the Rajya Sabha on December 23, 1992.
 The bill was approved by the 17 state assemblies.
 Note: A constitutional amendment bill related to the federal powers
must get the consent of at least half the state with simple majority.
 The bill received the assent of the President (Shankar Dayal
Sharma) on April 20, 1993.
 This amendment provided the constitutional status to the Panchayati
raj institutions.
 This became the 73rd Constitution amendment Act, 1992.
 This came into force on April 24, 1993.
SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992

 This act added Part-IX to the Constitution.
 This act also added new article from 243A to 243O (English
alphabet ‘O”).
 Note: This means 243A, 243B, 243C …243O.
 The 73rd amendment act also added 11th schedule to the Constitution
of India.
NOTE: THE ORIGINAL CONSTITUTION CONTAINS

ONLY 8 SCHEDULES.
 9th schedule was added through the 1st amendment in the

year 1951.
 9th schedule is related to the land reforms.
 10th schedule is added in the year 1985 through the 52 nd
amendment.
 10th schedule is related to the Anti-Defection law.

 The state governments are under the constitutional obligation to
adopt the new Panchayati Raj system.

 The provisions of the Constitution are divided into 2 categories.
Compulsory (Obligatory) provisions
Voluntary Provisions
 The compulsory provisions of the act have to be included in the state
laws creating the new Panchayati Raj system.
 The voluntary provisions may be included at the direction of the
states.
 GRAM SABHA:
 All the adult members are in the village is the Gram Sabha.
 This means that all the persons registered in the electoral rolls of a
village is the Gram Sabha.
 This is a village assembly consisting of all the registered voters in a
Village Panchayat.
 The Gram Sabha at the village level functions as determined by the
state legislature.
 3-Tier system:
 The act provides for the establishment of a 3-tier panchayati Raj
structure at the state level to bring the uniformity throughout the
country.
 Village Level - Village Panchayat
 Mandal Level (intermediate) - Mandal Panchayat
 But, a state with a population not exceeding 20 Lakh may not

constitute Mandal Panchayat.
 Note: It means the states with a population less than 20 lakh may
constitute only Village Panchayat and Zill Parishad.
 ELECTIONS:
 All the members of the Panchayats at all levels
 Village
 Mandal
 District
 Shall be elected directly by the people.
 In this way representative democracy was introduced at the grass
root level.
 The manner of election Chair person at the village level (Sarpanch
or President) is determined by the state legislature.
 The chair persons of Mandal Panchyat (Madal President) and Zill
Parishad (Chairman) shall be elected indirectly from amongst the
elected members.
 Entire District (Zilla) is divided into number of ZPTCs (Zilla
Parishad Territorial Constituencies).
 A ZPTC is directly elected by the people.
 The directly elected ZPTCs from amongst them elect the chairman
of Zilla Parishad.
 Similarly each Mandal is divided into MPTCs (Mandal Parishad

Territorial Constituencies).
 An MPTC is elected directly by the people.
 The President of Mandal is elected by the MPTCs from amongst
themselves.
 Hence, except the ZP chairman and the Mandal President all the
members in the Panchayats are elected directly.
 RESERVATION OF SEATS:
 Article 243 D provides the reservation of seats for SCs and STs.
 The Scheduled Caste and Scheduled Tribes are provided with the
reservation of seats at all the three levels in proportion to their
population.
 The state legislature shall provide for the reservation of offices of
the Chairpersons in the Village panchayat or any other level for SCs
and STs.
 The women are provided with the reservation at all the three levels.
 Not less than the 1/3rd of the total number of seats shall be reserved
for women.
 Note: 110th amendment act increased the reservation for women
from 1/3rd to ½ at all levels. (Increased from 33% to 50%)
 This includes seats reserved for women belonging to SCs and STs).
 Further not less than 1/3rd of the total number of offices of

chairpersons in the panchayats at each level shall be reserved for
women.
 The act also authorizes the state legislatures to make any provision
for reservation of seats in any panchayat or offices of chairpersons
in the Panchayat at any level in favour of backward classes.
 TERM OF PANCHAYATS:
 The term of office at each level is 5 years.
 The office can be dissolved earlier before the completion of the term
in accordance with the procedure prescribed by state law.
 In case of dissolution election should be conducted before the expiry
of the 6 months from the date of dissolution.
 A Panchayat that is reconstituted after premature dissolution shall
continue only for the remainder of the period.
 Fresh election to the panchayats can be conducted before the expiry
of the term of 5 years.
 Qualifications:
 Article 243 F provides that all persons who are qualified to be
chosen to the state legislature shall be qualified to be chosen as a
member of a panchayat.
 A person who attained the age of 21 years is eligible to contest in
the Panchayat elections.
 Note: In case of state assembly it is 25 years.
 DISQUALIFICATIONS:
 If a person is disqualified under any law for the time being in force
for the purpose of elections to the legislature of the state concerned.
 If a person is disqualified under any law made by the state
legislature.
 No person can be disqualified on the grounds that he is less than 25
years of age if he has attained the age of 21 years.
 All questions of disqualifications shall be referred to such authority
as the state legislature determines.
 POWERS, AUTHORITY AND RESPONSIBILITIES OF
PANCHAYATS:
 Artcile 243G-243H: State legislatures confer on the panchayats such
powers and authority as may be necessary to enable them to function
as institutions of self government.
 The panchayats may be entrusted with the responsibilities of
 Preparing plans for economic development and social justice
 Implementation of schemes for economic development and social
justice.
 With regard to the subjects that are mentioned in the 11 th schedule
of the Indian Constitution. (29 items).
 Thus the 11th schedule distributes powers between the state
legislature and panchayats.
 Note: the 7th schedule distributes the powers between the Union and
the State legislatures.
POWERS OF PANCHAYATS TO IMPOSE TAXES AND

FINANCIAL RESOURCES:
 State legislature may authorize the panchayats to levy, collect and
appropriate taxes, duties, tolls etc.
 The state legislature can also assign to a panchayat various taxes,
duties etc collected by the state government.
 From the Consolidated Fund of the State Grants-in-aid may be given
to the Panchayats.

 The State Finance Commission is constituted by the Governor every
5 years.
 The states were given 1 year time from April 24, 1993 and
afterwards every 5 years the state government shall appoint a
Finance Commission to review the financial position of the
Panchayats and to make recommendations.
 The state finance commission recommends about the division of net
proceeds of taxes, duties, tolls and fees leviable by the state may be
divided between the state government and the Panchayats and how
allocation would be made among various levels of Panchayats.
 The State Finance Commission also recommends about the grants-

in-aid to be given to the panchayats.
 The State finance Commission submits the report along with the
memorandum of action taken on it to the Governor.
 The report of the Finance Commission along with a memorandum
of action taken on it is laid before the state legislature by the
Governor.
AUDITING OF PANCHAYAT ACCOUNTS:
 The provisions are made by the state legislature with respect to the
maintenance of accounts by the panchayats and the auditing of such
accounts.
STATE ELECTION COMMISSION:

 Article 243K provides for the constitution of a state Election
Commission consisting of a State Election Commissioner.
 The State Election Commission is vested with the responsibilities of
 Superintendence
 Direction
 Control of elections to the panchayats

 Preparation of electoral rolls
 The State Election Commissioner can be removed in the same
manner and on the same grounds as a judge of a High Court.
 The State Legislature has the power to legislate on all matters
relating to elections to panchayats.
 As per Article 329 courts shall have no jurisdiction to examine the
validity of a law relating to delimitation of constituencies or the
allotment of seats made under Article 243K.
 An election to a panchayat can be called in question only by an
election petition which should be presented to such authority and in
such manner as may be prescribed by or under any law made by the
state legislature.
MISCELLANEOUS:
The President may direct the provisions of this act shall apply to any
Union Territory subject to such exceptions and modifications as he
specifies.
The 73rd amendment act is not applicable to the states of Jammu and
Kashmir, Meghalaya, Mizoram, Nagaland etc.
The act is also not applicable to Scheduled areas and tribal areas.
Note: Tribal areas are the autonomous districts.
The act is also not applicable to the hill area of Manipur for which a
district council exists.
Also not applicable to Darjeeling district of West Bengal for which

Darjeeling Goorkha Hill council exits.
ITEMS IN THE 11TH SCHEDULE OF THE INDIAN
CONSTITUTION:
 Agriculture, including agricultural extension.
 Land improvement, implementation of land reforms, land
consolidation and soil conservation.
 Minor irrigation, water management and watershed
development.
 Animal husbandry, dairying and poultry.
 Fisheries
 Social forestry and farm forestry
 Minor forest produce
 Small Scale industries, including food processing industries
 Rural housing
 Drinking water
 Fuel and fodder
 Roads, culverts, bridges, ferries, water ways, and other means
of communication
 Rural electrification, including distribution of electricity
 Non conventional energy sources
 Poverty alleviation programme
 Education, including primary and secondary schools

