Indian Polity Prelims

8/9/2019 Indian Polity Prelims

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Ghanshyam Thori Indian Polity1

Parts of the Constitution

Part Articles Areas

I 1-4 The Union & its Territories

II 5-11 Citizenship

III 12-35 Fundamental Rights

IV 36-51 Directive Principles of State Policy

IV A 51A Fundamental Duties (42n Amendment)

V 52-151 The Union GovernmentVI 152-237 The State Government

VII 238 Dealt with states in Part B of the First Schedule. Repealed in 1956 by theSeventh Amendment.

VIII 239-241 Union Territories. Article 242 repealed.

IX 243 A-O The Panchayats

IX-A 243 P-ZG The Muncipalities

X 244-244 A The Scheduled & Tribal Areas

XI 245-263 Relations between the Union & the States

XII 264-300A Finance, Property, Contracts & Suits

XIII 301-307 Trade, Commerce & Intercouse within the territory of India

XIV 308-323 Services under the Union & the StatesXIV A 323A-323B Administrative Tribunals (42

nd Amendment 1976)

XV 324-329 Elections

XVI 330-342 Special Provisions (Reservations of SC, ST, Anglo Indian etc)

XVII 343-351 Official Language

XVIII 352-360 Emergency Provisions

XIX 361-367 Miscellaneous Provisions (Immunity of President, Legislature etc)

XX 368 Amendment of the Constitution

XXI 369-392 Temporary, Transitional & Special Provision

XXII 393-395 Short Title, Commencement, Authoritative

Schedules of the Constitution

Schedule I Deals with territories of the 28 states & 7 union territories

Schedule II Salaries allowances of president, V.P, Speaker, Judges, CAG etc.

Schedule III Various forms of Oaths & affirmation which various incumbents have to take.

Schedule IV Seats allotted to various states & UTs in the Rajya Sabha (Council of States)

Schedule V Administration & Control of scheduled areas.

Schedule VI Administration of tribal areas in Assam, Meghalaya & Mizoram

Schedule VII Subjects in the three lists – Union, State & Concurrent

Schedule VIII List of 22 regional languages

Schedule IX Certain acts & regulations dealing with land reforms & zamidari system abolition.

((Added by first constitutional amendment).Schedule X Disqualifications on grounds of defection. (52n Amendment)

Schedule XI 29 subjects on which panchayats can legislate. (73r Amendment)

Schedule XII 18 subjects on which municipalities have control. (74t

Amendment)


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Indian Constitution Borrowed Features

1.

British Constitution Parliamentary form of Government, Rule of Law, Law making

procedure, Single Citizenship; Institution of Speaker, doctrine of

pleasure tenure of civil servants.

2.

American Constitution Judicial System, Fundamental Rights

3. Canadian Constitution Federal System with a strong central authority; Residual powers,Centre State Relation.

4.

Irish Constitution Directive Principles, Election of the President of India5.

Australian Constitution Concurrent list; Freedom of Trade & Service within country

6. Weimar Constitution Emergency Provision

7. Soviet Constitution Five Year Plans; Fundamental duties

8.

Govt of India Act 1935 Office of the governor, powers of the federal jury.

9. South African Amendment of Constitution.

Important Cases of the Constitution

1.

Berubari Case Preamble not a part of the constitution

2. Golaknath Case1967

Supreme court held that the Parliament had no power to amend any of theprovisions of Part III (Fundamental rights) The Indira Gandhi government

in 1971 carried out the 24th Amendment with a view to assert the right ofthe parliament to amend any part of the constitution.

3. Keshvanada Bharti

Case

Preamble was a part of the constitution & can be amended by Parliament

under Article 368. Parliament can also amend the fundamental rights(Against Golaknath case) but ruled that the parliament cannot destroy the

basic structure of the constitution.

4.

Minerval Mills Case

1980

The 42n .amendment carried out in 1976 gave asserted that parliament had

unlimited powers to amend the constitution & tried to accord precedence to

Directive principles over fundamental rights. But in the Minerva MillsCase the Supreme court struck down those provisions

5. Maneka Gandhi Vs

Union of India

Right to live is not merely confined to physical existence but includes

within its ambit the right to live with human dignity

Preamble

We, the people of India, having solemnly resolved to constitute India into a Sovereign socialist seculardemocratic 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;

and to promote among them all

Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to

ourselves this constitution.* Italicized word added by 42nd amendment


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Reorganization of States

1.

1956 Act 14 States & 6 Union territories formed.

States - Andhra Pradesh, Assam, Bihar, Bombay, J&K, Kerala, M.P., Madras, Mysore, Orissa, Punjab, Rajasthan, U.P & West Bengal.

UTs – Andaman & Nicobar, Delhi, Himachal Pradesh, Laccadive, Minicoy &Amindivi Islands, Manipur & Tripura

2. 1960 The states of Maharashtra & Gujarat created by bifurcating the state of Bombay.

3.

1963 Nagaland formed4.

1966 Punjab & Haryana formed out of Punjab & hill areas merged with H.P (UT then).

5. 1969 Meghalaya created out of Assam.

6.

1971 Himachal Pradesh, Tripura & Manipur raised to the status of a state

7.

1975 Sikkim admitted as a state.

8.

1986 Mizormam & Arunachal Pradesh (UTs till then) given status of state

9.

1987 Goa created by separating it from the UT of Daman & Diu.

10. 2000 Chattisgarh, Jharkhand & Uttaranchal

Various Political/Non Political Offices of India

President Name proposed by 50 electors & security deposit of Rs 15000. Disputes in

connection with the election of President are decided by Supreme Court. Oath byChief justice of India. MLAs & members of both house of the parliament vote in theelection. The president submits his resignation to the Vice President. Impeachment

can be initiated by either house of parliament (2/3 majority). Nominated members can

also participate but they do not participate in the election of president. MLAs do notparticipate in impeachment. In case the office becomes vacant fresh elections within

6 months. The president enjoys suspensive veto powers & it applies only to the non

money bills. With regards to constitutional amendments president has no veto

powers. President can promulgate ordinances when the parliament is in recess onlyon matters in the union & concurrent list. The ordinances must be approved by

parliament within 6 weeks. All money bills originate on the recommendation of the

President. Appoints finance commission. If there is no party with clear cut majoritythe president can use his discretion. He cannot declare any emergency on his own.

Can summon both houses separately.

Vice President Name seconded by at least 25 members & security deposit of 15,000. More than 35

years of age. Elected by the members of Lok Sabha & Rajya Sabha at a joint meeting.

Oath before the president or some other person appointed by him. Can act aspresident for a maximum 6 months period. Not a member of Rajya sabha only an ex-

officio chairman.

