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Indian Polity G

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EMPERIND

on 15 February 2018

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Transcript of Indian Polity G

INDIAN POLITY
The Company Rule is also termed as Company Raj in India.It is the rule of British East India Company which entered in India with a sole purpose of trading .
COMPANY RULE IN INDIA
The company, after the Battle of Plassey, in which Bengal
Nawab Sirajuddullahsurrendered
his dominion to the company, gained the Diwani.
This Diwani system gave them right to collect revenue in Bengal and Bihar provinces .
Following to this, the Company enacted some Acts which helped them to enhance their dominance and deepen their roots in the Indian Subcontinent.
The Company Rule started in
1773
with the enforcement of its
first Act and lasted till 1857
.
1 . REGULATING ACT OF 1773
The Act proved to be of great significance for the Indian constitution, as it gave the powers to the British East India Company to interfere and look after the Official State Affairs of India .
The Act drafted proper political and administrative functions of the company.
The company introduced its capital in Calcutta and also introduced a Supreme Court having one chief justice and three other judges .
The Governor of Bengal, Warren Hastings was made first
Governor-General of Bengal
.
Under this Act, an Executive council of four members was also created to assist the Governor-General
.
The Court of Directors (
a governing body
) was also introduced to keep an eye on the revenue collection,military and civil affairs of the company. This ensured the control of British Government over the Company
2 . PITTS'S INDIA ACT OF 1784
With an aim to fill the loopholes of

Regulating Act of1773
,
British Government enforced
'Pitt's India Act' in1784
.

This Act, for the first time, differentiated the political and commercial functions of the company. Thus, anew governing body came into existence to look after the political affairs.
The existence of this new body left previously formed' Court of Directors' to manage the commercial issues of the Company
3
.
CHARTER ACT OF 1883
This Act is also known as 'Saint Helena Act' or'
Government of India Act of 1833
'. The Act was enforced to give the lease of more
20 years to the East India Company
.
Along with the lease extension, the British Government also restructured the functioning of the Company.Thus, due to this assessment, the company was called to shut down its commercial activities and it remained purely an administrative body
Under this Act
,
the Governor-General of Bengal
was made the Governor-General of India with all military and civil powers. William Bentick was appointed as the first Governor-General of India .
The Act also created a fair chance for the Indians to hold various posts, office or employment. But it couldn't get converted into a law, as it was rejected by the
'
Court of Directors
' .
4 .
CHARTER ACT OF 1853

The Act was the last in the series of Charter Acts passed by the British Government .
The Act distinguished the executive and legislative functions of the Governor-General and also added six new members to his council. These new member were designated as the legislative councillors, and led to the formation of a separate legislative council
Enforcement of this Act promoted the local representation in the Indian legislative council. Out of six newly appointed members, four belonged to the provincial governments of
Bombay, Bengal, Madras
and
Agra .
The Act also increased the company's lease of ruling the Indian territories, but unlike previous Acts, there was no specific time period decided for that.
5
.
THE CROWN RULE 1858-1947

The enforcement of '
The Crown Rule
' or '
The Government Act of India
' was followed by '
The Sepoy Mutiny
', the first revolt for
Independence in 1857 .
This led to the liquidation of the
East India Company
and transferred its all powers of governance and revenues to the British Crown
.
The provisions of this Act changed the post of Governor-General of India to Viceroy of India. Lord Canning became the first Viceroy of India.
The Act paved way for the better control by abolishing the working of two governing bodies
- '
Court

of Directors

'
and
'
Board of Control
',
and introducing acentralised approach
.
Along with these, a Secretary of State was also appointed, having complete control over the administration of India
. A
15-member council
was also introduced to work as an advisory body of Secretary of State .
Thus
,
under this Act of 1858
,
many reformations were made in the administration and thus, the Act is also termed as the Act for the Good Government of India .
CONSTITUTION OF INDIA
PREAMBLE
WE,
THE PEOPLE OF INDIA
, having solemnly resolved to constitute India into
SOVEREIGN, SOCIALIST,

SECULAR,DEMOCRATIC, REPUBLIC
and to secure to all its citizens : JUSTICE, social, economic and political
LIBERTY

of thought, expression, belief, faith and worship
;
EQUALITY
of status and of opportunity
;
FRATERNITY
assuring the dignity of the individual and the ′
unity and integrity of the Nation
′ .
FRAMING OF THE CONSTITUTION
The idea to have constitution was given by
M.N. Roy
(
A Pioneer of communist movement in India
) .
The present constitution was formed by the Constituent Assembly of India set up under the cabinet mission plan of

May 16, 1946 .
The Indian Constitution is the largest ever written legal document in the world. It took exactly

2 years, 11months

and

17 days

for the constituent assembly to complete the text of the constitution

from the date of its first meeting
December 9, 1946
to its last meeting on
November 26, 1949 .
Constitution of India consists of a preamble
,
25 parts containing 448 articles
,
12 schedules, 5
appendices and
101 amendments .
The Cabinet Commission (1946) comprised three labour party cabinet members
-
Lord pet Hick Lawrence
,
Sir Stafford Cripps

and
A.V. Alexander
,
who recommended the formation of an interim government and the creation of constitution
.
The Interim Government was setup under

