PARLIAMENT
1) Composition: Parliament consists of President, House of the People (Lok Sabha) and Council of States (Rajya Sabha) (Article 79).Called SANSAD
2.QUALIFICATION-DISQUALIFICATION
1.Indian Citizen 2.Completed 25/30 years
3.Elector in any constituency/in the state from which contesting for Rajya Sabha now removed.
4.Do not hold office of profit-office must be public and profit must be derived
5.Not insolvent-unsound of mind-voluntarily acquired citizenship of other State-so disqualified by any law made by parliament or Anti-Defection.. President has to decide disqualification of all case as per Art.103 after obtaining opinion of Election Commission. Under Anti-defection law Speaker has to decide.
Expulsion – Two cases. Absence for more than 60 days also .
Deposit for election: Rs.10, 000 and Rs.5000 for SC/ST.
3.Readjustment of Constituencies: Art.83 – Impact of 84th Amendment.
4. PREVILEGES:
(a) Not to be arrested in civil case without notice. (b) No arrest for criminal cases within Parliament – if arrested outside Speaker has to informed.
(b) FREEDOM OF SPEECH – ART.105
(a) There shall be freedom of speech in Parliament
(b) Member not liable to any proceeding in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof. This applies to person who are not members but have right to speak or otherwise to take part in the proceedings.
CASE LAWS
a) Keshav’s Singh case – search case M.S.M.Sharma Vs.S.K.S. Sinha
(b) P.V.Narasimha Rao Vs. C.B.I.Case.
5)MEETING OF THE PARLIAMENT:
1.First address after election by President 2.First address every year by President 3.Otherwise when summoned by President/Speaker
6.TERM OF PARLIAMENT
5 years for Lok Sabha and 6 years for Rajya Sabha. During emergency it can be extended by one year for Lok Sabha.
END OF SESSION:
(a) Adjournment (b) Sine – die (c) Prorogation
(b) Maximum 6 months gap between 2 sessions.
QUORUM
Minimum 1/10-Procedures adopted in Parliament
Motion of thanks procedures-not against President
7)JOINT SITTINGS: 108
This is permissible in the following cases. If after passing by one house
(a) Rejected by other house (b) Disagreement in amendment
(c) More than 6 months lapsed from date of receipt.
President alone can summon Joint sitting. It is not applicable to money bill. Once President notify no further discussion on the subject. Joint Sittings is permissible even if (Lok Sabha) is dissolved after reconstitution.
8. MONEY BILL: Art 110
(a) Definition Art.110: Money Bill: It relates to provisions dealing with all or any of he matters. (b) Imposition, abolition, remission, alteration of any tax.
(c) The regulation of borrowing of money or giving of money by the Government of India. (d) Custody of consolidated fund or contingency funds of India – payment of money into or withdrawals of money from the fund.
(e) Appropriation of money out of the consolidated fund of India
(f) Declaring any expenditure to be the expenditure charged on consolidated fund of India or increasing of the amount of any such expenditure.
(g) Any matter incidental to any of the matters above.
(h) Money bill can be introduced only in Lok Sabha on recommendation of president.
The powers of distinguishing money bills or not is vested with Speaker. Rajya Sabha cannot reject money bill. President cannot reject money bill. Definitions of Charged and Voted Expenditure.
9.WHO CAN PARTICIPATE
Apart from elected members the following can also participate Art.88.
(a) Every Minister
(b) Attorney General of India can participate in any proceedings of either house or has right to speak in any joint sitting of the house or any committee of Parliament in which he is named as member. He shall not vote.
10.EFFECT OF PENDING BILLS
(i) All bills pending in Lok Sabha at the time of dissolution whether originating in the house or transmitted to it by Rajya Sabha, lapse;
(ii) Bills passed by Lok Sabha. But which have not been disposed of and are pending in Rajya Sabha on the date of dissolution, lapse.
(iii) Bills originating in Rajya Sabha, which have not been passed by Lok Sabha but are still pending before Rajya Sabha, do not lapse.
(iv) A Bill upon which the Houses have disagreed and the President has notified his intention of summoning a Joint Sitting of the Houses for its consideration prior to dissolution, does not lapse, and may be passed at a Joint-Sitting of both houses, notwithstanding that dissolution has intervened since the president notified his intention to summon the joint-sitting of the houses.
(v) Bills passed by both the Houses and sent to the Preside t for assent do not lapse on dissolution of Lok Sabha.
(vi) Bills returned by the President for reconsideration do no lapse and can be reconsidered by the successive House.
(vii) All other business pending in Lok Sabha viz. motions, resolutions, amendments, supplementary demands for grants etc. at whatever stage, lapses upon dissolution.
(viii) Petitions presented to the House, which stand referred to the Committee on petitions, also lapse on dissolution.
(ix) Motions for approval or modification of statutory rules passed by Lok Sabha and transmitted to Rajya Sabha for concurrence and vice versa also lapse on dissolution of Lok Sabha.
(x) Pending assurances do not lapse and are considered by the Committee on Government Assurances of the new Lok Sabha.
11. SPEAKER
(a) Proterm Article 99. (b) Regular – Election/Vacation.
