Landmark Judgments of The Supreme Court of India: Ultra Vires and Illegal

__________---------------------------------------------- l
LANDMARK JUDGMENTS OF
THE SUPREME COURT OF INDIA
• A.K. Gopalan v. State of Madras: 1950 - Scope

Constitution against arbitrary and unreasonable
and meaning of life and personal liberty under Article 21.
acti<?ns of the executive and judiciary. Normally
• Keshavan Madhava Menon v. State of Bombay:
punIshment for offence of murder is sentence of life
1951 - No retrospective effect for fundamental rights
imprisonment; the court can depart from that rule and
guaranteed by the Constitution.
impose qeath sentence if there are special reasons for
• Kharak Singh v. State of Uttar Pradesh: 1964
domg so. Such reasons must be recorded in writing.
Right to privacy an integral part of right to life.
• D.S. Nakara v. Union of India: 1983 On
• Golak Nath v. State of Punjab: 1967 (Eleven
fairness and equity of treatment as per Article 14.
Judge Bench). Parliament is a constituted body and not
• Machhi Singh v. State of Punjab: 1983
a constituent body; fundamental rights are immune
Categories of rarest of rare cases deserving death
from amendment by Parliament.
sentences.
• P.. Rajendran v. State of Madras: 1968 • . Indian Express Newspapers v. Union of India:
Justifications for allowing caste based reservations.
1985 - Nature and extent of restrictions possible on
• Madhav Jiwaji Rao Scindia v. Union of India:
freedom of speech and expression.
1970 The order i!?sued by the President of India
• Sta~e of Himachal Pradesh v. A Parent of a
derecognising the Rulers of former Indian states is
Student: 1985 - If in the nature of a Public Interest
ultra vires and illegal.
Litigation (PIL), even letter can be treated as a writ
• Kesavananda Bharati v. State of Kerala: petition.
.1973 - (Thirteen Judge Bench) An amendment to the
• Mohd. Ahmed Khan v. Shah Bano Begum: 1985 I::::
Constitution is not !'law", and to the extent that it does

State's initiative demanded in making a uniform civil
not violate the basic structure of the Constitution, it is
eode.
valid. .
• Bijoe Emmanuel v. State' of Kerala: 1986
• Shamsher Singh v. State of Punjab: 1974
Religious beliefs permits one not to sing the national
Neither the President nor the Governor is to exercise
anthem. .
the executive functions personally.
• Kehar Singh v. Union of India: 1986 - President
-. Ahmedabad St. Xaviers College Society v. State of India's clemency power under Article 72; Power
of Gujarat: 1974 - Right of minorities: Articles 29 and of the President to even review the decision of the
30 are not mutually exclusive. Supreme Court.
~ Smt. Indira Nehru Gandhi v. Raj Narain: 1975 • A.R. Antulay v. R.S. Nayak: 1988 - The.power
. - Right to free and fair elections is a basic feature of to enlarge jurisdiction is legislative in character, so also
the Constitution. the power to confer the right of appeal or take away a
• ADM Jabalpur v. S.· Shukla: 1976 Right to
right of appeal.
approach court under Articles 14, 21 and 22 would
• Sodan Singh v. New Delhi Municipal
remain suspended during the Emergency.
C:~rporation: 1989 ~ 0' the legitimate use of roads by
CItIzens; street tradmg IS a fundamental right .
• Rev Stainisiaus v. State of Madhya Pradesh:
1977 - Prohibition of conversion by force, fraud and

• Indra Sawhney v. Union of India: 1992 (2)
inducement.
For. the purpose of reservation, backward classes can
be identified on the basis of caste; creamy layer must
• Maneka Gandhi v. Union of India: 1978
be excluded; reservation shall not exceed 50%; no
- Fundamental rights conferred by Part III of the
Constitution are not distinct and mutually exclusive.

reservation in promotions.
• Minerva Mills v. Union of India: 1980 • Kihotta Hollohan v. Zachillhu: 1992 - Anti
Parliament's amending power is limited and by
defection law is not violative of any rights or freedom
amending the Constitution this power cannot be
or the basic structure of parliamentary democracy.
converted into an unlimited power.
• Supreme Court Advocates-on-Record Assn.
v. Union of India: 1993 - Role of the Supreme Court
• Khatri (II) v. State of Bihar: 1981 State is
constitutionally bound to provide free legal aid to poor

and independence of the judiciary in appointment of
or indigent accused who are incapable of engaging
judges.
lawyers.
• S.R. Bommai v. Union of India: 1994
Conditions under which state governments may be
• S.P. Gupta v. Union of India: 1981
Independence of judiciary in appointment of judges.
dismissed.
• L. Chandrakumar v. Union of India: 1995
• Bachan Singh v. State of Punjab: 1982
Protection through articles 14, 19 and 21 of the Power for review by the Supreme and High Courts is
part of the basic structure of the Constitution.
6
Landmark Judgments of the Supreme Court of India 7
• e. Masilamani Mudaliar v. Idol of Sri to be included within the definition of "state" under
Swaminathaswami Swaminathaswami Thirukoi1: Article 12 of the Constitution.
1996 - Right of women to elimination of gender based • P.A. Inamdar v. State of Maharashtra: 2005
discrimination particularly in respect of property. Right to impart education is a fundamental right under
• Gian Ka.ur v. State of Punjab: 1996 Right to Article 19(1)(g); rights of minority unaided educational
life does not include right to die. institutions.
• Vellore Citizens Welfare Forum v. Union of • Islamic Academy of Education v. State of
India: 1996 - On curbing industrial pollution and the Kamataka: 2006 Rights of minorities under article
enforcement of "polluter pays" principle. 30(1) is not absolute and is subject to reasonable
• .Mafatlal Industries v. Union of India: 1997 restrictions.
Illegally collected tax is not the property of. the state • M. Nagaraj v. Union of .India: 2006 Equality
and is not within the disposing power of the state. of treatment under Article 14; State not bound to make
Assessee has the tight to seek refund of taxes illegally reservation for SCs/ST's in matters of promotion.
and unauthorisedly collected. • I.R. Coelho v. State of Tamil Nadu: 2007
• D.K. Basu v. State of West Bengal: 1997 Power of the judiciary to review laws whi.ch destroy
Guidelines to be followed in all cases of arrest or or damage the basic structure of the Constitution even
detention. when such laws are inserted in the Ninth Schedule of
• Vishaka v. State of Rajasthan: 1997 - Right of the Constitution.
working women to dignity and safety. Guidelines to • Ashok Kumar Thakur v. UOI: 2008 - On the
prevent harassment of women at their place of work. validity of the Constitution Amendment (93rd) Act
• Dinesh Trivedi v. Union of India: 1997 reservil'1g 27% seats to aBC students in institutions of
Citizens' right to know about decisions and actions of higher learning.
the government. • Alllndia Anna Dravida Munnetra Kazhagam v.
• M.e. Mehta v. Kamal Nath: 1997 - Public Trust State of Tamil Nadu: 2009 - Impermissibility' of bandh.
Doctrine is part of the Indian law (Ecology). • Malay Kumar Ganguly v. Dr. Sukumar
• PUCL v. Union of India: 1997 - Right under Mukherjee: 2009 Hospitals. knowingly failing in
Article 19(1)(a) includes right to hold telephone providing amenities that are fundamental to the
conversations in privacy. patients would amount to medical malpractice.
• West Bengal Housing Board v. Brijendra: 1997 • Amarinder Singh v. Punjab Vidhan Sabha:
Supreme Court not to interfere in matters of policy 2010 On privileges of the House and improper
unless the action of the government is unconstitutional exercise of power by the State Legislature on issues of
or ultra vires or arbitrary, irrational or in abuse of power. misconduct by any member.
• "X" v. ~/Z" Hospital: 1998 - AIDS patient does • State of Maharashtra v. Sangharaj Damodar
not have right to marry till cured; right to privacy is Ruparwate: 2010 Guidelines to be followed while
not absolute. . . passing orders for forfeiture/impounding of books.
• Gita Hariharan v. ReServe Bank of India, 1999 • Selvi v. State of Kamataka; 2010 - Meaning
Mother's right to be the natural guardian inspite of and scope of "self incrimination," Marco analysis,
the father being alive. polygraph and BEAP tests are methods of interrogation
• State of Karnataka v. State of AP: 2000 Right violative of Article 21.
of water is a right to life. • S. Kushboo v. Kaniammal: 2010 Morality and
• Danial LaHfi v. Union of India: 2001 On criminality not to be treated as coextensive. Morally
the constitutional validity of the Muslim Women provocative statements which does not make out any
(Protection of Rights on Divorce) Act, 1986. offence cannot be subjected to interference under
criminal law.
• N. Adithyan v. Travancore Devaswom Board:
2002 - On whether only Brahmins could be ordained • Bhabani Prasad Jena v. Orissa State
as priests in certain temples in Kerala. Commission for Women: 2010 DNA test to be
allowed only when a strong prima facie case and an
• TMA Pai Foundation v. State of Kamataka: eminent need is made out for such a course.
2002 - States/Universities cannot regulate admission
of students and staff recruitment by minority unaided • State of West Bengal v. Committee for the
educational institutions. States/ Universities can . Protection of Democratic Rights: 2010 On the
specify qualifications for ensuring academic standard. powers of the constitutional courts with regard to the
enforcement of fundamental rights.
• Rupa Ashok Hurra v. Ashok Hurra: 2002 - On
allowing curative petition after the dismissal of the • CBSE v. Aditya Bandopadhyaya: 2011
review petition on the final judgement of the Supreme Interpretation of the Right to Information Act.
Court. Examinee's right includes the right to inspection of his
evaluated answer books.
• Pradeep Kumar Biswas v. Indian Institute of
Chemical Biology: 2002 Multiple test for determining • Nandini Sundar v. State of Chhattisgarh: 2011
whether a particular Corporation or Body can be held Appointment of illiterate tribal youth as Special Police
8 General Knowledge
Officers to fight 'salwa judum' to counter Maoists Freedom of Speech Guaranteed under Article 19(1)(a)
unconstitutional; violate Articles 14 and 21. of the Constitution of India.
• Aruna Ramachandra Shanbaug v. Union of • Yakub Abdul RazakMemon v. State of
India: 2011- Guidelines for passive euthanasia. Maharashtra, Writ Petition (Criminal) No. 135 of 2015
• Centre for Public Interest Litigation v. Union of - Memon's Last Appeal before the Supreme Court
India: 2012 - While distributing natural resources, the Dismissed President had rejected Mercy Petition
State is bound to act in consonance with principles of after Due Consideration of All Relevant Facts.
equality and public trust and ensure that no action is
taken which may be detrimental to public interest. IMPORTANT QUOTATIONS
• Vodafone International Holdings BV v. Union Power tends to corrupt, and absolute power
of India: 2012 - Indian tax authorities does not have corrupts absolutely. Lord Acton
jurisdiction to impose tax on off - shore transaction Knowledge is power Francis Bacon
C
between two non - resident companies even when the Man is born free and everywhere he is in chains.
purpose of the transaction is to acquire Indian assets of Jean-jacques Rousseau
the foreign company. Man is by nature a political animal. Aristotle
• Society of Unaided Private Schools of Rajasthan The child is father of the man William Wordsworth
v. Union of India: 2012 - Right of Children to Free and
Compulsory Education Act, 2009 is constitutionally I came, ~ saw, lconquered.
valid; the Act as such shall not apply to unaided (Veni, Vidi, Vici). Julius Caesar
minority schools. Three passions, simple but overwhelmingly strong,
• Bharat Aluminium Co. v. Kaiser Aluminium have governed my life : the longing for love, the search
Technical Service Inc., (2012) 9 SCC 552 - Suit for for knowledge, and unbearable pity for the suffering of
Interim Injunction is not Maintainable in India on the mankind. Bertrand Russell
Basis of an International Commercial Arbitration with A thing of beauty is a joy forever;
a seat Outside India. Its loveliness increases;
• Novertis AG v. Union of India, AIR 2013 SC It will never pass into nothingness. John Keats
1311- Evergreening of Patents. Truth and non-violence are my God.
• Suresh Kumar Koushal v. NAZ Foundation, Mahatma Gandhi

Civil Appeal No. 10972 of 2013 (Arising out of SLP There is no God higher than truth. Mahatma Gandhi
(C) No. 15436 of 2009). Decided on 11-12-2013
It's better to reign in hell than to serve in heaven.
Constitutional Validity of Section 377 of IPe.
John Milton
• Shabnam Hashmi v. Union of India, Writ
Petition (Civil) No. 470 of 2005. Decided on 19-2-2014 , Sweet are the uses of adversity,
- Rights of a Muslim to Adopt Child. Which like a toad, ugly and venomous,
Wears yet a precious jewel in his head.
• National Legal Services Authority v. Union of William Shakespeare
India, Writ P~tition (Civil) No. 400 of 2012. Decided
on 15-4-2014 - Recognition of Transgender as Third Change is the law of life.
Gender. And those who look only to
the past or present are
• Indian Bank Association v. Union of India, Writ certain to miss the future. John F. Kennedy
Petition (Civil) No. 18 of 2013. Decided on 21-1-2014
The e1)d of law is not to
- Direction Issued for Disposal of Cases Relating to
Dishonour of Chques. . abolish or restrain, but to
preserve and enlarge
• Supreme Court Advocates-on-Record freedom. For in all the states.
Association v. Union of India, Writ Petition (Civil) of created beings capable of
13 of 2015. Decided on 16-12-2015 National Judicial law, where there is no law, .
Commission (NJAC) Unconstitutional as it violates there is no freedom. John Locke
Basic Structure of Constitution of India.
Law is uncertain and certainty of law is a legal
• Shreya Singhal v. Union of India, Writ Petition myth. Jerome Frank
(Criminal) 167 of 2012. Decided on 24-3-2015 - Section
Law is not an intellectual leger domain to make
66A of the Information Technology Act, 2000 relating
black appear white and white appear black, but it is
to Restrictions of Online Speech Struck Down and
ceaseless endeavour to enthrone justice. M.K. Gandhi
Declared Unconstitutional on Grounds of Violating the
Landmark Judgments of the Supreme Court of India 9
Justice should not only be done, but should No man is above the law and no man below it.
manifestly and undoubtedly be seen to be done. Theodore Roosevelt
Lord Hewart Ignorance of the law is no excuse in any country. If
Justice must not only be done but also appear to be it were, the laws would lose their effect, because it can
done, and may I add, must be paid for being done. always be pretended.
Henry Cecil Thomas Jefferson, Letter to Andre Limozin, 22 Dec.
.....Freedom of religion; freedom of the press, and 1787, in Papers of Thomas Jefferson 12: 451
freedom of person under the protection of the habeas (Julian P. Boyd Ed. 1955)
corpus, and trial by juries impartially selected. These The welfare of the people is the ultimate law. (Salus
principles form the bright constellation which has Populi Suprema Est Lex). Cicero
gone before us and guided our steps through an age of Recipe for success: Study while others are sleeping;
revolution and reformation. The wisdom of our sages work while others are loafing; prepare while others are
and the blood of our heros have been devoted to their playing; and dream while others are wishing.
attainment. They should be the creed of our political William A. Ward
faith. Thomas Jefferson, First Inaugural Address (1801)
Ignorance of the law excuses no man, not that all
[The law] is a jealous mistress, and requires a long men know the law, but because ~t is an excuse every
and constant courtship. It is not. to be won by trifling man will plead. John Selden
favours, but by lavish homage. Joseph Story
Litigation is a game in which the court is umpire.
Injustice anywhere is a threat to justice everywhere. John Selden
Martin Luther king, Jr.
IMPORTANT DAYS
"Observing a day reminds over what happened in the past years"
Anonymous
Day Events Day Events
1 January Global Family Day 30 July International Friendship Day
9 January NRIDay 1 August World Breast Feeding Day
10 January World Laughter Day 6 August Hiroshima Day
12 January National Youth Day 8 August World Senior Citizens' Day
15 January Army Day 9 August Na~asaki Day
25 January National Voters Day 9 August QUlt India Day
26 January Republic Day 12 August International Youth Day
26 January International Custom Day 15 August Indian Independence Day
30 January Martyr's Day . 20 August Sadbhavana Divas
30 January World Leprosy Extradition Day 29 August National Sports Day
February World Marriage Day 2 September World Coconut Day
(2nd Sunday) 5 September Teachers Day
4 February World Cancer Day 8 September World Literacy Day
14 February Valentines Day 14 September Hindi Day
24 February Central Excise Day 15 September Engineers Day
28 February National Science Day 15 September International Day of Democracy
3 March National Defence Day 16 September International Day for the Preservation of
4 March National Safety Day the Ozone Layer
8 March International Women's Day 21 September International Day of Peate
8 March International Mother Day 26 September Deaf Day
15 March World Consumer Rights Day 27 September World Tourism Day
15 March World Disabled Day 28 September International Right to Information Day
21 March World Forest Day 1 October World Habitat Day (1st Monday of
21 March World Poetry Day October)
21 March International Day for Elimination of 1 October International Day for Older Persons
Racial Discrimination 2 October Gandhi Jayanti/Intemational Non
22 March World Day for Water violence Day .
23 March World Meteorological Day 2 October Lal B!;lhadur Shastri Jayanti
23 March World TBDay 2 October World Vel:?etarian Day
SA ril National Maritime Day 4 October World,.Anirnal Welfare Day
7 APril World Health Day 8 October Indian Air Force Day
18 April World Heritage Day 9 October World Post Day
21 April Secretaries Day . 11 October World Girl Child Day
21 April National Civil Services Day 13 October Natural Disaster Reduction Day
22 April Earth Day 16 October World Food Day
23 April World BOok and Copyright Day 17 October Eradication of Poverty Day
(UNESCO) 24 October . United Nations Day
25 April World Malaria Day 9 November Legal Services Day
26 April World Intellectual Property Day 10 November . World Science Day
1 May International Labour Day " 11 November National Education Day
1 May Workers Day , 14 November Children's Day
3 May World Freedom of Press Day 14 November Diabetes Dar
4 May Coal Miners Day 16 November Internationa Day for Tolerence
8 May World Red Cross Day 17 November National Epilepsy Day
11 May National Technology Day 17 November International Studp.nts" Day
ISMay International FamiFy Day 19 November International Men's Day
17 May World Telecommunications Day 21 November World Hello Day, World Television
22 May International Day for Biological Day, World Fisheries Day
Diversity 25 November International Day for Elimination of
24 May Commonwealth Day Violation Against Women
31 May Anti-tobacco Dav 26 November Law Day
4 June International Day of Innocent Children, 1 December World AIDS Day
Victims of Agression 2 December International Day for Abolition of
5 June World Environment Day . Slavery
14 June World Blood Donors Day 3 December International Day for Disabled Persons
20 June World Refugee Day 3 December World Day of Handicapped
21 June International Yoga Day 4 December Navy Day
June (3rd Sunday) . Father"s Day . 7 December Armed Forces Flag Day
26 June International Day against Drug Abuse 7 Decernber International Civil Aviation Day
and illicit Trafficking 10 December Human Rights Day
27 June World Diabetes Day 11 December UNICEF Rights Day
1 July National Doctors Day 18 December Minorities Rights Day (India)
11 July World Population Day 23 December Kisan Divas
28 July World Hepatitis Day
IMPORTANT PARLIAMENTARY TERMS
"There must not be any departure from the words of those who seat in Parliament"
Anonymous
ACT: A Bill passed by both Houses of Parliament and assented to by the President.
ADJOURNMENT MOTION: It interrupts the normal business of the Houses and draws
attention to a matter of grave public importance.
APPROPRIATION BILL: It is a bill containing all the demands for grants voted by Lok Sabha
along with Expenditure charged on Consolidated Fund of India.
BILL: The draft of a legislative proposal put in the proper form which, when passed by both
Houses of Parliament and assented to by the President becomes an Act.
BUDGET: Annual financial statement of the estimated receipts and expenditure of the
Government of India in respect of a financial year.
CASTING VOTE: The vote cast by the Chairman, or the person acting as such in the House
and by the Chairman or person acting as such in a committee, in the case of an equality of votes
on a matter.
CALLING ATTENTION MOTION: Any member of the Parliament may call for attention of a
Minister to a matter of urgent public importance by use of Calling Attention Motion. This is done
with aprior permission of the Speaker. ~ ...
CENSURE MOTION: This motion seeks to show disapproval to the government for its 'lapses'.
It is moved by opposition against a specific policy of government or against a minister or against
the whole council of ministers. It can be introduced in Lok Sabha only and if passed, council of .
ministers shall pass a confidence motion as soon as possible to regain the trust of the house. There
is no limit on the number of censure motions that can be introduced in a session.
CUT MOTION: The motion that seeks reduction in the amount of a demand presented by the
Government is known as cut motion. The speaker has the discretion to admit a cut motion. This
device is used by the members of the legislature to draw the attention of the Government to a
specific grievance or problem.
DISSOLVE: To 'dissolve' means to end the life of the Parliament. The President 'has the
discretion to do it.
ESTIMATES COMMITTEE: This committee is constituted on the basis of proportional
representation. The strength of such committee is 30 members. This committee suggests the
government for efficient economic administration and examines the annual estimates.
FINANCE BILL: It contains all the financial proposals of the Government.
GAZETTE: The Gazette ofIndia.
GUILLOTINE: It is a devise by which demands for grants are put to vote, regardles~ whether
.they have been discussed or not. This is resorted to when there is paucity of time.
LEADER-OF-OPPOSITION: He has been accorded statutory recognition since 1977. His rank is
equal to a Cabinet Minister.
NO CONFIIJENCE MOTION: When the member of Lok Sabha seeks no confidence in council
of ministers then council of ministers can be ceased. The notice on such issue is to be given before
the commencement of sitting of the day. The speaker reads the motion in the House. When the
minimum 50 members of Lok Sabha supports the motion, then speaker admits no confidence
motion. The time for discussion on motion requires 10 days. .
123
124 Legal General Knowledge
ORDINANCE: A law made by the President in exercise of the powers vested in him by article
123. .
PLEBISCITE: It is a direct vote of the qualified voters in regard to some important public
question.
POINT OF ORDER: A Member of Parliament may raise a point of order if he feels that the
proceedings of the House do not follow the normal rules. The permission to allow or not to allow
the point of order raised by the member rests with the Presiding Officer.
PRIVILEGE MOTION: It is a motion moved by a Member of Parliament where he charges a
Minister with committing a breach of the privilege of the House by withholding or disfiguring
facts.
PROROGATION: The termination of the service of House by an order made by the President
under article 85(2)(a).
QUESTION HOUR: The first hour of every sitting in the Lok Sabha and Rajya Sabha is meant
for questions. These questions relate to the matter of administration, problems of country and the
matter is brought to the notice of the ministers. The question includes starred questions, unstarred
questions and short notice questions.
QUORUM: It is the minimum number of members of a Legislature that must be present to
make the proceedings valid. This is equal to one-tenth of the total number of members.
RE-ORGANISATION: When the new States are created, the Parliament passes the Re~
organisation. Act for that particular State and all the provisions of legislation are made for the
executive and judiciary functions thereof.
REPUBLIC: A State, headed by a non-hereditary head (i.e. elected) as opposed to a monarchy .
which is headed by a King or Queen.
SELECT COMMITTEE: The select committee is constituted for the consideration of various
kinds of Bills. The duty of .such committee is to collect the required information and to report on
the Bills r~ferred to it.
STARRED QUESTION: A question to which member wishes to have an oral answer on the
floor of the House and which is distinguished by an asterisk.
STATUTORY RESOLUTION: A resolution in pursuance of a provision in the Constitution or
an Act of Parliament.
VOTE-ON-ACCOUNT: It empowers Lok Sabha to draw funds in advance, pending the
completion of budgetary process.
UNSTARRED QUESTION: A question which is not called for oral answer in the House. The
written answer to such a question is deemed to have been laid on the table.
WHIP: Each party appoints a whip for control and disCipline of its elected members of the
legislature in either House of the Parliament or that of the State Legislature. He is called party
whip and he must be a member of the legislature. On critical instances like voting no confidence
motion or other important bills, he exercises 'whip' to the members of the legislature, of his party
to attend the meeting and vote or as the party directs.
ZERO HOUR: The zero hour falls after the question hour in the Houses. This hour leads to loss
of time of Parliament because the subject matter is raised without prior permission.
LEGAL MAXIMS
A communi observantia non est recedendum <=> Assignatus utitur jure auctoris <=> An assignee is
There should be no departure from common clothed with the rights of his principle.
observance or usage. Bello parta cedunt reipublicae <=> Things acquired
A verbis legis non est recedenduam <=> From the in war go to the state.
words of the law there is to be no departure. Bona fide possessor facit fructus consumptos suos
Absoluta sententia expositore non indiget <=> A <=> A possessor in good faith is entitled to the
simple proposition needs no expositor. fruits that he consumes.
Abundans cautela non nocet ¢::> Abundant caution Boni judicis est ampliare jurisdictionem <=> It is the
does no harm. part of a good judge to enlarge his jurisdiction.
Accessorium non ducit, sed sequitur, suum Breve judiciale non cadit pro defectu formae <=> A
principale <=> An accessory does not lead, but judicial writ does not fail for a defect of form.
follows, its principal. Carcer non supplicii causa sed custodiae
Acta exteriora indicant interiora secreta <=> Acts constitutus <=> A person is established not for
indicate the intention. the sake of punishment, but for detentiae under
Actio non datur non damnificato <=> An action is guard.
not given to one who is not injured. Causa causae est causa causati <=> The cause of a
Actio personalis moritu! cum persona <=> A cause is the cause of the effect.
personal right of action dies with the person. Causa patet <=> The reason is obvious.
Actus non reum facit reum nisi mens sit rea <=> To Causa sine qua non <=> Factor essential to the
constitute a crime, it is not enough that the act occurring of event. ~.
is criminal, it must also be accompanied by a Certum est quod certum reddi potest <=> That is
blameworthy mind. certain which can be rendered certain.
Actus curiae neminem gravabit <=> .An act of the Cessante ratione legis cessat et ipsa lex <=> Reason
court will prejudice no one. is the soul of law and when the reason of any
Actus ei nemini facit injuriam <=>Law holds no particular law ceases, so does the law itself.
man responsible for the Act of God. Clausula generalis non refertur ad expressa <=> A
Actus legis nemini facit injuriam <=> Law wrongs general clause does not .refer to things expressly
no man. mentioned.
Ad ea quae frequentius accidunt jura adaptantur Cogitationis poenam nemo patitur <=> No one
<=> The laws are adapted to those cases which deserves punishment for his thoughts.
more frequently occur. Compromissarii sunt judices·~ Arbitrators are
Aequitas agit in personam <=> Equity acts upon the judges.
person. Consensus ad aidem <=> Agreement as to the same
Aequitas ignorantiae opitulatur, oscitantiae thing.
non item <=> Equity assists ignorance but not Consensus, non concubitus, facit matrimonium
complacency. <=> It is the consent of the parties, not their
Affirmanti, non neganti, incumbit probatio <=> The cohabitation which constitutes a valid marriage.
proof is incumbent upon the one who affirms, Consuetudo est optimus interpres legum <=>
not on the one who denies. Custom is the best expounder of the law.
Affirmantis est probare <=> The person who affirms Contea bonos mores <=> Against good morals.
must prove. Conventio vincit legem <=> The express agreement
Alienatio rei praefertur juri accrescendi <=> Alienee of the parties overrides the law.
is favoured by the law itself. Crimina morte extinguuntur <=> Crimes are
Allegans contraria non est audiendus <=> The law extinguished by death.
will not hear one who alleges contrary facts. Cuique in sua arte credendum est <=> Everyone is
Arbitrium est judicium <=> An award is a to be believed in his own area of expertise.
judgment. Cujus est commodum, ejus debet esse
Argumentum ab inconvenienti plurimum valet in incommodum <=> The person who has the
lege <=> As argument drawn from inconvenience advantage should also have the disadvantage.
is forcible in law. Custome serra prise stricte <=> Custom shall be
construed strictly.
125
Damnum sine injuria ¢::> Damage without legal Identitias vera Colligitur ex multitudine signorum
injury. ¢::> The identity is collected from a multitude of
Debet esse finis litium ¢::> There ought to be a limit signs.