Pandit Jawahar Lal Nehru

and a constituent assembly was formed against the elected member of the legislative assembly .
The interim government was organised on

2nd September 1946
.
It was formed after the election of the Constituent Assembly, in which Indian National Congress won the most number of seats. The interim government assisted the British government to ease the process of '
Transfer of Power
'. Lord Wavell suggested Nehru to form an interim government. The cabinet of this government included
14 members .
The table below shows the structure of Interim Government (1946).
S.No Member Designation
1.
Jawaharlal Nehru External Affairs &Commonwealth
2.
Sardar Patel Home , Information &Broadcasting
3.
Dr. Rajendra Prasad Food & Agriculture
4.
Dr. John Mathai Industries & Supplies
5.
Jagjivan Ram Labour
6.
Sardar Baldev Singh Defence
7.
C.H. Bhabha Works, Mines & Power
S.No Member Designation
8.
Liaquat Ali Khan Finance
9.
Abdur Rab Nishtar Posts & Air
10.
Asaf Ali Railways & Transport
11.
C. Rajagopalachari Education & Arts
12.
I.I. Chundrigar Commerce
13.
Ghaznafar Ali Khan Health
14.
Joginder Nath Mandal Law
Dr. Sachidananda Sinha was
the temporary Presidentof the Constituent Assembly .
Dr. Rajendra Prasad

was the permanent President ofthe Constituent Assembly
.
B.N. Rau was the Constitutional Advisor. The Assembly had
13 committees
for framing the constitution. The important ones are-
Committee Chairman
Union Power Committee J.L. Nehru
Fundamentals Right and MinorityCommittee V.B Patel
Provincial Cons titution Committee V.B. Patel
Drafting Committee B.R. Ambedkar
Steeking Committee K.M. Munshi
Munshi Flag Committee J.B. Kriplani
FIRST CABINET OF INDEPENDENT INDIA
On
15th August 1947
,
two nations became independent from the British Raj - The dominion of India and dominion of Pakistan. For India,
Jawaharlal Nehru
took the charge of office of
Prime Minister of India
, and chose
15 members
to lay the foundation of the first Cabinet of Independent India .
Sardar Vallabh Bhai Patel
was
appointed as the Deputy Prime Minister
. Each minister in the cabinet was given with the responsibility of specific ministry .
It was adopted by the government of India on
26thNovember, 1949
.
It was enforced by the government of India on

26thJanuary 1950
,
known as the Republic day of India
.
Delaying was happened because of the demanded Poorna Swaraj in lahore session under J.L. Nehru .
The

Objective Resolution

proposed by Pandit Nehru and passed by the constituent assembly, ultimately became the preamble .
The idea of preamble was borrowed from the constitution of USA .
The word

SOCIALIST
’, ‘
SECULAR

and

INTEGRITY

were added by the

42nd Amendment in 1976
.
Preamble is not justiciable.
The structure of first Cabinet is as follows:
S.No. Member Designation
1.

Jawaharlal Nehru Prime Minister; External affairs and
Common wealth Relation
2.
Sardar Patel Home; States and Information
& Broadcasting.
3.
Dr. Rajendra Prasad Food & Agriculture
4
. Maulana Azad Education
5.
Dr. John Mathai Railways & Transport.
6.
R.K. Shanmugham Finance
S.No. Member Designation
7
.
Dr. B.R. Ambedkar Law
8.

Jagjivan Ram Labour
9.
Sardar Baldev Singh Defence
10.
Rajkumari Amrita Kaur Health
11.
C.H. Bhabha Commerce
12.
Rafi Ahmed Kidwai Communication
13.
Dr. Syama Mukherji Industries & Supplies
14.
V. N. Gadgil Works, Mines & Power
Constituent assembly adopted our National Flag on July 22,1947
. It was designed by
Pingali Venkayya
of
Andhra Pradesh,
whereas the state emblem, which shows three lions,a galloping horse, a Bull and Chakra in print (taken from the capital of Ashoka’s Sarnath Pillar which has lions carved,facing out wards, back to back) was adopted by the
Government of India on January 26,1950
.
The words ‘
Satyameva Jayate