Prime Minister Gets the same salary & allowances as MPs but additional sumptuary allowance of

3000 per month. If the prime minister is taken from Rajya Sabha he cannot part in

voting when a vote of no confidence is under consideration. In the event of his death

the council of ministers stand automatically dissolved.Deputy PM Position not known to the constitution although 7 persons have occupies this post.

Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi

Lal & L. K. Advani have served the office.

Council ofMinisters

Should be a member of either house or do so within 6 months. Vote of no confidenceagainst any minister leads to resignation of entire council. The cabinet, state & deputy

ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the

budget before the parliament. Collectively responsible to parliament but individual


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ministers responsible to President.

Lok Sabha Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian

community in 1976. Minimum 25 years of age. The security deposit has been

increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs250 to Rs 5000. 10 electors should propose. No candidate can contest elections from

more than 2 constituencies. Oath before president or some person appointed by him.

Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60

days without intimation. The speaker continues in the house even after the dissolutionof the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly

salary of Rs 12000 & pension of 3000 which increases according to the number of

years served. The joint session is called if a bill passed is rejected by other house orno action is taken. Speaker presides over joint sessions.

Rajya Sabha 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of statelegislative assemblies on the basis of proportional representation through a single

transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok

Sabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does notlapse.

Supreme Court

Judge

5 years as high court judge or 10 years as advocate. Hold office till the age of 65.

Address their resignation to president. The salaries of chief justice & other judges are33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two houses

of the parliament. Original Jurisdiction (Centre-state & fundamental rights),Appellate jurisdiction (Only if high court certifies or the high court has awarded

death sentence after reversing judgement or after withdrawing case from lower court

& Advisory jurisdiction.

Governor Oath before chief justice of high court of that state. 35 years of age. Draws

36000.Adresses first session of state legislature after elections. Appoint one sixthmembers of legislative council. Nominates one member of Anglo Indian community

to the legislative assembly. Makes laws through ordinances. Can grant pardon but not

in case of death sentence. Reserve a bill for president’s consideration. He is permitted

to act without the advice of the council of ministers unlike president. Ordinanceissued by him remains in force for a maximum 6 months. The constitution does not

contain any provision for his impeachment.

AdvocateGeneral

Person who is qualified to be a judge of the high court. Remunerations as thegovernor may determine.

LegislativeAssembly

60 to 500 members according to population but Sikkim has only 32 members. 25years of age. Goa, Mizoram, Pondicherry have only 30 members.

Legislative

Council

Its members are elected by legislative assembly (1/3r ) local bodies (1/3r ), teachers

(1/12th), university graduates (1/12th) & nominated by governor (1/6th). The

maximum membership can be 1/3rd that of Legislative Assembly but in no case less

than 40 members. 30 years of age. The legislative council can delay an ordinary bill

for 3 months & a money bill for 14 days. There is no provision for joint sitting here.High Court To become a judge – advocate for 10 years or held judicial office in Indian Territory

for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other

judges 26000. The pension of the high court judges is charged to the Consolidated

fund of India.

Administrative

Tribunals

Incorporated by 42n amendment through addition of articles 323A & 323B. CAT is

located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision

of CAT can be challenged in a high court.


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Inter StateCouncil

Created on the recommendations of the Sarkaria commission although constitutionprovided for it. Appointed by president. Advises on disputes between various states.

Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of

cabinet rank. Meets atleast 3 times a year.

Zonal Council Set up under state reorganization act 1956. 5 before & 6t added in 1972 called NE

council. Consists of Union minister nominated by president, CM of each state in the

zone, two ministers from each state nominated by governor & one member per UT.

The CM of the state where the zonal council meets is the ex-officio chairman.UPSC Chairman & 8 members. Members appointed for a 6 year term or till they attain 65

years of age. President can issue orders for the removal of the members of the UPSConly after supreme court makes such recommendation on the basis of an enquiry.

Members not eligible for employment by the government after retirement. The state

can restrict the fundamental rights of civil servants.

Comptroller &

AuditorGeneral

6 years or till the age of 65 years. The president can remove CAG only after

recommendation of the two houses of parliament. Salary of 30,000. He only conductsaudit. Submits report to President who in turn places it before parliament.

Attorney

General

Qualification same as judge of supreme court. Appears before supreme court &

various high courts involving the Government of India.

ElectionCommission

Two commissioners with equivalent power. Period of 5 years. Job also includesdelimitation of constituency to ensure same number of people in each. The electioncommission of India appoints the ‘Returning officers’ for the state assembly elections

to help conduct fair elections. Election of local bodies comes under state election

commission. The state election commission is a single member commissioncomprising SEC.

FinanceCommission

Qualified to be appointed as judges of the high court or special knowledge of finance& accounts of government. Comprises chairman & four other members. Functions:-

recommend distribution of taxes between centre & states, grant-in-aid to states,

advice president on any matter.

Planning

Commission

Non-statutory body which formulates 5 year plans. The Commission works through

its various divisions, of which there are three kind: General Planning Divisions,Special Planning Divisions, Programme Administration Divisions

NDC Extra constitutional & extra legal body. Its recommendations are binding in nature as

per convention.

Minorities

commission

Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate

minister the welfare of SC/ST/OBC.

NHRC Statutory body.

Panchayat Panchayat is responsible to gram sabha, the general body of villagers comprising all

adults. Members usually range from 5 to 31. Members have same requirements asMLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI

schedule

PanchayatSamiti

Genearlly comprises of the sarpanches of village panchayats under the block. Itschairman called ‘Pradhan’ is elected from among its members. Responsible to gram

panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram

panchayat & Zilla Parishad

Zila Parishad Consists of representatives of panchayat samiti, local members of state legislature,

members of parliament, members representing SC/ST/Women/cooperative bodies.

Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members.Depends entirely on state government for grants.


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Constitution of India (Upto Part IV)

Part I The Union and its Territory

Article 1 Name and territory of the Union

Article 2 Admission or establishment of new States

Article 2a [Repealed] Sikkim to be associated with the Union

Article 3 Formation of new States and alteration of areas, boundaries or names of existing States

Article 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the

Fourth Schedule and supplemental, incidental and consequential mattersPart II Citizenship

Article 5 Citizenship at the commencement of the Constitution

Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan

Article 7 Rights of citizenship of certain migrants to Pakistan

Article 8 Rights of citizenship of certain persons of Indian origin residing outside India

Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens

Article 10 Continuance of the rights of citizenship

Article 11 Parliament to regulate the right of citizenship by law

Part III Fundamental Rights

Article 12 Definition

Article 13 Laws inconsistent with or in derogation of the fundamental rightsArticle 14 Equality before law meaning ‘equality of treatment within a class’

Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 16 Equality of opportunity in matters of public employment

Article 17 Abolition of Untouchability

Article 18 Abolition of titles

Article 19 Protection of certain rights regarding freedom of speech, etc.