(c) He is next to V.P. and P.M. He is given higher status than that of the cabinet Minister. His conduct cannot be discussed.
(d) When can Deputy Speaker act as Speaker absent. Vacant – Motion for removal of Speaker.
(e) When can Speaker/Chairman vote: - His removal motion at the first instance and not in case of tie.
POWERS
(a) Conduct business and regulate the proceedings of Lok Sabha.
(b) He is final interpreter of provision of constitution and rules of procedure within Lok Sabha.
(c) His decision in Parliament is final.
(d) Can exercise residuary power, which are not provided.
1.No member can speak unless called upon by speaker. He can ask member to with draw from the house or suspend him.
2.Incharge of Parliament. All the messages of the house are sent or received by speaker. He communicate the decision of the house to the authorities concerned. All the Parliamentary committee of the Lok Sabha are constituted by him. They function under his control and direction. He appoints the Chairman of all the Committee. All controversial matters are referred to him for guidelines. Committees like Business Advisory Committee, Joint Parliamentary committee and Rules committee work directly under the Chairmanship.
He presides over joint sitting. (Art.118) He is responsible for providing various types of facilities to members. Lok Sabha Secretariat functions under his control. He is the ultimate authority of the House. However, he is servant of the house and not its master.
.12. POWERS OF PARLIAMENT
(a) Legislation (b) Executive polit8ical and financial control (c) Surveillance of Administration (d) Control of Public finance
(d) Deliberation and discussion – Representative – Creation Educational and Advisory Role. Control of the function of heads-Removal of officers. Leadership and Training – Other Constitutional Functions.
13. MISCELLANEOUS
1) Constituent assembly acted, as provisional parliament from 26-1-1950 and Tr G.V. Mavalankar was Speaker.
2) Present is 14th Lok Sabha. 12th had short tenure and Fifth had more tenure.1,2,3 and 10th served full terms.
3)Ananthasayanam Iyengar, G.S.DhillonBalram Jhakar, and Balayagi acted twice as Speakers. Jhakar served for 9 years from 1980.
4) Among Dy Speakers P.M. Sayeed acted twice and G.S.Swell acted for 8 years.
PARLIAMENTARY PROCEDURES AND TERMS
1.Parliament is the Legislature of the Union to make Laws which can be made through the following 3 stages.
(a)Introduction in Parliament (b) Passing of Bills by Parliament (c) Giving assent by President.
2.Bills are classified into Money bills and Ordinary bills. Money bills can be presented with previous sanction of President.
3.Ordinary Bills are classified into (a) Government Bills – introduced by Minister. (b) Private Members bill introduced by any member other than Minister.
4.Any ordinary bill before going to President has the following 5 stages.
(a)First reading - introduction of the bill – 7 days notice – getting leave of House for introduction, and publication in Gazette.
(b) Second reading introducer can make any following proposal.
(i)The Bill be put through second reading.
(ii) Sent to Select Committee of the House.
(iii) Without consent of other house to joint select committee.
(iv) Public opinion be sought.
c. Committee stage:
A committee will be formed which go through each and every provision and suggest modification/amendment.
D Report State:
It will be considered by the House and may reject or modify the suggestions through voting.
(e) 3rd Reading Bill: As a whole discussed and voted.
5.Subordinate Legislation or Delegated Legislation – meaning – 4 Advantages. 1.Parliament has no time 2.They cannot deal technical or specialized matter. 3.Enable flexibility 4.Useful in emergencies and situation.
(b) Control Mechanisms 1.To be in accordance with the Constitution 2.Can be cancelled by Parliament 3.Scrutinised by committee on subordinate legislation.
6)Financial Terms:
1.Consolidated fund of India: all revenue receipts, all loans raised by Government and loans by means of advances, and amount received by repayment of loans – Art.266.
2.Contingency fund Art.267 to meet unforeseen expenditure – at the disposal of President.
3.Vote on Account Art.116: 1.Grant in advance before the passing of appropriation bill.
4.Vote on Credit unexpected demand of indefinite character.
5. Exceptional grant to meet the expenditure, which forms no part of current service.
6. Supplemental grant: additional requirement than amount voted.
7. Additional grant: Additional amount required due to new service.
8. Excess grant amount spent over and above voted.
9. Demands of various Ministries being discussed and voted on each department.
10.No expenditure can be spent without authorization by Parliament.
11.Two separate budgets in India – Railway Budget separated 1921.
12. Budget is called Annual Financial Statement as per Art.112 and it is the estimate of receipts and expenditure of the Government.
13. Amount can be spent from the consolidated fund as (a) Voted (b) charged.
14. Following are charged.
Emoluments and Allowances of President, Chairman, Deputy Chairman (RS), Speaker and Deputy Speaker Lok Sabha, Debt Charges including interest.-Salary and Pension of Supreme Court Judges, Pension payable to Judge of High Court: Salary of CAG, Amount required to satisfy any judgment decree or award of any Court or Tribunal and other expenditure declared by Constitution (UPSC).
15.Appropriation Bills: Art 114- various demands voted by the house and amount charged are presented and passed- cannot be rejected.
16.Finance Bills: Which authorize taxing
17.Cut: Cuts may be either (a) Economic Cut – specified amount.