’ (
Truth alone will prevail
)
has been adopted from the Mundaka Upanishad. The National Anthem was adopted by the Constituent Assembly on
January 24,1950
.
It is actually the first stanza of the
Jana Gana Mana
,
originally composed by Rabindranath Tagore andwhich actually contains five stanzas.
The playing time for the National Anthem is fifty two seconds
, however its shorter version can be completed in twenty seconds .
The National Calendar is based on the Saka Era, starting with 1 Chaitra (
Equivalent to March 22ndin the Gregorian Calendar
) , and was adopted by
the Government of India of March 22, 1957
FUNDAMENTAL RIGHTS
In
1931
, the Indian National Congress at its Karachi Session,presided over by
Sardar Patel
, had adopted a resolution on fundamental
rights.
Part III
(
Articles 12-35
)
of the constitution deals with fundamental rights. Originally, seven fundamental rights were listed .
after
44th Amendment
, only six fundamental rights exist. These are
a
. Right to Equality (14-18)
b
.
Right to Freedom of Speech & Expression (19-22)
c
.
Right against Exploitation (23-24)
d
.
Right to Freedom of Religion (25-28)
.
e
. Culture and Educational Right (29-30).
f
. Right to Constitutional Remedies (32 - 33)
Right to Property used to be a fundamental right but after the 44th Amendment it became a legal right .
FUNDAMENTAL DUTIES
The fundamental duties are a novel feature of the Indian Constitution in recent times. Originally, the Constitution of India did not contain these duties.
The Forty Second Constitution Amendment Act, 1976
has incorporated ten fundamental duties in Article
51(A)
of the constitution of India
The Eighty-Sixth Constitution Amendment Act, 2002has added one more fundamental duty in Article 51(A) of the constitution of India.
As a result, there are now
11 fundamental duties
of the citizens of India.
The following are the eleven fundamental duties of every citizen of India :
(a)

To abide by the Constitution and respect the National Flag and the National Anthem .
(b)
To cherish and follow the noble ideals which inspiredour national struggle for freedom;
(c)

To uphold and protect the sovereignty, unity and integrity of India
;
(d)
To defend the country and render national service when called upon to do so ;
(e)

To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women .
(f)
To value and preserve the rich heritage of our composite culture:
(g)
To protect and improve the natural environment including forests, lakes, rivers and wild and to have compassion for living creatures
(h)
To develop the scientific temper, humanism and the spirit of inquiry and reform .
(i)

To safeguard public property and to abjure violence
;
(j)
To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.
(k)
To provide opportunities for education by the parent the guardian, to his child, or ward between the age of
6-14 years
as the case may be .
SOME IMPORTANT ARTICLES OF INDIAN CONSTITUTION
Indian Constitution, when it was written, included
395 articles in 22 parts and 8 schedules .
Today, after going through

101amendments
,
the number of articles has reached to
448 .
Some important among them are given in the table below
Article No Related to
1

Name and territory of the Union
3
New states, alteration of boundaries and areas and names of states
13

Laws inconsistent with or in derogation of fundamental rights
14
Equality before law
16

Equality of opportunities in employment
.
17
Eradication of untouchability.
19

Protection of fundamental rights
.
21
Protection of life & personal freedom
21-A

Right to education
Article No Related to
25

Freedom of conscience and free profession, practice and propagation of religion
30

Right of minorities to establish and administer educational institutions.
31C
Saving of laws giving effect to certain directive principles.
32

Remedies for enforcement of fundamental rights including writs
.
38
State to secure a social order for the promotion of welfare of the people
40

Organisation of village panchayats
.
44
Uniform civil code for the citizens
45

Provision for early childhood care and education to children below the age of 6 years
46
Promotion of educational and economic interests of scheduled castes, scheduled
tribes and other weaker sections
.

Article No Related to
50

Separation of judiciary from executive
.
51
Promotion of international peace and security.
51A

Fundamental duties
72

Power of president to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
74
Council of ministers to aid and advise the president
78

Duties of prime minister as respects the furnishing of information to the
president, etc
110
Definition of Money Bills
112

Annual financial statement (Budget)
Article No Related to
123

Power of president to promulgate ordinaces during recess of Parliament
143
Power of president to consult Supreme Court
155

Appointment of governor.
161
Power of governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
163

Council of ministers to aid and advise the governor
.
167
Duties of chief minister with regard to the furnishing of information to
governor, etc.
169
Abolition or creation of Legislative councils in states
Article No Related to
200

Assent to bills by governor (including reservation for President)
213
Power of governor to promulgate ordinances during recess of the state
legislature.
226

Power of high courts to issue certain writs
239 A
A Special provisions with respect to Delhi
249

Power of Parliament to legislate with respect to a matter in the State List
in the national interest

262
Adjudication of disputes relating to waters of inter-state rivers or river
valleys.
Article No Related to
263

Provisions with respect to an inter-state council.
265

Taxes not to be imposed save by authority of law
.
275

Grants from the Union to certain states
280
Finance Commission
300

Suits and proceedings

300A

Persons not to be deprived of property save by authority of law
(Right to Property)
311
Dismissal, removal or reduction in rank of persons employed in civil
capacities under the Union or a state
Article No Related to
Article No Related to
312

All-India Services
315
Public service commissions for the Union and for the states
320

Functions of Public service commissions
323-A
Administrative tribunals.
324

Superintendence, direction and control of elections to be vested in
an Election Commission
330
Reservation of seats for scheduled castes and scheduled tribes in
the House of the People
335
Claims of scheduled castes and scheduled tribes to services and posts.
352
Proclamation of Emergency (National Emergency)
356

Provisions in case of failure of constitutional machinery in states
(President's Rule)
.
360
Provisions as to financial emergency.
365

Effect of failure to comply with, or to give effect to,directions given by
the Union (President's Rule)
.
368
Power of Parliament to amend the Constitution and procedure therefor
370

Temporary provisions with respect to the state of Jammu and Kashmir
.
DIRECTIVE PRINCIPLES OF STATE POLICY
Directive Principles of the state policy are contained in the

