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There are no defined list of rules and procedures for the Officers of Lok Sabha and Rajya Sabha. But, the office of the Speaker is more than being only the presiding officer of the Lok Sabha. When any Member is appointed the speaker, he/she keeps his party allegiance aside and acts in an impartial manner.
Powers of the Speaker of the Lok Sabha
The Office of the Speaker is powerful, as it derives powers from three sources –
The Constitution,
The Rules of Procedures and Conduct of Business of Lok Sabha and
The Parliamentary Convention(residuary powers that are unwritten or unspecified).
The Speaker is the sole authority to decide whether a Bill is a Money Bill or not. This decision of his/her cannot be challenged. The Speaker has to consult Article 110 to mark a Bill as Money Bill.
The speaker of the Lok Sabha presides over the joint setting of the two houses. If the Speaker is absent, the Deputy Speaker of the LS presides. If the Deputy Speaker is also absent, then Vice Chairman of the RS presides.
The Speaker enjoys a special relationship with the Parliamentary Committees. All the Joint Parliamentary Committees are appointed by the Speaker and they report to him/her.
The Speaker nominates various members to these committees. If the Speaker is a Member, he/she becomes the ex-officio Chairman.
The Office of the Speaker is retained till the 1st meeting of the next Lok Sabha. All other Members cease to be in office once the Lok Sabha dissolves.
Special Role under the Tenth Schedule to the Indian Constitution (Anti-Defection law)
The Speaker has to accept the resignation of any Member of the House. This is to ensure that the resignation is voluntary. This decision is final but is open to Judicial Review.
India follows a bicameral system at both the centre and state level. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad.
Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.
The Legislative Council is the upper house of the state. Its establishment is defined in Article 168 of the Constitution of India.
As of January 2020, 6 out of 28 states have a State Legislative Council. The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly.
Eligibility to be a member of State Legislative Council
To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters’ list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.
Tenure of Members
The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years.
Member Composition
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members.
MLCs are chosen in the following manner
One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Role of State Legislative Council The State Legislative Council also have no role in the passing of money bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.
Difference between the Legislative Assembly and the Legislative Council
The term of the Legislative Assembly is five years unless it is dissolved earlier on the request of the chief minister. The tenure of the members of the council is six years, and a third of the members of the House retire after every two years.
Legislative Assembly is the lower house, much like the Lok Sabha of the Parliament. Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.
Assam Legislative Council
The Assam Legislative Council was the unicameral legislature of Assam in India from 1913 to 1935 and then the upper house of the bicameral legislature from 1935 to 1947, when it was abolished by the India (Provincial Legislatures) Order, 1947.
Many provisions of the Indian Constitution are borrowed from well-established provisions found in the constitutions of various countries. Framers of our constitution did change the provisions to suit India’s scenario and subject.
Some of the important borrowed provisions are provided below.
Britain
Parliamentary government
Rule of Law
Legislative procedure
Single citizenship
Cabinet system
Prerogative writs
Parliamentary privileges
Bicameralism
Ireland
Directive Principles of State Policy
Method of Election of the president
Members nomination to the Rajya Sabha by the President
Unites States of America
Impeachment of the president
Functions of president and vice-president
Removal of Supreme Court and High court judges
Fundamental Rights
Judicial review
Independence of judiciary
The preamble of the constitution
Canada
Centrifugal form of federalism where the centre is stronger than the states.
Residuary powers vest with the centre
Centre appoints the Governors at the states
Advisory jurisdiction of the Supreme Court
Australia
Concept of Concurrent list
Joint sitting of the two houses
Freedom of trade and commerce
USSR
Fundamental duties
The ideals of justice (social, economic and political), expressed in the Preamble.
France
Concept of “Republic”
Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany
Fundamental Rights are suspended during Emergency
South Africa
Election of members of the Rajya Sabha
Amendment of the Constitution
Japan
Concept of “procedure established by Law”
Borrowed features of Indian Constitution are as follows:
A state of emergency in India can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India.
Articles 352 to 360 in Part XVIII of the Constitution of India deals with the emergency provisions. These are given to deal with exceptional circumstances like war or rebellion and to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The emergency provisions are influenced by the German constitution. These provisions turns India’s federal structure into a more unitary one.