(b) Token cut Rs.1/- or 100 etc., (c) Policy cut –
Amount can be decreased cannot be increased.
7) Procedures in Parliament:
1.Question Hour from 11 A.M. to 12 A.M. – Following 3 types of questions are asked (Even to private members)
(a) Starred Questions – to be answered orally and through questions can be asked which are called supplementary questions.
(b) Unstarred questions to be given by writing -no supplementary questions.
(c)Short notice question – less than 10 days notice on matters of urgent public importance.
2Half an hour discussion: On 3 days after the session is over in the evening.
3. Zero Hour– Indian innovation – from 12 PM to 1 P.M.
4. Short duration discussion: Started in 1953 by convention- to be signed by 2 Members and discussion on Tuesday and Thursday – 1 hour in Lok Sabha and 2 ½ hours in Rajya Sabha – no voting – only by motion and resolutions.
5. Adjournment Motion: Attention of the House to urgent public importance- 50 members consent required – discussed for 2 ½ hours from 4 PM – it is criticism of the Government no fall of the Government.
6Calling attention notice-Indian practices from 1954 – alternative to adjournment motion no voting.
7. Point of Order: The House is deviating from established rules.
8. No confidence motion to be brought by 50 members and only against council and not against single Minister – no ground need be satisfied.
9. Censure motion it may be against a individual Minister satisfying grounds. A day will be decided gradually. It is admitted as no – day – yet named motion.
10.Mention under rule 377. Matters which are not points of orders or which can not be raised under rules relating to questions, short note question etc. are raised under rule 377.
11. Motion: A motion is a proposal brought before the house for eliciting decision or expression of the House.
(a) They are basis of Parliamentary proceedings. They can be moved by different persons for different purposes including by Ministers. Government motion relate to obtaining approval of the House for some policy action.
(b) Motions are (i) Substantive motion – self-contained independent proposal – motion of thanks, impeachment etc. (ii) Substitute motion, which are substitute of the original motion and proposing alternative to it.
(iii) Subsidiary Motion: Which are of three kinds Ancillary motion or superseding motion or amendment. No date yet named motion is (1) which Speaker has admitted but no date has been fixed
12.Resolutions. It is one of the procedural motions available to raise a discussion in the House on a matter of Public General importance they are termed as Private Members Resolution and Government Resolutions – Statutory resolution.
(b) Difference between motion and resolution. All resolutions come into category of Substantive motion that is to say every resolution is a particular type of motion. All motions need necessarily be substantive. Further all motions are not necessarily put to vote of the House whereas all the resolutions are required to be voted upon.
13.Lame Duck Session: Last session of Lok Sabha at the end of 5 year term.
14) Tenure of Lok Sabhas of the past
lPresent is 14th Lok Sabha.Details Houses which went through full term, premature etc, given below
1) Lok Sabhas which served the whole tenure of 5 years-Four- 1st, 2nd,3rd(1952-57-62-67),10th(1991-1996)
2)Lok Sabha which were dissolved prematurely due to loss of confidence-Three-, 9th, 11th 12th-PM who lost the confidence for the first time was V.P.Singh
3) Lok Sabha which was dissolved premature for early elections even though it was not defeated---Five—4th, 6th 7th 8th 13 th
4) Lok Sabha which served more than 5 years term- 5th from 1971-1977
PARLIMENTARY COMMITTEES
1.They are constituted by Speaker/Chairman and Members are either appointed or elected. b.Term of Office is normally one year or as mentioned in the Constitution of Committee.
c.Quorum is 1/3rd of total Members. d.Committees are classified into
a.(i)Standing Committees (ii)Ad hoc Committees
b.(i) Common Committees in Both Houses (ii) Joint Committes-Committee containing Members of both Houses (iii) Committee exclusively from Lok Sabha
Following are the important Committees
1.Public Accounts Committee; constituted in 1923 - Consist of 22 Members – 15 from Lok Sabha and 7 from Rajya Sabha – Rajya Sabha Members can not vote. Ministers cannot be Members. From 1967 Member of opposition is Chairman. It has following important functions:
i) Examine Public Accounts of Government of India and report of CAG.
ii)Examine Whether money has been spent as authorized for the purpose. Point out waste- corruption – inefficiency etc.
iii)However it is not concerned with the policy making.
2.Estimate Committee created in 1950 with 30 Members all from Lok Sabha and if Deputy Speaker is Member, he becomes Chairman. Its functionsare
I.What economy, Improvement needed. II.Examine whether money is well laid out within the limit of the policy. III.Suggests alternative policy. IV.Suggests the form in which estimate shall be presented. However it will not prepare the estimate.
3.Committee on Public Undertakings – created in 1963.
On the recommendations of the Krishna Menan –22 Members and 15 from Lok Sabha. Every year 1/5 Members retire. The Chairman from Lok Sabha. It examines report and Accounts of Public Undertakings and considers the report of CAG on Public Undertakings. It also examine whether affairs of Public Undertakings are properly managed.
4.Business Advisory Committee ---- Constituted in both the Houses with 15 Members. Speaker or Chairman act as Ex-Officio Chairman -allocate the business of the house.