 Technical training and vocational education
 Adult and non-formal education
 Libraries
 Cultural activities
 Markets and fairs
 Health and sanitation including hospitals, primary health centers
and dispensaries
 Family welfare
 Women and child development
 Social welfare, including the welfare of the handicapped and
mentally retarded
 Welfare of the weaker sections and in particular of the scheduled
castes and the scheduled tribes
 Public distribution system
 Maintenance of community assets
MISCELLANEOUS:
 Maharashtra is the 1st state in the country to provide 33 percent
reservation to women in the local bodies in the early 1990’s. (during
the Chief Ministership of Sharad Pawar ).
 Bihar is the first state to provide 50 percent reservation for women
in the local bodies.
MUNICIPALITIES:
 The Municipalities are the Local self government units in the urban
areas.
 The urban local self government is nothing but governance of an
urban area by the people through their elected representatives.
 Local government is a state subject under the 7 th schedule of the
Constitution.
 Hence it is the state that makes the legislations related to the local
self governments.
 The Part IXA of the Constitution contains the Municipalities.
 Some of the provisions are similar to those present in the part IX
(Panchayati Raj) of the Constitution like reservation of seats, State
Finance Commission and the State Election Commission.
 The Municipalities are included in the Constitution through the 74th
amendment act of 1992.
 The Municipalities are mentioned in the 12th Schedule of the
Constituiton.
 The Articles from 243 P to 243 ZG are related to Municipalities.
BACKGROUND:
 The 1st Municipal Corporation in India was set up in the year 1687,
in Madras.
 In the year 1726 municipal corporations were set up in Bombay and

Calcutta.
 In the year 1882, the viceroy of India Lord Rippon issued a
resolution of Local Self government.
 This resolution issued by Lord Rippon is considered as the ‘Magna
Carta’ of the local self government.
 This influenced the development of local self-government in India
up to 1947.
 Lord Rippon is called the ‘Father of Local Self Government” in
India.
CONSTITUTIONAL STATUS TO MUNICIPALITIES:

 After the commencement of the Constitution for the first time in the
year 1989 the then prime Minister of India made an attempt to
provide the constitutional status to the Municipalities.
 In August 1989, 65th Constitutional amendment bill also called
Nagar Palika bill was introduced in the Parliament.
 The Nagar Palika bill aimed at strengthening and revamping the
Municipalities by conferring a constitutional status to them.
 The Nagar Palika was passed in the Lok Sabha.
 But the Nagar Palika bill was rejected by the Rajya sabha in October
1989.
NOTE: A Constitutional amendment bill must be passed separately by

both the houses of the Parliament with a special majority.
 Hence the Nagar Palika bill was lapsed.

 Later V P Singh became the Prime Minister of India.
 The National Front government introduced the revised Nagar Palika
bill in the Lok Sabha in September 1990.
 The Lok Sabha was dissolved in the year 1991.
 Hence the Nagar Palika bill was also lapsed.
 In the year 1991 P V Narasimha Rao became the Prime Minister of
India.
 In September 1991 the 74th Constitutional amendment bill was
introduced in Lok Sabha.
 The amendment bill was passed by both the houses of the Parliament
in December 1992.
 Later the bill was approved by the half number of the states with a
simple majority.
 The bill was given the consent by the President in April 1993.
 Thus the 74th constitutional act of 1992 came into existence and
provided the constitutional status to the Municipalities.
74TH AMENDMENT ACT:

 The 74th amendment acts aimed at strengthening and revitalizing the
municipality system.
 A new part IX-A has been added to the Constitution.
 This came into force on June 6, 1993.
 This part is entitles as ‘Municipalities’.
 This consists of provisions from articles 243 P to 243 ZG.
 The act also added 12th schedule to the constitution.
 The 12th schedule consists of 18 items.
 With this the state governments are under obligation to adopt the
new system of municipalities in accordance with the provisions of
the act.
KINDLY NOTE: Most of the points related to the 73rd and 74th
amendment acts are similar. Please pay attention while reading.
SALIENT FEATURES OF THE 74TH AMENDMENT ACT:

 The act created 3 types of municipalities.
 Nagar Panchayat
 Municipal Council
 Municipal Corporation
 Article 243Q makes it obligatory for every state to constitute such

units.
 But, an urban area where the industrial establishments are provided
the Governor of the state may specify that area to be an industrial
township.
 An industrial township need not constitute a Municipality.
 Nagar Panchayat is a transitional area. It means an area in transition
from a rural area to an urban area.
 Municipal council is a smaller urban area.
 A Municipal Corporation is a larger urban area.
 To conduct elections at regular intervals entire municipal area is
divided into wards.
 The members of a municipality shall be elected directly by the
people.
 The legislature of a state may by law provide for representation in
municipality
 With persons of special knowledge or experience in Municipal
administration
 Members of Lok sabha – representing the constituency of that

area.
 Members of Rajya Sabha – registered as an elector in the
municipal area.
 Members of State Assembly - representing the constituency of
that area.
 Members of Legislative Council – registered as an elector in the
municipal area.
 The chairpersons of committees other than ward committees.
COMMITTEES:
 The ward committees can be constituted consisting of 1 or more
wards within the territorial area of the Municipality having a
population of 3 lakh or more.
 The composition of the ward committees and the manner in which
the seats are to be filled up is decided by the state legislature.
 In addition to the ward committees other committees can also be
constituted by the state legislature by a law.
RESERVATION OF SEATS:
 The 74th amendment act provides for the reservation of seats for the
Schedules Castes and Scheduled Tribes in every Municipality in
proportion of their population.
 Out of the total number of seats to be filled by direct election at least

1/3rd seats would be reserved for women, including the number of
seats reserved for the women belonging to SC and ST.
 Note: 112th amendment act increased the reservation for women in
Municipalities from 1/3rd to ½ at all levels. (Increased from 33% to
50%)
 The reservation of backward classes may be provided by the state
legislature.
 The state legislature may provide for the manner of reservation of
offices of chairpersons in the municipalities for SCs and STs and
women.
 The state legislature may also provide reservation of offices of the
chairpersons’ in municipalities for the backward classes.
TERM:
 The term of every municipality is 5 years.
 A Municipality may be dissolved earlier according to law.
 Elections to constitute a Municipality shall be completed before the
expiry of the period of 5 years.
 If a Municipality is dissolved earlier the elections must be conducted
within 6 months of the dissolution.
 A Municipality constituted after its dissolution shall continue only
for the remainder of the term.
 If the remainder period is less than 6 months it shall not be necessary

to hold elections.
QUALIFICATIONS:
 Article 243V lays down that all the persons who are qualified to be
chosen to the state legislature shall be qualified for being a member
of a Municipality.
 The persons who have attained the age of 21 years will be eligible
to be a member.
 Note: All the questions of disqualification shall be referred to such
authority as the state legislature determines.
THE STATE ELECTION COMMISSION:

 Under Article 243 K the State Election Commission is appointed.
 The State Election Commission shall have the power of
superintendence, direction and control of the preparation of the
electoral rolls (voters list), and to conduct the elections for the
Municipalities.
 All matters relating to the elections to the Municipalities are
regulated by the state legislature by law.
 The State Election Commission conducts the elections to both
Municipalities and Panchayats.
 The State Election Commissioner is removed in the same manner
like that of a High Court Judge.
POWERS, AUTHORITY AND RESPONSIBILITIES:

 As per Article 243W of the Constitution state legislatures have been
conferred the power to confer on Municipalities all such powers and
authority as may be necessary to enable them to function as
institutions of self government.
 To prepare plans for economic development and social justice
 Implementation of schemes as may be entrusted to them
 Other matters related to the items listed in the 12th schedule of the
 Financial Functions:
 A state legislature may by law authorize a Municipality to levy,
collect, and appropriate taxes, duties, tolls etc.
 The state legislature can also assign to a Municipality various
taxes, duties etc collected by the state government.
 On the recommendation of the State Finance Commission state
government gives the Grants-in-aid to the Municipalities from the
Consolidated Fund of a State.