Article 20 Protection in respect of conviction for offenses

Article 21 Protection of life and personal liberty

Article 21A Right to education.

Article 22 Protection against arrest and detention in certain casesArticle 23 Prohibition of traffic in human beings and forced labour

Article 24 Prohibition of employment of children in factories, etc.

Article 25 Freedom of conscience and free profession, practice and propagation of religion

Article 26 Freedom to manage religious affairs

Article 27 Freedom as to payment of taxes for promotion of any particular religion

Article 28 Freedom as to attendance at religious instruction or religious worship in certain

educational institutions

Article 29 Protection of interests of minorities

Article 30 Right of minorities to establish and administer educational institutions

Article 31 [Repealed] Compulsory acquisition of property

Article 31A Saving of laws providing for acquisition of estates, etc.Article 31B Validation of certain Acts and Regulations

Article 31C Saving of laws giving effect to certain directive principles

Article 31D [Repealed] Saving of laws in respect of anti-national activities

Article 32 Remedies for enforcement of rights conferred by this Part

Article 32A [Repealed]

Article 33 Power of Parliament to modify the rights conferred by this Part in their application to

Forces, etc.


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Article 34 Restriction on rights conferred by this Part while marital law is in force in any area

Article 35 Legislation to give effect to the provisions of this Part

Part IV Directive Principles of State Policy


Article 37 Application of the principles contained in this Part

Article 38 State to secure a social order for the promotion of welfare of the people

Article 39 Certain principles of policy to be followed by the State

Article 39A A Equal justice and free legal aidArticle 40 Organisation of village panchayats

Article 41 Right to work, to education and to public assistance in certain cases

Article 42 Provision for just and humane conditions of work and maternity relief

Article 43 Living wage, etc., for workers

Article 43A Participation of workers in management of industries

Article 44 Uniform civil code for the citizen

Article 45 Provision for free and compulsory education for children

Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes

and other weaker sections

Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve

public healthArticle 48 Organisation of agriculture and animal husbandry

Article 48A Protection and improvement of environment and safeguarding of forests and wild life

Article 49 Protection of monuments and places and objects of national importance

Article 50 Separation of judiciary from executive

Article 51 Promotion of international peace and security

Article 51A Fundamental Duties

Parliamentary Committees

1. Business Advisory Committee 15 members. Speaker is chairman

2.

Committee on Private Members Bills &

Resolutions

15 members. Deputy Chairman is chairman.

Classifies bills according to importance.

3. Select Committees Constituted for considering different bills.

4. Committee on Petitions 15 members.

5. Rules Committee 15 members. Speaker is head. Rules of House

6. Committee on Privileges 15 members. Violation of Privileges of M.P

7. Committee on Subordinate Legislations

8.

Committee on Welfare of Scheduled Castes

& Scheduled Tribes

30 Members. 20 M.Ps & 10 R.S.

9.

Committee on Government Assurances 15 members. How far assurances given by the

ministers have been implemented

10.

Committee on Absence of Members Examines leave applications of members11. Estimates Committee 30 members. Examines Annual Estimates &

suggests alternative policies

12. Public Accounts Committee 22 members. 15 M.Ps & 7 R.S. Assisted byComptroller & Auditor general. It acts as a watch

dog of expenditure.

13. Committee on Public Undertakings 15 members. 10 M.Ps & 5 R.S. Examines workingof public undertakings


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14. Joint Committee on Salaries & Allowances 15 members. 10 nominated by speaker & 5 by thechairman of Rajya Sabha.

15.

Joint Committee on Offices of Profit 15 members. 10 L.S & 5 R.S.

16.

Parliamentary Subject Committees 17 parliamentary committees were constituted. 11

by Speaker & 6 by chairman of Rajya Sabha

Parliamentary Terms

1.

Question Hour First hour of every sitting in the two houses of the parliament is devoted toasking & answering questions known as Question hour. The questions

consist of starred (oral), unstarred (written) & short notice question.

2.

Zero Hour The hour after the question hour. There is no mention of zero hour in the

rules of the parliamentary procedure & the term was coined by press in the

early 1960’s. Members raise matters which cannot brook any delay.

3. Adjournment Motion Moved to draw the attention to a recent matter of urgent public importance.

Only if 50 members support it & speaker grants permission.

4.

Calling Attention

Notice

A member with prior attention of the speaker may call the attention of a

minister to a matter of urgent public importance.

5.

Short Duration

Discussions

Private members can also bring matters of urgent public importance to the

notice of the House. The notice must be signed by at least 3 members6.

Cut Motion Motions to reduce the amount of demand for grants. They are of 3 types:

Disapproval of policy cut, Economy cut, Token Cut.

7. Guillotine When the discussion cannot be completed within stipulated time, the

speaker can put the matter to vote even without concluding discussion.

8.

Censure Motion At least 50 members support it & speaker should admit it. If the motion is

passed in the Lok Sabha, the council of ministers have to resign.

9.

By Elections To fill up the seat rendered vacant due to death.

Lists

Union List (99) Defence, Foreign affaris, currency, banking, communication, inter-state

trade, commerce, atomic energy, railways, highways, aerodromes.[Originally 97 items – one deleted, 3 added]

State List (61) Health, sanitation, public order, agriculture, prisons, local government,liquor, transportation, relief of disabled, sales tax & octroi, taxes on

entertainment & wealth. [Originally 66 items out of which 5 transferred to

concurrent list].

Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce,

drugs, newspapers, books & printing press, social insurance, trade unions,preventive detention, stamp duties. [Originally 47 but 5 items transferred to

this list from state list]

Commissions/committees & their Purpose1. S.K Dhar committee Reorganization of states on linguistic basis

2. JVP committee Jawahar, Vallabh, Pattabhi Sitaramayya (same as above)

3. Shah Commission Punjab Reorganization Act

4. Tarkunde Committee Electoral Reforms. Voting age to be reduced to 18 years (61st

amendment). Voter councils to be formed.

5. Dinesh GoswamiCommitte

Electoral Reforms. To save the security candidates should secureat least 1/4th of valid votes.


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6. Balwant Rai Mehta Recommendations approved by NDC. Rajasthan first adopted 3tier structure, followed by Andhra Pradesh & Bihar.

7.

Ashok Mehta Committee Working of panchayati raj institutions.

8.

Rajamannar Commission Recommended abolition of IAS & the IPS

Select Political Doctrines & Principles

The Doctrine Of

Colourability,

Idea that when the legislature wants to do something that it cannot do

within the constraints of the constitution, it colours the law with asubstitute purpose which will still allow it to accomplish its original goal.