to litigation. Ignorantia facti excusat, ignorantia juris non
De die in diem ¢::> From day-to-day .. excusat ¢::> Ignorance of fact excuses ignorance of
De jure judices, de facto juratores, respondent ¢::> law does not excuse.
The judges answer regarding the law, the jury Ignorantia juris non excusat ¢::> Ignorance of the
on the facts. . law does not excuse.
De minimus non curat lex ¢::> The law does not Ignorantia juris quod quisqueles scire tenetur
coml)1on itself with trifling matters. neminem excusat ¢::> Ignorance of the law which
Demissio regis vel coronoe ¢::> Transfer of everybody is supposed to know does not afford
property. excuse.
Domus sua cuique est tutissimum refugium ¢::> For Impotentia excusat legem ¢::> Impotency excuses
everyone his own house is the safest refuge. law; to an obligation imposed by law;
Donation morits causa ¢::> A gift of professional impossibility of performance is a good excuse.
property by a person on the patron of death. In dubio, sequendum quod tutius est ¢::> In a
Droit ne poet PilS morier ¢::> Right cannot die. doubtful case, the safer course is to be followed.
Effectus sequitur causam ¢::> The effect follows the In equali jure melior est conditio possidentis ¢::>
cause. Where the right is equal the claim of the party in
Equali jure melior est conditio possidentis ¢::> If aChtal possession shall prevail.
the right is equat the claim of party in actual In ~ctione juris semper aequitas existit ¢::> Equity
possession shall prevail. IS the life of a legal fiction.
Equitas sequitur legem ¢::> Equity follows the law. In j ure non remota causa, sed proxima spectatur
¢::> In law the immediate, not the remote, cause
Ex aequo et bono ¢::> In justice and good faith.
of any event is regarded.
Ex antecedentibus et consequentibus fit optima
Interpretatio ¢::> A passage is best interpreted by Judicandum est legibus non exemplis ¢::> Judgment'
reference to what precedes and what follows it. must be given by the laws, not by examples.
Ex dolo mglo non oritur actio ¢::> Right of action Juratus creditur in judicio ¢::> In a judgment a
cannot arise out of fraud. person who has sworn an oath is believed.
Ex nudo pacto non oritur actio ¢::> An action does Jus ex injuria non oritur ¢::> A right does not arise
not arise from a bare promise. from a wrong.
Ex turpi causa non oritur actio ¢::> No action arises Leges posteriores priores contrarias abrogant
¢::> Later laws repeal earlier laws inconsistent
out of a wrongful consideration.
therewith.
Expressio unius est exclusio alterius ¢::> Express
mention of one thmg implies the exclusion of Lex est norma recti ¢::> Law is a rule of right.
another. Lex loci contractus ¢::> The law of a place where a
Falsa demonstratio non nocet ¢::> Mere false contract is made. This is generally the proper law
description does not vitiate the object. of the contract, i.e, the law by which the contract
is to be interpreted.
Fieri non debt, sed factum valet ¢::> It ought not to
be done, but if done it is valid. Lex non cogit ad impossibilia ¢::> Law does not
compel a man to do that which he cannot
Fraus est odiosa et non praesumenda ¢::> Fraud is
possibly perform.
odious and not to be presumed.
Lex talionis ¢::> an eyes for an eye.
Furiosi nulla voluntas est ¢::> Mad men have no free
will. Longa possessio jus parit ¢::> Long possession
begets a right.
Generale dictum generaliter est inter pretandum
¢::> A general expression is to be construed
Manifesta probatione non indigent ¢::> Things
generally. manifest do not reqyire proof.
Haeres legitimus est quem nuptiae demonstrant Modus et conventio vincunt legem ¢::> Form of
¢::> The common law takes him only to be a son
agreement and convention of parties over rule
whom the marriage proves to be so. the law.
Hominum causa jus constitutum est ¢::> Law was Necessitas publica major est quam privata ¢::>
established for the benefit of human kind. Public necessity is greater than private.
Legal Maxims 127
Nemo dat qui non habet ¢:> No one can pass a Res ipsa loquitur ¢:> The things speaks for itself.
better title than what he himself has. Res judicata pro veritate accipitur ¢:> A 'matter
Nemo debet bis vexari pro una et eadem causa ¢:> adjudged is taken for truth.
A man shall not be twice vexed for one and the Res nullius naturaliter fit primi occupantis ¢:> A
same cause. thing that has no owner naturally belongs to the
Nemo debet esse judex in propria causa ¢:> No first taker.
man can be judge in his own cause. Salus populi (est) suprema lex <=> The welfare of
Nemo est haeres viventis ¢:> No one can be heir the people is the paramount law.
during the life of his ancestor. Salus reipublicae suprema lex <=> The safety of the
Nemo tenetur seipsum accusare ¢:> No man can be state is the Supreme Law.
compelled to incriminate himself. Tacita quaedam habentur pro expressis ¢:> Certain
Noscitur a sociis ¢:> It is known from its associates. things though unexpressed are considered as
Nullus. commodum cap ere potest de injuria sua expressed.
propria ¢:> No man can take advantage of his Testamentum omne morte consummatum ¢:>
own wrong. Every will is completed by death. .
Omnia praesumuntur contra spoliatorem ¢:> Every Testis de visu praeponderat aliis <=> An eye witness
presumption is made against a wrong doer. out weighs others.
Optimus interpres rerum usus ¢:> Usage is the best Testis nemo in sua causa esse potest <=> No one can
interpreter of things. be a witness. in his own cause.
Pendente lite nihil innovetur ¢:> During litigation Ubicunque est injuria,. ibi damnum""sequitur <=>
let nothing be changed. Wherever there is a legal wrong, there damages
Placita negativa duo exitum non faciunt ¢:> Two follows.
negative pleas do not form an issue. Ubi jus, ibi remedium <=> When there is a right
Plus valet unus oculatus testis quam auriti decem there is a remedy.
¢:> One eyewitness is better than ten ear witness. Vani timoris justa excusatio non est <=> There is no
Presumptio Juris et de jure <=> Irrebutable legal excuse based on a groundless fear.
presumption of law. Verba ali quid operari debent <=> debent intelligi
Qui aliquid statueqt parte inaudita altera, aeguum ut aliquid operentur <=> Words ought to have
licet dixerit, haud aequnm fecerit <=> He who some operation ¢:> They ought to be interpreted
decides anything, one party being unheard in such a way as to have some operation.
though he should decide his right or wrong. Verba ita sunt intelligenda ut res magis valeat
Qui facit per alium facit per se <=> He who acts quam pereat <=> Words are to be so understood
through another is deemed to act in person; a as meet the subject rather preserved matter may
principal is liable for the acts of his agents. be than destroyed.
Qui Omne dicit mihil excludit ¢:> He who says Vigilantibus et non dormientibus .jura sub
everything excludes nothing. veniunt <=> Laws aid the vigilant not those who
Qui per alium facit per seipsum facere videtur ¢:> sleep.
He who does an act through another is deemed Void ab initio <=> Unlawful right or unenforceable
in law to do it himself. right from the very beginning of the matter or
Qui prior east tempore potior est jure <=> Better issue or fact.
title for first presence in first point of time. Volenti non fit inj uria <=> Damage suffered by
Quod constat curiae opere testium non in idiget <=> consent is not a cause of action.
What is manifest to the court needs not the help Voluntas in delictis non exitus spectatur <=> In
of witness. crimes, the intention and not the result is looked
Res inter alios acta alteri nocere non debet <=> into.
Things done between others not to injure an
outsider.
WORDS AND PHRASES OF FOREIGN ORIGIN
"Law is a pledge that citizens of a state will do justice to one another"
Aristotle
A fortiori ¢:? With stronger reason. to represent a poor litigant.
A posteriori ¢:? From the effect to the cause. Animus attestandi ¢:? The intention of attesting.
A priori ¢:? From the cause to the effect. Animus deserendi ¢:? The intention of deserting.
Ab antiquo ¢:? from olden times. Antenuptial ¢:? Before marriage.
Ab initio ¢:? From the very beginning. Au fait ¢:> Conversant with.
Actus rea ¢:? Physical involvement in crime. Autrefois ¢:> A person cannot be tried for the same
Actus reus¢:? The physical acts involving or offence twice.
constituting occurrence of critne. Autrefois acquit ¢:? Formerly acquitted.
Ad arbitrium ¢:? At will. Autrefois convict ¢:> Formerly convicted.
Ad hoc ¢:? For a particular purpose, (for example Bona fide ¢:? In good faith, hones~ly.
use of ad hoc measures, or an ad hoc appointment) Bona gestura ¢:? Good ·behaviour.
Ad idem ¢:> Of the same mind; agreed. Bona mobilia ¢:? Movable effects and goods.
Ad infinitum ¢:> For ever.

Bona Vacantia ¢:> Goods that do not have an owner.
Ad interim ¢:? In the meanwhile. Generally they go to the finder.
Ad Largum ¢:? At large; used in the following and Caeteris paribus ¢:? Other things being equal.
other expressions : title at large, common at Carte blanche ¢:? Full discretion,ary power.
large, assize at large, verdict at large, to vouch at

Casus omissus ¢:?A matter which should have
large. been, but has not been, provided for in a statute
Ad nauseam ¢:? To a disgusting extent. or in statutory rules. .
Ad quem ¢:? To whom. Causa causans ¢:? The immediate cause, the last
Ad referendum ¢:> For further consideration. link in the chain of causation.
Ad rem ¢:? To the point. Causa celebre ¢:> A celebrated case.
Ad valorem ¢:? According to the value, value added Caveat ¢:? An order which says "let him beware".
price. For example, stamp fee on sale of land is Warning [Lat. let him take heed].
charged. according to the value of the land, or Caveat emptor ¢:? Let the buyer beware.
value added price or tax included in price. Caveat venditor ¢:> Let the seller beware.
Addenda ¢:? List of additions.

Caveat viator ¢:? Let the traveller beware .
. Advocatus diabolin ¢:? The devil's advocate, an Censure ¢:?' A reprimand from a superior.
officer of the Sacred Congregation of Rites at
Certiorari ¢:> An order of a higher court which
Rome, whose duty is to prepare all possible
quashes the decision of a lower court because it
arguments against the admission of anyone to
is based on irregular legal procedure.
the posthumous honours of beatification and
canonization. Compos mentis ¢:? Of sound mind.
Alias ¢:? Otherwise called.
Contea bonos mores ¢:> Against good morals.
Alibi ¢:? Elsewhere the accused's contention of his
Contra pacem ¢:> Against the peace.
not having committed the crime, of which he is Coram ¢:> In the presence of.
suspected, usually by proving that he could not Corpus delicti ¢:> The substance of the crime.
have committed it.

Coup d'etat ¢:> Violent or illegal change.
Amicus curiae ¢:? Literally 'friend of court' The