 The State Finance Commission is appointed under article 243 – I of
 The State Finance Commission reviews the financial position of

both Municipalities and Municipalities.
 The State Finance Commission recommends about
 The distribution of taxes, duties, tolls and fees leviable by the state
government may be divided between the state and the
Municipalities.
 Grants-in-aid to be given to the Municipalities.
 The measures needed to improve the financial position of the
Municipalities.
SOURCE OF INCOME TO THE MUNICIPAL CORPORATIONS:

 Property Tax
 Entertainment Tax
 Octroi (now abolished in most of the cities)
OTHER COMMITTEES UNDER THE 74TH AMENDMENT ACT:

 The 74th amendment act also provided for the establishment for the
 District Planning Committee
 Metropolitan Planning Committee.
DISTRICT PLANNING COMMITTEE:

 Under Article 243 ZD a District Planning Committee should be

established at the district level.
legislature.
 In the district planning committee at least 4/5th of the members shall
be elected by the elected members of the district level panchayats
and of the municipalities in the district from amongst themselves.
 The functions of district planning may be assigned to the District
Planning Committee by the state legislature.
 The proportion should in accordance with ratio of urban and rural
population of the district.
 The district planning committee shall prepare the plan and forward
to the state government.
METROPOLITAN PLANNING COMMITTEE:

 Under Article 243 ZB a Metropolitan Planning Committee should
be established in every metropolitan area.
legislature.
 In the Metropolitan Planning Committee at least 2/3 rd of the

members of the committee shall be elected by the members of the
Municipalities and the chairpersons of the panchayats in the
Metropolitan area from amongst themselves.
 The functions of Metropolitan planning may be assigned to the
Metropolitan Planning Committee by the state legislature.
 The proportion of seats to be shared by them would be based on the
ratio of the population of the Municipalities and of the panchayats
in that area.
 The Metropolitan planning committee shall prepare the plan and
forward to the state government.
ITEMS IN THE 12TH SCHEDULE:

 Urban planning including town planning
 Regulation of land use and construction of buildings
 Planning for economic and social development
 Roads and bridges
 Water supply for domestic, industrial and commercial purposes
 Public health, sanitation, conservancy and solid waste management
 Fire services
 Urban forestry, protection of environment and promotion of

ecological aspects
 Safeguarding the interests of weaker sections of society, including
the handicapped and mentally retarded
 Slum improvement and up gradation
 Urban poverty alleviation
 Provision of urban amenities and facilities such as parks, gardens,
playgrounds
 Promotion of cultural, educational and aesthetic aspects
 Burials and burial grounds, cremations and cremation grounds, and
electric crematoriums
 Cattle ponds, prevention of cruelty to animals
 Vital statistics including registration of births and deaths
 Public amenities including street lighting, parking lots, bus stops
and public conviences
 Regulation of slaughter houses and tanneries.
THERE ARE VARIOUS TYPES OF URBAN

GOVERNMENTS:
Municipal corporations
Municipalities
Notified area committees
Town area committees
Cantonment board
Township
Port trust
Special purpose agency
MUNICIPAL CORPORATION:
 The Municipal Corporations are established in the states by the acts
of the state legislatures.
 The same are established in the Union Territories through the acts
of the Parliament.
 The Municipal Corporations are created for the administration of big
cities.
 The people in each ward elect a representative called Corporator /

Councilor.
 A Municipal Corporation consists of three different authorities.
 Council
 Municipal Commissioner
MUNICIPAL COUNCIL:
Corporation.
 The council is headed by a Mayor.
 The election of the Mayor is decided by the state legislature.
 If it is indirect election the Mayor is elected from among the
 The meetings of the council are presided over by the Mayor.
 The Mayor is assisted by the Deputy Mayor.

MUNICIPAL COMMISSIONER:
 The Municipal Commissioner is appointed by the State
Government.
 The Municipal Commissioner belongs to the IAS.
 The Municipal Commissioner is the chief executive authority of the
 The Municipal Commissioner is responsible for implementation of
the decisions taken by the council and the standing committees.
*****
MUNICIPALITIES:
 The Municipalities are established up by the acts of state
legislatures.
 The Municipalities set for the administration of small cities and
towns.
 For the Union Territories the municipalities are set up by the acts of
the Parliament.

Municipality.
 The people in each ward elect a representative called Councilor.
 A Municipality consists of three different authorities.
 Council
 Chief Executive Officer / Municipal Commissioner
COUNCIL:
Municipality.
 The council is headed by a Chairman or President.
 The election of the Chairman is decided by the state legislature.
 If it is indirect election the Chairman is elected from among the
 The meetings of the council are presided over by the Chairman.
 The Mayor is assisted by the Vice-Chairman.

THE MUNICIPAL COMMISSIONER OR CHIEF EXECUTIVE

OFFICER:
 The Municipal Commissioner is appointed by the state government.
 The Municipal Commissioner is responsible for day to
administration.
*****

getting elected.

102, 190 and 191.
members present.
Independent members
Nominated members
defections.

 Lok Sabha
 Rajya Sabha
 Assemblies

OR
OR
the party.
EXCEPTIONS:
WHAT IS SPLIT?
it is called Split.

as a new party.
is disqualified.
the defectors have no more no more protection under the 10 th
schedule.
WHAT IS MERGER?


disqualified.


NOMINATED MEMBERS:
DO YOU REMEMBER?
 The President nominates 2 Anglo-Indians to the Lok Sabha.

 The President nominates 12 members with special knowledge to the
Rajya Sabha.
 The Governor nominates 1 Anglo-Indian to the state Assembly.
 The Governor nominates 1/6th of the total members to the State
Legislative Council.



the house.

law.
Courts.
ELECTION COMMISSION:
Electoral System:
1. Direct Election (First Past The Post System)
2. Indirect Election (Proportional Representation by means of the
single transferable vote)
Free and Fair Elections:
1. Election Commission
2. Democracy (Article 326)
326. Elections to the House of the People and to the
Legislative Assemblies of States to be on the basis of adult
suffrage The elections to the House of the People and to the
Legislative Assembly of every State shall be on the basis of
adult suffrage; but is to say, every person who is a citizen of
India and who is not less than twenty one years (eighteen
years) of age on such date as may be fixed in that behalf by or
under any law made by the appropriate legislature and is not
otherwise disqualified under this constitution or any law made
by the appropriate Legislature on the ground of non residence,
unsoundness of mind, crime or corrupt or illegal practice, shall
be entitled to be registered as a voter at any such election
Malpractice in the election:

Intimidation, threatening, booth capturing, using ink,
corruption, alluring voters, using the name of caste, religion
etc.
Electoral Reforms:
1. A candidate can contest from not more than two
constituencies
2. EVMs instead of ballot boxes
3. Voter ID
4. NOTA
5. VVPAT
6. E-Postal ballot
7. Totaliser
8. Convicted person is disqualified from contesting elections
for 6 years.
9. To stop criminalization of politics
10. Administrators are entering into politics
11. Cooling off period
 India is the biggest democratic country in the world.

 Democracy: The people elect their representatives.
 For the sake of conducting the elections in the country the election
commission has been created.
 The Election commission is a constitutional body that is entrusted
with the responsibility of conducting free and fair elections in the
country.
 On October 16, 1989 for the first time the President appointed 2
election commissioners.
NOTE:
The two election commissioners were appointed to cope with increased

work of the election commission on the account of lowering the voting
age from 21 to 18.
This was done through 61st amendment act of 1988 and came into force
in 1989.
Up to that time since 1950 the election commission was a single member
body.
Again in January 1990 the two positions were abolished and the election
commission was reverted to the earlier position.
Again in October 1993 the President (Dr Shankar Dayal Sharma)
appointed two more election commissioners.
Since then the election commission is a multi member body.
 Present CEC - Syed Nasim Ahmed Zaidi
 Achal Kumar Jyothi and Om Prakash Rawat are the other two
commissioners
Note: The Commission has the residuary powers under the Constitution,
to act in an appropriate manner when the enacted laws make insufficient
provisions to deal with a given situation in the conduct of an election.
THE ELECTION COMMISSION CONDUCTS THE

ELECTION FOR
The President
The Vice President
The Lok Sabha
The Rajya Sabha
The State Legislative Assemblies
The State Legislative Councils
Article 324: It provides the power of superintendence, direction and

control of elections to the Parliament, state legislatures, the office of the
President of India and the Vice president of India.
Note: Panchayats and Municipalities elections are conducted by the

respective State Election Commissions.
COMPOSITION OF ELECTION COMMISSION:

 There is a Chief Election Commissioner.
 There are some other members called election commissioners.
 Note: The number of members in the election commission is not
fixed by the constitution. The President may fix the number from
time to time.
APPOINTMENT:
 The Chief Election Commissioner and other Election
Commissioners are appointed by the President of India.
Qualifications:
 The qualifications of the members of the election commission are
not prescribed in the constitution.
TERM OR TENURE:
 The term of the members of the election commission is not
mentioned in the constitution.
 As a matter of practice the members after attaining the age of 65.
AFTER RETIREMENT:
The Constitution has not debarred the retiring election commissioners

from any further appointment by the government.
CHAIRMAN OF ELECTION COMMISSION:
 The Chief Election Commissioner acts as the Chairman of the
Commission when any other election commissioner is appointed.
SALARY:
 The salary is decided by the Parliament by an act.
 The service conditions of the Chief election Commissioner cannot
be varied to his disadvantage after his appointment.
RESIGNATION:
 The Chief Election Commissioner and other Election
Commissioners submit the resignation letter to the President.
REMOVAL OF CHIEF ELECTION COMMISSIONER:

 The Chief Election Commissioner is removed in the same manner
like that of a judge of Supreme Court.
REMOVAL OF OTHER ELECTION COMMISSIONERS:

 Other Election Commissioners are removed by the President only
on the recommendation of the Chief Election Commissioner.
 But, the advice of the Chief Election Commissioner is not binding
on the President.
WHAT HAPPENS IN CASE OF DIFFERENCE OF OPINION IN