Pith And Substance Interpretation used to determine under which head of power a given pieceof legislation falls. The doctrine is primarily used when a law is

challenged on the basis that one level of government (be it provincial or

federal) has encroached upon the exclusive jurisdiction of another level ofgovernment.

Doctrine of Severability Associated with declaration of law as unconstitutional & void by thecourts.

Principle of Harmonious

Construction

Concerned with the relationship between the fundamental rights & the

directive principles.

Miscellaneous Facts

1.

The idea of a constituent assembly to frame a constitution for India was first mooted by the Swaraja

Party in 1928. Dr. Sachhidanand Sinha was the Provincial president of the assembly that drafted the

Indian constitution later Rajendra Prasad took over. The constituent assembly set up 13 committees for

framing the constitution. On the basis of the reports, a draft of the constitution was prepared by a

seven member drafting committee under the chairmanship of Dr. B. R. Ambedkar. B.N. Rau acted as

the constitutional advisor to the constituent assembly. The preamble was proposed before the drafting

committee by J.L. Nehru.

2. While dealing with the reorganization of princely states, the constitution provided a four-fold

distribution of states, viz. A, B, C & D. Part A states comprised of nine erstwhile states under the

government of British India. Part B comprised of five princely states with legislatures. Part C of five

centrally administered areas & Part D comprised of Andamans & Nicobar.

3. The citizenship act of 1955 was first amended in 1986 & later in 2003. In 2003 a new law was passed

which permits PIO residing in 16 countries to have dual citizenship status. This will enable them to

participate in economic activities & real estate. However they cannot participate in elections.4.

The right to property (Article 31) eliminated from the list of fundamental rights by 44 th amendment in

1978. Now it is a constitutional right.

5.

The writ of Prohibition is available during the period when the proceedings are pending & the final

order is not made. Certiorari (meaning ‘to be informed’) can be issued only after the final order has

been made.


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6.

Right to education is granted by the 86th amendment carried out in 2002. Under this the government

shall provide free & compulsory education to all children from the age of 6 to 14. The right to

information has been granted to the citizens under the information act 2002.

7. In 1976 the delimitation of constituencies was freezed on the basis of the 1971 census upto 2001. In

2002 the 84th amendment extended the freeze up to 2026.

8.

The Parliament can also legislate on subjects in the state list if (a) the Rajya Sabha passes a resolution

by 2/3rd majority (b.) if the legislatures of two or more states recommend to parliament (c) For the

implementation of treaty with foreign powers (d) during emergency.

9. The stages of bill introduction are first reading, publishing in gazette, second reading, referred to

committee, committee submits its report with recommendations (amendments can be introduced here)

& third reading involving formal voting to accept or reject the bill (No amendments possible here).

10.

The final decision whether a bill is a money bill or not rests with the speaker. Rajya Sabha can delay

money bill only by 14 days.11.

Vote of Account is a provision to meet the expenses due the gap between the presentation & passage

of the budget. Normally vote of account is taken as two months for a sum equivalent to one-sixth of

the estimated expenditure of the whole financial year.

12. The government is collectively responsible only to the Lok Sabha.

13.

In the appointment of the judges of the Supreme Court & the high courts, the president is bound t act

in accordance with the opinion of the Chief Justice of India who would tender his opinion after

consulting his colleagues.

14.

The court appoints its officer & servants in consultation with the UPSC.

15. Bihar, J&K, Karnataka, Maharashtra & U.P are the only states with bicameral legislature.

16.

Family Courts, Lok Adalats (under State Legal Aid & Advice Boards) & Nyaya Panchayat are other

judicial bodies.

17. The administrators are known as lieutenant governors (Daman & Pondicherry), Chief commissioners

(Andamans & Chandigarh) & as administrators (Lakshadweep)

18. In UTs with legislative assembly the right to legislate on subjects enumerated in the state list &

concurrent list vests with the assembly but for other UTs parliament enacts the laws.

19. The constitution has made special provision for the administration of scheduled areas in a state other

than Assam, Meghalaya, Tripura & Mizoram. The right to declare any area as scheduled area rests

with the President & is subject to legislation by the parliament.

20. Comptroller & auditor general looks after the accounts of both the centre & the state.


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21.

In case the law is passed by the state legislature & received the approval of the President before the

enactment of law on the same subject by the Parliament, the former prevails.

22.

Sarkaria commissions recommendations included inter-governmental council formation, sparing use

of article 356, governor post/All India services/NDC to continue.

23. National Emergency: The proclamation of emergency should be approved by both houses within one

month of the date of issue & passed by 2/3rd majority otherwise ceases to operate in one month. Once

it has been approved it remains in force for a period of 6 months. The life of Lok Sabha can be

extended upto one year at a time & up to the period not exceeding beyond six months after the

proclamation ceases to operate. Fundamental rights except guaranteed in article 20 & 21 cannot be

suspended. Emergency was form 1962-68 & 1971-78. However according to 44th amendment, national

emergency cannot be declared on grounds of internal disturbances.

24. Emergency due to constitutional failure in state: Ceases to be in operation after the expiry of two

months unless approved by each house. After approval valid for 6 months. It can be extended byparliament for a further period of 6 months. To extend further election commission should certify &

still maximum period is 3 years. Declared more than 100 times, first time in Punjab. The court can

strike down emergency if found unconstitutional & revive the dissolved state assembly.

25. Financial Emergency: Remains in force for a period of 2 months unless approved. After approval 6

months. The maximum period is 3 years. President can reduce salary of judges of all courts & ask all

money bills passed by state legislature to be reserved.

26. Initially the constitution recognized 14 regional languages which were Hindi, Sanskrit, Urdu, Telugu,

Tamil, Malayalam, Kannada, Marathi, Gujarati, Oriya, Bengali, Assamese, Punjabi, Kashmiri. Sindhi

was added through 21st amendment. In 1992 three additional languages – Konkani, Manipuri & Nepali

were added by 71st amendment. In 2003 four more languages – Bodo, Maithili, Santhali & Dogri were

added to the eighth schedule raising the number to 22.

27. Special Provisions for J&K: Directive priniciples & fundamental duties do not apply. High court of

J&K enjoys very limited powers & cannot declare any law unconstitutional or issue writs except for

enforcement of fundamental rights. Residuary powers rest with the state government. The V & VI

schedule of constitution regarding scheduled areas & scheduled tribes not applicable. Assembly

consists of 100 members & legislative council 36 members. Urdu is official language. The constitution

was adopted on November 17, 1957. No emergency except that due to war/external aggression can be

automatically extended to the state.


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28.