IV part, Article 36-52

of the Indian constitution.
The concept of including these directive principles is borrowed from Ireland’s constitution.
These principles are framed to give the social and economic base of a genuine democracy

Majorly, these Directive Principles are classified into three categories:
1 . Socio-Economic Directives
The directives of this category state:
Secure equal pay for equal work of men and women
Securing welfare of the people
Secure equal distribution of wealth and material resources
Protection of childhood and youth against exploitation
To prevent the right to work and education for sick,unemployed and old, etc.
2 . Gandhian Directives
Some directives among these are :
Establishing ‘Gram Panchayats’ to work as units of self government
To promote cottage industry
To promote education among the weaker sections of the society by providing free education to all
children upto the age of 14 years
.
To prohibit the consumption of drugs and drinks
Preventing the slaughter of cows and calves, etc.
3 . Liberals Directives
The principles mentioned in this category are aimed at liberal thinking and state:
Uniform civil code for the country
Protection of historical and national monuments
Protecting forests and wildlife
Separating judiciary and executive
To maintain peace and security globally, etc
BORROWED FEATURE OF THE CONSTITUTION
Nearly

75 percent
of the constitution can be said to be a reproduction of the Government of
India Act,1935
with
suitable Adaptation and Modifications
Besides indigenous sources, the Constituent Assembly had several models of foreign constitutions :
From Britain
Nominal Head
Cabinet System of Ministers
Post of the Prime Minister
Parliamentary type of Government
Bicameral Parliament
Lower House more powerful
Council of Ministers responsible to lower house
Speaker in lok sabha
Single Citizenship
From USA
Preamble
Written Constitution.
President as an executive head and Vice President a sex-officio chairman of upper house
Fundamental Rights
Removal of Supreme Court judges.
Independence of Judiciary and Judicial review.
Provision of state
From Former USSR
Fundamental Duties
Deal of Justice in Preamble
Five Year Planning
From Ireland
Concept of directive principles of state policy (Ireland borrowed it from Spain)
Method of election of President.
Nomination of member in upper house by the President.
From France
Republican system
Principle of liberty
Equality and fraternity
From Japan
Law on which Supreme Court function
From Weimer Constitution of Germany
Suspension of fundamental rights during the emergency
From Canada
Federal system with a strong centre
Distribution of powers between centre and the states and placing residuary powers with the centre
Appointment of Governors of state by centre.
Supreme Court’s advisory jurisdiction
From Australia
Concurrent list.
Trade and Commerce provisions
Language of the premable
From South Africa
Amendment provision and election of members to upperhouse
THE UNION AND THE STATES (
Article - 1
)
The union is referred to as India, that is Bharat and its members are currently 29 States. (
Telangana - 29th
was created on
2nd June - 2014
)
There are

7 Union Territories
,
of which Pondicherry has its own Cheif Minister the rest of the Union Territories are governed by Administrators/ Lt.Governors appointed by the President of India
.

In
1961 ,Goa
was liberated from portugese possession.
Sikkim first became an associate state and later a regular state in 1975
The Union
Articles 52 to 151 deals

with the Union, the Executive, the Legislative, the Union Judiciary, and the Comptroller and Auditor General of India
.
The States
Articles 152 to 237 deals
with the states, the executive, the state Legislature, the High courts in the state with subordinate courts
The expression ′State′ does not include the state of Jammu and Kashmir.
Union Territories
Refer to areas directly administered by the central government.
They are administered by the President through an administrator appointed.
And man & Nicobar and Chandigarh – Chief Commissioner
Lakshadweep – Administrator
Total no – 6+1 at present
– and according to
69th Amendment Act, 1991
, union territory of Delhi shall be called the national capital territory and it shall have alegislative assembly.
PRESIDENT
Executive head of the nation. First citizen of India. The constitution vests the executive authority of the Union in
the President of India. He exercises the power either directly or through officer subordinates to him
Qualifications
In order to be qualified for election as President
,
Article 58

lays down that a person must
Be a citizen of India.
Completed the Age of 35 years
Eligible to be Member of Lok Sabha
Must not hold any office of profit under the Government authority
Election
Article 54 and 55

lay down the procedure for electing the President.
Directly elected through

Electoral College

consisting of elected members of both the houses of parliament& elected members of the legislative assemblies of the states
.
Members of legislative council have no right to vote in the Presidential election.
Supreme Court inquires all dispute against / regarding President election
Takes oath in presence of Cheif Justice of India, or in his absence senior most judge of Supreme Court
V.V. Giri
is the only person who won the election of the President as an independent candidate in
1969.
In July 1977, Neelam Sanjeeva Reddy
was elected unopposed as no one else filed nomination for post of the President
Terms
Article 56
stipulates that the President’s term of officeis five years from the date on which he enters his office.
Article 57
says that there is no upper limit on the number of times a person can become President
Can give resignation to Vice-President before full-term
Vacancy (Article - 62)
In case the office falls vacant due to death, resignation or removal, the Vice President acts as the President. If he is not available then cheif justice, if not then senior most judge of Supreme Court
The election is to be held within 6 months of the vacancy.
Only once in the history of India, Justice M.Hidayatullah, Chief Justice of Supreme Court,discharged the duties of the