Coup d'grace ¢:> Finishing stroke.
name is given to a lawyer appointed by a court
Culpa ¢:> Wrongful default.
128
Words and Phrases of Foreign Origin 129
De facto ¢> By means of fact. Flagrante delicto ¢::> In the commission of the
De hors ¢> Outside the scope of. offence.
De jure ¢> By virtue of law. Force majeure ¢::> Irresistible compulsion; beyond
De novo ¢> Anew. one's control.
Decree nisi ¢> A conditional decree, not absolute. Functus officio ¢> H~ving discharged his duty.
Dei gratia ¢> By God's. grace. Gestis pro haerede ¢> Behaviour as heir.
Deo volente ¢> If nothing prevents. Gratis dictum ¢> Mere assertion.
Doli capax ¢> Capable of crime. Habeas corpus ¢::> A court order which requires a
person who has been illegally detained beyond
Doli incapax ¢> Incapable of crime.
24 hours to be produced before the court.
Droit administrative ¢> It is an ordinance or
Honoris causa ¢::> As mark of esteem.
process where law courts are deprived of their
jurisdiction in administrative' matters and In curia ¢> In open court.
council determines the administrative matters. In extenso ¢> At full length.
Durante absentia ¢> During absence. In forma pauperis ¢::> In the character of a pauper.
Durante vita ¢> During life. In futuro ¢::> In the future.
Ejusdem generis ¢> Of the same kind or nature; the In lieu of ¢> In place of.
rule that where particular words are followed by In limine ¢::> On the threshold.
general words, the general words are limited to In loco parentis ¢::> In the place of a parent,,·
the same kind as the particular words. In memoriam ¢> In memory of.
Emeritus ¢::> Retired after long service.
In pais ¢> In the country.
En bloc ¢> All at the same time.
In pari delicto ¢::> Where both parties are equally in
En masse ¢::> In a body.
fault.
En route ¢:> On the way.
In pari materia ¢::> Where two enactments have a
Eo nomine ¢::> By that very name.
common purpose in an analogous case.
Esprit de corps ¢::> Regard for honour of body one
In personam ¢::> An act, proceeding or right done
belongs to. or directed against or with reference to a specific
Ex contractu ¢::> Arising out of contract. person, as opposed to in rem.
Ex curia ¢::> Out of court. In re <:;:> In the matter of.
Ex debito justitive ¢:> Prayer is grantable. In rem <=> An act, proceeding or right available
Ex delicto ¢> Arising out of wrong. against the world at large, as opposed to in
personam.
Ex done ¢> As a gift.
In situ ¢::> In its original situation.
Ex gratia ¢::> Payment made as a favour, without
any legal obligation. In toto ¢::> Wholly.
Ex officio ¢::> Formerly holding of office. Infra ¢::> Below.
Ex parte ¢::> An order granted after hearing one Injuria ¢::> A legal wrong.
party only in the absence of one party. Innuendo ¢::> An innocent looking statement which
Ex post facto ¢::> Acting retrospectively, by a has a hidden defamatory meaning.
subsequent act; retrospectively. Inter alia ¢::;> Among other things.
Factum ¢::> An act or deed. Inter se ¢::> Amongst themselves.
Factum probantia ¢::> Facts which are given in Inter vivos ¢::> Made between people who are alive.
evidence to prove other facts in issue. Intestate ¢::> Dying without leaving a Will.
Fait accompli ¢::> A thing already done. Intra vires ¢::> Within power (as opposed to 'ultra
Faux pas ¢::> Tactless mistake. vires' which is beyond power).
Feme sole ¢::> An unmarried woman. Ipse dixit ¢::> His mere word.
Ipso facto ¢::> By reason of that fact.
--_.. _ .. ------------~--
Jus <:::> It means law; right. Onus probandi <:::> Burden of proof. The most
Jus naturale <:::> The law that nature has taught all prominent canon of evidence is, that the point in
living things Gustinian); the law continued by issue to be proved by the party who asserts the
right reason, common to nature and to man; affirmative.
the principles deducible from the jus gentium Op. cit. <:::> The book previously cited.
(Roman law) (The law of nature). Pactum illicitum <=> An illegal pact.
Laissez-faire <:::> Doctrine of non-interference by Par excellence <=> Eminently.
State in working of market etc. Parens patrice <:::> Protector of rights.
Lex <:::> Statute. Pari delicto <:::> Both parties are equally at fault.
Lex fori <:::> The law of the court in which the case Pari materia <=> Analogous cause.
is tried.
Pari passu <:::> Equally, without preference.
Lex loci <:::> The law of a place.
Passim <:::> In various places.
Lis pendens <:::> A rending suit.
Pendente lite <=> While litigation is pending.
Locus standi <:::> Right to be heard in court.
Per <=> As stated by.
Mala fide <:::> Bad faith.
Per annum <:::> By the year.
Malfeasance <=> The doing of an unlawful act e.g. a
Per capita <:::> Individually.
trespass.
Per curiam <:::> By the court.
Mandamus <=> We command; a command of court
to an authority to do something. Per incuriam <=> A mistaken decision by a court.
through want of care; by oversight.
Mens rea <:::> Guilty mind. The criminal intention of
accused to commit a crime. Per mensem <=> By the month..
Mesne <:::> Intermediate .. ~ Per se <=> By itself; intrinsically.
Mesne Profits <=> Damages payable by trespassers Placitum nominatum <:::> The day appointed for
who have stayed' in possession after their right a criminal to appear and plead and make his
to occupy land has ended. reference.
Modus operandi <=> Mode of operating. Praepositus <:::> A person in authority.
Modus vivendi <=> Compromise pending settlement Presumptio Juris et de jure <:::> Irrebutable
of dispute. presumption of Law.
Moratorium <:::> A legal authorisation to a debtor to Prima facie <:::> On the first view.
postpone payment for a certain time. Pro bono publico <:::> For the good of the public.
Mutatis mutandis <=> With necessary changes being Pro et contra <=> For and against.
made. Pro rata <:::> In proportion.
Nisi <:::> Ineffective unless person affected fails to Pro tanto <=> To that extent.
show cause. Pro tempore <=> For the time being.
Non assumpsit <:::> He did not promise. Qua <=> With respect to.
Non compos mentis <:::> Not of sound mind. Quantum merit <:::> As much as he or she has
Non obstante <=> Notwit1:lstanding. earned.
Non sequitur <:::> It does not follow. Quasi-contract <:::> From the conduct of a party a
Nota bene (NB) <:::> Take notice. contract comes into or infered.
Nudum pactum <=> A nude contract i.e. Quasi-judicial <:::> Sharing of qualities of and
unenforceable. approximating to what is judicial, essentially
Obiter dicta <=> Remarks of a judge, which are said judicial in character but not within the judicial
by the way and are not directly relevant to the power or function nor belonging to the judiciary
case at hand. as constitutionally defined.
Obiter dictum <=> Judge's opinion expressed Quid pro quo <:::> Something for something.
casually, not binding.
Words and Phrases of Foreign Origin 131
QUo' warranto ¢:> An order by court or any Sine a die ¢:> Indefinitely.
authority in the form of writ, by which any Sine qua non ¢:> Indispensable condition or
person who occupies an independent substantive qualification.
public office or franchise or liberty, is asked to Spes successionis ¢:> Mere hope of succeeding to
show by what right he claims it. property.
Quod vide (q.v.) ¢:> Which see. Stare decisis ¢:> The principle that decisions of
Raison d'etre ¢:> Reason for the existence of a thing. courts in previous cases must be followed in
Rapprochement ¢:> Restoration of harmonious subsequent cases ofsimilar nature.
relations. Status quo ¢:> To maintain the present state of
Ratio decidendi ¢:> The reasoning of a judicial affairs.
decision or a' principle laid down in a ,case by Statute ¢:> An Act of Parliament.
court. Sub deo et lege ¢:> King is beneath the law.
Res gestae ¢:> The facts surrounding or Sub judice ¢:> Under judicial consideration or in
accompanying a transaction which is the subject . course of trial.
of legal proceedings; or facts so connected with a
Subpoena ¢:> An order of a court to a person to
fact in issue as to introduce it, explain its nature,
appear and give evidence before it.
or form in connection with it as one continuous
transaction. Sui generis ¢:> The only one of its kind.
Res integra ¢:> A point which must be decided on Suo moto ¢:> On its own. ..
principle. Suppressia veri ¢:> Statute obtained by fraud.
Res judicata ¢:> A case already-decided. Supra ¢:> Above.
Res nullis ¢:> A thing which has no owner. Terminus ad quem ¢:> The finishing point.
Resperit demino ¢:> Loss falls on owner. Turpis causa ¢:> A base or vile consideration on
Respondent superior ¢:> Let the principal be held which no action can be. founded, the maxim
responsible. being Ex turpi causa non oritur actis.
Responsa ... Identuim ¢:> The answers of the Uberrimae fide ¢:> Of the utmost good faith.
learned ~_ law. The opinions and decisions of Ultra vires ¢:> Outside the powers of.
f]
learned lawyers, forming part of the Roman Vide ¢:> Refer to; consult.
laws. Vis major ¢:> Irresistible force.
ReyNunquam moritur ¢:> King never dies.

CONSTITUTION AND POLITICAL SYSTEM
"More lawyers have been ruined by politics than by liquor, woma'n, or the stock market"
Arthur Garfield Hans
It shall be easy for you to enter the portals of a law college if you confront and wrestle yourself on the Chapter
of the Constitution and Political System. All laws evolve from the Constitution and actualise in the political system.
So this area of study must be paid special attention by prospective candidates. The notes provided below in the
form of t0pics will help you acquaint yourself with the concepts involved.
• The Constitution is a set of laws and rules setting (1) To make India to be a Sovereign Republic
up the machinery of the Government of a State and (2) To establish India as Democratic Union with
which defines and determines the relations between the an equal level of self-government for all the
different institutions and areas of Government viz., the States.
executive, the legislature and the judiciary, the Central,
(3) All the powers and authorities of Central
the regional and the local Governments.
Government and State Gover{lments to be
derived from the people.
THE MAKING OF THE INDIAN
CONSTITUTION
(4) To guarantee and secure to all the Citizens,
Justice-Social, Economic and Political,
• The Constitution of India .was framed by equality of status, equality of opportunity
the Co:)stituent Assembly, set up in 1946 under the and equality before law, freedom of thought,
provisions of the Cabinet,Mission Plan. Under the Plan expression, belief, faith, worship,. vocation,
the total strength of the Constituent Assembly was to association and action.
be 389, out of which 296 were to represent British India
and 93 to represent Princely States. Further out of 296 (5) To maintain integrity of territory of the
members, 292 were to be elected by the provincial Republic and sovereign rights on land, sea
legislatures and 4 members were to be drawn from . and air accordingly as Justice and law of
Chief Commissioner's provinces civilised nations.
(6) Adequate safeguards for minorities, backward
Note: Following the partition of the country in classes and Scheduled Castes and Scheduled
1947 the strength of the Constituent Assembly was
Tribes and Tribal areas.
reduced to 299, out of which 229 represented British.
Indian Provinces and 70 represented Princely States. (7) To contribute to the promotion of international ,
peace and security.
. • The· Constituent Assembly held its first meeting
(8) To have for India a rightful, honoured, and
on December 9, 1946, where Dr. Sachidanand Sinha,
dignified place in world platform.
the oldest member of the Assembly, was elected as the
temporary President till the permanent President is • Constituent Assembly adopted these
elected. resolutions on January 22,1947.
• On December 11, 1946, Dr. Rajendra Prasad and • To cope with the wide range of specialized
H.C Mukherjee were elected as the President and the tasks the Constituent Assembly- appOinted a number of
Vice-President of the Constituent Assembly. committees to outline the proposed constitution. Some
of these Committees with their chairman are as under:
• On December 13, 1946; Jawaharlal Nehru moved
the 'Objectives Resolution' in the Assembly. These
were:
143
COMMITTEE OF THE CONSTITUENT ASSEMBLY

Name of the Committee Chairman
1. Committee on the Rules of Procedure Rajendra Prasad !
2. Steering Committee Rajendra Prasad

,.,
o. Finance and Staff Committee Rajendra Prasad
4. Ad-hoc Committee on the National Flag Rajendra Prasad
5. Drafting 'Committee B.R. Ambedkar
6. Union Powers Committee Jawaharlal Nehru
7. Union Constitution Committee Jawaharlal Nehru i
8. States Committee Jawaharlal Nehru

9. Committee on the Functions of the Constituent Assembly G.V. Mavalankar
10. Credential Committee Alladi Krishnaswami Ayyar
11. House Committee B. Pattabhi Sitaramayya
12. Order of Business Committee KM. Mtmshi
13. Advisory Committee on Fundamental Rights, Minorities and ValIabhbhai Patel
Tribal and Excluded Areas
Advisory Committee had four Sub-Committees. These were:
Name of the Committee Chairman
(i) Minorities Sub-Committee H.C. Mookherjee
(ii) Fundamental Right Sub-Committee J.B. Kriplani
(iii) North-East Frontier Tribal Areas and Assam, Excluded and Partially
Excluded Areas Sub-Committee Gopinath Bardoloi
(iv) Excluded and Partially Excluded Areas (Other than those in
Assam) Sub-Committee J.J.M. Nichols Roy
On August 29, 1947, a'Drafting Committee of 7 • Constitution adopted on November 26, 1949
members was set up. The members were: consisted of 395 Articles, divided into 22 parts and 8
1. Dr. B.R. Ambedkar (Chairman) Schedules. This day is also known as the 'Law Day'.
2. KM. Munshi
Articles 5, 6, 7, 8, 9, 60,324, 366, 367, 379, 380, 389, 388,
3.' Alladi Krishnaswamy A yyar
391, 392, 393 and 394 came into force on this day. Other
4. N. Gopalaswamy Ayyangar Articles of Constitution came into force on January 26,
1950. .
5. Syed Mohammad Saadullah
• Overall Constituent Assembly held 11 Sessions,
6. N. Madhava Rao (He was appointed in place
and sat for 2 years, 11 months and 18 days to complete
of B.L Mitter who resigned due to ill-health.)
its task of drafting the Constitution.
7. T.T Krishnamachari. (He was appointed in
• Constituent" Assembly adopted the National
place of D.P. Khaitan who died in 1948).
Flag on 22nd- July, 1947, National Anthem and National
• The Drafting Committee prepared the first Song on January 24, 1950.
draft of the Constitution after taking into account the
• Constituent Assembly continued as Provisional
proposals of the various committees. It was published
. Parliament of India from January 26, 1950 till 16 April,
on 21-2-1948. The draft Constitution contained 315
1952. It ceased to exist as provisional Parliament on
articles and 8 Schedules. The people of India were given
April 17, 1952.
8 monthsto discuss the draft and propose amendments.
As many as 7,635 amendments were proposed but only • Constitution of India is a unique document, as it
was derived from various sources. The structural part
2,473 were actually discussed. and debated. The draft
of the Constitution is, to a large extent, derived from
Constihltion was considered for 114 days. the Government of India Act, 1935. The philosophical
• Finally on 26 November, 1949 the Constitution part of the Constitution (i.e., the fundamental rights
of India was adopted by the Constituent Assembly. 284 and the Directive Principles of State Policy) derive their
members signed the document on that day. inspiration from the American and Irish Constitutions
ConstitUtion and Political System 145
respectively. The political part of the Constitution (i.e., Parliament over State Legislatures, vesting of the
the principle of Cabinet Government and the relations residuary legislative power in Parliament, and the
between the executive and the legislature) have been power of governors to resolve Bills for the consideration
largely drawn from the British Constitution. \ of the President of India. The Union of India is also
• Our Constitution unlike of United Kingdom is a empowered to supersede the authority of the States or
written Constitution. It is basically federal in form and to exercise powers vested in them.
is marked by the traditional characteristic of a federal • The Constitution of India also operates as a
system, namely supremacy of the Constitution, division fundamental law. The Governmental organs owe their
of power between Union and the State Governments, origin to the Constitution and derive their authority
existence of an independent judiciary and a rigid from and discharge their responsibilities within the
procedure for its amendment. framework of the Constitution. The Union Parliament
• It establishes a duly political system with clearly and the State Legislatures are not sovereign. The
detailed spheres of authority between the Union and validity of a law whether of Union or States, is judged
the States. with reference to their respective jurisdictions as
• The Constitution exhibits a centralising tendency defined in the Constitution. The judiciary has power
in several of its provisions like the adoption of lengthy to declare a law unconstitutional, if the law is found to
concurrent list, the power of Parliament to reorganise have contravened any provision of the Constitution.
the political structure of the country, supremacy of
INDEPENDENT INDIA'S FIRST CABINET (1947)
S1. No. Name Portfolios Held

1. Jawaharlal Nehru Prime Minister, External Affairs & Commonwealth Relations:
Scientific Research.
2. Sardar Vallabhbhai Patel Horne, Information & Broadcasting; States
3. Dr. Rajendra Prasad Food & Agriculture
4. Maulana Abul Kalam Azad Education
5. Dr. John Mathai Railways & Transport
6. RK. Shanmugham Chetty Finance
7. Dr. B.R Ambedker Law
8. J agjivan Ram Labour
9. Sardar Baldev Singh Defence
10. Raj Kumari Amrit Kaur Health
11. CR Bhabha Commerce
H} Raft Ahmed Kidwai
Dr. Shyama Prasad Mukerji

Communication
Industries & Supplies
.14.
V.N. Gadgil Works, Mines & Power
DIFFERENT SOURCES OF THE INDIAN CONSTITUTION
S.No. Sources Features Borrowed

l. Government of India Act, 1935 l. Federal Scheme i.e. CCTtuc-..,}lcm; Relations.
2. Office of Governor.
3. Executive Function.
4, Judiciary
5. Public Service Commission,
6. Emergency provisions etc.
2. British Constitution l. Parliamentary Form of Government.
2. Legislative Procedure i,e. Lawmaking Procedure
3. Single Citizenship
- 4. Cabinet System.
S.No. Sources Features Borrowed

5. Writs.
6. Parliamentary Privileges
7. Rule of law
8. Bicameralism
9. Parliamentary System with Ministerial Responsibility etc.
3. U.S. Constitution 1. Fundamental Rights
2. Independence of Judiciary
3. Judicial Review.
4. Impeachment of the President.
5. Removal of the Supreme Court and High Court Judges.
6. President as the Executive Head.
7. President as the Supreme Commander of the Armed Forces.
8. Vice-President as ex-officio Chairman of the Council of States etc.
4. Canadian Constitution 1. Federation with a strong Centre
2. Appointment of State Governor by the Centre.
3. Residuary power in the hands of Centre
4. Advisory Jurisdiction of the Supreme Court etc.
5. Irish Constitution 1. Directive Principles of State policy
2. Method of Election of President
3. Nomination of members of Rajya Sabha by the President etc.
6
Australian Constitution 1. Provision regarding freedom of Trade, Commerce and inter
course.
2. Concurrent List
3. Joint sitting of the two houses of Parliament etc.
7. SovietConstitution,USSR, 1. Fundamental Duties
Now Russian Constitution

2. Ideal of justice enumerated in the preamble i.e., social, economic
'" and political justice.
8. South African Constitution 1. Procedure for amendment of the Constitution.
2.. Election of members of Rajya Sabha.
9. Weimer Constitution of Germany 1. Suspension of Fundamental Rights during Emergency
10. French Constitution Republic and the ideals of liberty, equality and Fraternity in the
Preamble
11 Japanese Constitution 1. Procedure Established by law.
INDIAN CONSTITUTION AT A GLANCE
Part Chapter Articles Subject-Matter

I 1-4 The Union and its Territory.
II 5-11 Citizenship
rrr 12-35 Fundamental Rights
IV 36-51 Directive Principles of State Policy
IVA 51A Fundamental Duties (Added by 42nd Constitutional Amendment Act, 1976
V I 52-78 The union Executive - The President and
Vice-President, Council of Ministers. The Attorney-General for India,
Conduct of Government Business, Duties of Prime Minister as respects the
Furnishing of information to the President etc.
II 79-122 Parliament, Conduct of business, Disqualifications of Members, Legislative
procedure etc.
Constitution and Political System 147
Pqrt/Sc Articles Subject-Matter

III 123 Legislative Powers of the President
IV
124-147 The Union Judiciary
V
148-151 Comptroller and Auditor-General of India
VI
I 152 Definition
II 153-167 The State Executive, The Governor, Council of Ministers, The Advocate-
General for the State, Conduct of Government business, Duties of Chief-
Minister as respects the furnishing of information to Governor, etc.
III 168-212 The State Legislature, Disqualification of Members, Legislative Procedure etc.
IV 213 ~ he Governor
V
214-231 The High Court in the States
VI
233-237 .Subordinate Courts
VII
238 Repealed by 7th Constitutionall\mendment Act, 1956
VIII
239-242 The Union Territories-administration, High Courts for Union Territories etc.
IX 243-243-0 The Panchayats
lXA
1243P-243ZG The Municipalities (Added by 74th Constitutional Amendment Act, 1992)
IXB
243ZH to The Co-operative Societies (Added by 97th Constitutional Amendment
243-ZT Act, 2011)
X
244-244A The Scheduled and Tribal Areas '.
XI
245-263 Relations between the Union and the States
I 245-255 Legislative Relations-distribution of legislative powers, residuary powers of
legislation, etc.
H 256-263 Administrative Relations
XII
264-300A Finance, Property Contracts and Suits
I 264-291 Finance-taxes, grants, finance commission, recommendations of finance
commission, exemption from taxes etc.
~
292-293 Borrowing - by the Government of India and by States.
294-300 Property, Contracts, Rights, Liabilities, Obligations and suits and proceedings
300A Right to Property
IXIII 301-307 Trade, Commerce and intercourse within the territory of India.
'XIV 308-323 Services under the Union and the States
I 308-314 Services recr';1itment and conditions of service of persons serving the Union
or State
II 315-323 Public Service Commissions
XIVA
323A-323B Tribunals (Added by 42nd Constitutional Amendm~t Act, 1976
XV
324-329A Elections
XVI
330-342 Special Provisions relating to certain Classes - Scheduled Castes and
Scheduled Tribes in House of the People etc., Scheduled Castes and
Scheduled Tribes.
XVII 343-351 Officia 1 Language
XVIII
352-360 Emergency Provisions
XIX
361-367 Miscellaneous - protection of President, Governors and Rajpramukhs,
abolition of privy purses, special provisions as to major ports and aerodromes
etc.
XX 368 Amendment of the Constitution-Power of Parliament and procedure therefor
XXI 369-392 Temporary, Transitional and Special Provisions
XXII
393-395 Short Title, Commencement, Authoritative text in Hindi and Repeals.
;i
Note.-In the course of time due to various number of Articles in<;reased. So, at present, though the
amendments 21 Articles and one part i.e., part VII has last Article is numbered 395 and last numbered part is
been repealed while 87 new Articles, 4 Parts i.e. (IVA; 22, yet the actual Articles are 461 in number and it is
IXA, IXB, and IXV A) and 4 Schedules (IX, X, XI, and divided into 25 parts and contains 12 Schedules.
XII) have been added to the Constitution. Note.-Whenever a question is aske in
The added Articles are given a suffix of alphabets, competitive examination that how many articles are
hence the number in the articles in the original
Constitution remains the same i.e., 395 Articles but the I:
there in the Constitution then you have to answer 395
not any other numbers like 450,456 etc. .
SCHEDULES OF THE INDIAN CONSTITUTION
Schedules Subject-Matter Article covered
I
First Territories of the States.of the Union Territories 1&4
Second Salaries, Allowances etc. of Constitutional Authorities 59,65,75,97,125
PART A: Provisions as to the President and the Governor 148,158,164,186
of States &221
PART B: Repealed.
PART C: Provisions as to the Speaker and the Deputy-Chairman of
!.
of the Council of States & the Speaker and the Deputy-Speak~r I~
of the Legislative Assembly & the Chairman & the Deputy Chairman of the
Legislative Council of States
PART D: Provisions as to the Judges of the Supreme Court
and of the High Courts.
PART E: Provisions as to the Comptroller and Auditor-General of India.
Forms of the Oaths or Affirmations for:
1. The Union Ministers.
2. The candidates for election to the Parliament.
3. The Members of the Parliament.
Third Schedule 4. The Judges of the Supreme Court.
5. The Comptroller and Auditor-General of India.
6. The State Ministers. 75,99,124; 148,
.. 7. The, candidates fbr election to the State Legislature 164,188 and 219
8. The members of the State Legislature.
9. The Judges of the High Courts.
Fourth Allocation of seats to State and Union Territories in the Rajya Sabha 4 and 80
Fifth Provisions as to the Administration and control of Scheduled Areas and
Scheduled Tribes. 244(1)
PART A: General
PART B: Administration & and Control of Scheduled Areas and Scheduled Tribes.
PART C: Scheduled Areas.
PART D: Amendment of the Schedule.
~ixth Provlsions as to the Admmistration of Tribal Areas m the States of Assam, 244 (2) and 275
Meghalaya, Tripura and Mizoram
::ieventh GIves allocatIon ot powers and tunctlOns between union & ::itates. It contains 3 lists 246
1. Union List (For Central Govt.) 97 subjects.
2. Sta:tes List (Power of State Govt.), 66 subjects.
3. Concurrent List (Both Union & States), 47 subjects.
Eighth Schedule List ot l.'L languages of IndIa recogruzed by ConstitutIon origmally it had only 344 and 351
14 recognized languages
1. Assamese 2. Bengali 3. Gujarati 4. Hindi
5. Kannada 6. Kashrniri 7. Konkani 8. Malayalam.
9. Manipuri 10. Marathi 11. Nepali 12.0riya
13. Panjabi 14. Sanskrit 15. Sindhi 16. Tamil
17. Telugu 18. Urdu 19. Santhali 20. Bodo
I 21. Maithili 22. Dogri
Schedules Subject-Matter Article covered