Money comes to consolidated fund of India from revenues, fresh loans, repayment of loans. Money

can be spent out of this fund only after approval of parliament. Expenses charged on this fund include

debt charges of GOI, sums payable due to court award & salaries of CAG, Auditor general, judges etc.

29. Contingency fund is at the disposal of President & was constituted in 1950 by parliament. Expenses

should be subsequently authorized by parliament. State govt contingency fund is with governor.

30.

The security deposit for general elections is Rs 10,000 & for reserved seats 5,000.

31.

The 52nd amendment added tenth schedule to the constitution which dealt with anti-defection. The

final decision rested with speaker regarding defection, though it can be challenged in court.

32. 6 all India party & over 40 regional parties. National party if it secures more 6 per cent of the votes

polled in any four or more states. In addition it must win at least four seats in the House of the People

or should have at least 2 percent of the Lok Sabha seats from at least three different states (ie 11 MPs).

Regional party only six percent in a single state or at least 3 seats in the Assembly.

33.

73

rd

amendment gave constitutional status to panchayati raj. If panchayat is dissolved before 5 years,fresh elections should be held within 6 months.

34. Amendment normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. When

Rajya Sabha disagrees with the proposals, the amenment bill is lost.

35. Proportional representation with single transferable vote is followed in the elections of President, Vice

President & Members of Rajya Sabha.

36. The government of India instituted Bharat Ratna & Padma Shri under Article 18 of the constitution.

37. The procedure of election of the President can be modified through an amendment passed by two-

thirds majority by both the houses & be ratified by legislatures of at least half of the states.

38. V.P Singh resigned after loosing vote of no confidence in the Lok Sabha.

39.

Finance bill & appropriation bill are presented along with the budget. The recommendation of creation

of new all India services is the exclusive power of Rajya Sabha. A member of the panel of chairman

announced by the speaker presides over lok sabha if neither the speaker nor the depty speaker present.

40.

30 seats are reserved for STs in the Lok Sabha.

41. The concept of PIL originated in U.K. The number of judges of high court is determined by the

President.

42. The salary & emoluments of the president are exempt from income tax. This is not the case with chief

justice of India & election commissioner.


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43.

Disputes regarding the age of the judge of a highcourt shall be decided by the president in consultation

with the Chief Justice of India. A bench consisting of five or more judges is called a full bench of the

supreme court.

44. National commission for SC & the State Election Commission are not statutory body. Keeping the

units of Indian union under control & serving as the agents of the central government is not the

purpose of All India services.

45.

Only war & external aggression can lead to suspension of fundamental rights under article 19. Armed

rebellion does not cause the suspension.

46. Provisions regarding citizenship & provisional parliament were given immediate effect from 26th

November 1949. Elections & fundamental rights came later on 26 th January 1950.

47. Only when president’s rule is imposed, the parliament gests the exclusive authority to legislate on a

subject under state list.

48.

When the three lists come in conflict, List-I has priority over both List II & List III. Further List III haspriority over List II. The expression ‘Judicial review’ is not explicitly stated in the constitution & is

implied. President of India is an integral part of the parliament.

49.

The following enjoy the rank of a cabinet minister: deputy chairperson of planning commission,

Leader of opposition in Lok Sabha, Speaker of LS, and Chairman of Finance Commission. The

following are special voters in the elections to the lok sabha & the assemblies – Presidnet, VP,

Governors & Judges of the supreme court & high courts.

50. Lok Sabha enjoys the powers to pass vote on account, votes of credit & exceptional grants.

51.

U.K has no written constitution. New Zealand was the first country to grant franchise to women.

Essential Extra Reference

• Important Amendments


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Annexure - I

Other Articles of the Constitution

Part V The Union

Chapter I The Executive – The President & the Vice President

Article 52 The President of India

Article 53 Executive power of the Union

Article 54 Election of PresidentArticle 55 Manner of election of President

Article 56 Term of office of President

Article 57 Eligibility for re-election

Article 58 Qualifications for election as President

Article 59 Conditions of President's office

Article 60 Oath or affirmation by the President

Article 61 Procedure for impeachment of the President

Article 62 Time of holding election to fill vacancy in the office of resident and the term of office

or person elected to fill casual vacancy

Article 63 The Vice-President Of India

Article 64 The Vice-President to be ex-officio Chairman of the Council of States

Article 65 The Vice-President to act as President or to discharge his functions during casual

vacancies in the office, or during the absence, of President

Article 66 Election of Vice-President

Article 67 Term of office of Vice-President

Article 68 Time of holding election to fill vacancy in the office of Vice-President and the termof office of person elected to fill casual vacancy

Article 69 Oath or affirmation by the Vice-President

Article 70 Discharge of President's functions in other contingencies

Article 71 Matters relating to, or connected with, the election of a President or Vice-President

Article 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentencesin certain cases

Article 73 Extent of executive power of the Union

Council of Ministers

Article 74 Council of Ministers to aid and advise President

Article 75 Other provisions as to Ministers

Attorney General of India

Article 76 Attorney-General for India

Conduct of Government Business

Article 77 Conduct of business of the Government of India

Article 78 Duties of Prime Minister as respects the furnishing of information to the President,

etc.Chapter II Parliament

Article 79 Constitution of Parliament

Article 80 Composition of the Council of States -

Article 81 Composition of the House of the People

Article 82 Readjustment after each census

Article 83 Duration of Houses of Parliament

Article 84 Qualification for membership of Parliament


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Article 85 Sessions of Parliament, prorogation and dissolution

Article 86 Right of President to address and send messages to Houses

Article 87 Special address by the President

Article 88 Rights of Ministers and Attorney-General as respects Houses

Officers of the Paliament

Article 89 The Chairman and Deputy Chairman of the Council of States

Article 90 Vacation and resignation of, and removal from, the office of Deputy Chairman

Article 91 Power of the Deputy Chairman or other person to perform the duties of the office of,or to act as, Chairman

Article 92 The Chairman or the Deputy Chairman not to preside while a resolution for hisremoval from office is under consideration

Article 93 The Speaker and Deputy Speaker of the House of the People

Article 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy

Speaker

Article 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or

to act as Speaker

Article 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal

from office is under consideration

Article 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker andDeputy Speaker

Article 98 Secretariat of Parliament

Conduct of Business

Article 99 Oath or affirmation by members

Article 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualification of Members

Article 101 Vacation of seats

Article 102 Disqualifications for membership

Article 103 Decision on questions as to disqualifications of members

Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or

when not qualified or when disqualified

Powers, Priviledges & Immunities of Parliament & its Members

Article 105 Powers, Privileges, etc., of the Houses of Parliament and of the members andcommittees thereof

Article 106 Salaries and allowances of members

Legislative Procedure

Article 107 Provisions as to introduction and passing of Bills

Article 108 Joint sitting of both Houses in certain cases

Article 109 Special procedure in respect of Money Bills

Article 110 Definition of "Money Bills"

Article 111 Assent to Bills Procedure in Financial Matters

Article 112 Annual financial statement

Article 113 Procedure in Parliament with respect to estimates (1) So much of the estimates as

relates to expenditure charged upon the Consolidated Fund of India shall not besubmitted to the vote of Parliament, but nothing in this clause shall be construed as

preventing the discussion in either House of Parliament of any of those estimates.