President in 1969.
Justice Hidayatullah is the only person to perform the functions of the President two times in two different capacities,
the first time in 1969
being the Cheif Justice of the Supreme Court and second time being the
Vice President of India in 1982
Powers
Executive Powers
Appoints Prime Minister, Ministers, Chief Justice &Judges of Supreme Court & High Courts, Chairman &Members of

UPSC
,
Comptroller and Auditor General,Attorney General, Chief Election Commissioner and other member of Election Commission, Governors, Member of Finance Commission, Ambassadors etc
He directly administers the union territories through the Lt. Governor, Commissioner or Administrator.
Military Power
The supreme command of the armed forces is vested in President
(
Article 53)
.
He can declare war or conclude peace
Legislative Powers
The President can summon, prorogue the house of parliament and dissolve the lok sabha

(Article 85).
He can address either house or both houses of parliament assembled

together
(
Article 86).
The President can send message to either house in respect of bills pending before it
.
Article 87

stipulates the special address to both houses assembled together at the commencement of the first session of each year
.
The President has the power to nominate

12 members
to the Rajya Sabha from amongst person

having special knowledge or practical experience of literature,science, art and

social service

(Article 80
).
He can nominate two members of Anglo Indian community in Lok Sabha if they haven’t received adequate representation
(
Article 361
)
His prior recommendation or permission is needed to introduce certain type of bills in the parliament e.g. a bill for the formation of new states or alteration of boundaries of a state, a money bill etc.
When a bill is sent to the President after it has been passed by the Parliament, he can:
1
.
Give his assent to the bill, or
2
. Withhold his assent to the bill, or
3
. Return the bill (
if it is not a money bill or a constitutional amendment bill
) for
reconsideration of the parliament, although only once.
President has the power to veto with respect to the bills passed by the parliament. He enjoy three types of powers:
Absolute Veto
Withholding the assent to the bill, normally, it is exercised only in the case of private member’s bill. In the case of government bill, a situation may however be imagined where, after the message of a bill and before it is assented to by the President, the ministry resigns and new council of ministers advices the President to use his veto power against the bill.
Suspense Veto
It is exercised when instead of refusing his assent outrightly to a bill, the President return the bills or part of it for the reconsideration and the parliament makes it obligatory on him to give his assent to it. In this case, the veto power is merely of suspense nature
(
Article 111
)
Pocket Veto
Since the constitution does not provide any time limit with in which the President is to declare his assent or refusal, the President could exercise this veto by not taking any action for an indefinite time, but if the ministry has strong backing in parliament, it would not responsible for him to do so.
Impeachment Process (Article 61)
Either house of parliament may prefer the charge of violation of the constitution before the other house which shall investigate. The charges however to start the proceedings, a 14 days notice signed by not less than one fourth of the total members of the house preferring charge should be given. Then a resolution containing the charges has to be passed by a majority of not less than two-third that the charges have been proved, this has the effect of removing the President from his office. During the investigation, the President shall have the right to defend himself.
Financial Powers
The budget is laid before parliament in the name of the President. A Money bill is introduced only on his recommendation. He can advance money out of the contingency fund of India to meet unforeseen expenses and recover the same after due authorization by the parliament. He appoints a Finance Commission
(
after every 5 years
)
that recommends distribution of taxes between the Union & State Government
Below is the list of Presidents of India in chronological order:
S.No Name Tenure
1.

Rajendra Prasad 1950-1962
2.
Sarvepalli Radhakrishnan 1962-1967
3.
Zakir Hussain 1967-1969
4.
V.V.Giri 1969-1974
5.
Fakhruddin Ali Ahmed 1974-1977
6.
Neelam Snajiva Reddy 1977-1982
7.
Giani Zail Singh 1982- 1987
8.
R Venkataraman 1987-1992
9.
Shankar Dayal Sharma 1992-1997
10.
K R Narayanan 1997-2002
11
. APJ Abdul Kalam 2002-2007
12
. Pratibha Patil 2007-2012
13.
Pranab Mukherji 2012-2017
14.
Ram Nath Kovind

2017- Present
VICE PRESIDENT
Elected by both the houses
(
Electoral College
)
in accordance with the system of proportional representation by means of single transferable vote
(
Article 66
).
Election disputes are decided by Supreme Court
(

Article 71

)
and the same principle apply in case of Vice-President as in the case of the President.
Qualifications
The qualifications for the office of Vice President
(
Article66
)
are identical to those prescribed for President of India except that the candidate must be qualified to become amember of the Rajya Sabha (
instead of Lok sabha as in case of the President
)
Terms
The term of office of a Vice-President is five years. It may terminate earlier by resignation (addressed to the President)or removal. He may be removed by a resolution of RajyaSabha passed by a majority of its members and agreed by the house of the people
(
Article 67
).
According to