• [Sindhl was added in 1967 by 21st amendment
• [Konkani, Manipuri and Nepali were added in 1992 by 71st amendment]
• [Santhali, Maithili, Bodo and Dogri were added in 2003 by 92nd amendment1
Ninth Schedule Validation of certain Acts and regulations, mostly relating to the land reforms. 31B
There are 284 such Acts. This Schedule was added to the Constitution by the first
Amendment Act of 1951, which provided, that by incorporating any law into it,
the State would make it immune from Judicial scrutiny.
Tenth Schedule Provisions relating to the disqualification of the legislators on grounds of defection. 102 and 191
This Schedule was added by the 52nd amendment Act of 1985. It is also known as
the Anti-Defection Law.
Eleventh Schedule Specifies the powers, authorify and the responsibilities of the Panchayats. 243G
It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
Twelfth Schedule I ;recifies the power, ~uthority imd the responsibilities of the Municipalities.
t has 18 matters. This Schedule was added by the 74th Amendment Act of 1992.
243W
PREAMBLE that the edifice of our· Constitution is based upon the

The Preamble reads: basic elements mentioned in the Preamble. If any of
"WE THE PEOPLE OF INDIA, having solemnly these elements are removed the structure will not
resolved to constitute India into a SOVEREIGN survive and'it will not be the same Constitution.
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and NAME AND TERRITORY OF INDIA
to secure to all its citizens: • Article 1 of the Constitution declares that India
JUSTICE, social, economic and political; i.e., Bharat, shall be a Union of States. At pre~ent there ~
LIBERTY of thought, expression, belief, faith and are 28 States and 7 Union territories as specified in the
worship; . First Schedule to the Constitution.
EQUALITY of status and opportunity; • There is a fine distinction between the expression
and to promote among them all "Union of India" and "territory of India".
FRATERNITY, assuring the dignity of the • The expression "Union. of India" includes only
individual and the unity and integrity of the Nation; the States which enjoy the status of being members of
the federal system and share a distribution of powers
II\; . OUR CONSTITUENT ASSEMBLY this
with the Union.
twenty-sixth day of November, 1949, do HEREBY
• The expression "territory of India" comprises,
ADOPT, ENACT AND GIVE TO OURSELVES THIS·
the territories of States, Union territories and other
CONSTITUTION."
territories which can be acquired from time to time.
. • The Preamble has been amended only once in • A question often 'is raised as to whether India is
. the year 1976 by the Constitution 42nd Amendment Act a truly federal State or not. It is a debatable question.
of 1976. The words 'secular', 'socialist', 'integrity' were Some writers have called it "quasi-federal" hence it
added by this Amendment. would seem that, Constitution is a federal one.
• On the question whether Preamble can be CITIZENSHIP
amended, Supreme Court in Berubari Union case The Constitution provides for single and uniform
(AIR 1960 SC 858), held that the Preamble is not a citizenship for the whole of India.
part of the Constitution and thus, not a source of any
In federal States like. USA and Switzerland,
substantive powers and does not import any limitation.
there is a dual citizenship, viz., the federal or national
But in Kesavananda Bharati case (AIR 1973 SC 1461) the
citizenship and the citizenship of the State where a
Supreme Court held that the Preamble does form part
person is born or permanently resides.
of the Constitution and observed that the Preamble
to our Constitution is of extreme importance and the Central Government has exclusive jurisdiction
Constitution should be read and interpreted in the to determine the question of citizenship. Any State
light of the grand and noble vision expressed in the Government or Court has no power in this regard.
Preamble. Court further held that since the Preamble Exception.-It may be noted that Constitution of Jammu
is the part of the Constitution it can be amended but and Kashmir provides for citizenship of the State of
subject to condition that the "basic features" in the Jammu and Kashmir.
Preamble cannot be altered. The Court also obsei"ed • The population is divided into two classes
citizens and non-citizens. Non-citizens do not enjoy all
rights guaranteed by the Constitution. Indian citizens (4) Citizenship can also be acquired by
exclusively possess the following rights: naturalisation. The qualifications for
(1) The fundamental rights. naturalisation are:
(2) Privileges to Officers such as those of the (a) the person must not belong to a coUntry
President [Art. 58]; Vice President [Art. 66]; where Indian citizens are prevented from
Judge of the Supreme Court [Art. 124] or becoming citizens by naturalisation.
a High Court [Art. 217]; Attorney General (b) the person must either be resided in India
[Art.76]; Governor [Art. 157J. or should have been in Government
service for 12 months before making
(3) The right to vote [Art. 326]; the right to an application specified .under Third
become a member of Parliament [Art. 84] and Schedule of the Citizenship Act, 1955.
State Legislature [Art. 191]. (5) If any new territory becomes a part of India,
• The non-citizens are deprived from such rights. the persons of the territory become citizens of
• The Citizenship Act of 1955 talks about the India.
acquisition and termination of citizens. • The Citizenship Act, 1955, also lays down the
" The Citizenship Act, 1955, provides for the following ways in which citizenship· of India may be
. acquisition of citizenship in the following ways: lost: .
(1) Every person born in India on or after (1) If a citizen renounces citizenship.
January 1950, but before July, 1987; and (2) If a citizen of India voluntarily acquires
those born on or after July, 1987 but before citizenship of another country.
the commencement of the Citizenship (3) If Indian citizenship had been acquired
(Amendment) Act, 2003 and also those by fraud or if an India..'1. citizen has shown
born on or after the commencement of the himself to be disloyal and disaffected towards
Citizenship (Amendment) Act, 2003, shall be the Constitution of India.
a citizen of India by birth. Citizenship by birth • The Citizenship Amendment A1~ of 2003
can be acquired by such persons only if either provides for the Dual Citizenship for the People of
of his parents is a citizen of India at the time Indian Origin in 16 specified countries.
of birth. • The Citizenship Amendment Act of 2005
(2) A person who was born outside India on recognises the Overseas Citizenship and provides for
or after January 26, 1950 but before their registration in India.
commencement of the Citizenship
.(Amendment) f,.ct, 1992 shall be a citizen of FUNDAMENTAL RIGHTS
India by descent, if his father is a citizen of • Fundamental Rights are basic rights guaranteed
India at the time of the person's birth or on to the citizens. These rights though not absolute are
or after such commencement if either of his justiciable Gudiciallyenforceable).
parents is a citizen of India at the time of his • A Fundamental Right is different from a legal
.birth. right in the followi?g way. (1) While an ordinary legal
(3) A person can get Indian citizenship by right is protected and enforced by ordinary law of the
registering himself to that effect, if he belongs land, a Fundamental Right is one which is protected
to any of the following categories and guaranteed by the Constitution. (2) While ordinary
(a) Persons of Indian origin who are rights may be changed by Legislature, a Fundamental
ordinarily resident in India for seven Right being guaranteed by the Constitution, cannot be
years immediately before making an altered except by amending the Constitution nor can
application for registration. it be suspended except in the manner laid down in the
(b) Persons of Indian origin who are Constitution itself. (3) Though these rights are equally
ordinarily resident in any country or place justifiable, the constitutional remedy by way of an
outside undivided India. application direct to the Supreme Court under Article
32 is available only in the case of Fundamental Rights.
(c) Persons who are married to Indian But, a writ will lie for the enforcement of these and
citizens and ordinary resident in India other legal rights to the High Court under Article 226.
and such persons must have been resident
for seven years before making such an • Article 12 to 35 under Part III of the Constitution
deals with fundamental rights.
application.
(d) Minor children of persons who are Indian
citizens.
FUNDAMENTAL.RIGHTS AT A GLANCE
Category Consists of
1. Right to equality (Articles 14-18) (a) Equality before law and equal protection of law (Article 14).
(b) Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth (article 15)
(c) Equality of opportunity in matters of public employment
. (Article 16).
(d) Abolition of untouchability and prohibition of its practice
(Article 17).
(e) Abolition of titles except military and academic (Article 18).
2. Right to Freedom (Articles 19-22) (a) Protection of six rights regarding freedom of: (i) Speech and
expression, (ii) assembly, (iii) association, (iv) profession
(Article 19).
(b) Protection in respect of conviction for offence (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A). Added by 86th
Constitutional Amendment Act.
(e) Protection against arrest and detention in certain cases (Article
22).
3. Right against exploitation (Article 23-24) (a) Prohibition of traffic inhuman beings and forced labour
(Article 23) . 4.
(b) Prohibition of employment of children in factories, etc. (Article

24) .
4. Right to freedom of religion (Articles 25-28) (a) Freedom of conscience and free profession, practice and
propagation of religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any r~ligion I
(Article 27).
(d) Freedom from attending religious instruction or worship in
certain educational institutions (Article 28).
5. Cultural and educatiol1al rights (Articles 29-30) (a) Protection of language, script and culture orminQrities (Article
'29).
(b) Right of minorities to establish and administer educational
institutions (Article 30).
6. Right to constitutional remedies (Article 32) (a) Right to move the Supreme Court for the enforcement of
fundamental rights including the writs of (i) habeas corpus, (li)
mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warranto ·
(Article 32).
• Earlier, Right to Property was a Fundamental • The concept of 'equality before law' is of British
Right under Article 31. It was eliminated by the 44th origin while the concept of 'equal protection of laws' is
Constitutional Amendment Act, 1978. It is now only a of American origin.
Constitutional right under Article 300A. The first concept connotes:
• Article 13 makes all laws and administrative (a) the absence of any special privileges in favour
actions which abridge Ftmdamental Rights ipso facto of any person, (b) the equal subjection of all persons to
null and void. the ordinary law of the land administered by ordinary
• Article 14 guarantees equality before laws and law courts and (c) no person is above the law.
equal protection of laws.
The second concept, on the other hand, connotes: may reserve any post or appointment in favour of any
(a) the equality treatment under equal backward class of citizens. Also offices connected with
circumstances both in the privileges conferred a religious institution may be reserved for members
and liabilities imposed. by the laws, (b) the similar professing that particular religion.
application of the same laws to all persons who are .• Article 17 abolishes untouchability.
similarly situated and (c) the like should be treated • Article 18 abolishes titles. However, it does not
alike without any discrimi."rtation. prevent other public institutions such as an University
Thus, the former is a negative concept while the to confer titles or honors by way of honouring their
latter is a positive concept. leaders or men of merit. The State is not debarred
from awarding milit?ry or academic distinctions, even
EXCEPTION TO ARTICLE 14 though they may be used as titles. The State is also not
• The President and the Governor are an prevented from conferring any distinction or award,
exception to the 'equality mandate' because they say for social service, which carowt be used as a title,
are not answerable to any court for the exercise and i.e., as an appendage to one's name. No Indian citizen
performance of the powers and duties of their office. can accept a title from a foreign State.
No criminal proceeding whatsoever can be instituted • Article 19 guarantees freedom of speech,
or continued against them while in office. No civil freedom to assemble peacefully without arms, to form
proceeding can be similarly instituted during term associations or unions or co-operative societies to
of office and until the expiration of two months. move freely throughout the territory of India, to reside
Similarly, foreign sovereigns and ambassadors are an and settle- in, any part of the territory of India and to
exception to the equality mandate. practise any profession, or to carry on any occupation,
trade or business. These rights are however controlled
• Article 15 prohibits discrimination on the by various clauses to Article 19(2) whereby the State ~
grounds of religion, race, caste, sex or place of birth. can impose reasonable restrictions on grounds of ,!
However, the State can make any special provision for sovereignty and integrity of India, security of State, ~.l
women and children and also for the advancement of public order, decency or morality, etc. I
any socially and educationally backward classes of The rights provided under Article 19 subject to ~
citizens or for SCs/STs. reasonable restrictions on certain specified grounds. '1
• Article 16 provides for equality of opportunity in These are as follows:
the matters of public employment. However, the State
Article Right Grounds of restriction
19(1)(a) Freedom of Speech & Expression (i) Sovereignty and integrity of India
(ii) The seCUrIty ot ~tate.
. (iii) friendly relations with foreign States
(iv) Public order (v) decency (vi) morality,
(vii) Contempt ot Court (viii) DefamatIOn
(ix) Incitement of an offence (Article 19(2»
19(1)(b) . Freedom to Assemble Peaceably and wIthout arms (i) Sovereignty and mtegnty of India .
I
(il) l'ubllc order (Article 19(~n
19(1(c) Freedom to torm Associations or Unions {i) ~overelgnty and integrity ot india.
(11) IJublic Vrder
(iii) Morality (Article 19(4)).
19(1)(d) freedom ot Movement (i) Interest ot (jenerai Public
(ii) Protection' ot Interest ot any Scheduled Tribe LArticle
19(5)J
19(1}(e) freedom ot Residence (i) Interest ot (jenera! public
(ii) For the Protection of mterest of any :)cheduled Tribe
[Article 19(5)].
19(1)(g) Freedom of ProfesslOn, Occupation, Trade or Business (i) Protecting Public Interest
(il) l'rescribing prOfessional or technical qualihcations
necessary for practicing any profession for carrying on
any occupation, trade or business.
{iii) bnablmg state to carryon any trade or busmess to the
exclusion of citizens wholly or partially [Article 19(6)]
• Article 20 states that no person shall be convicted right protected under section 300A of the Constitution
for any offence except the violation of a law in force; no of India. '
person shall be punished for the same offence .more • Articles 31A, 31B and 31C validate and save
than once; no person shall be compelled to be a wItness certain laws which may otherwise tum out to be
against himself. violation of Fundamental Rights. .
• Article 21 guarantees that no person shall • Article 31A saves laws which further agrarian
be deprived of his life and personal liberty except reform.
according to the procedure established by law. • Article 31B saves the laws specified in the Ninth
• Article 21A provides for the free and compulsory Schedule of the Constitution from being declared
education to children. It states that State shall provide constitutionally void on the ground of violation of any
free and compulsory education to all chil4ren of the Fundamental Right. ,
age of six to fourteen years in such a manner as the .• Article 3Ie provides that any law which seeks
State may, by law, determine. This provision comes to implement the directives in Articles 39(b) or 39(c)
under the provisions of fundamental rights i.e.; right [the plan of socialistic distribution of wealth and other
to education. This provision excludes the adolescent means of production] shall not be void for inconsistency
age of 14 to 18 years. Only children of 6 to 14 years can with Articles 14 and 19.
enjoy such right. In Article 45 the provision for early
• Article 32 gives a right to every individual
childhood care and education to children below the age
to move the Supreme Court directly, in the case of
of 6 years is made whereas in Article ~IA(k) it shal.l ~e
violation of his Fundamental Rights through one of
duty of a parent or guardian to pr?vIde opporturuties
the five writs i.e. habeas corpus, mandamus, certiorari, quo
for education to his child ward between the age of 6 to .
warranto and prohibition.
14 years. )
• The' Parliament has the power tQ modify or
• Article 22 states that the person shall be, restrict the enforcement of Fundamental Rights in the
informed of the grotinds of his arrest; he shall have
following cases:
legal practitioner of his choice; and that he must be
'. Under Article 33 it can modify the application
produced before the nearest Magistrate within 24 hours
of Fundamental Rights to the Armed Forces or Police
of his arrest.
Forces so as to ensure proper discharge of their duties
• Article 23 prohibits traffic in human beings and and maintenance of discipline among them.
forced labour. However, this does not prohibit the State
from imposing compulsory service. • Under Article 309 it can also modify the
application of Fundamental Righ.ts to t~e C~vil Ser:a~ts
• Article 24 prohibits employing children below in the interests of efficiency, mtegnty, ImpartialIty,
age of 14 in any hazardous employment. disciplines and responsibility.
• Article 25 provides freedom of conscience and
Note: State Legislature do not have power to
free profession, practice and propagation o~ religion,
modify the Fundamental Rights.
subject to public order, morality and health.
• Article 26 provides freedom to manage religious • Article 34 provides that when m~al law is
affairs. This guarantee is available not only to citizens in force in any part in India, Parliament may by law
of India but to all persons, including aliens; indemnify any person in the service of tne Union or
State for any act done by him in connection with the
• Article 27 gives freedom as to payment of taxes i'
il
maintenance or restoration of order in such area or
for promotion of any particular religion.
validate any sentence passed or act done when martial
. • Article 28 prohibits religious instruction or any law is in force.
worship in educational institutions maintained by the
State. • Article 35 empowers Parliament to make
laws to give effect to' the provisions of Part III of the
• Article 29 states that the citizens having a distinct
Constitution.
language, script or culture shall hav~ right t~ c?ns:rve
the same. And no citizen will be derued admlsslon mto • Fundamental Rights are not absolute rights.
any educational institution maintained by the State on The Constitution provides for the suspension of
grounds of religion, race, caste, language, etc. Fundamental Rights under exceptional circumstances.
• Article 30 gives right to minorities to establish • Article 358 provides that when the proclamation
and administer educational institutions. of Emergency is made under Article 352, the freedoms.
guaranteed by Article 19 are automatically susI?ended
• Article 31 which provided for right to property
and would continue to be so for the penod of
which was repealed by 44th Constitutional Amendment
Emergency.
in 1978. Now, It is not a fundamental right. It is a legal
• Article 359 further empowers the President FUNDAMENTAL RIGHTS AVAILABLE
to suspend the right to move any court for the ONL Y TO CITIZENS AND NOT TO
enforcerr'tent of Fundamental Rights during the period