Article 114 Appropriation Bills


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Article 115 Supplementary, additional or excess grants

Article 116 Votes on account, votes of credit and exceptional grants

Article 117 Special provisions as to financial Bills

Article 118 Rules of procedure

Procedure Generally

Article 119 Regulation by law of procedure in Parliament in relation to financial business

Article 120 Language to be used in Parliament

Article 121 Restriction on discussion in ParliamentArticle 122 Courts not inquire into proceedings of Parliament

Chapter III Legislative Powers of the President

Article 123 Power of President to promulgate Ordinances during recess of Parliament

Chapter IV The Union Judiciary

Article 124 Establishment and Constitution of Supreme Court

Article 125 Salaries, etc., of Judges

Article 126 Appointment of acting Chief Justice

Article 127 Appointment of ad hoc Judges

Article 128 Attendance of retired Judges at sittings of the Supreme Court

Article 129 Supreme Court to be a court of record

Article 130 Seat of Supreme Court

Article 131 Original jurisdiction of the Supreme Court

Article 131A [Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to

constitutional validity of Central laws

Article 132 Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases

Article 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard tocivil matters

Article 134 Appellate jurisdiction of Supreme Court in regard to criminal matters

Article 134A Certificate for appeal to the Supreme Court

Article 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by

the Supreme Court

Article 136 Special leave to appeal by the Supreme Court

Article 137 Review of judgements or orders by the Supreme Court

Article 138 Enlargement of the jurisdiction of the Supreme Court

Article 139 Conferment on the Supreme Court of powers to issue certain writs

Article 139A Transfer of certain cases

Article 140 Ancillary powers of Supreme Court

Article 141 Law declared by Supreme Court to be binding on all courts

Article 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Article 143 Power of President to consult Supreme Court

Article 144 Civil and judicial authorities to act in aid of the Supreme Court

Article 144A [Repealed] Article 145 Rules of Court, etc.

Article 146A Officers and servants and the expenses of the Supreme Court

Article 147 Interpretation

Chapter V Comptroller and Auditor-General of India

Article 148 Comptroller and Auditor-General of India

Article 149 Duties and powers of the Comptroller and Auditor-General

Article 150 Form of accounts of the Union and of the States


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Article 151 Audit reports

Part VI The States

Chapter I General


Chapter II The Executive – The Governor

Article 153 Governors of States

Article 154 Executive power of State

Article 155 Appointment of GovernorArticle 156 Term of office of Governor

Article 157 Qualifications for appointment as Governor

Article 158 Conditions of Governor's office

Article 159 Oath or affirmation by the Governor

Article 160 Discharge of the functions of the Governor in certain contingencies

Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute

sentences in certain cases

Article 162 Extent of executive power of State

Council of Ministers

Article 163 Council of Ministers to aid and advise Governor

Article 164 Other provisions as to Ministers

Advocate General of the State

Article 165 Advocate-General for the State

Conduct of Government Business

Article 166 Conduct of business of the Government of a State

Article 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Chapter III The State Legislature

Article 168 Constitution of Legislatures in States

Article 169 Abolition or creation of Legislative Councils in States

Article 170 Composition of the Legislative Assemblies

Article 171 Composition of the Legislative CouncilArticle 172 Duration of States Legislatures

Article 173 Qualification for membership of the State Legislature

Article 174 Sessions of the State Legislature, prorogation and dissolution

Article 175 Right of Governor to address and send messages to the House or Houses

Article 176 Special address by the Governor

Article 177 Rights of Ministers and Advocate

Officers of the State Legislature

Article 178 The Speaker and Deputy Speaker of the Legislative Assembly

Article 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy

Speaker

Article 180 Power of the Deputy Speaker or other person to perform the duties of the office of, orto act as, Speaker

Article 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal

from office is under consideration

Article 182 The Chairman and Deputy Chairman of the Legislative Council

Article 183 Vacation and resignation, of and removal from, the offices of Chairman and DeputyChairman

Article 184 Power of the Deputy Chairman or other person to perform the duties of the office of,


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or to act as, Chairman

Article 185 The Chairman or the Deputy Chairman not to preside while a resolution for his

removal from office is under consideration

Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and

Deputy Chairman

Article 187 Secretariat of State Legislature

Article 188 Oath or affirmation by members

Conduct of BusinessArticle 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Article 190 Vacation of seats

Disqualification of Members

Article 191 Disqualification for membership

Article 192 Decision on question as to disqualifications of members

Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or

when not qualified or when disqualified

Power, Privileges & Immunities of State Legislatures & their Members

Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and

committees thereof

Article 195 Salaries and allowances of membersLegislative Procedure

Article 196 Provisions as to introduction and passing of Bills

Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 198 Special procedure in respect of Money Bills

Article 199 Definition of "Money Bills"

Article 200 Assent to Bills

Article 201 Bills reserved for consideration

Procedure in Financial Matters

Article 202 Annual financial statement

Article 203 Procedure in Legislature with respect to estimates

Article 204 Appropriation Bills

Article 205 Supplementary, additional or excess grants

Article 206 Votes on account, votes of credit and exceptional grants

Article 207 Special provisions as to financial Bills

Procedure Generally

Article 208 Rules of procedure

Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial

business

Article 210 Language to be used in the Legislature

Article 211 Restriction on discussion in the Legislature

Article 212 Courts not to inquire into proceedings of the LegislatureChapter IV Legislative Power of the Governor

Article 213 Power of Governor to promulgate Ordinances during recess of Legislature

Chapter V The High Courts in the States

Article 214 High Courts for States

Article 215 High Courts to be courts of record

Article 216 Constitution of High Courts

Article 217 Appointment and conditions of the office of a Judge of a High Court


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Article 218 Application of certain provisions relating to Supreme Court to High Courts

Article 219 Oath or affirmation by Judges of High Courts

Article 220 Restriction on practice after being a permanent Judge

Article 221 Salaries, etc., of Judges

Article 222 Transfer of a Judge from one High Court to another

Article 223 Appointment of acting Chief Justice

Article 224 Appointment of additional and acting Judges

Article 224A Appointment of retired Judges at sittings of High CourtsArticle 225 Jurisdiction of existing High Courts