THE ELECTION COMMISSION?
 The matter is decided by the election commission by majority.
FUNCTIONS OF ELECTION COMMISSION:

 The functions of election can be categorized into 3 types.
Administrative
Advisory
Quasi-Judicial
 The election commission determines the territorial areas of the
electoral constituencies throughout the country on the basis of the
Delimitation commission Act of Parliament.
 Note: So far 4 Delimitation Acts have been made by the Parliament
in the years 1952, 1962, 1972 and 2002.
 The election commission prepares and revises the electoral rolls
(voters List).
 The election Commission will notify the dates and schedules the
elections.
 The election commission scrutinizes the nomination papers.
 The election commission recognizes the political parties.
 The election commission allots the symbols.
 The election commission determines the code of conduct to be
observed by the parties and the candidates at the time of elections.
 The Election Commission cancels the polls in the event of rigging,

booth capturing, violence or other irregularities.
 The election commission advices the President in the matter relating
to the disqualification of the members of Parliament. (Lok Sabha
and Rajya Sabha).
 The election commission advices the Governor of a state in the
matter relating to the disqualification of the members of state
Legislature.
 The Election Commission supervises the machinery of elections to
ensure free, fair and impartial elections.
 The Election Commission advices the President whether the
elections can be held in a state under the President’s rule in order to
extend the period of emergency after 1 year.
 The Election Commission recognizes the political parties as
National party or Regional (state) party.
NATIONAL PARTY:
(If a party secures 6% of the valid polled votes in any 4 states
And
If the party wins 4 seats in the Lok Sabha from any state or states)
Or
(If a party wins 2% of seats in Lok Sabha
And
These members are elected from three different states)
REGIONAL (STATE) PARTY:

(If a party secures 6% of the valid polled votes in the state
And
If the party wins 2 seats in assembly)
Or
(If a party wins 3% of the total seats in the assembly)
Or
(3 seats in the assembly whichever is more)
MISCELLANEOUS:
 Regional commissioners are also appointed by the President after
consultations with the election commission.
 The regional commissioners are also removed by the President only
on the recommendation of the Chief Election Commissioner.
 The conditions of service and the tenure of office of the election
commissioners and the regional commissioners shall be decided by
the President.
 The Chief Election Commissioner and other election commissioners
have equal power, salary allowances etc. These are similar to that of
a judge of a Supreme Court.
 At the central level the Election Commission is assisted by Deputy
Election Commissioners.
 The Deputy Election Commissioners are assisted by Secretaries,

Joint secretaries, Deputy Secretaries and under secretaries.
 At the state level the Election Commission is assisted by the Chief
Electoral Officer.
 Note: The Chief Electoral Officer is appointed by the Chief Election
Commissioner in consultation with the state government.
 At the district level the district Collector acts as the returning officer.
 For every constituency there is a returning officer appointed by the
district collector.
 The Collector also appoints presiding officer for every polling
booth.
 In January 2012 the Election Commission ordered draping of
Mayawati Statues and her party symbol elephant in Uttar Pradesh.
 In the year 2004 prior to Lok Sabha elections the Election
Commission ordered to drape photographs of the then Prime
Minister and BJP leader Atal Bihari Vajpayee installed on highways
and at Golden Quadrilateral road projects.
NATIONAL HUMAN RIGHTS COMMISSION (NHRC):

 In the year 1993, the National Human Rights Commission was set
up through an ordinance issued by the President of India.
 The President of India promulgated the “Protection of Human

Rights Ordinance” on September 28, 1993.
 Later the Protection of Human Rights Bill, 1993 was passed by the
Parliament.
 The President gave assent on January 4, 1994.
 The act came into effect from September 28, 1993.
 The NHRC is not a Constitutional body, it is a statutory body.
 The NHRC was in conformity with the Paris Principles.
WHAT ARE PARIS PRINCIPLES?

 These are abroad set of principles agreed up on by a number of nations for
the promotion and protection of human rights.
 The convention was held in Paris in October 1991.
COMPOSITION:
 There is a Chairman and four other members.
QUALIFICATIONS:
 The Chairman should be a retired Chief Justice if India.
 One member should be serving or retired judge of the Supreme
Court.
 One member should be a serving or a retired Chief Justice of a High
Court
 Two persons with knowledge or practical experience with respect to

human rights.
EX-OFFICIO MEMBERS OF NHRC:

 The Chairman of National Commission for Women
 The Chairman of National Commission for SCs and STs
 The Chairman of the National Committee for Minorities
APPOINTMENT:
 The Chairman and other members are appointed by the President of
India.
 The President of India appoints the Chairman and other members on
the recommendation of six member committee consisting of
 The Prime Minister - Chairman
 The Speaker of the Lok Sabha
 The Deputy Chairman of the Rajya Sabha
 Leader of the opposition in the Lok Sbah
 Leader of the Opposition in the Rajya Sabha
 The Union Home Minister
 A sitting judge of the Supreme Court or a sitting Chief Justice of a
High Court can be appointed only after consultation with the Chief
Justice of India.
TERM:
 The term of office of Chairman and members is 5 years or until they

attain the age of 70 years whichever is earlier.
 After retirement the Chairman and members are not eligible for
further employment under the Central or State governments.
SALARY:
 The salary, allowances and other conditions of service of the
Chairman or a member are determined by the Central Government.
 The salary, allowances and other conditions of service cannot be
varied to their disadvantage after appointment.
REMOVAL:
 The Chairman and members of NHRC are removed by the President
on the grounds of proved misbehavior or incapacity.
 In this case the President must refer the case to the Supreme Court
for an inquiry.
 If the Supreme Court after the inquiry upholds the cause of removal
and advises so, then the President can remove the Chairman or a
member
FUNCTIONS OF NHRC:
 The NHRC intervenes in any proceeding involving allegation of
violation human rights pending before a court.
 The NHRC visits jails and detention places to study the living
conditions of inmates and make recommendation there on.
 The NHRC reviews the constitutional and other legal safeguards for
the protection of the human rights and recommend measures for
their effective implementation.
 The NHRC enquires into any violation of human rights or
negligence in the prevention of such violence by a public servant
either suo motto or on a petition presented to it.
 The NHRC reviews the factors including acts of terrorism that
inhibit the enjoyment of human rights and recommend remedial
measures.
 The NHRC undertakes and promote research in the field of human
rights.
 The NHRC spreads the human rights literacy among the people and
promote awareness of the safeguards available for the protection of
these rights.
 The NHRC undertake such other functions as it may consider
necessary for the promotion of human rights.
MISCELLANEOUS:
 The first chairman of NHRC was Justice Ranganath Mishra.
 The present Chairman of NHRC is Justice H L Dattu
UPSC 2004:
According to the National Human Rights Commission Act, 1993, who

amongst the following can be its Chairman?
(a) Any serving Judge of the Supreme Court

(b) Any serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court

women.
1990 to:


COMPOSITION:
 The Commission consists of a Chairperson and five other
members.
 A Chairperson, committed to the cause of women, to be nominated
by the Central Government.
and
 Five Members to be nominated by the Central Government from

amongst persons of ability, integrity and standing who have had
experience in law or legislation, trade unionism, management of an
industry potential of women, women’s voluntary organizations
(including women activist), administration, economic development,
health, education,socialwelfare
 Provided that at least one Member each shall be from amongst

persons belonging to the Scheduled Castes and Scheduled Tribes
respectively;
 A Member-Secretary to be nominated by the Central Government
who shall be an expert in the field of management,
organizational structure or sociological movement,
OR
 an officer who is a member of a civil service of the Union or of an

all-India service or holds a civil post under the Union with
appropriate experience
CENTRAL VIGILANCE COMMISSION (CVC):
 The Central Vigilance Commission was set up in February 1964.