Emergency provisions in Indian Constitution
A state of emergency is a period of governance that can be proclaimed by the President of India during certain crisis situations.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.
The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The Constitution stipulates three types of emergencies-
National Emergency
Constitutional Emergency
Financial Emergency
National emergency
Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. Whereas when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. This term ‘armed rebellion’ is inserted from the 44th amendment, by replacing ‘internal disturbance’.
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.
Parliamentary approval
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.
Revocation of proclamation
A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.
The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.
Effects on the centre-state relations
While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads: Executive: Centre becomes entitled to give executive directions to a state on ‘any’ matter
Legislative: The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session.
Financial: the president can modify the constitutional distribution of revenues between the centre and the states.
Effect on the life of the Lok Sabha and State Assembly
While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.
Effect on fundamental rights
Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.
The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.
Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.
The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.
This type of emergency has been proclaimed three times so far.
The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the North-East Frontier Agency (Union Territory of Arunachal Pradesh and some parts of Assam)
The second proclamation of National Emergency was made in December 1971 during the attack by Pakistan.
The third proclamation of National Emergency was made in June 1975.
Constitutional Emergency OR President’s Rule
Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution. The Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.
The president’s ruler can be proclaimed under Article 356 on two grounds
Article 356 empowers the President of India to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.
Parliamentary approval
A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
Effects of President’s rule
The President acquires various extraordinary powers when the President’s rule is imposed in a state.
He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
He can declare that the powers of the state legislature are to be exercised by the parliament.
He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.
Judicial review
The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356final and conclusive which would not be challenged in any court on any ground. This provision was deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
Financial Emergency
Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
Parliamentary approval
A proclamation declaring financial emergency must be approved by both the Houses of Parliamentwithin two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
Once approved by both the houses, the Financial Emergency continues indefinitely till it is revoked.
Effects of Financial Emergency
Extension of the executive authority of the Union over the financial matters of the States.
Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.
Reduction of salaries and allowances of all or any class of persons serving in the State.
Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.
Financial emergency has not been imposed in India yet.
The Assam Accord was a Memorandum of Settlement signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985, the presence of the then Prime Minister Rajiv Gandhi, which ended the Assam Agitation.
A Six year agitation started in 1979, led by the All Assam Students’ Union (AASU), the protestors demanded the identification and deportation of all illegal foreigners – predominantly Bangladeshi immigrants. They feared the past and continuing large scale migration was overwhelming the native population, impacting their political rights, culture, language and land rights. The Assam Movement caused the estimated death of over 855 people. The movement ended with the signing of the Assam Accord.
The leaders of the Assam Movement agreed to accept all migrants who had entered into Assam prior to January 1 1966. The Government of India acknowledged the political, social, cultural and economic concerns of the Assamese people and agreed to revise the electoral database. Further, the government agreed to identify and deport any and all refugees and migrants after March 25 1971.
The Government also agreed to open an oil refinery, reopen paper mills and establish educational institutions in the state.
The accord brought an end to the Assam Movement and paved the way for the leaders of the agitation to form a political party and form a government in the state of Assam soon after. Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which kept some of the issues festering. The task of identifying foreigners became politically difficult, affected vote banks, and attracted accusations of religious or ethnic discrimination.
In 1997, the state government completed a study and marked numerous names in its voter list with “d” meaning “disputed citizenship”, with plans to block them from voting. The High Court of the state ascertained that the “d” is based on suspicion, not documentary evidence.
Important Clauses of the Assam Accord
Clause 5: Foreigners Issue
For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.
All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.
Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.
Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.
For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.
On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.
All persons who were expelled, earlier, but have since re-entered illegally into Assam, shall be expelled.
Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigners.
The Government will give due consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the Illegal Migrants (Determination by Tribunals) Act, 1983.
Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.
Clause 7: Economic Development
The Government takes this opportunity to renew their commitment for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be placed on education and science & technology through establishment of national institutions.
Clause 8: Citizenship certificates
The Government will arrange for the issue of citizenship certificates in future only by the authorities of the Central Government.
Specific complaints that may be made by the AASU/AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.
Clause 9: Security of International Border
The international border shall be made secured against future infiltration by erection of physical barriers like walls, barbed wire fencing and other obstacles at appropriate places. Patrolling by security forces on land and riverine routes all along international border shall be adequately intensified. In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate number of check posts shall be set up.