FOREIGNERS
of National Emergency.
1. Prohibition of discrimination on grounds
• It may be noted that vide the 45th Constitutional
of religion, race, caste, sex or place of birth
Amendment Act, 1978 Articles 20 and' 21 cannot be
(Article 15).
suspended by any order under Article 359.
2. Equality of opportunity in matters of public
• Earlier, there was a controversy whether
employment (Article 16).
or not the Parliament has the power to amend the
3. Protection of six rights regarding freedom of:
Fundamental Rights. 1hls was settled by the Supreme
Court in Keshavananda. Bharati v. State of Kerala case, (i) Speech and expression, (ii) assembly, (iii)
association, (iv) profession JArticle 19).
(1973). The Court held that it was competent for
Parliament to amend any Part of the Constitution 4. Protection of language, script and culture of
including' Fundamental Rights except its basic structure. minorities (Article 29). '
The same view was reaffirmed in Minerva Mills case, 5. Right of minorities to establish and administer
(1980), where the Court also held that Articles 14, 19 educationru institutions (Article 30).
and 21 are part of the basic structure and are hence
unamendable. FUNDAMENTAL RIGHTS AVAILABLE
TO BOTH CITIZENS AND FOREIGNERS
WRITS BUT NOT TO ENEMY ALIENS
An individual has the right to move the Supreme 1. Equality before law and equal protection of
Court (under Article 32) directly in case of any violation law (Article 14)
of a Fundamental Right and the High Courts (under 2. Protection in respect of conviction for offence
Article 226) and the Supreme Court and High Courts (Article 20).
issue appropriate writs to enforce such rights. 3. Protection of life and personal liberty (Article
There are five types of writs: 21)
Habeas Corpus means 'produce the body:. By 4. Right to elementary education (Article 21A).
issuing such a writ the Court can require that a person 5. Protection against arrest and detention in
who is a prisoner to be brought before it, to obtain certain cases (Article 22)
knowledge of the reason why he has been detained and 6. Prohibition of tr,affic in human beings and
to set him f(ee if there is no lawful justification for his forced labour (Article 23)
detention. ' 7. Prohibition of employment of children in
Mandamus means 'We command'. It is a command factories, etc. (Article 24)
which can be issued to any inferior court or to any ....8. Freedom of conscience and free profession,
public or quasi-public authority which has refused to practice and propagation of religion (Article
perform its legal duty. It is a high prerogative writ of a 25).
most extensive remedial measure. 9. Freedom to manage religious affairs (Article
Certiorari is a writ or order issued from a superior 26).
court calling upon the record of a proceeding in an 10. Freedom from payment of taxes for promotion
inferior court for review or commanding it to certify the of any religion (Article 27).
cause, pending before it, to the end that justice may be 11. Freedom from attending religious instruction
done. Of 'worship in certain educational institutions
Quo Warranto means 'by what authority'. It is a (Article 28).
writ or order to any authority who occupies public
office Or liberty who is asked to show by what authority DIRECTIVE PRINCIPLES OF
he claims to be a public office. STATE POLICY
Prohibition is an order .issued by a higher court • These Principles provide the Social and Economic
forbidding a lower court from a proceeding in a suit Principles for the Indian Democracy and establishment
deemed to be beyond its jurisdiction. It is a remedy of a Welfare State. '
against the encroachment of jurisdiction. • Directive Principles of State Policy are provided
in Part IV (Articles 36 to 51) of the Constitution and are
not justifiable.
• Article 36 provides that "the meaning of Cases dealing with Uniform Civil Code
the State" is same as in Part III of the Constitution.
1. Mohd. Ahmed Khan. v. Shah Bano Begum, (1985) 2
Article 12 of Part III states that "the State includes
SCC 556.
the Government and Parliament of India and the
Government or the Legislature of each of the States and 2. Sarla Mudgal v. Union of India, (1995) 3 SCC 635.
all local or other authorities within the territory of India 3. Danial Latif v. Union of India, (2001) 7 SCC 740.
or under the control of Government of India. 4. Seema v. Ashwani Kumar, (2006) 2 sec 578.
• Article 37 provides the provisions contained in • Article 45 - Provision for early childhood care
Part IV shall not be enforceable by any court, but the and education to children below the age of six years.
principles therein laid down are fundamental in the • Article 46 - Promotion of educational and
governance of the country and it is the duty of State to economic interests of Scheduled Castes, Scheduled
apply these principles in making of laws. Tribes and other weaker sections.
• Article 38 - State to secure a social order for the • Article 47 - Duty of the .state to raise the level
promotion of welfare of the people. of nutrition and the standard of living and to improve
• Article 39 - State shall regulate ownership and public health.
control of the means of production and distribution, • Article 48 - Organisation of agriculture and
prevent concentration of wealth and income, ensure animal husbandry.
their more equitable distribution, and enact laws to • Article 48A - Protection and improvement of
protect the interests of the workers. environment and safeguarding of forests and wildlife.
• Article 39A - Equal justice and free legal aid. • Article 49- Protection of monuments and places
• Article 40 - Organisation of village panchayats. and objects of national importance.
• Article 41 - Right to work, to education and to • Article 50 - Separation of judiciary from
public assistance in cases of unemployment, old age, executive.' <>.
sickness and disablement etc.
• Article 51 - Promotion of international peace and
• Article 42 - Provision for just and humane
security.
conditions of work and maternity relief.
• Article 43 - Provision for living wage, conditions • Earlier there was a controversy over the
of work ensuring to decent standard of life and question of priority in the case of conflict between a
full enjoyment of. leisure and social and cultural law implementing directive principles coming into
opportunities for all workers, agricultural, industrial or conflict with fundamental rights. Now this controversy
has been resolved by the Supreme Court in Minerva
otherwise and provision for the proplOtion of cottag7
industries in rural areas. . Mills case, (1980), that there is a fine balance between
the directive principles and fundamental rights and
• Article 43A - Workers' participation in
managem~nt of industries.
the Court as far as possible should read the two parts
•. Article 43B - Added by 97th amendment of the Constitution harmoniously. Today, the Supreme
Court has itself· started enforcing directive principles,
provides for promotion of co-operative societies by
State. as is evident from Sarla Mudgal's case (SarZa Mudgal,
President, Kalyani v. Union of India, AIR 1995 SC 1531),
• Article 44 - Uniform Civil Code for the citizens.
where the Supreme Court issued directives to ,.the
.UNIFORM CIVIL CODE Union of India to take steps to implement a Uniform
There are different laws governing rights Civil Code.
relating to property, personal matters like marriage, • It may be noted that there are certain other
divorce, maintenance, adoption and inheritance. directives addressed to the State in other Parts of the
The term "Uniform Civil Code" means unifying Constitution. They are:
;3.11 the "personal laws" of Hindu, Christians, • Article 350(A) which enjoins every State and
Muslims, JaiL,s, Buddhism and Sikhs to have one every local authority within the State to provide
set of secular laws that will apply to all citizens of adequate facilities for instruction in the mother tongue
India irrespective of their caste and community. at the primary stage of education to children belonging
Enactment of uniform law in one for whole India to linguistic minority groups. .
may be counter-productive to unity and integrity of • Article 351 which enjoins the Union to promote
the nation. In a democra,sy governed by the rule of the spread of Hindi language and to develop it so
law, gradual progressive change and order should. that it may serve as a medium of expression of all the
be brought about. Article 44 of the Constitution of elements of the composite culture of India.
India provides for this provision.
• Article 335 which enJoms that the claims of of India under the Parliamentary System. The Executive
the Scheduled Castes and the Scheduled Tribes shall Powers of the Union Government are exercised by him
be taken into consideration, consistently with the either directly or through officers subordinate to him.
maintenance of efficiency of administration, in making The President of Iridia is the Head of the State. He is
of appointments to services and posts in connection also the first citizen of India.
with the affairs of the Union or of any State. PRESIDENT
• President Article 52 provides that there shall be
FUNDAMENTAL DUTIES a President of India.
Fundamental Duties were introduced by the 42nd •Article 53 provides that the executive power of
Amendment of the Constitution in the year 1976 by the Union shall be vested in the President and shall
inserting Part IVA (Article 51A) in the Constitution. be exercised by him either directly or through officers
They are not placed with the Directive Principles in Part subordinate to him in accordance with the Constitution
IV and hence cannot be enforced by writs. They can of India.
only be promoted' by Constitutional methods. Article Qualification for Election as President (Article 58)
51A is confined to citizens" unlike some of the articles
IF
• Article 58 lays down the following qualifications
relating to fundamental rights (e.g., Article 21) which which a person must possess for being elected to the
extends to all persons".
Ff
office of the President:
There are 11 clauses [clauses (a) to (k) in Article (a) He must be a citizen of India.
51A] fundamental duties: Before the year 2002 there
(b) He must have completed the age of thirty-five
were 10 fundamental duties. By 86 th Constitutional years.
Amendment, 2002 the clause (k) was added to the'
(c) He must be qualified for election as a member
Article 51A which provides that it is the duty of
of the House of the people.
guardian or parent to provide the education to his child
between age of 6 and 14 years. Following are the list of (d) He must not hold any office of profit under
Fundamental duties: the Government of India or the Government
of any State or under' any local or other
Article Duty Prescribed authority subject to the control of any of the
SlA(a) To abide by the Constitution and respect its said Governments.
institutions, National Flag & Anthem Explanation attached to article 58 declares that for
(b) To cherish and follow ideals of national' the purpose of article 58, a person shall not be deemed
freedom struggle to hold any office of profit by reason only that he is
(c) TO' uphold and protect sovereignty & the President or: Vice-President of the Union or the
integrity of Iridia Governor of any State or is a Minister either for the
(d) To defend the country when called upon to Union or for any State.
do so Election of President
(e) To promote the spirit of common • Article 54 of the Constitution provides that the
brotherhood President of Iridia is elected by the members of an
(f) To preserve composite culture of the country Electoral College consisting of:
(g) To protect natural environment (a) Elected members of both Houses of
Parliament and
(h) To develop scientific temper
(b) Elected members of Legislative Assemblies of
(i) To safeguard public property
States (including National Capital Territory of
(j) To strive towards excellence Delhi and the Union Territory of Puducherry
(k) Duty of all parents/guardians to provide vide Constitution 78th Amendment Act, 1992).
education to their children who are between Nominated members of either House of Parliament
6 and 14 years of age. (Added by 86th or State Assemblies are not eligible to be included in the
Amendment Act) Electoral College.
UNION EXECUTIVE Article 55 through Constitution 84th Amendment
The Union Executive consists of the President, Act, 2001 provides that until the relevant population
Vice-President and a Council of Ministers with Prime ,figures for the census to be taken after the year 2026
Minister at the head to aid and advise the President. Iri have been published, the population of the States for
Iridia, we have the President, but not the Presidential the purpose of calculation of value of votes for the
form of Government. The President of Iridia is the Chief Presidential Election shall mean the population as
Executive. He is the Constitutional head of the Republic ascertained at the 1971 census.
According to Article 55, the manner of election (4) No Bill can become an Act, without the
is. proportional representation by means of single President's signature. Except to Money
transferable vote and through secret ballot. To secure Bills, he can return the other Bills for
uniformity among the States inter se as well as parity reconsideration of the Parliament;
between the State as a whole and the Union, suitable (5) When two Houses do not agree on the
weightage is given to each vote. provisions of a Bill, he may summon them to
a joint sitting;
LIST OF PRESIDENTS OF INDIA (6) When Parliament is not in Session, he may
S.No. Name Tenure I promulgate Ordinance;
(7) When the security of India is threatened, he '~
1. Dr. Rajendra Prasad 1950-1962 !
can proclaim Emergency. He also promulgates ti
2. Dr. Sarvepalli Radhakrishnan 1962-1967 the President's rule in States as also the
3. Dr. Zakir Husain 1967-1969 Financial Emergency;
(Died) (8) He appoints J~dges of Supreme Court,
4. Varahagiri Venkatagiri 1969-1969 High Courts, Chief Election Commissioner,
(Acting) Comptroller and Auditor General, members
5. Justice Mohammad 1969-1969 of Union Public Service Commission.
Hidayatullah (Acting) . He also appoints ambassadors and other
6. Varahagiri Venkatagiri 1969-1974 diplomatic representatives of India abroad,
7. Fakhruddin Ali Ahmed 1974-1977 the ComriUssioners of SCs and STs, Backward
(Died) Classes and Minorities, Governors of States,
8. B.D. Jatti 1977-1977 the Lt. Governor, Chief Commissioners and
(Acting) Administrators of Union Territories, members
9. N~elam Sanjiva Reddy 1977-1982 of Finance Commission and Inter-State
(Acting) Council. In fact, every appointment in the
10. Giani Zail Singh 1982-1987 Union Government is made in the name of
President or under his authority.
11. R. Venkataraman 1987-1992
(9) He is the Supreme Commander of the Indian
12. Dr. Shanker Dayal Sharma 1992-1997 defence forces;
13. KR. Narayanan 1997-2002 (10) He summons, prorogues and addresses the
14. Dr. AP.J. Abdul Kalam 2002-2007 Parliament. He also dissolves the Lok Sabha;
15. Smt. Pratibha PatH 2007-2012 (11) He can grant pardons, reprieves, respites or
16. Pranab Mukherjee 20l2-till Date remissions of punishments of convicts.
• President is also the Constitutional head and the
Election Dispute (Article 71) Supreme Commander of the defence forces.
Article 71 provides that election of President can • His salary is fixed by Parliament from time-to
be challenged in the Supreme Court within 30 days of time. At present his salary is ~ 1,50,000 per month as
declaration of results by any candidate or twenty or per President's Emolument and Pension (Amendment)
more electors joining together as petitioners. Act, 2008 and his salaries cannot be diminished other
Term of the President (article 56): The term of the than in case of financial emergency.
President is five years and he is eligible for re-elected. • It is important to note that vide .e,.rtic1e 74, the
The term can be interrupted in case of death or removal real executive power is exercised by the Council of
of the President (impeachment) and also if he resigns. Ministers. This article provides that the President
The President must address his letter of resignation shall accept the advice of his Council of Ministers; he
to the Vice-President. If he dies in office or resigns or can only ask them to reconsider their advice but shall
remains absent, the Vice-President officiates his post. accept the advice tendered or reconsidered, even if the
Fundions and Powers of the President: same advice is tendered.
(1) He appoints the Prime Minister and on his Thus the President is not the real executive, but
advice, the Council of Ministers; it is well established that he has discretion in certain
(2) He makes rules for the more convenient matters. The Supreme Court h. Shamsher Singh v. State
transaction of business of the Government of Punjab case (1974), has observed that President has
and allocates among Ministries such business; discretion on:
(3) He must be informed of all decisions of (1) choice of Prime Minister when no party has
Council of Ministers; clear majority;
(2) dismissal of a Government which has lost its LIST OF PRIME MINISTERS OF INDIA
majority but refuses to quit office. He is the leader of the majority party in the Lok
Impeachment of the President: Article 61 provides Sabha. According to Article 74(1) he is the head of the
, that the President can be impeached for the violation Council of Ministers. His main function is to aid and
,,' of the Constitution. For his impeachment, a resolution advise the President in the exercise of his functions.
I may be moved in either House of Parliament. A notice
f; S.No. Name . Tenure
3i of at least 14 days and signed by at least, one-fourth
'f of the total members of the House is needed. Then the l. Jawaharlal Nehru 1947-1964
'; resolution must be passed by two-thirds majority of the (Died)
~; total membership of the House. Then the other House 2. Gulzari Lal Nanda 1964-1964
investigates the charge (of violation -of Constitution) (Acting)
and may adopt a resolution with two-thirds majority 3. LalBahadurShastri 1964-1966
of the total membership. This results in impeachment (Died) ! Ii
of the President. During the impeachment proceedings, 4. Gulzari Lal Nanda 1966-1966
the President has the right to defend himself. (Acting)
!
VICE-PRESIDENT 5. Indira Gandhi 1966-1977

• He is elected by an Electoral College consisting 6. Morarji Desai 1977-1979
of the members of both Houses of Parliament. 7. Charan Singh 1979-1980
• The election is conducted according to the 8. Indira Gandhi 1980-1984
system of proportional representation by means of the (Died)
single transferable vote and secret ballot. 9.
Rajiv Gandhi 1984-1989 !
• He must be a citizen of India, not less than

35 years of age and must be eligible for becoming a 10. Vishwanath Pratap Singh 1989-1990
member of the Rajya Sabha. 11. Chandra Shekhar 1990-1991
• His term of offiCe is five years and is eligible for 12. P.V. Narasimha Rao 1991-1996
re-election. He can be removed by a resolution adopted 13. Atal Bihari Vajpayee 1996-1996
by a majority of members of Rajya Sabha and approval (For 16Days)
of this resolution by a majority of members of Lok
14 H.D. Deve Gowda 1996-1997
Sabha.
• Article 64 provides that Vice-President is the ex 15. lK.Gujral 1997-1998
officio Chairman of Rajya Sabha. Vide Article 65 he acts 16. AtaI Bihari Vajpayee 1998-1999
.?
as the President during casual vacancies in the Office, 17. AtaI Bihari Vajpayee 1999-2004
or during the absence of the' President. When Vice
18. Dr. Manmohan Singh 2004-2009
President acts as the President, he ceases to perform the
functions as the Chairman of the Rajya Sabha. 19. Dr. Manmohan Singh 2009-2014
• His salary is ~ 1,25,000 per ¥tonth. 20. Narendra Damodardas Modi 2014-Till date
LIST OF VICE-PRESIDENTS OF INDIA

S.No. Name Tenure i
PRIME MINISTER'S OFFICE (PMO)
1. Dr. Sarvepalli Radhakrishnan 1952-1962 ! It is the personal secretariat of the Prime Minister.
2. Dr. Zakir Husain 1962-1967 Under the Allocation of Business Rules, 1961, it
3. Varahagiri Venkatagiri 1967-1969 occupies the status of a Department of the Government
4. Gopal Swarup Pathak 1969-1974 of India. It helps the Prime Minister in discharge of his
5. B.D.Jatti 1974-1979 i overall responsibilities as the Union Cabinet Head. It
6. 1979-1984 includes liaison with the Union Ministries and the State
Justice Mohammad Hidayatullah
Governments on matters in which the Prime Minister
7. R. Venkataraman 1984-1987 i
may be interested. It also helps the Prime Minister in
8. Dr. Shanker Dayal Sharma 1987-1992 I
discharge of his responsibilities as the Chairman of
9. K.R. Narayanan 1992-1997 J
Planning Commission.
10. Krishan Kant 1997-2002
(Died)
11. Bhairon Singh Shekawat 2002-2007
DEPUTY PRIME MINISTER
12. Mohammded Hamid Ansari 2007-2012 The post of Deputy Prime Minister is not
13. Mohammed Hamid Ansari 2012- till date prescribed in the Constihltion.
The position of Deputy Prime Minister is THE UNION COUNCIL OF MINISTERS: It

sometimes used by the Governments to bring political is collectively responsible to the Lok Sabha. Each
stability and strength by including a powerful minister is indiVidually responsible to the President.
individual in the cabinet. These functions of the Prime Minister and Council of
Such appointment depends on the discretion of the Ministers are largely based on conventions developed
Prime Minister and the communication is sent to the in the U.K If, a no-confidence motion is passed against
President of India. He occupies the position of Prime Prime Minister, the entire Council of Ministers must
Minister in assisting him in his absence. resign.
ATTORNEY-GENERAL FOR INDIA
LIST OF DEPUTY PRIME MINISTERS
• Attorney-General for India is the_first lllw offi~
S.No. Name Tenure ofthecoun~
• He is appointed by the President and holds office
~
Sardar Vallabhbhai 1947-1950
during his pleasure. .
Morarji Desai 1967-1969
• To be eligible for appointment, a person must be
3. Charan Singh and Jagjivan Ram 1979-1979 eligible to be a judge of the Supreme Court.
(jointly) • It is the duty of the Attorney-General to give
4. Y.B. Chavan 1979-1980 advice to the Central Government on legal matters. He
5. Devi Lal 1989-1990 can be given other duties which the President thinks fit.
6. Devi Lal 1990-1991 • He enjoys right to audience in all Courts in
India.
7. L.KAdvani 2002-2004
• He can take part in' the proceedings of the
Parliament without the voting rights in parliamentary.
affairs.
LIST OF ATTORNEY-GENERALS FOR INDIA
S.No. Attorney-General From To Prime Minister at the

time of Appointment
1. M.e. Setalvad 28.1.1950 01.03.1963 Jawharlal Nehru
2. e.K Daphtary 02.03.1963 01.11.1968 Jawharlal Nehru
Lal Bah. Shastri,
Indira Gandhi
.
3. NirenDe 02.11.1968 01.04.1977 Indira Gandhi
4. S.V.Gupte 02.04.1977 09.081979 Moraji Desai
5. L.N. Sinha 10.08.1979 09.08.1983 Indira Gandhi
6. K Para saran 10.08.1983 09.12.1989 Indira Gandhi
Rajiv Gandhi
7. Soil. J. Sorabjee 10.12.1989, 03.12.1990 V.P. Singh;
Chandra Shekhar
8. e. Ramaswamy 04.12.1990 21.11.1992 '.'
Chandra Shekahr
P.V.Narasimha Rao
9. Milon KBanerji 22.11.1992 09.07.1996 P.V.Narasimha Rao
10. Ashok Desai 10.07.1996 07.04.1998 HD. Devegowda;
Inder Kumar Gujral
11. Soli J. Sorabjee 08.04.1998 05.06.2004 Atal Bihari Vajpyee
I 12. Milon.K Banerji 06.06.2004 08.06.2009 Manmohan Singh
13. Goolam E.Vahanvati 09.06.2009 11.06.2014 Manmohan Singh
14. Mukul Rohatgi 12.06.2014 Till Date Narendra Modi
S.No. Solicitor-General
----------------------,------------pm
LIST OF SOLICITOR·GENERALS OF INDIA
From To
Prime Minister at the time of
_
Appointment
t---------+-------------r----------- ~-_+_-------_.__-----
1. CK.Daphtary 28.01.1950 01.03.1963 Jawaharlal Nehru
'--2~.---+--f-I-.-N-.-S-=-anyaf---- - - - ---oi~oii%3--==+ 09.09.1964 Jawaharlal Nehru
3. S.V. Gupta 10.09.1964 I 16.09.1967 Jawaharlal Nehru,
I _ I
------il_
Lal Bah. Shastri
t---:-:--+--~·-~-:-;-i~-he-S-w--a-ru-~--i~--{~~~~:~~----+-- ~~:~~:~:~~ :~~:: ~:~~::---~-:---~

1---
6 I
.---+-,-L.--=-N-.-S-in---:"h-a---"'------lI--------1-7-.0-7.1--9-7-2----t ----------::0-:"4-=.0-:"4.-=-17.=7-::---t---:.r:--nd-:i:"""ra"---::G:"""an-d-:c;hi'-:·--------t.
97
7. S.N. Kacker -OS.-64]97-j---c-----O:2.08.1979 Indira Gandhi
t------~~7 --~-----------------------t
8. Soli J. Sorabjee 09.08.1979 25.01.1980 Morarji Desai
9. K. Parasaran 06.03.1980 - 08.08.1983 Indira Gandhi
10. Milon K. Banerji 04.04.1986 03.04.1989 Indira Gandhi;
Rajiv Gandhi
11. Ashok Desai 18.12.1989 02.12.1990 Rajiv Gandhi
r-----1:--2::-.---+---A--:----::.D=-.-:G:::--i-:ri-----r-----64-.-i2Im~~-i-----0:-l-.l,-,:2-.1""'9-:-91-:,---t---,.V-".=--P-.--:SC:-in--g-=-h-,- - - - -------\
Chandra Shekhar
13. Dipankar P. Gupta 09.04.1992
-t---,----:-:c-c:-~--
- 14. T.R. Andhyarujina 11.04.1997
10.04.1998 07.01.1999
01.11.1999 03.11.2002
04.11.2002 19.04.2004
----
20.04:2004 ' 07.06.2009
15.06.2009 14.07.2011
23.07.2011 04.02.2013
13.02.2013 27.05.2014
06.06.2013 Till date
POINTS TO REMEMBER
• Number of Attorney-Generals appointed sofar 14
• Number of Solicitor-Generals appointed sofar 22
• Attorney-General with longest tenure
~
(a) M.C Setalvad 13y,lm,30d !:i
~
(b) NirenDe 8y,4m30d :i
.!
• Attorney-General with shortest tenure j}
('ll Soli J. Sorabjee Oy, 11m, 1d
"
(b) Ashok Desai 1y,8m,28d ij
• Solicitor-General with longest tenure ~
-,
(a) C.K. Daftary 13y, 1m, 1d ~l
:j
(b) Goolam E. Vahanwati
• Solicitor-General with Shortest tenure
5y, 1m;18d
~
(a) Soli J. Sorabjee Oy,5m,16d 1
(b) N. Santosh Hegde Oy,8m,28d
• Number of Attorney-Generals with more than one tenure 2
(a) Milon K. Banerji
(b) Soli J. Sorabjee
• Number of Solicitor Generals with more than one tenure NIL
COMPTROLLER AND AUDITOR

LIST OF COMPTROLLER AND
GENERAL OF INDIA
AUDITOR-GENERALS OF INDIA
• Comptroller and Auditor-General of India or

S1. No. NAME Tenure !
CAG is the guardian of the public purse. .