 The CVC was set up on the recommendations of a Committee on
Prevention of Corruption.
 This committee was headed by K. Santhanam.
 The CVC is an autonomous body created by the central government.
 The CVC is located in New Delhi.
 The first Chief Vigilance Commissioner was Nittoor Srinivasa Rau.
 The present CVC is K V Chaudhary
Appointment:
 The CVC and other vigilance commissioners are appointed by the
President of India.
 The President is recommended by a 3 member committee consists
of
 The Prime Minister – Chairman
 The Union Home Minister – Member
 The Leader of Opposition in Lok Sabha – Member
REMOVAL:
 The Central Vigilance Commissioner or any Vigilance

Commissioner shall be removed from his office only by order of the
President on the ground of proved misbehavior
 or
 incapacity
 after the Supreme Court, on a reference made to it by the President,
has, on inquiry, reported that the Central Vigilance Commissioner
or any Vigilance Commissioner, as the case may be, ought on such
ground be removed.
 The President may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the Central
Vigilance Commissioner or any Vigilance Commissioner in respect
of whom a reference has been made to the Supreme Court until the
President has passed orders on receipt of the report of the Supreme
Court on such reference.
 The President may, by order, remove from office the Central
Vigilance Commissioner or any Vigilance Commissioner if the
Central Vigilance Commissioner or such Vigilance Commissioner,
as the case may be:
FUNCTIONS:
 The CVC is not an investigating agency.
 The CVC either gets the investigation done through the Central
Bureau of Investigation or through the Departmental Chief
Vigilance Officers.
 The only investigation carried out by the CVC is that of examining
Civil Works of the Government which is done through the Chief
Technical Officer.
 Corruption investigations against government officials can proceed

only after the government permits them.
 The CVC publishes a list of cases where permissions are pending,
some of which may be more than a year old.
ZONAL COUNCILS:
 The idea of Zonal Councils was first initiated by the first Prime
Minister of India Jawaharlal Nehru in the year 1956.
 Nehru proposed that country can be divided into 4 or 5 zonal
councils.
 The idea was to minimize the hostilities among the people and to
create a healthy inter-state environment with a view to solve inter-
state problems and fostering balanced socio economic development
of the respective zones.
 Five Zonal Councils were set up in the year 1956.
 The Zonal Councils have been established by the States
Reorganization Act.
 The purpose is to advice on matters of common interest to each
zone.
 The Zonal Councils discuss matters of common concern to the

states and territories comprised in each zone such as
Economic Planning
Social planning
Border disputes
Inter-state transport
Matters arising out of the reorganization of states and the like
To give advises to the states concerned
 The Union Home Minister is the Chairman for all the Zonal
Councils.
 The Chief Minister of the concerned state is the Vice Chairman of
the Zonal council on rotation.
 Each Zonal Council consists of the Chief Minister and two other
ministers of each of the states in the zone and the administrator in
the case of a Union Territory.
 There is also a provision of holding joint meeting of 2 or more
Zonal councils.
FIVE ZONAL COUNCILS:

Northern Zonal Council: Haryana, HP, J&K, Punjab, Rajasthan,
Delhi and Chandigarh.
The central Zonal Council: Chhattisgarh, Uttaranchal, UP and MP.
The Eastern Zonal Council: Bihar, Jharkhand, Orissa, Sikkim and
West Bengal.
NOTE: Sikkim was excluded from the eastern council in the year
2002.
The Western Zonal Council: Goa, Gujarat, Maharashtra, Daman and

Diu, Dadra and Nagar Haveli.
The Southern Zonal Council: AP, Karnataka, Kerala and Tamil
Nadu and Pondicherry.
 The North –eastern states Assam, Arunachal Pradesh, Manipur,

Mizoram, Meghalaya, Tripura and Nagaland are not included in the
Zonal Councils.
 North east Council was set up in the year 1972.
 Sikkim was included in the North East council in the year 2002.
 Sikkim was excluded from the eastern council since 2002.
 The Union Home Minister is the Chairman for all the zonal
Councils.
 The Chief Minister of the concerned state where the meeting is led
acts as the Vice Chairman on rotation.
INTER STATE COUNCIL:

 Article 263 mentions about the establishment of Inter State Council.
 The interstate council is meant for the coordination between the
states and between the states and the central government.
 Establishment:
 The President of India establishes the interstate council.
 The President can define nature of the duties of the interstate
council.
 Article 263 specifies the duties that can be assigned to the interstate
council.
 The interstate council enquires into the disputes that arise between
the states.
 The interstate council advices upon such disputes between the states.
 The interstate council investigates and discusses the subjects in

which the states or the centre and the states have a common interest.
 The interstate council makes the recommendations upon any such
subject and particularly for the better coordination and action on it.
 NOTE: Under Article 131 of the Indian Constitution the Supreme
Court decides a legal controversy between the governments.
 But, the interstate council deals with a legal or non legal
controversy.
 The advice of the interstate council is advisory in nature and not
binding.
 Whereas the direction given by the Supreme Court is binding in
nature.
 Under Article 263 of the Indian Constitution the President has
established
 Central council of health
 Central council for Local government and urban development.
 Four regional councils for sales tax for Northern, Eastern,
Western and Southern Zones.
 The Sarkaria Commissin on centre-state relations recommended for
the establishment of a permanent interstate council.
 The Sarkaria commission also recommended that the interstate
council must be called inter-governmental council.
 In the year 1990 following the recommendations of the Sarkaria
Commission the Janata Dal government under the Prime Minister
ship of V P Singh established the interstate council.
 The interstate council consists of
The Prime Minister – Chairman
Chief Ministers of all the states
Chief Ministers of Union Territories with legislative Assemblies (Delhi
and Pondicherry)
Administrators of Union Territories without legislative assemblies

6 Cabinet Ministers including the Home Minister nominated by the Prime
Minister.
The Ministers of State in the Central government may be invited to the
meetings when any item relating to their ministry is discussed.
The most important function of the interstate council is coordination.
The interstate council meets at least 3 times a year.
DELIMITATION COMMISSION:
 Article 82 of the Indian Constitution empowers the Parliament to

enact a Delimitation act after every census.
 After the enactment the Central Government constitutes the
Delimitation Commission.
 The Delimitation commission of India is also called the Boundary
commission of India.
 The main function of the commission is to redraw the boundaries of
the assemblies and Lok Sabha constituencies based on the recent
census.
 The representation from each state is not changed during this
exercise.
 However, the number of SC and ST seats in a state are changed in

accordance with the census.
 The orders of the Delimitation Commission cannot be challenged in
a court of law.
 The orders are laid before the Lok Sabha and the respective State
Legislative Assemblies.
 However, modifications are not permitted.
 Delimitation commissions have been set up four times so far.
 1st time in 1952, under the Delimitation Commission act of
1952.
 2nd time in 1963, under Delimitation Commission act of 1962
(the commission was headed by Mr J L Kapur retired Judge of
Supreme Court, includes Mr C P Sinha a retired CJ of the Assam
High Court and Mr K V N Sundaram Chief Election
Commissioner as the ex-officio member. The Act was passed in
December 1962. The Act was not applicable to Jammu and
Kashmir and Nagaland).
 3rd time in 1973, under Delimitation Commission act of 1972
 4th time in 2002 under Delimitation Commission act of 2002.
 The government had suspended delimitation in 1976 until after the
2001 census so that states' family planning programmes would not
affect their political representation in the Lok Sabha.
 This had led to wide discrepancies in the size of constituencies, with

the largest having over three million electors, and the smallest less
than 50,000.
DELIMITATION COMMISSION OF 2002
 The last delimitation commission was set up on July 12, 2002 after
the 2001 census.
 The Chairman was Justice kuldeep singh, a retired Judge of the
 The Commission has submitted its recommendations.
 In December 2007, the Supreme Court of India on a petition issued
notice to the central government not to implement the
recommendations of the Delimitation Commission.
 On January 4, 2008, the Cabinet Committee on Political Affairs
headed by the Prime Minister decided to implement the order from
the Delimitation commission.
 The recommendations of the delimitation commission were
approved by the President, Pratibha Patil on February 19, 2008.
 From that day onwards all the future elections in India for states
covered by the commission will be held under the newly formed
constituencies.
 The assembly elections in Karnataka which were conducted in
three phases in May 2008 are the first one to use the new
boundaries as drawn by the 2002 delimitation commission.
 The Constituencies reserved for Scheduled Castes in Parliament has

been increased from 79 to 84 after the delimitation of the
constituencies in the year 2008.
 Similarly the number of seats reserved for Scheduled Tribes has
increased from 41 to 47.
LOKPAL:
 Sweden was the first country in the World to create the institute of
Ombudsman in the year 1809.
 Note: Ombudsman is a Swedish word, it means a person who acts
as the representative or spokesman of another person.
 This is the first democratic institute that was set up for the redressal
of citizen grievances.
 Later similar type of Institutions were set up in
 Finalnd – 1919
 Denmark – 1955
 Norway – 1962
 New Zealand – 1962
 United Kingdom - 1967
 In New Zealand the Ombudsman is called Parliamentary
Commissioner.
 New Zealand is the first common wealth country to have adopted
the Ombudsman.
 In United Kingdom also the institution is called Parliamentary

Commissioner.
 In India the Ombudsman is called Lokpal / Lokayukta.
 India is yet to create the Lokpal institution.
 The word lokpal was coined by L M singhvi in the year 1963.
 Lokpal means protector of the people.
 In India Lokpal was first recommended by ARC (Administrative
Reforms Commission, 1966 – 1970).
 The ARC was headed by Morarji Desai (Former Prime Minister of
India, 1977 – 1979).
 The ARC recommended that two Institutions called
Lokpal/Lokayukta to be set up.
 These two institutions are meant for the redressal of citizens
grievances.
 The idea is that the Lokpal would deal with the complaints against
ministers and secretaries at the central and state levels.
 The Lokayuktas one at the central level and one each at the state
level would deal with complaints against other specified higher
officials.
 The ARC recommended that judiciary should be out of the purview
of Lokpal and Lokayukta.
 Note: In New Zealand the Judiciary is kept of the purview of the
Parliamentary Commissioner.
 ARC recommended that the Lokpal would be appointed by the