Besides the arrangements mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road would be kept free of human habitation, wherever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to crass the international border.
Clause 10: Prevention of Encroachment of Government lands
It will be ensured that relevant laws for prevention of encroachment of Government lands and lands in tribal belts and blocks are strictly enforced and unauthorized encroachers evicted as laid down under such laws.
Clause 11: Restricting acquisition of immovable property by foreigners
It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.
Clause 12: Registration of births and deaths
It will be ensured that Birth and Death Registers are duly maintained.
Clause 13: Agitation to be called-off
The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) call off the agitation assure full co-operation and dedicate themselves towards the development of the country.
Clause 14: Other points
The Central and the State Government have agreed to:
(a) Review with sympathy and withdraw cases of disciplinary action taken against employees in the context of the agitation and to ensure that there is no victimization;
(b) Frame a scheme for ex-gratia payment to next of kin of those who killed in the course of the agitation;
(c) Give sympathetic consideration to proposal for relaxation of upper age limit for employment in public services in Assam, having regard to exceptional situation that prevailed in holding of academic and competitive examinations, etc. in the context of agitation in Assam;
(d) Undertake review of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of heinous offences;
(e) Consider withdrawal of the prohibitory orders/ notifications in force, if any.
Clause 15: Implementing Agency
The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.
The Parliament passed the Citizenship (Amendment) Bill 2019 which received the President’s assent to become an Act. The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act, 1955.
The Citizenship Act,1955 provides various ways in which citizenship may be acquired. It provides for citizenship by birth, descent, registration, naturalisation and by incorporation of the territory into India.
In addition, it regulates the registration of Overseas Citizen of India Cardholders (OCIs) and their rights. An OCI is entitled to some benefits such as a multiple-entry, multipurpose lifelong visa to visit India.
The Citizenship (Amendment) Act
The Citizenship (Amendment) Act grants citizenship to the Hindus, Christians, Sikhs, Buddhist, Jains and Parsis fromfrom India’s three Muslim-majority neighbours – Afghanistan, Pakistan and Bangladesh who had arrived in India before 31 December 2014, facing religious persecution in the three nations.
This amendment is of the Citizenship Act, 1955 which requires the applicant to haveresided in India for 11 of the previous 14 years. Citizenship (Amendment) Bill, 2016relaxes this requirement from 11 years to six years, for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from the three nations.The Citizenship (Amendment) Act 2019further reduces the period of naturalisation for such group of persons from six years to five years.
CAA not applicable to Areas
The Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya because of being included in the 6th Schedule of the Constitution.
Also areas that fall under the Inner Limit notified under the Bengal Eastern Frontier Regulation, 1873, will also be outside the Act’s purview. This keeps almost entire Arunachal Pradesh, Mizoram and Nagaland out of the ambit of the Act.
Why protest against CAA 2019
In the northeast, the protest is against the Act’s implementation in their areas, as people fear that if implemented, the Act will cause a rush of immigrants that may alter their demographic and linguistic uniqueness.
The CAA 219 contradicts the Assam Accord (1985), which states that illegal migrants, irrespective of religion, heading in from Bangladesh after March 25, 1971, would be deported.
A huge no. of illegal Bangladeshi migrants are present in Assam and they have inalienably altered the demography of the state, besides putting a severe strain on the state’s resources and economy.
It is violative of Article 14 of the Constitution (which guarantees the right to equality and applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the constitution.
The Act does not covered several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar.
It will be difficult to differentiate between illegal migrants and those persecuted.
The base of the CAA is religious oppression in these three countries and thus, may worsen our bilateral ties with them.
How is citizenship acquired in India? In India, citizenship is regulated by the Citizenship Act, 1955. The Act specifies that citizenship may be acquired in India through five methods – by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.
The Chief Minister of Assam is the de facto head of the Government of Assam. The governor appoints the chief minister, whose council of ministers are collectively responsible to the assembly. The chief minister’s term is for five years and is subject to no term limits.
Gopinath Bordoloi, the first Chief Minister of Assam
Anwara Taimur, India’s first female Muslim chief minister.
Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.
The original constitution is hand-written, with each page decorated by artists like Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada.
It originally had 395 articles in 22 parts and 8 schedules. But in the due course, many other articles and three other parts were added to it by subsequent constitutional amendments. The constitution now has about 450 articles in 25 parts. The Indian constitution is the world’s longest for a sovereign nation.