Article 226 Power of High Courts to issue certain writs

Article 226A [Repealed] Constitutional validity of Central laws not to be considered in

proceedings under article 226

Article 227 Power of superintendence over all courts by the High Court

Article 228 Transfer of certain cases to High Court

Article 228A [Repealed] Special provisions as to disposal of questions relating to constitutionalvalidity of State laws

Article 229 Officers and servants and the expenses of High Courts

Article 230 Extension of jurisdiction of High Courts to Union territories

Article 231 Establishment of a common High Court for two or more StatesChapter VI Subordinate Courts

Article 233 Appointment of district judges

Article 233A Validation of appointments of, and judgments, etc. delivered by, certain district

judges

Article 234 Recruitment of persons other than district judges to the judicial service

Article 235 Control over subordinate courts


Article 237 Application of the provisions of this Chapter to certain class or classes of magistrates

Part VII [Repealed] The States in Part B of the First Schedule

Part VIII The Union Territories

Article 239 Administration of Union territories

Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union

territories

Article 239AA Special provisions with respect to Delhi

Article 239AB Provision in case of failure of constitutional monarchy

Article 239B Power of administrator to promulgate Ordinances during recess of Legislature

Article 240 Power of President to make regulations for certain Union territories

Article 241 High Courts for Union territories

Article 242 [Repealed]

Part IX The Panchayats

Article 243 DefinitionsArticle 243A Gram Sabha

Article 243B Constitution of Panchayats

Article 243C Composition of Panchayats

Article 243D Reservation of seats

Article 243E Duration of Panchayats, etc.

Article 243F Disqualifications for membership

Article 243G Powers, authority and responsibilities of Panchayats


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Article 243H Powers to impose taxes by, and Funds of, the Panchayats

Article 243I Constitution of Finance Commission to review financial position

Article 243J Audit of accounts of Panchayats

Article 243K Elections to the Panchayats

Article 243L Application to Union territories

Article 243M Part not to apply to certain areas

Article 243N Continuance of existing laws and Panchayats

Article 243O Bar to interference by courts in electoral mattersPart IXA The Municipalities

Article 243P Definitions

Article 243Q Constitution of Municipalities

Article 243R Composition of Municipalities

Article 243S Constitution and composition of Wards Committees, etc.

Article 243T Reservation of seats

Article 243U Duration of Municipalities, etc.

Article 243V Disqualifications for membership

Article 243W Powers, authority and responsibilities of Municipalities etc.

Article 243X Power to impose taxes by, and Funds of, the Municipalities

Article 243Y Finance Commission

Article 243Z Audit of accounts of Municipalities

Article 243ZA Elections to the Municipalities

Article 243ZB Application to Union territories

Article 243ZC Part not to apply to certain areas

Article 243ZD Committee for district planning

Article 243ZE Committee for Metropolitan planning

Article 243ZF Continuance of existing laws and Municipalities

Article 243ZG Bar to interference by Courts in electoral matters

Part X The Scheduled and Tribal Areas

Article 244 Administration of Scheduled Areas and Tribal AreasArticle 244A Formation of an autonomous State comprising certain tribal areas in Assam and

creation of local Legislature or Council of Ministers or both therefor

Part XI Relations Between the Union and the States

Chapter I Legislative Relations

Article 245 Extent of laws made by Parliament and by the Legislatures of States

Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States

Article 247 Power of Parliament to provide for the establishment of certain additional courts

Article 248 Residuary powers of legislation

Article 249 Power of Parliament to legislate with respect to a matter in the State List in the

National interest

Article 250 Power of Parliament to legislate with respect to any matter in the State List if aProclamation of Emergency is in operation

Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws

made by the legislatures of States

Article 252 Power of Parliament to legislate for two or more States by consent and adoption of

such legislation by any other State

Article 253 Legislation for giving effect to international agreements

Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures


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of States

Article 255 Requirements as to recommendations and previous sanctions to be regarded as

matters of procedure only

Chapter II Administrative Relations

Article 256 Obligation of States and the Union

Article 257 Control of the Union over States in certain cases

Article 257A Assistance to States by deployment of armed forces or other forces of the Union

Article 258 Power of the Union to confer powers, etc., on States in certain casesArticle 258A Power of the States to entrust functions to the Union

Article 259 [Repealed] Armed Forces in States in Part B of the First Schedule

Article 260 Jurisdiction of the Union in relation to territories outside India

Article 261 Public acts, records and judicial proceedings

Disputes relating to Waters

Article 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys

Co-ordination between States

Article 263 Provisions with respect to an inter-State Council

Part XII Finance, Property, Contracts and Suits

Chapter I Finance

Article 264 InterpretationArticle 265 Taxes not to be imposed save by authority of law

Article 266 Consolidated Funds and public accounts of India and of the States

Article 267 Contingency Fund

Article 268 Duties levied by the Union but collected and appropriated by the States

Article 269 Taxes levied and collected by the Union but assigned to the States

Article 270 Taxes levied and collected by the Union and distributed between the Union and the

States

Article 271 Surcharge on certain duties and taxes for purposes of the Union

Article 272 [Omitted]

Article 273 Grants in lieu of export duty on jute and jute productsArticle 274 Prior recommendation of President require to Bills affecting taxation in which States

are interested

Article 275 Grants from the Union to certain States

Article 276 Taxes on professions, trades, callings and employments

Article 277 Savings

Article 278 [Repealed] Agreement with States in Part B of the First Schedule with regard to

certain financial matters

Article 279 Calculation of "net proceeds", etc.

Article 280 Finance Commission

Article 281 Recommendations of the Finance Commission

Miscellaneous Financial ProvisionsArticle 282 Expenditure defrayable by the Union or a State out of its revenues

Article 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the

public accounts

Article 284 Custody of suitors' deposits and other moneys received by public servants and courts

Article 285 Exemption of property of the Union from State taxation

Article 286 Restriction as to imposition of tax on the sale or purchase of goods

Article 287 Exemption from taxes on electricity


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Article 288 Exemption from taxation by States in respect of water or electricity in certain cases

Article 289 Exemption of property and income of a State from Union taxation

Article 290 Adjustment in respect of certain expenses and pensions

Article 290A Annual payment to certain Devaswom Funds


Chapter II Borrowing

Article 292 Borrowing by the Government of India

Article 293 Borrowing by StatesChapter III Property, Contacts, Rights, Liabilities, Obligations and Suits

Article 294 Succession to property, assets, rights, liabilities and obligations in certain cases

Article 295 Succession to property, assets, rights, liabilities and obligations in other cases

Article 296 Property accruing by escheat or lapse or as Bona vacantia

Article 297 Things of value within territorial waters or continental shelf and resources of the

exclusive economic zone to vest in the Union

Article 298 Power to carry on trade, etc.