• Besides the Executive, Legislature and Judiciary, 1. V. Narhari Rao 1948-1954
the CAG is the fourth pillar of the Indian Constitution. .?o. A.K. Chanda 1954-1960
• He helps Legislature to maintain a control over 3. Sh.A.KRoy 1960-1966
the financial activities of the Government. 4. S. Ranganathan 1966-1972
• He is appointed by the President, but can be 5. A. Baksi 1972-1978
removed only in like manner and like grounds as a 6. Gian Prakash 1978-1984
Judge of the Supreme Court.
7. T.N. Chaturvedi 1984-1990
• His term of office is 6 years or upto his age of 65,
whichever is earlier. 8. C.G.Somiah 1990-1996
• His salary and conditions of service cannot be 9. V.K. Shunglu 1996-2002
varied to his disadvantage during his tenure. 10. V.N.Kaul 2002-2008
• The CAG is required to ensure that Centre 11. VinodRai 200e·2013
and State Governments spend money in the manner 12. Shashi Kant Sharma 2013- till date
authorized by Legislatures.
• He audits Government accounts. He also submits PARLIAMENT
report to the President who causes it to be laid before Article 79 of the Constitution of India provides
the Parliament. that, "there shall be a Parliament for the Union which
• He is the friend, philosopher and guide of the shall consist of the President and two Houses to be
Public Accounts Committee of the Parliament. known-respectively as the Council of States and the
Houses of the people".
PARLIAMENT
(House of the People) (Council of States)

• Maximum strength-552 members • Maximum strength-250 members
• 530 members-States • 238 members-States and Union Territories
20 memebrs-Union Territories 12 members-Nominated bjr the President
2 memberS-Anglo-Indian community • Presided by-the Chairman (Vice-President)
• Presided by the Speaker • Members are elected for six years
• Members are elected for five years
ALLOCATION OF SEATS IN PARLIAMENT

S.No. States/UTs No of Seats in Rajya Sabha No of Seats in Lok Sabha
1. Andhra Pradesh 11 25
2. Arunachal Pradesh 1 2
3. Assam 7 14
4. Bihar 16 I 40
5. Chhattisgarh 5 11 I
6. Goa 1 2
7. Gujarat 11 26
8. Haryana 5 10
9. Himachal Pradesh 3 4
10. Jammu and Kashmir 4 6
11. Jharkhand 6 14
12. Karnataka 12 28
S.No. States/UTs No of Seats in Rajya Sabha No of Seats in Lok Sabha I

13. Kerala 9 20
14. Madhya Pradesh 11 29
I
15. Maharashtra 19 48
16. Manipur 1 2 J
I
17. Meghalaya 1 2 I
18. Mizoram 1 1
19. Nagaland 1 1 I
!
20. Orissa 10 21 U I
2l. Punjab 7 13
22. Rajasthan 10 25 ,
j:
I
23. Sikkim 1 1
24. Tamil Nadu 18 39
25. Telangana 7 17 I
I
26. Tripura 1 2 I
27. Utlarakhand 3 5
28. Uttar Pradesh 31 80 .
29. West Bengal 16 42
. Union Territories
l. Andaman and Nicobar Islands 1
2. Chandigarh - 1
3. Dadra and Nagar Haveli - 1
4. Daman and Diu 1 i
5. Delhi (The National Capital I
Territory of Delhi) 3 . 7
I
6. Lakshadweep - 1 I
7. Puducherry 1 1 I
I. Nominated Member 12 2
Total· 252 562
SESSIONS OF PARLIAMENT JOINT SESSION OF PARLIAMENT n

There should not be gap of more than six months In case a. Bill passed by one House is rejected ;;
between two Sessions of Parliament. The Sessions of by other House and in case where the amendment il
Parliament are convened on the discretion of President proposed to a Bill in one House is rejected by other II
and the right to prorogue vests with him. The pending House and also in case the other House does not take
Bills and other business of the House do not lapse any action into a Bill for continuous six months, then
on the prorogation of a Session. When it meets after President can call a Joint Session of both Lok Sabha and
prorogation, the House takes up these pending matters. Rajya Sabha. The Joint Session is presided by Speaker
A fresh House is reconstituted after the dissolution of Lok Sabha. The decision becomes final if it receives
of House. It may be noted that only Lok Sabha dissolves the majority opinion of members present.
after expiry of its normal term of five years or in any Note: In the Indian Constitutional history, only
other case during such tenure, but the Rajya Sabha three bills have been referred to the joint sitting:
is a permanent House. The President is authority to (i) Dowry Prohibition Bill, 1961
dissolve Lok Sabha on advice of Prime Minister. If any (ii) Banking Service Commission (Repeal) Bill,
Bill is pending in Rajya Sabha but not passed by Lok 1978, and
Sabha does not lapse at the dissolution of Lok Sabha (iii) POTA Bill, 2002
but other Bills lapses.
PARLIAMENTARY COMMITTEES and sees whether they are being run on sound
Parliamentary Committees are devices for effective business principles.
control over the Executive. In this context, following • Parliament exercises control over the Executive
three Committees which exercise financial control are through normal parliamentary devices and through
important: . its Committees. Parliamentary devices are: Questions,
(1) Public Accounts Committee: It consists of 22 Calling Attention Motions, Adjournment Motions, No
members (15 from the Lok Sabha and 7 from confidence Motions, Resolutions, Cut Motions and Zero
the Rajya Sabha). It ensures that Government Hour (from 12 noon to 1.00 p.m. of same day). Please
spends money in accordance with the note that Zero Hour follows the Question Hour which
sanction of the Parliament. It is headed by is from (11.00 a.m. to 12.00 noon of same day).
an opposition member. The CAG assists this OFFICERS OF PARLIAMENT
Committee. Each House of Parliament has its own officers to
(2) Estimates Committee: It consists of 30 preside over its meetings. Article 93 of the Constitution
'members all of whom are drawn from the mentions that there are two officers of Lok Sabha (i).
Lok Sabha. It reports on what economy or The Speaker and (ii) Deputy-Speaker. After every
administrative reforms can be effective to general election, the Lok Sabha elects the Speake~ on
ensure efficiency of administration. the day fixed by the President and the election of the
(3) Committee on Public Undertakings: It Deputy-Speaker takes place on the day fixed by the
consists of 22 Members (15 from the Lok Speaker. On dissolution of the Lok Sabha the Speaker
Sabha and 7 from' the Rajya Sabha). It does not vacate his office, he/she continues in office
examines the accounts of Public Undertakings until immediately before the first meeting of the new
Lok Sabha takes place.
LIST OF SPEAKERS OF THE LOK SABHA
Lok Sabha Name , Tenure (Remarks)

First 1. Ganesh Vasudev Mavalanker 1952 to 1956 (Died)
2. Ananthasayanam Ayyangar 1956 to 1957
Second I Ananthasayanam Ayyangar 1957 to 1962
I
Third
Fourth H Hukum Singh
Neelam Sanjiva Reddy
. Gurdial Singh Dhillon
I 1962 to 1967
1967 to 1969 (Resigned)
1969 to 1971
Fifth I 1. GurdialSingh Dhillon 1971 to 1975 (Resigned)
"
..
2. Bali Ram Bhagat 1976 to 1977
r---Sixth 1. Neelam Sanjeeva Reddy 1977 to 1977 (Resigned)
2. K.S. Hegde 1977 to 1980
Seventh Balram Jakhar 1980 to 1985
Eighth Balram Jakhar 1985 to 1989
"--'
Ninth RabiRay 1989 to 1991
Tenth Shivraj Patil 1991 to 1996
Eleventh P.A. Sangrna 1996 to 1998
Twelfth G.M.C Balayogi !
1998 to 1999
Thirteenth 1. G.M.C Balayogi 1999 to 2002 (Died)
I
2. Manohar Joshi i 2002 to 2004
Fourteenth Somnath Chatterjee 2004 to 2009
I
Fifteenth Ms. Meira Kumar 2009 to 2014
Sixteenth Ms. Surnitra Mahajan 2014-till date
I
REMOVAL OF SPEAKER
The Speaker may resign from his office by writing The Speaker may be removed if Lok Sabha passes
under his hand addressed to the Deputy-Speaker. a resolution by a majority of the total members of the
House.
LEGISLATIVE PROCEDURE IN
ANTI-DEFECTION LAW
PARLIAMENT
• This is contained in the Tenth Schedule to
Any Bill can become an Act only after it is passed the Constitution which was introduced by the 52nd
by both the Houses of the Parliament and assented Amendment in 1985.
by the President. The Acts which are enacted in the • It provides for the disqualification of a member
Parliament passes through Ordinary Bills and Money if he defects from his party to some other party. The
Bill. There is difference between Money Bill and the decision is that of the Speaker, but it is subject to
Ordinary Bill. judicial review. There are two exceptions, in which case
MONEY BILL: This Bill deals with borrowings no disqualification occurs:
of Government of India, custody and maintenance of (1) no member can be disqualified if a group of
Consolidated Fund and Contingent Fund or Public 1/3rd of the total members of a party decide
Accounts of India and audit of accounts of Union and to split;
States. It also deals with imposition and abolition of tax.
The Bill is Money Bill or not depends on the Speaker of (2) or if a group of 2/3rd of the total members of a
Lok Sabha. On recommendation of President of India party decide to merge with some other party.
the Money Bill originates in Lok Sabha only. If the • The Constitution 91 st Amendment provides that
Rajya Sabha fails to recommend the Money Bill within a member of either Lok Sabha or Rajya Sabha belonging
14 days when it is sent after passing in Lok Sabha, then to any political party who is disqualified for being a
it is considered that the Bill has been passed by both the member of that House shall be disqualified to become a
Houses of Parliament. And is finally sent to President Minister from date of disqualification till date of expiry
of India for his assent. of his membership or till the date of being elected if he
ORDINARY BILL: This Bill can be introduced in contests and wins in any election before the expiry of
either House and. passes through three various stages such period.
like First Reading, Second Reading, Committee Stages, JUDICIARY
Report Stage and Third Reading. After its passing in • Our democracy, our Fundamental Rights etc.,
the Lower House it is sent to Upper House and after its would be meaningless, if there was no judicial system.
passing-in Upper House it is sent to President for his We have an elaborate battery of laws and judicial
assent and then becomes the Law. courts.
PRIVILEGES AND IMMUNITIES OF • The main sources of law in India are the
PARLIAMENT AND ITS MEMBERS: The Constitution Constitution, Legislations and Case-laws. Certain
guarantees"" freedom of speech in Parliament and Customs which are long standing and are not against
freedom of publication of its proceedings. The any express law, constitute the Customary Law.
Parliament also has the power to punish any person for
violating its privileges. • Further, the Government makes a variety of
rules, regulations and bye-laws under the authority
• The MPs are immune from arrest in Civil Cases conferred by the Legislature. This is known as
while the Parliament is in Session and for 40 days delegated legislation.
before and after. In Criminal Cases, they cannot be
arrested while House is in Session. • We have a single integrated system of Courts
to administer both the Union and State Laws. This
QUALIFICATIONS FOR MEMBERSHIP OF uniformity of judicial structure has been achieved ~y
PARLIAMENT: A person must be citizen of India, must placing the relevant areas of civil and criminal law m
not be less than 30 years in case of Rajya Sabha and not the Concurrent List of Constitution of India.
less than 25 years in case of Lok Sabha.
• We have at the apex the Supreme Court, with
GROUNDS FOR DISQUALIFICATION: A member a High Court for each State or group of States. Under
of Parliament can be disqualified if he: (1) holds any the High Courts are Subordinate Courts. The whole
office of profit; (2) is declared of unsound mind by a country is divided into judicial districts. At the village
competent Court; (3) is an undischarged insolvent; (4) level we have Nyaya Panchayats.
ceases to be citizen of India; (5) if he absents himself for
continuous 60 days without permission.
The question of disqualification is decided by the
President in accordance with the advice of the Election
Commission.
JUDICIARY SYSTEM IN INDIA

I
Supreme Court of IndIa
.
(Chief Justice and 30 other Judges)
I
High Court (in each State)
(Over 600 Judges in 24 High Courts in India)
I
District and Sessions Judges (In districts) (In Metropolitan Areas)
(Over 2069 D&S Judges and 1379 Senior Civil

I
Judges,and Chief Judicial Magistrates)
Metropolitan Magistrate's Court City Civil and Sessions Courts Presidency Small ,u
Cause Courts
i{
Subordinate judge's Court (Civil) Provincial Small Cause Courts Court of Session (Criminal) ii
Munsiff's Court Nyay Panchayats Subordinate Panchayat

,j
(About 4308 Munsiffsl Adalats "
Subordinate
Judges)
Judicial Magistrates Executive Magistrates (Civil)
Supreme Court: It consists of the Chief Justice and must be a citizen of India, must be, at least, five years a
30 other Judges. The other judges are appointed by the judge 0'£ High Court, or an advocate of a High Court for
President in consultation with the Chief Justice. For ten years, or he must be in the opinion of the President,
appointment as a Judge of the Supreme Court, a person a distinguished jurist. The age of his retirement is 65
years.
CHIEF JUSTICES ACCORDING
TO DATE OF APPOINTMENT
i
S.No. Hon'ble Chief Justice I Parent High Courtl From To Number of year, Remarks
month and days
asCJI
(1) (2) (3) (4) (5) (6) (7)
1. RJ, Kania Bombav 26.01.1950 06.11.1951 1 V,9 m, 11 d Expired in Office
2. M. Patanjali Sastri Madras 07.11.1951 03.01.1954 2 V, 1 m,27 d
3. M.e. Mahajan P&H 04.01.1954 22.12.1954 Ov, 11 m,18 d
4. B.K. Mukherjea Calcutta 23.12.1954 31.01.1956 1 V, 1 m, 8 d Resigned
5. S.R. Das Calcutta 01.02.1956 30.09.1959 3v,7m,29d
i 6. B.P. Sinha Patna 01.1 If. 1959 31.01.1964 4y,3m,30d i
7. P.B. Gajendragadkar Bombay 01.02.1964 15.03.1966 2 y, 1 m, 14d
8. A.K Sarkar Calcutta 16.03.1966 29.06.1966 Oy,3m,13d
9. K Subba Rao Madras 30.06.1966 11.04.1967 oy,9 m, 11 d Resigned
10. KN. Wanchoo Allahabad 12.04.1967 24.02.1968 OV,I m,12d i
11. M. Hidayatullah Bombay 25.02.1968 16.12.1970 2y,9 m,21 d Also served as i

Acting President
of India and Vice-
President of India I
12. J.e. Shah Bombay 17.12.1970 21.01.1971 Oy,1 m,4d i
13. S.M. Sikri Bar 22.01.1971 25.04.1973 2y,3m,3d

14. A.N. RaV Calcutta 26.04.1973 28.01.1977 3y,9m,2d
15. M.H. Beg Allahabad 29.01.1977 21.02.1978 1 y,Om,23d
(1) (2) (3) (4) (5) (6) (7)

I 16. I Y.V. Chandrachud Bombay 22.02.1978 11.07.1985 7 y,4m, 19 d i
17. . Bhagwati Gujarat 12.07.1985 20.12.1986 1 y,5 m,8 d
I 18. RS. Pathak Allahabad 21.12.1986 18.06.1989 2 y,5m,28 d Resigned
19. E.S. Venkataramiah Karnataka 19.06.1989 17.12.1989 oy,5m,28 d
20. Sabyasachi Mukharji Calcutta 18.12.1989 25.09.1990 Oy,9 m,7d Expired in
Office I
21. Ranganath Misra Orissa 25.09.1990 25.11.1991 1 y,2m,O d i
22. K.N. Singh· Allahabad 25.11.1991 12.12.1991 oy, 0 m, 18 d , I

23. M.H.Kania Bombay 13.12.1991 17.11.1992 oy,ll m,4 d I
24. L.M. Sharma Patna 18.11.1992 11.02.1993 oV,2 m, 24 d I
25. M.N. Venkatachaliah Karnataka 12.02.1993 24.10.1994 1 y,8 m, 12d
26. A.M. Ahmadi Gujarat 25.10.1994 24.03.1997 2 y,4m,30d I
27. J.S. Verma M.P. 25.03.1997 18.01.1998 oy, 9 m,24 d
28. M.M. Punchhi P&H 18.01.1998 09.10.19.98 Oy,8m,22d
29. A.S. Anand,Dr J&K 10.10.1998 01.11.2001 3y;Om,21 d i
30. S.P. Bharucha Bombay 01.11.2001 06.05.2002 Oy,6m,5d I

31. B.N. Kirpal Delhi 06.05.2002 08.11.2002 oy,6m,2d
32.
33.
G.B. Pattanaik
V.N.Khare
. Orissa
Allahabad
08.11.2002
19.12.2002
19.12.2002
02.05.2004
Oy, 1m,l1 d
ly,4m,14d
34. S.R. Babu Kamataka 02.05.2004 01.06.2004 Oy, Om,29 d
35. RC. Lahoti M.P. 01.06.2004 01.11.2005 1 y,5 m, 0 d
36. Y.K. Sabharwal Delhi 01.11.2005 14.01.2007 1 y,2m,13 d
37. K.G. Balakrishnan Kerala 14.01.2007 12.05.2010 3 y,3m,29 d
I
38. SB. Kapadia Bombay 12.05.2010 29.09.2012 2 y,4m,17d
39. Altamash Kabir Calcutta 29.09.2012 I 19.07.2013 oy,9 m,21 d
. Oy,9m;8d !
40. P. Sathashivam Madras 19.07.2013 27.04.2014
41. RM:Lodha Rajasthan 27.04.2014 28.09.2014 o y,5 m, 1 d !
42. H.L. Dattu Kamataka 28.09.2014 02.12.2015 1 y,2 m,4d !
43. 1'$. Thakur J&K 03.12.2015 03.01.2017 1 y,l m,Od

44. J.S.Khehar P&H 04.01.2017 till date
POINTS TO REMEMBER
Judge with longest tenure as Chief Justice of India Y.V. Chandrachud 7y,4m,19d
Judge with shortest tenure as Chief Justice of India KN.Singh 18d
Judge with longest tenure as Judge of Supreme Court P.N. Bhagwati 13y, 05m, 13d
Judges who Contested Election of President of India 1. K Subba Rao
2. H.R. Khanna
3. Krishna Iyer
Judge who Contested Election of Vice-President of India M. Hidayatullah
Judge who Contested Election of M.P. - Lok Sabha KS.Hegde
Judge who Contested Election of M.P.- Rajya Sabha 1. Bahrul Islam
2. R.N. Misra
Judges who Resigned as M.P. (Rajya Sabha) to become High Court Judges 1. KS. Hegde
2. Bahrul Islam
Jurisdiction of the Supreme Court: The In the judicial history of India no single judge has
jurisdiction of the Supreme Court is divided into three been impeached so far. Justice Ramaswamy of Supreme
categories: Court in Congress regime in 1990s was escaped from
(1) Under its Original Jurisdiction, the Supreme such process.
Court is empowered to adjudicate disputes • Impeachment proceedings were passed against
between the Centre and the State and also Soumitra Sen, a Judge of Calcutta High Court in Rajya
between the States and also the enforcement Sabha and taken before Lok Sabha, but before it could
of Fundamental Rights. be taken he resigned and escaped from impeachment
(2) Its Appellate Jurisdiction relates to process.
constitutional, civil, criminal and other • Supreme Court is the Court of Record under
matters. Article 129 of the Constitution and it has power to
(3) Under the Advisory Jurisdiction (Article 143), punish for its own contempt.
the President can refer any question of law
or fact of public importance to the Supreme STATE LEGISLATURE
Court for its advisory opinion thereon. • State Legislature consists of Governor and
Removal of Judges: It requires a very tough Legislative Assembly (Vidhan Sabha) but where there
procedure provided under Article 124(4). are two. Houses like in Bihar, Maharashtra, Kamataka,
The only ground on which a Judge of the Supreme Uttar Pradesh, Andhra Pradesh and Telangana then the
Court or High Court can be removed is proved Legislature consists of Governor, Legislatiye Assembly
misbehaviour or incapacity. . and Legislative Council (Vidhan Parishad).
A judge can only be removed by an order of the LEGISLATIVE ASSEMBLY
President passed after an address in each House of Legislative Assembly of each State consiSts of not
Parliament. Such address must be supported by a more than 500 and not less than 60 members chosen
majority of the total membership of that House and by a. by direct election from territorial constituencies in the
majority of not less than two-thirds of members present State. Total membership of Legislative Assembly varies
and voting. It must be presented to the President in the in each State according to its population.
same Session.
1/3rd members
are elected by
the Legislative
Assembly from among
tl).e persons who are
not its members
Exception: Legislative Assembly of following five (i) he should be a citizen of India.