5.Committee on Private Members Bill and Resolutions - Lok Sabha Committee with 15 Members and chaired by Deputy Speaker.
6.Committee on Petitions – Separate Committee under both Houses. Ministers cannot become a Member.
7.Committee on Privileges - Separate Committee in both Houses.
8.Committee on Subordinate Legislations. Committee on both Houses. Ministers cannot be Member
9.Committee on Absent of Members from the sitting of House - .Not constituted in Rajya Sabha.
10.Rules Committee – In both Houses – Speaker or Chairman as Ex-officio Chairman.
11.Committee on Welfare of SC/ST – Joint Committee of both Houses with 20 from Lok Sabha and 10 from Rajya Sabha.
12.Committee on Science and Technology - Joint Committee with 15 from Lok Sabha and 7 from Rajya Sabha.
13) COMMITTEE ON EMPOWERMENT OF WOMEN
On the occasion of International Women's Day on 8th March, 1996, two identical resolutions for constituting a Standing Committee of both the Houses for improving the status of women were moved in the Rajya Sabha and the Lok SabhaThe Committee consist of 30 Members, 20 nominated by the Speaker from amongst the Members of Lok Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the Members of the Rajya Sabha. A Minister cannot be nominated a Member of the Committee and if a Member after his nomination to the Committee is appointed a Minister, he ceases to be a Member of the Committee from the date of such appointment.
14) COMMITTEE ON MEMBERS OF PARLIAMENT LOCAL AREA DEVELOPMENT SCHEME (MPLADS)
The Committee on Members of Parliament Local Area Development Scheme (Lok Sabha), an ad hoc Committee was constituted for the second time on 7 Janaury, 2000 under the discretionary powers of SpeakerA Minister is not eligible to become a Member of the Committee. If a Member after his election to the Committee is appointed a Minister, he ceases to be a Member of the Committee from the date of such appointment. The term of the Committee does not exceed one year. Functions (a) to monitor and review periodically the permormance and problems in implementation of the MPLADS Scheme (Lok Sabha); (b) to consider complaints of memebr sof Lok Sabha in regard to the Scheme; and (c) to perform such other functions in respect of the MPLAD Scheme as may be assigned to it by the Speaker from time to time.
Over all Analysis:
1.Estimate Committee, Private Members Bill and Absent of Members are only from Lok Sabha.
2.PAC, Public Undertakings Committee, SC/ST Committee and Science and Technology Committee are Joint Committees.
3.Business Advisory Committee and Rules Committee are headed by Speaker.4.Ministers cannot be Members in Public Accounts Committee, Committee on Subordinate Legislation and Committee on Petitions, Women Empowerment MPLADS
They can also be classified on performance basis.
1
Finance Committees
PAC, Estimates Committee, Public Undertakings
2
House Committees
Business Advisory, Rules, Pvt Members Bills, Absent of Members
3
Enquiry Committee
Privilege, Petitions
4
Scrutiny Committees
Subordinate Legislation, SC/ST, Papers laid on the Table,
5
DeptRelatedCommittees to scrutinize Demands of various Depts
17 – consist of 30 from Lok Sabha and 15 from Rajya Sabha—6 constituted by Chairman Rajya Sabha and 15 by Speaker.
UNION JUDICIARY
INTRODUCTION
The division of powers between 2 wings is made by a written Constitution, which is the Supreme Law of the Land. Since language of the constitution is not free form ambiguities, its meaning is likely to be interpreted differently by different authorities at different times; it is but natural that disputes might arise between the Centre and its constituent units regarding their respective powers. Therefore, in order to maintain the Supremacy of the Constitution, there must be an independent and impartial authority to decide disputes between the Centre and the States or the States inter se. This function can only be entrusted to a judicial body.
2. Composition: – Originally 7-now 25 (from 1986) + Chief Justice
3.Appointment: Art 124 – Position before case of S.C. Bar Association Vs Union and after – By President – Eligibility – 5 Years Judge in High Court – 0r 10 years as advocate in H.C. – eminent jurist
4.Chief Justice/Seniority: 1)Art 124 executive power of President and he has full discretion 2) Law Commission recommendation 3) Executive to consider mental outlook or the social philosophy of judges. All relevant in todays context.
5.Guidelines of Supreme Court: In appointment and transfer of Judges
(1) Individual initiation of high constitutional functionaries in the matter of Judges appointments reduced to minimum. It gives primacy to Chief Justice of India but puts a rider that he must consult his two colleagues.
(2) Constitutional functionaries must act collectively in judicial appointments.
(3) Chief Justice of India has the final say in transfer of Chief Justice and judges of High Courts.
(4) Transfers of Chief Justices and Judges of High Courts cannot be challenged.
(5)Appointment of the Chief Justice of India by seniority.
(6)No judge can be appointed by the Union Government without consulting the Chief Justice of India.
(7)Fixation of the strength in High Courts is justiciable.
(8)Supreme Court decision in S. P.Gupta v. Union of India, case overruled. The majority judgment of the Supreme Court on the appointment and transfer of the judges have undone the serious injustice, which was done to the judiciary in the S. P.Gupta’s case and restores to it the rightful place for its freedom an independent functioning.