Article68
,
an election to fill a vacancy caused by expiration of terms of an office is to be completed before the expiration of the term. An election to fill a vacancy caused by death or removal
.
PRIME MINISTER
Real Executive Authority
According to
Article 74
of the Constitution, there shall be a Council of Ministers, with Prime-Minister at the head, to aid and advise the President
He is exofficio Chairman of the Planning Commission,National Development Council, National Integration Council and Interstate Council.
Appointment
The Prime Minister is appointed by the President. The other Ministers are appointed by the President on the advice of the Prime Minister
[
Article 75 (1)
].
Powers
Can recommend the dissolution of Lok sabha before expiry
Assists the President in appointment of all high officials.
COUNCIL OF MINISTERS
The President has to advice / act in accordance with the advice of Council of Ministers.
In this, 3 types of Ministers are there
(a)

Minister of Cabinet Rank
Real policy makers. The cabinet meetings are not attended by other Ministers.
(b)

Ministers of State
Can either hold independent charge or attached to a Cabinet Ministers.
(c)
Deputy Ministers
Do not hold separate charge.A person can remain a minister without being a member
of either house up to 6 months maximum.
A Minister who is a member of one house has a right to speak in and take part in the proceeding of other house-though he has no right to vote in the house of which he is not a member.
PARLIAMENT
Article 79

of our constitution states that there shall be a parliament of the union and that it is to be consisting of the President and two houses known as the council of states (
Rajya Sabha
) and the house of the people (
Lok Sabha
) . Though the President is not a member of either of the house, he is a integral part of it
.
LOK SABHA
Maximum strength – 550 + 2
[
530 states / 20 Union territories
].
Article 81
gives
all these details related to Lok Sabha
Present strength of lok sabha –
545 and not more than2
from Anglo-Indian Community
The ninety first amendent, 2001
, extended freeze on lok sabha and state assembly till
2026
The normal tenure of the lok sabha is five years, but it may be dissolved earlier by the President. The life of lok sabha can be extended beyond five years when a proclamation of emergency under

article 352 is in force
.
The parliament cannot extend the normal life of LokSabha for more than a year at a time (
No limit on the number of times in the constitution
).
Qualification
Citizen of India
At least 25 years of age
Must not hold any office of profit
A member can be disqualified
If he voluntary gives up the membership of the party.
If he over-rules the whip
Absent for 60 days without intimation.
The majority of
the total membership can remove speaker after giving a 14 day notice
. ( During this time, he doesn’t preside over the meetings ). After his removal, continues in office till his successor takes charges
RAJYA SABHA
Article 80
gives details of the composition of the Rajya Sabha. The council of states ( the upper house ) is composed of not more than
12 members
nominated by the President from amongst persons having special knowledge or practical experience in literature, science, art and social service and not more than
238 representatives
of the states and the union territories elected by method of indirect election.
Qualification
Citizen of India
30 years of Age
Elected for 6 years as 1/3 members retires every 2 years,
(
Article 83
).
Vice President is the ex-officio chairman of Rajya Sabha
Also a deputy chairman is elected from its members
In Rajya Sabha any bill can originate, apart from money bill (
Including budget
)
JOINT SESSION
Can be ordered by President to consider a particular bill in case:
(a)


A bill passed by one house is rejected by other
(b)
In case, a bill remains pending unpassed for more than6 months
SESSION OF PARLIAMENT
At the discretion of the President
Gap should n’t be more than 6 months
The parliament generally meets in three sessions in a year. These are -
Budget Session : In February -May, longest
Monsoon Session : In July-August
Winter Session : November-December, shortest
LEGISLATIVE PROCEDURE
Ordinary Bills
An ordinary bill can be introduced in either house of parliament (
Article 107
).
The constitution provides that an ordinary bill must be passed by both houses.
Money Bill
Article 110 defines a money bill.
A money bill deals only with the imposition or abolition of a tax, borrowing of money by the Government of India custody and maintainance of the Consolidated Fund or Contingency Fund of India, or the Public Accounts of India and Audit of the accounts of Union and the States. The final decision whether a bill is a money bill or not rests with the speaker.
Article 109
says that a money bill cannot be introduced in the Rajya Sabha. It can be introduced only in the Lok Sabha and cannot be rejected by the Rajya Sabha.
Amendment Bills
Constitutional amendment bills can be initiated in either houses of parliament. Each house has to pass bill by a majority
(
more than 50 percent
)
of the total membership of that house and by a majority not less than two-thirds of the members of that house present and voting
IMPORTANT PARLIAMENTARY TERMS
(1)

Question Hour
: Usually, the proceedings of Lok sabha start with the first hour devoted to the questions asked by parliamentary members to ministers, and hence termed as ‘Question Hour’. The type of questions can be further classified into three categories:
(a)

Starred Questions -

These are the questions for which an oral answer is expected from the minister in the House. Only 20 such questions can be asked in a day’s proceedings, and one member is allowed to ask only one question
.
(b)

Unstarred Questions
- Answers to these questions are given in the form of printed official report. The minister can answer the question after the question hour. Normally, 230 questions are allowed to be included in the day’s list.
(c)

Short Notice Questions
-These questions are related to the urgent public concerns and are asked with as horter notice. However, the speaker decides that whether the question is of serious concern or not.
(2)

Zero Hour
: This session follows the question hour. This informal
practise was started in 1962
. In this time, various serious issues are raised by the members.
(3)