States has less than 60 members in their respective (ii) he should be not less than 25 years of age.
Legislative Assembly: (iii) he should possess such other qualification as
(i) Sikkim - 32 (vide Article 371F) prescribed by the Parliament.
(ii) Mizoram - 40 (vide Article 371G)
(iii) Goa - 40 (vide Article 37II) LEGISLATIVE COUNCIL
(iv) Pondicherry - 30 (vide Article 239A) • Legislative council comprises not more than
The normal term of Assembly is 5 years. While a 1/3rd of the total number of members in the Legislative
proclamation of emergency is in operation, the term of Assembly and in no case less than 40 members.
assembly may be extended by Parliament by law for a Exception: Legislative Council of Jammu and
period not exceeding 1 year at a time and not extending Kashmir consist of only 36 members.
a period of 6 months after the proclamation has ceased • Where there is a provision of the Legislative.
to operate. The Assembly may be dissolved earlier than Council, it cannot be dissolved but 1/3rd of their
the fixed period. . members retire every second year.
• The qualifications of the members of the • The composition of Legislative Council is as
Assembly according to Constitution of India is as follows:
follows:
S1. No. Name of the State! Number of Seats in Number of Seats in
Union Territory Legislative Assembly Legislative Council I
1 Andhra Pradesh 175 50
2 Arunachal Pradesh 60
I~
3 Assam 126
4 Bihar 243 75
5 Chhattisgarh 90
6 Goa 40 I
7 Gujarat 182
8 Haryana 90 I
9 Himachal Pradesh 68
10 Jammu and Kashmir - 87
*
36
11 ".
Jharkhand. 81
12 Karnataka 224 75
13 Kerala 140
14 Madhya Pradesh 230
15 Maharashtra 288 78
16 Manipur 60
17 Meghalaya 60
18 Mizoram 40
19 Nagaland 60
20 Odisha 147
21 Punjab 117
22 Rajasthan 200
23 Sikkim 32
24 Tamil Nadu 234
25 Tripura 60
26 Uttarakhand 70
27 Uttar Pradesh 403 100
28 West Bengal 294
29 Telangana 119 40
II. UNION TERRITORIES
1 Delhi 70 -
2 Puducherry 30
I
GOVERNOR • But, Governor has no power to pardon death

• There shall be a Governor for each State (article sentence.
153 of the Constitution of India). • Indian Constitution does not provide any
• Governor is the Constitutional head of the State. procedure to remove Governor.
• The Executive powers of the State vests in the HIGH COURT
Governor, although in reality, it is exercised by the • Article 214 provide that there shall be a High
Chief Minister. Court for every State.
• The Governor is appointed by the President for a • At present there are 24 High Courts.
term of five years and holds office during his pleasure. • Three new High Courts were established in 2013
• To be eligible to be appointed as a Governor, a in Manipur, Meghalaya and Tripura.
person must be, at least, 35 years of age. . • Article 231 empowers Parliament to establish a
• The Governor shall not be a member of the common High Court for two or more States.
Legislature· or Parliament; shall not hold any office of • The National Capital Territory of Delhi has a
profit, shall be entitled to emoluments and allowances. High Court of its own. Each High Court consists of a
• Governor has been given wider discretionary Chief Justice and such other judges as the President
powers than the President. For example, recommending may from time to time appoint.
to the President for imposition of State emergency, and . • The judges of the High Court are appointed by
reserving State Bills for Presidential assent. the President in consultation with the Chief Justice of
• His salary is ~ 1,10,000 per month as per India and the Governor of the State and also the Chief
Governors (Emoluments, Allowances and Privileges)" Justice of the concerned High Court. They hold office
Amendment Act, 2008. till the age of 62 years.
• The Governor shall have the power to grant . • The High Courts are also the Courts of Record.
ie::
pardons t reprieves, etc. (article 161). The salary of Chief Justice is ~ 90,000 per month and of
other Judge is ~ 80,000 per month. "
HIGH COURTS IN INDIA -ACCORDING TO YEAR OF ESTABLISHMENT
S1. No. Per High Court PHC Year Territorial Estab. Jurisdiction Principal Seat Benches
1 Calcutta· 1862 West Bengal Calcutta Port Blair
2 Madras 1862 Tamil Nadu & Pondicherry Madras i
3 Bombay 1862 Maharashtra, Coa, Dadra Bombay Nagpur,
i
and Nagar Haveli and Panaji and I
Daman and Diu Aurangabad
4 Allahabad 1866 Uttar Pradesh Allahabad Lucknow
5 Karnataka 1884 Karnataka Bangalore
6 Patna 1916 Bihar Patna
7 Jammu & Kashmir 1928 Jammu & Kashmir Srinagar & Jammu
8 Cuwahati 1948 Assam, Nagaland, Mizoram Guwahati Kohima,
and Arunachal Pradesh Aizwal
9 Orissa 1948 Orissa Cuttack
c:1O Rajasthan 1949 Rajasthan Jodhpur Jaipur
11 Andhra Pradesh 1956 Andhra Pradesh Hyderabad
12 Madhya Pradesh 1956 Madhya Pradesh Jabalpur Gwalior and Indore
13 Kerala 1958 Kerala & Lakshadweep ".
Ernakulam
14 Gujarat 1960 Cujarat Ahmedabad
15 NCT 6f Delhi 1966 NCTot Delhi New Delhi
16 Himachal Pradesh 1971 Himachal Pradesh ! Shimla
17 Punjab & Haryana 1975 Punjab, Haryana & Chandigarh Chandigarh i
18 Sikkim 1975 Sikkim Gangtok
19 Chattisgarh 2001 Chattisgarh Raipur
20 Jharkhand 2001 Jharkhand Ranchi
21 Uttarakhand 2001 Uttarakhnad Nainital
22 Manipur 2013 Manipur Imphal
23 Meghalaya 2013 Meghalaya Shillong
24 Tripura 2013 Tripura Agartala !
170 Lega/ General Know/edge
CENTRE - STATE RELATIONS INTER-STATE COUNCIL (ARTICLE 263)

India is a Union of States. Parliament can create a • It is a constitutional body which inquires
new State, change boundaries of existing States or wipe into disputes beh"leen the States, delineates subjects
out a State's existence by a simple majority. The relation of common interest between States and makes
between Centre and States can be studied under three recommendations' for co-ordination of policy and action
heads: betv'leen States.
(1) Legislative Relations - The Seventh Schedule • On the basis of Sarkaria Commission
contains three Lists. The Union List contains recommendations, a permanent Inter-State Council was
items which are exclusive jurisdiction of created in: April 1990, consisting of six Union Cabinet
Parliament. The State List items are within Ministers and Chief Minister of each State.
legislative competence of State Legislatures. • It comprised of the Prime Minister as its
Finally there is a Concurrent List on which chairman and the following as its members:
both Parliament and State can make laws, but (i) Chief Ministers of all the States, and Union
in event of any conflict or overlap, the law of Territories with legislatures
the Parliament prevails. (ii) Administrators of Union Territories without
, (2) Administrative Relations The executive . legislators
power is co-extensive with legislative power. (iii) Six Central Cabinet Ministers, including
The Constitution has created the mechanism the Home Minister nominated by the Prime
of All India Services which provides for Minister.
.cohesion and efficiency of administration of
both Union and the States. ZONAL COUNCILS
(3) Financial Relations Both Centre and States Zonal Councils are advisory bodies or statutory
have certain independent sources of income. bodies (but not Constitutional bodies) created by an
However, it is the Centre which has access Act of Parliament i.e., State Reorganization Act, 1956.
to enormous amounts of funds and thus it The Act divided the whole country into fives zones and
provides funds to States. The Constitutional provided a zonal council for each zone. These are as
mechanism for the distribution of revenue to follows:
the States is Finance Commission.
Name Members Headquarters I
1. Northern Zonal Council Jammu and Kashmir, Himachal Pardesh, Haryana, New Delhi
Punjab, Rajasthan, Delhi and Chandigarh
2. Central Zonal Council Uttar Pardesh, Uttarakhand, Chhattisgarh
and Madhya Pradesh Allahabad J~
~.,
3. Eastern Zonal Council Bihar, Jharkhand, West Bengal and Orissa Kolkata
4. Western Zonal Council Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli Mumbai
and Daman and Diu
5. Southern Zonal Council Andhra Pradesh, Karnataka, Tamil Nadu, Chennai
Keralaand '~herry
Each Zonal Council consists of the following FINANCE COMMISSION

members: Finance Commission is provided for in Article 280
(i) Home Minister of Central Government, of the Constitution. The First Finance Commission was
(ii) Chief Ministers of all the States in the zone, constituted in 1951 under the Chairmanship of Mr. KC.
(iii) Two Ministers from each State in the zone Neogy. It is constituted every five years by President, to
(iv) Administrator of each Union Territory in the make recommendations relating to the distribution of
Zone. financial resources between the Union and the States. It
The Home Minister of Central Government is the consists of a Chairman and four other members and its
common chairman of all the five Zonal Councils. Zonal recommendations specifically relate to:
Councils promote co-ordination in inter-State activities. (1) distribution between Union and States, the net
The Home Minister is the Chairman of Zonal Council. proceeds from taxes;
A body similar to Zonal Council has been set-up by an (2) principles governing grants-in-aid to revenue
Act of Parliament for the North-Eastern Region called of States out of Consolidated Fund of India.
North-Eastern Regional Council. (3) any other matter referred to by the President.
LIST OF FINANCE COMMISSIONS APPOINTED

Finance Chairman Appointed in Submitted Report Period of
Commission in implementation
of Report
First KC Neogy 1951 1952 1952-57
Second K Santhanam 1956 1957 1957-62
Third A.K. Chanda 1960 1961 1962-66
Fourth Dr. P.V Rajamannar 1964 1965 1966-69
Fifth Mahavir Tyagi 1968 1969 1969-74
Sixth Brahamananda Reddy 1972 1973 1974-79 ~
,
Seventh J.M. Shelat 1977 1978 1979-84

Eighth Y.B. Chavan 1982 1984 1984-89
I;
Ninth N.K.P Salve 1987 1989 1989-95 ,
I'
Tenth KC Pant 1992 1994 1995-2000

I;
Eleventh A.M. Khusro 1998 2000 2000-2005

'
11,
Twelfth Dr. C Rangarajan 2002 2004 2005-2010
~
Thirteenth Dr. Vijay Kelkar 2007 2009 2010-2015 Ii
Fourteenth Y.V.Reddy 2013 2014 (expected) 2015-2020
PUBLIC SERVANTS Chief Election Commissioner and such other Election

• India has two kinds of service cadres - All Commissioners as the President may from time to time
India Services and State Services. The Constitutional fix. The Commission has the following functions:
(1) preparation of electoral rolls; .
provisions in this regard are contained in Part XIV,
Articles 308-313. (2) superintendence, direction and control of
elections to Parliament and State Legislatures;
• The Union Public Service Commission is (3) recognition of political parties and allotment
responsible for making recruitment to All India of symbols to them;
Services. The Chairman and members of U.P.S.C are (4) conducting elections to offices of the President
appointed by the President. Their tenure is 6 years or and the Vice-President.
their age of 65, whichever is earlier. • The Chief Election Commissioner is
• According to Article 310, -Government Servant independent of executive control because his salary,
holds office during the pleasure of President. In this tenure, conditions of service are provided for in the
context, special note may be taken of Article 311 of the Constitution. He cannot be removed except in a like
Constitution which makes the following propositions: manner and like grounds as a judge of the Supreme
(1) A civil servant cannot be removed by an Court.
authority lower than that which appointed • In a landmark case, i.e., T.N. Seshan v. Union of
him. India, JT 1995 (5) SC 337, the Supreme Court held that
CEC is not the sole repository of powers of the Election
(2) Before dismissal, the Civil Servant must be Commission. It was held that whenever there is a
given a reasonable opportunity of being heard difference of opinion among the CEC and other ECs the
with respect to the charges against him. view of the majority will prevail.
• In a landmark judgment in case of P. V. Narasimha
CHIEF ELECTION COMMISSIONERS
Rao v. CBIISPE, (1998) 4 SCC 626, the Supreme Court
held that the MPs and MLAs are also Public Servants OF INDIA
within the meaning of section 21 of the Indian Penal S.No. Name Tenure
Code.
1. SukumarSen 1950-1958
ELECTION COMMISSION 2. KV.K Sundaram 1958-1967
• Article 324 of the Constitution provides for 3. S.P. Sen Verma 1967-1972
an Election Commission, which shall consist of a 4. Dr. Nagendra Singh 1972-1973
S.No. Name Tenure I

I in suspended animation, and dismissal if required
should only be after approval of the proclamation by
5. . T.Swaminathan 1973-1977 i the Parliament. The Supreme Court also said that it can
6. S.L. Shakdhar 1977-1982 i restore a dismissed assembly back to life if the dismissal
7. R.K. Trivedi 1982-1985 • is found to be mala fide.
8. R.V.S. Peri Sastri 1986-1990 : Note: Punjab was the first State where President
9 Smt. V.S. Rama Devi 1990-1990 • Rule was imposed.
• FINANCIAL EMERGENCY. Article 360 provides
10. T.N. Seshan 1990-1996
for Financial Emergency if there is threat to the financial
11. M.s. Gill 1996-2001 stability or credit of India.
12. J.M. Lyngdoh 2001-2004
13. T.S. Krishnan Murthy 2004-2005 ! OFFICIAL LANGUAGES
14. B.B. Tandon 2005-2006 J • There· are twenty-two recognized languages
listed in the Eighth Schedule of the Constitution.
15. N. Gopalaswamy 2006-2009 • Nepali, Konkani and Manipuri were added by the 71st
16. Naveen Chawla 2009-2010 I Amendment in 1992.
17. S.Y. Quraishi 2010-2012 I • The Constitution 92nd Amendment 2003 added 4
18. V.S. Sampath 2012-2015 more languages, viz. Bodo, Dogri, MaithiU and Santhali.
19. H.s. Brahma 2015-2015 • The Constitution provides that Hindi in Devnagri
script shall be the official language of the Union. The
20. NasimZaidi 2015-till Parliament has enacted an Act for continuation of
date English as long as Hindi has not replaced it.
• The official language of the Supreme Court is
EMERGENCY PROVISIONS English. . .
• The Constitution provides for three kinds of • The official language or languages of a State shall
Emergency: be as the State Legislature adopts.
• NATIONAL EMERGENCY: Article 352 provides
for Emergency due to war, external aggression or PROVISIONS RELATING TO
armed rebellion. SPECIAL CLASSES
• Every proclamation of Emergency must be laid Part XVI of the Constitution deals with special
before both Houses of Parliament and ceases to operate provisions for certain classes viz. Scheduled Castes and
if it is not approved by both Houses within a month Scheduled Tribes.
from -the date when it was proclaimed. Thereafter an Some of the important measures are:
approval of both Houses must be obtained every six (1) Reservation of seats for Scheduled Castes and
months for the continuance of this Emergency. Scheduled Tribes in the Lok Sabha and State
• During a National Emergency, Fundamental Legislatures on the basis of their population.
Rights under Article 19 can be suspended. Right to (2) Appointment of National Commission for
move the Courts (Article 32 and Article 226) can also Scheduled Castes and Tribes by the President.
be suspended. But access to courts cannot be barred, to (3) Provision of special grants by the Centre to
enforce the protection of life and liberty under Article 21. the States for meeting the costs of schemes
• STATE EMERGENCY (PRESIDENT'S RULE): of welfare designed for the Scheduled Tribes
Article 356 provides for President's rule due to failure and raising the level by administration in the
of the Constitutional machinery in the State. It is also scheduled areas.
known as State Emergency.
• In S.R. Bommai v. Union of India, AIR 1994 SC AMENDMENT TO THE CONSTITUTION
1918, the Supreme Court has observed that Article 356 Article 368 provides for amending the Consti~~on.
cannot be used only for political purposes to dismiss There are three methods for amending any prOVISIOns
Opposition Governments in the States. of the Constitution:
• Further, there is a provision that every such (1) Certain provisions require a simple majori1
proclamation must be approved by both Houses of in Parliament, for example: Creation an
Parliament within 2 months. abolition of States.
• The Supreme Court also laid down in that case, (2) A two-third majority is needed for amendin~
that the President should not outright dismiss the some other provisions, for example, powers 0
Government. He should only keep the State Assembly Election Commission.
(3) Finally some provisions can only be amended Fifth Schedule: Provisions for administration and
after the Parliament has so resolved by two control of Scheduled Areas and Scheduled Tribes and
third majority and it has been ratified by Amendments to Schedule.
Legislatures of one-half of the States. These Sixth Schedule: Provisions for administration of
include amendment to any of the Lists in the Tribal Areas in North-Eastern States.
Seventh Schedule. Seventh Schedule: The Lists specifying
In Golaknath's case, AIR 1967 SC 1943, the Supreme distribution of legislative subjects between Union and
Court held that Fundamental Rights cannot be abridged the States. This Schedule consists of Union List, State
by Parliament adopting a Constitutional amendment. List and Concurrent List.
However, Keshavananda Bharati's case, (1973) 4 SCC 225, Eighth Schedule: Languages [22 language]
overruled this dicta and held that Parliament had the Ninth Schedule: Allied Laws and Regulations
competency to amend Fundamental Rights. saved for judicial review.
In Bharati's case (supra) and also in Minerva Mill's Tenth Schedule: Provisions for disqualification on
case, (1980) 2 SCC 591, the Supreme Court negated the the ground of defection.
Parliament's claim to unlimited amending power, and Eleventh Schedule: Provisions for Panchayats.
held that Parliament cannot amend the basic features of Twelfth Schedule: Provisions for Urban Local
the Constitution. Self-government.
Thus the 42nd Amendment (1976) declared that
there is no' limit on the power of the Parliament to REVIEW OF CONSTITUTION
amend any provision of the Constitution and no Court After 50 years in the working of the Constitution
can question the validity of any such amendment. In the Government of India set-up a National Commission
Minerva Mills case, (supra), the Supreme Court struck to Review the Working of the Constitutio1\.Accordingly
down this unlimited power of Parliament to amend on 23 rd February, 2000, the President of Jndia appointed
any provision of the Constitution on the basic structure Justice M.N. Venkatachaliah, former Chief Justice of
doctrine. ' India as the Chairperson of the Commission.. However,
Some basic features of our Constitution are: it was clarified by the said Commission that the basic
(1) sovereignty and territorial integrity of India;~ feature of the present Constitution will not be changed.
(2) rule of law; The Commission submitted its Report on 31st March,
(3) judicial review; 2002 making suggestions and recommendations for
(4) secularism; amendment to the Constitution for its better working,
(5) harmony between directive principles and under the present scenario. The recommendations of
fundamental rights; this Committee include the addition of new articles in
(6) democracy. , Fundamental Rights Chapter and Chapter on Directive
Principles of State Policy.
SPECIAL STATUS OF
SOME PARLIAMENTARY TERMS
JAMMU AND KASHMIR
ADJOURNMENT MOTION: It interrupts the
By virtue of article 370 of the Constitution, the
normal business of the Houses and draws attention to a
State of Jammu and Kashmir enjoys a' special status
matter of grave public importance.
within the Indian Union. It is the only State possessing
NO CONFIDENCE MOTION: When the member
a separate Constitution. The jurisdiction of Parliament
of Lok Sabha seeks the no confidence in Council of
is limited to matters in the Union List and only some
Ministers then Council of Ministers can be ceased.
matters in the Concurrent List.
The notice on such issue is to be given before the
SCHEDULES TO THE CONSTITUTION commencement of sitting of the day. The Speaker
First Schedule: Territorial demarcations of States reads the motion in the House. When the minimum
50 members of Lok Sabha supports the motion, then
and Union Territories.
Speaker admits no confidence motion. The time for
Second Schedule: Provisions as to President and
discussion on motion requires 10 days.
Governors of States.
CENSURE MOTION: A censure motion can be
Third Schedule: Forms of Oaths or Affirmations.
moved against the Cotmcil of Ministers or against an
Fourth Schedule: Allocation of seats in Council of individual minister for failing to act pr for some policy.
States (Rajya Sabha). Reasons for the censure must be precisely enumerated.
The Speaker decides whether or not the motion is in questions relate to the matter of administration,
order and no leave of the House is required for moving problems of country and the matter is brought to the
it. notice of the ministers. The question includes starred
VOTE-ON-ACCOUNT: It empowers Lok Sabha questions, unstarred questions and short notice
to draw funds in advanc~, pending the completion of questions.
budgetary process. ZERO HOUR: The zero hour falls after the
GUILLOTINE: It is a devise by which demands question hour in the Houses. This hour leads loss of
for grants are put to vote, regardless whether they have time of Parliament because the subject matter is raised
been discussed or not. This is resorted to when there is without prior permission.
paucity of time. REPUBLIC: A State, headed by a non-hereditary
APPROPRIATION BILL: It is a bill containing all head (i.e., elected) as opposed to a monarchy which is
the demands for grants voted by Lok Sabha along with headed by a King or Queen.
expenditure charged on Consolidated Fund of India. RE·ORGANISATION: When the new States are
PLEBISCITE: It is a direct vote of the qualified created, the Parliament passes the Re-organisation
voters in regard to some important public question. Act for that particular State and all the provisions of
LEADER-OF-OPPOSITION: He has been legislation are made for the executive and judiciary
accorded statutory recognition since 1977. His rank is functions thereof.
equal to a Cabinet Minister. SELECT COMMITTEE: The Select Committee
FINANCE BILL: It contains all the financial is constituted for the consideration of various kinds
proposals of the Governwent. of Bills. The duty of such Committee is to collect the
QUORUM: It is the .minimum number of members required information and to report on the Bills referred
of a Legislature that must be present to make the to it.
proceedings valid. This is equal to one-tenth of the total ESTIMATES COMMITTEE: This Committee is
number of members. . constituted on the basis of proportional representative.
QUESTION HOUR: The first hour of every The strength of such Committee is 30 members. This
sitting in the Lok Sabha and Rajya Sabha is meant Committee suggests the Government for efficient
for questions. This is in Parliamentary term. These economic administration and examines the annual
estimates.
IMPORTANT CONSTITUTIONAL AMENDMENTS
First Amendment (1951): Added the 9th Schedule Seventy-fifth Amendment (1994): Relates to
to give legislation furthering land reform, immunity formation of rent-tribunals for adjudication of tenancy
from judicial review. The first amendment to the issues.
Constituti0l1 of India had not been made by Parliament. Seventy-sixth Amendment (1994): Places in the
It has been made by provisional Parliament of India Ninth Schedule, provisions of Tamil Nadu Reservation
that was the constituent Assembly itself. Act wherein 69% reservation has been provided, which
Seventh Amendment (1956): Gave effect to is in excess of Supreme Court's ceiling of 50% in Indra
recommendations of State Reorganisation Commission, Swahney's case, AIR 1993 SC 477, (i.e., MandaI case).
and reorganised States on a linguistic basis. Seventy-seventh Amendment (1995): Amended
Twenty-sixth Amendment (1971): Abolished Privy Article 16, making provisions for reservation in matters
Purses and privileges of the former rulers of Indian of promotion for SCs and STs to any classes of posts in
States. the services under the State.
Forty-second Amendment (1976): Also called Seventy-eighth Amendment (1995): Various State
'mini-Constitution'; amended Preamble to add the legislations saved in the Ninth Schedule.
words 'socialism', 'secularism' and 'integrity of nation'; Seventy-ninth Amendment (1999): Reservation
introduced a Chapter on Fundamental Duties; created of seats for SCs and STs and special representation to
Administrative Tribunals. Anglo-Indian community in the House of the People
Forty-fourth Amendment (1978): Omitted Right and Legislative Assemblies of the States was raised to
to Property as a Fundamental Right and made it only 60 years from the commencement of Constitution.
a legal right; article 352 was amended to remove the Eightieth Amendment (2000): Amendment was
word 'intemaldisturbance' as grounds for imposition made in article 269 of the Constitution for the provision
of internal eIr.ergency and replaced it with the words of taxes on the sale or purchase of goods and taxes
'armed rebellion'. on the consignment of goods which shrill be levied
Fifty-second Amendment (1985): Contains anti-· and collected by the Government of India but shall
defection provisions, added the Tenth Schedule. . be assigned and be deemed to have been assigrled to
Sixty-first Amendment (1989): Amended Article by States on or after the first day' of April, 1996 in the
326 to reduce voting age from 21 to 18 years. manner provided in clause (2) of article 269.
Sixty-fifth Amendment (1990): Established Eighty-first Amendment (2000): The amendment
a National Commission for Scheduled Castes and empowers the State Government to consider at their
Scheduled Tribes. behest the unfilled reserved vacancies of a year for
Seventy-third Amendment (1992): Provides being filled up in that year in accordance with any
Constitutional status to Panchayati Raj, added Eleventh provision for reservation as a separate class of vacancies
Schedule. to be filled up in any succeeding year, etc.
Panchayat is an ancient institution in India. The Eighty-second Amendment (2000): This
modem type was introduced by Lord Rippon. The amendment -makes provision for no interference to
Constitution framers also wanted Panchayat to be a be made in making of any provision in favour of the
vibrant feature on Indian democracy and embodied members of SCs and STs for relaxation in qualifying
their wish in Article 40 which is a directive principle. marks in any examination or lowering the standards
In 1959, Panchayat Raj was introduced on the basis of evaluation for reservation in matters of promotion
of Balwant Raj Mehta Committee recommendations. to any class or classes or services of posts in connection
The functioning of these panchayats was reviewed by with the affairs of the union or of a State.
Ashok Mehta Committee in 1977. It was found that Eighty-third Amendment (2000): Amendment was
panchayats could not function properly as they did not made in article 243M of the Constitution stating "that
have independent source of funds, regular elections etc. nothing in article 2430, relating to reservation of seats
These and many more impediments have now' been for the Scheduled Castes" shall apply to the State of
overcome by the 73rd Amendment which has provided Arunachal Pradesh.
a constitutional basis to the existence of Panchayats. Eighty-fourth Amendment (2001): The
Seventy-fourth Amendment (1992): Provides Amendments were made in the Articles 55, 81,82,170,
Constitutional status to municipal government added 330 and 332. This amendment freezed and construed
the Twelfth Schedule. the number of representations in the Lok Sabha and
Today 25% of the Indian population liVES in urban State Assemblies at the current level for another 25
areas. The urban local self-government has also existed years i.e., up to 2026.
since ancient times in India. In 1882, Lord Rippon gave Eighty-fifth Amendment (20Ot): This amendment
it a new direction. With the 74th Amendment, the urban protects the interest of the Government servants
local government has been given constitutional powers. belonging to the Scheduled Castes and Scheduled
175
Tribes in the matter of promotion, with consequential and members of State Legislative Assemblies on the
seniority to any class of posts in the services under the ground of defection. It provides that total number of
State Government. Though the amendment is made Ministers, including the Prime Minister, in the Council
in the year 2001 the provision shall be retrospectively of Ministers shall not exceed 15 per cent of the total
effective from 17th June, 1995. This amendment relates number of members of the Lok Sabha. It also provides
to the Supreme Court Judgment in case of Union of India that a disqualified Parliament Member shall also be
v. Virpal Singh Chauhan, (1995) 6 SCC 684 and Ajit Singh disqualified to be a Minister during his disqualification.
Januja v. State of Punjab, (1996) 2 SCC 715 and these This amendment also provides that the total number
two judgments adversely affected the interest of the of Ministers including Chief Minister in the Council of
Government servants belonging to SCs and STs. Hence Ministers of a State shall not be more than 15% of total
the Government of India reviewed the position and number of members of Legislative Assembly 01 that
such amendment was made accordingly.' . State.
Eighty-sixth Amendment (2002): ',. This is a Ninety-Second Amendment (2003): This
pathmaking amendment for providing the right to amendment received the assent of President on 7th
education· as fundamental rights. This amendment January 2004. The Eighth Schedule which recognises
inserted article 21A in the Part III of the Constitution languages was amended to include 4 more languages
(Fundamental Rights) viz., rights to freedom. This like Bodo, Dogri, Maithili and Santhali. By this
article provides that, the State shall provide free and. amendment the total languages became 22.
compulsory education to all children of the age of 6 Ninety-Third Amendment (2005): The Article
to 14 years. The amendment also is made in article 15 which spells the prohibition of cliscrimmation
45 by making provision for early childhood care and on grounds of religion, race, caste, sex or place of
education to children below the age of 6 years. In article birth, was amended by inserting a new clause (5) into
51A in Part IV viz. Fundamental Duties the provision this Article. This amendment made the provision of
was made that the parent or guardian shall have the
reservations for admission of SCs, STs and Backward
duty to prOVide opportunities for education to his child
Classes in private educational ffistitutions.
between age of 6 and 14 years.
Eighty-Seventh Amendment (2003): This Ninety-Fourth Amendment (2006): This
amendment provides for· the re-adjustment of electoral Amendment substituted Chhattisgarh and Jharkhand for
constituencies, including those reserved for the 'Biliar' in Article 164 which deals with other provisions
Scheduled Castes and the Scheduled Tribes, based on as to Chief Minister and other ministers m a State.
the population. Census of 2001, without affecting the Ninety-Fifth Amendment (2010): This
number of seats allocated to States in the Legislative Amendment extended the reservation of seats and
bodies. In Articles 81, 82, 170 and 330 the figure 1991 special representation for SC & ST in House of People
was substituted by the figure 2001. and in the Legislative Assemblies of States for ten more
Eighty-Eighth Amendment (2003): This years under Article 334. .
amendment amended article 268 of the Constitution. Ninety-Sixth Amendment (2011): This
This amendment deals with the duties levied by the Amendment changed the language "Oriya" as NOdia"
Union but collected to and appropriated by the States. in 8th Schedule of Constitution.
But this amendment is not yet affective because this has Ninety-Seventh Amendment (2012): This
been sent to States for their ratification. Amendment provides for the promotion of voluntary
Eighty-Ninth Amendment (2003): This formation, autonomous ftmctionmg, democratic control
Amendment deals with the National Commission for and professional management of co-operative societies.
Scheduled Castes and Scheduled Tribes. This provides Ninety-Eighth Amendment (2012): This
for separate Commission for Scheduled Castes and Amendment provides· for special provisions with
the Scheduled Tribes. It provides for provision for respect to State of Karnataka.
composition, powers and functions of both Scheduled Ninety-Ninth Amendment (2014): This
Castes and Scheduled Tribes. Amendment provides for establishment and functioning
Nintieth Amendment (2003): This amendment of National Judicial Appointments Commission.
amended Article 332 of the Constitution which One Hundredth Amendment (2015): It provides
deals with reservation of seats for SCs and STs in the
for giving effect to the acquiring of territories by India
Legislative Assemblies of States. This amendment
and transfer of certain territories to Bangladesh.
inserted a new provision III clause (6) of this Article
which provides that for the election to the Legislative One Hundred and First Amendment (2016):
Assembly of the State of Assam the representation of The amendment -contains the provisions which are
STs and non-STs in Bodo Land Territorial Areas District necessary for implementation of GST Regime in India.
Constituencies and existing prior to the Constitution of The amendment confers simultaneous power on
such Districts shall be mamtained. Parliament and State Legislatures to make laws for
Ninety-first Amendment (2003): This amendment levying GST simultaneously on every transaction of
deals with disqualification of Parliament members supply and goods and services.
MAJOR OFFENCES AND THEIR PUNISHMENTS
UNDER INDIAN PENAL CODE
"If there were no bad people there would be no good lawyers"
Charles Dickens
"Law cannot persuade, where it cannot punish"
r dFergusson
Rosam
Section Offence Punishment Bailable or
non-bailable
1 2 3 4
120B. Criminal conspiracy to commit an offence Same as for abetment According as offence
punishable with death, imprisonment for of the offence which which is the object of
life or rigorous imprisonment for a term is the object of the conspiracy is bailable or
of 2 years or upwards. conspiracy. non-bailable.
Any other criminal conspiracy. Imprisonment for . Bailable
6 months, or fine, or both.
-
124. Assaulting President, Governor, etc., Imprisonment for Non-bailable
with intent to compel or restrain the 7 years and fine.
exercise of any lawful power.
"
143. Being member of an unlawful assembly. Imprisonment for Bailable