President of India after consultation with the Chief Justice of India,
the Speaker of Lok Sabha and the Chairman of Rajya Sabha.
First time - 1968 - Indira Gandhi
Second Time - 1971 - Indira Gandhi
Third Time - 1977 - Morarji Desai
Fourth Time - 1985 - Rajiv Gandhi
Fifth Time - 1989 - V P Singh
Sixth Time - 1996 - Deve Gowda
Seventh Time - 1998 - Vajpayee
Eighth Time - 2001 - Vajpayee
Ninth Time - 2005 - Manmohan Singh
Tenth Time - 2008 - Manmohan SIngh
 None of the bills were passed and the institute of Lokpal was not
created.
 For the first four times the Lokpal bill was lapsed because of the
dissolution of the Lok Sabha.
 Fifth time in the year 1989 during the period of National Front
Government the bill was withdrawn.
 6th and 7th time again the Lokpal bill was lapsed due to the
dissolution of the Lok Sabha.
 Now, the UPA (United Progressive Alliance) government is

preparing the draft and planning to make the Lokpal a Constitutional
body. (For this constitutional amendment is required).
 The Lokpal if created will be empowered to register and investigate
complaints of corruption against politicians and bureaucrats without
prior approval of the Government.
 The Lok Pal Bill 2011, has been passed by the Lok Sabha on
December 27, 2011 by voice vote.
LOKAYUKTA:
 The Lokayukta was first recommended by Administrative reforms
Commission (ARC) in the year 1968.
 The Lokayukta was recommended along with the Lokpal.
 The debate for the establishment of strong Lokpal is still going on
in India.
 But, many states have already created Lokayuktas at the state level.
 Odisha (Orissa) was the first state in the country to pass the
Lokayukta act in the year 1970.
 But, the Lokayukta was established in Odisha (Orissa) in the year
1983.
 Maharashtra was the first state to establish Lokayukta in the year
1971.
 Some states like Andhra Pradesh, Karnataka, Maharashtra and
Rajasthan have established Lokayukta and Upalokayuktas.
 Other states like Bihar, Himachal Pradesh and Uttar Pradesh have
created only Lokayuktas.
APPOINTMENT:
 The appointment procedures vary from state to state.
 The Lokayukta is appointed by the Governor.
 The Governor consults Chief Justice of High Court and the Leader
of opposition in the state assembly. (This is not same in all the
states).
QUALIFICATIONS:
 The qualifications also vary from state to state.
 In states like Andhra Pradesh, Assam, Karnataka, Gujarat, Odisha,
Uttar Pradesh judicial qualifications have been mentioned.
 In states like Bihar, Maharashtra and Rajasthan no specific
qualifications are mentioned.
TERM:
 The term is 5 years or till he attains the age of 65 years whichever
is earlier.
 Note: This is followed in most of the states.
JURISDICTION:
 In states like Andhra Pradesh, Karnataka etc the Chief Minister is
also included in the purview of Lokayukta.
 In almost all the states ministers and higher civil servants are
included.
 In states like Andhra Pradesh, Gujarat, Himachal Pradesh etc the
members of State Legislature are included.
REPORT:
 The Lokayukta presents the annual report to the Governor.
 The Governor places the report along with an explanatory
memorandum before the state legislature.
 The Lokayukta is responsible to the State Legislature.
 Recommendations:
 The recommendations made by the Lokayukta are advisory in
nature.
 The recommendations are not binding on the state government.

women.

1990 to:


 The present Chair person is Lalitha Kumara Mangalam from
September 14, 2014.
Constitution of India does not define the word ‘Minority’ and only refers
to ‘Minorities’ and speaks of those ‘based on religion or language’, the
rights of the minorities have been spelt out in the Constitution in detail.
The Constitution provides two sets of rights of minorities which can be

placed in ‘common domain’ and ‘separate domain’.
The rights which fall in the ‘common domain’ are those which are
applicable to all the citizens of our country.
The rights which fall in the ‘separate domain’ are those which are
applicable to the minorities only and these are reserved to protect their
identity.
The Preamble to the Constitution declares the State to be ‘Secular’ and

this is a special relevance for the Religious Minorities.
Preamble that all citizens of India are to be secured ‘liberty of thought,

expression, belief, faith and worship and ‘equality of status and of
opportunity.’
Part IV, which are connected with social and economic rights of the
people. These are “fundamental in the governance of the country and it
shall be the duty of the State to apply these principles in making laws”.
(Article 37). Part IV of the Constitution of India, containing non-
justiciable Directive Principles of State Policy, includes the following
provisions having significant implications for the Minorities :-
i. obligation of the State ‘to endeavour to eliminate inequalities in

status, facilities and opportunities’ amongst individuals and groups
of people residing in different areas or engaged in different
vocations;[Article 38 (2) ]
ii. obligation of State ‘to promote with special care’ the educational
and economic interests of ‘the weaker sections of the people’
(besides Scheduled Castes and Scheduled Tribes); [Article 46]
and
Article 51A which is of special relevance for the Minorities stipulates as

under :-
i. citizens’ duty to promote harmony and the spirit of common

brotherhood amongst all the people of India ‘transcending
religious, linguistic and regional or sectional diversities; and
ii. citizens’ duty to value and preserve the rich heritage of our
composite culture.’
In Part III of the Constitution in the ‘common domain’, the following

fundamental rights and freedoms are covered:
i. people’s right to ‘equality before the law’ and ‘equal protection of

the laws’; [Article 14]
ii. prohibition of discrimination against citizens on grounds of
religion, race, caste, sex or place of birth; [Article 15 (1) & (2)]
iii. authority of State to make ‘any special provision for the
advancement of any socially and educationally backward classes
of citizens’ (besides the Scheduled Castes and Scheduled Tribes);
[Article 15 (4)]
iv. citizens’ right to ‘equality of opportunity’ in matters relating to
employment or appointment to any office under the State – and
prohibition in this regard of discrimination on grounds of religion,
race, caste, sex or place of birth; [Article 16(1)&(2)]
v. authority of State to make ‘any provision for the reservation of
appointments or posts in favour of any backward class of citizens
which, in the opinion of the State, is not adequately represented in
the services under the State; [Article 16(4)]
vi. people’s freedom of conscience and right to freely profess, practice
and propagate religion – subject to public order, morality and other
Fundamental Rights; [Article 25(1)]
vii. right of ‘every religious denomination or any section thereof –
subject to public order, morality and health – to establish and
maintain institutions for religious and charitable purposes,
‘manage its own affairs in matters of religion’, and own and
acquire movable immovable property and administer it ‘in
accordance with law’; [Article 26]
viii. prohibition against compelling any person to pay taxes for
promotion of any particular religion’; [Article 27]
ix. people’s ‘freedom as to attendance at religious instruction or
religious worship in educational institutions’ wholly maintained,
recognized, or aided by the State.[Article 28]
‘Separate Domain’ are as under:-

i. right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct

language, script or culture’; [Article 29(1)]
ii. restriction on denial of admission to any citizen, to any educational
institution maintained or aided by the State, ‘on grounds only of
religion, race, caste, language or any of them’; [Article 29(2)]
iii. right of all Religious and Linguistic Minorities to establish and
administer educational institutions of their choice;[Article 30(1)]
iv. freedom of Minority-managed educational institutions from
discrimination in the matter of receiving aid from the
State;[Article30(2)]
v. special provision relating to the language spoken by a section of
the population of any State;[Article 347]
vi. provision for facilities for instruction in mother-tongue at primary
stage;[Article 350 A]
vii. provision for a Special Officer for Linguistic Minorities and his
duties; and [Article 350 B]
viii. Sikh community’s right of ‘wearing and carrying of kirpans;
[Explanation 1 below Article 25]
OFFICIAL LANGUAGE:
 In India more than 1600 languages are spoken.
 It was very difficult to add all the languages in the Constitution of
India.
 Hence, the makers of the Constitution picked up 18 languages and
were added into the Constitution.
 These 18 languages are spoken by more than 91 percent of the
Population in India.
 The original Constitution has named only 14 languages as the

official languages.
 The Official languages are mentioned in the 8th Schedule of the
Constitution.
 The official language is mentioned in the part XVII of the Indian
Constitution.
 This is covered in the articles from 343 to 351.
 Hindi was prescribed as the official language of the Union.
 The English language shall continue to be used for a limited period
of 15 years from the commencement of the Constitution for all the
official purpose of the Union.
 After 1965 the use of English language for any purpose will depend
on parliamentary legislation.
 The English was continued as the official language along with Hindi
by enacting Official Language Act, 1963.
 The State Legislatures under article 345 and the President of India
under Article 347 were permitted to recognize some languages as
the official languages other than Hindi as the languages for intra
state official transaction.
 Article 343: The official language of the Union shall be Hindi in
Devanagari script.
 The Constitution also provides for the appointment of Official
Language Commission by the President.
 The recommendations of the commission will be examined by a

Joint Parliamentary committee consisting of 30 members.
 Out of the 30 members 20 are elected from Lok sabha and the
remaining 10 are elected from Rajya Sabha with a system of
proportional representation by single transferable vote.
 The first Official Language Commission was appointed in the year
1955.
 B G Kher was the chairman of the Official Language Commission
that was appointed in the year 1955.
The provision of the official language is divided into 4 heads.