Cut Motion
: Cut motions are implied right after the budget presentation. The members of House (
especially from opposition
) bring the cut motion to reduce or curtail the amount asked in the budget. Following are the types of Cut Motions:
(a )


Policy Cut
– It is the complete disapproval of the amount demanded for specific policies. The minister is asked
to reduce the required amount to Re 1 only
.
(b)

Economy Cut
– This cut motion asks for reducing the amount demanded to a lesser figure, in order to control
the expenditures.
(c)

Token Cut –
In this cut motion, the members ask to reduce the amount demanded by Rs 100. This is the
symbolic displeasure to ventilate the specificgrievance, which is within the sphere of Government’s responsibility.
(4)
Adjournment Motion
:
It is a tool used in Lok shabha only ( not Rajya sabha) to draw the attention of House toward surgent and serious issue of public importance.
It needs permission of at least 50 members
. This motion disrupts the normal proceedings of the house as the discussion should last for 2.5 hours
.
(5)

Calling Attention Motion
:
Any member, with speaker’s prior permission can draw a minister’s attention to any serious matter of public concern. The minister can ask for some time to make any statement
(6)
Privilege Motion
: This can be used against anyone in the house who is accused of breach of
parliamentary privileges. It is a punishable offence under the law of parliament or state
legislature
(7)

Point of Order
:
This can be raised by any member of the house, if he/she finds that the proceedings of the house not going according to the parliamentary laws. The presiding officer there decides the point of order raise dis valid or not
(8)
Vote on Account
: It is mentioned in
the Article 116 of the Indian Constitution
. Usually, it takes
time for any financial bill to become the Act. Thus, a two months’ money or one sixth of the total
estimated expenses is granted mutually to the government for its untroubled working.
(9)

Guillotine
: The estimated expenditure in the budget is presented in the form of Demands for
Grants. And a particular time period is given to discuss and pass the various Demands for
Grants according to various ministries. If the allotted time comes to an end, the speaker puts
all undiscussed demands on the table for the final settlement
(10)

Quorum
:
It is the minimum number of members that should be present to start the proceedings of the House.
Article100 states one-tenth of total members to be the quorum for either of the house.
(11)
No-Confidence Motion
: It is applicable in Lok Sabha only.The motion is passed against the
council of ministers of government in the house stating that they are not fit to hold the
designation and responsibilities. The discussion starts only when the motion gets the support
of
50members
.
(12)
Censure Motion
: Unlike, No-Confidence motion, Censure motion does not demand for the resignation, but the motion can be moved against the council of ministers orin dividual to show disapproval.
(13)
Lame –duck session
:
This session takes place after the election results, when the new government is elected,but the ex-government visits the house for the last time.Here, ministers of old government are referred as Lame Ducks
SUPREME COURT
Stands at the apex of the judicial system of India
Consists of chief justice & 30 other judges. (total 31judges)
Appointment
The Chief Justice is appointed by the President in consultation with such other judges of the Supreme Court and High Court. In case of other judges, the President appoints them after consulting the Chief Justice of India
(
Article 124
).
A judge takes his oath of office before the President or someone appointed by the President for the purpose.
Qualifications
To be appointed judge of the Supreme Court, a person must be

(i) a Citizen of India
(ii) Either a distinguished jurist, or one who has been a High Court, judge for at leastfive years or a advocate of High Court (or two or more such Courts in succession) for at least 10 years
.
No minimum age is fixed

for appointment as a judge
(
Article 124
).
Term
Once appointed, a judge of the Supreme Court holds office till he attains the age of 65 years & can give resignation to the President or can be removed by the parliament. After retirement, a judge of Supreme Court cannot plead or act before any authority.
Removal of Judges
A motion seeking the removal of the judge can be preferred before either house of parliament (
Article 124
). If it is to be introduced in the lok sabha, it should be signed in by not
less than 100 members of the lok sabha.
If it is to introduced in the Rajya Sabha, the motion should be signed in by not l
ess than 50 members. 2/3 majority of voting can remove judges.
THE HIGH COURT
Article 214
provides that there shall be a High Court for every state ,
but article 231 also provide parliament with the power to establish a common High Court for two or more states
.
The number of High Courts was increased to 21 from 18,
after the formalities for the creation of separate High Courts for each of the three new states –
Chhattisgarh , Jharkhand and Uttaranchal
are formed.
Appointment of Judge
The High Court of state consists of justice and such other,judges as the President may appoint from
time to time
(
Article 216
)
The judges of a High Court hold office until they attain the age of 62 years.
THE GOVERNOR
The governor is the constitutional head of the state.Normally each state has its own governor, but under
the seventh amendment act, 1956
, the same person can be appointed as Governor of one or more states or Lt. Governor of the Union Territory (
Articles 153 and 154
).
The Governor of a state is not elected but is appointed by the President (
Article 155
) and must complete 35 years of age.
Term
Article 156