All the articles are not needed to be remembered but aspirants should have good idea about the nature and salient features of the Indian Constitution. And they must know the most important Articles of the Indian Constitution.
Article 2 – Admission and Establishment of the new state.
Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.
Part II ( Article 5 to Article 11 )
Article 5 – Citizenship at the commencement of the constitution.
Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.
Article 10- continuance of rights of citizenship.
Article 11- Parliament to regulate the right of citizenship by law.
Part III ( Article 12 to Article 35 )
Article 12- Definition of the state
Article 13 Laws inconsistent with or in derogation of the fundamental rights. Originally, the constitution had 7 basic Fundamental Rights, now there are only six rights. Right to property under Article 31 was deleted from the list of fundamental rights by 44th amendment act 1978 and it is made a legal right under Article 300-A.
Part III of the Constitution is described as the Magna Carta of India. ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
The Constitution of India provides for six Fundamental Rights: Right to equality (Articles 14–18) Right to freedom (Articles 19–22) Right against exploitation (Articles 23–24) Right to freedom of religion (Articles 25–28) Cultural and educational rights (Articles 29–30) Right to constitutional remedies (Article 32)
Important Fundamental Rights
RIGHT TO EQUALITY: Article 14 to Article 18
Article 14- Equality before the law.
Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of the untouchability.
Article 18- Abolition of titles
RIGHT TO FREEDOM: Article 19 to Article 22
Article 19 guarantees to all the citizens the six rights (a) Right to freedom of speech and expression. (b) Right to assemble peacefully and without arms. (c) Right to form associations or unions. (d) Right to move freely throughout the territory of India. (e) Right to reside and settle in any part of the territory of India. (f) Right to practice any profession or to carry on any occupation, trade, and business.
Article 20- Protection in respect of conviction for offences.
Article 21-Protection of life and personal liberty.
Article 21A – Right To Education
Article 22- Protection against arrest and detention in certain cases.
RIGHT AGAINST EXPLOITATION: Article 23 to Article 24
Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories and mines under age of 14.
RIGHT TO FREEDOM OF RELIGION: Article 25 to Article 28
Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to pay taxes for promotion of any particular religion.
Article 28 – Freedom from attending religious instruction.
CULTURAL AND EDUCATIONAL RIGHTS: Article 29 to Article 30
Article 29 – Protection of interest of minorities. Article 30 – Right of minorities to establish and administer educational institutions.
Right to constitutional remedies : Articles 32 to Articles 35
Article 32 – Remedies for enforcement of Fundamental Rights.
These empowers the citizens to move to a court of law in case of any denial of the fundamental rights.
The courts can issue various kinds of writs protecting the rights of the citizens.
habeas corpus
mandamus
Writ of Prohibition
quo warranto
certiorari
This allows a citizen to move to court if they believe that any of their Fundamental Rights have been violated by the State.
Dr. B. R. Ambedkar declared the right to constitutional remedies “the heart and soul” of the Indian constitution.
Part IV - Directive Principal of states Policy ( Article 36 to Article 51 )
Article 36- Definition
Article 37- Application of DPSP
Article 39A- Equal justice and free legal aid
Article 40- Organisation of village panchayat
Article 41- Right to work, to education, and to public assistance in certain cases
Article 43- Living Wages, etc. for Workers.
Article 43A- Participation of workers in management of industries.
Article 44- Uniform civil code.( applicable in Goa only)
Article 45- Provision for free and compulsory education for children.
Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.
Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 48-Organisation of agriculture and animal husbandry.
Article 49- Protection of monuments and places and objects of natural importance.
Article 50- Separation of judiciary from the executive.
Article 51- Promotion of international peace and security.
Part IVA - Fundamental Duties ( Article 51A )
Article 51A – Specifies the Fundamental Duties of every citizen
It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.
Part V ( Article 52 to Article 151 ) - Union
Article 52- The President of India
Article 53- Executive Power of the union.
Article 54- Election of President
Article 61- Procedure for Impeachment of the President.
Article 63- The Vice-president of India.
Article 64- The Vice-President to be ex-officio chairman the Council of States.
Article 66-Election of Vice-president.
Article 72-Pardoning powers of President.
Article 74- Council of Ministers to aid and advise the President.