6 months, or fine,
or both.
148. Rioting armed with a deadly weapon. Imprisonment for Bailable

3 years, or fine, or
both.
149. If an offence be committed by any The same as for According as offence is

mem.ber of an unlawful assembly, the offence. bailable or non-bailable.
every other member of such assembly
shall be guilty of the offence.
150. Hiring, engaging or employing persons The same as for a member According as offence is
to take part in an unlawful assembly. of such assembly, and for bailable or non-bailable.
any offence committed
by any member of such
assembly.
152. Assaulting or obstructing public servant Imprisonment for Bailable

when suppressing riot, etc. 3 years, or fine, or both.
153AA. Knowingly carrying arms in any Imprisonment for Non-bailable

procession or organising or holding 6 months and fine
or taking part in any mass drill or of 2,000 rupees.
mass training with arms.
157. Harbouring persons hired for an Imprisonment for Bailable

unlawful assembly. 6 months, or fine, or both.
158. Being hired to take part in an unlawful Ditto Bailable

assembly or riot.
177
Section Offence Ptmishment Bailable or

non-bailable
1 2 3 4
171K Bribery. Imprisonment for 1 year, Bailable
or fine, or both, or if bdbe
by treating only, fine only.
172. Absconding to avoid service of summons Simple imprisonment Bailable

or other proceeding from a public servant. for 1 month, or fine
. ""
of 500 rupees, or both.
!
177. Knowingly furnishing false information Imprisonment for 6 months, Bailable

to a public servant. or fine of 1,000 rupees,
or both.
If the information required respects I Imprisonment for Bailable
the commission of an offence, etc. 2 years, or fine, or both.
193. Giving or fabricating false evidence Imprisonment for Bailable

in a judicial proceeding. 7 years and fine. I
195A. Threatening any person to give Imprisonment for Non-bailable

f<'llf':p pviilpnrp 7 VP<'lr<l or finp or hoth
J
200. Using as true any such declaration The same as for Bailable
known to be false. giving or fabricating "
! false evidence
203. Giving false information respecting Imprisonment for Bailable

an offence committed. 2 years, or fine, or both.
209. False claim in a Court of Justice. Imprisonment for Bailable

2 years and fine. IJl'
"" It
216A. Harbouring robbers or dacoits. Rigorous imprisonment Bailable
for 7 years and fine.
229A. Failure by person released on bail or Imprisonment for 1 year, Non-bailable

bond to appear in Court. or fine or both.
255. Counterfeiting a Government stamp. Imprisonment for Non-bailable

life, or imprisonment
256. Having possession of an instrument Imprisonment for Non-bailable

or material for the purpose of 7 years and fine.
i counterfeiting a Government stamp.
302. Murder. Death, or imprisonment Non-bailable

for life, and fine. ~
304. Culpable homicide not amounting Imprisonment for life, Non-bailable

to murder, if act by which the death or imprisonment
is caused is done with intention of for 10 years and fine.
causing death, etc.
If act is done with knowledge that it is Imprisonment for Non-bailable
likely to cause death, but without any 10 years, or fine,
intention to cause death, etc. or both.
Major offences and their Punishments under Indian Penal Code 179
Sectjon Offence Punishment Bailable or

- non-bailable
1 2 3 4
304A. Causing death by rash or negligent act. Imprisonment for Bailable

..
2 years, cir fine or both.
304B Dowry death. Imprisonment of not Non-bailable

less than 7 years but
which may extend to
imprisonment for life.
307. Attempt to murder.

Imprisonment for Non-bailable
10 years and fine.
If such act causes hurt to any person.

Imprisonment for life, Non-bailable
or imprisonment for
10 years and fine.
Attempt by life-convict to murder, if Death or imprison Non-bailable
hurt is caused. ment for 10 years
and fine.
308. Attempt to commit culpable homicide. Imprisonment for Non-bailable

3 years, or fine, or both.
If such act causes hurt to any person. Imprisonment for Non-bailable~
7 years, or fine, or both
309. Attempt to commit suicide. Simple imprisonment Bailable

for 1 year, or fine; or both.
311. Being a thug. Imprisonment for . Non-bailable

life and fine
312. Causing miscarriage. Imprisonment for Bailable

If the woman be qUick with child. Imprisonment for Bailable --.
7 years and fine.
313. Causing miscarriage without Imprisonment for Non-bailable

woman's consent. life, or imprisonment
323. Voluntarily causing hurt Imprisonment for Bailable
1 year, or fine of
1,000 rupees or both.
324. Voluntarily causing hurt by Imprisonment for Non-bailable
dangerous weapons or means. 3 years, or fine, or both.
325. Voluntarily causing grievous hurt Imprisonment for Bailable
7 years and fine.
326. Voluntarily causing grievous hurt by Imprisonment for Non-bailable
dangerous weapons or means. . life, or imprisonment
326A. Voluntarily causing grievous hurt by Imprisonment for not less Non-bailable
use of acid. than 10 years upto life
Section Offence Punishment I Bailable or

non-bailable
1 2 3 4
327. Voluntarily causing hurt to extort Imprisonment for Non-bailable
property or a valuable security, or to 10 years and fine.
constrain to do anything which is
illegal or which may facilitate the
commission of an offence.
333. Voluntarily causing grievous hurt to Imprisonment for Non-bailable

deter public servant from his duty. 10 years and fine.
341. Wrongfully restraining any person. Simple imprisonment Bailable

for 1 month, or fine of 500
rupees, or both.
342. Wrongfully confining any person. Imprisonment for Bailable

1 year, or fine of
1,000 rupees, or both.
354. Assault or use of criminal force to a Imprisonment of 1 year Non-bailable

woman with intent to outrage her which may extend to
modesty. 5 years and with fine.
363. Kidnapping. Imprisonment for Bailable

7 years and fine.
364. Kidnapping or abducting in order Imprisonment for life, or Non-bailable

to murder. i rigorous imprisonment for
10 years, and fine.
364A. Kidnapping for ransom, etc. ! Death, or imprisonment Non-bailable

for life and fine .
366. Kidnapping or abducting a woman . Imprisonment for Non-bailable

to compel her marriage or to cause 10 years and fine.
her defilement, etc.
366A. Procuration of minor girl. Imprisonment for 10 years Non-bailable

and fine
366B Importation of girl from foreign country. Imprisonqlent for 10 years Non-bailable
and fine
376. Rape. Rigorous Imprisonment Non-bailable

for not less than 7 years
which may extend to life
and with fine
376D. Gang Rape Imprisonment for 20 years Non-bailable

which may extend to life
377. Unnatural offences. Imprisonment for life, Non-bailable

or imprisonment for
10 years and fine.
Major Offences and their Punishments under Indian Penal Code 181

non-bailable
1 2 3 4
379. Theft. Imprisonment for Non-bailable
380. Theft in building, tent or vesseL Imprisonment for Non-bailable

7 years and fine.
381. Theft by clerk or servant of property I:rp.prisonment for Non-bailable

In possession of master or employer. 7 years and fine.
384. Extortion. Imprisonment for Non-bailable

392. Robbery. Rigorous imprisonment Non-bailable

If committed on the highway between Rigorous imprisonment Non-bailable
sunset and sunrise. for 14 years and fine.
393. Attempt to commit robbery. Rigorous imprisonment Non-bailable

for 7 years and fine. ...
395. Dacoity. Imprisonment for life, Non-bailable
.~
or rigorous imprisonment
396. Murder in Dacoity. Death, imprisonment for life Non-bailable

or rigorous imprisonment
406. Criminal breach of trust. Imprisonment for Non-bailable

3 years or fine, or both.
409. Criminal breach of trust by public Imprisonment for life, Non-bailable

servant or by banker, merchant or or imprisonment for
agent, etc, 10 years and fine.
411. Dishonestly receiving stolen property Imprisonment for Non-bailable

knowing it to be stolen. 3 years, or fine, or both
417. Cheating. Imprisonment for Bailable

1 year, or fine, or both.
426. Mischief. Imprisonment for 3 months, Bailable

or fine, or both.
447. Criminal trespass Imprisonment for Bailable

3 months, or fine of
500 rupees, or both.
465. Forgery Imprisonment for Bailable

-----------_ .......... _ - - ..

non-bailable
1 2 3 4
467. Forgery of a valuable security, will or Imprisonment for Non-bailable
authority to make or transfer any valuable life, or imprisonment
security, or to receive any money, etc. for 10 years and fine.
When the valuable security is a promissory Imprisonment for Non-bailable
note of the Central Government. life, or imprisonment
for 10 years and fine .
468. . Forgery for the purpose of cheating. Imprisonment for Non-bailable

7 years and fine ..
489A. Counterfeiting currency-notes or Imprisonment for Non-bailable
bank-notes. life, or imprisonment
493. A man by deceit causing a woman' Imprisonment for Non-bailable

not lawfully married to hirr) to believe 10 years and fine.
that she is lawfully married to him and !
to cohabit with him in that belief.
)
494. Marrying again during the lifetime ImpriSonment for Bailable
of a husband or wife. 7 years and fine.
495. Same offence with concealment of the Imprisonment for Bailable
former marriage from the person with 10 years and fine.

whom subsequent marriage is contracted.
496. A person with fraudulent intention Imprisonment for Bailable

going through the ceremony of 7 years and fine.
being married, knowing that he is
not thereby lawfully married.
497. Adultery. Imprisonment for Bailable

5 years or fine or both.
498A. Punishment for subjecting a married Imprisonment for Non-bailable

woman to cruelty. . 3 years and fine.
500. Defamation against the Presidentor the Simple imprisonment Bailable

Vice-President or the Governor of a State for 2 years, or fine, or both.
or Administrator of a Union Territory
or a Minister in respect of his conduct in
the discharge of his public functions when
instituted upon a complaint made by the
Public Prosecutor.
Defamation in any other case. Simple imprisonment Bailable
for 2 years, or fine, or both.
I

Landmark Judgments of The Supreme Court of India: Ultra Vires and Illegal

Uploaded by

Copyright:

Available Formats

Landmark Judgments of The Supreme Court of India: Ultra Vires and Illegal

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Landmark Judgments of The Supreme Court of India: Ultra Vires and Illegal

Uploaded by

Copyright:

Available Formats

__________---------------------------------------------- l

THE SUPREME COURT OF INDIA

• A.K. Gopalan v. State of Madras: 1950 - Scope

Constitution is not !'law", and to the extent that it does

1977 - Prohibition of conversion by force, fraud and

Constitution are not distinct and mutually exclusive.

constitutionally bound to provide free legal aid to poor

a seat Outside India. Its loveliness increases;

1311- Evergreening of Patents. Truth and non-violence are my God.

• Suresh Kumar Koushal v. NAZ Foundation, Mahatma Gandhi

Debet esse finis litium ¢::> There ought to be a limit signs.

Ab antiquo ¢:? from olden times. Antenuptial ¢:? Before marriage.

Actus reus¢:? The physical acts involving or offence twice.

constituting occurrence of critne. Autrefois acquit ¢:? Formerly acquitted.

Ad arbitrium ¢:? At will. Autrefois convict ¢:> Formerly convicted.

Ad infinitum ¢:> For ever.

large, assize at large, verdict at large, to vouch at

Ad referendum ¢:> For further consideration. link in the chain of causation.

Ad rem ¢:? To the point. Causa celebre ¢:> A celebrated case.

Addenda ¢:? List of additions.

have committed it.

Amicus curiae ¢:? Literally 'friend of court' The

name is given to a lawyer appointed by a court

Culpa ¢:> Wrongful default.

130 Legal General Knowledge

laws. Vis major ¢:> Irresistible force.

ReyNunquam moritur ¢:> King never dies.

144 Legal General Knowledge

COMMITTEE OF THE CONSTITUENT ASSEMBLY

2. Steering Committee Rajendra Prasad

8. States Committee Jawaharlal Nehru

S1. No. Name Portfolios Held

H} Raft Ahmed Kidwai

Dr. Shyama Prasad Mukerji

DIFFERENT SOURCES OF THE INDIAN CONSTITUTION

S.No. Sources Features Borrowed

S.No. Sources Features Borrowed

Now Russian Constitution

INDIAN CONSTITUTION AT A GLANCE

Part Chapter Articles Subject-Matter

Pqrt/Sc Articles Subject-Matter

Schedules Subject-Matter Article covered

PREAMBLE that the edifice of our· Constitution is based upon the

(b) Prohibition of employment of children in factories, etc. (Article

• Article 359 further empowers the President FUNDAMENTAL RIGHTS AVAILABLE

enforcerr'tent of Fundamental Rights during the period

TO BOTH CITIZENS AND FOREIGNERS

WRITS BUT NOT TO ENEMY ALIENS

he claims to be a public office. STATE POLICY

VICE-PRESIDENT 5. Indira Gandhi 1966-1977

• He must be a citizen of India, not less than

LIST OF VICE-PRESIDENTS OF INDIA

The position of Deputy Prime Minister is THE UNION COUNCIL OF MINISTERS: It

S.No. Attorney-General From To Prime Minister at the

t---:-:--+--~·-~-:-;-i~-he-S-w--a-ru-~--i~--{~~~~:~~----+-- ~~:~~:~:~~ :~~:: ~:~~::---~-:---~

Constitution and Political System 161

COMPTROLLER AND AUDITOR­

• Comptroller and Auditor-General of India or

t---:-:--+--~·-~-:-;-i~-he-S-w--a-ru-~--i~--{~~:----+-- ::~: ::: ~:~~::---~-:---~

COMPTROLLER AND AUDITOR