Language of the Union
Regional Languages
Language of the Judiciary and text of laws
Special Directives.
 Every bill that is introduced in the Parliament is to be accompanied
by a Hindi translation.
 The Parliament has not made any provision for the use of Hindi in
the Supreme Court.
 The language that is used in Supreme Court is English only.
 The Constitution does not specify the official language of different
states.
 The legislature may adopt any one or more than one languages in
use in the state or Hindi as the official language of the state.
 Under this provision of the Constitution most of the states have

adopted the major regional language as their official language.
 Note: A state can adopt more than one language.
 For the time being the English (Official language of the Union) is
the link language between the Union and the states, and among
various states.
 The Parliament can provide that all the proceedings in Supreme
Court and High Courts are to be in English.
 The authoritative texts of all bills, acts, ordinances, orders, rules,
regulations and Bye-laws at the central and state levels to be in
English.
 The Governor with the prior consent of the President can authorize
the use of Hindi or any other language of the state in the proceedings
of the concerned High Court.
 The same is also applicable with respect to the judgments, decrees
and orders passed by the High Court.
 The state legislature can prescribe the use of any language other than
English with respect to bills, acts, ordinances, orders, rules,
regulations, or bye-laws, but a translation of the same in the English
language is to be published.
 For the protection of the linguistic minorities it was made that the
aggrieved person has the right to submit a representation in any
language used in the Union or states for the redress of grievances to

any authority under the Union or any state.
 The representation cannot be rejected on the ground that it is not in
the official language.
 Every state should provide adequate facilities for instruction in the
mother tongue at the primary stage of education.
 The President should appoint a special officer for linguistic
minorities to investigate all matters relating to the constitutional
safeguards for linguistic minorities and to report to him.
 These reports are placed in front of the Parliament and sent to the
concerned state governments.
HOW MANY LANGUAGES ARE PRESENT IN THE 8TH

SCHEDULE?
 In the original constitution only 14 languages were mentioned.
 At present the number of languages mentioned in the 8th schedule is
22.
 Sindhi was the 15th language added through 21st amendment in the
year 1971.
 Konakani, Nepali and Manipuri languages were added through the
71st amendment in the year 1992.
 The next 4 languages that added to the 8th schedule were Bodo,
Dogri, Maitihli and Santhali.
 The last four languages were added through 100th amendment.
THE LIST OF THE LANGUAGES MENTIONED IN THE 8TH

SCHEDULE.
 Assamese
 Bengali
 Bodo
 Dogri
 Gujarati
 Hindi
 Kannada
 Kashmiri
 Konkani
 Maithili
 Malayalam
 Manipuri
 Marathi
 Nepali
 Oriya
 Punjabi
 Sanskrit
 Santhali
 Sindhi
 Tamil
 Telugu
 Urdu
www.OnlineIAS.com
UNION PUBLIC SERVICE COMMISSION: (UPSC)
 The UPSC is mentioned in the part XIV of the Constitution.
 The UPSC is covered under articles 315 to 323 of the Indian
Constitution.
 Hence UPSC is a Constitutional body.
 The UPSC is the central recruiting agency of India.
 The UPSC conduct examinations for All India Services and other
central services.
 Article 315: There shall be a Public Service commission for the
Union and Public service Commission for each state.
WHAT ARE ALL INDIA SERVICES?
 These are the services recruited by the central government but,

posted in the states and salary is also paid by the states.
HOW MANY ALL INDIA SERVICES ARE PRESENT IN INDIA?
 There are 3 All India Services in India.
IAS – Indian Administrative Service
IPS – Indian Police Service
IFS – Indian Forest Service
COMPOSITION:
 The UPSC consists of a chairman and some other members.
APPOINTMENT:
 The Chairman and other members are appointed by the President.
STRENGTH (NUMBER OF MEMBERS):

 The strength of UPSC is not fixed by the Constitution.

 The number of members in the UPSC is left to the discretion of the
President of India.
 In general the UPSC consists of 9 to 11 members including the
Chairman.
QUALIFICATIONS:
 The qualifications are not prescribed by the Constitution.
 But, at least half of the members in UPSC should have held office
for at least 10 years either under the Government of India OR
Government of a state.
CONDITIONS OF SERVICE:
 The conditions of service of Chairman and other members are
decided by the President.
 But, it cannot be varied to his disadvantage after appointment.
TERM:
 The Chairman or other members hold office for a term of 6 years or
until they attain the age of 65 years, whichever is earlier.
 After completion of the term the Chairman or any other member, are
not eligible for reappointment in the same position.
RESIGNATION:
 The Chairman or members can submit the resignation letter to the

President.
REPORT OF UPSC:
 The UPSC submits the annual report to the President of India.
 The President places the report of UPSC before the Parliament.
 The report of UPSC is discussed in the Parliament.
ACTING CHAIRMAN:
 The President can appoint one of the members of UPSC as an acting
chairman when the office of the Chairman falls vacant
OR
 When the Chairman is unable to perform functions due to absence
or some other reasons.
REMOVAL:
 The President can remove the chairman or any other member of
UPSC if
 The Chairman or member is adjusted as an insolvent.
OR
 The chairman or member engages during the term of office in
any paid employment outside the duties of office.
OR
 The chairman or member, in the opinion of the President is unfit
to continue in office by reason of infirmity of mind or body.
REMOVAL ON THE GROUNDS OF MISBEHAVIOR:
What is misbehavior?
If the Chairman or member is concerned or interested in any contract or

agreement made by the government of India or government of a state
OR
If the Chairman or member participates in any way in the profit of such

contract or agreement or in any benefit there from otherwise than as a
member and in common with other members of an incorporated company.
 The President can also remove the Chairman or a member of UPSC

for misbehavior.
 In the case of misbehavior the President has to refer the matter to
the Supreme Court for an enquiry.
 If the Supreme Court upholds the cause of removal and advises so
then the President can remove the Chairman or member.
 The advice tendered (given) by the Supreme Court is binding on the

President.
 During the course of enquiry the President can suspend the
Chairman or the member.
AFTER RETIREMENT:
 The Chairman of UPSC after retirement is not eligible for further
employment under the government of India or government of a
state.
 A member of UPSC after retirement is eligible for appointment as
the Chairman of UPSC.
the Chairman of a State Public Service Commission.
the Chairman of a Joint Public Service Commission.
FUNCTIONS OF UPSC:
 The UPSC conducts the examinations for appointments to the all-
India services, central services and Public services of the centrally
administered territories.
 The UPSC assists the states if requested by two or more states in
framing and operating schemes of joint recruitment for ant services
for which candidates possessing special qualification are required.
 The UPSC serves all the needs of a state on the request of the state
governor and with the approval of the President.
 The UPSC is consulted on various matters related to
All matters relating to the methods of recruitment to civil services
and for civil posts.
The principles to be followed in making appointments to civil
services and posts and in making promotions and transfers from
one service to the other.
RECOMMENDATIONS:
 The recommendations of UPSC are advisory in nature.
 The recommendations of UPSC are not binding in nature.
MISCELLANEOUS:
 The Chairman or any other member of the UPSC can be removed
from the office only in the manner and on the grounds mentioned in
the Constitution.
 If a member of UPSC is appointed as the Chairman of the UPSC he
holds the new office for 6 years or till he attains the age of 65 years.
 Please remember a member is appointed as the Chairman is a new
appointment.
STATE PUBLIC SERVICE COMMISSION:

 The State Public Service Commissions are mentioned in part XIV
of the Constitution of India.
 The Articles 315 to 323 deal with the composition, appointment,
removal of members, powers, functions and independence of State
Public Service Commissions.
 NOTE: The part XIV and the articles 315 to 323 also deal with
UPSC.
COMPOSITION:
 There is a chairman for SPSC.
 There are other members for SPSC.
QUALIFICATIONS:
 The qualifications of Chairman and members are not specified in
the Constitution.
 But, as nearly as may be one half of the members must have had 10
years of service under the Union government or a State Government.
APPOINTMENT:
 The Chairman and the members of SPSC are appointed by the
Governor of the concerned state.
STRENGTH:
 The strength of SPSC is not specified in the Constitution.
 The strength of SPSC is left to the discretion of the Governor.
TERM:
 The Chairman and members of the SPSC hold office for a term of
6 years
OR
Until they attain the age of 62 years whichever is earlier.
(NOTE: Initially the retirement age was fixed at 60 years. Through the
41st amendment of 1976 the retirement age is increased to 62 years).
RESIGNATION:
 The Chairman and members can relinquish (resign, give up) their
offices by addressing their resignation letters to the Governor.
 (The Chairman and members submit the resignation letter to the
Governor).
REPORT OF SPSC:
 The SPSC submits the annual report to the Governor.