Article 76- Attorney-General for India.
Article 79- Constitution of Parliament
Article 80- Composition of Rajya Sabha.
Article 81- Composition of Lok Sabha.
Article 83- Duration of Houses of Parliament.
Article 93- The speakers and Deputy speakers of the house of the people.
Article 105- Powers, Privileges, etc of the House of Parliament.
Article 109- Special procedure in respect of money bills
Article 110- Definition of “Money Bills”.
Article 112- Annual Financial Budget.
Article 114-Appropriation Bills.
Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
Article 124- Establishment of Supreme Court.
Article 125- Salaries of Judges.
Article 126- Appointment of acting Chief justice.
Article 127- Appointment of ad-hoc judges.
Article 128-Attendance of a retired judge at sitting of the Supreme Court.
Article 129- Supreme court to be a court of Record.
Article 130- Seat of the Supreme court.
Article 136- Special leaves for appeal to the Supreme Court.
Article 137- Review of judgement or orders by the Supreme court.
Article 141-Decision of the Supreme Court binding on all the courts.
Article 148- Comptroller and Auditor- General of India
Article 149- Duties and Powers of CAG.
Part VI ( Article 152 to Article 237) - States
Article 153- Governors of State
Article 154- Executive Powers of Governor.
Article 161- Pardoning powers of the Governor.
Article 165- Advocate-General of the State.
Article 213- Power of Governor to promulgate ordinances.
Article 214- High Courts for states.
Article 215- High Courts to be a court of record.
Article 226- Power of High Courts to issue certain writs.
Article 233- Appointment of District judges.
Article 235- Control over Sub-ordinate Courts.
Part VII – Article 238 – Repealed
Part VIII – Article 239-242 – Union Territories
Part IX ( Article 243 to Article 243 O) - Panchayats
Article 243A- Gram Sabha
Article 243B- Constitution of Panchayats
Part IX-A – 243 P-243 ZG – Municipalities
Part IX-B – 243 ZH-243 ZT- Co-operative Societies
Part X – Scheduled and Tribal Areas -244
Part XI – Center- State Relations 245 – 263
Part XII ( Article 264 to Article 300 A) - Finance, Property, Contracts and Suits
Article 266- Consolidated Fund and Public Accounts Fund
Article 267- Contingency Fund of India
Article 280- Finance Commission
Article 300-A- Right to property.
Part XIII ( Article 301 to Article 307) - Trade, Commerce and Intercourse within the territories of India
Article 301-Freedom to trade, commerce, and intercourse.
Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Part 14: Services Under Center and State (308-323)
Article 312- All- India-Service.
Article 315- Public service commissions for the union and for the states
Article 320- Functions of Public Service Commission.
Part XIV-A ( Article 323A to Article 323B) - Tribunals
Article 323A- Administrative Tribunals
Part XV ( Article 324 to Article 329) - Elections
Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.
Part XVI ( Article 330 to Article 342) - Special Provisions to SC, ST, OBC, Minorities etc
Article 338- National Commission for the SC, & ST.
Article 340- Appointment of a commission to investigate the conditions of backward classes.
Part XVII ( Article 343 to Article 351) - Official Language
Article 343- Official languages of the Union.
Article 345- Official languages or languages of states.
Article 348- Languages to be used in the Supreme Court and in the High Courts.
Article 351-Directive for development of the Hindi languages.
Part XVIII ( Article 352 to Article 360) - Emergency
Article 352- Proclamation of emergency ( National Emergency).
Article 356- State Emergency (President’s Rule)
Article 360- Financial Emergency
Part XIX ( Article 361 to Article 367) - Miscellaneous
Article 361- Protection of President and Governors
Part XX – Article 368 – Amendment of Constitution
Part XXI – Article 369 to Article 392 – Special, Transitional and Temporary Provisions
Article 370 – Special provision of J&K.
Article 371A – Special provision with respect to the State of Nagaland
Article 371-J: Special Status for Hyderabad-Karnataka region
Part XXII – Article 392 to Article 395 – Short Text, Commencement, Authoritative Text in Hindi and Repeals
Article 393 – Short title – This Constitution may be called the Constitution of India.