6.Removal of Judge: Procedure – proved misbehavior or incapacity. Judge Ramaswami case 50% total membership present and 2/3 voting.
7.Jurisdiction of the Supreme Court:
(a) Court of Record: Article 129 makes the Supreme Court a court of record and confers all the powers of such court including the power to punish for its contempt. A court of Record is a Court whose records are admitted to be of evidentiary value and they are not to be questioned when they are produced before the Court. Once a court is made a Court of record, its power to punish for contempt necessarily follows from that position. The power to punish for contempt of court has been expressly conferred on the Supreme Court by our Constitution. This extraordinary power must be sparingly exercised only when the public interest demands.
(b) Original Jurisdiction: Article 131 – The Supreme Court has original jurisdiction in any dispute: (a) between the Government of India and one or more States; (b) between the Government of India and any state or States on one side and one or more other States on the other; (c) between two or more states – not for treaty or agreement prior to independence and water disputes.
(c) Appellate jurisdiction: The Appellate jurisdiction of the Supreme Court can be divided into four main categories:-
(a)Constitutional matters (b) Civil Matters (c) Criminal matters (d) Special leave to appeal – Art.136.
8.Advisory Jurisdiction – Art.143: Two matters – treaty etc. bound – general S.C. not bound.
9.Law declared by Supreme Court-is binding on all the counts–Art 141.
10.S.C. not bound by its own decision-Bengal Immunity case.
The Allahabad Bombay and Karnataka High Courts have held that the Obiter Dicta of the Supreme Court is also “Law” within the meaning of Artr.141 and hence binding on all courts. It can review its own decisions (137).
11.Miscellaneous: (a) Acting Chief Justice to be appointed by President from Supreme Court Judges – 126
(b) Adhoc judges by Chief Justice with previous consent of President C.J. of High Court from Judges of High Court who is qualified Art 127.
(c) Attendance of retired Judges in Supreme Court by C.J. with consent of President – any retired Supreme Court or High Court Judge – Art 128.
(d)Seat of Supreme Court at Delhi or any other – Art 130.
(e) 1 Enlargement of Jurisdiction of Supreme Court and more units of Parliament law – Art 138 & 139.
(f) Transfer of cases from High Court to Supreme Court or between two High Courts by Supreme Court – Art 138 A.
(g)Age of Supreme Court Judge should be determined by such authorities and such manner Parliament may provide –15th amendment.
12.How Independence of Judiciary Maintained:
(1) Security of tenure (2) Salary of Judges fixed, not subject to vote of Legislature (3) Parliament can extend, but cannot curtail the jurisdiction and power of the Supreme Court. (4) No discussion in Legislature on the conduct of the Judges (5) Power to punish for its contempt. (6) Separation of Judiciary from Executive (7) The Executive with the consultation of Legal experts appoints Judges of the Supreme Court. (8) Prohibition on Practice after Retirement.
High Courts in the State:
1.Appointment is made by President after consulting Chief Justice of India and High Court and Governor of the State.
2.He shall have put in 10 years Judicial Office or 10 years practice as Advocate of High Court. Maximum age is 62.
3.After retirement he can practice only in Supreme Court and in other High Courts.
4. Art.222, President can transfer Judges after consulting Chief Justice of India.
5.Art.224 additional – acting judge may be appointed by President for 2 years if there is temporary increase in the business of High Court or by reason of arrears.
6.As per 224 A-retired Judge can be appointed in High Court by Chief Justice of High Court with previous consent of President.
7 226 Writ powers is given – provision of stay without hearing other party 8.Jurisdiction of High Court to Union Territories can be made by Parliament and Parliament can establish one High Court for 2 or more states.
9.As on date 21 High Courts are in existence. Calcutta, Madras and Bombay were established in 1862 – Allahabad in 1866 – Karnataka in 1884. Patna in 1916 and Jammu and Kashmir in 1928. Gauhathi, Chandigarh, Bombay High Courts serves 2 or more states. The following High Courts have benches also. Allahabad, Bombay, Calcutta, Guwathi, Jabalpur, Patna and Jodhpur in Rajasthan.
STATE-CENTRAL RELATIONSHIPS- ART 245-263
1) Legislative relations are contained in Art 245-255 and administrative relations are contained in 256-263. Financial aspects and distribution of revenue and finance Commission are contained in Part XII from 264-300 A.
2) Art245 Parliament can make law for whole part of India including extra territorial and State can make law for the whole or part of state.
3) Art 246 Law making power under three lists for union territories-pith and substance-Prafulla Vs Bank of Commerce-Areas where disputes likely to arise-co-op. society-preventive detention, stamp duties, Mines, Essential Commodities.For UT Parliament
b) 247;Parliament to establish addl courts for trying caseds under Union List.
4) Art 248:Residuary powers of legislation: If not in any list Parliament can make law including law imposing a tax not mentioned in either of those List.
5) Art 249 When can Parliament legislate on State List: (1) If Rajya Sabha declares by 2/3 that it is necessary or expedient in the national interest-Parliament can make law (2) Remain in force for 1 year-can be extended by another year through same process (b) During Emergency-ceases on expiry of 6 months after emergency-Art 250. (c) Art 252: Parliament can make for 2 or more States if passed by those States-any amendment to those can be made only by Parliament. (d) Art 251-Inconsistency on Laws made under 249 or 250 – Parliament Act prevails.