 The Governor places the report of SPSC before the State
Legislature.
 The report of SPSC is discussed in the State Legislature.
IN CASE OF VACANCY IN THE OFFICE OF CHAIRMAN OF

SPSC:
 If the office of the Chairman falls vacant
OR
 When the Chairman is unable to perform the functions due to
absence or some other reason, then the Governor can appoint one of
the members of SPSC as an acting Chairman.
The conditions of service of Chairman and members of SPSC are
determined by the Governor.
REMOVAL:
The Chairman and members of SPSC are removed by the President. (Not
by the Governor).
Note: Remember the Chairman and members of SPSC are appointed by
the Governor.
SPSC if
OR
OR
What is misbehavior?
If the Chairman or member of SPSC is concerned or interested in any contract

or agreement made by the government of India or government of a state
OR
If the Chairman or member of SPSC participates in any way in the profit of such
contract or agreement or in any benefit there from otherwise than as a member
and in common with other members of an incorporated company.
 The President can also remove the Chairman or a member of SPSC

for misbehavior.

then the President can remove the Chairman or member of SPSC.
President.
 During the course of enquiry the Governor can suspend the
Chairman or member pending the final removal order of the
President on receipt of the report of the Supreme Court.
THE CAHIRMAN OF SPSC AFTER RETIREMENT:

 The Chairman of SPSC after retirement cannot be reappointed as
the Chairman of the same SPSC.
 The Chairman of SPSC after retirement can be appointed as
The Chairman of UPSC
A member of UPSC
The Chairman of other SPSC
The Chairman of Joint Public Service Commission (JPSC).
A MEMBER OF SPSC AFTER RETIREMENT:

 A member of SPSC after retirement cannot be reappointed as a
member in the same SPSC.
 A member of SPSC can be appointed as
The Chairman of same SPSC.
The Chairman of other SPSC.

The Chairman of other Joint Public Service Commission
The Chairman of other UPSC.
A member of other SPSC.
A member of other Joint Public Service Commission.
A member of UPSC.
FUNCTIONS OF SPSC:
 The SPSC conducts the examinations for appointments to the
services of the state.
 The SPSC is consulted on various matters related to
RECOMMENDATIONS:
 The recommendations of SPSC are advisory in nature.
 The recommendations of SPSC are not binding in nature.
MISCELLANEOUS:
 The Chairman or any other member of the SPSC can be removed

from the office only in the manner and on the grounds mentioned in
the Constitution.
 If a member of SPSC is appointed as the Chairman or member of
the UPSC, SPSC or JPSC he holds the new office for a period as
prescribed in the Constitution.
 Please remember a member is appointed as the Chairman or as a
member of a Public Service Commission is a new appointment.
JOINT PUBLIC SERVICE COMMISSION (JPSC)
 The Joint Public Service Commission is created by an act of

Parliament.
 The JPSC can be created by the Parliament for the establishment of
such a JPSC in pursuance of a resolution to that effect passed by the
state legislatures concerned.
 The JPSC is a statutory body.
WHAT IS A STATUTORY BODY?
 The body that is created by an act of Parliament.
 The JPSC is not a Constitutional body.

 The State Public Service Commissions are mentioned in part XIV

of the Constitution of India.
 The Articles 315 to 323 deal with the composition, appointment,
removal of members, powers, functions and independence of State
Public Service Commissions.
 NOTE: The part XIV and the articles 315 to 323 also deal with
UPSC.
COMPOSITION:
 There is a chairman for JPSC.
 There are other members for JPSC.
QUALIFICATIONS:
 The qualifications of Chairman and members are not specified in
the Constitution.
 But, half the members of the commission must have had 10 years of
service under the Union government or a State Government.
APPOINTMENT:
 The Chairman and the members of JPSC are appointed by the
President of India.
STRENGTH:
 The strength of JPSC is not specified.

 The strength of JPSC is left to the discretion of the President.
TERM:
 The Chairman and members of the JPSC hold office for a term of
6 years
OR
Until they attain the age of 62 years whichever is earlier.
RESIGNATION:
 The Chairman and members of JPSC can relinquish (resign, give
up) their offices by addressing their resignation letters to the
President.
 (The Chairman and members of JPSC submit the resignation letter
to the President).
REPORT OF JPSC:
 The JPSC submits the annual report to the Governor of the
concerned state.
 Please note: The report of JPSC is not submitted to the President).
 The Governor places the report of JPSC before the State Legislature.
 The report of JPSC is discussed in the State Legislature.
The conditions of service of Chairman and members of JPSC are
determined by the President.
The conditions of service of Chairman or members cannot be altered to
their disadvantage after appointment.
REMOVAL:
The Chairman and members of JPSC are removed by the President. (Not
by the Governor).
JPSC if
OR
OR

 The President can also remove the Chairman or a member of JPSC
for misbehavior.
then the President can remove the Chairman or member of SPSC.
President.
 During the course of enquiry the President can suspend the
Chairman or member pending the receipt of the report of the
Supreme Court.
THE CAHIRMAN OF SPSC AFTER RETIREMENT:

 The Chairman of JPSC after retirement cannot be reappointed as
the Chairman of the same JPSC.
 The Chairman of JPSC after retirement can be appointed as
The Chairman of UPSC
A member of UPSC
The Chairman of other SPSC
(JPSC).
A MEMBER OF JPSC AFTER RETIREMENT:

 A member of JPSC after retirement cannot be reappointed as a
member in the same JPSC.
 A member of JPSC can be appointed as
The Chairman of same JPSC.
The Chairman of other SPSC.
The Chairman of UPSC.
A member of other SPSC.
A member of other Joint Public Service Commission.
A member of UPSC.
FUNCTIONS OF SPSC:
 The SPSC conducts the examinations for appointments to the
services of the state.
 The SPSC is consulted on various matters related to
RECOMMENDATIONS:
 The recommendations of JPSC are advisory in nature.

 The recommendations of JPSC are not binding in nature.

getting elected.
102, 190 and 191.
members present.
Independent members
Nominated members
defections.

 Lok Sabha
 Rajya Sabha
 Assemblies

OR
OR

the party.
EXCEPTIONS:
WHAT IS SPLIT?
it is called Split.

as a new party.
is disqualified.
the defectors have no more no more protection under the 10th

schedule.
WHAT IS MERGER?


disqualified.


NOMINATED MEMBERS:

the house.

law.
Courts.

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 The President is mentioned in the Chapter I of Part V of the Indian

 The related articles are from 52 to 78 of the Indian Constitution.

 The article from 74 to 78 mentions about the Council of Minister

and Attorney-General of India.

 ARTICLE 52: There shall be a President of India.

 The President is the head of the Indian state.

 He is the first citizen of India.

 ARTICLE 53: This mentions about the executive powers of the

 All the executive powers of the President are exercised either

directly or indirectly (through the officers subordinate to him).

 ARTICLE 54: The President is elected by an electoral college.

 The President is elected by the elected members of

 State Assemblies of Delhi and Pondicherry. (Since

1992 through 70th amendment).

 ARTICLE 55: This Article mentions about the manner of the

election of the President.

 The President is elected indirectly.

 The election shall be by a secret ballot.

 The election shall be held in accordance with the system of

proportional representation by means of single transferable vote.

 ARTICLE 56: This article mentions about the term of the

enters upon his office.

addressed to the Vice President of India.

 The President continues to hold office until his successor enters

upon his office.

 ARTICLE 57: This article mentions bout the reelection of the

 A person is eligible for reelection to the office of the President any

 ARTICLE 58: This article mentions about the qualifications for

Qualification of a person to contest for the President:

 Should have completed 35 years of age

 Should not hold any office of profit

 Should be qualified for election as a member of the Lok

 Article 71: The disputes related to the election of the President of

Supreme Court is final and exclusive.

 Note: On August 21, 2012 P A Sangma the defeated NDA (National

Democratic Alliance) candidate moved the Supreme Court

Challenging the election of Pranab Mukherjee as President

contending that he was holding offices of profit and hence not

Mukharjee was holding the office of profit like the leader of

Loksabha and the Chairman of Indian Statistical Institute. The

argument is that the lok sabha website was showing Pranab

Mukharjee as the leader of Lok Sabha even after submitting

nomination papers and continued up to July 30, 2012.

 Note: Article 71 also includes the disputes related to the election to

the office of the Vice-President also.

 Security Deposit: 15000/- (Fifteen thousand Rupees). Security

the votes polled.

 Nomination: A candidate for election to the office of the President

must be subscribed by at least 50 electors as proposers and 50

 Note: Before 1998 this was 10 proposers and 10 seconders.

 Each nomination paper should be accompanied by a certified copy

Parliamentary constituency in which the candidate is registered as

 ARTICLE 59: Conditions of the office of the President.

 The President shall not be a member of any house of Union or the

 He shallnot hold any office of Profit

and such emoluments, allowances and privileges as may be

determined by the Parliament by law.

 Free Telephone, water, electricity, rent free furnished

accommodation (Rashtrapati Bhavan)

 Free residence, Medicare, pension to the President’s spouse if the

President dies in office or after retirement.