Article 395Repeals India Independence Act and Government of India Act, 1935
On 21 January 1972, the North East Reorganization Act 1972 provide for the establishment of the States of Manipur and Tripura and to provide for the formation of the State of Meghalaya and of the Union territories of Mizoram and Arunachal Pradesh by reorganisation of the existing State of Assam and for matters connected therewith.
The High Court of Assam and Nagaland shall cease to function and is hereby abolished;
There shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);
The Judges of the High Court of Assam and Nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
The common High Court shall have, in respect of the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland, and Tripura, all such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Assam and Nagaland or the Court of the Judicial Commissioner for Manipur, or the Court of the Judicial Commissioner for Tripura, as the case may be.
ESTABLISHMENT OF THE STATE OF MANIPUR
There shall be established a new State, to be known as the State of Manipur, comprising the territories which immediately before that day were comprised in the Union territory of Manipur.
ESTABLISHMENT OF THE STATE OF TRIPURA
There shall be established a new State, to be known as the State of Tripura, comprising the territories which immediately before that day were comprised in the Union territory of Tripura.
FORMATION OF THE STATE OF MEGHALAYA
There shall be formed a new State, to be known as the State of Meghalaya, comprising –
(a) the territories which immediately before that day were comprised in the autonomous State of Meghalaya formed undersection 3-of the Assam Reorganisation (Meghalaya) Act, 1969-; and
(b) so much of the territories comprised within the cantonment and municipality of Shillong as did not form part of that autonomous State, and thereupon the said territories shall cease to form part of the existing State of Assam.
FORMATION OF THE UNION TERRITORY OF MIZORAM
There shall be formed a new Union territory, to be known as the Union territory of Mizoram, comprising the territories which immediately before that day were comprised in the Mizo District in the existing State of Assam and thereupon the said territories shall cease to form part of the existing State of Assam.
FORMATION OF THE UNION TERRITORY OF ARUNACHAL PRADESH
On and from the appointed day7there shall be formed a new Union territory, to be known as the Union territory of Arunachal Pradesh, comprising the territories which immediately before that day were comprised in the tribal areas specified in Part B of the table appended to paragraph 20 of the Sixth Schedule to the Constitution (but excluding the areas covered by notification No. TAD/R/35/50/109, dated the 23rd February, 1951 issued by the Governor of Assam under the proviso to sub-paragraph (3) of the said paragraph 20) and known as the North-East Frontier Agency and thereupon the said territories shall cease to form part of the existing State of Assam.
PARLIAMENTARY CONSTITUENCY OF THE UNION TERRITORY OF MIZORAM
The whole of the Union territory of Mizoram shall form one parliamentary constituency to be called the Mizoram parliamentary constituency and as soon as may be after the appointed day election shall be held to the House of the People to elect a representative from that constituency, as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951-shall, so far as may be, apply in relation to such election.
PROVISION AS TO THE MEMBER TO REPRESENT ARUNACHAL PRADESH IN THE HOUSE OF THE PEOPLE
The sitting member nominated to fill the seat allotted in the House of the People to the Tribal Areas of Assam specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution, known as the North-East Frontier Agency, shall, and from the appointed day, be deemed to have been nominated to fill the seat allotted to the Union territory of Arunachal Pradesh in the House of the People.
ALLOCATION OF SEATS IN THE LEGISLATIVE ASSEMBLIES
(1) On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Assam, to be filled by persons chosen by direct election from territorial constituencies, shall be reduced from one hundred and twenty-six to one hundred and fourteen; and every sitting member of that Legislative Assembly representing a constituency which ceases to be a constituency in the State of Assam by virtue of the provisions of sub-section (5) shall, as from the appointed day, cease to be a member of that Legislative Assembly.
(2) The total number of seats in the Legislative Assembly of the State of Manipur, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which one seat shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(3) The total number of seats in the Legislative Assembly of the State of Tripura, to be constituted at any time after the appointed day to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which six seats shall be reserved for the Scheduled Castes and nineteen seats shall be reserved for the Scheduled Tribes.
(4) The total number of seats in the Legislative Assembly of the State of Meghalaya, to be constituted at any time after the appointed day, to be filled by persons chosen bydirect election from territorial constituencies shall be sixty out of which fifty seats shall be reserved for the Scheduled Tribes.
(5) On and from the appointed day. Part B of Schedule II to the Delimination of Parliamentary and Assembly Constituencies Order, 1966 shall stand amended as directed in the First Schedule.