(6) Art 253: Legislation to give effect to international agreements or treaty-Parliament.
(7) Art 254:Any inconsistency in State Law with central law only Union Law can prevail-However if any portion is repugnant-can get President’s assent and that will prevail.
(8)Art 255: Requirement of recommendation and –previous sanction not necessary if assent is given.
ADMINISTRATIVE RELATIONS-ART 256-263
1) Art 256: Executive power of the State to be exercised subject to union laws.Union can give direction.
2) Art 257:State not to impede power of Union-Control of Union over state-3 occasions-general-military-railways.
3) Art 258:President can confer certain powers of Union.
4) Art 258 A: Governor can entrust with concurrence of Union of India State powers.
5) Art 260:Govt. of India by agreement with any other territory exercise all the 3 functions.
6) Art 261: Public acts, records and judicial proceedings shall be given full faith and credit. Final judgments or orders delivered or passed by civil courts can be executed any where in the territory.
7) DISPUTES RELATING TO WATER-ART 262
Parliament by law provide for adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of or in any inter State River or river valley. Parliament may also provide that neither Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint. Inter States Water Disputes Act 1956 is legislation. But the Supreme Court can direct union to fulfill its statutory obligation under sec.4 of Act.
8)COORDINATION BETWEEN STATES-INTER STATE COUNCIL-ART 263
President can if it appears that public interest would be served-Duties of councils. (1) Inquire into and advise upon disputes arisen between States (2) Investigate and discuss subjects in which some or all States or Union have a common interest (3) make any recommendation on any subject for the better coordination of policy and action with respect to that subject. President can establish such a council and to define the nature of the duties to be performed by it and its organization and procedures. Supreme Court can give direction on a writ of mandamus if not constituted – further held interim relief can be granted by council/T.N. Cauvery Sangam Vs Union of India.
Council created in 1990 by President with PM as chairman, all CMs as members and 6 Union Cabinet Ministers. Regularly meet in Delhi- last at Srinagar for the first time
b) Zonal Council- SRC- 5 councils- Union HomeMinister Chasrman
c) NE Council- 1994 constituted
FINANCIAL RELATIONS-PROCEDURES-PART XII 264-300A
Art 265: No tax can be levied except under authority of Law- 75 days provisional collection of tax allowed.
1) Art 266:Consolidated Fund and Public Accounts of Union and States
2) Art 267:Contingency Fund-at the disposal of President or Governor.
3) Art 268 to 272-Distribution of Taxes between States and Centre. Surcharge to Union
(i) Levied by Union but collected and apportioned by States- Stamp duties and excise on medicinal and toilet preparation
268A- Service Tax included under Union List s per 88th amendment.
(ii) Levied by Union but assigned to States-taxes on sale or purchase of goods and taxes ob consignment of goods. under Art 269
(iii) Levied, collected by Union but distributed between both- All taxes levied by Union under Union List other than agricultural income tax 80th amendment.- Art270. Entire surcharge on taxes too Union. As per Art 272 other excise duty may be distributed if Parliament makes law.
4) Agricultural income tax and allied can be presented only with the prior recommendation of President (5) Grants in Aid Art 275- to be determined by Finance commission and allocated by parliament. It is for welfare programmes of SC/ST.- for Administration of areas under Schedule5 and 6. As per Art 273 for jute export duty for assam, Bihar, Orissa abd West bengal (6) Profession Tax-Art 276 (7)Art 280: Finance Commission-to be constituted once in 5 years. Duties of Commission.(1) Distribution of net proceeds of taxes between Union and State (ii) Principles governing grants in aid, (iii) other referred to Commission by President (iv) to augument the consolidated fund of the Stateto supplement the resources of Panchayats and Minicipalities.
281: President to lay FC report before both Houses.
292 and 293- Powers of borrowing by Union and State- condition for State
299- Contracts- In the name of president or governor- but not persoanally liable
300- Suits- only against Union or State- soverign Immunity
300A- Right to property- cannot be deprived except under authority of Law.
ELECTION COMMISSION- Art 324-329 Part XV
Composition: One C.E.C. Tandon-Two members Tr and Gopalaswamy –Naveen Chawla.Art324 empowers appointment of such number of other commrs as decided by President – If more commrs appointed C.E.C. to act as Chairman, Regional Commrs for assembly elections also-Two Addl. Commrs during 16.10.1989 and ended on 1.1.90. Again on 1.10.93 two addl commrs appointed. It is a constitutional body established on 25.1.50.
Appointment and Tenure: By President-6 years or attain 65 years-same status and salary as S.C.Judge-Removal –C.E.C.-like S.C.Judge-other E.C. by President on the recommendation of C.E.C.
Electoral Laws: Representation of the People Act 1950, which mainly deals with preparation and revision of electoral rolls-R.P.Act 1951 – deals in detail all aspects of conduct of elections and post election disputes. If any election law is silent E.C. has a residuary power to act in appropriate manner.