Article 299 Contracts

Article 300 Suits and proceedings

Chapter IV Right to Property

Article 300A Persons not to be deprived of property save by authority of law

Part XIII Trade, Commerce and Intercourse Within the Territory of India

Article 301 Freedom of trade, commerce and intercourse

Article 302 Power of Parliament to impose restrictions on trade, commerce and intercourse

Article 303 Restrictions on the legislative powers of the Union and of the States with regard to

trade and commerce

Article 304 Restriction on trade, commerce and intercourse among States

Article 305 Saving of existing laws and laws providing for State monopolies


Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304

Part XIV Services Under the Union and the StatesChapter I Services


Article 309 Recruitment and conditions of service of persons serving the Union or a State

Article 310 Tenure of office of persons serving the Union or a State

Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities underthe Union or a State

Article 312 All-India services

Article 312A Power of Parliament to vary or revoke conditions of service of officers of certain

services

Article 313 Transitional provisions

Article 314 [Repealed] Chapter II Public Service Commissions

Article 315 Public Service Commissions for the Union and for the States

Article 316 Appointment and term of office of members

Article 317 Removal and suspension of a member of a Public Service Commission

Article 318 Power to make regulations as to conditions of service of members and staff of theCommission

Article 319 Prohibition as to the holding of offices by members of Commission on ceasing to be


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such members

Article 320 Functions of Public Service Commissions

Article 321 Power to extend functions of Public Service Commissions

Article 322 Expenses of Public Service Commissions

Article 323 Reports of Public Service Commissions

Part XIVA Tribunals

Article 323A Administrative tribunals

Article 323B Tribunals for other mattersPart XV Elections

Article 324 Superintendence, direction and control of elections to be vested in an election

commission

Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special,electoral roll on grounds of religion, race, caste or sex

Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be

on the basis of adult suffrage

Article 327 Power of Parliament to make provision with respect to elections to Legislatures

Article 328 Power of Legislature of a State to make provision with respect to elections to such

Legislature

Article 329 Bar to interference by courts in electoral mattersArticle 329A [Repealed

Part XVI Special Provisions Relating to Certain Classes

Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the

People

Article 331 Representation of the Anglo-Indian community in the House of the People

Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative

Assemblies of the States

Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of theStates

Article 334 Reservation of seats and special representation to cease after fifty years

Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts

Article 336 Special provision for Anglo-Indian community in certain services

Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indiancommunity

Article 338 National Commission for Scheduled Castes,

Article 338A National Commission for Scheduled Tribes

Article 339 Control of the Union over the administration of Scheduled Areas and the welfare ofScheduled Tribes

Article 340 Appointment of a Commission to investigate the conditions of backward classes

Article 341 Scheduled Castes

Article 342 Scheduled TribesPart XVII Official Language

Chapter I Language of the Union

Article 343 Official language of the Union

Article 344 Commission and Committee of Parliament on official language

Chapter II Regional Languages

Article 345 Official language or languages of a State

Article 346 Official language for communication between one State and another or between a


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State and the Union

Article 347 Special provision relating to language spoken by a section of the population of a

State

Chapter III Language of the Supreme Court, High Courts, etc.

Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts,Bills, etc.

Article 349 Special procedure for enactment of certain laws relating to language

Chapter IV Special DirectivesArticle 350 Language to be used in representations for redress of grievances

Article 350A Facilities for instruction in mother-tongue at primary stage

Article 350B Special Officer for linguistic minorities

Article 351 Directive for development of the Hindi language

Part XVIII Emergency Provisions

Article 352 Proclamation of National Emergency

Article 353 Effect of Proclamation of Emergency

Article 354 Application of provisions relating to distribution of revenues while a Proclamation of

Emergency is in operation

Article 355 Duty of the Union to protect States against external aggression and internal

disturbanceArticle 356 Provisions in case of failure of constitutional machinery in States

Article 357 Exercise of legislative powers under Proclamation issued under article 356

Article 358 Suspension of provisions of article 19 during emergencies

Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies

Article 359A [Repealed] Application of this Part to the State of Punjab

Article 360 Provisions as to financial emergency

Part XIX Micsellaneous

Article 361 Protection of President and Governors and Rajpramukhs

Article 361A Protection of publication of proceedings of Parliament and State Legislatures

Article 362 [Repealed] Rights and privileges of Rulers of Indian States

Article 363 Bar to interference by courts in disputes arising out of certain treaties, agreements,

etc.

Article 363A Recognition granted to Rulers of Indian States to cease and Privy purses to be

abolished

Article 364 Special provisions as to major ports and aerodromes

Article 365 Effect of failure to comply with, or to give effect to, directions given by the Union

Article 366 Definitions


Part XX Amendment of the Constitution

Article 368 Power of Parliament to amend the Constitution and procedure therefor

Part XXI Temporary, Transitional and Special ProvisionsArticle 369 Temporary power to Parliament to make laws with respect to certain matters in the

State List as if they were matters in the Concurrent List

Article 370 Temporary provisions with respect to the State of Jammu and Kashmir

Article 371 Special provision with respect to the States of Maharashtra and Gujarat

Article 371A Special provision with respect to the State of Nagaland

Article 371B Special provision with respect to the State of Assam

Article 371C Special provision with respect to the State of Manipur


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Article 371D Special provisions with respect to the State of Andhra Pradesh

Article 371E Establishment of Central University in Andhra Pradesh

Article 371F Special provisions with respect to the State of Sikkim

Article 371G Special provision with respect to the State of Mizoram

Article 371H Special provision with respect to the State of Arunachal Pradesh

Article 371I Special provision with respect to the State of Goa

Article 372 Continuance in force of existing laws and their adaptation

Article 372A Power of the President to adapt lawsArticle 373 Power of President to make order in respect of persons under preventive detention in

certain cases

Article 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal

Court or before His Majesty in Council

Article 375 Courts, authorities and officers to continue to function subject to the provisions of the

Constitution

Article 376 Provisions as to Judges of High Courts

Article 377 Provisions as to Comptroller and Auditor-General of India

Article 378 Provisions as to Public Commissions

Article 378A Special provisions as to duration of Andhra Pradesh Legislative Assembly

Article 379 [Article 379-391 Repealed]Article 392 Power of the President to remove difficulties

Part XXII Short Title, Commencement, Authoritative Text in Hindu and Repeals

Article 393 Short title

Article 394 Commencement

Article 394A Authoritative text in the Hindi language

Article 395 Repeals

Indian Polity Prelims

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