says that the governor holds office during the pleasure of the President while nominal term of a governor’s office is five year
.
Powers
Executive Powers
Article 162
defines the extent of executive power of a state.
Article 166
stipulates that all executives of the states are to be taken in the name of governor. All major appointments of the state are made by governor-such as those of chief ministers, ministers, advocate general, members of the state public service commission.
Legislative Powers
Summons, prorogues & dissolve the state legislature(
Article 175 and Article 176
)
Address the first session of state legislature after election and at the beginning of each new election
Appoints one – sixth members of the legislative council
Nominates one member of the Anglo-Indian community to the legislative assembly. If he feels the community is not adequately represented(
Article 170
).
Financial Powers
Ensure that the budget is laid. All money bills can be introduced on his recommendation only.
Judicial Powers
He is consulted by the President while appointing High Court judges
. By
article 161
,
he can grant pardons,reprieves, remission of punishment to person convicted under state law
CHIEF MINISTER
Real executive head of the government at the state level.
Appointed by the governor, other ministers are appointed by the governor on the advice of chief minister
Chief Minister is the chief link between the governor and the council of ministers.
PUBLIC SERVICE COMMISSIONS
According to the constitution, there is a public service commission for union, a public service commission for state, or joint service commission for the group of states.
Their functions incorporate organizing examination for appointments to the union and state services, to advice Governor or President on any matter, if referred to them,etc
The term of service of members of service commissions is 6 years.
The age of retirement of members of Union service commission is
65 years
, whereas
that of Joint or State public service commission is
62 years
.
Appointment of members is done by the President in case of Union or Joint service commissions, whereas it is done by the Governor of the state in case of State service commission
COMPTROLLER & AUDITOR GENERAL (CAG)
Appointed by the President (Article 148).
Holds office for 6 years or till 65 years of age.
President can remove him only on the recommendation of the 2 houses of parliament.
ATTORNEY GENERAL
Appointed by the President. (Article 76)
In England, he is member of cabinet but not in India
The attorney general is assisted by two solicitors general and four additional solicitor general.
Every state shall have an advocate general to advice the govt on legal matters.
THE ELECTION COMMISSION OF INDIA
The Election Commission of India is an autonomous constitutional body created to conduct free and fair election.
It was established on January 25, 1950
The term of the election commissioner and other members of the election commission is not fixed by the constitution.
Generally they hold office for a term of five years
. This can be extended by one year at a time. But no person can continue in office beyond
the age of 60 years
.The commission presently consists of a chief election commissioner and two election commissioners.
POLITICAL PARTIES
To be recognized as a national party, a
party needs to secure at least six percent of the valid
votes polled in any four or more states in general election to the lok sabha or state assembly.
FINANCE COMMISSION
The finance commission is constituted by the President of India.
(
Article 280
)
It consists of a chairman & 4 other members. They are eligible for reappointment.
PANCHAYATI RAJ
In 1956,
The National Development Council appointed a committee under Balwant Rai Mehta,

which submitted its report in 1957

in which it recommended.
A 3-tier structure consisting of Zila Parishad at the district level panchayat samiti at the block level and gram panchayatat the village level.
It was 1stadopted by Rajasthan (
Nagaurdistrict
),
on Oct 2, 1959,
was followed by Andhra Pradesh,Bihar, Gujarat,
Himachal Pradesh, Maharastra, Punjab, TamilNadu, Uttar Pradesh
and
West Bengal
.
First In Indian Politics
1. President of India : Dr. Rajendra Prasad
2. Vice-President of India : Dr. S Radha Krishnan
3 Muslim President of India : Dr. Zakir Hussain
4. Sikh President of India : Giani Zail Singh
5. Prime Minister of India : Pt. Jawahar Lal Nehru
6. Woman Prime Minister of India : Mrs. Indira Gandhi
7. Speaker of Lok Sabha : G. V. Mavlankar
8. Chief Justice of India : H. L. Kania
9. Chairman of Rajya Sabha : Dr. S. Radhakrishnan
10. Woman Governor of State : Sarojini Naidu
11. Woman Chief Minister : Mrs. Sucheta Kriplani
12. Woman Central Minister : Raj Kumari Amrit Kaur
13. Woman Speaker of Lok Sabha : Mrs. Meira Kumar
14. Woman IAS Officer : Anna George
15. Woman IPS Officer : Kiran Bedi
16. Woman Advocate : Cornelia Sorabji
17. Woman Judge : Anna Chandy
18. Woman judge of High Court : Anna Chandy
19. Woman Judge of Supreme Court : M. Fathima Beevi
20. Woman Chief Justice of High Court : Justice Leela Seth
21. Chairman of Planning Commission : Pt. Jawahar Lal Nehru
22. Chairman of Finance Commission : K.C. Neogy
23. Acting Prime Minister of India : Guljari Lal Nanda
24. Deputy Speaker of Lok Sabha : M. Anantha Sayanam Ayyangar
25. Recognized leader of opposition in Rajya Sabha : Shyam Nandan Prasad Mishra
26. Recognized leader of opposition in Lok Sabha : Ram Subhag Singh
27. Lok Sabha election : 1952
28. State where pachayati raj was implemented : Rajasthan
29. Chief Election Commissioner of India : Sukumar Sen
30 . Woman Chief Election Commissioner of India : V.S. Rama Devi
(in the whole state)
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