Powers and Functions: 1) Superintendence, direction and control of the preparation of electoral rolls-and conduct of elections for Parliament-Legislature-President and V.P.
Who can vote: Art 325 and 326-universal adult suffrage-any citizen over the age of 18 years can vote-no discrimination by religion, race, casteor sex. However non-residence, unsoundness of mind, crime or corrupt or illegal practice are disqualifications for registration as voter. Parliament and assemblies given powers under Art 327 and 328 to make laws for certain aspects relating to election.
Election Petitions Art 329: Originally Special Election Tribunals-abolished in 1981 – As per Art 323B can be created but not done-Now High Court can hear.
Reservation: For Lok Sabha 79 seats are for SC and 41 for ST.
.Other Functions: Opinion on disqualification-declaration of result-taking any person for election work on deputation-direction to any candidates-allocation of symbols-recognition of parties- procedures- 6 national parties and 48 Regional parties.upervising elections-election observes-constitution notification.
Deposit: Every candidate has to make a deposit of Rs. 10,000/- for Lok Sabha election and 5,000/- for Rajya Sabha or Vidhan Sabha elections, except for candidates from the Scheduled Castes and Scheduled Tribes who pay half of these amounts. The deposit is returned if the candidate receives more than one-sixth of the total number of valid votes polled in the constituency. Nominations must be supported at least by one registered elector of the constituency, in the case of a candidate sponsored by a registered Party and by ten registered electors from the constituency in the case of other candidates
President: 50 eligible voters to propose and 50 to second- for VP 20 to propose and 20 to second.Deposit Rs15,000- if more than 0ne nomination paper one amount is enough.
PART 16 SPECIAL PROVISIONS RELATING TO SC/STs.
1)Art.330 – Reservations for SC/ST in Lok Sabha in proportion to their – Population 2)Art.331 – President can nominate not more than two members of Anglo Indian Community to Lok Sabha. 3)Art.332 – Reservation for SC/ST in State Assemblies. 4)Art.333 – Nomination of Anglo Indian in State Assemblies – One Member. 5)Art.334 – Originally reservation was for 20 years. From 1970 it was extended every 10 years. Now it is up to 60 years (2010).
6)Art.335 – Reservation of SC/ST in Promotion under Union or State-consistent with maintenance of efficiency. As per 82nd Amendment cut of marks can be lowered for SC/STs. 7)Art.338 – National Commission for SC/STs. As per Amendment 338A – Commission for STs. was created. 8)Art.340 – President can appoint Commission for Backward Classes. Originally it appointed in 1952, which was Kaka Kalelkar Commission. Second Backward Commission in 1978. Now Ram Surat Sing has recommended enhancement of limit creamy layer to 2.4 lakhs. 9)Art.341. Scheduled Caste – President to notify in consultation with Governor. Any subsequent modification shall be made by Parliament.
10)Art.342 STs - As above.
PART 17 OFFICIAL LANGUAGES
1. It is Hindi in Devnagri script. English can continue up to first 15 years.
2. President to constitute Official Language Commission and there shall be Committee of Parliament on Official Languages.
3. Art.345 – Legislature of States may By-Law adopt any one of the languages used in the State or Hindi as official language
4. Art.348 – Language of Supreme Court is English.
5. Art.350 – Representations for redressal of grievances maybe given in any of the language used by Union or State.
6.Art.350A – Children belonging to linguistic minorities can have primary education in their mother tongue – added through 7th Amendment.
7.Art.350B – Special Officer for Linguistic Minorities.7TH AMENDMENT
PART 18EMERGENCIES ART 352 TO 360
There are 3 kinds of Emergencies.
1) National Emergency Art 352 2)Failure of Constitutional Machinery in the State Art 356 3)Financial Emergency Art 360; They are contained in Part 18.
National Emergency
A] Can be proclaimed by president for war or external aggression or armed rebellion.Internal disturbance removed through 44th amendment.
B] He can proclaim only if communication is received from cabinet of ministers in writing(44th amendment). It has to be laid before the Parliament and ceased to operate at the expiration of one month if not approved.
Proclamation so approved ceased to operate on the expiration of a period of 6 months from the date of passing 2nd of the resolution. To be passed by special majority. If no continuance is intended or want to disapprove the continuance 1\10 of the total members to give representation to Speaker\President.Freedoms under Art.19 Automatically suspended and President can curtail any fundamental rights other than Art.20 & 21.
Art 355: Union has to protect the States against External aggression or internal disturbance and to ensure the States run in accordance with Constitution. Failure to comply with is ground for invoking President’s rule as per 365.
Art 356.
If President receives report from the Governor or otherwise and he is satisfied that a situation has arisen in which the Government of the Sate can not be carried on in accordance with the provision of the constitution this can be proclaimed. It ceased to operate at the expiration of 2 months unless before the expiration of that period, it has been approved by both the House and Parliament. Proclamation so approved and ceased to operate on the expiration of period of 6 months. No State can be under president Rule for a period beyond three years except during emergency a or election Commission certifies that it is not practicable to conduct election. Punjab under 356 for 5 years from 1987.
A] National Emergency in operation b] Election Commission certify that the continuances is necessary on account of difficulties in holding General Election to the Assembly.