145 Marks from Adhikary Education Mains Test Series
145 marksworth Questions were asked inAPSC CCE (Main) 2018 – Political Science Paper 2 which were asked in our APSC Mains Test Series 2018 (Pol. Sc. Optional). This is a testimony to our continuous efforts to provide the best quality materials for the APSC Prelims and Mains Exam 2018 to assist better preparation of the aspirants.
APSC Mains 2018 Political Science - Paper II
PART – A
Answer any eight questions from the following within 250 words each: 20 x 8 = 160
Q1. Discuss the framing of the Constitution of India emphasizing on the role of the Constituent Assembly. Justify the statement that ‘Indian Constitution is the document of socio-economic basis and philosophy’. 12+8=20
Q2. Define secularism. Examine critically the working of the concept of secularism in Indian context. 5+15=20
Question from our APSC Mains Political Science Test Series Test 8: Q4 (15 Marks) (Partially)
Q3. Discuss the main features of Fundamental Rights incorporated in the Constitution of India. Why are these rights termed as fundamental? Can Fundamental Rights be amended? 10+5+5=20
Question from our APSC Mains Political Science Test Series Test 3: Q9 (10 Marks)
Q4. Discuss the reasons for incorporation of the Directive Principles in the Constitution. Examine the relevance and implementation of these Principles in India. 8+12=20
Question from our APSC Mains Political Science Test Series Test 3: Q13 (20 Marks) (Indirectly)
Q5. Explain the method of election of the President of India. What are it’s drawbacks? Examine the position of the President of India. 10+5+5=20
Question from our APSC Mains Political Science Test Series Test 6: Q1 (5 Marks)
Q6. Evaluate the factors responsible for the growth of centralizing tendency in Indian polity. Is India a true federation? Give your arguments. 12+8=20
Question from our APSC Mains Political Science Test Series Test 7: Q4. (8 Marks) (Indirectly)
Q7. Discuss the organization, power and functions of the Union Cabinet. How do you account for the strong position of the Cabinet in Indian political system? 12+8=20
Q8. Critically examine the role of the Governor of an Indian State. What are the discretionary powers of the Governor of Assam? 12+8=20
Question from our APSC Mains Political Science Test Series Test 3: Q4 & Test 8: Q5. (20 Marks)
Q9. What is Money Bill? Discuss the procedure for enactment of Money Bill in the Indian Parliament. 5+15=20
Q10. Discuss the functioning of local self-government in Assam. What is the role of the local self-governing institutions in the development of the region? 15+5= 20
Question from our APSC Mains Political Science Test Series Test 4: Q4. (15 Marks)
Q11. “The American Senate is regarded as the strongest Second Chamber of the world.” Analyse this statement relating to power, functions and position of the Senate of the United State if America. 20
Question from our APSC Mains Political Science Test Series Test 2: Q8. (20 Marks)
Q12. Define the composition and functioning of the Union Public Service Commission emphasizing its independence and neutrality. 20
PART – B
Answer any five questions from the following within 150 words each:
Q13. Explain legislative relations between the Centre and the States in India. 8
Question from our APSC Mains Political Science Test Series Test 3: Q3. (8 Marks)
Q14. Critically evaluate the role of the United Nations in maintaining international peace and security. 8
Question from our APSC Mains Political Science Test Series Test 4: Q7. (8 Marks)
Q15. Examine the role of the Supreme Court in India with special reference to the court’s power of judicial review. 8
Q16. Discuss the various constitutional and statutory provisions of acquiring and loss of Indian citizenship. 4+4=8
Question from our APSC Mains Political Science Test Series Test 3: Q2. (8 Marks)
Q17. Evaluate the procedure for the amendment of the American Constitution. 8
Question from our APSC Mains Political Science Test Series Test 4: Q1. (8 Marks)
Q18. How is the British Cabinet formed? Enumerate the main features of British Cabinet system. 4+4=8
Q19. Discuss Prof. Dicey’s concept of Rule of Law emphasizing on its applicability and limitations in England. 5+3=8
Q20. What is the full form of PIL? Discuss the features of PIL. 3+5=8
A total questions worth 145 Marks in APSC CC(Mains) Exam 2018 – Polity Paper 1, were matched with the questions of our APSC Mains Political Science Test Series.