Art360 Financial emergency: president can proclaim throughout India or part thereof if there is threat to financial stability. To be approved within 2 months by Parliament. During the period salaries, of Judges, Govt servants can also be reduced. Money bill of State requires President’s assent for presentation.
PART 20 AMENDMENT TO CONSTITUION ART- 368
1.Kind of amendments may e rigid or flexible –Definition
2.Methods in USA –Initiation-ratification
3.In India there are three methods
[a]With Simple majority
I. Formation of new States II. Citizenship III. Executive powers in the States
IV. Second Schedule relating to salaries and allowances of officers created by constitution. V. Parliamentary privilege VI. Number of judge to the Supreme Court VII. Composition of State Legislative Council
VIII.Use of English language in general as well as Supreme Court and High Court. IX. S Schedule 5 and 6 administration of schedule are, S.T. and Tribal areas
[b]With twos third majority and ratification by 50% of the State.
They are (1) Election of President ii)Executive Power of the Union\State iii)Supreme Court and High Court iv) List in 7th Schedulev)Representation of State in Parliament vi)Provision of Article 368
[c]Not covered by above by 2\3rd Majority
IMORTANT AMENDMENTS
1.7TH Amendment – State reorganization
2.24thAmendment - Amend Art, 13 & 368 – Passed to nullify Golaknath – 1971
3.25th Amendment – 31 C- 1971 Bank Nationalisation
4.26th Amendment – 1971 abolition of Privy Purses
5.39th Amendment – 1975 – Election of Certain High Dignitaries not to be questioned in Court.
6.42th Amendment – 1976 –Mini constitution
7.43rd Amendment – 1977 Restoration of jurisdiction of Supreme Court and High Court curtailed 42nd Amendment.
8.44th Amendment – 1978 – Repealing all the unwarranted things made by 42nd amendment 9.52th Amendment –1985 – Anti defection
10.61st Amendment – 1989 – Reducing Voting age from 21 years to 18 years.
11. 71st Amendment – 1992 inclusion of Konkani, Manipuri and Nepali in 8th Schedule 12. 73rd Amendment – 1993 – Panchayat Raj
13. 74th Amendment - 1993 – Urban local bodies.
14. 79th Amendment 1999 Extending Reservation for SCs\STs for next 10 years
15. 80th Amendment – 2000 – Alternative scheme for sharing taxation – between Union and State based on 0th Financial Commission Recommendation.
16. 81st Amendment – 2000 –filling of Vacany ofr SC\ST Art 16.
17. 82nd Amendment – 2000 – Art 335 – Relaxation in qualifying marks for SCs\STs 18. 83rd Amendment – 2000 – Art 243 M – No Reservation for SCs in Panchayat Raj at Arunachala Pradesh
19. 84TH Readjustment of Continuances 20. 85th – Act 164 (A) with consequential seniority 21. 86th Amendment Art 21 A. 22-88-service Tax
24-89- National commn for ST 23-91- Antidefection-Schedule X 24-92- 4 languages added
MISCELLANEOUS
1)Art.361 – President and Governor immuned from criminal liabilities.Now Supreme court has given a verdict on dispensing with immunity for malafide acts.
2)Art.370 – Special provision for Jammu and Kashmir. The details are given below:
A.Parliament can make Law to the States only with the consultations of the State.
B.Art.1 shall not apply. C.Part 6 will not apply.C.President can declare this Art. to be non operative on the recommendations of Constituent Assembly of the State
FEATURE OF JAMMU AND KASHMIR CONSTITUTION.
1. Instrument of accession on 26.10.47.
2. Year of Constitution 1956 – came into effect 26.1.57 - 12 Parts and 147 Arts.
3. Preamble – To secure ourselves - equality not mentioned.
4. Jammu and Kashmir integrated part of Union of India.
5. Governor was called Sadar-I-Riyasat and Chief Minister was originally termed as Prime Minister. Governor can proclaim his own rule.
Art.371 – Special Provisions Maharashtra and Gujarat on Education etc.
For Vitharpa, Swarashtra and Kutch.
Art.371A – For Nagaland with respect to religious or social practices or Naga Customary Law.
Art.371B – for Assam. Art.371C – for Manipur Art.371D & E – for Andhra Pradesh Art.371F – for Sikkim Art.371G – for Mizoram
Art.371H – for Arunachala Pradesh. Art.371I – for Goa.
WARRANT OF PRECEDENCE PROTOCOL
1)President 2) Vice president 3) Prime Minister 4) Governor within the States.5) Former Presidents 5a- Dy P.M. 6) Chief Justice of India , Speaker of Lok Sabha 7) CMwithin States, Cabinet Ministers, Dy Chairman P.C. Former Pm, Leaders of opposition Lok Sabha and Rajya Sabha 7a- Bharat Ratna holders 8. Ambassadors, CM outside the State, Governors outside States 9. Judges of SC 9a Chief Election Commr- CAG 10- Dy Chairman Rajya Sabah-Dy Speaker Lok Sabha- Ministers of Sytate- Dy CM of States- Members Planning commission
11-Attorney General- CAG Lt governors within UT 12) Chiefs of Staff holding full General 17- Chairman UPSC 21- Members of Parliament
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